Text: SF02238 Text: SF02240 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 8.6, subsection 12, Code Supplement 1 2 2001, is 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 16.9, subsection 3, Code 2001, is amended 1 22 by striking the subsection. 1 23 Sec. 6. Section 16.9, subsection 5, Code 2001, is amended 1 24 to read as follows: 1 25 5. The authority may require mortgage lenders who 1 26 participate in programs financed or otherwise assisted by the 1 27 authority to takeaffirmativeaction to make available 1 28 mortgage loans in areas with a higher than average 1 29 concentration of lower-income familiesor members of racial or1 30ethnic minorities. 1 31 Sec. 7. Section 19A.1, subsection 2, paragraph d, Code 1 32 Supplement 2001, is amended by striking the paragraph. 1 33 Sec. 8. Section 19A.1, subsection 3, paragraph c, Code 1 34 Supplement 2001, is amended by striking the paragraph. 1 35 Sec. 9. Section 19B.1, Code 2001, is amended to read as 2 1 follows: 2 2 19B.1 DEFINITIONS. 2 3 As used in this chapter unless the context otherwise 2 4 requires:, 2 51. "Affirmative action" means action appropriate to2 6overcome the effects of past or present practices, policies,2 7or other barriers to equal employment opportunity.2 82."Statestate agency" means an office, bureau, division, 2 9 department, board, or commission in the executive branch of 2 10 state government. 2 11 Sec. 10. Section 19B.2, unnumbered paragraph 1, Code 2001, 2 12 is amended to read as follows: 2 13 It is the policy of this state to provide equal opportunity 2 14 in state employment to all persons. An individual shall not 2 15 be denied equal access to or be granted preferential treatment 2 16 for state employment opportunities because of race,creed,2 17 color, religion, national origin, sex, age, or physical or 2 18 mental disability.It also is the policy of this state to2 19apply affirmative action measures to correct deficiencies in2 20the state employment system where those remedies are2 21appropriate.This policy shall be construed broadly to 2 22 effectuate its purposes. 2 23 Sec. 11. Section 19B.3, Code 2001, is amended to read as 2 24 follows: 2 25 19B.3 ADMINISTRATIVE RESPONSIBILITIES OF DEPARTMENT OF 2 26 PERSONNEL AND BOARD OF REGENTS. 2 27 1. The department of personnel is responsible for the 2 28 administration and promotion of equal opportunityand2 29affirmative action efforts in the recruitment, appointment, 2 30 assignment, and advancement of personnel by all state agencies 2 31 except the state board of regents and the institutions under 2 32 its jurisdiction. In carrying out this responsibility the 2 33 department shall do all of the following with respect to state 2 34 agencies other than the state board of regents and its 2 35 institutions: 3 1a. Designate a position as the state affirmative action3 2administrator.3 3b. Propose affirmative action standards applicable to each3 4state agency based on the population of the community in which3 5the agency functions, the population served by the agency, or3 6the persons that can be reasonably recruited.3 7c. Gather data necessary to maintain an ongoing assessment3 8of affirmative action efforts in state agencies.3 9d. Monitor accomplishments with respect to affirmative3 10action remedies identified in affirmative action plans of3 11state agencies.3 12e.a. Conduct studies of preemployment and postemployment 3 13 processes in order to evaluate employment practices and 3 14 develop improved methods of dealing with all employment issues 3 15 related to equal employment opportunityand affirmative3 16action. 3 17f. Establish a state recruitment coordinating committee to3 18assist in addressing affirmative action recruitment needs,3 19with members appointed by the director of the department of3 20personnel.3 21g.b. Address equal opportunityand affirmative action3 22 training needs of all state agencies by: 3 23 (1) Providing appropriate training for managers and 3 24 supervisors. 3 25 (2) Insuring that all state agencies make training 3 26 available for all staff members whose duties relate to 3 27 personnel administration. 3 28 (3) Investigating means for training in the area of career 3 29 development. 3 30h.c. Coordinate and develop equal employment opportunity 3 31 reports, including the initiation of the processes necessary3 32for the completion of the annual EEO-4 reportas required by 3 33thefederalequal employment opportunity commissionlaw. 