Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 28 Second Substitute (2022GS)

Sponsor

Sen. Iwamoto, J.

Final action

Governor Signed 3/23/2022

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• creates the Office of American Indian-Alaska Native Health and Family Services within the Department of Health and Human Services;
• moves the American Indian-Alaska Native Health Office and the American Indian-Alaska Native Health Liaison to the Office of American Indian-Alaska Native Health and Family Services;
• requires the executive directors of the Department of Health and the Department of Human Services to jointly appoint:
• a director of the Office of American Indian-Alaska Native Health and Family Services;
• an Indian Child Welfare Act Liaison; and
• an American Indian-Alaska Native Health Liaison;
• requires the Indian Child Welfare Act Liaison and the director of the Office of American Indian-Alaska Native Health and Family Services to meet certain qualifications;
• defines the duties of the Office of American Indian-Alaska Native Health and Family Services and the Indian Child Welfare Act Liaison;
• modifies the duties of the American Indian-Alaska Native Health Liaison;
• creates reporting requirements; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

OFFICE OF AMERICAN INDIAN-ALASKA NATIVE
HEALTH AND FAMILY SERVICES
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jani Iwamoto
House Sponsor: 
Christine F. Watkins
LONG TITLE
General Description:
This bill creates the Office of American Indian-Alaska Native Health and Family
Services within the Department of Health and Human Services.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ creates the Office of American Indian-Alaska Native Health and Family Services
within the Department of Health and Human Services;
▸ moves the American Indian-Alaska Native Health Office and the American
Indian-Alaska Native Health Liaison to the Office of American Indian-Alaska
Native Health and Family Services;
▸ requires the executive directors of the Department of Health and the Department of
Human Services to jointly appoint:
• a director of the Office of American Indian-Alaska Native Health and Family
Services;
• an Indian Child Welfare Act Liaison; and
• an American Indian-Alaska Native Health Liaison;
▸ requires the Indian Child Welfare Act Liaison and the director of the Office of
American Indian-Alaska Native Health and Family Services to meet certain
qualifications;
▸ defines the duties of the Office of American Indian-Alaska Native Health and
Family Services and the Indian Child Welfare Act Liaison;
▸ modifies the duties of the American Indian-Alaska Native Health Liaison;
▸ creates reporting requirements; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
This bill provides a coordination clause.
Utah Code Sections Affected:
AMENDS:
9-9-104.6
, as last amended by Laws of Utah 2021, Chapters 184 and 282
ENACTS:
26B-1-301
, Utah Code Annotated 1953
26B-1-302
, Utah Code Annotated 1953
26B-1-303
, Utah Code Annotated 1953
26B-1-304
, Utah Code Annotated 1953
26B-1-306
, Utah Code Annotated 1953
26B-1-307
, Utah Code Annotated 1953
RENUMBERS AND AMENDS:
26B-1-305
, (Renumbered from 26-7-2.5, as last amended by Laws of Utah 2020,
Chapter 236)
Utah Code Sections Affected by Coordination Clause:
26B-1-303
, Utah Code Annotated 1953
26B-1-305
, Utah Code Annotated 1953
26B-1-306
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
9-9-104.6
 is amended to read:
9-9-104.6.
Participation of state agencies in meetings with tribal leaders --
Contact information.
(1) For at least three of the joint meetings described in Subsection 
9-9-104.5
(2)(a), the
division shall coordinate with representatives of tribal governments and the entities listed in
Subsection (2) to provide for the broadest participation possible in the joint meetings.
(2) The following may participate in all meetings described in Subsection (1):
(a) the chairs of the Native American Legislative Liaison Committee created in Section
36-22-1
;
(b) the governor or the governor's designee;
(c) the American Indian-Alaska Native Health Liaison appointed in accordance with
Section [
26-7-2.5
] 
26B-1-305
;
(d) the American Indian-Alaska Native Public Education Liaison appointed in
accordance with Section 
53F-5-604
; and
(e) a representative appointed by the chief administrative officer of the following:
(i) the Department of Human Services;
(ii) the Department of Natural Resources;
(iii) the Department of Workforce Services;
(iv) the Governor's Office of Economic Opportunity;
(v) the State Board of Education; and
(vi) the Utah Board of Higher Education.
(3) (a) The chief administrative officer of the agencies listed in Subsection (3)(b) shall:
(i) designate the name of a contact person for that agency that can assist in coordinating
