Senator Jani Iwamoto proposes the following substitute bill:


1     
OFFICE OF AMERICAN INDIAN-ALASKA NATIVE

2     
HEALTH AND FAMILY SERVICES

3     
2022 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Jani Iwamoto

6     
House Sponsor: Christine F. Watkins

7     

8     LONG TITLE
9     General Description:
10          This bill creates the Office of American Indian-Alaska Native Health and Family
11     Services within the Department of Health and Human Services.
12     Highlighted Provisions:
13          This bill:
14          ▸     defines terms;
15          ▸     creates the Office of American Indian-Alaska Native Health and Family Services
16     within the Department of Health and Human Services;
17          ▸     moves the American Indian-Alaska Native Health Office and the American
18     Indian-Alaska Native Health Liaison to the Office of American Indian-Alaska
19     Native Health and Family Services;
20          ▸     requires the executive directors of the Department of Health and the Department of
21     Human Services to jointly appoint:
22                •     a director of the Office of American Indian-Alaska Native Health and Family
23     Services;
24               •     an Indian Child Welfare Act Liaison; and
25               •     an American Indian-Alaska Native Health Liaison;

26          ▸     requires the Indian Child Welfare Act Liaison and the director of the Office of
27     American Indian-Alaska Native Health and Family Services to meet certain
28     qualifications;
29          ▸     defines the duties of the Office of American Indian-Alaska Native Health and
30     Family Services and the Indian Child Welfare Act Liaison;
31          ▸     modifies the duties of the American Indian-Alaska Native Health Liaison;
32          ▸     creates reporting requirements; and
33          ▸     makes technical and conforming changes.
34     Money Appropriated in this Bill:
35          None
36     Other Special Clauses:
37          This bill provides a special effective date.
38          This bill provides a coordination clause.
39     Utah Code Sections Affected:
40     AMENDS:
41          9-9-104.6, as last amended by Laws of Utah 2021, Chapters 184 and 282
42     ENACTS:
43          26B-1-301, Utah Code Annotated 1953
44          26B-1-302, Utah Code Annotated 1953
45          26B-1-303, Utah Code Annotated 1953
46          26B-1-304, Utah Code Annotated 1953
47          26B-1-306, Utah Code Annotated 1953
48          26B-1-307, Utah Code Annotated 1953
49     RENUMBERS AND AMENDS:
50          26B-1-305, (Renumbered from 26-7-2.5, as last amended by Laws of Utah 2020,
51     Chapter 236)
52     Utah Code Sections Affected by Coordination Clause:
53          26B-1-303, Utah Code Annotated 1953
54          26B-1-305, Utah Code Annotated 1953
55          26B-1-306, Utah Code Annotated 1953
56     


57     Be it enacted by the Legislature of the state of Utah:
58          Section 1. Section 9-9-104.6 is amended to read:
59          9-9-104.6. Participation of state agencies in meetings with tribal leaders --
60     Contact information.
61          (1) For at least three of the joint meetings described in Subsection 9-9-104.5(2)(a), the
62     division shall coordinate with representatives of tribal governments and the entities listed in
63     Subsection (2) to provide for the broadest participation possible in the joint meetings.
64          (2) The following may participate in all meetings described in Subsection (1):
65          (a) the chairs of the Native American Legislative Liaison Committee created in Section
66     36-22-1;
67          (b) the governor or the governor's designee;
68          (c) the American Indian-Alaska Native Health Liaison appointed in accordance with
69     Section [26-7-2.5] 26B-1-306;
70          (d) the American Indian-Alaska Native Public Education Liaison appointed in
71     accordance with Section 53F-5-604; and
72          (e) a representative appointed by the chief administrative officer of the following:
73          (i) the Department of Human Services;
74          (ii) the Department of Natural Resources;
75          (iii) the Department of Workforce Services;
76          (iv) the Governor's Office of Economic Opportunity;
77          (v) the State Board of Education; and
78          (vi) the Utah Board of Higher Education.
79          (3) (a) The chief administrative officer of the agencies listed in Subsection (3)(b) shall:
80          (i) designate the name of a contact person for that agency that can assist in coordinating
81     the efforts of state and tribal governments in meeting the needs of the Native Americans
82     residing in the state; and
83          (ii) notify the division:
84          (A) who is the designated contact person described in Subsection (3)(a)(i); and
85          (B) of any change in who is the designated contact person described in Subsection
86     (3)(a)(i).
87          (b) This Subsection (3) applies to:

