Text: SSB01230                          Text: SSB01232
Text: SSB01200 - SSB01299               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

Senate Study Bill 1231

Bill Text

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 20 subsections 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 take affirmative action to make available
  1 30 mortgage loans in areas with a higher than average
  1 31 concentration of lower-income families or members of racial or
  1 32 ethnic 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  7    1.  "Affirmative action" means action appropriate to
  2  8 overcome the effects of past or present practices, policies,
  2  9 or other barriers to equal employment opportunity.
  2 10    2.  "State state 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.  NEW SECTION.  19B.2A  DISCRIMINATION AND
  2 14 PREFERENTIAL TREATMENT IN PUBLIC EMPLOYMENT, EDUCATION, AND
  2 15 CONTRACTING PROHIBITED.
  2 16    1.  The state shall not discriminate against, or grant
  2 17 preferential treatment to, any individual or group on the
  2 18 basis of race, creed, color, religion, national origin, sex,
  2 19 age, or physical or mental disability, in the operation of
  2 20 public employment, public education, or public contracting.
  2 21    2.  This section shall not be interpreted as prohibiting
  2 22 bona fide qualifications based on sex that are reasonably
  2 23 necessary to the normal operation of public employment, public
  2 24 education, or public contracting.
  2 25    3.  This section shall not be interpreted as prohibiting
  2 26 action that must be taken to establish or maintain eligibility
  2 27 for any federal program, where ineligibility would result in a
  2 28 loss of federal funds to the state.
  2 29    4.  For the purposes of this section, "state" shall
  2 30 include, but not necessarily be limited to, the state itself,
  2 31 including the executive, legislative, and judicial branches,
  2 32 any city, county, state agency, including the state board of
  2 33 regents and its institutions, community college, school
  2 34 district, special district, or any other political subdivision
  2 35 or governmental instrumentality of or within the state.
  3  1    5.  The remedies available for violations of this section
  3  2 shall be the same, regardless of the injured party's race,
  3  3 creed, color, religion, national origin, sex, age, or physical
  3  4 or mental disability, as are otherwise available for
  3  5 violations of Iowa antidiscrimination law.
  3  6    6.  This section shall be self-executing.  If any part or
  3  7 parts of this section are found to be in conflict with federal
  3  8 law or the Constitution of the United States, this section
  3  9 shall be implemented to the maximum extent that federal law
  3 10 and the Constitution of the United States permit.  Any
  3 11 provision held invalid shall be severable from the remaining
  3 12 portions of this section.
  3 13    Sec. 12.  Section 19B.3, Code 2001, is amended to read as
  3 14 follows:
  3 15    19B.3  ADMINISTRATIVE RESPONSIBILITIES OF DEPARTMENT OF
  3 16 PERSONNEL AND BOARD OF REGENTS.
  3 17    1.  The department of personnel is responsible for the
  3 18 administration and promotion of equal opportunity and
  3 19 affirmative action efforts in the recruitment, appointment,
  3 20 assignment, and advancement of personnel by all state agencies
  3 21 except the state board of regents and the institutions under
  3 22 its jurisdiction.  In carrying out this responsibility the
  3 23 department shall do all of the following with respect to state
  3 24 agencies other than the state board of regents and its
  3 25 institutions:
  3 26    a.  Designate a position as the state affirmative action
  3 27 administrator.
  3 28    b.  Propose affirmative action standards applicable to each
  3 29 state agency based on the population of the community in which
  3 30 the agency functions, the population served by the agency, or
  3 31 the persons that can be reasonably recruited.
  3 32    c.  Gather data necessary to maintain an ongoing assessment
  3 33 of affirmative action efforts in state agencies.
  3 34    d.  Monitor accomplishments with respect to affirmative
  3 35 action remedies identified in affirmative action plans of
  4  1 state agencies.
  4  2    e. a.  Conduct studies of preemployment and postemployment
  4  3 processes in order to evaluate employment practices and