the efforts of state and tribal governments in meeting the needs of the Native Americans
residing in the state; and
(ii) notify the division:
(A) who is the designated contact person described in Subsection (3)(a)(i); and
(B) of any change in who is the designated contact person described in Subsection
(3)(a)(i).
(b) This Subsection (3) applies to:
(i) the Department of Agriculture and Food;
(ii) the Department of Cultural and Community Engagement;
(iii) the Department of Corrections;
(iv) the Department of Environmental Quality;
(v) the Department of Public Safety;
(vi) the Department of Transportation;
(vii) the Office of the Attorney General;
(viii) the State Tax Commission; and
(ix) any agency described in Subsections (2)(c) through (e).
(c) At the request of the division, a contact person listed in Subsection (3)(b) may
participate in a meeting described in Subsection (1).
(4) (a) A participant under this section who is not a legislator may not receive
compensation or benefits for the participant's service, but may receive per diem and travel
expenses as allowed in:
(i) Section 
63A-3-106
;
(ii) Section 
63A-3-107
; and
(iii) rules made by the Division of Finance according to Sections 
63A-3-106
 and
63A-3-107
.
(b) Compensation and expenses of a participant who is a legislator are governed by
Section 
36-2-2
 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
Section 2. Section 
26B-1-301
 is enacted to read:
Part 3. Office of American Indian-Alaska Native Health and Family Services
 26B-1-301.
Definitions.
As used in this part:
(1) "Director" means the director of the office appointed under Section 
26B-1-303
.
(2) "Health care" means care, treatment, service, or a procedure to improve, maintain,
diagnose, or otherwise affect an individual's physical or mental condition.
(3) "Health liaison" means the American Indian-Alaska Native Health Liaison
appointed under Section 
26B-1-305
.
(4) "ICWA liaison" means the Indian Child Welfare Act Liaison appointed under
Section 
26B-1-306
.
(5) "Office" means the Office of American Indian-Alaska Native Health and Family
Services created in Section 
26B-1-302
.
Section 3. Section 
26B-1-302
 is enacted to read:
 26B-1-302.
Office of American Indian-Alaska Native Health and Family Services
-- Creation -- Purpose.
(1) There is created within the department the Office of American Indian-Alaska
Native Health and Family Services.
(2) The purpose of the office is to oversee and coordinate department services for
Utah's American Indian-Alaska Native populations.
Section 4. Section 
26B-1-303
 is enacted to read:
 26B-1-303.
Director of the office -- Appointment -- Qualifications -- Staff.
(1) The executive director of the Department of Health and the executive director of
the Department of Human Services shall jointly appoint a director of the office who:
(a) has a bachelor's degree from an accredited university or college;
(b) is experienced in administration; and
(c) is knowledgeable about the areas of American Indian-Alaska Native practices.
(2) The director is the administrative head of the office and shall serve under the joint
supervision of the executive directors.
(3) The executive directors may hire staff as necessary to carry out the duties of the
office described in Section 
26B-1-304
.
Section 5. Section 
26B-1-304
 is enacted to read:
 26B-1-304.
Duties of the office.
The office shall:
(1) oversee and coordinate department services for Utah's American Indian-Alaska
Native populations;
(2) conduct regular and meaningful consultation with Indian tribes when there is a
proposed department action that has an impact on an Indian tribe as a sovereign entity;
(3) monitor agreements between the department and Utah's American Indian-Alaska
Native populations; and
(4) oversee the health liaison and ICWA liaison.
Section 6. Section 
26B-1-305
, which is renumbered from Section 26-7-2.5 is
renumbered and amended to read:
[
26-7-2.5
].
 26B-1-305.
American Indian-Alaska Native Health Liaison --
Appointment -- Duties.
[
(1) As used in this section:
]
[
(a) "Health care" means care, treatment, service, or a procedure to improve, maintain,
diagnose, or otherwise affect an individual's physical or mental condition.
]
[
(b) "Liaison" means the American Indian-Alaska Native Health Liaison appointed
under this section.
]
[
(2) The executive director shall:
]
[
(a) establish an office to address health care of Utah's American Indian-Alaska Native
population on and off reservations; and
]
[
(b) appoint an individual as the American Indian-Alaska Native Health Liaison who
serves as the administrative head of the office under the supervision of the executive director.
]
[
(3) The office shall on behalf of the executive director and the department:
]
(1) (a) The executive director of the Department of Health and the executive director of
