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rs-title-25•Title 25 — Libraries, Museums, and Other Scientific
rs-title-25La. Rev. Stat. tit. 25Code01.01.1900
There shall be a library known as the State Library of Louisiana, domiciled in the parish of East Baton Rouge, Louisiana, and located in the city of Baton Rouge.
Amended by Acts 1950, No. 316, §6; Acts 1991, No. 938, §2; Acts 1992, No. 210, §2.
A. There is created a board of commissioners of the State Library of Louisiana, to be composed of seven members appointed by the lieutenant governor by and with the advice and consent of the Senate, commissioned with overlapping terms. Members of the board shall be appointed as herein provided for five-year terms, each member to serve until his successor is commissioned and qualified.
B. The members of the board shall serve without pay and shall not be removed except for cause shown during their terms of office.
Acts 1991, No. 938, §2; Acts 1997, No. 1128, §1; Acts 2008, No. 804, §1.
NOTE: See Acts 2008, No. 804, §§3 and 4.
The members of the board of commissioners shall be selected without political consideration from the entire state, and at all times at least two members of the board shall be women.
Immediately upon the selection and appointment of the first board of commissioners, the members shall meet at Baton Rouge on the call of the secretary of the former Louisiana Library Commission and organize by electing a chairman, a vice-chairman, and an executive secretary; they shall also provide for quarterly meetings of the board and for special meetings on the call of the chairman or of any three members. A majority of the whole membership shall be required to constitute a quorum for the transaction of business, but the executive secretary and the chairman, acting jointly, will be authorized at all times to transact routine business.
The executive secretary shall be the chief librarian and chief executive officer of the State Library of Louisiana as well as the director of library development and service throughout the state; he shall also be the secretary of the board of commissioners.
Acts 1991, No. 938, §2.
The term of office of the executive secretary is five years, subject to removal for cause by the unanimous vote of the board of commissioners.
The executive secretary shall possess the following qualifications: he or she shall be of good moral character and shall be a trained and experienced librarian holding a degree from some standard college or university. In addition, he must have completed the required course in a recognized or accredited school of library science and have had at least five years' experience as an administrative librarian or director of some state or public library serving a populated area of not less than fifty thousand inhabitants.
A. The board of commissioners of the State Library of Louisiana, through the executive secretary, shall plan and work toward a coordinated system of parish and regional libraries throughout the state so as to give and furnish every citizen and resident of the state free library service of the highest quality consistent with modern methods and as may be justified by financial and economic conditions.
B. The executive secretary shall endeavor to coordinate and integrate the library service so as to afford the schools, colleges, and universities the best free library service possible by means of interloan arrangements, book exchanges, and the like.
Acts 1991, No. 938, §2.
The board of commissioners may send any of its members to aid in the organization of public general libraries or to assist in the improvement of those already established. It may also receive gifts of books, money, or other property, which may be used or held in trust for the purpose or purposes given; may purchase and operate traveling libraries, and circulate such libraries within the state among communities, libraries, schools, colleges, universities, library associations, study clubs, and charitable and penal institutions, under such conditions and rules as the board may deem necessary to protect the interest of the state and best increase the efficiency of the service it is expected to render the public. It may publish lists and circulars of information, and may cooperate with other library commissions and libraries in the publication of documents, in order to secure the most economical administration of the work for which it was formed. It may conduct courses or schools of library instruction and hold library institutes in various parts of the state, and cooperate with others in such schools or institutes. It may also conduct a clearing house for periodicals for free gift to local libraries and shall perform such other service in behalf of public libraries as it may consider for the best interest of the state.
In connection with and under the supervision of each normal school in the state and the president of the state university the board may arrange for a course of lectures every year at each of the said normal schools and the state university on book selection, the use and care of books and the cataloging and administration of school libraries. It may cooperate with the state board of education in devising plans for the care of school libraries, in aiding teachers in school library administration, and in formulating rules and regulations governing the use of such libraries throughout the state. Such suggestions, rules, and regulations for school libraries are to be promulgated through the superintendent of public education.
The executive secretary shall, from time to time when called upon, give supervisory service and advice to all parish, institutional, and public libraries in the state, except law libraries. He shall also require such libraries to file annually, and at such other times as he may deem necessary, reports giving such statistical and other information as he may require. These reports shall be filed with the State Library of Louisiana on or before the thirty-first day of January of each year for the preceding calendar year.
Acts 1991, No. 938, §2.
Repealed by Acts 1983, No. 687, §7.
The necessary and actual travelling expenses incurred by the executive secretary or any members of the staff, acting under the authority and direction of the executive secretary, while on business for the State Library of Louisiana, and all actual and necessary travelling expenses of the several members of the board of commissioners of the State Library of Louisiana, shall be paid by the state from the funds appropriated and made available for the use, maintenance, and operation of the State Library of Louisiana.
Acts 1991, No. 938, §2.
Repealed by Acts 1983, No. 687, §7.
A. The State Library of Louisiana is named and designated as the proper state agency to accept, receive, and administer any funds or monies granted, furnished, provided, appropriated, and dedicated or made available by the United States or any of its departments, commissions, boards, bureaus, or agencies or by the state of Louisiana for the purpose of giving aid to libraries and providing educational library service for citizens in the state of Louisiana.
B. Any and all funds or monies made available by the state of Louisiana for the purposes stated herein shall be received and administered by the assistant secretary of the office of the state library who is hereby vested with authority to establish rules, regulations, and restrictions not inconsistent with law for the distribution of said funds or monies to the public libraries of the state and from time to time alter and amend the same.
Amended by Acts 1977, No. 347, §1, eff. July 10, 1977; Acts 1991, No. 938, §2.
The State Library of Louisiana is authorized to file any and all applications and make any and all reports and keep and render any and all accounts required or specified by federal law or regulation with reference to securing, administering, and using all such funds and monies for said purposes in the state of Louisiana.
Acts 1991, No. 938, §2.
The State Library of Louisiana may, with the approval of the federal government, enter into contractual agreements with surrounding states for library services to blind persons. Such agreements shall provide for the payment to the State Library of Louisiana of their proportionate share of the total cost of the service by the states receiving the service under the agreement. The State Library of Louisiana shall receive and retain all funds received, to be used to help defray the cost of the service in the foreign state.
Added by Acts 1956, No. 70, §1; Acts 1991, No. 938, §2.
Repealed by Acts 1983, No. 687, §7.
A. The legislature finds that self-improvement, self-government, and economic self-sufficiency for all Louisiana citizens can be gained through the power of knowledge, and libraries are an important and irreplaceable source of such knowledge. Accordingly, the legislature finds that:
(1) Louisiana citizens have a right to adequate information to meet their individual needs.
(2) Louisiana citizens have a right to have their informational needs met in a timely manner even if the material is not in their local library.
(3) Louisiana citizens have a right to physically accessible, functional, convenient, and well-equipped libraries.
(4) Louisiana citizens have a right to be able to locate and use all information sources available.
(5) Louisiana citizens have a right to a wide range of services provided by professionally trained librarians and support staff.
B. It is, therefore, the determination of the legislature that all citizens of Louisiana shall have convenient access to all library resources, facilities, and services. In order to provide such access and services it is essential that the funds be provided to assist libraries in meeting these needs. Therefore, it is the purpose of this Subpart to provide for the establishment of a program through which the State Library of Louisiana may receive monies to expand and enhance its collections of materials for statewide loan, and award monies to local public libraries to expand and enhance their resources and the use thereof.
Acts 1992, No. 210, §1.
The Louisiana Library Resources Program is established. The program shall be administered by the executive secretary (state librarian) of the State Library of Louisiana.
Acts 1992, No. 210, §1.
A. The executive secretary of the state library shall adopt and promulgate rules for the administration of the program established in this Subpart with the advice of the Board of Commissioners of the State Library of Louisiana. Such rules may establish procedures for submission of proposals, eligibility criteria, and guidelines and standards for the awarding of funds. All such rules shall be in accordance with the provisions of this Subpart.
B. Monies appropriated or otherwise made available to implement this Subpart shall be used for the improvement of the collections of the State Library of Louisiana and local public library resources, including the following purposes:
(1) To strengthen the central collections of the State Library of Louisiana.
(2) To strengthen the collections of individual public libraries.
(3) To encourage and enable the sharing of resources between libraries.
(4) To develop library collections to meet the needs of specific groups of underserved citizens or citizens without service, such as persons with disabilities, persons who are elderly, or persons with limited language skills.
(5) To provide training of staff to maximize collection use.
(6) To provide training programs for public use of library resources.
(7) To acquire equipment and technology for data location and access.
(8) To encourage adequate financing of libraries from local sources; therefore, monies distributed to local public libraries shall supplement but shall not supplant local funds.
Acts 1992, No. 210, §1; Acts 2014, No. 811, §13, eff. June 23, 2014.
§§61 to 67 Repealed by Acts 1985, No. 905, §2.
§§68 to 70 Repealed by Acts 1980, No. 368, §3, eff. July 18, 1980
The Law Library of Louisiana domiciled in the Parish of Orleans and located in the Civil Courts Building in the City of New Orleans shall be under the direct control and supervision of the Supreme Court of Louisiana which is authorized, under such rules as it may adopt, to prescribe the necessary regulations concerning the maintenance, upkeep, and operation thereof, as well as necessary regulations and restrictions relative to the services to be rendered thereby.
Added by Acts 1954, No. 409, §1.
Repealed by Acts 1972, No. 683, §1
A. Notwithstanding any other provision of law to the contrary, the director of the Law Library of Louisiana may sell or exchange surplus movable property, provided that all proceeds realized from any sale or exchange shall be applied to the purchase of books, periodicals, manuscripts, papers, or any other research material for the Law Library of Louisiana.
B. For purposes of this Section, "surplus movable property" means any duplicate, superseded, obsolete or otherwise unnecessary book, periodical, manuscript, paper, or other research material in the possession of the Law Library of Louisiana.
Acts 1986, No. 610, §1.
The books, periodicals, manuscripts or other papers in the possession of the Law Library of Louisiana or which may be subsequently acquired by it shall be the property of the state of Louisiana.
Added by Acts 1954, No. 409, §1.
All appropriations made by the legislature to the Law Library of Louisiana, whether general or special, shall be drawn on the warrant of the Chief Justice of the Supreme Court or any person designated by him.
Added by Acts 1954, No. 409, §1.
Freedom of access to public documents is a basic right of citizenship. Therefore, it is the policy of the state of Louisiana that state public documents shall be made available to the public. In order to obtain maximum efficient distribution and maximum availability of these documents, a depository system is hereby established.
Amended by Acts 1981, No. 906, §1.
As used in this Chapter, the following terms shall have the following meanings unless the context clearly indicates otherwise:
(1) "Public document" means informational matter, for public distribution regardless of format, method of reproduction, source, or copyright, originating in or produced with the imprint of, by the authority of, or at the total or partial expense of, any state agency. Correspondence and inter-office or intra-office memoranda and records of an archival nature are excluded.
(2) "State agency" means an office, department, board, bureau, commission, council, institution, college or university, division, officer, or other person or group within the executive, judicial, or legislative branch of state government that is authorized to exercise or that exercises any of the functions of the government of the state of Louisiana.
(3) "Depository" means an institution which contracts with the state librarian to participate in the public document depository system.
Added by Acts 1981, No. 906, §1.
A. The state librarian shall be responsible for establishing a system of depositories for state public documents, and for the deposit and distribution of state public documents to the depositories.
B. The state librarian shall adopt and promulgate rules and regulations, and enter into agreements with depositories, as necessary to implement the provisions of this Chapter.
Amended by Acts 1981, No. 906, §1.
A. The provisions of this Chapter shall be implemented and administered, under the supervision of the state librarian, by the recorder of documents, who shall be a graduate of an accredited school of library science.
B. Duties of the recorder of documents include:
(1) Preparation and distribution of the official bibliography of Louisiana public documents.
(2) Prompt transmission to the depositories of public documents received from state agencies in any format.
(3) Provision of bibliographical and practical assistance to the depositories in maintaining, developing, classifying, and utilizing their collections.
(4) Provision of information and assistance to state agencies in their efforts to comply with depository law and regulations.
(5) Provision of information to citizens about the public document depository system.
(6) Assessment of compliance of depositories and agencies with depository law and regulations, and provision of recommendations to the state librarian.
C. In addition, the recorder of documents may send copies of state documents to the office of state archives and to selected national and foreign libraries, including the Library of Congress.
Amended by Acts 1981, No. 906, §1; Acts 2001, No. 893, §1.
A. Each state agency shall furnish to the recorder of documents, upon release, copies of public documents to meet the needs of the depository system.
B. The head of each state agency shall designate a liaison officer and shall notify the recorder of documents of the appointment.
C. The liaison officer shall submit semiannually to the recorder of documents a complete list of his agency's public documents.
D. The liaison officer shall insure the delivery of these documents as issued.
Amended by Acts 1981, No. 906, §1; Acts 2001, No. 893, §1.
A. The State Library of Louisiana and Louisiana State University Library at Baton Rouge are hereby designated complete public document depositories. Other Louisiana libraries may request complete public document depository status.
B. Libraries, including those in state agencies and other institutions, may contract with the state librarian to become depositories.
C. Each historical, complete, and selective depository shall agree to make public documents accessible to the public, and to render free service in their use. All depositories shall abide by the rules and regulations promulgated by the state librarian. Extended noncompliance with the contract provisions shall result in the loss of depository status.
Added by Acts 1981, No. 906, §1; Acts 1991, No. 938, §2; Acts 2001, No. 893, §1.
A. The secretary of state shall deliver to the law library of Louisiana State University and Agricultural and Mechanical College the following public documents, not later than ninety days after they are printed from time to time: three copies of the Acts of the legislature, two copies of the journals of each house of the legislature, and two copies of the proceedings of any constitutional convention.
B. In any contract which the Supreme Court may make for the printing of the supreme court reports, provision shall be made that the printer thereof shall deliver to the law library of Louisiana State University and Agricultural and Mechanical College, without charge, fifty copies of each volume thereof within a reasonable time after printing.
C. The law library of the Louisiana State University and Agricultural and Mechanical College shall exchange the public documents received pursuant to this Section for publications relating to government useful to students of public law and to public officials and shall catalogue such material so as to make it serviceable to members of the legislature.
Acts 1987, No. 224, §1; Acts 2010, No. 596, §2; Acts 2015, No. 383, §2, eff. July 1, 2015.
The secretary of state shall deliver to the secretary of the Senate and the clerk of the House of Representatives ten copies each of the following public documents as soon as practicable after they are printed from time to time: (1) the roster of officials, (2) the constitution, (3) supplements to the constitution, (4) proposed constitutional amendments, and (5) compilations of laws.
Added by Acts 1962, No. 238, §1; Acts 1987, No. 224, §1.
A. In order to merge and consolidate into one department, under authority of Section 32 of Article III of the Constitution of 1921, the executive and administrative offices of the state of Louisiana whose duties and functions are of a similar nature or character, the State Archives and Records Commission and the State Archives and Records Service as created and provided for by the constitution and laws of Louisiana is hereby merged and consolidated into the office of the secretary of state, which hereafter shall exercise the administrative functions of the state now or hereafter authorized to be exercised by the constitution and laws in relation to the administration, management and operation of the functions, programs and facilities of the State Archives and Records Commission and the State Archives and Records Service.
B. By authority of Section 32 of Article III of the Constitution of 1921, the State Archives and Records Commission and the State Archives and Records Service is hereby transferred to the secretary of state, and all of the functions, programs and operations of every kind of the State Archives and Records Commission and the State Archives and Records Service hereafter shall be exercised and performed by the secretary of state.
C. Under the transfer of functions provided for by this section, any pending or unfinished business of the commission and service shall be taken over and be completed by the secretary of state with the same power and authority as was exercised by the commission and director of the State Archives and Records Service. The secretary of state shall be the successor in every way to the commission and service, and every act done in the exercise of such functions by the secretary of state shall be deemed to have the same force and effect under any provisions of the constitution and laws in effect on the effective date of this section, as if done by the office from which such functions are transferred.
D. Whenever the commission or service is referred to or designated by the constitution or by any law or contract or other document, such reference or designation hereafter shall be deemed to apply to the secretary of state, and the legislature hereby specifically states that the provisions of this Section are in no way and to no extent intended to, nor shall they be construed in any manner which will impair the contractual obligations of the commission or service heretofore existing, or of the state of Louisiana.
E. All books, papers, records, money, choses in action and other property heretofore possessed, controlled or used by the commission or service in the exercise of functions hereby transferred are hereby transferred to the secretary of state.
F. All employees heretofore engaged in the performance of duties, in the State Archives and Records Service, in the exercise of functions transferred by this section to the secretary of state shall be transferred with such functions to the office of secretary of state to the full extent practicable to carry out the purposes of this Section and shall, so far as practicable, continue to perform the duties heretofore performed, subject to the state civil service law.
G. The merger and consolidation of offices and functions herein provided shall be effective on and after January 1, 1973; provided, however, that to effect an orderly transfer of such offices and functions the following procedure shall be effected, to wit:
(1) Not later than September 15, 1972, the State Archives and Records Commission, together with the director of the State Archives and Records Service, herein merged and consolidated shall transmit to the governor, division of administration and the secretary of state such information as may be necessary to effect plans for such consolidation and merger of offices as may be prescribed by the commissioner of administration, including but not limited to the following: (a) a complete list of all personnel, their salaries and job descriptions; (b) a complete inventory of all furniture, fixtures and equipment of every kind and description whatsoever; (c) all financial and bookkeeping records of the commission and service; (d) a summary of all floor space in state office buildings then being utilized.
(2) The secretary of state shall prepare and transmit to the governor and division of administration a "transition plan for consolidation" not later than November 1, 1972. This plan shall include a detailed procedure for the consolidation and merger of offices and functions, including the transfer and utilization of jobs, personnel, funds, office space and equipment, and such other information as the governor may require.
H. All monies appropriated to, dedicated to or otherwise realized through any source whatsoever by the State Archives and Records Commission and the State Archives and Records Service herein being merged and consolidated, shall be, upon the effective date of consolidation, transferred to the secretary of state and thereafter the disbursement of and accountability for said funds shall be the responsibility of the secretary of state.
Added by Acts 1972, No. 691, §1.
A. The legislature recognizes that reading is the foundation of all learning. It is the purpose of this Section to provide greater access to that foundation to the citizens of Louisiana by utilizing unused library books to improve reading achievement in the early grades and to improve literacy among adults. It is intended that the library book dispositions provided pursuant to this Section complement all reading initiatives and other literacy efforts being made by the state of Louisiana to meet the demands of higher literacy among our citizens.
B.(1) Notwithstanding any other provision of law to the contrary, each public library in the state of Louisiana may dispose of any superseded, obsolete, unused, or otherwise unnecessary book by permitting it to be claimed as provided in Paragraph (2) of this Subsection.
(2) If a library book has been out of use for over a year, a public library may, with the approval of the appropriate governing board, dispose of such book by making it available to be claimed by any hospital, correctional facility, public or private institution, nonprofit organization, adult education program, youth organization, school, or any individual for private use free of charge.
(3)(a) The Webster Parish Library, subject to the approval of the Webster Parish Library Board of Control, may sell any superseded, obsolete, or otherwise unnecessary book in the possession of the library to any hospital, correctional facility, public or private institution, nonprofit organization, adult education program, youth organization, school, or individual.
(b) The proceeds collected from the sale of library books pursuant to Subparagraph (a) of this Paragraph shall be remitted to the Webster Parish Library Board of Control and shall be used exclusively for the maintenance, operation, and support of the Webster Parish Library.
(4)(a) The Calcasieu Parish Library, subject to the approval of the Calcasieu Parish Library Board of Control, may sell any superseded, obsolete, or otherwise unnecessary book in the possession of the library to any hospital, correctional facility, public or private institution, nonprofit organization, adult education program, youth organization, school, or individual.
(b) The proceeds collected from the sale of library books pursuant to Subparagraph (a) of this Paragraph shall be remitted to the Calcasieu Parish Library Board of Control and shall be used exclusively for the maintenance, operation, and support of the Calcasieu Parish Library.
(5)(a) The Livingston Parish Library, subject to the approval of the Livingston Parish Library Board of Control, may sell any superseded, obsolete, or otherwise unnecessary book in the possession of the library to any hospital, correctional facility, public or private institution, nonprofit organization, adult education program, youth organization, school, or individual.
(b) The proceeds collected from the sale of library books pursuant to Subparagraph (a) of this Paragraph shall be remitted to the Livingston Parish Library Board of Control and shall be used exclusively for the maintenance, operation, and support of the Livingston Parish Library.
C.(1) A public library seeking to dispose of books as provided in Paragraph (B)(2) of this Section shall do so by making all such books available to be selected for ownership in a convenient location in the library.
(2) The Webster Parish Library may dispose of books as provided in Paragraph (B)(3) of this Section by making such books available for purchase at a convenient location to be determined by the Webster Parish Library Board of Control.
(3) The Calcasieu Parish Library may dispose of books as provided in Paragraph (B)(4) of this Section by making such books available for purchase at a convenient location to be determined by the Calcasieu Parish Library Board of Control.
(4) The Livingston Parish Library may dispose of books as provided in Paragraph (B)(5) of this Section by making such books available for purchase at a convenient location to be determined by the Livingston Parish Library Board of Control.
D. As used in this Section, "public library" shall include the State Library of Louisiana, any parish or municipal library, and any college or university or school library.
Acts 1999, No. 682, §1, eff. July 1, 1999; Acts 2005, No. 15, §1, eff. July 1, 2005; Acts 2012, No. 80, §1, eff. July 1, 2012; Acts 2018, No. 36, §1.
The governing authority of any parish or municipal corporation, the City of New Orleans and Parish of Orleans excepted, may of its own initiative create, establish, equip, maintain, operate and support a public library in such parish or municipality and shall create, establish, equip, maintain, operate and support such a public library when not less than twenty-five per cent of the duly qualified property taxpayers resident in such parish or municipality shall petition the governing authority thereof to establish such a public library for such parish or municipality. Provided that two or more parishes may join in the establishment of a public library to be supported and maintained by them jointly in the proportions as may be determined by the police juries of the respective parishes or other governing authority; and provided that a parish and one or more municipal corporations may jointly establish, maintain and operate a public library; and provided also one parish or municipality may contract with another parish or municipality to furnish library service upon such terms and conditions and for such considerations as the governing authorities concerned may stipulate and agree by written contract pursuant to ordinances duly passed by them.
A public library under this Part shall be created by an ordinance regularly passed and adopted by the police jury of the parish, or other governing authority thereof, and the municipal council or other governing authority of such municipality. All parish libraries shall be established at the parish seat and the municipal libraries within the corporate limits of the municipality so creating and establishing them. Provided that branch libraries may be established and maintained by either a parish or municipal library as the public demands require.
Notwithstanding R.S. 42:267 or any other law to the contrary, the governing authority of Allen Parish may name a plaza at a branch library in the parish in honor of a living person who was instrumental in establishing the parish library; served on the American Library Association Board; and served as a member of the parish library board of control.
Acts 2007, No. 117, §1, eff. June 25, 2007.
The governing authority of St. Tammany Parish may name the Madisonville branch library in honor of Peter L. "Pete" Gitz.
Acts 2017, No. 77, §1.
A. For the purpose of acquiring sites or erecting buildings thereon or additions thereto, including furniture, fixtures, and equipment, for public libraries, the governing authority of the parish or municipality, as the case may be, may:
(1) Anticipate the revenues of the parish or municipality and issue bonds or certificates based thereon, as provided by law;
(2) Issue negotiable bonds and thereafter levy and collect taxes to pay and retire the same, if so authorized by the vote of the property taxpayers voting at an election to be called and held for that purpose in the manner provided by law; or
(3) Levy a special tax as provided by Article VI, Section 32 of the Constitution of Louisiana and by law.
B. Notwithstanding any other provision of law to the contrary and in particular R.S. 25:217(A), the governing authorities of the parishes of St. Charles, St. John the Baptist, Lafayette, Bienville, Red River, Pointe Coupee, and Ascension may authorize their respective library boards of control to use a portion of the millage dedicated for maintenance and support of the public library as provided in R.S. 25:217(A) for any of the purposes set forth in Subsection A of this Section.
C. Notwithstanding any other provision of law to the contrary and in particular R.S. 25:217(A), the governing authority of Livingston Parish may authorize its library board of control to use a portion of the millage dedicated for maintenance and support of the public library as provided in R.S. 25:217(A), not to exceed two hundred fifty thousand dollars, for the purpose of acquiring sites or erecting or renovating buildings thereon or additions thereto, including furniture, fixtures, and equipment, for a public library or libraries within Livingston Parish.
D. Notwithstanding any other provision of law to the contrary and in particular R.S. 25:217(A), the governing authority of Webster Parish may authorize the Webster Parish Library Board of Control to use surplus funds derived from the millage dedicated for maintenance and support as provided in R.S. 25:217, and surplus funds from revenue sharing, charges for photocopies, lost books and book fines, interest on tax and revenue funds, and memorial gifts, not to exceed three hundred thousand dollars, for the purpose of acquiring sites or erecting or renovating buildings thereon or additions thereto, including furniture, fixtures, and equipment, for a public library in the city of Minden.
E. Notwithstanding any other provision of law to the contrary and in particular R.S. 25:217(A), the governing authority of Winn Parish may authorize its library board of control to use a portion of the millage dedicated for maintenance and support of the public library as provided in R.S. 25:217(A), for the purpose of acquiring sites or erecting or renovating buildings or performing capital improvements on existing buildings thereon or additions thereto, including furniture, fixtures, and equipment, for a public library or libraries within Winn Parish.
F.(1) Notwithstanding any other provision of law to the contrary and in particular R.S. 25:217(A), the governing authority of St. Tammany Parish may authorize its library board of control to use a portion of the millage dedicated for maintenance and support of the public library as provided in R.S. 25:217(A), for the purpose of renovating buildings or performing capital improvements on existing buildings thereon or additions thereto, including furniture, fixtures, and equipment, for a public library or libraries within St. Tammany Parish.
(2) The governing authority may also authorize the library board of control to use a portion of the millage for the purpose of acquiring sites or erecting buildings including furniture, fixtures and equipment for a public library within the parish, after a site and preparation plan has been presented to the public and approved by a majority of the library board of control members.
Amended by Acts 1954, No. 92, §1; Acts 1974, No. 507, §1; Acts 1985, No. 214, §1, eff. July 6, 1985; Acts 1985, No. 680, §1, eff. July 16, 1985; Acts 1987, No. 664, §1, eff. July 9, 1987; Acts 1988, No. 389, §1, eff. July 10, 1988; Acts 1989, 1st Ex. Sess., No. 7, §1, eff. March 13, 1989; Acts 1989, No. 518, §1, eff. July 1, 1989; Acts 1993, No. 22, §1; Acts 1993, No. 308, §1; Acts 2003, No. 804, §1; Acts 2007, No. 161, §1.
A. The governing authority of the municipality shall, in the ordinance creating a public library, name and appoint five citizens of the municipality as a board of control for such public library to serve for terms of one, two, three, four, and five years, the successors of whom shall each be appointed for a term of five years. The mayor of the municipality shall be ex officio, a member of the board of control of such public library, provided however that he shall have the right to designate another member of the governing authority of the municipality to serve in his place and stead on the board of control of such public library.
B. The governing authority of the parish shall, in the ordinance creating a public library, name and appoint, at its option, not less than five citizens nor more than seven citizens of the parish as a board of control for such parish library to serve for terms of one, two, three, four, and five years, the successors of whom shall each be appointed for a term of five years. The president of the police jury shall be ex officio, a member of the board of control for such public library, provided however that the president of the police jury shall have the right to designate another member of the governing authority of the parish to serve in his place and stead on the board of control of such public library.
C. The provisions of this Section shall not apply to the parish of Orleans.
D. The provisions of R.S. 33:1415(A) shall apply to the appointment of all members of the boards of control created pursuant to Subsections A and B of this Section.
Amended by Acts 1974, No. 208, §1; Acts 1978, No. 368, §1; Acts 2024, No. 647, §1.
A.(1) The governing authority of each parish to which this Section applies may compensate members of the parish library board of control for attendance at board meetings and may reimburse members for travel to and from board meetings and for out-of-parish travel required in carrying out their duties as board members.
(2) In each parish to which this Section applies, the members of the library board of control may:
(a) Receive a per diem established by the parish governing authority in an amount not to exceed fifty dollars for each regular or special meeting attended for not more than fifteen meetings in one calendar year.
(b) Be reimbursed on a vouchered basis for expenses incurred in attending meetings or otherwise performing services for the board.
(3) The per diem and reimbursements shall be paid by the parish governing authority out of funds appropriated or otherwise made available for those purposes.
B. This Section applies to Assumption Parish and Cameron Parish.
Acts 1985, No. 366, §1; Acts 1985, No. 1001, §1; Acts 2023, No. 111, §1.
A. Notwithstanding any other provision of this Chapter to the contrary, the Rapides Parish Police Jury is authorized to appoint two additional members to the Rapides Parish Library Board of Control.
B. The commissioners appointed pursuant to this Section shall cause the representation on the board to reflect the representation of the nine police jury districts and shall be appointed to serve for terms of one, two, three, and four years, respectively, but thereafter, each commissioner shall be appointed for a term of five years, except that vacancies occurring otherwise than by the expiration of their term shall be filled for the unexpired term in the same manner as the original appointment.
Acts 1989, No. 98, §1.
A. Notwithstanding any other provision of this Chapter to the contrary, the Lincoln Parish Police Jury is authorized to appoint two additional members to the Lincoln Parish Library Board of Control.
B. The library board of control members appointed pursuant to this Section shall cause the representation of the board to reflect the makeup of the parish population and shall be appointed to serve for a term of three and four years respectively, but thereafter, each board member shall be appointed for a term of five years, except that vacancies occurring otherwise than by the expiration of their term shall be filled for the unexpired term in the same manner as the original appointment.
Acts 2001, No. 784, §1.
A. Notwithstanding any other provision of this Chapter to the contrary, the Vermilion Parish Police Jury is authorized to appoint one additional member to the Vermilion Parish Library Board of Control.
B. The library board of control member appointed pursuant to this Section shall cause the representation of the board to reflect the make-up of the parish minority population and shall be appointed to serve for an initial term of three years and thereafter the board member shall be appointed for a term of five years, except that a vacancy occurring otherwise than by the expiration of his term shall be filled for the unexpired term in the same manner as the original appointment.
C. Repealed by Acts 2015, No. 279, §1.
Acts 2006, No. 625, §1, eff. Jan. 1, 2007; Acts 2015, No. 279, §1.
A. Notwithstanding any other provision of law to the contrary, the governing authority of the parish of Livingston shall appoint nine citizens to serve as the members of the Livingston Parish Library Board of Control. The president of the parish governing authority shall be an ex officio member of the board. However, the president may designate another member of the parish governing authority to serve in his stead on the library board of control.
B. The additional members appointed pursuant to Subsection A of this Section shall serve initial terms as determined by the parish governing authority not to exceed five years. The successors of any such members shall serve five-year terms.
C. Vacancies occurring prior to the expiration of a term shall be filled in the manner of the original appointment for the remainder of the unexpired term.
D. Members are eligible for reappointment.
Acts 2023, No. 359, §1.
A. The members of the Allen Parish Library Board of Control may receive a per diem paid from funds of the Allen Parish Library for their attendance at regular or special meetings of the board.
B. Members of the board may receive a per diem in an amount not to exceed one hundred dollars, and the president of the board may receive a per diem in an amount not to exceed one hundred fifty dollars.
Acts 2024, No. 472, §1.
A.(1) The board of control shall meet and organize immediately after its appointment and annually thereafter and elect a president, vice-president, secretary, and treasurer, whose duties shall be those customarily exercised by such officers. The board of control shall have authority to establish rules and regulations for its own government and that of the library not inconsistent with law and to elect and employ a librarian, and, upon the recommendation and approval of the latter, to employ assistant librarians and other employees and fix their salaries and compensation. No contract of employment shall be made for a longer period than four years nor with any person as head librarian who has not been certified by the State Board of Library Examiners as provided in R.S. 25:222. The head librarian may be appointed or elected secretary of the board of control.
(2) In addition to librarians as provided in Paragraph (1) of this Subsection, the board of control may hire a library director and establish qualifications for the position. The board of control may but is not required to provide that a certificate or permit from the State Board of Library Examiners is a qualification for the library director position. The board of control may provide that the library director shall serve as the head librarian. The requirement in Paragraph (1) of this Subsection for certification by the State Board of Library Examiners is not applicable to a head librarian who is also serving as a library director.
B.(1) The administration of and accounting functions of the St. John the Baptist Parish Library Fund are hereby transferred from the St. John the Baptist Police Jury to the St. John the Baptist Parish Library Board of Control, effective February 1, 1979.
(2) The administration of and accounting functions for funds of the Morehouse Parish Library are hereby transferred from the Morehouse Parish Police Jury to the Morehouse Parish Library Board of Control, effective January 1, 1983.
(3) The administration of and accounting functions for the funds of the Rapides Parish Library are hereby transferred from the Rapides Parish Police Jury to the Rapides Parish Library Board of Control, effective January 1, 1984.
(4) The administration of and accounting functions for funds of the Bienville Parish Library are hereby transferred from the Bienville Parish Police Jury to the Bienville Parish Library Board of Control, effective January 1, 1984.
(5) The administration of and accounting functions for funds of the Sabine Parish Library are hereby transferred from the Sabine Parish Police Jury to the Sabine Parish Library Board of Control, effective January 1, 1985.
(6) The administration of and accounting functions for funds of the Franklin Parish Library are hereby transferred from the Franklin Parish Police Jury to the Franklin Parish Library Board of Control, effective January 1, 1987.
(7) The administration of and accounting functions for funds of the West Carroll Parish Library are hereby transferred from the West Carroll Parish Police Jury to the West Carroll Parish Library Board of Control.
(8) The administration of and accounting functions for funds of the Tangipahoa Parish Library may be transferred from the Tangipahoa Parish Council to the Tangipahoa Parish Library Board of Control, at the option and in the discretion of said Board of Control.
(9) The administration of and accounting functions for funds of the St. Tammany Parish Library may be transferred from the St. Tammany Parish Police Jury to the St. Tammany Parish Library Board of Control, at the option and in the discretion of said Board of Control.
(10) The administration of and accounting functions for funds of the Beauregard Parish Library are hereby transferred from the Beauregard Parish Police Jury to the Beauregard Parish Library Board of Control.
(11) The administration of and accounting functions for funds of the St. Mary Parish Library may be transferred from the St. Mary Parish Council to the St. Mary Parish Library Board of Control, at the option and in the discretion of said board of control.
(12) The administration of and accounting functions for funds of the Allen Parish Libraries may be transferred from the Allen Parish Police Jury to the Allen Parish Libraries Board of Control at the option and in the discretion of said board of control.
(13) The administration of and accounting functions for funds of the DeSoto Parish Library are hereby transferred from the DeSoto Parish Police Jury to the DeSoto Parish Library Board of Control.
(14) The administration of and accounting functions for funds of the Caldwell Parish Library are hereby transferred from the Caldwell Parish Police Jury to the Caldwell Parish Library Board of Control.
(15) The administration of and accounting functions for funds of the Concordia Parish Library are hereby transferred from the Concordia Parish Police Jury to the Concordia Parish Library Board of Control. Except as provided in this Paragraph, the Concordia Parish Police Jury shall continue to provide for the maintenance, operation, and support of the Concordia Parish Library as otherwise provided by general or local law.
(16) The administration of and accounting functions for funds of the Vermilion Parish Library are hereby transferred from the Vermilion Parish Police Jury to the Vermilion Parish Library Board of Control.
(17) The administration of and accounting functions for funds of the Acadia Parish Library are hereby transferred from the Acadia Parish Police Jury to the Acadia Parish Library Board of Control.
(18) The administration of and accounting functions for funds of the Pointe Coupee Parish Library are hereby transferred from the Pointe Coupee Parish governing authority to the Pointe Coupee Parish Library Board of Control.
C. The St. John the Baptist Parish Library Board of Control may fix and pay a per diem to the members of the board not to exceed fifty dollars per meeting.
Amended by Acts 1978, No. 229, §1; Acts 1982, No. 238, §1, eff. Jan. 1, 1983; Acts 1983, No. 52, §1, eff. Jan. 1, 1984; Acts 1983, No. 488, §1, eff. Jan. 1, 1984; Acts 1984, No. 553, §1, eff. Jan. 1, 1985; Acts 1986, No. 923, §1; Acts 1987, 143, §1, eff. June 18, 1987; Acts 1988, No. 27, §1, eff. Jan. 1, 1989; Acts 1988, No. 726, §1, eff. Sept. 1, 1988; Acts 1993, No. 209, §1; Acts 1996, 1st Ex. Sess., No. 51, §1, eff. May 7, 1996; Acts 2000, 1st Ex. Sess., No. 23, §1; Acts 2004, No. 234, §1, eff. July 1, 2004; Acts 2004, No. 414, §1, eff. July 1, 2004; Acts 2005, No. 22, §1, eff. July 1, 2005; Acts 2006, No. 276, §1, eff. Jan. 1, 2007; Acts 2010, No. 240, §1, eff. Jan. 1, 2011; Acts 2017, No. 192, §1; Acts 2024, No. 647, §1.
The president of the board of control and the librarian of every public library established and maintained under this Part shall make annual reports to the State Library of Louisiana giving such statistics and other information as may be required by it, such reports to be made at such time and on such blanks or forms as the State Library of Louisiana may require and provide. The governing authority of the parish or municipality establishing the public library and creating the board of control may also require reports annually or quarterly or both of the board or its president.
Acts 1991, No. 938, §2.
A. The governing authority of a parish or municipality establishing a library under the provisions of this Part may on its own initiative and shall, when requested by a petition of not less than twenty-five percent of the duly qualified property taxpayers resident, submit to the property taxpayers a proposition to vote a special tax, as provided by the constitution and laws of this state, for the maintenance and support of such public library and its branches. This tax, if voted, shall be levied and assessed annually as authorized by the voters and collected and used exclusively for the support and maintenance of the public library, except as provided in R.S. 25:213(B).
B. In all cases where a public library is jointly established and maintained, each parish and municipal corporation concerned shall contribute its pro rata or equitable share of the costs and expenses. Each such corporation shall be as nearly as possible equally represented on the board of control, and the presiding officer of each governing authority shall be an ex officio member of the board.
C. Parishes or municipalities receiving library service from another parish or municipality may contract and pay for the same either out of general funds or out of special funds voted, levied, and collected for that purpose. The parish or municipality receiving such funds for such service shall use and expend the funds for library purposes only.
Acts 1985, No. 214, §1, eff. July 6, 1985; Acts 1985, No. 680, §1, eff. July 16, 1985.
Notwithstanding any provision of law to the contrary, no funds from any tax levied or assessment or charge imposed pursuant to this Chapter on behalf of the DeSoto Parish library shall be diverted for use by any other entity or for any other purposes than those of such parish library.
Acts 2003, No. 263, §1, eff. June 10, 2003.
The costs of establishing and maintaining a parish public library shall be borne by the entire parish including the incorporated towns therein and all taxes levied and assessed, whether general or special, for the establishment, support and maintenance of such parish public library shall be borne proportionately by all of the property of the parish including that within incorporated municipalities, unless in the ordinance creating the parish public library the municipality is expressly excluded because of its exemption from parochial taxation or because such municipality owns, maintains and operates its own public library, and in such cases will not be entitled to library service, except upon such terms and conditions as may be agreed upon as provided in R.S. 25:211. Nor shall the residents or taxpayers of such excluded municipality be counted in making up the number of petitioners required in R.S. 25:211 and 25:217.
Municipalities already owning and maintaining public libraries may consolidate the same with the parish public library, either the head library, if located in the parish seat, or a branch library, if located elsewhere in the parish, upon such terms and conditions as may be agreed upon between the governing authorities of the parish and municipality affected by ordinances regularly and legally passed and adopted evidencing such a merger and consolidation; provided that in all cases where the municipality has bound or obligated itself to maintain and support the public library, in order to keep inviolate any trust, gift or bequest for such purposes, the parish into which such municipal library is merged shall assume and become responsible for the faithful performance of the obligation and the execution of the trust assumed by the municipality.
The expenses or costs of maintenance of a public library established under this Part, including the salaries of librarian, assistants, and other employees as well as all other incidental expenses, shall be paid monthly by the governing authority establishing the library, upon the approval of such expenses and maintenance costs by the board of control of such library, out of the funds specially budgeted from the general fund for library purposes and, in default thereof, out of the special taxes voted, levied and collected by the governing authority for the library's support and maintenance. The board of control may delegate to the president or one of its members the duty of approving such monthly expenses and maintenance costs.
Amended by Acts 1958, No. 425, §1.
The parish governing authority of any parish may exercise budgetary and fiscal control over any public library created by the respective parish governing authority. Budgetary and fiscal control shall include the authority of the parish governing authority to approve, disapprove, or amend a budget adopted by the respective library board of control and shall also include those powers specifically granted to the parish governing authority pursuant to R.S. 33:1415(B). The parish governing authority shall comply with the provisions of the Local Government Budget Act, R.S. 39:1301 et seq., in exercising the powers of budgetary and fiscal control authorized in this Section.
Acts 2024, No. 736, §1, eff. July 1, 2024.
The board of control of every public library created and maintained under the provisions of this Part may receive and accept unconditional gifts, donations and contributions from individuals and corporations, but no gifts or donations conditionally made shall be accepted without the approval of the governing authority of the parish or municipality creating the public library. All moneys, property, and other things of value given or contributed to a public library shall be turned over to the treasurer of the board of control and shall be expended or invested by the librarian with the approval of the board of control.
Notwithstanding any provision of this Part or other law to the contrary, the West Baton Rouge Parish Library Board of Control shall not spend any portion of the principal of the Judge Paul B. Landry, Jr. Memorial Fund, but may spend only the investment earnings of the fund.
Acts 2007, No. 25, §1.
A. There is created a State Board of Library Examiners to be composed of three members, all of whom must be experienced and trained librarians, appointed and chosen by the Board of Commissioners of the State Library of Louisiana for a term of four years who shall serve without pay. The members of the board shall meet and organize and elect one chairman and a secretary. The board of library examiners shall have authority to establish rules and regulations for its government and prescribe examinations, qualifications, conditions, and requirements for those seeking certificates or permits to practice the profession of librarian. The board shall hold at least one examination a year for the purposes of examining applicants for certificates as librarians at the office of the state library in Baton Rouge and may hold other examinations at other places in the state as may suit the convenience of the board and the applicants.
B. All applicants for the certificates as librarian shall be required to deposit and pay to the State Library of Louisiana a fee of five dollars; if the applicants are successful in the examination, they will be given a certificate by the board of examiners. All fees collected by the board shall be turned over by it to the State Library of Louisiana to defray the incidental expenses for certificates, traveling expenses, stationery, postage, and the like.
Acts 1991, No. 938, §2.
The board of library examiners shall report annually to the State Library of Louisiana furnishing such statistical information as may be required by it.
Acts 1991, No. 938, §2.
Notwithstanding R.S. 42:267 or any other law to the contrary, the governing authority of St. John the Baptist Parish may name the parish library's central branch in LaPlace in honor of Norris Butch Millet Sr., a living person who has served on the St. John the Baptist Parish Library Board of Control since 1966 and is a past board president and vice president.
Acts 2017, No. 168, §1.
A. The legislature recognizes the fundamental right of parents to make decisions as to the care, custody, and control of their children. This fundamental right includes the right to decide the upbringing and education of children under their control. Parents have the right to guide and direct the reading, listening, and viewing choices of their minor children. Many libraries lack adequate policies addressing the access of minors to sexually explicit materials. In furtherance of this fundamental right, it is the intent of the legislature to require libraries to adopt and implement policy language to limit the access of minors to sexually explicit materials.
B. As used in this Section, the following terms shall have the following meanings:
(1) "Digital content" means any book, e-book, audiobook, video book, essay, newspaper, magazine, film, or any other library material that is provided in a digital format.
(2) "Library patron" means a person residing in the parish in which the parish or municipal library is located who has reached the age of majority and who holds a library card from the library.
(3) "Sexual conduct" means any of the following:
(a) Masturbation or lewd exhibition, actual, simulated, or animated, of the genitals, pubic hair, anus, vulva, or female breast nipples.
(b) Sadomasochistic abuse, meaning actual, simulated, or animated, flagellation, or torture by or upon a person who is nude or clad in undergarments or in a costume that reveals the pubic hair, anus, vulva, genitals, or female breast nipples, or in the condition of being fettered, bound, or otherwise physically restrained, on the part of one so clothed.
(c) Actual, simulated, or animated touching, caressing, or fondling of, or other similar physical contact with, a pubic area, anus, female breast nipple, covered or exposed, whether alone or between humans, animals, or a human and an animal, of the same or opposite sex, in an act of apparent sexual stimulation or gratification.
(d) Actual, simulated, or animated stimulation of a human genital organ by any device whether or not the device is designed, manufactured, or marketed for that purpose.
(e) Actual, simulated, or animated ultimate sexual acts, whether between human beings, animals, or a human being and an animal.
(4) "Sexually explicit material" means textual, visual, or audio material, produced in any medium, that depicts or describes sexual conduct.
C.(1) No later than January 1, 2024, each library established pursuant to the provisions of this Part or pursuant to the authority of a home rule charter as provided in Article VI, Section 5 of the Constitution of Louisiana shall adopt a policy to limit the access of minors to sexually explicit material. No later than June 1, 2024, each library shall implement the adopted policy.
(2) The policy shall include, at a minimum, all of the following:
(a) A requirement that community standards for the population served by the library be considered when acquiring library material that would be accessible to a minor through donation or purchase. However, nothing in this Section shall limit the acquisition of material by a library that implements the system provided for in Subparagraph (b) of this Paragraph.
(b) A library card system that requires a minor's parent or guardian to select whether the minor is permitted to check out sexually explicit material physically available in the library. The provision of this Subparagraph shall be satisfied by either of the following:
(i) A library card that restricts a minor from checking out any library material in a collection that the library board of control has, through majority vote in an open meeting, identified as containing sexually explicit material pursuant to a request for reconsideration.
(ii) A library card that restricts a minor from checking out any library material that the library board of control has, through majority vote in an open meeting, identified as sexually explicit material pursuant to a request for reconsideration.
(c) A library card system that requires a minor's parent or guardian to select whether the minor is permitted to check out digital content. The library shall list in the library's policy each digital content source accessible by a minor that contains library material accessible for checkout that the library board of control has, through majority vote in an open meeting, identified as sexually explicit material pursuant to a request for reconsideration.
(d) A procedure that allows a library patron to request the reconsideration of whether a library material should be included in a library collection accessible to a minor. The procedure shall, at a minimum, include all of the following items:
(i) A process to review a reconsideration request made by a library patron. The review process shall include but is not limited to a written determination approving or denying the request, notification to the library patron making the request of the written determination, and the process to appeal the determination to the library board of control.
(ii) A requirement that a request for reconsideration of a library material that may include sexually explicit material be reviewed by the library board of control. The library board of control shall determine whether the library material meets the definition of sexually explicit material by majority vote in an open meeting.
(3) The adoption of the policy required by this Subsection may be by amendment to an existing library policy. The policy required by this Subsection may adopt the definitions in Subsection B of this Section by reference.
D. Nothing in this Section shall be construed to impose liability on an employee or agent of a library or a member of the library board of control.
E.(1) The governing authority of a parish or municipality with a library that fails to adopt and implement a policy required by Subsection C of this Section may withhold, during the period of noncompliance, the payments required by R.S. 25:220. The governing authority shall provide the library board of control sixty days' written notice prior to withholding any payments pursuant to this Paragraph.
(2) The State Bond Commission shall not consider any application authorizing the incurrence of debt or any application authorizing the levy of any tax where the proceeds of the debt or tax directly benefit a library that fails to adopt and implement the policy required by Subsection C of this Section until the library adopts and implements the policy.
Acts 2023, No. 436, §1.
The Armand J. Brinkhaus, Sr., South St. Landry Community Library District is hereby created within the boundaries of St. Landry Parish, including the municipalities of Sunset, Grand Coteau, and Cankton, and having the following specific boundaries: Beginning on the Southwest Common Border of St. Landry and Acadia Parishes at the junction of the parish boundary line and Highway 754; thence east on Highway 754 and following said highway in its eastern movement to the east section line of Section 25, T7S, R4E, and also a junction with Bayou Bourbeau; thence following flow of bayou in its northerly and northeastern directions to Ward 1, Ward 2 boundary line; thence east on said ward line and following said ward line in an easterly direction to junction with Bayou Bourbeau and thence following the Bayou Bourbeau and also the ward line to a point in the southeast corner of Section 144, T7S, R4E, at which point the ward line changes direction to south-southwest, following said line south-southwest to its termination at the southern boundary line of St. Landry Parish; thence following the common boundary of St. Landry and Lafayette Parishes in its southwesterly direction to its southwestern extremity; thence on its northerly direction on said common boundary of St. Landry and Acadia Parishes to the junction of Highway 754 and the point of beginning.
Acts 1990, No. 405, §1; Acts 2017, No. 200, §1.
A. There is created a board of commissioners of the Armand J. Brinkhaus, Sr., South St. Landry Community Library District, domiciled in the parish seat, to be composed of seven members. The mayor of the municipality of Sunset shall appoint one member who shall serve for one year. The mayor of the municipality of Grand Coteau shall appoint one member who shall serve for one year. The mayor of the municipality of Cankton shall appoint one member who shall serve for one year. The governing authority of St. Landry Parish shall appoint one member to serve for one year, one for two years, one for three years, and one for five years. Their successors shall each be appointed as provided in this Subsection for five year terms, each member to serve until his successor is commissioned and qualified.
B. The members of the board shall serve without pay and shall not be removed except for cause during their terms of office.
Acts 1990, No. 405, §1; Acts 2017, No. 200, §1.
Immediately upon the selection and appointment of the first board of commissioners, the members shall meet at the call of the St. Landry Parish Police Jury and organize by electing a chairman, a vice-chairman, and an executive secretary; they shall also provide for quarterly meetings of the board and for special meetings on the call of the chairman or of any three members. A majority of the whole membership shall be required to constitute a quorum for the transaction of business, but the executive secretary and the chairman, acting jointly, shall be authorized at all times to transact routine business.
Acts 1990, No. 405, §1.
A. The Armand J. Brinkhaus, Sr., South St. Landry Community Library District is hereby declared to be a body corporate and politic, governed by the board of commissioners, with the power to sue and be sued, acquire, construct, maintain, extend, repair, and improve library equipment, fixtures, facilities, and services. The district shall operate entirely within the framework of the revenues to be derived as provided by this Part, and the library shall not become a charge on the public funds of the state of Louisiana.
