House File 602 - Introduced
HOUSE FILE
BY RAECKER
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to antiharassment and antibullying in the public
2 arena and providing a penalty.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 2741YH 82
5 kh/cf/24
PAG LIN
1 1 Section 1. NEW SECTION. 68B.40 ANTIHARASSMENT AND
1 2 ANTIBULLYING RULES == IMMUNITY.
1 3 1. PURPOSE == FINDINGS == POLICY. The general assembly
1 4 finds that in order to create a safe and civil environment for
1 5 youth, it is the responsibility of members of the general
1 6 assembly, the governor, and candidates for the general
1 7 assembly and the office of governor to model the dignity and
1 8 respect that is legally required of school age youth.
1 9 Therefore, it is also the policy of this state that members of
1 10 the general assembly, the governor, and candidates for the
1 11 general assembly and the office of governor shall not engage
1 12 in harassing or bullying behavior.
1 13 2. DEFINITIONS. For purposes of this section, unless the
1 14 context otherwise requires:
1 15 a. "Electronic" means any communication involving the
1 16 transmission of information by wire, radio, optical cable,
1 17 electromagnetic, or other similar means. "Electronic"
1 18 includes but is not limited to communication via electronic
1 19 mail, internet=based communications, pager service, cell
1 20 phones, and electronic text messaging.
1 21 b. "Harassment" and "bullying" shall be construed to mean
1 22 any electronic, written, verbal or physical act or conduct
1 23 toward a member of the general assembly or the governor or
1 24 candidate for the general assembly or the office of governor
1 25 which is based on any actual or perceived trait or
1 26 characteristic of the member, governor, or candidate and which
1 27 creates an objectively hostile environment that meets one or
1 28 more of the following conditions:
1 29 (1) Places the member, governor, or candidate in
1 30 reasonable fear of harm to the member's, governor's, or
1 31 candidate's person or property.
1 32 (2) Has a substantially detrimental effect on the
1 33 member's, governor's, or candidate's physical or mental
1 34 health.
1 35 (3) Has the effect of substantially interfering with the
2 1 member's, governor's, or candidate's public service or
2 2 campaign performance.
2 3 (4) Has the effect of substantially interfering with the
2 4 member's, governor's, or candidate's ability to participate in
2 5 or benefit from the services, activities, or privileges
2 6 provided by the local community or state.
2 7 c. "Trait or characteristic of the member, governor, or
2 8 candidate" includes but is not limited to age, color, creed,
2 9 national origin, race, religion, marital status, sex, sexual
2 10 orientation, gender identity, physical attributes, physical or
2 11 mental ability or disability, ancestry, political party
2 12 preference, political belief, socioeconomic status, or
2 13 familial status.
2 14 d. "Volunteer" means an individual who has regular,
2 15 significant contact with a member of the general assembly, the
2 16 governor, or a candidate for the general assembly or the
2 17 office of governor.
2 18 3. RULES. On or before September 1, 2007, the Iowa ethics
2 19 and campaign disclosure board shall adopt rules declaring
2 20 harassment and bullying in the public arena, regardless of its
2 21 location, in a manner consistent with this section, as against
2 22 state policy pursuant to this section and against the board's
2 23 administrative rules. The board shall make a copy of the
2 24 rules available to all general assembly members, the governor,
2 25 and candidates for the general assembly or the office of
2 26 governor, campaign committees, political committees, and
2 27 volunteers, and shall take all appropriate steps to bring the
2 28 state policy against harassment and bullying and the
2 29 responsibilities set forth in the rules to the attention of
2 30 all Iowans. The rules shall, at a minimum, include all of the
2 31 following components:
2 32 a. A statement declaring harassment and bullying to be
2 33 against state policy and the board's administrative rules.
2 34 The rules shall include but not be limited to the following
2 35 components:
3 1 (1) Members of the general assembly, the governor, and
3 2 candidates for the general assembly and the office of governor
3 3 shall not engage in harassing and bullying behavior.
3 4 (2) Members of the general assembly, the governor, and
3 5 candidates for the general assembly and the office of governor
3 6 shall not engage in reprisal, retaliation, or false accusation
3 7 against a victim, witness, or an individual who has reliable
3 8 information about such an act of harassment or bullying.
3 9 b. A definition of harassment and bullying as set forth in
3 10 this section.
3 11 c. A description of the type of behavior expected from
3 12 members of the general assembly, the governor, and candidates
3 13 for the general assembly and the office of governor relative
3 14 to prevention measures, reporting, and investigation of
3 15 harassment or bullying.
3 16 d. The consequences and appropriate remedial action for a
3 17 person who violates the antiharassment and antibullying
3 18 administrative rules.
3 19 e. A procedure for reporting an act of harassment or
3 20 bullying, including the identification by job title of the
3 21 state official responsible for ensuring that the rules are
3 22 implemented, and the identification of the person or persons
3 23 responsible for receiving reports of harassment or bullying.
3 24 f. A procedure for the prompt investigation of complaints,
3 25 identifying the ethics and campaign disclosure board as the
3 26 state agency responsible for conducting the investigation,
3 27 including a statement that investigators will consider the
3 28 totality of circumstances presented in determining whether
3 29 conduct objectively constitutes harassment or bullying under
3 30 this section.
