Text: SF00092 Text: SF00094 Text: SF00000 - SF00099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 8.6, subsection 12, Code 2001, is 1 2 amended by striking the subsection. 1 3 Sec. 2. Section 15.102, subsection 4, Code 2001, is 1 4 amended to read as follows: 1 5 4. "Small business" or "targeted small business" means any 1 6 enterprise which is located in this state, which is operated 1 7 for profit and under a single management, and which has either 1 8 fewer than twenty employees or an annual gross income of less 1 9 than three million dollars computed as the average of the 1 10 three preceding fiscal years. This definition does not apply 1 11 to any program or activity for which a definition for small 1 12 business is provided for the program or activity by federal 1 13 law or regulation or other state law. 1 14 Sec. 3. Section 15.102, subsection 5, Code 2001, is 1 15 amended by striking the subsection. 1 16 Sec. 4. Section 15.247, subsection 1, Code 2001, is 1 17 amended to read as follows: 1 18 1. As used in this section, "small business" and "targeted 1 19 small business" mean the same as defined in section 15.102,1 20subsections 4 and 5. 1 21 Sec. 5. Section 15.264, subsection 7, paragraph a, Code 1 22 2001, is amended by striking the paragraph. 1 23 Sec. 6. Section 16.9, subsection 3, Code 2001, is amended 1 24 by striking the subsection. 1 25 Sec. 7. Section 16.9, subsection 5, Code 2001, is amended 1 26 to read as follows: 1 27 5. The authority may require mortgage lenders who 1 28 participate in programs financed or otherwise assisted by the 1 29 authority to takeaffirmativeaction to make available 1 30 mortgage loans in areas with a higher than average 1 31 concentration of lower-income familiesor members of racial or1 32ethnic minorities. 1 33 Sec. 8. Section 19A.1, subsection 2, paragraph d, Code 1 34 2001, is amended by striking the paragraph. 1 35 Sec. 9. Section 19A.1, subsection 3, paragraph c, Code 2 1 2001, is amended by striking the paragraph. 2 2 Sec. 10. Section 19B.1, Code 2001, is amended to read as 2 3 follows: 2 4 19B.1 DEFINITIONS. 2 5 As used in this chapter unless the context otherwise 2 6 requires:, 2 71. "Affirmative action" means action appropriate to2 8overcome the effects of past or present practices, policies,2 9or other barriers to equal employment opportunity.2 102."Statestate agency" means an office, bureau, division, 2 11 department, board, or commission in the executive branch of 2 12 state government. 2 13 Sec. 11. Section 19B.2, unnumbered paragraph 1, Code 2001, 2 14 is amended to read as follows: 2 15 It is the policy of this state to provide equal opportunity 2 16 in state employment to all persons. An individual shall not 2 17 be denied equal access to or be granted preferential treatment 2 18 for state employment opportunities because of race,creed,2 19 color, religion, national origin, sex, age, or physical or 2 20 mental disability.It also is the policy of this state to2 21apply affirmative action measures to correct deficiencies in2 22the state employment system where those remedies are2 23appropriate.This policy shall be construed broadly to 2 24 effectuate its purposes. 2 25 Sec. 12. Section 19B.3, Code 2001, is amended to read as 2 26 follows: 2 27 19B.3 ADMINISTRATIVE RESPONSIBILITIES OF DEPARTMENT OF 2 28 PERSONNEL AND BOARD OF REGENTS. 2 29 1. The department of personnel is responsible for the 2 30 administration and promotion of equal opportunityand2 31affirmative action efforts in the recruitment, appointment, 2 32 assignment, and advancement of personnel by all state agencies 2 33 except the state board of regents and the institutions under 2 34 its jurisdiction. In carrying out this responsibility the 2 35 department shall do all of the following with respect to state 3 1 agencies other than the state board of regents and its 3 2 institutions: 3 3a. Designate a position as the state affirmative action3 4administrator.3 5b. Propose affirmative action standards applicable to each3 6state agency based on the population of the community in which3 7the agency functions, the population served by the agency, or3 8the persons that can be reasonably recruited.3 9c. Gather data necessary to maintain an ongoing assessment3 10of affirmative action efforts in state agencies.3 11d. Monitor accomplishments with respect to affirmative3 12action remedies identified in affirmative action plans of3 13state agencies.3 14e.a. Conduct studies of preemployment and postemployment 3 15 processes in order to evaluate employment practices and 3 16 develop improved methods of dealing with all employment issues 3 17 related to equal employment opportunityand affirmative3 18action. 