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House
File
2711
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House
File
2711
AN
ACT
RELATING
TO
STATE
POLICIES
AND
PROGRAMS
WITH
RACE
OR
GENDER
REQUIREMENTS.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
8A.111,
subsection
7,
Code
2026,
is
amended
by
striking
the
subsection.
Sec.
2.
Section
8A.402,
subsection
1,
paragraph
d,
Code
2026,
is
amended
to
read
as
follows:
d.
Equal
employment
opportunity
,
affirmative
action,
and
workforce
diversity
programs.
Sec.
3.
Section
19B.1,
subsection
1,
Code
2026,
is
amended
by
striking
the
subsection.
Sec.
4.
Section
19B.2,
subsection
1,
Code
2026,
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
2026,
is
amended
to
read
as
follows:
19B.3
Administrative
responsibilities
of
department
of
House
File
2711,
p.
2
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.
House
File
2711,
p.
3
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.
House
File
2711,
p.
4
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
2026,
is
amended
by
striking
the
subsection.
Sec.
7.
Section
19B.6,
Code
2026,
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
(1),
Code
2026,
is
amended
by
striking
the
subparagraph.
Sec.
9.
Section
19B.7,
subsection
1,
paragraph
a,
subparagraph
(2),
Code
2026,
is
amended
to
read
as
follows:
(2)
The
utilization
of
minority,
women’s,
and
disadvantaged
Iowa-based
business
enterprises
as
sources
of
supplies,
equipment,
construction,
and
services.
Sec.
10.
Section
19B.7,
subsection
1,
paragraph
d,
Code
2026,
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
73.22
shall
not
be
required
to
be
part
of
the
report
under
this
paragraph.
The
report
shall
must
detail
specific
efforts
to
promote
equal
opportunity
through
state
contracts
and
services
and
efforts
to
promote,
develop,
House
File
2711,
p.
5
and
stimulate
the
utilization
of
minority,
women’s,
and
disadvantaged
Iowa-based
business
enterprises
in
programs
receiving
or
benefiting
from
state
financial
assistance
.
Sec.
11.
Section
19B.7,
subsection
1,
paragraph
e,
Code
2026,
is
amended
by
striking
the
paragraph.
Sec.
12.
Section
19B.8,
Code
2026,
is
amended
to
read
as
follows:
19B.8
Sanctions.
The
department
of
administrative
services
may
impose
appropriate
sanctions
on
individual
state
agencies,
including
the
state
board
of
regents
and
its
the
board’s
institutions,
and
upon
a
community
college,
area
education
agency,
or
school
district,
in
order
to
ensure
compliance
with
state
programs
emphasizing
equal
opportunity
through
affirmative
action
,
contract
compliance
policies,
and
requirements
for
procurement
goals
for
targeted
small
businesses
Iowa-based
business
enterprises
.
Sec.
13.
Section
19B.11,
Code
2026,
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
House
File
2711,
p.
6
agencies,
and
community
colleges
to
accomplish
the
goals
goal
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
and
the
general
assembly
by
January
31
of
each
year.
Sec.
14.
Section
80B.11,
subsection
1,
paragraph
d,
Code
2026,
is
amended
by
striking
the
paragraph.
Sec.
15.
Section
80B.11G,
subsections
1
and
3,
Code
2026,
are
amended
to
read
as
follows:
1.
A
law
enforcement
agency
shall
provide
annual
training
to
every
law
enforcement
officer
on
issues
relating
to
de-escalation
techniques
and
the
prevention
of
bias
.
Every
law
enforcement
officer
in
the
state
must
participate
in
annual
training
in
accordance
with
this
section
.
3.
Every
law
enforcement
officer
shall
adhere
to
the
training
guidelines
developed
by
the
academy
pursuant
to
this
section
.
The
training
guidelines
shall
include
all
of
the
following:
a.
An
emphasis
on
law
enforcement
officer
understanding
House
File
2711,
p.
7
and
respect
for
diverse
communities
and
the
importance
of
effective,
noncombative
methods
of
carrying
out
law
enforcement
activities
in
a
diverse
community.
b.
Instruction
on
diverse
communities
in
order
to
foster
mutual
respect
and
cooperation
between
law
enforcement
and
members
of
all
diverse
communities.
c.
