Iowa HF 2123: A bill for an act directing the Iowa utilities board to require that energy efficiency plans and programs be developed and provided by an entity appointed by the board.

Bill Text

House
File
2123
-
Introduced

HOUSE
FILE
2123

BY
FETT

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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2123

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.
35

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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
35

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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
stat