SF 342 — A bill for an act relating to public records and communications in professional confidence; uniform commercial code filings; qualified immunity; peace officer health plans and workers’ compensation; certain law enforcement matters; criminal laws involving public disorder, assaults, and harassment; civil liability for certain vehicle operators; window tinting; acts on certain highways; and civil service commission examinations; providing penalties, and including effective date and retroactive applicability provisions. (Formerly SF 6.) Effective date: Enactment, 07/01/2021. Applicability date: 01/01/2021.

(1) Upon request by a peace officer, as defined in section 801.4, civilian employee of a law enforcement agency, or state or federal judicial officer or state or federal prosecutor, the county assessor or the county assessor’s staff, or the county recorder or the county recorder’s staff, shall redact the requestor’s name contained in electronic documents that are displayed for public access through an internet site.

(2) Upon request by a former peace officer, as defined in section 801.4, or a former civilian employee of a law enforcement agency, the county assessor or the county assessor’s staff, or the county recorder or the county recorder’s staff, may redact, upon the presentation of evidence that a compelling safety interest is served by doing so, the requestor’s name contained in electronic documents that are displayed for public access through an internet site.

Section 622.10, subsection 9, paragraphs a and b.b, Code 2021, are amended to read as follows:

Codea. 2021, are amended to read as follows:

a, A peer support group counselor or individual present for a group crisis intervention who obtains information from an officer or a civilian employee of a law enforcement agency or fire department by reason of the counselor'scounselor’s capacity as a peer support group counselor or an individual'sindividual’s presence for a group crisis intervention shall not be allowed, in giving testimony, to disclose any confidential communication properly entrusted to the counselor or individual present for a group crisis intervention by the officer or civilian employee while receiving counseling or group crisis intervention.

The prohibition in this subsection does not apply where the officer or civilian employee has consented to the disclosure of the information specified in paragraph “a” or where the peer support group counselor or individual present Senate File 342, p.

DDIVISION III VUNIFORM ICOMMERCIAL SCODE I—— IFRAUDULENT NFILINGS U N I F OC O M M E RC O D —L F R A U D U F I L I N G S Sec.

Section 554.9510, subsection 11, , Code 2021, is aamended mto eread nas tfollows: o r e aa sf o l l o w s :

F1. i l e d r e c o r d e f f e c t i v e iA f i l er e c o r d d , is effective only to the extent that it was filed by a person that may file it under section 554.9509 or by the filing office u n d s e c t i5 5 4 .

9Filed 5record 1effective 3if Aauthorized. .

A filed record is effective only to the extent that it was filed by a person that may file it under section 554.9509 or by the filing office under section 554.9513A.

554.9513A Termination of wrongfully filed financing statement ——— reinstatement.

Trusted filer,filer. ^Trusted filer" means a person that does any of the following:

“Trusted filer” means a person that does any of the following:

Regularly causes records to be communicated to the filing office for filing and has provided the filing office wwith icurrent tcontact hinformation cand uinformation rsufficient rto eestablish n t c o n t a c t i n i n f o r m a t i o n s u f f i c i e n t t o .establish the person'sperson’s identity.

Affidavit of wrongful filing,filing. A person identified as debtor in a filed financing statement may deliver to the filing office a notarized, sworn affidavit that identifies the financing statement by file number, indicates the affiant's mailing address, and states that the affiant believes that the filed record identifying the affiant as debtor was not a u t h o r t o b e f i a n dw a s c a u t ob e c o m m u n it o t h ed filing office with the intent to harass or defraud the affiant.

TheA person identified as debtor in a filed financing statement may deliver to the filing office maya rejectnotarized, answorn affidavit that isidentifies incompletethe orfinancing tstatement hby aifile tbnumber, eindicates lthe iaffiant’s emailing waddress, aand sstates dthat ethe laffiant ibelieves vtthat oithe tfiled wrecord iidentifying ttthe haffiant ias ndebtor twas enot tauthorized ohto abe rfiled aand swas scaused to be communicated to the filing office with the intent to harass or defraud the securedaffiant. party.

The filing office ofmay thereject secretaryan ofaffidavit statethat shallis adoptincomplete aor formthat ofit affidavitbelieves forwas usedelivered underto thisit swith ethe cintent tto iharass oor ndefraud .the secured party.

The office of the secretary of state shall adopt a form of affidavit for use under this section.

Subject to subsection 11, if an affidavit is delivered to the filing office under subsection 2, the filing office shall promptly file a termination statement with respect to the financing s t a t e m e n t i d i n t h e a f f i d T h e t e r m i n a t i o n statement mustidentified identifyin by its file number the initialaffidavit. financing statement to which it relates and must indicate that it was filed pursuant to this section.

AThe termination statement filedmust underidentify thisby subsectionits isfile notnumber effectivethe untilinitial ninetyfinancing daysstatement ato fwhich tit irelates tand imust sindicate fthat iit lwas efiled dpursuant .to this section.

A termination statement filed under this subsection is not effective until ninety days after it is filed.

