Bill Text - HB1610 (2010)

(2nd New Title) establishing a New Hampshire commission on Native American affairs.


Revision: July 22, 2010, midnight

CHAPTER 325

HB 1610-FN – FINAL VERSION

10Mar2010… 0692h

05/05/10 1884s

02Jun2010… 2225cofc

2010 SESSION

10-2489

05/03

HOUSE BILL 1610-FN

AN ACT establishing a New Hampshire commission on Native American affairs.

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 the New Hampshire commission on Native American affairs.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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

05/05/10 1884s

02Jun2010… 2225cofc

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.

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

325:1 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 promote and strengthen their own heritage, and to further their needs through state policy and programs, there is hereby established the New Hampshire commission on Native American affairs.

II. The commission shall consist of 15 members who derive from geographically diverse areas of the state and are representative of the diverse groups, organizations, and individuals knowledgeable about Native American history, culture, and affairs as follows:

(a) The director or designee of the division of travel and tourism development.

(b) The director or designee of the Native American Program at Dartmouth College.

(c) An archeologist appointed by the director of the division of historical resources.

(d) The director or designee of the state council on the arts.

(e) A genealogist appointed by the New Hampshire Society of Genealogists.

(f) Ten members from the public at large, who shall be representatives from the Native American community, appointed by the governor from recommendations prepared by the director of the division of historical resources. All interested individuals shall submit a letter to the director of the division of historical resources stating why they wish to be considered and their qualifications accompanied by 3 letters of recommendation.

III. Each member of the commission shall serve a 3-year term, and no member shall serve more than 2 consecutive terms. A vacancy occurring other than by expiration of term shall be filled in the same manner as the original appointment was made but for the unexpired term only. Initial appointments by the governor shall be for staggered terms of one, 2, or 3 years. Members of the commission shall serve without compensation.

IV. For voting purposes a quorum shall be 9 members.

V. At the first meeting, which shall be called by the first named member of the commission within 45 days after the completion of the naming of the commission members, members of the commission shall elect a chairman, secretary, and treasurer. Officers shall be elected for a one-year term but may be elected to serve an additional term. All officers of the commission shall be elected by a majority vote of the members.

VI. The commission shall:

(a) Review and study local, state, and federal issues common to Native Americans and persons of Native American descent who are residing in this state.

(b) Develop recommendations to assist state agencies with the preservation and protection of Native American artifacts and burial grounds under the Native American Graves Protection and Repatriation Act of 1990, P.L. 101-601.

(c) Assist Native American groups, organizations, and individuals in New Hampshire with:

(1) Securing social services, education, employment opportunities, health care, housing, cultural opportunities, and census information as available at both the state and federal levels, including assistance in determining eligibility for the Indian Child Welfare Act of 1978, 25 U.S.C. section 1902 et seq.

(2) Establishing and/or continuing programs concerning Native American history, culture, and affairs, including those offered through the United States Department of Education Office on Indian Education pursuant to Title VII of the Elementary and Secondary Education Act established in 1972.

(3) Promoting and strengthening the creation, display, and sale of Native American arts and crafts, and providing educational information to artisans and marketing outlets promoting the legal labeling of such products 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), as well as determining eligibility for the Indian Arts and Crafts Act of 1990, P.L. 101-644, and receiving assistance and support from the Indian Arts and Crafts Board, as provided in 25 U.S.C. section 305 et seq.

VII. The commission shall meet at least 4 times a year and at any other times at the request of the chairperson or by 7 members of the commission. Notice of all meetings and minutes of such meetings shall be posted on the New Hampshire department of cultural resources website.

VIII. The commission may 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. Information concerning the receipt of any gifts, grants, or donations shall be posted on the department of cultural resources website.

IX. 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. The annual report shall be approved by a majority vote of the commission and shall be posted on the department of cultural resources website.

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

XI. Nothing in the purposes and duties of the commission shall 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. The authority to grant state tribal status or recognition under Section 104 of the Indian Arts and Crafts Act of 1990, 18 U.S.C. section 1159(c)(3)(B), is reserved solely to the New Hampshire general court.

325:2 Repeal. RSA 21-K:24, relative to the New Hampshire commission on Native American affairs, is repealed.

325:3 Effective Date.

I. Section 2 of this act shall take effect July 1, 2015.

II. The remainder of this act shall take effect upon its passage.

Approved: July 20, 2010

Effective Date: I. Section 2 shall take effect July 1, 2015.

II. Remainder shall take effect July 20, 2010.

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