HOUSE BILL 343
53rd legislature - STATE OF NEW MEXICO - first session, 2017
INTRODUCED BY
Georgene Louis
AN ACT
RELATING TO THE FORT SILL APACHE TRIBE; ADDING A REPRESENTATIVE OF THE FORT SILL APACHE TRIBE TO THE NATIVE AMERICAN SUICIDE PREVENTION ADVISORY COUNCIL; ADDING A REPRESENTATIVE OF THE FORT SILL APACHE TRIBE TO THE INDIAN EDUCATION ADVISORY COUNCIL; ALLOWING THE STATE TO ENTER INTO COOPERATIVE AGREEMENTS WITH THE FORT SILL APACHE TRIBE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 9-7-11.5 NMSA 1978 (being Laws 2013, Chapter 7, Section 1) is amended to read:
"9-7-11.5. NATIVE AMERICAN SUICIDE PREVENTION ADVISORY COUNCIL--CREATED--TERMS--QUORUM--MEETINGS.--
A. There is created a "Native American suicide prevention advisory council". The council shall consist of [eleven] twelve voting members and shall assist in developing policies, rules and priorities for the New Mexico clearinghouse for Native American suicide prevention.
B. The members of the Native American suicide prevention advisory council shall be appointed as follows:
(1) one member representing the eight northern Indian pueblos appointed by the chair of the eight northern Indian pueblos council, incorporated;
(2) one member representing both the Pueblo of Laguna and the Pueblo of Zuni appointed by the chair of the all Indian pueblo council;
(3) one member representing the all Indian pueblo council appointed by the chair of the all Indian pueblo council;
(4) one member representing the southern pueblos appointed by the chair of the ten southern Indian pueblos council;
(5) one member representing the eastern Navajo Nation appointed by the president of the Navajo Nation;
(6) one member representing the western Navajo Nation appointed by the president of the Navajo Nation;
(7) one member representing the Mescalero Apache Tribe appointed by the president of the Mescalero Apache Tribe;
(8) one member representing the Jicarilla Apache Nation appointed by the president of the Jicarilla Apache Nation;
(9) one member representing the Fort Sill Apache Tribe appointed by the chair of the Fort Sill Apache Tribe;
[(9)] (10) one member representing the urban Native American population appointed by the president of the national Indian youth council, incorporated; and
[(10)] (11) two members appointed by the chancellor for health sciences of the university of New Mexico, one member being a member of a federally recognized Indian nation, tribe or pueblo.
C. The council shall elect from among its members a chair, vice chair, secretary and treasurer.
D. The members of the Native American suicide prevention advisory council shall be appointed for overlapping terms of six years each. No more than [six] seven of the members shall belong to the same political party. The members first appointed to the council shall determine by lot from among their group four members to serve two-year terms, four members to serve four-year terms and three members to serve six-year terms. If a position on the council becomes vacant for any reason, the successor shall be selected by the original appointing authority in the same manner as the original appointment was made and shall serve for the remainder of the term vacated.
E. A majority of council members shall constitute a quorum to take action as the council. No act of the council is valid unless concurred to by a majority of its members present at a meeting at which a quorum exists.
F. The Native American suicide prevention advisory council shall meet at the call of the chair or at a time requested in a written request to the chair by four members, but not less than twice each calendar year."
SECTION 2. A new section of the Taxation and Revenue Department Act, Section 9-11-12.3 NMSA 1978, is enacted to read:
"9-11-12.3. [NEW MATERIAL] COOPERATIVE AGREEMENTS WITH FORT SILL APACHE TRIBE.--
A. The secretary may enter into cooperative agreements with the Fort Sill Apache Tribe for the exchange of information and the reciprocal, joint or common enforcement, administration, collection, remittance and audit of tax revenues of the party jurisdictions.
B. Money collected by the department on behalf of the Fort Sill Apache Tribe in accordance with an agreement entered into pursuant to this section is not money of this state and shall be collected and disbursed in accordance with the terms of the agreement, notwithstanding any other provision of law.
C. The secretary is empowered to promulgate such rules and to establish such procedures as the secretary deems appropriate for the collection and disbursement of funds due the Fort Sill Apache Tribe and for the receipt of money collected by the Fort Sill Apache Tribe for the account of this state under the terms of a cooperative agreement entered into under the authority of this section, including procedures for identification of taxpayers or transactions that are subject only to the taxing authority of the Fort Sill Apache Tribe, taxpayers or transactions that are subject only to the taxing authority of this state and taxpayers or transactions that are subject to the taxing authority of both party jurisdictions.
D. Nothing in an agreement entered into pursuant to this section shall be construed as authorizing this state or the Fort Sill Apache Tribe to tax persons or transactions that federal law prohibits that government from taxing, or as authorizing a state or tribal court to assert jurisdiction over persons who are not otherwise subject to that court's jurisdiction or as affecting any issue of the respective civil or criminal jurisdictions of this state or the Fort Sill Apache Tribe. Nothing in an agreement entered into pursuant to this section shall be construed as an assertion or an admission by either this state or the Fort Sill Apache Tribe that the taxes of one have precedence over the taxes of the other when the person or transaction is subject to the taxing authority of both governments. An agreement entered into pursuant to this section shall be construed solely as an agreement between the two party governments and shall not alter or affect the government-to-government relations between this state and any other Indian nation, tribe or pueblo."
SECTION 3. Section 22-23A-6 NMSA 1978 (being Laws 2003, Chapter 151, Section 6, as amended by Laws 2007, Chapter 295, Section 5 and by Laws 2007, Chapter 296, Section 5) is amended to read:
"22-23A-6. ADVISORY COUNCIL.--
A. The "Indian education advisory council" is created and shall advise the secretary and assistant secretary on implementation of the provisions of the Indian Education Act. The council consists of [sixteen] seventeen members as follows:
(1) four representatives from the Navajo Nation;
(2) [two] three representatives, one from the Fort Sill Apache Tribe, one from the Mescalero Apache Tribe and one from the Jicarilla Apache Nation;
(3) four representatives, two from the southern pueblos and two from the northern pueblos;
(4) three urban Indians representing urban areas, including Albuquerque, Gallup and Farmington; and
(5) three at-large representatives, one from the federal bureau of Indian affairs, one from a head start organization and one from the general public, at least one of whom shall be nontribal, but all of whom shall have knowledge of and involvement in the education of tribal students.
B. Members shall be appointed by the secretary with input from New Mexico tribes and organizations involved in the education of tribal students for staggered terms. [so that the terms of the at-large members and of one-half of each of the tribal representatives end on December 31, 2009 and the terms of the remaining members end on December 31, 2011. Thereafter] Appointments shall be for terms of four years. [The terms of existing members shall expire on the effective date of this 2007 act.]
C. A majority of the members of the Indian education advisory council constitutes a quorum. The advisory council shall elect a chair from its membership.
D. On a semiannual basis, representatives from all New Mexico tribes, members of the commission, the office of the governor, the Indian affairs department, the legislature, the secretary, the assistant secretary and the Indian education advisory council shall meet to assist in evaluating, consolidating and coordinating all activities relating to the education of tribal students.
E. Members of the Indian education advisory council may receive per diem and mileage as provided for nonsalaried public officers in the Per Diem and Mileage Act."
SECTION 4. TEMPORARY PROVISION.--The members first appointed to the Native American suicide prevention advisory council and to the Indian education advisory council to represent the Fort Sill Apache Tribe shall be appointed no later than January 1, 2018 and shall serve a four-year term.
SECTION 5. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2017.
- 8 -