the original 1982 proposal


the original 1983 legislation that started the
Tennessee Commission of Indian Affairs
and 1984 amendment

1983
Public Chapter No. 425

House Bill No. 959

By Covington

Substituted for: Senate Bill No. 474

By Moore, Williams

An Act to create the Tennessee Commission of Indian Affairs.

Be it enacted by the General Assembly of the State of Tennessee:

Section 1. There is hereby created and established the Tennessee Commission of Indian Affairs. The commission shall be administered under the direction and supervision of the Department of Human Services.

Section 2. The purposes of the commission shall be

  1. to deal fairly and effectively with Indian affairs;
  2. to bring local state and federal resources into focus for the implementation of continuation of meaningful programs for Indian citizens of the state of Tennessee;
  3. to provide aid and protection for Indians as needs are demonstrated;
  4. to prevent undue hardships;
  5. to assist Indian communities in social and economic development; and,
  6. to 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.
Section 3. It shall be the duty of the commission
  1. to study, consider, accumulate, compile, assemble and disseminate information on any aspect of Indian affairs;
  2. to investigate relief needs of Indians of Tennessee and to provide technical assistance in the preparation of plans for the alleviation of such needs;
  3. to 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. to encourage and implement coordination of applicable resources to meet the needs of Indians in Tennessee;
  5. to cooperate with and secure the assistance of the local, state and federal governments of any agencies thereof in formulating any such programs, and to coordinate such programs with any programs regarding Indian affairs adopted or planned by the federal government and the end that the Tennessee Commission of Indian Affairs secure the full benefit of such programs;
  6. to review all proposed or pending state legislation and amendments to existing state legislation affecting Indians in Tennessee;
  7. to conduct public hearings on matters relating to Indians affairs and to subpoena any information or documents deemed necessary by the commission;
  8. to study the existing status of recognition of all Indian groups, tribes and communities presently existing in the state of Tennessee;
  9. to 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.
Section 4.
(a) The Tennessee Commission of Indian Affairs shall consist of two (2) non-Indian members appointed by the Governor and three (3) Indian members selected by tribal or community consent from the Indian groups that are in the state of Tennessee.
(b) Members appointed by the Governor shall serve for three (3) year terms, except in the first appointments, one (1) member shall be appointed for a one (1) year term and the other for a three (3) year term. Members representing Indian tribes and groups shall be elected by Indian residents of Tennessee and shall serve for three (3) year terms, except at the first election of Indian members, one (1) shall be elected for a one (1) year term, one (1) for a two (2) year term, and one (1) for a three (3) year term. Thereafter, all commissioners will be appointed or elected to three (3) 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, or by the Governor with non-Indian members.
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, subject to ratification by the full commission.
(c) Commission members shall be compensated in accordance with the comprehensive state travel regulations as promulgated by the Commissioner of the Department of Finance and Administration and approved by the Attorney General.

Section 5.
(a) The commission shall meet quarterly, and at any such time that it shall deem necessary. Meetings may be called by the chairman or by a petition signed by a majority of the members of the commission. Ten (10) days notice shall be given in writing to such members prior to the meeting date.
(b) A simple majority of the Indian members of the commission must be present to constitute a quorum.
(c) Proxy voting will not be permitted.

Section 6. The commission shall prepare a written annual report giving an account of its proceedings, transactions, findings, and recommendations. This report will become a matter of public record and will be maintained in the State Archives. It may also be furnished to such other persons or agencies as the commission may deem proper.

Section 7. Fiscal records shall be kept by the Commissioner of Human Services and will be subject to audit as authorized by Tennessee Code Annotated, Section 8-4-109 or licensed public accountant. The audit report will become a part of the annual report and will be submitted in accordance with the regulations governing preparation and submission of the annual report.

Section 8. The commission may, subject to legislative or other funds that would accrue to the commission, employ an executive director to carry out the day-to-day responsibilities and business of the commission. The executive director, also subject to legislative or other funds that would accrue to the commission, may hire additional staff and consultants to assist in the discharge of his responsibilities, as determined by the commission. The executive director shall not be a member of the commission, and shall be of Indian descent.

