House
Study
Bill
212
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
HOLT)
A
BILL
FOR
An
Act
relating
to
affirmative
action
and
equal
opportunity
1
requirements
for
state
and
certain
educational
entities.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
2810YC
(1)
91
sc/ns
H.F.
_____
Section
1.
Section
8A.111,
subsection
7,
Code
2025,
is
1
amended
by
striking
the
subsection.
2
Sec.
2.
Section
8A.402,
subsection
1,
paragraph
d,
Code
3
2025,
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
2025,
is
amended
7
by
striking
the
subsection.
8
Sec.
4.
Section
19B.2,
subsection
1,
Code
2025,
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
2025,
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
2810YC
(1)
91
sc/ns
1/
8
H.F.
_____
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
2810YC
(1)
91
sc/ns
2/
8
H.F.
_____
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
2810YC
(1)
91
sc/ns
3/
8
H.F.
_____
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
2025,
is
amended
5
by
striking
the
subsection.
6
Sec.
7.
Section
19B.6,
Code
2025,
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
(2),
Code
2025,
is
amended
by
striking
the
18
subparagraph.
19
Sec.
9.
Section
19B.7,
subsection
1,
paragraph
d,
Code
2025,
20
is
amended
to
read
as
follows:
21
d.
Report
results
under
the
contract
compliance
policy
22
to
the
governor
and
the
general
assembly
on
an
annual
basis.
23
Any
information
reported
by
the
department
of
administrative
24
services
to
the
economic
development
authority
pursuant
to
25
section
15.108
shall
not
be
required
to
be
part
of
the
report
26
under
this
paragraph.
The
report
shall
detail
specific
efforts
27
to
promote
equal
opportunity
through
state
contracts
and
28
services
and
efforts
to
promote,
develop,
and
stimulate
the
29
utilization
of
minority,
women’s,
and
disadvantaged
business
30
enterprises
in
programs
receiving
or
benefiting
from
state
31
financial
assistance.
32
Sec.
10.
Section
19B.11,
Code
2025,
is
amended
to
read
as
33
follows:
34
19B.11
School
districts,
area
education
agencies,
and
35
-4-
LSB
2810YC
(1)
91
sc/ns
4/
8
H.F.
_____
community
colleges
——
duties
of
director
of
department
of
1
education.
2
1.
It
is
the
policy
of
this
state
to
provide
equal
3
opportunity
in
school
district,
area
education
agency,
and
4
community
college
employment
to
all
persons.
An
individual
5
shall
not
be
denied
equal
access
to
school
district,
area
6
education
agency,
or
community
college
employment
opportunities
7
because
of
race,
creed,
color,
religion,
national
origin,
sex,
8
age,
or
physical
or
mental
disability.
It
also
is
the
policy
9
of
this
state
to
apply
affirmative
action
measures
to
correct
10
deficiencies
in
school
district,
area
education
agency,
and
11
community
college
employment
systems
where
those
remedies
12
are
appropriate.
This
policy
shall
be
construed
broadly
to
13
effectuate
its
purposes.
14
2.
The
director
of
the
department
of
education
shall
15
actively
promote
fair
employment
practices
for
all
school
16
district,
area
education
agency,
and
community
college
17
employees
and
the
state
board
of
education
shall
adopt
rules
18
requiring
specific
steps
by
school
districts,
area
education
19
agencies,
and
community
colleges
to
accomplish
the
goals
of
20
equal
employment
opportunity
and
affirmative
action
in
the
21
recruitment,
appointment,
assignment,
and
advancement
of
22
personnel.
Each
school
district,
area
education
agency,
and
23
community
college
shall
be
required
to
develop
affirmative
24
action
standards
which
are
based
on
the
population
of
the
25
community
in
which
it
functions,
the
student
population
26
served,
or
the
persons
who
can
be
reasonably
recruited.
The
27
director
of
education
shall
consult
with
the
department
of
28
administrative
services
in
the
performance
of
duties
under
this
29
section
.
30
3.
Each
school
district,
area
education
agency,
and
31
community
college
in
the
state
shall
submit
to
the
director
32
of
the
department
of
education
an
annual
report
of
the
33
accomplishments
and
programs
of
the
district,
agency,
or
34
community
college
in
carrying
out
its
duties
under
this
35
-5-
LSB
2810YC
(1)
91
sc/ns
5/
8
H.F.
_____
section
.
The
report
shall
be
submitted
between
December
15
and
1
December
31
each
year.
The
director
shall
prescribe
the
form
2
and
content
of
the
report.
3
4.
3.
The
director
of
the
department
of
education
shall
4
prepare
a
compilation
of
the
reports
required
by
subsection
3
5
and
shall
submit
this
compilation,
together
with
a
report
of
6
the
director’s
accomplishments
and
programs
pursuant
to
this
7
section
,
to
the
department
of
management
by
January
31
of
each
8
year.
9
Sec.
11.
Section
256.183,
subsection
1,
paragraph
d,
Code
10
2025,
is
amended
to
read
as
follows:
11
d.
