H.F. 37 Section 1. NEW SECTION . 15K.1 Definitions. 1 As used in this chapter, unless the context otherwise 2 requires: 3 1. “Authority” means the economic development authority 4 created in section 15.105. 5 2. “Council” means the citizen trade policy council created 6 in section 15K.2. 7 3. “Fund” means the citizen trade policy council fund 8 created in section 15K.5. 9 4. “Trade agreement” means an agreement reached between 10 the United States and any other country, countries, or other 11 international political entity or entities that proposes to 12 regulate trade among the parties to the agreement. “Trade 13 agreement” includes but is not limited to any agreement under 14 the auspices of the world trade organization, a multilateral 15 or regional free trade agreement, a bilateral trade agreement 16 entered into by the United States, and a request for a binding 17 agreement received by the state from the office of the United 18 States trade representative. 19 Sec. 2. NEW SECTION . 15K.2 Citizen trade policy council. 20 A citizen trade policy council is created to assess and 21 monitor the legal and economic impacts of trade agreements on 22 state laws and local ordinances, working conditions, and the 23 business environment, and to provide a mechanism for citizens 24 and members of the general assembly to voice their concerns and 25 recommendations relating to the council’s powers and duties. 26 The council may make recommendations designed to protect Iowa’s 27 laws, jobs, natural resources, communities, and economy from 28 any negative impact of trade agreements or to enhance the 29 benefits of such trade agreements. 30 Sec. 3. NEW SECTION . 15K.3 Membership —— terms —— vacancies 31 —— limits —— appropriation. 32 1. The council shall consist of nineteen voting members and 33 nine ex officio, nonvoting members. The voting members shall 34 be as follows: 35 -1- LSB 1367HH (3) 87 aw/rj 1/ 10

H.F. 37 a. Ten public members, appointed by the governor, subject to 1 confirmation by the senate, including: 2 (1) A person who operates a small business. 3 (2) A person who operates a small farm. 4 (3) A representative of a nonprofit organization that 5 promotes fair trade policies. 6 (4) A representative of an Iowa-based corporation that is 7 active in international trade. 8 (5) A health care professional. 9 (6) A representative of an Iowa-based manufacturing 10 business with twenty-five or more employees. 11 (7) A representative of an economic development 12 organization. 13 (8) A person who is active in organized labor. 14 (9) A member of a nonprofit human rights organization. 15 (10) A member of a nonprofit environmental organization. 16 b. Two public members appointed by the speaker of the house 17 of representatives. 18 c. Two public members appointed by the minority leader of 19 the house of representatives. 20 d. Two public members appointed by the majority leader of 21 the senate. 22 e. Two public members appointed by the minority leader of 23 the senate. 24 f. The attorney general or the attorney general’s designee. 25 2. The ex officio, nonvoting members shall be the following: 26 a. The director of the authority, or the director’s 27 designee. 28 b. The director of the department of workforce development, 29 or the director’s designee. 30 c. The director of the department of natural resources, or 31 the director’s designee. 32 d. The secretary of agriculture, or the secretary’s 33 designee. 34 e. The director of human services, or the director’s 35 -2- LSB 1367HH (3) 87 aw/rj 2/ 10

