House File 2391 - Introduced



                                       HOUSE FILE       
                                       BY  COMMITTEE ON STATE GOVERNMENT

                                       (SUCCESSOR TO HSB 616)

    Passed House, Date               Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act providing for the establishment of a commission on Native
  2    American affairs within the department of human rights.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 5717HV 82
  5 ec/nh/5

PAG LIN



  1  1    Section 1.  Section 7E.5, subsection 1, paragraph s, Code
  1  2 2007, is amended to read as follows:
  1  3    s.  The department of human rights, created in section
  1  4 216A.1, which has primary responsibility for services relating
  1  5 to Latino persons, women, persons with disabilities, community
  1  6 action agencies, criminal and juvenile justice planning, the
  1  7 status of African=Americans, and deaf and hard=of=hearing
  1  8 persons, and Native=Americans.
  1  9    Sec. 2.  Section 216A.1, Code 2007, is amended by adding
  1 10 the following new subsection:
  1 11    NEW SUBSECTION.  9.  Division on Native American affairs.
  1 12    Sec. 3.  NEW SECTION.  216A.161  DEFINITIONS.
  1 13    For purposes of this subchapter, unless the context
  1 14 otherwise requires:
  1 15    1.  "Administrator" means the administrator of the division
  1 16 on Native American affairs.
  1 17    2.  "Commission" means the commission on Native American
  1 18 affairs.
  1 19    3.  "Division" means the division on Native American
  1 20 affairs of the department of human rights.
  1 21    4.  "Tribal government" means the governing body of a
  1 22 federally recognized Indian tribe.
  1 23    Sec. 4.  NEW SECTION.  216A.162  ESTABLISHMENT == PURPOSE.
  1 24    1.  A commission on Native American affairs is established
  1 25 consisting of eleven voting members appointed by the governor,
  1 26 subject to confirmation by the senate.  The members of the
  1 27 commission shall appoint one of the members to serve as
  1 28 chairperson of the commission.
  1 29    2.  The purpose of the commission shall be to work in
  1 30 concert with tribal governments, Native American groups, and
  1 31 Native American persons in this state to advance the interests
  1 32 of tribal governments and Native American persons in the areas
  1 33 of human rights, access to justice, economic equality, and the
  1 34 elimination of discrimination.
  1 35    3.  The members of the commission shall be as follows:
  2  1    a.  Seven public members appointed in compliance with
  2  2 sections 69.16 and 69.16A who shall be appointed with
  2  3 consideration given to the geographic residence of the member
  2  4 and the population density of Native Americans within the
  2  5 vicinity of the geographic residence of a member.  Of the
  2  6 seven public members appointed, at least one shall be a Native
  2  7 American who is an enrolled tribal member living on a tribal
  2  8 settlement or reservation in Iowa and whose tribal government
  2  9 is located in Iowa and one shall be a Native American who is
  2 10 primarily descended from a tribe other than those specified in
  2 11 paragraph "b".
  2 12    b.  Four members selected by and representing each of the
  2 13 following tribal governments:
  2 14    (1)  Sac and Fox tribe of the Mississippi in Iowa.
  2 15    (2)  Omaha tribe of Nebraska.
  2 16    (3)  Winnebago tribe of Nebraska.
  2 17    (4)  Ponca tribe of Nebraska.
  2 18    c.  All members of the commission shall be residents of
  2 19 Iowa.
  2 20    Sec. 5.  NEW SECTION.  216A.163  TERM OF OFFICE.
  2 21    Five of the members appointed to the initial commission
  2 22 shall be designated by the governor to serve two=year terms,
  2 23 and six shall be designated by the governor to serve four=year
  2 24 terms.  Succeeding appointments shall be for a term of four
  2 25 years.  Vacancies in the membership shall be filled for the
  2 26 remainder of the term of the original appointment.
  2 27    Sec. 6.  NEW SECTION.  216A.164  MEETINGS OF THE
  2 28 COMMISSION.
  2 29    The commission shall meet at least four times each year,
  2 30 and shall hold special meetings on the call of the
