HSB 212 (LSB 2810YC (1) 91)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON HOLT)

A BILL FOR

An Act relating to affirmative action and equal opportunity requirements for state and certain educational entities.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 8A.111, subsection 7, Code 2025, is amended by striking the subsection.
    Sec. 2.  Section 8A.402, subsection 1, paragraph d, Code 2025, is amended to read as follows:
   d.  Equal employment opportunity, affirmative action, and workforce diversity programs.
    Sec. 3.  Section 19B.1, subsection 1, Code 2025, is amended by striking the subsection.
    Sec. 4.  Section 19B.2, subsection 1, Code 2025, is amended to read as follows:
   1.  It is the policy of this state to provide equal opportunity in state employment to all persons. An individual shall not be denied equal access to state employment opportunities because of race, creed, color, religion, national origin, sex, age, or physical or mental disability. It also is the policy of this state to apply affirmative action measures to correct deficiencies in the state employment system where those remedies are appropriate. This policy shall be construed broadly to effectuate its purposes.
    Sec. 5.  Section 19B.3, Code 2025, is amended to read as follows:
   19B.3  Administrative responsibilities of department of administrative services and board of regents.
   1.  The department of administrative services is responsible for the administration and promotion of equal opportunity and affirmative action efforts in the recruitment, appointment, assignment, and advancement of personnel by all state agencies except the state board of regents and the institutions under its the board’s jurisdiction. In carrying out this responsibility, the department shall do all of the following with respect to state agencies other than the state board of regents and its the board’s institutions:
   a.  Designate a position as the state affirmative action administrator.
   b.  Propose affirmative action standards applicable to each state agency based on the population of the community in which the agency functions, the population served by the agency, or the persons that can be reasonably recruited.
   c.  Gather data necessary to maintain an ongoing assessment of affirmative action efforts in state agencies.
   d.  Monitor accomplishments with respect to affirmative action remedies identified in affirmative action plans of state agencies.
   e.  Conduct studies of preemployment and postemployment processes in order to evaluate employment practices and develop improved methods of dealing with all employment issues related to equal employment opportunity and affirmative action.
   f.  Establish a state recruitment coordinating committee to assist in addressing affirmative action recruitment needs, with members appointed by the director of the department of administrative services.
   g.  a.  Address equal opportunity and affirmative action training needs of all state agencies by doing all of the following:
   (1)  Providing appropriate training for managers and supervisors.
   (2)  Insuring Ensuring that all state agencies make training available for all staff members whose duties relate to personnel administration.
   (3)  Investigating means for training in the area of career development.
   h.  b.  Coordinate and develop equal employment opportunity reports, including the initiation of the processes necessary for the completion of the annual EEO-4 report required by the federal equal employment opportunity commission.
   i.  c.  Address equal opportunity and affirmative action policies with respect to employee benefits and leaves of absence.
   j.  d.  Adopt equal employment opportunity and affirmative action rules in accordance with chapter 17A.
   2.  The state board of regents is responsible for the administration and promotion of equal opportunity and affirmative action efforts in the recruitment, appointment, assignment, and advancement of personnel by the board and the institutions under its jurisdiction. In carrying out this responsibility, the board shall do all of the following with respect to the board and its institutions:
   a.  Designate a position as the regents’ affirmative action coordinator.
   b.  Propose affirmative action standards applicable to the board and each institution under its jurisdiction.
   c.  Gather data necessary to maintain an ongoing assessment of affirmative action efforts.
   d.  Monitor accomplishments with respect to affirmative action remedies identified in affirmative action plans.
   e.  Conduct studies of preemployment and postemployment processes in order to evaluate employment practices and develop improved methods of dealing with all employment issues related to equal employment opportunity and affirmative action.
   f.  Establish an equal employment committee to assist in addressing affirmative action needs, including recruitment.
   g.  a.  Address equal opportunity and affirmative action training needs by doing all of the following:
   (1)  Providing appropriate training for managers and supervisors.
   (2)  Insuring Ensuring that the board and its institutions make training available for all staff members whose duties relate to personnel administration.
   (3)  Investigating means for training in the area of career development.
   h.  b.  Require development of equal employment opportunity reports, including the initiation of the processes necessary for the completion of reports required by the federal equal employment opportunity commission.
   i.  c.  Address equal opportunity and affirmative action policies with respect to employee benefits and leaves of absence.
   j.  d.  Adopt equal employment opportunity and affirmative action rules in accordance with chapter 17A.
    Sec. 6.  Section 19B.4, subsection 1, Code 2025, is amended by striking the subsection.
    Sec. 7.  Section 19B.6, Code 2025, is amended to read as follows:
   19B.6  Responsibilities of department of administrative services —— affirmative action.
   The department of administrative services shall oversee the implementation of sections 19B.1 through 19B.5 19B.4 and shall work with the governor to ensure compliance with those sections, including the attainment of affirmative action goals and timetables, by all state agencies, excluding the state board of regents and its the board’s institutions. 
    Sec. 8.  Section 19B.7, subsection 1, paragraph a, subparagraph (2), Code 2025, is amended by striking the subparagraph.
