Bill Text: IA HSB708 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to regents institutions and the enforcement of state, local, and municipal laws, and personal injury or illness of a peace officer employed by a regents institution.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2024-02-13 - Subcommittee: Kaufmann, Bossman and Nielsen. H.J. 257. [HSB708 Detail]
Download: Iowa-2023-HSB708-Introduced.html
House
Study
Bill
708
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
STATE
GOVERNMENT
BILL
BY
CHAIRPERSON
BLOOMINGDALE)
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
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DIVISION
I
1
ENFORCEMENT
OF
STATE,
LOCAL,
AND
MUNICIPAL
LAWS
2
Section
1.
Section
27B.1,
Code
2024,
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
2024,
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
2024,
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
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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
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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
entity’s
or
regents
3
institution’s
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
shall
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
2024,
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
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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
explanation’s
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
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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
entity’s
27
or
regents
institution’s
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
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days,
the
local
entity
shall
provide
the
attorney
general
with
1
the
following:
copies
of
all
of
the
local
entity’s
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
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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.
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