HB 80 - Georgia Indian Affairs Commission; establish
Georgia House of Representatives - 1995/1996 Sessions
HB 80 - Georgia Indian Affairs Commission; establish
Page Numbers - 1/ 2/ 3/ 4/ 5/ 6
1. Hegstrom 66th 2. Coleman 142nd 3. Byrd 170th
4. Jamieson 22nd 5. Smith 169th
House Comm: SPCA / Senate Comm: /
House Vote: Yeas Nays Senate Vote: Yeas Nays
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House Action Senate
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1/9/95 Read 1st Time
1/10/95 Read 2nd Time
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Rules Suspended to Introduce
Code Sections amended: 45-13-42, 45-13-43, 50-12-120, 50-12-121, 50-12-122,
50-12-123, 50-12-124, 50-12-125, 50-12-126
HB 80 LC 22 1374
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend Article 3 of Chapter 13 of Title 45 of the Official
1- 2 Code of Georgia Annotated, relating to the Department of
1- 3 Archives and History, so as to remove the duties of said
1- 4 department relative to Indians; to amend Chapter 12 of Title
1- 5 50 of the Official Code of Georgia Annotated, relating to
1- 6 commissions and other agencies, so as to establish the
1- 7 Georgia Indian Affairs Commission and to provide for the
1- 8 appointment, terms, duties, vacancies, and expenses of its
1- 9 members; to provide for the purpose and administrative
1-10 assignment of the commission; to provide an effective date;
1-11 to repeal conflicting laws; and for other purposes.
1-12 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
1-13 Article 3 of Chapter 13 of Title 45 of the Official Code of
1-14 Georgia Annotated, relating to the Department of Archives
1-15 and History, is amended by striking in their entirety Code
1-16 Sections 45-13-42 and 45-13-43, which read as follows:
1-17 "45-13-42. (Index)
1-18 It shall be the duty of the department to study, consider,
1-19 accumulate, compile, assemble, and disseminate information
1-20 on any aspect of Indian affairs; to investigate relief
1-21 needs of Indians of Georgia and to provide technical
1-22 assistance in the preparation of plans for the alleviation
1-23 of such needs; to confer with appropriate officials of
1-24 local, state, and federal governments, and agencies of
1-25 these governments, and with such congressional committees
1-26 that may be concerned with Indian affairs, in order to
1-27 encourage and implement coordination of applicable
1-28 resources to meet the needs of Indians in Georgia; to
1-29 cooperate with and secure the assistance of the local,
1-30 state, and federal governments, or any agencies thereof,
1-31 in formulating any such programs and to coordinate such
1-32 programs with any programs regarding Indian affairs
1-33 adopted or planned by the federal government, to the end
-1- (Index)
LC 22 1374
2- 1 that the department secures the full benefit of such
2- 2 programs; to review all proposed or pending state
2- 3 legislation and amendments to existing state legislation
2- 4 affecting Indians in Georgia; to conduct public hearings
2- 5 on matters relating to Indian affairs; to subpoena any
2- 6 information or documents deemed necessary by the
2- 7 department; to study the existing status of recognition of
2- 8 all Indian groups, tribes, and communities presently
2- 9 existing in the state; to establish appropriate procedures
2-10 to provide for legal recognition by the state of presently
2-11 unrecognized groups and to initiate procedures for their
2-12 recognition by the federal government; to expend funds in
2-13 compliance with state regulations; to make legislative
2-14 recommendations; and to make and publish reports of
2-15 findings and recommendations.
2-16 45-13-43. (Index)
2-17 A further purpose of the department shall be to preserve
2-18 and foster the culture and heritage of Indians and Indian
2-19 descendents in this state and to be the agency to deal
2-20 with specific federal programs which are required to be
2-21 dealt with only by an Indian agency or organization. It is
2-22 not the purpose of the department to deal with programs
2-23 already administered by other agencies.",
2-24 and inserting in lieu thereof the following:
2-25 "45-13-42. (Index)
2-26 Reserved.
2-27 45-13-43. (Index)
2-28 Reserved."
SECTION 2.
2-29 Chapter 12 of Title 50 of the Official Code of Georgia
2-30 Annotated, relating to commissions and other agencies, is
2-31 amended by inserting a new article, to be designated Article
2-32 8, to read as follows:
"ARTICLE 8
2-33 50-12-120. (Index)
2-34 (a) There is created the Georgia Indian Affairs
2-35 Commission.
2-36 (b) The members of the commission shall be appointed as
2-37 follows:
-2- (Index)
LC 22 1374
3- 1 (1) The Governor shall appoint as members of the
3- 2 commission three persons from each Indian tribe which
3- 3 has been or shall be officially recognized by the State
3- 4 of Georgia, such persons to be members of the officially
3- 5 recognized tribes;
3- 6 (2) The Governor shall appoint four members who are
3- 7 Georgia residents of Indian descent, at least one of
3- 8 whom shall not be a member of a tribe officially
3- 9 recognized by the State of Georgia;
3-10 (3) The President of the Senate shall appoint two
3-11 members: one member of the Senate and one Georgia
3-12 resident of Indian descent; and
3-13 (4) The Speaker of the House of Representatives shall
3-14 appoint two members: one member of the House of
3-15 Representatives and one Georgia resident of Indian
3-16 descent.
