Legislation - The Iowa State Police Association

Legislation

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2017 Weekly Legislative Reports                 

 Week 13 Legislative Report

               

 

Iowa State Police Association Resolutions

 Resolution #1

Submitted by the Iowa State Police Association Board of Directors

WHEREAS: Many police officers will receive no Social Security; and those who do, will receive one that is severely reduced; and

WHEREAS: Most persons receive Social Security pensions tax-exempt; and

WHEREAS: Until recently, police pensions were tax exempt in Iowa; and

WHEREAS: Many states honor their dedicated public employees by making their pensions tax-exempt; and

WHEREAS: Some bordering states do not tax retirement income which attracts Iowa retirees to cross the border and live in those states; and

WHEREAS: The taxation of their pensions has added an additional burden on our retired members;

NOW, THEREFORE, BE IT RESOLVED that the Iowa State Police Association petition the Iowa General Assembly to eliminate the income tax on retiree pensions.

Past President Stew Barnes made a motion to approve.  Past President Joel Kessler seconded the motion.  Motion carried by unanimous voice vote.  Attested to by Rick L. Host Secretary/Treasurer.

 

 Resolution #2

Submitted by Iowa State Police Association Local 83, ISU Police

 

WHEREAS:  Any Iowa city, county or state sub-division can currently and without warning disarm all of their law enforcement officers without recourse for those officers; and

WHEREAS:  Law Enforcement has known and unknown inherent dangers including unforeseen felonious assaults and high risk calls for service;

NOW, THEREFORE, BE IT RESOLVED that the Iowa State Police Association petition the Iowa General Assembly to offer protection to all Iowa Law Enforcement officers by mandating all certified Iowa Law Enforcement Officers shall carry firearms during the performance of their duties, with allowances for discipline and administrative issues.

Past President Stew Barnes made a motion to approve.  Past President Joel Kessler seconded the motion.  Motion carried by unanimous voice vote.  Attested to by Rick L. Host Secretary/Treasurer.


 Resolution #3

Submitted by Ted Stroope Local 10, Des Moines 

WHEREAS:  Law Enforcement Officials, Prosecutors, Judges and other public officials in the Criminal Justice System are the most likely to have contact with individuals that are adherents to the “Sovereign Citizen” ideology, and

WHEREAS:  Said adherents to the “Sovereign Citizen” ideology are known to take advantage of the lien filing process to file false liens upon those in the Criminal Justice System whom they deem to have crossed them, and

WHEREAS:  The victims of false liens are subject to extensive damage both monetarily and emotionally in order to expunge these false liens from this record which may consist of years of legal battles and unrecoverable fees, and

WHEREAS:  Remedies that include criminal penalties for filing such false liens are ineffective as “Sovereign Citizen” adherents have proven their disregard for criminal statutes and penalties, and

WHEREAS:  Sixteen states have passed laws to combat the filings of false liens including Midwestern neighbors Illinois and Nebraska, and

WHEREAS:  Nebraska has passed LB210 which allows the false lien to be challenged and the lien filer forced to prove the debtor owes the amount stated in the filed lien, and

WHEREAS:  The Nebraska law has preserved the expediency of lien filings for financial institutions and agricultural interests;

NOW, THERFORE, BE IT RESOLVED that the Iowa State Police Association petition the Iowa General Assembly to reform the Iowa Uniform Commercial Code in a manner consistent with the State of Nebraska in order to protect not only those in the Criminal Justice System but all citizens from the ruinous and wasteful practice of filing false liens.

Past President Stew Barnes made a motion to approve.  Past President Joel Kessler seconded the motion.  Motion carried by unanimous voice vote.  Attested to by Rick L. Host Secretary/Treasurer.

 

 Resolution #4

 Submitted by Iowa State Police Association Local 7, Sioux City

WHEREAS:  Chapter 724.4B of the Iowa Code defines the penalty and exceptions for carrying weapons on school grounds.  Subsection 2 lsits the exceptions, which include persons listed under Section 724.4, subsection 4, paragraph “B”, and

WHEREAS:  Chapter 724.4(4b) states – A peace officer, when the officer’s duties require the person to carry such weapons, and

WHEREAS:  Under the above exception, while a peace officer is off-duty, most are not required to carry a weapon and may not meet the exception under this rule;

NOW, THERFORE, BE IT RESOLVED that the Iowa State Police Association petition the Iowa General Assembly to delete the second section of the sentence in Chapter 724.4(4b); so that it would state that “A certified peace officer”, with no requirement of the “duties require the person to carry the weapon.”

Past President Stew Barnes made a motion to approve.  Past President Joel Kessler seconded the motion.  Motion carried by unanimous voice vote.  Attested to by Rick L. Host Secretary/Treasurer.

 

  Resolution #5

 Submitted by Eric Gruenhagen, Local 2, Davenport  

 WHEREAS:  Many Iowa Law Enforcement Agencies/Officers have strict policies governing vehicular pursuits, in many cases prohibiting pursuits unless they are related to forcible felonies under Iowa law and/or gun crimes; and

WHEREAS:  Vehicular pursuits are inherently dangerous to all parties involved especially the unaware motoring public; and

WHEREAS:  There is little consequence or penalty under current law for offenders who refuse to stop for police once given visual and audible signals to do so: and

WHEREAS:  Suspect/offender vehicles failing to stop is a significant problem for law enforcement with increasing frequency;

NOW, THEREFORE, BE IT RESOLVED that the Iowa State Police Association petition the Iowa General Assembly to amend the current law regarding failing to stop for a police vehicle while the marked or unmarked police vehicle emergency lights and sirens are activated shall be an aggravated misdemeanor with the same penalties as driving while barred.  Eluding law enforcement shall be a class D felony without bodily injury and a class C felony if bodily injury is caused due to the vehicle pursuit.  Once the suspect vehicle is located and or apprehended, the law enforcement agency may retain possession of the suspect vehicle until such time as the case has been disposed of in a court of law.

Past President Stew Barnes made a motion to approve.  Past President Joel Kessler seconded the motion.  Motion carried by unanimous voice vote.  Attested to by Rick L. Host Secretary/Treasurer.

 

Resolution #6

 Submitted by Iowa State Police Association Board of Directors

WHEREAS:  Police officers and fire fighters risk their lives to protect the citizens of their communities and this state; and

WHEREAS:  Performance of their duty sometimes results in sever and substantial injury to these officers; and

WHEREAS:  These injuries sometimes mean the end of these officers’ careers; and

WHEREAS:  These officers may be able to find other employment after being retired with a disability; and

WHEREAS:  The current pension law provides for a reduction of pension income when an officer has earnable income greater than 1½ times the salary of their position at retirement; and

WHEREAS:  This effectively freezes those officers’ income indefinitely; and

NOW, THEREFORE, BE IT RESOLVED that the Iowa State Police Association petition the Iowa General Assembly to increase the amount of income an officer may earn before the reduction of pension benefits from 1½ times to 2½ times the salary of their position.

Past President Stew Barnes made a motion to approve.  Past President Joel Kessler seconded the motion.  Motion carried by unanimous voice vote.  Attested to by Rick L. Host Secretary/Treasurer.

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