House File 2711 - Introduced HOUSE FILE 2711 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HSB 668) A BILL FOR An Act relating to state policies, programs, and licenses with 1 race, gender, or citizenship requirements. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 6184HV (2) 91 sc/ns
H.F. 2711 Section 1. Section 8A.111, subsection 7, Code 2026, is 1 amended by striking the subsection. 2 Sec. 2. Section 8A.402, subsection 1, paragraph d, Code 3 2026, is amended to read as follows: 4 d. Equal employment opportunity , affirmative action, and 5 workforce diversity programs. 6 Sec. 3. Section 19B.1, subsection 1, Code 2026, is amended 7 by striking the subsection. 8 Sec. 4. Section 19B.2, subsection 1, Code 2026, is amended 9 to read as follows: 10 1. It is the policy of this state to provide equal 11 opportunity in state employment to all persons. An individual 12 shall not be denied equal access to state employment 13 opportunities because of race, creed, color, religion, national 14 origin, sex, age, or physical or mental disability. It also is 15 the policy of this state to apply affirmative action measures 16 to correct deficiencies in the state employment system where 17 those remedies are appropriate. This policy shall be construed 18 broadly to effectuate its purposes. 19 Sec. 5. Section 19B.3, Code 2026, is amended to read as 20 follows: 21 19B.3 Administrative responsibilities of department of 22 administrative services and board of regents. 23 1. The department of administrative services is responsible 24 for the administration and promotion of equal opportunity and 25 affirmative action efforts in the recruitment, appointment, 26 assignment, and advancement of personnel by all state agencies 27 except the state board of regents and the institutions 28 under its the board’s jurisdiction. In carrying out this 29 responsibility , the department shall do all of the following 30 with respect to state agencies other than the state board of 31 regents and its the board’s institutions: 32 a. Designate a position as the state affirmative action 33 administrator. 34 b. Propose affirmative action standards applicable to each 35 -1- LSB 6184HV (2) 91 sc/ns 1/ 15
H.F. 2711 state agency based on the population of the community in which 1 the agency functions, the population served by the agency, or 2 the persons that can be reasonably recruited. 3 c. Gather data necessary to maintain an ongoing assessment 4 of affirmative action efforts in state agencies. 5 d. Monitor accomplishments with respect to affirmative 6 action remedies identified in affirmative action plans of state 7 agencies. 8 e. Conduct studies of preemployment and postemployment 9 processes in order to evaluate employment practices and develop 10 improved methods of dealing with all employment issues related 11 to equal employment opportunity and affirmative action. 12 f. Establish a state recruitment coordinating committee 13 to assist in addressing affirmative action recruitment needs, 14 with members appointed by the director of the department of 15 administrative services. 16 g. a. Address equal opportunity and affirmative action 17 training needs of all state agencies by doing all of the 18 following : 19 (1) Providing appropriate training for managers and 20 supervisors. 21 (2) Insuring Ensuring that all state agencies make training 22 available for all staff members whose duties relate to 23 personnel administration. 24 (3) Investigating means for training in the area of career 25 development. 26 h. b. Coordinate and develop equal employment opportunity 27 reports, including the initiation of the processes necessary 28 for the completion of the annual EEO-4 report required by the 29 federal equal employment opportunity commission. 30 i. c. Address equal opportunity and affirmative action 31 policies with respect to employee benefits and leaves of 32 absence. 33 j. d. Adopt equal employment opportunity and affirmative 34 action rules in accordance with chapter 17A . 35 -2- LSB 6184HV (2) 91 sc/ns 2/ 15
