Vermont H 362: An act relating to prohibition on the transfer of Vermont inmates to an out-of-state correctional facility

Bill Text

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H.362 1
Introduced by Representative Headrick of Burlington 2
Referred to Committee on 3
Date: 4
Subject: General provisions; Native American Indian People; Truth and 5
Reconciliation Commission 6
Statement of purpose of bill as introduced: This bill proposes to make changes 7
to the State recognition process of Native American tribes and to implement 8
restorative justice projects in collaboration with Odanak leadership. This bill 9
also proposes to increase transparency and reduce conflicts of interest for the 10
Truth and Reconciliation Commission. This bill also proposes to create a task 11
force to review the validity of prior recognition of State tribes and to establish 12
a legislative committee to oversee the Truth and Reconciliation Commission. 13
This bill also proposes to seek a third-party audit of the Commission’s 14
activities. 15
An act relating to State recognition of Native American tribes and the Truth 16
and Reconciliation Commission 17
It is hereby enacted by the General Assembly of the State of Vermont: 18
Sec. 1. FINDINGS 19
The General Assembly finds: 20

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(1) Deliberations of the Truth and Reconciliation Commission are not 1
subject to Vermont’s Open Meeting law, raising transparency concerns. 2
(2) The process for State-recognition of Native American Indian tribes 3
has been flawed, excluding key voices, particularly those of the Odanak 4
Abenaki. 5
(3) The State’s recognition of certain Native American Indian tribes has 6
perpetuated cultural erasure and undermined authentic Indigenous heritage. 7
(4) Effective truth and reconciliation processes prioritize transparency, 8
community inclusion, and restorative justice, as outlined in the United Nations 9
Declaration of the Rights of Indigenous People. 10
Sec. 2 1 V.S.A. § 852 is amended to read: 11
§ 852. VERMONT COMMISSION ON NATIVE AMERICAN AFFAIRS 12
ESTABLISHED; AUTHORITY 13
(a) In order to recognize the historic and cultural contributions of Native 14
Americans to Vermont, to protect and strengthen their heritage, and to address 15
their needs in State policy, programs, and actions, there is hereby established 16
the Vermont Commission on Native American Affairs (the “Commission”). 17
(b) The Commission shall be composed of nine members appointed by the 18
Governor for staggered two-year terms from a list of candidates compiled by 19
the Division for Historic Preservation. The Governor shall appoint members 20
who have been residents of Vermont for a minimum of three years and reflect 21

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a diversity of affiliations and geographic locations in Vermont. A member 1
may serve for no not more than two consecutive terms, unless there are 2
insufficient eligible candidates. No individual affiliated with or employed by a 3
group or band seeking formal State recognition as a Native American Indian 4
tribe shall serve on the Commission during the pendency of the application. 5
The Division shall compile a list of candidates from the following: 6
* * * 7
Sec. 3. 1 V.S.A. § 853 is amended to read: 8
§ 853. CRITERIA AND PROCESS FOR STATE RECOGNITION OF 9
NATIVE AMERICAN INDIAN TRIBES 10
* * * 11
(c) The recognition process shall require genealogical evidence of 12
Indigenous ancestry verified by independent experts and based upon input 13
from federally or internationally recognized Indigenous communities. In 14
addition, in order to be eligible for recognition, an applicant must file an 15
application with the Commission and demonstrate compliance with 16
subdivisions (1) through (8) of this subsection, which may be supplemented by 17
subdivision (9) of this subsection: 18
(1) A majority of the applicant’s members currently reside in a specific 19
geographic location within Vermont. 20

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(2) A substantial number of the applicant’s members are related to each 1
other by kinship and trace their ancestry to a kinship group through genealogy 2
or other methods. Genealogical documents shall be limited to include those 3
that show a descendency descendancy from identified Vermont or regional 4
native people. 5
(3) The applicant has a connection with Native American Indian tribes 6
and bands that have historically inhabited Vermont. 7
(4) The applicant has historically maintained an organizational structure 8
that exerts influence and authority over its members that is supported by 9
documentation of the structure, membership criteria, the names and residential 10
addresses of its members, and the methods by which the applicant conducts its 11
affairs. 12
(5) The applicant has an enduring community presence within the 13
boundaries of Vermont that is documented by archaeology, ethnography, 14
physical anthropology, history, folklore, or any other applicable scholarly 15
research and data. 16
(6) The a