Senate File 427 - Introduced
SENATE FILE
BY COMMITTEE ON STATE GOVERNMENT
(SUCCESSOR TO SSB 1304)
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act concerning the department of human rights.
2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
3 TLSB 2681SV 83
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PAG LIN
1 1 Section 1. Section 216A.1, Code 2009, is amended to read
1 2 as follows:
1 3 216A.1 DEPARTMENT OF HUMAN RIGHTS.
1 4 A department of human rights is created, with consisting of
1 5 the following divisions division of ethnic minorities and
1 6 women and the division of disabilities, and comprised of the
1 7 following offices:
1 8 1. Division Office of Latino affairs.
1 9 2. Division Office on the status of women.
1 10 3. Division Office of persons with disabilities.
1 11 4. Division Office of community action agencies.
1 12 5. Division Office of deaf services.
1 13 6. Division Office of criminal and juvenile justice
1 14 planning.
1 15 7. Division Office on the status of African=Americans.
1 16 8. Division Office on the status of Iowans of Asian and
1 17 Pacific Islander heritage.
1 18 9. Division Office on Native American affairs.
1 19 Sec. 2. Section 216A.2, Code 2009, is amended by striking
1 20 the section and inserting in lieu thereof the following:
1 21 216A.2 APPOINTMENT OF DEPARTMENT DIRECTOR, DEPUTY
1 22 DIRECTOR, AND ADMINISTRATORS == DUTIES.
1 23 1. The governor shall appoint a director of the department
1 24 of human rights, subject to confirmation by the senate
1 25 pursuant to section 2.32. The department director shall serve
1 26 at the pleasure of the governor and is exempt from the merit
1 27 system provisions of chapter 8A, subchapter IV. The governor
1 28 shall set the salary of the department director within the
1 29 ranges set by the general assembly.
1 30 2. The director is the chief administrative officer of the
1 31 department and in that capacity administers the programs and
1 32 services of the department in compliance with applicable
1 33 federal and state laws and regulations. The duties of the
1 34 director include preparing a budget, establishing an internal
1 35 administrative structure, and employing personnel.
2 1 3. The department director shall appoint a deputy
2 2 director, the administrators of the divisions within the
2 3 department, and all other personnel deemed necessary for the
2 4 administration of this chapter. The deputy director shall
2 5 direct and administer the department in the absence of the
2 6 department director. The department director shall establish
2 7 the duties of the deputy director and the administrators of
2 8 the divisions within the department.
2 9 4. The department director shall do all of the following:
2 10 a. Establish general operating policies for the department
2 11 to provide general uniformity among the offices while
2 12 providing for necessary benefits.
2 13 b. Submit a budget for the department, subject to the
2 14 budget requirements pursuant to chapter 8.
2 15 c. Coordinate and supervise personnel services and shared
2 16 administrative support services to assure maximum support and
2 17 assistance to the divisions.
2 18 d. Identify and facilitate the opportunities for
2 19 consolidation and efficiencies within the department.
2 20 e. Serve as an ex officio member of all commissions or
2 21 councils within the department.
2 22 f. Serve as chairperson of the human rights
2 23 administrative=coordinating council.
2 24 g. Solicit and accept gifts and grants on behalf of the
2 25 department and each commission or council and administer such
2 26 gifts and grants in accordance with the terms thereof.
2 27 h. Enter into contracts with public and private
2 28 individuals and entities to conduct the business and achieve
2 29 the objectives of the department and each commission or
2 30 council.
2 31 i. Issue an annual report to the governor and general
2 32 assembly no later than November 1 of each year concerning the
2 33 operations of the department. However, the office of criminal
2 34 and juvenile justice planning and the office of community
2 35 action agencies shall submit annual reports as specified in
3 1 this chapter.
3 2 Sec. 3. Section 216A.3, Code 2009, is amended to read as
3 3 follows:
3 4 216A.3 HUMAN RIGHTS ADMINISTRATIVE=COORDINATING COUNCIL.
3 5 1. A human rights administrative=coordinating council
3 6 composed of nine ten members is created within the department
3 7 of human rights. The council is composed of the director, who
3 8 shall act as the chairperson of the council, and the
3 9 administrators within the department a representative from
3 10 each office within the department as designated by the
3 11 commission or council for each office.
3 12 2. The coordinating council shall meet periodically to:
3 13 a. Identify areas where the divisions offices within the
3 14 department might coordinate efforts or share administrative or
3 15 other support functions to provide greater efficiencies in
3 16 operation including, but not limited to, accounting, clerical,
3 17 and recordkeeping, and administrative support functions.
3 18 b. Develop cooperative arrangements and shared services
3 19 among the divisions offices to achieve greater efficiencies,
3 20 and may establish contracts and agreements between or among
3 21 two or more of the divisions offices to provide for shared
3 22 services.
3 23 c. Transfer funds within between the divisions offices
3 24 agreeing to shared services for the implementation of the
3 25 contracts or agreements between divisions offices.
3 26 d. Make recommendations to the governor and general
3 27 assembly regarding additional consolidation and coordination
3 28 that would require legislative action.
3 29 e. Advise the department director regarding actions by and
3 30 for the department.
3 31 f. Establish goals and objectives for the department.
3 32 Sec. 4. NEW SECTION. 216A.7 ACCESS TO INFORMATION.
3 33 Upon request of the director, deputy director, or an
3 34 administrator of a division of the department, all boards,
3 35 agencies, departments, and offices of the state shall make
4 1 available nonconfidential information, records, data, and
4 2 statistics which are relevant to the populations served by the
4 3 offices, councils, and commissions of the department.
4 4 Sec. 5. Section 216A.11, subsection 1, Code 2009, is
4 5 amended by striking the subsection.
4 6 Sec. 6. Section 216A.11, subsection 3, Code 2009, is
4 7 amended to read as follows:
4 8 3. "Division" "Office" means the division office of Latino
4 9 affairs of the department of human rights.
4 10 Sec. 7. Section 216A.12, Code 2009, is amended to read as
4 11 follows:
4 12 216A.12 COMMISSION OF LATINO AFFAIRS == TERMS ==
4 13 COMPENSATION.
4 14 1. The commission of Latino affairs consists of nine
4 15 members, appointed by the governor, and subject to
4 16 confirmation by the senate pursuant to section 2.32.
4 17 Commission members shall be appointed in compliance with
4 18 sections 69.16 and 69.16A and with consideration given to
4 19 geographic residence in the state and density of Latino
4 20 population represented by each member in the area of
4 21 geographic residence. Commission members shall reside in the
4 22 state.
4 23 2. The members of the commission shall be appointed during
4 24 the month of June and shall serve for terms of two years
4 25 commencing July 1 of each odd=numbered year. Members
4 26 appointed shall continue to serve until their respective
4 27 successors are appointed. Vacancies in the membership of the
4 28 commission shall be filled by the original appointing
4 29 authority and in the manner of the original appointments.
4 30 Members shall receive actual expenses incurred while serving
4 31 in their official capacity. Members may also be eligible to
4 32 receive compensation as provided in section 7E.6.
4 33 3. The commission shall select from its membership a
4 34 chairperson and other officers as it deems necessary and shall
4 35 meet at least quarterly each fiscal year. A majority of the
5 1 members currently appointed to the commission shall constitute
5 2 a quorum and the affirmative vote of a majority of the
5 3 currently appointed members is necessary for any substantive
5 4 action taken by the commission. A member shall not vote on
5 5 any action if the member has a conflict of interest on the
5 6 matter and a statement by the member of a conflict of interest
5 7 shall be conclusive for this purpose.
5 8 Sec. 8. Section 216A.14, Code 2009, is amended by striking
5 9 the section and inserting in lieu thereof the following:
5 10 216A.14 OFFICE OF LATINO AFFAIRS == DUTIES.
5 11 The office of Latino affairs is established and shall do
5 12 the following:
5 13 1. Coordinate, assist, and cooperate with the efforts of
5 14 state departments and agencies to serve the needs of Latino
5 15 persons in the fields of education, employment, health,
5 16 housing, welfare, and recreation.
5 17 2. Develop, coordinate, and assist other public
5 18 organizations which serve Latino persons.
5 19 3. Conduct training programs for Latino persons to enable
5 20 them to assume leadership positions on the community level.
5 21 4. Work to establish a Latino information center in the
5 22 state of Iowa.
5 23 Sec. 9. Section 216A.15, subsections 1 through 9, Code
5 24 2009, are amended by striking the subsections and inserting in
5 25 lieu thereof the following:
5 26 1. Study the opportunities for and changing needs of the
5 27 Latino population of this state.
5 28 2. Provide input to the department director in the
5 29 development of budget recommendations for the office.
5 30 3. Serve as liaison between the office and the public,
5 31 sharing information and gathering constituency input.
5 32 4. Adopt rules pursuant to chapter 17A as it deems
5 33 necessary for the commission and office.
5 34 5. Recommend to the department director policies and
5 35 programs for the office.
6 1 6. Recommend executive and legislative action to the
6 2 governor and general assembly.
6 3 Sec. 10. Section 216A.51, subsection 1, Code 2009, is
6 4 amended by striking the subsection.
6 5 Sec. 11. Section 216A.51, subsection 3, Code 2009, is
6 6 amended to read as follows:
6 7 3. "Division" "Office" means the division office on the
6 8 status of women of the department of human rights.
