Amendment vs bill Amendment S-3169 vs Enrolled

Struck = removed from the bill · added = the amendment's new text.

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Kim Reynolds O f f i c e o f t h e G o v e r n o r A d a m G r e g g G O V E R N O R L T G O V E R N O R June8,2021 T h e Honorable Paul Pate SecretaryofStateofIowa StateCapitol Des Moines,Iowa 50319 DearMr.Secretary, Iherebytransmit:
House File 802 S-3169 Amend House File 802, as amended, passed, and reprinted by the House, as follows:
HouseFile802,anActprovidingforrequirementsrelatedtoracismorsexismtrainingsat, anddiversityandinclusioneffortsby,governmentalagenciesandentities,schooldistricts, andpubHcpostsecondarj'educationalinstitutions.
TheaboveHouseFileisherebyapprovedonthisdate.
Smcgcely KimReyn^ds Governor o cc:
SecretaryoftheSenate Clerk of the House STATE CAPITOL DES MOINES,I O W A 50319 515.281.5211 FAX 515.725.35WWW.GOVERNOR.IOWA.GOV IIHIiilllBlllliillllll G E N E R A L A S S E M B E Y I .
H o u s e F i l e 8 0 2 A N A C T P R O V I D I N G F O R R E Q U I R E M E N T S R E L A T E D T O R A C I S M O R SEXISM TRAININGS A T , AND DIVERSITY A N D INCLUSION E F F O R T S B Y , G O V E R N M E N T A L A G E N C I E A N D E N T I T I E S , S C H O O L D I S T R I C T S , A N D P U B L I C P O S T S E C O N D A R E D U C A T I O N A LI N S T I T U T I O N S .
B E I T E N A C T E D B Y T H E G E N E R A L A S S E M B L YO F T H E S T A T E O F I O W A :
Section 1.
NEW SECTION.
25A.1 Race and sex stereotyping — training prohibited by state and local governments.
For purposes of this section, unless the context otherwise requires:
Page 1, by striking lines 7 and 8.
a.
'^Agency" or ^state agency" means the same as defined in s e c t i o n 8 A .
1 0 1 .
b.
"^Governmental entity" means any unit of government in the executive, legislative, or judicial branch of government;
an agency or political subdivision;
any unit of state government, including its political subdivisions;
or any association or other organization whose membership consists primarily of one or more of any of the foregoing and whose budget is comprised primarily of tax-generated revenue.
a.
"^Governmental subdivision" means a county or city or c o m b i n a t i o nt h e r e o f .
d.
"^Race or sex scapegoating" means the same as defined in section 261H.7, subsection 1 .
e.
"^Race or sex stereotyping" means the same as defined in section 261H.7, subsection 1 .
House File 802, p.
2 f.
"^Specific defined concepts" means the same as defined in s e c t i2 6 1 H .
7 .
Each agency, governmental entity, or governmental subdivision may continue training that fosters a workplace and learning environment that is respectful of all employees.
Page 1, line 11, by striking <another> 3.
However, the head of an agency, governmental entity, or governmental subdivision shall ensure that any mandatory staff training provided by an employee of an agency, governmental entity, or governmental subdivision, or by a contractor hired by the agency, governmental entity, or governmental subdivision does not teach, advocate, encourage, promote, or act upon stereotyping, scapegoating, or prejudice toward others on the basis of demographic group membership or identity.
Page 1, line 14, after <foregoing> by inserting <and whose budget is comprised primarily of tax-generated revenue> 4.
This subsection shall not be construed as preventing an employee or contractor who provides mandatory training from responding to questions regarding stereotyping, scapegoating, or prejudice raised by participants in the training.
Page 1, after line 20 by inserting:
3.
<___.
Each agency, governmental entity, or governmental subdivision shall prohibit its employees from discriminating against other employees by any characteristic protected under the federal Civil Rights Act of 1964, Pub.
“Specific defined concepts” means the same as defined in section 261H.7.> 5.
