House File 2455 H-8222 Amend the amendment, H-8212, to House File 2455 as 1 follows: 2 1. Page 1, by striking lines 2 through 15 and 3 inserting: 4 < 1. Page 17, after line 10 by inserting: 5 < DIVISION ___ 6 KEEP IOWA BEAUTIFUL 7 Sec. ___. KEEP IOWA BEAUTIFUL INITIATIVE. The 8 director of the economic development authority created 9 in section 15.105 shall allocate moneys in one or more 10 funds established in section 15.106A, subsection 1, 11 paragraph “o”, in an amount equal to $200,000 for the 12 fiscal year beginning July 1, 2016, and ending June 13 30, 2017, for the purpose of supporting a keep Iowa 14 beautiful initiative in order to assist communities 15 in developing and implementing beautification and 16 community development plans. 17 DIVISION ___ 18 MISCELLANEOUS PROVISIONS —— SERVICE CONTRACT RECIPIENTS 19 Sec. ___. Section 8F.3, subsection 1, paragraphs b 20 and d, Code 2016, are amended to read as follows: 21 b. Information regarding the training and education 22 received by the members of the governing body of 23 the recipient entity relating to the duties and 24 legal responsibilities of the governing body. The 25 information shall also include certification that 26 the members of the governing body have completed a 27 training program established pursuant to section 19B.7, 28 subsection 3. 29 d. Information regarding any policies adopted 30 by the governing body of the recipient entity that 31 prohibit taking adverse employment action against 32 employees of the recipient entity who disclose 33 information about a service contract , to include 34 information about the pay and benefits received by 35 -1- H8212.3592 (2) 86 aw/tm 1/ 6 #1.
an employee of a recipient entity, to the oversight 1 agency, the auditor of state, the office of the 2 attorney general, or the office of ombudsman and 3 that state whether those policies are substantially 4 similar to the protection provided to state employees 5 under section 70A.28 . The information provided shall 6 state whether employees of the recipient entity are 7 informed on a regular basis of their rights to disclose 8 information to the oversight agency, the office of 9 ombudsman, the auditor of state, or the office of the 10 attorney general and the telephone numbers of those 11 organizations. 12 Sec. ___. Section 19B.7, Code 2016, is amended by 13 adding the following new subsection: 14 NEW SUBSECTION . 3. The department of 15 administrative services, in coordination with 16 the Iowa civil rights commission, shall establish a 17 training program for prospective recipient entities, as 18 defined in section 8F.2, concerning the requirements 19 of this section, and chapter 216, relative to the 20 administration and promotion of equal opportunity and 21 the prohibition of discriminatory and unfair practices 22 within any program receiving or benefiting from state 23 financial assistance. The program shall specifically 24 include guidance relative to unfair employment 25 practices as described in section 216.6, and wage 26 discrimination in employment prohibitions as described 27 in section 216.6A. 28 DIVISION ___ 29 MISCELLANEOUS PROVISIONS —— WAGE DISCRIMINATION IN 30 EMPLOYMENT 31 Sec. ___. Section 216.6A, Code 2016, is amended by 32 adding the following new subsection: 33 NEW SUBSECTION . 2A. It shall be an unfair or 34 discriminatory practice for any employer or agent of 35 -2- H8212.3592 (2) 86 aw/tm 2/ 6
any employer to do any of the following: 1 a. Require, as a condition of employment, that 2 an employee refrain from disclosing, discussing, 3 or sharing information about the amount of the 4 employee’s wages, benefits, or other compensation or 5 from inquiring, discussing, or sharing information 6 about any other employee’s wages, benefits, or other 7 compensation. 8 b. Require, as a condition of employment, that an 9 employee sign a waiver or other document that requires 10 an employee to refrain from engaging in any of the 11 activities permitted under paragraph “a” . 12 c. Discriminate or retaliate against an employee 13 for engaging in any of the activities permitted under 14 paragraph “a” . 15 d. Seek salary history information, including 16 but not limited to information on compensation and 17 benefits, from a potential employee as a condition of a 18 job interview or employment. This paragraph shall not 19 be construed to prohibit a prospective employer from 20 asking a prospective employee what salary level the 21 prospective employee would require in order to accept 22 a job. 23 e. Release the salary history, including but 24 not limited to information on compensation and 25 benefits, of any current or former employee to any 26 prospective employer in response to a request as part 27 of an interview or hiring process without written 28 authorization from such current or former employee. 29 f. Publish, list, or post within the employer’s 30 organization, with any employment agency, job-listing 31 service, or internet site, or in any other public 32 manner, an advertisement to recruit candidates for hire 33 or independent contractors to fill a position within 34 the employer’s organization without including the 35 -3- H8212.3592 (2) 86 aw/tm 3/ 6
