HB3217 99TH GENERAL ASSEMBLY

LRB099 06220 JLK 26285 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3217

Introduced , by Rep. Brandon W. Phelps

SYNOPSIS AS INTRODUCED:

New Act

Creates the Vinyard Indian Settlement of Shawnee Indians Recognition Act. Provides that the State recognizes the Vinyard Indian Settlement as a tribe of Indians. Provides that the Tribe and each member shall be eligible for any services and benefits provided by the United States and State agencies to Indians that are otherwise available to State-recognized tribes. Contains provisions concerning the membership roll of the Tribe. Contains legislative findings. Defines "member" and "Tribe".

A BILL FOR

AN ACT concerning Shawnee Indians.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Vinyard Indian Settlement of Shawnee Indians Recognition Act of 2015.

Section 5. Findings. The General Assembly finds that:

(1) the Vinyard Indian Settlement of Shawnee Indians have lived in southern Illinois since time immemorial and are direct lineal descendants of Chief Sedowii's (Setteedown) Band of the Kispokofa Shawnee Indians;

(2) while many Shawnee Indians were removed to the Oklahoma Indian Territory in the 1800s, the members of the Vinyard Indian Settlement continued to live in southern Illinois as recorded in oral history and as documented, for example, in Colonel William M. Cockrum's 1907 "Pioneer History of Indiana," in which he records the Wabash and Ohio River Shawnee community areas near Shawneetown, Illinois, 1807-1811;

(3) through the present day, the Vinyard Indian Settlement continues to live as a distinct, Indian community in southern Illinois, holding cultural and community events and ceremonies, maintaining a governing body over its members, and providing assistance to its members; and

(4) the State's recognition of the Tribe will improve the economic and social opportunities of the Tribe, its members, and southern Illinois through the availability of federal programs and funding to assist with job creation, education, housing, health care, and elder care.

Section 10. Definitions. As used in this Act:

"Member" means an individual who is enrolled in the Tribe under Section 25 of this Act.

"Tribe" means the Vinyard Indian Settlement of Shawnee Indians who are direct lineal descendants of Chief Sedowii's (Setteedown) Band of the Kispokofa Shawnee Indians.

Section 15. Recognition; applicability of State and federal laws.

(a) The State recognizes the Vinyard Indian Settlement as a tribe of Indians.

(b) All State and federal laws, including rules and regulations, which would be applicable to the Tribe as a State-recognized tribe, shall apply to the Tribe and its members.

(c) This Act does not:

(1) create a right of ownership or any other right to land;

(2) create a benefit or entitlement of any kind;

(3) confer any criminal or civil jurisdictional authority to the Tribe;

(4) impair existing rights, benefits, or entitlements belonging to the Tribe, its members, or other Indians living in the State; or

(5) alter or affect any legal or equitable claim of the Tribe to enforce any right or privilege reserved by, or granted to, the Tribe that was wrongfully denied to, or taken from, the Tribe before the effective date of this Act.

(d) The authority to establish standards for membership of the Tribe is reserved by the Tribe, as described in Section 25 of this Act.

(e) An act or failure to act by the State under this Section does not create a private cause of action under State law.

(f) This Act does not confer any special rights or benefits to the Tribe to conduct gaming activities under the authority of any federal law, including the Indian Gaming Regulatory Act, 25 U.S.C. 2701, et seq. This Act does not affect or impair any rights or benefits to conduct gaming activities that are available to the Tribe or its members under State law.

Section 20. Services and benefits.

(a) Beginning on the effective date of this Act, the Tribe and each member shall be eligible for any services and benefits provided by the United States to Indians and by State agencies that are otherwise available to State-recognized tribes, without regard to:

(1) the existence of a reservation for the Tribe; or

(2) the location of the residence of any member on or near an Indian reservation.

(b) For purposes of the delivery of available services and benefits to members, the service area of the Tribe shall be considered to be the area comprised of the counties of Hardin, Pope, Saline, Gallatin, and White in this State.

Section 25. Membership roll.

(a) As a condition of receiving recognition, services, and benefits under this Act, the Tribe shall maintain a membership roll consisting of the name of each individual enrolled as a member of the Tribe.

(b) The qualifications for inclusion on the membership roll of the Tribe shall be determined in accordance with Article 11 of the bylaws of the Tribe dated January 24, 2001, or as may be amended.

(c) For purposes of the delivery of State and federal services, the tribal roll in effect on the effective date of this Act shall define the service population of the Tribe; however, the service population of the Tribe may be modified over time as members are added to or withdrawn from the membership roll in accordance with Article 11 of the bylaws of the Tribe dated January 24, 2001, or as may be amended.