An
examination
of
the
patterns,
practices,
and
protocols
that
cause
biased
law
enforcement
actions,
and
the
tools
to
prevent
such
actions.
d.
An
examination
and
identification
of
key
indices
and
perspectives
that
make
up
differences
among
residents
in
a
local
community.
e.
Instruction
on
implicit
bias
and
consideration
of
the
negative
impact
of
bias,
whether
intentional
or
implicit,
on
effective
law
enforcement,
including
examination
of
how
historical
perceptions
of
profiling
have
harmed
community
relations.
f.
Instruction
on
the
perspectives
of
diverse
local
constituency
groups
from
experts
on
particular
cultural
and
law
enforcement-community
relations
issues
in
a
local
area.
g.
A
presentation
of
the
history
and
the
role
of
the
civil
rights
movement
and
the
impact
on
law
enforcement.
h.
Instruction
instruction
on
de-escalation
techniques,
including
verbal
and
physical
tactics
to
minimize
the
need
for
the
use
of
force
and
nonlethal
methods
of
applying
force.
Sec.
16.
Section
80B.11G,
subsection
4,
Code
2026,
is
amended
by
striking
the
subsection.
Sec.
17.
Section
135.63,
subsection
1,
paragraph
a,
Code
2026,
is
amended
to
read
as
follows:
a.
The
contribution
of
the
proposed
institutional
health
service
in
meeting
the
needs
of
the
medically
underserved,
including
persons
in
rural
areas,
low-income
persons,
racial
and
ethnic
minorities,
persons
with
disabilities,
and
the
elderly,
as
well
as
the
extent
to
which
medically
underserved
residents
in
the
applicant’s
service
area
are
likely
to
have
access
to
the
proposed
institutional
health
service.
Sec.
18.
Section
148.3,
subsection
3,
Code
2026,
is
amended
to
read
as
follows:
3.
The
board
shall
give
priority
to
the
processing
of
House
File
2711,
p.
8
applications
for
licensure
submitted
by
physicians
and
surgeons
and
osteopathic
physicians
and
surgeons
whose
practice
will
primarily
involve
provision
of
service
to
medically
underserved
populations,
including
but
not
limited
to
minorities
or
low-income
persons,
or
who
live
in
rural
areas.
Sec.
19.
Section
256.36,
subsection
2,
paragraph
a,
unnumbered
paragraph
1,
Code
2026,
is
amended
to
read
as
follows:
The
goals
of
the
math
and
science
education
program
may
include
but
are
not
limited
to
any
of
the
following:
Sec.
20.
Section
256.36,
subsection
2,
paragraph
a,
subparagraph
(6),
Code
2026,
is
amended
by
striking
the
subparagraph.
Sec.
21.
Section
256.177,
subsection
10,
Code
2026,
is
amended
to
read
as
follows:
10.
Require
any
postsecondary
institution
whose
students
are
eligible
for
or
who
receive
financial
assistance
under
programs
administered
by
the
commission
to
transmit
annually
to
the
commission
information
about
the
numbers
of
minority
students
enrolled
in
and
minority
faculty
members
employed
at
the
institution.
The
commission
shall
compile
and
report
the
information
collected
to
the
general
assembly,
the
governor,
and
the
legislative
services
agency
by
March
1
annually.
For
purposes
of
this
subsection,
“minority”
means
the
same
as
defined
in
12
C.F.R.
§4.62,
as
effective
on
January
1,
2026.
Sec.
22.
Section
256.183,
subsection
1,
paragraph
d,
Code
2026,
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.
23.
Section
256.213,
Code
2026,
is
amended
to
read
as
follows:
256.213
Legislative
intent.
The
general
assembly
finds
that
the
failure
of
many
young
Iowans
to
complete
their
education
limits
their
opportunity
for
a
life
of
fulfillment
and
hinders
the
state’s
efforts
to
provide
a
well-trained
workforce
for
business
and
industry
in
Iowa.
The
general
assembly
also
declares
that
it
is
the
House
File
2711,
p.
9
policy
of
this
state
to
apply
positive
measures
to
ensure
that
equal
opportunities
exist
for
minority
persons
to
pursue
their
educational
goals.
