Read 1st time February 7, 2000, and 1000 copies ordered printed.
ANNE C. WALKER, Chief Clerk
AN ACT
To amend chapter 690, RSMo, relating to the department of economic development, by adding thereto fourteen new sections relating to the Missouri commission of Indian affairs.
Section A. Chapter 690, RSMo, is amended by adding thereto fourteen new sections, to be known as sections 690.900, 690.903, 690.906, 690.909, 690.912, 690.915, 690.918, 690.921, 690.924, 690.927, 690.930, 690.933, 690.936 and 690.939, to read as follows:
690.900. 1. There is hereby created within the department of economic development the "Missouri Commission of Indian Affairs".
2. The purposes of the commission are to:
(1) Deal fairly and effectively with Indian affairs;
(2) Bring local, state and federal resources into focus for the implementation or continuation of meaningful programs for Indian citizens of the state of Missouri;
(3) Provide aid and protection for Indians as needs are demonstrated;
(4) Prevent undue hardships;
(5) Assist Indian communities in social and economic development; and
(6) Promote recognition of, and the right of Indians to pursue, cultural and religious traditions considered by them to be sacred and meaningful to Native Americans.
690.903. For purposes of sections 690.900 to 690.939, the following terms mean:
(1) "Commission", the Missouri commission of Indian affairs established in section 690.900;
(2) "Disabled person", any person determined to be in need of partial or full supervision, protection, and assistance by reason of mental illness, physical illness or injury, advanced age, developmental disability or other mental or physical incapacity;
(3) "Enrollment", being recognized as a Native American Indian by the state of Missouri;
(4) "Roll", the official list of recognized Native American individuals in Missouri.
690.906. It is the duty of the commission to:
(1) Study, consider, accumulate, compile, assemble and disseminate information on any aspect of Indian affairs;
(2) Investigate relief needs of Indians of Missouri and to provide technical assistance in the preparation of plans for the alleviation of such needs;
(3) Confer with appropriate officials of local, state and federal governments and agencies of these governments, and with such congressional committees that may be concerned with Indian affairs;
(4) Encourage and implement coordination of applicable resources to meet the needs of Indians in Missouri;
(5) Cooperate with and secure the assistance of the local, state and federal governments or any agencies thereof in formulating any such programs;
(6) Coordinate such programs with any programs regarding Indian affairs adopted or planned by the federal government to the end that the commission secure the full benefit of such programs;
(7) Review all proposed or pending state legislation and amendments to existing state legislation affecting Indians in Missouri;
(8) Conduct public hearings on matters relating to Indian affairs and to subpoena any information or documents deemed necessary by the commission;
(9) Study the existing status of recognition of all Indian groups, tribes and communities presently existing in the state of Missouri; and
(10) Establish appropriate procedures to provide for legal recognition by the state of presently unrecognized groups and to provide for official state recognition by the commission of such groups.
690.909. 1. The Missouri commission of Indian affairs shall consist of five members appointed by the governor with the advice and consent of the senate. At least three members shall be persons of not less than twenty-five percent Native American lineage.
2. Members shall serve for three-year terms, except in the first appointments the Indian members shall be appointed for terms of one, two or three years each and the nonIndian members shall be appointed for two or three years each.
3. Any member appointed to fill a vacancy of an unexpired term shall be appointed for the remainder of the term of the member causing the vacancy.
4. The governor shall appoint a chairperson of the commission, subject to ratification by the commission.
5. Commission members shall receive no compensation but shall be reimbursed for actual and necessary expenses incurred in performing their official duties on the commission.
690.912. The commission shall meet quarterly and at any such time that it deems necessary. Meetings may be called by the chairperson or by a petition signed by a majority of the members of the commission. Ten days notice shall be given in writing to such members prior to the meeting date. A simple majority of the Indian members of the commission shall be present to constitute a quorum. Proxy voting shall not be permitted.
690.915. The commission shall prepare a written annual report giving an account of its proceedings, transactions, findings and recommendations. The report shall be submitted to the governor and the general assembly. The report shall become a matter of public record and shall be maintained in the state archives. It may be furnished to such other persons or agencies as the commission may deem proper.