L.
Page 1, by striking lines 29 through 33 and inserting <does not teach, advocate, encourage, promote, or act upon stereotyping, scapegoating, or prejudice toward others on the basis of demographic group membership or identity.
No.
This subsection shall not be construed as preventing an employee or contractor who provides mandatory training from responding to questions regarding stereotyping, scapegoating, or prejudice raised by participants in the training.> 6.
88-352, as amended, and applicable state law.
Page 2, by striking lines 1 and 2 and inserting <against other employees by any characteristic protected under the federal> 7.
4.
Page 2, line 17, by striking <divisive> and inserting <specific defined> 8.
This section shall not be construed to do any of the following;
Page 2, after line 19 by inserting:
a.
<d.
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Prevent an agency, governmental entity, or governmental subdivision from promoting racial, cultural, ethnic, or intellectual diversity or inclusiveness, provided such efforts are consistent with the provisions of this section.
Prohibit the use of curriculum that teaches the topics of sexism, slavery, racial oppression, racial segregation, or racial discrimination, including topics relating to the enactment and enforcement of laws resulting in sexism, racial oppression, segregation, and discrimination.> 9.
b.
By striking page 2, line 24, through page 3, line 14.
Create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the state of Iowa, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
10.
c.
Page 3, after line 25 by inserting:
Prohibit a state or federal court or agency of competent jurisdiction from ordering a training or remedial action containing discussions of specific defined concepts as a remedial action due to a finding of discrimination, including d i s c r i m i b a s o nr a co r s e x .
<___.
d.
“Specific defined concepts” includes all of the following:
Prohibit the use of curriculum that teaches the topics of sexism, slavery, racial oppression, racial segregation.
(1) That one race or sex is inherently superior to another race or sex.
House File 802, p.
(2) That the United States of America and the state of Iowa HF 802.2171 (2) 89 -1- kh/jh 1/4 are fundamentally or systemically racist or sexist.
3 or racial discrimination, including topics relating to the enactment and enforcement of laws resulting in sexism, racial oppression, segregation, and discrimination.
(3) That an individual, solely because of the individual’s race or sex, is inherently racist, sexist, or oppressive, whether consciously or unconsciously.
Sec.
(4) That an individual should be discriminated against or receive adverse treatment solely or partly because of the individual’s race or sex.
2.
(5) That members of one race or sex cannot and should not attempt to treat others without respect to race or sex.
NEW SECTION.
(6) That an individual’s moral character is necessarily determined by the individual’s race or sex.
261H.7 Race and sex stereotyping — training by institution prohibited.
(7) That an individual, by virtue of the individual’s race or sex, bears responsibility for actions committed in the past by other members of the same race or sex.
1.
(8) That any individual should feel discomfort, guilt, anguish, or any other form of psychological distress on account of that individual’s race or sex.
For purposes of this section, unless the context otherwise requires;
a.
^Race or sex scapegoating" means assigning fault, blame, or bias to a race or sex, or to members of a race or sex because of their race or sex, or claiming that, consciously or unconsciously, and by virtue of persons' race or sex, members of any race are inherently racist or are inherently inclined to oppress others, or that members of a sex are inherently sexist or inclined to oppress others.
b.
"^Race or sex stereotyping" means ascribing character traits, values, moral and ethical codes, privileges, status, or beliefs to a race or sex, or to an individual because of the individual's race or sex.
a.
"^Specific defined concepts" includes all of the following:
(1) That one race or sex is inherently superior to another r a co rs e x .
(2) That the United States of America and the state of Iowa are fundamentally or systemically racist or sexist.
(3) That an individual, solely because of the individual's race or sex, is inherently racist, sexist, or oppressive, whether consciously or unconsciously.
(4) That an individual should be discriminated against or receive adverse treatment solely or partly because of the individual's race or sex.
( 5 )That members of one race or sex cannot and should not attempt to treat others without respect to race or sex.
