LEGISLATIVE UPDATES 2021

AUGUST 30

2021 Election Law Changes for Iowa Voters

MARCH 30

HF 802 was passed on March 16 in the House, 59-38 mostly along party line votes, after hours-long debate. The bill was amended to expand the applicability to government entities, agencies, and subdivisions. HF 802 is described as “providing for requirements related to racism or sexism trainings at, and diversity and inclusion efforts by, governmental agencies and entities, school districts, and public postsecondary educational institution.” The bill can be viewed at:

https://www.legis.iowa.gov/legislation/BillBook?ga=89&ba=hf802

On March 30 the Senate Judiciary committee voted to recommend the bill. (8 yes – 5 no)

It is not yet on the Senate calendar, but if this is a bill of concern to you, go ahead and contact your state Senator

A document regarding the bill that I’ve sent to all Senators today is attached for your information. As always, select a few points to mention in your brief email.

HF 802 Diversity and Inclusion

AAUW of Iowa is a nonpartisan organization with branches and members across the state who advocate for women and girls. AAUW Public Policy Priorities support gender fairness, equity, diversity and inclusivity, and they support addressing barriers and implicit biases. AAUW of Iowa supports academic freedom, intellectual freedom, freedom of assembly and free expression for faculty and students.

A review of HF 802, described as providing for requirements related to racism or sexism trainings at, and diversity and inclusion efforts by, governmental agencies and entities, school districts, and public postsecondary educational institutions found language that promotes a thinly veiled agenda.

Divisive Concepts – Specifically, the list of ten subjective “divisive concepts” would have faculty, trainers, and others adhere to an ideological agenda that broadly denies the existence of conscious or unconscious bias relating to race or sex, denies that there is systemic racism or sexism, and restricts presentation of certain aspects of United States and Iowa history in training or teaching. There certainly is not universal agreement that the ten “divisive concepts” are in fact divisive or even true; rather the list appears to stem from a very narrow frame of reference. Prohibiting discussion of these issues as if they don’t exist is not conducive toward building an educated, informed, and inclusive citizenry.

The bill states that language shall not be construed to prohibit discussing divisive concepts as part of a “larger course of academic instruction.” There is no definition of “a larger course of academic instruction.” If that is the exception to the prohibition, it must be clearly defined. Does “a larger course of academic instruction” mean a course, an academic major, a series of courses or workshops? Educators and trainers are first told they can’t discuss “divisive concepts,” but then this language provides an ambiguous exception. Who decides that the lessons are part of a “larger course of academic instruction?”

In addition, the bill says that courts can’t be prevented from ordering training or remedial action containing discussion of “divisive concepts.” (pages 2, 4 & 6) So apparently those topics could only be discussed under court order upon “finding of discrimination, including that based on race or sex,” but maybe or maybe not in the normal course of education or training, depending on what is meant by “a larger course of academic instruction.”

Government – HF 802 was amended in the House to expand the restrictions originally proposed for public schools and public postsecondary institutions to other areas of civic life – governmental entities, agencies or subdivisions. This has a chilling effect on diversity training far beyond that originally proposed for public school districts and public postsecondary education institutions.

Student publications – Section 4, pages 6-7) Extends prohibitions in this bill to official public school written publications. We wonder how that language relates to Iowa Code – Student exercise of free expression (1989) I.C.A. § 280.22—Student exercise of free expression which says:

1. Except as limited by this section, students of the public schools have the right to exercise freedom of speech, including the right of expression in official school publications.
Students shall not express, publish, or distribute any of the following:
Materials which are obscene.
Materials which are libelous or slanderous under chapter 659.
Materials which encourage students to do any of the following:

(1) Commit unlawful acts.

(2) Violate lawful school regulations.

(3) Cause the material and substantial disruption of the orderly operation of the school.

There shall be no prior restraint of material prepared for official school publications except when the material violates this section.

The question should be asked, is the written publications code requirement in “The code shall incorporate all of the provisions of this section.” (page 6 lines 28-29) allowable or is the bill and amendment language prohibiting discussion of the subjective “divisive concepts” in conflict with the Student exercise of free expression law?

