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Regular Session, 2014
HOUSE BILL NO. 441
BY REPRESENTATIVE HARRISON
INDIAN AFFAIRS: Abolishes the Governor's Office of Indian Affairs and creates and
provides for the Commission on Indian Affairs as its successor
AN ACT1
To amend and reenact R.S. 29:725.6(B)(6)(a)(i)(ii), R.S. 36:4(G), the heading of Chapter 312
of Title 46 of the Louisiana Revised Statutes of 1950, R.S. 46:2301 and3
2302(introductory paragraph), (6), (7), and (8), and R.S. 47:463.78(A) and (D)(1)4
and (3), relative to Indian affairs; to abolish the Governor's Office of Indian Affairs5
and to create and provide for the Commission on Indian Affairs, including its6
composition, officers, powers and duties, and compensation; to provide that the7
commission is the successor of the office; and to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 29:725.6(B)(6)(a)(i)(ii) is hereby amended and reenacted to read as10
follows:11
§725.6. State Unified Command Group12
* * *13
B.14
* * *15
(6) There shall be three permanent subcommittees of the UCG as provided16
for in this Paragraph. In addition, the UCG may establish other subcommittees as17
it deems advisable and feasible. Except as provided in Subparagraph (a) of this18
Paragraph, only the UCG may take official action.19 HLS 14RS-972 REENGROSSED
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(a)(i) An "interoperability subcommittee" is hereby established and shall be1
composed of the following members:2
* * *3
(ii) Executive director of the Governor's Office of Commission on Indian4
Affairs, or his designee.5
* * *6
Section 2. R.S. 36:4(G) is hereby amended and reenacted to read as follows:7
§4. Structure of executive branch of state government8
* * *9
G. The Governor's Office of Commission on Indian Affairs (R.S. 46:2301-10
2303 et seq.) shall be placed within the office of the governor and shall perform and11
exercise its powers, duties, functions, and responsibilities in the manner provided for12
agencies transferred in accordance with the provisions of R.S. 36:802.13
* * *14
Section 3. The heading of Chapter 31 of Title 46 of the Louisiana Revised Statutes15
of 1950 and R.S. 46:2301 and 2302(introductory paragraph), (6), (7), and (8) are hereby16
amended and reenacted to read as follows:17
CHAPTER 31. GOVERNOR'S OFFICE OF COMMISSION ON INDIAN AFFAIRS18
§2301. Commission on Indian Affairs; Creation creation; officers; personnel19
A. An agency of the state to be known as the "Governor's Office of Indian20
Affairs" The Commission on Indian Affairs is hereby created and established as a21
state agency in the office of the governor. Said office The commission shall exercise22
the powers and duties hereinafter set forth provided in this Chapter or otherwise23
provided by law. 24
B. The commission shall be comprised of fourteen Indian members. One25
member shall be appointed by each of the following tribes or bands in Louisiana:26
(1) Chitimacha Tribe.27
(2) Coushatta Tribe.28
(3) Jena Band of Choctaws.29 HLS 14RS-972 REENGROSSED
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(4) Tunica/Biloxi Tribe.1
(5) Adai Caddo Tribe.2
(6) Bayou Lafourche Band of the Biloxi-Chitimacha Confederation.3
(7) Grand Caillou/Dulac Band of the Biloxi-Chitimacha Confederation.4
(8) Isle de Jean Charles Band of the Biloxi-Chitimacha Confederation.5
(9) Choctaw-Apache Community of Ebarb.6
(10) Clifton Choctaw Tribe.7
(11) Four Winds Tribe.8
(12) Louisiana Band of Choctaw.9
(13) Pointe-Au-Chien Tribe.10
(14) United Houma Nation. 11
C. Each member shall serve a four-year term after initial terms as provided12
in this Subsection. The initial members appointed to the commission shall serve for13
the following terms as determined by the drawing of lots at the first meeting of the14
commission: three for terms of one year, three for terms of two years, four for terms15
of three years, and four for terms of four years. Thereafter, appointments shall be16
for terms of four years. Each member of the commission shall hold office until his17
successor has been appointed and has taken office. A vacancy shall be filled in the18
manner of the original appointment for the remainder of the unexpired term.19
D. The commission shall meet and organize immediately after appointment20
of the members. The commission shall elect from its membership a chairman and21
such other officers as it deems necessary. The duties of all officers shall be those22
customarily exercised by such officers. The commission shall adopt rules for the23
transaction of its business and shall keep a record of its resolutions, transactions,24
findings, and determinations. Eight members shall constitute a quorum. The25
domicile of the commission shall be East Baton Rouge Parish.26
E. The commission shall meet at least once in each quarter of the fiscal year,27
and as often thereafter as shall be deemed necessary by the chairman.28 HLS 14RS-972 REENGROSSED
