Senate File 438 - Introduced SENATE FILE 438 BY COURNOYER A BILL FOR An Act relating to regents institutions and the enforcement 1 of state, local, and municipal laws, and personal injury 2 or illness of a peace officer employed by a regents 3 institution. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1987XS (4) 90 as/rh
S.F. 438 DIVISION I 1 ENFORCEMENT OF STATE, LOCAL, AND MUNICIPAL LAWS 2 Section 1. Section 27B.1, Code 2023, is amended by adding 3 the following new subsection: 4 NEW SUBSECTION . 3. Regents institution means the state 5 university of Iowa, Iowa state university of science and 6 technology, or the university of northern Iowa. Regents 7 institution includes an appointed official, officer, or 8 employee of a division, department, or other body that is 9 part of a regents institution, including but not limited to 10 the department of public safety, human resources, or general 11 counsel. 12 Sec. 2. Section 27B.2, Code 2023, is amended to read as 13 follows: 14 27B.2 Restriction on enforcement of state, local, and 15 municipal law prohibited. 16 A local entity , regents institution, or law enforcement 17 department shall not adopt or enforce a policy or take any 18 other action under which the local entity , regents institution, 19 or law enforcement department prohibits or discourages the 20 enforcement of state, local, or municipal laws. 21 Sec. 3. Section 27B.4, Code 2023, is amended to read as 22 follows: 23 27B.4 Complaints notification civil action. 24 1. Any person may file a complaint with the attorney 25 general alleging that a local entity or regents institution 26 has violated or is violating this chapter if the person offers 27 evidence to support such an allegation. The person shall 28 include with the complaint any evidence the person has in 29 support of the complaint. 30 2. The attorney general shall review the complaint and 31 any evidence in support of the complaint. A local entity 32 or regents institution for which the attorney general has 33 received a complaint pursuant to this section shall comply 34 with any reasonable document requests, including a request 35 -1- LSB 1987XS (4) 90 as/rh 1/ 7
S.F. 438 for supporting documents, from the attorney general relating 1 to the complaint. The attorney general shall maintain the 2 confidentiality of all information and records of a local 3 entity or regents institution produced in response to a 4 document request relating to the complaint unless otherwise 5 provided by law or a court order. 6 3. A complaint filed pursuant to subsection 1 shall not be 7 valid unless the attorney general determines that a violation 8 of this chapter by a local entity or regents institution was 9 intentional or in reckless disregard for public safety . 10 4. If the attorney general determines that a complaint filed 11 pursuant to this section against a local entity or regents 12 institution is valid, the attorney general, not later than ten 13 days after the date of such a determination, shall provide 14 written notification to the local entity or regents institution 15 by certified mail, with return receipt requested, stating all 16 of the following: 17 a. A complaint pursuant to this section has been filed and 18 the grounds for the complaint. 19 b. The attorney general has determined that the complaint is 20 valid. 21 c. The attorney general is authorized to file a civil 22 action in district court pursuant to subsection 6 to enjoin a 23 violation of this chapter no later than forty days after the 24 date on which the notification is received if the local entity 25 or regents institution does not come into compliance with the 26 requirements of this chapter . 27 d. The local entity or regents institution and any entity 28 that is under the jurisdiction of the local entity or regents 29 institution will be denied state funds pursuant to section 30 27B.5 for the state fiscal year following the year in which a 31 final judicial determination in a civil action brought under 32 this section is made. 33 5. No later than thirty days after the date on which a local 34 entity or regents institution receives written notification 35 -2- LSB 1987XS (4) 90 as/rh 2/ 7
S.F. 438 under subsection 4 , the local entity or regents institution 1 shall provide the attorney general with all of the following: 2 a. Copies of all of the local entitys or regents 3 institutions written policies relating to the complaint. 4 b. A description of all actions the local entity or regents 5 institution has taken or will take to correct any violations of 6 this chapter . 7 c. If applicable, any evidence that would refute the 8 allegations made in the complaint. 9 6. No later than forty days after the date on which the 10 notification pursuant to subsection 4 is received, the attorney 11 general shall file a civil action in district court to enjoin 12 any ongoing violation of this chapter by a local entity or 13 regents institution . 14 7. The district court hall have jurisdiction over an action 15 brought pursuant to this section. The attorney general shall 16 have the burden of proof by a preponderance of the evidence to 17 establish a violation of this chapter. 18 Sec. 4. Section 27B.6, subsections 1, 2, and 5, Code 2023, 19 are amended to read as follows: 20 1. Except as provided by subsection 5 , no earlier than 21 ninety days after the date of a final judicial determination 22 that a local entity or regents institution has intentionally 23 violated the provisions of this chapter , the local entity or 24 regents institution may petition the district court that heard 25 the civil action brought pursuant to section 27B.4, subsection 26 6 , to seek a declaratory judgment that the local entity or 27 regents institution is in full compliance with this chapter . 28 2. A local entity or regents institution that petitions 29 the court as described by subsection 1 shall comply with 30 any document requests, including a request for supporting 31 documents, from the attorney general relating to the action. 32 5. A local entity or regents institution may petition the 33 court as described in subsection 1 before the date provided in 34 subsection 1 if the person who was the director or other chief 35 -3- LSB 1987XS (4) 90 as/rh 3/ 7