H.F. 2711 2. The state board of regents is responsible for the 1 administration and promotion of equal opportunity and 2 affirmative action efforts in the recruitment, appointment, 3 assignment, and advancement of personnel by the board and the 4 institutions under its jurisdiction. In carrying out this 5 responsibility , the board shall do all of the following with 6 respect to the board and its institutions: 7 a. Designate a position as the regents’ affirmative action 8 coordinator. 9 b. Propose affirmative action standards applicable to the 10 board and each institution under its jurisdiction. 11 c. Gather data necessary to maintain an ongoing assessment 12 of affirmative action efforts. 13 d. Monitor accomplishments with respect to affirmative 14 action remedies identified in affirmative action plans. 15 e. Conduct studies of preemployment and postemployment 16 processes in order to evaluate employment practices and develop 17 improved methods of dealing with all employment issues related 18 to equal employment opportunity and affirmative action. 19 f. Establish an equal employment committee to assist in 20 addressing affirmative action needs, including recruitment. 21 g. a. Address equal opportunity and affirmative action 22 training needs by doing all of the following : 23 (1) Providing appropriate training for managers and 24 supervisors. 25 (2) Insuring Ensuring that the board and its institutions 26 make training available for all staff members whose duties 27 relate to personnel administration. 28 (3) Investigating means for training in the area of career 29 development. 30 h. b. Require development of equal employment opportunity 31 reports, including the initiation of the processes necessary 32 for the completion of reports required by the federal equal 33 employment opportunity commission. 34 i. c. Address equal opportunity and affirmative action 35 -3- LSB 6184HV (2) 91 sc/ns 3/ 15
H.F. 2711 policies with respect to employee benefits and leaves of 1 absence. 2 j. d. Adopt equal employment opportunity and affirmative 3 action rules in accordance with chapter 17A . 4 Sec. 6. Section 19B.4, subsection 1, Code 2026, is amended 5 by striking the subsection. 6 Sec. 7. Section 19B.6, Code 2026, is amended to read as 7 follows: 8 19B.6 Responsibilities of department of administrative 9 services —— affirmative action . 10 The department of administrative services shall oversee 11 the implementation of sections 19B.1 through 19B.5 19B.4 and 12 shall work with the governor to ensure compliance with those 13 sections , including the attainment of affirmative action goals 14 and timetables, by all state agencies, excluding the state 15 board of regents and its the board’s institutions. 16 Sec. 8. Section 19B.7, subsection 1, paragraph a, 17 subparagraph (1), Code 2026, is amended by striking the 18 subparagraph. 19 Sec. 9. Section 19B.7, subsection 1, paragraph a, 20 subparagraph (2), Code 2026, is amended to read as follows: 21 (2) The utilization of minority, women’s, and disadvantaged 22 Iowa-based business enterprises as sources of supplies, 23 equipment, construction, and services. 24 Sec. 10. Section 19B.7, subsection 1, paragraph d, Code 25 2026, is amended to read as follows: 26 d. Report results under the contract compliance policy 27 to the governor and the general assembly on an annual basis. 28 Any information reported by the department of administrative 29 services to the economic development authority pursuant to 30 section 15.108 73.22 shall not be required to be part of the 31 report under this paragraph. The report shall must detail 32 specific efforts to promote equal opportunity through state 33 contracts and services and efforts to promote, develop, 34 and stimulate the utilization of minority, women’s, and 35 -4- LSB 6184HV (2) 91 sc/ns 4/ 15
H.F. 2711 disadvantaged Iowa-based business enterprises in programs 1 receiving or benefiting from state financial assistance . 2 Sec. 11. Section 19B.7, subsection 1, paragraph e, Code 3 2026, is amended by striking the paragraph. 4 Sec. 12. Section 19B.8, Code 2026, is amended to read as 5 follows: 6 19B.8 Sanctions. 7 The department of administrative services may impose 8 appropriate sanctions on individual state agencies, including 9 the state board of regents and its the board’s institutions, 10 and upon a community college, area education agency, or school 11 district, in order to ensure compliance with state programs 12 emphasizing equal opportunity through affirmative action , 13 contract compliance policies, and requirements for procurement 14 goals for targeted small businesses Iowa-based business 15 enterprises . 16 Sec. 13. Section 19B.11, Code 2026, is amended to read as 17 follows: 18 19B.11 School districts, area education agencies, and 19 community colleges —— duties of director of department of 20 education. 21 1. It is the policy of this state to provide equal 22 opportunity in school district, area education agency, and 23 community college employment to all persons. An individual 24 shall not be denied equal access to school district, area 25 education agency, or community college employment opportunities 26 because of race, creed, color, religion, national origin, sex, 27 age, or physical or mental disability. It also is the policy 28 of this state to apply affirmative action measures to correct 29 deficiencies in school district, area education agency, and 30 community college employment systems where those remedies 31 are appropriate. This policy shall be construed broadly to 32 effectuate its purposes. 33 2. The director of the department of education shall 34 actively promote fair employment practices for all school 35 -5- LSB 6184HV (2) 91 sc/ns 5/ 15