The filing office shall not charge a fee for the filing of an affidavit under subsection 2 or a termination statement under subsection 3.

A6. d m i n i s t r a t i v a c t i o n f o r r e i n sAt a t e m e n t , secured party that believes in good faith that the filed record identified in an affidavit delivered to the filing office under s u b s e c 2 w a a u t h o rt ozb e f i la n w a n o tc a u st od be communicated to the filing office with the intent to harass or defraud the affiant may:

Administrative review —— action for reinstatement.

A secured party that believes in good faith that the filed record identified in an affidavit delivered to the filing office under subsection 2 was authorized to be filed and was not caused to be communicated to the filing office with the intent to harass or defraud the affiant may:

The filing office may as a result of this review remove from the record the termination statement filed by it under ssubsection u b s e c 3 bbefore ethe ftermination otstatement htakes teffect eand r m i n as t a t e t a k ee f f ea n d Senate File 342, p.

7 cconduct oan nadministrative dreview uaunder nasubsection d11. m i n i s t r e v i u n d s u b s e c 1 1 .

n b.

File an action against the filing office seeking reinstatement of the financing statement to which the filed record relates at any time before the expiration of six months aafter fthe tdate eton h e d a t which tthe htermination estatement tfiled e r m i n a t i o n s t a under esubsection n t f i l e d s u b s e c 3 bbecomes eeffective. c o m e s e f f e I ft h e a f f i a n t i s n a s named a defendant in the action, the secured party shall send a copy of the petition to the affiant at the address indicated in the a f f i d a vT h e e x c l uv e n u e ft h e a c t i o n b e in t h e district court for the county where the filing office in which the financing statement was filed is located.

If the affiant is not named as a defendant in the action, the secured party shall send a copy of the petition to the affiant at the address indicated in the affidavit.

The exclusive venue for the action shall be in the district court for the county where the filing office in which the financing statement was filed is located.

The notice must indicate the file number of the initial financing sstatement tto awhich tthe enotice mrelates. e n t t ot h n o t ir e l a t e s .

If, in an action under subsection 6, the court determines that the financing sstatement twas aauthorized tto ebe mfiled eand n t w a s a ut o b e f i la n was nnot ocaused tto cbe a u t o b e communicated to the filing office with the intent to harass or defraud the affiant, the court shall order that the financing statement be reinstated.

If aan n order oof f reinstatement is issued by the court, the filing office shall promptly file a record that identifies by its file number the initial financing statement tto o which the record relates and indicates that the financing statement has been reinstated.

A continuation statement filed as provided in section 554.9515, subsection 44, , after the effective date of a ttermination estatement rfiled m i n a t i o n s t a t under ssubsection u3 b s e c t3 or 111 1bbecomes e c o m e s effective if the financing statement is reinstated.

8 subsection 66, , the court determines that the filed record identified in an affidavit delivered to the filing office under subsection 2 was caused to be communicated to the.the filing office with the intent to harass or defraud the affiant, the filing office and the affiant may recover from the secured party that filed the action the costs and expenses, including reasonable attorney fees and the reasonable allocated costs of internal counsel, that the filing office and the affiant incurred in the action.

filingThis officerecovery withis thein intentaddition to harassany orrecovery defraudto thewhich affiant, the filing office and the affiant mayis recoverentitled fromunder thesection secured554.9625. party that filed the action the costs and expenses, including reasonable attorney fees and the reasonable allocated costs of internal counsel, that the filing office and the affiant incurred in the action.

This recovery is in addition to any recovery to which t h e a f f i a n t i s e under ts e c t i o n 5 5 4 .

9 6 2 5 .

If an affidavit delivered to a filing office under subsection 2 relates to a filed record communicated to the filing office by a trusted filer, the filing office shall promptly send to the secured party of record a notice stating that the affidavit has been delivered to the filing office and that the filing office is conducting an administrative review to determine whether the rrecord ewas ccaused oto wbe acommunicated cwith athe uintent sto tharass ob ec o m m u n i cw i tt h i n t e t oh a r a s s or defraud the affiant.

The notice shall be sent by certified mail, return receipt requested, to the address provided for the secured party in the financing statement with a copy sent by electronic mail to the electronic mail address provided by the secured party of record, if any, and a copy shall be ssent ein nthe tsame it h e s a manner t o t h e a f f i aT h e a d m i n i s t r a t i v e review shall be conducted on an expedited basis and the filing office may require the affiant and the secured party of record to provide any additional information that the filingaffiant. office deems appropriate.

IfThe theadministrative filingreview officeshall concludesbe thatconducted theon recordan wexpedited abasis sand c a u t o b e c o m m u n iwith t h e i n t e n t t o h a r a s s or defraud the affiant, the filing office shallmay promptlyrequire filethe aaffiant tand ethe rsecured mparty iof nrecord a t i o n s under s u b s e c t2 t h a t w i l l b e e f f e c t i v e immediately and send to theprovide securedany partyadditional ofinformation recordthat the noticefiling requiredoffice bydeems subsectionappropriate. 5.