  2 31 chairperson.  The commission shall adopt rules pursuant to
  2 32 chapter 17A as it deems necessary for the conduct of its
  2 33 business.  The members of the commission shall be reimbursed
  2 34 for actual expenses while engaged in their official duties.  A
  2 35 member may also be eligible to receive compensation as
  3  1 provided in section 7E.6.
  3  2    Sec. 7.  NEW SECTION.  216A.165  DUTIES.
  3  3    The commission shall have all powers necessary to carry out
  3  4 the functions and duties specified in this subchapter and
  3  5 shall do all of the following:
  3  6    1.  Advise the governor and the general assembly on issues
  3  7 confronting tribal governments and Native American persons in
  3  8 this state.
  3  9    2.  Promote legislation beneficial to tribal governments
  3 10 and Native American persons in this state.
  3 11    3.  Recommend to the governor and the general assembly any
  3 12 revisions in the state's affirmative action program and other
  3 13 steps necessary to eliminate discrimination against and the
  3 14 underutilization of Native American persons in the state's
  3 15 workforce.
  3 16    4.  Serve as a conduit to state government for Native
  3 17 American persons in this state.
  3 18    5.  Serve as an advocate for Native American persons and a
  3 19 referral agency to assist Native American persons in securing
  3 20 access to justice and state agencies and programs.
  3 21    6.  Serve as a liaison with federal, state, and local
  3 22 governmental units, and private organizations on matters
  3 23 relating to Native American persons in this state.
  3 24    7.  Conduct studies, make recommendations, and implement
  3 25 programs designed to solve the problems of Native American
  3 26 persons in this state in the areas of human rights, housing,
  3 27 education, welfare, employment, health care, access to
  3 28 justice, and any other related problems.
  3 29    8.  Publicize the accomplishments of Native American
  3 30 persons and their contributions to this state.
  3 31    9.  Work with other state, tribal, and federal agencies and
  3 32 organizations to develop small business opportunities and
  3 33 promote economic development for Native American persons.
  3 34    Sec. 8.  NEW SECTION.  216A.166  REVIEW OF GRANT
  3 35 APPLICATIONS AND BUDGET REQUESTS.
  4  1    Before the submission of an application, a state department
  4  2 or agency shall consult with the commission concerning an
  4  3 application for federal funding that will have its primary
  4  4 effect on tribal governments or Native American persons.  The
  4  5 commission shall advise the governor, the director of the
  4  6 department of human rights, and the director of revenue
  4  7 concerning any state agency budget request that will have its
  4  8 primary effect on tribal governments or Native American
  4  9 persons.
  4 10    Sec. 9.  NEW SECTION.  216A.167  ADDITIONAL DUTIES AND
  4 11 AUTHORITY == LIMITATIONS.
  4 12    1.  The commission shall have responsibility for the budget
  4 13 of the commission and the division and shall submit the budget
  4 14 to the director of the department of human rights as provided
  4 15 in section 216A.2, subsection 2.
  4 16    2.  The commission may do any of the following:
  4 17    a.  Enter into contracts, within the limit of funds made
  4 18 available, with individuals, organizations, and institutions
  4 19 for services.
  4 20    b.  Accept gifts, grants, devises, or bequests of real or
  4 21 personal property from the federal government or any other
  4 22 source for the use and purposes of the commission.
  4 23    3.  The commission shall not have the authority to do any
  4 24 of the following:
  4 25    a.  Implement or administer the duties of the state of Iowa
  4 26 under the federal Indian Gaming Regulatory Act, shall not have
  4 27 any authority to recommend, negotiate, administer, or enforce
  4 28 any agreement or compact entered into between the state of
  4 29 Iowa and Indian tribes located in the state pursuant to
  4 30 section 10A.104, and shall not have any authority relative to
  4 31 Indian gaming issues.
  4 32    b.  Administer the duties of the state under the federal
  4 33 National Historic Preservation Act, the federal Native
