HB1269_S_Amend

SECTION 1. The Legislature of the State of Mississippi finds and declares that:

(a) During the period from 1933 to 1945, six million (6,000,000) Jews and millions of other Europeans were murdered in Nazi concentration camps as part of a carefully orchestrated program of cultural, social and political genocide known as Holocausts;

(b) Following the American Civil War and immediately following the end of Reconstruction in the 1880's until the mid 1960's the United States, experienced an ugly episode of its national history that has been neglected. During this period, characterized by white supremacist control primarily in the South and a "laissez-fair" policy in regard to the African American nationally, which resulted in disenfranchisement, social, educational and employment discrimination, African Americans were betrayed by their country and reduced to a status of quasi slavery or "second-class" citizenship. There existed a tense atmosphere of racial hatred, ignorance and fear which bred lawless massacres, mass violence, murder, and lynching which claimed the lives of thousands of African American men, women and children, including soldiers in the United States military forces, so much so that the lynching of African Americans in the South and border states became an institutionalized method used to terrorize them as a means to maintain white supremacy. According to the Tuskegee Institute of Alabama, which began to make a systematic collection and tabulation of lynching statistics in 1892, between 1882 and 1951, three thousand four hundred and thirty-seven (3,437) African Americans were lynched in the United States. The systematic perpetration of violence based on race resulting in thousands of deaths to African Americans is a "hollocaust."

(c) Prior to the arrival of Christopher Columbus, it is estimated that the areas which constituted the forty-eight (48) contiguous states of America was populated with in excess of twelve million (12,000,000) indigenous people or Native Americans. Four Centuries later the Native American population had been reduced by ninety-five percent (95%) to approximately two hundred thirty-seven thousand (237,000). After the American Revolution, the United States adopted a policy toward the native Americans known as the "conquest" theory. Based upon official policies and practices toward the native Americans and through the implementation of slavery, mass extermination, massacres, hangings en masse, roasting, hacking children into pieces, forced mass sterilization of women, intentionally contaminating them with deadly diseases, such as smallpox, violent and forceful removal and "clearing" from homelands, which resulted in military slaughter of tribal villages, placing bounties on scalps, and forced assimilation including destruction of indigenous culture, the Native American has suffered losses of millions of people. From the beginning of European control of what is now the United States there has been an unrelenting drive to commit genocide of Native Americans resulting in a "hollocaust."

(d) All people should remember horrible atrocities committed in Nazi Germany, at other times in human history as the result of bigotry and tyranny, and therefore should continually rededicate themselves to the principles of human rights and equal protection under the laws of a democratic society;

(e) It is desirable to educate our citizens about the events leading up to the Nazi Holocaust and other Holocausts and about the organizations and facilities that were created and used purposefully for the systematic destruction of human beings;

(f) Holocaust history is the proper concern of all people, particularly students enrolled in the schools, colleges and universities of the State of Mississippi;

(g) Programs, workshops, institutes, seminars, exhibits, and other teacher-training activities for the study of Holocausts have taken place during recent years at various middle schools, high schools, colleges and universities in this state; and

(h) It is desirable to create a permanent state commission, which as an organized body and on a continuous basis, will survey, design, encourage and promote implementation of Holocaust education and awareness programs in Mississippi, and will be responsible for organizing and promoting the memorialization of the Nazi Holocaust and other Holocausts on a regular basis throughout the state.

SECTION 2. (1) There is created the Mississippi Commission on Holocausts in the executive branch of state government. The commission shall be assigned to the Office of the Secretary of State for administrative purposes only.

(2) The commission shall be composed of the following members:

(a) Ex officio members as follows:

(i) The State Superintendent of Public Education or his or her designee;

(ii) Commissioner of Institutions of Higher Learning or his or her designee;

(b) Public members as follows:

(i) Seven (7) public members, at least one (1) from each of the congressional districts, to be appointed by the Governor;

(ii) Five (5) public members, at least one (1) from each of the congressional districts, to be appointed by the

Speaker of the House of Representatives; and

(iii) Five (5) public members, at least one (1) from each of the congressional districts, to be appointed by the Lieutenant Governor.