TheIf securedthe partyfiling mayoffice thereafterconcludes fthat ithe lrecord awas nacaused cto tbe ifcommunicated owith rrthe eintent ito nharass sor tdefraud the affiant, the filing office shall promptly file a tutermination nstatement dunder essubsection u2 bthat swill ebe ceffective 6immediately aand nsend tto hthe esecured provisionsparty of subsectionsrecord 7the throughnotice 10required areby applicable.subsection 5.

SThe esecured cparty .may thereafter file an action for reinstatement under subsection 6 and the provisions of subsections 7 through 10 are applicable.

1Sec. 1NEW SECTION.

714.2911. Records filed with intent t o h a r a s sd e f r a u d .

NEW SECTION.

714.29 Records filed with intent to harass or defraud.

The person is not authorized to file the record under ssection e554.9509. c t i5 5 4 .

9 5 0 9 .

The record is not related to an existing or anticipated transaction that is or will be governed by chapter 554, article .9.

cc. .

TThe hrecord eris efiled cwith oithe sintent fto iharass lwor idefraud t t h e i n tt oh a r a s sd e f r a u d the person identified as debtor in the record.

A person that violates subsection 1 is guilty of a simple misdemeanor for a ffirst i r s t offense and a serious misdemeanor for a second or subsequent offense.

DDIVISION IIII V I S I I I QUALIFIED IMMUNITY Sec.

The right, privilege, or immunity secured by law was not clearly established at the time of the alleged deprivation, or at the time of the alleged deprivation the state of the law was not sufficiently clear that every reasonable employee would have understood that the conduct alleged constituted a vviolation iof olaw. l a to fl a w .

A court of competent jurisdiction has issued a final decision on the merits holding, without reversal, vacatur, or preemption, that the specific conduct alleged to be unlawful wwas aconsistent swith cthe olaw. n s i w i tt h l a w .

The state or a state agency shall not be liable for any claim brought under this chapter where the employee was determined to be protected by qualified immunity under ssubsection u1. b s e c 1 .

o n 3.

669.26 HoneyMoney damages ——— nonwaiver of rights.

This chapter shall not be construed to be a waiver of sovereign immunity for a claim for money damages under the CConstitution oof nthe sState tof iIowa. t o ft h S t a o fI o w a .

The right, privilege, or immunity secured by law was not clearly established at the time of the alleged deprivation, or at the time of the alleged deprivation the state of the law was not sufficiently clear that every reasonable employee would have understood that the conduct alleged constituted a vviolation iof olaw. l a to fl a w .

b,b. A court of competent jurisdiction has issued a final decision on the merits holding, without reversal, vacatur, or preemption, that the specific conduct alleged to be unlawful w a s c o n s i s t e n t w i t h t h e l a w .

A court of competent jurisdiction has issued a final decision on the merits holding, without reversal, vacatur, or preemption, that the specific conduct alleged to be unlawful was consistent with the law.

670.14 Money damages ——— nonwaiver Senate File 342, p.

This chapter shall not be construed to be a waiver of sovereign immunity for a claim for money damages under the CConstitution oof nthe sState tof iIowa. t u tt h e S t o fI o w a .

DDIVISION IIV VPEACE IOFFICER, SIPUBLIC VOSAFETY, N P E A C E O F F I C E R , P U B L I C S A F E T Y , AND EMERGENCY PERSONNEL BBILL IOF LRIGHTS L O F R I G H T S Sec.

Section 80F.1, subsection 1, paragraph a.a, Code 2021, is amended to read as follows:

Codea. 2021, is amended to read as follows:

a,“Complaint” '^Complaint^ means a formal written allegation signed by the complainant or a signed written statement by an officer receiving an oral complaint stating the complainant'scomplainant’s allegation.

Section 80F.1, subsections 33, ,5, 58, ,9, 813, , 9 , 1 3 , and 118, 8 , Code 2021, are amended tto o read as follows:

aj_a. The officer shall have the right to have the assistance of legal counsel present, at the officer's expense, during the interview of the officer and during hearings or other disciplinary or administrative proceedings relating to the complaint.

InThe addition, the officer shall have the right,right atto have the officer'sassistance expense,of tolegal havecounsel apresent, unionat representativethe presentofficer’s expense, during the interview or,of ifthe notofficer aand memberduring ofhearings aor union,other thedisciplinary officeror shalladministrative haveproceedings therelating right to havethe acomplaint. designee present.

In addition, the officer shall have the right, at the officer’s expense, to have a union representative present during the interview or, if not a member of a union, the officer shall have the right to have a designee present.

The officer'sofficer’s legal counsel, union representative, or Senate File 342, p.

The officer*sofficer’s legal counsel may coordinate and communicate in confidence with the officerofficer’s designated union representative or employee representative, and such communications are not subject to discovery in any proceeding.

If a formal administrative investigation results in the removal, discharge, or suspension, or other disciplinary action against an officer, copies of any witness statements and the complete investigative agency'sagency’s report shall be timely provided to the officer upon the request of the officer or the officer'sofficer’s legal counsel upon request at the completion of the investigation.

