Read the full stored bill text
Senate
File
2072
-
Introduced
SENATE
FILE
2072
BY
SALMON
A
BILL
FOR
An
Act
relating
to
state
entities,
including
by
modifying
1
provisions
related
to
prohibited
diversity,
equity,
2
and
inclusion
offices
and
officers
and
to
trainings
and
3
curricula
regarding
specific
defined
concepts
provided
by
4
school
districts.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
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Section
1.
Section
19.3,
Code
2026,
is
amended
by
adding
the
1
following
new
subsection:
2
NEW
SUBSECTION
.
4.
If
the
attorney
general
or
person
3
bringing
the
civil
action
under
subsection
2
prevails,
all
of
4
the
following
shall
occur:
5
a.
The
state
entity
shall
terminate
the
employment
of
the
6
person
who
violated
this
chapter.
7
b.
If
the
supervisor
of
the
person
who
violated
this
chapter
8
was
aware
of
the
violations
of
this
chapter
and
failed
to
take
9
actions
intended
to
prevent
the
violations,
the
state
entity
10
shall
terminate
the
employment
of
the
supervisor.
11
c.
If
the
position
of
the
person
whose
employment
is
12
terminated
under
paragraph
“a”
or
“b”
required
a
license,
13
certificate,
authorization,
or
statement
of
recognition,
the
14
person’s
license,
certificate,
authorization,
or
statement
of
15
recognition
shall
be
revoked
by
the
entity
that
originally
16
issued
the
license,
certificate,
authorization,
or
statement
17
of
recognition.
18
d.
(1)
If
the
total
budget
of
the
state
entity
that
19
employed
the
person
in
the
last
fiscal
year
that
the
person
20
committed
the
conduct
that
violated
this
chapter
was
less
21
than
one
hundred
million
dollars,
that
state
entity
shall
pay
22
a
civil
penalty
of
fifty
thousand
dollars,
which
shall
be
23
deposited
in
the
general
fund
of
the
state.
24
(2)
If
the
total
budget
of
the
state
entity
that
employed
25
the
person
in
the
last
fiscal
year
that
the
person
committed
26
the
conduct
that
violated
this
chapter
was
equal
to
or
more
27
than
one
hundred
million
dollars,
that
state
entity
shall
pay
a
28
civil
penalty
of
one
hundred
thousand
dollars,
which
shall
be
29
deposited
in
the
general
fund
of
the
state.
30
Sec.
2.
Section
256.146,
subsection
13,
paragraph
b,
Code
31
2026,
is
amended
by
adding
the
following
new
subparagraph:
32
NEW
SUBPARAGRAPH
.
(5)
The
applicant’s
or
person’s
33
employment
was
terminated
pursuant
to
section
19.3,
subsection
34
4,
or
section
279.74A,
subsection
4.
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Sec.
3.
NEW
SECTION
.
272C.10A
Mandatory
revocation.
1
A
licensing
board
shall
revoke
a
license
if
the
licensee’s
2
employment
was
terminated
pursuant
to
section
19.3,
subsection
3
4.
4
Sec.
4.
Section
279.74,
subsection
4,
paragraph
d,
Code
5
2026,
is
amended
to
read
as
follows:
6
d.
Create
Except
as
provided
in
section
279.74A,
create
7
any
right
or
benefit,
substantive
or
procedural,
enforceable
8
at
law
or
in
equity
by
any
party
against
the
state
of
Iowa,
its
9
departments,
agencies,
or
entities,
its
officers,
employees,
10
or
agents,
or
any
other
person.
11
Sec.
5.
NEW
SECTION
.
279.74A
Training
and
curriculum
12
prohibited
——
specific
defined
concepts
——
enforcement.
13
1.
Any
person
may
notify
the
attorney
general
of
a
school
14
district’s
potential
violation
of
section
279.74.
The
attorney
15
general
may
bring
an
action
against
a
school
district
for
a
16
writ
of
mandamus
to
compel
the
school
district
to
comply
with
17
section
279.74.
18
2.
A
student
enrolled
in
a
school
district,
an
alumnus
of
a
19
school
district,
or
an
employee
of
a
school
district
alleging
20
a
violation
of
section
279.74
may
bring
a
civil
action
for
21
injunctive
relief
against
the
school
district
to
prohibit
the
22
school
district
from
continuing
such
violation.
