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ARIZONA STATE SENATE

Phoenix, Arizona

 

FACT SHEET FOR S.B. 1342

 

Navajo nation; study committee

 

Purpose

 

            Establishes the Joint Legislative Study Committee on the Relationship Between the State and the Navajo Nation (RSNN Committee).  Provides membership and duties.

 

Background

 

            The RSSN Committee is required to consider the relationship between the state and the Navajo Nation and the legal and historical ramifications of this relationship, to compile a list of state services and higher education courses provided to tribal residents and to evaluate the implications of making the Navajo Nation a separate county.  Under state law, counties may be formed or divided either by legislative enactment, by statewide initiative or by county initiative.  Following several steps in this process, the proposition to form a county must be approved by a majority of the votes cast in each proposed new county.

 

Potential fiscal impacts of this legislation could arise from the use of legislative staff in the operations of the RSNN Committee.

 

Provisions

 

1.      Establishes the RSNN Committee.

 

2.      Provides for the following membership:

 

            a.  four members of the House of Representatives, appointed by the Speaker of the

                 House, no more than two of whom represent the same political party and each of                       whom represent a district containing an Indian nation or tribe.

b.      four members of the Senate, appointed by the President of the Senate, no more than             two of whom represent the same political party and each of  whom represent a        district containing an Indian nation or tribe.

c.       one member of the Commission of Indian Affairs appointed by the Governor.

d.      one member representing Indian tribes appointed by the Speaker of the House of Representatives.

e.    one member representing Indian tribes appointed by the President of the Senate.

 

3.      Requires the President of the Senate and the Speaker of the House of Representatives to each appoint a co-chairperson of the committee.

 

 

 

4.      Requires the committee to:

 

a.       review the history of the formation of the Navajo Nation including the Navajo Nation status at the time of statehood.

b.      review legal implications of the citizen status of Navajo Nation members and of the Navajo Nation’s sovereignty, including state and county taxation.

c.       focus on the problems arising from differences in law and policy between the state,  counties and the Navajo Nation.

d.      compile a list of state programs that provide services to tribal residents. Specifies services provided by the Arizona Department of Health Services (DHS), the Department of Transportation (ADOT), Department of Education (ADE) and the Arizona Health Care Cost Containment System (AHCCCS).

e.       study the manner in which DHS, ADOT, ADE and AHCCCS coordinate with tribal governments in administering state programs.

f.        determine which universities and community college districts provide courses on reservations and how the university or community college gains tribal approval for those classes.

g.       evaluate the implications of making the Navajo Nation a separate county.

h.       requires the committee to make recommendations on:

1.      statutory changes and administrative procedures that should be changed or adopted to enhance coordination between state, county and tribal governments          in order to improve services to reservation residents.

2.      methods to increase partnership efforts and to improve the relationship between state, county, and tribal governments.

            i.      submit a written report of its findings and recommendations to the Legislature, the                      Governor, the Secretary of State and the Director of the Arizona State Library,                                Archives and Public Records by December 15, 2002.

 

5.      Allows the RSNN Committee to use the services of legislative staff.

 

6.      Repeals the RSNN Committee from and after December 21, 2002.

 

7.      Provides for a general effective date.

 

 

Prepared by Senate Staff

February 1, 2001