An officer shall have the right to pursue civil romodiGSremedies under the law bring a cause of action against a citizen any person, group of persons, organization, or corporation for damages arising from the filing of a false complaint against the officer or any other violation of this chapter including but not limited to actual damages, court costs, and reasonable attorney fees.fees .

A municipality, county, or state agency employing an officer shall not publicly release the officer'sofficer’s official photograph without the written permission of the officer or without a request to release pursuant to chapter 22.

An officer'sofficer’s personal information including but not limited to the officer'sofficer’s home address, personal telephone number, personal electronic mail address, date of birth, social security number, and driver'sdriver’s license number shall be confidential and shall be redacted from any record prior to the record'srecord’s release to the public by the employing agency.

Nothing in this subsection prohibits the release of an officer'sofficer’s photograph or unredacted personal information to the officer'sofficer’s legal counsel, union representative, or designated employee representative upon the officer'sofficer’s request.

Section BOF.l,80F.1, Code 2021, is amended by adding the Senate File 342, p.

NEW SUBSECTION.SUBSECTION .

The employing agency shall keep an officer'sofficer’s statement, recordings, or transcripts of any interviews or disciplinary proceedings, and any complaints made against an officer confidential unless otherwise provided by law or with the officer'sofficer’s written consent.

Nothing in this section prohibits the release of an officer'sofficer’s statement, recordings, or transcripts of any interviews or disciplinary proceedings, and any complaints made against an officer to the officer or the officer'sofficer’s legal counsel upon the officer'sofficer’s request.

NEW SUBSECTION.SUBSECTION .

NEW SUBSECTION.SUBSECTION .

Upon written request, the employing agency shall provide to the requesting officer or the officer'sofficer’s legal counsel a copy of the officer'sofficer’s personnel file and training records regardless of whether the officer is subject to a formal administrative investigation at the time of the request.

DDIVISION I V IOFFICER SDISCIPLINARY VACTIONS O N O F F I D I S C I P L A C T I O N S Sec.

NEW SUBSECTION.SUBSECTION .

SSec. e c2 1 .

B21. R A D Y - GL I S I N T E C O M M I T T E E .

BRADY-GIGLIO LIST INTERIM COMMITTEE.

Study the disclosure of information contained in officer personnel files as such information relates to a Brady-Giglio llist. i s t .

Study the efficiency of implementing a statewide system for a Brady-Giglio list, identifying impartial entities to conduct investigations pertaining to an officer'sofficer’s acts or omissions to act, and recommending the appropriate procedures, due process protections, appeal rights, and criteria for the placement and removal of an officer'sofficer’s name on and from a Brady-Giglio list.

The committee may solicit the advice or testimony of any organization or individual with information or expertise relevant to the purpose of the ccommittee. o m m i t t e e .

T2. h e c o m m i t t e e s h a l lt h r m e m b e r t h e senate appointed by the majority leader of the senate, two members of the senate appointed by the minority leader of the senate, three members of the house of representatives appointed by the speaker of the house of representatives, and two members of the house of representatives appointed by the minority leader of the house of representatives.

AThe dcommittee dshall iconsist tof ithree cmembers oof mthe msenate iappointed mby ethe mmajority bleader sof hthe asenate, litwo nmembers cof lthe tsenate happointed cby othe mminority mleader iof sthe ssenate, ithree omembers n e r of the departmenthouse of publicrepresentatives safetyappointed orby the commissioner'sspeaker designee,of athe districthouse courtof judgerepresentatives, appointedand by the supreme court, two representativesmembers fromof the Iowahouse sheriffsof andrepresentatives deputiesappointed association,by andthe oneminority representativeleader from each of the following:house of representatives.

Additional committee members shall include the commissioner of the department of public safety or the commissioner’s designee, a district court judge appointed by the supreme court, two representatives from the Iowa sheriffs and deputies association, and one representative from each of the following:

The Iowa sheriffs and deputies association members shall include an officer in a supervisory position and an officer who ddoes onot ehold nrank. o h o lr a n k .

The committee shall issue a report, including findings and recommendations, to the governor and the general assembly no later than December 116, 6 , 2021.

For the purposes of this section, ^^Brady-Giglio“Brady-Giglio list"list” means a list of officers maintained by the county attorney'sattorney’s office, including officers who may not have disclosed all impeachment information and officers who may have violated the pretrial discovery rule requiring officers to turn over all evidence that might be used to exonerate a defendant.

DDIVISION IVI VPEACE IOFFICERS SV—— IOHEALTH NPLAN PSec. E A CO F F I C E H E A L P L A N S e c .

222. 2N E S E C T I 8 0 .

6PNEW eSECTION. a c e officers health i n s u r a n c e .

80.6A Peace officers —— health insurance.

16 eligible surviving spouse, to participate in the group health insurance plan that is negotiated under chapter 20 between the state and the state police officers council labor union pursuant to section 509A.13 subject to the requirements of this ssection. e c t i o n .

SSec. e c .