    Sec. 9.  Section 19B.7, subsection 1, paragraph d, Code 2025, is amended to read as follows:
   d.  Report results under the contract compliance policy to the governor and the general assembly on an annual basis. Any information reported by the department of administrative services to the economic development authority pursuant to section 15.108 shall not be required to be part of the report under this paragraph. The report shall detail specific efforts to promote equal opportunity through state contracts and services and efforts to promote, develop, and stimulate the utilization of minority, women’s, and disadvantaged business enterprises in programs receiving or benefiting from state financial assistance.
    Sec. 10.  Section 19B.11, Code 2025, is amended to read as follows:
   19B.11  School districts, area education agencies, and community colleges —— duties of director of department of education.
   1.  It is the policy of this state to provide equal opportunity in school district, area education agency, and community college employment to all persons. An individual shall not be denied equal access to school district, area education agency, or community college employment opportunities because of race, creed, color, religion, national origin, sex, age, or physical or mental disability. It also is the policy of this state to apply affirmative action measures to correct deficiencies in school district, area education agency, and community college employment systems where those remedies are appropriate. This policy shall be construed broadly to effectuate its purposes.
   2.  The director of the department of education shall actively promote fair employment practices for all school district, area education agency, and community college employees and the state board of education shall adopt rules requiring specific steps by school districts, area education agencies, and community colleges to accomplish the goals of equal employment opportunity and affirmative action in the recruitment, appointment, assignment, and advancement of personnel. Each school district, area education agency, and community college shall be required to develop affirmative action standards which are based on the population of the community in which it functions, the student population served, or the persons who can be reasonably recruited. The director of education shall consult with the department of administrative services in the performance of duties under this section.
   3.  Each school district, area education agency, and community college in the state shall submit to the director of the department of education an annual report of the accomplishments and programs of the district, agency, or community college in carrying out its duties under this section. The report shall be submitted between December 15 and December 31 each year. The director shall prescribe the form and content of the report.
   4.  3.  The director of the department of education shall prepare a compilation of the reports required by subsection 3 and shall submit this compilation, together with a report of the director’s accomplishments and programs pursuant to this section, to the department of management by January 31 of each year.
    Sec. 11.  Section 256.183, subsection 1, paragraph d, Code 2025, is amended to read as follows:
   d.  Promotes equal opportunity and affirmative action efforts in the recruitment, appointment, assignment, and advancement of personnel at the institution and provides information regarding such efforts to the commission upon request.
    Sec. 12.  Section 602.1204, subsection 2, Code 2025, is amended to read as follows:
   2.  The state court administrator may issue directives relating to the management of the judicial branch. The subject matters of these directives shall include, but need not be limited to, fiscal procedures, the judicial retirement system, and the collection and reporting of statistical and other data. The directives shall provide for an affirmative action plan which shall be based upon guidelines provided by the Iowa state civil rights commission. In addition, when establishing salaries and benefits the state court administrator shall not discriminate in the employment or pay between employees on the basis of gender by paying wages to employees at a rate less than the rate at which wages are paid to employees of the opposite gender for work of comparable worth. As used in this section “comparable worth” means the value of work as measured by the composite of the skill, effort, responsibility, and working conditions normally required in the performance of work.
    Sec. 13.  Section 602.1209, subsection 3, Code 2025, is amended to read as follows:
   3.  Authorize the filling of vacant court employee positions, and review the qualifications of each person to be employed within the judicial branch, and assure that affirmative action goals are being met by the judicial branch. The state court administrator shall not approve the employment of a person when either the proposed terms and conditions of employment or the qualifications of the individual do not satisfy personnel policies of the judicial branch. The administrator shall implement the comparable worth directives issued under section 602.1204, subsection 2, in all court employment decisions.
    Sec. 14.  REPEAL.  Sections 19B.5 and 19B.8, Code 2025, are repealed.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   Current law sets forth a state policy to apply affirmative action measures to correct deficiencies in the state employment system where those remedies are appropriate, and sets forth various requirements relating to affirmative action for state and educational entities including but not limited to the department of administrative services (DAS), the state board of regents, the judicial branch, the department of education, school districts, area education agencies, community colleges, and accredited private institutions.
   This bill strikes or repeals those provisions, including but not limited to provisions requiring the preparation of an affirmative action plan (Code section 19B.4(1)) and submission of annual affirmative action reports by each state agency (Code section 19B.5). The bill also strikes a provision requiring DAS and the board of regents to conduct studies to evaluate employment practices and develop improved methods of dealing with all employment issues related to equal employment opportunity and affirmative action.
   The bill strikes the requirement that DAS’ and the state board of regents’ contract compliance policies assure the utilization of minority, women’s, and disadvantaged business enterprises (Code section 19B.7(1)(a)(2)) and that DAS and the board of regents report on specific efforts related to equal opportunity and the use of minority, women’s, and disadvantaged business enterprises.
   The bill repeals a provision allowing DAS to impose sanctions on a state agency, community college, area education agency, or school district to ensure compliance with state programs emphasizing equal opportunity through affirmative action, contract compliance policies, and procurement goals for targeted small businesses (Code section 19B.8).
   The bill strikes the obligation of school districts, area education agencies, and community colleges to submit an annual report to the director of the department of education on accomplishments and programs related to equal opportunity and affirmative action.