Bill Text: IA SF64 | 2023-2024 | 90th General Assembly | Introduced


Bill Title: A bill for an act relating to certain employees of the department of corrections, including collective bargaining, health insurance for a surviving spouse and children of certain employees of the department, and certain operational and employment matters involving the department, and including applicability provisions.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2023-01-18 - Subcommittee: Schultz, Boulton, and Zaun. S.J. 151. [SF64 Detail]

Download: Iowa-2023-SF64-Introduced.html
Senate File 64 - Introduced SENATE FILE 64 BY McCLINTOCK A BILL FOR An Act relating to certain employees of the department of 1 corrections, including collective bargaining, health 2 insurance for a surviving spouse and children of certain 3 employees of the department, and certain operational and 4 employment matters involving the department, and including 5 applicability provisions. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 TLSB 1659XS (3) 90 je/rn
S.F. 64 Section 1. Section 20.3, subsection 11, Code 2023, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . g. A nonsupervisory employee of the Iowa 3 department of corrections with ongoing direct contact with 4 inmates. 5 Sec. 2. Section 509A.13D, subsection 3, Code 2023, is 6 amended to read as follows: 7 3. The governing body of the state shall not be required 8 to pay for the full cost of the health insurance under this 9 section ; however, the governing body of the state may pay the 10 full cost or a portion of the cost of the health insurance . If 11 the full cost or a portion of the cost of the coverage is not 12 paid by the governing body of the state, the surviving spouse 13 and each surviving child who is eligible for health insurance 14 under this section may elect to continue coverage by paying 15 that portion of the cost of the health insurance not paid by 16 the governing body of the state. 17 Sec. 3. Section 904.108, subsection 1, Code 2023, is amended 18 by adding the following new paragraphs: 19 NEW PARAGRAPH . p. Establish a training program for 20 employees of the department with ongoing direct contact with 21 inmates in self-defense and other de-escalation techniques when 22 confronted with potentially violent interactions involving 23 inmates. The training program shall include an in-person 24 component. 25 NEW PARAGRAPH . q. Establish uniform safety practices to 26 be implemented at all correctional institutions under the 27 control of the department that provide guidelines designed to 28 protect the safety of employees and inmates at correctional 29 institutions. 30 NEW PARAGRAPH . r. Adopt rules to allow an employee of 31 the department who has witnessed a trauma event to take 32 between five and thirty days of paid leave depending upon the 33 severity of the trauma event. If the appointing authority of a 34 correctional institution determines that an employee has been 35 -1- LSB 1659XS (3) 90 je/rn 1/ 3
S.F. 64 held hostage, the employee shall be eligible for a paid leave 1 of absence of up to ninety days, as determined by a licensed 2 physician, to allow for recovery from mental and physical 3 stress and any related conditions. Such paid leave shall not 4 be charged against the employee’s sick leave account. 5 NEW PARAGRAPH . s. Establish protocols for allowing 6 employees of the department with ongoing direct contact with 7 inmates access to information identified in section 904.602, 8 subsection 2, for purposes of the administration of the 9 department’s programs of services or assistance to inmates. 10 Sec. 4. NEW SECTION . 904.322 Contract employees —— pay or 11 benefits. 12 The department shall not enter into an employment contract 13 with a person to perform a function of the department and 14 provide the contract employee with pay or benefits in excess of 15 pay and benefits provided an employee of the state performing 16 similar work. 17 Sec. 5. APPLICABILITY. The section of this Act amending 18 section 20.3 applies to collective bargaining procedures 19 pursuant to chapter 20 initiated on or after the effective date 20 of this Act. 21 EXPLANATION 22 The inclusion of this explanation does not constitute agreement with 23 the explanation’s substance by the members of the general assembly. 24 This bill relates to the department of corrections. 25 Code section 20.3 is amended to designate nonsupervisory 26 employees of the Iowa department of corrections with ongoing 27 direct contact with inmates as public safety employees for the 28 purposes of collective bargaining pursuant to Code chapter 29 20, the public employment relations Act. Code chapters 20 30 and 400 include collective bargaining procedures specifically 31 applicable to public safety employees that are not applicable 32 to other public employees, including procedures relating to 33 the scope of collective bargaining negotiations, arbitration 34 procedures, and certain matters relating to city civil service 35 -2- LSB 1659XS (3) 90 je/rn 2/ 3
S.F. 64 employment. This provision applies to collective bargaining 1 procedures pursuant to Code chapter 20 initiated on or after 2 the effective date of the bill. 3 Code section 509A.13D, providing for continuation of health 4 insurance coverage for a surviving spouse and children of 5 certain department of corrections employees, is amended to 6 provide that the state shall be required to pay the full 7 cost of the health insurance. Current law provides that the 8 state shall not be required to pay for the cost of the health 9 insurance. 10 Code section 904.108, concerning duties of the director of 11 the department of corrections, is amended. The bill requires 12 the director to establish a training program for employees of 13 the department with ongoing direct contact with inmates in 14 self-defense and other de-escalation techniques when confronted 15 with potentially violent interactions involving inmates, 16 establish uniform safety practices to be implemented at all 17 correctional institutions, adopt rules to allow an employee of 18 the department who has witnessed a trauma event to take between 19 five and 30 days of paid leave depending upon the severity of 20 the trauma event and to allow an employee who has been held 21 hostage up to 90 days of paid leave, and to establish protocols 22 for allowing employees of the department with contact with 23 inmates access to certain confidential information identified 24 in Code section 904.602, subsection 2. 25 The bill also requires that the department of corrections 26 shall not enter into an employment contract with a person to 27 perform a function of the department that provides the contract 28 employee with pay or benefits in excess of pay and benefits 29 provided an employee of the state performing similar work. 30 -3- LSB 1659XS (3) 90 je/rn 3/ 3
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