H.F. 2711 district, area education agency, and community college 1 employees , and the state board of education shall adopt rules 2 requiring specific steps by school districts, area education 3 agencies, and community colleges to accomplish the goals goal 4 of equal employment opportunity and affirmative action in 5 the recruitment, appointment, assignment, and advancement of 6 personnel. Each school district, area education agency, and 7 community college shall be required to develop affirmative 8 action standards which are based on the population of the 9 community in which it functions, the student population 10 served, or the persons who can be reasonably recruited. The 11 director of education shall consult with the department of 12 administrative services in the performance of duties under this 13 section . 14 3. Each school district, area education agency, and 15 community college in the state shall submit to the director 16 of the department of education an annual report of the 17 accomplishments and programs of the district, agency, or 18 community college in carrying out its duties under this 19 section . The report shall be submitted between December 15 and 20 December 31 each year. The director shall prescribe the form 21 and content of the report. 22 4. 3. The director of the department of education shall 23 prepare a compilation of the reports required by subsection 24 3 and shall submit this compilation, together with a report 25 of the director’s accomplishments and programs pursuant to 26 this section , to the department of management and the general 27 assembly by January 31 of each year. 28 Sec. 14. Section 80B.11, subsection 1, paragraph d, Code 29 2026, is amended by striking the paragraph. 30 Sec. 15. Section 135.63, subsection 1, paragraph a, Code 31 2026, is amended to read as follows: 32 a. The contribution of the proposed institutional health 33 service in meeting the needs of the medically underserved, 34 including persons in rural areas, low-income persons, racial 35 -6- LSB 6184HV (2) 91 sc/ns 6/ 15
H.F. 2711 and ethnic minorities, persons with disabilities, and the 1 elderly, as well as the extent to which medically underserved 2 residents in the applicant’s service area are likely to have 3 access to the proposed institutional health service. 4 Sec. 16. Section 147.3, Code 2026, is amended to read as 5 follows: 6 147.3 Qualifications. 7 An applicant for a license to practice a profession under 8 this subtitle is not ineligible because of age, citizenship, 9 sex, race, religion, marital status, or national origin, 10 although the application form may require citizenship 11 information. 12 Sec. 17. Section 148.3, subsection 3, Code 2026, is amended 13 to read as follows: 14 3. The board shall give priority to the processing of 15 applications for licensure submitted by physicians and surgeons 16 and osteopathic physicians and surgeons whose practice will 17 primarily involve provision of service to medically underserved 18 populations, including but not limited to minorities or 19 low-income persons, or who live in rural areas. 20 Sec. 18. Section 256.36, subsection 2, paragraph a, 21 unnumbered paragraph 1, Code 2026, is amended to read as 22 follows: 23 The goals of the math and science education program may 24 include but are not limited to any of the following: 25 Sec. 19. Section 256.36, subsection 2, paragraph a, 26 subparagraph (6), Code 2026, is amended by striking the 27 subparagraph. 28 Sec. 20. Section 256.177, subsection 10, Code 2026, is 29 amended to read as follows: 30 10. Require any postsecondary institution whose students 31 are eligible for or who receive financial assistance under 32 programs administered by the commission to transmit annually 33 to the commission information about the numbers of minority 34 students enrolled in and minority faculty members employed at 35 -7- LSB 6184HV (2) 91 sc/ns 7/ 15