3 19f. Establish a state recruitment coordinating committee to3 20assist in addressing affirmative action recruitment needs,3 21with members appointed by the director of the department of3 22personnel.3 23g.b. Address equal opportunityand affirmative action3 24 training needs of all state agencies by: 3 25 (1) Providing appropriate training for managers and 3 26 supervisors. 3 27 (2) Insuring that all state agencies make training 3 28 available for all staff members whose duties relate to 3 29 personnel administration. 3 30 (3) Investigating means for training in the area of career 3 31 development. 3 32h.c. Coordinate and develop equal employment opportunity 3 33 reports, including the initiation of the processes necessary3 34for the completion of the annual EEO-4 reportas required by 3 35thefederalequal employment opportunity commissionlaw. 4 1i. Address equal opportunity and affirmative action4 2policies with respect to employee benefits and leaves of4 3absence.4 4j. Adopt equal employment opportunity and affirmative4 5action rules in accordance with chapter 17A.4 6 2. The state board of regents is responsible for the 4 7 administration and promotion of equal opportunityand4 8affirmative actionefforts in the recruitment, appointment, 4 9 assignment, and advancement of personnel by the board and the 4 10 institutions under its jurisdiction. In carrying out this 4 11 responsibility the board shall do all of the following with 4 12 respect to the board and its institutions: 4 13a. Designate a position as the regents' affirmative action4 14coordinator.4 15b. Propose affirmative action standards applicable to the4 16board and each institution under its jurisdiction.4 17c. Gather data necessary to maintain an ongoing assessment4 18of affirmative action efforts.4 19d. Monitor accomplishments with respect to affirmative4 20action remedies identified in affirmative action plans.4 21e.a. Conduct studies of preemployment and postemployment 4 22 processes in order to evaluate employment practices and 4 23 develop improved methods of dealing with all employment issues 4 24 related to equal employment opportunityand affirmative4 25action. 4 26f. Establish an equal employment committee to assist in4 27addressing affirmative action needs, including recruitment.4 28g.b. Address equal opportunityand affirmative action4 29 training needs by: 4 30 (1) Providing appropriate training for managers and 4 31 supervisors. 4 32 (2) Insuring that the board and its institutions make 4 33 training available for all staff members whose duties relate 4 34 to personnel administration. 4 35 (3) Investigating means for training in the area of career 5 1 development. 5 2h.c. Require development of equal employment opportunity 5 3 reports, including the initiation of the processes necessary5 4for the completion of reportsas required bythefederalequal5 5employment opportunity commissionlaw. 5 6i. Address equal opportunity and affirmative action5 7policies with respect to employee benefits and leaves of5 8absence.5 9j. Adopt equal employment opportunity and affirmative5 10action rules in accordance with chapter 17A.5 11 Sec. 13. Section 19B.6, Code 2001, is amended to read as 5 12 follows: 5 13 19B.6 RESPONSIBILITIES OF DEPARTMENT OF MANAGEMENT–5 14AFFIRMATIVE ACTION. 5 15 The department of management shall oversee the 5 16 implementation of sections 19B.1 through19B.519B.3 and shall 5 17 work with the governor to ensure compliance with those 5 18 sections, including the attainment of affirmative action goals5 19and timetables,by all state agencies, including the state 5 20 board of regents and its institutions. 5 21 Sec. 14. Section 19B.7, subsection 1, paragraph a, 5 22 subparagraph (2), Code 2001, is amended by striking the 5 23 subparagraph. 