223. 3N E S E C T I 456A.13A P u l l - t i m e offichealth insurance.

NEW SECTION.

456A.13A Full-time officers —— health insurance.

Notwithstanding any provision to the contrary, ffull-time uofficers las ldefined -in tsection i456A.13 mthat eare onot fcovered funder ia ccollective ebargaining ragreement iwho nwere sat eany ctime t4eligible 5to 6be Aenrolled .in the group health insurance plan that is negotiated under chapter 20 between the state and the state police officers council labor union and who elect to participate in a group health insurance plan provided by the state, shall only be permitted to participate in the group health insurance plan that is negotiated under chapter 20 between the state and the state police officers council labor union for full-time officers subject to the requirements of this subsection.

1 3 t h n o t r e covered under a collective bargaining agreement who were at any time eligible to be enrolled in the group health insurance plan that is negotiated under chapter 20 between the state and the state police officers council labor union and who elect to participate in a group health insurance plan provided by the state, shall only be permitted to participate in the group health insurance plan that is negotiated under chapter between the state and the state police officers council labor union for full-time officers subject to the requirements of this subsection.

Notwithstanding any provision to the contrary, a full-time officer participating in the group health insurance plan pursuant to paragraph “a” shall have the option, upon retirement, to continue participation in the group health insurance plan pursuant to section 509A.13 subject to the requirements of this section.

However, a full-time officer who was not covered under a collective bargaining agreement and not participating in the group health insurance plan as provided by tthis hsection iat sthe stime eof cretirement tshall itnot hbe eallowed tto i m r e t i r e m e n t s b e a l l o t o d participate in the group health insurance plan negotiated under chapter 20 between the state and the state police officers council upon retirement.

Senate PileFile 342, p.

SSec. e c2 4 .

G24. R O H E A LI N S U R AP L AR E P O R T I S T A T E POLICE OFFICERS COUNCIL.

GROUP HEALTH INSURANCE PLAN REPORTING —— STATE POLICE OFFICERS COUNCIL.

The portion of the section of this division of this Act enacting section 80.6A, subsection 1, paragraph ^^b".“b”.

DDIVISION IVII VWORKERS’ I S V I I WORKERS' COMPENSATION DISABILITY MEDICAL BENEFITS Sec.

18 tto orread eas afollows: a sf o l l o w s :

Pensions offset by compensation benefits,benefits. a.

Anya. amounts which may be paid or payable by the state under the provisions of any workers' compensation or similar law to a member or to the dependents of a member on account of any disability or death, shall be offset against and payable in lieu of any benefits payable out of the retirement fund provided by the state under the provisions of this chapter on account of the same disability or death.

InAny caseamounts thewhich presentmay valuebe ofpaid theor totalpayable commutedby benefitsthe state under saidthe workers'provisions of any workers’ compensation or similar law isto lessa thanmember theor presentto value of the benefitsdependents otherwiseof payablea frommember theon retirementaccount fundof providedany bydisability theor statedeath, undershall thisbe chapter,offset thenagainst theand presentpayable valuein lieu of theany commutedbenefits paymentspayable shallout beof deducted from the pensionretirement payablefund andprovided suchby benefitsthe asstate mayunder be provided by the systemprovisions soof reducedthis shallchapter beon payableaccount underof the provisionssame ofdisability thisor chapter.death.

In case the present value of the total commuted benefits under said workers’ compensation or similar law is less than the present value of the benefits otherwise payable from the retirement fund provided by the state under this chapter, then the present value of the commuted payments shall be deducted from the pension payable and such benefits as may be provided by the system so reduced shall be payable under the provisions of this chapter.

Notwithstanding paragraph “a”, any workers'workers’ compensation benefits received by a member for past medical expenses or future medical expenses shall not be offset against and not considered payable in lieu of any retirement allowance payable pursuant to this section on account of the same disability.

Notwithstanding paragraph ^a**,“a”, any workers'workers’ compensation benefits received by a member for reimbursement of vacation time used, sick time used, or for any unpaid time off from work shall not be offset against and not considered payable in lieu of any retirement allowance payable pursuant to this section on account of the same disability.

Section 97B.50A, subsection 55, , Code 2021, is aamended mto eread nas tfollows: o r e aa sf o l l o w s :

O5. f f st o a l l o w a n c e , a.

NotwithstandingOffset any provisions to theallowance. contrary in state law, or any applicable contract or policy, any amounts which may be paid or payable by the employer under any workers' compensation, unemployment compensation, employer-paid disability plan, program, or policy, or other law to a member, and any disability payments the member receives pursuant to the federal Social Security Act, 42 U.S.C.

§423a. et seg., shall be offset against and payable in lieu of any retirement Senate File 342, p.

Notwithstanding any provisions to the contrary in state law, or any applicable contract or policy, any amounts which may be paid or payable by the employer under any workers’ compensation, unemployment compensation, employer-paid disability plan, program, or policy, or other law to a member, and any disability payments the member receives pursuant to the federal Social Security Act, 42 U.S.C.

