AN ACT CONCERNING A COMMISSION ON AMERICAN INDIAN AFFAIRS.

This bill replaces the Indian Affairs Council with the Commission on American Indian Affairs and transfers the council's duties to the commission. It puts the commission within the Legislative Department for administrative purposes only, and transfers related funds from the Department of Environmental Protection (DEP) and the Office of Legislative Management (OLM) to the new commission.

The 22-member commission must promote unity and understanding among the American Indian people and communities of the state, and serve as a liaison between the American Indian people and tribal governments, municipal and private sector entities, non- American Indian citizens, federal agencies, and the legislative and executive branches of state government.

*House Amendment “B” clarifies the appointment requirements and responsibilities for the fifteen voting members; transfers related funds from DEP and OLM to the new commission; adds the Tantaquidgeon Indian Museum to the list of departments, organizations, and associations the commission considers for the appointment of the seven non-voting members; and makes technical changes.

The commission consists of 15 voting members. Five represent each of the recognized American Indian nations in the state (the Schaghticoke, the Paucatuck Eastern Pequot, the Mashantucket Pequot, the Mohegan, and the Golden Hill Paugussett) and are appointed accordingly. Of the remaining ten members, six must be American Indians indigenous to the state, and four must be non-indigenous American Indian, Alaskan Native or Native Hawaiian residents of Connecticut. These ten members are appointed by state leadership. The governor, Senate president pro tempore, and House speaker each nominate two, and the majority and minority leaders of the House and Senate each nominates one.

Under the bill, the commission elects its own chairperson and vice-chairperson. It must appoint an additional seven non-voting members by majority vote from among the following: the departments of Education, Environmental Protection, Insurance, Labor, Mental Health and Addiction Services, Public Health, Social Services, Transportation, and Veterans' Affairs; the Archaeological Society of Connecticut; the Association for the Study of Connecticut History; the Connecticut Library Association; the Mashantucket Pequot Museum and Research Center; the Institute of American Indian Studies; the Tantaquidgeon Indian Museum; or from among individuals knowledgeable in areas of interest and concern to American Indians.

Under the bill, five of the initial appointments of voting members are for three-year terms, five for four-year terms, and five for five-year terms. Two of the initial appointments for non-voting members are for one-year terms, two for two-year terms, and three for three-year terms. While the bill staggers the terms for the commission members, it does not state which voting members are to be appointed for the initial three-year, four-year, and five-year terms or which nonvoting members are to be appointed for the initial one-year, two-year, or three-year terms.

After these initial terms expire, all terms are for three years. Members cannot serve for more than two consecutive terms. They are not compensated for their service but are reimbursed, within available appropriations, for expenses incurred while performing their duties. Absence from three consecutive meetings results in automatic resignation. The original appointing authority must fill vacancies among members. The environmental protection commissioner must call the initial organizational meeting by October 1, 2008.

The commission may adopt regulations, enter into contracts, and seek funds from federal, state, or other sources to carry out the bill. Within available appropriations, the commission may employ necessary staff and an executive director.

1. prepare and issue its findings and recommendations concerning American Indian affairs in Connecticut in an annual report;

2. conduct annual public hearings on issues that affect the well-being of American Indians;

3. review and comment on any proposed state legislation that would affect the American Indian population in Connecticut;

4. develop public relations programs and projects related to the cultural, educational, and social development of the state's American Indian communities, and disseminate appropriate material;

5. document American Indian influence on history and culture in the state and serve as a statewide reference and resource center to increase public knowledge about American Indian history and heritage;

6. act as a liaison between the American Indian communities, the state and federal governments, and educational and social service agencies;

7. encourage American Indian representation at all levels of state government;

8. secure appropriate recognition of the accomplishments and contributions of the American Indian population of Connecticut;

9. advocate on behalf of American Indians who have been subject to prejudice and discrimination or have experienced other human rights violations;

10. investigate reports of potential damage to sacred or significant items or places to the American Indian community;

11. make recommendations to protect and facilitate access to spiritual, social, and burial places for American Indians in the state; and

12. work with, and notify, the Chief State's Medical Examiner, the Office of State Archeology, and the American Heritage Advisory Council when American Indian remains are discovered.

The bill transfers to the new commission funding associated with (1) the Council on Indian Affairs from DEP and (2) the study of the creation of a Commission on Native Americans from OLM.

INDIAN AFFAIRS COUNCIL RESPONSIBILITIES ASSUMED BY THE NEW COMMISSION ON INDIAN AFFAIRS

In addition to the duties specified in the bill, the commission takes over the responsibilities of the Indian Affairs Council, as outlined in current law. These responsibilities include:

1. working with the state archeologist to preserve Native American remains and cemeteries;

2. representing the commission on the Native American Heritage Advisory Council;

3. consulting with the Environmental Protection commissioner to care for and manage reservation lands and buildings;

4. providing services to insure the well-being of Native Americans; and

5. consulting with the commissioner to control tribal funds and manage the state's interest in Indian affairs.

The commission also receives information from the governor, tribes, and the Department of Public Health on tribal membership, state rules governing tribes, tribal leadership procedures, and the status of Native American health.