5 24 Sec. 15. Section 19B.7, subsection 1, paragraph d, Code 5 25 2001, is amended to read as follows: 5 26 d. Report results under the contract compliance policy to 5 27 the governor and the general assembly on an annual basis.The5 28report shall detail specific efforts to promote equal5 29opportunity through state contracts and services and efforts5 30to promote, develop, and stimulate the utilization of5 31minority, women's, and disadvantaged business enterprises in5 32programs receiving or benefiting from state financial5 33assistance.5 34 Sec. 16. Section 19B.11, subsections 1 and 2, Code 2001, 5 35 are amended to read as follows: 6 1 1. It is the policy of this state to provide equal 6 2 opportunity in school district, area education agency, and 6 3 community college employment to all persons. An individual 6 4 shall not be denied equal access to or be granted preferential 6 5 treatment for school district, area education agency, or 6 6 community college employment opportunities because of race, 6 7creed,color, religion, national origin, sex, age, or physical 6 8 or mental disability.It also is the policy of this state to6 9apply affirmative action measures to correct deficiencies in6 10school district, area education agency, and community college6 11employment systems where those remedies are appropriate.This 6 12 policy shall be construed broadly to effectuate its purposes. 6 13 2. The director of the department of education shall 6 14 actively promotefairequal employment practices for all 6 15 school district, area education agency, and community college 6 16 employeesand the state board of education shall adopt rules6 17requiring specific steps by school districts, area education6 18agencies, and community colleges to accomplish the goals of6 19equal employment opportunity and affirmative action in the6 20recruitment, appointment, assignment, and advancement of6 21personnel. Each school district, area education agency, and6 22community college shall be required to develop affirmative6 23action standards which are based on the population of the6 24community in which it functions, the student population6 25served, or the persons who can be reasonably recruited. The 6 26 director of education shall consult with the department of 6 27 personnel in the performance of duties under this section. 6 28 Sec. 17. Section 73.16, subsection 2, unnumbered paragraph 6 29 4, Code 2001, is amended by striking the unnumbered paragraph. 6 30 Sec. 18. Section 261.9, subsection 1, paragraph d, Code 6 31 2001, is amended by striking the paragraph. 6 32 Sec. 19. Section 261.92, subsection 1, paragraph b, Code 6 33 2001, is amended by striking the paragraph. 6 34 Sec. 20. Section 602.1204, subsection 2, Code 2001, is 6 35 amended to read as follows: 7 1 2. The state court administrator may issue directives 7 2 relating to the management of the judicial branch. The 7 3 subject matters of these directives shall include, but need 7 4 not be limited to, fiscal procedures, the judicial retirement 7 5 system, and the collection and reporting of statistical and 7 6 other data.The directives shall provide for an affirmative7 7action plan which shall be based upon guidelines provided by7 8the Iowa state civil rights commission.In addition, when 7 9 establishing salaries and benefits the state court 7 10 administrator shall not discriminate in the employment or pay 7 11 between employees on the basis ofgender by paying wages to7 12employees at a rate less than the rate at which wages are paid7 13to employees of the opposite gender for work of comparable7 14worthsex.As used in this section "comparable worth" means7 15the value of work as measured by the composite of the skill,7 16effort, responsibility, and working conditions normally7 17required in the performance of work.7 18 Sec. 21. Section 602.1208, subsection 3, Code 2001, is 7 19 amended to read as follows: 7 20 3. The state court administrator shall employ staff as 7 21 necessary to perform the duties of the administrator, subject 7 22 to the approval of the supreme court and budget limitations. 7 23The administrator shall implement the comparable worth7 24directives issued under section 602.1204, subsection 2 in all7 25court employment decisions.7 26 Sec. 22. Section 602.1209, subsection 3, Code 2001, is 7 27 amended to read as follows: 7 28 3. Authorize the filling of vacant court-employee 7 29 positions,and review the qualifications of each person to be 7 30 employed within the judicial branch, and assure that7 31affirmative action goals are being met by the judicial branch. 