H.F. 2711 the institution. The commission shall compile and report the 1 information collected to the general assembly, the governor, 2 and the legislative services agency by March 1 annually. For 3 purposes of this subsection, “minority” means the same as 4 defined in 12 C.F.R. §4.62, as effective on January 1, 2026. 5 Sec. 21. Section 256.183, subsection 1, paragraph d, Code 6 2026, is amended to read as follows: 7 d. Promotes equal opportunity and affirmative action efforts 8 in the recruitment, appointment, assignment, and advancement of 9 personnel at the institution and provides information regarding 10 such efforts to the commission upon request. 11 Sec. 22. Section 256.213, Code 2026, is amended to read as 12 follows: 13 256.213 Legislative intent. 14 The general assembly finds that the failure of many young 15 Iowans to complete their education limits their opportunity 16 for a life of fulfillment and hinders the state’s efforts to 17 provide a well-trained workforce for business and industry 18 in Iowa. The general assembly also declares that it is the 19 policy of this state to apply positive measures to ensure that 20 equal opportunities exist for minority persons to pursue their 21 educational goals. Therefore, the “Iowa Minority Academic 22 Grants for Economic Success” program is established to provide 23 additional funding to the state board of regents institutions, 24 community colleges, and accredited private institutions in 25 order to encourage resident minority students to remain in 26 Iowa, to attend community colleges, private colleges, and 27 universities in Iowa, and to assure that a limited family 28 income will not be a barrier for a minority person to pursue a 29 postsecondary education. 30 Sec. 23. Section 256.214, subsection 3, Code 2026, is 31 amended to read as follows: 32 3. “Financial need” means the difference between the 33 student’s financial resources, including resources available 34 from the student’s parents and the student, as determined 35 -8- LSB 6184HV (2) 91 sc/ns 8/ 15
H.F. 2711 by a completed parents’ financial statement and including 1 any noncampus-administered federal or state grants and 2 scholarships, and the student’s estimated expenses while 3 attending the institution. A student shall accept all 4 available federal and state grants and scholarships before 5 being considered eligible for grants under the Iowa minority 6 academic grants for economic success program. Financial need 7 shall be reconsidered on at least an annual basis. 8 Sec. 24. Section 256.214, subsection 5, Code 2026, is 9 amended by striking the subsection. 10 Sec. 25. Section 256.214, subsection 7, Code 2026, is 11 amended to read as follows: 12 7. “Program” means the Iowa minority academic grants for 13 economic success program established in this subpart . 14 Sec. 26. Section 256.215, subsection 1, Code 2026, is 15 amended by striking the subsection. 16 Sec. 27. Section 256.216, subsection 7, Code 2026, is 17 amended by striking the subsection. 18 Sec. 28. Section 256.216, subsection 8, Code 2026, is 19 amended to read as follows: 20 8. Administer funds appropriated for the Iowa minority 21 academic grants for economic success program to carry out the 22 duties of the commission. 23 Sec. 29. Section 262.9, subsection 21, Code 2026, is amended 24 to read as follows: 25 21. Direct the administration of the Iowa minority academic 26 grants for economic success program as established in section 27 256.213 for the institutions under its control. 28 Sec. 30. Section 262.93, Code 2026, is amended to read as 29 follows: 30 262.93 Reports to general assembly. 31 The college student aid commission and the state board of 32 regents each shall submit to the general assembly, by January 33 15 of each year, a report on the progress and implementation 34 of the programs which they administer program under sections 35 -9- LSB 6184HV (2) 91 sc/ns 9/ 15
H.F. 2711 256.214 through 256.217 and 262.92 . By January 31 of each 1 year, the state board of regents shall submit a report to the 2 general assembly regarding the progress and implementation 3 of the program administered pursuant to section 262.82 . The 4 reports shall report must include but are is not limited to the 5 numbers of students and educators participating in the programs 6 program and allocation of funds appropriated for the programs 7 program . 8 Sec. 31. Section 542.5, subsection 6, Code 2026, is amended 9 to read as follows: 10 6. The board, when considering the denial or revocation of a 11 certificate pursuant to subsections 2 through 5 , shall consider 12 the nature of the offense; any aggravating or extenuating 13 circumstances which are documented; the time lapsed since 14 the revocation, conduct, or conviction; the rehabilitation, 15 treatment, or restitution performed by the applicant or 16 certificate holder; and any other factors the board deems 17 relevant. Character references may be required, but shall not 18 be obtained from certified public accountants. An applicant 19 shall not be denied a certificate because of age, citizenship, 20 race, religion, marital status, or national origin, although 21 the application may require citizenship information. 