3 34i. Address equal opportunity and affirmative action3 35policies with respect to employee benefits and leaves of4 1absence.4 2j. Adopt equal employment opportunity and affirmative4 3action rules in accordance with chapter 17A.4 4 2. The state board of regents is responsible for the 4 5 administration and promotion of equal opportunityand4 6affirmative actionefforts in the recruitment, appointment, 4 7 assignment, and advancement of personnel by the board and the 4 8 institutions under its jurisdiction. In carrying out this 4 9 responsibility the board shall do all of the following with 4 10 respect to the board and its institutions: 4 11a. Designate a position as the regents' affirmative action4 12coordinator.4 13b. Propose affirmative action standards applicable to the4 14board and each institution under its jurisdiction.4 15c. Gather data necessary to maintain an ongoing assessment4 16of affirmative action efforts.4 17d. Monitor accomplishments with respect to affirmative4 18action remedies identified in affirmative action plans.4 19e.a. Conduct studies of preemployment and postemployment 4 20 processes in order to evaluate employment practices and 4 21 develop improved methods of dealing with all employment issues 4 22 related to equal employment opportunityand affirmative4 23action. 4 24f. Establish an equal employment committee to assist in4 25addressing affirmative action needs, including recruitment.4 26g.b. Address equal opportunityand affirmative action4 27 training needs by: 4 28 (1) Providing appropriate training for managers and 4 29 supervisors. 4 30 (2) Insuring that the board and its institutions make 4 31 training available for all staff members whose duties relate 4 32 to personnel administration. 4 33 (3) Investigating means for training in the area of career 4 34 development. 4 35h.c. Require development of equal employment opportunity 5 1 reports, including the initiation of the processes necessary5 2for the completion of reportsas required bythefederalequal5 3employment opportunity commissionlaw. 5 4i. Address equal opportunity and affirmative action5 5policies with respect to employee benefits and leaves of5 6absence.5 7j. Adopt equal employment opportunity and affirmative5 8action rules in accordance with chapter 17A.5 9 Sec. 12. Section 19B.6, Code Supplement 2001, is amended 5 10 to read as follows: 5 11 19B.6 RESPONSIBILITIES OF DEPARTMENT OF PERSONNEL AND 5 12 DEPARTMENT OF MANAGEMENT– AFFIRMATIVE ACTION. 5 13 The department of personnel shall oversee the 5 14 implementation of sections 19B.1 through19B.519B.3 and shall 5 15 work with the governor to ensure compliance with those 5 16 sections, including the attainment of affirmative action goals5 17and timetables,by all state agencies, excluding the state 5 18 board of regents and its institutions. The department of 5 19 management shall oversee the implementation of sections 19B.1 5 20 through19B.519B.3 and shall work with the governor to ensure 5 21 compliance with those sections, including the attainment of5 22affirmative action goals and timetables,by the state board of 5 23 regents and its institutions. 5 24 Sec. 13. Section 19B.7, subsection 1, paragraph a, 5 25 subparagraph (2), Code 2001, is amended by striking the 5 26 subparagraph. 5 27 Sec. 14. Section 19B.7, subsection 1, paragraph d, Code 5 28 2001, 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. 15. Section 19B.11, subsections 1 and 2, Code 2001, 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 10creed,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 promotefairequal employment practices for all 6 18 school 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. 16. Section 73.16, subsection 2, unnumbered paragraph 6 32 4, Code 2001, is amended by striking the unnumbered paragraph. 6 33 Sec. 17. Section 261.9, subsection 1, paragraph d, Code 6 34 Supplement 2001, is amended by striking the paragraph. 6 35 Sec. 18. Section 261.92, subsection 1, paragraph b, Code 7 1 2001, is amended by striking the paragraph. 7 2 Sec. 19. Section 602.1204, subsection 2, Code 2001, is 7 3 amended to read as follows: 7 4 2. The state court administrator may issue directives 7 5 relating to the management of the judicial branch. The 7 6 subject matters of these directives shall include, but need 7 7 not be limited to, fiscal procedures, the judicial retirement 7 8 system, and the collection and reporting of statistical and 7 9 other data.The directives shall provide for an affirmative7 10action plan which shall be based upon guidelines provided by7 11the Iowa state civil rights commission.In addition, when 7 12 establishing salaries and benefits the state court 7 13 administrator shall not discriminate in the employment or pay 7 14 between employees on the basis ofgender by paying wages to7 15employees at a rate less than the rate at which wages are paid7 16to employees of the opposite gender for work of comparable7 17worthsex.As used in this section "comparable worth" means7 18the value of work as measured by the composite of the skill,7 19effort, responsibility, and working conditions normally7 20required in the performance of work.7 21 Sec. 20. Section 602.1208, subsection 3, Code 2001, is 7 22 amended to read as follows: 7 23 3. The state court administrator shall employ staff as 7 24 necessary to perform the duties of the administrator, subject 7 25 to the approval of the supreme court and budget limitations. 