Bill Text: IA HF2466 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act creating a citizen trade policy council, establishing powers and duties for the council, creating a citizen trade policy council fund, and making an appropriation.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-04-20 - Introduced, referred to Appropriations. H.J. 695. [HF2466 Detail]
Download: Iowa-2015-HF2466-Introduced.html
House File 2466 - Introduced HOUSE FILE BY ISENHART A BILL FOR 1 An Act creating a citizen trade policy council, establishing 2 powers and duties for the council, creating a citizen trade 3 policy council fund, and making an appropriation. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5452YH (7) 86 aw/rj PAG LIN 1 1 Section 1. NEW SECTION. 15K.1 Definitions. 1 2 As used in this chapter, unless the context otherwise 1 3 requires: 1 4 1. "Authority" means the economic development authority 1 5 created in section 15.105. 1 6 2. "Council" means the citizen trade policy council created 1 7 in section 15K.2. 1 8 3. "Fund" means the citizen trade policy council fund 1 9 created in section 15K.5. 1 10 4. "Trade agreement" means an agreement reached between 1 11 the United States and any other country, countries, or other 1 12 international political entity or entities that proposes to 1 13 regulate trade among the parties to the agreement. "Trade 1 14 agreement" includes but is not limited to any agreement under 1 15 the auspices of the world trade organization, a multilateral 1 16 or regional free trade agreement, a bilateral trade agreement 1 17 entered into by the United States, and a request for a binding 1 18 agreement received by the state from the office of the United 1 19 States trade representative. 1 20 Sec. 2. NEW SECTION. 15K.2 Citizen trade policy council. 1 21 A citizen trade policy council is created to assess and 1 22 monitor the legal and economic impacts of trade agreements on 1 23 state laws and local ordinances, working conditions, and the 1 24 business environment, and to provide a mechanism for citizens 1 25 and members of the general assembly to voice their concerns and 1 26 recommendations relating to the council's powers and duties. 1 27 The council may make recommendations designed to protect Iowa's 1 28 laws, jobs, natural resources, communities, and economy from 1 29 any negative impact of trade agreements or to enhance the 1 30 benefits of such trade agreements. 1 31 Sec. 3. NEW SECTION. 15K.3 Membership ==== terms ==== vacancies 1 32 ==== limits. 1 33 1. The council shall consist of nineteen voting members and 1 34 nine ex officio, nonvoting members. The voting members shall 1 35 be as follows: 2 1 a. Ten public members, appointed by the governor, subject to 2 2 confirmation by the senate, including: 2 3 (1) A person who operates a small business. 2 4 (2) A person who operates a small farm. 2 5 (3) A representative of a nonprofit organization that 2 6 promotes fair trade policies. 2 7 (4) A representative of an Iowa=based corporation that is 2 8 active in international trade. 2 9 (5) A health care professional. 2 10 (6) A representative of an Iowa=based manufacturing 2 11 business with twenty=five or more employees. 2 12 (7) A representative of an economic development 2 13 organization. 2 14 (8) A person who is active in organized labor. 2 15 (9) A member of a nonprofit human rights organization. 2 16 (10) A member of a nonprofit environmental organization. 2 17 b. Two public members appointed by the speaker of the house 2 18 of representatives. 2 19 c. Two public members appointed by the minority leader of 2 20 the house of representatives. 2 21 d. Two public members appointed by the majority leader of 2 22 the senate. 2 23 e. Two public members appointed by the minority leader of 2 24 the senate. 2 25 f. The attorney general or the attorney general's designee. 2 26 2. The ex officio, nonvoting members shall be the following: 2 27 a. The director of the authority, or the director's 2 28 designee. 2 29 b. The director of the department of workforce development, 2 30 or the director's designee. 2 31 c. The director of the department of natural resources, or 2 32 the director's designee. 2 33 d. The secretary of agriculture, or the secretary's 2 34 designee. 2 35 e. The director of human services, or the director's 3 1 designee. 3 2 f. Four members of the general assembly, one of whom shall 3 3 be appointed by the speaker of the house of representatives, 3 4 one of whom shall be appointed by the minority leader of the 3 5 house of representatives, one of whom shall be appointed by 3 6 the majority leader of the senate, and one of whom shall be 3 7 appointed by the minority leader of the senate. 3 8 3. The governor, the majority leader of the senate, and the 3 9 speaker of the house of representatives shall each designate 3 10 one of the public members appointed by them to the council to 3 11 jointly serve as co=chairpersons. The council may appoint 3 12 other officers and committees as necessary. 