22 Sec. 32. Section 542B.13, Code 2026, is amended to read as 23 follows: 24 542B.13 Applications and examination fees. 25 Applications for licensure shall be on forms prescribed and 26 furnished by the board, shall contain statements made under 27 oath, showing the applicant’s education and a detailed summary 28 of the applicant’s technical work, and the board shall not 29 require that a recent photograph of the applicant be attached 30 to the application form. An applicant is not ineligible for 31 licensure because of age, citizenship, sex, race, religion, 32 marital status, or national origin, although the application 33 form may require citizenship information. The board may 34 consider the past felony record of an applicant. The board 35 -10- LSB 6184HV (2) 91 sc/ns 10/ 15
H.F. 2711 may require that an applicant submit references. Applications 1 for examination in fundamentals in the practice of engineering 2 and land surveying shall be accompanied by application fees 3 determined by the board. The board shall determine the annual 4 cost of administering the examinations and shall set the fees 5 accordingly. 6 Sec. 33. Section 543B.15, subsection 2, Code 2026, is 7 amended to read as follows: 8 2. To qualify for a license as a real estate broker 9 or salesperson a person shall be eighteen years of age or 10 over. However, an applicant is not ineligible because of 11 citizenship, sex, race, religion, marital status, or national 12 origin, although the application form may require citizenship 13 information. 14 Sec. 34. Section 544A.25, subsection 1, Code 2026, is 15 amended to read as follows: 16 1. An applicant is not ineligible for licensure because 17 of age, citizenship, sex, race, religion, marital status, or 18 national origin, although the application form may require 19 citizenship information. Character references may be required. 20 Sec. 35. Section 602.1204, subsection 2, Code 2026, is 21 amended to read as follows: 22 2. The state court administrator may issue directives 23 relating to the management of the judicial branch. The subject 24 matters of these directives shall include, but need not be 25 limited to, fiscal procedures, the judicial retirement system, 26 and the collection and reporting of statistical and other 27 data. The directives shall provide for an affirmative action 28 plan which shall be based upon guidelines provided by the Iowa 29 state civil rights commission. In addition, when establishing 30 salaries and benefits the state court administrator shall not 31 discriminate in the employment or pay between employees on 32 the basis of gender by paying wages to employees at a rate 33 less than the rate at which wages are paid to employees of the 34 opposite gender for work of comparable worth. As used in this 35 -11- LSB 6184HV (2) 91 sc/ns 11/ 15
H.F. 2711 section “comparable worth” means the value of work as measured 1 by the composite of the skill, effort, responsibility, and 2 working conditions normally required in the performance of 3 work. 4 Sec. 36. Section 602.1209, subsection 3, Code 2026, is 5 amended to read as follows: 6 3. Authorize the filling of vacant court employee 7 positions , and review the qualifications of each person 8 to be employed within the judicial branch , and assure that 9 affirmative action goals are being met by the judicial branch . 10 The state court administrator shall not approve the employment 11 of a person when either the proposed terms and conditions 12 of employment or the qualifications of the individual do 13 not satisfy personnel policies of the judicial branch. The 14 administrator shall implement the comparable worth directives 15 issued under section 602.1204, subsection 2 , in all court 16 employment decisions. 17 Sec. 37. REPEAL. Sections 8.11, 19B.5, 80B.11G, 260C.29, 18 262.81, 262.82, 262.91, and 262.92, Code 2026, are repealed. 19 Sec. 38. CODE EDITOR DIRECTIVE. 20 1. The Code editor is directed to make the following 21 transfer: 22 Section 262.93 to section 256.217A. 23 2. The Code editor shall correct internal references in the 24 Code and in any enacted legislation as necessary due to the 25 enactment of this section. 26 EXPLANATION 27 The inclusion of this explanation does not constitute agreement with 28 the explanation’s substance by the members of the general assembly. 29 Current law sets forth a state policy to apply affirmative 30 action measures to correct deficiencies in the state employment 31 system where those remedies are appropriate, and sets forth 32 various requirements relating to affirmative action for state 33 and educational entities including but not limited to the 34 department of administrative services (DAS), the state board 35 -12- LSB 6184HV (2) 91 sc/ns 12/ 15