(c) The public members of the commission shall be residents of this state and shall be appointed with due regard for broad geographic representation. The public members should include, but are not be limited to, the following:

(i) Individuals who have served prominently as spokespersons for or as leaders of organizations or corporations that serve members of religious, ethnic, national heritage, or social groups that were subjected to genocide, torture, wrongful deprivation of liberty or property, officially imposed or sanctioned violence, and other forms of human rights violations and persecution at the hands of the Nazis and their collaborators during the Nazi era;

(ii) Individuals who are experienced in the field of Holocaust education;

(iii) Individuals who represent liberators of victims of Holocausts; or

(iv) Lay persons who have an interest in Holocaust education.

(d) Public members of the commission shall be appointed for the terms of five (5) years and until their respective successors are appointed and qualified. Public members may be eligible for reappointment. The office of any member of the commission who fails to attend more than two (2) consecutive meetings of the commission without an excuse approved by a resolution of the commission shall become vacant. All vacancies shall be filled by appointment in the same manner as the original appointment, and the person appointed to fill a vacancy shall serve for the remainder of the unexpired term.

(e) The commission shall have a chairperson who shall be appointed by the Governor for a term of five (5) years and until his or her successor is appointed and qualified.

(f) Seven (7) members of the commission shall constitute a quorum for the transaction of the business of the commission. Public members shall have the right to vote on any matter before the commission, but ex officio members and their designees shall not have the right to vote.

(g) The Speaker of the House of Representatives shall appoint a member of the House of Representatives and the Lieutenant Governor shall appoint a member of the Senate to serve as advisors to the commission.

(3) The Mississippi Commission on Holocausts shall adopt rules and regulations and set standards and policies for the organization, operation, management, budgeting and programs of the commission.

(a) The commission shall provide, based upon the collective knowledge and experience of its members, assistance and advice to public and private schools, colleges and universities with respect to the implementation of Holocaust education and awareness programs.

(b) The commission shall meet with appropriate education officials and other interested public and private organizations, including service organizations, for the purpose of providing information, planning, coordination, or modification of courses of study or programs dealing with the subject of Holocausts.

(c) The commission shall survey and catalogue the extent of Holocausts and genocide education presently being incorporated into the curricula and taught in the educational system of this state.

(d) The commission shall inventory those Holocaust memorials, exhibits and resources that could not be incorporated into courses of study or programs at various locations and other educational agencies for the development and implementation of Holocaust and genocide education programs. In furtherance of this responsibility, the commission may contact and cooperate with existing Holocaust and genocide public and private nonprofit resource organizations and may act as a liaison concerning Holocaust and genocide education or members of the United States Senate and House of Representatives, the Mississippi Senate and House of Representatives, the United States Holocaust Memorial Museum and other national and international Holocaust agencies.

(e) The commission shall compile a roster of individual volunteers who are willing to share their verifiable knowledge and experience in classrooms, seminars and workshops on the subject of Holocausts. The volunteers may be survivors of Holocausts, liberators of concentration camps, scholars, members of the clergy, community relations professionals, and other persons who, by virtue of their experience, education, or interest, have experience with Holocausts.

(f) The commission shall coordinate events memorializing Holocausts and seeks volunteers who are willing and able to participate in commemorative events that will enhance public awareness of the significance of Holocausts.

(g) The commission shall prepare reports for the Governor and the Legislature regarding its findings and recommendations to facilitate the inclusion of Holocaust studies and special programs memorializing Holocausts in educational systems of this state.

(h) The commission shall appoint advisory committees to advise the commission on the fulfillment of its duties.

(4) The commission may receive gifts, grants and donations from any public or private sources. Members of the commission may not be compensated for the performance of their duties except from funds that are specifically appropriated therefor by the Legislature or from gifts, grants or donations.

SECTION 3. This act shall take effect and be in force from and after July 1, 2004.