Section 9. The Tennessee Code Commission is requested to codify Sections 1 trough 8 of the Act as a new chapter in Title 4 of the Tennessee Code Annotated.

Section 10. This act shall take effect July 1, 1983, the public welfare requiring it.

Passed: May 12, 1983




[signed] Ned R. McWherter, Speaker of the House of Representatives

[signed] John Wilder, Speaker of the Senate

Approved this 26th day of May, 1983

[signed] Lamar Alexander, Governor


1984

Public Chapter No. 825

House Bill No. 2192

By Yelton

Substituted for: Senate Bill No. 1923

By Moore

An Act relative to the selection of members of the Tennessee Commission of Indian Affairs; and to amend TCA, Section 4-34-104.

Be it enacted by the General Assembly of the State of Tennessee:

Section 1. Tennessee Code Annotated, Section 4-3-104 is amended by deleting subsections (a) and (b) in their entirety

[ (a) The Tennessee Commission of Indian Affairs shall consist of two (2) non-Indian members appointed by the Governor and three (3) Indian members selected by tribal or community consent from the Indian groups that are in the state of Tennessee.
(b) Members appointed by the Governor shall serve for three (3) year terms, except in the first appointments, one (1) member shall be appointed for a one (1) year term and the other for a three (3) year term. Members representing Indian tribes and groups shall be elected by Indian residents of Tennessee and shall serve for three (3) year terms, except at the first election of Indian members, one (1) shall be elected for a one (1) year term, one (1) for a two (2) year term, and one (1) for a three (3) year term. Thereafter, all commissioners will be appointed or elected to three (3) 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, or by the Governor with non-Indian members.
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, subject to ratification by the full commission.
]

and substituting the following language:

(a) The Tennessee Commission of Indian Affairs shall consist of five (5) members appointed by the Governor at least three (3) of whom shall be persons of not less that twenty-five percent (25%) Native American lineage.

(b) Member shall serve for three year terms, except in the first appointments the Indian members shall be appointed for terms of one (1), two (2), or three (3) years each. 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, subject to ratification by the full commission.

Section 2. This act shall take effect upon becoming a law, the public welfare requiring it.

House Bill No. 2192

Passed: May 8, 1984




[signed] Ned R. McWherter, Speaker of the House of Representatives

[signed] John Wilder, Speaker of the Senate

Approved this 25th day of May, 1984

[signed] Lamar Alexander, Governor


Initially the TN Indian Commission was placed in the state Department of Human Services.

First TN Indian Commission Meeting: Nashville, September 8, 1984
under the state Department of Human Services

First TN Indian Commissioners:

  • Chairman-designate Patsy M. Thompson of Ripley (Indian) (-1985)
  • Vice Chairman Harley A. Grant of Chattanooga (Indian) (-1998)
  • Charles C. Hill of Clarksville (Indian) (-1986)
  • Rex J. Evans of Nashville (-1985)
  • Joseph H. Stauss of Knoxville (-1986)

Later TN Indian Commissioners:

  • Ruth Allen of Memphis (Secretary) (1985-90)
  • Mark Finchum of Jefferson City (1986-88)
  • Eugene Puett (1986-88)
  • Don Yahola of Lebanon (1987-89)
  • John Martin of Knoxville (1988-99)
  • Bill Robinson (1989-90)
  • Ray Emanuel of Nashville (1989-?)
  • Mary Solomon of Memphis (1990-?)
  • Ron Golden (1991)
  • Margie Hunter (1991-?)

  • Becky M. Yahola of Lebanon (1994-97)
  • Cubert Bell Jr of Burns (1995-2001)
  • Clayton Prest of Cunningham (Chairman pro tem) (1995-2001)
  • Judy M. Reynolds of Memphis (1996-99)
  • Eddie Nickens of Ashland City (1997-2000)
  • Doug Cook of Englewood (1998)
  • Carolyn Hughes of Evensville (1999-2000)

Staff:

  • Luvenia H. Butler (assigned by Dept. of Conservation), Director pro tem (August 1987 - August 1998)
  • Toye Heape (elected by Commission), Executive Director (8 August 1998 - 6 July 2001)