  4  4 develop improved methods of dealing with all employment issues
  4  5 related to equal employment opportunity and affirmative
  4  6 action.
  4  7    f.  Establish a state recruitment coordinating committee to
  4  8 assist in addressing affirmative action recruitment needs,
  4  9 with members appointed by the director of the department of
  4 10 personnel.
  4 11    g. b.  Address equal opportunity and affirmative action
  4 12 training needs of all state agencies by:
  4 13    (1)  Providing appropriate training for managers and
  4 14 supervisors.
  4 15    (2)  Insuring that all state agencies make training
  4 16 available for all staff members whose duties relate to
  4 17 personnel administration.
  4 18    (3)  Investigating means for training in the area of career
  4 19 development.
  4 20    h. c.  Coordinate and develop equal employment opportunity
  4 21 reports, including the initiation of the processes necessary
  4 22 for the completion of the annual EEO-4 report as required by
  4 23 the federal equal employment opportunity commission law.
  4 24    i.  Address equal opportunity and affirmative action
  4 25 policies with respect to employee benefits and leaves of
  4 26 absence.
  4 27    j.  Adopt equal employment opportunity and affirmative
  4 28 action rules in accordance with chapter 17A.
  4 29    2.  The state board of regents is responsible for the
  4 30 administration and promotion of equal opportunity and
  4 31 affirmative action efforts in the recruitment, appointment,
  4 32 assignment, and advancement of personnel by the board and the
  4 33 institutions under its jurisdiction.  In carrying out this
  4 34 responsibility the board shall do all of the following with
  4 35 respect to the board and its institutions:
  5  1    a.  Designate a position as the regents' affirmative action
  5  2 coordinator.
  5  3    b.  Propose affirmative action standards applicable to the
  5  4 board and each institution under its jurisdiction.
  5  5    c.  Gather data necessary to maintain an ongoing assessment
  5  6 of affirmative action efforts.
  5  7    d.  Monitor accomplishments with respect to affirmative
  5  8 action remedies identified in affirmative action plans.
  5  9    e. a.  Conduct studies of preemployment and postemployment
  5 10 processes in order to evaluate employment practices and
  5 11 develop improved methods of dealing with all employment issues
  5 12 related to equal employment opportunity and affirmative
  5 13 action.
  5 14    f.  Establish an equal employment committee to assist in
  5 15 addressing affirmative action needs, including recruitment.
  5 16    g. b.  Address equal opportunity and affirmative action
  5 17 training needs by:
  5 18    (1)  Providing appropriate training for managers and
  5 19 supervisors.
  5 20    (2)  Insuring that the board and its institutions make
  5 21 training available for all staff members whose duties relate
  5 22 to personnel administration.
  5 23    (3)  Investigating means for training in the area of career
  5 24 development.
  5 25    h. c.  Require development of equal employment opportunity
  5 26 reports, including the initiation of the processes necessary
  5 27 for the completion of reports as required by the federal equal
  5 28 employment opportunity commission law.
  5 29    i.  Address equal opportunity and affirmative action
  5 30 policies with respect to employee benefits and leaves of
  5 31 absence.
  5 32    j.  Adopt equal employment opportunity and affirmative
  5 33 action rules in accordance with chapter 17A.
  5 34    Sec. 13.  Section 19B.6, Code 2001, is amended to read as
  5 35 follows:
  6  1    19B.6  RESPONSIBILITIES OF DEPARTMENT OF MANAGEMENT –
  6  2 AFFIRMATIVE ACTION.
  6  3    The department of management shall oversee the
  6  4 implementation of sections 19B.1 through 19B.5 19B.3 and shall
  6  5 work with the governor to ensure compliance with those
  6  6 sections, including the attainment of affirmative action goals
  6  7 and timetables, by all state agencies, including the state
  6  8 board of regents and its institutions.
  6  9    Sec. 14.  Section 19B.7, subsection 1, paragraph a,
  6 10 subparagraph (2), Code 2001, is amended by striking the
  6 11 subparagraph.
  6 12    Sec. 15.  Section 19B.7, subsection 1, paragraph d, Code
  6 13 2001, is amended to read as follows:
  6 14    d.  Report results under the contract compliance policy to
  6 15 the governor and the general assembly on an annual basis.  The
