Title: S.L. 2001-318
Subject: Session Law 2001-318
Category: Proposed Committee Substitute
Keywords: House Bill 897
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GENERAL ASSEMBLY OF NORTH CAROLINA	SESSION Error! Reference source not found.

North Carolina Attorney General Opinion

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2001

SESSION LAW 2001-318
HOUSE BILL 897

AN ACT TO PROVIDE FOR REPRESENTATION OF THE TRIANGLE NATIVE AMERICAN SOCIETY ON THE NORTH CAROLINA COMMISSION OF INDIAN AFFAIRS, THE NORTH CAROLINA INDIAN HOUSING AUTHORITY, AND THE BOARD OF THE NORTH CAROLINA INDIAN CULTURAL CENTER, INCORPORATED. 

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 143B‑407 reads as rewritten:
"§ 143B‑407.  North Carolina State Commission of Indian Affairs – membership; term of office; chairman; compensation.
(a)	The State Commission of Indian Affairs shall consist of two persons appointed by the General Assembly, the Secretary of Health and Human Services, the Director of the State Employment Security Commission, the Secretary of Administration, the Secretary of Environment and Natural Resources, the Commissioner of Labor or their designees and 20 representatives of the Indian community. These Indian members shall be selected by tribal or community consent from the Indian groups that are recognized by the State of North Carolina and are principally geographically located as follows: the Coharie of Sampson and Harnett Counties; the Eastern Band of Cherokees; the Haliwa Saponi of Halifax, Warren, and adjoining counties; the Lumbees of Robeson, Hoke and Scotland Counties; the Meherrin of Hertford County; the Waccamaw‑Siouan from Columbus and Bladen Counties; the Indians of Person County; and the Native Americans located in Cumberland,  Guilford, Johnston, Mecklenburg, Orange, and Wake Counties. The Coharie shall have two members; the Eastern Band of Cherokees, two; the Haliwa Saponi, two; the Lumbees, three; the Meherrin, one; the Waccamaw‑Siouan, two; the Indians of Person County, one; the Cumberland County Association for Indian People, two; the Guilford Native Americans, two; the Metrolina Native Americans,  two; the Triangle Native American Society, one. Of the two appointments made by the General Assembly, one shall be made upon the recommendation of the Speaker, and one shall be made upon recommendation of the President Pro Tempore of the Senate. Appointments by the General Assembly shall be made in accordance with G.S. 120‑121 and vacancies shall be filled in accordance with G.S. 120‑122.
(b)	Members serving by virtue of their office within State government shall serve so long as they hold that office. Members representing Indian tribes and groups shall be elected by the tribe or group concerned and shall serve for three‑year terms except that at the first election of Commission members by tribes and groups one member from each tribe or group shall be elected to a one‑year term, one member from each tribe or group to a two‑year term, and one member from the Lumbees to a three‑year term. The initial appointment from the Indians of Person County shall expire on June 30, 1999. The initial appointment from the Triangle Native American Society shall expire June 30, 2003. Thereafter, all Commission members will be elected to three‑year terms. All members shall hold their offices until their successors are appointed and qualified. Vacancies occurring on the Commission shall be filled by the tribal council or governing body concerned. Any member appointed to fill a vacancy shall be appointed for the remainder of the term of the member causing the vacancy. The Governor shall appoint a chairman of the Commission from among the Indian members of the Commission, subject to ratification by the full Commission. The initial appointments by the General Assembly shall expire on June 30, 1983. Thereafter, successors shall serve for terms of two years.
(c)	Commission members who are seated by virtue of their office within the State government shall be compensated at the rate specified in G.S. 138‑6. Commission members who are members of the General Assembly shall be compensated at the rate specified in G.S. 120‑3.1. Indian members of the commission shall be compensated at the rate specified in G.S. 138‑5."
SECTION 2.  G.S. 157‑68 reads as rewritten:
"§ 157‑68.  Commissioners of Authority.
The Authority shall consist of not less than five nor more than  16 commissioners (the number to be set by the North Carolina State Commission of Indian Affairs) who shall be appointed by the Governor, after receiving nominations from the North Carolina State Commission of Indian Affairs. For each vacancy, the Governor must appoint one person from a list of two eligible persons so nominated. Commissioners shall be selected from the major groups of North Carolina Indians that elect members to the North Carolina State Commission of Indian Affairs under G.S. 143B‑407. No person shall be barred from serving as a commissioner because he is a tenant or home buyer in an Indian housing project."
SECTION 3.  Subsection (b) of Section 2 of Chapter 41 of the 1997 Session Laws, as amended by S.L. 1998‑19, reads as rewritten:
"(b)	The Board of the North Carolina Indian Cultural Center, Inc., shall consist of  17 members, appointed as follows:
(1)	One member representing each of the following Indian groups recognized by the State of North Carolina: the Coharie of Sampson and Harnett Counties; the Eastern Band of Cherokees; the Haliwa of Halifax, Warren, and adjoining counties; the Lumbees of Robeson, Hoke, and Scotland Counties; the Meherrin of Hertford County; the Indians of Person County; and the Waccamaw‑Siouan from Columbus and Bladen Counties;
(2)	One member each from the following Indian organizations: the Cumberland County Association for Indian People, the Guilford Native Americans,  the Metrolina Native Americans, and the Triangle Native American Society;
(3)	One member representing the education community of the State;
(4)	Two members representing the business community of the State;
(5)	Two members representing the government of the State of North Carolina; and
(6)	One member representing the federal government.
Each member designated in subdivisions (1)	and (2) above shall be appointed by the North Carolina Commission of Indian Affairs from two prioritized nominations submitted by the group or organization to be represented by that member. Each member designated in subdivisions (3) through (6) above shall be appointed by the North Carolina Commission of Indian Affairs from two prioritized nominations submitted by the Board of the North Carolina Indian Cultural Center, Inc. If the nominating group or organization submits only one nomination or fails to submit nominations for any reason within 30 days after the date designated for submission by the Commission, the Commission shall appoint a member of its choice to fill the requirement. The Board of the North Carolina Indian Cultural Center, Inc., shall appoint a chair from the Board membership.
Members shall serve two‑year terms, except that the initial terms of:
(1)	The members representing the Coharie of Sampson and Harnett Counties, the Eastern Band of Cherokees, the Indians of Person County; and the Meherrin of Hertford County; the member representing the Metrolina Native Americans; the member representing the education community of the State; one member representing the government of the State of North Carolina; and one member representing the business community shall be for one year; and
(2)	The members representing the Haliwa of Halifax, Warren, and adjoining counties, the Lumbees of Robeson, Hoke, and Scotland Counties, and the Waccamaw‑Siouan from Columbus and Bladen Counties; the members representing the Cumberland County Association for Indian People and the Guilford Native Americans; one member representing the business community of the State; one member representing the government of the State of North Carolina; and one member representing the federal government shall be for two years."
SECTION 4.  In order to provide for appropriate staggering of terms, the term of the member added to the Board of the North Carolina Indian Cultural Center, Inc., pursuant to Section 3 of this act, to represent the Triangle Native American Society shall run concurrently with the terms of the members whose initial terms were for two years.
SECTION 5.  This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 19^th day of July, 2001.

	s/	 Beverly E. Perdue
	 President of the Senate

	s/	 James B. Black
	 Speaker of the House of Representatives

	s/	 Michael F. Easley
	 Governor

Approved 12:26 p.m. this 28^th day of July, 2001

Page 	Session Law 2001-318	House Bill 897

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