(6) That an individual's moral character is necessarily determined by the individual's race or sex.
(7) That an individual, by virtue of the individual's race or sex, bears responsibility for actions committed in the past by other members of the same race or sex.
(8) That any individual should feel discomfort, guilt, anguish, or any other form of psychological distress on account House File 802, p.
4 of that individual's race or sex.
(10) Any other form of race or sex scapegoating or any other form of race or sex stereotyping.
(10) Any other form of race or sex scapegoating or any other form of race or sex stereotyping.> 11.
2.
Page 3, line 34, by striking <divisive> and inserting <specific defined> 12.
Each public institution of higher education may continue training that fosters a workplace and learning environment that is respectful of all employees and students.
Page 4, line 2, by striking <divisive> and inserting <specific defined> 13.
However, the president, vice presidents, deans, department directors, or any other administrator of a public institution of higher education shall ensure that any mandatory staff or student training provided by an employee of the institution or by a contractor hired by the institution does not teach, advocate, act upon, or promote specific defined concepts.
Page 4, by striking lines 5 and 6 and inserting <from discriminating against another by political ideology or any characteristic> 14.
This subsection shall not be construed as preventing an employee or contractor who provides mandatory training from responding to questions regarding specific defined concepts raised by participants in the training.
Page 4, by striking lines 10 and 11 and inserting <from discriminating against students and employees by political ideology or any> 15.
3.
Page 4, line 26, by striking <divisive> and inserting <specific defined> 16.
Institution diversity and inclusion efforts shall discourage students of a public institution of higher education from discriminating against another by political ideology or any characteristic protected under the federal Civil Rights Act of 1964, Pub.
Page 4, line 34, by striking <divisive> and inserting HF 802.2171 (2) 89 -2- kh/jh 2/4 <specific defined> 17.
L.
Page 5, after line 1 by inserting:
No.
<f.
88-352, as amended, and applicable state law.
Prohibit the use of curriculum that teaches the topics of sexism, slavery, racial oppression, racial segregation, or racial discrimination, including topics relating to the enactment and enforcement of laws resulting in sexism, racial oppression, segregation, and discrimination.> 18.
Each public institution of higher education shall prohibit its employees from discriminating against students and employees by political ideology or any characteristic protected under the federal Civil Rights Act of 1964, Pub.
Page 5, by striking lines 6 and 7.
L.
19.
No.
Page 5, after line 11 by inserting:
88-352, as amended, and applicable state law.
<___.
4.
“Specific defined concepts” means the same as defined in section 261H.7.> 20.
This section shall not be construed to do any of the following;
Page 5, by striking lines 18 and 19 and inserting <district does not teach, advocate, encourage, promote, or act upon specific stereotyping and scapegoating toward others on the basis of demographic group membership or identity.
a.
This subsection shall not be construed as> 21.
Inhibit or violate the first amendment rights of students or faculty, or undermine a public institution of higher education's duty to protect to the fullest degree intellectual freedom and free expression.
Page 5, line 22, by striking <divisive> and inserting <specific defined> 22.
The intellectual vitality of students and faculty shall not be infringed under this section.
Page 5, by striking lines 26 and 27 and inserting <against another by political ideology or any characteristic protected under> 23.
b.
Page 5, by striking lines 31 and 32 and inserting <employees by political ideology or any characteristic protected under the> 24.
Prevent a public institution of higher education from promoting racial, cultural, ethnic, intellectual, or academic diversity or inclusiveness, provided such efforts are House File 802, p.
Page 6, line 12, by striking <divisive> and inserting <specific defined> 25.
5 consistent with the provisions of this section, chapter 216, and other applicable law.
Page 6, line 20, by striking <divisive> and inserting <specific defined> 26.
c.
Page 6, after line 22 by inserting:
Prohibit discussing specific defined concepts as part of a larger course of academic instruction.
<f.
d.