H.F. 37 designee. 1 f. Four members of the general assembly, one of whom shall 2 be appointed by the speaker of the house of representatives, 3 one of whom shall be appointed by the minority leader of the 4 house of representatives, one of whom shall be appointed by 5 the majority leader of the senate, and one of whom shall be 6 appointed by the minority leader of the senate. 7 3. The governor, the majority leader of the senate, and the 8 speaker of the house of representatives shall each designate 9 one of the public members appointed by them to the council to 10 jointly serve as co-chairpersons. The council may appoint 11 other officers and committees as necessary. 12 4. In appointing members of the public, the appointing 13 authorities shall make every effort to appoint representatives 14 of generally recognized and organized constituencies of 15 interest groups. In appointing members of the public, the 16 governor, the majority and minority leaders of the senate, and 17 the speaker and minority leader of the house of representatives 18 shall comply with sections 69.16 and 69.16A. 19 5. For the purposes of convening a meeting, eleven 20 voting members shall constitute a quorum, but for any other 21 purpose a majority of the voting members of the council shall 22 constitute a quorum, and a majority of a quorum may act in any 23 matter within the jurisdiction of the council, unless a more 24 restrictive rule is adopted by the council. 25 6. Except for ex officio, nonvoting members and the 26 attorney general who shall serve terms coincident with their 27 elective or appointed office, all other voting members shall be 28 appointed for three-year staggered terms. A vacancy shall be 29 filled by the same appointing authority that made the original 30 appointment. Appointed members shall not serve more than two 31 terms, however, members may continue to serve until their 32 successors are appointed. 33 7. An ex officio member of the council who is a member 34 of the general assembly shall be paid the per diem specified 35 -3- LSB 1367HH (3) 87 aw/rj 3/ 10

H.F. 37 in section 2.10, subsection 5, for each day in attendance 1 and shall be reimbursed for actual and necessary expenses. 2 Public members shall serve without compensation, but shall be 3 reimbursed for all actual and necessary expenses they incur 4 through service on the council. 5 8. The general assembly, through the legislative council, 6 shall contract for staff support for the citizen trade 7 policy council, which, to the extent funding permits, must be 8 full-time staff support. In the event funding does not permit 9 adequate staff support, the citizen trade policy council may 10 request staff support from the legislative services agency and 11 the authority. 12 9. Commencing with the fiscal year beginning July 1, 2018, 13 and every second fiscal year thereafter, there is appropriated 14 from the general fund of the state to the council ten thousand 15 dollars for the production of reports required under section 16 15K.4. 17 Sec. 4. NEW SECTION . 15K.4 Powers and duties. 18 1. The council shall do all of the following: 19 a. Meet at least twice annually. 20 b. Hear public testimony and recommendations from the 21 citizens of the state and qualified experts when appropriate 22 at no fewer than two locations throughout the state each year 23 on the actual and potential social, environmental, economic, 24 legal, and other impacts of international trade agreements and 25 negotiations on the state. 26 c. Every two years conduct an assessment of the impacts of 27 international trade agreements on Iowa’s state laws, political 28 subdivision ordinances, working conditions, and economic, 29 environmental, and natural resources. 30 d. Maintain active communications with and submit an annual 31 report to the governor, the general assembly, the attorney 32 general, members of Iowa’s congressional delegation, the Iowa 33 state association of counties, the Iowa league of cities, the 34 United States trade representative’s office, the national 35 -4- LSB 1367HH (3) 87 aw/rj 4/ 10

H.F. 37 conference of state legislatures, and the national association 1 of attorneys general or the successor organization of any 2 of these groups. The council shall make the report easily 3 accessible to the public on the general assembly’s internet 4 site. The report must contain information acquired pursuant 5 to council activities under paragraph “b” and may contain 6 information acquired pursuant to activities under paragraph 7 “c” . 8 e. Review and analyze trade agreements, and submit reports 9 as required pursuant to section 15K.6. 10 f. By December 31, 2023, the council shall conduct an 11 evaluation of its activities and recommend to the general 12 assembly whether to continue, alter, or cease the council ’s 13 activities. 14 2. The council may do all of the following: 15 a. Maintain active communications with any entity the 16 council determines appropriate regarding ongoing developments 17 in international trade agreements and policy. 18 b. Recommend or submit legislation to the general assembly. 19 c. Recommend that the state support, or withhold its support 20 from, proposed trade negotiations or agreements. 21 d. Examine any aspects of international trade, international 22 economic integration, and trade agreements that the members of 23 the council consider appropriate. 24 Sec. 5. NEW SECTION . 15K.5 Citizen trade policy council 25 fund. 26 1. A citizen trade policy council fund is created in the 27 office of the treasurer of state under the control of the 28 council for the purpose of receiving moneys appropriated by the 29 general assembly and any other moneys available to the council 30 under subsection 2. The moneys in the fund are appropriated 31 to the council for the purposes of the council. Moneys in 32 the fund shall not be subject to appropriation for any other 33 purpose by the general assembly, but shall be used only for 34 the purposes of the council. The treasurer of state shall 35 -5- LSB 1367HH (3) 87 aw/rj 5/ 10