minimum rate of pay of the position. The rate of pay 1 may be by the hour, shift, day, week, salary, piece, 2 commission, or other applicable rate. The rate of pay 3 shall include overtime and allowances, if any, claimed 4 as part of the minimum wage, including but not limited 5 to tipped wages. 6 g. Pay a newly hired employee at less than the 7 rate of pay advertised for the employee’s position as 8 required under paragraph “f” . 9 DIVISION ___ 10 MISCELLANEOUS PROVISIONS —— WAGE DISCRIMINATION —— 11 EQUAL PAY TASK FORCE AND REPORT 12 Sec. ___. EQUAL PAY TASK FORCE AND REPORT. 13 1. An equal pay task force is created. The task 14 force shall consist of the following members: 15 a. The director of the civil rights commission, or 16 the director’s designee. 17 b. The director of the department of human rights, 18 or the director’s designee. 19 c. An employee of the labor market information 20 division of the department of workforce development 21 designated by the director of the department. 22 d. A representative of the association of business 23 and industry, appointed by the president of the 24 association. 25 e. A member of a statewide labor organization 26 designated by the legislative council, appointed by the 27 president of the organization. 28 f. Two representatives of organizations whose 29 objectives include the elimination of pay disparities 30 between men and women and minorities and nonminorities 31 and that have undertaken advocacy, educational, or 32 legislative initiatives in pursuit of such objectives 33 appointed by the director of the civil rights 34 commission in consultation with the leadership of those 35 -4- H8212.3592 (2) 86 aw/tm 4/ 6
organizations. 1 g. Two representatives of postsecondary education 2 institutions who have experience and expertise in 3 the collection and analysis of data concerning pay 4 disparities between men and women and minorities and 5 nonminorities and whose research has been used in 6 efforts to promote the elimination of such disparities 7 appointed by the director of the civil rights 8 commission in consultation with the leadership of those 9 institutions. 10 h. Four members of the general assembly serving 11 as ex officio, nonvoting members, one representative 12 to be appointed by the speaker of the house of 13 representatives, one representative to be appointed by 14 the minority leader of the house of representatives, 15 one senator to be appointed by the majority leader of 16 the senate, and one senator to be appointed by the 17 minority leader of the senate. 18 2. The task force shall study all of the following: 19 a. The extent of wage disparities, both in the 20 public and private sectors, between men and women and 21 between minorities and nonminorities. 22 b. Factors that cause, or which tend to cause, such 23 disparities, including segregation between women and 24 men and between minorities and nonminorities across 25 and within occupations, payment of lower wages for 26 work in female-dominated occupations, child-rearing 27 responsibilities, the number of women who are heads of 28 households, education, hours worked, and years on the 29 job. 30 c. The consequences of such disparities on the 31 economy and affected families. 32 d. Actions likely to lead to the elimination and 33 prevention of such disparities. 34 3. The civil rights commission shall provide 35 -5- H8212.3592 (2) 86 aw/tm 5/ 6
staffing services for the task force. 1 4. The voting members shall elect a chairperson 2 from the voting membership of the task force. A 3 majority of the voting members of the task force 4 constitutes a quorum. 5 5. Voting members of the task force shall receive 6 reimbursement for actual expenses incurred while 7 serving in their official capacity only if they are not 8 eligible for reimbursement by the organization that 9 they represent. Legislative members shall be paid the 10 per diem and expenses specified in section 2.10. 11 6. The task force shall submit a report regarding 12 its findings and its recommendations regarding 13 potential actions for the elimination and prevention 14 of disparities in wages between men and women and 15 minorities and nonminorities to the governor and the 16 general assembly no later than December 22, 2017. > 17 2. By renumbering as necessary. > 18 ______________________________ FINKENAUER of Dubuque -6- H8212.3592 (2) 86 aw/tm 6/ 6 #2.