Prohibit the use of curriculum that teaches the topics of sexism, slavery, racial oppression, racial segregation, or racial discrimination, including topics relating to the enactment and enforcement of laws resulting in sexism, racial oppression, segregation, and discrimination.> 27.
Create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the state of Iowa, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
By renumbering, redesignating, and correcting internal HF 802.2171 (2) 89 -3- kh/jh 3/4 references as necessary.
e.
______________________________ AMY SINCLAIR HF 802.2171 (2) 89 -4- kh/jh 4/4
Prohibit a state or federal court or agency of competent jurisdiction from ordering a training or remedial action containing discussions of specific defined concepts as a remedial action due to a finding of discrimination, including d i s c r i m i b a s o nr a co r s e x .
f.
Prohibit the use of curriculum that teaches the topics of sexism, slavery, racial oppression, racial segregation, or racial discrimination, including topics relating to the enactment and enforcement of laws resulting in sexism, racial oppression, segregation, and discrimination.
Sec.
3.
NEW SECTION.
279.74 Race and sex stereotyping — training and curriculum prohibited.
1.
For purposes of this section, unless the context otherwise requires:
a.
"^Hace or sex scapegoating" means the same as defined in s e c t 2 6 1 H .
7 .
b.
"^Race or sex stereotyping" means the same as defined in s e c t i2 6 1 H .
7 .
c.
"^Specific defined concepts" means the same as defined in s e c t 2 6 1 H .
7 .
2.
Each school district may continue training that fosters a workplace and learning environment that is respectful of all employees and students.
However, the superintendent of each school district shall ensure that any curriculum or mandatory staff or student training provided by an employee of the school district or by a contractor hired by the school district does not teach, advocate, encourage, promote, or act upon specific stereotyping and scapegoating toward others on the basis of demographic group membership or identity.
This subsection shall not be construed as preventing an employee or contractor who teaches any curriculum or who provides mandatory training House Pile 802, p.
6 from responding to questions regarding specific defined concepts raised by participants in the training.
3.
School district diversity and inclusion efforts shall discourage students of the school district from discriminating against another by political ideology or any characteristic protected under the federal Civil Rights Act of 1964, Pub.
L.
No.
88-352, as amended, and applicable state law.
Each school district shall prohibit its employees from discriminating against students or employees by political ideology or any characteristic protected under the federal Civil Rights Act of 1964, Pub.
L.
No.
88-352, as amended, and applicable state law.
4.
This section shall not be construed to do any of the following;
a.
Inhibit or violate the first amendment rights of students or faculty, or undermine a school district's duty to protect to the fullest degree intellectual freedom and free expression.
The intellectual vitality of students and faculty shall not be infringed under this section.
b.
Prevent a school district from promoting racial, cultural, ethnic, intellectual, or academic diversity or inclusiveness, provided such efforts are consistent with the provisions of this section, chapter 216, and other applicable l a w .
c.
Prohibit discussing specific defined concepts as part of a larger course of academic instruction.
d.
Create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the state of Iowa, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
e.
Prohibit a state or federal court or agency of competent jurisdiction from ordering a training or remedial action containing discussions of specific defined concepts as a remedial action due to a finding of discrimination, including d i s c r i m i b a s o nr a co r s e x .
f.
Prohibit the use of curriculum that teaches the topics of sexism, slavery, racial oppression, racial segregation, or racial discrimination, including topics relating to the enactment and enforcement of laws resulting in sexism, racial oppression, segregation, and discrimination.
House File 802, p.
7 Sec.
4.
IMPLEMENTATION OF ACT.
Section 25B.2, subsection 3, shall not apply to this Act.
P A T G R A S S L E Y K E C H A P M A N Speaker of the House P r e s i d e n t o f t h e S e n a t e I hereby certify that this bill originated in the House and is known as House File 802, Eighty-ninth General Assembly.
M E G ^ N N E L S O N Chief .Clerk q£ the House Approved 2 0 2 1 K I M R E Y N O L D G o v e r n o r