6 9 Sec. 12. Section 216A.52, Code 2009, is amended by
6 10 striking the section and inserting in lieu thereof the
6 11 following:
6 12 216A.52 OFFICE ON THE STATUS OF WOMEN.
6 13 The office on the status of women is established, and shall
6 14 do all of the following:
6 15 1. Serve as the central permanent agency to advocate for
6 16 women and girls.
6 17 2. Increase the ability of governmental agencies to
6 18 effectively respond to women and girls for better outcomes in
6 19 the state's interests, and assist public and private agencies
6 20 in joint efforts to improve the well=being and success of
6 21 women and girls.
6 22 3. Serve as a clearinghouse on programs and agencies
6 23 operating to assist women and girls.
6 24 4. Study and disseminate information relating to women and
6 25 girls.
6 26 5. Provide assistance to organized efforts by communities,
6 27 organizations, associations, and other groups working toward
6 28 better outcomes for women and girls.
6 29 Sec. 13. Section 216A.53, Code 2009, is amended by
6 30 striking the section and inserting in lieu thereof the
6 31 following:
6 32 216A.53 COMMISSION ON THE STATUS OF WOMEN ESTABLISHED.
6 33 1. The commission on the status of women is established
6 34 and shall consist of thirteen members. Four members of the
6 35 general assembly shall serve as ex officio, nonvoting members:
7 1 one to be appointed by the speaker of the house; one to be
7 2 appointed by the minority leader of the house; one to be
7 3 appointed by the president of the senate, after consultation
7 4 with the majority leader of the senate; and one to be
7 5 appointed by the minority leader of the senate, after
7 6 consultation with the president of the senate. Nine voting
7 7 members shall be appointed by the governor, subject to
7 8 confirmation by the senate pursuant to section 2.32, and shall
7 9 represent a cross section of the citizens of the state. No
7 10 more than a simple majority of the commission members shall be
7 11 from the same political party. All members shall reside in
7 12 the state.
7 13 2. a. The term of office for voting members is four
7 14 years. Members whose terms expire may be reappointed.
7 15 Vacancies in voting membership positions on the commission
7 16 shall be filled for the unexpired term in the same manner as
7 17 the original appointment. Voting members of the commission
7 18 shall receive a per diem as specified in section 7E.6 and
7 19 shall be reimbursed for actual expenses incurred while serving
7 20 in their official capacity, subject to statutory limits.
7 21 b. The legislative members of the commission shall be
7 22 appointed to terms of office as provided in section 69.16B.
7 23 Legislative members of the commission shall receive payment
7 24 pursuant to sections 2.10 and 2.12.
7 25 3. Members of the commission shall appoint a chairperson
7 26 and vice chairperson and any other officers as the commission
7 27 deems necessary. The commission shall meet at least quarterly
7 28 during each fiscal year. A majority of the voting members
7 29 currently appointed to the commission shall constitute a
7 30 quorum. A quorum of the members shall be required for the
7 31 conduct of business of the commission and the affirmative vote
7 32 of a majority of the currently appointed voting members is
7 33 necessary for any substantive action taken by the commission.
7 34 A member shall not vote on any action if the member has a
7 35 conflict of interest on the matter and a statement by the
8 1 member of a conflict of interest shall be conclusive for this
8 2 purpose.
8 3 Sec. 14. Section 216A.54, Code 2009, is amended by
8 4 striking the section and inserting in lieu thereof the
8 5 following:
8 6 216A.54 COMMISSION POWERS AND DUTIES.
8 7 1. The commission shall have the following powers and
8 8 duties:
8 9 a. Study the opportunities for and changing needs of the
8 10 women and girls of this state.
8 11 b. Serve as liaison between the office and the public,
8 12 sharing information and gathering constituency input.
8 13 c. Adopt rules pursuant to chapter 17A as it deems
8 14 necessary for the commission and office.
8 15 d. Provide input to the department director in the
8 16 development of budget recommendations for the office.
8 17 e. Recommend to the department director policies and
8 18 programs for the office.
8 19 f. Recommend legislative and executive action to the
8 20 governor and general assembly.
8 21 g. Establish advisory committees, work groups, or other
8 22 coalitions as appropriate.
8 23 Sec. 15. Section 216A.71, subsection 1, Code 2009, is
8 24 amended by striking the subsection.
8 25 Sec. 16. Section 216A.71, subsection 3, Code 2009, is
8 26 amended to read as follows:
8 27 3. "Division" "Office" means the division office of
8 28 persons with disabilities of the department of human rights.
8 29 Sec. 17. Section 216A.72, Code 2009, is amended by
8 30 striking the section and inserting in lieu thereof the
8 31 following:
8 32 216A.72 OFFICE OF PERSONS WITH DISABILITIES.
8 33 The office of persons with disabilities is established, and
8 34 shall do all of the following:
8 35 1. Carry on a continuing program to promote the employment
9 1 of persons with disabilities.
9 2 2. Cooperate with all public and private agencies
9 3 interested in the employment of persons with disabilities.
9 4 3. Cooperate with all agencies responsible for or
9 5 interested in the rehabilitation and placement of persons with
9 6 disabilities.
9 7 4. Encourage the organization of committees at the
9 8 community level and work closely with such committees in
9 9 promoting the employment of persons with disabilities.
9 10 5. Assist in developing employer acceptance of qualified
9 11 workers who are persons with disabilities.
9 12 6. Inform persons with disabilities of specific services
9 13 available in seeking employment.
9 14 Sec. 18. Section 216A.73, subsection 2, Code 2009, is
9 15 amended to read as follows:
9 16 2. The director of the department of human services and
9 17 any administrators or coordinators of that department so
9 18 assigned by the director.
9 19 Sec. 19. Section 216A.74, Code 2009, is amended by
9 20 striking the section and inserting in lieu thereof the
9 21 following:
9 22 216A.74 COMMISSION OF PERSONS WITH DISABILITIES
9 23 ESTABLISHED.
9 24 1. The commission of persons with disabilities is
9 25 established and shall consist of nine ex officio members as
9 26 provided in section 216A.73, and nine voting members appointed
9 27 by the governor subject to confirmation by the senate pursuant
9 28 to section 2.32. Insofar as practicable, the commission shall
9 29 consist of persons with disabilities; family members of
9 30 persons with disabilities; representatives of industry, labor,
9 31 business, and agriculture; representatives of federal, state,
9 32 and local government; and representatives of religious,
9 33 charitable, fraternal, civic, educational, medical, legal,
9 34 veteran, welfare, and other professional groups and
9 35 organizations. Members of the commission shall be appointed
10 1 with consideration given to geographic residence of the state.
10 2 All members shall reside in the state.
10 3 2. Terms of office are three years and shall begin and end
10 4 pursuant to section 69.19. Members whose terms expire may be
10 5 reappointed. Vacancies on the commission shall be filled for
10 6 the unexpired term in the same manner as the original
10 7 appointment. Voting members shall receive actual expenses
10 8 incurred while serving in their official capacity, subject to
10 9 statutory limits. Voting members may also be eligible to
10 10 receive compensation as provided in section 7E.6.
10 11 3. Members of the commission shall appoint a chairperson
10 12 and vice chairperson and other officers as the commission
10 13 deems necessary. The commission shall meet at least quarterly
10 14 during each fiscal year. A majority of the voting members
10 15 currently appointed to the commission shall constitute a
10 16 quorum. A quorum shall be required for the conduct of
10 17 business of the commission and the affirmative vote of a
10 18 majority of the currently appointed voting members is
10 19 necessary for any substantive action taken by the commission.
10 20 A member shall not vote on any action if the member has a
10 21 conflict of interest on the matter and a statement by the
10 22 member of a conflict of interest shall be conclusive for this
10 23 purpose.
10 24 Sec. 20. Section 216A.75, Code 2009, is amended by
10 25 striking the section and inserting in lieu thereof the
10 26 following:
10 27 216A.75 COMMISSION POWERS AND DUTIES.
10 28 The commission shall have the following powers and duties:
10 29 1. Study the opportunities for and changing needs of
10 30 persons with disabilities in this state.
10 31 2. Serve as liaisons between the office and the public,
10 32 sharing information and gathering constituency input.
10 33 3. Adopt rules pursuant to chapter 17A as it deems
10 34 necessary for the commission and office.
10 35 4. Provide input to the department director in the
11 1 development of budget recommendations for the office.
11 2 5. Recommend to the department director policies and
11 3 programs for the office.
11 4 6. Recommend legislative and executive action to the
11 5 governor and general assembly.
11 6 7. Establish advisory committees, work groups, or other
11 7 coalitions as appropriate.
11 8 Sec. 21. Section 216A.91, subsections 1 and 6, Code 2009,
11 9 are amended to read as follows:
11 10 1. "Administrator" "Coordinator" means the administrator
11 11 of the division of community action agencies deputy director
11 12 of the department of human rights.
11 13 6. "Division" "Office" means the division office of
11 14 community action agencies of the department of human rights.
11 15 Sec. 22. Section 216A.92, Code 2009, is amended by
11 16 striking the section and inserting in lieu thereof the
11 17 following:
11 18 216A.92 OFFICE OF COMMUNITY ACTION AGENCIES.
11 19 1. The office of community action agencies is established.
11 20 The purpose of the office of community action agencies is to
11 21 strengthen, supplement, and coordinate efforts to develop the
11 22 full potential of each citizen by recognizing certain
11 23 community action agencies and supporting certain
11 24 community=based programs delivered by community action
11 25 agencies.
