Text: HF02329 Text: HF02331 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 8.6, subsection 12, Code 1995, is 1 2 amended by striking the subsection. 1 3 Sec. 2. Section 12.43, subsection 1, Code 1995, is amended 1 4 to read as follows: 1 5 1. "Targeted small business" means a small business as 1 6 defined in section 15.102, subsection 5. 1 7 Sec. 3. Section 15.102, subsection 4, Code 1995, is 1 8 amended to read as follows: 1 9 4. "Small business" or "targeted small business" means any 1 10 enterprise which is located in this state, which is operated 1 11 for profit and under a single management, and which has either 1 12 fewer than twenty employees or an annual gross income of less 1 13 than three million dollars computed as the average of the 1 14 three preceding fiscal years. This definition does not apply 1 15 to any program or activity for which a definition for small 1 16 business is provided for the program or activity by federal 1 17 law or regulation or other state law. 1 18 Sec. 4. Section 15.102, subsection 5, Code 1995, is 1 19 amended by striking the subsection. 1 20 Sec. 5. Section 15.247, subsection 1, Code 1995, is 1 21 amended to read as follows: 1 22 1. As used in this section, "small business" and "targeted 1 23 small business" mean the same as defined in section 15.102,1 24subsections 4 and 5. 1 25 Sec. 6. Section 15.264, subsection 7, paragraph a, Code 1 26 1995, is amended by striking the paragraph. 1 27 Sec. 7. Section 16.9, subsection 3, Code 1995, is amended 1 28 by striking the subsection. 1 29 Sec. 8. Section 16.9, subsection 5, Code 1995, is amended 1 30 to read as follows: 1 31 5. The authority mayrequirerequest mortgage lenders who 1 32 participate in programs financed or otherwise assisted by the 1 33 authority to takeaffirmativeaction to make available 1 34 mortgage loans in areas with a higher than average 1 35 concentration of lower-income familiesor members of racial or2 1ethnic minorities. 2 2 Sec. 9. Section 19A.1, subsection 2, paragraph d, Code 2 3 1995, is amended by striking the paragraph. 2 4 Sec. 10. Section 19A.1, subsection 3, paragraph d, Code 2 5 1995, is amended by striking the paragraph. 2 6 Sec. 11. Section 19B.1, Code 1995, is amended to read as 2 7 follows: 2 8 As used in this chapter unless the context otherwise 2 9 requires,:2 101. "Affirmative action" means action appropriate to2 11overcome the effects of past or present practices, policies,2 12or other barriers to equal employment opportunity.2 132."Statestate agency" means an office, bureau, division, 2 14 department, board, or commission in the executive branch of 2 15 state government. 2 16 Sec. 12. Section 19B.2, unnumbered paragraph 1, Code 1995, 2 17 is amended to read as follows: 2 18 It is the policy of this state to provide equal opportunity 2 19 in state employment to all persons. An individual shall not 2 20 be denied equal access to or be granted preferential treatment 2 21 for state employment opportunities because of race, creed, 2 22 color, religion, national origin, sex, age, or physical or 2 23 mental disability.It also is the policy of this state to2 24apply affirmative action measures to correct deficiencies in2 25the state employment system where those remedies are2 26appropriate.This policy shall be construed broadly to 2 27 effectuate its purposes. 2 28 Sec. 13. Section 19B.3, Code 1995, is amended to read as 2 29 follows: 2 30 19B.3 ADMINISTRATIVE RESPONSIBILITIES OF DEPARTMENT OF 2 31 PERSONNEL AND BOARD OF REGENTS. 2 32 1. The department of personnel is responsible for the 2 33 administration and promotion of equal opportunityand2 34affirmative actionefforts in the recruitment, appointment, 2 35 assignment, and advancement of personnel by all state agencies 3 1 except the state board of regents and the institutions under 3 2 its jurisdiction. In carrying out this responsibility the 3 3 department shall do all of the following with respect to state 3 4 agencies other than the state board of regents and its 3 5 institutions: 3 6a. Designate a position as the state affirmative action3 7administrator.3 8b. Propose affirmative action standards applicable to each3 9state agency based on the population of the community in which3 10the agency functions, the population served by the agency, or3 11the persons that can be reasonably recruited.3 12c. Gather data necessary to maintain an ongoing assessment3 13of affirmative action efforts in state agencies.3 14d. Monitor accomplishments with respect to affirmative3 15action remedies identified in affirmative action plans of3 16state agencies.3 17e.a. Conduct studies of preemployment and postemployment 3 18 processes in order to evaluate employment practices and 3 19 develop improved methods of dealing with all employment issues 3 20 related to equal employment opportunityand affirmative3 21action. 3 22f. Establish a state recruitment coordinating committee to3 23assist in addressing affirmative action recruitment needs,3 24with members appointed by the director of the department of3 25personnel.3 26g.b. Address equal opportunityand affirmative action3 27 training needs of all state agencies by: 3 28 (1) Providing appropriate training for managers and 3 29 supervisors. 