HLS 18RS-743 REENGROSSED
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) Chitimacha Tribe of Louisiana.
16 (4) Choctaw-Apache Tribe of Ebarb.
17 (5) Clifton Choctaw Tribe of Louisiana.
18 (6) Coushatta Tribe of Louisiana.
19 (7) Four-Winds Cherokee Tribe.
20 (8) Grand Caillou/Dulac Band.
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1 (9) Isle de Jean Charles Band of Biloxi-Chitimacha-Choctaw Tribe.
2 (10) Jena Band of Choctaw Indians.
3 (11) Louisiana Band of Choctaw Indians.
4 (12) Natchitoches Tribe of Louisiana.
5 (13) Point au Chien Tribe.
6 (14) Tunica-Biloxi Tribe of Louisiana.
7 (15) United Houma Nation.
8 C. The following members shall serve as ex officio members:
9 (1) The director of the Governor's Office of Indian Affairs.
10 (2) The secretary of the Department of Veterans Affairs or designee.
11 (3) The state archeologist or his designee.
12 D. The commission may add state recognized tribes and federally recognized
13 tribes to its membership as tribes are officially granted state or federal recognition.
14 E. All appointments shall be made for four years except in cases where
15 appointees are unable to complete their terms. If a member is unable to complete his
16 term, the appointing entity shall appoint a member for the length of the unexpired
17 term.
18 F. The commission shall elect as officers a chairperson, vice chairperson,
19 and secretary from its membership. All officers shall serve for two years. The
20 commission shall create its own bylaws. The commission shall meet at least once
21 every quarter, and may meet more often as determined by the chairman.
22 G. A majority of the voting membership shall constitute a quorum. All
23 official business of the commission shall require the affirmative vote of not less than
24 a majority of the members present. Voting by proxy is prohibited.
25 H. Commission members shall not receive compensation or a per diem for
26 their services or attendance at council meetings, except for those travel related
27 expenses already provided for by their agency.
28 I. The commission shall be domiciled in East Baton Rouge Parish.
29 J. The commission shall do the following:
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1 (1) Advise the Governor's Office of Indian Affairs regarding issues
2 pertaining to Native Americans.
3 (2) Identify the needs and concerns of the Native Americans in Louisiana
4 and bring such needs and concerns to the attention of the Governor's Office of Indian
5 Affairs.
6 (3) Make recommendations to the Governor's Office of Indian Affairs to
7 address the needs and concerns of Native Americans in Louisiana.
8 (4) Establish criteria for state tribe recognition and recommend criteria to the
9 Governor's Office of Indian Affairs and legislature for adoption and implementation.
10 (5) Review applications for the Office of Indian Affairs Scholarship and
11 recommend scholarship awardees to the Governor's Office of Indian Affairs.
12 (6) Promote Native American culture, awareness, and education across the
13 state.
14 (7) Promote Native American Heritage Month in Louisiana.
15 (8) Conduct a comprehensive review of all state departments and agencies
16 to identify obstacles to the effective delivery of governmental services by all service
17 providers at all levels of government to Native Americans, propose methods for
18 removing those obstacles, and submit such proposals to the appropriate
19 governmental entity or entities.
20 K. The commission shall have authority to request consultation or
21 information, or both, from any state department or agency serving Native Americans.
22 The department or agency shall give priority to the request and shall provide the data
23 or assistance as requested. The commission shall maintain the confidentiality of any
24 information or records provided, as required by laws relative to such information and
25 records.
26 L. The Governor's Office of Indian Affairs shall assist as needed in providing
27 staff support for the council, including but not limited to the scheduling of meetings.
28 M. Legislation may be recommended by the commission to the Governor's
29 Office of Indian Affairs only upon approval by a two-thirds vote of the commission
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HB NO. 660
1 members present. The commission shall not recommend legislation that would
2 impair ownership interests in any immovable property or any mineral rights
3 associated therewith.
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 Reengrossed 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 Lafourche Band of Biloxi-Chitimacha-Choctaw.
(3)Chitimacha Tribe of Louisiana.
(4)Choctaw-Apache Tribe of Ebarb.
(5)Clifton Choctaw Tribe of Louisiana.
(6)Coushatta Tribe of Louisiana.
(7)Four-Winds Cherokee Tribe.
(8)Grand Caillou/Dulac Band.
(9)Isle de Jean Charles Band of Biloxi-Chitimacha-Choctaw Tribe.
(10)Jena Band of Choctaw Indians.
(11)Louisiana Band of Choctaw Indians.
(12)Natchitoches Tribe of Louisiana.
(13)Point au-Chien Tribe.
(14)Tunica-Biloxi Tribe of Louisiana.
(15)United Houma Nation.
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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 Dept. of Veterans Affairs or designee.
(3)The state archeologist or his designee.
Proposed law provides that the commission may add state recognized tribes and federally
recognized tribes to its 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 to Native Americans,
propose methods for removing those obstacles, and submit such proposals to the
appropriate governmental entity.
Proposed law provides that members are appointed for four-year terms.
Proposed law provides that the commission shall elect 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 commission members shall not receive compensation except for
those travel-related expenses already provided for by their agency.
Proposed law authorizes the commission 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 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 requires the Governor's Office of Indian Affairs to assist as needed in
providing staff report for the council.
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
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members present. Further prohibits the commission from recommending legislation that
would impair ownership interests in any immovable property or any mineral rights
associated therewith.
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)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Municipal, Parochial
and Cultural Affairs to the original bill:
1. Add provision that prohibits the commission from recommending legislation that
would impair ownership interests in any immovable property or any mineral
rights associated therewith.
The House Floor Amendments to the engrossed bill:
1. Add prohibition on voting by proxy.
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