B. It may contract and cooperate with other library agencies, and governmental and private entities. It may also receive gifts of books, money, or other property, which may be used or held in trust for the purposes given; may purchase and operate traveling libraries, and circulate such libraries within the district under such rules and conditions as the board may deem necessary. It may publish lists and circulars of information, and may conduct a clearing house for periodicals for free gifts to local libraries, and shall perform such other services considered in the best interest of the district.
C. The board may borrow money, give security therefor, purchase on contract, and do and perform any and all other acts and things necessary or proper to carry out the provisions of this Section.
Acts 1990, No. 405, §1; Acts 2017, No. 200, §1.
A. The board may, on its own initiative, and shall, when requested by petition of not less than twenty-five percent of the duly qualified property taxpayers resident, submit to the property taxpayers a proposition for a special tax, as provided by the constitution and laws of this state, for the purposes of this Part. This tax, if approved, shall be levied and assessed annually as authorized by the voters and collected and used exclusively for the purposes of this Part.
B. St. Landry Parish and each municipality within the district shall contribute its pro rata or equitable share of the cost and expenses.
C. St. Landry Parish and each municipality within the district may use general funds or special funds voted, levied, and collected for the purpose of this Part to fund the district.
Acts 1990, No. 405, §1.
The various parishes may respectively equip and maintain a law library for the use and benefit of the parish judges and officials.
The judge or judges of the district court of the parish shall certify to the police jury desiring to purchase and maintain a law library for their parish, a list of the books or volumes or sets of books to be purchased or subscribed for; after this list has been certified the police jury shall be authorized to purchase or subscribe for the books or sets of books so certified.
There is hereby created the Orleans Parish Law Library for the use and benefit of the judiciary, the members of the bar, and the general public of Orleans Parish.
Acts 1964, No. 284, §1; Acts 1995, No. 1132, §1.
Repealed by Acts 1995, No. 1132, §2.
The revenues to defray the expenses of the Orleans Parish Law Library shall be provided by the clerk of the Civil District Court of Orleans Parish by adding to the initial cost of docketing all civil suits, including the docketing of succession and tutorship proceedings, but excluding all suits now docketed on the clerk's records, the maximum sum of two dollars, which sum shall be remitted by the clerk of court, on the first day of each month, to the Judicial Expense Fund for the Civil District Court for the Parish of Orleans.
Acts 1964, No. 284, §3. Amended by Acts 1980, No. 319, §1; Acts 1990, No. 491, §1; Acts 1995, No. 1132, §1.
Repealed by Acts 1995, No. 1132, §2.
There is hereby created the Lafayette Parish Law Library Commission to establish, maintain and operate a law library for the use and benefit of the judiciary, the members of the bar and the general public of Lafayette Parish.
Added by Acts 1968, No. 416, §1.
The members of the commission shall consist of one judge of the district court in and for the parish of Lafayette, and six attorneys actively engaged in the practice of law in Lafayette Parish, to be selected by the court en banc. The judge selected shall serve for a term of three years, or until his successor is duly chosen. Initially, there shall be two attorneys to serve for a term of one year, two to serve for two years and two to serve for three years; thereafter in each succeeding year two attorneys shall be selected to serve for three years, or until their successors are duly chosen.
Added by Acts 1968, No. 416, §1.
The revenues of the commission shall be provided by the clerk of the district court of Lafayette Parish by adding to the initial cost of docketing all civil suits, including the docketing of succession and tutorship proceedings, but excluding all suits now docketed on the clerk's records, the sum of seven dollars, which sum shall be remitted by the clerk of court, on the first day of each month, to the Lafayette Parish Law Library Commission. These added charges shall form no part of the judicial expense account fund of the district court.
Added by Acts 1968, No. 416, §1; Acts 1988, No. 416, §1; Acts 1990, No. 447, §1; Acts 2011, No. 273, §1.
The Lafayette Parish Law Library Commission is created a body politic with the right to sue and be sued, to acquire any and all property necessary for its maintenance and operation by all lawful means, to incur debt in anticipation of its revenues, to accept gifts and donations, to establish rules and regulations for the conduct of its affairs, to employ a librarian, to require bond for the handling of its funds in an amount to be determined by it; provided, however, the commission shall operate entirely within the framework of the revenues to be derived as provided for herein and the library shall not become a charge on the public funds of the parish of Lafayette, city of Lafayette or state of Louisiana.
Added by Acts 1968, No. 416, §1.
Repealed by Acts 2010, No. 477, §1.
Repealed by Acts 2010, No. 477, §1.
Repealed by Acts 2010, No. 477, §1.
Repealed by Acts 2010, No. 477, §1.
Repealed by Acts 2009, No. 338, §1.
Repealed by Acts 2009, No. 338, §1.
Repealed by Acts 2009, No. 338, §1.
Repealed by Acts 2009, No. 338, §1.
There is hereby created the Calcasieu Parish Law Library Commission to establish, maintain, and operate a law library for the use and benefit of the judiciary, the members of the bar, and the general public of Calcasieu Parish.
Acts 1993, No. 730, §1.
The members of the commission shall consist of the Calcasieu Parish Police Jury. The commission shall request that the Southwest Bar Association's executive committee appoint an advisory committee of seven active members of the association who shall make recommendations to the commission concerning the operation of the law library.
Acts 1993, No. 730, §1.
The revenues of the commission shall be provided by the clerks of the district court of Calcasieu Parish, the Lake Charles City Court, and the Sulphur City Court by adding to the initial cost of docketing all civil suits, including the docketing of succession and tutorship proceedings, but excluding all suits docketed on the clerk's records on August 15, 1993, the sum of up to seven dollars and fifty cents. The commission shall determine on or before January first of each calendar year, the amount the clerks of court shall collect for that calendar year. The sums shall be remitted by the clerks of court, on the first day of each month, to the Calcasieu Parish Law Library Commission. These added charges shall form no part of the judicial expense account fund of the district court. The revenues shall be used by the commission to fund the Calcasieu Parish Law Library.
Acts 1993, No. 730, §1.
The Calcasieu Parish Law Library Commission is created a body politic with the right to sue and be sued, to acquire any and all property necessary for maintenance and operation of a law library by all lawful means, to incur debt in anticipation of its revenues, to accept gifts and donations, to establish rules and regulations for the conduct of its affairs, to employ a librarian, and to require bond for the handling of its funds in an amount to be determined by it. However, the commission shall operate entirely within the framework of the revenues to be derived as provided for herein and the library shall not become a charge on the public funds of the parish of Calcasieu, city of Lake Charles, city of Sulphur, or state of Louisiana.
Acts 1993, No. 730, §1.
There is created a state art commission, to be known as the Louisiana Art Commission. This commission shall be assigned suitable permanent quarters in the "Old State House" in the City of Baton Rouge.
The commission shall consist of an executive board as follows: The state superintendent of education, the president of the Louisiana State University, and the president of the Baton Rouge Art League. The executive board shall supervise the relations between the activities of the art commission and other instrumentalities of the state government, and prevent duplication of already existing functions. The executive board shall be directly responsible for the policies, functions, and activities of the commission.
There shall also be an advisory board composed of the president or a representative from Northwestern State College, Louisiana Polytechnic Institute, Southeastern Louisiana College, Southwestern Louisiana Institute, the Art Association of New Orleans, and Louisiana State University, and the president of the Board of Curators of the Louisiana State Museum or his representative. The advisory board shall hold meetings for the purpose of discussing the policies and activities of the commission, and advising the executive board of the results of such discussions and deliberations.
Amended by Acts 1952, No. 127, §8.
The executive board shall hold regular meetings, prescribe rules for the governing of the commission, elect such officers and employees as may be needed, establish and use a seal, and make biennial reports to the governor. These reports shall show art conditions and progress in Louisiana, and shall contain an itemized statement of the expenses of the commission. This report shall be presented to the legislature in printed form.
The executive board shall accept loans or donations of works of art, land, buildings, money, relics, and other things, as additions to and for the improvement of the gallery. These donations may be made in trust subject to conditions specified.
The gallery of the Louisiana Art Commission shall be an official state depository to receive items or collections of painting, sculpture, reproductions, architecture, photography, popular arts and crafts (basketry, weaving, quilting, pottery, bookbinding, metalwork, woodwork, and other handicrafts), children's art, graphic arts, home furnishings (past and present), prints, essays and books on arts, crafts, and architecture, and all other things of an educational, literary, artistic, and historical nature which are worthy of preservation. The governor and all departments, units and subdivisions of the state are authorized to loan or deposit in this gallery any historical, literary, or artistic documents, relics or works of art that belong to such governmental divisions.
The work of the commission shall be to sustain and promote all forms of artistic activity in and of the state of Louisiana; to remind and inform the citizens of the state of the unique creative efforts of Louisiana artists, both those which have flourished in Louisiana in the past and those which adorn our civilization in the present day. It may do this by exhibiting the outstanding works of Louisiana artists and craftsmen and awarding, at its discretion, substantial money prizes and medals for excellence therein. It may bring fructifying agencies, such as lecturers and exhibitions, from outside the state for tours about the state. It may assist in the preservation, maintenance, and restoration and reconstruction of historic buildings and monuments, in Louisiana, by formal and informal recommendations and advice and conferences with legal owners of such buildings and monuments, and with other persons or groups having a legitimate interest in such buildings and monuments; when possible, rendering financial aid, by loan or grant, for the purpose of such preservation, to parishes, cities, towns, villages, police juries, corporations, or individuals.
It may publish, from time to time, bulletins, circulars, catalogs, and other educational and informative material which will stimulate interest in and appreciation of Louisiana art and architecture.
It may purchase items or collections of any of the types mentioned in R.S. 25:305 for its gallery.
It may also cooperate with and arrange for the circulation of exhibitions to schools, colleges, universities, libraries, communities, and art associations, colonies, leagues, clubs, institutes and galleries, and charitable and penal organizations, under such rules and conditions as the commission may deem necessary to protect the interests of the state and best increase the efficiency of the service it is expected to render the public.
A.(1) The Louisiana Music Commission, referred to in this Chapter as the "commission", is established in the office of cultural development within the Department of Culture, Recreation and Tourism, referred to in this Chapter as the "department", and shall be domiciled in the greater Baton Rouge area. The commission shall be composed of fifteen persons.
(2) Thirteen members of the commission shall be appointed by the lieutenant governor, at least one of whom shall be a member of a minority, for a term concurrent with that of the lieutenant governor making the appointment. Each appointment by the lieutenant governor shall be submitted to the Senate for confirmation.
(3) Two members of the commission shall be appointed by the secretary of state, at least one of whom shall be a member of a minority, for a term concurrent with that of the secretary of state making the appointment. Each appointment by the secretary of state shall be submitted to the Senate for confirmation.
(4) The lieutenant governor shall designate one of the members to serve as chairman. The members shall elect other officers as they deem necessary for the efficient operation of the business of the commission. A majority of the commission shall constitute a quorum for the transaction of business of the commission.
B. A vacancy in the membership of the commission shall be filled by an appointment made by either the lieutenant governor or the secretary of state, whichever made the original appointment that is now vacant.
C. Members shall receive no compensation for their services.
D. Meetings shall be held upon call of the chairman at such time and place within the state of Louisiana as the chairman designates in the notice, which the chairman shall give to the full membership. The commission shall hold not less than two meetings nor more than fourteen meetings during each calendar year and other special meetings as necessary. Meetings shall be called by the chairman when requested by three members of the commission.
E. With the consent of the secretary of the department, the commission may appoint a director to administer the functions of the commission. The director is subject to the direct supervision of the secretary of the department.
Acts 2024, No. 630, §1.
A. The department shall include in its annual budget request required by R.S. 39:32 a request for funds necessary for support of the commission. The governor shall include in the executive budget submitted to the legislature sufficient funding for the support of the operations of the commission.
B. Funds appropriated by the legislature to the department for the operation of the commission shall be used solely for that purpose. No administrative costs of any kind shall be charged by the department for any services associated with placement of the commission within the jurisdiction of the department.
Acts 2024, No. 630, §1.
The commission may solicit funds from any source, public or private, for expenditure by the department to accomplish the purposes of the commission.
Acts 2024, No. 630, §1.
Repealed by Acts 2010, No. 743, §1D, eff. July 1, 2010.
Repealed by Acts 2001, No. 1137, §1.
Repealed by Acts 2001, No. 1137, §1.
A. The Louisiana State Museum is established as a complex of facilities under the management and supervision of the office of the state museum of the Department of Culture, Recreation and Tourism.
B. The Louisiana State Museum shall be a historical, cultural, and educational institution whose primary purpose shall be to collect, preserve, and present, as an educational resource, objects of art, documents, artifacts, and the like that reflect the history, art, and culture of Louisiana.
C. The Board of Directors of the Louisiana State Museum, hereafter in this Chapter referred to as the board, is hereby created in the Department of Culture, Recreation and Tourism.
D. The board shall be composed of members as provided in Subsection E of this Section. Each appointed member of the board shall have a knowledge of and interest in art, history, and cultural restoration. Further, each member nominee shall have experience in at least one of the following subject areas: marketing, law, historic preservation, museum sciences, finance, accounting, business administration, fundraising for nonprofits, facility management, community or consumer advocacy, or other pertinent disciplines.
E.(1) The following members of the board shall serve as ex officio members:
(a) The governor, or his designee.
(b) The lieutenant governor, or his designee.
(c) The president of the Senate, or his designee.
(d) The speaker of the House of Representatives, or his designee.
(2) Beginning January 15, 2029, each of the following members of the board shall be appointed by the lieutenant governor from a list of names submitted by a nominating entity as follows:
(a) One member selected from a list of three names nominated by the Friends of the Cabildo.
(b) One member selected from a list of three names nominated by the Louisiana Historical Society.
(c) One member selected from a list of three names nominated by the Louisiana Historical Association.
(d) One member selected from a list of three names nominated by the Wedell-Williams Memorial Foundation, Inc.
(e) One member selected from a list of three names nominated by the Louisiana Museum Foundation.
(f) One member selected from a list of three names nominated by the Friends of the Edward Douglass White Historic Site.
(g) One member selected from a list of three names nominated by the Louisiana Sports Hall of Fame Foundation in collaboration with Friends of the Louisiana Sports Hall of Fame and Northwest Louisiana History Museum.
(h) One member selected from a list of three names nominated by the Louisiana Civil Rights Museum Advisory Board in collaboration with the Friends of the Louisiana Civil Rights Museum.
(i) One member selected from a list of three names nominated by the Friends of Capitol Park Museum.
(j) One member selected from a list of three names nominated by the Vieux Carre Commission.
(3) Seven members shall be appointed by the lieutenant governor from the state at large in such manner as to provide that membership on the board will reflect the ethnic and cultural diversity of the population of the state and encourage statewide representation on the board.
(4)(a) Notwithstanding the provisions of Paragraph (2) of this Subsection, should any entity fail to make all or any of the nominations required in Paragraph (2) of this Subsection within thirty days of its receipt of a request for nominations from the appointing authority, the lieutenant governor may make an appointment for that nominating entity's seat on the board from the state at large.
(b) A nominee whose name is submitted by more than one entity concurrently shall automatically be disqualified from consideration so long as the nominee remains on multiple lists. The lieutenant governor shall notify the offending nominating entities of the duplicate nominees in writing and each such nominating entity shall have fifteen days from receipt of such notice to resubmit a list of names for consideration. Should an entity fail to submit an un-duplicated list of four names timely, the lieutenant governor may make the appointment for that nominating entity's seat on the board from the state at large.
F.(1) Each appointment by the lieutenant governor shall be submitted to the Senate for confirmation.
(2)(a) For members appointed pursuant to Paragraph (E)(2) or (3) of this Section, the term of office shall be four years after initial terms as provided in Subparagraph (b) of this Paragraph.
(b) Four members shall serve an initial term of one year; four members shall serve an initial term of two years; four members shall serve an initial term of three years; four members shall serve an initial term of four years, as determined by lot at the first meeting of the board held in calendar year 2029.
G.(1)(a) When a vacancy on the board occurs among the members appointed pursuant to the provisions of Paragraph (E)(2) of this Section, the entity that nominated the member shall submit to the lieutenant governor a list of three nominees to fill the vacancy. The lieutenant governor shall fill the vacancy by appointment from among the nominees and the appointment shall be for the remainder of the term.
(b) In the event there is more than one position vacant on the board concurrently, a nominee whose name is submitted by more than one entity shall automatically be disqualified from consideration so long as the nominee remains on multiple lists. The lieutenant governor shall notify the offending nominating entities of the duplicate nominees in writing and each such nominating entity shall have fifteen days from receipt of such notice to resubmit a list of names for consideration. Should an entity fail to submit an un-duplicated list of three names timely, the lieutenant governor may make the appointment for that nominating entity's seat on the board from the state at large.
(c) Should a vacancy occur before January 15, 2029, in one of the two positions on the board that represent the Friends of the Cabildo, the Louisiana Museum Foundation, or the Friends of the Capitol Park Museum, the lieutenant governor shall not appoint a member to fill that vacancy provided that the other position that represents the Friends of the Cabildo, the Louisiana Museum Foundation, or the Friends of the Capitol Park is occupied.
(2) Notwithstanding the provisions of Paragraph (1) of this Subsection, should any entity fail to make any or all nominations required by Paragraph (1) of this Subsection within thirty days after the vacancy occurs, the lieutenant governor may make an appointment for that nominating entity's seat on the board from the state at large.
(3) When a vacancy occurs among the at-large members appointed pursuant to the provisions of Paragraph (E)(3) of this Section, then the lieutenant governor shall appoint a person to fill the vacancy within thirty days of the vacancy. The member appointed to fill a vacancy shall serve the remainder of the unexpired term.
H. The members of the board shall serve without compensation, but they shall receive their actual expenses incurred in attending any meeting of the board.
I. Each member of the board shall take and subscribe to the oath of office required of state officials.
Acts 1983, No. 687, §4; Acts 1987, No. 416, §1; Acts 1990, No. 726, §1; Acts 1991, No. 9, §§1 and 3, eff. June 6, 1991; Acts 1997, No. 318, §1, eff. June 18, 1997; Acts 2003, No. 1205, §1, eff. July 3, 2003; Acts 2007, No. 53, §1, eff. June 30, 2007; Acts 2008, No. 908, §1; Acts 2014, No. 832, §6; Acts 2015, No. 263, §1, eff. Jan. 12, 2016; Acts 2020, No. 257, §1; Acts 2025, No. 450, §1.
A.(1) The board of directors shall meet once each quarter, unless additional meetings are called by the lieutenant governor, the secretary of the Department of Culture, Recreation and Tourism, the chairman of the board, or a quorum of the board.
(2) The board shall adopt bylaws establishing policies and procedures for its governance, including but not limited to the following:
(a) The election and responsibilities of the board's officers, including a chairman and vice chairman to serve terms of two years.
(b) The selection, term, compensation, and responsibilities of advisors to the board.
(c) The creation, appointment, compensation, duties, and functions of standing or special committees of the board.
(3) Ten members of the board shall constitute a quorum for the transaction of official business. All official actions of the board shall require the affirmative vote of a majority of the members present and voting.
(4) The board shall establish and use an identifying seal pertaining to museum business. The board shall not authorize reports and recommendations which include the issue, publication, or distribution of general information documents or pamphlets, which are published on a regular basis and are generally known as newsletters.
(5) The board shall provide advice and counsel on matters related to the Louisiana State Museum.
B.(1) The office of the state museum may establish in accordance with the Administrative Procedure Act admission fees, tour fees, and user fees for any or all museum buildings and exhibits that are open to the public.
(2) Such user fees shall reflect the actual cost of maintenance of the space used and the market rates for comparable space in the locality of the space used.
(3) The office of the state museum, through the assistant secretary and in cooperation with nonprofit corporations established to support the Louisiana State Museum, may seek private funding to support the museum's programs.
C. The office of the state museum, through the assistant secretary, shall have authority to contract with consulting experts in the fields of museum administration and conservation of paintings, books and papers, and other decorative arts, and with appraisers, buying agents, designers, engineers, attorneys, accountants, construction and financial experts, and other such persons as may be necessary to carry out the purposes of the museum.
D. Notwithstanding any provisions of law to the contrary and in particular the provisions of R.S. 25:349(B)(5) and R.S. 41:1212, the office of the state museum, through the assistant secretary, may enter into contracts and agreements with any public agency or nonprofit corporation which has been established for the primary purpose of supporting the programs and activities of the Louisiana State Museum, including but not limited to the Friends of the Cabildo, the Louisiana Sports Hall of Fame Foundation, the Wedell-Williams Memorial Foundation, Inc., and the Louisiana Museum Foundation, for the establishment of offices, stores, or exhibits on the property and in the buildings of the museum. The office of the state museum, through the assistant secretary, may also enter into contracts and agreements for joint construction, equipment, maintenance, and financing of such buildings, and may enter into contracts and agreements for the joint financing, supervision, and conduct of cooperative enterprises and undertakings. Any public agency may enter into contracts and agreements with the office of the state museum for the purposes provided in this Subsection.
E.(1) The domicile of the board shall be the city of New Orleans.
(2) The secretary of the Department of Culture, Recreation and Tourism and the assistant secretary of the office of the state museum shall consult with the board with respect to policies for the state museum.
(3) The board shall exercise its powers, duties, functions, and responsibilities with respect to the collections of the Louisiana State Museum in accordance with the standards established by the American Alliance of Museums, except as otherwise provided by law; and the members of the board shall serve as trustees for the William Irby Trust.
(4) In their capacity as trustees for the William Irby Trust, the members of the board are entitled to receive and review information, documentation, reports, and testimony from the office of the state museum and its contractors to verify that the leasing program provided for in R.S. 25:349 and 350 including revenue generated therefrom is administered in accordance with the comprehensive usage plan for commercial leases adopted by the board, the terms and conditions of the trust, and all provisions of applicable law.
(5) The office of the state museum shall have custody of and shall administer, manage, operate, maintain, and preserve all of the following:
(a) The buildings, collections, and exhibitions of the Louisiana State Museum complex located in the city of New Orleans, including but not limited to the Cabildo, the Presbytere, the Lower Pontalba Building, the Jackson House, the Creole House, the Arsenal, Madame John's Legacy, the 1850 House, the Louisiana Civil Rights Museum, the museum storage and curation facility, and the New Orleans Jazz Museum at the Old United States Mint in New Orleans.
(b) The Wedell-Williams Memorial Aviation and Cypress Sawmill Museum in Patterson.
(c) The Louisiana Political Museum and Hall of Fame.
(d) The Capitol Park Museum.
(e) The Louisiana Sports Hall of Fame and Northwest Louisiana History Museum.
(f) The Edward Douglass White Historic Site.
(g) Other museums, buildings, historic sites, and facilities established under jurisdiction of the office.
F.(1) For the prompt and efficient transaction of business, the board may create from its membership an executive committee which shall consist of the chairman and vice chairman of the board and such additional members as shall be provided in bylaws of the board. The executive committee shall have full authority to act for the board at any scheduled board meeting at which a quorum is not present.
(2) A majority of the members of the executive committee shall constitute a quorum for the transaction of business.
(3) The executive committee shall consider such matters as are referred to it by the board. It shall execute such orders and resolutions as shall be assigned to it at any meeting of the board, and it shall also take such action as is necessary when an emergency requiring immediate action arises during the interim between board meetings. All acts of the executive committee shall be submitted to the board for ratification or rejection at its next meeting except acts on which the board has delegated to the executive committee full power to act and acts taken at a meeting held because a quorum of the board was not present for a board meeting.
G. The Louisiana State Museum shall cooperate with Louisiana schools and institutions of higher learning in the teaching of Louisiana history and culture.
H. Except as otherwise provided by law, the board and the professional staff of the Louisiana State Museum shall be governed by the standard of museum ethics as promulgated by the American Alliance of Museums. The board may adopt such further standards of ethics as it deems to be in the best interest of the museum.
Acts 1983, No. 687, §4; Acts 1986, No. 822, §1; Acts 1987, No. 415, §1; Acts 1990, No. 726, §1; Acts 1991, No. 9, §1, eff. June 6, 1991; Acts 1997, No. 318, §§1, 3, eff. June 18, 1997; Acts 2003, No. 1205, §1, eff. July 3, 2003; Acts 2008, No. 908, §1; Acts 2015, No. 263, §1, eff. Jan. 12, 2016; Acts 2025, No. 450, §1.
A. The museum director shall be appointed by the lieutenant governor from a list of three candidates nominated by a search committee appointed by the board. The lieutenant governor shall make the appointment no later than sixty days after receiving the list of candidates from the search committee. The board shall establish criteria for the position of director that include but are not limited to possession of a master's degree in Museum Science, or a related field, or experience in a related field, and shall provide clear evidence of successful performance as a skilled professional.
B. The director shall serve as the assistant secretary of the office of the state museum.
C. The salary of the director shall be commensurate with the other assistant secretary positions. The salary may be additionally supplemented beyond the normal amount by the board or Louisiana museum foundations as provided for in the Code of Governmental Ethics.
Acts 1983, No. 687, §4; Acts 1997, No. 318, §1, eff. June 18, 1997; Acts 2008, No. 908, §1; Acts 2015, No. 263, §1, eff. Jan. 12, 2016; Acts 2025, No. 485, §1.
The legislature shall provide sufficient funds for the proper professional operation of the properties of the Louisiana State Museum, according to accepted standards of museum operations and practices as established by the American Alliance of Museums, including a competent professional, technical, and administrative staff, all members of which shall be subject to the civil service laws.
Acts 1983, No. 687, §4; Acts 1997, No. 318, §1, eff. June 18, 1997; Acts 2025, No. 450, §1.
A. The office of the state museum, through the assistant secretary and in cooperation with the board and nonprofit organizations established to support the Louisiana State Museum, may seek and accept funds, governmental grants, donations, and contributions of lands, buildings, money, relics, works of art, or other property on behalf of and as additions to the museum either in the form of loans or in the form of donations inter vivos or mortis causa, or may acquire them by purchase, lease, or otherwise, subject to the terms, condition, or limitation contained in the instrument by which such property is acquired. However, the office of the state museum, through the assistant secretary, shall be empowered and authorized to enter into any and all contracts with any person, lender, or donor that it may deem fit, proper, and necessary to accept and receive such lands, buildings, money, relics, works of art, or other property on behalf of and as additions to the museum. The museum is specifically empowered to serve as the beneficiary of any public trust heretofore or hereafter created for such purpose pursuant to the provisions of R.S. 9:2341 through 2347.
B. The office of the state museum, through the assistant secretary, is granted the authority of deaccession with respect to any collections of the Louisiana State Museum and for such purpose is specifically exempted from the laws of the state relative to the sale or disposal of surplus property. The board shall establish policies and procedures necessary to carry out this authority in an orderly manner consistent with the standards established by the American Alliance of Museums, except as otherwise provided by law.
C. Any property which has been deposited with the Louisiana State Museum, by loan or otherwise, and which has been held by the office of the state museum for more than ten years, and to which no person has made claim shall be deemed to be abandoned and, notwithstanding the provisions of Chapter 1 of Title XII of Book III of the Civil Code, shall become the property of the office of the state museum, provided that the office of the state museum has complied with the following provisions:
(1) At least once a week for two consecutive weeks, the office of the state museum shall publish in at least one newspaper of general circulation in the parish in which the particular museum facility is located a notice and listing of the property. The notice shall contain all of the following:
(a) The name and last known address, if any, of the last known owner or depositor of the property.
(b) A description of the property.
(c) A statement that if proof of claim is not presented by the owner to the office of the state museum and if the owner's right to receive such property is not established to the satisfaction of the office of the state museum within sixty-five days from the date of the second published notice, the property will be deemed to be abandoned and shall become the property of the office of the state museum.
(2) If no valid claim has been made to the property within sixty-five days from the date of the second published notice, title to the property shall vest in the office of the state museum free from all claims of the owner and all persons claiming through or under him.
Acts 1983, No. 687, §4; Acts 1997, No. 318, §1, eff. June 18, 1997; Acts 2025, No. 450, §1.
The collections of the Louisiana State Museum may be lent in part subject to and in accordance with the collections management policy approved by the board. The office of the state museum shall ensure proper safeguards for their maintenance and return and shall ensure that proper records are kept.
Acts 1983, No. 687, §4; Acts 2025, No. 450, §1.
§§347, 348 Repealed by Acts 1983, No. 687, §7.
A. Notwithstanding any provisions of law to the contrary, and in particular the provisions of R.S. 41:1212, the office of the state museum is authorized to lease or contract with a qualified real estate or property management company to lease, for any purposes other than oil, gas, or other mineral development, commercial space within the Lower Pontalba Building and other properties located in the New Orleans French Quarter under the ownership, management, jurisdiction, or possession of the office of the state museum, without advertising for and receiving public bids for such leases, provided that such leases are negotiated for and executed according to the terms and conditions contained in this Section.
B. Any and all commercial leases shall be compatible with a comprehensive usage plan approved by the board of directors of the Louisiana State Museum. The comprehensive usage plan shall include criteria used to evaluate an application for a commercial lease. The evaluation criteria may include but shall not be limited to:
(1) The compatibility of the proposed use of the commercial space with the historic nature of the museum property.
(2) The relationship and impact of the proposed commercial use on the integrity and safety of the building.
(3) The anticipated effect of the proposed commercial use on the integrity and safety of the building.
(4) The viability of the applicant's business plan and potential for revenue generation.
(5) The financial qualifications of the applicant.
(6) Whether the application, proposed use, or resulting lease will result or is likely to result in a violation of the Code of Governmental Ethics or any other applicable law.
C.(1) Following its determination that a commercial space is or will become available for lease, the office of the state museum shall provide reasonable public notice and an opportunity to submit applications to lease such commercial space.
(2) The public notice shall be posted on the website of the department.
(3) The public notice shall provide the date the commercial space will be available for lease; the address of the available commercial space; and how the public may obtain additional information such as lease terms, application requirements, and evaluation criteria.
D. All commercial leases shall be reviewed and approved by the attorney general as to form and legality.
Added by Acts 1979, No. 581, §1, eff. July 18, 1979; Acts 1997, No. 318, §1, eff. June 18, 1997; Acts 2001, No. 156, §1; Acts 2025, No. 450, §1.
A.(1) Notwithstanding any provisions of law to the contrary, and in particular the provisions of R.S. 41:1212, the office of the state museum is authorized to lease for any residential purposes, or contract with a qualified property management company to lease residential space within the Lower Pontalba Building without advertising for and receiving public bids for such leases, provided that such leases are negotiated and executed according to the terms or conditions set forth and contained in this Section.
(2) Applications for residential leases in the Lower Pontalba Building shall be approved or rejected based on the financial qualifications or prior lease experience of the applicant.
(3) Approved applications shall be placed on file according to the date received and applicants shall be shown available residential lease space according to order of receipt.
B. Authorized use of such residential space also specifically includes use by a public agency for a public purpose that benefits the Louisiana State Museum.
C.(1) The office of the state museum shall provide reasonable public notice and an opportunity to submit applications to lease such residential space.
(2) The public notice shall be posted on the website of the department.
(3) The public notice shall provide a description and address of the available residential space and how the public may obtain additional information such as lease terms, application requirements, and evaluation criteria.
Added by Acts 1979, No. 581, §1, eff. July 18, 1979; Acts 2025, No. 450, §1.
Repealed by Acts 2025, No. 450, §3.
Repealed by Acts 2025, No. 450, §3.
A. The Louisiana Sports Hall of Fame and Northwest Louisiana History Museum is established as a museum, hereafter referred to in this Section as "museum", under the jurisdiction of the office of the state museum of the Department of Culture, Recreation and Tourism and domiciled in Natchitoches, Louisiana.
B. The purposes of the museum shall include:
(1) Preserve and maintain the names and accomplishments of outstanding Louisiana athletes and sports personalities.
(2) Honor individuals inducted into the Louisiana Sports Hall of Fame whose achievements in sports have brought distinction to themselves and to the state of Louisiana.
(3) Establish and maintain a permanent archive for the collection and display of memorabilia related to the lives and careers of sports legends who are elected for induction to the Louisiana Sports Hall of Fame.
(4) Preserve and present the history and culture of Northwest Louisiana.
C. A nonprofit organization established to support the programs and activities of the museum may:
(1) Maintain the property of the hall of fame and all portraits, memorabilia, and collections contained in the museum.
(2) Provide for the nomination process for and election of inductees to the hall of fame.
(3) Retain and expend any self-generated revenues derived from the activities of the hall of fame as specified by cooperative agreement pursuant to R.S. 25:342(D), including the annual induction ceremony to the hall of fame.
D. The office of the state museum shall provide sufficient funds for the operation of the museum facilities as set forth in this Section; however, the office of the state museum shall have no obligation nor make any provision for such operation unless state funds are specifically appropriated for this purpose.
Acts 2003, No. 1205, §1, eff. July 3, 2003; Acts 2025, No. 450, §1.
NOTE: See Acts 2003, No. 1205, §4, relative to initial members of the Friends of the La. Sports Hall of Fame.
For purposes of this Chapter the following terms shall have the meaning indicated unless the context clearly provides otherwise:
(1) "Board" shall mean the Advisory Board of the Old State Capitol.
(2) "Department" shall mean the Department of State.
(3) "Secretary" shall mean the secretary of state.
Acts 1990, No. 726, §1.
A. The Old State Capitol is established as a facility in the city of Baton Rouge under the overall jurisdiction of the Department of State, as more specifically provided in this Chapter and in R.S. 36:919.
B. The Old State Capitol shall be a historical, cultural, and educational institution whose primary purpose shall be to collect, preserve, and present, as an educational resource, documents, artifacts, objects of art, and the like, that reflect the politics, history, art, and culture of Louisiana.
C.(1) The Old State Capitol is dedicated to war veterans of Louisiana and offices for veterans' organizations and the Department of Veterans' Affairs shall be provided in the Old State Capitol.
(2) The Department of Veterans' Affairs shall be housed within the Old State Capitol. In addition to any other space allocated to the Department of Veterans' Affairs in the Old State Capitol, the basement of the Old State Capitol is hereby dedicated for use as offices for veterans' organizations and the Department of Veterans' Affairs. The secretary shall allocate and provide sufficient office space within the Old State Capitol to each federally chartered veterans' organization without cost or charge.
Acts 1990, No. 726, §1.
A. The Advisory Board of the Old State Capitol is hereby created in the Department of State.
B. The Advisory Board of the Old State Capitol shall be composed of the following members, all of whom shall have a knowledge of and interest in art, history, including political history, and cultural restoration:
(1) Eleven members shall be appointed by the secretary of state.
(2) The secretary of state or his designee shall serve as a member.
(3) The state archivist shall serve as a member.
C. Each appointed member shall be confirmed by the Senate and shall serve a term concurrent with that of the secretary of state. Each member shall serve until his successor is appointed and takes office.
D. The members of the board shall serve without compensation.
Acts 1990, No. 726, §1; Acts 2006, No. 451, §1; Acts 2018, No. 439, §1.
A.(1) The board shall meet at least three times a year, unless additional meetings are called by the secretary of state.
(2) The board shall adopt bylaws establishing policies and procedures for its governance.
(3) The board, in cooperation with any nonprofit corporation established to support the Old State Capitol, may seek private funding to support programs for the Old State Capitol.
(4) The domicile of the board shall be the city of Baton Rouge.
B. The board shall advise the secretary of state on all matters relating to the operations of the Old State Capitol and shall have such other functions as are otherwise provided in this Chapter and R.S. 36:919.
Acts 1990, No. 726, §1; Acts 2020, No. 212, §1, eff. June 11, 2020.
A. The Old State Capitol shall cooperate with Louisiana schools and institutions of higher learning in the teaching of Louisiana history and culture.
B. The secretary shall establish policies, rules, and regulations for the Old State Capitol in accordance with the Administrative Procedure Act.
C. The secretary shall have custody of and shall administer, manage, operate, maintain, and preserve the building, collections, and exhibitions of the Old State Capitol located in the city of Baton Rouge.
D. Notwithstanding any provision of law to the contrary and in particular the provisions of R.S. 41:1212, the secretary may enter into contracts and agreements with any public agency or nonprofit corporation which has been established for the primary purpose of supporting the programs and activities of the Old State Capitol, including the Old State Capitol Associates, for the establishment of offices, stores, or exhibits on the property of and in the Old State Capitol. The secretary may also enter into contracts and agreements for joint construction, equipment, maintenance, and financing thereof, and may enter into contracts and agreements for the joint financing, supervision, and conduct of cooperative enterprises and undertakings. Any public agency may enter into contracts and agreements with the secretary for the purposes mentioned in this Subsection.
E. The secretary shall perform and exercise all powers, duties, functions, and responsibilities of the Old State Capitol Memorial Commission, which commission was abolished and its functions transferred to the secretary of the Department of State by the Executive Reorganization Act.
Acts 1990, No. 726, §1.
A. The legislature shall provide sufficient funds for the proper operation of the Old State Capitol.
B.(1) If sufficient funds necessary for the operation of the Old State Capitol are not appropriated by the legislature, and funds from other local, public, or private sources are not available for this purpose, the Department of State is authorized to temporarily close the Old State Capitol to the public until such time as sufficient funds necessary for the operation of the Old State Capitol are appropriated by the legislature. The Department of State shall maintain the Old State Capitol during any period of temporary closure.
(2) The Department of State may accept and use, in accordance with law, gifts, grants, bequests, donations, endowments, or funds from any public or private source to support the operations of the Old State Capitol.
Acts 1990, No. 726, §1; Acts 2012, No. 765, §1, eff. June 12, 2012.
A. The secretary of state and the board, jointly or separately, may solicit and accept funds, governmental grants, donations, and contributions of lands, buildings, monies, relics, works of art, or other property on behalf of and as additions to the Old State Capitol either in the form of loans or in the form of donations inter vivos or mortis causa, and the secretary may acquire them by purchase, lease, or otherwise, subject to the terms, conditions, or limitations contained in the instrument by which such property is acquired. However, the secretary shall be empowered and authorized to enter into any and all contracts with any person, lender, or donor that he may deem fit, proper, and necessary to accept and receive such lands, buildings, monies, relics, works of art, or other property on behalf of and as additions to the Old State Capitol. The Old State Capitol is specifically empowered to serve as the beneficiary of any public trust heretofore or hereafter created for such purpose pursuant to the provisions of R.S. 9:2341 through 9:2347.
B. The secretary is granted the authority of deaccession with respect to any collections of the Old State Capitol and for such purpose is specifically exempted from the laws of the state relative to the sale or disposal of surplus property. The secretary shall establish policies and procedures necessary to carry out this authority in an orderly manner.
C.(1) Any property which has been deposited with the Old State Capitol, by loan or otherwise, and which has been held by the Old State Capitol for more than ten years, and to which no person has made claim shall be deemed to be abandoned and, notwithstanding the provisions of Chapter 1 of Title XII of Book III of the Louisiana Civil Code, shall become the property of the Old State Capitol, provided that the Old State Capitol has complied with the following provisions:
(2) At least once a week for two consecutive weeks, the secretary shall publish in at least one newspaper of general circulation in the parish a notice and listing of the property. The notice shall contain:
(a) The name and last known address, if any, of the last known owner or depositor of the property.
(b) A description of the property.
(c) A statement that if proof of claim is not presented by the owner to the secretary and if the owner's right to receive such property is not established to the satisfaction of the secretary within sixty-five days from the date of the second published notice, the property will be deemed to be abandoned and shall become the property of the Old State Capitol.
(3) If no valid claim has been made to the property within sixty-five days from the date of the second published notice, title to the property shall vest in the Old State Capitol free from all claims of the owner and all persons claiming through or under him.
Acts 1990, No. 726, §1.
The collections of the Old State Capitol may be lent in part subject to approval by the secretary. The secretary shall insure proper safeguards for their maintenance and return and shall insure that proper records are kept. The collections shall be available for the use of educational projects, subject to the approval of the secretary.
Acts 1990, No. 726, §1.
A. The facility known prior to June 6, 1991, as the Louisiana State Museum-Shreveport is hereby renamed the Louisiana State Exhibit Museum. The Louisiana State Exhibit Museum is established as a facility in the city of Shreveport under the overall jurisdiction of the Department of State, as more specifically provided in this Chapter and in R.S. 36:744(F).
B. The Louisiana State Exhibit Museum shall be a pre-historical, historical, cultural, scientific, and technological educational institution whose primary purpose shall be to research, collect, preserve, and present, as an educational resource, documents, artifacts, objects of art, and the like that reflect the social history, cultural history, natural history, and culture of Louisiana emphasizing the northwest region of Louisiana.
Acts 1991, No. 9, §1, eff. June 6, 1991; Acts 2021, No. 20, §4.
A. The Regional Museum Governing Board of the Louisiana State Exhibit Museum is hereby created in the Department of State.
B. The domicile of the board shall be the city of Shreveport.
C. The board shall be composed of the following members, all of whom shall have a knowledge of, and an interest in, art, history, including political history, and cultural restoration:
(1) Eleven members shall be appointed by the secretary of state.
(2) The secretary of state or his designee shall serve as a member.
(3) The state archivist shall serve as a member.
D. Each appointed member shall be confirmed by the Senate and shall serve a term concurrent with that of the secretary of state. Each member shall serve until his successor is appointed and takes office.
E. Members of the board shall serve without compensation.
Acts 1991, No. 9, §1, eff. June 6, 1991; Acts 1992, No. 459, §1, eff. July 1, 1992; Acts 2003, No. 525, §1, eff. June 22, 2003; Acts 2018, No. 439, §1.
A. A majority of the board shall constitute a quorum for the transaction of official business. All official actions of the board shall require the affirmative vote of a majority of the members present and voting.
B. The board shall:
(1) Meet at least three times a year at the call of the board chairman.
(2)(a) Create an executive committee consisting of the chairman and vice chairman of the board and other board members as the board may determine.
(b) A majority of the members of the committee shall constitute a quorum for the transaction of business. However, when the board has delegated to the committee full power to act with respect to a matter, affirmative action by a majority of the entire committee membership shall be required.
(c) The committee shall meet at least monthly, except in those months in which the board meets, or at the call of the chairman.
(d) The committee shall consider such matters as are referred to it by the board. It shall execute such orders and resolutions as shall be assigned to it at any meeting of the board, and it shall also take such action as is necessary when an emergency requiring immediate action arises during the interim between board meetings. All acts of the committee shall be submitted to the board for ratification or rejection at its next meeting except in matters in which the board has delegated to the committee full power to act.
(3) Adopt bylaws, including but not limited to the following:
(a) The election and responsibilities of the officers of the board, including a chairman and vice chairman to serve terms of two years.
(b) The selection and responsibilities of advisors to the board.
(c) The appointment, duties, and functions of standing and special committees of the board, including the appointment of nonboard members to such committees and their functions.
(d) The preparation of a budget and plan for funding sufficient to maintain standards necessary to qualify for and maintain the accreditation of the American Association of Museums.
(4) Advise the secretary of state on all matters relating to the operations of the Louisiana State Exhibit Museum and shall have such other functions as are otherwise provided in this Chapter and R.S. 36:744(F).
(5) Establish and use an identifying seal pertaining to museum business.
C. The board may:
(1) Individually or in cooperation with any nonprofit corporation established to support the Louisiana State Exhibit Museum, seek and expend funds from any source, public or private, to support programs of the museum.
(2) Hold meetings in any of the parishes named in R.S. 25:379.1(C)(2)(a) as directed by the executive committee.
(3) Contract with consulting experts for the conservation of paintings, books and papers, and other decorative arts for the accession and deaccession of artifacts, and for the accreditation of the museum.
(4) Repealed by Acts 2020, No. 212, §5, eff. June 11, 2020.
Acts 1991, No. 9, §1, eff. June 6, 1991; Acts 2020, No. 212, §§1, 5, eff. June 11, 2020; Acts 2021, No. 20, §4.
A. The Louisiana State Exhibit Museum shall cooperate with Louisiana schools and institutions of higher education in the teaching of social history, cultural history, natural history, art, science, technology, and the culture of Louisiana emphasizing the northwest region of Louisiana.
B. The board shall have custody of, and, together with the Department of State, shall administer, manage, operate, maintain, and preserve the buildings, collections, and exhibitions of the Louisiana State Exhibit Museum located in the city of Shreveport including, but not limited to, the museum.
C. Notwithstanding any provision of the law to the contrary, and in particular the provisions of R.S. 41:1212, the board may enter into contracts and agreements with any public agency or nonprofit corporation which has been established for the primary purpose of supporting the programs and activities of the Louisiana State Exhibit Museum, including the Friends of the Louisiana State Exhibit Museum, for the establishment of exhibits on the property of and in the Louisiana State Exhibit Museum. Any public agency may enter into contracts and agreements with the board for the purposes mentioned in this Subsection.
Acts 1991, No. 9, §1, eff. June 6, 1991; Acts 2020, No. 212, §1, eff. June 11, 2020.
A. The Department of State shall include in its annual budget request submission, as required by R.S. 39:32, a request for funds necessary for support of the Louisiana State Exhibit Museum. The governor shall include in the executive budget submitted to the legislature sufficient funding for the support of operations of the museum.
B.(1) If sufficient funds necessary for the operation of the Louisiana State Exhibit Museum are not appropriated by the legislature, and funds from other local, public, or private sources are not available for this purpose, the Department of State is authorized to temporarily close the museum to the public until such time as sufficient funds necessary for the operation of the museum are appropriated by the legislature. The Department of State shall maintain the museum during any period of temporary closure.
(2) The Department of State may accept and use, in accordance with law, gifts, grants, bequests, donations, endowments, or funds from any public or private source to support the operations of the museum.
Acts 1991, No. 9, §1, eff. June 6, 1991; Acts 1992, No. 459, §1, eff. July 1, 1992; Acts 2012, No. 765, §1, eff. June 12, 2012.
A. The Department of State and the board, jointly or separately, may solicit and accept funds, governmental grants, donations, and contributions of lands, buildings, monies, relics, works of art, or other property on behalf of and as additions to the Louisiana State Exhibit Museum either in the form of loans or in the form of donations inter vivos or mortis causa, and the Department of State may acquire them by purchase, lease or otherwise, subject to the terms, conditions, or limitations contained in the instrument by which such property is acquired. However, the board may enter into any and all contracts with any person, lender, or donor that it may deem fit, proper, and necessary to accept and receive such lands, buildings, monies, relics, works of art, or other property on behalf of and as additions to the Louisiana State Exhibit Museum. The museum may serve as the beneficiary of any public trust heretofore or hereafter created for such purpose pursuant to the provisions of R.S. 9:2341 et seq.
B. The board is granted the authority of deaccession with respect to any collection of the Louisiana State Exhibit Museum and, for such purpose, is exempted from laws relative to the sale or disposal of surplus property. The board shall establish policies and procedures necessary to carry out this authority in an orderly manner.
C.(1) Any property which has been deposited with the Louisiana State Exhibit Museum, by loan or otherwise, and which has been held by the museum for more than ten years, and to which no person has made claim shall be deemed to be abandoned and, notwithstanding the provisions of Chapter 1 of Title XII of Book III of the Louisiana Civil Code, shall become the property of the museum, provided that Paragraph (2) of this Subsection has been complied with.
(2)(a) At least once each week for two consecutive weeks, the board shall cause to be published in at least one newspaper of general circulation in the parish of Caddo, a notice and listing of the property.
(b) The notice shall contain:
(i) The name and last known address, if any, of the last known owner or depositor of the property.
(ii) A description of the property.
(iii) A statement that if proof of claim is not presented by the claimant to the board and if the claimant's right to receive such property is not established to the satisfaction of the board within sixty-five days from the date of the second published notice, the property will be deemed to be abandoned and shall become the property of the Louisiana State Exhibit Museum.
(3) If no valid claim has been made to the property within sixty-five days from the date of the second published notice, title to the property shall vest in the Louisiana State Exhibit Museum free from all claims.
Acts 1991, No. 9, §1, eff. June 6, 1991.
Any collection of the Louisiana State Exhibit Museum may be lent in part, subject to approval of the board. The board shall insure proper safeguards for its maintenance and return and shall insure that proper records are kept. The collections shall be available for use in educational projects, subject to the approval of the board.
Acts 1991, No. 9, §1, eff. June 6, 1991.
The secretary of state may adopt policies, rules, and regulations for the operation of the museum in accordance with the Administrative Procedure Act.
Acts 2020, No. 212, §1, eff. June 11, 2020.
A. The Louisiana State Cotton Museum is established as a facility in the parish of East Carroll under the overall jurisdiction of the Department of State, as more specifically provided in this Chapter and in R.S. 36:744(F).
B. The Louisiana State Cotton Museum shall be a pre-historical, historical, cultural, scientific, and technological educational institution whose primary purpose shall be to research, collect, preserve, and present, as an educational resource, documents, artifacts, objects of art, and the like that reflect the social history, cultural history, natural history, and culture of Louisiana emphasizing the northeast region of Louisiana.
Acts 1992, No. 152, §2, eff. June 5, 1992; Acts 2021, No. 20, §4.
A. The governing board of the Louisiana State Cotton Museum is hereby created in the Department of State.
B. The domicile of the board shall be in the parish of East Carroll.
C.(1) The board shall be composed of members who all have a knowledge of and an interest in cotton and cotton production.
(2) The board shall be composed of the following members:
(a) Five members shall be appointed by the secretary of state from a list of ten names submitted and nominated by the legislative delegation from the parishes of East Carroll, West Carroll, Madison, Franklin, Richland, Morehouse, Ouachita, Tensas, Caldwell, and Concordia from an area composed of the following parishes: East Carroll, West Carroll, Madison, Franklin, Richland, Morehouse, Ouachita, Tensas, Caldwell, and Concordia.
(b) Six members shall be appointed by the secretary of state from a list of ten names submitted and nominated by the Friends of the Louisiana State Cotton Museum.
(c) The secretary of state or his designee shall serve as a member.
(d) The museum chief administrative officer and the museum director, if any, shall each be an ex officio member of the board.
D. Each appointed member shall be confirmed by the Senate and shall serve a term concurrent with the secretary of state. Each member shall serve until his successor is appointed and takes office.
E. Members of the board shall serve without compensation.
Acts 1992, No. 152, §2, eff. June 5, 1992; Acts 1995, No. 52, §1; Acts 2003, No. 662, §1, eff. June 27, 2003; Acts 2006, No. 451, §1; Acts 2020, No. 212, §1, eff. June 11, 2020.
A. A majority of the board shall constitute a quorum for the transaction of official business. All official actions of the board shall require the affirmative vote of a majority of the members present and voting.
B. The board shall:
(1) Meet at least three times a year at the call of the board chairman.
(2)(a) Create an executive committee consisting of the chairman and vice chairman of the board and other board members as the board may determine.
(b) A majority of the members of the committee shall constitute a quorum for the transaction of business. However, when the board has delegated to the committee full power to act with respect to a matter, affirmative action by a majority of the entire committee membership shall be required.