H.F. 37 act as custodian of the fund and disburse moneys contained in 1 the fund as directed by the council. The council shall make 2 expenditures from the fund consistent with the purposes of the 3 council. 4 2. The council may solicit and accept moneys to fulfill its 5 duties and deposit the moneys in the fund. The council shall 6 annually notify the legislative council of any solicitation 7 and acceptance of moneys under this subsection. All moneys 8 accepted under this subsection shall be forwarded to the 9 treasurer of state, along with an accounting that includes the 10 amount received, the date that amount was received, from whom 11 that amount was received, the purpose of the donation, and any 12 limitation on use of the moneys. 13 3. At the beginning of each fiscal year, and at any other 14 time at the request of co-chairpersons of the council, the 15 treasurer of state shall provide to the council an accounting 16 of all moneys available to the council, including moneys 17 available for staff support. 18 4. Moneys in the fund are not subject to section 8.33. 19 Notwithstanding section 12C.7, subsection 2, interest or 20 earnings on moneys in the fund shall be credited to the fund. 21 Sec. 6. NEW SECTION . 15K.6 Trade agreements. 22 1. If the United States government provides the state with 23 the opportunity to consent to or to reject binding the state 24 to a trade agreement, or a designated provision within a trade 25 agreement, an official of the state, including but not limited 26 to the governor, shall not give consent to the United States 27 government to bind the state to the trade agreement, except as 28 provided in this section. 29 2. When a communication from the United States trade 30 representative concerning a trade agreement is received by the 31 state, the governor shall transmit a copy of the communication 32 and the trade agreement, or relevant provisions of the trade 33 agreement, to the co-chairpersons of the council, the president 34 of the senate, the speaker of the house of representatives, and 35 -6- LSB 1367HH (3) 87 aw/rj 6/ 10

H.F. 37 the chairpersons and ranking members of the general assembly’s 1 standing committees on economic growth. 2 3. The council, in consultation with the authority, the 3 attorney general, and the faculty of the international and 4 comparative law program at the college of law at the university 5 of Iowa, shall, immediately upon receipt, review and analyze a 6 trade agreement and submit a report to the general assembly and 7 the governor on the potential impact on the state of consenting 8 or rejecting to be bound by the trade agreement. The council 9 shall make a recommendation to the general assembly regarding 10 whether to consent to or reject binding the state to the 11 agreement. 12 4. An official of the state, including but not limited to 13 the governor, shall not consent to bind the state to the terms 14 or provisions of a trade agreement unless the general assembly 15 has passed a joint resolution authorizing the governor or 16 other official to give consent to bind the state to the trade 17 agreement or to a provision designated by the United States 18 government within the trade agreement. 19 EXPLANATION 20 The inclusion of this explanation does not constitute agreement with 21 the explanation’s substance by the members of the general assembly. 22 This bill creates a citizen trade policy council (council), 23 establishes powers and duties for the council, creates 24 a citizen trade policy council fund (fund), and makes an 25 appropriation. 26 The bill creates the council, consisting of 19 voting 27 members and nine ex officio, nonvoting members, to assess and 28 monitor the legal and economic impacts of trade agreements on 29 state laws and local ordinances, working conditions, and the 30 state’s natural resources, communities, and economy, and to 31 provide a mechanism for citizens and members of the general 32 assembly to voice their concerns and recommendations. The 33 council is required to consist of 10 public members appointed 34 by the governor, eight public members appointed by legislative 35 -7- LSB 1367HH (3) 87 aw/rj 7/ 10