3 13 4. In appointing members of the public, the appointing 3 14 authorities shall make every effort to appoint representatives 3 15 of generally recognized and organized constituencies of 3 16 interest groups. In appointing members of the public, the 3 17 governor, the majority and minority leaders of the senate, and 3 18 the speaker and minority leader of the house of representatives 3 19 shall comply with sections 69.16 and 69.16A. 3 20 5. For the purposes of convening a meeting, eleven 3 21 voting members shall constitute a quorum, but for any other 3 22 purpose a majority of the voting members of the council shall 3 23 constitute a quorum, and a majority of a quorum may act in any 3 24 matter within the jurisdiction of the council, unless a more 3 25 restrictive rule is adopted by the council. 3 26 6. Except for ex officio, nonvoting members and the 3 27 attorney general who shall serve terms coincident with their 3 28 elective or appointed office, all other voting members shall be 3 29 appointed for three=year staggered terms. A vacancy shall be 3 30 filled by the same appointing authority that made the original 3 31 appointment. Appointed members shall not serve more than two 3 32 terms, however, members may continue to serve until their 3 33 successors are appointed. 3 34 7. An ex officio member of the council who is a member 3 35 of the general assembly shall be paid the per diem specified 4 1 in section 2.10, subsection 5, for each day in attendance 4 2 and shall be reimbursed for actual and necessary expenses. 4 3 Public members shall serve without compensation, but shall be 4 4 reimbursed for all actual and necessary expenses they incur 4 5 through service on the board. 4 6 8. The general assembly, through the legislative council, 4 7 shall contract for staff support for the citizen trade 4 8 policy council, which, to the extent funding permits, must be 4 9 full=time staff support. In the event funding does not permit 4 10 adequate staff support, the citizen trade policy council may 4 11 request staff support from the legislative services agency and 4 12 the authority. 4 13 9. Commencing with the fiscal year beginning July 1, 2017, 4 14 and every second fiscal year thereafter, there is appropriated 4 15 from the general fund of the state to the council ten thousand 4 16 dollars for the production of reports required under section 4 17 15K.4. 4 18 Sec. 4. NEW SECTION. 15K.4 Powers and duties. 4 19 1. The council shall do all of the following: 4 20 a. Meet at least twice annually. 4 21 b. Hear public testimony and recommendations from the 4 22 citizens of the state and qualified experts when appropriate 4 23 at no fewer than two locations throughout the state each year 4 24 on the actual and potential social, environmental, economic, 4 25 legal, and other impacts of international trade agreements and 4 26 negotiations on the state. 4 27 c. Every two years conduct an assessment of the impacts of 4 28 international trade agreements on Iowa's state laws, political 4 29 subdivision ordinances, working conditions, and economic, 4 30 environmental, and natural resources. 4 31 d. Maintain active communications with and submit an annual 4 32 report to the governor, the general assembly, the attorney 4 33 general, members of Iowa's congressional delegation, the Iowa 4 34 state association of counties, the Iowa league of cities, the 4 35 United States trade representative's office, the national 5 1 conference of state legislatures, and the national association 5 2 of attorneys general or the successor organization of any 5 3 of these groups. The council shall make the report easily 5 4 accessible to the public on the general assembly's internet 5 5 site. The report must contain information acquired pursuant 5 6 to council activities under paragraph "b" and may contain 5 7 information acquired pursuant to activities under paragraph 5 8 "c". 5 9 e. Review and analyze trade agreements, and submit reports 5 10 as required pursuant to section 15K.6. 5 11 f. By December 31, 2022, the council shall conduct an 5 12 evaluation of its activities and recommend to the general 5 13 assembly whether to continue, alter, or cease the council 's 5 14 activities. 5 15 2. The council may do all of the following: 5 16 a. Maintain active communications with any entity the 5 17 council determines appropriate regarding ongoing developments 5 18 in international trade agreements and policy. 5 19 b. Recommend or submit legislation to the general assembly. 5 20 c. Recommend that the state support, or withhold its support 5 21 from, proposed trade negotiations or agreements. 5 22 d. Examine any aspects of international trade, international 5 23 economic integration, and trade agreements that the members of 5 24 the council consider appropriate. 5 25 Sec. 5. NEW SECTION. 