(c) The committee shall meet at least quarterly, except in those months in which the board meets, or at the call of the chairman.
(d) The committee shall consider such matters as are referred to it by the board. It shall execute such orders and resolutions as shall be assigned to it at any meeting of the board, and it shall also take such action as is necessary when an emergency requiring immediate action arises during the interim between board meetings. All acts of the committee shall be submitted to the board for ratification or rejection at its next meeting except in matters in which the board has delegated to the committee full power to act.
(3) Adopt bylaws, including but not limited to the following:
(a) The election and responsibilities of the officers of the board, including a chairman and vice chairman to serve terms of two years.
(b) The selection and responsibilities of advisors to the board.
(c) The appointment, duties, and functions of standing and special committees of the board, including the appointment of nonboard members to such committees and their functions.
(d) The preparation of a budget and plan for funding sufficient to maintain standards necessary to qualify for and maintain the accreditation of the American Association of Museums.
(4) Advise the secretary of state on all matters relating to the operations of the Louisiana State Cotton Museum and shall have such other functions as are otherwise provided in this Chapter and R.S. 36:744(F).
(5) Establish and use an identifying seal pertaining to museum business.
C. The board may:
(1) Individually, or in cooperation with any nonprofit corporation established to support the Louisiana State Cotton Museum, seek and expend funds from any source, public or private, to support programs of the museum.
(2) Hold meetings in any of the parishes named in R.S. 25:380.1(C)(2)(a) as directed by the executive committee.
Acts 1992, No. 152, §2, eff. June 5, 1992; Acts 2020, No. 212, §1, eff. June 11, 2020; Acts 2021, No. 20, §4.
A. The Department of State shall include in its annual budget request submission as required by R.S. 39:32 a request for funds necessary for support of the Louisiana State Cotton Museum. The governor shall include in the executive budget submitted to the legislature sufficient funding for the support of operations of the museum.
B. Funds appropriated by the legislature to the Department of State for operation of the Louisiana State Cotton Museum shall be used solely for that purpose and in accordance with the budget plan developed by the board to maintain accreditation standards. No administrative costs of any kind shall be charged by the Department of State for any services associated with placement of the museum within the jurisdiction of that office.
C.(1) If sufficient funds necessary for the operation of the Louisiana Cotton Museum are not appropriated by the legislature, and funds from other local, public, or private sources are not available for this purpose, the Department of State is authorized to temporarily close the museum to the public until such time as sufficient funds necessary for the operation of the museum are appropriated by the legislature. The Department of State shall maintain the museum during any period of temporary closure.
(2) The Department of State may accept and use, in accordance with law, gifts, grants, bequests, donations, endowments, or funds from any public or private source to support the operations of the museum.
Acts 1992, No. 152, §2, eff. June 5, 1992; Acts 2012, No. 765, §1, eff. June 12, 2012.
A. The Department of State and the board, jointly or separately, may solicit and accept funds, governmental grants, donations, and contributions of lands, buildings, monies, relics, works of art, or other property on behalf of and as additions to the Louisiana State Cotton Museum either in the form of loans or in the form of donations inter vivos or mortis causa, and the Department of State may acquire them by purchase, lease, or otherwise, subject to the terms, conditions, or limitations contained in the instrument by which such property is acquired. However, the board may enter into any and all contracts with any person, lender, or donor that it may deem fit, proper, and necessary to accept and receive such lands, buildings, monies, relics, works of art, or other property on behalf of and as additions to the Louisiana State Cotton Museum. The museum may serve as the beneficiary of any public trust heretofore or hereafter created for such purpose pursuant to the provisions of R.S. 9:2341 et seq.
B. The board is granted the authority of deaccession with respect to any collection of the Louisiana State Cotton Museum and, for such purpose, is exempted from laws relative to the sale or disposal of surplus property. The board shall establish policies and procedures necessary to carry out this authority in an orderly manner.
C.(1) Any property which has been deposited with the Louisiana State Cotton Museum, by loan or otherwise, and which has been held by the museum for more than ten years, and to which no person has made claim shall be deemed to be abandoned and, notwithstanding the provisions of Chapter 1 of Title XII of Book III of the Louisiana Civil Code, shall become the property of the museum, provided that Paragraph (2) of this Subsection has been complied with.
(2)(a) At least once each week for two consecutive weeks, the board shall cause to be published in at least one newspaper of general circulation in the parish of East Carroll, a notice and listing of the property.
(b) The notice shall contain:
(i) The name and last known address, if any, of the last known owner or depositor of the property.
(ii) A description of the property.
(iii) A statement that if proof of claim is not presented by the claimant to the board and if the claimant's right to receive such property is not established to the satisfaction of the board within sixty-five days from the date of the second published notice, the property will be deemed to be abandoned and shall become the property of the Louisiana State Cotton Museum.
(3) If no valid claim has been made to the property within sixty-five days from the date of the second published notice, title to the property shall vest in the Louisiana State Cotton Museum free from all claims.
Acts 1992, No. 152, §2, eff. June 5, 1992.
Any collection of the Louisiana State Cotton Museum may be lent in part, subject to approval of the board. The board shall insure proper safeguards for its maintenance and return and shall insure that proper records are kept. The collections shall be available for use in educational projects, subject to the approval of the board.
Acts 1992, No. 152, §2, eff. June 5, 1992.
The secretary of state may adopt policies, rules, and regulations for the operation of the museum in accordance with the Administrative Procedure Act.
Acts 2020, No. 212, §1, eff. June 11, 2020.
A. The Edward Douglass White Historic Site is established as a facility in the parish of Lafourche under the overall jurisdiction of the Department of Culture, Recreation and Tourism, office of the state museum, as more specifically provided in R.S. 25:342.
B. The Edward Douglass White Historic Site shall be a prehistorical, historical, cultural, scientific, and technological educational institution whose primary purpose shall be to research, collect, preserve, and present, as an educational resource, documents, artifacts, objects of art, buildings, and landscape and the like that reflect the social, political, and legal history, cultural history, natural history, and culture of Louisiana emphasizing the southern region of Louisiana.
Acts 1993, No. 507, §2, eff. July 1, 1993; Acts 2001, No. 1111, §1; Acts 2025, No. 450, §1.
Repealed by Acts 2025, No. 450, §3.
Repealed by Acts 2001, No. 1111, §3.
Any funds appropriated by the legislature to the Department of Culture, Recreation and Tourism, office of the state museum, for operation of the Edward Douglass White Historic Site shall be used solely for that purpose and to meet accreditation standards. No administrative costs of any kind shall be charged by the Department of Culture, Recreation and Tourism for any services associated with placement of the Edward Douglass White Historic Site within the jurisdiction of that office.
Acts 1993, No. 507, §2, eff. July 1, 1993; Acts 2001, No. 1111, §1.
A. The office of the state museum may solicit and accept funds, governmental grants, donations, and contributions of lands, buildings, monies, relics, works of art, or other property on behalf of and as additions to the Edward Douglass White Historic Site either in the form of loans or in the form of donations inter vivos or mortis causa, and may acquire them by purchase, lease, or otherwise, subject to the terms, conditions, or limitations contained in the instrument by which such property is acquired. However, the office of the state museum may enter into any and all contracts with any person, lender, or donor that it may deem fit, proper, and necessary to accept and receive such lands, buildings, monies, relics, works of art, or other property on behalf of and as additions to the Edward Douglass White Historic Site. The Edward Douglass White Historic Site may serve as the beneficiary of any public trust heretofore or hereafter created for such purpose pursuant to the provisions of R.S. 9:2341 et seq.
B. The office of the state museum is granted the authority of deaccession with respect to any collection of the Edward Douglass White Historic Site and, for such purpose, is exempted from laws relative to the sale or disposal of surplus property. The board shall establish policies and procedures necessary to carry out this authority in an orderly manner.
C.(1) Any property which has been deposited with the Edward Douglass White Historic Site, by loan or otherwise, and which has been held by the Edward Douglass White Historic Site for more than ten years, and to which no person has made claim shall be deemed to be abandoned and, notwithstanding the provisions of Chapter 1 of Title XII of Book III of the Louisiana Civil Code, shall become the property of the Edward Douglass White Historic Site, except that property which has been donated to, on loan to, or purchased by the office of state parks, provided that Paragraph (2) of this Subsection has been complied with.
(2)(a) At least once each week for two consecutive weeks, the board shall cause to be published in at least one newspaper of general circulation in the parish of Lafourche, a notice and listing of the property.
(b) The notice shall contain:
(i) The name and last known address, if any, of the last known owner or depositor of the property.
(ii) A description of the property.
(iii) A statement that if proof of claim is not presented by the claimant to the board and if the claimant's right to receive such property is not established to the satisfaction of the office of the state museum within sixty-five days from the date of the second published notice, the property will be deemed to be abandoned and shall become the property of the Edward Douglass White Historic Site.
(3) If no valid claim has been made to the property within sixty-five days from the date of the second published notice, title to the property shall vest in the Edward Douglass White Historic Site free from all claims.
Acts 1993, No. 507, §2, eff. July 1, 1993; Acts 2001, No. 1111, §1; Acts 2025, No. 450, §1.
Any collection of the Edward Douglass White Historic Site may be lent in part, subject to and in accordance with the collections management policies approved by the board. The board shall ensure proper safeguards for its maintenance and return and shall ensure that proper records are kept. The collections shall be available for use in educational projects, subject to the approval of the board.
Acts 1993, No. 507, §2, eff. July 1, 1993; Acts 2025, No. 450, §1.
A. The Louisiana State Oil and Gas Museum is established as a facility in the parish of Caddo under the overall jurisdiction of the Department of State as more specifically provided in this Chapter and in R.S. 36:744(F).
B. The Louisiana State Oil and Gas Museum shall be a historical, cultural, scientific, and technological educational institution whose primary purpose shall be to research, collect, preserve, and present, as an educational resource, documents, artifacts, objects of art, and the like that reflect the social, cultural, and economic history of the oil industry in Louisiana and the Caddo Parish area in particular.
Acts 1997, No. 1091, §1; Acts 2001, No. 130, §1; Acts 2021, No. 20, §4.
A. The governing board of the Louisiana State Oil and Gas Museum is hereby created in the Department of State.
B. The domicile of the board shall be in the parish of Caddo.
C.(1) The board shall be composed of members who all have a knowledge of and an interest in oil and oil production.
(2) The board shall be composed of the following members:
(a) Eleven members shall be appointed by the secretary of state from a list of fifteen names submitted by the Caddo Pine Island Oil and Historical Society.
(b) The secretary of state or his designee shall serve as a member.
(c) The museum director and the museum chief administrative officer, if any, shall each be an ex officio member of the board.
D. Each appointed member shall be confirmed by the Senate and shall serve a term concurrent with the secretary of state. Each member shall serve until his successor is appointed and takes office.
E. Members of the board, including the advisors to the board, shall serve without compensation.
Acts 1997, No. 1091, §1; Acts 2001, No. 130, §1; Acts 2020, No. 212, §1, eff. June 11, 2020.
A. A majority of the board shall constitute a quorum for the transaction of official business. All official actions of the board shall require the affirmative vote of a majority of the members present and voting.
B. The board shall:
(1) Meet at least three times a year at the call of the board chairman.
(2)(a) Create an executive committee consisting of the chairman and vice chairman of the board and other board members as the board may determine.
(b) A majority of the members of the committee shall constitute a quorum for the transaction of business. However, when the board has delegated to the committee full power to act with respect to a matter, affirmative action by a majority of the entire committee membership shall be required.
(c) The committee shall meet at the call of the chairman.
(d) The committee shall consider such matters as are referred to it by the board. It shall execute such orders and resolutions as shall be assigned to it at any meeting of the board, and it shall also take such action as is necessary when an emergency requiring immediate action arises during the interim between board meetings. All acts of the committee shall be submitted to the board for ratification or rejection at its next meeting except in matters in which the board has delegated to the committee full power to act.
(3) Adopt bylaws, including but not limited to the following:
(a) The election and responsibilities of the officers of the board, including a chairman and vice chairman, who shall serve terms of two years.
(b) The selection and responsibilities of advisors to the board. The board may appoint not more than five advisors who shall serve without compensation.
(c) The appointment, duties, and functions of standing and special committees of the board including the appointment of nonboard members to such committees and their functions.
(d) The preparation of a budget and plan for funding the museum at a level sufficient to maintain standards necessary to qualify for and maintain the accreditation of the American Association of Museums.
(4) Advise the secretary of state on all matters relating to the operations of the Louisiana State Oil and Gas Museum.
(5) Establish and use an identifying seal pertaining to museum business.
(6) Perform such other functions as are otherwise provided in this Chapter and R.S. 36:744(F).
C. The board may individually, or in cooperation with any nonprofit corporation established to support the Louisiana State Oil and Gas Museum, seek and expend funds from any source, public or private, to support programs of the museum.
Acts 1997, No. 1091, §1; Acts 2001, No. 130, §1; Acts 2020, No. 212, §1, eff. June 11, 2020; Acts 2021, No. 20, §4.
A. The Department of State shall include in its annual budget request, required by R.S. 39:32, a request for funds necessary for support of the Louisiana State Oil and Gas Museum. The governor shall include in the executive budget submitted to the legislature sufficient funding for the support of operations of the museum.
B. Funds appropriated by the legislature to the Department of State for operation of the Louisiana State Oil and Gas Museum shall be used solely for that purpose and in accordance with the budget plan developed by the board to maintain accreditation standards. No administrative costs of any kind shall be charged by the Department of State for any services associated with placement of the museum within the jurisdiction of the department.
Acts 1997, No. 1091, §1; Acts 2001, No. 130, §1.
A. The Department of State and the board, jointly or separately, may solicit and accept funds, governmental grants, donations, and contributions of lands, buildings, monies, relics, works of art, or other property on behalf of and as additions to the Louisiana State Oil and Gas Museum either in the form of loans or in the form of donations inter vivos or mortis causa, and the Department of State may acquire them by purchase, lease, or otherwise, subject to the terms, conditions, or limitations contained in the instrument by which such property is acquired. However, the board may enter into any and all contracts with any person, lender, or donor that it may deem fit, proper, and necessary to accept and receive such lands, buildings, monies, relics, works of art, or other property on behalf of and as additions to the Louisiana State Oil and Gas Museum. The museum may serve as the beneficiary of any public trust heretofore or hereafter created for such purpose pursuant to the provisions of R.S. 9:2341 et seq.
B. The board is granted the authority of deaccession with respect to any collection of the Louisiana State Oil and Gas Museum and, for such purpose, is exempted from laws relative to the sale or disposal of surplus property. The board shall establish policies and procedures necessary to carry out this authority in an orderly manner.
C.(1) Any property which has been deposited with the Louisiana State Oil and Gas Museum, by loan or otherwise, and which has been held by the museum for more than ten years, and to which no person has made claim shall be deemed to be abandoned and, notwithstanding the provisions of Chapter 1 of Title XII of Book III of the Louisiana Civil Code, shall become the property of the museum, provided that Paragraph (2) of this Subsection has been complied with.
(2)(a) At least once each week for two consecutive weeks, the board shall cause to be published in at least one newspaper of general circulation in the parish of Caddo a notice and listing of the property.
(b) The notice shall contain:
(i) The name and last known address, if any, of the last known owner or depositor of the property.
(ii) A description of the property.
(iii) A statement that if proof of claim is not presented by the claimant to the board and if the claimant's right to receive such property is not established to the satisfaction of the board within sixty-five days from the date of the second published notice, the property will be deemed to be abandoned and shall become the property of the Louisiana State Oil and Gas Museum.
(3) If no valid claim has been made to the property within sixty-five days from the date of the second published notice, title to the property shall vest in the Louisiana State Oil and Gas Museum free from all claims.
Acts 1997, No. 1091, §1; Acts 2001, No. 130, §1.
Any collection of the Louisiana State Oil and Gas Museum may, subject to approval of the board, be lent in part. The board shall insure proper safeguards for its maintenance and return and shall insure that proper records are kept. The collections shall be available for use in educational projects, subject to the approval of the board.
Acts 1997, No. 1091, §1; Acts 2001, No. 130, §1.
The secretary of state may adopt policies, rules, and regulations for the operation of the museum in accordance with the Administrative Procedure Act.
Acts 2020, No. 212, §1, eff. June 11, 2020.
Repealed by Acts 2013, No. 12, §1, eff. May 23, 2013.
Repealed by Acts 2013, No. 12, §1, eff. May 23, 2013.
Repealed by Acts 2013, No. 12, §1, eff. May 23, 2013.
Repealed by Acts 2013, No. 12, §1, eff. May 23, 2013.
Repealed by Acts 2013, No. 12, §1, eff. May 23, 2013.
Repealed by Acts 2013, No. 12, §1, eff. May 23, 2013.
A. The Dew Drop-America's Rock and Roll Museum, referred to in this Chapter as the "museum", is established as a facility in the parish of Orleans, within the Department of Culture, Recreation and Tourism, referred to in this Chapter as the "department", as more specifically provided in this Chapter.
B. The museum shall be a historical, cultural, scientific, and technological educational institution whose primary purpose shall be to research, collect, preserve, and present, as an educational resource, the music, recordings, pictures, documents, artifacts, objects of art, and the like that reflect the social, cultural, and economic history of rock and roll music in the state of Louisiana and in the Orleans Parish area in particular.
Acts 2022, No. 519, §1, eff. June 16, 2022.
A. The board of directors of the museum, referred to in this Chapter as the "board", is hereby created as a body corporate within the department. The board shall have and exercise all powers, duties, functions, and responsibilities authorized for it by law.
B. The board is comprised as follows:
(1) The lieutenant governor shall appoint one member.
(2) The LaSalle Cultural Corridor Commission shall appoint one member.
(3) The mayor of New Orleans shall appoint one member.
(4) The New Orleans city council shall appoint one member.
(5) The board of trustees of the Recording Academy shall appoint one member.
(6) The speaker of the House of Representatives or his designee.
(7) The president of the Senate or his designee.
(8) The members of the board serving pursuant to Paragraphs (1) through (7) of this Subsection shall appoint two additional members who represent cultural institutions or culture-sector industries in Louisiana.
C.(1) Appointed members of the board shall serve four-year terms except that members appointed pursuant to Paragraphs (B)(1) through (5) of this Section shall serve initial terms as provided in this Paragraph. Two members shall serve an initial term of one year, one shall serve an initial term of two years, one shall serve an initial term of three years, and one shall serve an initial term of four years, as determined by lot at the first meeting of the board.
(2) Members shall serve without compensation except per diem or expenses reimbursement to which they may be individually entitled as members of the constituent organizations.
(3) A majority of the board shall constitute a quorum for the transaction of official business. All official actions of the board shall require the affirmative vote of a majority of the members present and voting.
D. The board shall:
(1) Meet at least three times a year at the call of the board chairman.
(2) Adopt bylaws, which shall include provisions for the following:
(a) The election and responsibilities of the officers of the board, including a chairman and vice chairman, who shall serve terms of two years. The member appointed pursuant to Paragraph (A)(6) of this Section shall call the first meeting of the board of directors and serve as the chairman until the election of a chairman in accordance with this Subparagraph.
(b) The selection and responsibilities of advisors to the board. The board may appoint not more than five advisors who shall serve without compensation.
(c) The appointment, duties, and functions of standing and special committees of the board, including the appointment of nonboard members to such committees and their functions.
(3) Establish and use an identifying seal pertaining to museum business.
(4) Perform such other functions as are otherwise provided by this Chapter.
E. The board may:
(1) Incur debt.
(2) Sue and be sued.
(3) Adopt, use, and alter at will a corporate seal.
(4) Adopt bylaws and rules and regulations.
(5) Receive by gift, grant, donation, or otherwise any sum of money, property, aid, or assistance from the United States, the state of Louisiana, or any political subdivision thereof, or any person, firm, or corporation.
(6) Enter into contracts, agreements, or cooperative endeavors with the state and its political subdivisions or political corporations and with any public or private association, corporation, business entity, or individual. Pursuant to such a contract, the department may offer technical assistance and operational support to the board.
(7) Elect officers and appoint agents and employees, prescribe their duties, and fix their compensation.
(8) Acquire property by purchase, gift, grant, donation, or lease.
(9) Establish monetary, bank, and investment accounts.
(10) Perform or have performed any other function or activity necessary or appropriate to carry out and effectuate the purposes and provisions of this Chapter.
Acts 2022, No. 519, §1, eff. June 16, 2022.
The department may include in its annual budget request, required by R.S. 39:32, a request for funds necessary for support of the museum. The governor shall include in the executive budget submitted to the legislature sufficient funding for the support of operations and maintenance of the museum and its exhibits.
Acts 2022, No. 519, §1, eff. June 16, 2022.
A. The board may individually or in cooperation with any nonprofit corporation established to support the museum and its activities solicit and accept funds, governmental grants, donations, and contributions of lands, buildings, monies, artifacts, relics, audio and video recordings, motion picture films, works of art, or other property on behalf of and as additions to the museum either in the form of loans or in the form of donations inter vivos or mortis causa, and the department may acquire them by purchase, lease, or otherwise, subject to the terms, conditions, or limitations contained in the instrument by which such property is acquired. However, the museum, through the department or a nonprofit formed to support the programs and activities of the museum, may enter into any and all contracts with any person, lender, or donor that it deems fit, proper, and necessary to accept and receive such lands, buildings, monies, artifacts, relics, audio and video recordings, motion picture films, works of art, or other property on behalf of, as additions to, or for the benefit of the museum. The museum may serve as the beneficiary of any public or private trust or insurance policy created for such purpose, pursuant to the provisions of R.S. 9:2341 et seq.
B. The board is granted the authority of deaccession with respect to any collection of the museum, and for such purpose is exempted from laws relative to the sale or disposal of surplus property. The board shall establish policies and procedures necessary to carry out this authority in an orderly manner.
C.(1) Any property that has been deposited with the museum by loan or otherwise, that has been held by the museum for more than ten years, and that no person has made claim shall be deemed to be abandoned and, notwithstanding the provisions of Chapter 1 of Title XII of Book III of the Civil Code, shall escheat to and become the property of the museum, if the board complies with Paragraph (2) of this Subsection.
(2)(a) For property deposited with the museum on loan, the museum shall contact the lender of the property by written notice sent by certified mail to the last known address of the lender. If the written notice by certified mail is returned for any reason, the museum shall make a reasonable and diligent effort to provide actual notice to the lender of the property by:
(i) Contacting the lender of the property by first class mail at the last known address of the lender.
(ii) At least once each week for two consecutive weeks, the board shall cause to be published in the official journal of the parish of the last known address of the lender of the property, and, if the last known address is in a parish other than Orleans, in at least one newspaper of general circulation in the parish of Orleans, a notice and listing of the property as provided in Subparagraph (c) of this Paragraph.
(b) For property held by the museum that was not deposited on loan, at least once each week for two consecutive weeks, the board shall cause to be published in at least one newspaper of general circulation in the parish of Orleans a notice and listing of the property.
(c) Notices mailed or published pursuant to this Subsection shall contain:
(i) The name and last known address, if any, of the last known owner or depositor of the property.
(ii) A description of the property.
(iii) A statement that if proof of claim is not presented by the claimant to the board and if the claimant's right to receive such property is not established to the satisfaction of the board within sixty-five days from the date of the second published notice, the property will be deemed to be abandoned and shall become the property of the museum.
(3) If no valid claim has been made to the property within sixty-five days from the date of the second published notice, title to the property shall escheat to and vest in the museum free from all claims.
Acts 2022, No. 519, §1, eff. June 16, 2022.
Any collection or other property of the museum may, subject to approval of the board, be lent in part. The board shall ensure proper safeguards for its maintenance and return and shall ensure that proper records are kept. The collection or other property shall be available for use in educational projects, subject to the approval of the board.
Acts 2022, No. 519, §1, eff. June 16, 2022.
Repealed by Acts 2017, No. 112, §2, eff. June 12, 2017.
A. The Louisiana Delta Music Museum is established as a facility in the town of Ferriday, parish of Concordia, under the overall jurisdiction of the Department of State as more specifically provided in this Chapter and in R.S. 36:744(F).
B. The Louisiana Delta Music Museum shall be a historical, cultural, scientific, and technological educational institution whose primary purpose shall be to research, collect, preserve, and present, as an educational resource, the music, recordings, pictures, documents, artifacts, objects of art, and the like that reflect the social, cultural, and economic history of the music of the Louisiana Delta and the Concordia Parish area in particular.
Acts 2001, No. 850, §1; Acts 2021, No. 20, §4.
A. The governing board of the Louisiana Delta Music Museum is hereby created in the Department of State.
B. The domicile of the board shall be in the parish of Concordia.
C. The board shall be comprised of the following members:
(1) Eleven members shall be appointed by the secretary of state having a knowledge of and an interest in music of the Louisiana Delta. They shall be appointed by the secretary of state from an area composed of the following parishes: Caldwell, Catahoula, Concordia, East Carroll, Franklin, Madison, Morehouse, Ouachita, Richland, Tensas, and West Carroll.
(2) The secretary of state or his designee shall serve as a member.
(3) The museum chief administrative officer and the museum director, if any, shall each be ex officio members of the board.
D. Each member shall serve until his successor is appointed and takes office.
E. Each appointed member shall be confirmed by the Senate and shall serve a term concurrent with the secretary of state.
F. Members of the board shall serve without compensation.
Acts 2001, No. 850, §1; Acts 2003, No. 338, §1, eff. June 13, 2003; Acts 2005, No. 23, §1, eff. July 1, 2005; Acts 2006, No. 451, §1; Acts 2020, No. 212, §1, eff. June 11, 2020.
A. A majority of the board shall constitute a quorum for the transaction of official business. All official actions of the board shall require the affirmative vote of a majority of the members present and voting.
B. The board shall:
(1) Meet at least three times a year at the call of the board chairman.
(2)(a) Create an executive committee consisting of the chairman and vice chairman of the board and other board members as the board may determine.
(b) A majority of the members of the committee shall constitute a quorum for the transaction of business. However, when the board has delegated to the committee full power to act with respect to a matter, affirmative action by a majority of the entire committee membership shall be required.
(c) The committee shall meet at the call of the board chairman.
(d) The committee shall consider such matters as are referred to it by the board. It shall execute such orders and resolutions as shall be assigned to it at any meeting of the board, and it shall also take such action as is necessary when an emergency requiring immediate action arises during the interim between board meetings. All acts of the committee shall be submitted to the board for ratification or rejection at its next meeting except in matters in which the board has delegated to the committee full power to act.
(3) Adopt bylaws, including but not limited to the following:
(a) The election and responsibilities of the officers of the board, including a chairman and vice chairman, who shall serve terms of two years.
(b) The selection and responsibilities of advisors to the board. The board may appoint not more than five advisors who shall serve without compensation.
(c) The appointment, duties, and functions of standing and special committees of the board, including the appointment of nonboard members to such committees and their functions.
(4) Advise the secretary of state on all matters relating to the operations of the Louisiana Delta Music Museum.
(5) Establish and use an identifying seal pertaining to museum business.
(6) Perform such other functions as are otherwise provided by this Chapter and R.S. 36:744(F).
C. The board may individually, or in cooperation with any nonprofit corporation established to support the Louisiana Delta Music Museum, seek and expend funds from any source, public or private, to support programs of the museum.
Acts 2001, No. 850, §1; Acts 2020, No. 212, §1, eff. June 11, 2020; Acts 2021, No. 20, §4.
A. The Department of State shall include in its annual budget request, required by R.S. 39:32, a request for funds necessary for support of the Louisiana Delta Music Museum. The governor shall include in the executive budget submitted to the legislature sufficient funding for the support of operations of the museum.
B. Funds appropriated by the legislature to the Department of State for operation of the Louisiana Delta Music Museum shall be used solely for that purpose and in accordance with the budget plan developed by the board. No administrative costs of any kind shall be charged by the Department of State for any services associated with placement of the museum within the jurisdiction of the department.
C.(1) If sufficient funds necessary for the operation of the Louisiana Delta Music Museum are not appropriated by the legislature, and funds from other local, public, or private sources are not available for this purpose, the Department of State is authorized to temporarily close the museum to the public until such time as sufficient funds necessary for the operation of the museum are appropriated by the legislature. The Department of State shall maintain the museum during any period of temporary closure.
(2) The Department of State may accept and use, in accordance with law, gifts, grants, bequests, donations, endowments, or funds from any public or private source to support the operations of the museum.
Acts 2001, No. 850, §1; Acts 2012, No. 765, §1, eff. June 12, 2012.
A. The Department of State and the board, jointly or separately, may solicit and accept funds, governmental grants, donations, and contributions of lands, buildings, monies, artifacts, relics, audio and video recordings, motion picture films, works of art, or other property on behalf of and as additions to the Louisiana Delta Music Museum either in the form of loans or in the form of donations inter vivos or mortis causa, and the Department of State may acquire them by purchase, lease, or otherwise, subject to the terms, conditions, or limitations contained in the instrument by which such property is acquired. However, the board may enter into any and all contracts with any person, lender, or donor that it may deem fit, proper, and necessary to accept and receive such lands, buildings, monies, artifacts, relics, audio and video recordings, motion picture films, works of art, or other property on behalf of and as additions to the Louisiana Delta Music Museum. The museum may serve as the beneficiary of any public trust heretofore or hereafter created for such purpose pursuant to the provisions of R.S. 9:2341 et seq.
B. The board is granted the authority of deaccession with respect to any collection of the Louisiana Delta Music Museum and, for such purpose, is exempted from laws relative to the sale or disposal of surplus property. The board shall establish policies and procedures necessary to carry out this authority in an orderly manner.
C.(1) Any property which has been deposited with the Louisiana Delta Music Museum, by loan or otherwise, and which has been held by the museum for more than ten years, and to which no person has made claim shall be deemed to be abandoned and, notwithstanding the provisions of Chapter 1 of Title XII of Book III of the Louisiana Civil Code, shall become the property of the museum, provided that Paragraph (2) of this Subsection has been complied with.
(2)(a) At least once each week for two consecutive weeks, the board shall cause to be published in at least one newspaper of general circulation in the parish of Concordia a notice and listing of the property.
(b) The notice shall contain:
(i) The name and last known address, if any, of the last known owner or depositor of the property.
(ii) A description of the property.
(iii) A statement that if proof of claim is not presented by the claimant to the board and if the claimant's right to receive such property is not established to the satisfaction of the board within sixty-five days from the date of the second published notice, the property will be deemed to be abandoned and shall become the property of the Louisiana Delta Music Museum.
(3) If no valid claim has been made to the property within sixty-five days from the date of the second published notice, title to the property shall vest in the Louisiana Delta Music Museum free from all claims.
Acts 2001, No. 850, §1.
Any collection of the Louisiana Delta Music Museum may, subject to approval of the board, be lent in part. The board shall ensure proper safeguards for its maintenance and return and shall ensure that proper records are kept. The collections shall be available for use in educational projects, subject to the approval of the board.
Acts 2001, No. 850, §1.
The secretary of state may adopt policies, rules, and regulations for the operation of the museum in accordance with the Administrative Procedure Act.
Acts 2020, No. 212, §1, eff. June 11, 2020.
Repealed by Acts 2017, No. 112, §3, eff. June 12, 2017.
Repealed by Acts 2017, No. 112, §3, eff. June 12, 2017.
Repealed by Acts 2017, No. 112, §3, eff. June 12, 2017.
Repealed by Acts 2017, No. 112, §3, eff. June 12, 2017.
Repealed by Acts 2017, No. 112, §3, eff. June 12, 2017.
Repealed by Acts 2017, No. 112, §3, eff. June 12, 2017.
Repealed by Acts 2017, No. 112, §4, eff. June 12, 2017.
Repealed by Acts 2015, No. 401, §3(C).
Repealed by Acts 2015, No. 401, §3(C).
Repealed by Acts 2017, No. 112, §4, eff. June 12, 2017.
Repealed by Acts 2017, No. 112, §4, eff. June 12, 2017.
Repealed by Acts 2017, No. 112, §4, eff. June 12, 2017.
Repealed by Acts 2022, No. 297, §1, eff. June 10, 2022.
Repealed by Acts 2022, No. 297, §1, eff. June 10, 2022.
Repealed by Acts 2022, No. 297, §1, eff. June 10, 2022.
Repealed by Acts 2022, No. 297, §1, eff. June 10, 2022.
Repealed by Acts 2022, No. 297, §1, eff. June 10, 2022.
Repealed by Acts 2022, No. 297, §1, eff. June 10, 2022.
Repealed by Acts 2022, No. 297, §1, eff. June 10, 2022.
A. The Mansfield Female College Museum is established as a facility in the town of Mansfield, parish of DeSoto, under the overall jurisdiction of the Department of State as more specifically provided in this Chapter and in R.S. 36:744(F).
B. The Mansfield Female College Museum shall be a historical, cultural, scientific, and technological educational institution whose primary purpose shall be to research, collect, preserve, and present, as an educational resource, the books and papers, pictures and photographs, documents, artifacts, objects of art, and the like that reflect the social, cultural, and economic history of women's education in northwest Louisiana and the DeSoto Parish area in particular.
Acts 2003, No. 592, §1, eff. upon appropriation of funds; Acts 2004, No. 229, §1; Acts 2021, No. 20, §4.
A. The governing board of the Mansfield Female College Museum is hereby created in the Department of State.
B. The domicile of the board shall be in the parish of DeSoto.
C. The board shall be comprised of the following members who have a knowledge of and an interest in the history of women's education in northwest Louisiana and the DeSoto Parish area in particular and who shall be appointed as follows:
(1) Five members shall be appointed by the secretary of state from a list of nominees provided by the Friends of the Mansfield Female College Museum.
(2) Six members shall be appointed by the secretary of state.
(3) The secretary of state or his designee shall serve as a member.
D. Each member shall serve until his successor is appointed and takes office.
E. Each appointed member shall be confirmed by the Senate and shall serve a term concurrent with the secretary of state.
F. Members of the board shall serve without compensation.
Acts 2003, No. 592, §1, eff. upon appropriation of funds; Acts 2004, No. 229, §1; Acts 2006, No. 230, §1; Acts 2020, No. 212, §1, eff. June 11, 2020.
NOTE: See Acts 2003, No. 592, §§3 and 4, relative to conditions for transfer of Women's College Museum to Dept. of State, termination of authority for transfer, and effectiveness of transfer.
NOTE: See Acts 2004, No. 229, §3(A), relative to changing museum name and §3(B) relative to Acts 2004, No. 229, not affecting Acts 2003, No. 592, §§3 and 4, relative to potential nullity of and prohibited actions under Acts 2003, No. 592.
A. A majority of the board shall constitute a quorum for the transaction of official business. All official actions of the board shall require the affirmative vote of a majority of the members present and voting.
B. The board shall:
(1) Meet at least three times a year at the call of the board chairman.
(2)(a) Create an executive committee consisting of the chairman and vice chairman of the board and other board members as the board may determine.
(b) A majority of the members of the committee shall constitute a quorum for the transaction of business. However, when the board has delegated to the committee full power to act with respect to a matter, affirmative action by a majority of the entire committee membership shall be required.
(c) The committee shall meet at the call of the board chairman.
(d) The committee shall consider such matters as are referred to it by the board. It shall execute such orders and resolutions as shall be assigned to it at any meeting of the board, and it shall also take such action as is necessary when an emergency requiring immediate action arises during the interim between board meetings. All acts of the committee shall be submitted to the board for ratification or rejection at its next meeting except in matters in which the board has delegated to the committee full power to act.
(3) Adopt bylaws, including but not limited to the following:
(a) The election and responsibilities of the officers of the board, including a chairman and vice chairman, who shall serve terms of two years.
(b) The selection, term, and responsibilities of advisors to the board. The board may appoint not more than five advisors who shall serve without compensation.
(c) The appointment, duties, and functions of standing and special committees of the board, including the appointment of nonboard members to such committees and their functions.
(d) The preparation of a budget and plan for funding the museum at a level sufficient to maintain standards necessary to qualify for and maintain the accreditation of the American Association of Museums.
(4) Advise the secretary of state on all matters relating to the operations of the Mansfield Female College Museum.
(5) Establish and use an identifying seal pertaining to museum business.
(6) Perform such other functions as are otherwise provided by this Chapter and R.S. 36:744(F).
C. The board may individually, or in cooperation with any nonprofit corporation established to support the Mansfield Female College Museum, seek and expend funds from any source, public or private, to support programs of the museum.
Acts 2003, No. 592, §1, eff. upon appropriation of funds; Acts 2004, No. 229, §1; Acts 2020, No. 212, §1, eff. June 11, 2020; Acts 2021, No. 20, §4.
A. The Department of State shall include in its annual budget request, required by R.S. 39:32, a request for funds necessary for support of the Mansfield Female College Museum. The governor shall include in the executive budget submitted to the legislature sufficient funding for the support of operations of the museum.
B. Funds appropriated by the legislature to the Department of State for operation of the Mansfield Female College Museum shall be used solely for that purpose and in accordance with the budget plan developed by the board to maintain accreditation standards. No administrative costs of any kind shall be charged by the Department of State for any services associated with placement of the museum within the jurisdiction of the department.
C.(1) If sufficient funds necessary for the operation of the Mansfield Female College Museum are not appropriated by the legislature, and funds from other local, public, or private sources are not available for this purpose, the Department of State is authorized to temporarily close the museum to the public until such time as sufficient funds necessary for the operation of the museum are appropriated by the legislature. The Department of State shall maintain the museum during any period of temporary closure.
(2) The Department of State may accept and use, in accordance with law, gifts, grants, bequests, donations, endowments, or funds from any public or private source to support the operations of the museum.
Acts 2003, No. 592, §1, eff. upon appropriation of funds; Acts 2004, No. 229, §1; Acts 2012, No. 765, §1, eff. June 12, 2012.
NOTE: See Acts 2003, No. 592, §§3 and 4, relative to conditions for transfer of Women's College Museum to Dept. of State, termination of authority for transfer, and effectiveness of transfer.
NOTE: See Acts 2004, No. 229, §3(A), relative to changing museum name and §3(B) relative to Acts 2004, No. 229, not affecting Acts 2003, No. 592, §§3 and 4, relative to potential nullity of and prohibited actions under Acts 2003, No. 592.
A. The Department of State and the board, jointly or separately, may solicit and accept funds, governmental grants, donations, and contributions of lands, buildings, monies, artifacts, relics, audio and video recordings, motion picture film, works of art, or other property on behalf of and as additions to the Mansfield Female College Museum either in the form of loans or in the form of donations inter vivos or mortis causa, and the Department of State may acquire them by purchase, lease, or otherwise, subject to the terms, conditions, or limitations contained in the instrument by which such property is acquired. However, the board may enter into any and all contracts with any person, lender, or donor that it may deem fit, proper, and necessary to accept and receive such lands, buildings, monies, artifacts, relics, audio and video recordings, motion picture film, works of art, or other property on behalf of and as additions to the Mansfield Female College Museum. The museum may serve as the beneficiary of any public trust heretofore or hereafter created for such purpose pursuant to the provisions of R.S. 9:2341 et seq.
B. The board is granted the authority of deaccession with respect to any collection of the Mansfield Female College Museum and, for such purpose, is exempted from laws relative to the sale or disposal of surplus property. The board shall establish policies and procedures necessary to carry out this authority in an orderly manner.
C.(1) Any property which has been deposited with the Mansfield Female College Museum, by loan or otherwise, and which has been held by the museum for more than ten years, and to which no person has made claim shall be deemed to be abandoned and, notwithstanding the provisions of Chapter 1 of Title XII of Book III of the Louisiana Civil Code, shall become the property of the museum, provided that Paragraph (2) of this Subsection has been complied with.
(2)(a) At least once each week for two consecutive weeks, the board shall cause to be published in at least one newspaper of general circulation in the parish of DeSoto a notice and listing of the property.
(b) The notice shall contain:
(i) The name and last known address, if any, of the last known owner or depositor of the property.
(ii) A description of the property.
(iii) A statement that if proof of claim is not presented by the claimant to the board and if the claimant's right to receive such property is not established to the satisfaction of the board within sixty-five days from the date of the second published notice, the property will be deemed to be abandoned and shall become the property of the Mansfield Female College Museum.
(3) If no valid claim has been made to the property within sixty-five days from the date of the second published notice, title to the property shall vest in the Mansfield Female College Museum free from all claims.
Acts 2003, No. 592, §1, eff. upon appropriation of funds; Acts 2004, No. 229, §1.
NOTE: See Acts 2003, No. 592, §§3 and 4, relative to conditions for transfer of Women's College Museum to Dept. of State, termination of authority for transfer, and effectiveness of transfer.
NOTE: See Acts 2004, No. 229, §3(A), relative to changing museum name and §3(B) relative to Acts 2004, No. 229, not affecting Acts 2003, No. 592, §§3 and 4, relative to potential nullity of and prohibited actions under Acts 2003, No. 592.
Any collection of the Mansfield Female College Museum may, subject to approval of the board, be lent in part. The board shall ensure proper safeguards for its maintenance and return and shall ensure that proper records are kept. The collections shall be available for use in educational projects, subject to the approval of the board.
Acts 2003, No. 592, §1, eff. upon appropriation of funds; Acts 2004, No. 229, §1.
NOTE: See Acts 2003, No. 592, §§3 and 4, relative to conditions for transfer of Women's College Museum to Dept. of State, termination of authority for transfer, and effectiveness of transfer.
NOTE: See Acts 2004, No. 229, §3(A), relative to changing museum name and §3(B) relative to Acts 2004, No. 229, not affecting Acts 2003, No. 592, §§3 and 4, relative to potential nullity of and prohibited actions under Acts 2003, No. 592.
The secretary of state may adopt policies, rules, and regulations for the operation of the museum in accordance with the Administrative Procedure Act.
Acts 2020, No. 212, §1, eff. June 11, 2020.
Repealed by Acts 2017, No. 112, §5, eff. June 12, 2017.
Repealed by Acts 2017, No. 112, §5, eff. June 12, 2017.
Repealed by Acts 2017, No. 112, §5, eff. June 12, 2017.
Repealed by Acts 2017, No. 112, §5, eff. June 12, 2017.
Repealed by Acts 2017, No. 112, §5, eff. June 12, 2017.
Repealed by Acts 2017, No. 112, §5, eff. June 12, 2017.
Repealed by Acts 2016, No. 14, §2, eff. May 9, 2016.
Repealed by Acts 2015, No. 401, §3(C).
Repealed by Acts 2015, No. 401, §3(C).
Repealed by Acts 2016, No. 14, §2, eff. May 9, 2016.
Repealed by Acts 2016, No. 14, §2, eff. May 9, 2016.
Repealed by Acts 2016, No. 14, §2, eff. May 9, 2016.
Repealed by Acts 2017, No. 112, §6, eff. June 12, 2017.
Repealed by Acts 2017, No. 112, §6, eff. June 12, 2017.
Repealed by Acts 2017, No. 112, §6, eff. June 12, 2017.
Repealed by Acts 2017, No. 112, §6, eff. June 12, 2017.
Repealed by Acts 2017, No. 112, §6, eff. June 12, 2017.
Repealed by Acts 2017, No. 112, §6, eff. June 12, 2017.
Repealed by Acts 2020, No. 75, §1, eff. June 5, 2020.
Repealed by Acts 2020, No. 75, §1, eff. June 5, 2020.
Repealed by Acts 2020, No. 75, §1, eff. June 5, 2020.
Repealed by Acts 2020, No. 75, §1, eff. June 5, 2020.
Repealed by Acts 2020, No. 75, §1, eff. June 5, 2020.
Repealed by Acts 2020, No. 75, §1, eff. June 5, 2020.
A. The Louisiana Political Museum and Hall of Fame, referred to in this Chapter as the "museum", is established as a facility in the town of Winnfield, parish of Winn, under the overall jurisdiction of the Department of Culture, Recreation and Tourism as more specifically provided in this Chapter.
B. The Louisiana Political Museum and Hall of Fame shall be a historical, cultural, scientific, and technological, educational institution whose primary purpose shall be to research, collect, preserve, and present, as an educational resource, media, film, motion pictures, recordings, pictures, documents, artifacts, objects of art, and the like that reflect the political, social, and cultural history of the politics of the state, including but not limited to such materials related to political campaigns and candidates, officeholders, and supporting personnel.
Acts 2007, No. 415, §1, eff. July 1, 2007.
Repealed by Acts 2012, No. 251, §8B.
Repealed by Acts 2012, No. 251, §8B.
The Department of Culture, Recreation and Tourism shall include in its annual budget request, required by R.S. 39:32, a request for funds necessary for support of the Louisiana Political Museum and Hall of Fame. The governor shall include in the executive budget submitted to the legislature sufficient funding for the support of operations and maintenance of the museum and its exhibits.
Acts 2007, No. 415, §1, eff. July 1, 2007.
A. The Department of Culture, Recreation and Tourism or any nonprofit corporation formed to support the museum and its activities, jointly or separately, may solicit and accept funds, governmental grants, donations, and contributions of lands, buildings, monies, artifacts, relics, audio and video recordings, motion picture films, works of art, or other property on behalf and as additions to the museum either in the form of loans or in the form of donations inter vivos or mortis causa, and the Department of Culture, Recreation and Tourism may acquire them by purchase, lease, or otherwise, subject to the terms, conditions, or limitations contained in the instrument by which such property is acquired. However, the museum, through the Department of Culture, Recreation and Tourism, or a nonprofit formed to support the programs and activities of the museum may enter into any and all contracts with any person, lender, or donor that it may deem fit, proper, and necessary to accept and receive such lands, buildings, monies, artifacts, relics, audio and video recordings, motion picture films, works of art, or other property on behalf of, as additions to, or for the benefit of the museum. The museum may serve as the beneficiary of any public or private trust or insurance policy heretofore or hereafter created for such purpose, pursuant to the provision of R.S. 9:2341 et seq.
B. The Board of Directors of the Louisiana State Museum is granted the authority of deaccession with respect to any collection of the Louisiana Political Museum and Hall of Fame, and for such purpose is exempted from laws relative to the sale or disposal of surplus property. The Board of Directors of the Louisiana State Museum shall establish policies and procedures necessary to carry out this authority in an orderly manner.
C.(1) Any property which has been deposited with the museum by loan or otherwise, and which has been held by the museum for more than ten years, and to which no person has made claim, shall be deemed to be abandoned and, notwithstanding the provisions of Chapter 1 of Title XII of Book III of the Louisiana Civil Code, shall escheat to and become the property of the museum, provided that Paragraph (2) of this Subsection has been complied with.
(2)(a) At least once each week for two consecutive weeks, the Board of Directors of the Louisiana State Museum shall cause to be published in at least one newspaper of general circulation in the parish of Winn a notice and listing of the property.
(b) The notice shall contain:
(i) The name and last known address, if any, of the last known owner or depositor of the property.
(ii) A description of the property.
(iii) A statement that if proof of claim is not presented by the claimant to the Board of Directors of the Louisiana State Museum and if the claimant's right to receive such property is not established to the satisfaction of the Board of Directors of the Louisiana State Museum within sixty-five days from the date of the second published notice, the property will be deemed to be abandoned and shall become the property of the Louisiana Political Museum and Hall of Fame.
(3) If no valid claim has been made to the property within sixty-five days from the date of the second published notice, title to the property shall escheat to and vest in the Louisiana Political Museum and Hall of Fame free from all claims.
Acts 2007, No. 415, §1, eff. July 1, 2007; Acts 2012, No. 251, §8A.
Any collection or other property of the Louisiana Political Museum and Hall of Fame may, subject to approval of the Board of Directors of the Louisiana State Museum, be lent in part. The Board of Directors of the Louisiana State Museum shall ensure proper safeguards for its maintenance and return and shall ensure that proper records are kept. The collection or other property shall be available for use in educational projects, subject to the approval of the Board of Directors of the Louisiana State Museum.
Acts 2007, No. 415, §1, eff. July 1, 2007.
A. The Germantown Colony Museum is established as a facility in the parish of Webster, under the overall jurisdiction of the Department of State as more specifically provided in this Chapter and in R.S. 36:744(F).
B. The Germantown Colony Museum shall be a historical, cultural, scientific, and technological educational institution whose primary purpose shall be to research, collect, preserve, and present, as an educational resource, the pictures and photographs, documents, artifacts, objects of art, and the like that reflect the social, cultural, and economic history and development of the Germantown Colony, the city of Minden, Webster Parish, and northwest Louisiana.
Acts 2008, No. 847, §1, eff. July 1, 2008; Acts 2021, No. 20, §4.
NOTE: See Acts 2008, No. 847, §3, relative to effectiveness.
A. The governing board of the Germantown Colony Museum is hereby created in the Department of State.
B. The domicile of the board shall be in the parish of Webster.
C. The board shall be comprised of the following members:
(1) Eleven members who have a knowledge of and an interest in the purposes of the museum shall be appointed by the secretary of state.
(2) The secretary of state or his designee shall serve as a member of the board.
D. Each member shall serve until his successor is appointed and takes office.
E. Each appointed member shall be confirmed by the Senate and shall serve a term concurrent with the secretary of state.
F. Members of the board shall serve without compensation.
Acts 2008, No. 847, §1, eff. July 1, 2008; Acts 2010, No. 308, §1, eff. June 17, 2010; Acts 2020, No. 212, §1, eff. June 11, 2020.
NOTE: See Acts 2008, No. 847, §3, relative to effectiveness.
A. A majority of the board shall constitute a quorum for the transaction of official business. All official actions of the board shall require the affirmative vote of a majority of the members present and voting.
B. The board shall:
(1) Meet at least three times a year at the call of the board chairman.
(2)(a) Create an executive committee consisting of the chairman and vice chairman of the board and such other board members as the board may determine.
(b) A majority of the members of the committee shall constitute a quorum for the transaction of business. However, when the board has delegated to the committee full power to act with respect to a matter, affirmative action by a majority of the entire committee membership shall be required.
(c) The committee shall meet at the call of the board chairman.
(d) The committee shall consider such matters as are referred to it by the board. It shall execute such orders and resolutions as shall be assigned to it at any meeting of the board, and it shall also take such action as is necessary when an emergency requiring immediate action arises during the interim between board meetings. All acts of the committee shall be submitted to the board for ratification or rejection at its next meeting except in matters in which the board has delegated to the committee full power to act.
(3) Adopt bylaws, including but not limited to provisions for the following:
(a) The election and responsibilities of the officers of the board, including a chairman and vice chairman, who shall serve terms of two years.
(b) The selection and responsibilities of advisors to the board. The board may appoint not more than five advisors who shall serve without compensation.
(c) The appointment, duties, and functions of standing and special committees of the board, including the appointment of nonboard members to such committees and their functions.
(4) Advise the secretary of state on all matters relating to the operations of the Germantown Colony Museum.
(5) Establish and use an identifying seal pertaining to museum business.
(6) Perform such other functions as are otherwise provided by this Chapter and R.S. 36:744(F).
