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