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,anddeaf 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