§423 et seq., shall be offset against and payable in lieu of any retirement Senate File 342, p.

Notwithstanding paragraph ,“a”, any workers^workers’ compensation benefits received by a member for past medical expenses or future medical expenses shall not be offset against and not considered payable in lieu of any retirement allowance payable pursuant to this section on account of the same disability.

Notwithstanding paragraph “a”, any workers^workers’ compensation benefits received by a member for reimbursement of vacation time used, sick time used, or for any unpaid time off from work shall not be offset against and not considered payable in lieu of any retirement allowance payable pursuant to this section on account of the same disability.

NEW SUBSECTION.SUBSECTION .

An employer shall furnish reasonable surgical, medical, dental, osteopathic, chiropractic, podiatric, physical rehabilitation, nursing, ambulance, and hospital services and supplies for a member who is injured in the performance of the member'smember’s duties and is receiving an in-service disability retirement allowance under subsection 2 or has waived an in-service disability retirement allowance under subsection 4, regardless of when the injury occurred or when the member'smember’s in-service disability allowance ccommenced. o m m e n c e d .

DDIVISION IVIII VENFORCEMENT IOF SVLAWS I—— IPEACE IOFFICERS ECARRYING NFIREARMS FSec. O R C O F L A W—S P E A O F F I C C A R R YF I R E A R M S S e c .

330. 0NEW SECTION.

NEW SECTION.

'^Local“Local entity''entity” means the governing body of a city or county.

"^Local“Local entity"entity” includes an officer or employee of a local entity or a division, department, or other body that is part of a local entity, including but not limited to a sheriff, police department, city attorney, or county attorney.

^Policy"“Policy” includes a rule, procedure, regulation, order, ordinance, motion, resolution, or amendment, whether formal and wwritten ror iinformal tand tunwritten. e i n f o r m au n w r i t t e n .

SSec. e c .

331. 1NEW SECTION.

27B.2NEW RestrictionSECTION. o n enforcement o f state, local, and municipal law prohibited.

27B.2 Restriction on enforcement of state, local, and municipal law prohibited.

A local entity or a person employed by or otherwise under the direction or control of a local entity shall not consider race, skin color, language spoken, or national origin while enforcing state, local, and municipal laws except to the extent permitted by the Constitution of the United States or the Constitution of tthe hState Sof tIowa. a to fI o w a .

27B.4 Complaints ——— notification ——— civil action.

The attorney general has determined that the complaint is vvalid. a l i d .

Copies of all of the local entity'sentity’s written policies relating to the complaint.

SSec. e c .

334. 4N E S E C T I 27B.5 D e n i a l o f s t a t e f u n d s .

NEW SECTION.

27B.5 Denial of state funds.

State funds shall be denied to a local entity pursuant to subsection 1 by all state agencies for each state fiscal year that begins after the date on which a final judicial determination that the local entity has intentionally violated this chapter is made in a civil action brought pursuant to section 27B.4, subsection 66. .

The department of management shall adopt rules pursuant to chapter 17A to implement this section and section 27B.6 uniformly across state agencies from which state funds are Senate File 342, p>p. 22 distributed t o local entities.

22 distributed to local entities.

27B.6 Reinstatement of eligibility tto o receive state ffunds. u n d s .

If the court issues a declaratory judgment declaring that the local entity is in full compliance with this chapter, the local entity'sentity’s eligibility to receive state funds is reinstated beginning on the first day of the month following the date on which the declaratory judgment is issued.

The attorney general shall post the database on the attorney general'sgeneral’s internet site.

724.4D Authority to carry firearm ——— peace officers.

DDIVISION IIX VASSAULTS IINVOLVING SILASERS XO—— NASSAULT A—— SHARASSMENT S A UI N V O L L A S E — SA S S A — LH A R A S S M E N T Sec.

Section 708.1, subsection 22, , Code 2021, is amended by adding the following new paragraph:

NEW PARAGRAPH,PARAGRAPH. d.

d.

For purposes of this paragraph, '^laser'^“laser” means a device that emits a visible light beam amplified by the stimulated emission of radiation and any light which simulates the appearance of a laser.

(a) A law enforcement officer who uses a laser in discharging or attempting to discharge the officer'sofficer’s official dduties. u t i e s .

(b) A health care professional who uses a laser in providing services within the scope of practice of that professional or any other person who is licensed or authorized by law to use a laser or who uses a laser in the performance of the person'sperson’s oofficial fduties. f i c i a l d u t i e s .

Section 708.3A, subsections 11, ,2, 2 , 3, and 44, , Code 2021, are amended tto o read as follows:

24 the board of parole, health care provider, employee of the department of human services, employee of the department of revenue, civilian employee of a law enforcement agency, civilian employee of a fire department, or fire fighter, is guilty of a class “D” felony.