S.F. 438 officer of the local entity or regents institution at the time 1 of the violation of this chapter is subsequently removed from 2 or otherwise leaves office or employment . 3 Sec. 5. NEW SECTION . 27B.8 Good-faith complaint no 4 retaliation. 5 A local entity or regents institution shall not blacklist 6 or retaliate against an employee or official who makes 7 a good-faith complaint under this chapter or who gives a 8 statement or testimony in proceedings related to the complaint 9 or action. A local entity or regents institution that 10 retaliates against an employee who makes a good-faith complaint 11 under this chapter is liable to an aggrieved employee for 12 affirmative relief including reinstatement, civil damages, 13 and any other equitable relief the court deems appropriate, 14 including attorney fees and costs. 15 DIVISION II 16 PERSONAL INJURY OR ILLNESS PEACE OFFICERS AT REGENTS 17 INSTITUTIONS 18 Sec. 6. NEW SECTION . 262.13A Peace officers personal 19 injury or illness. 20 A regents institution employing a peace officer who sustains 21 a personal injury or illness that arises out of and in the 22 course of employment shall not remove, discharge, involuntarily 23 transfer, or take adverse employment action against the peace 24 officer due to temporary or permanent restrictions that limit 25 or prohibit the peace officer from working special events, 26 overtime, or a specific shift provided the peace officer is 27 able to work any regular shift with or without reasonable 28 accommodations. 29 EXPLANATION 30 The inclusion of this explanation does not constitute agreement with 31 the explanations substance by the members of the general assembly. 32 This bill relates to regents institutions and the 33 enforcement of state, local, and municipal laws, and personal 34 injury or illness of a peace officer employed by a regents 35 -4- LSB 1987XS (4) 90 as/rh 4/ 7
S.F. 438 institution. The bill is organized by divisions. 1 DIVISION I ENFORCEMENT OF STATE, LOCAL, AND MUNICIPAL 2 LAWS (CODE CHAPTER 27B). The bill defines regents 3 institution for purposes of the bill as the state university 4 of Iowa, Iowa state university of science and technology, or 5 the university of northern Iowa, and includes an appointed 6 official, officer, or employee of a division, department, or 7 other body that is part of a regents institution, including 8 but not limited to the department of public safety, human 9 resources, or general counsel. 10 The bill amends current law relating to restrictions on the 11 enforcement of state, local, and municipal laws by a local 12 entity or law enforcement department to include a regents 13 institution. The bill provides that a regents institution 14 shall not adopt or enforce a policy or take any other action 15 under which the regents institution prohibits or discourages 16 the enforcement of state, local, or municipal laws. 17 The bill amends current law to provide that any person may 18 file a complaint with the attorney general alleging that a 19 regents institution has violated the provisions of Code chapter 20 27B relating to the enforcement of state, local, or municipal 21 laws. The attorney general shall review the complaint and any 22 evidence in support of the allegation. 23 The bill provides that a local entity or regents institution 24 for which the attorney general has received a complaint shall 25 comply with any reasonable document requests. The attorney 26 general will maintain the confidentiality of a local entitys 27 or regents institutions records produced in response to a 28 document request. A complaint shall not be valid unless the 29 attorney general determines that a violation by a local entity 30 or regents institution was intentional or in reckless disregard 31 for public safety. 32 Current law provides that if the attorney general determines 33 that a complaint against a local entity is valid, written 34 notification shall be provided to the local entity. Within 30 35 -5- LSB 1987XS (4) 90 as/rh 5/ 7
S.F. 438 days the local entity shall provide the attorney general with 1 the following: copies of all of the local entitys written 2 policies relating to the complaint, a description of all 3 actions the local entity has taken or will take to correct any 4 violations, and any evidence that would refute the allegations 5 made in the complaint. The attorney general shall file a civil 6 action in district court to enjoin any ongoing violation of 7 Code chapter 27B by a local entity. No earlier than 90 days 8 after a final judicial determination that a local entity has 9 intentionally prohibited or discouraged the enforcement of 10 state, local, or municipal laws, the local entity may petition 11 the district court to seek a declaratory judgment that the 12 local entity is in compliance with Code chapter 27B. A local 13 entity will be denied state funds for the state fiscal year 14 in which a judicial determination in a civil action is made. 15 The bill makes all of these provisions applicable to regents 16 institutions. 17 The bill provides that the district court shall have 18 jurisdiction in all actions brought under Code chapter 27B, and 19 the attorney general has the burden of proof by a preponderance 20 of the evidence to prove violations of the Code chapter. 21 The bill provides that a local entity or regents institution 22 shall not blacklist or retaliate against an employee or 23 official who makes a good-faith complaint or who gives a 24 statement or testimony in proceedings related to the complaint 25 or action. A local entity or regents institution that 26 retaliates against an employee who makes a good-faith complaint 27 is liable to an aggrieved employee for affirmative relief 28 including reinstatement, civil damages, and any other equitable 29 relief the court deems appropriate, including attorney fees and 30 costs. 31 DIVISION II PERSONAL INJURY OR ILLNESS PEACE OFFICERS 32 AT REGENTS INSTITUTIONS. The bill provides that a regents 33 institution employing a peace officer who sustains a personal 34 injury or illness that arises out of and in the course of 35 -6- LSB 1987XS (4) 90 as/rh 6/ 7
S.F. 438 employment shall not remove, discharge, involuntarily transfer, 1 or take adverse employment action against the peace officer due 2 to temporary or permanent restrictions that limit or prohibit 3 the peace officer from working special events, overtime, or a 4 specific shift provided the peace officer is able to work any 5 regular shift with or without reasonable accommodations. 6 -7- LSB 1987XS (4) 90 as/rh 7/ 7