State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_143B > GS_143B-407

§ 143B‑407.  NorthCarolina State Commission of Indian Affairs – membership; term of office;chairman; compensation.

(a)        The StateCommission of Indian Affairs shall consist of two persons appointed by theGeneral Assembly, the Secretary of Health and Human Services, the Director ofthe State Employment Security Commission, the Secretary of Administration, theSecretary of Environment and Natural Resources, the Commissioner of Labor ortheir designees and 21 representatives of the Indian community. These Indianmembers shall be selected by tribal or community consent from the Indian groupsthat are recognized by the State of North Carolina and are principallygeographically located as follows: the Coharie of Sampson and Harnett Counties;the Eastern Band of Cherokees; the Haliwa Saponi of Halifax, Warren, andadjoining counties; the Lumbees of Robeson, Hoke and Scotland Counties; theMeherrin of Hertford County; the Waccamaw‑Siouan from Columbus and BladenCounties; the Sappony; the Occaneechi Band of the Saponi Nation of Alamance andOrange Counties, and the Native Americans located in Cumberland, Guilford,Johnston, Mecklenburg, Orange, and Wake Counties. The Coharie shall have twomembers; the Eastern Band of Cherokees, two; the Haliwa Saponi, two; the Lumbees,three; the Meherrin, one; the Waccamaw‑Siouan, two; the Sappony, one; theCumberland County Association for Indian People, two; the Guilford NativeAmericans, two; the Metrolina Native Americans, two; the Occaneechi Band of theSaponi Nation, one, the Triangle Native American Society, one. Of the twoappointments made by the General Assembly, one shall be made upon therecommendation of the Speaker, and one shall be made upon recommendation of thePresident Pro Tempore of the Senate. Appointments by the General Assembly shallbe made in accordance with G.S. 120‑121 and vacancies shall be filled inaccordance with G.S. 120‑122.

(b)        Members serving byvirtue of their office within State government shall serve so long as they holdthat office. Members representing Indian tribes and groups shall be elected bythe tribe or group concerned and shall serve for three‑year terms exceptthat at the first election of Commission members by tribes and groups onemember from each tribe or group shall be elected to a one‑year term, onemember from each tribe or group to a two‑year term, and one member fromthe Lumbees to a three‑year term. The initial appointment from theIndians of Person County shall expire on June 30, 1999. The initial appointmentfrom the Triangle Native American Society shall expire June 30, 2003. Theinitial appointment of the Occaneechi Band of the Saponi Nation shall expireJune 30, 2005. Thereafter, all Commission members will be elected to three‑yearterms. All members shall hold their offices until their successors areappointed and qualified. Vacancies occurring on the Commission shall be filledby the tribal council or governing body concerned. Any member appointed to filla vacancy shall be appointed for the remainder of the term of the membercausing the vacancy. The Governor shall appoint a chairman of the Commissionfrom among the Indian members of the Commission, subject to ratification by thefull Commission. The initial appointments by the General Assembly shall expireon June 30, 1983. Thereafter, successors shall serve for terms of two years.

In the event that a vacancyoccurs among the membership representing Indian tribes and groups and thevacancy temporarily cannot be filled by the tribe or group for any reason, theCommission membership may designate a tribal or group member to serve on theCommission on an interim basis until the tribe or group is able to select apermanent member to fill the vacancy. The service of the interim member shallterminate immediately upon appointment by the tribe or group of a member tofill the vacancy in its membership.

(c)        Commission memberswho are seated by virtue of their office within the State government shall becompensated at the rate specified in G.S. 138‑6. Commission members whoare members of the General Assembly shall be compensated at the rate specifiedin G.S. 120‑3.1. Indian members of the commission shall be compensated atthe rate specified in G.S. 138‑5.  (1977, c. 771, s. 4; c. 849, s. 1; 1977, 2nd Sess.,c. 1189; 1981, c. 47, s. 5; 1981 (Reg. Sess., 1982), c. 1191, ss. 74, 76; 1989,c. 727, s. 218(149); 1991, c. 467, s. 1; 1995, c. 490, s. 27; 1997‑147,s. 2; 1997‑293, s. 2; 1997‑443, ss. 11A.118(a), 11A.119(a); 2001‑318,s. 1; 2002‑126, s. 19.1A(a); 2003‑87, s. 2; 2009‑39, s. 1.)