Ethics – The bill should more properly say “professional code of ethics” (Page 7 line 7)

We ask that you vote NO on HF 802, a bill that appears designed to promote an ideological agenda that is not based in the reality of our history or the inequalities that exist in our country today. This bill would narrowly restrict discussion of diversity and inclusion in our schools and governmental agencies and subdivisions.

MARCH 26, 2010

WEEK 11 LEGISLATURE

The list of legislation monitored is attached. In the right hand column, red text indicates bills passed in House or Senate, blue text indicates bills approved by a committee. Several bills related to AAUW public policy are listed below.

PASSED IN HOUSE

HF 813 – charter schools; passed March 24, 55 yes – 40 no and goes to the Senate. The Senate previously passed SF 159, the governor’s huge education bill that included a provision for expanding charter schools, so the Senate will possibly modify the House bill.

SF 159 also expands vouchers for those attending nonpublic schools.

HF 818 – restoration of voting rights for those convicted of a felony, but imposes list of requirements; passed 67 yes – 38 no. We support restoration of voting rights, but oppose imposing conditions that make that almost impossible for many. Goes to Senate.

HJR 11 – constitutional amendment to restore voting rights to those convicted of a felony; passed 95-0 on March 24. The House passed the same bill last session. Goes to Senate. We support.

HF 831 – expunge nonviolent class “D” felony conviction from a person’s record after 10 years and completion sentence and conditions; passed March 25 94 – 0. Goes to Senate.

HF 847 – education bill; March 25 passed House 62-33. Division II, Section 7 expands tax credits/deductions for 25% of the first $2000 (currently $1000) spent for dependent who is receiving private instruction and Division III expanding open enrollment. Goes to Senate.

PASSED IN SENATE

HF 756 – removes requirements for permits to obtain or carry a gun, restricts cities and counties from prohibiting carry of firearms, other provisions; passed 31 yes – 17 no on March 22. Previously passed in the House. Goes to governor.

UPATE FOR WEEK OF MARCH 15

LEGISLATION PASSED

HF 744 – First Amendment & public schools and universities, positive amendments, passed House 97-1

HF 802 – relates to diversity education and training in public schools and universities; amended to extend requirements and prohibitions to government entities (any unit in the executive, judicial or legislative branch), agencies, and political subdivision (cities & counties), still contains a list of ten “divisive concepts” and ambiguous language; – passed House 59 yes – 38 no

SF 580 – prohibit government contracts with business/organization that censors online content, passed Senate 30 yes – 17 no

PASSED IN COMMITTEE

HF 228 – voluntary diversity plans, passed Senate Education Committee 9 yes – 5 no

HF 808 – increase tax credit for private instruction / open enrollment passed House Education Committee 15 yes – 8 no

PAYCHECK FAIRNESS ACT LTE / EQUAL PAY DAY

Have you written a letter to the editor regarding the Paycheck Fairness Act? See the email sent to you last week for information.

March 24 is Equal Pay Day

AAUW Iowa board members, Capitol Corps, branch presidents and public policy directors may be interested in attending this event.

Every ten years legislative and congressional districts are redrawn based on population numbers from the census that year. Iowa’s process has been nonpartisan for a number of years with no gerrymandering – one of the best in the country – and we need to keep it that way. Find out how the process is supposed to work.

Event registration is required, but it is free.

Thursday, March 18, 2021, at 3:00 p.m.

CHARTER SCHOOLS

HF 813 – provides for two models of charter schools established by a public school district or a founding group. The option already exists in Iowa for public schools to operate a charter school through approval and oversight of the local school district as a way to create new public education options. There are two remaining public charter schools in Iowa–Storm Lake / Iowa Central / Buena Vista Early College Charter High School (Grades 9-12) and the Northeast Iowa Charter High School (Grades 9-12) in Maynard. Others have ceased operation.

AAUW Public Policy Priorities advocate adequate and equitable funding for public eduction for all students and opposes use of public funds for nonpublic and charter schools that don’t meet the same civil rights and accountability standards required of public schools.