7 32 The state court administrator shall not approve the employment 7 33 of a person when either the proposed terms and conditions of 7 34 employment or the qualifications of the individual do not 7 35 satisfy personnel policies of the judicial branch.The8 1administrator shall implement the comparable worth directives8 2issued under section 602.1204, subsection 2 in all court8 3employment decisions.8 4 Sec. 23. Section 602.1401, subsection 1, Code 2001, is 8 5 amended to read as follows: 8 6 1. The supreme court shall establish, and may amend, a 8 7 personnel system and a pay and benefits plan for court 8 8 employees. The personnel system shall include a designation 8 9 by position title, classification, and function of each 8 10 position or class of positions within the judicial branch. 8 11 Reasonable efforts shall be made to accommodate the individual 8 12 staffing and management practices of the respective clerks of 8 13 the district court. The personnel system, in the employment 8 14 of court employees, shall not discriminate on the basis of 8 15 race,creed,color, sex, national origin, religion, physical 8 16 disability, or political party preference.The supreme court,8 17in establishing the personnel system, shall implement the8 18comparable worth directives issued by the state court8 19administrator under section 602.1204, subsection 2.The 8 20 personnel system shall include the prohibitions against sexual 8 21 harassment of full-time, part-time, and temporary employees 8 22 set out in section 19B.12, and shall include a grievance 8 23 procedure for discriminatory harassment. The personnel system 8 24 shall develop and distribute at the time of hiring or 8 25 orientation, a guide that describes for employees the 8 26 applicable sexual harassment prohibitions and grievance, 8 27 violation, and disposition procedures. This subsection does 8 28 not supersede the remedies provided under chapter 216. 8 29 Sec. 24. Sections 12.43, 19B.4, 19B.5, 19B.8, 70A.18, 8 30 314.14, and 314.15, Code 2001, are repealed. 8 31 EXPLANATION 8 32 This bill establishes that the policy of this state is to 8 33 ensure equal opportunity in state employment, contracts, and 8 34 services by not denying or giving preference to a person for 8 35 these benefits based on race, color, religion, national 9 1 origin, sex, age, or physical or mental disability. Current 9 2 law only provides that these benefits not be denied based on 9 3 the previously listed protected categories and on the 9 4 protected category of creed. The bill deletes provisions 9 5 defining and establishing affirmative action programs in the 9 6 Code. The bill also repeals the section authorizing the 9 7 department of management to impose sanctions on state agencies 9 8 and the board of regents and other educational agencies to 9 9 ensure compliance with affirmative action programs. 9 10 The bill also eliminates the definition of "targeted small 9 11 business" which was based on the owner of the small business 9 12 being a woman, minority, or disabled person. Instead, 9 13 "targeted small business" is defined the same as "small 9 14 business" pursuant to Code section 15.102. 9 15 The bill also repeals the focused small business linked 9 16 investments program for small businesses owned and operated by 9 17 women or minorities. 9 18 The bill also repeals the contract set-aside for 9 19 disadvantaged businesses for contracts with the state 9 20 department of transportation. 9 21 The bill also eliminates the "comparable worth" directives 9 22 which defined "comparable worth" and which required that wages 9 23 paid to employees be paid at the same rate as for work of 9 24 comparable worth paid to employees of the opposite gender. 9 25 Instead, the bill provides that there shall be no 9 26 discrimination in employment or pay between employees on the 9 27 basis of sex. 9 28 LSB 1208XS 79 9 29 av/pj/5.2
Text: SF00092 Text: SF00094 Text: SF00000 - SF00099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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