SB 100-1_ Filed 02/19/2004, 07:40
Your Committee on Rules and Legislative Procedures , to which was referred
Senate Bill 100 , has had the same under consideration and begs leave to report the
same back to the House with the recommendation that said bill be amended as follows:
Delete everything after the enacting clause and insert:
SOURCE: IC 4-4-32; (04)AM010006.1. -->
SECTION 1. IC 4-4-32 IS ADDED TO THE INDIANA CODE AS
CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1,
Chapter 32. Native American Indian Affairs Commission
Sec. 1. As used in this chapter, "commission" refers to the
Native American Indian affairs commission established by section
4 of this chapter.
Sec. 2. As used in this chapter, "department" refers to the
department of workforce development.
Sec. 3. As used in this chapter, "Native American Indian"
means an individual who is at least one (1) of the following:
(1) An Alaska native as defined in 43 U.S.C. 1602(b).
(2) An Indian as defined in 25 U.S.C. 450b(d).
(3) A native Hawaiian as defined in 20 U.S.C. 7912(1).
Sec. 4. The Native American Indian affairs commission is
Sec. 5. (a) The commission consists of fifteen (15) voting
members and two (2) nonvoting members. The voting members of
the commission consist of the following:
(1) Six (6) Native American Indians, each from a different
geographic region of Indiana.
(2) Two (2) Native American Indians who have knowledge in
Native American traditions and spiritual issues.
(3) The commissioner of the department of correction or the
(4) The commissioner of the commission for higher education
or the commissioner's designee.
(5) The commissioner of the state department of health or
the commissioner's designee.
(6) The secretary of the office of family and social services or
the secretary's designee.
(7) The director of the department of natural resources or
the director's designee.
(8) The state superintendent of public instruction or the
(9) The commissioner of the department of workforce
development or the commissioner's designee.
(b) The nonvoting members of the commission consist of the
(1) One (1) member of the house of representatives
appointed by the speaker of the house of representatives.
(2) One (1) member of the senate appointed by the president
pro tempore of the senate.
(c) The governor shall appoint each Native American Indian
member of the commission to a term of four (4) years, and any
vacancy occurring shall be filled by the governor for the unexpired
term. Before appointing a Native American Indian member to the
commission, the governor shall solicit nominees from Indiana
associations that represent Native American Indians in the
geographic region from which the member will be selected. Not
more than one (1) member may represent the same tribe or
Native American Indian organization or association.
(d) A member of the commission may be removed by the
member's appointing authority.
Sec. 6. The affirmative votes of at least eight (8) voting
members of the commission are required for the commission to
take any official action, including public policy recommendations
Sec. 7. (a) The department shall provide staff and
administrative support for the commission.
(b) Expenses incurred under this chapter shall be paid from
funds appropriated to the department.
(c) The governor shall appoint a voting member of the
commission to serve as the commission's chairperson.
Sec. 8. The commission shall study problems common to Native
American Indian residents of Indiana in the areas of employment,
education, civil rights, health, and housing. The commission may
make recommendations to appropriate federal, state, and local
governmental agencies concerning the following:
(1) Health issues affecting Native American Indian
communities, including data collection, equal access to public
assistance programs, and informing health officials of
cultural traditions relevant to health care.
(2) Cooperation and understanding between the Native
American Indian communities and other communities
(3) Cultural barriers to the educational system, including
barriers to higher education and opportunities for financial
aid and minority scholarships.
(4) Inaccurate information and stereotypes concerning Native
American Indians, including the accuracy of educational
(5) Measures to stimulate job skill training and related
workforce development, including initiatives to assist
employers to overcome communication and cultural
(6) Programs to encourage the growth and support of Native
American Indian owned businesses.
(7) Public awareness of issues affecting the Native American
(8) Issues concerning preservation and excavation of Native
American Indian historical and archeology sites, including
reburial of Native American Indians.
(9) Measures that could facilitate easier access to state and
local government services by Native American Indians.
Sec. 9. The commission may not study or make
recommendations on the following issues:
(1) Negotiations between a tribe and the state or federal
government concerning tribal sovereignty.
(2) Gaming on tribal land.
SOURCE: IC 14-21-1-25.5; (04)AM010006.2. -->
SECTION 2. IC 14-21-1-25.5 IS ADDED TO THE INDIANA
CODE AS A NEW
SECTION TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 25.5. (a) If a Native American Indian burial
ground is discovered, the department shall immediately provide
notice to the Native American Indian affairs commission
established by IC 4-4-32.
(b) If Native American Indian human remains are removed
from a burial ground, the department shall provide the following
to the Native American Indian affairs commission:
(1) Any written findings or reports that result from the
analysis and study of the human remains.
(2) Written notice to the Native American Indian affairs
commission that the analysis and study of the human
remains are complete.
(c) After receiving written notice under subsection (b)(2), the
Native American Indian affairs commission shall make
recommendations to the department regarding the final
disposition of the Native American Indian human remains.
SOURCE: ; (04)AM010006.3. -->
SECTION 3. [EFFECTIVE JUNE 1, 2004] (a) As used in this
SECTION, "commission" refers to the Native American Indian
affairs commission established by IC 4-4-32-4, as added by this
(b) The governor shall make the initial appointments to the
commission not later than July 1, 2004. In making an initial
appointment, the governor shall indicate the length of the term
for which the individual is appointed.
(c) Notwithstanding IC 4-4-32-5(c), as added by this act, the
initial terms of office for the eight (8) individuals appointed to the
commission by the governor are as follows:
(1) Two (2) members appointed under IC 4-4-32-5(a)(1), as
added by this act, for a term of one (1) year.
(2) One (1) member appointed under IC 4-4-32-5(a)(1), as
added by this act, and one (1) member appointed under
IC 4-4-32-5(a)(2), as added by this act, for a term of two (2)
(3) Two (2) members appointed under IC 4-4-32-5(a)(1), as
added by this act, for a term of three (3) years.
(4) One (1) member appointed under IC 4-4-32-5(a)(1), as
added by this act, for a term of four (4) years.
(5) One (1) member appointed under IC 4-4-32-5(a)(2), as
added by this act, for a term of four (4) years.
(d) The initial terms begin July 1, 2004.
(e) This SECTION expires July 1, 2008.
SOURCE: ; (04)AM010006.4. -->
SECTION 4. An emergency is declared for this act.
(Reference is to SB 100 as reprinted January 28, 2004.)
and when so amended that said bill do pass.
AM010006/DI 75 2004