While this legislation is a better charter school bill than we’ve seen in previous years since it requires adherence to academic and accountability requirements (see page 27 of the bill for a summary), concerns center around:

The “founding group” under this bill could be a private, for-profit business operating multiple charter schools and not necessarily based in Iowa.
The Iowa State Board of Education would approve a charter school application of a founding group and provide oversight, not the local school district.
The nonpublic charter school operated by a founding group would receive the state per pupil funds and additional supplemental funding for each student, same as that provided for public school students. It could also receive transportation funding and postsecondary tuition reimbursement. (Pages 16-17). These are taxpayer dollars going to fund a private charter school.

HF 813 was approved in committee on March 4. It has not yet been taken up by the full House, so this would be a good time to contact your Representative if you share these concerns about the bill.

EDUCATION/HIGHER EDUCATION

While HF 222, a bill that would have reduced funding for education institutions using of any of the 1619 Project curricula, did not meet the funnel deadline, three other bills are moving forward. (See the Higher Education section of bills)

SF 478 (previously SSB 1205) was approved by the Senate (33 yes – 14 no) on March 8, HF 802 (previously HSB 258) was approved by the Judiciary Committee on March 4, and HF 744 (previously HSB 237) was approved by the Judiciary Committee on March 2. Additional information about these bills is in an attachment to this email. I encourage you to read the bill language to better understand what is proposed. The current speech and expression policy language in the Iowa Code is attached in this email.

Note in the listing of bills that only the Family Leader supports SF 478 and HF 802. Only the Iowa Association of School Boards is registered in support of HF 744. Other lobbyists are opposed or undecided.

HF 496 – a bill to prohibit tenure at regents institutions is still moving forward. The bill is opposed by business leaders as well as higher education leaders.

SEXUAL ASSAULT

On a positive note:

HF 603 to establish a sexual assault forensic examiner training and certification program passed in the House 93-0

HF 426 to establish and automated tracking system for sexual abuse evidence (often referred to as “rape kits”) passed in the House 93-0

Both go to the Senate for further action.

OBSERVANCES

Greetings on International Women’s Day.

Tomorrow, March 9, marks the first of the equal pay day observances for 2021 – Asian American and Pacific Islander Women’s Equal Pay Day. Asian American and Pacific Islander women on average are paid 85 cents for every dollar paid to white men.

EXECUTIVE ORDERS

Today President Biden is expected to sign an executive order for the creation of a Gender Policy Council and an executive order calling for a review of changes related to Title IX, including the rules formulated by former education secretary DeVos. AAUW had objected to those changes.

WOMEN HIT HARD

According to a recent report from the U.S. Department of Labor, 2.5 million women left the workforce in 2020 compared to 1.8 million men. Latina and Black women were disproportionately impacted. Along with Indigenous women, they already faced the greatest wage disparity prior to the pandemic.

LEGISLATION

Many good bills in areas such as COVID-19 assistance, child care, reproductive health care, pay equity/wage discrimination, and education were not considered, let alone approved, by a committee so they are no longer viable in this legislative session.

As you review the attached list of legislation, look at the far right hand column to see whether the bill was approved by a committee or by the House or Senate. If so, they are bills that are eligible for further action. If there is no committee approval, in most cases the bill is considered “dead,” with the general exception of appropriations and tax related bills.

Instead of summarizing actions on bills as of the March 5 first funnel date, look over the list of bills. Specific bills will be discussed in upcoming emails.

As of week seven, the House has about 700 bills and about 250 study bills. The Senate has about 480 bills and about 230 study bills. Remember that all are not new bills–many are revised versions or renumbered bills. The list of bills monitored is attached, with updates regarding action on bills as of 2-25-21 e.g. approved by a committee, passed by Senate or House, signed by governor. The first funnel date is Friday, March 5.

See the following items for information related to a few selected bills we’re following. To find the email address for legislators go to www.legis.iowa.gov and click on the legislators tab, and find committee member names and email addresses by clicking on the committees tab.

Take action on issues most important to you, but please make contacts regarding the wage discrimination bills this week.

ACCOMMODATIONS BASED ON PREGNANCY AND CHILDBIRTH (Women workers section)

SSB 1029–AAUW Iowa has advocated for passage of reasonable accommodations bills for at least the past five years. The intent is to clarify for employers that they are expected to provide reasonable accommodations. During that time, bills were not even discussed by a committee. This week the Senate Labor and Business Relations Committee approved SSB 1029 as amended. The text of the amendment on Thursday afternoon and the revised bill language is not yet available on the Legislature website. No contacts needed at this point.