H.F. 37 leaders, and the attorney general. The nine ex officio, 1 nonvoting members are required to include the director of the 2 economic development authority, the director of the department 3 of workforce development, the director of the department of 4 natural resources, the secretary of agriculture, and the 5 director of human services, or their respective designees, 6 along with four members of the general assembly. The bill 7 makes provisions for what constitutes a quorum of the council 8 and the compensation and terms of members. 9 Under the bill, the governor, the majority leader of the 10 senate, and the speaker of the house of representatives 11 are each required to designate one of the public members to 12 jointly serve as co-chairpersons. The bill allows the council 13 to appoint other officers and committees as necessary and 14 requires that the general assembly, through the legislative 15 council, contract for staff support for the council. The 16 support is required to be full-time if funding permits, but if 17 funding does not permit adequate staff support, the council 18 is permitted to request staff support from the legislative 19 services agency and the economic development authority. The 20 bill provides the council with a standing appropriation 21 of $10,000, every other fiscal year, for the production of 22 reports. 23 Under the bill, the council is required to meet at least 24 twice annually and hear public testimony and recommendations 25 at no fewer than two locations throughout the state each year. 26 The council is also required to conduct an assessment of the 27 impacts of international trade agreements on Iowa’s state 28 laws, political subdivision ordinances, working conditions, 29 and economic, environmental, and natural resources once every 30 two years. The bill requires the council to submit annual 31 reports to the governor, the general assembly, the attorney 32 general, members of Iowa’s congressional delegation, the Iowa 33 state association of counties, the Iowa league of cities, the 34 United States trade representative’s office, the national 35 -8- LSB 1367HH (3) 87 aw/rj 8/ 10

H.F. 37 conference of state legislatures, and the national association 1 of attorneys general. The bill also requires the council to 2 conduct an evaluation of its activities and recommend to the 3 general assembly, by December 31, 2023, whether to continue, 4 alter, or cease the council’s activities. 5 The bill also allows the council to maintain active 6 communications with any entity the council determines 7 appropriate, recommend or submit legislation to the general 8 assembly, recommend that the state support, or withhold its 9 support from, future trade negotiations or agreements, and 10 to examine any aspects of international trade, international 11 economic integration, and trade agreements that the members of 12 the council consider appropriate. 13 The bill creates a fund in the office of the treasurer 14 of state under the control of the council to receive moneys 15 appropriated by the general assembly and from any other 16 source. Under the bill, moneys in the fund are appropriated 17 to the council and the treasurer of state is required to act 18 as custodian of the fund and disburse moneys contained in the 19 fund as directed by the council. The council is required to 20 annually notify the legislative council of any solicitation or 21 acceptance of moneys from outside sources. Moneys in the fund 22 are not subject to reversion under Code section 8.33 and any 23 interest or earnings on moneys in the fund are required to be 24 credited to the fund. 25 The bill provides that an official of the state, including 26 the governor, is not able to give consent to bind the state 27 to the terms or provisions of a trade agreement unless the 28 general assembly has passed a joint resolution authorizing the 29 governor or other official of the state to bind the state to 30 the trade agreement or to a designated provision within the 31 trade agreement. 32 Under the bill, the governor is required to transmit a 33 copy of a trade agreement, or relevant provisions of a trade 34 agreement, to the co-chairpersons of the council, the president 35 -9- LSB 1367HH (3) 87 aw/rj 9/ 10

H.F. 37 of the senate, the speaker of the house of representatives, and 1 the chairpersons and ranking members of the general assembly’s 2 standing committees on economic growth. 3 The bill requires that the council, in consultation with 4 the authority, the attorney general, and the faculty of the 5 international and comparative law program at the college of 6 law at the university of Iowa, immediately review, analyze, 7 and submit a report on such a trade agreement. The bill 8 requires the council to submit the report to the general 9 assembly and the governor. The council is also required to 10 make recommendations to the general assembly. 11 -10- LSB 1367HH (3) 87 aw/rj 10/ 10