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F. Members of the commission shall receive no salary for their services, but1
shall be paid one hundred dollars per day for attendance at meetings of the2
commission and its committees and shall be reimbursed for actual travel and other3
expenses incurred while in the performance of their duties in accordance with travel4
regulations of the division of administration.5
G. The office The commission shall be administered by an executive6
director, who shall be appointed by the governor commission to serve at his its7
pleasure. The executive director shall employ necessary staff to carry out the duties8
and functions of the office commission as otherwise provided in this Chapter, or as9
otherwise provided by law.10
§2302. Powers, duties, functions11
The office commission shall have the following powers and duties:12
* * *13
(6) To serve as the official negotiating agent of the state upon which14
federally recognized tribes in the state of Louisiana may serve notice of any request15
to negotiate state tribal compacts.16
(7) To make recommendations to the governor for the composition of the17
negotiating team for the state. recommend individuals with expertise in Indian affairs18
with whom the governor may consult regarding proposed compacts.19
(8) To make recommendations regarding proposed compacts and submit20
them to the governor for his approval and signature.21
* * *22
Section 4. R.S. 47:463.78(A) and (D)(1) and (3) are hereby amended and reenacted23
to read as follows:24
§463.78. Special prestige license plates; Native Americans; scholarship fund25
A. The secretary of the Department of Public Safety and Corrections shall26
establish prestige license plates for motor vehicles, restricted to passenger cars,27
pickup trucks, recreational vehicles, and vans, representing the Native American28
culture which shall have a minimum of one hundred applicants for such plate. The29 HLS 14RS-972 REENGROSSED
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license plate shall be of a color and design selected by the Governor's Office of1
Commission on Indian Affairs, R.S. 46:2301 et seq., and be in compliance with the2
requirements of R.S. 47:463(A)(3).3
* * *4
D.(1) The department shall collect the additional twenty-five dollar donation5
and forward it to the Governor's Office of Commission on Indian Affairs. The6
activities of the Governor's Office of Commission on Indian Affairs with respect to7
the donations for the Native American prestige license plate are hereby deemed a8
public purpose and shall qualify as a cooperative endeavor under the provisions of9
Article VII, Section 14(C) of the Constitution of Louisiana.10
* * *11
(3) The Governor's Office of Commission on Indian Affairs shall be12
responsible for the disbursing of the funds and for establishing the scholarship13
program, including but not limited to adopting rules and regulations relative to14
academic standards for scholarship recipients.15
* * *16
Section 5.(A) Prior to August 1, 2014, the governor shall notify the Indian tribes and17
bands who are to make appointments to the commission as provided in this Act and shall18
coordinate and facilitate the appointment of the initial members of the commission as19
provided in this Act.20
(B) On August 1, 2014, the Governor's Office of Indian Affairs shall be abolished21
and the Commission on Indian Affairs shall be created. The commission shall be the22
successor of the abolished office. All unfinished business, references in laws and23
documents, employees, property, obligations, funds and appropriations, and books and24
records of the office shall be transferred as provided in this Section. Upon the abolition of25
the office, any pending or unfinished business of the office shall be taken over and be26
completed by the commission with the same power and authority as that of the office, and27
the commission shall be the successor in every way to the office for the purpose of28
completing such business. Any reference in laws and documents to the office shall be29 HLS 14RS-972 REENGROSSED
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deemed to apply to the commission. Any legal proceeding to which the office is a party and1
that is filed, initiated, or pending before any court on the effective date of this Section, and2
all documents involved in or affected by said legal proceeding, shall retain their3
effectiveness and shall be continued in the name of the commission. All further legal4
proceedings and documents in the continuation, disposition, and enforcement of such legal5
proceeding shall be in the name of the commission, and the commission shall be substituted6
for the office without necessity for amendment of any document. This Act shall not be7
construed so as to impair the effectiveness of any rule or policy of the office, and any such8
