HLS 12RS-869 REENGROSSED Page 1 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Regular Session, 2012 HOUSE BILL NO. 936 BY REPRESENTATIVE DANAHAY MILITARY AFFAIRS: Creates the La. Military Advisory Council AN ACT1 To enact R.S. 36:109(V) and Subpart B of Part I of Chapter 1 of Title 29 of the Louisiana2 Revised Statutes of 1950, to be comprised of R.S. 29:61 through 68, relative to3 military forces; to create the Louisiana Military Advisory Council within the4 Department of Economic Development; to provide for the membership of the council5 and its officers; to provide for terms of office for the members of the council; to6 provide relative to compensation and expenses for council members; to provide the7 powers and duties of the council; to require the establishment of working groups; and8 to provide for related matters.9 Be it enacted by the Legislature of Louisiana:10 Section 1. R.S. 36:109(V) is hereby enacted to read as follows:11 §109. Transfer of boards, commissions, departments, and agencies to Department12 of Economic Development13 * * *14 V. The Louisiana Military Advisory Council (R.S. 29:61 et seq.) is placed15 within the Department of Economic Development and shall perform and exercise16 their powers, duties, functions, and responsibilities as provided by law.17 Section 2. Subpart B of Part I of Chapter 1 of Title 29 of the Louisiana Revised18 Statutes of 1950, comprised of R.S. 29:61 through 68, is hereby enacted to read as follows:19 HLS 12RS-869 REENGROSSED HB NO. 936 Page 2 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. SUBPART B. LOUISIANA MILITARY ADVISORY COUNCIL1 §61. Name; creation2 The Louisiana Military Advisory Council is hereby established within the3 Louisiana Department of Economic Development.4 §62. Membership; officers, and terms of office5 A. The council shall be composed of twenty-five members.6 (1) Six members of the council shall be comprised as follows:7 (a) The governor of Louisiana, or his designee.8 (b) The adjutant general of Louisiana, or his designee.9 (c) The president of the Louisiana State Senate, or a state senator designated10 by the president.11 (d) The speaker of the Louisiana House of Representatives, or a state12 representative designated by the speaker.13 (e) The secretary of the Department of Economic Development, or his14 designee.15 (f) The secretary of the Department of Veterans Affairs, or his designee.16 (2) The governor shall appoint nineteen members in accordance with the17 following provisions:18 (a) The chair of the Louisiana Employer Support of the Guard and Reserve.19 (b) The president of Barksdale Forward, or an advocate for Barksdale Air20 Force Base.21 (c) The president of Fort Polk Progress, or an advocate for Fort Polk22 Progress.23 (d) The president of Callendar Commitment, or an advocate for the Naval24 Air Station Joint Reserve Base in Belle Chasse, Louisiana, and constituent units.25 (e) The chair of the New Orleans Mayor's Military Advisory Council, or an26 advocate for the Marine Corps Support Facility located in New Orleans, Louisiana,27 or for the United States Coast Guard Eighth District, or for the United States Army28 Corps of Engineers.29 HLS 12RS-869 REENGROSSED HB NO. 936 Page 3 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (f) Five members shall be appointed from retired flag, general or O-61 officers, or a command sergeant major representing each of the armed services,2 national guard, and the reserves.3 (3) Nine members shall be appointed at-large and shall be representative of4 national defense and homeland security businesses with operations in Louisiana,5 elected officials of an installation community, or president of a regional economic6 development organization.7 B.(1) The five retired military personnel members appointed by the governor8 shall serve staggered terms so that two appointments shall expire at two years, one9 appointment shall expire at three years, and two appointments shall expire at four10 years, from the dates of initial appointment.11 (2) The nine at-large members appointed by the governor shall serve12 staggered terms so that three appointments shall expire at two years, three13 appointments shall expire at three years, and three shall expire at four years, from the14 dates of initial appointment.15 C. A vacancy on the council shall be filled in the same manner as the16 original appointment.17 D. The governor shall appoint the chair and vice chair of the council from18 its membership. All other officers as deemed necessary by the council shall be19 elected from its membership.20 E. There shall be an executive director, appointed by the governor, who shall21 provide administrative and staff support for the council. The executive director shall22 have authority to contract for services, expend funds, and operate the normal23 business activities of the commission.24 §63. Meetings; quorum25 The council shall meet biannually and at any other time that the chair may26 deem necessary to call a meeting of the council.27 HLS 12RS-869 REENGROSSED HB NO. 936 Page 4 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. §64. Compensation1 A. Council members and military liaisons shall not receive additional2 compensation or a per diem from the office