C. The board may individually, or in cooperation with any nonprofit corporation established to support the Germantown Colony Museum, seek funds from any source, public or private, to support programs of the museum and expend such funds for such purpose.
Acts 2008, No. 847, §1, eff. July 1, 2008; Acts 2020, No. 212, §1, eff. June 11, 2020; Acts 2021, No. 20, §4.
A.(1) The Department of State shall include in its annual budget request, required by R.S. 39:32, a request for funds necessary for support of the Germantown Colony Museum. The governor shall include in the executive budget submitted to the legislature sufficient funding for the support of operations of the museum.
(2) The board, with the approval of the secretary of state, shall employ, appoint, remove, and fix the term, compensation, and responsibilities of a museum chief administrative officer and a museum director. The museum director may also serve as the museum chief administrative officer.
B. Funds appropriated by the legislature to the Department of State for operation of the Germantown Colony Museum shall be used solely for that purpose. No administrative costs of any kind shall be charged by the Department of State for any services associated with placement of the museum within the jurisdiction of the department.
C.(1) If sufficient funds necessary for the operation of the Germantown Colony Museum are not appropriated by the legislature, and funds from other local, public, or private sources are not available for this purpose, the Department of State is authorized to temporarily close the museum to the public until such time as sufficient funds necessary for the operation of the museum are appropriated by the legislature. The Department of State shall maintain the museum during any period of temporary closure.
(2) The Department of State may accept and use, in accordance with law, gifts, grants, bequests, donations, endowments, or funds from any public or private source to support the operations of the museum.
Acts 2008, No. 847, §1, eff. July 1, 2008; Acts 2012, No. 765, §1, eff. June 12, 2012.
NOTE: See Acts 2008, No. 847, §3, relative to effectiveness.
A. The Department of State and the board, jointly or separately, may solicit and accept funds, governmental grants, donations, and contributions of lands, buildings, monies, artifacts, relics, video recordings, motion picture films, books and papers, pictures and photographs, documents, works of art, or other property on behalf of and as additions to the Germantown Colony Museum either in the form of loans or in the form of donations inter vivos or mortis causa, and the Department of State may acquire them by purchase, lease, or otherwise, subject to the terms, conditions, or limitations contained in the instrument by which such property is acquired. However, the board may enter into any and all contracts with any person, lender, or donor that it may deem fit, proper, and necessary to accept and receive such lands, buildings, monies, artifacts, relics, video recordings, motion picture films, books and papers, pictures and photographs, documents, works of art, or other property on behalf of and as additions to the Germantown Colony Museum. The museum may serve as the beneficiary of any public trust heretofore or hereafter created for such purpose pursuant to the provisions of R.S. 9:2341 et seq.
B. The board is granted the authority of deaccession with respect to any collection of the Germantown Colony Museum and, for such purpose, is exempted from laws relative to the sale or disposal of surplus property. The board shall establish policies and procedures necessary to carry out this authority in an orderly manner.
C.(1) Any property which has been deposited with the Germantown Colony Museum, by loan or otherwise, and which has been held by the museum for more than ten years, and to which no person has made claim shall be deemed to be abandoned and, notwithstanding the provisions of Chapter 1 of Title XII of Book III of the Louisiana Civil Code, shall become the property of the museum, subject to compliance with the provisions of this Subsection.
(2)(a) At least once each week for two consecutive weeks, the board shall cause to be published in at least one newspaper of general circulation in the parish of Webster a notice and listing of the property.
(b) The notice shall contain:
(i) The name and last known address, if any, of the last known owner or depositor of the property.
(ii) A description of the property.
(iii) A statement that if proof of claim is not presented by the claimant to the board and if the claimant's right to receive such property is not established to the satisfaction of the board within sixty-five days from the date of the second published notice, the property will be deemed to be abandoned and shall become the property of the Germantown Colony Museum.
(3) If no valid claim has been made to the property within sixty-five days from the date of the second published notice, title to the property shall vest in the Germantown Colony Museum free from all claims.
Acts 2008, No. 847, §1, eff. July 1, 2008.
NOTE: See Acts 2008, No. 847, §3, relative to effectiveness.
Any collection of the Germantown Colony Museum may, subject to approval of the board, be lent in part. The board shall ensure proper safeguards for its maintenance and return and shall ensure that proper records are kept. The collections shall be available for use in educational projects, subject to the approval of the board.
Acts 2008, No. 847, §1, eff. July 1, 2008.
NOTE: See Acts 2008, No. 847, §3, relative to effectiveness.
The secretary of state may adopt policies, rules, and regulations for the operation of the museum in accordance with the Administrative Procedure Act.
Acts 2020, No. 212, §1, eff. June 11, 2020.
Repealed by Acts 2016, No. 16, §1, eff. May 9, 2016.
Repealed by Acts 2016, No. 16, §1, eff. May 9, 2016.
Repealed by Acts 2016, No. 16, §1, eff. May 9, 2016.
Repealed by Acts 2016, No. 16, §1, eff. May 9, 2016.
Repealed by Acts 2016, No. 16, §1, eff. May 9, 2016.
Repealed by Acts 2016, No. 16, §1, eff. May 9, 2016.
Repealed by Acts 2016, No. 16, §1, eff. May 9, 2016.
The Orleans Parish Landmarks Commission is hereby created to be composed of seven members to be appointed by the governor for terms of four years. All members of the commission shall be residents of the parish of Orleans one of whom shall be a member of the Louisiana Landmarks Society, Inc.
Acts 1956, No. 85, §1. Amended by Acts 1962, No. 496, §1.
It shall be the duty of the commission to mark with suitable plaques those buildings which are landmarks and sites of historical importance in the parish of Orleans. The commission shall select the buildings and sites to be marked and determine the type of plaque to be used and purchase those deemed appropriate, determine where to place said plaques and the data to be placed on each plaque, and to publicize these activities. The commission shall be empowered to have research done on the historical and architectural background of areas worthy of preservation.
Acts 1956, No. 85, §2. Amended by Acts 1960, No. 529, §1.
There shall be established a Union Catalog of Louisiana Items (exclusive of state documents and state archives) to be found in all public libraries (state, parish and municipal) in the libraries of Louisiana State University and Agricultural and Mechanical College, in the libraries of the higher institutions of learning subject to the direct supervision of the state board of education, and in all other libraries which may be willing to participate.
Acts 1956, No. 361, §1.
The staff shall consist of an editor of the Union Catalog, who shall preferably be a graduate librarian with considerable cataloging experience, and necessary clerical assistants, to be appointed by the board of commissioners of the State Library of Louisiana.
Acts 1956, No. 361, §2; Acts 1991, No. 938, §2.
The State Library of Louisiana shall establish and set up the Union Catalog of Louisiana Items. It shall cooperate with parish libraries and other public libraries, with all other libraries which may be willing to participate, and with the Louisiana Library Association and its Union Catalog of Louisiana Items Committee, in this project.
Acts 1956, No. 361, §3; Acts 1991, No. 938, §2.
The established Union Catalog of Louisiana Items shall be housed in the State Library of Louisiana at Baton Rouge and shall be maintained and serviced by the board of commissioners of the State Library of Louisiana.
Acts 1956, No. 361, §4; Acts 1991, No. 938, §2.
The State Library of Louisiana, all public libraries (state, parish, and municipal), and all other libraries which may be willing to participate shall send to the Union Catalog of Louisiana Items, at the State Library of Louisiana at Baton Rouge, one main entry card for each Louisiana item added subsequently to each of their respective libraries after the establishment of the Union Catalog.
Acts 1956, No. 361, §5; Acts 1991, No. 938, §2.
A. The Louisiana Commission on Cultural Resources shall hereafter be designated as the Louisiana Historical Preservation and Cultural Commission. It shall be composed of fourteen members selected from the following sources: one member each to be designated by the respective presidents thereof from Louisiana State University, Louisiana Tech University, Tulane University, Southern University and University of Southwestern Louisiana; one member each designated by the Louisiana Architects Association, Louisiana Landmarks Society, Louisiana Historical Association, Foundation for Historical Louisiana and the Louisiana Geneological and Historical Society; and one member each, serving ex officio, from State Archives and Records Commission, State Parks and Recreation Commission, Louisiana State Museum, and State Tourist Development Commission.
B. Insofar as possible the selection of members by the university presidents shall be from among persons on their faculties who have professional knowledge or a vital interest in historic and cultural preservation.
C. The commission shall hold its first and organization meeting in Baton Rouge within thirty days of July 31, 1968 at a time, and place fixed by the Director of the State Archives and Records Commission who shall serve as temporary chairman until officers are elected as hereinafter provided. The commission, domiciled in Baton Rouge but authorized to meet elsewhere in the state, shall elect annually officers consisting of a chairman, vice-chairman, treasurer and secretary. The last may, but need not be a member of the commission. The commission shall adopt rules for the conduct of its business at its first meeting. After the election of officers, members (other than ex officio members) shall draw lots for their terms of office so that three shall have terms of office of one year; three for two years; and two for three years. After the initial terms of office have expired, successors shall have terms of three years, appointed from the same sources. Vacancies shall be filled from the same sources. A majority shall constitute a quorum.
D. Meetings shall be held upon call by the chairman at such time and place as designated after notice to the full membership. Members shall serve without pay.
E. The commission shall hold not less than two meetings during each calendar year and such other special meetings as may be necessary. Meetings shall be called by the chairman when requested in writing by four members of the commission. The commission may employ a research director for such compensation as may be determined by it.
Acts 1960, No. 586, §1. Amended by Acts 1968, No. 199, §1; Acts 1972, No. 206, §1.
A. The commission shall have as its objective the conservation, preservation and restoration of the historic and cultural resources of Louisiana.
B. The commission shall prepare an authentic cataloged index of the State's historic and cultural resources, which shall include significant landmarks, areas and sites, structures, buildings, cemeteries, artifacts, documents, books, records, manuscripts, maps, fossils and objects of art. A plan shall be developed setting forth the criteria and methods for the preservation and restoration thereof. The plan shall be continuously revised and improved and shall include (1). recommendations to appropriate state departments and commissions, the governor, the legislature and the Tourist Commission, to insure maximum intelligent use of our cultural resources; (2). suggest legislation, including laws to encourage conservation by planning governmental assistance to include, but not to be limited to, receipt of private or public grants, low interest loans and tax exemptions; (3). a land use plan and recommendations for acquisition of historic landmarks or objects, documents, books, records, maps, fossils and objects of art, to prevent their loss or destruction.
C. The commission shall coordinate its activities and plan with those of the Louisiana Recreational Advisory Council authorized by R.S. 56:1801-56:1809.
Acts 1960, No. 586, §2. Amended by Acts 1968, No. 199, §2.
A. When the sale, demolition, damage or decay of state landmarks or historic objects, documents, books, records, maps, fossils or objects of art is imminent the commission shall undertake to encourage the preservation and/or restoration of the property by its owner or by the appropriate state agency.
B. All state and local agencies, departments, subdivisions, libraries, museums, archives and records departments and local governmental agencies shall cooperate with the commission in carrying out the intention and purposes of this Chapter; in the furnishing of data, historical facts and documents which will authenticate, preserve and publicize the state's historic and cultural resources; and in the preservation of such data, historical facts and documents. The commission shall cooperate with and assist nonprofit, private patriotic, education research and museum groups in carrying out the purposes for which the commission is created; provided that nothing herein shall be construed as authorizing the commission to exercise jurisdiction which shall be in conflict with or amount to supervision over any state or local agencies, departments or subdivision.
Acts 1960, No. 586, §3. Amended by Acts 1968, No. 199, §3.
A. The commission may contract with and receive grants from the federal government in carrying out the purposes for which the commission is created, including but not limited to the Act of Congress of October 15, 1966 (Public Law 89-665; Title 16 U.S.C.A. Sec. 470 et seq.).
B. The commission may acquire by lease, purchase or donation real or personal property classified by it as landmarks or historic objects, to include documents, manuscripts, records, maps and books, which properties shall be conveyed by the commission to appropriate state or local governmental agencies which shall operate, maintain and preserve such properties for public use, provided, however, that if such transfer to other state or local government agencies cannot be made, the commission shall have the power to operate, maintain, improve and regulate such state historic landmarks or objects in order to insure their conservation, preservation, use and enjoyment by the citizens of the State of Louisiana.
C. The commission shall select depositories for items, artifacts, and documents acquired by the commission and may enter into depository contracts with private, local, state or federal instrumentalities providing for the preservation and custody of these objects.
Acts 1968, No. 199, §4.
The commission shall publish an annual report and list therein new acquisitions, new markers, monuments or memorials provided or recommended, and an up-to-date and continuing "Catalog of Historic and Cultural Resources" and the classification thereof herein authorized to be made. The commission shall be empowered, authorized and directed to publish such documents, booklets and brochures as it deems necessary to promote and publicize the need for historic preservation, to arouse and maintain public interest in the purposes for which the commission is created, and in the protection of particular state historic and cultural resources that may from time to time be in danger of loss or destruction.
Acts 1968, No. 199, §5.
The commission is authorized to consider recommendations of interested civic groups in respect to the evaluation, classifications, and listing of any proposed site, object, thing, or place as a state historic or cultural resource; and is further authorized to create regional advisory councils composed of representatives of such groups, private or public as shall be determined and fixed by the commission. It is the intention of this Chapter that the commission not duplicate the functions of the State Archives and Records Commission, State Tourist Development Commission, the State Library of Louisiana or any other state agency, department, or local governmental subdivision, and its services and facilities. Such existing state agencies and subdivisions shall be fully utilized by the commission.
Acts 1968, No. 199, §6; Acts 1991, No. 938, §2.
A. The commission, upon its own initiative or upon petition of any subdivision of the state of Louisiana, state agency, historical society or other private non-profit scientific, educational, civic or cultural group may mark by proper monuments, tablets, or markers of proper design state landmarks and objects; except where in a specific locality or case, such a function has been given to another agency; and it may similarly mark state sites, monuments and objects important to Louisiana history or culture outside of Louisiana where consent of the appropriate governmental body having jurisdiction is given. Except as otherwise provided by law, no historical monument or marker shall be created or placed by any public or private corporation, association, society, organization or person on public property in Louisiana without the approval of the commission; and further, no official sign or marker shall be erected or renewed along any state highway unless the inscription to be placed on such sign or marker has been approved by the commission, which shall maintain a record of markers and inscriptions approved by it.
B. Nothing in R.S. 25:521-25:527 shall be interpreted as infringing upon or affecting the laws relative to the Vieux Carre Commission of New Orleans and the Orleans Parish Landmarks Commission established by Acts 85 of 1956.
Acts 1968, No. 199, §7.
Repealed by Acts 2018, No. 2, §1, eff. April 20, 2018.
Repealed by Acts 2018, No. 2, §1, eff. April 20, 2018.
Repealed by Acts 2018, No. 2, §1, eff. April 20, 2018.
Repealed by Acts 2012, No. 811, §17, eff. July 1, 2012.
Repealed by Acts 2012, No. 811, §17, eff. July 1, 2012.
Repealed by Acts 2012, No. 811, §17, eff. July 1, 2012.
Repealed by Acts 2012, No. 811, §17, eff. July 1, 2012.
Repealed by Acts 2012, No. 811, §17, eff. July 1, 2012.
Repealed by Acts 2012, No. 811, §17, eff. July 1, 2012.
Repealed by Acts 1997, No. 183, §2.
Repealed by Acts 1997, No. 183, §2.
Repealed by Acts 1997, No. 183, §2.
Repealed by Acts 1997, No. 183, §2.
Repealed by Acts 1997, No. 183, §2.
Repealed by Acts 1997, No. 183, §2.
Repealed by Acts 1997, No. 183, §2.
Repealed by Acts 1997, No. 183, §2.
The New Orleans Planetarium--Science Center is hereby created to be domiciled in the city of New Orleans for the purpose of acquiring or constructing a planetarium and science center for the use, benefit, education and enjoyment of the people of the state of Louisiana and as a cultural and scientific resource of the state of Louisiana.
Acts 1966, No. 120, §1.
There is created a board of commissioners of the New Orleans Planetarium--Science Center, to be composed of nine members to be appointed by the mayor of New Orleans to serve terms concurrent with the term of the mayor appointing them and until their successors are appointed and qualified. Four of said members shall be the superintendents of public education of the parishes of Orleans, St. Charles, Jefferson and St. Bernard. Members of the commission shall serve without salary, pay or per diem and without reimbursement for traveling expenses. The said board of commissioners is hereby declared to be a body corporate and politic, with the power to acquire, construct, maintain, extend, repair and improve a modern planetarium and related scientific and museum facilities. The mayor shall have the power and authority to appoint an advisory committee, not to exceed twenty-five members. The advisory committee shall hold meetings for the purpose of discussing the policies and activities of the commission and advising the commission of the results of such deliberations.
Acts 1966, No. 120, §2.
The commission is hereby authorized to accept, administer, and make use of donations and grants of property, real and personal, for the construction, use and maintenance of the center from private donors or other bodies corporate and politic; and to receive funds, public or private, to be expended for the purpose of the center, its scientific and cultural activities and exhibits and other properties and structures and additions and accretions thereto. The commission shall annually elect one of its members to serve as chairman, one to serve as vice-chairman, and one to serve as secretary-treasurer. At least one regular meeting shall be held in each quarter of each year. Special meetings may be held from time to time. All meetings shall be open to the public. The majority of the members shall constitute a quorum for the transaction of business. Vacancies on the commission shall be filled by appointment of the mayor for the unexpired term.
Acts 1966, No. 120, §3.
The commission is authorized to select one or more persons to serve as directors or managers or in other capacities which are necessary or appropriate to carry out the objectives of the center and to fix reasonable salaries for such positions to be paid out of any funds available to the commission. The commission is authorized to make and amend and enforce reasonable rules and regulations to carry out the purposes of this Chapter.
Acts 1966, No. 120, §4.
The commission shall be empowered to set an admission fee to any or all buildings and exhibits and special events if desirable. Any funds generated by the commission's activities such as admissions, vending machines, concessions, publications, special exhibits or other activities, shall be retained by the commission for its use. The commission may accept lands, buildings, equipment, funds, or other property, either in form of loans or donations for the purposes of the commission.
Acts 1966, No. 120, §5.
The Interstate Library Compact is hereby enacted into law and entered into by this state with all states legally joining therein in the form substantially as follows:
INTERSTATE LIBRARY COMPACT
Article I. Policy and Purpose
Because the desire for the services provided by libraries transcends governmental boundaries and can most effectively be satisfied by giving such services to communities and people regardless of jurisdictional lines, it is the policy of the states party to this compact to cooperate and share their responsibilities; to authorize cooperation and sharing with respect to those types of library facilities and services which can be more economically or efficiently developed and maintained on a cooperative basis, and to authorize cooperation and sharing among localities, states and others in providing joint or cooperative library services in areas where the distribution of population or of existing and potential library resources make the provision of library service on an interstate basis the most effective way of providing adequate and efficient service.
Article II. Definitions
As used in this compact:
(a) "Public library agency" means any unit or agency of local or state government operating or having power to operate a library.
(b) "Private library agency" means any nongovernmental entity which operates or assumes a legal obligation to operate a library.
(c) "Library agreement" means a contract establishing an interstate library district pursuant to this compact or providing for the joint or cooperative furnishing of library services.
Article III. Interstate Library Districts
(a) Any one or more public library agencies in a party state in cooperation with any public library agency or agencies in one or more other party states may establish and maintain an interstate library district. Subject to the provisions of this compact and any other laws of the party states which pursuant hereto remain applicable, such district may establish, maintain and operate some or all of the library facilities and services for the area concerned in accordance with the terms of a library agreement therefor. Any private library agency or agencies within an interstate library district may cooperate therewith, assume duties, responsibilities and obligations thereto, and receive benefits therefrom as provided in any library agreement to which such agency or agencies become party.
(b) Within an interstate library district, and as provided by a library agreement, the performance of library functions may be undertaken on a joint or cooperative basis or may be undertaken by means of one or more arrangements between or among public or private library agencies for the extension of library privileges to the use of facilities or services operated or rendered by one or more of the individual library agencies.
(c) If a library agreement provides for joint establishment, maintenance or operation of library facilities or services by an interstate library district, such district shall have power to do any one or more of the following in accordance with such library agreement:
Undertake, administer and participate in programs or arrangements for securing, lending or servicing of books and other publications, any other materials suitable to be kept or made available by libraries, library equipment or for the dissemination of information about libraries, the value and significance of particular items therein, and the use thereof.
Accept for any of its purposes under this compact any and all donations, and grants of money, equipment, supplies, materials and services (conditional or otherwise), from any state or the United States or any subdivision or agency thereof, or interstate agency, or from any institution, person, firm or corporation, and receive, utilize and dispose of the same.
Operate mobile library units or equipment for the purpose of rendering book-mobile service within the district.
Employ professional, technical, clerical and other personnel, and fix terms of employment, compensation and other appropriate benefits and, where desirable, provide for the in-service training of such personnel.
Sue and be sued in any court of competent jurisdiction.
Acquire, hold and dispose of any real or personal property or any interest or interests therein as may be appropriate to the rendering of library service.
Construct, maintain and operate a library, including any appropriate branches thereof.
Do such other things as may be incidental to or appropriate for the carrying out of any of the foregoing powers.
Article IV. Interstate Library Districts; Governing Board
(a) An interstate library district which establishes, maintains or operates any facilities or services in its own right shall have a governing board which shall direct the affairs of the district and act for it in all matters relating to its business. Each participating public library agency in the district shall be represented on the governing board, which shall be organized and conduct its business in accordance with provision therefor in the library agreement. But in no event shall a governing board meet less often than twice a year.
(b) Any private library agency or agencies party to a library agreement establishing an interstate library district may be represented on or advise with the governing board of the district in such manner as the library agreement may provide.
Article V. State Library Agency Cooperation
Any two or more state library agencies of two or more of the party states may undertake and conduct joint or cooperative library programs, render joint or cooperative library services, and enter into and perform arrangements for the cooperative or joint acquisition, use, housing, and disposition of items or collections of materials which, by reason of expense, rarity, specialized nature or infrequency of demand therefor would be appropriate for central collection and shared use. Any such programs, services or arrangements may include provision for the exercise on a cooperative or joint basis of any power exercisable by an interstate library district and an agreement embodying any such program, service or arrangement shall contain provisions covering the subjects detailed in Article VI of this compact for interstate library agreements.
Article VI. Library Agreement
(a) In order to provide for any joint or cooperative undertaking pursuant to this compact, public and private library agencies may enter into library agreements. Any agreement executed pursuant to the provisions of this compact shall, as among the parties to the agreement:
Detail the specific nature of the services, programs, facilities, arrangements or properties to which it is applicable.
Provide for the allocation of costs and other financial responsibilities.
Specify the respective rights, duties, obligations and liabilities of the parties.
Set forth the terms and conditions for duration, renewal, termination, abrogation, disposal of joint or common property, if any, and all other matters which may be appropriate to the proper effectuation and performance of the agreement.
(b) No public or private library agency shall undertake to exercise itself, or jointly with any other library agency, by means of a library agreement any power prohibited to such agency by the constitution, or statutes of its state.
(c) No library agreement shall become effective until filed with the compact administrator of each state involved and approved in accordance with Article VII of this compact.
Article VII. Approval of Library Agreements
(a) Every library agreement made pursuant to this compact shall, prior to and as a condition precedent to its entry into force, be submitted to the attorney general of each state in which a public library agency party thereto is situated, who shall determine whether the agreement is in proper form and compatible with the laws of his state. The attorneys general shall approve any agreement submitted to them unless they find that it does not meet the conditions set forth herein, and they shall detail in writing addressed to the governing bodies of the public library agencies concerned the specific respects in which the proposed agreement fails to meet the requirements of law. Failure to disapprove an agreement submitted hereunder within ninety days of its submission shall constitute approval thereof.
(b) In the event a library agreement made pursuant to this compact deals in whole or in part with the provision of services or facilities with regard to which an officer or agency of the state government has constitutional or statutory powers of control, the agreement shall, as a condition precedent to its entry into force, be submitted to the state officer or agency having such power of control and shall be approved or disapproved by him or it as to all matters within his or its jurisdiction in the same manner and subject to the same requirements governing the action of the attorneys general pursuant to paragraph (a) of this article. This requirement of submission and approval shall be in addition to and not in substitution for the requirement of submission to and approval by the attorneys general.
Article VIII. Other Laws Applicable
Nothing in this compact or in any library agreement shall be construed to supersede, alter or otherwise impair any obligation imposed on any library by otherwise applicable law, nor to authorize the transfer or disposition of any property held in trust by a library agency in a manner contrary to the terms of such trust.
Article IX. Allocations and Aid
(a) Any public library agency party to a library agreement may allocate funds to the interstate library district established thereby in the same manner and to the same extent as to a library wholly maintained by it.
(b) Subject to the provisions of the library agreement pursuant to which it functions and the laws of the states in which such district is situated, an interstate library district may claim and receive any state and federal aid which may be available to library agencies.
Article X. Compact Administrator
Each state shall designate a compact administrator with whom copies of all library agreements to which his state or any public library agency thereof is party shall be filed. The administrator shall have such other powers as may be conferred upon him by the laws of his state and may consult and cooperate with the compact administrators of other party states and take such steps as may effectuate the purposes of this compact. If the laws of a party state so provide, such state may designate one or more deputy compact administrators in addition to its compact administrator.
Article XI. Entry into Force and Withdrawal
(a) This compact shall enter into force and effect immediately upon its enactment into law by any two states. Thereafter, it shall enter into force and effect as to any other state upon the enactment thereof by such state.
(b) This compact shall continue in force with respect to a party state and remain binding upon such state until six months after such state has given notice to each other party state of the repeal thereof. Such withdrawal shall not be construed to relieve any party to a library agreement entered into pursuant to this compact from any obligation of that agreement prior to the end of its duration as provided therein.
Article XII. Construction and Severability
This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable, and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact is held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
Added by Acts 1968, No. 216, §1.
No parish, municipality or other political subdivision of this state shall be party to a library agreement which provides for the construction or maintenance of library pursuant to Article III, subdivision (c) 7 of the compact, or pledge its credit in support of such a library, or contribute to the capital financing thereof, except after compliance with any laws applicable to such parishes, municipalities or other political subdivisions relating to or governing capital outlays and the pledging of credit.
Added by Acts 1968, No. 216, §1.
As used in the compact, "state library agency", with reference to this state, means the State Library of Louisiana.
Added by Acts 1968, No. 216, §1; Acts 1991, No. 938, §2.
An interstate library district lying partly within this state may claim and be entitled to receive state aid in support of any of its functions to the same extent and in the same amount as such functions are eligible for support when carried on by entities wholly within this state. Subject to any applicable laws of this state, such a district also may apply for and be entitled to receive and expend any federal aid for which it may be eligible.
Added by Acts 1968, No. 216, §1.
The state librarian shall be the compact administrator pursuant to Article X of the compact. The state librarian may appoint one or more deputy compact administrators pursuant to said article.
Added by Acts 1968, No. 216, §1.
In the event of withdrawal from the compact the state librarian shall send and receive any notices required by Article XI(b) of the compact.
Added by Acts 1968, No. 216, §1.
A.(1) The Council for the Development of French in Louisiana, hereinafter referred to as the "council", is hereby created within the Department of Culture, Recreation and Tourism to preserve, promote, and develop Louisiana's French and Creole culture, heritage, and language.
(2) The official working language of the council and its employees shall be French.
B. The council shall be domiciled in Lafayette, Louisiana.
C. The purposes of the council shall include the following:
(1) To oversee the development and expansion of the state's economic development and tourism activities designed to promote our French culture, heritage, and language.
(2) To promote, develop, and oversee cultural and educational relations and exchanges within the state and between the state of Louisiana and other countries, provinces, and states that share Louisiana's historical French heritage, culture, and language.
(3) To promote, support, and enhance French language immersion educational programs and instruction at all levels of elementary and secondary education in the state by working cooperatively and collaboratively with the State Board of Elementary and Secondary Education and the state Department of Education.
(4) To develop a model French immersion program which can be used by any school seeking to establish a French immersion program within its curriculum.
(5) To increase the number of French immersion schools in the state, with the specific goal of establishing, not later than September 1, 2015, at least one French immersion school in East Baton Rouge Parish and in each of the following parishes which comprise the Acadiana Region:
(a) Acadia
(b) Ascension
(c) Assumption
(d) Avoyelles
(e) Calcasieu
(f) Cameron
(g) Evangeline
(h) Iberia
(i) Iberville
(j) Jefferson Davis
(k) Lafayette
(l) Lafourche
(m) Pointe Coupee
(n) St. Charles
(o) St. James
(p) St. Landry
(q) St. Martin
(r) St. Mary
(s) St. John the Baptist
(t) Terrebonne
(u) Vermilion
(v) West Baton Rouge
(6) To develop a certification system whereby vendors, festivals, and restaurants may be designated "Francophone Friendly" and design and issue a marquee that may be displayed by each certified entity.
(7) To provide and approve Louisiana French terms for the supplement to the Manual on Uniform Traffic Control Devices (MUTCD) to be placed on bilingual and symbol-based signs to be installed by the Department of Transportation and Development on state and federal highways pursuant to the uniform highway marking system, R.S. 32:235 et seq.
D. To reflect the council's educational, social, economic development, and diplomatic missions as provided in this Chapter, the council shall also be authorized to identify itself as "Office of Francophone Affairs" in English or "Agence des Affaires Francophones" in French.
Acts 1968, No. 409, §1. Amended by Acts 1968, Ex. Sess., No. 22, §1; Acts 2010, No. 679, §1; Acts 2012, No. 202, §1; Acts 2014, No. 263, §1.
A. The council shall be composed of twenty-three members as follows:
(1) Two members appointed by the governor.
(2) One member appointed by the lieutenant governor.
(3) One member appointed by the council's Consortium of Louisiana Colleges and Universities.
(4) One member appointed by the Le Centre International de Lafayette.
(5) One member appointed by Louisiana Parents for French Immersion.
(6) The mayor of New Orleans or his designee.
(7) One member appointed by the French-American Chamber of Commerce, Louisiana Chapter.
(8) One member appointed by the Louisiana Educational Television Authority.
(9) One member appointed by La Fondation Louisiane.
(10) Four members appointed by the Louisiana Consortium of Immersion Schools. The appointment of the members shall be made as follows: two members shall reside east of the Atchafalaya River, and two members shall reside west of the Atchafalaya River.
(11) One member appointed by the American Association of Teachers of French, Louisiana Chapter.
(12) One member appointed by the United Houma Nation, one member of the Pointe-Au-Chien Indian Tribe, and one member of the Jean Charles Choctaw Nation, each serving on a two-year rotational basis. The Pointe-Au-Chien Indian Tribe member shall serve from August 1, 2024, through July 31, 2026; the Jean Charles Choctaw Nation member shall serve from August 1, 2026, through July 31, 2028; and the United Houma Nation member shall serve from August 1, 2028, through July 31, 2030. Thereafter, the two-year rotation shall continue in the order provided for in this Paragraph.
(13) One member appointed by the Association Louisiane-Acadie.
(14) One member appointed by the Louisiana State Bar Association, Francophone Section.
(15) One member appointed by the African-American Museum of St. Martinville.
(16) One member appointed by CREOLE, Inc.
(17) Two members appointed by the legislative Acadiana Delegation.
(18) One member appointed by the president of the University of Louisiana at Lafayette, McNeese State University, or Nicholls State University. The appointment of the member pursuant to this Paragraph shall be made as follows: the president of the University of Louisiana at Lafayette shall appoint the member whose term begins in 2024, the president of McNeese State University shall appoint the member whose term begins in 2028, and the president of Nicholls State University shall appoint the member whose term begins in 2032. The university presidents shall rotate appointing a member in this manner for subsequent terms.
B. All members shall be confirmed by the Senate.
C. Members shall serve four-year terms, concurrent with that of the governor.
D. Vacancies shall be filled in the manner of original appointment and each member shall serve until his successor is appointed and takes office.
E. Members of the council shall receive no salary for their services as members, but may be paid a per diem of fifty dollars for attending meetings of the council and may be reimbursed for actual travel expenses in accordance with travel regulations of the division of administration.
F. Any French-speaking elected official in Louisiana may serve on the council as a nonvoting member. Such nonvoting members may be subject to the same provisions regarding compensation in accordance with Subsection E of this Section as provided for members appointed pursuant to Subsection A of this Section.
Acts 1968, No. 409, §1. Amended by Acts 1968, Ex.Sess., No. 22, §1; Acts 2010, No. 679, §1; Acts 2011, No. 194, §1; Acts 2014, No. 832, §9; Acts 2024, No. 574, §1.
NOTE: See Acts 2010, No. 679, §5, regarding creation of an advisory committee.
A. The council shall serve as the official state agency in all relations and exchanges between the state of Louisiana and other countries, provinces, and states enjoying membership or observer status in the Organisation Internationale de la Francophonie and similar organizations.
B. A majority of the council shall constitute a quorum for the transaction of official business. All official actions of the council shall require the affirmative vote of a majority of the members present and voting.
C. The council shall elect a chairman, who shall be fluent in the French language, and may elect such other officers as deemed necessary to effectively conduct the council's business. Officers shall serve two-year terms.
D. The council shall:
(1) Meet at least once a year, or at the call of the chairman, and at such other times deemed necessary by the chairman or the executive committee.
(2)(a) Create an executive committee consisting of seven members of the council, including the chairman of the council and six other council members as the council may determine. All members of the executive committee shall be fluent in the French language.
(b) A majority of the members of the executive committee shall constitute a quorum for the transaction of business. However, when the council has delegated to the committee full power to act with respect to a matter, affirmative action by a majority of the entire committee membership shall be required.
(3)(a) Appoint an executive director, who shall be fluent in French, and who shall perform such duties and possess such qualifications as established by the council.
(b) The executive director shall be in the unclassified service of the state and his compensation shall be determined by the council.
(4) Adopt bylaws and establish policies to govern the operations of the council and the executive committee.
E. The council may:
(1) Cooperate with and advise other state agencies, including public institutions of education.
(2) Establish such committees as it deems necessary to efficiently conduct the council's business.
Acts 1968, No. 409, §3. Amended by Acts 1968, Ex.Sess., No. 22, §1; Acts 2010, No. 679, §1.
NOTE: See Acts 2010, No. 679, §5, regarding creation of an advisory committee.
The Council for the Development of French in Louisiana may accept donations and grants from any source, public and private, in order to accomplish the purposes of the council.
Acts 2010, No. 679, §1.
NOTE: See Acts 2010, No. 679, §5, regarding creation of an advisory committee.
The council shall submit an annual report to the governor, the president of the Senate, the speaker of the House of Representatives, the chairman of the Senate Committee on Education, and the chairman of the House Committee on Education, not later than March first, regarding all actions taken and progress made toward achieving the purposes and duties set forth for the council in this Chapter.
Acts 2010, No. 679, §1.
NOTE: See Acts 2010, No. 679, §5, regarding creation of an advisory committee.
The legislature finds that:
(1) The heritage of the French-speaking people of Louisiana is one of the greatest treasures of Louisiana's rich cultural patrimony and perhaps the most significant factor in making the state's culture unique.
(2) Louisiana has a quarter of a million French-speaking citizens and a million residents of French-language heritage, and French-speaking visitors to Louisiana spend roughly one hundred million dollars annually in the state.
(3) Commercial and industrial concerns based in France have made investments of one billion eight hundred million dollars in the state and further encouragement of such investment is in the interests of the state.
(4) Providing state government services in the French language would encourage the preservation of the state's French cultural heritage for future generations, would provide important and sometimes life-sustaining services to French-speaking citizens and visitors, and would support and encourage French investment in Louisiana, and therefore, would serve not only the state's French-speaking citizens but the entire state.
Acts 2011, No. 106, §1.
The Louisiana French Language Services Program shall be established as provided in this Chapter for the following purposes:
(1) To the extent practicable, to provide state government services to French-speaking citizens and visitors in the French language.
(2) To assist Louisiana citizens who speak French in dealing with and receiving services from state government so as to support the long-term sustainability of Louisiana's historic French cultural heritage.
(3) To assist French-speaking visitors to the state and thus to promote an increase in tourism and greater investment in the state from Francophone countries.
Acts 2011, No. 106, §1.
A. The Department of Culture, Recreation and Tourism, referred to in this Chapter as the "department", in concert with and under the guidance of the Council for the Development of French in Louisiana, shall develop and provide for implementation of a program for provision of services of state government in the French language.
B.(1)(a) In developing the program, the department shall work in cooperation with departments of state government, and such departments shall cooperate with the department.
(b) The Department of Culture, Recreation and Tourism shall also participate in the program in the same manner as other departments.
(2) The department shall request each state department to identify its employees who speak French with sufficient fluency to provide or assist others in providing services of the department to French-speaking persons and shall assist the departments in identifying such employees. The department shall request the Council for the Development of French in Louisiana to assist the departments of state government in identifying employees who speak French with necessary fluency.
(3) The department shall develop guidelines for implementation of the program. Such guidelines shall address such issues as priorities in implementing the program in service areas with greater numbers of French-speaking citizens or visitors and for services dealing with such matters as health, safety, compliance with regulations, or complexity of processes. The implementation guidelines shall also address dealing with limited department resources.
(4) The department shall provide for appropriate insignia, such as a badge with the word "Bienvenue" or "Bonjour" to identify employees who will assist French-speaking clients in accessing and using department services. The department shall provide procedures for recognition of the employees entitled to wear such insignia which may include recognition of the employee's language skills by the Council for the Development of French in Louisiana.
C.(1) The department shall provide for implementation of the program by state departments in accordance with the guidelines developed as provided in this Section and subject to the resources available to individual departments.
(2) The department shall urge the convention and visitors bureaus throughout the state to implement a similar program.
Acts 2011, No. 106, §1.
A. The Department of Culture, Recreation and Tourism shall make recommendations for improving the provision of French language services to state departments, the governor, and the legislature.
B. The department may institute an annual "Sceau d'excellence" [Seal of excellence] designation for the state department, agency, or office that best accomplishes the program's purposes, giving consideration to public visibility and recognition for the program within the department, agency, or office and the proportion of employees who are participating.
Acts 2011, No. 106, §1.
Repealed by Acts 2001, No. 1137, §1.
§§676 to 677. Repealed by Acts 1977, No. 83, §5, effective June 22, 1977
That portion of Louisiana east of the Mississippi River and north of the Isle of Orleans, which was part of the British Colony of West Florida until 1779, the Spanish Colony of West Florida until 1810, and finally the Republic of West Florida in late 1810, is an official region of the state of Louisiana. This unique region, which has national and international significance, shall be known as the Republic of West Florida Historic Region, or the Florida Parishes of Louisiana. The region shall include the parishes of East Baton Rouge, East Feliciana, Livingston, St. Helena, St. Tammany, Tangipahoa, Washington, and West Feliciana.
Acts 1990, No. 1021, §1.
The city of Baton Rouge is designated as the "Birthplace of Louisiana Democracy", because it is the site of the first democratically-elected government in Louisiana, the Assembly of the British Colony of West Florida.
Acts 1990, No. 1021, §1.
The Florida Parishes are designated the "Birthplace of Freedom in Spanish America", because the rebellion against Spain in the Spanish Colony of West Florida in 1810 was the first successful attempt to overthrow Spanish control of any territory in the New World. This rebellion resulted in the establishment of the Republic of West Florida, the first democracy established in any portion of Spanish territory in the Western Hemisphere.
Acts 1990, No. 1021, §1.
The town of St. Francisville is designated as the "Capital of West Florida Republic" because it served as the capital of the Republic of West Florida in 1810.
Acts 1990, No. 1021, §1.
The flag of the Republic of West Florida shall be the official flag of the Republic of West Florida Historic Region. The flag is blue with a single, white, five-pointed star. It shall be known as the "Bonnie Blue". The Bonnie Blue shall fly at all Louisiana Tourism Commission facilities, parish courthouses, and state parks in the region and is authorized to fly at all other state and local public buildings where appropriate and practical.
Acts 1990, No. 1021, §1.
The Department of Culture, Recreation and Tourism shall provide for the creation and periodic distribution of an historic map of the region, which shall indicate the important events which occurred in the region during the colonial period and during the existence of the Republic of West Florida.
Acts 1990, No. 1021, §1.
All official maps of the state of Louisiana printed or authorized by the state shall indicate the boundaries of the region and, when appropriate, shall show the region in a different color from that of the remainder of the state or other regions of the state.
Acts 1990, No. 1021, §1.
The Department of Culture, Recreation and Tourism shall erect markers at all sites of historic significance within the region in order to indicate the important events of the colonial period and during the existence of the Republic of West Florida.
Acts 1990, No. 1021, §1.
The Department of Culture, Recreation and Tourism shall compile and periodically distribute a calendar of events for historic and cultural activities within the region. When the department compiles and distributes calendars of events for the entire state, it shall separate those within the region from the others and list those under the heading, "Republic of West Florida Historic Region".
Acts 1990, No. 1021, §1.
The Department of Culture, Recreation and Tourism shall annually report to the legislature on activities within the region and on progress made in developing the region as a historic and cultural tourist attraction.
Acts 1990, No. 1021, §1.
All entities of the state are authorized to undertake joint projects with entities of the states of Mississippi, Alabama, and Florida, portions of which were formerly part of the Republic of West Florida, in order to preserve, commemorate, and develop the history and culture of the region.
Acts 1990, No. 1021, §1.
The purpose of this Chapter is to promote the educational, cultural, economic and general welfare of the public through the preservation and protection of buildings, sites, monuments, structures and areas of historic interest or importance through their protection, maintenance and development as historic landmarks and their recognition as such in the history and traditions of the state and nation; to establish and improve property values, and to foster the economic development of the areas affected.
Acts 1970, No. 147, §1. Amended by Acts 1975, No. 804, §1.
Any municipality, incorporated town, lake commission, parish, parish council or similar governmental unit, which shall be designated as a governmental unit hereinafter, may establish within its borders an historic preservation district commission to promote the educational, cultural, economic and general welfare of the public and to take such action by vote of its governing body, that is, the mayor and city council, commissioners, mayor and board of aldermen, city-parish council, or police jury, as the case may be. Said governing body may make such appropriations as are necessary for the purpose of carrying out the provisions of this Chapter.
Acts 1970, No. 147, §2. Amended by Acts 1975, No. 804, §2.
Prior to the establishment of an historic preservation district commission, the following steps shall be taken:
(1) The governing body or authority of such governmental unit, be it municipality, incorporated town, parish, parish-council, or similar governmental unit, which shall hereinafter be called the governing body, may appoint an historic preservation study committee for the purpose of making an investigation of any proposed historic preservation district. Said study committee shall consist of from three to seven members appointed by the chief executive official of said governmental unit, by and with the advice and consent of the majority of the governing body as a whole. The members of said study committee shall be electors of the said governmental unit, of the full age of majority, and they shall be chosen, as far as possible, from historical societies, archaeological associations, preservation groups, architectural associations, cultural organizations and educational groups as may exist therein.
(2) The historic preservation study committee shall, after investigation, render to the planning or zoning agency or commission serving the governmental unit, if there be such an agency or commission, a report on the historic significance of the buildings, structures, sites, monuments, areas and landmarks to be governed by the proposed historic preservation district and shall designate the buildings, structures, sites, monuments, areas and landmarks to be regulated by said commission, including suggestions for a proposed ordinance or law designed to implement and carry out the recommendations of said committee. In the absence of such a planning or zoning agency or commission serving the governmental unit said report shall be made to the governing body.
NOTE: TEXT OF PARAGRAPH (3) AS AMENDED BY ACTS 1975, NO. 592, §1, EFF. AUG. 1, 1975:
(3) A copy of said report and accompanying documents shall be filed with the State Art, Historical, and Cultural Preservation Agency.
NOTE: TEXT OF PARAGRAPH (3) AS AMENDED BY ACTS 1975, NO. 804, §3:
(3) A copy of said report and accompanying documents shall be filed with the Louisiana Preservation and Cultural Commission and the Louisiana Art Commission for their consideration and to obtain their advice.
(4)(a) In the event that any museum exists within the unit, a copy of the report and recommendation of the historic preservation study committee shall be filed with it for its consideration and to obtain its advice.
(b) In the event that a chapter or unit of the American Institute of Architects or similar responsible organization of architects exists within the governmental unit, a copy shall be furnished to it for its consideration and to obtain its advice.
(c) In the event that a landmark society exists within the governmental unit, then a copy shall be furnished to it for its consideration and to obtain its advice.
(d) In the event any individual, agency, or organization demonstrates an interest in participating in the review of the committee's report then copy of said report shall be made available to said party for its consideration and in order to obtain its advice.
(5) A public hearing shall be held by the planning or zoning agency or commission, if one exists, serving the governmental unit, at which hearing the report and recommendations of this historic preservation study committee shall be presented and an opportunity afforded the public to consider them. In the absence of said agency or commission the public hearing shall be held by the historic preservation study committee. Written notice of the purpose, time and place of such hearing shall be published in the official journal, if any exists, or in any newspaper of general circulation in the area served by the governmental unit at least once and at least a minimum of seven days before said hearing; and such written notice may be affixed to the bulletin board, front door or other prominent place at or near the main entrance of the building, hall or room where meetings of the governing body are usually held.
(6) The planning or zoning agency or commission if one exists in the governmental unit, shall submit a final written report to the governing body within sixty days after the public hearing and said report and recommendation shall contain (a) a complete description of the area (b) a map or sketch showing the boundaries of the area to be included within any proposed historic preservation district, sites, monuments, areas and landmarks appropriate for landmark and (c) suggestions for a proposed ordinance or law designed to implement and carry out the recommendation of said agency or commission and the provisions of this Chapter. If no planning or zoning agency exists within the governmental unit, the historic preservation study committee shall submit said written report to the governing body within sixty days after the public hearings.
(7) The report and recommendations of the historic preservation district study committee or the planning or zoning commission or agency, as the case may be, shall be reviewed in full at an open meeting of the governing body of the governmental unit involved, within a reasonable time after the rendition of said report, but in any event, not more than ninety days thereafter.
Acts 1970, No. 147, §3. Amended by Acts 1975, No. 592, §1, eff. Aug. 1, 1975; Acts 1975, No. 804, §3.
The governing body, by ordinance, resolution or similar act, may adopt or reject the recommendation of the historic preservation study committee or of the planning or zoning committee or agency or it may refer the matter back to said study committee or said commission or agency, as the case may be, for further study; or said governing body may make such amendments or revisions as it may deem advisable, including the authority to require reasonable financial and administrative conditions in consideration of the overall public good as prerequisites for the creation of any historic district commission. However, any final action taken by said governing body shall be published in the manner usually provided for the official publication of its acts but, in any event, publications shall be made at least once either in such official journal or any other newspaper having general circulation within the governmental unit.
Acts 1970, No. 147, §4. Amended by Acts 1975, No. 804, §4.
The historic preservation study committee shall cease to exist following the completion, presentation or filing of its report and recommendations with the governing body of the governmental unit or filing of its report and recommendations with the planning or zoning agency or commission if one exists or after having considered and acted finally on any suggested changes or amendments.
Acts 1970, No. 147, §5. Amended by Acts 1975, No. 804, §5.
After final consideration of the report and recommendations of the planning or zoning agency or commission or of the historic preservation study committee, whichever the case may be, and upon determining that creation and establishment of a historic preservation district is in the public interest, the governing body may pass an ordinance or law creating and establishing a historic preservation district. Prior to the enactment of any regulations authorized herein, the planning or zoning agency or commission, or the historic preservation study committee, whichever the case may be, shall submit suggestions to the governing body for a proposed ordinance or law, designed to implement and carry out the recommendations of said agency, commission, or committee and the provisions of the Chapter. The governing body may then review said suggestions, and upon determining that the adoption of said suggestions or alternatives is desirable, the governing body may have prepared and may pass an ordinance, law, or resolution, whichever may be applicable, enacting appropriate regulations in accordance with the provisions of this Chapter, and in accordance with the following guidelines, terms, and conditions:
(1) The chief executive official of the governmental unit shall appoint an historic preservation district commission consisting of not more than fifteen electors as designated in the ordinance, residing in the area served by the governmental unit, for four year terms each except that the terms of members of the first commission shall be staggered as set forth in the ordinance; and both they and their successors shall serve for four year terms thereafter. In making appointments, preference may be given as far as possible to members of historic, cultural, educational, archaeological, architectural, artistic and preservation organizations. Said appointments shall be subject to approval by a majority vote of the governing body. Only one historic preservation district commission may be established by a governmental unit except as prescribed under R.S. 25:745.
(2) A commission shall elect annually from its own number a chairman, vice-chairman and any other officers it deems appropriate. All members shall serve without compensation. Reasonable rules and regulations not inconsistent with this Chapter may be adopted.
(3) Subject to appropriations by the governing body, services of compensated clerical and technical assistants may be retained. Donations, trusts, contributions and gifts may be accepted by the historic preservation district provided that they are used to further the purposes for which it exists.
(4) Vacancies shall be filled by appointment in the same manner as the original appointments and any member may be appointed for another term or terms.
(5) Any member may be recalled at any time by the governing body for gross inefficiency, fraud or study neglect, but only after an open hearing and upon notice specifying the complaint involved.
(6) Notwithstanding any other provision of law to the contrary, the members of the Donaldsonville Historic District Commission shall be residents and electors of the district.
Acts 1970, No. 147, §6. Amended by Acts 1975, No. 804, §6; Acts 2001, No. 358, §1.
A. No private building, structure, or edifice, including fences, boundary walls, signs, light fixtures, steps and paving or other appurtenant fixtures shall be erected, altered, restored, moved or demolished within an historic preservation district until after an application for a certificate of appropriateness as to exterior architectural features has been submitted to and approved by an historic preservation district commission, except as otherwise provided by the governing body in the ordinance establishing such commission or as provided by rules, regulations, policies, procedures and standards adopted by said commission. Similarly, if earthworks of historical or archaeological importance exists in the historic district there shall be no excavating or moving of earth, rock or subsoil without a certificate of appropriateness. For the purposes of this Chapter "exterior architectural features" shall include but need not be limited to the color, architectural style, general design and general arrangement of the exterior of a structure, including the kind and texture of the building material, the type and style of all roofs, windows, doors, light fixtures, signs and other appurtenant fixtures. The style, scale, material, size and location of outdoor advertising signs and bill posters within an historic preservation district shall also be under the control of such commission.
B. An historic preservation district commission shall not consider interior arrangement or use but shall consider the relationship of the exterior of the buildings concerned with all others in the historic preservation district as to avoid incongruity and promote harmony therewith.
C. An historic preservation district commission shall adhere to and seek compatibility of structures in the historic district in terms of size, texture, scale and site plan and said commission shall set forth and define guidelines prior to any exercise of its authority.
