Louisiana 2012 2012 Regular Session

Louisiana House Bill HB936 Engrossed / Bill

                    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.