SENATE FILE 381

BY  CHELGREN

A BILL FOR

An Act relating to the department of human rights by prohibiting the department from providing advocacy or services on the basis of race or ethnicity and finding that such advocacy or services may be provided on the basis of gender.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  Section 7E.5, subsection 1, paragraph s, Code 2011, is amended to read as follows:
   s.  The department of human rights, created in section 216A.1, which has primary responsibility for services relating toLatino persons, women, persons with disabilities, community action agencies, criminal and juvenile justice planning, African Americans, and deaf and hard-of-hearing persons, persons of Asian and Pacific Islander heritage, and Native Americans.
   Sec. 2.  Section 216A.1, subsection 1, paragraph a, subparagraphs (1), (5), (6), and (7), Code 2011, are amended by striking the subparagraphs.
   Sec. 3.  Section 216A.1, subsection 2, Code 2011, is amended to read as follows:
   2.  The purpose of the department is to ensure basic rights, freedoms, and opportunities for all by empowering underrepresented Iowans and eliminating economic, social, and cultural barriers.
   Sec. 4.  Section 216A.1, Code 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  3.  The department shall not grant to any citizen, or class of citizens, privileges or immunities, which, upon the same terms shall not equally belong to all citizens, and shall therefore not provide advocacy or services to any citizen, or class of citizens, on the basis of race or ethnicity. The department may, however, provide advocacy or services to any citizen, or class of citizens, on the basis of gender, as the general assembly finds that the Constitution both specifically and within context recognizes a difference between the genders.
   Sec. 5.  Section 216A.3, subsection 2, paragraph a, Code 2011, is amended to read as follows:
   a.  The voting members shall consist of nine five voting members selected by each of the permanent commissions within the department, and two voting members, appointed by the governor. For purposes of this paragraph “a”,“permanent commissions” means the commission of Latino affairs, commission on the status of women, commission of persons with disabilities, commission on community action agencies, commission of deaf services, and the criminal and juvenile justice planning advisory council, commission on the status of African Americans, commission of Asian and Pacific Islander affairs, and commission of Native American affairs. The term of office for voting members is four years.
   Sec. 6.  Section 216A.3, subsection 4, paragraph a, Code 2011, is amended to read as follows:
   a.  Develop and monitor implementation of a comprehensive strategic plan to remove barriers for underrepresented populations and, in doing so, in order to increase Iowa’s productivity and inclusivity, including performance measures and benchmarks.
   Sec. 7.  Section 216A.4, subsection 4, Code 2011, is amended by striking the subsection.
   Sec. 8.  REPEAL.  Sections 216A.11, 216A.12, 216A.13, 216A.14, 216A.15, 216A.141, 216A.142, 216A.143, 216A.146, 216A.151, 216A.152, 216A.153, 216A.154, 216A.161, 216A.162, 216A.163, 216A.165, 216A.166, 216A.167, Code 2011, are repealed.
EXPLANATION
   This bill eliminates certain race-based or ethnicity-based offices within the division of community advocacy and services of the department of human rights. The bill also prohibits the department from providing advocacy or services to any citizen or class of citizens on the basis of race or ethnicity. The bill, however, specifically allows for the provision of advocacy or services on the basis of gender.
   The bill eliminates the commission of Latino affairs and the office of Latino affairs. The bill eliminates the commission on the status of African Americans and the office on the status of African Americans. The bill eliminates the commission of Asian and Pacific Islander affairs and the office of Asian and Pacific Islander affairs. The bill eliminates the commission of Native American affairs and the office of Native American affairs. The bill amends the department’s statement of purpose and removes certain definitions.