Louisiana 2018 2018 Regular Session

Louisiana House Bill HB660 Introduced / Bill

                    HLS 18RS-743	ORIGINAL
2018 Regular Session
HOUSE BILL NO. 660
BY REPRESENTATIVE MAGEE
BOARDS/COMMISSIONS:  Creates the Native American Commission within the office
of the governor
1	AN ACT
2To enact R.S. 46:2305, relative to the Governor's Office of Indian Affairs; to provide for the
3 creation of the Native American Commission within the Governor's Office of Indian
4 Affairs; to provide for the membership, duties, governance, compensation, and
5 powers of the commission; and to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 46:2305 is hereby enacted to read as follows: 
8 ยง2305.  Native American Commission; creation; membership; compensation
9	A.  The Native American Commission is hereby created within the
10 Governor's Office of Indian Affairs.  The commission shall serve in an advisory
11 capacity to the Governor's Office of Indian Affairs.
12	B.  The following shall each appoint one member:
13	(1)  Adai Caddo Indians of Louisiana
14	(2)  Bayou Lafourche Band of Biloxi-Chitimacha-Choctaw
15	(3)  Choctaw-Apache Tribe of Ebarb
16	(4)  Clifton Choctaw Tribe of Louisiana
17	(5)  Four-Winds Cherokee Tribe
18	(6)  Grand Caillou/Dulac Band
19	(7)  Isle de Jean Charles Band
20	(8)  Louisiana Band of Choctaw Indians
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HB NO. 660
1	(9)  Natchitoches Tribe of Louisiana
2	(10)  Point au Chien Tribe
3	(11)  United Houma Nation
4	C.   The following members shall serve as ex-official members:
5	(1)  The director of the Governor's Office of Indian Affairs
6	(2)  The secretary of the Department of Veteran's Affairs or designee
7	(3)  The state archeologist or his designee
8	(4)  One member representing the Chitimacha Tribe of Louisiana
9	(5)  One member representing the Coushatta Tribe of Louisiana
10	(6)  One member representing the Jena Band of Choctaw Indians
11	(7)  One member representing the Tunica-Biloxi Tribe of Louisiana
12	D.  The commission may add state recognized tribes and federally recognized
13 tribes to its membership and ex-officio membership as tribes are officially granted
14 state or federal recognition.
15	E.  All appointments shall be made for four years except in cases where
16 appointees are unable to complete their terms.  If a member is unable to complete his
17 term, the appointing entity shall appoint a member for the length of the unexpired
18 term.
19	F.  The commission shall elect as officers a chairperson, vice chairperson,
20 and secretary from its membership.  All officers shall serve for two years.  The
21 commission shall create its own bylaws.  The commission shall meet at least once
22 every quarter, and may meet more often as determined by the chairman.
23	G.  A majority of the voting membership shall constitute a quorum.  All
24 official business of the commission shall require the affirmative vote of not less than
25 a majority of the members present.
26	H.  Commission members shall not receive compensation or a per diem for
27 their services or attendance at council meetings, except for those travel related
28 expenses already provided for by their agency.
29	I.  The commission shall be domiciled in East Baton Rouge Parish.
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HB NO. 660
1	J. The commission shall do the following:
2	(1)  Advise the Governor's Office of Indian Affairs regarding issues
3 pertaining to Native Americans.
4	(2)  Identify the needs and concerns of the Native Americans in Louisiana
5 and bring such needs and concerns to the attention of the Governor's Office of Indian
6 Affairs.
7	(3)  Make recommendations to the Governor's Office of Indian Affairs to
8 address the needs and concerns of Native Americans in Louisiana.
9	(4)  Establish criteria for state tribe recognition and recommend criteria to the
10 Governor's Office of Indian Affairs and legislature for adoption and implementation.
11	(5)  Review applications for the Office of Indian Affairs Scholarship and
12 recommend scholarship awardees to the Governor's Office of Indian Affairs.
13	(6)  Promote Native American culture, awareness, and education across the
14 state.
15	(7)  Promote Native American Heritage Month in Louisiana.
16	(8)  Conduct a comprehensive review of all state departments and agencies
17 to identify obstacles to the effective delivery of governmental services by all service
18 providers at all levels of government to Native Americans, propose methods for
19 removing those obstacles, and submit such proposals to the appropriate
20 governmental entity or entities.
21	K.  The commission shall have authority to request consultation or
22 information, or both, from any state department or agency serving Native Americans. 
23 The department or agency shall give priority to the request and shall provide the data
24 or assistance as requested.  The commission shall maintain the confidentiality of any
25 information or records provided, as required by laws relative to such information and
26 records.