11 26 2. The office shall do all of the following:
11 27 a. Provide financial assistance for community action
11 28 agencies to implement community action programs, as permitted
11 29 by the community service block grant and subject to the
11 30 funding made available for the program.
11 31 b. Administer the low=income energy assistance block
11 32 grants, department of energy funds for weatherization, and
11 33 other possible funding sources. If a political subdivision is
11 34 the community action agency, the financial assistance shall be
11 35 allocated to the political subdivision.
12 1 c. Implement accountability measures for its programs and
12 2 require regular reporting on the measures by the community
12 3 action agencies.
12 4 d. Issue an annual report to the governor and general
12 5 assembly by July 1 of each year.
12 6 Sec. 23. Section 216A.92A, subsections 2 and 3, Code 2009,
12 7 are amended to read as follows:
12 8 2. Commission members shall serve three=year terms which
12 9 shall begin and end pursuant to section 69.19, and shall serve
12 10 the entire term even if the member experiences a change in the
12 11 status which resulted in their appointment under subsection 1.
12 12 Vacancies on the commission shall be filled for the remainder
12 13 of the term of the original appointment. Members whose terms
12 14 expire may be reappointed. Members of the commission shall
12 15 receive actual expenses for their services. Members may also
12 16 be eligible to receive compensation as provided in section
12 17 7E.6. Members as specified under subsection 1, paragraph "c",
12 18 however, shall receive per diem compensation as provided in
12 19 section 7E.6 and actual expenses. The membership of the
12 20 commission shall also comply with the political party
12 21 affiliation and gender balance requirements of sections 69.16
12 22 and 69.16A. All members shall reside in the state.
12 23 3. The commission shall select from its membership a
12 24 chairperson, vice chairperson, and other officers as it deems
12 25 necessary. The commission shall meet at least quarterly per
12 26 fiscal year. A majority of the voting members of currently
12 27 appointed to the commission shall constitute a quorum. A
12 28 quorum shall be required for the conduct of business of the
12 29 commission and the affirmative vote of a majority of the
12 30 currently appointed voting members is necessary for any
12 31 substantive action taken by the commission. A member shall
12 32 not vote on any action if the member has a conflict of
12 33 interest on the matter and a statement by the member of a
12 34 conflict of interest shall be conclusive for this purpose.
12 35 Sec. 24. Section 216A.92B, Code 2009, is amended by
13 1 striking the section and inserting in lieu thereof the
13 2 following:
13 3 216A.92B COMMISSION POWERS AND DUTIES.
13 4 The commission shall have the following powers and duties:
13 5 1. Adopt rules pursuant to chapter 17A as it deems
13 6 necessary for the commission and office, including rules
13 7 concerning programs and policies for all bureaus of the
13 8 office.
13 9 2. Supervise the collection of data regarding the scope of
13 10 services provided by the community action agencies.
13 11 3. Serve as liaisons between the office and the public,
13 12 sharing information and gathering constituency input.
13 13 4. Make recommendations to the governor and the general
13 14 assembly for executive and legislative action designed to
13 15 improve the status of low=income persons in the state.
13 16 5. Establish advisory committees, work groups, or other
13 17 coalitions as appropriate.
13 18 6. Provide input to the department director in the
13 19 development of budget recommendations for the office.
13 20 7. Recommend to the department director policies and
13 21 programs for the office.
13 22 Sec. 25. Section 216A.93, Code 2009, is amended to read as
13 23 follows:
13 24 216A.93 ESTABLISHMENT OF COMMUNITY ACTION AGENCIES.
13 25 The division office shall recognize and assist in the
13 26 designation of certain community action agencies to assist in
13 27 the delivery of community action programs. These programs
13 28 shall include, but not be limited to, outreach, low=income
13 29 energy assistance, and weatherization programs. If a
13 30 community action agency is in effect and currently serving an
13 31 area, that community action agency shall become the designated
13 32 community action agency for that area. If there is not a
13 33 designated community action agency in the area a city council
13 34 or county board of supervisors or any combination of one or
13 35 more councils or boards may establish a community action
14 1 agency and may apply to the division for recognition. The
14 2 council or board or the combination may adopt an ordinance or
14 3 resolution establishing a community action agency if a
14 4 community action agency has not been designated. It is the
14 5 purpose of the division of community action agencies to
14 6 strengthen, supplement, and coordinate efforts to develop the
14 7 full potential of each citizen by recognizing certain
14 8 community action agencies and the continuation of certain
14 9 community=based programs delivered by community action
14 10 agencies. If any geographic area of the state ceases to be
14 11 served by a designated community action agency, the
14 12 coordinator may solicit applications and assist the governor
14 13 in designating a community action agency for that area in
14 14 accordance with current community services block grant
14 15 requirements.
14 16 Sec. 26. Section 216A.95, subsection 1, Code 2009, is
14 17 amended by striking the subsection and inserting in lieu
14 18 thereof the following:
14 19 1. The governing board or advisory board shall fully
14 20 participate in the development, planning, implementation, and
14 21 evaluation of programs to serve low=income communities.
14 22 Sec. 27. Section 216A.96, subsection 4, Code 2009, is
14 23 amended by striking the subsection and inserting in lieu
14 24 thereof the following:
14 25 4. Encourage and provide support to self=help, volunteer,
14 26 business, labor, and other groups and organizations to assist
14 27 public officials and agencies in supporting a community action
14 28 program by providing private resources, developing new
14 29 employment opportunities, encouraging investments in areas of
14 30 concentrated poverty, and providing methods by which
14 31 low=income persons can work with private organizations,
14 32 businesses, and institutions in seeking solutions to problems
14 33 of common concern.
14 34 Sec. 28. Section 216A.98, Code 2009, is amended to read as
14 35 follows:
15 1 216A.98 AUDIT.
15 2 Each community action agency shall be audited annually but
15 3 shall not be required to obtain a duplicate audit to meet the
15 4 requirements of this section. In lieu of an audit by the
15 5 auditor of state, the community action agency may contract
15 6 with or employ a certified public accountant to conduct the
15 7 audit, pursuant to the applicable terms and conditions
15 8 prescribed by sections 11.6 and 11.19 and an audit format
15 9 prescribed by the auditor of state. Copies of each audit
15 10 shall be furnished to the division within three months
15 11 following the annual audit office in a manner prescribed by
15 12 the office.
15 13 Sec. 29. Section 216A.99, unnumbered paragraph 1, Code
15 14 2009, is amended to read as follows:
15 15 The administrator coordinator shall provide financial
15 16 assistance for community action agencies to implement
15 17 community action programs, as permitted by the community
15 18 service block grant, administer the low=income energy
15 19 assistance block grants, department of energy funds for
15 20 weatherization received in Iowa, and other possible funding
15 21 sources.
15 22 Sec. 30. Section 216A.102, subsection 3, Code 2009, is
15 23 amended to read as follows:
15 24 3. Under rules developed by the division office of
15 25 community action agencies of the department of human rights,
15 26 the fund may be used to negotiate reconnection of essential
15 27 utility services with the energy provider.
15 28 Sec. 31. Section 216A.104, subsection 1, unnumbered
15 29 paragraph 1, Code 2009, is amended to read as follows:
15 30 The general assembly finds that provision of assistance to
15 31 prevent utility disconnections will also prevent the
15 32 development of public health risks due to such disconnections.
15 33 The division office shall establish an energy utility
15 34 assessment and resolution program administered by each
15 35 community action agency for persons with low incomes who have
16 1 or need a deferred payment agreement or are in need of an
16 2 emergency fuel delivery to address home energy utility costs.
16 3 Sec. 32. Section 216A.104, subsection 2, paragraphs b and
16 4 f, Code 2009, are amended to read as follows:
16 5 b. The person is a residential customer of an energy
16 6 utility approved for the program by the division office.
16 7 f. The person complies with other eligibility requirements
16 8 adopted in rules by the division office.
16 9 Sec. 33. Section 216A.104, subsections 4 and 5, Code 2009,
16 10 are amended by striking the subsections.
16 11 Sec. 34. Section 216A.107, subsection 1, paragraph c, Code
16 12 2009, is amended to read as follows:
16 13 c. The administrator coordinator of the division office of
16 14 community action agencies of the department of human rights or
16 15 the administrator's coordinator's designee.
16 16 Sec. 35. Section 216A.107, subsection 2, Code 2009, is
16 17 amended to read as follows:
16 18 2. Unless otherwise provided by law, terms of members,
16 19 election of officers, and other procedural matters shall be as
16 20 determined by the council. A quorum shall be required for the
16 21 conduct of business of the council and the affirmative vote of
16 22 a majority of the currently appointed voting members is
16 23 necessary for any substantive action taken by the council. A
16 24 member shall not vote on any action if the member has a
16 25 conflict of interest on the matter and a statement by the
16 26 member of a conflict of interest shall be conclusive for this
16 27 purpose.
16 28 Sec. 36. Section 216A.107, subsection 4, paragraph a,
16 29 unnumbered paragraph 1, Code 2009, is amended to read as
16 30 follows:
16 31 The division office shall administer the family development
16 32 and self=sufficiency grant program. The department of human
16 33 services shall disclose to the division office confidential
16 34 information pertaining to individuals receiving services under
16 35 the grant program, as authorized under section 217.30. The
17 1 division office and the department of human services shall
17 2 share information and data necessary for tracking performance
17 3 measures of the family development and self=sufficiency grant
17 4 program, for referring families participating in the promoting
17 5 independence and self=sufficiency through employment job
17 6 opportunities and basic skills (PROMISE JOBS) program under
17 7 section 239B.17 and related activities and programs to the
17 8 grant program, and for meeting federal reporting requirements.
