SB 308 — NATIVE AMERICAN OMBUD ACT

=and =(d) 19such aother lmatters (5)as develop procedures for the certificationoffice ideems aappropriate; e r 20 of ombuds;

provided(5) thatdevelop anprocedures employeefor or contractor shall not a t m m 21 investigate a concern filed with the officecertification unlessof thatombuds; person d r e 22 is certified by the office;

cprovided ethat san kemployee 23or (6)contractor analyze,shall commentnot oninvestigate and monitor the e a nconcern bfiled 24with developmentthe andoffice implementationunless of federal and state laws, rules u [ and other governmental policies and actions that pertainperson tois .230164.1certified -by 3the -office; Native Americans;

(6) analyze, comment on and monitor the development and implementation of federal and state laws, rules and other governmental policies and actions that pertain to Native Americans;

and h (9) provide information to public and private g o t hr agencies, legislators and other persons regarding the problems g e i k and concerns of services available to Native Americans and make h r i s recommendations related to those problems and concerns.

h , t, SECTION 4.

[NEW MATERIAL]MATERIAL ] ANNUAL REPORT--CONTENTS.--No e u g e b l e e h later than December 1 of each year, the office shall prepare a n d d i = = o h report that includes:

l ] b ,d i a º e A.

actions taken by the office in the year for r i = r t e w d m a n o which the report is prepared;

B.d m :

concernsb identifiede byd ors onº behalfo oft Nativen e= t.230164.1AIC 17February Americans,21, resolution2025 of(8:19am) thes concernsk andm thee effectiveness- of4 w- le a n e d 18r thee resolutionl processes;u [ A d B.

=concerns =identified 19by aor lon C.behalf of Native Americans, resolution of the concerns and the effectiveness of the resolution processes;

recommendationsC. for improving the quality of i a e r 20 services provided to Native Americans and protecting the rights a t m m 21 of Native Americans;

recommendations for improving the quality of services provided to Native Americans and dprotecting rthe erights 22of D.Native Americans;

policy, regulatory and legislativeD. c e s k 23 recommendations to solve identified concerns related to Native e a n b 24 Americans, to improve processes of resolutions of concerns, to u [ improve the quality of services provided to Native Americans, .230164.1 - 4 - to protect the rights of Native Americans and to remove barriers to services intended for Native Americans.

policy, regulatory and legislative recommendations to solve identified concerns related to Native Americans, to improve processes of resolutions of concerns, to improve the quality of services provided to Native Americans, to protect the rights of Native Americans and to remove barriers to services intended for Native Americans.

[NEW MATERIAL]MATERIAL ] INVESTIGATION AND RESOLUTION OF NATIVE AMERICAN CONCERNS.--The office shall identify, investigate and seek to resolve concerns communicated by or on behalf of Native Americans.

If the office does not address a h concern, the office shall notify the concerned person of the g o t hr decision not to address the concern and the reasons for the g e i k decision.

h r i s SECTION 6.

[NEW MATERIAL]MATERIAL ] CONFIDENTIALITY OF h , t, INFORMATION.-- e u g e b l e e h A.

All files and records maintained by the office n d d i = = o h that pertain to Native Americans are confidential and not l ] b ,d i a º e subject to the provisions of the Inspection of Public Records r i = r t e w d m a n o Act.

The Native American ombud shall not disclose the identity ofd am concerned: person about whom the office maintains files or e t 17 records unless:

wb le d s º o t n d= 18.230164.1AIC (1)February the21, concerned2025 person(8:19am) consentss ink writingm =e =- 195 - e a n e d r e l tou [ A d of a concerned person about whom the disclosure;office maintains files or records unless:

i(1) a e r 20 (2) the concerned person givesconsents oral consent a t m m 21 that is documented immediately in writing byto a representative d r e 22 of the office;disclosure;

or(2) cthe econcerned sperson kgives 23oral (3)consent disclosurethat is ordereddocumented immediately in writing by a court.representative of the office;

eor a(3) ndisclosure bis 24ordered B.by a court.

TheB. annual report required pursuant to Section 4 u [ of the Native American Ombud Act may be based on confidential .230164.1 - 5 - information and may be published or furnished to the public, but the report shall not identify individual Native Americans directly or indirectly nor violate the privileged or confidential nature of the relationship and communications between the Native American and the office.