CHARTER SCHOOLS

HSB 242–Iowa already allows for charter schools established by a local school district. This bill allows a second option whereby a “founding group” applies to set up a charter school. Since state per pupil funding follows the student attending a charter school, this shifts taxpayer dollars to a private entity, a practice generally opposed by AAUW Iowa since it means less money is available for public schools. The subcommittee (Representatives Wheeler, Ingels, Mascher) is scheduled to discuss the bill on March 2, so email before then to ask opposition.

CONSTITUTIONAL AMENDMENT

HSB 143 & successor HJR 11–this is the constitutional amendment approved in the House last year that restored the right to vote to most persons convicted of a felony who have completed their sentence. The Senate did not take up the bill last year so the process started over again this year. Ask your Representative to vote yes on this bill.

EDUCATION

HSB 240–this bill contains some of the items that were in the governor’s massive education bill. It provides for increased tax credits for private instruction, adds option for open enrollment from “schools in significant need of improvement.” Oppose.

HSB 243–“students first scholarship fund” is a voucher program, using taxpayer dollars to fund private school education. Oppose. The subcommittee (Wills, Smith, Stone) meets on March 2 at 12 PM

HSB 237–see HIGHER EDUCATION

EDUCATION FUNDING

HF 222–this is the bill introduced in January that would reduce funding for districts using the 1619 curricula. Decisions regarding instructional materials as part of the overall curricula should properly be made by educators. Oppose. Contact House education committee members.

GUNS

HSB 254–there are a number of bills regarding guns and weapons. AAUW public policy calls for freedom from violence. This new bill covers quite a few areas. It takes away the requirement for someone carrying a gun into the Capitol or grounds to have to provide a permit when requested by a security officer (current law). It also prohibits political subdivisions (cities & counties) from regulating the carrying of firearms and voids any restrictions implemented since 1990. Oppose. The Public Safety subcommittee (Holt, Klein, Wessel-Kroeschell) meets on March 1 at 12 PM.

HEALTH/MENTAL HEALTH

HF 662–this a new bill that provides a different approach from the bills that limit medical alternatives for intersex / transgender persons. It guarantees the right to bodily integrity, autonomy, and self-determination. It likely will not be taken up by a committee, but contact the House Human Resources committee chair or the entire committee if this is of interest to you.

HIGHER EDUCATION

SSB 1205 & the successor SF 478 – SSB 1205 was approved by the Senate Education Committee this week. Capitol Corps members and I had contacted the committee in opposition to the bill.

HSB 258 and HSB 237 are similar, but somewhat shorter versions. However, HSB 237 does not include the list of “divisive concepts.” HSB 258 retains the “divisive concepts” and provisions about race and sex stereotyping and scapegoating, but does not reference disciplinary actions.

All are unnecessary; the language appears driven by political ideology, is extremely confusing and contradictory as written, and is punitive toward educators. It’s best to read the bills to understand the problems with them. Contact your Senator to as for opposition.

SEXUAL ABUSE

SSB 1002 & the successor SF 451–SSB 1002 was approved in committee on February 22. SF 451 is a bill you can ask your Senators to support. HF 426 is a similar bill approved by the House Judiciary Committee. You could ask your Representative to support. Both deal with collection and automatic tracking of evidence in sexual abuse cases.

VOTING

SF 413 is the successor bill to SSB 1199 which was approved by the Senate this week along party line votes. In the House it was substituted for the companion bill HF 590 and was approved by the House. It will go to the governor for signature. To ask her not to sign the bill call 515-281-5211 or leave a message on her website to https://governor.iowa.gov/constituent-services/register-an-opinion

WAGE DISCRIMINATION

HF 188 & SF 139 are similar bills. The main provisions are: 1. prohibit employers from asking for an applicant’s previous salary history and 2. employees would be allowed to discuss their salary and benefits without retribution. These are provisions in the proposed Paycheck Fairness Act which has been introduced for a number of years in Congress. Similar bills have been introduced in the Iowa Legislature for a number of years and have not gotten consideration in committee. Contact House Labor Committee chair Deyoe dave.deyoe@legis.iowa.gov and Senate Labor and Business Relations Committee chair Whiting zach.whiting@legis.iowa.gov to ask that the committee approve the bill before the March 5 funnel date.