rule or policy shall remain effective as provided therein or until changed as otherwise9
provided by law. This Act shall not be construed so as to impair the contractual or other10
obligations of the office or of the state of Louisiana. The commission shall be the successor11
in every way to the office, including all of its obligations and debts. All obligations of the12
office shall be the obligations of the commission. All dedications and allocations of revenues13
and sources of revenues heretofore made shall continue in the same manner, to the same14
extent, and for the same purposes as were provided prior to the enactment of this Act, unless15
and until other provision is made therefor. All appropriations made to the office shall be16
deemed to have been made to the commission, and all funds appropriated to or for the office17
shall be transferred to the commission. This Act shall not be construed or applied in any way18
which will prevent full compliance by the state, or any department, office, or agency thereof,19
with the requirements of any Act of the Congress of the United States or any regulation20
made thereunder by which federal aid or other federal assistance has been or hereafter is21
made available. All books, papers, records, money, actions, and other property of every22
kind, movable and immovable, real and personal, heretofore possessed, controlled, or used23
by the office is hereby transferred to the commission. All employees heretofore engaged in24
the performance of duties of the office, insofar as practicable and necessary are hereby25
transferred to the commission and shall continue to perform the duties heretofore performed,26
subject to applicable state civil service laws, rules, and regulations, this Act, and other27
applicable laws. Subject to such laws, positions in the unclassified service shall remain in28
the unclassified service.29 HLS 14RS-972 REENGROSSED
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Section 6.(A) Section 5 of this Act and this Section shall become effective upon1
signature of this Act by the governor or, if this Act is not signed by the governor, upon2
expiration of the time for bills to become law without signature by the governor, as provided3
by Article III, Section 18 of the Constitution of Louisiana. If this Act is vetoed by the4
governor and subsequently approved by the legislature, Section 5 of this Act and this Section5
shall become effective on the day following such approval.6
(B) The provisions of Sections 1 through 4 of this Act shall become effective on7
August 1, 2014.8
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)]
Harrison HB No. 441
Abstract: Abolishes the Governor's Office of Indian Affairs and creates and provides for
the Commission on Indian Affairs as its successor.
Present law creates the Governor's Office of Indian Affairs as a state agency in the office of
the governor under provisions that retain its policy-making powers. Provides that the office
is administered by an executive director who serves at the governor's pleasure and who
employs necessary staff.
Present law provides the following powers and duties for the Office of Indian Affairs:
(1)Administer the programs relative to La. Indians.
(2)Collect facts and statistics and conduct special studies of conditions pertaining to the
employment, health, education, financial status, recreation, social adjustment, or
other conditions affecting the welfare of the Indian people.
(3)Provide for a mutual exchange of ideas and information on national, state, and local
levels.
(4)Make recommendations to the governor and to the legislature for needed
improvements and additional resources to promote the welfare of Indians.
(5)Coordinate the services of all agencies in the state serving Indians and require reports
from such state agencies and institutions.
(6)Serve as the state's official negotiating agent upon which federally recognized tribes
in the state may serve notice of any request to negotiate state tribal compacts.
(7)Make recommendations to the governor for the composition of the negotiating team
for the state.
(8)Make recommendations regarding proposed compacts and submit them to the
governor for his approval and signature. HLS 14RS-972 REENGROSSED
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(9)Prepare and submit an annual report to the legislature and to the governor.
(10)Adopt and promulgate rules and regulations that are deemed necessary to implement
the provisions of present law.
Proposed law abolishes the Governor's Office of Indian Affairs and creates the Commission
on Indian Affairs as a state agency in the office of the governor under provisions that retain
its policy-making powers. Provides that the commission shall have 14 members, one
member appointed by each of the following tribes or bands in La.:
(1)Chitimacha Tribe.
(2)Coushatta Tribe.
(3)Jena Band of Choctaws.
(4)Tunica/Biloxi Tribe.
(5)Adai Caddo Tribe.