  6 16 report shall detail specific efforts to promote equal
  6 17 opportunity through state contracts and services and efforts
  6 18 to promote, develop, and stimulate the utilization of
  6 19 minority, women's, and disadvantaged business enterprises in
  6 20 programs receiving or benefiting from state financial
  6 21 assistance.
  6 22    Sec. 16.  Section 19B.11, subsections 1 and 2, Code 2001,
  6 23 are amended to read as follows:
  6 24    1.  It is the policy of this state to provide equal
  6 25 opportunity in school district, area education agency, and
  6 26 community college employment to all persons.  An individual
  6 27 shall not be denied equal access to or be granted preferential
  6 28 treatment for school district, area education agency, or
  6 29 community college employment opportunities because of race,
  6 30 creed, color, religion, national origin, sex, age, or physical
  6 31 or mental disability.  It also is the policy of this state to
  6 32 apply affirmative action measures to correct deficiencies in
  6 33 school district, area education agency, and community college
  6 34 employment systems where those remedies are appropriate.  This
  6 35 policy shall be construed broadly to effectuate its purposes.
  7  1    2.  The director of the department of education shall
  7  2 actively promote fair equal employment practices for all
  7  3 school district, area education agency, and community college
  7  4 employees and the state board of education shall adopt rules
  7  5 requiring specific steps by school districts, area education
  7  6 agencies, and community colleges to accomplish the goals of
  7  7 equal employment opportunity and affirmative action in the
  7  8 recruitment, appointment, assignment, and advancement of
  7  9 personnel.  Each school district, area education agency, and
  7 10 community college shall be required to develop affirmative
  7 11 action standards which are based on the population of the
  7 12 community in which it functions, the student population
  7 13 served, or the persons who can be reasonably recruited.  The
  7 14 director of education shall consult with the department of
  7 15 personnel in the performance of duties under this section.
  7 16    Sec. 17.  Section 73.16, subsection 2, unnumbered paragraph
  7 17 4, Code 2001, is amended by striking the unnumbered paragraph.
  7 18    Sec. 18.  Section 261.9, subsection 1, paragraph d, Code
  7 19 2001, is amended by striking the paragraph.
  7 20    Sec. 19.  Section 261.92, subsection 1, paragraph b, Code
  7 21 2001, is amended by striking the paragraph.
  7 22    Sec. 20.  Section 602.1204, subsection 2, Code 2001, is
  7 23 amended to read as follows:
  7 24    2.  The state court administrator may issue directives
  7 25 relating to the management of the judicial branch.  The
  7 26 subject matters of these directives shall include, but need
  7 27 not be limited to, fiscal procedures, the judicial retirement
  7 28 system, and the collection and reporting of statistical and
  7 29 other data.  The directives shall provide for an affirmative
  7 30 action plan which shall be based upon guidelines provided by
  7 31 the Iowa state civil rights commission.  In addition, when
  7 32 establishing salaries and benefits the state court
  7 33 administrator shall not discriminate in the employment or pay
  7 34 between employees on the basis of gender by paying wages to
  7 35 employees at a rate less than the rate at which wages are paid
  8  1 to employees of the opposite gender for work of comparable
  8  2 worth sex.  As used in this section "comparable worth" means
  8  3 the value of work as measured by the composite of the skill,
  8  4 effort, responsibility, and working conditions normally
  8  5 required in the performance of work.
  8  6    Sec. 21.  Section 602.1208, subsection 3, Code 2001, is
  8  7 amended to read as follows:
  8  8    3.  The state court administrator shall employ staff as
  8  9 necessary to perform the duties of the administrator, subject
  8 10 to the approval of the supreme court and budget limitations.
  8 11 The administrator shall implement the comparable worth
  8 12 directives issued under section 602.1204, subsection 2 in all
  8 13 court employment decisions.
  8 14    Sec. 22.  Section 602.1209, subsection 3, Code 2001, is
  8 15 amended to read as follows:
  8 16    3.  Authorize the filling of vacant court-employee
  8 17 positions, and review the qualifications of each person to be