The annual report required pursuant to Section 4 of the Native American Ombud Act may be based on confidential information and may be published or furnished to the public, but the report shall not identify individual Native Americans directly or indirectly nor violate the privileged or confidential nature of the relationship and communications between the Native American and the office.

[NEW MATERIAL]MATERIAL ] POSTING AND DISTRIBUTION OF h OMBUD INFORMATION.--Every person providing services to Native g o t hr Americans shall post in a conspicuous location a notice g e i k regarding the office that contains a brief description of the h r i s services provided by the office and the name, address and phone h , t, number of the office and shall post it online on the person's e u g e b l e e h website, if applicable.

The form of the notice shall be n d d i = = o h approved by the office.

l ] b ,d i a º e SECTION 8.

[NEW MATERIAL]MATERIAL ] AVAILABILITY OF LEGAL COUNSEL TOr THEi OFFICE.--The= departmentr shallt ensuree thatw adequated legalm counsela isn availableo andTO isTHE able,OFFICE.--The withoutdepartment conflictshall ofensure interest,that eadequate tlegal 17d to:m :

wb le d s º o t n = .230164.1AIC February 21, 2025 (8:19am) s k m e - 6 - e a n e d 18r A.e l u [ A d counsel is available and is able, without conflict of interest, to:

provideA. advice and consultation to the office = = 19 a l needed to protect the rights of Native Americans;

provide advice and iconsultation ato ethe roffice 20needed B.to protect the rights of Native Americans;

assist the office and contractorsB. in the a t m m 21 performance of the official duties of the Native American ombud d r e 22 and representatives.

cassist ethe soffice kand 23contractors SECTIONin 9.the performance of the official duties of the Native American ombud and representatives.

[NEWSECTION MATERIAL]9. INTERFERENCE WITH THE OFFICE e a n b 24 AND RETALIATION PROHIBITED--POTENTIAL ACTIONS FOR u [ NONCOMPLIANCE.-- .230164.1 - 6 - A.

[NEW MATERIAL ] INTERFERENCE WITH THE OFFICE AND RETALIATION PROHIBITED--POTENTIAL ACTIONS FOR NONCOMPLIANCE.-- A.

h C.

If a person fails to comply with the provisions g o t hr of the Native American Ombud Act:

g e i k (1) the office shall report the noncompliance h r i s to the department;

h , t, (2) the office shall collaborate with the e u g e b l e e h department to access processes and resources to address Native n d d i = = o h American services concerns;

and (3)l the] officeb shall,d collaboratei witha theº departmente to(3) identifythe furtheroffice appropriateshall actionscollaborate towith be taken in response to the report,r whichi may= includer at corrective e tw 17d actionm plana or any other administrative action that the w l n do 18 department is authorized to takeidentify tofurther ensure that Native = = 19 a l Americans receive the appropriate servicesactions requiredto bybe statetaken id am e: r 20 law.

Theb officee shalld provides º o t n = .230164.1AIC February 21, 2025 (8:19am) s k m e - 7 - e a lettern e d r e l u [ A d in response to the concernedreport, personwhich may include a tcorrective maction mplan 21or explainingany theother actionsadministrative action that the department willis take.authorized to take to ensure that Native Americans receive the appropriate services required by state law.

dThe roffice eshall 22provide SECTIONa 10.letter to the concerned person explaining the actions the department will take.

APPROPRIATION.--TwoSECTION million10. dollars c e s k 23 ($2,000,000) is appropriated from the general fund to the e a n b 24 Indian affairs department for expenditure in fiscal year 2026 u [ for expenses to be incurred in establishing the office of the .230164.1 - 7 - Native American ombud.

APPROPRIATION.--Two million dollars ($2,000,000) is appropriated from the general fund to the SIRCº Indian affairs department»SIRC SIRCºstate department of justice»SIRC for expenditure in fiscal year 2026 for expenses to be incurred in establishing the office of the Native American ombud.

SIRCº SECTION 11.

EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2025.2025.»SIRC h SIRCºSECTION 11.

-EMERGENCY.--It 8is -necessary 8for 10the 12u 14» 16r epublic tpeace, 17health wand lsafety nthat dthis 18act =take =effect 19t ah g e l i aimmediately.»SIRC eh r 20i as - 8 - h , e h t mu mg 21e db rl e 22e c, gh n d d i = = o h l ] b ,d i a º r e sr k= 23t e w d m a n bo 24d um [: .230164.1

b r e t º o t n = .230164.1AIC February 21, 2025 (8:19am) s k m e e a n e d r e l u [ A d