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From conversations with Rep. Kernell and Legislative Attorney Standbrook we know that Commissioner of Indian Affairs Teri Ellenwood (Knoxville) initiated both legislative proposals HB2415 and HB3418, and did so without the advice and consent of the other Commissioners or the statewide Indian community. Ellenwood introduced the idea that there was pending legislation at the 31 January 2004 Commission meeting. At that time only HB2415 had been "Filed for intro" on 01/22/2004. Reaction was immediate and hostile, and HB2415 died in committee (1/26/2004) without a Senate co-sponsor. In spite of the general reaction against the introduction of new legislation on behalf of the Indian community without its advice and consent, Ellenwood then induced Kernell to introduce HB3418, and Knoxville state Senator Burchett to introduce SB3350 on 02/09/2004
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From: tom kunesh {tpkunesh(a)bellsouth.net}
To: Tennessee Indian Affairs email list {tn-ind(a)highertech.net}
Cc: Mike Kernell {rep.mike.kernell(a)legislature.state.tn.us}; Fred
Standbrook {fred.standbrook(a)legislature.state.tn.us}
Sent: Friday, February 06, 2004 2:30 PM
Subject: [tn-ind] HB3418/SB3350 changes & effects
*HB3418 by *Kernell. (SB3350 by *Burchett.)
Boards and Commissions - Authorizes termination of term of member who
does not attend two consecutive meetings without good cause,
authorizes emergency meetings upon five days' notice. - Amends TCA
Title 4, Chapter 34.
an inaccurate and misleading summary.
these are the changes i see at first reading:
1. specifies that metro and Grand Division areas shall be exclusive of
each other and that commissioners must originate from their specific
areas.
2. specifies a minimum age (18) for voters in TNNAC elections.
(currently "Participation in TNNAC caucuses is open to all citizens of
Tennessee over the age of fourteen (14).")
3. a. voters must show proof of county residence.
b. voters may only vote for candidates representing the voters' own
county of residence.
4. commissioner elections shall be for commissioner positions only, not
for Advisory Council positions as currently done.
5. Social Security numbers and "other uniquely personal information"
shall not be included in commissioner-nominees' résumés.
6. allows for other Commission meetings "as need dictates".
7. allows the chairperson of the Commission to call "not more than two
(2) emergency meetings in a calendar year."
8. allows reduced notice of emergency Commission meetings to five (5)
days in advance and notice to commissioners only.
9. deletes the word "Commission" and replaces it with "board" in
reference to the use of "other rules as may be adopted by the _board_."
no other reference to "board" found in text.
10. allows the Commission to terminate "the term of any member who
misses two (2) consecutive meetings of the commission without good cause".
the effect of amendments 1 and 3 is to define a smaller constituent
area for Commissioners from the Grand Divisions and to make their
selection and representation exclusive of metro areas, thereby
disallowing Memphis-area residents to vote for West TN commissioner and
disallowing non-Memphis-area residents from voting on Memphis-area
commissioners. it also disallows any person attending a caucus or a
convention from voting for any person other than a candidate from
his/her own area. amendment 3 also eliminates the use of the biennial
convention's combined statewide delegates to review and determine the
order of precedence of specific area commissioners, guaranteeing that
the caucus's own order of precedence will stand.
the effect of amendment 2 is to raise the voting age of participants in
TNNAC caucuses and conventions.
the effect of amendment 4 is to eliminate the use of
commissioner-nominees in the Advisory Council.
the effect of amendment 5 is to open up to question the definition of
"uniquely personal information".
the effect of amendments 6, 7 and 8 is to introduce the concept of
"other" and "emergency meetings" and the chairperson's authority over
emergency meetings.
i think amendment 9 is a typo.
amendment 10 simply adds back in our original proposal (SB41/HB1617) to
be able to remove commissioners for lack of attendance.
that's all i can see at the moment.
;
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