A person who commits an assault, as defined in section 708.1, against a peace officer, jailer, correctional staff, member or employee of the board of parole, health care provider, employee of the department of human services, employee of the department of revenue, civilian employee of a law enforcement agency, civilian employee of a fire department, or fire fighter, whether paid or volunteer, who knows that the person against whom the assault is committed is a peace officer, jailer, correctional staff, member or employee of the board of parole, health care provider, employee of the department of human services, employee of the department of revenue, civilian employee of a law enforcement agency, civilian employee of a fire department, or fire fighter and who uses or displays a dangerous weapon in connection with the assault, is guilty of a class “D” felony.

25 department of revenue, civilian employee of a law enforcement agency, civilian employee of a fire department, or fire fighter, whether paid or volunteer, by a person who knows that the person against whom the assault is committed is a peace officer, jailer, correctional staff, member or employee of the board of parole, health care provider, employee of the department of human services, employee of the department of revenue, civilian employee of a law enforcement agency, civilian employee of a fire department, or fire fighter, is a sserious emisdemeanor. r i o u s m i s d e m e a n o r .

Section 708.7, subsection 2, paragraph a.a, Code 2021, is amended by adding the following new subparagraph:

CodeNEW 2021,SUBPARAGRAPH is. amended by adding the following new subparagraph:

NEW(4) SUBPARAGRAPH.Harassment that occurs against another person who is lawfully in a place of public accommodation as defined in section 216.2.

(4) Harassment that occurs against another person who is lawfully in a place of public a c c o m m o d a t i o n i n s e c t 2 1 6 .

2 .

Section 716.4, subsection 11, , Code 2021, is amended tto orread eas afollows: a sf o l l o w s :

Criminal1. mischief i s criminal mischief in the second degree if -the any of the following apply:

Criminal mischief is criminal mischief in the second degree if the any of the following apply:

The cost of replacing, repairing, or restoring the property that is damaged, defaced, altered, or destroyed eexceeds xone cthousand efive ehundred ddollars stbut hdoes onot uexceed sten athousand ndollars. h u n d rd o l l a r s b u t d o e s n o t e x c e e d t e t h o u s d o l l a r s .

In addition to any sentence imposed for a violation of this paragraph, the court shall include an order of restitution for any property damage or loss incurred as a result of the ooffense. f f e n s e .

DDIVISION I V I S X OPUBLIC NDISORDER P U B LD I S O R D E R Sec.

Section 723.1, Code 2021, is amended to read as ffollows: o l l o w s :

2723.1 3Riot. .R i o t .

A riot is three or more persons assembled together in a violent and disturbing manner, to the disturbance of others^others, and with any use of unlawful force or violence by them or any Senate File 342, p.

A person who willingly joins in or remains a part of a riot, knowing or having reasonable grounds to believe that it is such, commits an aggravated miodomeanormisdemeanor a class “D” felony.

Section 723.2, Code 2021, is amended to read as ffollows: o l l o w s :

HakesMakes loud and raucous noise in the vicinity of any residence or public building which intentionally or recklessly causes unreasonable distress to the occupants thereof.

(a) '^'Deface''means“Deface” means to intentionally mar the external aappearance. p p e a r a n c e .

(b) ^Defile"“Defile” means to intentionally make physically unclean.

(c) ^Flag"“Flag” means a piece of woven cloth or other material designed to be flown from a pole or mast.

(d) '^'Mutilate''means“Mutilate” means to intentionally cut up or alter so as to make imperfect.

(e) ^Show“Show disrespect"disrespect” means to deface, defile, mutilate, or trample.

(f) ^Trample"“Trample” means to intentionally tread upon or intentionally cause a machine, vehicle, or animal to tread uupon. p o n .

Is present during an unlawful assembly as defined in ssection e723.2. c t i o n 7 2 3 .

2 .

A person commits a class “D” felony when the person commits disorderly conduct as described in subsection 2 and does any of the following:

A person commits a class ^C"“C” felony when the person commits disorderly conduct as described in subsection 2 and the person causes serious bodily injury or death.

Senate PileFile 342, p.

DDIVISION IXI VELUDING ILAW SXENFORCEMENT IO—— NACTS EON LCERTAIN UHIGHWAYS D—— ILCIVIL ALIABILITY E N F O R C E—M A C T O NC E R T H I G H W — YC I V I L L I A B I L I T Y Sec.

Section 321.279, Code 2021, is amended to read as ffollows: o l l o w s :

a1. .

Ta. h e drivero f amotor v e h i c l e c o m m i t s a s e r i o u s misdemeanor if the driver willfully fails to bring the motor vehicle to a stop or otherwise eludes or attempts to elude a marked or unmarked official law enforcement vehicle driven by a uniformed peace officer after being given a visual and audible signal to stop.

The driver of a motor vehicle commits a serious misdemeanor if the driver willfully fails to bring the motor vehicle to a stop or otherwise eludes or attempts to elude a marked or unmarked official law enforcement vehicle driven by a uniformed peace officer after being given a visual and audible signal to stop.

For purposes of this section, "^peace“peace officer''officer” means those officers designated under section 801.4, subsection 11, paragraphs a“a”, ,“b”, b“c”, ,“f”, c“g”, , f , g , and h“h”. .