7 26The administrator shall implement the comparable worth7 27directives issued under section 602.1204, subsection 2 in all7 28court employment decisions.7 29 Sec. 21. Section 602.1209, subsection 3, Code 2001, is 7 30 amended to read as follows: 7 31 3. Authorize the filling of vacant court-employee 7 32 positions,and review the qualifications of each person to be 7 33 employed within the judicial branch, and assure that7 34affirmative action goals are being met by the judicial branch. 7 35 The state court administrator shall not approve the employment 8 1 of a person when either the proposed terms and conditions of 8 2 employment or the qualifications of the individual do not 8 3 satisfy personnel policies of the judicial branch.The8 4administrator shall implement the comparable worth directives8 5issued under section 602.1204, subsection 2 in all court8 6employment decisions.8 7 Sec. 22. Section 602.1401, subsection 1, Code 2001, is 8 8 amended to read as follows: 8 9 1. The supreme court shall establish, and may amend, a 8 10 personnel system and a pay and benefits plan for court 8 11 employees. The personnel system shall include a designation 8 12 by position title, classification, and function of each 8 13 position or class of positions within the judicial branch. 8 14 Reasonable efforts shall be made to accommodate the individual 8 15 staffing and management practices of the respective clerks of 8 16 the district court. The personnel system, in the employment 8 17 of court employees, shall not discriminate on the basis of 8 18 race,creed,color, sex, national origin, religion, physical 8 19 disability, or political party preference.The supreme court,8 20in establishing the personnel system, shall implement the8 21comparable worth directives issued by the state court8 22administrator under section 602.1204, subsection 2.The 8 23 personnel system shall include the prohibitions against sexual 8 24 harassment of full-time, part-time, and temporary employees 8 25 set out in section 19B.12, and shall include a grievance 8 26 procedure for discriminatory harassment. The personnel system 8 27 shall develop and distribute at the time of hiring or 8 28 orientation, a guide that describes for employees the 8 29 applicable sexual harassment prohibitions and grievance, 8 30 violation, and disposition procedures. This subsection does 8 31 not supersede the remedies provided under chapter 216. 8 32 Sec. 23. Sections 12.43, 19B.4, 19B.8, 70A.18, 314.14, and 8 33 314.15, Code 2001, are repealed. 8 34 Sec. 24. Section 19B.5, Code Supplement 2001, is repealed. 8 35 EXPLANATION 9 1 This bill establishes that the policy of this state is to 9 2 ensure equal opportunity in state employment, contracts, and 9 3 services by not denying or giving preference to a person for 9 4 these benefits based on race, color, religion, national 9 5 origin, sex, age, or physical or mental disability. Current 9 6 law only provides that these benefits not be denied based on 9 7 the previously listed protected categories and on the 9 8 protected category of creed. The bill deletes provisions 9 9 defining and establishing affirmative action programs in the 9 10 Code. The bill also repeals the section authorizing the 9 11 department of management to impose sanctions on state agencies 9 12 and the board of regents and other educational agencies to 9 13 ensure compliance with affirmative action programs. 9 14 The bill also eliminates the definition of "targeted small 9 15 business" which was based on the owner of the small business 9 16 being a woman, minority, or disabled person. Instead, 9 17 "targeted small business" is defined the same as "small 9 18 business" pursuant to Code section 15.102. 9 19 The bill also repeals the focused small business linked 9 20 investments program for small businesses owned and operated by 9 21 women or minorities. 9 22 The bill also repeals the contract set-aside for 9 23 disadvantaged businesses for contracts with the state 9 24 department of transportation. 9 25 The bill also eliminates the "comparable worth" directives 9 26 which defined "comparable worth" and which required that wages 9 27 paid to employees be paid at the same rate as for work of 9 28 comparable worth paid to employees of the opposite gender. 9 29 Instead, the bill provides that there shall be no 9 30 discrimination in employment or pay between employees on the 9 31 basis of sex. 9 32 LSB 5965XS 79 9 33 av/pj/5
Text: SF02238 Text: SF02240 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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