15K.5 Citizen trade policy council 5 26 fund. 5 27 1. A citizen trade policy council fund is created in the 5 28 office of the treasurer of state under the control of the 5 29 council for the purpose of receiving moneys appropriated by the 5 30 general assembly and any other moneys available to the council 5 31 under subsection 2. The moneys in the fund are appropriated 5 32 to the council for the purposes of the council. Moneys in 5 33 the fund shall not be subject to appropriation for any other 5 34 purpose by the general assembly, but shall be used only for 5 35 the purposes of the council. The treasurer of state shall 6 1 act as custodian of the fund and disburse moneys contained in 6 2 the fund as directed by the council. The council shall make 6 3 expenditures from the fund consistent with the purposes of the 6 4 council. 6 5 2. The council may solicit and accept other moneys to 6 6 fulfill its duties and deposit the moneys in the fund. The 6 7 council shall annually notify the legislative council of any 6 8 solicitation and acceptance of moneys under this subsection. 6 9 All moneys accepted under this subsection shall be forwarded to 6 10 the treasurer of state, along with an accounting that includes 6 11 the amount received, the date that amount was received, from 6 12 whom that amount was received, the purpose of the donation, and 6 13 any limitation on use of the moneys. 6 14 3. At the beginning of each fiscal year, and at any other 6 15 time at the request of co=chairpersons of the council, the 6 16 treasurer of state shall provide to the council an accounting 6 17 of all moneys available to the council, including moneys 6 18 available for staff support. 6 19 4. Moneys in the fund are not subject to section 8.33. 6 20 Notwithstanding section 12C.7, subsection 2, interest or 6 21 earnings on moneys in the fund shall be credited to the fund. 6 22 Sec. 6. NEW SECTION. 15K.6 Trade agreements. 6 23 1. If the United States government provides the state with 6 24 the opportunity to consent to or to reject binding the state 6 25 to a trade agreement, or a designated provision within a trade 6 26 agreement, an official of the state, including but not limited 6 27 to the governor, shall not give consent to the United States 6 28 government to bind the state to the trade agreement, except as 6 29 provided in this section. 6 30 2. When a communication from the United States trade 6 31 representative concerning a trade agreement is received by the 6 32 state, the governor shall transmit a copy of the communication 6 33 and the trade agreement, or relevant provisions of the trade 6 34 agreement, to the co=chairpersons of the council, the president 6 35 of the senate, the speaker of the house of representatives, and 7 1 the chairpersons and ranking members of the general assembly's 7 2 standing committees on economic growth. 7 3 3. The council, in consultation with the authority, the 7 4 attorney general, and the faculty of the international and 7 5 comparative law program at the college of law at the university 7 6 of Iowa, shall, immediately upon receipt, review and analyze a 7 7 trade agreement and submit a report to the general assembly and 7 8 the governor on the potential impact on the state of consenting 7 9 to be bound by the trade agreement. The council shall make a 7 10 recommendation to the general assembly regarding whether to 7 11 consent to or reject binding the state to the agreement. 7 12 4. An official of the state, including but not limited to 7 13 the governor, shall not consent to bind the state to the terms 7 14 or provisions of a trade agreement unless the general assembly 7 15 has passed a joint resolution authorizing the governor or 7 16 other official to give consent to bind the state to the trade 7 17 agreement or to a provision designated by the United States 7 18 government within the trade agreement. 7 19 EXPLANATION 7 20 The inclusion of this explanation does not constitute agreement with 7 21 the explanation's substance by the members of the general assembly. 7 22 This bill creates a citizen trade policy council (council), 7 23 establishes powers and duties for the council, creates 7 24 a citizen trade policy council fund (fund), and makes an 7 25 appropriation. 7 26 The bill creates the council, consisting of 19 voting 7 27 members and nine ex officio, nonvoting members, to assess and 7 28 monitor the legal and economic impacts of trade agreements on 7 29 state laws and local ordinances, working conditions, and the 7 30 state's natural resources, communities, and economy, and to 7 31 provide a mechanism for citizens and members of the general 7 32 assembly to voice their concerns and recommendations. The 7 33 council is required to consist of 10 public members appointed 7 34 by the governor, eight public members appointed by legislative 7 35 leaders, and the attorney general. The nine ex officio, 8 1 nonvoting members are required to include the director of the 8 2 economic development authority, the director of the department 8 3 of workforce development, the director of the department of 8 4 natural resources, the secretary of agriculture, and the 8 5 director of human services, or their respective designees, 8 6 along with four members of the general assembly. The bill 8 7 makes provisions for what constitutes a quorum of the council 8 8 and the compensation and terms of members. 