Bill Text - HB1610 (2010)

(New Title) establishing a New Hampshire commission on Native American affairs and recognizing Native American residents of the state as a minority population in New Hampshire.


Revision: March 22, 2010, midnight

HB 1610-FN – AS AMENDED BY THE HOUSE

10Mar2010… 0692h

2010 SESSION

10-2489

05/03

HOUSE BILL 1610-FN

AN ACT establishing a New Hampshire commission on Native American affairs and recognizing Native American residents of the state as a minority population in New Hampshire.

SPONSORS: Rep. Carr, Ches 4; Rep. Cushing, Rock 15; Rep. Watters, Straf 4; Rep. Charron, Rock 7; Rep. Lindsey, Ches 3; Sen. Fuller Clark, Dist 24; Sen. Kelly, Dist 10

COMMITTEE: State-Federal Relations and Veterans Affairs

AMENDED ANALYSIS

This bill establishes a New Hampshire commission on Native American affairs. The bill also recognizes Native American residents as a minority population in the state of New Hampshire.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

10Mar2010… 0692h

10-2489

05/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Ten

AN ACT establishing a New Hampshire commission on Native American affairs and recognizing Native American residents of the state as a minority population in New Hampshire.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Subdivision; Department of Cultural Resources; New Hampshire Commission on Native American Affairs. Amend RSA 21-K by inserting after section 23 the following new subdivision:

New Hampshire Commission on Native American Affairs

21-K:24 New Hampshire Commission on Native American Affairs Established.

I. In order to recognize the historic and cultural contributions of Native Americans to New Hampshire, to protect and strengthen their own heritage, and to address their needs in state policy, programs, and actions, there is hereby established the New Hampshire commission on Native American affairs.

II. The commission shall consist of 7 members, appointed by the governor, who are residents of New Hampshire. The governor may appoint up to 5 of the initial members from a list of up to 15 candidates compiled by the New Hampshire Intertribal Native American Council on behalf of Native American groups within the state. Thereafter, the governor shall appoint members based on recommendations submitted by the commission. The Native American commission shall be nonpartisan. Each member of the commission shall serve a 3-year term, and no member shall serve more than 2 consecutive terms. Initial appointments by the governor shall be for staggered terms of one, 2, or 3 years.

III. The commission shall be vested with the authority to:

(a) Address issues common to Native Americans and persons of Native American descent who are residing in this state.

(b) Promote and protect Native American arts in New Hampshire.

(c) Develop guidelines and policies to assist state agencies with state and federal laws pertaining to Indian affairs, such as:

(1) Preservation and protection of Native American artifacts and burial grounds under Native American Graves Protection and Repatriation Act of 1990, P.L. 101-601.

(2) The Indian Child Welfare Act of 1978, 25 U.S.C., section 1902 et seq.

(3) The Indian Arts and Crafts Act of 1990, P.L. 101-644.

(d) Assist Native American tribal councils, organizations, and individuals to:

(1) Secure social services, education, employment opportunities, health care, housing, and census information.

(2) Permit the creation, display, and sale of Native American arts and crafts to legally label them as Indian- or Native American-produced, as provided in 18 U.S.C. section 1159(c)(3)(B) and 25 U.S.C. section 305e(d)(2).

(3) Receive assistance and support from the federal Indian Arts and Crafts Board, as provided in 25 U.S.C. section 305 et seq.

(4) Establish eligibility for federal assistance with educational, housing, and cultural opportunities.

(5) Establish and/or continue programs offered through the U.S. Department of Education Office on Indian Education pursuant to Title VII of the Elementary and Secondary Education Act established in 1972 to support educational and cultural efforts of tribal entities that have been either state or federally recognized.

IV. The commission shall meet at least 4 times a year and at any other times at the request of the chairperson. The chairperson of the commission shall be elected by a majority vote of the commission members.

V. The commission is authorized to accept any gifts, grants, or donations from any public or private source, provided that such gifts, grants, or donations shall be used exclusively to advance the commission’s purpose and duties. Members of the commission shall serve without compensation.

VI. Beginning November 1, 2011, and each year thereafter, the commission shall submit an annual report of its activities, findings, and recommendations to the governor, the speaker of the house of representatives, the senate president, the commissioner of the department of cultural resources, and the state library.

VII. The commission shall be administratively attached to the department of cultural resources.

2 Recognition of the Native American People.

I. The state of New Hampshire recognizes all Native American people who reside in New Hampshire as a minority population.

II. Recognition of the Native American people provided in paragraph I shall be for the sole purposes specified in section 1 of this act and shall not be interpreted to provide any Native American with any other special rights or privileges that the state does not confer on or grant to other state residents.

3 Effective Date. This act shall take effect 60 days after its passage.

LBAO

10-2489

Amended 03/18/10

HB 1610 FISCAL NOTE

AN ACT establishing a New Hampshire commission on Native American affairs and recognizing Native American residents of the state as a minority population in New Hampshire.

FISCAL IMPACT:

      The Department of Cultural Resources states this bill, as amended by the House (Amendment #2010-0692h), may increase state restricted revenue by an indeterminable amount in FY 2010 and each year thereafter. There will be no fiscal impact on county and local revenue or state, county, or local expenditures.

METHODOLOGY:

    The Department of Cultural Resources states this bill establishes a New Hampshire commission on Native American affairs. While the commission will be administratively attached to the Department of Cultural Resources, the Department states this will not cause an increase in cost as a result. The bill authorizes the newly established commission to accept any gifts, grants, or donations from any public or private source, provided that such gifts, grants, or donations shall be used exclusively to advance the commission’s purpose and duties. The Department states this authorization may lead to an increase in state restricted revenues in FY 2010 and each year thereafter.

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