HOUSE BILL NO. 597

INTRODUCED BY J. STOVALL

A BILL FOR AN ACT ENTITLED: "AN ACT CREATING THE MONTANA INDIAN AFFAIRS COMMISSION; PROVIDING FOR THE APPOINTMENT OF THE COMMISSION; ESTABLISHING THE POWERS AND DUTIES OF THE COMMISSION; AND PROVIDING AN EFFECTIVE DATE."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

NEW SECTION. Section 1. Legislative policy. There is a need to better achieve mutual goals through an improved relationship between the Indian and non-Indian citizens of Montana. The Montana Indian affairs commission provides a framework for Indians and non-Indians to meet and discuss mutual concerns and resolve conflicts.

NEW SECTION. Section 2. Montana Indian affairs commission -- membership -- purpose. (1) There is a Montana Indian affairs commission composed of the following members:

(a) seven representatives from Montana's Indian community; and

(b) seven representatives from the non-Indian communities on or adjacent to the seven Indian reservations.

(2) (a) The governor shall appoint one Indian member from each Indian reservation in Montana, upon the recommendation of the tribal council of each reservation.

(b) The governor shall appoint one non-Indian member from a community located on or adjacent to each Indian reservation in Montana, upon the recommendation of the county commissioners of the affected counties.

(3) The commission is attached to the governor's office for administrative purposes as provided in 2-15-121. The coordinator of Indian affairs shall serve as the administrative officer for the commission.

(4) Each member shall serve for a term of 2 years and must be compensated in accordance with the provisions of 2-15-122(5).

(5) The commission shall meet at least quarterly at a location and time agreed upon by the members. The meetings of the commission are subject to the provisions of Title 2, chapter 3, part 2. At its first meeting in each year, the commission shall elect a presiding officer and other officers as the commission considers necessary.

(6) The presiding officer may appoint subcommittees of the commission to address specific topics. The size, scope, and area of responsibility of each subcommittee must be determined by the commission. Each commission member may serve on two subcommittees.

(7) The purpose of the commission is to provide a forum for issue resolution between tribal and nontribal entities.

NEW SECTION. Section 3. Powers and duties. (1) The Montana Indian affairs commission shall:

(a) work for greater understanding and improved relationships between Indians and non-Indians;

(b) make recommendations to the legislature on legislation that will enhance the relationship between Indians and non-Indians;

(c) provide a forum in which Indians and non-Indians and state and tribal officials can come together to discuss important issues, such as jurisdiction, and resolve conflicts;

(d) investigate any aspect of state-tribal affairs and assemble and make available the information needed by tribal, state, and federal agencies to work together effectively;

(e) recommend agreements and accords between state and local agencies and the several tribal governments and assist in negotiating and monitoring agreements and accords when asked by an affected entity; and

(f) provide, for the benefit of all levels of state government, a continuing liaison between Indians and non-Indians.

(2) State and local officers and employees, upon request, shall furnish the commission with information that the commission may require in order to perform its duties.

NEW SECTION. Section 4. Notification to tribal governments. The secretary of state shall send a copy of [this act] to each tribal government located on the seven Montana reservations and to the Little Shell band of Chippewa.

NEW SECTION. Section 5. Codification instruction. (1) [Section 2] is intended to be codified as an integral part of Title 2, chapter 15, part 2, and the provisions of Title 2, chapter 15, part 2, apply to [section 2].

(2) [Sections 1 and 3] are intended to be codified as an integral part of Title 90, chapter 11, and the provisions of Title 90, chapter 11, apply to [sections 1 and 3].

NEW SECTION. Section 6. Effective date. [This act] is effective July 1, 1999.

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