Capitol Notebook: Change to Iowa’s anti-bullying law headed to Gov. Reynolds

DES MOINES — The definition that public schools use to identify bullying would change under legislation headed to Gov. Kim Reynolds to be signed into law.

Iowa Code defines bullying and harassment as “any electronic, written, verbal, or physical act or conduct toward a student which is based on any actual or perceived trait or characteristic of the student and which creates an objectively hostile school environment.”

Perceived traits or characteristics in the code include but are not limited to race, sex, sexual orientation, religion, gender identity, political party preference, age, creed, socioeconomic status and physical or mental ability.

House File 865 changes the definition of bullying and harassment by removing the list and reference to perceived traits and characteristics from the definition, and instead define it as “repeated and targeted” behavior that create a hostile school environment.

The Senate on Tuesday passed the bill along party lines, 32-16, with Democrats opposed. The bill passed out of the Iowa House in March, and now heads to Reynolds’ desk for her signature.

Republicans said the change is needed because some schools are not addressing bullying incidents if a student is being bullied for a reason not related to a listed trait.

“The problem has become that some schools only believe that behavior qualifies as bullying and harassment when the behavior is based on traits listed in the law,” Sen. Sandy Salmon, the bill’s floor manager, a Republican from Janesville, said during debate. “Therefore, those schools don't believe they are required to act unless the behavior is based on one of the traits listed; those school officials believing their hands are tied. This has resulted in unequal treatment of students and under reporting bullying.”

Democrats argued that the bill will make it harder for schools to address bullying and will make it harder for families and students to seek protection from schools.

Sen. Sarah Trone Garriott, D-West Des Moines, said removing perceived traits and characteristics from the definition of bullying and harassment would make if more difficult for schools to see trends in bullying.

“… What this legislation does is it throws out guidance,” Trone Garriott said. “It makes it harder for families to bring forth cases of bullying and get responses. … In order to have it listed, it helps students. It helps schools. It helps families be able to identify what counts as bullying, but it also helps us to track what kind of bullying is happening in our schools. … This bill is not going to protect anyone. It's going to make our students more vulnerable.”

Lawmakers advance bill to create state-facilitated retirement savings plan

Iowans who lack access to a retirement plan through their jobs could have automatic payroll deductions made into a state-facilitated retirement savings program under legislation advanced by lawmakers Tuesday.

Senate Study Bill 1234 would create an Iowa retirement savings plan trust under the office of the Treasurer of State.

Under the bill, certain employers that do not offer a qualified retirement plan would be required to participate in the program and allow their employees to contribute a portion of their wages to the fund through a payroll deduction. Employers are not required to contribute to the plans.

Employees can choose to participate, change contribution amounts, or opt out at any time. Contributions would be deposited into a post-tax Roth IRA. Businesses only need to enroll their workers and process payroll deductions, said bill author Sen. Tim Kraayenbrink, a Republican from Fort Dodge and chair of the Senate budget committee.

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About 40 percent of the private-sector workforce in Iowa lack access to a retirement plan through their jobs, and workers are 15 times more likely to save for retirement if they set up a payroll deduction than if they have to make a cash contribution on their own, said Molly Widen with the Iowa State Treasurer's Office.

One in five Americans age 50 and older have no retirement savings, according to a 2024 AARP survey.

As of February, 20 states have enacted a state retirement savings program, according to The Harkin Institute at Drake University.

“Their programs are pretty mature, a decade or older, so they're getting to the point where research on that implementation is now viable,” Widen said. “And there's actually a large growth in private retirement plans in all of the states that have implemented this public option. So … in states where a lot of smaller businesses were told they either have to join the public plan or provide your own have actually chosen to start up their own plan to provide their employees” with a retirement savings plan.

Kraayenbrink said his goal is to stave off an impending crisis of retirees who have little or nothing to rely on beyond Social Security.

A three-member subcommittee unanimously signed off to advance the bill to the full Senate Appropriations Committee.

“I know both red and blue states across the country have implemented this with great success. I believe Iowa needs to do more to help people build their retirement, and I think this is a great idea,” said Sen. Janet Petersen, D-Des Moines, who served on the subcommittee with Kraayenbrink and Sen. David Rowley, R-Spirit Lake.

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Lawmakers removed from professional right to carry permit expansion

The Iowa Senate amended legislation to remove state lawmakers from a bill that would authorize judicial officers and members of the Attorney General’s Office to be issued a professional permit to carry weapons.

The Iowa House in March amended the bill to add a provision authorizing members of the Iowa General Assembly, along with judicial officers, the Attorney General and their deputies and assistants, to be issued permits allowing them to carry a firearm anywhere in the state at all times, including on the grounds of a school.

The Senate struck the provision with no debate on Tuesday.

When issuing a permit, the sheriff of the issuing county may require a judicial officer or member of the Attorney General's Office to complete a proficiency examination. The standards for a proficiency examination shall not exceed the standards required of an Iowa law enforcement officer.

In addition, the Iowa Supreme Court may impose additional training or other requirements on judicial officers who hold a permit issued under the bill.

The amended bill, House File 530, passed the Senate, 43-5, and heads back to the House for further consideration.

Gazette-Lee Des Moines Bureau