New Hampshire Legislative Service Requests (LSR's)

HB 390 - AS INTRODUCED

2023 SESSION

23-0684

08/04

HOUSE BILL 390

AN ACT revising the membership and structure of the New Hampshire commission on Native American affairs.

SPONSORS: Rep. S. Gould, Merr. 8; Rep. Nagel, Belk. 6; Rep. Wolf, Merr. 7; Rep. Ebel, Merr. 7; Rep. Horrigan, Straf. 10; Sen. Ward, Dist 8; Sen. Prentiss, Dist 5; Sen. Whitley, Dist 15

COMMITTEE: Executive Departments and Administration

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ANALYSIS

This bill revises the membership and structure of the New Hampshire commission on Native American affairs.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

23-0684

08/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Three

AN ACT revising the membership and structure of the New Hampshire commission on Native American affairs.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Hampshire Commission on Native American Affairs. RSA 12-A:14-a is repealed and reenacted to read as follows:

12-A:14-a New Hampshire Commission on Native American Affairs Established.

I. In order to recognize the historic and cultural contributions of Native Americans to New Hampshire, to promote and strengthen their own heritage, and to further their needs through state policy and programs, there is hereby established the New Hampshire commission on Native American affairs.

II. The commission shall consist of the following members who derive from geographically diverse areas of the state and are representative of the diverse groups, organizations, and individuals knowledgeable about Native American history, culture, and affairs as follows:

(a) Five members who are enrolled tribal citizens who reside in New Hampshire appointed by the chiefs of 4 Vermont State Recognized Abenaki Tribes with historic and contemporary connections and populations in Vermont and New Hampshire; the Elnu Abenaki Tribe, the Koasek Band of the Koas Abenaki Nation, the Abenaki Nation Of Missisquoi and the Nulhegan Band of the Coosuk Abenaki Nation. The appointments shall be agreed upon by the chiefs. Notification of initial appointments shall be made in writing to the first appointees named under this subparagraph. Initial appointments shall be staggered for one, 2, and 3 year terms.

(b) One member who is a Native American living in the state appointed by the president of Dartmouth College, or designee, with an initial appointment for a term of 3 years.

(c) One member who is a Native American living in the state appointed by the president of the university of New Hampshire, or designee, with an initial appointment for 2 years.

(d) One member appointed by the New Hampshire Intertribal Council appointed from the Native American community at large, who is also a resident in New Hampshire, including consideration of members of non-recognized Abenaki Bands in New Hampshire, with an initial appointment 3 years.

(e) One member appointed by the Mt. Kearsarge Indian Museum appointed from the Native American community at large, who is also resident in New Hampshire, including consideration of members of non-recognized Abenaki Bands in New Hampshire, with an initial appointment for 2 years.

III. After the initial staggered appointments, commission members shall be appointed in writing to the elected chairman of the commission and each member of the commission shall serve a 3-year term, and no member shall serve more than 2 consecutive terms. A vacancy occurring other than by expiration of term shall be filled in the same manner as the original appointment was made but for the unexpired term only. Members of the commission shall serve without compensation. Chiefs and their parent, child, sibling, or spouse shall not be eligible to serve in order to avoid a conflict of interest.

IV. For voting purposes a quorum shall be 7 members.

V. The first meeting shall be called by the first member appointed in subparagraph II(a) within 45 days after the completion of the naming of the commission members. Members of the commission shall elect a chairman, secretary, and treasurer. Officers shall be elected for a one-year term but may serve an additional term. All officers of the commission shall be elected by a majority vote of the members present. Members shall in public meeting approve rules governing member conduct necessary to remain on the commission.

VI. The commission shall:

(a) Review and study local, state, and Federal issues common to Native Americans and persons of Native American descent who are residing in this state.

(b) Develop recommendations to assist state agencies with the preservation and protection of Native American artifacts and burial grounds under the Native American Graves Protection and Repatriation Act of 1990, P.L. 101-601.

(1) Securing social services, education, employment opportunities, health care, housing, cultural opportunities, and census information as available at both the state and Federal levels, including assistance in determining eligibility for the Indian Child Welfare Act of 1978, 25 U.S.C. section 1902 et seq.

(2) Establishing and/or continuing programs concerning Native American history, culture, and affairs, including those offered through the United States Department of Education, Office on Indian Education pursuant to Title VII of the Elementary and Secondary Education Act established in 1972.

(3) Promoting and strengthening the creation, display, and sale of Native American arts and crafts, and providing educational information to artisans and marketing outlets promoting the legal labeling of such products as Indian or Native American produced, as provided in 18 U.S.C. section 1159(c)(3)(B) and 25 U.S.C. section 305e(d), as well as determining eligibility for the Indian Arts and Crafts Act of 1990, P.L. 101-644, and receiving assistance and support from the Indian Arts and Crafts Board, as provided in 25 U.S.C. section 305 et seq.

VII. The commission shall meet at least 4 times a year and at any other times at the request of the chairperson or by 7 members of the commission. Notice of all meetings and minutes of such meetings shall be posted on the New Hampshire department of natural and cultural resources website. Given the geographic diversity of Native Americans living in New Hampshire, the commission may meet electronically.

VIII. The commission may accept any gifts, grants, or donations from any public or private source, provided that such gifts, grants, or donations shall be used exclusively to advance the commission's purpose and duties. Information concerning the receipt of any gifts, grants, or donations shall be posted on the department of cultural resources website.

IX. Beginning November 1, 2023, and each year thereafter, the commission shall submit an annual report of its activities, findings, and recommendations to the governor, the speaker of the house of representatives, the senate president, the commissioner of the department of natural and cultural resources, and the state library. The annual report shall be approved by a majority vote of the commission and shall be posted on the department of natural and cultural resources website.

X. The commission shall be administratively attached to the department of natural and cultural resources.

XI. Nothing in the purposes and duties of the commission shall be interpreted to provide any Native American with any other special rights or privileges that the state does not confer on or grant to other state residents. The authority to grant state tribal status or recognition under section 104 of the Indian Arts and Crafts Act of 1990, 18 U.S.C. section 1159(c)(3)(B), is reserved solely to the New Hampshire general court.

2 Effective Date. This act shall take effect 60 days after its passage.