17 9 The division office and the department of human services may
17 10 by mutual agreement, as specified in the memorandum of
17 11 agreement entered into in accordance with paragraph "b", add
17 12 to or delete from the initial shared information items listed
17 13 in this lettered paragraph. The initial shared information
17 14 shall include but is not limited to all of the following:
17 15 Sec. 37. Section 216A.107, subsection 4, paragraphs b, c,
17 16 d, and f, Code 2009, are amended to read as follows:
17 17 b. The division office shall develop a memorandum of
17 18 agreement with the department of human services to share
17 19 outcome data and coordinate referrals and delivery of services
17 20 to participants in the family investment program under chapter
17 21 239B and the grant program and other shared clients and shall
17 22 provide the department of human services with information
17 23 necessary for compliance with federal temporary assistance for
17 24 needy families block grant state plan and reporting
17 25 requirements, including but not limited to financial and data
17 26 reports.
17 27 c. To the extent that the family development and
17 28 self=sufficiency grant program is funded by the federal
17 29 temporary assistance for needy families block grant and by the
17 30 state maintenance of efforts funds appropriated in connection
17 31 with the block grant, the division office shall comply with
17 32 all federal requirements for the block grant. The division
17 33 office is responsible for payment of any federal penalty
17 34 imposed that is attributable to the grant program and shall
17 35 receive any federal bonus payment attributable to the grant
18 1 program.
18 2 d. The division office shall ensure that expenditures of
18 3 moneys appropriated to the department of human services from
18 4 the general fund of the state for the family development and
18 5 self=sufficiency grant program are eligible to be considered
18 6 as state maintenance of effort expenditures under federal
18 7 temporary assistance for needy families block grant
18 8 requirements.
18 9 f. The division office shall submit to the governor and
18 10 general assembly on or before November 30 following the end of
18 11 each state fiscal year, a report detailing performance measure
18 12 and outcome data evaluating the family development and
18 13 self=sufficiency grant program for the fiscal year that just
18 14 ended.
18 15 Sec. 38. Section 216A.111, subsection 1, Code 2009, is
18 16 amended by striking the subsection.
18 17 Sec. 39. Section 216A.111, subsection 3, Code 2009, is
18 18 amended to read as follows:
18 19 3. "Division" "Office" means the division office of deaf
18 20 services of the department of human rights.
18 21 Sec. 40. Section 216A.112, Code 2009, is amended by
18 22 striking the section and inserting in lieu thereof the
18 23 following:
18 24 216A.112 OFFICE OF DEAF SERVICES.
18 25 The office of deaf services is established, and shall do
18 26 all of the following:
18 27 1. Interpret to communities and to interested persons the
18 28 needs of the deaf and hard=of=hearing.
18 29 2. Establish service projects for deaf and hard=of=hearing
18 30 persons throughout the state.
18 31 3. Identify agencies, both public and private, which
18 32 provide community services, evaluate the extent to which they
18 33 make services available to deaf and hard=of=hearing persons,
18 34 and cooperate with the agencies in coordinating and extending
18 35 these services.
19 1 4. Collect information concerning deafness or hearing loss
19 2 and provide for the dissemination of the information.
19 3 5. Provide for the mutual exchange of ideas and
19 4 information on services for deaf and hard=of=hearing persons
19 5 between federal, state, and local governmental agencies and
19 6 private organizations and individuals.
19 7 Sec. 41. Section 216A.113, Code 2009, is amended by
19 8 striking the section and inserting in lieu thereof the
19 9 following:
19 10 216A.113 DEAF SERVICES COMMISSION ESTABLISHED.
19 11 1. The commission on the deaf is established, and shall
19 12 consist of seven voting members appointed by the governor,
19 13 subject to confirmation by the senate pursuant to section
19 14 2.32. Lists of nominees for appointment to membership on the
19 15 commission may be submitted by the Iowa association of the
19 16 deaf, the Iowa state registry of interpreters for the deaf,
19 17 the Iowa school for the deaf, and the commission of persons
19 18 with disabilities. Membership of the commission shall include
19 19 at least four members who are deaf and who cannot hear human
19 20 speech with or without use of amplification and at least one
19 21 member who is hard of hearing. All members shall reside in
19 22 Iowa.
19 23 2. Terms of office are three years and shall begin and end
19 24 pursuant to section 69.19. Members whose terms expire may be
19 25 reappointed. Vacancies on the commission may be filled for
19 26 the remainder of the term in the same manner as the original
19 27 appointment. Members shall receive actual expenses incurred
19 28 while serving in their official capacity, subject to statutory
19 29 limits. Members may also be eligible to receive compensation
19 30 as provided in section 7E.6.
19 31 3. Members of the commission shall appoint a chairperson
19 32 and vice chairperson and other officers as the commission
19 33 deems necessary. The commission shall meet at least quarterly
19 34 during each fiscal year. A majority of the members currently
19 35 appointed to the commission shall constitute a quorum. A
20 1 quorum shall be required for the conduct of business of the
20 2 commission and the affirmative vote of a majority of the
20 3 currently appointed members is necessary for any substantive
20 4 action taken by the commission. A member shall not vote on
20 5 any action if the member has a conflict of interest on the
20 6 matter and a statement by the member of a conflict of interest
20 7 shall be conclusive for this purpose.
20 8 Sec. 42. Section 216A.114, Code 2009, is amended by
20 9 striking the section and inserting in lieu thereof the
20 10 following:
20 11 216A.114 COMMISSION POWERS AND DUTIES.
20 12 The commission shall have the following powers and duties:
20 13 1. Study the changing needs and aspirations of the deaf
20 14 and hard=of=hearing people in this state.
20 15 2. Provide input to the department director in the
20 16 development of budget recommendations for the office.
20 17 3. Serve as a liaison between the office and the public,
20 18 sharing information and gathering constituency input.
20 19 4. Adopt rules pursuant to chapter 17A as it deems
20 20 necessary for the commission and office.
20 21 5. Recommend legislative and executive action to the
20 22 governor and general assembly.
20 23 6. Establish advisory committees, work groups, or other
20 24 coalitions as appropriate.
20 25 7. Recommend to the department director policies and
20 26 programs for the office.
20 27 Sec. 43. Section 216A.131, subsection 1, Code 2009, is
20 28 amended by striking the subsection.
20 29 Sec. 44. Section 216A.131, subsection 3, Code 2009, is
20 30 amended to read as follows:
20 31 3. "Division" "Office" means the division office of
20 32 criminal and juvenile justice planning.
20 33 Sec. 45. NEW SECTION. 216A.131A OFFICE OF CRIMINAL AND
20 34 JUVENILE JUSTICE PLANNING.
20 35 The office of criminal and juvenile justice planning is
21 1 established to fulfill the responsibilities of this
21 2 subchapter, including the duties specified in sections
21 3 216A.135, 216A.136, 216A.137, 216A.138, and 216A.139.
21 4 Sec. 46. Section 216A.132, subsection 1, unnumbered
21 5 paragraph 1, Code 2009, is amended to read as follows:
21 6 A criminal and juvenile justice planning advisory council
21 7 is established consisting of twenty=three members who shall
21 8 all reside in the state.
21 9 Sec. 47. Section 216A.132, subsection 1, paragraph b, Code
21 10 2009, is amended to read as follows:
21 11 b. The departments of human services, corrections, and
21 12 public safety, the division office on the status of
21 13 African=Americans, the Iowa department of public health, the
21 14 chairperson of the board of parole, the attorney general, the
21 15 state public defender, the governor's office of drug control
21 16 policy, and the chief justice of the supreme court shall each
21 17 designate a person to serve on the council. The person
21 18 appointed by the Iowa department of public health shall be
21 19 from the departmental staff who administer the comprehensive
21 20 substance abuse program under chapter 125.
21 21 Sec. 48. Section 216A.132, Code 2009, is amended by adding
21 22 the following new subsection:
21 23 NEW SUBSECTION. 3. Members of the council shall appoint a
21 24 chairperson and vice chairperson and other officers as the
21 25 council deems necessary. A majority of the voting members
21 26 currently appointed to the council shall constitute a quorum.
21 27 A quorum shall be required for the conduct of business of the
21 28 council and the affirmative vote of a majority of the
21 29 currently appointed members is necessary for any substantive
21 30 action taken by the commission. A member shall not vote on
21 31 any action if the member has a conflict of interest on the
21 32 matter and a statement by the member of a conflict of interest
21 33 shall be conclusive for this purpose.
21 34 Sec. 49. Section 216A.133, subsection 5, Code 2009, is
21 35 amended to read as follows:
22 1 5. Administer federal funds and funds appropriated by the
22 2 state or that are otherwise available in compliance with
22 3 applicable laws, regulations, and other requirements for
22 4 purposes of study, research, investigation, planning, and
22 5 implementation in the areas of criminal and juvenile justice.
22 6 Sec. 50. Section 216A.133, Code 2009, is amended by adding
22 7 the following new subsections:
22 8 NEW SUBSECTION. 8. Assist agencies in the use of criminal
22 9 and juvenile justice data.