H.F. 2711 of regents, the judicial branch, the department of education, 1 school districts, area education agencies, community colleges, 2 and accredited private institutions. 3 This bill strikes those provisions, including but not 4 limited to provisions requiring the preparation of an 5 affirmative action plan (Code section 19B.4(1)) and submission 6 of annual affirmative action reports (Code section 19B.5). The 7 bill also strikes provisions requiring DAS and the board of 8 regents to conduct studies to evaluate employment practices and 9 develop improved methods of dealing with all employment issues 10 related to affirmative action and equal employment opportunity. 11 The bill strikes the requirement that DAS’s and the board 12 of regents’ contract compliance policies assure the equitable 13 provision of services within state programs and the utilization 14 of minority, women’s, and disadvantaged business enterprises 15 (Code section 19B.7(1)(a)). The bill instead requires that 16 DAS’s and the board of regents’ contract compliance policies 17 assure the utilization of Iowa-based businesses and that DAS 18 and the board of regents report on equal opportunity efforts 19 related to the use of Iowa-based businesses. 20 The bill strikes the obligation of school districts, 21 area education agencies, and community colleges to submit an 22 annual report about affirmative action and equal opportunity 23 accomplishments and programs to the director of the department 24 of education. The bill requires the director of the department 25 of education to submit the annual report on fair employment 26 practices to the general assembly, in addition to the 27 department of management as required under current law. 28 The bill strikes the requirement for the director of the Iowa 29 law enforcement academy to promulgate rules related to dealing 30 with gang-affected youth and racial and cultural awareness 31 training, the requirement for a law enforcement agency to 32 provide annual training to officers on issues relating to 33 de-escalation techniques and the prevention of bias, and the 34 requirement for the Iowa law enforcement academy to develop and 35 -13- LSB 6184HV (2) 91 sc/ns 13/ 15
H.F. 2711 disseminate related training guidelines. 1 Under current law, a certificate of need is required for a 2 new or changed institutional health service to be offered or 3 developed. The bill removes the contribution of the proposed 4 institutional health service in meeting the needs of racial and 5 ethnic minorities from the list the department of health and 6 human services must consider in determining whether to issue 7 a certificate of need. 8 Under current law, the board of medicine must prioritize 9 processing applications for licensure submitted by a physician, 10 surgeon, and osteopathic physician or surgeon whose practice 11 will primarily involve serving underserved populations, 12 including but not limited to minorities or low-income persons, 13 or persons who live in rural areas. The bill alters this 14 requirement to require the board of medicine to prioritize 15 applications for those who will primarily serve medically 16 underserved communities, including low-income persons, and 17 those living in rural areas. 18 The bill eliminates the academic incentives for minorities 19 program, the minority and women educators enhancement program, 20 and the college-bound program. The bill also removes the 21 provisions limiting the Iowa minority academic grants for 22 economic success program to minorities and strikes the goal 23 of recruiting and retaining women and minorities in math and 24 science education from the math and science education grant 25 program. 26 The bill defines the term “minority” for purposes of the 27 annual report the college student aid commission must submit 28 on the number of minority students and faculty members at 29 a postsecondary institution whose students are eligible 30 for financial assistance under programs administered by the 31 commission. Under federal regulations referenced in the bill, 32 “minority” means African American, Native American, Hispanic 33 American, Asian-Pacific American, or Subcontinent-Asian 34 American. 35 -14- LSB 6184HV (2) 91 sc/ns 14/ 15
H.F. 2711 The bill eliminates provisions stating that an applicant for 1 a license to work in health care, architecture, engineering, 2 land surveying, or real estate is not ineligible because of 3 citizenship and that an applicant for certification as a public 4 accountant is not ineligible due to citizenship. 5 The bill repeals the requirement for an application for 6 a grant from a state agency to include a minority impact 7 statement. 8 -15- LSB 6184HV (2) 91 sc/ns 15/ 15