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REFERENCE TITLE: Native Americans |
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State of Arizona Senate Fifty-second Legislature First Regular Session 2015
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SB 1250 |
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Introduced by Senators Dial, Begay
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AN ACT
amending sections 41‑541, 41‑542, 41‑543, 41‑544 and 41‑545, Arizona Revised Statutes; relating to native americans.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Heading change
The article heading of title 41, chapter 3, article 4, Arizona Revised Statutes, is changed from "INDIAN AFFAIRS COMMISSION" to "ARIZONA COMMISSION OF NATIVE AMERICAN AFFAIRS".
Sec. 2. Section 41-541, Arizona Revised Statutes, is amended to read:
41-541. Arizona commission of Native American affairs; members; term; compensation; officers; meetings; duties
A. The Arizona commission of Indian Native American affairs consists of the governor, the superintendent of public instruction, the director of the department of health services, the director of the department of transportation, the attorney general, the director of the department of economic security, the director of the department of gaming, the director of the office of tourism and the chief executive officer of the Arizona commerce authority, or their representatives, who shall be ex officio members. The governor shall appoint eleven additional members, including four at large, one of whom must represent a nonprofit organization, and seven from among the Indian Native American tribes. Each tribe or tribal council may submit names of members of its tribe to be considered for appointment.
B. The term of office of each appointive member shall be three years, unless the member resigns or is removed. The terms of three appointive members shall expire on the first Monday in January each year. Each member shall hold office until the member's successor is appointed and qualifies. Appointment to fill a vacancy caused otherwise than by expiration of a term shall be for the unexpired portion of the term. A member may be removed at the request of a tribe or tribal council if the member was previously nominated by that tribe or tribal council. All members serve at the pleasure of the governor.
C. Members of the commission serving by virtue of their office shall serve without compensation. Appointed members are eligible to receive compensation as determined pursuant to section 38‑611 for each day of attendance at meetings.
D. The commission shall elect a chairman and a vice‑chairman, who shall be appointive members, and adopt rules for the conduct of meetings. A record shall be kept of all proceedings and transactions.
E. The commission shall meet at least quarterly on the second Thursday of the first month of each quarter and may hold additional meetings on the call of the chairman. A majority of the appointed members of the commission shall constitute a quorum for the transaction of business. Ex officio members may not vote. Members who fail to attend three consecutive meetings shall be deemed to have resigned.
F. The commission may apply for, accept, receive and expend public and private gifts or grants of money or property on such terms and conditions as may be imposed by the donor and for implementation of the commission's internal operations.
G. The commission may accept, receive and spend fees collected at the Arizona Indian Native American town hall to defer expenses for the Arizona Indian Native American town hall.
Sec. 3. Section 41-542, Arizona Revised Statutes, is amended to read:
41-542. Powers and duties; information; report; director; appointment; personnel; limitation; fees; directory
A. The commission shall assist and support state and federal agencies in assisting Indians Native Americans and tribal councils in this state to develop mutual goals, to design projects for achieving goals and to implement their plans. The commission shall also:
1. Assemble and make available facts needed by tribal, state and federal agencies to work together effectively.
2. Assist this state in its responsibilities to Indians Native Americans and tribes of this state by making recommendations to the governor and the legislature.
3. Confer and coordinate with officials and agencies of other governmental units and legislative committees regarding Indian Native American needs and goals.
4. Work for greater understanding and improved relationships between Indians Native Americans and non‑Indians non‑Native Americans by creating an awareness of the legal, social and economic needs of Indians Native Americans in this state.
5. Promote increased participation by Indians Native Americans in local and state affairs.
6. Assist tribal groups in developing increasingly effective methods of self‑government.
7. Assist urban Indians Native Americans. For the purposes of this paragraph, "urban Indian Native AMERICAN" means an Indian a Native American who:
(a) Is a resident of this state.
(b) Resides in a county of this state with a population of more than two hundred thousand persons.
(c) Does not reside on an Indian a Native American reservation in such a county.