  4 34 American Graves Protection and Repatriation Act, and chapter
  4 35 263B.  The commission shall also not interfere with the
  5  1 advisory role of a separate Indian advisory council or
  5  2 committee established by the state archeologist by rule for
  5  3 the purpose of consultation on matters related to ancient
  5  4 human skeletal remains and associated artifacts.
  5  5    4.  This subchapter shall not diminish or inhibit the right
  5  6 of any tribal government to interact directly with the state
  5  7 or any of its departments or agencies for any purpose which a
  5  8 tribal government desires to conduct its business or affairs
  5  9 as a sovereign governmental entity.
  5 10    Sec. 10.  NEW SECTION.  216A.168  ADMINISTRATOR.
  5 11    The commission shall designate the duties and obligations
  5 12 of the position of administrator.  The administrator shall
  5 13 carry out programs and policies as determined by the
  5 14 commission.  The administrator may employ other persons
  5 15 necessary to carry out the programs of the division.
  5 16    Sec. 11.  NEW SECTION.  216A.169  STATE AGENCY ASSISTANCE.
  5 17    On the request of the commission, state departments and
  5 18 agencies may supply the commission with advisory staff
  5 19 services on matters relating to the jurisdiction of the
  5 20 commission.  The commission shall cooperate and coordinate its
  5 21 activities with other state agencies to the highest possible
  5 22 degree.
  5 23    Sec. 12.  NEW SECTION.  216A.170  ANNUAL REPORT.
  5 24    Not later than February 1 of each year, the commission
  5 25 shall file a report in an electronic format with the governor
  5 26 and the general assembly of its activities for the previous
  5 27 calendar year.  With the report, the commission may submit any
  5 28 recommendations pertaining to its activities and shall submit
  5 29 recommendations for legislative consideration and other action
  5 30 it deems necessary.
  5 31    Sec. 13.  COMMISSION ON NATIVE AMERICAN AFFAIRS ==
  5 32 TRANSITION PROVISIONS.
  5 33    1.  The initial members of the commission established
  5 34 pursuant to this Act shall be appointed by September 1, 2008.
  5 35    2.  Notwithstanding any provision of this Act to the
  6  1 contrary, an administrator of the division on Native American
  6  2 affairs and employees of the division shall not be appointed
  6  3 or hired prior to July 1, 2009.
  6  4    3.  Prior to June 1, 2009, the commission shall submit a
  6  5 report to the director of human rights.  The report shall
  6  6 include a job description for the administrator of the
  6  7 division, goals for division operations, and performance
  6  8 measures to measure achievement of division goals.
  6  9                           EXPLANATION
  6 10    This bill establishes a division on Native American affairs
  6 11 within the department of human rights.  The commission on the
  6 12 Native American affairs is also created.
  6 13    The commission consists of 11 members, appointed by the
  6 14 governor and subject to senate confirmation.  Of the members,
  6 15 seven shall be public members and at least one of the seven
  6 16 shall be a Native American who is an enrolled tribal member
  6 17 living on a tribal settlement or reservation in Iowa and whose
  6 18 tribal government is located in Iowa and one shall be a Native
  6 19 American descended from a tribe other than those specified in
  6 20 the bill.  The other four members shall be from each of the
  6 21 following tribal governments:  the Sac and Fox tribe of the
  6 22 Mississippi in Iowa, the Omaha tribe of Nebraska, the
  6 23 Winnebago tribe of Nebraska, and the Ponca tribe of Nebraska.
  6 24    Duties of the commission are specified.
  6 25    The bill also provides that initial appointment of members
  6 26 to the commission shall be by September 1, 2008, and that
  6 27 division employees and a division administrator shall not be
  6 28 hired or appointed prior to July 1, 2009.  By June 1, 2009,
  6 29 the commission shall submit a report to include a job
  6 30 description for the administrator and goals, and applicable
  6 31 performance measures, for the division.
  6 32 LSB 5717HV 82
  6 33 ec/nh/5