88          (i) the Department of Agriculture and Food;
89          (ii) the Department of Cultural and Community Engagement;
90          (iii) the Department of Corrections;
91          (iv) the Department of Environmental Quality;
92          (v) the Department of Public Safety;
93          (vi) the Department of Transportation;
94          (vii) the Office of the Attorney General;
95          (viii) the State Tax Commission; and
96          (ix) any agency described in Subsections (2)(c) through (e).
97          (c) At the request of the division, a contact person listed in Subsection (3)(b) may
98     participate in a meeting described in Subsection (1).
99          (4) (a) A participant under this section who is not a legislator may not receive
100     compensation or benefits for the participant's service, but may receive per diem and travel
101     expenses as allowed in:
102          (i) Section 63A-3-106;
103          (ii) Section 63A-3-107; and
104          (iii) rules made by the Division of Finance according to Sections 63A-3-106 and
105     63A-3-107.
106          (b) Compensation and expenses of a participant who is a legislator are governed by
107     Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
108          Section 2. Section 26B-1-301 is enacted to read:
109     
Part 3. Office of American Indian-Alaska Native Health and Family Services

110          26B-1-301. Definitions.
111          As used in this part:
112          (1) "Director" means the director of the office appointed under Section 26B-1-303.
113          (2) "Health care" means care, treatment, service, or a procedure to improve, maintain,
114     diagnose, or otherwise affect an individual's physical or mental condition.
115          (3) "Health liaison" means the American Indian-Alaska Native Health Liaison
116     appointed under Section 26B-1-305.
117          (4) "ICWA liaison" means the Indian Child Welfare Act Liaison appointed under
118     Section 26B-1-306.

119          (5) "Office" means the Office of American Indian-Alaska Native Health and Family
120     Services created in Section 26B-1-302.
121          Section 3. Section 26B-1-302 is enacted to read:
122          26B-1-302. Office of American Indian-Alaska Native Health and Family Services
123     -- Creation -- Purpose.
124          (1) There is created within the department the Office of American Indian-Alaska
125     Native Health and Family Services.
126          (2) The purpose of the office is to oversee and coordinate department services for
127     Utah's American Indian-Alaska Native populations.
128          Section 4. Section 26B-1-303 is enacted to read:
129          26B-1-303. Director of the office -- Appointment -- Qualifications -- Staff.
130          (1) The executive director of the Department of Health and the executive director of
131     the Department of Human Services shall jointly appoint a director of the office who:
132          (a) has a bachelor's degree from an accredited university or college;
133          (b) is experienced in administration; and
134          (c) is knowledgeable about the areas of American Indian-Alaska Native practices.
135          (2) The director is the administrative head of the office and shall serve under the joint
136     supervision of the executive directors.
137          (3) The executive directors may hire staff as necessary to carry out the duties of the
138     office described in Section 26B-1-304.
139          Section 5. Section 26B-1-304 is enacted to read:
140          26B-1-304. Duties of the office.
141          The office shall:
142          (1) oversee and coordinate department services for Utah's American Indian-Alaska
143     Native populations;
144          (2) conduct regular and meaningful consultation with Indian tribes when there is a
145     proposed department action that has an impact on an Indian tribe as a sovereign entity;
146          (3) monitor agreements between the department and Utah's American Indian-Alaska
147     Native populations; and
148          (4) oversee the health liaison and ICWA liaison.
149          Section 6. Section 26B-1-305, which is renumbered from Section 26-7-2.5 is

150     renumbered and amended to read:
151          [26-7-2.5].      26B-1-305. American Indian-Alaska Native Health Liaison --
152     Appointment -- Duties.
153          [(1) As used in this section:]
154          [(a) "Health care" means care, treatment, service, or a procedure to improve, maintain,
155     diagnose, or otherwise affect an individual's physical or mental condition.]
156          [(b) "Liaison" means the American Indian-Alaska Native Health Liaison appointed
157     under this section.]
158          [(2) The executive director shall:]
159          [(a) establish an office to address health care of Utah's American Indian-Alaska Native
160     population on and off reservations; and]
161          [(b) appoint an individual as the American Indian-Alaska Native Health Liaison who
162     serves as the administrative head of the office under the supervision of the executive director.]
163          [(3) The office shall on behalf of the executive director and the department:]
164          (1) (a) The executive director of the Department of Health and the executive director of
165     the Department of Human Services shall jointly appoint an individual as the American
166     Indian-Alaska Native Health Liaison.
167          (b) The health liaison shall serve under the supervision of the director.
168          (2) The health liaison shall:
169          (a) promote and coordinate collaborative efforts between the department and Utah's
170     American Indian-Alaska Native population to improve the availability and accessibility of
171     quality health care impacting Utah's American Indian-Alaska Native populations on and off
172     reservations;
173          (b) interact with the following to improve health disparities for Utah's American
174     Indian-Alaska Native populations:
175          (i) tribal health programs;
176          (ii) local health departments;
177          (iii) state agencies and officials; and
178          (iv) providers of health care in the private sector;
179          (c) facilitate education, training, and technical assistance regarding public health and
180     medical assistance programs to Utah's American Indian-Alaska Native populations; and