690.918. Fiscal record shall be kept by the director of the department of economic development and shall be subject to audit by the state auditor as provided by law. The audit report shall become a part of the annual report and shall be submitted in accordance with the regulations governing preparation and submission of the annual report.
690.921. The commission may, subject to appropriations, employ an executive director to carry out the day-to-day responsibilities and business of the commission. The executive director, subject to appropriations, may hire additional staff and consultants to assist in the discharge of the executive director's responsibilities, as determined by the commission. The executive director shall not be a member of the commission, and shall be of Indian descent.
690.924. The commission shall establish criteria and procedures to provide for legal recognition by the state of Missouri of Native American Indians presently existing in Missouri as follows:
(1) The petitioning group has been identified on a substantially continuous basis as Native American Indians throughout the history of their race;
(2) A substantial portion of the petitioning group inhabits a particular geographic area or lives in a community viewed as Native American Indian and distinct from all other populations in the geographic area, and that its members are descendants of an Indian tribe which has historically inhabited the same geographic area;
(3) The petitioning group has maintained tribal political influence or other authority over its members, or is able to demonstrate their existence as a continuous, distinct cultural entity capable of self-regulation, throughout their history until the present;
(4) A copy of the group's present governing document is provided or a statement describing in full the membership criteria and the procedures through which the group governs its affairs and members;
(5) A list of all known current members of the group and a copy of any available list of former members based on the tribe's own defined criteria, shall be submitted. The membership shall consist of individuals who have established descendency from a tribe that existed historically; and
(6) The membership of the group is composed principally of persons who are not members of any other North American Indian tribe.
690.927. The petitioning group shall:
(1) Have as its primary purpose the promotion of education, economic, or social advancement or self-sufficiency of Native American Indians, and as a secondary purpose the promotion and preservation of Native American Indian culture. The charter and bylaws of the organization shall clearly document such purposes;
(2) Be legally established, with appropriate charter, articles of incorporation, bylaws and constitution, in accordance with state laws, and copies of the documents shall be provided;
(3) The petitioning group shall provide a statement describing membership criteria and a list of all known current members, including identification of Native American Indian members, based on the group's own defined criteria of ancestry recognition. A membership ratio shall be maintained consisting of a majority of Native American Indians to nonIndian members; and
(4) Be controlled by a governing board and officers, the majority of which are Native American Indians.
690.930. 1. All applicants shall have maintained a permanent residence in Missouri for at least six months prior to their date of application.
2. Individuals may be enrolled with the state by satisfying any of the following means of documentation:
(1) The applicant has a roll number or certificate of Indian blood from a federally recognized tribe; or
(2) The applicant is a direct descendant of an individual who has previously been on the rolls of an Indian Nation that is currently functioning as an Indian Nation and that has a proven history as an Indian Nation. The applicant shall be required to provide proof of relationship to the enrolled individual.
690.933. 1. Applications for recognition shall be available on request from the Missouri commission of Indian affairs. Applications for minors and disabled individuals may be filed by the parent, next of kin, recognized guardian or other person responsible for the care of the minor or disabled person.
2. The executive director of the commission shall review all applications and supporting documentation. If the application and required documentation are complete, the executive director shall present the information to the commission for the commission to review. An applicant shall be notified in writing of the commission meeting when the application will be reviewed. The commission shall either approve or deny the application; provided that, the commission may request additional information from the applicant, if necessary. The commission shall notify each applicant in writing of the commission's decision.
690.936. 1. Nations, tribes or bands recognized pursuant to sections 690.900 to 690.939 shall notify the Missouri commission of Indian affairs of any changes in enrollment criteria and subsequent additions or deletions of members.
2. Organizations recognized pursuant to sections 690.900 to 690.939 shall submit updated membership rolls on a biennial basis for renewal of recognition certification.
3. Upon receipt of a death certificate or other evidence of death acceptable to the commission, the name of the deceased person shall be removed from the roll.
4. Any recognized individual may terminate his or her enrollment by submitting written notice to the executive director of the commission.
690.939. Any group or individual whose application for recognition has been denied may file an appeal to the
commission. The appeal shall be made in writing and must be received by the commission within thirty days of the
date on which notice of the application's denial was mailed by the commission.
Missouri House of Representatives