D. Nothing in this Chapter shall be construed to prevent ordinary maintenance or repairs which do not involve a change of design, material, or of the outward appearance, thereof; nor to prevent the construction, reconstruction, alteration or demolition of any such feature which is required by the public safety because of an unsafe or dangerous condition. The requirements of this Chapter shall not apply to work which has begun or for which a permit has been issued prior to the establishment of the historic preservation district.
E. No review, approval, disapproval or recommendation shall be made by an historic preservation district commission until said commission has adopted rules, regulations, policies, procedures and standards following a public hearing.
Acts 1970, No. 147, §7. Amended by Acts 1975, No. 804, §7.
A. The historic preservation district shall hold a public hearing upon each application for a certificate of appropriateness affecting property under its control except in those instances where the commission has determined that the application for a certificate of appropriateness is not a substantive change and further that the commission has determined the certificate complies with standards adopted by said commission. Notice of the time and place of said hearing shall be given by publication in the form of a legal advertisement appearing in the official journal of the governmental unit or in a newspaper having general circulation in the area served by the governmental unit, provided it has one, at least seven days before such hearing, and by the posting of such notice on or near the main entrance of any hall or room where the commission usually meets.
B. Within not more than forty-five days after the filing of an application the commission shall pass upon it, giving consideration to the factors set forth in R.S. 25:737(A) and (B), and shall give written notice of its decision to the applicant setting forth the reasons therefor. Evidence of approval shall be by certificate of appropriateness issued by the commission, and whatever its decision, notice in writing shall be given to the applicant. The commission shall keep a record of all applications for certificates of appropriateness and of all its doings under this Chapter.
C. No building permit shall be authorized by the governing body which affects a site or structure in the historic preservation district without a certificate of appropriateness except as otherwise permitted by the governing authority.
D. The commission shall have the right to make such recommendations for changes and modifications as it may deem to be necessary in order to enable the applicant to meet with its requirements.
Acts 1970, No. 147, §8. Amended by Acts 1975, No. 804, §8.
Where, by reason of topographical conditions, irregularly shaped lots, or because of unusual circumstances applicable solely to the particular applicant, strict enforcement of the provisions of this Chapter would result in serious undue hardship particularly affecting said applicant, then the commission, in passing upon his application shall have the power to vary or modify adherence to this Chapter; provided always that its requirements insure harmony with the general purposes hereof, and will not adversely affect an historic preservation district as a whole or any designated landmark.
Acts 1970, No. 147, §9. Amended by Acts 1975, No. 804, §9.
A. A historic preservation district commission shall have the power to institute suit in any court of competent jurisdiction, to prevent any unlawful action in violation of the provisions of this Chapter or of any of the rules and regulations adopted by the commission in conformity with it.
B. Any owner, agent, lessee, or other person acting for or in conjunction with him, who shall violate the ordinance or law or rules, regulations, or decisions of a commission, shall be fined not less than fifty dollars nor more than one hundred dollars for each violation, except as hereinafter provided. Any owner, agent, lessee, or other person acting for or in conjunction with him, who shall demolish a structure or edifice without having received an appropriate certificate of appropriateness may be fined a single fine of not less than one thousand dollars nor more than ten thousand dollars. For violations other than demolition without an appropriate certificate of appropriateness, each day that a violation continues shall constitute a separate offense.
Acts 1970, No. 147, §10. Amended by Acts 1975, No. 804, §10; Acts 1979, No. 223, §1, eff. July 8, 1979.
A. Any person or persons aggrieved by any decision, act, or proceeding of an historic preservation district shall have a right to apply in writing to the governing body of the governmental unit for reversal or modification thereof and the chief executive official, or presiding officer of the governing body, shall have the right to stay all further action until the governing body may affirm a decision of the commission by majority vote of all its members. Any such appeal shall be taken in ten days from the date of decision and the governing body may consider said appeal at its next general or special meeting, but in any event, not more than forty-five days thereafter. The governing body shall have the right to reverse, change, or modify any decision of the commission only by a majority vote of all its members.
B. Any person or persons aggrieved by any decision of the governing body affecting said historic preservation district shall have the right to file a civil suit within thirty days from date of decision in a court of competent jurisdiction under the usual rules of procedure governing same, with the right to stay orders and injunctive relief provided the situation warrants it.
Acts 1970, No. 147, §11. Amended by Acts 1975, No. 804, §11; Acts 1979, No. 223, §1, eff. July 8, 1979.
It is the intent and purpose of this Chapter that the regulatory powers conferred by it on an historic preservation district commission, created under its authority, shall apply to all private property, in the area controlled by it, including all buildings, structures, areas, sites, and their adjuncts and appurtenances, insofar as they constitute part of the entirety or tout ensemble of the historic section. Any governmental agency of the state or local government, other than the governing body, having a responsibility for any building, structure, area, site, public way and their adjuncts and appurtenances within the historic preservation site shall seek the advice of the historic district commission prior to the initiation of any substantive change, modification, renovation, restoration or construction.
Acts 1970, No. 147, §12. Amended by Acts 1975, No. 804, §12.
Any historic district that may be created or established under the provisions of this Act may be empowered by the governing body to perform the following:
Make periodic reports to the governing body; provide information to property owners and others involving the preservation of the district; suggest pertinent legislation; initiate planning and zoning proposals; cooperate with other regulatory agencies and civic organizations and groups interested in historic preservation; review all applications for zoning variances and conditional uses where they affect the historic districts; render advice with reference to sidewalk construction and repair, tree planting, street improvements, and also the renovation, restoration or construction of public buildings; furnish information and assistance in connection with any capital improvement program involving the historic area; consult with the National Trust for Historic Preservation and other expert groups; administer such financial mechanisms as the local governing body may establish for the welfare of the governmental unit within an historic district.
Acts 1970, No. 147, §13. Amended by Acts 1975, No. 804, §13.
An historic preservation district commission may be empowered by the local governing body to name or designate any site, location, structure or monument within the area served by the governmental unit as worthy of preservation whether within or outside the confines of an historic district and to exercise all other powers and functions of a landmarks commission, except that no historic district commission shall be empowered to act in a landmark capacity where its jurisdiction overlaps the authority of an existing landmarks commission pursuant to this Act.
Acts 1970, No. 147, §14. Amended by Acts 1975, No. 804, §14.
A.(1) None of the provisions of this Chapter, except the provisions of R.S. 25:746, shall apply to or affect in any way the Vieux Carre Section or Vieux Carre Commission of the city of New Orleans, nor shall the limitation of one historic preservation district commission as set forth in R.S. 25:736(1) apply in governmental units with a population in excess of one hundred fifty thousand persons.
(2) None of the provisions of this Chapter shall apply to or affect in any way any property or collection of properties under common ownership having any lot line on the northerly side of St. Charles Avenue between Calhoun Street and Law Road, or on the southerly side of St. Charles Avenue between Broadway Street and Lowerline Street in the city of New Orleans, Louisiana.
(3) None of the provisions of this Chapter shall apply to or affect any property, site, or area upon lots designated RS1, RS2, RD1, or RD2 under the Comprehensive Zoning Ordinance of the city of New Orleans in that area of the city of New Orleans bounded by the river side of Carondelet Street, the uptown side of Josephine Street, the lake side of Magazine Street, and the uptown side of Louisiana Avenue, except that all properties having a lot line on St. Charles Avenue may be regulated under the terms of this Chapter and except also that all construction of new structures and demolitions of existing structures may be regulated under the terms of this Chapter.
B. Notwithstanding the provisions of R.S. 25:736(1), in parishes with a population of from sixty thousand to one hundred fifty thousand according to the latest federal decennial census, no more than three historic preservation district commissions and three landmarks commissions, or three commissions combining both the district and landmarks functions, shall be established. Any such commission shall be composed of seven members, a majority of whom shall be residents and electors of each such historic preservation district, landmarks district, or combination thereof, as may be created.
Acts 1983, No. 191, §1. Acts 1984, No. 440, §1; Acts 2001, No. 1073, §1; Acts 2001, No. 1228, §1, eff. July 9, 2001; Acts 2012, No. 697, §2.
A. This Section is for the purpose of protecting and promoting the public welfare, protecting and preserving the cultural and historical heritage of the state, and protecting the public trust and enforcing and fulfilling the mandates of the Constitution of Louisiana related to any constitutionally created historic preservation district commission.
B. The following definitions shall apply in this Section:
(1) "Business agent or lessee" means an agent or lessee of an owner of a private or semi-public building, or other private or semi-public immovable property located, in whole or in part, within a historic preservation district, who is operating a business in, or has control of, the building or immovable property, but shall not include a residential lessee who merely resides or is domiciled in the building.
(2) "Commission" means (a) each historic preservation commission authorized, created, established, and/or existing under the Louisiana Constitution of 1921 for which constitutional authority is retained by the Louisiana Constitution of 1974 and (b) each historic preservation commission which is created or established, now or hereafter, in the Louisiana Constitution of 1974.
(3) "District" means a designated or defined area of a municipality placed under the authority of a commission for purposes of historic preservation.
(4) "Essential assets" means (a) the quaint and distinctive character of a district, (b) the value to the community of the buildings having architectural or historical worth in a district, and (c) the public trust placed in a commission, or in a governing body or authority, by the constitution for the preservation of (a) and (b).
(5) "Essential duties" means to (a) preserve a district for the benefit of the people of the district, the municipality, and this state, (b) prevent the quaint and distinctive character of a district from being injuriously affected, (c) protect the value to the community of the buildings having architectural and historical worth from being impaired, and (d) ensure that a reasonable degree of control is being exercised over the architecture of private and semi-public buildings erected on or abutting the public streets of a district.
(6) "Person" means a commission, a governing body or authority of a district, an applicant for a permit from a commission, any incorporated or unincorporated neighborhood or residential group or association which has members residing or domiciled in the district, any landowner association which has members owning, leasing, or using immovable property in the district, or any business association which has members operating businesses in the district, and any incorporated or unincorporated historical preservation association having members domiciled in this state.
(7) "Quaint and distinctive character of a historic preservation district" includes but is not limited to the historic or traditional ambiance of the district, the antiquity of the district, the historic "tout ensemble" of the district, the old-fashioned or traditional neighborhood quality of the district, and the lighting and traditional architectural styles and details of the district.
C.(1) Any person aggrieved by a decision, recommendation, act, failure to act, or proceeding of a commission or an agency of the governing body or authority which has permitting, regulatory, or enforcement authority within a district, which decision, recommendation, act, failure to act, or proceeding is inconsistent with the public trust placed in, or the essential duties or purpose of, the commission, or the governing body or authority, by the constitution for the preservation of essential assets of the district, may apply in writing to the governing body or authority for a reversal or modification of the decision, recommendation, act, or proceeding, or for an order to take action or a specific action, in order to comply with the purpose and essential duties of the commission or the governing body or authority. Such person may also have a stay or stop order issued while the application is pending.
(2) An application or appeal under Paragraph (1) of this Subsection shall be filed within thirty days of the commission, or an agency of the governing body or authority, notifying the applicant in writing or, if not notified in writing, within thirty days of the applicant's actual knowledge of, but no later than one hundred eighty days of, the decision, recommendation, proceeding, act, or failure to act.
(3) The governing body or authority shall consider the application or appeal filed under Paragraph (1) of this Subsection within forty-five days of its filing and shall thereafter render a written decision setting forth its reasons within a reasonable period of time. In reaching its decision, the governing body or authority shall consider paramount the purpose and essential duties of the commission, or the governing body or authority.
(4) In a matter filed under Paragraph (1) of this Subsection, if it appears from the specific facts alleged in the application and verified by a supporting affidavit that immediate and irreparable injury, loss, damage, or impairment will result to an essential asset of the district, the governing body or authority shall order or grant a stay or stop order. Security shall not be required.
D.(1) Any person aggrieved by an action or a decision of a governing body or authority affecting a district for the reason that an action or decision of the governing body or authority is inconsistent with the public trust placed in, or the essential duties and purpose of, the commission, or the governing body or authority, by the constitution for the preservation of essential assets of the district, may intervene in an action, or file suit within thirty days from the date of the action or decision in a district court in the parish in which the district is located to seek reversal or modification of the decision, injunctive relief, writ of mandamus, or any other relief provided by law or equity, in order to seek compliance with the purpose and essential duties of the commission, or the governing body or authority.
(2) A suit filed under Paragraph (1) of this Subsection shall be tried as a summary proceeding. The court shall take proof as in ordinary cases. In actions for injunctive relief, the court shall also take verified pleadings and supporting affidavits.
(3) In an action under Paragraph (1) of this Subsection, the court shall consider paramount the purpose and essential duties of the commission and its governing body or authority under the constitution, and the court shall liberally construe the purpose and essential duties in favor of preserving the quaint and distinctive character of the district.
(4) It is not a defense to an action under Paragraph (1) of this Subsection that other similar non-conforming alterations in violation of historic preservation rules, regulations, laws, or the constitution exist or have been allowed to exist by the commission, or its governing body or authority or one of its agencies.
(5) In an action under Paragraph (1) of this Subsection, if it appears from the specific facts alleged by verified petition or by supporting affidavit that immediate and irreparable injury, loss, damage, or impairment will result to an essential asset of the district, the court shall grant a stay, or issue a temporary restraining order or preliminary injunction. Security shall not be required.
E.(1) Notwithstanding Subsection C of this Section, while pursuing or attempting to pursue relief under Paragraph (1) of that Subsection, any person aggrieved by a decision of or the issuance of a permit by a commission, or an agency of the governing body or authority which has permitting, regulatory or enforcement authority within a district, which decision or permit is inconsistent with the public trust placed in, or the essential duties or purpose of, the commission, or the governing body or authority, by the constitution for the preservation of essential assets of the district, shall have an immediate right to seek injunctive relief in a district court in the parish in which the district is located in order to prevent immediate and irreparable injury, loss, damage, or impairment to an essential asset of the district.
(2) In an action under Paragraph (1) of this Subsection, the court shall consider paramount the essential purpose and duties of the commission and its governing body or authority under the constitution, and the court shall liberally construe the purpose and duties therein in favor of preserving the quaint and distinctive character of the district.
(3) It is not a defense to an action under Paragraph (1) of this Subsection that other similar non-conforming alterations in violation of historic preservation rules, regulations, laws, or the constitution exist or have been allowed to exist by the commission, or its governing body or authority or one of its agencies.
(4) In an action under Paragraph (1) of this Subsection, if it appears from the specific facts alleged by verified petition or by supporting affidavit that immediate and irreparable injury, loss, damage, or impairment will result to an essential asset of the district, the court shall issue a temporary restraining order or preliminary injunction. Security shall not be required.
F.(1) An owner of a private or semi-public building, or other private or semi-public immovable property, located in whole or in part within a district is bound to keep the building and immovable property in repair so that the building or immovable property does not fall into ruin. A building has fallen into ruin when the building is in danger of falling, part of it falling, or needing to be demolished. The danger need not be imminent.
(2) Any person may compel an owner in violation of Paragraph (1) of this Subsection, or, if justice requires, the owner's business lessee or agent who has control of the building or immovable property, to have the building or immovable property reasonably repaired and properly cared for in reasonable compliance with Paragraph (1) of this Subsection. The reasonable repair and proper care of the building or the immovable property shall be made in compliance with the rules of the commission for the district in which the building or immovable property is located.
G. In all actions under this Section, the supreme court and courts of appeal shall consider paramount the purpose and essential duties of the commission and its governing body or authority under the constitution, and the corresponding duties and limitation of rights of the owner or lessee of a building or immovable property located in whole or in part within the district resulting from or because of its designation. The court shall liberally construe the purpose, duties, and limitation of rights in favor of preserving the quaint and distinctive character of the district.
H. The rights, actions, and rights of action in this Section are in addition and supplemental to any other rights, actions, and rights of action provided by the constitution, law, home rule charter, municipal ordinance, rule, or regulation.
Acts 2001, No. 1228, §1, eff. July 9, 2001.
A. The purposes of this Part are to promote the educational, cultural, economic, and general welfare of the public through the preservation and protection of buildings, sites, monuments, structures, and areas of historic interest or importance through their protection, maintenance, and development as historic landmarks and their recognition as such in the history and among the traditions of the state and nation; to establish and improve property values; and, to foster the economic development of the areas affected.
B. The legislature of this state has determined that the historical, architectural, and cultural heritage of this state is among the most important environmental assets of this state and furthermore that the rapid social and economic development of contemporary society threatens to destroy the remaining vestiges of this heritage, and it is thus hereby declared to be the public policy and in the public interest of this state to engage in a comprehensive program of historic preservation, undertaken at all levels of the government of this state and its political subdivisions, along with the private sector, to promote the use and conservation of such property for the education, inspiration, pleasure, and enrichment of the citizens of this state.
Acts 1974, No. 273, §1. Amended by Acts 1975, No. 592, §1, eff. Aug. 1, 1975.
The governing body of the city of New Orleans and the parishes of Franklin, Tensas, LaSalle, Catahoula, Concordia, and Caldwell, which city and parishes shall be designated as "governmental unit" hereinafter in this Part, may establish within the borders of the city or parish a historic preservation district commission or a landmarks commission or a combination of the two to promote the educational, cultural, economic, and general welfare of the public. The governing body may make such appropriations as are necessary for the purpose of carrying out the provisions of this Part.
Acts 1974, No. 273, §2; Acts 2011, 1st Ex. Sess., No. 4, §1.
Prior to the establishment of an historic preservation district or of a landmarks commission, the following steps shall be taken:
(1) The governing body or authority of such governmental unit, be it municipality, incorporated town, parish, parish council, or similar governmental unit, which shall hereinafter be called the "governing body", may appoint an historic preservation study committee for the purpose of making an investigation of any proposed historic preservation district and/or a landmarks commission. Said study committee shall consist of from three to seven members appointed by the chief executive official of said governmental unit, by and with the advice and consent of the majority of the governing body as a whole. The members of said study committee shall be electors of the said governmental unit, of the full age of majority, and they shall be chosen, as far as possible, from any existing historical societies, archaeological associations, preservation groups, architectural associations, cultural organizations and educational groups as may exist therein.
(2) The historic preservation study committee shall, after investigation, render to the planning or zoning agency or commission serving the governmental unit, if there be such an agency or commission, a report on the historic significance of the buildings, structures, sites, monuments, areas and landmarks to be governed by the proposed historic preservation district and/or landmarks commission and shall designate the buildings, structures, sites, monuments, areas and landmarks to be regulated by said commission, including suggestions for a proposed ordinance or law designed to implement and carry out the recommendations of said committee. In the absence of such a planning or zoning agency or commission serving the governmental unit said report shall be made to the governing body.
(3) A copy of said report and accompanying documents shall be filed with the State Art, Historical, and Cultural Preservation Agency.
(4)(a) In the event that any museum exists within the unit a copy of the report and recommendation of the historic preservation study committee shall be filed with it for its consideration and to obtain its advice.
(b) In the event that a chapter or unit of the American Institute of Architects or similar responsible organization of architects exists within the governmental unit, a copy shall be furnished to it for its consideration and to obtain its advice.
(c) In the event that a landmarks society or commission exists within the governmental unit, then a copy shall be furnished to it for its consideration and to obtain its advice.
(d) In the event any individual, agency, or organization demonstrates an interest to participate in the review of the committee's report then copies of said report shall be made available to said parties for its consideration and in order to obtain its advice.
(5) A public hearing shall be held by the planning or zoning agency or commission, if one exists serving the governmental unit, at which hearing the report and recommendations of this historic preservation study committee shall be presented and an opportunity afforded the public to consider them. In the absence of said agency or commission the public hearing shall be held by the historic preservation study committee. Written notice of the purpose, time and place of such public hearing shall be published in the official journal, if any exists, or in any newspaper of general circulation in the area served by the governmental unit at least once and at least a minimum of seven days before said hearing; and such written notice may be affixed to the bulletin board, front door or other prominent place at or near the main entrance of the building, hall or room where meetings of the governing body are usually held.
(6) The planning or zoning agency or commission if one exists in the governmental unit, shall submit a final written report to the governing body within sixty days after the public hearing and said report and recommendation shall contain (a) a complete description of the area; (b) a map or sketch showing the boundaries of the area to be included within any proposed historic preservation district; (c) an indication of the type of buildings, structures, sites, monuments, areas and landmarks appropriate for landmark designation, and (d) suggestions for a proposed ordinance or law designed to implement and carry out the recommendation of said agency or commission and the provisions of the Part. If no planning or zoning agency exists within the governmental unit, the historic preservation study committee shall submit said written report to the governing body within sixty days after the public hearings.
(7) The report and recommendations of the historic preservation district study committee or the planning or zoning commission or agency, as the case may be, shall be reviewed in full at an open meeting of the governing body of the governmental unit involved, within a reasonable time after the rendition of said report, but in any event, not more than ninety days thereafter.
Acts 1974, No. 273, §3. Amended by Acts 1975, No. 592, §1, eff. Aug. 1, 1975.
The governing body, by ordinance, resolution or similar act, may adopt or reject the recommendation of the historic preservation study committee or of the planning or zoning committee or agency or it may refer the matter back to said study committee or said commission or agency, as the case may be, for further study; or said governing body may make such amendments or revisions as it may deem advisable, including the authority to require reasonable financial and administrative conditions in consideration of the overall public good as prerequisites for the creation of any historic district and/or landmarks commission. However, any final action taken by said governing body shall be published in the manner usually provided for the official publication of its acts but, in any event, publications shall be made at least once either in such official journal or any other newspaper having general circulation within the governmental unit.
Acts 1974, No. 273, §4.
The historic preservation study committee shall cease to exist following the completion, presentation or filing of its report and recommendations with the governing body of the governmental unit or filing of its report and recommendations with the planning or zoning agency or commission if one exists or after having considered and acted finally on any suggested changes or amendments.
Acts 1974, No. 273, §5.
After final consideration of the report and recommendations of the planning and/or zoning agency or commission or of the historic preservation study committee, whichever the case may be, and upon determining that creation and establishment of a historic preservation district and/or a landmarks commission is in the public interest, the governing body may pass an ordinance or law creating and establishing a historic preservation district and/or landmarks commission. Prior to the enactment of any regulations authorized herein, the planning and/or zoning agency or commission, or the historic preservation study committee, whichever the case may be, shall submit suggestions to the governing body for a proposed ordinance or law, designed to implement and carry out the recommendations of said agency, commission, or committee and the provisions of the Part. The governing body may then review said suggestions, and upon determining that the adoption of said suggestions or alternatives is desirable, the governing body may have prepared and may pass an ordinance, law or resolution, whichever may be applicable, enacting appropriate regulations in accordance with the provisions of this Part, and in accordance with the following guidelines, terms and conditions:
(1) The chief executive official of the governmental unit shall appoint an historic preservation district commission and/or landmarks commission consisting of not more than fifteen electors as designated in the ordinance residing in the area served by the governmental unit, for four year terms each except that the terms of members of the first commission shall be staggered as set forth in the ordinance; and both they and their successors shall serve for four year terms thereafter. In making appointments, preference may be given as far as possible to members of historic, cultural, educational, archaeological, architectural, artistic and preservation organizations. Said appointments shall be subject to approval by a majority vote of the governing body. Only one historic preservation district commission and one landmarks commission or one commission combining both the district and landmark functions may be established by a governmental unit except as prescribed under R.S. 25:767.
(2) A commission shall elect annually from its own number a chairman, vice-chairman and any other officers which it deems appropriate. All members shall serve without compensation. Reasonable rules and regulations not inconsistent with this Part may be adopted.
(3) Subject to appropriations by the governing body, services of compensated clerical and technical assistants may be retained. Donations, trusts, contributions and gifts may be accepted by the historic preservation district or landmarks commission provided that they are used to further the purposes for which it exists.
(4) Vacancies shall be filled by appointment in the same manner as the original appointments and any member may be appointed for another term or terms.
(5) Any member may be recalled at any time by the governing body for gross inefficiency, fraud or studied neglect, but only after an open hearing and upon notice specifying the complaint involved.
Acts 1974, No. 273, §6.
A. No private building, structure, or edifice, including fences, boundary walls, signs, light fixtures, steps and paving or other appurtenant fixtures shall be erected, altered, restored, moved or demolished within an historic preservation district until after an application for a certificate of appropriateness as to exterior architectural features has been submitted to and approved by an historic preservation district commission, except as otherwise provided by the governing body in the ordinance establishing such commission or as provided by rules, regulations, policies, procedures and standards adopted by said commission. Similarly, if earthworks of historical or archaeological importance exists in the historic district there shall be no excavating or moving of earth, rock or subsoil without a certificate of appropriateness. For the purposes of this Part "exterior architectural features" shall include but need not be limited to the color, architectural style, general design and general arrangement of the exterior of a structure, including the kind and texture of the building material, the type and style of all roofs, windows, doors, light fixtures, signs and other appurtenant fixtures. The style, scale, material, size and location of outdoor advertising signs and bill posters within an historic preservation district shall also be under the control of such commission.
B. An historic preservation district commission shall not consider interior arrangement or use but shall consider the relationship of the exterior of the buildings concerned with all others in the historic preservation district as to avoid incongruity and promote harmony therewith.
C. An historic preservation district commission shall adhere to and seek compatibility of structures in the historic district in terms of size, texture, scale and site plan and said commission shall set forth and define guidelines prior to any exercise of its authority.
D. Nothing in this Part shall be construed to prevent ordinary maintenance or repairs which do not involve a change of design, material, or of the outward appearance, thereof; nor to prevent the construction, reconstruction, alteration or demolition of any such feature which is required by the public safety because of an unsafe or dangerous condition. The requirements of this Part shall not apply to work which has begun or for which a permit has been issued prior to the establishment of the historic preservation district.
E. No review, approval, disapproval or recommendation shall be made by an historic preservation district commission until said commission has adopted rules, regulations, policies, procedures and standards following a public hearing.
Acts 1974, No. 273, §7.
A landmarks commission shall not consider interior arrangement or use of a designated building, structure, site, monument, area, or other landmark. Nothing in this Part shall be construed to prevent ordinary maintenance or repairs which do not involve a change of design, material, or of the outward appearance thereof; nor to prevent the construction, reconstruction, alteration or demolition of any such feature which is required by the public safety because of an unsafe or dangerous condition. The requirements of this Part shall not apply to work for which a permit has been issued prior to designation of a landmark property; provided, however, that the commission shall have the authority to prohibit issuance of building or demolition permits affecting the property under consideration for landmark designation, said prohibition to remain in effect for the length of time required by the commission for final action on the proposed designation. No review, approval, disapproval or recommendation shall be made by a landmarks commission until said commission has adopted rules, regulations, policies, procedures and standards following a public hearing. A landmarks commission created under authority of this Part may exercise the following powers:
(1) To name, or designate any site, building, structure, monument, area, or other landmark located within the area served by the governmental unit as historic and worthy of preservation;
(2) To recommend appropriate legislation for the preservation of any building, structure, site, monument, area or other landmark which it has so named or designated;
(3) To make application with the approval of the local governing body for federal funds when appropriate and available;
(4) To review applications for building permits proposing erection, alteration, restoration or moving of any building, structure, site, monument, area or other landmark which it has so named and designated, and to issue or deny certificates of appropriateness accordingly;
(5) To review all applications for demolition permits proposing demolition of all or part of any building, structure, monument, or other landmark which it has so named and designated, and to issue certificates of appropriateness or to deny them for one year;
(6) To work with the owner of landmark property throughout the year following a refusal to issue a certificate of appropriateness pursuant to an application for a demolition permit, and to seek alternative economic uses for the landmark property;
(7) To renew its denial of a certificate of appropriateness for demolition of landmark property for additional one year periods indefinitely thereafter, following a public hearing each time at which the owner of the affected property shall be afforded an opportunity to appear with counsel and to present testimony;
(8) To appoint a landmark area advisory board of three to seven members, all of whom shall reside within a designated landmark area, to act as a neighborhood advisory group to the commission.
A landmarks commission shall not exercise any regulatory powers over designated landmark property located within an historic preservation district.
Acts 1974, No. 273, §8.
The following procedure shall be adhered to in designating any building, structure, site, monument, or other landmark as worthy of preservation:
(1) The landmarks commission shall consider for landmark designation any property proposed by motion of any commission member or by the owner of proposed property.
(2) Notice of a proposed designation shall be sent by registered mail to the owner of property proposed for landmark designation, describing the property proposed and announcing a public hearing by the landmarks commission to consider said designation.
(3) The landmarks commission shall also send notice of a proposed designation to all city agencies having previously requested notification of such proceedings; to the landmark area advisory board in whose area the proposed landmark is located, if any; and to other parties customarily informed by the commission of such proceedings.
(4) The landmarks commission shall also cause notice of the proposed designation to be published at least seven days prior to the public hearing in the official journal of the governmental unit and shall post notice of the hearing in the place where the commission meets.
(5) The landmarks commission shall solicit expert testimony regarding the historic and architectural importance of the building, structure, site, monument, area or other landmark under consideration for designation.
(6) The landmarks commission may present testimony or documentary evidence of its own to establish a record regarding the historic and architectural importance of the proposed landmark property.
(7) The landmarks commission shall afford to the owner of said proposed property reasonable opportunity to present testimony or documentary evidence regarding the historic and architectural importance of the proposed landmark property.
(8) The owner of property proposed for landmark designation shall be afforded the right of representation by counsel and reasonable opportunity to cross examine witnesses presented by the landmarks commission.
(9) Any interested party may present testimony or documentary evidence regarding the proposed landmark designation at the public hearing and may submit to the landmarks commission documentary evidence within three days after the hearing.
(10) Within not more than forty-five days after a public hearing, the landmarks commission shall render a final decision regarding the proposed designation and shall give written notice of its decision to the owner of the property proposed for designation setting forth the reasons thereof.
(11) The landmarks commission shall maintain a record of all testimony and documentary evidence submitted to the commission for consideration of a proposed landmark designation.
(12) Within thirty days of the date on which the landmarks commission designates any building, structure, site, monument, landmark as worthy of preservation, the commission shall cause to be filed in the conveyance office of the parish in which the designated landmark property is located a certificate of notification that such property is designated a landmark, and said certificate of notification shall be maintained on the public records until such time as the landmark designation may be withdrawn by the commission.
Acts 1974, No. 273, §9.
A. The historic preservation district or landmarks commission shall hold a public hearing upon each application for a certificate of appropriateness affecting property under its control except in those instances where the commission has determined that the application for a certificate of appropriateness is not a substantive change and further that the commission has determined the certificate complies with standards adopted by said commission. Notice of the time and place of said hearing shall be given by publication in the form of a legal advertisement appearing in the official journal of the governmental unit or in a newspaper having general circulation in the area served by the governmental unit, provided it has one, at least seven days before such hearing, and by the posting of such notice on or near the main entrance of any hall or room where the commission usually meets.
B. Within not more than forty-five days after the filing of an application the commission shall pass upon it, giving consideration to the factors set forth in R.S. 25:757(A) and (B), and shall give written notice of its decision to the applicant setting forth the reasons therefor. Evidence of approval shall be by certificate of appropriateness issued by the commission, and whatever its decision, notice in writing shall be given to the applicant. The commission shall keep a record of all applications for certificates of appropriateness and of all its doings under this Part.
C. No building permit shall be authorized by the governing body which affects a site or structure in the historic preservation district or a designated landmark without a certificate of appropriateness except as otherwise permitted by the governing authority.
D. The commission shall have the right to make such recommendations for changes and modifications as it may deem to be necessary in order to enable the applicant to meet with its requirements.
Acts 1974, No. 273, §10.
Where, by reason of topographical conditions, irregularly shaped lots, or because of unusual circumstances applicable solely to the particular applicant, strict enforcement of the provisions of this Part would result in serious undue hardship particularly affecting said applicant, then the commission, in passing upon his application, shall have the power to vary or modify adherence to this Part; provided always that its requirements insure harmony with the general purposes hereof, and will not adversely affect an historic preservation district as a whole or any designated landmark.
Acts 1974, No. 273, §11.
A. A landmarks commission and an historic preservation district commission shall have the power to institute suit in any court of competent jurisdiction, to prevent any unlawful action in violation of the provisions of this Part or of any of the rules and regulations adopted by the commission in conformity with it.
B. Any owner, agent, lessee or other person acting for or in conjunction with him, who shall violate the ordinance or law or rules, regulations or decisions of a commission, shall be fined not less than fifty dollars nor more than one hundred dollars for each violation. Each day that a violation continues shall constitute a separate offense.
Acts 1974, No. 273, §12.
Notwithstanding any other provision of law to the contrary, in the city of New Orleans, any owner, agent, lessee, or other person acting for or in conjunction with him who demolishes a structure or edifice located in the city of New Orleans without having received an appropriate certificate of appropriateness may be fined a single fine of not more than the greater of twenty-five thousand dollars or fifteen percent of the assessed value of the structure or edifice in accordance with the assessed value immediately preceding the demolition as provided for in the tax rolls of the city.
Acts 2022, No. 611, §1.
A. Any person or persons aggrieved by any decision, act or proceeding of an historic preservation district or landmarks commission shall have a right to apply in writing to the governing body of the governmental unit for reversal or modification thereof; and the chief executive official, or presiding officer of said governing body, shall have the right to stay all further action until said governing body may affirm a decision of the commission by majority vote of all its members. Any such appeal shall be taken in ten days from date of decision; and said governing body may consider said appeal at its next general or special meeting, but in any event, not more than forty-five days thereafter. Said governing body shall have the right to reverse, change or modify any decision of the commission only by two-thirds vote of all its members.
B. Any person or persons aggrieved by any decision of the governing body affecting said historic preservation district or a designated landmark shall have the right to file a civil suit within thirty days from date of decision in a court of competent jurisdiction under the usual rules of procedure governing same, with the right to stay orders and injunctive relief provided the situation warrants it.
Acts 1974, No. 273, §13.
It is the intent and purpose of this Part that the regulatory powers conferred by it on an historic preservation district commission, created under its authority, shall apply to all private property, in the area controlled by it, including all buildings, structures, areas, sites, and their adjuncts and appurtenances, insofar as they constitute part of the entirety or "tout ensemble" of the historic section. Any governmental agency of the state or local government, other than the governing body, having a responsibility for any building, structure, area, site, public way and their adjuncts and appurtenances within the historic preservation site shall seek the advice of the historic district commission prior to the initiation of any substantive change, modification, renovation, restoration or construction.
Acts 1974, No. 273, §14.
Any historic district and/or landmarks commission that may be created or established under the provisions of this Part may be empowered by the governing body to perform the following:
Make periodic reports to the governing body; provide information to property owners and others involving the preservation of the district; suggest pertinent legislation; initiate planning and zoning proposals; cooperate with other regulatory agencies and civic organizations and groups interested in historic preservation; review all applications for zoning variances and conditional uses where they affect the historic districts; render advice with reference to sidewalk construction and repair, tree planting; street improvements, and also the renovation, restoration or construction of public buildings; furnish information and assistance in connection with any capital improvement program involving the historic area; consult with the National Trust for Historic Preservation and other expert groups; administer such financial mechanisms as the local governing body may establish for the welfare of the governmental unit within an historic district or which may apply to designated landmark property.
Acts 1974, No. 273, §15.
A historic preservation district commission may be empowered by the local governing body to name or designate any site, location, structure, or monument within the area served by the governmental unit as worthy of preservation whether within or outside of the confines of its historic district and to exercise all other powers and functions of a landmarks commission as specifically enumerated above, except that no historic district commission shall be empowered to act in a landmarks capacity where its jurisdiction overlaps the authority of an existing landmarks commission created pursuant to this Part.
Acts 1974, No. 273, §16.
A. None of the provisions of this Part shall apply to or affect in any way any municipality or parish except the city of New Orleans and the parishes of Franklin, Tensas, LaSalle, Catahoula, Concordia, and Caldwell. None of the provisions of this Part shall apply to or affect in any way the Vieux Carre' Section or Vieux Carre' Commission of the city of New Orleans as defined by Article XIV, Section 22A of the Constitution of Louisiana of 1921, nor shall the limitation of one historic preservation district commission as set forth in R.S. 25:756(1) apply to the city of New Orleans.
B. None of the provisions of this Part shall apply to or affect any property, site, or area upon lots designated RS1, RS2, RD1, or RD2 under the Comprehensive Zoning Ordinance of the city of New Orleans in that area of the city of New Orleans bounded by the river side of Carondelet Street, the uptown side of Josephine Street, the lake side of Magazine Street, and the uptown side of Louisiana Avenue, except that all properties having a lot line on St. Charles Avenue may be regulated under the terms of this Part and except also that all construction of new structures and demolitions of existing structures may be regulated under the terms of this Part.
C. Any historic preservation district commission created pursuant to the provisions of R.S. 25:731 to 25:745 shall not be affected hereby nor shall any other similar entity heretofore created by the legislature be affected hereby particularly, but without limitation, those created pursuant to R.S. 25:305 through 25:455, nor shall such entity affect any commission established pursuant to this Part nor shall the provisions of this Part impair, affect or repeal the authority of municipalities or parishes, to establish historic preservation districts pursuant to R.S. 25:731 to 25:745.
Acts 1974, No. 273, §§17, 18. Amended by Acts 1978, No. 789, §1; Acts 1984, No. 440, §1; Acts 2001, No. 1073, §1; Acts 2011, 1st Ex. Sess., No. 4, §1.
The legislature hereby declares that it is the public policy of this state to provide for the historic preservation of the buildings and grounds within the State Capitol Historic District in order that these buildings and grounds may be preserved for the education, inspiration, pleasure, and enrichment of the citizens of this state.
Added by Acts 1979, No. 650, §1.
A. There is hereby created the State Capitol Historic District, hereafter referred to as the district.
B. The district shall have jurisdiction, for purposes of preservation, as hereinafter provided, over:
(1) The old and new state capitol buildings;
(2) The old governor's mansion;
(3) The pentagon courts;
(4) The capitol annex;
(5) The old arsenal museum;
(6) All state-owned buildings within the city of Baton Rouge listed on the National Register of Historic Places; and
(7) Those state properties within the city of Baton Rouge incorporated into the jurisdiction of the district through the recommendations of the State Review Committee for Historic Preservation. The district shall have jurisdiction over the grounds of each of these buildings.
Added by Acts 1979, No. 650, §1. Acts 1983, No. 544, §1.
The division of historic preservation, office of cultural development, Department of Culture, Recreation and Tourism, hereinafter referred to as the office, shall administer the provisions of this Part.
Acts 1983, No. 687, §4; Acts 1997, No. 785, §1.
A. The office shall regulate the historic character of the buildings, furnishings, and grounds of the district.
B. No building, structure, or edifice, including fences, boundaries, walls, signs, light fixtures, steps, and paving, or other appurtenant fixtures shall be erected, altered, restored, moved, or demolished within the district until an application for a certificate of appropriateness has been submitted to and approved by, and the certificate issued by the office.
C. No furniture, objects of art or any other interior furnishings of any building within the district shall be removed, altered, stored, replaced, or demolished, or otherwise disposed of until a certificate of appropriateness has been submitted to and approved by the office. The provisions of this Subsection shall apply to furniture, objects of art, and other furnishings which have historic significance. The provisions of this Subsection shall not be construed to interfere with the normal operation of state agencies and boards housed in buildings within the district or the normal use and maintenance thereof.
D. There shall be no excavating or moving of earth, rock, or subsoil within the district until a certificate of appropriateness has been submitted to and approved by the office.
E. There shall be no rearrangement of the grounds of any building within the district until a certificate of appropriateness has been submitted to and been approved by the office. The provisions of this Subsection shall not be construed to interfere with normal maintenance of any grounds within the district.
F. The provisions of this Part shall not be construed to prevent ordinary maintenance or repairs which do not involve a change of design, material, or of the outward appearance thereof; nor to prevent the construction, reconstruction, alteration, or demolition of any feature which is required for the public safety because of an unsafe or dangerous condition. The provisions of this Part shall not apply to work which was begun or for which a permit was issued prior to the effective date of this Part.
G. The office shall adopt and promulgate rules, regulations, and standards for the administration of this Part. No review, approval, disapproval, or recommendation shall be made by the office prior to the adoption and promulgation of such rules, regulations, and standards. It shall hold public hearings prior to adoption of any rule.
Added by Acts 1979, No. 650, §1.
A. All applications for certificates of appropriateness shall be in writing and shall be directed to the office.
B. The office shall issue certificates of appropriateness for all applications which the office determines do not require substantive changes and which comply with the standards adopted and promulgated by the office.
C. Except as otherwise provided in this Section, the office shall hold a public hearing on each application. Notice of the time and place of the hearing shall be given to each applicant and shall be published in the official journal of the state. The hearing shall be held not less than seven days after the notice has been published and transmitted to the applicant. The hearing shall be held in accordance with the provisions of the Administrative Procedure Act governing rule making hearings.
D. The office shall render a decision on each application not later than fourteen days after the public hearing. Each applicant shall be given written notice of the decision and the notice shall set forth therein the reasons therefor. The office may approve an application by issuing a certificate of appropriateness, may deny an application, or may make such recommendations for changes and modification of the application as the office deems necessary to enable the applicant to comply with the standards adopted and promulgated by the office.
Added by Acts 1979, No. 650, §1.
A. The Natchitoches Historic District Development Commission, hereinafter the "commission", is hereby created to be a body politic and corporate and a political subdivision of the state with all of the powers of a political subdivision and with such further powers and functions as are set forth in this Section. The commission is created for the purpose of the planning and development of the Natchitoches Historic District, a national landmark, hereinafter the "district", as such district is created and its area described in Chapter 16 of the Code of Ordinances of the City of Natchitoches.
B. The commission shall direct the production and maintenance of a master plan for the development of the district, which plan shall specifically provide for the development of tourism and maintenance of the historic integrity of the district. The commission shall adopt an initial plan no later than February 1, 1999. Prior to the adoption of any such plan, there shall have been a thirty-day period for public review of the plan as finally proposed for adoption, which review period shall culminate in the commission's holding at least one public hearing on the plan.
C. If, on July 1, 1999, no contract has been awarded by the city of Natchitoches for the construction of the Natchitoches Convention Center, then the commission may select a site for construction of the center. The selection of the site for the Natchitoches Convention Center by the commission shall not be construed to impede or abrogate the city of Natchitoches' solicitation of the state for funding for the construction of the center.
D. The commission may:
(1) Receive grants, donations, funds, or other resources from any source, including proceeds from the sale of services.
(2) Acquire property, including rights-of-way; and hold and use any franchise or property, immovable, movable, or mixed, tangible or intangible, or any interest therein, necessary or desirable for carrying out the purposes of the commission.
(3) Issue bonds for the purposes set forth in this Section, which bonds may be payable from any of the commission's resources including a pledge and dedication of the amounts of tax proceeds in the Natchitoches Historic District Development Fund.
(4) Enter into contracts including those for purchase, construction, and improvement of works and facilities necessary in connection with the planning and development of the district.
(5) Sell or lease property owned by it when such property is no longer needed for public purposes.
(6) Appoint agents or employees, prescribe their duties, and fix their compensation.
(7) Adopt such rules for the transaction of its business as it deems necessary.
(8) Adopt, use, and alter at will a corporate seal.
(9) Provide matching grants for the restoration or improvement of private properties located within the district, when such restoration or improvement is determined by the commission to be consistent with the master plan for the development of the district.
E. The commission is prohibited from levying taxes and expropriating property.
F. The commission shall be comprised of the following sixteen members:
(1) The chairman of the Historic Business Association.
(2) The chairman of the Natchitoches Historic District Commission.
(3) The chairman of the National Heritage Area Commission District.
(4) The mayor of the city of Natchitoches or his designee.
(5) The chairman of the Natchitoches Chamber of Commerce or his designee.
(6) The chairman of the Natchitoches Tourist Commission or his designee.
(7) The state senator from District 31 or his designee.
(8) The state representative from District 23 or his designee.
(9) The president of the Natchitoches Parish Police Jury or his designee.
(10) The president of Northwestern State University or his designee.
(11) The chairman of the Association for the Preservation of Historic Natchitoches or his designee.
(12) The chairman of the Natchitoches Historic Foundation, Inc. or his designee.
(13) The chairman of the Cane River Waterway Commission or his designee.
(14) The chairman of Museum Contents, Inc. or his designee.
(15) The president of the Natchitoches Parish Voters and Civic League or his designee.
(16) The chairman of the Main Street Association or his designee.
G. Commission members shall serve without pay or per diem. Members may receive reimbursement for pre-approved travel expenses; however, in no case shall such travel expense allowances exceed those established under Chapter 17* of Title 39 of the Louisiana Revised Statutes of 1950.
H. The commission shall convene its first meeting no later than July 1, 1998, and thereafter shall meet monthly or as is determined appropriate by either the commission chairman or by written request of a majority of the commission members. The mayor of the city of Natchitoches shall notify all commission members of the date, time, and place of the first meeting. At the first commission meeting, the members shall by majority vote elect a chairman, who shall serve in such capacity for a term of two years. Members holding the position of chairman shall be limited to one term in such office. A vacancy in the office of chairman shall be filled by majority vote of the members. Meetings of the commission shall be open to the public, pursuant to the provisions of R.S. 42:11 et seq. The commission shall keep a record of its resolutions, transactions, studies, and findings, which record shall be public record.
I. Monies received by the commission from the Natchitoches Historic District Development Fund pursuant to R.S. 47:302.10, 322.13, and 332.5 shall be used for the planning and development of the district and for administration and operation of the commission.
J. Notwithstanding any provision of this Section to the contrary, neither the authority of the commission created by this Section nor the exercise of such authority shall in any way supersede, limit, or otherwise interfere with the authority of the Natchitoches Historic District Commission as the latter is established by Chapter 16 of the Code of Ordinances of the City of Natchitoches.
Acts 1998, 1st Ex. Sess., No. 154, §1, eff. May 7, 1998; Acts 1999, No. 937, §1, eff. July 9, 1999.
*As appears in enrolled bill.
NOTE: See Acts 1998, 1st Ex. Sess., No. 154, §2 (R.S. 47:302.10, 322.13, and 332.5) and §3, eff. July 1, 1998.
This Part shall be referred to as the "French Quarter Management District."
Acts 2007, No. 280, §1, eff. July 6, 2007; Acts 2011, No. 304, §1.
A. The legislature finds that:
(1) Hurricane Katrina caused extensive damage to the cornerstone of the state's tourism industry, the French Quarter.
(2) Even though Louisiana's most historic district and iconic treasure was spared from extensive flooding and looting during the aftermath of Hurricane Katrina, the French Quarter did not survive the storm unscathed. The French Quarter not only sustained wind and infrastructure damage, but its damage is continuing to occur due to a tourism drought.
(3) The prolonged loss of tourists and visitors has pushed the French Quarter's world renowned restaurants, antique stores, art galleries, museums, specialty shops, and hotels to the brink of closure. The loss of these businesses would create a void in Louisiana's hospitality industry and further tarnish the tourism appeal of New Orleans and of the state.
(4) It is in the best interest and common good of the people of the state, the city of New Orleans, and the French Quarter, for the French Quarter's tarnished world image to be repaired by improving the safety and quality of life of its visitors and residents, restoring its damaged or missing infrastructure, addressing its parking and mobility concerns, beautifying its appearance, and making it more appealing and inviting for its patrons.
(5) Although the city of New Orleans increased its funding of sanitation and public safety services in the French Quarter post-Katrina, the city's resources are limited and must be divided city-wide among its many neighborhoods destroyed by Hurricane Katrina. Therefore, to protect and improve Louisiana's tourism industry and economy and to preserve public health, safety, and welfare, it is necessary and essential for the state to assist in revitalizing New Orleans' flagging tourism industry by creating and funding, subject to appropriations, an historic area management district to respond to post-Katrina dynamics that is composed of the state's most historic district, the French Quarter.
B. Purpose. The purpose of the district shall be to strengthen the district as a National Historic Landmark, a historic residential district, and a vital component of Louisiana's tourism industry by investing and reinvesting public funds in the district to aid in the preservation of the district's architecture, quaint charm, and tout ensemble, to beautify its appearance, to improve public safety, to foster quality experiences and quality of life within its boundaries, and to improve commercial and residential vitality; thereby vastly increasing the quantity of the district's local, national, and international visitors and full-time residents, as well as to protect and improve the tourism industry and to promote economic development throughout the state.
Acts 2007, No. 280, §1, eff. July 6, 2007; Acts 2011, No. 304, §1.
As used in this Part, unless the context requires otherwise, the following terms shall have the following meaning:
(1) "Board" means the board of commissioners of the French Quarter Management District.
(2) "City" means the city of New Orleans.
(3) "District" means the French Quarter Management District.
Acts 2007, No. 280, §1, eff. July 6, 2007; Acts 2011, No. 304, §1.
A. Creation. (1) There is hereby created within the city of New Orleans a body politic and corporate which shall be known as the French Quarter Management District. The district shall be a political subdivision of the state, as defined in the Constitution of Louisiana, to exist until June 30, 2033, unless such date is extended by law.
(2) The district is created to provide the following functions:
(a) Enhancing public safety, reducing homelessness, infrastructure improvements, and sanitation within the district by financing supplemental safety and sanitation services as the board deems appropriate.
(b) Providing supplemental resources for the enforcement of laws and regulations that relate to the quality of life for tourists, residents, and businesses within the district as the board deems appropriate.
(c) Engaging in strategic planning, business and commercial development activities, administering capital improvement funds, and administering programs.
(d) Taking such actions as may be advisable to enhance commercial, civic, and cultural activity within the district, to promote and aid in the conservation and preservation of the district's quaint historic nature, character, qualities, and architecture, to foster quality events and quality of life in the district, to restore regional character to the district, to attract locals and tourists to visit the district, to facilitate and promote the development and improvement of public infrastructure within the district, and to encourage new residents to live in the district.
B. Boundaries. The district shall be comprised of the area of the city of New Orleans lying within the following boundaries: the Mississippi River, the center line of Canal Street, the rear property line of the properties fronting on the lake side of North Rampart Street, the rear property line of the properties fronting on the downriver side of Esplanade Avenue to the Mississippi River.
C. Governance. (1) The district shall be governed by a board of commissioners consisting of thirteen members as follows:
(a) The chairman of the Vieux Carre Commission or his designee.
(b) One person who is domiciled and a qualified elector in the district, appointed by the Vieux Carre Property Owners, Residents and Associates, Incorporated.
(c) One person who either owns one or more restaurants in the district or is a corporate representative of a company owning and operating one or more restaurants in the district, appointed by the Louisiana Restaurant Association, Incorporated.
(d) One person who is either employed full-time, or owns or operates a hotel, in the district between the center line of Canal Street and the middle of Iberville Street, appointed by the Greater New Orleans Hotel and Lodging Association, Incorporated.
(e) One person who is either employed full-time, or owns or operates a hotel, in the Vieux Carre or Faubourg Marigny sections of the district, appointed by the Greater New Orleans Hotel and Lodging Association, Incorporated.
(f) One person who is either employed full-time, or owns or operates a business, in the district, appointed by the French Quarter Business Association of Louisiana.