23
3.
An
action
brought
under
this
section
may
be
brought
in
24
any
of
the
following:
25
a.
The
county
in
which
all
or
a
substantial
part
of
the
26
events
or
omissions
giving
rise
to
the
action
occurred.
27
b.
The
county
in
which
the
central
administrative
office
of
28
the
school
district
is
located.
29
c.
The
county
in
which
the
claimant
resides,
if
the
claimant
30
is
an
individual
and
resides
in
this
state.
31
d.
The
county
in
which
a
defendant
resides,
if
the
defendant
32
is
an
individual
and
resides
in
this
state.
33
4.
If
the
attorney
general
or
person
bringing
the
civil
34
action
under
subsection
2
prevails,
all
of
the
following
shall
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occur:
1
a.
The
school
district
shall
terminate
the
employment
of
the
2
person
who
violated
this
chapter.
3
b.
If
the
supervisor
of
the
person
who
violated
this
chapter
4
was
aware
of
the
violations
of
this
chapter
and
failed
to
take
5
actions
intended
to
prevent
the
violations,
the
school
district
6
shall
terminate
the
employment
of
the
supervisor.
7
c.
If
the
position
of
the
person
whose
employment
is
8
terminated
under
paragraph
“a”
or
“b”
required
a
license,
9
certificate,
authorization,
or
statement
of
recognition,
the
10
person’s
license,
certificate,
authorization,
or
statement
of
11
recognition
shall
be
revoked
by
the
entity
that
originally
12
issued
the
license,
certificate,
authorization,
or
statement
13
of
recognition.
14
d.
(1)
If
the
total
budget
of
the
school
district
that
15
employed
the
person
in
the
last
fiscal
year
that
the
person
16
committed
the
conduct
that
violated
section
279.74
was
less
17
than
one
hundred
million
dollars,
the
school
district
shall
18
pay
a
civil
penalty
of
fifty
thousand
dollars,
which
shall
be
19
deposited
in
the
general
fund
of
the
state.
20
(2)
If
the
total
budget
of
the
school
district
that
employed
21
the
person
in
the
last
fiscal
year
that
the
person
committed
22
the
conduct
that
violated
section
279.74
was
equal
to
or
more
23
than
one
hundred
million
dollars,
the
school
district
shall
pay
24
a
civil
penalty
of
one
hundred
thousand
dollars,
which
shall
be
25
deposited
in
the
general
fund
of
the
state.
26
Sec.
6.
NEW
SECTION
.
602.3203A
Mandatory
revocation.
27
The
board
shall
revoke
a
certification
if
the
person’s
28
employment
was
terminated
pursuant
to
section
19.3,
subsection
29
4.
30
Sec.
7.
NEW
SECTION
.
602.10122A
Mandatory
revocation.
31
The
supreme
court
shall
revoke
the
license
of
an
attorney
32
to
practice
law
in
this
state
if
the
attorney’s
employment
was
33
terminated
pursuant
to
section
19.3,
subsection
4.
34
EXPLANATION
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The
inclusion
of
this
explanation
does
not
constitute
agreement
with
1
the
explanation’s
substance
by
the
members
of
the
general
assembly.
2
This
bill
relates
to
state
entities,
including
by
modifying
3
provisions
related
to
prohibited
diversity,
equity,
and
4
inclusion
offices
and
officers
and
to
trainings
and
curricula
5
regarding
specific
defined
concepts
by
school
districts.
6
Current
Code
section
19.2
prohibits
state
entities
from
7
expending
any
moneys
appropriated
by
the
general
assembly,
or
8
any
other
moneys,
to
establish,
sustain,
support,
or
staff
9
a
diversity,
equity,
and
inclusion
office,
or
to
contract,
10
employ,
engage,
or
hire
an
individual
to
serve
as
a
diversity,
11
equity,
and
inclusion
officer.
Current
Code
section
19.3
12
authorizes
the
attorney
general
to
bring
an
action
against
13
a
state
entity
for
a
writ
of
mandamus
to
compel
the
state
14
entity
to
comply
with
these
prohibitions.
Current
Code
section
15
19.3
authorizes
a
student
or
alumnus
of
a
public
school,
or
16
an
employee
of
a
state
entity,
alleging
a
violation
of
the
17
bill’s
provisions
to
bring
a
civil
action
for
injunctive
relief
18
against
the
state
entity
to
prohibit
the
state
entity
from
19
continuing
such
violation.