BILLS AND FIRST FUNNEL

Quite a few bills are being introduced because legislators and committees have only two more weeks before the first funnel date. Policy-type bills must be approved by a committee before that date in order to remain “alive” for consideration by the full chamber. Appropriations bills generally don’t need to approved by a committee before the first funnel date.

As of Friday, there were 427 Senate bills and 214 Senate Study Bills. In the House, there are 621 bills and 226 House Study Bills. Not all are new bills–a bill gets a new number after approval by a committee, so you’ll see a notation “successor to . . .” on the listing of legislation monitored.

When you review the list of bills, note in the last column what action has been taken with the bill.

VOTING

This week two large, 36 page bills on voting were rushed through the House and Senate–introduced on the 16th and approved by the respective committees on the 18th. This is similar to the approach many of you will recall from the 2017 session when legislation was moved along very quickly with little opportunity for public comment.

The House is holding a Public Hearing on Monday, February 22 at 5:00 PM on HF 590 (successor to HSB 213). I’m providing the link so that, if you want, you can comment prior to the hearing or you can indicate that you want to comment during the hearing, or use the link to watch the hearing. Generally, public hearings last about an hour, though I don’t know how long this one could go on. There will likely be a limited number who will be called on to speak. https://www.legis.iowa.gov/committees/publicHearings?ga=89

The Des Moines Register had a good article on February 19 about the voting bills.

HF 590 and SF 413 are both huge bills, but basically here are the main items:

Absentee ballots may be requested beginning 70 days before an election – currently 120 days.
Absentee ballots may be returned 18 days before an election – currently 29 days before.
Early in-person voting could begin 18 days before an election – currently 29 days before.
County auditors cannot send a blank absentee ballot request form to all voters – voter must mail or drop-off a request form they’ve printed or gotten from volunteers, political party, etc.
County auditors cannot pre-fill any voter information on the request form – may only print the date and type of election on the form.
Completed absentee ballots may be mailed or dropped off by the voter as in previous years, but if the voter is unable to, only immediate family members, household members, or caregivers (& certain election officials) would be able drop-off an absentee ballot in person under this proposed bill. Neighbors, friends, volunteers, etc. would be prohibited from doing so.
County auditors would be able to have ONE absentee ballot drop box for the entire county.
County auditors cannot set up satellite voting stations unless someone presents a petition signed by 100 eligible voters, requesting one – currently auditors make the decision if and where to set them up, such as at libraries, community centers, or college campuses.
Voters would be moved to the “inactive” voter list if they don’t vote in the previous general election, meaning they would need to register to vote again and potentially causing a great deal of confusion for voters. Currently voter are not placed on the “inactive” list unless they do not vote in two previous general elections.
There are numerous provisions in the legislation that limit the authority of county auditors and provide for fines up to $10,000 and jail time if they or other election officials intentionally or unintentionally violate some procedure in these bills.

There are other provisions regarding nominating candidates, what county election officials (Auditors) and the state election official (Secretary of State) can and cannot do, provisions for reconciling numbers of ballots, and observers at polls.

A few points you may want to consider in contacting legislators :

Persons with disabilities, elderly voters, those without transportation and those who are concerned about their absentee ballot being delivered through the mail all are disadvantaged by these changes.

When we are able to travel again, some voters may have a difficult time returning absentee ballots if they happen to be gone during the 18 days when they can be mailed or delivered prior to an election, especially in light of the restrictions on who can drop off the ballots.

People make mistakes! Who would want to be a county auditor considering the conditions in this bill and the financial and other consequences for errors they make.

The shorter timeframe for election offices to handle absentee ballot requests and the processing of returned absentee ballots may require hiring additional staff and increased expense.

Some Republican legislators have stated that these changes are needed because of election fraud, but according to the Secretary of State’s office, only three Iowans have been charged with election-related fraud in the 2020 election. Similar bills with provisions restricting voting access have been introduced in over 30 states this year. Facts simply don’t support allegations of widespread voting fraud.

FYI–The only groups registered in support of the legislation are the Opportunity Solutions Project, Iowa Minuteman Civil Defense Corps and the Kirkwood Institute. Many more are registered as against the bills.