of the governor for serving on the board.3 B. Council members who are employees or elected public officials of the4 state of Louisiana or a political subdivision of the state of Louisiana may seek5 reimbursement of travel expenses from their employing department, agency, office,6 or elected office, in accordance with office of state purchasing travel guide PPM 49.7 C. Any member of the council who is also a member of the Louisiana8 Legislature may seek per diem from the Senate or House of Representatives, as9 appropriate, for their attendance at board meetings or services rendered on behalf of10 the board.11 §65. Duties and powers12 A. The duties and objectives of the members of the council shall include but13 are not limited to the following:14 (1) Provide a public forum for issues concerning the installations and units15 of the armed forces located in Louisiana and the military and retired military16 personnel and their families who reside in Louisiana.17 (2) Formulate goals and objectives to enhance cooperation, coordination,18 communication, and understanding among the military, United States Department19 of Defense, the Louisiana congressional delegation, the communities in the state20 interfacing with the military, and state and local government agencies.21 (3) Study and determine the means to increase and strengthen the state's22 support to the armed forces of the United States located within the state.23 (4) Review and disseminate information about proposed legislation related24 to and directly impacting the military communities within the state.25 (5) Propose and sponsor activities, legislation, initiatives, programs, or26 projects which support and enhance the military's activities within the state or which27 enhance or improve the quality of life for the military communities.28 HLS 12RS-869 REENGROSSED HB NO. 936 Page 5 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (6) Collect information about and become familiar with the concerns and1 activities of local communities in enhancing and supporting their respective military2 bases.3 (7) Conduct an analysis of the strengths of each military base and share the4 evaluation with the affected community.5 (8) In partnership with the Department of Economic Development and local6 communities, conduct ongoing analys es of current and proposed changes to the7 mission and military force structure and alignment of the United States Department8 of Defense.9 (9) Identify the most effective methods and practices used by local10 communities to address the issue of military base support and enhancement and11 disseminate such best practices among affected communities.12 (10) Ensure that affected communities and stakeholders are informed of and13 invited to assist and support state-level efforts to affect statewide coordination of14 information gathering, strategy development, and the sharing of best practices.15 (11) Educate the legislature on the importance of supporting legislation16 relating to the state's military bases.17 (12) Ensure that the council is strategically positioned to interface with18 decision makers in the executive branch of the federal government, national and state19 homeland security agencies, intelligence agencies, and the United States Congress,20 concerning the state's military installations and major units.21 (13) Research and identify best practices and strategies throughout the22 country with respect to other military communities in order to leverage the state's23 competitive advantage.24 (14) Increase public awareness of the presence and value of United States25 military installations and their missions in Louisiana and public investment in26 supporting the state's military bases.27 HLS 12RS-869 REENGROSSED HB NO. 936 Page 6 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. B. The council shall submit an annual report on the first day of January to1 the governor to provide the status of and progress achieved on the issues addressed2 in Subsection A of this Section.3 C. The council shall make, or cause to be made, all such studies, reviews, or4 analysis which it finds necessary to effect the duties and objectives expressed above,5 including but not limited to a quadrennial statewide and regional military economic6 impact analysis.7 D. For purposes of this Section, "military" shall mean the Active National8 Guard, Reserve and retired military personnel from any branch of the military.9 §66. Funding and expenses10 The council may receive and expend funds made available from any source,11 including donations or gifts of money or services from public or private12 organizations, to be utilized for the purposes of the council.13 §67. Working groups14 A. The Council shall establish the following working groups:15 (1) Military Sustainment Working Group.16 (a) The Military Sustainment Working Group shall interface directly with17 military installation and command leadership on matters related to mission18 sustainment, quality of life, installation operations, and community and state19 relations.20 (b) The Military Sustainment Working Group shall meet regularly, no less21 than eight times annually, and at the call of the chair.22 (c) The Military Sustainment Working Group shall receive, collate,23 