HB1617 by *Kernell, *Cooper B, *Arriola, *Windle, *Dunn, *Fraley, *Tindell, *Phelan, *Davis (Wash), *Fitzhugh, *Ferguson, *Bone, *White, *Turner (Shelby), *Winningham, *Maddox, *Armstrong, *Goins, *Pinion. (*SB0041 by *Harper.)
Sunset Laws - Commission of Indian affairs, June 30, 2002. - Amends TCA Title 4, Chapter 29 and Title 4, Chapter 34.
Fiscal Summary for SB0041
Decrease State Expenditures - $55,200 FY02-03 and thereafter
Bill Summary for HB1617 / *SB0041
ON MAY 7, 2001, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 41 AS AMENDED.
AMENDMENT #1 rewrites this bill.
Under present law, the department of environment and conservation administers the Tennessee commission of Indian affairs. The commission consists of five gubernatorial appointees, three of whom are required to be at least 25 percent Native American lineage. The governor designates the chair of the commission.
This amendment would remove the commission from the department's supervision and attach the commission to the department for administrative purposes only. This amendment would increase the number of members on the commission from five to seven. All commission members would be selected jointly by the speakers of both houses of the general assembly from a list of nominees provided by the Tennessee Native American convention, and the commission would choose its own officers.
Present law requires the commission to meet at least quarterly.
This amendment would change the manner in which the commission conducts meetings as follows:
(1) Meetings would be held on Saturdays and rotate between Memphis, Nashville, Chattanooga, and Knoxville;
(2) Notice would be provided to Native American organizations that request such notice ten days before a meeting;
(3) Minutes of meetings would be published on the commission's website within 30 days of the meeting;
(4) Annual reports would be published on the website;
(5) Meeting agendas would be supplied to members in advance of meetings;
(6) The commission would operate under parliamentary procedure;
(7) Members could vote-out a member who misses two consecutive meetings without good cause;
(8) Opportunity for public comments at meetings would be required; and
(9) The commission would have a rules committee.
Present law requires the commission to report annually to the governor and the general assembly. This amendment retains language referring to the annual report but deletes the requirement that the annual report be made.
This amendment would prohibit commission members and employees from entering a lawsuit in their official capacity without the commission's approval.
The provisions of this amendment concerning changes to the commission would take effect on January 1, 2002.
This amendment would also create a Tennessee Native American convention. The convention's sole responsibility would be to submit nominees for the commission. This amendment would require the convention to meet every two years at a historic Native American site. The convention would rotate among the three grand divisions.
This amendment would require regional delegates to be elected to the convention at regional caucuses held in each grand division and the four regions from which commission members would be selected.
The provisions of this amendment relating to the convention would take effect upon becoming law.
This amendment would require all programs, staff, contracts, leases, rules, regulations and decisions of the existing commission to be transferred to the commission that this amendment would create. The commission could receive, administer, allocate, disburse and supervise any grants and funds from whatever sources.
Present law schedules the commission to terminate on June 30, 2001. This amendment would change the termination date to June 30, 2005.