3 30 (2) Insuring that all state agencies make training 3 31 available for all staff members whose duties relate to 3 32 personnel administration. 3 33 (3) Investigating means for training in the area of career 3 34 development. 3 35h.c. Coordinate and develop equal employment opportunity 4 1 reports, including the initiation of the processes necessary4 2for the completion of the annual EEO-4 reportas required by 4 3thefederalequal employment opportunity commissionlaw. 4 4i. Address equal opportunity and affirmative action4 5policies with respect to employee benefits and leaves of4 6absence.4 7j. Adopt equal employment opportunity and affirmative4 8action rules in accordance with chapter 17A.4 9 2. The state board of regents is responsible for the 4 10 administration and promotion of equal opportunityand4 11affirmative actionefforts in the recruitment, appointment, 4 12 assignment, and advancement of personnel by the board and the 4 13 institutions under its jurisdiction. In carrying out this 4 14 responsibility the board shall do all of the following with 4 15 respect to the board and its institutions: 4 16a. Designate a position as the regents' affirmative action4 17coordinator.4 18b. Propose affirmative action standards applicable to the4 19board and each institution under its jurisdiction.4 20c. Gather data necessary to maintain an ongoing assessment4 21of affirmative action efforts.4 22d. Monitor accomplishments with respect to affirmative4 23action remedies identified in affirmative action plans.4 24e.a. Conduct studies of preemployment and postemployment 4 25 processes in order to evaluate employment practices and 4 26 develop improved methods of dealing with all employment issues 4 27 related to equal employment opportunityand affirmative4 28action. 4 29f. Establish an equal employment committee to assist in4 30addressing affirmative action needs, including recruitment.4 31g.b. Address equal opportunityand affirmative action4 32 training needs by: 4 33 (1) Providing appropriate training for managers and 4 34 supervisors. 4 35 (2) Insuring that the board and its institutions make 5 1 training available for all staff members whose duties relate 5 2 to personnel administration. 5 3 (3) Investigating means for training in the area of career 5 4 development. 5 5h.c. Require development of equal employment opportunity 5 6 reports, including the initiation of the processes necessary5 7for the completion of the annual EEO-6 reportsas required by 5 8thefederalequal employment opportunity commissionlaw. 5 9i. Address equal opportunity and affirmative action5 10policies with respect to employee benefits and leaves of5 11absence.5 12j. Adopt equal employment opportunity and affirmative5 13action rules in accordance with chapter 17A.5 14 Sec. 14. Section 19B.6, Code 1995, is amended to read as 5 15 follows: 5 16 19B.6 RESPONSIBILITIES OF DEPARTMENT OF MANAGEMENT–5 17AFFIRMATIVE ACTION. 5 18 The department of management shall oversee the 5 19 implementation of sections 19B.1 through19B.519B.3 and shall 5 20 work with the governor to ensure compliance with those 5 21 sections, including the attainment of affirmative action goals5 22and timetables,by all state agencies, including the state 5 23 board of regents and its institutions. 5 24 Sec. 15. Section 19B.7, subsection 1, paragraph a, 5 25 subparagraph (2), Code 1995, is amended by striking the 5 26 subparagraph. 5 27 Sec. 16. Section 19B.7, subsection 1, paragraph d, Code 5 28 1995, is amended to read as follows: 5 29 d. Report results under the contract compliance policy to 5 30 the governor and the general assembly on an annual basis.The5 31report shall detail specific efforts to promote equal5 32opportunity through state contracts and services and efforts5 33to promote, develop, and stimulate the utilization of5 34minority, women's, and disadvantaged business enterprises in5 35programs receiving or benefiting from state financial6 1assistance. 6 2 Sec. 17. Section 19B.11, subsections 1 and 2, Code 1995, 6 3 are amended to read as follows: 6 4 1. It is the policy of this state to provide equal 6 5 opportunity in school district, area education agency, and 6 6 community college employment to all persons. An individual 6 7 shall not be denied equal access to or be granted preferential 6 8 treatment for school district, area education agency, or 6 9 community college employment opportunities because of race, 6 10 creed, color, religion, national origin, sex, age, or physical 6 11 or mental disability.It also is the policy of this state to6 12apply affirmative action measures to correct deficiencies in6 13school district, area education agency, and community college6 14employment systems where those remedies are appropriate.This 6 15 policy shall be construed broadly to effectuate its purposes. 