22 10 NEW SUBSECTION. 9. Provide input to the department
22 11 director in the development of budget recommendations for the
22 12 office.
22 13 NEW SUBSECTION. 10. Serve as liaison between the office
22 14 and the public, sharing information and gathering constituency
22 15 input.
22 16 NEW SUBSECTION. 11. Adopt rules pursuant to chapter 17A
22 17 as it deems necessary for the council and office.
22 18 NEW SUBSECTION. 12. Recommend legislative and executive
22 19 action to the governor and general assembly.
22 20 NEW SUBSECTION. 13. Establish advisory committees, work
22 21 groups, or other coalitions as appropriate.
22 22 NEW SUBSECTION. 14. Recommend to the administrator
22 23 policies and programs for the office.
22 24 Sec. 51. Section 216A.135, Code 2009, is amended to read
22 25 as follows:
22 26 216A.135 PLAN AND REPORT.
22 27 Beginning in 1989, and every five years thereafter, the
22 28 division office shall develop a twenty=year criminal and
22 29 juvenile justice plan for the state which shall include
22 30 ten=year, fifteen=year, and twenty=year goals and a
22 31 comprehensive five=year plan for criminal and juvenile justice
22 32 programs. The five=year plan shall be updated annually and
22 33 each twenty=year plan and annual updates of the five=year plan
22 34 shall be submitted to the governor and the general assembly by
22 35 February 1.
23 1 Beginning in 1992, the division office shall include in the
23 2 plans, updates, and reports required by this section an
23 3 identification and evaluation of existing juvenile treatment
23 4 programs based upon quantifiable goals established by the
23 5 division office, utilizing its existing computer capacity and
23 6 access.
23 7 Sec. 52. Section 216A.136, unnumbered paragraph 1, Code
23 8 2009, is amended to read as follows:
23 9 The division office shall maintain an Iowa statistical
23 10 analysis center for the purpose of coordinating with data
23 11 resource agencies to provide data and analytical information
23 12 to federal, state, and local governments, and assist agencies
23 13 in the use of criminal and juvenile justice data.
23 14 Notwithstanding any other provision of state law, unless
23 15 prohibited by federal law or regulation, the division office
23 16 shall be granted access, for purposes of research and
23 17 evaluation, to criminal history records, official juvenile
23 18 court records, juvenile court social records, and any other
23 19 data collected or under control of the board of parole,
23 20 department of corrections, department of workforce
23 21 development, district departments of correctional services,
23 22 department of human services, judicial branch, and department
23 23 of public safety. However, intelligence data and peace
23 24 officer investigative reports maintained by the department of
23 25 public safety shall not be considered data for the purposes of
23 26 this section. Any record, data, or information obtained by
23 27 the division office under this section and the division office
23 28 itself is subject to the federal and state confidentiality
23 29 laws and regulations which are applicable to the original
23 30 record, data, or information obtained by the division office
23 31 and to the original custodian of the record, data, or
23 32 information. The access shall include but is not limited to
23 33 all of the following:
23 34 Sec. 53. Section 216A.137, Code 2009, is amended to read
23 35 as follows:
24 1 216A.137 CORRECTIONAL POLICY PROJECT.
24 2 The division office shall maintain an Iowa correctional
24 3 policy project for the purpose of conducting analyses of major
24 4 correctional issues affecting the criminal and juvenile
24 5 justice system. The council shall identify and prioritize the
24 6 issues and studies to be addressed by the division office
24 7 through this project and shall report project plans and
24 8 findings annually along with the report required in section
24 9 216A.135. Issues and studies to be considered by the council
24 10 shall include, but are not limited to a review of the
24 11 information systems available to assess corrections trends and
24 12 program effectiveness, the development of an evaluation plan
24 13 for assessing the impact of corrections expenditures, a study
24 14 of the desirability and feasibility of changing the state's
24 15 sentencing practices, a public opinion survey to assess the
24 16 public's view of possible changes in current corrections
24 17 practices, and the development of parole guidelines.
24 18 The division office may form subcommittees for the purpose
24 19 of addressing major correctional issues affecting the criminal
24 20 and juvenile justice system. The division office shall
24 21 establish a subcommittee to address issues specifically
24 22 affecting the juvenile justice system.
24 23 Sec. 54. Section 216A.138, subsections 1, 2, 4, 7, and 8,
24 24 Code 2009, are amended to read as follows:
24 25 1. The division office shall coordinate the development of
24 26 a multiagency database to track the progress of juveniles
24 27 through various state and local agencies and programs. The
24 28 division office shall develop a plan which utilizes existing
24 29 databases, including the Iowa court information system, the
24 30 federally mandated national adoption and foster care
24 31 information system, and the other state and local databases
24 32 pertaining to juveniles, to the extent possible.
24 33 2. The department of human services, department of
24 34 corrections, judicial branch, department of public safety,
24 35 department of education, local school districts, and other
25 1 state agencies and political subdivisions shall cooperate with
25 2 the division office in the development of the plan.
25 3 4. The division office shall develop the plan within the
25 4 context of existing federal privacy and confidentiality
25 5 requirements. The plan shall build upon existing resources
25 6 and facilities to the extent possible.
25 7 7. If the division office has insufficient funds and
25 8 resources to implement this section, the division office shall
25 9 determine what, if any, portion of this section may be
25 10 implemented, and the remainder of this section shall not
25 11 apply.
25 12 8. The division shall submit a report on the plan required
25 13 by this section to the general assembly on or before January
25 14 15, 1994.
25 15 Sec. 55. Section 216A.139, subsections 1 and 5, Code 2009,
25 16 are amended to read as follows:
25 17 1. The division office shall establish and maintain a
25 18 council to study and make recommendations for treating and
25 19 supervising adult and juvenile sex offenders in institutions,
25 20 community=based programs, and in the community.
25 21 5. Members of the council shall receive actual and
25 22 necessary expenses incurred while attending any meeting of the
25 23 council and may also be eligible to receive compensation as
25 24 provided in section 7E.6. All expense moneys paid to the
25 25 nonlegislative members shall be paid from funds appropriated
25 26 to the division office. Legislative members shall receive
25 27 compensation as provided in sections 2.10 and 2.12.
25 28 Sec. 56. Section 216A.141, subsection 1, Code 2009, is
25 29 amended by striking the subsection.
25 30 Sec. 57. Section 216A.141, subsection 3, Code 2009, is
25 31 amended to read as follows:
25 32 3. "Division" "Office" means the division office on the
25 33 status of African=Americans of the department of human rights.
25 34 Sec. 58. Section 216A.142, Code 2009, is amended by
25 35 striking the section and inserting in lieu thereof the
26 1 following:
26 2 216A.142 COMMISSION ON THE STATUS OF AFRICAN=AMERICANS
26 3 ESTABLISHED.
26 4 1. The commission on the status of African=Americans is
26 5 established and shall consist of nine members appointed by the
26 6 governor, subject to confirmation by the senate. Commission
26 7 members shall be appointed with consideration given to
26 8 geographic residence. All members shall reside in Iowa. At
26 9 least five members shall be individuals who are
26 10 African=American.
26 11 2. Terms of office are staggered four=year terms. Members
26 12 whose terms expire may be reappointed. Vacancies on the
26 13 commission shall be filled for the remainder of the term of
26 14 and in the same manner as the original appointment. The
26 15 commission shall meet quarterly and may hold special meetings
26 16 on the call of the chairperson. The members of the commission
26 17 shall be reimbursed for actual expenses while engaged in their
26 18 official duties. Members may also be eligible to receive
26 19 compensation as provided in section 7E.6.
26 20 3. Members of the commission shall appoint a chairperson
26 21 and vice chairperson and other officers as the commission
26 22 deems necessary. A majority of members of the commission
26 23 shall constitute a quorum. A quorum shall be required for the
26 24 conduct of business of the commission and the affirmative vote
26 25 of a majority of the currently appointed members is necessary
26 26 for any substantive action taken by the commission. A member
26 27 shall not vote on any action if the member has a conflict of
26 28 interest on the matter and a statement by the member of a
26 29 conflict of interest shall be conclusive for this purpose.
26 30 Sec. 59. Section 216A.143, Code 2009, is amended by
26 31 striking the section and inserting in lieu thereof the
26 32 following:
26 33 216A.143 COMMISSION POWERS AND DUTIES.
26 34 The commission shall have the following powers and duties:
26 35 1. Study the opportunities for and changing needs of the
27 1 African=American community in this state.
27 2 2. Provide input to the department director in the
27 3 development of budget recommendations for the office.
27 4 3. Serve as liaison between the office and the public,
27 5 sharing information and gathering constituency input.
27 6 4. Adopt rules pursuant to chapter 17A as it deems
27 7 necessary for the commission and office.
27 8 5. Recommend to the department director policies and
27 9 programs for the office.
27 10 6. Recommend executive and legislative action to the
27 11 governor and general assembly.
27 12 7. Establish advisory committees, work groups, or other
27 13 coalitions as appropriate.
27 14 Sec. 60. Section 216A.145, Code 2009, is amended by
27 15 striking the section and inserting in lieu thereof the
27 16 following:
27 17 216A.145 OFFICE ON THE STATUS OF AFRICAN=AMERICANS.
27 18 The office on the status of African=Americans is
27 19 established to fulfill the responsibilities of this
27 20 subchapter.