(g) One person who is either employed full-time, or owns or operates a business in the district, appointed by the French Quarter Business League.
(h) One person who owns a business headquartered in the district, appointed by the mayor of New Orleans.
(i) One person who is domiciled and a qualified elector in either of the parts of the Vieux Carre designated as VCR-1 or VCR-2, appointed by the mayor of New Orleans.
(j) One person who is domiciled and a qualified elector in the district, appointed by the French Quarter Citizens, Incorporated.
(k) One person who is domiciled and a qualified elector in the district, appointed by North Rampart Main Street, Incorporated.
(l) One person who is employed full-time or owns or operates a business, in the district, appointed by the New Orleans Metropolitan Convention and Visitors Bureau, Incorporated.
(m) One person who is domiciled, employed full-time, or owns or operates a business, in the district, appointed by the New Orleans City Council member representing City Council District "C".
(2) Any qualification or condition that is a prerequisite for a member's appointment to, or membership on, the board shall be maintained throughout the member's term of office and membership on the board. Any board member who, during the member's term of office, fails to maintain any such qualification or condition shall be automatically disqualified from membership on the board and the office shall become vacant. Prior to the board taking action to disqualify a member and fill such vacancy, at least two weeks written notice shall be given by the board to the appointing authority of the member. The vacancy may be filled simultaneous with the occurrence of the vacancy.
(3) Except for the member provided for by Subparagraph (1)(a) of this Subsection, the members of the board shall serve four-year staggered terms. The initial appointees shall draw lots to determine their terms of office: three members shall serve a two-year term, three members shall serve a three-year term, three members shall serve a four-year term, and three members shall serve a five-year term.
(4) Any member who misses more than fifty percent of the board's regular meetings in any calendar year shall be disqualified and removed automatically from office and that person's position shall be vacant as of the first day of the next calendar month. Prior to such a vacancy or disqualification occurring, at least two weeks written notice shall be given by the board to the appointing authority. Such vacancy may be filled simultaneously with the occurrence of the vacancy. The former member shall not be eligible for reappointment until expiration of the balance of the vacated term.
(5) Any vacancy in the membership of the board occurring by reason of the expiration of the term of office, death, resignation, disqualification, or otherwise shall be filled in the same manner as the original appointment.
(6) Board members shall serve without pay or per diem. The board may reimburse any member for reasonable and necessary expenses actually incurred with the authorization of the board in the performance of duties on behalf of the district.
(7) The board shall have the power to organize and reorganize the executive, administrative, clerical, and other departments and forces of the district, and to fix the duties, powers, and compensation of all employees, agents, and consultants of the district.
(8) The board shall elect yearly from its numbers, a chairman, vice chairman, secretary, and treasurer and shall establish their duties as may be regulated by rules adopted by the board. The board shall meet in regular session no less than six times a year and may meet in special session as convened by the chairman or upon written notice of six members, upon giving at least seventy-two hours written notice to all members. A majority of the board members, not including vacancies, shall constitute a quorum. Except as provided in Paragraph (9) of this Subsection, actions of the board require approval by the affirmative vote of a majority of the members present and voting.
(9) No action of the board shall be authorized on any of the following, unless approved by a majority plus one of the total board membership:
(a) The adoption of bylaws and other rules and regulations for conduct of the district's business.
(b) The hiring and firing of the district's administrator, who may be the administrator of the Downtown Development District.
(c) The adoption or amendment of the annual budget.
(d) The election of officers.
(e) The adoption or amendment of action plans or policy.
(10) The board shall cause minutes and a record to be kept of all its proceedings. The board shall select a newspaper of general circulation within its territorial jurisdiction as its official journal in which it shall publish all official notices as are required by law.
(11) All board meetings shall be in accordance with the Open Meetings Law.
D.(1) In addition to the powers and duties elsewhere granted in this Section, the board is hereby granted and shall have and may exercise all powers necessary or convenient for the carrying out of its objectives and purposes, including but not limited to the following:
(a) To sue and be sued, and as such, to stand in judgment.
(b) To adopt, use, and alter at will a corporate seal.
(c) To acquire by gift, grant, purchase, lease, or otherwise and to hold and use any property, real, personal, mixed, tangible, intangible, movable, or immovable, or any interest therein, necessary or desirable for carrying out the objects and purposes of the district.
(d) To sell, transfer, lease or convey any property acquired by it, or any interest therein, at any time to accomplish the objects and purposes of the district subject to applicable law. Any such sale, transfer, lease or conveyance shall provide for a fair and equitable return of revenue to the district.
(e) To enter into contracts to achieve the district's objectives and purposes.
(f) To appoint officers, agents, and employees, prescribe their duties, and fix their compensation.
(g) To enter into cooperative endeavors or other contractual arrangement with the Downtown Development District for the purposes of providing administration, management, and operation services for the district and to provide for reasonable compensation for such services which the Downtown Development District is hereby authorized to enter into.
(h) To establish such funds or accounts as are necessary to conduct the affairs of the district.
(i) To adopt rules and regulations to implement the provisions of this Part. Any rule or regulation promulgated or adopted by the board shall be subject to legislative oversight by the House Commerce Committee and the Senate Committee on Commerce, Consumer Protection, and International Affairs in accordance with the Administrative Procedure Act.
(2) Notwithstanding any power or authority granted elsewhere in this Part, the board shall have no power or authority:
(a) To supersede the home rule powers and functions of the city.
(b) Related to creating bond indebtedness, exercising eminent domain, zoning, regulating historic preservation or land use, permitting, or prosecuting or citing violations. Notwithstanding the foregoing, the board shall have the power and authority to prosecute an adjudication and to cite violations if the governing authority of the city of New Orleans delegates such power and authority to the board.
(3) The board shall submit a report to the House Commerce Committee and the Senate Committee on Commerce, Consumer Protection, and International Affairs, no later than October first of each year, relative to the activities and finances of the district during the immediately preceding fiscal year. The committees may also review the activities or finances of the district at such times as either or both committees deem appropriate.
E.(1) All powers of the board shall be exercised for the best interest of the district to aid in the improvement of public safety, quality of life, and infrastructure in the district, to aid in the preservation of its history, character, charm, and architecture, to beautify its appearance, to address its hospitality needs and its transportation and parking concerns, and to increase its marketability and its tourism and residential appeal.
(2) Notwithstanding any law to the contrary, this Part shall apply to the Vieux Carre section of the city. However, prior to any work of the board or the district on, abutting or affecting the exterior of a building or a public sidewalk, street, or space in the Vieux Carre, or the appearance of the Vieux Carre, the proposed work shall be submitted to the Vieux Carre Commission for its recommendation and approval.
(3) The board, the district, or both shall obtain permits as necessary and appropriate.
(4) Any additional security patrols, public or private, or any other security or other services or betterments provided by the district shall be supplemental to existing personnel and services to be provided in the district by the state or the city of New Orleans or their departments or agencies, or by other political subdivisions.
F. Funding. The board may apply for, contract for, receive, and expend for its purposes any appropriation or grant from the state, its political subdivisions, the federal government, or any other public or private source.
G. Specifically included, though not limited hereby, under the purposes, objects, and powers of the district are the following within the district:
(1) Creating and maintaining public restroom facilities.
(2) Beautifying the district, improving its streetscapes and the quality of its frontage, and making cosmetic improvements within the district.
(3) Enhancing the district's walkability and pedestrian-friendly environment.
(4) Revitalizing and nurturing cultural and historical features, preservation, and cultural tourism.
(5) Providing facade grants and incentives to utilize vacant buildings, upper floors, and land.
(6) Addressing transportation concerns.
(7) Facilitating parking and mobility planning, strategies, and management.
(8) Improving commercial and residential vitality and developing and implementing commercial planning, marketing, and recruiting strategies.
(9) Facilitating lighting and signage upgrades, repairs, and replacements.
(10) Aiding in the repair and upkeep of sidewalks, streets, and related infrastructure.
(11) Aiding in video camera installation and monitoring.
(12) Recruiting public amenities and services.
(13) Fostering visually stimulating and quality pedestrian experiences.
(14) Fostering regional and district character.
(15) Facilitating the removal and prevention of graffiti.
(16) Enhancing and providing dedicated public safety, reducing homelessness, infrastructure enhancement, and sanitation within the district by financing supplemental safety and sanitation services.
(17) Providing supplemental resources for the enforcement of laws and regulations that relate to the quality of life for tourists and visitors within the district.
H. Nothing in the Part is intended nor shall be deemed to change or affect the structure or organization or the particular distribution and redistribution of the powers and functions of the home rule charter of the city.
I. Subdistricts.
(1) The district shall consist of four subdistricts: the Vieux Carre, the Iberville Corridor, the Treme, and the Faubourg Marigny.
(2) The Vieux Carre subdistrict shall be comprised of the area of the district lying within the following boundaries: the Mississippi River, the center line of Iberville Street, the center line of North Rampart Street, the center line of Esplanade Avenue to the Mississippi River.
(3) The Iberville Corridor subdistrict shall be comprised of the area of the district lying within the following boundaries: the Mississippi River, the center line of Canal Street, the center line of North Rampart Street, the center line of Iberville Street to the Mississippi River.
(4) The Treme subdistrict shall be comprised of the area of the district lying within the following boundaries: the center line of Canal Street, the rear property line of the properties fronting on the lake side of North Rampart Street, the rear property line of the properties fronting on the down river side of Esplanade Avenue, the center line of North Rampart Street to the center line of Canal Street.
(5) The Faubourg Marigny subdistrict shall be comprised of the area of the district lying within the following boundaries: the Mississippi River, the center line of Esplanade Avenue, the center line of North Rampart Street, the rear property line of the properties fronting on the down river side of Esplanade Avenue to the Mississippi River, the Frenchmen Street corridor beginning with the intersection at the center line of Esplanade Avenue and ending at Royal Street, comprising the 400 block through 600 block of Frenchmen Street.
J. Budget. (1) The board of commissioners shall adopt an annual budget in accordance with the Local Government Budget Act, R.S. 39:1301 et seq. No less than fifteen percent of the annual budget shall be dedicated to public safety, reducing homelessness, and infrastructure enhancements.
(2) The district shall be subject to audit by the legislative auditor pursuant to R.S. 24:513.
(3) Repealed by Acts 2011, No. 304, §2.
K. Miscellaneous. (1) To the extent not prohibited by applicable law, the district may:
(a) Defend and indemnify a board member against claims and liabilities arising out of the performance of his duties for the district as may be provided in the bylaws adopted by the district.
(b) Procure insurance against the claims and liabilities or pay for them as an operating expense of the district out of the funds of the district obtained from any source.
(c) Utilize the city of New Orleans, as well as contract with other entities, for purposes of procuring services for the district.
(2) A person who serves as a member of the board or a committee of the district shall not be individually liable for any act or omission as provided in R.S. 9:2792.4 or any other provision of law.
(3) The district may procure by informal bid a public work with a value of one hundred fifty thousand dollars or less.
(4) When the city of New Orleans, due to a lack of city-employed staff or a lawfully contracted vendor, cannot provide sanitation services within the French Quarter at a level reasonably commensurate with historic practices, the district may procure its own emergency contract to ensure continuation of services within its boundaries. The costs for emergency sanitation services procured pursuant to this Section shall be reimbursed by the city of New Orleans. The emergency contract procured by the district shall continue until such time as the city resumes service through its own employees or pursuant to a lawfully procured and executed contract.
Acts 2007, No. 280, §1, eff. July 6, 2007; Acts 2008, No. 782, §1; Acts 2009, No. 490, §1, eff. July 10, 2009; Acts 2011, No. 304, §§1, 2; Acts 2014, No. 832, §6; Acts 2019, No. 153, §1; Acts 2024, No. 766, §1, eff. June 19, 2024; Acts 2025, No. 252, §1; Acts 2025, No. 445, §1.
A. In order to merge and consolidate into one department, under authority of Section 32 of Article III of the Constitution of 1921, certain executive and administrative offices, boards, commissions, councils, departments and agencies of the state of Louisiana whose duties and functions are of a similar nature or character, there is hereby created and established the State Department of Art, Historical and Cultural Preservation.
B. The governor shall appoint a director and an assistant director who shall serve at the pleasure of the governor at salaries to be fixed by the governor. The director and assistant director shall be the executive and administrative officers of the State Department of Art, Historical and Cultural Preservation and shall discharge all operational, maintenance, administrative and executive functions of the department. The functions of the director and assistant director shall comprise the administrative functions of the state now or hereafter authorized by the constitution and laws to be exercised in relation to the administration, management and operation of the art, historical and cultural programs and facilities of the state as hereinafter more specifically enumerated and provided in this Chapter.
C. Repealed by Acts 1976, No. 396. §2.
Added Acts 1972, No. 425, §1, operative Jan. 1, 1973; Acts 1976, No. 396, §2.
The State Department of Art, Historical and Cultural Preservation created and established by this Chapter is hereby redesignated as the State Art, Historical, and Cultural Preservation Agency. After the effective date of this Section, wherever reference is made in this Chapter to said department it shall be understood and interpreted to mean the State Art, Historical, and Cultural Preservation Agency.
Added by Acts 1975, No. 592, §2, eff. Aug. 1, 1975.
A. The director shall be responsible for all functions of the state of Louisiana affecting art, historical and cultural development which provide such services for the people of this state as provided for in this Chapter, including all functions of the state heretofore or hereafter vested in and administered, managed, operated, and maintained by the following boards, commissions, councils, departments, and agencies:
(1) Louisiana Art Commission (R.S. 25:301-306).
(2) Board of Commissioners of Louisiana Arts and Sciences Center (R.S. 25:571-584).
(3) Louisiana Historical Preservation and Cultural Commission (R.S. 25:521-527).
(4) Board of Directors of the Louisiana State Museum (R.S. 25:341 to R.S. 25:347).
(5) Old State Capitol Memorial Commission (Act 250 of 1948; Act 233 of 1954).
(6) Orleans Parish Landmarks Commission (R.S. 25:381-382).
(7) Clinton Confederate Memorial Cemetery.
(8) Jackson Confederate Memorial Cemetery.
(9) Confederate Memorial Hall (Const. Art. 18, §4).
B. In addition to the functions, powers, and duties otherwise vested in the director by the provisions of this Chapter, the director shall have and exercise the power and authority to:
(1) Represent the public interest in the administration of this Chapter.
(2) Create, in his discretion, one or more advisory councils, composed of not less than five nor more than fifteen members, appointed by the director to serve at his pleasure without compensation, or per diem, except the members may, at the discretion of the director, be compensated for actual expenses incurred in the performance of such duties as may be prescribed by the director. Each council so appointed shall act solely in an advisory capacity to the director and assistant director to advise and make recommendations. The council shall not perform any administrative or executive duties, nor shall it make any determination with reference to any specific procedural matter of departmental policy. Each member of the board shall be a citizen and registered voter of this state and shall be qualified for such position by demonstrated interest in and knowledge of art, and historical and cultural preservation.
(3) Make and publish an annual report and such special reports as it considers desirable to the governor and to the legislature regarding the administration of this Chapter.
(4) Accept all donations and legacies, under any and all titles whatsoever, which may be made by private or public instrument of writing by will or codicil or in any other manner; provided, that the title to any property, real or personal, donated to and accepted for the use of the department shall vest in and belong to the state of Louisiana, for the sole and exclusive use and benefit of the state.
(5) Make, alter, amend and promulgate rules and regulations not inconsistent with the law.
(6) Adopt a seal.
(7) Establish and operate a program of preservation, maintenance and restoration of historic buildings and monuments. Acquire by lease, purchase or donation real or personal property which are landmarks or historical objects.
(8) Maintain the site and records with respect to the Camp Moore Memorial Cemetery, the Clinton Confederate Memorial Cemetery and the Jackson Confederate Memorial Cemetery.
(9) Establish, operate and maintain a program to stimulate interest in and appreciation of Louisiana art, architecture and historical preservation.
(10) Manage and supervise, through the assistant director, the Louisiana State Museum custody and operation of the Cabildo, the Presbytere, the Lower Pontalba Building, the Creole House, the Jackson House, the former United States Branch Mint Building, the Old State Arsenal, Madame John's Legacy, the Confederate Memorial Hall and other museums hereafter established.
(11) Repealed by Acts 2018, No. 2, §1, eff. April 20, 2018.
(12) Manage and supervise the old state capitol memorial and establish and maintain a museum therein, and provide free office space for the state headquarters of each federally chartered veterans organization therein.
(13) Authorize research on the historical and architectural background of homes and select homes which are landmarks in Orleans Parish.
(14) Establish, manage and operate a french language television broadcasting facility in conjunction with the University of Southwestern Louisiana.
(15) Construct, acquire, repair and maintain a weapons museum and supervise and administer the museum building and grounds.
(16) Provide for the perpetual care of the statue of Edward Douglas White, the late chief justice of the United States of America.
(17) Establish standards and criteria for acquisition, preservation, maintenance, and operation of properties acquired by the agency.
(18) Be directed to undertake a statewide survey to identify and document historic properties under both public and private ownership and report to the legislature at the next legislative regular session with the progress and/or finished report.
(19) Authorize the entry upon private lands to make surveys and examinations with the permission of the owner.
(20) Prepare and maintain an official state register of historic places including all those on the national register and those to be named to the national register.
(21) Participate in international conferences and preservation programs.
(22) Authorize publication and advertisements to stimulate state interest.
(23) Authorize the hiring of a professional staff to aid the agency in the task of preserving historical monuments and landmarks.
(24) Create and establish one or more state historical trusts in accordance with the provisions of R.S. 25:812.
Added by Acts 1972, No. 425, §1, operative Jan. 1, 1973. Amended by Acts 1975, No. 592, §3, eff. Aug. 1, 1975, Acts 1976, No. 396, §1, eff. July 31, 1976; Acts 2012, No. 811, §17, eff. July 1, 2012; Acts 2018, No. 2, §1, eff. April 20, 2018.
The domicile of the department shall be in Baton Rouge, where it shall maintain its offices; in addition, an office shall be maintained in the Louisiana State Museum complex in New Orleans for the assistant director.
Added by Acts 1972, No. 425, §1, operative Jan. 1, 1973.
By authority of Section 32 of Article III of the Constitution of 1921, the boards, commissions, councils, agencies, and offices enumerated in R.S. 25:802 are hereby transferred to the State Department of Art, Historical and Cultural Preservation, and all of the functions, programs, and operations of every kind of said boards, commissions, councils, departments and agencies, sometimes hereinafter referred to as agencies, hereafter shall be exercised and be performed by the director.
Added by Acts 1972, No. 425, §1, operative Jan. 1, 1973.
A. Under the transfer of functions provided for by this Chapter, any pending or unfinished business of any of said agencies shall be taken over and be completed by the director with the same power and authority as the agencies from which the functions are transferred. The director shall be the successor in every way to the agencies from which such functions are transferred, and every act done in the exercise of such functions by the director shall be deemed to have the same force and effect under any provisions of the constitution and laws in effect on the effective date of this Chapter as if done by the agencies from which such functions are transferred.
B. Whenever any agency from which functions are transferred hereby is referred to or designated by the constitution or by any law or contract or other document, such reference or designation hereafter shall be deemed to apply to the director, and the legislature hereby specifically states that the provisions of this Chapter are in no way and to no extent intended to nor shall they be construed in any manner which will impair the contractual obligations of any agency heretofore existing, or of the state of Louisiana.
It is hereby specifically provided that all such obligations hereafter shall be deemed to be the obligations of the director to the same extent as if originally made by him. In like manner, and in order to prevent any violation of the provisions, terms or conditions of any gift, donation, deed, will, trust or other instrument or disposition by which property of any nature or description has been vested in any agency affected by this merger, consolidation and transfer, or diversion from the purposes for which such property was donated, deeded, devised or bequeathed or otherwise vested in any such agency, it is hereby specifically provided that each and every such instrument or disposition hereafter shall be deemed to have been vested in the director in the same manner and to the same extent as if originally so done. In addition, the provisions of this Chapter shall not be construed or applied in such a way as to prevent full compliance by the state or any agency thereof with the requirements of any act of the Congress of the United States or any regulations made thereunder by any officer or agency of the federal government by which federal aid or other federal assistance from the United States has been or is hereafter made available to this state or any subdivision or agency thereof, anything contained in this Chapter to the contrary notwithstanding, and such compliance hereafter shall be accomplished by the director.
Added by Acts 1972, No. 425, §1, operative Jan. 1, 1973.
All books, papers, records, money, choses in action and other property heretofore possessed, controlled or used by any board, commission, council, department or agency in the exercise of functions hereby transferred are hereby transferred to the State Department of Arts, Historical and Cultural Preservation.
Added by Acts 1972, No. 425, §1, operative Jan. 1, 1973.
The department is designated as the sole agency for accepting and administering any and all federal funds awarded or allocated to the state of Louisiana for any purpose covered by any provision of this Chapter and for carrying out the purposes of any federal law concerning art, historical and cultural preservation of the state or any other matter covered by the provisions of this Chapter.
Added by Acts 1972, No. 425, §1, operative Jan. 1, 1973.
All employees heretofore engaged in the performance of duties, in any agency, in the exercise of functions transferred by this Chapter to the state department of art, historical and cultural preservation to the full extent necessary to carry out the purposes of this Chapter and shall, in so far as practicable, continue to perform the duties heretofore performed, subject to the state civil service law.
Added by Acts 1972, No. 425, §1, operative Jan. 1, 1973.
A. Not later than September 30, 1972, the head of each of the boards, commissions, councils, departments and agencies being merged and consolidated by the provisions of this Act shall submit to the governor, the division of administration and to the director of the State Department of Art, Historical and Cultural Preservation a complete report of all facilities, personnel, supplies and materials, monies, appropriations and current plan of operation of each such board, commission, council, department and agency.
B. Thereafter, but not later than November 30, 1972, the director of the State Department of Art, Historical and Cultural Preservation shall submit to the governor and division of administration a detailed plan of operation to carry out the functions transferred to the State Department of Art, Historical and Cultural Preservation by the provisions of this Chapter.
Added by Acts 1972, No. 425, §1, operative Jan. 1, 1973.
The merger, consolidation and transfer of functions provided for by this Chapter shall take effect and become operative on January 1, 1973, and it is hereby specifically provided that on said date any appropriations made at this 1972 regular session of the legislature, or any funds otherwise made available, to any other state agency, department, board, council, commission or official to carry out the functions herein transferred shall follow the functions and activities herein transferred and shall be transferred to the State Department of Art, Historical and Cultural Preservation for use by it in carrying out the functions and activities herein transferred to said department.
Added by Acts 1972, No. 425, §1, operative Jan. 1, 1973.
The State Art, Historical, and Cultural Preservation Agency may exercise and perform any authorized power and function jointly or in cooperation with one or more historic preservation districts created pursuant to R.S. 25:732 or with the United States or its agencies.
Added by Acts 1975, No. 592, §2, eff. Aug. 1, 1975.
A. The director of the State Art, Historical, and Cultural Preservation Agency shall have the power and authority of accepting public trusts created pursuant to R.S. 9:2341 through R.S. 9:2346 wherein the purpose of the trust is the preservation, maintenance, restoration, or operation of historic properties and the beneficiary thereof is the state or said agency.
B. The director of the State Art, Historical, and Cultural Preservation Agency may create and establish one or more private trusts for the preservation, maintenance, restoration, or operation of historic properties which may be acquired by said trust and which shall be subject generally to the provisions of R.S. 9:2271 through R.S. 9:2337 pertaining to charitable, benevolent, or eleemosynary trusts.
C. The director may establish programs for the encouragement of the establishment of the trusts referred to in this Section and may designate such trusts as state historical trusts. The director may appoint the trustees of such state historical trusts as one or more advisory councils pursuant to the provisions of R.S. 25:802(B)(2).
Added by Acts 1975, No. 592, §2, eff. Aug. 1, 1975.
A. The purpose and function of the commission is to advise the office of cultural development on the formulation of an annual state plan to be prepared by the office of cultural development. The plan shall outline policy, objectives, and budgeting needs in the identification, preservation, and presentation of Louisiana folk cultural resources for each fiscal year. The commission shall act in an advisory capacity to the Division of the Arts and to the Louisiana State Arts Council with respect to the allocation of grant funds for arts projects and activities consistent with established review and allocation procedures established by the Division of the Arts and the Louisiana State Arts Council. The commission shall also advise the Division of the Arts and the Louisiana State Arts Council on policy or guidelines as they relate to or affect the folk arts and artists in the state.
B. The commission shall formulate long-range goals for folklife activity in the office of cultural development. In addition, it shall advise the Department of Culture, Recreation and Tourism, other relevant state agencies, and the governor on public policies that will aid in the identification, preservation, and presentation of the folklife of ethnic, regional, occupational, and family groups in the state.
C. The commission is authorized to advise the assistant secretary of the office of cultural development as to the creation of a Division of Folklife, the establishment of a program, and the hiring of a professional staff and director for the division if funds become available.
Acts 1983, No. 687, §4.
A. Creation; membership. The Louisiana Folklife Commission is hereby created within the office of cultural development of the Department of Culture, Recreation and Tourism. The commission shall be composed of twenty-one voting members, eighteen of whom shall be appointed by the governor and three of whom shall be ex officio members. Each appointment by the governor shall be submitted to the Senate for confirmation. The commission shall be composed as follows:
(1) One member shall be appointed from the office of the state museum.
(2) One member shall be appointed from the office of state parks.
(3) One member shall be appointed from the Division of the Arts.
(4) One member shall be appointed from the Division of Archaeology.
(5) One member shall be appointed from the Division of Historic Preservation.
(6) One member shall be appointed from a list of three names submitted by the membership of the Louisiana Folklore Society.
(7) One member shall be appointed from a list of three names submitted by the membership of the Louisiana Folklife Society.
(8) Four members shall be appointed from the faculties of state, public, and private colleges or universities from a list of twelve prospective members submitted by the secretary of the Department of Culture, Recreation and Tourism, all of whom shall have recognized professional expertise in folklife, anthropology, cultural geography, ethnomusicology, linguistics, museology, documentary media, or history.
(9) Four members shall be appointed from a list of twelve names submitted by the secretary of the Department of Culture, Recreation and Tourism, all of whom shall have a demonstrated interest in the folk cultural traditions of the state; these members shall be chosen with regard to representation of major ethnic groups or regions of the state.
(10) One member shall be appointed from a list of three names submitted by the board of directors of the Louisiana Preservation Alliance, Inc.
(11) One member shall be the executive director of the Louisiana Endowment for the Humanities or his designee.
(12) One member shall be the director of the Louisiana Intertribal Council or a designee recommended by the council.
(13) One member shall be the state librarian or his designee.
(14) One member shall be appointed from the office of tourism.
(15) One member shall be appointed from the Jean Lafitte National Historical Park and Preserve.
(16) In addition, the following shall serve on the commission as nonvoting ex officio members: the director of the Smithsonian Institution, Folklife Program; the director of the American Folklife Center; the executive director of the National Council for the Traditional Arts; and a member of the Louisiana State Arts Council.
B. Confirmation. All members appointed by the governor shall be subject to Senate confirmation at the first regular session of the legislature after appointment and again at the first regular session of the legislature following the commencement of the next succeeding gubernatorial term.
C. Terms. Each appointed member shall serve a term concurrent with that of the governor making the appointment.
D. Officers. The members shall elect a chairman and may elect other officers as they deem necessary for the efficient operation of the business of the commission.
E. Vacancies. A vacancy in the membership of the commission shall be filled in the same manner as the original appointment for the remainder of the unexpired term.
F. Compensation. The members of the commission shall serve without compensation, but they shall be reimbursed on a vouchered basis for actual expenses, including travel expenses, to the extent that funds are made available for such purpose.
G. Meetings. The commission shall meet at least twice each calendar year on the call of the chairman. Meetings shall also be held on the request of at least three members of the commission. The chairman shall give seven days notice to the members of the commission of the time and place within the state of Louisiana where such meetings will be held. A majority of the members of the commission shall constitute a quorum for the transaction of any and all business at any regular or special meeting.
H. Domicile. The commission shall be domiciled in Baton Rouge, but may hold public meetings elsewhere in the state.
Added by Acts 1981, No. 893, §1. Amended by Acts 1982, No. 850, §1; Acts 1983, No. 687, §4; Acts 1991, No. 127, §1; Acts 2020, No. 86, §1.
"Folklife" for purposes of this Chapter means the sum total of traditional cultural materials of a community learned outside formal institutions and handed down over time. The cultural materials include language, traditional styles of architecture and land use, folk music and dance, folk medicine and beliefs, rituals, festivals, foodways, arts and crafts, oral history, tales, and myths.
Added by Acts 1981, No. 893, §1.
The Department of Culture, Recreation and Tourism is hereby designated as the sole applicant, administrative body, and recipient for accepting and administering any and all state, federal, and private funds awarded to and allocated by the state of Louisiana for any purpose covered by any provision of this Chapter and for carrying out the purposes of any state and federal laws concerning folklife.
Added by Acts 1981, No. 893, §1.
The Department of Culture, Recreation and Tourism, through the division, shall establish procedures for providing fair and equitable support and assistance to all areas of folk culture having substantive cultural relevance to Louisiana or the United States, pursuant to Chapter 13 of Title 49 of the Louisiana Revised Statutes of 1950 and Section 502 of Amendment 5496 of the National Historic Preservation Act of 1966.
Added by Acts 1981, No. 893, §1.
The Louisiana Cypress Sawmill Museum is hereby established as the official state cypress sawmill museum. The museum shall be domiciled in Patterson, Louisiana, and shall be operated, managed, and funded by the office of the state museum of the Department of Culture, Recreation and Tourism.
Acts 1997, No. 722, §1.
The office of the state museum shall provide sufficient funds for the proper operation and management of the museum facilities, according to the accepted standards of museum operations, including a competent administrative staff; however, no state funds shall be utilized unless specifically appropriated for this purpose.
Acts 1997, No. 722, §1.
The Louisiana Cypress Sawmill Museum shall be a cypress sawmill and historical museum responsible for the collection, preservation, and exhibition of archives, books, charts, documents, maps, records, and other artifacts relative to the history of the cypress sawmill industry in Louisiana. All properties and the management thereof will be under the jurisdiction of the office of the state museum of the Department of Culture, Recreation and Tourism.
Acts 1997, No. 722, §1.
The Louisiana Cypress Sawmill Museum may directly, or indirectly through the board of directors of the Louisiana State Museum or the Louisiana Museum Foundation, receive donations and grants from individuals, corporations, private foundations, and local, state, and federal governmental agencies, entities, or subdivisions in order to further the provisions of this Chapter.
Acts 1997, No. 722, §1.
Repealed by Acts 1989, No. 662, §8, eff. July 7, 1989.
Repealed by Acts 1989, No. 662, §8, eff. July 7, 1989.
Repealed by Acts 1989, No. 662, §8, eff. July 7, 1989.
The Louisiana Civil Rights Museum is hereby established as the official state civil rights museum. The museum shall be domiciled in New Orleans, Louisiana, and shall be operated, managed, and funded by the office of the state museum of the Department of Culture, Recreation and Tourism in accordance with this Chapter.
Acts 1999, No. 385, §1; Acts 2004, No. 731, §1, eff. July 1, 2004.
The office of the state museum shall provide sufficient funds for the proper operation and management of the museum facilities, according to the accepted standards of museum operations, including a competent administrative and professional staff; however, no state funds shall be utilized unless specifically appropriated for this purpose in accordance with the budget plan developed with the advice of the Louisiana Civil Rights Museum Advisory Board. The office of the state museum shall present an annual report of the museum operations and management to the Louisiana Civil Rights Museum Advisory Board.
Acts 1999, No. 385, §1; Acts 2004, No. 731, §1, eff. July 1, 2004.
The Louisiana Civil Rights Museum shall be a civil rights historical museum responsible for the collection, preservation, and exhibition of archives, books, charts, documents, maps, records, and other artifacts relative to the evolution, development, and history of civil rights in Louisiana. All properties and the management thereof will be under the jurisdiction of the office of the state museum of the Department of Culture, Recreation and Tourism.
Acts 1999, No. 385, §1.
The Louisiana Civil Rights Museum may directly, or indirectly through the board of directors of the Louisiana State Museum or the Louisiana Museum Foundation, receive donations and grants from individuals, corporations, private foundations, and local, state, and federal governmental agencies, entities, or subdivisions in order to further the provisions of this Chapter.
Acts 1999, No. 385, §1; Acts 2004, No. 731, §1, eff. July 1, 2004.
A. The Louisiana Civil Rights Museum Advisory Board, hereinafter referred to as "advisory board", is hereby created in the Department of Culture, Recreation and Tourism.
B. The advisory board shall be initially composed of the following twenty-one members:
(1) The state senator representing the district where the museum is located, or her designee.
(2) The state representative representing the district where the museum is located, or her designee.
(3) One member shall be appointed by the city of New Orleans councilperson representing the district where the museum is located.
(4) One member shall be appointed by the mayor of the city of New Orleans.
(5) Two members shall be appointed by the governor and subject to confirmation by the Louisiana Senate. Such members shall serve at the pleasure of the governor.
(6) The lieutenant governor or his designee.
(7) Seven members, one from each of the state's congressional districts and the remaining member or members from the state at large, shall also be appointed by the lieutenant governor, subject to confirmation by the Louisiana Senate.
(8) One member shall be a representative of and appointed by the Efforts of Grace, Inc.
(9) One member shall be a representative of and appointed by the Oretha C. Haley Blvd. Merchants, Associates.
(10) One member shall be a representative of and appointed by the Central City Partnership.
(11) One member shall be appointed by the chancellor of Southern University at New Orleans.
(12) One member shall be appointed by the chancellor of Southern University at Baton Rouge.
(13) One member shall be a representative of and appointed by the Amistead Research Center.
(14) One member shall be a representative of and appointed by the Louisiana Commission on Human Rights.
C. The advisory board shall elect, by majority vote of its membership, all officers it deems necessary.
D. All subsequent members shall be appointed by the advisory board. The advisory board may, by majority vote, appoint a total of twenty-three members to the board. The board, by majority vote, may appoint two additional members to the initial appointment of twenty-one members as it deems necessary.
E. Each member shall serve until his successor is appointed and takes office.
F.(1) Legislative members of the board shall receive the same per diem and travel allowance for attending meetings of the board or any meeting thereof as they receive for attendance at legislative committee meetings during the interim between sessions and from the same source.
(2) Nonlegislative members of the board shall receive no compensation for services rendered in their capacity as a member of the board.
Acts 2004, No. 731, §1, eff. July 6, 2004; Acts 2008, No. 794, §1; Acts 2012, No. 803, §6.
A. A majority of the members of the advisory board shall constitute a quorum for the transaction of official business. All official actions of the advisory board shall require the affirmative vote of a majority of the members present and voting.
B. The advisory board shall:
(1) Meet at least once each quarter at the call of the advisory board's chairman.
(2) Adopt bylaws establishing policies and procedures for its governance, including but not limited to the following:
(a) The election and responsibilities of the officers of the advisory board, including a chairman and vice chairman.
(b) The appointment, duties, and functions of standing and special committees of the advisory board, including the appointment of nonboard members to such committees and their functions.
(c) The preparation of a budget.
(3) Advise the office of state museum on all matters relating to the operations of the civil rights museum.
(4) Establish and use an identifying seal pertaining to museum business.
(5) Perform such other functions as are otherwise provided by this Chapter and R.S. 36:919.7.
C. The advisory board may:
(1) In accordance with R.S. 25:345, cooperate with the office of the state museum, the board of directors of the Louisiana State Museum, or with any nonprofit corporation established to support the museum, seek funds from any source, public or private, to support programs and general purposes of the civil rights museum.
(2) Authorize reports and recommendations which include the issuance, publication, or distribution of general information documents or pamphlets, which are published on a regular basis and are generally known as newsletters.
Acts 2004, No. 731, §1, eff. July 1, 2004.
A. Creation. The St. Bernard Parish Arts, Culture, and Entertainment District, referred to in this Section as the "district", is hereby created. The district shall be a political subdivision of the state as defined in the Constitution of Louisiana.
B. Purpose. The purpose of the district shall be to promote, market, and expand the arts, culture, and entertainment sectors of the parish of St. Bernard.
C. Boundaries. The boundaries of the district shall encompass all of the territory of the parish of St. Bernard.
D. Governance. (1) The district shall be governed by a board of commissioners, referred to in this Section as the "board", consisting of eleven members appointed as follows:
(a) The governor shall appoint one member.
(b) The lieutenant governor shall appoint one member.
(c) The president of St. Bernard Parish shall appoint one member.
(d) The St. Bernard Parish Council shall appoint one member.
(e) The St. Bernard Parish Economic Development Commission shall appoint one member.
(f) The St. Bernard Parish Chamber of Commerce shall appoint one member.
(g) The chancellor of Nunez Community College shall appoint one member.
(h) The St. Bernard Parish School Board shall appoint one member.
(i) The state representative for House District No. 103 shall appoint one member.
(j) The state representative for House District No. 104 shall appoint one member.
(k) The state senator for Senate District No. 1 shall appoint one member.
(2)(a) Members of the board shall serve three-year terms after initial terms as provided by Subparagraph (b) of this Paragraph.
(b) Three members shall serve an initial term of one year; four shall serve an initial term of two years; and four shall serve an initial term of three years as determined by lot at the first meeting of the board.
(c) Any vacancy which occurs prior to the expiration of the term for which a member of the board has been appointed shall be filled for the remainder of the unexpired term in the same manner as the original appointment.
(3) Within thirty days after the effective date of this Chapter, the chancellors of the University of New Orleans, Nunez Community College, and Delgado Community College or their designees shall meet to establish qualifications for membership on the board of commissioners. Within ten days after the establishment of such qualifications, the chancellors or their designees shall submit a copy of the qualifications to each appointing authority.
(4) The board shall elect from its members a chairman, a vice chairman, a secretary-treasurer, and such other officers as it may deem necessary. The duties of the officers shall be fixed by the bylaws adopted by the board.
(5) The minute books and archives of the district shall be maintained by the secretary of the board. The monies, funds, and accounts of the district shall be in the official custody of the board.
(6) The board shall adopt such rules and regulations as it deems necessary or advisable for conducting its business affairs. It shall hold regular meetings as shall be provided in the bylaws and may hold special meetings at such times and places within the district as may be prescribed in the bylaws.
(7) A majority of the members of the board shall constitute a quorum for the transaction of business. The board shall keep minutes of all meetings and shall make them available through the secretary of the board.
(8) The members of the board shall serve without compensation.
E. District powers. The district, through the board, shall have and exercise all powers of a political subdivision necessary or convenient for the carrying out of its objects and purposes, including but not limited to the following:
(1) To incur debt.
(2) To sue and to be sued.
(3) To adopt, use, and alter at will a corporate seal.
(4) To adopt bylaws and rules and regulations.
(5) To receive by gift, grant, donation, or otherwise any sum of money, property, aid, or assistance from the United States, the state of Louisiana, or any political subdivision thereof, or any person, firm, or corporation.
(6) To enter into contracts, agreements, or cooperative endeavors with the state and its political subdivisions or political corporations and with any public or private association, corporation, business entity, or individual.
(7) To appoint officers, agents, and employees, prescribe their duties, and fix their compensation. The district shall not be deemed to be an instrumentality of the state for purposes of Article X, Section 1(A) of the Constitution of Louisiana.
(8) To acquire by purchase, gift, grant, donation, lease, or otherwise such property as may be necessary or desirable for carrying out the objectives and purposes of the district.
(9) To levy taxes within the limitations prescribed by the constitution and laws of the state of Louisiana.
(10) To incur debt and issue general obligation bonds under the authority of and subject to the provisions of Article VI, Section 33 of the Constitution of Louisiana and Subpart A of Part III of Chapter 4 of Subtitle II of Title 39 of the Louisiana Revised Statutes of 1950, for the establishment, operation, and maintenance of district property or to carry out the other public purposes of this Chapter, to issue revenue bonds, borrow money, and issue certificates of indebtedness, notes, and other debt obligations as evidence thereof and provide for the manner and method of repayment.
(11) To contract with consulting experts in the fields of museum administration and the conservation of paintings, books and papers, and other decorative arts, and with appraisers, buying agents, designers, engineers, attorneys, accountants, construction and financial experts, and such other persons as may be necessary to carry out the purposes of the district.
(12) To establish such funds or accounts as are necessary for the conduct of the affairs of the district.
F. District plan. (1) The board shall prepare or cause to be prepared a plan or plans, referred to in this Section as the "plan", specifying the public improvements, facilities, and services proposed to be furnished, constructed, or acquired for the district to carry out its purposes and shall conduct such public hearings, publish such notice with respect thereto, and disseminate such information as it, in the exercise of its sound discretion, may deem to be appropriate or advisable and in the public interest.
(2) Any plan may specify and encompass any public services, capital improvements, and facilities which the parish of St. Bernard is authorized to undertake, furnish, or provide under the constitution and laws of the state of Louisiana, and such specified public services, improvements, and facilities shall be special and in addition to all services, improvements, and facilities which the parish of St. Bernard is then furnishing or providing or may then or in the future be obligated to furnish or provide within the district.
(3) Any plan shall include an estimate of the annual and total cost of acquiring, constructing, or providing the services, improvements, or facilities set forth in such plan.
(4) Any monies received by the district shall be used exclusively for the development and implementation of the district plan.
(5) The board shall submit the plan to the governing authority of the parish of St. Bernard. The governing authority of the parish shall review and consider the plan, but the board need not receive approval of the parish governing authority prior to implementing such plan.
G. Services and improvements. (1) All services to be furnished within the district pursuant to any plan finally and conclusively adopted may be furnished, supplied, and administered by the parish of St. Bernard through its regularly constituted departments, agencies, boards, commissions, and instrumentalities. All capital improvements and facilities to be acquired, constructed, or provided within the district may likewise be so acquired, constructed, or provided by the parish of St. Bernard through its regularly constituted departments, agencies, boards, commissions, and instrumentalities, it being the intention of this Paragraph to avoid the duplication of administrative and management efforts and expense in the implementation of any plan adopted for the benefit of the district.
(2) In order to provide services or provide, construct, or acquire capital improvements or facilities, the board may enter into intergovernmental local service contracts with the parish of St. Bernard.
Acts 2005, No. 86, §1.
A. There is hereby created within the parish of Orleans, as more specifically provided in Subsection B of this Section, a body politic and corporate which shall be known as the Louis Armstrong Park Authority and Historic Jazz District, referred to in this Section as the "district". The district shall be a political subdivision of the state as defined in the Constitution of Louisiana.
B. The boundaries of the district shall be that area of the city of New Orleans bounded on the east by Esplanade Avenue, on the south by Rampart Street, on the west by Canal Street, and on the north by North Claiborne Avenue, including the contiguous property on both sides of these streets.
C. The district is established for the primary object and purpose of acquiring ownership, leasing, or entering into a management agreement for the Louis Armstrong Park facility from or with the city of New Orleans. Additionally, the district is authorized to promote, encourage, and enhance the park and all areas within the boundaries of the district through renewed commerce, industry, and utilization and development of the human resources of the area. The objectives of the district may include such matters as music, housing, economic development, skills and technical training, the cultural and historic value of the area, tourism, entertainment, health, and day care facilities.
D.(1) The district shall be governed by a seventeen-member board of commissioners, referred to in this Section as the "board". The board shall be composed as follows:
(a) The governing board of the Greater Treme Consortium, Inc., shall appoint one member.
(b) The governing board of Save Our Soul Coalition, Inc., shall appoint one member.
(c) The governing board of the Louis Armstrong Educational Foundation, Inc., shall appoint one member.
(d) The governing boards of the Claiborne Cultural Innovation District and the Claiborne Merchants & Business Association shall jointly appoint one member.
(e) The governing board of the Historic Faubourg Treme Association shall appoint one member.
(f) The governing board of French Quarter Citizens, Inc., shall appoint one member.
(g) The governing board of the Congo Square Preservation Society shall appoint one member.
(h) The governing board of the New Orleans Black Masking Indian Cooperative shall appoint one member.
(i) The governing board of the Kumbuka African Drum and Dance Collective shall appoint one member.
(j) The governing board of the New Orleans Culture Preservation Committee shall appoint one member.
(k) The governing board of Tamborine and Fan, Inc., shall appoint one member.
(l) The governing board of the New Orleans Musicians' Clinic and Assistance Foundation shall appoint one member.
(m) The member of the Louisiana Senate whose district encompasses all or the greater portion of the area of the district or his designee.
(n) The member of the Louisiana House of Representatives whose district encompasses all or the greater portion of the area of the district or his designee.
(o) The member of the United States House of Representatives whose district encompasses all or the greater portion of the area of the district or his designee.
(p) The mayor of the city of New Orleans or his designee.
(q) The member of the governing authority of the city of New Orleans whose district encompasses all or the greater portion of the area of the district or his designee.
(2) All members of the board shall be residents of Orleans Parish.
(3)(a) Board members serving pursuant to Subparagraphs (1)(a) through (l) of this Subsection shall serve three-year terms after serving initial terms as provided in this Subparagraph. Four members shall serve initial terms of three years; four shall serve initial terms of two years; and four shall serve initial terms of one year, as determined by lot at the first meeting of the board.
(b) The members serving pursuant to Subparagraphs (1)(m) through (q) of this Subsection shall serve during their terms of office. Any designee serving on the board shall serve at the pleasure of the designating authority.
(4) Any vacancy in the membership of the board, occurring either by reason of the expiration of the term for which appointed or by reason of death, resignation, or otherwise, shall be filled in the manner of the original appointment. If the entity responsible for the appointment of a member fails to fill a vacancy within thirty days, the board may appoint an interim successor to serve for the remainder of the unexpired term.
(5) Board members are eligible for reappointment.
(6) The board shall elect from its members a chairman, a vice chairman, a secretary-treasurer, and such other officers as it deems necessary. The duties of the officers shall be fixed by the bylaws adopted by the board.
(7) The minute books and archives of the district shall be maintained by the secretary-treasurer of the board. The monies, funds, and accounts of the district shall be in the official custody of the board.
(8) The board shall adopt such rules and regulations as it deems necessary or advisable for conducting its business affairs and, to the extent that funds are available, shall hire such assistants and employees as are needed to assist the board in the performance of its duties. Rules and regulations of the board relative to the notice and conduct of meetings shall conform to applicable law, including, if applicable, R.S. 42:11 et seq., relative to open meetings. The board shall hold regular meetings as shall be provided for in the bylaws and may hold special meetings at such times and places within the district as may be prescribed in the bylaws.
(9) A majority of the members of the board shall constitute a quorum for the transaction of business. The board shall keep minutes of all meetings and shall make them available through the secretary-treasurer of the board.
(10) Each member of the board shall have one vote, and the vote of a majority of the members of the board present and voting, a quorum being present, shall be required to decide any question upon which the board takes action.
(11) The members of the board shall serve without compensation but shall receive reimbursement for reasonable expenses directly related to the governance of the district.
E. The district shall have and exercise all powers of a political subdivision necessary or convenient for the purpose of funding the district and carrying out its objects and purposes, including but not limited to the following:
(1) To incur debt.
(2) To sue and be sued.
(3) To adopt, use, and alter at will a corporate seal.
(4) To adopt bylaws and rules and regulations.
(5) To receive by gift, grant, donation, or otherwise any sum of money, property, aid, or assistance from the United States, the state of Louisiana, or any political subdivision thereof, or any person, firm, or corporation.
(6) To enter into contracts, agreements, or cooperative endeavors with the state and its political subdivisions or political corporations and with any public or private association, corporation, business entity, or individual.
(7) To elect officers and appoint agents and employees and prescribe their duties.
(8) To acquire property by purchase, gift, grant, donation, or lease.
(9) To establish monetary, bank, and investment accounts.
(10) To establish committees or subcommittees.
F. In order to provide for the growth and development of the district, to encourage the fullest use of underutilized resources, to provide for the enhancement of the tax base, and to improve communication and coordination among the economic and human development efforts of state, federal, and local governments, the board may:
(1) Seek the designation of the park as a national park in any way it deems appropriate, including communication and cooperation with any state or federal authority or commission. Additionally, the board may seek designation as the federal or state management authority for such park.
(2) Make recommendations concerning natural and environmental factors, trends in industrial, population, or other developments; the habits and lifestyles of the people of the district; the relation of land use within the district as it relates to the city as a whole; areas for the concentration of wholesale, retail, business, and other commercial uses; and areas for recreational uses, and for spaces and areas of mixed uses.
(3) Make recommendations concerning the need for and the proposed general location of public and private works and facilities, including but not limited to pollution control facilities.
(4) Make or assist in studies and investigations of the resources of the district and the existing and emerging problems of industry, commerce, transportation, population, housing, public service affecting the redevelopment of the district, and in making such studies to seek the cooperation and collaboration of the appropriate state departments, agencies, and instrumentalities of federal, state, and local government, educational institutions, research organizations, whether public or private, and of civic groups and private persons and organizations.
(5) Prepare and from time to time revise inventory listings of the district's resources and of the major public and private works and facilities of all kinds which are deemed necessary to the redevelopment of the district.
(6) Cooperate and confer with and upon request supply information to federal agencies and to local and regional agencies created pursuant to a federal program or which receive federal support and to cooperate and confer with economic development authorities in and outside of the state.
(7) Advise and supply information to civic groups and private persons and organizations who may request such information or advice or who study or otherwise concern themselves with the district's problems and development of the fields of business and industry, labor, natural resources, urban growth, housing, and public service activities such as public health and education, insofar as such problems and development may be relevant to the district's redevelopment.
(8) Provide information to officials of departments, agencies, and instrumentalities of state and local government and to the public at large in order to foster public awareness and understanding of the objectives of the district in order to stimulate public interest and participation in the orderly, integrated development of the district.
(9) Accept and receive, in furtherance of its functions, funds, grants, and services from the federal government or its agencies, from departments, agencies, and instrumentalities of state, parish, municipal, or local government, or from private or civic sources.
(10) Solicit the assistance and active cooperation of industry and private civic organizations which are active in anti-litter and recycling efforts to assist in the control and reduction of litter within the boundaries of the district. The board may also encourage industry and private civic organizations to participate in the "adopt-a-road" program as provided in R.S. 48:235 for the purpose of controlling litter along the public roads in the district.
(11) Hold public hearings and sponsor public forums whenever it deems necessary or useful in the execution of its functions.
(12) Contract with the city of New Orleans for the purchase or lease-management of any parks within the boundaries of the district and to assess an admission fee regarding any such park.
Acts 2022, No. 349, §1.
NOTE: See Acts 2022, No. 349, §3, regarding terms of board members.
A. There is hereby created within the parish of Orleans, as more specifically provided in Subsection B of this Section, a body politic and corporate which shall be known as the LaSalle Cultural Corridor District, referred to in this Section as the "district". The district shall be a political subdivision of the state as defined in the Constitution of Louisiana.
