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Committee tables HB43 after state-recognized tribe warns address change would cut off services
Summary
Lawmakers tabled HB43 after extended testimony from members of the Georgia Tribe of Eastern Cherokee and others who said changing the codified mailing address in statute would effectively terminate their recognition and jeopardize access to federal programs; the Council on American Indian Concerns disputed that account and cited sworn records.
The State Planning & Community Affairs committee on Tuesday tabled HB43, a bill that would update legislative codification for state-recognized American Indian tribes and their mailing addresses, after extended testimony from tribal representatives who warned the change would have severe practical consequences.
Representative Lim, the bill sponsor, said he reintroduced HB43 (LC442156) to ensure each state-recognized tribe has a guaranteed seat on the Council on American Indian Concerns and to update address information for three state-recognized tribes. "This bill attempts to ensure that in a quite literal sense, they can be found," Lim said, stressing the measure’s goal of improving tribes’ visibility and access to state resources.
But Richard Botts, who identified himself as "chairman for the Georgia Tribe of Eastern Cherokee," told the committee that altering the tribe's codified address would amount to termination. "If you change our address, it's effectively terminating us," Botts said, adding that his group would lose access to USDA programs, grants, and other benefits if listed contact information were reassigned without the tribe's consent.
Other witnesses including Wallace Seabolt and Johnny Chattin echoed Botts’ concerns and offered documentation they said shows the tribe’s longstanding use of PO Box 1993. Seabolt asserted the Council on American Indian Concerns hired an expert whose representations were false and offered a thumb drive of records he said the committee could review.
Donald Kirkland, vice chair of the Georgia Council on American Indian Concerns, told the committee the council's role is advisory and that recognition is ultimately a legislative act. He said the council's study, and sworn testimony included in that study, indicate the contested PO box did not exist in 1993 and that the council had previously recommended recognition in other cases. "We have sworn testimony from the postmaster stating that the PO box in question here did not exist in 1993 when this was put into law," Kirkland said.
After questions from multiple members about which group controls the listed mailboxes and requests to verify postal records, Representative McLean moved to table HB43 so sponsors could return with amended language or separate legislation to add an additional tribe. The motion was seconded and the chair declared the ayes carried. The committee asked sponsors and the council to reconvene with documentation and proposed amendments before further consideration.
Next steps: the sponsor was asked to work with the council and affected parties to prepare an amendment or a separate bill to address name and address issues; the committee did not take a final vote on recognition or codification during this session.