27 21 Sec. 61. Section 216A.146, unnumbered paragraph 1, Code
27 22 2009, is amended to read as follows:
27 23 The commission office shall do all of the following:
27 24 Sec. 62. Section 216A.151, subsection 1, Code 2009, is
27 25 amended by striking the subsection.
27 26 Sec. 63. Section 216A.151, subsection 4, Code 2009, is
27 27 amended to read as follows:
27 28 4. "Division" "Office" means the division office on the
27 29 status of Iowans of Asian and Pacific Islander heritage of the
27 30 department of human rights.
27 31 Sec. 64. Section 216A.152, Code 2009, is amended by
27 32 striking the section and inserting in lieu thereof the
27 33 following:
27 34 216A.152 COMMISSION ON ASIAN AND PACIFIC ISLANDER AFFAIRS
27 35 ESTABLISHED.
28 1 1. The commission on Asian and Pacific Islander affairs is
28 2 established and shall consist of nine members appointed by the
28 3 governor, subject to confirmation by the senate. Members
28 4 shall be appointed representing every geographical area of the
28 5 state and ethnic groups of Asian and Pacific Islander
28 6 heritage. All members shall reside in Iowa.
28 7 2. Terms of office are four years and shall begin and end
28 8 pursuant to section 69.19. Members whose terms expire may be
28 9 reappointed. Vacancies on the commission may be filled for
28 10 the remainder of the term of and in the same manner as the
28 11 original appointment. Members shall receive actual expenses
28 12 incurred while serving in their official capacity, subject to
28 13 statutory limits. Members may also be eligible to receive
28 14 compensation as provided in section 7E.6.
28 15 3. Members of the commission shall appoint a chairperson
28 16 and vice chairperson and other officers as the commission
28 17 deems necessary. The commission shall meet at least quarterly
28 18 during each fiscal year. A majority of the members of the
28 19 commission shall constitute a quorum. A quorum shall be
28 20 required for the conduct of business of the commission and the
28 21 affirmative vote of a majority of the currently appointed
28 22 members is necessary for any substantive action taken by the
28 23 commission. A member shall not vote on any action if the
28 24 member has a conflict of interest on the matter and a
28 25 statement by the member of a conflict of interest shall be
28 26 conclusive for this purpose.
28 27 Sec. 65. Section 216A.153, Code 2009, is amended by
28 28 striking the section and inserting in lieu thereof the
28 29 following:
28 30 216A.153 COMMISSION POWERS AND DUTIES.
28 31 The commission shall have the following powers and duties:
28 32 1. Study the opportunities for and changing needs of the
28 33 Asian and Pacific Islander persons in this state.
28 34 2. Provide input to the department director in the
28 35 development of budget recommendations for the office.
29 1 3. Serve as liaison between the office and the public,
29 2 sharing information and gathering constituency input.
29 3 4. Adopt rules pursuant to chapter 17A as it deems
29 4 necessary for the commission and office.
29 5 5. Recommend legislative and executive action to the
29 6 governor and general assembly.
29 7 6. Establish advisory committees, work groups, or other
29 8 coalitions as appropriate.
29 9 7. Adopt rules, with stakeholder input, pursuant to
29 10 chapter 17A, to develop a mechanism to ensure the
29 11 qualifications of interpreters for Asian and Pacific Islander
29 12 persons and maintain and provide a list of those deemed
29 13 qualified to Iowa courts, administrative agencies, social
29 14 service agencies, and health agencies, as requested.
29 15 Sec. 66. Section 216A.154, Code 2009, is amended by
29 16 striking the section and inserting in lieu thereof the
29 17 following:
29 18 216A.154 OFFICE ON THE STATUS OF IOWANS OF ASIAN AND
29 19 PACIFIC ISLANDER HERITAGE.
29 20 The office on the status of Iowans of Asian and Pacific
29 21 Islander Heritage is established to fulfill the
29 22 responsibilities of this subchapter.
29 23 Sec. 67. Section 216A.155, unnumbered paragraph 1, Code
29 24 2009, is amended to read as follows:
29 25 The commission office shall have the following duties:
29 26 Sec. 68. Section 216A.155, subsection 1, Code 2009, is
29 27 amended to read as follows:
29 28 1. Advise the governor and the general assembly on issues
29 29 confronting, and legislative changes necessary, concerning the
29 30 welfare of Asian and Pacific Islander persons in this state,
29 31 including the unique problems of non=English=speaking
29 32 immigrants and refugees.
29 33 Sec. 69. Section 216A.155, subsections 2 through 14, Code
29 34 2009, are amended by striking the subsections and inserting in
29 35 lieu thereof the following:
30 1 2. Recommend to the governor and the general assembly
30 2 revisions in the affirmative action program and other
30 3 proposals and programs to improve the utilization and social
30 4 and economic status of Iowans of Asian and Pacific Islander
30 5 heritage.
30 6 3. Assist Iowans of Asian and Pacific Islander heritage to
30 7 access services provided by the federal and state governmental
30 8 agencies.
30 9 4. Publicize the accomplishments of Iowans of Asian and
30 10 Pacific Islander heritage and their contributions to Iowa.
30 11 5. Work with public and private agencies and organizations
30 12 to address the needs of and develop opportunities for Iowans
30 13 of Asian and Pacific Islander heritage in the areas of
30 14 employment, economic development, education, housing, health,
30 15 social welfare, and recreation.
30 16 6. Cooperate with public and private agencies and
30 17 organizations to develop trade primers to facilitate trade and
30 18 improve state trade relations with Asian and Pacific Islander
30 19 countries.
30 20 7. Work with other state and federal agencies and
30 21 organizations to develop small business opportunities and
30 22 promote social, educational, and economic development for
30 23 Iowans of Asian and Pacific Islander heritage.
30 24 Sec. 70. Section 216A.161, subsection 1, Code 2009, is
30 25 amended by striking the subsection.
30 26 Sec. 71. Section 216A.161, subsection 3, Code 2009, is
30 27 amended to read as follows:
30 28 3. "Division" "Office" means the division office on Native
30 29 American affairs of the department of human rights.
30 30 Sec. 72. Section 216A.162, subsection 1, Code 2009, is
30 31 amended to read as follows:
30 32 1. A commission on Native American affairs is established
30 33 consisting of eleven voting members appointed by the governor,
30 34 subject to confirmation by the senate. The members of the
30 35 commission shall appoint one of the members to serve as
31 1 chairperson of the commission.
31 2 Sec. 73. Section 216A.162, Code 2009, is amended by adding
31 3 the following new subsection:
31 4 NEW SUBSECTION. 4. Members of the commission shall
31 5 appoint one of their members to serve as chairperson and may
31 6 appoint such other officers as the commission deems necessary.
31 7 The commission shall meet at least four times per year and
31 8 shall hold special meetings on the call of the chairperson.
31 9 The members of the commission shall be reimbursed for actual
31 10 expenses while engaged in their official duties. A member may
31 11 also be eligible to receive compensation as provided in
31 12 section 7E.6. A majority of the members of the commission
31 13 shall constitute a quorum. A quorum shall be required for the
31 14 conduct of business of the commission and the affirmative vote
31 15 of a majority of the currently appointed members is necessary
31 16 for any substantive action taken by the commission. A member
31 17 shall not vote on any action if the member has a conflict of
31 18 interest on the matter and a statement by the member of a
31 19 conflict of interest shall be conclusive for this purpose.
31 20 Sec. 74. Section 216A.165, subsections 1 through 9, Code
31 21 2009, are amended by striking the subsections and inserting in
31 22 lieu thereof the following:
31 23 1. Advise the governor and the general assembly on issues
31 24 confronting tribal governments and Native American persons in
31 25 this state.
31 26 2. Promote legislation beneficial to tribal governments
31 27 and Native American persons in this state.
31 28 3. Study the opportunities for and changing needs of
31 29 Native American persons in this state.
31 30 4. Serve as a conduit to state government for Native
31 31 American persons in this state.
31 32 5. Serve as an advocate for Native American persons and a
31 33 referral agency to assist Native American persons in securing
31 34 access to justice and state agencies and programs.
31 35 6. Provide input to the department director in the
32 1 development of budget recommendations for the office.
32 2 7. Serve as a liaison between the office and the public,
32 3 sharing information and gathering constituency input.
32 4 8. Serve as a liaison with federal, state, and local
32 5 governmental units, and private organizations with information
32 6 on matters relating to Native American persons in this state.
32 7 9. Adopt rules pursuant to chapter 17A as it deems
32 8 necessary for the commission and office.
32 9 10. Establish advisory committees, work groups, or other
32 10 coalitions as appropriate.
32 11 11. Recommend to the governor and the general assembly any
32 12 revisions in the state's affirmative action program and other
32 13 steps necessary to eliminate discrimination against and the
32 14 underutilization of Native Americans in the state's workforce.
32 15 12. Shall conduct studies, make recommendations, and
32 16 implement programs designed to solve the problems of Native
32 17 Americans in this state in the areas of human rights, housing,
32 18 education, welfare, employment, health care, access to
32 19 justice, and any other related problems.
32 20 13. Work with other state, tribal, and federal agencies
32 21 and organizations to develop small business opportunities and
32 22 promote economic development for Native American persons.
32 23 14. Publicize the accomplishments of Native American
32 24 persons and their contributions to this state.
32 25 Sec. 75. Section 216A.166, Code 2009, is amended to read
32 26 as follows:
32 27 216A.166 REVIEW OF GRANT APPLICATIONS AND BUDGET REQUESTS.
