Senate File 381 - Introduced SENATE FILE 381 BY CHELGREN A BILL FOR An Act relating to the department of human rights by 1 prohibiting the department from providing advocacy or 2 services on the basis of race or ethnicity and finding that 3 such advocacy or services may be provided on the basis of 4 gender. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 2524SS (5) 84 aw/sc

S.F. 381 Section 1. Section 7E.5, subsection 1, paragraph s, Code 1 2011, is amended to read as follows: 2 s. The department of human rights, created in section 3 216A.1 , which has primary responsibility for services relating 4 to Latino persons, women, persons with disabilities, community 5 action agencies, criminal and juvenile justice planning, 6 African Americans, and deaf and hard-of-hearing persons , 7 persons of Asian and Pacific Islander heritage, and Native 8 Americans . 9 Sec. 2. Section 216A.1, subsection 1, paragraph a, 10 subparagraphs (1), (5), (6), and (7), Code 2011, are amended 11 by striking the subparagraphs. 12 Sec. 3. Section 216A.1, subsection 2, Code 2011, is amended 13 to read as follows: 14 2. The purpose of the department is to ensure basic 15 rights, freedoms, and opportunities for all by empowering 16 underrepresented Iowans and eliminating economic, social, and 17 cultural barriers. 18 Sec. 4. Section 216A.1, Code 2011, is amended by adding the 19 following new subsection: 20 NEW SUBSECTION . 3. The department shall not grant to 21 any citizen, or class of citizens, privileges or immunities, 22 which, upon the same terms shall not equally belong to all 23 citizens, and shall therefore not provide advocacy or services 24 to any citizen, or class of citizens, on the basis of race or 25 ethnicity. The department may, however, provide advocacy or 26 services to any citizen, or class of citizens, on the basis of 27 gender, as the general assembly finds that the Constitution 28 both specifically and within context recognizes a difference 29 between the genders. 30 Sec. 5. Section 216A.3, subsection 2, paragraph a, Code 31 2011, is amended to read as follows: 32 a. The voting members shall consist of nine five voting 33 members selected by each of the permanent commissions within 34 the department, and two voting members, appointed by the 35 -1- LSB 2524SS (5) 84 aw/sc 1/ 3

S.F. 381 governor. For purposes of this paragraph “a” , “permanent 1 commissions” means the commission of Latino affairs, 2 commission on the status of women, commission of persons 3 with disabilities, commission on community action agencies, 4 commission of deaf services, and the criminal and juvenile 5 justice planning advisory council , commission on the status of 6 African Americans, commission of Asian and Pacific Islander 7 affairs, and commission of Native American affairs . The term 8 of office for voting members is four years. 9 Sec. 6. Section 216A.3, subsection 4, paragraph a, Code 10 2011, is amended to read as follows: 11 a. Develop and monitor implementation of a comprehensive 12 strategic plan to remove barriers for underrepresented 13 populations and, in doing so, in order to increase Iowa’s 14 productivity and inclusivity, including performance measures 15 and benchmarks. 16 Sec. 7. Section 216A.4, subsection 4, Code 2011, is amended 17 by striking the subsection. 18 Sec. 8. REPEAL. Sections 216A.11, 216A.12, 216A.13, 19 216A.14, 216A.15, 216A.141, 216A.142, 216A.143, 216A.146, 20 216A.151, 216A.152, 216A.153, 216A.154, 216A.161, 216A.162, 21 216A.163, 216A.165, 216A.166, 216A.167, Code 2011, are 22 repealed. 23 EXPLANATION 24 This bill eliminates certain race-based or ethnicity-based 25 offices within the division of community advocacy and services 26 of the department of human rights. The bill also prohibits 27 the department from providing advocacy or services to any 28 citizen or class of citizens on the basis of race or ethnicity. 29 The bill, however, specifically allows for the provision of 30 advocacy or services on the basis of gender. 31 The bill eliminates the commission of Latino affairs and the 32 office of Latino affairs. The bill eliminates the commission 33 on the status of African Americans and the office on the status 34 of African Americans. The bill eliminates the commission of 35 -2- LSB 2524SS (5) 84 aw/sc 2/ 3

S.F. 381 Asian and Pacific Islander affairs and the office of Asian and 1 Pacific Islander affairs. The bill eliminates the commission 2 of Native American affairs and the office of Native American 3 affairs. The bill amends the department’s statement of 4 purpose and removes certain definitions. 5 -3- LSB 2524SS (5) 84 aw/sc 3/ 3