B. The boundaries of the district shall encompass the area included within the following perimeter: South Robertson Street, Delachaise Street, South Saratoga Street, and Josephine Street.
C. The purpose of the district shall be to promote, encourage, and enhance the cultural and economic assets of the district through renewed commerce, industry, and utilization and development of the human resources of the area. The objectives of the district may include such matters as music, housing, economic development, skills and technical training, the cultural and historic value of the area, tourism, entertainment, and health.
D.(1) The district shall be governed by a board of commissioners, referred to in this Section as the "board", composed of nine members as follows:
(a) The president of the Louisiana Senate or his designee, who shall be a member of the Louisiana Senate.
(b) The speaker of the Louisiana House Representatives or his designee, who shall be a member of the Louisiana House of Representatives.
(c) The lieutenant governor or his designee, who shall be a member of his staff.
(d) The member of the governing authority of the city of New Orleans or his designee.
(e) The mayor of the city of New Orleans shall appoint five members as follows:
(i) Two appointees from a neighborhood located within the district.
(ii) Two appointees from industries representing cultural economy and related industries, including the music, food, and film industries, culture bearers, or related cultural economy industries such as the performing and visual arts.
(iii) One appointee with community and economic development experience.
(2)(a) Members appointed pursuant to Subparagraph (1)(e) of this Subsection shall serve three-year terms after serving initial terms as provided in this Subparagraph. Two members shall serve an initial term of three years, two shall serve an initial term of two years, and one shall serve an initial term of one year, as determined by lot at the first meeting of the board.
(b) Members serving pursuant to Subparagraphs (1)(a) through (d) of this Subsection shall serve during their terms of office. Any designee serving on the board shall serve at the pleasure of the designating authority.
(3) Any vacancy in the membership of the board, occurring either by reason of the expiration of the term for which appointed or by reason of death, resignation, or otherwise, shall be filled in the manner of the original appointment. If the entity responsible for the appointment of a member fails to fill a vacancy within thirty days, the board may appoint an interim successor to serve for the remainder of the unexpired term.
(4) Board members are eligible for reappointment.
(5) The board shall elect from its members a chairman, a vice chairman, a secretary-treasurer, and such other officers as it deems necessary. The duties of the officers shall be fixed by the bylaws adopted by the board.
(6) The minute books and archives of the district shall be maintained by the secretary-treasurer of the board. The monies, funds, and accounts of the district shall be in the official custody of the board.
(7) The board shall adopt such rules and regulations as it deems necessary or advisable for conducting its business affairs and, to the extent that funds are available, shall hire such assistants and employees as are needed to assist the board in the performance of its duties. Rules and regulations of the board relative to the notice and conduct of meetings shall conform to applicable law, including, if applicable, R.S. 42:11 et seq., relative to open meetings. The board shall hold regular meetings as shall be provided for in the bylaws and may hold special meetings at such times and places within the district as may be prescribed in the bylaws.
(8) A majority of the members of the board shall constitute a quorum for the transaction of business. The board shall keep minutes of all meetings and shall make them available through the secretary-treasurer of the board.
(9) Each member of the board shall have one vote, and the vote of a majority of the members of the board present and voting, a quorum being present, shall be required to decide any question upon which the board takes action.
(10) The members of the board shall serve without compensation but shall receive reimbursement for reasonable expenses directly related to the governance of the district.
E. The district shall have and exercise all powers of a political subdivision necessary or convenient for the purpose of funding the district and carrying out its objects and purposes, including but not limited to the following:
(1) To incur debt.
(2) To sue and be sued.
(3) To adopt, use, and alter at will a corporate seal.
(4) To adopt bylaws and rules and regulations.
(5) To receive by gift, grant, donation, or otherwise any sum of money, property, aid, or assistance from the United States, the state of Louisiana, or any political subdivision thereof, or any person, firm, or corporation.
(6) To enter into contracts, agreements, or cooperative endeavors with the state and its political subdivisions or political corporations and with any public or private association, corporation, business entity, or individual.
(7) To elect officers and appoint agents and employees, prescribe their duties, and fix their compensation.
(8) To acquire property by purchase, gift, grant, donation, or lease.
(9) To establish monetary, bank, and investment accounts.
(10) To establish committees or subcommittees.
F. In order to provide for the growth and development of the district, to encourage the fullest use of underutilized resources, to provide for the enhancement of the tax base, and to improve communication and coordination among the economic and human development efforts of state, federal, and local governments, the board may:
(1) Make recommendations concerning natural and environmental factors, trends in industrial, population, or other developments; the habits and lifestyles of the people of the district; the relation of land use within the district as it relates to the city as a whole; areas for the concentration of wholesale, retail, business, and other commercial uses; and areas for recreational uses, and for spaces and areas of mixed uses.
(2) Make recommendations concerning the need for and the proposed general location of public and private works and facilities.
(3) Make or assist in studies and investigations of the resources of the district and the existing and emerging problems of industry, commerce, transportation, population, housing, and public service affecting the redevelopment of the district, and in making such studies to seek the cooperation and collaboration of the appropriate state departments, agencies, and instrumentalities of federal, state, and local government, educational institutions, research organizations, whether public or private, and of civic groups and private persons and organizations.
(4) Prepare and from time to time revise inventory listings of the district's resources and of the major public and private works and facilities of all kinds which are deemed necessary to the redevelopment of the district.
(5) Cooperate and confer with and upon request supply information to federal agencies and to local and regional agencies created pursuant to a federal program or which receive federal support and to cooperate and confer with economic development authorities in and outside of the state.
(6) Advise and supply information to civic groups and private persons and organizations who may request such information or advice or who study or otherwise concern themselves with the district's problems and development of the fields of business and industry, labor, natural resources, urban growth, housing, and public service activities, such as public health and education, insofar as such problems and development may be relevant to the district's redevelopment.
(7) Provide information to officials of departments, agencies, and instrumentalities of state and local government and to the public at large in order to foster public awareness and understanding of the objectives of the district in order to stimulate public interest and participation in the orderly, integrated development of the district.
(8) Accept and receive, in furtherance of its functions, funds, grants, and services from the federal government or its agencies, from departments, agencies, and instrumentalities of state, from parish, municipal, and other local governments, and from private and civic sources.
(9) Hold public hearings and sponsor public forums whenever it deems necessary or useful in the execution of its functions.
Acts 2022, No. 401, §1.
The Ansel M. Stroud, Jr. Military History and Weapons Museum is hereby established in the Military Department and shall be domiciled at Jackson Barracks, New Orleans, Louisiana, under the management and supervision of the adjutant general, state of Louisiana.
Added by Acts 1974, No. 688, §1. Amended by Acts 1975, No. 280, §1; Acts 1997, No. 467, §1.
The adjutant general shall appoint such employees as are needed, including a director who shall reside in New Orleans, a curator of exhibits who shall be experienced in museum work, establish and use any identifying seal pertaining to museum business, and make an annual report which shall be included as a part of his report to the governor. The museum shall be open to the public as may be prescribed by the adjutant general.
Added by Acts 1974, No. 688, §1; Acts 1997, No. 467, §1.
The adjutant general shall select and renovate necessary historic buildings at Jackson Barracks, New Orleans, with funds provided by the legislature and/or from federal sources, to house museum facilities. The adjutant general may improve existing grounds by the construction of concrete slabs and fencing for suitable outdoor display of large items or heavy equipment such as artillery, armored vehicles, and any other suitable equipment. The adjutant general shall have custody, supervision, and general administration over the buildings and grounds of the museum. The title to such property shall remain with the state.
Added by Acts 1974, No. 688, §1; Acts 1997, No. 467, §1.
The legislature may provide sufficient funds for the proper operation by the adjutant general of the museum facilities set forth above, according to the accepted standards of museum operations, including a competent professional, technical, and administrative staff.
Added by Acts 1974, No. 688, §1; Acts 1997, No. 467, §1.
The adjutant general may accept lands, buildings, money, relics, weapons, or other property on behalf of or as additions to the museum either in the form of loans, or grants, or donations inter vivos or mortis causa, or may acquire land by purchase, lease, or otherwise. The adjutant general may enter into contracts with any person he deems necessary and proper in order to accept or receive such lands, buildings, money, relics, weapons, or other property on behalf of and as additions to the museum, whether in the form of loans, grants, donations, purchase, lease, or otherwise.
Added by Acts 1974, No. 688, §1; Acts 1997, No. 467, §1.
The Ansel M. Stroud, Jr. Military History and Weapons Museum shall be a military and historical museum charged with the responsibility for the collection, preservation, and exhibition of archives, books, records, documents, maps, charts, military equipment, uniforms, and flags. It shall be a depository for collections of all weapons, especially weapons seized by the state, and/or any other materials deemed relevant to national, state, or local history by the adjutant general. All properties and management thereof heretofore vested under the control of the state weapons museum are hereby transferred to and will henceforth be under the jurisdiction of the Ansel M. Stroud, Jr. Military History and Weapons Museum in the manner provided for by this Chapter.
Added by Acts 1974, No. 688, §1; Acts 1997, No. 467, §1.
The Wedell-Williams Memorial Aviation Museum of Louisiana is hereby established as the official state aviation museum. The museum shall be domiciled at the Harry P. Williams Memorial Airport in Patterson, Louisiana, and shall be operated, managed, and funded by the office of the state museum in the Department of Culture, Recreation and Tourism.
Acts 1988, No. 606, §1, eff. July 14, 1988; Acts 1995, No. 291, §1.
The office of the state museum shall provide sufficient funds for the proper operation and management of the museum facilities set forth above, according to the accepted standards of museum operations, including a competent administrative staff; however, no state funds shall be utilized unless specifically appropriated for this purpose. The office of the state museum shall present an annual report of the museum operations and management to the St. Mary Parish Council.
Added by Acts 1976, No. 99, §1; Acts 1995, No. 291, §1.
The Wedell-Williams Memorial Aviation Museum of Louisiana shall be an aviation and historical museum responsible for the collection, preservation, and exhibition of archives, books, charts, documents, maps, records, and other equipment commemorating the memory of aviation pioneers and events in Louisiana. All properties and the management thereof will be under the jurisdiction of the office of the state museum in the Department of Culture, Recreation and Tourism.
Added by Acts 1976, No. 99, §1; Acts 1995, No. 291, §1.
The Wedell-Williams Memorial Aviation Museum of Louisiana may directly, or indirectly, through the board of directors of the Louisiana State Museum or the Louisiana Museum Foundation, receive donations and grants from individuals, corporations, private foundations, and local, state, and federal governmental agencies, entities, or subdivisions in order to further the provisions of this Chapter.
Added by Acts 1976, No. 99, §1; Acts 1995, No. 291, §1.
A. The Washington Museum and Tourist Commission, hereinafter referred to as "the commission", is hereby created and shall be domiciled in the municipality of Washington, in the parish of St. Landry.
B. The commission shall be composed of nine members, who shall be appointed by the mayor of the town of Washington, to serve for one year terms. Any commissioner so appointed may be reappointed to serve for additional one year terms. The members of the commission shall serve without compensation. It shall hold regular meetings, prescribe rules for its operation, elect such officers as are necessary, and establish and use any identifying seals pertaining to its business. For the purposes of transacting business, five members of the board shall constitute a quorum. The commission shall oversee the Washington Museum and Tourist Center. The museum shall be open to the public as may be prescribed by the commission.
C. The commission shall maintain the museum and all exhibits and displays contained in the museum, develop and foster tourism in the town of Washington, develop and foster an interest in historic preservation, and all other items which are necessary for the conservation, preservation, and restoration of the historic and cultural resources in the town of Washington.
D. The commission may solicit and accept funds, governmental grants, donations, and contributions of lands, buildings, money, relics, works of art, or other property on behalf of and as additions to the museum either in form of loans or in the form of donations inter vivos or mortis causa, or may acquire them by purchase, lease, or otherwise, subject to the terms, conditions, or limitations contained in the instrument by which such property is acquired. However, the commission shall be empowered and authorized to enter into any and all contracts with any person, lender, or donor that it may deem fit, proper, and necessary to accept and receive such lands, buildings, money, relics, works of art, or other property on behalf of and as additions to the museum. The commission is specifically authorized to serve as beneficiary of any public trust heretofore or hereafter created for such purpose pursuant to law.
E.(1) Any property which has been deposited with the commission or the museum, by loan or otherwise, and which has been held for more than ten years, and to which no person has made claim shall be deemed to be abandoned and, notwithstanding the provisions of Chapter 1 of Title XII of Book III of the Louisiana Civil Code, shall become the property of the commission, provided that the commission has complied with the following provisions:
(2) At least once a week for two consecutive weeks, the commission shall publish in at least one newspaper of general circulation in the town of Washington and the parish of St. Landry a notice and listing of the property. The notice shall contain:
(a) The name and last known address, if any, of the last known owner or depositor of the property;
(b) A description of the property; and
(c) A statement that if proof of claim is not presented by the owner to the commission and if the owner's right to receive such property is not established to the satisfaction of the commission within sixty-five days from the date of the second published notice, the property will be considered abandoned and shall become the property of the commission.
(3) If no valid claim has been made to the property within sixty-five days from the date of the second published notice, title to the property shall vest in the commission free from all claims of the owner and all persons claiming through or under him.
F. The collections of the museum may be lent in part subject to approval by the commission. The commission shall insure proper safeguards for their maintenance and return and shall insure that proper records are kept. The collections shall be available for the use of educational projects, subject to the approval of the commission.
G.(1) The commission is organized exclusively for charitable, religious, educational, and scientific purposes, including the making of distributions to organizations under Section 501(c)(3) of the Internal Revenue Code of 1954, or the corresponding provision of any future United States internal revenue law.
(2) No part of the net earnings or revenue of the commission shall inure to the benefit of, or be distributable to, its members, trustees, officers, or other private persons, except that the commission shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth in this Section. No substantial part of the activities of the commission shall be for the carrying on of propaganda, or otherwise attempting to influence legislation, and the commission shall not participate in, or intervene in, including the publishing or distribution of statements, any political campaign on behalf of any candidate for public office. Notwithstanding any other provisions of this Section, the commission shall not carry on any activities not permitted to be carried on:
(a) By a corporation exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code of 1954, or the corresponding provision of any future United States internal revenue law; or
(b) By a corporation, contributions to which are deductible under Section 170(c)(2) of the Internal Revenue Code of 1954, or the corresponding provision of any future United States internal revenue law.
H. Upon dissolution of the commission, the commission shall, after paying or making provision for the payment of all of the liabilities of the commission, dispose of all of the assets belonging to the commission exclusively for the purposes of the commission in such manner, or to such organization or organizations organized and operated exclusively for charitable, educational, religious, or scientific purposes as shall at the time be qualified as an exempt organization or organizations under Section 501(c)(3) of the Internal Revenue Code of 1954, or the corresponding provision of any future United States internal revenue law. Any such assets not so disposed of shall be disposed by the district court for the parish of St. Landry, exclusively for such purposes or to such organization or organizations as the court shall determine, which are organized and operated for exclusively those purposes.
Acts 1990, No. 838, §1.
A.(1) The Louisiana State Arts Council, originally created by Executive Order No. 76-14, is hereby created and established as an agency of the state. The council shall consist of twenty-four members. Membership shall be balanced and representative of the state's arts community, including minority and ethnic groups, practicing artists, artistic disciplines, large and small arts organizations, and local arts councils. There shall be at least one member from each of the state's congressional districts, at least one member from each of the state's planning districts, and the remaining members from the state at large, appointed by the governor. Each appointment by the governor shall be submitted to the Senate for confirmation.
(2) Twenty-two members of the council shall be appointed by the governor from persons nominated as follows:
(a) Three members shall be appointed from a list of names submitted by the lieutenant governor.
(b) One member shall be appointed from a name or list of names submitted by the president of the Louisiana Senate.
(c) One member shall be appointed from a name or list of names submitted by the speaker of the Louisiana House of Representatives.
(d) One member shall be appointed from a name or list of names submitted by the Louisiana Tourism Commission.
(e) One member shall be appointed from a name or list of names submitted by the Louisiana Alliance for Arts Education or its successor.
(f) Fifteen members shall be appointed from lists of names of civic, business, and cultural leaders submitted by organizations representing artists and arts organizations including but not limited to the Partnership for the Arts.
(3) The secretary of the Department of Culture, Recreation and Tourism and the assistant secretary of the office of cultural development shall serve as ex officio members of the council. The secretary may designate a person to serve as a member of the council in his absence. Such designee shall be submitted to the Senate for confirmation.
B. Members of the council shall receive no compensation for their services but are authorized to receive their reasonable actual and travel expenses insofar as funds are made available and are authorized by the secretary of the Department of Culture, Recreation and Tourism, hereinafter referred to as the secretary.
C. The governor shall designate one member of the council to serve as chairman. The council shall elect, by majority vote of a quorum, other officers, including a vice chairman, secretary, and parliamentarian, to serve for two years. The council shall be domiciled in the city of Baton Rouge, but is authorized to hold public meetings elsewhere in the state.
D.(1) Members of the council, except the ex officio members, shall serve four-year terms after initial terms as provided in this Subsection.
(2) Eleven members of the council shall serve initial terms of two years and eleven members shall serve initial terms of four years as determined by lot at the first meeting of the council after the membership of the council is appointed pursuant to Subsection A of this Section.
Acts 1983, No. 687, §4, eff. March 12, 1984; Acts 1984, No. 748, §1, eff. July 13, 1984; Acts 1986, No. 118, §1; Acts 1991, No. 4, §1., eff. Jan. 13, 1992; Acts 1997, No. 1225, §1; Acts 2020, No. 257, §1.
{{NOTE: SEE ACTS 1991, NO. 4, §2.}}
NOTE: SEE ACTS 1997, NO. 1225, §2.
The Louisiana State Arts Council shall:
(1) Receive applications for matching federal funds available from the National Endowment for the Arts and such other funds made available to the council and make recommendations thereon.
(2) Review and approve or reject, by majority vote of a quorum, said grant applications from other governmental units, community arts councils, and other private, nonprofit, and tax-exempt groups, and report its decision to the director of the Division of the Arts, the assistant secretary of the office of cultural development, and the secretary.
(3) Advise departmental officers on the design and execution of an annual state plan consistent with the goals and policies of the department as provided by federal and state law, rules, and regulations, and submit such plan to the National Endowment for the Arts.
(4) Administer the juried Louisiana native crafts program, insofar as provided by R.S. 25:897 through 900.
Acts 1983, No. 687, §4; Acts 1986, No. 588, §1.
{{NOTE: SEE ACTS 1986, NO. 588, §4, REGARDING EFFECTIVENESS.}}
The division of the arts is hereby created and established in the office of cultural development of the Department of Culture, Recreation and Tourism. A professional director of the division of the arts, who shall have at least three years of arts or related administrative experience, shall be appointed by the secretary upon the recommendation of the Louisiana State Arts Council. Staff necessary to effectuate this Chapter properly, insofar as funds are appropriated, shall be employed by the assistant secretary under the direction and control of the secretary and undersecretary and in accordance with policies of the department.
Acts 1983, No. 687, §4.
A. The Division of the Arts shall perform and have responsibility for the powers, duties, and functions pursuant to Sections 951 et seq. of Title 20 of the United States Code, relative to the National Endowment for the Arts and the functions of the state relative to the arts as provided in this Chapter. The Division of the Arts shall perform and be responsible for the duties and functions of the state relating to the promotion of the arts, the cultural enrichment of the people of the state, the sustenance of artistic activity in and of the state of Louisiana, and providing technical assistance upon request to further the purposes of this Chapter.
B. The division shall perform and be responsible for the duties, powers, and functions of the Louisiana Arts Commission (R.S. 25:301 through R.S. 25:306) which is abolished and its functions transferred to the Department of Culture, Recreation and Tourism as provided by Title 36 of the Louisiana Revised Statutes of 1950.
Added by Acts 1977, No. 265, §1, eff. July 7, 1977.
The Department of Culture, Recreation and Tourism is hereby designated as the sole applicant, administrative body, and recipient for accepting and administering any and all state and federal funds awarded to and allocated to the state of Louisiana for any purpose covered by any provision of this Chapter and for carrying out the purposes of any state and federal laws concerning the arts.
Added by Acts 1977, No. 265, §1, eff. July 7, 1977.
The Department of Culture, Recreation and Tourism, through the division, shall establish rules and regulations for a fair and equitable distribution of funding or technical assistance to all areas of the arts having substantive artistic or cultural relevance to Louisiana or the United States, pursuant to Chapter 13 of Title 49 of the Louisiana Revised Statutes of 1950.
Added by Acts 1977, No. 265, §1, eff. July 7, 1977.
A. There is hereby created and established the juried Louisiana native crafts program within the division of the arts, office of cultural development, in the Department of Culture, Recreation and Tourism.
B. The purpose of the crafts program shall be to assist Louisiana native craftspersons to produce, promote, and market handcrafts of such high quality and such quantity with the competitive aesthetic and commercial factors to become viable economic products; to designate a hallmark of a controlled logo which will universally advertise and promote these crafts as high caliber; to integrate the crafts program into the state's tourism promotions program; and to expand the state's economic base by stimulating and sustaining the crafts cottage industry.
C. "Craft" shall mean any object of metal, fibre, wood, glass, clay, or other natural material which is produced by hand and which demonstrates originality and other artistic qualities as further determined by rules of the Louisiana State Arts Council.
Acts 1986, No. 588, §1.
{{NOTE: SEE ACTS 1986, NO. 588, §4, REGARDING EFFECTIVENESS.}}
A. The Louisiana State Arts Council shall be responsible for administration of the juried Louisiana native crafts program and shall advise the governor, the secretary of the Department of Culture, Recreation and Tourism, and the assistant secretary of the office of cultural development relative to the program. To assist in administration of the program, the council shall utilize the division of the arts, as further provided in R.S. 25:900, and shall appoint a crafts panel.
B.(1) The crafts panel shall be composed of eight persons who shall be appointed by the council and serve at its pleasure. Four members shall be persons with demonstrated knowledge and interest in crafts as an artistic endeavor or designees of private or public entities for promotion of fine arts and shall include at least one professional craftsman and a designee of the Louisiana Black Culture Commission. The other four members shall be persons knowledgeable of the marketing of quality crafts or designees of such associations as the Louisiana Chapter of the American Society of Interior Designers, the Louisiana Home Furnishing Association, and the Louisiana Crafts Council.
(2) The panel shall act as a quality control entity by advising the council as to which crafts are of such merit and proven consistency to bear the hallmark of the logo of juried Louisiana native crafts. Recommendations of the panel shall be based upon a process of selectively jurying crafts established by rules of the council. Additionally, the panel may accept on an annual basis any craft juried by the Louisiana Crafts Council and designated as a mastercraft provided that such craft has the potential to be marketed and distributed on a commercial basis.
C. The council shall be the sole authority to approve the use, and to disallow the continued use, of the logo assuring the quality of a Louisiana craftsperson's craft. Subsequent to such approval, the council shall, by contractual agreement, authorize the craftsperson to affix on each craft item a hallmark which shall be the approved logo signifying quality.
Acts 1986, No. 588, §1.
{{NOTE: SEE ACTS 1986, NO. 588, §4, REGARDING EFFECTIVENESS.}}
A. The logo shall be a design used as a hallmark on any approved juried Louisiana native craft signifying quality.
B. The Louisiana State Arts Council shall allocate to itself an amount not to exceed five thousand dollars, plus administrative expenses not to exceed fifteen percent, in Fiscal Year 1986-87 for a juried logo competition. The council, with the advice of the crafts panel, shall select the design from among competitors for the exclusive use of the Louisiana State Arts Council and shall award the winner the cash award upon the assigned agreement that the design, and any derivative thereof, is solely, exclusively, and perpetually the property of the state of Louisiana under the control and auspices of the council.
C. The council shall register the logo as a trademark.
D. The council may, but no more frequently than every five years, conduct another competition for a new logo, which shall be conducted as provided in this Section.
E. Participation in the competition shall be limited to residents of Louisiana.
Acts 1986, No. 588, §1.
{{NOTE: SEE ACTS 1986, NO. 588, §4, REGARDING EFFECTIVENESS.}}
A. The division shall be authorized to perform the following:
(1) Publish on a regular, periodic basis a newsletter on the commercial, technical, and trade aspects of arts and crafts, for a reasonable fee to cover costs.
(2) Compile and distribute a catalogue of juried Louisiana native crafts bearing the hallmark of the approved logo. The division shall update the catalogue on a regular biennial basis. The catalogue shall include a directory of craftspersons and locations of outlets selling their crafts.
(3) Hold annually and promote an indoor juried show or fair of Louisiana native crafts on a statewide basis.
B. The division is authorized to cooperate with or contract with any recognized private sector or nonprofit organization to execute any or all of the functions of Subsection A of this Section.
C. The division shall perform the following:
(1) Conduct workshops and seminars on the technical business aspects of finance, marketing, promotion, advertising, and distribution of crafts as a small business.
(2) Encourage the formation of a Louisiana chapter of the National Association of Cottage Industries using an existing, recognized statewide crafts organization.
(3) Work closely with the office of tourism to incorporate into the annual statewide master plan for marketing tourism events highlighting Louisiana crafts and craftspersons.
(4) Work with the office of state parks and the office of the state museum to promote, display, and offer to sell, either directly or through their vendors or support auxiliary organizations, juried Louisiana native crafts bearing the hallmark of the quality-control logo, on a consignment or wholesale basis.
(5) Work with the Department of Wildlife and Fisheries to include features and other information on Louisiana crafts and craftspersons in existing publications of that department on a monthly basis.
(6) Doing whatever is necessary and proper to implement the juried Louisiana native crafts program.
Acts 1986, No. 588, §1; Acts 1991, No. 490, §2, eff. July 15, 1991; Acts 2001, No. 8, §6, eff. July 1, 2001.
{{NOTE: SEE ACTS 1986, NO. 588, §4, REGARDING EFFECTIVENESS.}}
A. Recognizing the responsibility of the state to foster culture and the arts and to encourage the development of artists and craftsmen, the legislature declares it to be the public policy of the state that a portion of the money spent by state agencies on the construction or renovation of state buildings shall be spent on the acquisition, installation, restoration, or conservation of works of art in, on, or on the grounds of such buildings. In pursuit of this policy, the Percent for Art program is established for the purpose of providing for art to be exhibited in or on state buildings and grounds and recognizing and assisting qualified Louisiana artists and craftsmen.
B. The following terms, as used in this Section, shall have the meaning provided in this Subsection, unless the context clearly indicates otherwise:
(1) "Louisiana artist" means an artist, artisan, or craftsman who is a resident of Louisiana.
(2) "Renovation" does not include a project the principal purpose of which is the rehabilitation of plumbing, heating, ventilating, air conditioning, or electrical systems.
(3) "State building" means any building, facility, structure, or park built or renovated using state funds, that will be owned by a department or agency in the executive, judicial, or legislative branch of state government, including any state-owned lands or space surrounding or integral to the building. "State building" shall not include parking lots (but it shall include parking garages), sidewalks, maintenance sheds, bridges, tunnels, sewers, trails, or warehouses, unless such structures are adjuncts of the principal element of the project.
(4) "Work of art" includes all forms of original creations of visual art, including but not limited to:
(a) Paintings, including all media and both portable and permanently affixed works of art such as murals.
(b) Sculpture, including bas relief, high relief, mobile, fountain, kinetic, environmental, electronic, and in-the-round sculpture.
(c) Prints, calligraphy, drawings, stained glass, mosaics, photographs, and works in fiber or textiles, wood, metal, plastic, or other materials or combination of materials.
(d) Mixed media, including any combination of forms of media.
(e) Any craft as defined in R.S. 25:897(C).
(5) "State funds" or "state money" shall not include federal funds or insurance proceeds for the construction, replacement, renovation, or improvement of a state building damaged by a natural catastrophe when conditions governing the expenditure of such monies preclude their use for the restoration or acquisition of art, nor shall it include state monies used as a match for such federal funds or insurance proceeds.
C. Except as otherwise provided in this Section, whenever more than two million dollars of state funds, whether obtained from the sale of bonds or otherwise, is to be spent by a state agency for the construction or renovation of a state building, the agency that contracts for the construction or renovation shall expend the lesser of four hundred fifty thousand dollars or one percent of the state money to be expended for the project to acquire, conserve, or restore and install works of art for display in, on, or on the grounds of the state building. The four hundred fifty thousand dollar maximum shall apply to all projects begun on or after August 1, 2016. No new contracts shall be entered into after October 1, 2016, to acquire, conserve, restore, or install works of art under this Section for existing projects if such contract would increase the total expenditure for art for such project under the Percent for Art program to exceed four hundred fifty thousand dollars. The work or works of art for the project shall be chosen as provided in Subsection E of this Section. In the case of a renovation of a state building, the required expenditure or a portion thereof may be for restoration or conservation of an existing work of art associated with the state building which is to be renovated.
D.(1) Notwithstanding the provisions of Subsection C of this Section, no state money or an amount less than one percent of the amount of state money to be expended on the project, as determined by the assistant secretary of the office of cultural development of the Department of Culture, Recreation and Tourism, shall be expended to acquire, conserve, restore, or install works of art for a particular project, if the assistant secretary of the office, considering advice from professional staff of the Louisiana Division of Arts, determines that any of the following is true:
(a) A work of art would be inappropriate on the particular project.
(b) There will be little opportunity for public appreciation of any work of art in or on the state building or its grounds.
(c) The value of one or more features or characteristics inherent in the architectural design of the state building should be considered to apply toward the one percent requirement.
(d) The state building will be amply provided with works of art without the expenditure.
(2) Nothing contained in this Subsection shall be construed to obstruct the power of the commissioner of administration to exercise any of the commissioner's lawful authority.
E. Each work of art acquired, restored, or conserved as provided in this Section shall be selected or determined by the assistant secretary of the office of cultural development of the Department of Culture, Recreation and Tourism who shall request the advice of and consult with the contracting agency, the state agency who will occupy or operate the building, the Louisiana State Arts Council, and the project architect. When selecting such works of art, preference shall be given to works of art of Louisiana artists. When selecting works of art for an institution of postsecondary education, preference shall be given to works of art created by students and faculty in art programs offered by that institution or institutions under the same postsecondary management board.
F. The commissioner of administration may adopt rules to implement the provisions of this Section.
Acts 1999, No. 1280, §1; Acts 2003, No. 972, §1, eff. July 1, 2003; Acts 2006, No. 91, §1, eff. May 25, 2006; Acts 2016, No. 600, §1.
The Louisiana National Register Review Committee, which shall be referred to as the committee for the purposes of this Chapter, is hereby created and established in the Department of Culture, Recreation and Tourism as an agency of the state. The committee is established pursuant to requirements of the U.S. Heritage Conservation Recreation Service in implementing the National Historic Preservation Act of 1966 (Public Law 89-665, as amended)1 that each state establish such a state review committee. The purpose of the committee is to promote the goals and objectives of the Louisiana Department of Culture, Recreation and Tourism and to act in an advisory capacity to that department and to the state historic preservation officer in their administration of this Chapter, and in matters relating to the conservation, preservation and restoration of the historic resources of Louisiana, with operating procedures established by the state historic preservation officer. The committee will recommend to the state historic preservation officer nominations to both the National Register of Historic Places and to the State Historic Preservation Plan Report before such plan is submitted to the Heritage Conservation and Recreation Service. Furthermore, the committee may be requested to advise the state historic preservation officer on any other matters pertaining to historic preservation.
Added by Acts 1979, No. 661, §1, eff. July 18, 1979.
116 U.S.C.A. §470 et seq.
A. The committee shall be composed of at least nine but no more than thirteen members. The state historic preservation officer shall appoint, subject to confirmation by the senate, the members of the committee, each member to serve a term of three years; however, the first members appointed under the provisions of this Chapter shall serve staggered terms as follows: at least three members shall serve for a term of three years; at least three members shall serve for two years; and at least three members shall serve for one year. If the membership of the committee exceeds nine members, the terms of the additional members also shall be staggered three year terms and the initial terms shall be determined by the state historic preservation officer. The committee shall include one professional in each of the following disciplines: history, archaeology, architectural history, historical architecture and architecture, provided that the professional in archaeology shall be qualified in both prehistoric and historic archaeology, or an additional professional shall be appointed to the committee so that expertise in both prehistoric and historic archaeology will be represented. The state historic preservation officer shall determine what other professional disciplines or additional members are needed and appoint nonprofessional members with demonstrative interests or competence in historic preservation, provided that the majority of membership shall consist of professionals.
B. To be eligible for appointment to the committee as a professional in any of the above enumerated disciplines, an individual must possess the minimum qualifications for his or her respective discipline, as set out in this Subsection.
(1) History. The minimum professional qualifications in history are a graduate degree in history or closely related field, or a bachelor's degree in history or a closely related field plus one of the following: (a) at least two years of full time experience in research, writing, teaching, interpretation, or other demonstrable professional activity with an academic institution, historical organization or agency, museum, or other professional institution; or (b) substantial contribution through research and publication to the body of scholarly knowledge in the field of history.
(2) Archaeology. The minimum professional qualifications in archaeology are a graduate degree in archaeology, anthropology or a closely related field, plus (a) at least one year of full time professional experience or equivalent specialized training in archaeological research, administration, or management; (b) at least four months of supervised field analytic experience in general North American archaeology; and (c) demonstrated ability to carry research to completion. In addition to these minimum qualifications, a professional in prehistoric archaeology shall have at least one year of full time professional experience at a supervisory level in the study of archaeological resources of the prehistoric period. A professional in historic archaeology shall have at least one year of full time experience at a supervisory level in the study of archaeological resources of the historic period.
(3) Architectural history. The minimum professional qualifications in architectural history are a graduate degree in architectural history, art history, historic preservation or a closely related field, with course work in American architectural history; or a bachelor's degree in architectural history with concentration in American architecture; or a bachelor's degree in architectural history, art history, historic preservation, or a closely related field plus one of the following: (a) at least two years of full time experience in research, writing, teaching in American architectural history or restoration architecture with an academic institution, historical organization or agency, museum, or other professional institution; or (b) substantial contribution through research and publication to the body of scholarly knowledge in the field of American architectural history.
(4) Historical architecture. The minimum professional qualifications in historical architecture are a professional degree in architecture or a state license to practice architecture, plus one of the following: (a) at least one year of graduate study in architectural preservation, American architectural history, preservation planning, or a closely related field and at least one year of full time professional experience on preservation and restoration projects; or (b) at least two years of full time professional experience in preservation and restoration projects. Experience in preservation and restoration projects shall include detailed investigations of historic structures, preparation of historic structures, research reports, and preparations of plans and specifications for preservation projects.
(5) Architecture. The minimum professional qualifications in architecture are a professional degree in architecture plus at least two years of full time professional experience in architecture or a state license to practice architecture.
C. The seat of an appointed member which becomes vacant during the term of his appointment shall be filled by the state historic preservation officer for the remainder of the unexpired term. The seat of any appointed member who shall miss three consecutive duly called meetings of the committee shall be deemed vacant, and the vacancy shall be filled in the above described manner.
D. The members of the committee shall be reimbursed for reasonable and necessary expenses incurred in the performance of their duties.
E. The committee shall annually elect one of its members as chairman and shall provide for its internal organization in a manner designed to best implement and accomplish its duties.
F. The committee shall meet at least three times a year to consider and vote on matters which come before it. Special meetings shall be held on the call of the chairman or on request of a majority of members. Any six members of the committee shall constitute a quorum for the transaction of any and all business at any regular or special meeting. In the absence of the chairman, the remaining members may appoint a temporary chairman having all the powers of the absent chairman.
Added by Acts 1979, No. 661, §1, eff. July 18, 1979. Amended by Acts 1980, No. 288, §1, eff. July 12, 1980; Acts 2008, No. 263, §1.
There is hereby created, within the office of cultural development of the Department of Culture, Recreation and Tourism, the division of historic preservation, which shall be referred to as the "division" for purposes of this Chapter. The division shall serve as the staff of the appointed state historic preservation officer for federal programs that pertain to historic buildings, structures, and places as such appointment is required by the National Historic Preservation Act, 16 U.S.C. 470 et seq. It will also serve in this capacity regarding the state historic preservation officer's responsibilities under federal and state laws as provided in this Chapter.
Acts 1997, No. 785, §1.
The division shall have the following duties and responsibilities:
(1) Nominating Louisiana properties to the National Register of Historic Places in accordance with 16 U.S.C. 470 et seq. and R.S. 25:901 and 902.
(2) Compiling and maintaining a survey of all buildings in the state which are over fifty years old.
(3) Reviewing applications for the federal historic preservation tax credit program pursuant to 26 U.S.C. 47.
(4) Developing a comprehensive statewide historic preservation plan to be approved by the state historic preservation officer and updated from time to time.
(5) Administering the certified local government program pursuant to 16 U.S.C. 470a.
(6) Administering the Louisiana component of the historic American buildings survey program in accordance with 16 U.S.C. 470a.
(7) Reviewing federal projects and federally assisted or licensed projects for their impact upon historic buildings and places under provisions of Section 106 of the National Historic Preservation Act, 16 U.S.C. 470f.
(8) Reviewing applications for the state historic preservation tax incentive program established by R.S. 47:4311 et seq.
(9) Reviewing projects in the State Capitol Historic District for issues concerning buildings, furnishings, and grounds of the district pursuant to R.S. 25:781 et seq.
(10) Performing all other functions relative to historic preservation as required by federal or state law.
(11) Establishing and implementing the main street historic downtown revitalization program in Louisiana as developed by the National Trust for Historic Preservation.
(12) Implementing a program of activities that will make information about the historic resources of the state available to the public. This shall include but shall not be limited to publications, press releases, periodicals, exhibits, teaching materials, lecturers, and other public presentations.
(13) Providing for the management of all Federal Historic Preservation Fund monies and state funds allocated for grants for the purpose of historic preservation.
(14) Under guidance of a professional architectural historian, developing and implementing a program to provide public financial assistance for the preservation and enhancement of designated historic structures, both public and private.
(15) Establishing and maintaining a register of historic cemeteries located in Louisiana in accordance with the provisions of R.S. 25:914.
Acts 1997, No. 785, §1; Acts 2008, No. 600, §1, eff. June 30, 2008.
A. The division shall be supervised by a director which position is hereby created. The director may provide for any deputy directors and such subdivision supervisory units as may be needed. Qualifications for the director shall be established as provided by applicable civil service law and rules.
B. The division shall promulgate reasonable rules and regulations, in accordance with the Administrative Procedure Act, R.S. 49:950 et seq., to carry out the authority granted to the division by this Chapter.
C. The state historic preservation officer shall exercise full signatory authority for all official documents relating to the provisions of federal and state law referenced in this Chapter and shall specify the signatory authority of any deputy historic preservation officers who may be appointed.
D. Under authority of the state historic preservation officer, the division may enter into contracts and agreements with the United States or any appropriate agency thereof, the state of Louisiana or any appropriate agency thereof, any parish or municipal governing authority, or any private group or individual to further the goals of the state's historic preservation programs.
E. Under the authority of the state historic preservation officer, the division may accept facade easements and servitudes and may enter into protective memoranda of agreement with public and private owners of real property.
F. The division may accept gifts, grants, devices, and bequests.
Acts 1997, No. 785, §1.
A. The division shall be responsible for establishing and maintaining a register of historic cemeteries located in Louisiana in accordance with the provisions of this Section. The register shall be known as the Louisiana Register of Historic Cemeteries. The register shall be established and maintained for the purpose of recognizing cemeteries as being among the most valuable historic resources of the state of Louisiana as cemeteries can reveal information about the historic events, religion, lifestyles, and genealogy of a local community.
B. The division shall establish an application process by which a cemetery may be nominated to the division for placement on the state register. A cemetery may be nominated by any person, agency, organization, or political subdivision of the state of Louisiana. The division shall make an application for nomination available to any person who requests such application.
C. No cemetery shall be considered for placement on the state register unless it is at least fifty years old, or contains the burial of a person of local, state, or national importance by reason of civic, public or military service, cultural achievement, or historical significance, or contains structures that are considered architecturally significant. Any person, agency, organization, or political subdivision nominating a cemetery to the division for inclusion on the state register shall submit photographs, maps, and any historical data regarding the significance of any such cemetery. The division shall promulgate such rules and regulations for the nomination, review, and approval of any application submitted pursuant to this Section in accordance with the provisions of R.S. 25:913(B).
D. The division may cooperate with all departments, commissions, boards, agencies, officers, and institutions of the state and all political subdivisions thereof in carrying out the purposes of this Section.
Acts 2008, No. 600, §1, eff. June 30, 2008.
This Chapter shall be known as the "Louisiana Historic Cemetery Preservation Act".
Acts 2010, No. 707, §1, eff. June 29, 2010.
The legislature hereby finds the demolition, destruction, and damage of historic cemeteries and isolated graves a disrespectful practice. The legislature further finds that existing state laws do not provide for the adequate protection of historic cemeteries that are not under the jurisdiction of the Louisiana Cemetery Board, are not on state lands, and are not solely comprised of unmarked graves. Cemeteries are considered by most cultures to be sacred spaces. In addition to being resting places for our dead, many of Louisiana's cemeteries are repositories of significant examples of art, architecture, and archaeology as well as containing the history of their respective communities. The importance of cemeteries should not be taken lightly, as these significant elements represent a substantial tourist attraction for the state of Louisiana, and also present an endless source of data for historians, taphologists, anthropologists, archaeologists, and genealogists that collectively lead us to a better understanding of our own culture.
Acts 2010, No. 707, §1, eff. June 29, 2010.
The following words and phrases when used in this Chapter shall have the meanings given to them in this Section unless the context clearly indicates otherwise:
(1) "Abandoned cemetery" shall mean any cemetery which is no longer being used for interments, is not being maintained in good condition, and has fallen into a state of disrepair, including tombs and headstones that have collapsed or been destroyed, walls and fences that have fallen apart, and trees and bushes that have grown amongst and within grave spaces.
(2) Repealed by Acts 2016, No. 614, §5(A).
(3) "Artifact" shall mean any item of human manufacture or use that is associated with a historic cemetery or isolated grave.
(4) "Board" shall mean the Louisiana Cemetery Board.
(5) "Damage" shall mean the intentional or inadvertent hurt, harm, or injury to a component of a historic cemetery or to an isolated grave so as to lessen or destroy its historic, cultural, or scientific value.
(6) "Department" shall mean the Department of Culture, Recreation and Tourism.
(7) "Destruction" shall mean intentionally or inadvertently destroying components of a historic cemetery by violent disintegration of its fabric so as to reduce the components to ruin.
(8) "Division" shall mean the office of cultural development, division of archaeology, within the department.
(9) "Grave space" shall mean a grave, crypt, vault, niche, tomb, lawn crypt, or any other property used or intended to be used for the interment of human remains. The term shall also include any marker or other means of commemoration associated with the grave space.
(10) "Historic cemetery" shall mean any abandoned cemetery located in the state that is more than fifty years old and is not subject to the laws, rules, and regulations of the board or Chapter 10-A of Title 8 of the Louisiana Revised Statutes of 1950.
(11) "Human skeletal remains" shall mean any part of the body of a deceased human being in any stage of decomposition.
(12) "Isolated grave" shall mean any marked grave site that is not part of a larger cemetery and is not subject to the laws, rules, and regulations of the board or Chapter 10-A of Title 8 of the Louisiana Revised Statutes of 1950. The term shall also include groupings of multiple graves that are not part of a larger cemetery.
(13) "Modification" shall mean the altering of the original substance of a grave space.
(14) "Program" shall mean the Louisiana Historic Cemetery Preservation Program.
(15) "Unmarked burial site" shall have the same meaning as provided in R.S. 8:673.
(16) Repealed by Acts 2012, No. 834, §13, eff. July 1, 2012.
Acts 2010, No. 707, §1, eff. June 29, 2010; Acts 2012, No. 834, §§4 and 13, eff. July 1, 2012; Acts 2016, No. 614, §5A.
A. The Louisiana Historic Cemetery Preservation Program is hereby established within the Department of Culture, Recreation and Tourism. The program shall be established and maintained in the office of cultural development, division of archaeology. All budgeting, purchasing, and management functions shall be administered by the department.
B. The department may employ and remove personnel as may be necessary for the efficient administration of the program in accordance with applicable civil service law, rules, and regulations, and department policies.
Acts 2010, No. 707, §1, eff. June 29, 2010.
The department shall have the following powers and duties with respect to the program:
(1) To implement and enforce the provisions of this Chapter.
(2) To adopt such rules and regulations as are necessary to implement and to enforce the provisions of this Chapter. All rules and regulations shall be adopted in accordance with the Administrative Procedure Act, R.S. 49:950 et seq.
(3) To consult with all interested parties on occasions of planned or inadvertent destruction, damage, or modification of grave spaces within historic cemeteries or of isolated graves and to determine a proper course of action.
(4) To institute civil proceedings seeking injunctive or other relief to restrain and to prevent violations of this Chapter or the laws or administrative rules administered or enforced pursuant to this Chapter.
(5) To institute civil proceedings seeking restitution, payment of costs, or other monetary relief necessary to prevent, restore, or repair damage to grave spaces within historic cemeteries or to isolated graves.
(6) To issue permits for the disinterment and scientific study of human skeletal remains and artifacts found in or near historic cemeteries or isolated graves. The department may adopt rules and regulations to provide for the issuance of emergency permits by the state archaeologist. Provisional permits may be used by the department until such time as the program is staffed, and the department has adopted rules and regulations governing permitting.
(7) To charge an amount not in excess of the amount authorized in R.S. 8:676(A)(7) for each such permit. The monies collected from the issuance of permits, subject to applicable provisions of law, shall be used as provided for funds from civil damages as authorized by R.S. 25:938. However, the department shall not be required to charge a fee for any permit issued pursuant to this Chapter.
Acts 2010, No. 707, §1, eff. June 29, 2010.
A. The department may revoke or suspend any permit issued under the provisions of this Chapter upon a determination by the division that the holder of the permit has violated the provisions of this Chapter or the rules and regulations adopted pursuant to this Chapter, or has failed to meet the professional or occupational standards determined by the division, or has failed to ensure that the personnel employed by the holder of the permit meet the professional or occupational standards determined by the division.
B. Permits may be revoked or suspended only by a ruling of the department based on an adjudicatory hearing held in accordance with the provisions of the Administrative Procedure Act.
C. The department shall notify each person whose permit has been revoked or suspended, by certified mail, return receipt requested.
D. Each person whose permit has been revoked or suspended shall return the permit to the department within fifteen days of the date on which the notice of the revocation or suspension was received.
Acts 2010, No. 707, §1, eff. June 29, 2010.
A. It is unlawful for any person, entity, or group, to whom the department has not issued a permit, to knowingly:
(1) Disturb a historic cemetery or an isolated grave.
(2) Allow any person, entity, or group access to a historic cemetery or an isolated grave for the purpose of disturbing any such cemetery or grave.
(3) Provide funds to or for any person, entity, or group for the purpose of disturbing any historic cemetery or isolated grave.
B. Each violation of this Section shall be punishable upon conviction of a first offense by a fine of not more than five thousand dollars or imprisonment for not more than one year, or both. Upon conviction of a second or subsequent offense each violation shall be punishable by imprisonment for not more than two years or a fine of not more than ten thousand dollars, or both. Each disturbance of a historic cemetery or isolated grave constitutes a separate offense.
Acts 2010, No. 707, §1, eff. June 29, 2010.
A. The department may institute civil proceedings seeking injunctive relief to restrain and prevent violations of this Chapter or the laws or administrative rules administered or enforced by the department.
B. The department may also institute civil proceedings seeking civil damages from any person who knowingly violates any provision of R.S. 25:937. Civil damages shall include any or all of the following:
(1) Forfeiture of any and all equipment used in disturbing the historic cemetery or isolated grave.
(2) Payment of any and all costs incurred in cleaning and restoring the affected portions of the historic cemetery or the isolated grave.
(3) Payment of any and all costs associated with protecting the historic cemetery or isolated grave from further damage or in restoring the historic cemetery or isolated grave to its original condition.
(4) Payment of any and all costs associated with recovery of data, and analyzing, publishing, accessioning, and curating materials when the prohibited activity is so extensive as to preclude the restoration of the historic cemetery or isolated grave.
(5) Payment of any and all costs associated with the reinterment of the human skeletal remains.
(6) Payment of any and all costs associated with determining and collecting the civil damages, including but not limited to filing fees, attorney fees, court costs, fees associated with discovery and the testimony of expert witnesses, and collection costs.
C. The department may bring actions for injunctive relief or civil damages in either the district court for the parish of East Baton Rouge or in the district court where the historic cemetery or isolated grave is located.
D. The attorney general shall represent the department in all matters pertaining to the administration or enforcement of this Chapter, or both, except in those matters in which the department has employed special counsel. The department may employ and shall fix the compensation of such special counsel with the concurrence of the attorney general and in accordance with the laws and regulations regarding employment of special counsel.
E. Civil damages, except for attorney fees, recovered by the department, subject to applicable provisions of law, shall be used by the department to implement and enforce the provisions of this Chapter and to fund activities of the division in regard to restoration and protection of historic cemeteries and isolated graves, in accordance with regulations adopted by the department and other applicable laws. Attorney fees shall be paid to the Louisiana Department of Justice.
F. The provisions of this Chapter shall in no way limit the exercise of concurrent jurisdiction by other state agencies in the prosecution of criminal or civil lawsuits for violations of the provisions of this Chapter.
Acts 2010, No. 707, §1, eff. June 29, 2010.
A. Any person who has reason to believe he has discovered a historic cemetery or an isolated grave shall notify the department through the division within seventy-two hours of the discovery.
B. Any activity that may disturb the historic cemetery or isolated grave shall immediately cease upon discovery. No activity which shall disturb the historic cemetery or isolated grave shall resume until the department has issued a permit governing the disposition of the historic cemetery or isolated grave. In no event shall the department take longer than thirty days to decide on issuance of a permit without the written agreement of all parties.
Acts 2010, No. 707, §1, eff. June 29, 2010.
Repealed by Acts 2012, No. 834, §13, eff. July 1, 2012.
Repealed by Acts 2016, No.614, §5A.
Repealed by Acts 2012, No. 834, §13, eff. July 1, 2012.
The provisions of this Chapter shall not apply to the following:
(1) A cemetery operated under the authority and regulation of the board.
(2) An unmarked burial site that is covered under the authority and regulation of the division or Chapter 10-A of Title 8 of the Louisiana Revised Statutes of 1950.
(3) Normal cleaning of grave spaces and grounds maintenance.
(4) Grave spaces within abandoned cemeteries that are less than fifty years old.
Acts 2010, No. 707, §1, eff. June 29, 2010.
This Chapter shall be known as the "Louisiana Human Remains Protection and Control Act".
Acts 2016, No. 531, §1, eff. June 17, 2016.