(6)Bayou Lafourche Band of the Biloxi-Chitimacha Confederation.
(7)Grand Caillou/Dulac Band of the Biloxi-Chitimacha Confederation.
(8)Isle de Jean Charles Band of the Biloxi-Chitimacha Confederation.
(9)Choctaw-Apache Community of Ebarb.
(10)Clifton Choctaw Tribe.
(11)Four Winds Tribe.
(12)Louisiana Band of Choctaw.
(13)Pointe-Au-Chien Tribe.
(14)United Houma Nation.
Proposed law provides for staggered four-ye ar terms for commission members. Provides
that the commission shall elect from its membership a chairman and such other officers it
deems necessary, adopt rules for the transaction of its business, and keep records. Provides
that eight members shall constitute a quorum, and that the commission domicile shall be East
Baton Rouge Parish. Requires commission meetings at least once a quarter and as deemed
necessary by the chairman. Provides for members to receive a per diem of $100 for
attendance at meetings of the commission and its committees and be reimbursed for actual
travel and other expenses in the performance of their duties in accordance with travel
regulations of the division of administration.
Proposed law provides that the commission shall be administered by an executive director
appointed by the commission to serve at its pleasure who shall employ necessary staff.
Replaces the executive director of the abolished office with the executive director of the
commission as a member of the interoperability subcommittee of the Unified Command
Group.
Proposed law grants the commission the powers provided in present law for the abolished
office, except: HLS 14RS-972 REENGROSSED
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(1)Present law provides that the office serve as the state's official negotiating agent
upon which federally recognized tribes in the state may serve notice of any request
to negotiate state tribal compacts. Proposed law removes reference to the
commission being the state's official negotiating agent.
(2)Present law provides that the office makes recommendations to the governor for the
composition of the negotiating team for the state. Proposed law instead provides that
the commission recommends individuals with expertise in Indian affairs with whom
the governor may consult regarding proposed compacts.
(3)Proposed law retains present law granting the commission power to make
recommendations regarding proposed compacts but removes present law power of
the office to submit them to the governor for his approval and signature.
Proposed law also provides for the commission to be responsible for functions of the
abolished office relative to special prestige license plates for the Native American culture
and use of funds derived therefrom for academic or financial need-based scholarships for
students of Native American ancestry.
Proposed law provides that the office is abolished and the commission created on Aug. 1,
2014, and the commission shall be the successor of the abolished office. Provides for the
transfer to the commission of all unfinished business, references in laws and documents,
employees, property, obligations, funds and appropriations, and books and records of the
office. Provides for the governor to notify the Indian tribes and bands who are to make
appointments to the commission and coordinate and facilitate the appointment of the initial
members of the commission prior to Aug. 1, 2014.
Effective Aug. 1, 2014, except provisions for the governor to facilitate the appointment of
initial members and for the commission to be the successor of the office are effective upon
signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 29:725.6(B)(6)(a)(i)(ii), R.S. 36:4(G), the heading of Chapter 31 of Title 46
of the La. Revised Statutes of 1950, R.S. 46:2301 and 2302(intro. para.), (6), (7), and (8),
and R.S. 47:463.78(A) and (D)(1) and (3))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on House and Governmental
Affairs to the original bill.
1. Instead of granting the commission the same powers as the abolished office,
grants the commission the same powers with two exceptions:
a. Provides for the commission to serve as the state's official agent upon
which federally recognized tribes may serve notice of a request to
negotiate state tribal compacts, but does not make the commission the
state's official negotiating agent.
b. Grants the commission power to make recommendations regarding
proposed compacts but does not grant the commission present law power
of the office to submit them to the governor for his approval and
signature.
House Floor Amendments to the engrossed bill.
1. Provides for the commission to be a state agency in the office of the governor
under provisions that retain its policy-making powers, instead of an independent HLS 14RS-972 REENGROSSED
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agency in the Dept. of State, and provides for the governor instead of the
secretary of state to facilitate appointment of initial commission members.
2. Provides for the commission to recommend individuals with expertise in Indian
affairs with whom the governor may consult regarding proposed compacts
instead of providing for the commission to make recommendations to the
governor for the composition of the negotiating team for the state.