20
The
bill
modifies
Code
section
19.3
to
provide
that
if
the
21
attorney
general
or
other
person
bringing
an
action
under
22
Code
section
19.3
is
the
prevailing
party,
the
state
entity
23
is
required
to
terminate
the
employment
of
the
person
who
24
committed
the
violation.
The
bill
also
provides
that
if
the
25
supervisor
of
the
person
who
committed
the
violation
was
aware
26
of
the
violation
and
failed
to
take
actions
intended
to
prevent
27
the
violation,
then
the
state
entity
is
required
to
terminate
28
the
employment
of
the
supervisor
as
well.
Additionally,
if
29
the
position
of
the
person
whose
employment
was
terminated
30
required
a
license,
certificate,
authorization,
or
statement
of
31
recognition,
the
person’s
license,
certificate,
authorization,
32
or
statement
of
recognition
shall
be
revoked
by
the
entity
that
33
originally
issued
the
license,
certificate,
authorization,
34
or
statement
of
recognition.
If
the
attorney
general
or
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other
person
bringing
an
action
under
Code
section
19.3
is
1
the
prevailing
party,
the
bill
establishes
levels
of
civil
2
penalties
to
be
imposed
upon
the
state
entity
that
are
based
on
3
the
amount
of
the
state
entity’s
total
budget.
4
Current
Code
section
279.74(2)
requires
the
superintendent
5
of
each
school
district
to
ensure
that
any
curriculum
or
6
mandatory
staff
or
student
training
provided
by
an
employee
7
of
the
school
district
or
by
a
contractor
hired
by
the
school
8
district
does
not
teach,
advocate,
encourage,
promote,
or
act
9
upon
specific
stereotyping
and
scapegoating
toward
others
on
10
the
basis
of
demographic
group
membership
or
identity.
Current
11
Code
section
279.74(3)
requires
school
district
diversity
and
12
inclusion
efforts
to
discourage
students
from
discriminating
13
against
another
by
political
ideology
or
any
characteristic
14
protected
under
federal
law
or
applicable
state
law.
Current
15
Code
section
279.74(3)
also
requires
school
districts
to
16
prohibit
employees
from
discriminating
against
students
or
17
other
employees
by
political
ideology
or
any
characteristic
18
protected
under
federal
law
or
applicable
state
law.
19
The
bill
authorizes
the
attorney
general
to
bring
an
action
20
against
a
school
district
for
a
writ
of
mandamus
to
compel
the
21
school
district
to
comply
with
Code
section
279.74.
The
bill
22
also
authorizes
a
student
or
alumnus
of
a
school
district,
or
23
an
employee
of
a
school
district,
alleging
a
violation
of
the
24
bill’s
provisions
to
bring
a
civil
action
for
injunctive
relief
25
against
the
school
district
to
prohibit
the
school
district
26
from
continuing
such
violation.
The
bill
establishes
the
27
venue
in
which
such
actions
may
be
brought.
If
the
attorney
28
general
or
other
person
is
the
prevailing
party,
the
school
29
district
is
required
to
terminate
the
employment
of
the
person
30
who
committed
the
violation.
The
bill
also
provides
that
if
31
the
supervisor
of
the
person
who
committed
the
violation
was
32
aware
of
the
violation
and
failed
to
take
actions
intended
to
33
prevent
the
violation,
then
the
school
district
is
required
34
to
terminate
the
employment
of
the
supervisor
as
well.
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Additionally,
if
the
position
of
the
person
whose
employment
1
was
terminated
required
a
license,
certificate,
authorization,
2
or
statement
of
recognition,
the
person’s
license,
certificate,
3
authorization,
or
statement
of
recognition
shall
be
revoked
by
4
the
entity
that
originally
issued
the
license,
certificate,
5
authorization,
or
statement
of
recognition,
which
includes
the
6
board
of
educational
examiners.
If
the
attorney
general
or
7
other
person
bringing
an
action
is
the
prevailing
party,
the
8
bill
establishes
levels
of
civil
penalties
to
be
imposed
upon
9
the
school
district
that
are
based
on
the
amount
of
the
school
10
district’s
total
budget.
11
The
bill
makes
conforming
changes.
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