Citations Affected: IC 4-4; IC 14-21; noncode.
Synopsis: Native American affairs commission. Establishes the Native
American affairs commission. Authorizes the commission to
recommend final disposition of Native American human remains that
have been removed from a burial site. (The introduced version of this
bill was prepared by the natural resources study committee.)
Effective: June 1, 2004; July 1, 2004.
January 6, 2004, read first time and referred to Committee on Governmental Affairs and
January 15, 2004, amended, reported favorably _ Do Pass.
January 27, 2004, read second time, amended, ordered engrossed.
A BILL FOR AN ACT to amend the Indiana Code concerning state
offices and administration.
SECTION 1. IC 4-4-32 IS ADDED TO THE INDIANA CODE AS
A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
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" 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).
(4) A person who has demonstrated membership of a tribe located in Indiana that:
(A) has established documented historical recognition; and
(B) is recognized for purposes of this chapter by the governor.
Sec. 4. The Native American Indian affairs commission is established.
Sec. 5. (a) The commission consists of seventeen (17) voting members and two (2) nonvoting members. The voting members of the commission consist of the following:
(1) Seven (7) Native Americans, of whom five (5) members shall be appointed by the governor, one (1) by the speaker of the house of representatives, and one (1) by the president pro tempore of the senate.
(2) Two (2) Native Americans who have knowledge in Native American traditions and spiritual issues who are appointed by the governor.
(3) The commissioner of the department of correction or the commissioner's designee.
(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 superintendent's designee.
(9) The commissioner of the department of workforce development or the commissioner's designee.
(10) The director of the Indiana historical bureau.
(b) The nonvoting members of the commission consist of the following:
(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 appointing authority shall appoint each Native American member of the commission to a term of four (4) years, and any vacancy occurring shall be filled by the appointing authority for the unexpired term. Before appointing a Native American member to the commission, the appointing authority shall solicit nominees from Indiana associations that represent Native Americans. Not more than one (1) member may represent
the same tribe or Native American Indian organization or
(d) A member of the commission may be removed by the member's appointing authority.
(e) A member of the commission appointed under subsection (a)(1) or (a)(2) must provide proof to the appointing authority that the person is a Native American from:
(1) a federally recognized tribe; or
(2) the executive council of the person's tribe.
Sec. 6. The affirmative votes of at least nine (9) members of the commission are required for the commission to take any official action, including public policy recommendations and reports.
Sec. 7. (a) The department and the department of natural resources 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 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 communities, including data collection, equal access to public assistance programs, and informing health officials about cultural traditions relevant to health care.
(2) Cooperation and understanding between the Native American communities and other communities throughout Indiana.
(3) Cultural barriers to the educational system, including barriers to higher education and barriers to opportunities for financial aid and minority scholarships.
(4) Measures to stimulate job skill training and related workforce development, including initiatives to assist employers in overcoming communication and cultural differences.
(5) Programs to encourage the growth and support of Native American owned businesses.
(6) Public awareness of issues affecting the Native American communities.
commission by the governor are as follows:
(1) One (1) member 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) years.
(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, and 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) Notwithstanding IC 4-4-32-5(c), as added by this act, the initial term of office for the individual appointed to the commission under IC 4-4-32-5(a)(1) by:
(1) the speaker of the house of representatives is for a term of two (2) years; and
(2) the president pro tempore of the senate is for a term of four (4) years.
(e) The initial terms begin July 1, 2004.
(f) This SECTION expires July 1, 2008.
SECTION 4. An emergency is declared for this act.