27	L.  The Governor's Office of Indian Affairs shall assist as needed in providing
28 staff support for the council, including but not limited to the scheduling of meetings.
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HB NO. 660
1	M.  Legislation may be recommended by the commission to the Office of
2 Indian Affairs only upon approval by a two-thirds vote of the commission members
3 present.
4	N.  The commission shall annually issue a report of its findings and
5 recommendations to the governor and legislature.
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)]
HB 660 Original 2018 Regular Session	Magee
Abstract:  Provides for the creation of the Native American Commission within the
Governor's Office of Indian Affairs.
Proposed law provides for the creation of the Native American Commission within the
Governor's Office of Indian Affairs.  Provides that the commission shall serve in an advisory
capacity to the Governor's Office of Indian Affairs.
Proposed law provides that the commission shall consist of members appointed by the
following:
(1)Adai Caddo Indians of Louisiana
(2)Bayou Lafource Band of Biloxi-Chitimacha-Choctaw 
(3)Choctaw-Apache Tribe of Ebarb
(4)Clifton Choctaw Tribe of Louisiana
(5)Four-Winds Cherokee Tribe
(6)Grand Caillou/Dulac Band
(7)Isle de Jean Charles Band 
(8)Louisiana Band of Choctaw Indians
(9)Natchitoches Tribe of Louisiana
(10)Point au-Chien Tribe
(11)  United Houma Nation
Proposed law further provides that the following members shall serve as ex-officio members:
(1)The director of the Office of Indian Affairs
(2)The secretary of the Department of Veteran's Affairs or designee
(3)The state archeologist or his designee
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HB NO. 660
(4)One member representing the Chitimacha Tribe of Louisiana
(5)One member representing the Coushatta Tribe of Louisiana
(6)One member representing the Jena band of Choctaw Indians
(7)One member representing the Tunica-Biloxi Tribe of Louisiana
Proposed law provides that the commission may add state recognized tribes and federally
recognized tribes to its membership and ex-officio membership as tribes are officially
granted state or federal recognition.
Proposed law provides that the commission shall do the following:
(1)Advise the Office of Indian Affairs regarding issues pertaining to Native Americans.
(2)Identify the needs and concerns of Native Americans in La. by bringing such needs
and concerns to the attention of the Office of Indian Affairs.
(3)Make recommendations to the Office of Indian Affairs to address the needs and
concerns of Native Americans in La..
(4)Establish criteria for state tribe recognition and recommend such criteria to the
Office of Indian Affairs and legislature for adoption and implementation.
(5)Review applications for the Office of Indian Affairs Scholarship and recommend
scholarship awardees to the Office of Indian Affairs.
(6)Promote Native American culture, awareness, and education across the state.
(7)Promote Native American Heritage Month in La..
(8)Conduct a comprehensive review of all state departments and agencies to identify
obstacles to the effective delivery of governmental services by all service providers
at all levels of government to Native Americans, propose methods for removing 
those obstacles, and submit such proposals to the appropriate governmental entity
or entities.
Proposed law provides that all appointments shall be made for four years, except in cases
where appointees are unable to complete their terms.  If a member is unable to complete his
term, the appointing entity shall appoint a member for the length of the unexpired term.
Proposed law provides that the commission shall elect as officers a chairperson, vice
chairperson, and secretary from its membership.  All officers shall serve for two years.  The
commission shall create its own bylaws,  The commission shall meet at least once every
quarter, and may meet more often as determined by the chairman. 
Proposed law provides that a majority of the voting membership shall constitute a quorum. 
Further provides that all official business of the commission shall require the affirmative
vote of not less than a majority of the members present.
Proposed law provides that commission members shall not receive compensation or a per
diem for their services or attendance at council meetings, except for those travel related
expenses already provided for by their agency. 
Proposed law provides that the commission shall have authority to request consultation or
information, or both, from any state department or agency serving Native Americans.  The
department or agency shall give priority to the request and shall provide the data or
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HB NO. 660
assistance as requested.  Requires the commission to maintain the confidentiality of any
information or records provided, as required by laws relative to such information and
records.
Proposed law provides that the council shall be domiciled in East Baton Rouge Parish.
Proposed law requires the Governor's Office of Indian Affairs to assist as needed in
providing staff report for the council, including but not limited to the scheduling of
meetings.
Proposed law provides that legislation may be recommended by the commission to the
Governor's Office of Indian Affairs only upon approval by a 2/3 vote of the commission
members present.
Proposed law requires the commission to annually issue a report of its findings and
recommendations to the governor and legislature.
(Adds R.S. 46:2305)
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