32 28 Before the submission of an application, a state department
32 29 or agency shall consult with the commission concerning an
32 30 application for federal funding that will have its primary
32 31 effect on Native Americans. The commission shall advise the
32 32 governor, the director of the department of human rights, and
32 33 the director of revenue concerning any state agency budget
32 34 request that will have its primary effect on tribal
32 35 governments or Native Americans.
33 1 Sec. 76. Section 216A.167, subsections 1 and 2, Code 2009,
33 2 are amended by striking the subsections.
33 3 Sec. 77. Sections 216A.13, 216A.16, 216A.17, 216A.55
33 4 through 216A.60, 216A.76 through 216A.79, 216A.101, 216A.103,
33 5 216A.115, 216A.116, 216A.117, 216A.134, 216A.144, 216A.147,
33 6 216A.148, 216A.149, 216A.156, 216A.157, 216A.158, 216A.159,
33 7 216A.160, 216A.164, 216A.168, 216A.169, and 216.170, Code
33 8 2009, are repealed.
33 9 EXPLANATION
33 10 This bill concerns the department of human rights. The
33 11 bill creates two new divisions within the department, the
33 12 division of ethnic minorities and women and the division of
33 13 disabilities, and renames the current divisions within the
33 14 department as offices. The bill also provides that the
33 15 administrators of the various divisions of the department,
33 16 currently appointed by the governor, are eliminated. However,
33 17 the bill does provide that the deputy director of the
33 18 department shall be the coordinator of the office of community
33 19 action agencies. In addition, the bill reassigns duties and
33 20 responsibilities between the offices and commissions within
33 21 the department. The various subchapters of Code chapter 216A
33 22 are amended by the bill as follows:
33 23 ADMINISTRATION:
33 24 Code section 216A.1 is amended to establish that the
33 25 department consists of two new divisions, the division of
33 26 ethnic minorities and women and the division of disabilities,
33 27 and renames the current divisions within the department as
33 28 offices.
33 29 Code section 216A.2, concerning the department director and
33 30 administrators, is amended. The bill maintains current law
33 31 that provides that the director of the department of human
33 32 rights is appointed by the governor, subject to confirmation
33 33 by the senate. However, the bill provides that the current
33 34 administrators of the various divisions of the department,
33 35 appointed by the governor, are eliminated. In addition, the
34 1 bill also provides that the department director is responsible
34 2 for appointing a deputy director and the administrators of the
34 3 two new divisions of the department, as well as other
34 4 personnel of the department. The rewritten Code section also
34 5 provides that the department director has the authority to
34 6 solicit gifts on behalf of the department, commissions, or
34 7 offices, and can enter into contracts, and issue reports on
34 8 behalf of the department.
34 9 Code section 216A.3, concerning the human rights
34 10 administrative=coordinating council, is amended to increase
34 11 the membership of the council from nine members to 10 and to
34 12 provide that the council representative from each office of
34 13 the department shall be selected by the applicable commission
34 14 or council. Current law provides that the administrator of
34 15 each division of the department is a member of the commission.
34 16 New Code section 216A.7 provides that the director, deputy
34 17 director, or an administrator of one of the two new divisions
34 18 created by this bill shall have access to nonconfidential
34 19 information of state entities that is relevant to the
34 20 department upon request.
34 21 DIVISION OF LATINO AFFAIRS:
34 22 The bill renames the division of Latino affairs as the
34 23 office of Latino affairs and eliminates the administrator
34 24 position.
34 25 Code section 216A.12, concerning the commission of Latino
34 26 affairs, is amended by the bill. The bill provides that the
34 27 commission shall meet at least quarterly each year and
34 28 establishes a mechanism for a member to not vote on a matter
34 29 in which the person has a conflict of interest. Code section
34 30 216A.13, concerning the organization of the commission, is
34 31 repealed and the substance of that Code section is moved to
34 32 the rewritten Code section 216A.12.
34 33 Code section 216A.14, concerning commission employees, is
34 34 stricken and rewritten by the bill. Current law granting
34 35 authority to the commission to employ personnel is stricken as
35 1 this authority is provided to the department director in the
35 2 bill. The rewritten Code section provides for the duties of
35 3 the office of Latino affairs. The bill transfers to the
35 4 office current duties of the commission concerning assistance
35 5 to state agencies and other public organizations relative to
35 6 Latino persons, training, and work to establish a Latino
35 7 information center.
35 8 Code section 216A.15, concerning the duties of the
35 9 commission on Latino affairs, is amended to strike those
35 10 duties transferred to the office of Latino affairs. In
35 11 addition, the Code section is amended to provide that the
35 12 commission shall only provide input regarding budgetary and
35 13 personnel decisions instead of being responsible as it relates
35 14 to the office and commission.
35 15 Code section 216A.16, concerning commission powers to
35 16 accept gifts, solicit grants, and enter into contracts, and
35 17 Code section 216A.17, concerning a commission biennial report,
35 18 are repealed by the bill.
35 19 DIVISION ON THE STATUS OF WOMEN:
35 20 The bill renames the division on the status of women as the
35 21 office on the status of women and eliminates the administrator
35 22 position.
35 23 Code section 216A.52, creating the commission on the status
35 24 of women, Code section 216A.53, concerning commission terms of
35 25 office, and Code section 216A.54, concerning the meetings of
35 26 the commission, are stricken and the Code sections rewritten
35 27 by the bill.
35 28 Rewritten Code section 216A.52 establishes the duties of
35 29 the office on the status of women which include some duties
35 30 currently assigned to the commission. The bill provides that
35 31 the office shall serve as the primary advocate for, and shall
35 32 provide assistance and information relative to, women and
35 33 girls.
35 34 Rewritten Code section 216A.53 establishes the commission.
35 35 Provisions of current Code sections 216A.52, 216A.53, and
36 1 216A.54, are modified and included in this rewritten Code
36 2 section. The bill changes current law by providing that all
36 3 members reside in Iowa and that the commission meet at least
36 4 quarterly, instead of at least six times per year. The
36 5 rewritten Code section also specifies what constitutes a
36 6 quorum, what vote is necessary for substantive action, and
36 7 includes a conflict of interest provision for members.
36 8 Rewritten Code section 216A.54 establishes the powers and
36 9 duties of the commission. The Code section provides that the
36 10 commission shall study opportunities for and changing needs of
36 11 women and girls, serve as a liaison between the office and the
36 12 public, adopt rules for the commission and office, provide
36 13 input to the department director concerning the budget, and
36 14 recommend proposed policies and legislation.
36 15 Code section 216A.55, concerning the objectives of the
36 16 commission, and Code section 216A.56, concerning the authority
36 17 of the commission to employ personnel and set the budget, are
36 18 repealed by the bill.
36 19 Code sections 216A.57 and 216A.58, concerning the duties
36 20 and authority of the commission, are repealed. Current law
36 21 allowed the commission to hold hearings, enter into contracts,
36 22 and accept grants of money or property.
36 23 Code section 216A.59, concerning access to information, is
36 24 repealed. The authority granted in this Code section is
36 25 provided to the department director, deputy director, and
36 26 administrators of the department, in new Code section 216A.7.
36 27 Code section 216A.60, concerning a commission annual
36 28 report, is repealed.
36 29 DIVISION OF PERSONS WITH DISABILITIES:
36 30 The bill renames the division of persons with disabilities
36 31 as the office of persons with disabilities and eliminates the
36 32 administrator position.
36 33 Code section 216A.72 is stricken and rewritten by the bill
36 34 to establish the duties of the office of persons with
36 35 disabilities. The duties currently assigned to the commission
37 1 of persons with disabilities and specified in current Code
37 2 section 216A.77, subsections 1 through 6, are transferred to
37 3 the office.
37 4 Code section 216A.74, concerning the membership of the
37 5 commission, is stricken and rewritten by the bill to include
37 6 the membership of the commission, the terms of office, and
37 7 officers of the commission, currently provided in Code
37 8 sections 216A.74 through 216A.76. The rewritten Code section
37 9 also specifies that the commission meet at least quarterly,
37 10 what constitutes a quorum, what vote is necessary for
37 11 substantive action, and includes a conflict of interest
37 12 provision for members.
37 13 Code section 216A.75, is stricken and rewritten by the
37 14 bill, to provide for the duties of the commission. The Code
37 15 section provides that the commission shall study opportunities
37 16 for and changing needs of persons with disabilities, serve as
37 17 a liaison between the office and the public, adopt rules for
37 18 the commission and office, provide input to the department
37 19 director concerning the budget, and recommend proposed
37 20 policies and legislation.
37 21 Code section 216A.76, concerning officers of the
37 22 commission, and Code Code section 216A.77, concerning duties
37 23 of the commission, are repealed.
37 24 Code section 216A.78, concerning the administrator, and
37 25 Code section 216A.79, concerning acceptance of gifts and
37 26 grants, are repealed.
37 27 DIVISION OF COMMUNITY ACTION AGENCIES:
37 28 The bill renames the division of community action agencies
37 29 as the office of community action agencies and eliminates the
37 30 administrator position. However, the bill provides that the
37 31 coordinator of the office shall be the deputy director of the
37 32 department.
37 33 Code section 216A.92, concerning duties of the
37 34 administrator, is stricken and rewritten to establish the
37 35 duties of the office of community action agencies. The
38 1 rewritten Code section provides that the office shall provide
38 2 assistance to implement community action programs, administer
38 3 low=income energy assistance block grants, administer
38 4 department of energy funds for weatherization, implement
38 5 accountability measures, and issue an annual report.