3 31 g. A statement of the manner in which the rules will be
3 32 publicized.
3 33 4. PROGRAMS ENCOURAGED. Members of the general assembly,
3 34 the governor, and candidates for the general assembly and the
3 35 office of the governor are encouraged to establish programs
4 1 designed to eliminate harassment and bullying in the public
4 2 arena. To the extent that funds are available for these
4 3 purposes, statewide political committees shall do the
4 4 following:
4 5 a. Provide training on antiharassment and antibullying
4 6 policies to members of the general assembly, the governor, and
4 7 candidates for the general assembly and the office of
4 8 governor.
4 9 b. Develop a process to provide members of the general
4 10 assembly, the governor, and candidates for the general
4 11 assembly and the office of governor with the skills and
4 12 knowledge to help reduce incidents of harassment and bullying.
4 13 5. IMMUNITY. A resident of this state who promptly,
4 14 reasonably, and in good faith reports an incident of
4 15 harassment or bullying, in compliance with the procedures in
4 16 the rules adopted pursuant to this section, to the ethics and
4 17 campaign disclosure board, shall be immune from civil or
4 18 criminal liability relating to such report and to
4 19 participation in any administrative or judicial proceeding
4 20 resulting from or relating to such report.
4 21 6. COLLECTION REQUIREMENT. The ethics and campaign
4 22 disclosure board shall develop and maintain a system to
4 23 collect harassment and bullying incidence data.
4 24 7. INTEGRATION OF POLICY AND REPORTING. The ethics and
4 25 campaign disclosure board and the office of secretary of state
4 26 shall integrate the antiharassment and antibullying rules
4 27 adopted by the board into the official registration documents
4 28 for members of the general assembly, the governor, and
4 29 candidates for the general assembly and the office of governor
4 30 and shall report data collected under subsection 6, as
4 31 specified by the board, to the general public.
4 32 8. EXISTING REMEDIES NOT AFFECTED. This section shall not
4 33 be construed to preclude a victim from seeking administrative
4 34 or legal remedies under any applicable provision of law.
4 35 9. PENALTY. The board shall issue an order requiring a
5 1 person who violates the provisions of this section to pay a
5 2 civil penalty of not more than two thousand dollars for each
5 3 violation of this section.
5 4 10. FUND. An antiharassment and antibullying fund is
5 5 created within the office of the treasurer of state to be
5 6 administered by the board. Moneys collected by the board
5 7 pursuant to this section shall be deposited in the fund and
5 8 shall be distributed by the board to the general assembly and
5 9 to the office of governor to fund the implementation of a
5 10 proactive and pervasive process of character development and
5 11 to state political committees to provide professional
5 12 development for members of the general assembly, the governor,
5 13 and candidates for the general assembly and the office of
5 14 governor.
5 15 EXPLANATION
5 16 This bill establishes a state policy prohibiting members of
5 17 the general assembly, the governor, and candidates for the
5 18 general assembly and the office of governor from engaging in
5 19 harassing or bullying behavior, and directs the Iowa ethics
5 20 and campaign disclosure board to adopt administrative rules
5 21 declaring harassment and bullying in the public arena against
5 22 state policy and board rules. The bill authorizes the board
5 23 to order a person who violates the board's rules to pay a
5 24 civil penalty of not more than $2,000 per violation. The bill
5 25 also establishes an antiharassment and antibullying fund under
5 26 the board's control for deposit of the funds resulting from
5 27 enforcement of the penalty.
5 28 The board must make copies of the rules available to all
5 29 members, the governor, candidates, campaign committees,
5 30 political committees, and volunteers, and bring the state
5 31 policy against harassment and bullying and the
5 32 responsibilities set forth in the rules to the attention of
5 33 all Iowans.
5 34 The rules must also, at a minimum, prohibit members, the
5 35 governor, and candidates from engaging in reprisal,
6 1 retaliation, or false accusation against a victim, witness, or
6 2 an individual who has reliable information about such an act
6 3 of harassment or bullying. The rules must include the
6 4 definition of harassment and bullying as set forth in the
6 5 bill, which includes harassment or bullying by electronic
6 6 means; a description of the type of behavior expected from
6 7 members, the governor, and candidates relative to prevention
6 8 measures, reporting, and investigation of harassment or
6 9 bullying; the consequences and appropriate remedial action for
6 10 a person who violates the rules; a procedure for reporting an
6 11 act of harassment or bullying; a procedure for the prompt
6 12 investigation of complaints; and a statement of the manner in
6 13 which the rules will be publicized.
6 14 Members, the governor, and candidates are encouraged to
6 15 establish programs designed to eliminate harassment and
6 16 bullying in the public arena.
6 17 The bill provides immunity for an Iowa resident, who
6 18 promptly, reasonably, and in good faith reports an incident of
6 19 harassment or bullying, from civil or criminal liability and
6 20 to participation in any administrative or judicial proceeding
6 21 resulting from or relating to such report.
6 22 The board is directed to develop and maintain a system to
6 23 collect harassment and bullying incidence data. The board and
6 24 the office of secretary of state must integrate the
6 25 antiharassment and antibullying rules into the official
6 26 registration documents for members, the governor, and
6 27 candidates and report the data collected by the board to the
6 28 general public.
6 29 LSB 2741YH 82
6 30 kh:rj/cf/24