8 9 Under the bill, the governor, the majority leader of the 8 10 senate, and the speaker of the house of representatives 8 11 are each required to designate one of the public members to 8 12 jointly serve as co=chairpersons. The bill allows the council 8 13 to appoint other officers and committees as necessary and 8 14 requires that the general assembly, through the legislative 8 15 council, contract for staff support for the council. The 8 16 support is required to be full=time if funding permits, but if 8 17 funding does not permit adequate staff support, the council 8 18 is permitted to request staff support from the legislative 8 19 services agency and the economic development authority. The 8 20 bill provides the council with a standing appropriation 8 21 of $10,000, every other fiscal year, for the production of 8 22 reports. 8 23 Under the bill, the council is required to meet at least 8 24 twice annually and hear public testimony and recommendations 8 25 at no fewer than two locations throughout the state each year. 8 26 The council is also required to conduct an assessment of the 8 27 impacts of international trade agreements on Iowa's state 8 28 laws, political subdivision ordinances, working conditions, 8 29 and economic, environmental, and natural resources once every 8 30 two years. The bill requires the council to submit annual 8 31 reports to the governor, the general assembly, the attorney 8 32 general, members of Iowa's congressional delegation, the Iowa 8 33 state association of counties, the Iowa league of cities, the 8 34 United States trade representative's office, the national 8 35 conference of state legislatures, and the national association 9 1 of attorneys general. The bill also requires the council to 9 2 conduct an evaluation of its activities and recommend to the 9 3 general assembly, by December 31, 2022, whether to continue, 9 4 alter, or cease the council's activities. 9 5 The bill also allows the council to maintain active 9 6 communications with any entity the council determines 9 7 appropriate, recommend or submit legislation to the general 9 8 assembly, recommend that the state support, or withhold its 9 9 support from, future trade negotiations or agreements, and 9 10 to examine any aspects of international trade, international 9 11 economic integration, and trade agreements that the members of 9 12 the council consider appropriate. 9 13 The bill creates a fund in the office of the treasurer 9 14 of state under the control of the council to receive moneys 9 15 appropriated by the general assembly and from any other 9 16 source. Under the bill, moneys in the fund are appropriated 9 17 to the council and the treasurer of state is required to act 9 18 as custodian of the fund and disburse moneys contained in the 9 19 fund as directed by the council. The council is required to 9 20 annually notify the legislative council of any solicitation or 9 21 acceptance of moneys from outside sources. Moneys in the fund 9 22 are not subject to reversion under Code section 8.33 and any 9 23 interest or earnings on moneys in the fund are required to be 9 24 credited to the fund. 9 25 The bill provides that an official of the state, including 9 26 the governor, is not able to give consent to bind the state 9 27 to the terms or provisions of a trade agreement unless the 9 28 general assembly has passed a joint resolution authorizing the 9 29 governor or other official of the state to bind the state to 9 30 the trade agreement or to a designated provision within the 9 31 trade agreement. 9 32 Under the bill, the governor is required to transmit a 9 33 copy of a trade agreement, or relevant provisions of a trade 9 34 agreement, to the co=chairpersons of the council, the president 9 35 of the senate, the speaker of the house of representatives, and 10 1 the chairpersons and ranking members of the general assembly's 10 2 standing committees on economic growth. 10 3 The bill requires that the council, in consultation with 10 4 the authority, the attorney general, and the faculty of the 10 5 international and comparative law program at the college of 10 6 law at the university of Iowa, immediately review, analyze, 10 7 and submit a report on such a trade agreement. The bill 10 8 requires the council to submit the report to the general 10 9 assembly and the governor. The council is also required to 10 10 make recommendations to the general assembly. LSB 5452YH (7) 86 aw/rj