38 6 Code section 216A.92A, concerning the commission of
38 7 community action agencies, is amended. The bill specifies
38 8 that the commission meet at least quarterly, what constitutes
38 9 a quorum, what vote is necessary for substantive action, and
38 10 includes a conflict of interest provision for members.
38 11 Code section 216A.92B, concerning the duties of the
38 12 commission, is rewritten by the bill. The bill provides that
38 13 the commission shall supervise collection of data on services
38 14 provided by community action agencies, serve as a liaison
38 15 between the office and the public, adopt rules for the
38 16 commission and office, provide input to the department
38 17 director concerning the budget, and recommend proposed
38 18 policies and legislation.
38 19 Code section 216A.93, concerning establishment of community
38 20 action agencies, is amended to provide that if any geographic
38 21 area in the state ceases to be served by a community action
38 22 agency, the coordinator may assist the governor in designating
38 23 an agency for that area.
38 24 Code section 216A.101, concerning an emergency
38 25 weatherization fund, and Code section 216A.103, establishing
38 26 an Iowa affordable heating program, are repealed.
38 27 Code section 216A.107, concerning the family development
38 28 and self=sufficiency council, is amended to specify what
38 29 constitutes a quorum, what vote is necessary for substantive
38 30 action, and includes a conflict of interest provision for
38 31 members.
38 32 DIVISION OF DEAF SERVICES:
38 33 The bill renames the division of deaf services as the
38 34 office of deaf services and eliminates the administrator
38 35 position.
39 1 Code section 216A.112, creating the commission of deaf
39 2 services, and Code section 216A.113, granting authority to the
39 3 commission to employ staff, are stricken and the Code sections
39 4 rewritten.
39 5 Rewritten Code section 216A.112 establishes the duties of
39 6 the office of deaf services. The rewritten Code section
39 7 transfers, in substance, current duties of the commission that
39 8 are provided in current Code section 216A.114, subsections 1,
39 9 3, 4, 5, and 6, to the office.
39 10 Rewritten Code section 216A.113 creates the commission.
39 11 Current provisions of Code section 216A.112 are transferred to
39 12 this Code section and specifies that the commission meet at
39 13 least quarterly, what constitutes a quorum, what vote is
39 14 necessary for substantive action, and includes a conflict of
39 15 interest provision for members.
39 16 Code section 216A.114, concerning the powers and duties of
39 17 the commission, is rewritten by the bill. The bill provides
39 18 that the commission shall study the needs of deaf and
39 19 hard=of=hearing people, serve as a liaison between the office
39 20 and the public, adopt rules for the commission and office,
39 21 provide input to the department director concerning the
39 22 budget, and recommend proposed policies and legislation.
39 23 Code section 216A.115, concerning the powers of the
39 24 commission that include the ability to accept grants and enter
39 25 into contracts, is repealed by the bill.
39 26 Code section 216A.116, concerning a report of the
39 27 commission, is repealed by the bill.
39 28 Code section 216A.117, which creates the interpretation
39 29 services account, is repealed by the bill. The account
39 30 provides moneys to deaf services for continued and expanded
39 31 interpretation services.
39 32 DIVISION OF CRIMINAL AND JUVENILE JUSTICE PLANNING:
39 33 The bill renames the division of criminal and juvenile
39 34 justice planning as the office of criminal and juvenile
39 35 justice planning and eliminates the administrator position.
40 1 New Code section 216A.131A establishes the office to
40 2 perform the duties required in this subchapter.
40 3 Code section 216A.132, concerning the criminal and juvenile
40 4 justice planning council, is amended to provide that the
40 5 council appoint a chairperson and vice chairperson, establish
40 6 what constitutes a quorum and a majority to take affirmative
40 7 action, and establishes a conflict of interest provision for
40 8 members.
40 9 Code section 216A.133, concerning duties of the council, is
40 10 amended by adding additional duties. The additional duties
40 11 include assisting agencies in using criminal juvenile justice
40 12 data, serving as a liaison between the office and the public,
40 13 adopting rules for the council and office, providing input to
40 14 the department director concerning the budget, and
40 15 recommending proposed policies and legislation.
40 16 DIVISION ON THE STATUS OF AFRICAN=AMERICANS:
40 17 The bill renames the division on the status of
40 18 African=Americans as the office on the status of
40 19 African=Americans and eliminates the administrator position.
40 20 Code section 216A.142, concerning the commission on the
40 21 status of African=Americans, is rewritten by the bill. The
40 22 rewritten Code section provides that the members must reside
40 23 in Iowa, provides for the terms of office, requires the
40 24 appointment of a chairperson and vice chairperson, establishes
40 25 quorum and majority vote requirements, and establishes a
40 26 conflict of interest provision for members.
40 27 Code section 216A.143, concerning meetings of the
40 28 commission, is stricken and rewritten by the bill to establish
40 29 the powers and duties of the commission. The bill provides
40 30 that the commission shall study the needs of the
40 31 African=American community, serve as a liaison between the
40 32 office and the public, adopt rules for the commission and
40 33 office, provide input to the department director concerning
40 34 the budget, establish advisory committees, and recommend
40 35 proposed policies and legislation.
41 1 Code section 216A.144, concerning objectives of the
41 2 commission, is repealed by the bill.
41 3 Code section 216A.145, concerning the authority of the
41 4 administrator, is stricken and rewritten to provide that an
41 5 office on the status of African=Americans be established.
41 6 Code section 216A.146, concerning the duties of the
41 7 commission, is amended by the bill to provide that the duties
41 8 in this Code section apply to the office. The Code section is
41 9 also amended to eliminate the current duty of the commission
41 10 to act as an information clearinghouse on programs concerning
41 11 African=Americans.
41 12 Code section 216A.147, concerning additional authority for
41 13 the commission, Code section 216A.148, concerning access to
41 14 information, and Code section 216A.149, concerning an annual
41 15 report, are repealed by the bill.
41 16 DIVISION ON THE STATUS OF IOWANS OF ASIAN AND PACIFIC
41 17 ISLANDER HERITAGE:
41 18 The bill renames the division on the status of Iowans of
41 19 Asian and Pacific Islander heritage as the office on the
41 20 status of Iowans of Asian and Pacific Islander heritage and
41 21 eliminates the administrator position.
41 22 Code sections 216A.152, 216A.153, and 216A.154, concerning
41 23 the commission on the status of Iowans of Asian and Pacific
41 24 Islander heritage, are stricken and included in rewritten Code
41 25 section 216A.152. The rewritten Code section also specifies
41 26 that the members reside in Iowa, the commission meet at least
41 27 quarterly, what constitutes a quorum, what vote is necessary
41 28 for substantive action, and includes a conflict of interest
41 29 provision for members.
41 30 Rewritten Code section 216A.153 provides for the powers and
41 31 duties of the commission. The bill provides that the
41 32 commission shall study the needs of Asian and Pacific
41 33 Islanders in this state, serve as a liaison between the office
41 34 and the public, adopt rules for the commission and office,
41 35 provide input to the department director concerning the
42 1 budget, establish advisory committees, and recommend proposed
42 2 policies and legislation.
42 3 Rewritten Code section 216A.154 establishes the office on
42 4 the status of Iowans of Asian and Pacific Islander heritage.
42 5 Code section 216A.155, concerning the duties of the
42 6 commission, is amended to provide for the duties of the
42 7 office. Most of the duties of the commission not retained by
42 8 the commission under the bill are transferred to the office.
42 9 Code section 216A.156, concerning review of grant
42 10 applications and budget requests, Code section 216A.157,
42 11 concerning additional commission authority, Code section
42 12 216A.158, concerning employees and responsibility, Code
42 13 section 216A.159, concerning state agency assistance, and Code
42 14 section 216A.160, concerning an annual report, are repealed by
42 15 the bill.
42 16 DIVISION ON NATIVE AMERICAN AFFAIRS:
42 17 The bill renames the division on Native American affairs as
42 18 the office on Native American affairs and eliminates the
42 19 administrator position.
42 20 Code section 216A.162, concerning the commission on Native
42 21 American affairs, is amended to provide for the appointment of
42 22 a chairperson, quarterly meetings, compensation, what
42 23 constitutes a quorum, what vote is necessary for substantive
42 24 action, and includes a conflict of interest provision for
42 25 members. Code section 216A.164, concerning meetings of the
42 26 commission, is repealed and the substance of these Code
42 27 sections incorporated in Code section 216A.162.
42 28 Code section 216A.165, concerning duties of the commission,
42 29 is rewritten to include as duties, studying opportunities for
42 30 and changing needs of Native American persons, serving as a
42 31 liaison between the office and the public, adopting rules for
42 32 the commission and office, providing input to the department
42 33 director concerning the budget, establishing advisory
42 34 committees, and recommending proposed policies and
42 35 legislation.
43 1 Code section 216A.167, concerning additional duties of the
43 2 commission, is amended by striking the authority of the
43 3 commission concerning the budget of the commission and office
43 4 and the ability to enter into contracts and accept gifts.
43 5 Code section 216A.168, concerning the administrator, Code
43 6 section 216A.169, concerning state agency assistance, and Code
43 7 section 216A.170, concerning an annual report, are repealed by
43 8 the bill.
43 9 LSB 2681SV 83
43 10 ec/rj/8.1