Promotes
equal
opportunity
and
affirmative
action
efforts
12
in
the
recruitment,
appointment,
assignment,
and
advancement
of
13
personnel
at
the
institution
and
provides
information
regarding
14
such
efforts
to
the
commission
upon
request.
15
Sec.
12.
Section
602.1204,
subsection
2,
Code
2025,
is
16
amended
to
read
as
follows:
17
2.
The
state
court
administrator
may
issue
directives
18
relating
to
the
management
of
the
judicial
branch.
The
subject
19
matters
of
these
directives
shall
include,
but
need
not
be
20
limited
to,
fiscal
procedures,
the
judicial
retirement
system,
21
and
the
collection
and
reporting
of
statistical
and
other
22
data.
The
directives
shall
provide
for
an
affirmative
action
23
plan
which
shall
be
based
upon
guidelines
provided
by
the
Iowa
24
state
civil
rights
commission.
In
addition,
when
establishing
25
salaries
and
benefits
the
state
court
administrator
shall
not
26
discriminate
in
the
employment
or
pay
between
employees
on
27
the
basis
of
gender
by
paying
wages
to
employees
at
a
rate
28
less
than
the
rate
at
which
wages
are
paid
to
employees
of
the
29
opposite
gender
for
work
of
comparable
worth.
As
used
in
this
30
section
“comparable
worth”
means
the
value
of
work
as
measured
31
by
the
composite
of
the
skill,
effort,
responsibility,
and
32
working
conditions
normally
required
in
the
performance
of
33
work.
34
Sec.
13.
Section
602.1209,
subsection
3,
Code
2025,
is
35
-6-
LSB
2810YC
(1)
91
sc/ns
6/
8
H.F.
_____
amended
to
read
as
follows:
1
3.
Authorize
the
filling
of
vacant
court
employee
2
positions
,
and
review
the
qualifications
of
each
person
3
to
be
employed
within
the
judicial
branch
,
and
assure
that
4
affirmative
action
goals
are
being
met
by
the
judicial
branch
.
5
The
state
court
administrator
shall
not
approve
the
employment
6
of
a
person
when
either
the
proposed
terms
and
conditions
7
of
employment
or
the
qualifications
of
the
individual
do
8
not
satisfy
personnel
policies
of
the
judicial
branch.
The
9
administrator
shall
implement
the
comparable
worth
directives
10
issued
under
section
602.1204,
subsection
2
,
in
all
court
11
employment
decisions.
12
Sec.
14.
REPEAL.
Sections
19B.5
and
19B.8,
Code
2025,
are
13
repealed.
14
EXPLANATION
15
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
16
the
explanation’s
substance
by
the
members
of
the
general
assembly.
17
Current
law
sets
forth
a
state
policy
to
apply
affirmative
18
action
measures
to
correct
deficiencies
in
the
state
employment
19
system
where
those
remedies
are
appropriate,
and
sets
forth
20
various
requirements
relating
to
affirmative
action
for
state
21
and
educational
entities
including
but
not
limited
to
the
22
department
of
administrative
services
(DAS),
the
state
board
23
of
regents,
the
judicial
branch,
the
department
of
education,
24
school
districts,
area
education
agencies,
community
colleges,
25
and
accredited
private
institutions.
26
This
bill
strikes
or
repeals
those
provisions,
including
27
but
not
limited
to
provisions
requiring
the
preparation
of
an
28
affirmative
action
plan
(Code
section
19B.4(1))
and
submission
29
of
annual
affirmative
action
reports
by
each
state
agency
30
(Code
section
19B.5).
The
bill
also
strikes
a
provision
31
requiring
DAS
and
the
board
of
regents
to
conduct
studies
to
32
evaluate
employment
practices
and
develop
improved
methods
of
33
dealing
with
all
employment
issues
related
to
equal
employment
34
opportunity
and
affirmative
action.
35
-7-
LSB
2810YC
(1)
91
sc/ns
7/
8
H.F.
_____
The
bill
strikes
the
requirement
that
DAS’
and
the
state
1
board
of
regents’
contract
compliance
policies
assure
the
2
utilization
of
minority,
women’s,
and
disadvantaged
business
3
enterprises
(Code
section
19B.7(1)(a)(2))
and
that
DAS
and
the
4
board
of
regents
report
on
specific
efforts
related
to
equal
5
opportunity
and
the
use
of
minority,
women’s,
and
disadvantaged
6
business
enterprises.
7
The
bill
repeals
a
provision
allowing
DAS
to
impose
8
sanctions
on
a
state
agency,
community
college,
area
education
9
agency,
or
school
district
to
ensure
compliance
with
state
10
programs
emphasizing
equal
opportunity
through
affirmative
11
action,
contract
compliance
policies,
and
procurement
goals
for
12
targeted
small
businesses
(Code
section
19B.8).
13
The
bill
strikes
the
obligation
of
school
districts,
area
14
education
agencies,
and
community
colleges
to
submit
an
annual
15
report
to
the
director
of
the
department
of
education
on
16
accomplishments
and
programs
related
to
equal
opportunity
and
17
affirmative
action.
18
-8-
LSB
2810YC
(1)
91
sc/ns
8/
8