prioritize, and present to the council no less than twice annually the key initiatives24 derived from Subparagraph (a) of this Paragraph.25 (d) The Military Sustainment Working Group will report no less than twice26 annually to the council on recommendations to optimize conditions in Subparagraph27 (a) of this Paragraph and a strategic plan to achieve optimal conditions.28 HLS 12RS-869 REENGROSSED HB NO. 936 Page 7 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. B. The council may create working groups composed of council members,1 stakeholders, and non-council members, which meet in accordance with the open2 meetings laws, as provided for in R.S. 42:12, et seq.3 §68. Coordination; state government4 All departments, commissions, boards, offices, entities, agencies, and officers5 of the state of Louisiana, or any political subdivision thereof, are authorized and6 directed to cooperate with the council in implementing the provisions of this Subpart.7 Section 3.(A) The Louisiana State Law Institute is hereby directed to change the8 heading of Part 1 of Chapter 1 of Title 29 of the Louisiana Revised Statutes of 1950 from9 "GENERAL PROVISIONS FOR MILITARY FORCES OF THE STATE" to "MILITARY10 FORCES OF THE STATE".11 (B) The Louisiana State Law Institute is hereby directed to create a Subpart A within12 Part 1 of Chapter 1 of Title 29 of the Louisiana Revised Statutes of 1950 with a heading13 "SUBPART A. GENERAL PROVISIONS" to be comprised of Revised Statutes 29:114 through 42.15 DIGEST The digest printed below was prepared by House Legislative Services. It constitutes no part of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)] Danahay HB No. 936 Abstract: Establishes the La. Military Advisory Council within the Dept. of Economic Development and provides for the membership, officers, terms of office, compensation, and its powers and duties. Proposed law establishes the La. Military Advisory Council within the Dept. of Economic Development. Proposed law provides for the council to be comprised of 25 members as follows: (1)The governor or his designee. (2)The adjutant general or his designee. (3)The president of the Senate or a designated senator. (4)The speaker of the House of Representatives or a designated state representative. (5)The secretary of the Dept. of Economic Development or his designee. HLS 12RS-869 REENGROSSED HB NO. 936 Page 8 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (6)The secretary of the Dept. of Veterans Affairs or his designee. (7)The following members as appointed by the governor: (a)The chair of the La. Employer Support of the guard and reserve. (b)The president of Barksdale Forward or an advocate. (c)The president of Fort Polk Progress or an advocate. (d)The president of Callendar Commitment or an advocate. (e)The chair of the New Orleans Mayor's Military Advisory Council or an advocate. (f)Five from retired flag, general or O-6 officers, or a command sergeant major representing each of the armed services, national guard, and the reserves. (g)Nine members to be appointed at-large representing certain organizations. Proposed law provides for staggered terms for all appointments made by the governor. Proposed law provides for appointment of chair, vice chair, and executive director to be made by the governor and any additional officers to be elected by the membership. Proposed law requires the council to meet biannually. Proposed law prohibits members and military liaisons from receiving additional compensation or per diem for their service and authorizes state employees and elected public officials to receive per diem. Proposed law provides for certain duties and powers of the council. Proposed law requires the council to submit an annual status and progress report on Jan. 1 of each year to the governor. Proposed law authorizes the council to request studies or analyses for purposes of accomplishing their required duties and objectives. Proposed law authorizes the council to receive and expend funds made available from any source, including donations or gifts of money or services from public or private organizations, to be utilized for purposes of the council. Proposed law requires the council to establish working groups to include the Military Sustainment Working Group to accomplish specific objectives. Proposed law requires all departments, commissions, boards, offices, entities, agencies, and officers of the state to cooperate with the council in implementing the provisions of proposed law. (Adds R.S. 29:61-68 and R.S. 36:109(V)) HLS 12RS-869 REENGROSSED HB NO. 936 Page 9 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Summary of Amendments Adopted by House Committee Amendments Proposed by House Committee on Judiciary to the original bill. 1. Added a provision to Title 36 (Organization of the Executive Branch of State Government) to place the La. Military Advisory Council within the Dept. of Economic Development. House Floor Amendments to the engrossed bill. 1. Added a provision authorizing the council to receive and expend funds made available from any source, including donations or gifts of money or services from public or private organizations, to be utilized for purposes of the council. 2. Added technical amendments.