2006 Louisiana Laws - RS 8:675 — The louisiana unmarked burial sites board

§675.  The Louisiana Unmarked Burial Sites Board

A.  The Louisiana Unmarked Burial Sites Board is hereby created within the Department of Culture, Recreation and Tourism, office of cultural development, division of archaeology.  The board shall be domiciled in Baton Rouge.  All budgeting, purchasing, and related management functions shall be administered under the direction of the director of the division of archaeology and in accordance with the Executive Reorganization Act.

B.  The board shall consist of seven members, including members appointed by the governor in accordance with the following schedule:

(1)  One member appointed from a list of three persons nominated by the Louisiana Archaeological Survey and Antiquities Commission.  The person appointed must be a physical anthropologist who holds at least a master's degree representing specialized training in skeletal biology or forensic osteology.  The individual must also have demonstrated an ability to design and execute a human skeletal analysis and to present the written results and interpretation of the analysis in a thorough, scientific, and timely manner.

(2)  One member appointed from a list of three persons nominated by the Louisiana Archaeological Survey and Antiquities Commission.  The person appointed must be either a professional archaeologist or a professional cultural anthropologist.

(3)  One member appointed from a list of three persons nominated by the Louisiana Intertribal Council.  The person appointed must belong to a tribe recognized by Louisiana but not by the federal government.

(4)  One member appointed from a list of three persons nominated by the Louisiana Intertribal Council.  The person appointed must belong to a federally recognized tribe of Louisiana.

(5)  One member who is a non-Indian minority appointed from a list of three persons nominated by the Louisiana Legislative Black Caucus.

C.  The director of the division of archaeology and the director of the Governor's Commission on Indian Affairs shall serve on the board as ex officio members with the same rights, powers, duties, responsibilities, and privileges as members appointed by the governor.

D.  The terms of the appointed members shall end at the same time as the term of the governor making the appointment.  Members shall serve until their successors in office are appointed and have taken office.  Each member shall take and subscribe to the oath of office prescribed for state officers.

E.  Initial members shall be appointed no later than the sixtieth day after January 1, 1992, or the sixtieth day after the nominations are received by the governor, whichever is later.  Thereafter, members shall be appointed no later than the sixtieth day after the governor takes office, or the sixtieth day after a vacancy occurs, or the sixtieth day after the nominations are received by the governor, whichever is later.

F.  Each appointment by the governor shall be submitted to the Senate for confirmation.

G.  Vacancies in the office of the members shall be filled in the same manner as the original appointments for the unexpired portion of the term of the office vacated.

H.  A majority of the members of the board shall constitute a quorum for the transaction of business.  All official actions of the board shall require the affirmative vote of a majority of the members of the board who are present unless otherwise provided by law.

I.  Members may designate representatives to attend meetings of the board.  Members who appoint representatives shall provide notice to the board of such action.  Representatives shall present written authorization, signed by a member, to the board prior to attending a meeting.  Representatives shall not have voting rights.

J.  The board, by vote of two-thirds of the members, may remove from office any member who has accumulated three consecutive absences from board meetings.

K.  A member of the board may receive a per diem of fifty dollars for each meeting he attends, but he shall not be paid for more than twelve meetings in each year.  Such per diem shall be paid out of the funds of the board.

L.  Members may receive a mileage allowance for mileage traveled in attending meetings.  The mileage allowance shall be fixed by the board in an amount not to exceed the mileage rate for state employees.

M.  The board shall meet quarterly.  It also may meet on the call of the chairman or upon the request of any three members.  The board shall not meet more than twelve times in any calendar year unless the meeting is called pursuant to an emergency situation involving an immediate threat of desecration or disturbance of an unmarked human burial site, human skeletal remains, or burial artifacts.

Acts 1991, No. 704, §1, eff. Jan. 1, 1992; Acts 2003, No. 774, §2.

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