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