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Legislation Document
SPONSOR:
Rep. Harris & Sen. Paradee
Reps. Burns, Gorman, K. Johnson, Morrison, Ortega, D. Short, Snyder-Hall; Sens. Sokola, Hansen, Huxtable, Lockman, Pinkney
HOUSE OF REPRESENTATIVES
153rd GENERAL ASSEMBLY
HOUSE BILL NO. 365
AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE ESTABLISHMENT OF THE DELAWARE INDIGENOUS AFFAIRS COMMISSION.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Part IV, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
Chapter 30. DELAWARE COMMISSION ON INDIGENOUS AFFAIRS
§ 3001. Delaware Commission on Indigenous Affairs; creation and purpose.
The Delaware Commission on Indigenous Affairs (“Commission”) is created to do the following:
(1) Strengthen ties between the State of Delaware and its Indigenous population, including the Lenape and Nanticoke tribes.
(2) Strengthen communication between the State of Delaware and the sovereign nations.
(3) Improve services to the Indigenous community, including health care, mental health, social services, housing, employment, education, land acknowledgment, clean water (including bays, saltwater, and freshwater), protection of native plant species and wetlands, and protection of historic Indigenous burial sites and artifacts.
(4) Advise the Governor, members of the Governor’s cabinet, members of the General Assembly, and other policymakers about the effect of agency policies, procedures, practices, laws, and administrative rules on unique Indigenous challenges and needs.
(5) Advise the Governor, members of the Governor’s cabinet, members of the General Assembly, and other policymakers on issues unique to Indigenous people in Delaware, including issues related to Delaware bays, fresh water, salt water, invasive plants, historical artifacts, Indigenous burial sites, land acknowledgment, mental health, health care, education, social services, and housing.
(6) Establish and promote programs and events that create awareness of Lenape, Nanticoke, and other Indigenous people of Delaware, informing the community of the significant history of the First Peoples of the First State and other Indigenous people.
(7) Consult with and partner with nonprofit organizations, government agencies, and other groups or individuals to obtain research, advice, support, and other means necessary and appropriate to further the purposes of the Commission.
(8) Provide a forum through public hearings and other means for the exchange of ideas and information to improve amicable community relationships.
(9) Provide an annual report of significant Commission activities to the President Pro Tempore of the Senate and the Speaker of the House of Representatives, with copies to all members of the General Assembly, the Governor, the Director and the Librarian of the Division of Research of Legislative Council, and the Delaware Archives.
(10) Perform tasks to fill such other needs as may be determined.
§ 3002. Membership; qualifications; terms.
(a) The Commission consists of 9 members who are appointed for 3-year terms, and is comprised as follows:
(1) At least 2 members of the Lenape tribe, appointed by the Governor from a panel of candidates recommended by the Lenape tribe.
(2) At least 2 members of the Nanticoke tribe, appointed by the Governor from a panel of candidates recommended by the Nanticoke tribe.
(3) Five members who are Indigenous residents of Delaware, appointed by the Governor. These members may represent the Lenape or Nanticoke tribes, or may represent any other Indigenous people residing in Delaware.
(b) At least 1 member must specialize in or have experience in non-profit or advocacy work.
(c) The members of the Commission serve at the pleasure of the Governor.
(d) A member may serve any number of terms, but may not serve more than 2 consecutive terms.
§ 3003. Organization; quorum.
(a) A Chair of the Commission must be elected by the membership of the Commission.
(b) The Chair has the following duties:
(1) Setting a date, time, and place for the meetings of the Commission.
(2) Supervising the preparation and distribution of meeting notices, agendas, minutes, and other documents prepared by or on behalf of the Commission.
(c) If the Chair becomes vacant, the Secretary of State, or the Secretary’s designee, must fulfill the duties of the Chair contained in subsection (b) of this section until a replacement is elected by the membership of the Commission.
(d) A majority of the membership of the Commission constitutes a quorum to conduct official business.
§ 3004. Authority.
The Commission falls under the authority of the Secretary of State and shall have the powers, duties, and functions described in § 3001 of this title and other duties and functions as may be referred to it by the Governor, the Secretary of State, or the General Assembly.
§ 3005. Subcommittees; creation and purpose.
(a) The Commission may establish subcommittees to engage with other organizations in the State that share a similar mission to exchange ideas and information and provide those organizations the opportunity to serve the Commission.
(b) Any member of the Commission may nominate prospective subcommittee members and the Commission may consider the nominations and make appointments to any subcommittee by majority vote of the Commission.
§ 3006. Compensation.
The members of the Commission serve as volunteers without compensation.
SYNOPSIS
This Act establishes a Commission on Indigenous Affairs to advance and protect the interests of the Indigenous population of Delaware.