3-17 (c) The letters of appointment for initial members of the
3-18 commission shall state the length of their terms. Except
3-19 as provided in paragraphs (1) through (4) of this
3-20 subsection, the members of the commission shall be
3-21 appointed for initial terms of four years and until their
3-22 respective successors are appointed. The following
3-23 members shall be appointed for initial terms of two years
3-24 and until their respective successors are appointed:
3-25 (1) One member from each Indian tribe officially
3-26 recognized by the State of Georgia, including one member
3-27 initially appointed for any Indian tribe officially
3-28 recognized by the State of Georgia after the effective
3-29 date of this Act;
3-30 (2) Two members appointed by the Governor in accordance
3-31 with paragraph (2) of subsection (b) of this Code
3-32 section;
3-33 (3) The Georgia resident of Indian descent appointed as
3-34 a member by the President of the Senate; and
3-35 (4) The Georgia resident of Indian descent appointed as
3-36 a member by the Speaker of the House of Representatives.
3-37 (d) After initial terms, all members shall be appointed
3-38 for terms of four years and until their respective
3-39 successors are appointed. Members are eligible for
3-40 reappointment.
-3- (Index)
LC 22 1374
4- 1 (e) Upon any member's resignation, death, disability, or
4- 2 inability to serve, the appointing authority which
4- 3 appointed such member shall appoint a person to serve for
4- 4 the unexpired term.
4- 5 (f) The members of the commission shall elect a
4- 6 chairperson from among their membership.
4- 7 (g) The members of the commission shall receive no
4- 8 compensation for their services but shall be reimbursed
4- 9 for travel and other expenses actually incurred in the
4-10 performance of their official duties.
4-11 50-12-121. (Index)
4-12 The purpose of the commission shall be to deal fairly and
4-13 effectively with Indian affairs; to assess the needs and
4-14 general welfare of Indian people in Georgia; to bring
4-15 local, state, and federal resources into focus for the
4-16 implementation and continuation of programs for Indian
4-17 citizens of Georgia; to assist Indian communities in
4-18 social and economic development; to promote recognition of
4-19 the right of Indians to pursue cultural and religious
4-20 traditions; and to establish appropriate procedures for
4-21 legal recognition of additional Indian tribes by the
4-22 state.
4-23 50-12-122. (Index)
4-24 (a) The commission shall have the following duties:
4-25 (1) To study, consider, accumulate, compile, assemble,
4-26 and disseminate information on any aspect of Indian
4-27 affairs;
4-28 (2) To investigate needs of Indian residents in Georgia
4-29 and provide technical assistance in the preparation of
4-30 plans for alleviating such needs;
4-31 (3) To confer with appropriate officials of local,
4-32 state, and federal governments in order to encourage and
4-33 implement coordination of available resources to meet
4-34 the needs of Indians in Georgia, to the end that Georgia
4-35 Indians secure the full benefits of any federal, state,
4-36 or local program planned or adopted for Indians;
4-37 (4) To seek directly and receive from the federal
4-38 government any grants, funds, or other benefits which
4-39 may be available for Indians;
-4- (Index)
LC 22 1374
5- 1 (5) To review all proposed or pending legislation
5- 2 affecting Indians in Georgia;
5- 3 (6) To conduct public hearings on matters relating to
5- 4 Indian affairs;
5- 5 (7) To serve as the agency to deal with specific federal
5- 6 programs which are required to be dealt with only by an
5- 7 Indian agency or organization;
5- 8 (8) To establish appropriate procedures for the legal
5- 9 recognition of additional Indian tribes by the state;
5-10 and
5-11 (9) To provide an annual report to the Governor and
5-12 General Assembly regarding activities of the commission
5-13 and recommendations for legislation or resources.
5-14 (b) The commission shall have no duties or
5-15 responsibilities relating to American Indian human
5-16 remains, burial sites, or burial objects.
5-17 50-12-123. (Index)
5-18 (a) The commission shall meet at the call of the
5-19 chairperson, or by a petition signed by a majority of the
5-20 commission members. Ten days' written notice shall be
5-21 given prior to the meeting date; such notice shall
5-22 describe the matters to be discussed at the meeting.
5-23 (b) A simple majority of the commission members shall
5-24 constitute a quorum for the transaction of commission
5-25 business.
5-26 (c) Proxy vote shall not be permitted.
5-27 50-12-124. (Index)
5-28 The commission is authorized to receive and hold gifts,
5-29 devises, and bequests of money, real estate, and other
5-30 things of value to be used in the support and development
5-31 of the work of the commission.
5-32 50-12-125. (Index)
5-33 The commission is authorized to hire an executive director
5-34 to serve at the pleasure of the commission as the
5-35 secretary of the commission and as chief administrator and
5-36 executive officer of the commission. The executive
5-37 director, with the approval of the commission, is
5-38 authorized to hire such other personnel as may be
5-39 necessary to carry out the provisions of this article.
-5- (Index)
LC 22 1374
6- 1 50-12-126. (Index)
6- 2 The commission is assigned to the Department of Community
6- 3 Affairs for administrative purposes only."
SECTION 3.
6- 4 This Act shall be effective only when funds are specifically
6- 5 appropriated for purposes of this Act in an Appropriations
6- 6 Act making specific reference to this Act.
SECTION 4.
6- 7 All laws and parts of laws in conflict with this Act are
6- 8 repealed.
-6- (Index)
Office of the Clerk of the House
Robert E. Rivers, Jr., Clerk of the House
Last Updated on 01/02/97