Contacts with your Representative regarding HF 590 and Senator regarding SF 413 should be made soon since the bills may very well be voted on by the respective chamber next week.

See the list of legislation for other voting bills – SSB 1204, HF 541, SF 382 and SF 381

This message is quite long already, so I’ll just point out a few other newer bills for your attention. See the entire bill at the legislature website www.legis.iowa.gov. – use the legislation tab. Some are good bills and others are more problematic.

CIVIL RIGHTS, CONSTITUTIONAL AMENDMENTS . . .

HSB 220 – libraries can’t restrict who can use library – IA Library Association opposes

EDUCATION

SSB 1205, HF 420 – curricula “characteristics of American Culture” and HF 568 –speech and expression, HF 222 – prohibit use of 1619 Project curricula

HIGHER EDUCATION

HF 533 – free speech and SSB 1205 – first amendment rights

HUMAN TRAFFICKING

SF 305 – task force

INDEPENDENT PRIVATE INSTRUCTION

SF 400 – reporting, evaluation, qualifications of instructor

REPRODUCTIVE HEALTH

HF 570 – comprehensive data re: unintended pregnancies, contraception and IA Family Planning Network

SEXUAL ABUSE, ASSAULT

HF 603 – sexual assault forensic examiner program

STATE GOVERNMENT

SF 423 – eliminates Senate approval for governor’s appointees to 23 boards and commissions – consolidates more power in the hands of the governor to select potential political appointees

Capitol Corps and board,

There are several lengthy and important bills that were introduced yesterday and today.

SSB 1205 was introduced yesterday afternoon, a subcommittee assigned and scheduled to meet this afternoon at 2 PM – barely 24 hours notice. Another case of a substantive bill being rushed through with little opportunity for notice or citizen input. The link for the meeting is below.

The name/description of the bill is “A bill for an act providing for training, prohibitions, and requirements relating to first amendment rights at school districts and public postsecondary educational institutions.” It applies to faculty, staff, student organizations and students.

Here’s the link to read the text https://www.legis.iowa.gov/legislation/BillBook?ba=SSB1205&ga=89

Pay attention especially to Sections 3, 7 and 8, but the whole bill is problematic and to me seems to contain contradictory statements. And much of the wording is subject to interpretation.

I wanted to get this message to you in case you want to comment to the subcommittee or watch the meeting, so I don’t have time to summarize the bill. Take a look at the explanation at the end if nothing else.

Also, if you have time, read SSB 1199, “A bill for an act relating to the conduct of elections, including absentee ballots and voter list maintenance activities, making penalties applicable, and including effective date provisions.” It’s another large bill (36 pages) introduced yesterday and scheduled for subcommittee today. Another case of a substantive bill being rushed through with little opportunity for notice or citizen input. The explanation section itself is 8 pages long. Lots of problems with this one also–too much to summarize right now, but proposals related to restricting county election officials (e.g. can’t pre-fill voter info on absentee ballot, voter lists, timelines for absentee ballots, restricts who can collect and deliver absentee ballots, etc. HSB 213 is a similar bill introduced yesterday in the House.

February 13

This email is sent to the AAUW Iowa Board of Directors, Capitol Corps and branch presidents and public policy directors.

LEGISLATION

The listing of bills we’re monitoring (as of 2-12-21) is attached. Remember that they relate in some way to public policy priorities and are listed for your information, but are not necessarily ones on which we’ll take action. That said, you may still wish to contact legislators about bills of particular interest to you.

A number of new bills were introduced this week. There are now 357 bills and 192 study bills in the Senate and 500 bills and 200 study bills in the House. Some are bills that were renumbered after being approved by a committee.

SF 159

You’ll recall that the governor’s education bill (introduced as SSB 1065) was passed in the Senate and sent to the House, which has not yet acted on it. The bill may not have enough support to pass in the form passed by the Senate. The House may break it into separate bills and take action on portions of the massive bill. Information was previously provided regarding this legislation. Continue to let your Representative know about concerns with this bill.

SESSION CALENDAR

The first “funnel date” is March 5, the date by which policy type bills must be approved by a House or Senate committee in order to remain eligible for consideration this session. This date does not apply to appropriation bills.