CHAPTER 31.4. NATIVE AMERICAN INDIAN AFFAIRS COMMISSION
IC 4-4-31.4
Chapter 31.4. Native American Indian Affairs Commission
IC 4-4-31.4-1
"Commission"
Sec. 1. As used in this chapter, "commission" refers to the NativeAmerican Indian affairs commission established by section 4 of thischapter.
As added by P.L.283-2003, SEC.1.
IC 4-4-31.4-2
"Department"
Sec. 2. As used in this chapter, "department" refers to thedepartment of workforce development.
As added by P.L.283-2003, SEC.1.
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"Native American Indian"
Sec. 3. As used in this chapter, "Native American Indian" meansan individual who is at least one (1) of the following:
(1) An Alaska native as defined in 43 U.S.C. 1602(b).
(2) An Indian as defined in 25 U.S.C. 450b(d).
(3) A native Hawaiian as defined in 20 U.S.C. 7912(1).
As added by P.L.283-2003, SEC.1.
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Commission established
Sec. 4. The Native American Indian affairs commission isestablished.
As added by P.L.283-2003, SEC.1.
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Members
Sec. 5. (a) The commission consists of fifteen (15) votingmembers and two (2) nonvoting members. The voting members ofthe commission consist of the following:
(1) Six (6) Native American Indians, each from a differentgeographic region of Indiana.
(2) Two (2) Native American Indians who have knowledge inNative American traditions and spiritual issues.
(3) The commissioner of the department of correction or thecommissioner's designee.
(4) The commissioner of the commission for higher educationor the commissioner's designee.
(5) The commissioner of the state department of health or thecommissioner's designee.
(6) The secretary of family and social services or the secretary'sdesignee.
(7) The director of the department of natural resources or thedirector's designee. (8) The state superintendent of public instruction or thesuperintendent's designee.
(9) The commissioner of the department of workforcedevelopment or the commissioner's designee.
(b) The nonvoting members of the commission consist of thefollowing:
(1) One (1) member of the house of representatives appointedby the speaker of the house of representatives.
(2) One (1) member of the senate appointed by the president protempore of the senate.
(c) The governor shall appoint each Native American Indianmember of the commission to a term of four (4) years, and anyvacancy occurring shall be filled by the governor for the unexpiredterm. Before appointing a Native American Indian member to thecommission, the governor shall solicit nominees from Indianaassociations that represent Native American Indians in thegeographic region from which the member will be selected. Not morethan one (1) member may represent the same tribe or NativeAmerican Indian organization or association.
(d) A member of the commission may be removed by themember's appointing authority.
As added by P.L.283-2003, SEC.1. Amended by P.L.1-2009, SEC.7.
IC 4-4-31.4-6
Vote requirement
Sec. 6. The affirmative votes of at least eight (8) members of thecommission are required for the commission to take any officialaction, including public policy recommendations and reports.
As added by P.L.283-2003, SEC.1.
IC 4-4-31.4-7
Staff; expenses; chairperson
Sec. 7. (a) The department shall provide staff and administrativesupport for the commission.
(b) Expenses incurred under this chapter shall be paid from fundsappropriated to the department.
(c) The governor shall appoint a voting member of thecommission to serve as the commission's chairperson.
As added by P.L.283-2003, SEC.1.
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Duties
Sec. 8. The commission shall study problems common to NativeAmerican Indian residents of Indiana in the areas of employment,education, civil rights, health, and housing. The commission maymake recommendations to appropriate federal, state, and localgovernmental agencies concerning the following:
(1) Health issues affecting Native American Indiancommunities, including data collection, equal access to publicassistance programs, and informing health officials of cultural
traditions relevant to health care.
(2) Cooperation and understanding between the NativeAmerican Indian communities and other communitiesthroughout Indiana.
(3) Cultural barriers to the educational system, includingbarriers to higher education and opportunities for financial aidand minority scholarships.
(4) Inaccurate information and stereotypes concerning NativeAmerican Indians, including the accuracy of educationalcurriculum.
(5) Measures to stimulate job skill training and relatedworkforce development, including initiatives to assistemployers to overcome communication and cultural differences.
(6) Programs to encourage the growth and support of NativeAmerican Indian owned businesses.
(7) Public awareness of issues affecting the Native AmericanIndian communities.
(8) Issues concerning preservation and excavation of NativeAmerican Indian historical and archeology sites, includingreburial of Native American Indians.
(9) Measures that could facilitate easier access to state and localgovernment services by Native American Indians.
As added by P.L.283-2003, SEC.1.
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Prohibited areas of study
Sec. 9. The commission may not study or make recommendationson the following issues:
(1) Negotiations between a tribe and the state or federalgovernment concerning tribal sovereignty.
(2) Gaming on tribal land.
As added by P.L.283-2003, SEC.1.