Therefore,
the
“Iowa
Minority
Academic
Grants
for
Economic
Success”
program
is
established
to
provide
additional
funding
to
the
state
board
of
regents
institutions,
community
colleges,
and
accredited
private
institutions
in
order
to
encourage
resident
minority
students
to
remain
in
Iowa,
to
attend
community
colleges,
private
colleges,
and
universities
in
Iowa,
and
to
assure
that
a
limited
family
income
will
not
be
a
barrier
for
a
minority
person
to
pursue
a
postsecondary
education.
Sec.
24.
Section
256.214,
subsection
3,
Code
2026,
is
amended
to
read
as
follows:
3.
“Financial
need”
means
the
difference
between
the
student’s
financial
resources,
including
resources
available
from
the
student’s
parents
and
the
student,
as
determined
by
a
completed
parents’
financial
statement
and
including
any
noncampus-administered
federal
or
state
grants
and
scholarships,
and
the
student’s
estimated
expenses
while
attending
the
institution.
A
student
shall
accept
all
available
federal
and
state
grants
and
scholarships
before
being
considered
eligible
for
grants
under
the
Iowa
minority
academic
grants
for
economic
success
program.
Financial
need
shall
be
reconsidered
on
at
least
an
annual
basis.
Sec.
25.
Section
256.214,
subsection
5,
Code
2026,
is
amended
by
striking
the
subsection.
Sec.
26.
Section
256.214,
subsection
7,
Code
2026,
is
amended
to
read
as
follows:
7.
“Program”
means
the
Iowa
minority
academic
grants
for
economic
success
program
established
in
this
subpart
.
Sec.
27.
Section
256.215,
subsection
1,
Code
2026,
is
amended
by
striking
the
subsection.
Sec.
28.
Section
256.216,
subsection
7,
Code
2026,
is
amended
by
striking
the
subsection.
Sec.
29.
Section
256.216,
subsection
8,
Code
2026,
is
amended
to
read
as
follows:
8.
Administer
funds
appropriated
for
the
Iowa
minority
academic
grants
for
economic
success
program
to
carry
out
the
duties
of
the
commission.
House
File
2711,
p.
10
Sec.
30.
Section
262.9,
subsection
21,
Code
2026,
is
amended
to
read
as
follows:
21.
Direct
the
administration
of
the
Iowa
minority
academic
grants
for
economic
success
program
as
established
in
section
256.213
for
the
institutions
under
its
control.
Sec.
31.
Section
262.93,
Code
2026,
is
amended
to
read
as
follows:
262.93
Reports
to
general
assembly.
The
college
student
aid
commission
and
the
state
board
of
regents
each
shall
submit
to
the
general
assembly,
by
January
15
of
each
year,
a
report
on
the
progress
and
implementation
of
the
programs
which
they
administer
program
under
sections
256.214
through
256.217
and
262.92
.
By
January
31
of
each
year,
the
state
board
of
regents
shall
submit
a
report
to
the
general
assembly
regarding
the
progress
and
implementation
of
the
program
administered
pursuant
to
section
262.82
.
The
reports
shall
report
must
include
but
are
is
not
limited
to
the
numbers
of
students
and
educators
participating
in
the
programs
program
and
allocation
of
funds
appropriated
for
the
programs
program
.
Sec.
32.
Section
602.1204,
subsection
2,
Code
2026,
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.
House
File
2711,
p.
11
Sec.
33.
Section
602.1209,
subsection
3,
Code
2026,
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.
34.
REPEAL.
Sections
8.11,
19B.5,
260C.29,
262.81,
262.82,
262.91,
and
262.92,
Code
2026,
are
repealed.
Sec.
35.
CODE
EDITOR
DIRECTIVE.
1.
The
Code
editor
is
directed
to
make
the
following
transfer:
Section
262.93
to
section
256.217A.
2.
The
Code
editor
shall
correct
internal
references
in
the
Code
and
in
any
enacted
legislation
as
necessary
due
to
the
enactment
of
this
section.
______________________________
PAT
GRASSLEY
Speaker
of
the
House
______________________________
AMY
SINCLAIR
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
2711,
Ninety-first
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2026
______________________________
KIM
REYNOLDS
Governor