the Department of Human Services shall jointly appoint an individual as the American
Indian-Alaska Native Health Liaison.
(b) The health liaison shall serve under the supervision of the director.
(2) The health liaison shall:
(a) promote and coordinate collaborative efforts between the department and Utah's
American Indian-Alaska Native population to improve the availability and accessibility of
quality health care impacting Utah's American Indian-Alaska Native populations on and off
reservations;
(b) interact with the following to improve health disparities for Utah's American
Indian-Alaska Native populations:
(i) tribal health programs;
(ii) local health departments;
(iii) state agencies and officials; and
(iv) providers of health care in the private sector;
(c) facilitate education, training, and technical assistance regarding public health and
medical assistance programs to Utah's American Indian-Alaska Native populations; and
(d) staff an advisory board by which Utah's tribes may consult with state and local
agencies for the development and improvement of public health programs designed to address
improved health care for Utah's American Indian-Alaska Native populations on and off the
reservation.
[
(4) The liaison shall annually report the office's activities and accomplishments to the
Native American Legislative Liaison Committee created in Section 
36-22-1
.
]
Section 7. Section 
26B-1-306
 is enacted to read:
 26B-1-306.
Indian Child Welfare Act Liaison -- Appointment -- Qualifications --
Duties.
(1) (a) The executive director of the Department of Health and the executive director of
the Department of Human Services shall jointly appoint an individual as the Indian Child
Welfare Act Liaison who:
(i) has a bachelor's degree from an accredited university or college; and
(ii) is knowledgeable about the areas of child and family services and Indian tribal
child rearing practices.
(b) The ICWA liaison shall serve under the supervision of the director.
(2) The ICWA liaison shall:
(a) act as a liaison between the department and Utah's American Indian populations
regarding child and family services;
(b) provide training to department employees regarding the requirements and
implementation of the Indian Child Welfare Act, 25 U.S.C. Secs. 1901-1963;
(c) develop and facilitate education and technical assistance programs for Utah's
American Indian populations regarding available child and family services;
(d) promote and coordinate collaborative efforts between the department and Utah's
American Indian population to improve the availability and accessibility of quality child and
family services for Utah's American Indian populations; and
(e) interact with the following to improve delivery and accessibility of child and family
services for Utah's American Indian populations:
(i) state agencies and officials; and
(ii) providers of child and family services in the public and private sector.
Section 8. Section 
26B-1-307
 is enacted to read:
 26B-1-307.
Liaison reporting.
The health liaison and the ICWA liaison shall annually report the liaisons' respective
activities and accomplishments to the Native American Legislative Liaison Committee created
in Section 
36-22-1
.
Section 9. 
Effective date.
This bill takes effect on July 1, 2022.
Section 10. 
 Coordinating S.B. 28 with S.B. 45 -- Technical amendments.
If this S.B. 28 and S.B. 45, Department of Health and Human Services Amendments,
both pass and become law, it is the intent of the Legislature that the Office of Legislative
Research and General Counsel prepare the Utah Code database for publication by:
(1) on July 1, 2022, amending Section 
26B-1-303
 in this S.B. 28 to read:
"(1) The executive director shall appoint a director of the office who:
(a) has a bachelor's degree from an accredited university or college;
(b) is experienced in administration; and
(c) is knowledgeable about the areas of American Indian-Alaska Native practices.
(2) The director is the administrative head of the office and shall serve under the
supervision of the executive director.
(3) The executive director may hire staff as necessary to carry out the duties of the
office described in Section 
26B-1-304."
;
(2) on July 1, 2022, amending Subsection 
26B-1-305
(1)(a) in this S.B. 28 to read:
"(1) (a) The executive director shall appoint an individual as the American
Indian-Alaska Native Health Liaison."; and
(3) on July 1, 2022, amending Subsection 
26B-1-306
(1)(a) in this S.B. 28 to read:
"(1) (a) The executive director shall appoint an individual as the Indian Child Welfare
Act Liaison who:
(i) has a bachelor's degree from an accredited university or college; and
(ii) is knowledgeable about the areas of child and family services and Indian tribal
child rearing practices.".