6 16 2. The director of the department of education shall 6 17 actively promote fair employment practices for all school 6 18 district, area education agency, and community college 6 19 employeesand the state board of education shall adopt rules6 20requiring specific steps by school districts, area education6 21agencies, and community colleges to accomplish the goals of6 22equal employment opportunity and affirmative action in the6 23recruitment, appointment, assignment, and advancement of6 24personnel.Each school district, area education agency, and6 25community college shall be required to develop affirmative6 26action standards which are based on the population of the6 27community in which it functions, the student population6 28served, or the persons who can be reasonably recruited.The 6 29 director of education shall consult with the department of 6 30 personnel in the performance of duties under this section. 6 31 Sec. 18. Section 73.16, subsection 2, unnumbered paragraph 6 32 3, Code 1995, is amended by striking the unnumbered paragraph. 6 33 Sec. 19. Section 261.9, subsection 1, paragraph e, Code 6 34 1995, is amended by striking the paragraph. 6 35 Sec. 20. Section 261.18, subsection 1, Code 1995, is 7 1 amended to read as follows: 7 2 1. There is established an osteopathic grant program for 7 3 resident students who are enrolled in the university of 7 4 osteopathic medicine and health sciences of Des Moines, Iowa. 7 5 The osteopathic grant program shall be administered by the 7 6 commission in the manner provided in this section.The7 7commission shall initiate an affirmative action program to7 8ensure equal opportunity for participation by women, men, and7 9minority students in the program provided for in this section.7 10 Sec. 21. Section 261.92, subsection 1, paragraph b, Code 7 11 1995, is amended by striking the paragraph. 7 12 Sec. 22. Section 602.1204, subsection 2, Code 1995, is 7 13 amended to read as follows: 7 14 2. The state court administrator may issue directives 7 15 relating to the management of the department. The subject 7 16 matters of these directives shall include, but need not be 7 17 limited to, fiscal procedures, the judicial retirement system, 7 18 and the collection and reporting of statistical and other 7 19 data.The directives shall provide for an affirmative action7 20plan which shall be based upon guidelines provided by the Iowa7 21state civil rights commission.In addition, when establishing 7 22 salaries and benefits the state court administrator shall not 7 23 discriminate in the employment or pay between employees on the 7 24 basis of gender by paying wages to employees at a rate less 7 25 than the rate at which wages are paid to employees of the 7 26 opposite gender for work of comparable worth. As used in this 7 27 section "comparable worth" means the value of work as measured 7 28 by the composite of the skill, effort, responsibility, and 7 29 working conditions normally required in the performance of 7 30 work. 7 31 Sec. 23. Section 602.1209, subsection 3, Code 1995, is 7 32 amended to read as follows: 7 33 3. Authorize the filling of vacant court-employee 7 34 positions,and review the qualifications of each person to be 7 35 employed within the department, and assure that affirmative8 1action goals are being met by the department. The state court 8 2 administrator shall not approve the employment of a person 8 3 when either the proposed terms and conditions of employment or 8 4 the qualifications of the individual do not satisfy personnel 8 5 policies of the department. The administrator shall implement 8 6 the comparable worth directives issued under section 602.1204, 8 7 subsection 2 in all court employment decisions. 8 8 Sec. 24. REPEAL. 8 9 1. Sections 19B.4, 19B.8, 314.14 and 314.15, Code 1995, 8 10 are repealed. 8 11 2. Section 19B.5, Code Supplement 1995, is repealed. 8 12 EXPLANATION 8 13 The bill establishes that the policy of this state is to 8 14 ensure equal opportunity in state employment, contracts, and 8 15 services by not denying or giving preference to a person for 8 16 these benefits based on race, creed, color, religion, national 8 17 origin, sex, age, or physical or mental disability. Current 8 18 law only provides that these benefits not be denied based on 8 19 the previously listed minority status. This bill deletes 8 20 provisions defining and establishing affirmative action 8 21 programs in the Code. The bill also repeals the section 8 22 authorizing the department of management to impose sanctions 8 23 on state agencies and the board of regents and other 8 24 educational agencies to ensure compliance with affirmative 8 25 action programs. 8 26 The bill also eliminates the definition of "targeted small 8 27 business" which was based on the owner of the small business 8 28 being a woman, minority, or disabled person. Instead, 8 29 "targeted small business" is defined the same as "small 8 30 business" pursuant to section 15.102. 8 31 The bill also repeals the contract set-aside for 8 32 disadvantaged businesses for contracts with the state 8 33 department of transportation. 8 34 LSB 3385HH 76 8 35 ec/jj/8.3
Text: HF02329 Text: HF02331 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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