181          (d) staff an advisory board by which Utah's tribes may consult with state and local
182     agencies for the development and improvement of public health programs designed to address
183     improved health care for Utah's American Indian-Alaska Native populations on and off the
184     reservation.
185          [(4) The liaison shall annually report the office's activities and accomplishments to the
186     Native American Legislative Liaison Committee created in Section 36-22-1.]
187          Section 7. Section 26B-1-306 is enacted to read:
188          26B-1-306. Indian Child Welfare Act Liaison -- Appointment -- Qualifications --
189     Duties.
190          (1) (a) The executive director of the Department of Health and the executive director of
191     the Department of Human Services shall jointly appoint an individual as the Indian Child
192     Welfare Act Liaison who:
193          (i) has a bachelor's degree from an accredited university or college; and
194          (ii) is knowledgeable about the areas of child and family services and Indian Tribal
195     child rearing practices.
196          (b) The ICWA liaison shall serve under the supervision of the director.
197          (2) The ICWA liaison shall:
198          (a) act as a liaison between the department and Utah's American Indian populations
199     regarding child and family services;
200          (b) provide training to department employees regarding the requirements and
201     implementation of the Indian Child Welfare Act, 25 U.S.C. Secs. 1901-1963;
202          (c) develop and facilitate education and technical assistance programs for Utah's
203     American Indian populations regarding available child and family services;
204          (d) promote and coordinate collaborative efforts between the department and Utah's
205     American Indian population to improve the availability and accessibility of quality child and
206     family services for Utah's American Indian populations; and
207          (e) interact with the following to improve delivery and accessibility of child and family
208     services for Utah's American Indian populations:
209          (i) state agencies and officials; and
210          (ii) providers of child and family services in the public and private sector.
211          Section 8. Section 26B-1-307 is enacted to read:

212          26B-1-307. Liaison reporting.
213          The health liaison and the ICWA liaison shall annually report the liaisons' respective
214     activities and accomplishments to the Native American Legislative Liaison Committee created
215     in Section 36-22-1.
216          Section 9. Effective date.
217          This bill takes effect on July 1, 2022.
218          Section 10. Coordinating S.B. 28 with S.B. 45 -- Technical amendments.
219          If this S.B. 28 and S.B. 45, Department of Health and Human Services Amendments,
220     both pass and become law, it is the intent of the Legislature that the Office of Legislative
221     Research and General Counsel prepare the Utah Code database for publication by:
222          (1) on July 1, 2022, amending Section 26B-1-303 in this S.B. 28 to read:
223          "(1) The executive director shall appoint a director of the office who:
224          (a) has a bachelor's degree from an accredited university or college;
225          (b) is experienced in administration; and
226          (c) is knowledgeable about the areas of American Indian-Alaska Native practices.
227          (2) The director is the administrative head of the office and shall serve under the
228     supervision of the executive director.
229          (3) The executive director may hire staff as necessary to carry out the duties of the
230     office described in Section 26B-1-304.";
231          (2) on July 1, 2022, amending Subsection 26B-1-305(1)(a) in this S.B. 28 to read:
232          "(1) (a) The executive director shall appoint an individual as the American
233     Indian-Alaska Native Health Liaison."; and
234          (3) on July 1, 2022, amending Subsection 26B-1-306(1)(a) in this S.B. 28 to read:
235          "(1) (a) The executive director shall appoint an individual as the Indian Child Welfare
236     Act Liaison who:
237          (i) has a bachelor's degree from an accredited university or college; and
238          (ii) is knowledgeable about the areas of child and family services and Indian Tribal
239     child rearing practices."