  8 18 employed within the judicial branch, and assure that
  8 19 affirmative action goals are being met by the judicial branch.
  8 20 The state court administrator shall not approve the employment
  8 21 of a person when either the proposed terms and conditions of
  8 22 employment or the qualifications of the individual do not
  8 23 satisfy personnel policies of the judicial branch.  The
  8 24 administrator shall implement the comparable worth directives
  8 25 issued under section 602.1204, subsection 2 in all court
  8 26 employment decisions.
  8 27    Sec. 23.  Section 602.1401, subsection 1, Code 2001, is
  8 28 amended to read as follows:
  8 29    1.  The supreme court shall establish, and may amend, a
  8 30 personnel system and a pay and benefits plan for court
  8 31 employees.  The personnel system shall include a designation
  8 32 by position title, classification, and function of each
  8 33 position or class of positions within the judicial branch.
  8 34 Reasonable efforts shall be made to accommodate the individual
  8 35 staffing and management practices of the respective clerks of
  9  1 the district court.  The personnel system, in the employment
  9  2 of court employees, shall not discriminate on the basis of
  9  3 race, creed, color, sex, national origin, religion, physical
  9  4 disability, or political party preference.  The supreme court,
  9  5 in establishing the personnel system, shall implement the
  9  6 comparable worth directives issued by the state court
  9  7 administrator under section 602.1204, subsection 2.  The
  9  8 personnel system shall include the prohibitions against sexual
  9  9 harassment of full-time, part-time, and temporary employees
  9 10 set out in section 19B.12, and shall include a grievance
  9 11 procedure for discriminatory harassment.  The personnel system
  9 12 shall develop and distribute at the time of hiring or
  9 13 orientation, a guide that describes for employees the
  9 14 applicable sexual harassment prohibitions and grievance,
  9 15 violation, and disposition procedures.  This subsection does
  9 16 not supersede the remedies provided under chapter 216.
  9 17    Sec. 24.  Sections 12.43, 19B.2, 19B.4, 19B.5, 19B.8,
  9 18 70A.18, 314.14, and 314.15, Code 2001, are repealed.  
  9 19                           EXPLANATION
  9 20    This bill creates a new Code section 19B.2A that prohibits
  9 21 discrimination or preferential treatment in public employment,
  9 22 public education, and public contracting based on race, creed,
  9 23 color, religion, national origin, sex, age, or physical or
  9 24 mental disability.  The bill deletes provisions defining and
  9 25 establishing affirmative action programs in the Code.  The
  9 26 bill also repeals the section authorizing the department of
  9 27 management to impose sanctions on state agencies and the board
  9 28 of regents and other educational agencies to ensure compliance
  9 29 with affirmative action programs.
  9 30    The bill also eliminates the definition of "targeted small
  9 31 business" which was based on the owner of the small business
  9 32 being a woman, minority, or disabled person.  Instead,
  9 33 "targeted small business" is defined the same as "small
  9 34 business" pursuant to Code section 15.102.
  9 35    The bill also repeals the focused small business linked
 10  1 investments program for small businesses owned and operated by
 10  2 women or minorities.
 10  3    The bill also repeals the contract set-aside for
 10  4 disadvantaged businesses for contracts with the state
 10  5 department of transportation.
 10  6    The bill also eliminates the "comparable worth" directives
 10  7 which defined "comparable worth" and which required that wages
 10  8 paid to employees be paid at the same rate as for work of
 10  9 comparable worth paid to employees of the opposite gender.
 10 10 Instead, the bill provides that there shall be no
 10 11 discrimination in employment or pay between employees on the
 10 12 basis of sex.  
 10 13 LSB 3144XC 79
 10 14 av/pj/5
     

Text: SSB01230                          Text: SSB01232
Text: SSB01200 - SSB01299               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

© 2001 Cornell College and League of Women Voters of Iowa

Comments about this site or page? webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.

Last update: Fri Mar 23 03:35:27 CST 2001
URL: /DOCS/GA/79GA/Legislation/SSB/01200/SSB01231/010313.html
jhf