B. State and local public officers and employees, on request, shall furnish the commission with information that it may require for its purposes except information which is not subject to disclosure pursuant to a provision of law.
C. The commission shall make a written annual report, giving an account of its proceedings, transactions, findings and recommendations, to the governor and the legislature and may submit such recommendations to the legislature in the form of proposed legislation.
D. The governor shall appoint an executive director of the commission pursuant to section 38‑211 who shall not be a member of the commission. The director is eligible to receive compensation pursuant to section 38‑611. The commission may employ clerical, professional and technical personnel subject to chapter 4, article 4 of this title and appropriated funds and shall prescribe their duties and determine their compensation pursuant to section 38‑611.
E. The commission may initiate or assist programs on a reservation only upon the request or with the approval of the tribal council for such reservation.
F. The commission may publish an annual directory of tribal governments in this state and other tribal and Indian Native American related organizations and entities. The commission shall charge a fee for nongovernmental distribution of the directory and other commission publications based on the costs of compiling, publishing and distributing the directory and other commission publications.
Sec. 4. Section 41-543, Arizona Revised Statutes, is amended to read:
41-543. Native American affairs commission publications fund
An Indian The Native American affairs commission publications fund is established consisting of monies received from the sale of publications pursuant to section 41-542. The monies in the fund are appropriated to the commission to produce and distribute commission publications. The commission shall deposit, pursuant to sections 35-146 and 35-147, all fees collected from its publications in this fund. The commission shall annually account to the department of administration for its use of the monies in the fund. Monies in the fund of fifteen thousand dollars or less are exempt from section 35‑190 relating to lapsing of monies appropriations.
Sec. 5. Section 41-544, Arizona Revised Statutes, is amended to read:
41-544. Native American nations and tribes legislative day
A. The Arizona commission of Indian Native American affairs, in cooperation with representatives from the state's Indian Native American nations, shall annually facilitate an Indian a Native American nations and tribes legislative day on Tuesday of the second week of each regular legislative session. The commission shall invite the legislature, governor and other elected officials to pay tribute to the history and culture of the Native American Indian peoples and their contributions to the prosperity and cultural diversity of the United States. The commission shall schedule activities and discussions between state and Indian Native American nations and tribal leaders on issues in which the state and Indian Native American nations and tribes share a common interest or jurisdiction.
B. Indian Native American nations and tribes legislative day is not a legal holiday.
Sec. 6. Section 41-545, Arizona Revised Statutes, is amended to read:
41-545. Arizona Native American town hall fund
An Arizona Indian Native American town hall fund is established that consists of monies collected or received at Indian Native American town halls as fees that are intended to defray administrative costs related to these town halls pursuant to section 41‑541. The commission shall deposit, pursuant to sections 35‑146 and 35‑147, all fees collected from this activity in this fund.
Sec. 7. Conforming legislation
The legislative council staff shall prepare proposed legislation conforming the Arizona Revised Statutes to the provisions of this act for consideration in the fifty-second legislature, second regular session. In preparing the conforming legislation, the legislative council staff:
1. Shall prepare proposed amendments to article XX, sections 3, 4 and 5, Constitution of Arizona, for submission to the voters at the next general election as provided by article XXI, Constitution of Arizona. The proposed amendments shall be conditioned on the enactment of legislation by the United States Congress amending the Enabling Act of June 20, 1910 to substitute the term "Native American" for the term "Indian".
2. May not substitute the term "Native American" for the term "Indian" in the citations to federal laws or agencies, including the bureau of Indian affairs, the Indian reorganization act (48 Stat. 984; 25 United States Code section 461 et seq.), the Indian gaming regulatory act of 1988 (P.L. 100‑497; 102 Stat. 2467; 25 United States Code sections 2701 through 2721 and 18 United States Code sections 1166 through 1168) and the Indian child welfare act of 1978 (P.L. 95‑608; 92 Stat. 3069; 25 United States Code sections 1901 through 1963).