Senate
Study
Bill
1062
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
STATE
GOVERNMENT
BILL
BY
CHAIRPERSON
DANIELSON)
A
BILL
FOR
An
Act
providing
time
off
from
work
to
attend
presidential
1
precinct
caucuses
and
making
penalties
applicable.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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_____
Section
1.
Section
39A.5,
subsection
1,
paragraph
b,
Code
1
2015,
is
amended
by
adding
the
following
new
subparagraph:
2
NEW
SUBPARAGRAPH
.
(3)
As
an
employer,
denying
an
employee
3
the
privilege
conferred
by
section
43.4A
to
attend
a
precinct
4
caucus,
or
subjecting
an
employee
to
a
penalty
because
of
the
5
exercise
of
that
privilege.
6
Sec.
2.
NEW
SECTION
.
43.91A
Employees
entitled
to
time
to
7
participate
in
presidential
precinct
caucuses.
8
1.
Any
person
entitled
to
participate
in
a
precinct
caucus
9
held
as
part
of
the
presidential
nominating
process
in
this
10
state
who
is
required
to
be
present
at
work
for
an
employer
11
during
the
four-hour
period
starting
one
hour
prior
to
the
12
time
the
precinct
caucus
starts
is
entitled
to
take
unpaid
13
leave
for
as
much
of
that
four-hour
period
as
is
necessary
to
14
participate
in
the
precinct
caucus
except
as
provided
by
this
15
section.
Application
by
any
employee
for
such
absence
shall
be
16
made
to
the
employee’s
employer
individually
and
in
writing
at
17
least
seventy-two
hours
prior
to
the
time
the
precinct
caucus
18
is
scheduled
to
start.
The
employee
shall
not
be
liable
for
19
any
loss
of
wages
or
salary
or
any
other
penalty
except
for
the
20
loss
of
wages
or
salary
for
the
hours
of
unpaid
leave
actually
21
used.
22
2.
a.
An
application
by
an
employee
for
an
absence
may
be
23
denied
by
an
employer
if
all
the
following
circumstances
exist:
24
(1)
The
person
is
employed
in
an
emergency
services
position
25
which
shall
include
peace
officer,
fire
fighter,
emergency
26
medical
personnel,
and
any
other
position
that
affects
the
27
protection
of
public
health
or
safety,
or
is
employed
by
an
28
entity
that
would
experience
severe
economic
or
operational
29
disruption
due
to
the
person’s
absence.
30
(2)
The
employer
filed
a
written
notice
with
the
31
commissioner
at
least
seven
days
prior
to
the
date
of
the
32
precinct
caucus
specifying
exigent
circumstances
justifying
the
33
denial
of
such
leave
for
personnel
described
in
subparagraph
34
(1)
and
declaring
the
minimum
number
of
such
personnel,
35
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by
position,
needed
to
protect
public
health
and
safety
or
1
maintain
minimum
operational
capacity,
as
applicable.
A
copy
2
of
this
written
notice
shall
be
provided
to
employees
of
the
3
employer.
4
(3)
The
number
of
persons
employed
in
a
position
that
did
5
not
apply
for
an
absence
is
less
than
the
minimum
number
of
6
persons
in
that
position
needed
by
the
employer
to
protect
7
public
health
and
safety
or
maintain
minimum
operational
8
capacity,
as
applicable.
9
b.
If
the
circumstances
in
paragraph
“a”
exist
as
to
a
10
particular
position
of
the
employer,
then
the
employer
may
deny
11
the
minimum
number
of
employees
in
that
position
applying
for
12
an
absence
that
is
needed
to
yield
the
minimum
staffing
level
13
for
that
position
as
specified
in
the
written
notice
to
the
14
commissioner.
The
selection
of
which
employees
applying
for
15
an
absence
shall
be
denied
an
absence
shall
be
made
without
16
regard
to
political
party
affiliation,
political
belief,
or
17
affiliation
with
or
support
for
any
candidate,
or
for
any
of
18
the
grounds
for
which
employment
discrimination
is
prohibited
19
in
this
state.
20
3.
This
section
shall
not
be
construed
to
prohibit
an
21
employer
from
doing
any
of
the
following:
22
a.
Authorizing
paid
leave
to
all
affected
employees.
23
b.
Allowing
all
affected
employees
the
option
to
work
24
additional
compensatory
hours,
at
a
time
designated
by
the
25
employer
not
in
conflict
with
the
time
needed
for
caucus
26
participation,
equal
in
number
to
the
number
of
hours
taken
to
27
participate
in
the
presidential
precinct
caucus
as
provided
in
28
subsection
1.
The
option
of
working
compensatory
hours
may
be
29
exercised
individually
by
each
employee.
Work
performed
during
30
the
compensatory
hours
shall
be
compensated
in
the
same
manner
31
as
work
performed
during
regular
hours.
32
EXPLANATION
33
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
34
the
explanation’s
substance
by
the
members
of
the
general
assembly.
35
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This
bill
provides
that
a
person
shall
be
entitled
to
unpaid
1
time
off
from
work
to
attend
a
presidential
precinct
caucus
for
2
up
to
four
hours
beginning
one
hour
prior
to
the
start
of
the
3
precinct
caucus.
The
bill
provides
that
the
employee
shall
4
make
a
written
application
with
their
employer
for
such
absence
5
and
the
employee
is
not
liable
for
any
penalty
nor
shall
any
6
deduction
be
made
from
the
person’s
regular
salary
or
wages
7
except
for
the
period
of
time
of
the
absence.
8
The
bill
provides
that
the
requirement
to
allow
time
off
9
does
not
apply
if
the
person
is
employed
in
a
position
that
10
affects
the
protection
of
public
health
or
safety
or
by
an
11
entity
that
would
experience
severe
economic
disruption
due
12
to
the
person’s
absence.
Such
employer
must
file
a
written
13
notice
with
the
county
commissioner
of
elections
specifying
the
14
exigent
circumstances
justifying
the
denial
of
such
leave
and
15
the
minimum
number
of
persons
needed,
by
position,
to
protect
16
public
health
and
safety
or
maintain
minimum
operational
17
capacity,
and
that
the
number
of
persons
not
applying
for
leave
18
is
less
than
the
minimum
number
specified
by
the
employer.
19
The
denial
of
leave
for
those
number
of
persons
needed
to
20
reach
the
minimum
staffing
number
specified
must
be
done
in
a
21
nondiscriminatory
manner.
22
The
bill
also
permits
an
employer,
in
lieu
of
providing
23
unpaid
leave,
to
provide
paid
leave
for
the
absence
or
to
allow
24
affected
employees
the
option
to
work
the
hours
of
the
absence
25
at
such
other
time
so
long
as
either
option
is
made
available
26
to
all
affected
employees.
27
The
bill
provides
that
an
employer
who
denies
an
employee
28
the
privilege
conferred
by
this
bill
to
attend
a
presidential
29
precinct
caucus
commits
election
misconduct
in
the
fourth
30
degree,
a
simple
misdemeanor.
A
simple
misdemeanor
is
31
punishable
by
confinement
for
no
more
than
30
days
or
a
fine
of
32
at
least
$65
but
not
more
than
$625
or
by
both.
33
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