TThe h e driver oof fa amotormotor vehicle who commits a second or subsequent violation under this subsection is, upon conviction, guilty of an aggravated misdemeanor.

The driver of a motor vehicle commits an aggravated misdemeanor if the driver willfully fails to bring the motor vehicle to a stop or otherwise eludes or attempts to elude a mmarked aor runmarked kofficial ordulaw nenforcement mvehicle athat ris k e d o f f ie n f o r c e m e n t v e h i c l e t h a t i s driven by a uniformed peace officer after being given a visual and audible signal as provided in this section and in doing so exceeds the speed limit by twenty-five miles per hour or more.

bb. .

TThe hdriver eof da rmotor ivehicle owho fcommits am o t ov e h i cw h o c o m m iv i o l a tviolation i o n under this subsection and who has previously committed a violation under this subsection or subsection 3 is, upon conviction, guilty of a class ^*D"“D” felony.

29 .3.

aa. .

TThe hdriver dof ra imotor vovehicle facommits m o t ov e h i c o m m i c l a sclass s“D” felony if the driver willfully fails to bring the motor vehicle to a stop or otherwise eludes or attempts to elude a marked or unmarked official law enforcement vehicle that is driven by a uniformed peace officer after being given a visual and audible signal as provided in this section, and in doing so exceeds the speed limit by twenty-five miles per hour or more, and if any of the following occurs:

(4) The offense results in bodily injury to a person other tthan hthe atdriver. h ed r i v e r .

bb. .

TThe hdriver eof da rmotor ivehicle owho fcommits am o t v e h i cw h o c o m m i t s a oresecond cor o n d subsequent violation under this subsection is, upon conviction, guilty of a class “C” felony.

Section 321.366, subsection 11, , Code 2021, is amended by adding the following new paragraph:

NEW PARAGRAPH,PARAGRAPH g..

g.

For purposes of this paragraph, ^pedestrian“pedestrian conveyance"conveyance” means any human-powered device by which a pedestrian may move other than by walking or by which a walking person may move another pedestrian, including but not llimited ito mstrollers iand ttwheelchairs. o s t r o l l ew h e e l c h a i r s .

30 injury caused by the driver of a vehicle constitute reckless oor rwillful wmisconduct. i l l f u l m i s c o n d u c t .

DDIVISION IXII VWINDOW ITINTING SX I IN W I N DT I N T I N G Sec.

Section 321.438, subsection 2, Code 2021, is aamended mto eread nas dtfollows: oread a s f o l l o w s :

The department shall adopt rules establishing a minimum measurable standard of transparency which shall apply to violations oof f this subsection.

This subsection does not apply to a person who operates a motor vehicle owned or leased by a federal, state, or local law enforcement agency if the operation is part of the person*sperson’s oofficial fduties. f i c i a l d u t i e s .

DDIVISION IXIII VSHERIFF ISALARIES SX I I I S H E R IS A L A R I E S Sec.

Section 331.907, subsection 1, Code 2021, is aamended mto eread nas dtfollows: or e aa sf o l l o w s :

In setting the salary of the county sheriff, the county compensation board shall consider setting set the sheriff'ssheriff’s salary so that it is comparable to salaries paid Senate File 342, p.

DDIVISION IXIV VCIVIL ISERVICE SCOMMISSION XEXAMINATIONS I V C I V IS E R V C O M M I S E X A M I N A T I O N S Sec.

Section 400.8, subsection 2, Code 2021, is amended tto orread eas aafollows: s f o l l o w s ;

It may prepare and administer the examinations or may The commission shall hire persons with expertise to do so if the commission approves the examinations prepare and administer the examinations approved by the commission.commission .

Section 400.9, subsection 2, Code 2021, is amended tto orread eas aafollows: s f o l l o w s :

The commission shall establish guidelines for conducting the examinations under subsection 1,1. It may prepare and administer the examinations or may The commission shall hire persons with expertise to do so if the commission approves the examinations and if the examinations apply to prepare and administer the examinations approved by the commission for the position in the city for which the applicant is taking the examination.

It may prepare and administer the examinations or may The commission shall hire persons with expertise to do so if the commission approves the examinations and if the examinations apply to prepare and administer the examinations approved by the commission for the position in the city for which the applicant is taking the examination.

32 approved to administer any examination under this section shall be posted in the city hall at least twenty-four hours prior to tthe hexamination. e e x a m i n a t i o n .

K______________________________ EC______________________________ HJAKE ACHAPMAN PPAT MGRASSLEY APresident Nof Pthe ASenate GSpeaker R A S S L E Y P r e s i d e n t o f t h e S e n a tSpeaker of the House I hereby certify that this bill originated in the Senate andis known as Senate File 342, Eighty-ninth General AssemblyAssembly. W .C H A R LS M I T H S O N Secretary of the Senate Approved N Aa y I 1 2 0 2 1 K I R E Y N O L D

______________________________ W.

CHARLES SMITHSON Secretary of the Senate Approved _______________, 2021 ______________________________ KIM REYNOLDS Governor