The legislature hereby finds that Louisiana law has never permitted, recognized, or sanctioned ownership rights in human remains and that such materials are explicitly exempted from property concepts under both common and civil law. The legislature further finds that the trade in or commodification of human remains fosters the looting and desecration of cemeteries and other sacred sites. The legislature further finds that existing state laws do not adequately protect against the illicit trade in human remains and that such trade needs to be stemmed in order to minimize looting and desecration of cemeteries. The legislature also finds and declares that there is a need for a central state entity to manage the enforcement of human remains laws and that, because the attorney general is already the statutory counsel to the Louisiana Cemetery Board, as well as being charged with civil enforcement of the Louisiana Unmarked Human Burial Sites Preservation Act and the Louisiana Historic Cemetery Preservation Act, the attorney general is uniquely qualified to enforce and police all illicit transactions in and commodification of human remains contemplated by this Chapter.
Acts 2016, No. 531, §1, eff. June 17, 2016.
As used in this Chapter, the following terms shall have the following meanings unless the context clearly indicates otherwise:
(1) "Human remains" means the body or parts thereof of a deceased person and includes the body or parts thereof in any stage of decomposition, as well as cremated remains.
(2) "Possession" means the exercise of control over human remains.
(3) "Trade" means to distribute, to offer for sale, to offer for acquisition, to buy, to sell, to barter, to exchange, to give, to receive, to donate, or to bequest, whether by physical delivery or by subterfuge.
Acts 2016, No. 531, §1, eff. June 17, 2016.
Except as otherwise permitted by law:
(1) The possession of human remains is prohibited.
(2) It shall be unlawful to trade in, discard, or destroy human remains.
Acts 2016, No. 531, §1, eff. June 17, 2016.
A.(1) A first offense violation of this Chapter shall be punishable upon conviction by a fine of not more than five thousand dollars, or imprisonment, with or without hard labor, for not more than one year, or both.
(2) Upon conviction of a second or subsequent offense, each violation shall be punishable by imprisonment, with or without hard labor, for not more than two years, or a fine of not more than ten thousand dollars, or both.
(3) Each item of human remains in possession or trade shall constitute a separate offense.
B. The attorney general may institute civil proceedings seeking injunctive relief to restrain and prevent violations of this Chapter.
C. The attorney general may institute civil proceedings seeking civil damages from any person who knowingly violates any provision of this Chapter. Civil damages shall include any or all of the following:
(1) Forfeiture of any and all equipment used in obtaining the human remains.
(2) Any and all costs incurred in cleaning, restoring, analyzing, accessioning, and curating the recovered human remains.
(3) Any and all costs associated with the reinterment of the human remains.
(4) Any and all costs associated with determining and collecting civil damages, including but not limited to filing fees, attorney fees, court costs, fees associated with discovery and the testimony of expert witnesses, and collection costs.
D. The attorney general may bring actions for injunctive relief or civil damages in either the district court for the parish of East Baton Rouge or in the district court where the burial site, the human skeletal remains, or other body parts, or the burial artifacts are located.
Acts 2016, No. 531, §1, eff. June 17, 2016.
A. A natural or juridical person possessing human remains in violation of this Chapter may voluntarily relinquish possession of such human remains to the Louisiana Department of Justice without sanctions under this Chapter. The attorney general shall be vested with the authority and discretion to waive civil sanctions under this Chapter for any person who voluntarily relinquishes human remains.
B. Upon voluntarily relinquishing human remains pursuant to this Chapter, any person may designate which qualified entity or entities the human remains should be transmitted to for permanent curation following analysis for compliance with other laws. Such transmissions shall occur only with the concurrence of the designated qualified entity or entities. Failing such concurrence or direction, the disposition of human remains relinquished or acquired by the Louisiana Department of Justice pursuant to this Chapter shall be within the discretion of the attorney general.
Acts 2016, No. 531, §1, eff. June 17, 2016.
A. The following shall be exempt from the restrictions and prohibitions of this Chapter:
(1) Private and public institutions of primary, secondary, or higher education.
(2) Federal, state, and local governments and any political subdivisions thereof as well as federal, state, and local law enforcement officials acting within their statutory authority.
(3) Qualified museums or research institutions.
(a) A "qualified museum or research institution" means an entity that is a juridical person pursuant to Louisiana law that has an explicitly stated educational or research purpose as part of their mission and juridical personage registration.
(b) A qualified museum or research institution shall submit notification of retention of human remains in its possession to the Louisiana Department of Justice within one year of June 17, 2016.
(c) A qualified museum or research institution, upon reasonable notice, shall submit to the attorney general for analysis any human skeletal remains in its possession.
(d) A qualified museum or research institution shall notify the Louisiana Department of Justice within six months of any acquisition of known human remains not included in any initial disclosure under this Chapter.
B. The Louisiana Department of Justice shall hold in a centralized database all records of qualified museums and research institutions, exempt as provided in this Section, that have complied with the requirements of this Chapter.
Acts 2016, No. 531, §1, eff. June 17, 2016.
A. The provisions of this Chapter are not intended to supplant the primary criminal jurisdiction of district attorneys under R.S. 14:101, R.S. 8:655, R.S. 8:659, R.S. 8:678, R.S. 17:2280, R.S. 17:2354.4, R.S. 17:2354.5, or R.S. 25:937.
B. The provisions of this Chapter are not intended to restrict or limit, and are explicitly superseded by, the law relative to anatomical gifts and donations authorized under R.S. 17:2271 et seq. or R.S. 17:2351 et seq.
C. The provisions of this Chapter are not intended to restrict or limit, and are explicitly superseded by, the rights of descendants and family members to control human remains under R.S. 8:651 et seq.
D. The provisions of this Chapter are not intended to restrict or limit, and are explicitly superseded by, the licensed or otherwise authorized practice of funeral directing, cremation, and cemetery operation as authorized in Titles 8 and 37 of the Louisiana Revised Statutes of 1950.
E. The provisions of this Chapter are not intended to restrict or limit, and are explicitly superseded by, the authority of coroners as authorized by Title 13 of the Louisiana Revised Statutes of 1950.
F. The provisions of this Chapter are not intended to restrict or limit, and are explicitly superceded by, the Louisiana Unmarked Human Burial Sites Preservation Act, pursuant to R.S. 8:671 et seq., the Louisiana Historical Cemetery Preservation Act, pursuant to R.S. 25:931 et seq., and the Native American Graves Protection and Repatriation Act, 25 U.S.C. 3001 et seq.
Acts 2016, No. 531, §1, eff. June 17, 2016.
The attorney general shall administer the provisions of this Chapter and shall be charged with the investigation and enforcement of this Chapter. The prosecution of the civil provisions of this Chapter shall be concurrently within the prosecutorial discretion of the attorney general and the district attorney for the parish in which the violations occur. The prosecution of the criminal provisions of this Chapter shall be within the discretion of the district attorney for the parish in which the violations occur, subject to the district attorney's recusal to the attorney general within the appropriate district attorney's discretion.
Acts 2016, No. 531, §1, eff. June 17, 2016.
The legislature hereby recognizes that no Naval or Marine Corps war memorial has been established in Louisiana, despite the heroic participation and sacrifices of its citizens in World War II and subsequent conflicts in which the United States has been engaged. The legislature further recognizes that a fitting memorial should be established to honor the Louisianians who participated so valiantly in the naval efforts of World War II and the Korean and Viet Nam conflicts and that the opportunity to secure a destroyer to be docked in Louisiana waters as a lasting memorial would honor Louisiana naval personnel and, in addition, would form an outstanding tourist attraction for Louisianians and other people visiting our state. It is further recognized that the opportunity to obtain a presently available destroyer, the U.S.S. Kidd, should not be neglected, since this valiant destroyer, named for Rear Admiral Isaac C. Kidd, who was killed at Pearl Harbor, has a distinguished record in both conflicts and therefore presents to the state an opportunity which may not again arise to acquire and establish the U.S.S. Kidd as a Naval war memorial, and that, therefore, a long delayed public service thus can be achieved through acquisition of this destroyer or, if that proves impossible, then another suitable memorial.
Added by Acts 1979, No. 415, §1; Acts 1992, No. 68, §4.
A. There is hereby created in the Department of Culture, Recreation and Tourism, office of tourism, the Louisiana Naval War Memorial Commission. The commission shall be composed of seventeen members, one of whom shall be the secretary of the Department of Culture, Recreation and Tourism, or his designee, one of whom shall be the secretary of veterans affairs, or his designee, and fifteen of whom shall be appointed by the governor.
B. The initial appointive members of the commission shall be appointed by September 15, 1979, and in making his appointments, the governor shall designate five members to serve initial terms of two years, five to serve initial terms of four years, and six to serve initial terms of six years. Thereafter, the members shall be appointed for terms of six years each. A vacancy in the membership of the commission shall be filled by the governor by appointment for the unexpired term.
C. The commission shall be domiciled in Baton Rouge. The commission shall elect a chairman, a vice chairman, and such other officers as it shall determine. The commission shall hold at least one regular meeting each year and may hold other meetings upon call of the chairman or a majority of the members. A majority of serving members shall constitute a quorum for the transaction of business.
D. Members shall serve without compensation but may be reimbursed for actual expenses incurred in attendance at meetings and otherwise in the performance of the duties of the commission at the direction of the commission.
E.(1) The governor or the commission may remove a member for cause.
(2) If a member misses two consecutive meetings and the absences have not been approved by the commission, the commission may remove the member. If the commission seeks to remove a member pursuant to this Paragraph, it shall notify the governor in writing prior to removal of the member. If the governor does not object to the removal within thirty days of receipt of written notification, the commission may remove the member.
Added by Acts 1979, No. 415, §1; Acts 2009, No. 84, §1; Acts 2016, No. 100, §1.
A. The commission shall have authority to acquire, transport, berth, renovate, equip, operate, and maintain, and to exhibit the destroyer U.S.S. Kidd or, if acquisition thereof becomes impossible or impractical, then any other property acquired for use as a permanent public naval and marine corps, or both memorial, and to adopt rules and regulations for the use of such memorial and its properties.
B. The commission shall have control over the destroyer U.S.S. Kidd or other naval and marine corps, or both memorial, and over any improvements and exhibits located thereon and any additions constructed, created, leased, acquired, or erected in connection therewith.
C. The commission shall select a site for permanently docking the U.S.S. Kidd or other naval and marine corps, or both memorial within Louisiana and make all necessary arrangements for acquiring a location for its exhibition.
D. The commission shall be responsible for all distribution and collection of funds connected with this project. It is also authorized to contract for, receive, accept and expend any funds made available from public or private sources. No employees of the commission shall be deemed to be employees of the state or be entitled to join the state retirement system.
E. Repealed by Acts 1985, No. 109, §2, eff. June 29, 1985.
F. The commission shall not authorize reports and recommendations which include the issue, publication, or distribution of general information documents or pamphlets, which are published on a regular basis and are generally known as newsletters.
Added by Acts 1979, No. 415, §1; Acts 1985, No. 109, §2, eff. June 29, 1985; Acts 1986, No. 827, §1.
A. The Louisiana Naval War Memorial Commission, in addition to those duties specified in R.S. 25:1002, shall have the authority to acquire, construct, and finance a landing facility for commercial excursion boats, an observation area, a platform for tourist related recreational projects, and other related improvements to the U.S.S. Kidd and its related maritime museum and memorial center, as needed public facilities and improvements, and as a means of enhancing the revenue-producing potential of such facilities. In the exercise of this authority, the commission is further authorized and empowered to enter into and execute an agreement or agreements with the city of Baton Rouge, the parish of East Baton Rouge, or both, hereinafter referred to as "the city and the parish", and such entities are likewise authorized to enter into such agreement for participation by the city and the parish in the acquisition, construction, and financing of such facilities and improvements.
B.(1) Subject to the approval of their respective governing authorities and the State Bond Commission, the city and the parish are further authorized to issue certificates of indebtedness for the purpose of paying the cost of constructing, acquiring, and improving any public facility or improvement authorized in this Section. These certificates of indebtedness shall be authorized by resolution of the respective governing authority and shall be payable from the income and revenues to be derived from admittance charges to such facilities together with any other income and revenues pledged by the commission to be derived from the operation of the landing facility, observation area, platform, and other improvements after payment of the reasonable cost of operation and maintenance thereof. Certificates issued hereunder shall not constitute an indebtedness or pledge of the general credit of the state of Louisiana nor of the city or parish within the meaning of any constitutional or statutory limitation on indebtedness. Such certificates of indebtedness shall mature over a period not exceeding twenty years, shall be in such form, and shall be callable under such terms at such premiums as may be set out in the resolution of the respective governing authority. These certificates of indebtedness shall be sold and bear interest at such rate or rates as may be determined by the respective governing authority and approved by the State Bond Commission. Such certificates of indebtedness and the income therefrom shall further be exempt from all taxation in the state of Louisiana. These certificates of indebtedness when issued shall be negotiable paper under the law merchant, shall not be invalid for any irregularity or defect in the proceedings providing for their issuance, and shall be incontestable in the hands of bona fide purchasers thereof for value. No court shall have authority or jurisdiction to inquire into the legality thereof if the validity of such certificates is not raised within thirty days from the date of publication of the ordinance providing for their issuance.
(2) In addition to the authority set forth in Paragraph (1) above, the city and the parish may issue certificates of indebtedness under the authority of R.S. 33:2921 to R.S. 33:2925, after satisfying the legal requirements set forth therein, but for terms not to exceed twenty years.
C. Subject to the approval of their respective governing authorities and the State Bond Commission, the city and the parish may issue revenue bonds under the terms and provisions of Part XIII of Chapter 4, Chapter 13, and Chapter 13-A, all of Title 39 of the Louisiana Revised Statutes of 1950, for the purpose of financing all or any portion of the costs of the public improvements or facilities authorized in this Section. Such revenue bonds shall not be general obligations secured by the full faith and credit of the city, the parish, or the state of Louisiana. The principal, interest, and redemption premiums on the revenue bonds, if any, shall be payable solely from the income and revenue derived from the facility or improvement so financed, all as more fully set forth in said Part XIII. The commission is further authorized to contract with respect to such projects or facilities as herein provided and more fully set forth in said Part XIII.
D. Under such agreement, the commission is further authorized to recognize an undivided interest of the city and the parish in the property acquired, constructed, or improved with the proceeds of the certificates or bonds in the proportion that the actual contribution of each to principal and interest requirements bears to the total principal and interest on the certificates or bonds to maturity, the proportion of ownership interest to be vested in each of the participating entities to be finally fixed and determined upon payment of the certificates or bonds. The revenues to be derived from the operation thereof shall be attributed to the city, the parish, and the commission in the manner provided in the aforesaid agreement.
E. Under such agreement, the commission, the city, and the parish may conjointly provide for the operation of the facilities and improvements so financed. The commission, the city, and the parish are further jointly authorized to lease commercial space within or on such properties in accordance with the provisions of Part I of Chapter 10 of Title 41 of the Louisiana Revised Statutes of 1950, including requirements for advertising for and receiving public bids for such leases, except that such leases shall be awarded and executed according to the following terms and conditions:
(1) The following determinations shall be made in awarding each lease:
(a) The financial qualifications of the applicants for the proposed lease.
(b) The compatibility of the proposed lease with the integrity, structure, and safety of the property.
(c) The impact of the proposed lease on the character of the area in which the properties are located.
(d) The fair market rental price based upon other comparable properties.
(2) Such leases shall provide for a fair and equitable return of revenue to the lessor based upon the fair market rental price.
(3) Additional procedural requirements for such leases may be adopted by the governing authority of the city and the parish.
F. The commission, the city, and the parish may apply for and receive Urban Development Action Grant monies and any other federal funds available through grant or loan programs for the purposes of this Section.
Acts 1985, No. 248, §1, eff. July 6, 1985.
The legislature hereby recognizes that it is appropriate to establish a naval museum on the Mississippi River at Kenner and that including a naval vessel of historic significance as part of such museum will be a significant factor in its effectiveness. The legislature finds that such a museum would be an excellent educational and historical facility for Louisianians, especially school children, and would also be a distinctive attraction to visitors to Louisiana and that the location of such a facility at Kenner would complement and be complemented by the many museums and other visitor attractions located there. The legislature recognizes that the museum would also pay fitting tribute to those citizens of Louisiana who participated in the naval engagements of our past wars.
Acts 1992, No. 68, §1; Acts 2014, No. 89, §1.
A. There is hereby created in the Department of Culture, Recreation and Tourism, office of tourism, the Kenner Naval Museum Commission. The commission shall be composed of eleven members, one of whom shall be the secretary of the Department of Culture, Recreation and Tourism, or his designee, one of whom shall be the director of veterans affairs and nine of whom shall be appointed by the governor, subject to Senate confirmation. At least six of the members shall be residents of Kenner recommended by members of the legislature representing the city of Kenner and the remaining appointive members shall be appointed from recommendations by members of the legislature representing Jefferson Parish in such a manner as to provide general parishwide representation on the commission.
B. The initial appointive members of the commission shall be appointed by September 15, 1992, and in making his appointments, the governor shall designate three members to serve initial terms of two years, three to serve initial terms of four years, and three to serve initial terms of six years. Thereafter, the members shall be appointed for terms of six years each. A vacancy in the membership of the commission shall be filled by the governor by appointment for the unexpired term. A member of the commission may be removed by the governor for cause.
C. The commission shall be domiciled in Kenner. The commission shall elect a chairman, a vice chairman, and such other officers as it shall determine. The commission shall hold at least three regular meetings each year and may hold other meetings upon call of the chairman or a majority of the members. Six members shall constitute a quorum for the transaction of business.
D. Members shall serve without compensation, but may be reimbursed for actual expenses incurred in attendance at meetings and otherwise in the performance of the duties of the commission at the direction of the commission. Any such expenses shall be payable only out of self-generated funds of the commission. No state generated funds shall be used for the upkeep and operation of the commission.
Acts 1992, No. 68, §1.
A. The commission shall have authority to acquire, lease, transport, berth, renovate, equip, operate, and maintain, and to exhibit any property acquired for use as a permanent naval museum, and to adopt rules and regulations for the use of such museum and its properties.
B. The commission may have control over any naval museum vessel it acquires and shall have control over any improvements and exhibits located thereon and any additions constructed, created, leased, acquired, or erected in connection therewith.
C. The commission shall select a site for permanently docking any naval museum vessel it acquires at Kenner and make all necessary arrangements for leasing or acquiring a location for its exhibition.
D. The commission shall be responsible for all distribution and collection of funds connected with this project. It is also authorized to contract for, receive, accept, and expend any funds made available from public or private sources. No employees of the commission shall be deemed to be employees of the state or be entitled to join the state retirement system.
E. The commission is authorized and empowered to contract for professional management of all or part of the operations of any naval vessels it acquires and related facilities.
F. The commission shall have the authority to contract with the U.S.O., U.S. Navy and any other branch of the U.S. Armed Services, other naval and military museums, military and quasi-military organizations, corporations, individuals, and other legal entities for the purpose of soliciting and acquiring exhibits, equipment, additional improvements, films, videos, photographs, and memorabilia for public display, as well as donations for the acquisition of such items, and for events on any naval vessel it acquires.
Acts 1992, No. 68, §1; Acts 2014, No. 89, §1.
A. The Kenner Naval Museum Commission, in addition to those duties specified in R.S. 25:1005.2, shall have the authority to acquire, lease, construct, and finance a landing facility for commercial excursion boats, an observation area, a platform for tourist related recreational projects, and other related improvements to any naval vessel it acquires, as needed public facilities and improvements, and as a means of enhancing the revenue-producing potential of such facilities. In the exercise of this authority, the commission is further authorized and empowered to enter into and execute an agreement or agreements with the city of Kenner, the parish of Jefferson, or both of them, hereinafter referred to as the "city" and the "parish", and such entities are likewise authorized to enter into such agreements for participation by the foundation, the city, and the parish in the acquisition, construction, and financing of such facilities and improvements.
B.(1) Subject to the approval of their respective governing authorities and the State Bond Commission, the city and the parish are further authorized to issue certificates of indebtedness for the purpose of paying the cost of constructing, acquiring, and improving any public facility or improvement authorized in this Section. These certificates of indebtedness shall be authorized by resolution of the respective governing authority and shall be payable from the income and revenues to be derived from admittance charges to such facilities together with any other income and revenues pledged by the commission to be derived from the operation of the landing facility, observation area, platform, and other improvements after payment of the reasonable cost of operation and maintenance thereof. Certificates issued hereunder shall not constitute an indebtedness or pledge of the general credit of the state of Louisiana nor of the city or parish within the meaning of any constitutional or statutory limitation on indebtedness. Such certificates of indebtedness shall mature over a period not exceeding twenty years, shall be in such form, and shall be callable under such terms at such premiums as may be set out in the resolution of the respective governing authority. These certificates of indebtedness shall be sold and bear interest at such rate or rates as may be determined by the respective governing authority and approved by the State Bond Commission. Such certificates of indebtedness and the income therefrom shall further be exempt from all taxation in the state of Louisiana. These certificates of indebtedness when issued shall be negotiable paper under the law merchant, shall not be invalid for any irregularity or defect in the proceedings providing for their issuance, and shall be incontestable in the hands of bona fide purchasers thereof for value. No court shall have authority or jurisdiction to inquire into the legality thereof if the validity of such certificates is not raised within thirty days from the date of publication of the ordinance providing for their issuance.
(2) In addition to the authority set forth in Paragraph (1) above, the city and the parish may issue certificates of indebtedness under the authority of R.S. 33:2921 through R.S. 33:2925, after satisfying the legal requirements set forth therein, but for terms not to exceed twenty years.
C. Subject to the approval of their respective governing authorities and the State Bond Commission, the city and the parish may issue revenue bonds under the terms and provisions of Part XIII of Chapter 4, Chapter 13, and Chapter 13-A, all of Title 39 of the Louisiana Revised Statutes of 1950, for the purpose of financing all or any portion of the costs of the public improvements or facilities authorized in this Section. Such revenue bonds shall not be general obligations secured by the full faith and credit of the city, the parish, or the state of Louisiana. The principal, interest, and redemption premiums on the revenue bonds, if any, shall be payable solely from the income and revenue derived from the facility or improvement so financed, all as more fully set forth in said Part XIII. The commission is further authorized to contract with respect to such projects or facilities as herein provided and more fully set forth in said Part XIII.
D. Under such agreement, the commission is further authorized to recognize an undivided interest of the city and the parish in the property acquired, constructed, or improved with the proceeds of the certificates or bonds in the proportion that the actual contribution of each to principal and interest requirements bears to the total principal and interest on the certificates or bonds to maturity, the proportion of ownership interest to be vested in each of the participating entities to be finally fixed and determined upon payment of the certificates or bonds. The revenues to be derived from the operation thereof shall be attributed to the city, the parish, and the commission in the manner provided in the aforesaid agreement.
E. Under such agreement, the commission, the city, and the parish may conjointly provide for the operation of the facilities and improvements so financed. The commission, the city, and the parish are further jointly authorized to lease commercial space within or on such properties in accordance with the provisions of Part I of Chapter 10 of Title 41 of the Louisiana Revised Statutes of 1950, including requirements for advertising for and receiving public bids for such leases, except that such leases shall be awarded and executed according to the following terms and conditions:
(1) The following determinations shall be made in awarding each lease:
(a) The financial qualifications of the applicants for the proposed lease.
(b) The compatibility of the proposed lease with the integrity, structure, and safety of the property.
(c) The impact of the proposed lease on the character of the area in which the properties are located.
(d) The fair market rental price based upon other comparable properties.
(2) Such leases shall provide for a fair and equitable return of revenue to the lessor based upon the fair market rental price.
(3) Additional procedural requirements for such leases may be adopted by the governing authority of the city and the parish.
F. The commission, the city, and the parish may apply for and receive Urban Development Action Grant monies and any other federal funds available through grant or loan programs for the purposes of this Section.
Acts 1992, No. 68, §1; Acts 2014, No. 89, §1.
The Louisiana Governor's Mansion Advisory Commission, hereafter in this Chapter referred to as the "commission", is hereby created and established as an agency in the office of the governor for purposes of providing recommendations on the protection and enhancement of the governor's mansion and its contents, furnishings, and grounds. The purpose of the commission is to ensure a continuum in the appearance and the preservation of contents, furnishings, and surrounding areas of the governor's mansion consistent with the historical significance and importance of the governor's mansion.
Acts 2022, No. 187, §1; Acts 2024, No. 237, §1, eff. May 23, 2024.
The commission shall have jurisdiction over the public areas of the governor's mansion and grounds. Public areas shall consist of the first floor, the stairwell in the rotunda, and all grounds in front and on each side of the mansion. The private areas of the governor's mansion and grounds shall be all other areas within the mansion and grounds not specifically described as a public area in this Section.
Acts 2022, No. 187, §1; Acts 2024, No. 237, §1, eff. May 23, 2024.
A. The commission shall be composed as follows:
(1)(a) If the governor is married, the governor's spouse or the spouse's designee.
(b) If the governor is unmarried, the governor or his designee.
(2) A person appointed by the person serving on the commission pursuant to Paragraph (1) of this Subsection.
(3) The chief of staff of the governor's spouse or, if the governor has no spouse, the person employed at the governor's mansion in the position known as the executive residence director.
(4) A member of a former governor's family appointed by the governor.
(5) Three members appointed by the governor.
B. The members appointed pursuant to Paragraphs (A)(2), (4), and (5) of this Section shall serve at the pleasure of the appointing authority.
C.(1) The person serving on the commission pursuant to Paragraph (A)(1) of this Section shall serve as the chairman of the commission, and the members of the commission may provide for other officers of the commission as deemed necessary.
(2) The commission may create an executive committee from among its membership to ensure the prompt and efficient conduct of the powers, duties, and functions of the commission.
(3) The commission may establish and provide for advisory committees to advise and assist the commission in the performance of its duties.
D. Members of the commission shall serve without compensation but may receive reimbursement for expenses directly related to service on the commission in accordance with law.
Acts 2022, No. 187, §1; Acts 2024, No. 237, §1, eff. May 23, 2024.
A. The commission shall have the following powers, duties, functions, and responsibilities:
(1) To make recommendations relative to improvements, renovation, redecoration, or enhancement of the governor's mansion.
(2) To hold meetings as necessary, which shall be held at the governor's mansion.
(3) To promote a greater understanding and awareness of the importance and significance of the governor's mansion and enhance and maintain the appearance, furnishings, and surroundings thereof so that it may serve as a symbol and actual representation of the history and cultural heritage of the state.
(4) To assist in research for and promote the publication of appropriate materials concerning the governor's mansion and its contents and grounds and the history and significance thereof, and to coordinate and guide any such activity by other state and local agencies.
(5)(a) To enter into loan agreements, subject to the approval of the governor, for the loan of any item that is not owned by the state and that is to be housed in the governor's mansion or located on its grounds and for the loan of any item owned or controlled by another state agency which is to be housed in the governor's mansion or located on its grounds.
(b) Any item that is the subject of a loan agreement shall be included in the property inventory of the governor's mansion as required by R.S. 39:324.
(6) To create a program for annual audit, spot-check inventory, and post-audit functions for the protection of all items that are owned by the state or on loan to the state and that are housed in the governor's mansion or located on its grounds.
(7) To provide the office of risk management in the division of administration with a property inventory for the assessment of adequate insurance through the office of risk management to insure the repair or replacement of items housed in the governor's mansion or located on its grounds, including items that are not owned by the state.
(8) To provide a procedure for receiving inventory items at the end of a governor's term and for turning over the inventory items to the incoming governor's spouse or designee.
(9) To assist and advise in the orderly transition from one governor to his successor with respect to all matters within the jurisdiction of the commission.
(10) To monitor public areas and grounds of the governor's mansion to ensure proper maintenance and repair.
B.(1) Meetings of the commission shall be exempt from the provisions of R.S. 42:11 et seq.
(2) Records of the commission shall be exempt from the provisions of R.S. 44:1 et seq.
Acts 2022, No. 187, §1; Acts 2024, No. 237, §1, eff. May 23, 2024.
A. The office of state buildings and grounds within the division of administration shall timely perform or provide for all requests for maintenance and repair to the governor's mansion and its grounds made by the commission.
B. All departments, commissions, boards, agencies, officers, and institutions of the state and all subdivisions thereof shall cooperate with the commission in carrying out the powers and purposes of this Chapter.
Acts 2022, No. 187, §1.
Repealed by Acts 2024, No. 237, §5, eff. May 23, 2024.
A.(1) The Legislature of Louisiana hereby recognizes that October 12, 1992, marks the five hundredth anniversary of the voyages of discovery of Christopher Columbus and that all persons in this state should look with pride on the achievements and contributions of this courageous man.
(2) The legislature further recognizes that as the United States approaches the quincentenary of the voyages of discovery of Christopher Columbus, it is appropriate to celebrate and commemorate this anniversary through local and statewide observances and activities planned, encouraged, coordinated, and conducted by a commission representative of appropriate persons and public and private authorities and organizations.
B. The legislature declares, therefore, that it is the purpose of this Chapter to create the Louisiana Quincentenary Commission to promote and coordinate activities to commemorate the quincentennial of the voyages of Christopher Columbus.
Acts 1988, No. 4, §1.
A. The Louisiana Quincentenary Commission, hereafter referred to as the "commission", is hereby created and established in the Department of Culture, Recreation and Tourism.
B. The commission shall consist of eighteen members appointed by the governor to serve at his pleasure.
C. Each appointment by the governor shall be submitted to the Senate for confirmation.
D. The members of the commission shall elect a chairman, vice chairman, and other officers as they deem necessary for the efficient operation of the business of the commission.
E. The members of the commission shall serve without compensation, but they shall be reimbursed on a vouchered basis for actual expenses, including travel expenses, to the extent that funds are made available for such purpose.
F. A vacancy in the membership of the commission shall be filled in the same manner as the original appointment.
G. The commission shall meet at least semi-annually on such a date and at such a time and place as it may designate. All meetings shall be held at the call of the chairman or at the call of a quorum of members upon not less than seven days written notice, unless notice is waived. A majority of the members of the commission shall constitute a quorum for the transaction of any and all business at any regular or special meeting.
H. The commission shall be domiciled in Baton Rouge but may hold public meetings elsewhere in the state.
Acts 1988, No. 4, §1; Acts 1990, No. 819, §1.
The commission shall:
(1) Plan and develop activities appropriate to commemorate the quincentenary of the voyages of Columbus, including a limited number of projects to be undertaken by the state, seeking to harmonize and balance the important goals of ceremony and celebration with the equally important goals of scholarship and education.
(2) Encourage private organizations and local governments to organize and participate in quincentennial activities commemorating and examining the historic events associated with those voyages.
(3) Serve as a clearinghouse for collecting and disseminating information about quincentennial events and plans in the state.
(4) Cooperate and coordinate with the Christopher Columbus Quincentenary Jubilee Commission in preparing a comprehensive plan of commemoration to suit the national celebration.
(5) Encourage state agencies to develop quincentenary programs such as the creation of commemorative automobile license plates and public programs in state and local parks, museums, and libraries.
(6) Seek cooperation, advice, and assistance from both private and governmental agencies and organizations, including local governments, learned societies, academic institutions, and historical, patriotic, philanthropic, civic, and professional groups and associations.
(7) Adopt rules and regulations regarding the use of any logos, symbols, or marks originated under authority and certified by the commission for use in connection with the state commemoration of the quincentennial, or any facsimile thereof.
Acts 1988, No. 4, §1.
The commission may solicit, accept, use, and dispose of any private or public funds in the form of donations of money, grants, property, or personal services from individuals, corporations, and governments for such purposes. However, the commission shall first adopt rules and regulations under which it may accept such donations or grants of money, property, or personal services, including the procedure for determining the value of the donation.
Acts 1988, No. 4, §1.
The commission shall submit a report annually to the governor, the president of the Senate and the speaker of the House of Representatives, and no later than thirty days prior to the beginning of each regular session of the legislature until the commission terminates. The first annual report shall include specific recommendations for commemorating and coordinating the quincentenary and related activities.
Acts 1988, No. 4, §1.
All departments, commissions, boards, agencies, officers, and institutions of the state and all subdivisions thereof shall cooperate with the commission in carrying out the powers and purposes of this Chapter.
Acts 1988, No. 4, §1.
The commission shall terminate on December 31, 1992.
Acts 1988, No. 4, §1; Acts 1990, No. 819, §1.
A. All state university museums shall protect and improve the quality of their collections through the sale, exchange, transfer, or disposal of artifacts. Deaccessioning is the process of permanently removing accessioned artifacts from the museum collections.
B. Artifacts in the museum's collections shall be sold or deaccessioned only if they have lost their physical integrity, usefulness, authenticity, or relationship to the museum's purposes, or if their sale would distinctly improve the quality of the museum's collection.
C. Museum artifacts are state property and shall be disposed of in compliance with this Chapter and other appropriate state and federal regulations and established museum collections policy.
D. No object may be sold or deaccessioned less than two years after its acquisition by the museum.
E.(1) Proposals to sell or deaccession collection materials shall be made by the museum professional staff to the museum director who shall make a recommendation to the university's board of supervisors.
(2) The university's board of supervisors shall accept or reject the recommendation of the museum director. Acceptance of the recommendation to sell or deaccession shall require a majority vote of those board members voting.
F. Deaccessioned objects shall be disposed of by one or more of the following methods:
(1) Exchanging, exclusively with nonprofit institutions, for objects of equal or greater monetary or historical value.
(2) Transfer to a nonprofit institution or state agency.
(3) The sale of objects only through competitive means when the museum's identity may or may not remain anonymous.
(4) Destruction of deaccessioned objects which are of a hazardous nature or in a state of deterioration beyond redemption.
(5) Transfer of the object to the museum's educational collection.
G.(1) Persons, including state university employees, volunteers, members of a museum board, members of a museum support organization or other affiliated associations, or their families or representatives, may acquire deaccessioned objects only by participating in an approved public sale which complies with established museum collections policy and current museum ethics as published by the American Association of Museums.
(2) However, no person or member of his immediate family who has the authority to place such object for sale may participate in such a sale or otherwise acquire such an object.
Acts 1999, No. 666, §1.
The governing authority of West Baton Rouge Parish may create, by ordinance, a museum board to establish, maintain, operate, and support public museums and related facilities within the parish.
Acts 1991, No. 120, §1, eff. June 30, 1991.
The board shall be a historical, cultural, and educational entity with the primary purpose of encouraging research, collecting, preserving, and presenting, as an education resource, objects of art, documents, artifacts, and the like that reflect the history, art, and culture of the parish and the surrounding area.
Acts 1991, No. 120, §1, eff. June 30, 1991.
As used in the Chapter, the following terms shall have the following meaning, unless the context requires otherwise:
(1) "Association" means the West Baton Rouge Historical Association.
(2) "Board" means the West Baton Rouge Museum Board.
(3) "Director" means the museum director.
(4) "Governing authority" means the West Baton Rouge Parish Police Jury.
(5) "Museum" means any public museum and related facilities under the jurisdiction of the board.
(6) "Parish" means West Baton Rouge Parish.
Acts 1991, No. 120, §1, eff. June 30, 1991.
A. For the purpose of acquiring sites or erecting buildings thereon or additions thereto, including furniture, fixtures, and equipment, for a museum, the governing authority may:
(1) Anticipate the revenues of the parish and issue bonds or certificates based thereon, as provided by law.
(2) Issue negotiable bonds and thereafter levy and collect taxes to pay and retire the same, if so authorized by the electorate voting thereon at an election called and held for that purpose in the manner provided by law.
(3) Levy a special tax provided by Article VI, Section 32 of the Constitution of Louisiana.
B. Notwithstanding any law to the contrary, the governing authority may authorize the board to use all or any portion of the millage dedicated for maintenance and support of museums, as provided in R.S. 25:1209(B) for any of the purposes set forth in Subsection A hereof.
Acts 1991, No. 120, §1, eff. June 30, 1991.
A. The ordinance creating the museum board shall establish the membership thereof as follows:
(1) Nine members who have a knowledge of or interest in art, history, and cultural preservation who reside and are registered voters of the parish who shall serve three calendar year staggered terms. Persons are to be nominated by the West Baton Rouge Historical Association and selected by the governing authority in such a manner that five members are selected from the membership of the association and four members, who may or may not be members of the association, are selected from the parish at large. The at large members shall be nominated and selected in a manner that will ensure, to the extent possible, representation from all geographic areas of the parish.
(2) The president of the governing authority or his designee, who shall be an ex-officio nonvoting member.
(3) The terms of the initial members shall be set by the governing authority at the time of appointment in such a manner that of the five association members, one shall serve a term of one year, two shall serve a term of two years, and two shall serve a term of three years. Further, of the initial at large members, two shall serve a term of one year, one shall serve a term of two years, and one shall serve a term of three years.
B. The board shall meet at least once each quarter but may meet more frequently if additional meetings are called by the chairman or by a majority of the members of the board. All board meetings shall be held at the West Baton Rouge Museum in Port Allen unless otherwise designated in advance by the board.
C. Appointed members may be removed from the board by the board for three consecutive unexcused absences at regularly called board meetings.
D. Any vacancy on the board shall be filled by nomination by the association and selection by the governing authority.
E. A majority of the appointed members of the board shall constitute a quorum for the transaction of official business. All official actions of the board shall require the affirmative vote of a majority of the appointed members present and voting.
F. Members shall serve without compensation.
Acts 1991, No. 120, §1, eff. June 30, 1991.
A. The board shall:
(1) Adopt bylaws establishing policies and procedures for its governance, subject to law and ordinances.
(2) Elect and define the responsibilities of the board's officers, including a chairman and vice chairman to serve terms of three years.
(3) Establish when museums will be open to the public.
(4) With the advice of the association, set policies for museums.
(5) Exercise the powers, duties, and functions with respect to accessions, deaccessions, loans, and conservation of museum properties and collections in accordance with law, ordinance, and professional museum practices as established by the American Association of Museums.
(6) With the advice of the association, have custody of and administer, manage, operate, maintain, and preserve the buildings, collections, and exhibitions of the West Baton Rouge Museum complex in Port Allen and any other museum.
(7) Be domiciled in Port Allen. However, additional offices may be established and maintained within other museums.
(8) Cooperate with the parish elementary and secondary schools in the teaching of the history and culture of the parish.
(9) Provide the governing authority with a report of its activities or other information, upon its request.
(10) Pay monthly the expenses or costs of the board's operations, including salaries and all other incidental expenses, out of funds budgeted for such purposes.
B. The board may:
(1) Contract with consulting experts in the fields of museum administration and conservation of paintings, books and papers, and other decorative arts, and with appraisers, buying agents, designers, engineers, attorneys, accountants, construction and financial experts, and other such persons as may be necessary to carry out the purposes of the board.
(2) Create from its membership an executive committee.
(3) Create additional committees which it deems necessary or expedient.
(4) Appoint nonboard members to any committee of the board other than the executive committee.
(5) With the advice of the association, set and charge admission and tour fees and user or rental fees to any public museum building or exhibit, as it deems necessary.
Acts 1991, No. 120, §1, eff. June 30, 1991.
A. The board and its professional staff shall be governed by the standards of museum ethics promulgated by the American Association of Museums, which are not in conflict with law or ordinance.
B. The board may adopt further standards of ethics for itself and its professional staff which it deems to be in the best interest of the museum which are not in conflict with law, ordinance, or the standards of the American Association of Museums.
Acts 1991, No. 120, §1, eff. June 30, 1991.
A. The board shall appoint a professional director who shall have three to five years of experience in the museum field. The director shall serve as executive officer of the board and shall discharge all operational, maintenance, administrative, and executive functions of the board, subject to the control, jurisdiction, and supervision of the board.
B. The board may remove the director by an affirmative vote of a majority of the total appointed membership at a meeting called for that purpose and then only after hearing by the board, if so requested by the director.
Acts 1991, No. 120, §1, eff. June 30, 1991.
A. The board shall be funded through an ad valorem tax levied and administered by the governing authority.
B. In addition to Subsection A, the governing authority may levy a special ad valorem tax, as provided by constitution and law, for the maintenance and support of museums if authorized by the electorate voting thereon at an election called and held for that purpose in the manner provided by law.
C. Funds received by the board, including private donations or grants, shall be used according to the approved budget for the proper operation of the museums according to law, ordinance, and accepted standards of museum operations, following American Association of Museums guidelines, including the provision of a competent, professional, technical and administrative staff.
Acts 1991, No. 120, §1, eff. June 30, 1991.
The board shall annually submit to the governing authority a budget for its proposed operation during the ensuing fiscal year, which the governing authority may approve, reject, or revise. Once approved by the governing authority, the board shall proceed to act thereunder.
Acts 1991, No. 120, §1, eff. June 30, 1991.
The financial records of the board shall be audited pursuant to R.S. 24:513. A written report of this audit shall be made to the board and to the governing authority. Audit costs shall be borne by the board.
Acts 1991, No. 120, §1, eff. June 30, 1991.
The fiscal year of the board shall be the same as the fiscal year of the governing authority.
Acts 1991, No. 120, §1, eff. June 30, 1991.
A. The board may solicit and accept funds, governmental and private grants, donations, and contributions of lands, buildings, money, relics, works of art, or other property on behalf of and as additions to the museum either in the form of loans or in the form of donations inter vivos or mortis causa, or may acquire them by purchase, lease, or otherwise, subject to the terms, conditions, or limitations contained in the instrument by which such property is acquired. All gifts or donations conditionally made shall be subject to the approval of the governing authority.
B. The board may enter into any and all contracts with any person, lender, or donor that it may deem fit, proper, and necessary to accept and receive such lands, buildings, money, relics, works of art, or other property on behalf of and as additions to a public museum.
C. The board may serve as beneficiary of any public trust heretofore or hereafter created for such purpose.
D. The board shall have authority of deaccession with respect to any collection of any public museum subject to law or ordinance. With the advice of the association, the board shall establish policies and procedures necessary to carry out this authority in an orderly manner consistent with the standards established by the American Association of Museums.
Acts 1991, No. 120, §1, eff. June 30, 1991.
The governing authority of the parish of Jackson is hereby authorized to create, by ordinance, a museum board, referred to in this Chapter as the "board". The authority of the board shall extend throughout all of the territory of the parish of Jackson. The board shall be a political subdivision of the state of Louisiana created to establish, maintain, operate, and support public museums and related facilities within the parish.
Acts 2004, No. 424, §1.
The board shall be a historical, cultural, and educational entity with the primary purpose of encouraging research, collecting, preserving, and presenting, as an education resource, objects of art, documents, artifacts, and the like that reflect the history, art, and culture of the parish and the surrounding area.
Acts 2004, No. 424, §1.
A. The ordinance creating the museum board shall establish the membership thereof.
B. The members of the board shall serve without compensation.
Acts 2004, No. 424, §1.
The board shall have and exercise all powers of a political subdivision necessary or convenient for the carrying out of its objects and purposes including but not limited to the following:
(1) To incur debt.
(2) To sue and to be sued.
(3) To adopt, use, and alter at will a corporate seal.
(4) To adopt bylaws and rules and regulations.
(5) To receive by gift, grant, donation, or otherwise any sum of money, property, aid, or assistance from the United States, the state of Louisiana, or any political subdivision thereof, or any person, firm, or corporation.
(6) To enter into contracts, agreements, or cooperative endeavors with the state and its political subdivisions or political corporations and with any public or private association, corporation, business entity, or individual.
(7) To appoint officers, agents, and employees, prescribe their duties, and fix their compensation.
(8) To acquire by purchase, gift, grant, donation, lease, or otherwise such property as may be necessary or desirable for carrying out the objectives and purposes of the board.
(9) To contract with consulting experts in the fields of museum administration and conservation of paintings, books and papers, and other decorative arts, and with appraisers, buying agents, designers, engineers, attorneys, accountants, construction and financial experts, and such other persons as may be necessary to carry out the purposes of the board.
(10) To establish such funds or accounts as are necessary for the conduct of the affairs of the district*.
(11) To exercise the powers, duties, and functions with respect to accessions, deaccessions, loans, and conservation of museum properties and collections in accordance with law, ordinance, and professional museum practices as established by the American Association of Museums.
Acts 2004, No. 424, §1.
*As appears in enrolled bill.
The governing authority of the parish of Jackson may provide, by ordinance, for the funding of the museum board or for the funding of any public museum or related facilities created by such board.
Acts 2004, No. 424, §1.
The board shall annually submit to the governing authority of the parish of Jackson a budget for its proposed operation during the ensuing fiscal year, which the governing authority may approve, reject, or revise. Once approved by the governing authority, the board shall proceed to act thereunder.
Acts 2004, No. 424, §1.
A. The Atchafalaya Basin, with its adjacent lands and communities, is a place where natural, scenic, cultural, and historic resources combine to form a cohesive, nationally distinctive landscape arising from patterns of human activity shaped by geography. These patterns make the basin, its people, and surroundings significant in the unfolding of the state's history and representative of the national experience through the physical features that remain and the traditions that have evolved. Continued use of this heritage region by people whose traditions help to shape the landscape enhances its significance.
B. The legislature recognizes that:
(1) The Atchafalaya Basin region is an assemblage of rich and varied resources representing a unique aspect of Louisiana heritage which can be best managed as such an assemblage through partnerships.
(2) The region reflects a complex mixture of people and their origins, traditions, customs, beliefs, and folkways of interest to the state and nation.
(3) The region's patterns of natural, scenic, and cultural resource features, qualities, processes, uses, values, and relationships must be conserved.
(4) The Atchafalaya Basin and its adjacent lands and waters offer outstanding recreation opportunities, educational experiences, and potential for scientific research.
(5) The combination of resource patterns important to the multiple themes of the region must retain their stability, integrity, sustainability, health, and attractiveness to be capable of supporting interpretation.
(6) The resources represented in the region must continue to be productive and economically viable, consistent with sound ecosystem management policies and practices.
(7) The Atchafalaya region enjoys broad support for state and national designation as a heritage area.
(8) Principal organizations and individuals, drawn from a broad cross section of constituencies, are willing to develop partnerships to achieve stated goals and realize a vision consistent with establishment of the Atchafalaya National Heritage Area Management Plan.
(9) The heritage area concept enjoys the consent of local governments in the area.
Acts 1997, No. 1440, §1, eff. July 1, 1998; Acts 2002, 1st Ex. Sess., No. 112, §4, eff. Jan. 1, 2003; Acts 2025, No. 475, §1.
A. In furtherance of the legislature's recognition, there is hereby created the Atchafalaya Trace Commission, referred to in this Chapter as the "commission", which shall be an agency of state government within the Department of Culture, Recreation and Tourism. The legislature further establishes in the state of Louisiana the Atchafalaya National Heritage Area, referred to in this Chapter as "the heritage area". The heritage area shall consist of the territory in the following parishes: St. Mary, Iberia, St. Martin, St. Landry, Avoyelles, Pointe Coupee, Iberville, Assumption, Terrebonne, Lafayette, West Baton Rouge, Concordia, East Baton Rouge, Ascension, and Lafourche.
B. The purposes of the commission shall include the following:
(1) To protect the wet and wild nature of the Atchafalaya Basin.
(2) To promote nature-based, scenic, cultural, historic, and other forms of heritage tourism.
(3) To identify, strengthen, and link "gateway communities" surrounding the Atchafalaya Basin.
(4) To improve transportation and communication facilities and access within the heritage area.
(5) To further develop family-oriented recreational facilities.
(6) To preserve, enhance, protect, and interpret archaeological and historical sites and structures, architectural heritage, and cultural events, traditions, and lifeways.
(7) To communicate the unique maritime cultural history of the Atchafalaya Basin and Atchafalaya Bay.
(8) To develop environmental awareness and educational programs for residents and visitors.
(9) To seek recognition and federal funding for the heritage area as a National Heritage Area.
(10) To recognize and interpret the unique contributions to the regional landscape of the oil and gas, marine and maritime, fishing and aquaculture, sugarcane, and cypress timber industries.
(11) To promote and market the region through a variety of communications media including maps, guides, tapes, videos, advertisement, signage, and electronic media.
(12) To stimulate the development of necessary overnight accommodations and other conveniences.
(13) To promote scientific research and scholarly activities pertaining to the region's resources, economics, and lifeways.
(14) To develop an integrated natural, scenic, cultural, and historic resource management plan for the heritage area and assist appropriate federal, state, and local authorities in its implementation.
C. Repealed by Acts 2006, No. 713, §4, eff. July 1, 2006.
Acts 1997, No. 1440, §1, eff. July 1, 1998; Acts 1999, No. 367, §1; Acts 2002, 1st Ex. Sess., No. 112, §1, eff. January 1, 2003; Acts 2003, No. 439, §1, eff. June 20, 2003; Acts 2006, No. 713, §4, eff. July 1, 2006; Acts 2025, No. 475, §1.
NOTE: See Acts 1997, No. 1440, §3.
NOTE: See Acts 2002, 1st Ex. Sess., No. 112, §3, relative to effect and reporting of abolition of advisory board.
A.(1) The commission shall be comprised of fifteen members. The governing authority of each parish identified in R.S. 25:1222(A) as having territory within the heritage area shall appoint one member.
(2) Upon request by certified letter from the secretary of the Department of Culture, Recreation and Tourism, each governing authority shall make its appointment and submit the name and address of its appointee to the secretary by certified letter.
(3) In addition to the membership provided for in Paragraphs (1) and (2) of this Subsection, upon designation by the federal government of the Atchafalaya area as a national heritage area, the secretary of the U.S. Department of the Interior may appoint a representative of the National Park Service to serve as a nonvoting member of the commission.
B. Members of the commission shall receive no pay for their service on the commission. However, while away from their homes or regular places of business in the performance of services for the commission other than meetings of the commission, members of the commission may receive reimbursement for travel expenses in accordance with rules promulgated by the division of administration.
C. Terms of commissioners shall be three years and they may be reappointed. Any member appointed to fill a vacancy in an unexpired term shall be appointed only for the remainder of such term. Any member of the commission may serve after the expiration of his term until his successor is appointed and qualified. Any appointing authority may remove its appointed member who misses more than three consecutive meetings.
D. The members of the commission shall elect from among themselves a chair and other officers as they deem necessary.
E. The commission shall meet not less than quarterly. The commission may hold such other meetings as it deems necessary. Meetings may be called by the chairman or by a majority of the members.
F. The commission shall adopt bylaws to govern its affairs and activities.
Acts 1997, No. 1440, §1, eff. July 1, 1998; Acts 1999, No. 367, §1; Acts 2002, 1st Ex. Sess., No. 112, §1, eff. Jan. 1, 2003; Acts 2003, No. 439, §1, eff. June 20, 2003; Acts 2006, No. 713, §1, eff. July 1, 2006; Acts 2025, No. 475, §1.
NOTE: SEE ACTS 1997, NO. 1440, §3.
Repealed by Acts 2006, No. 713, §4, eff. July 1, 2006.
A. The commission shall have the following duties and authority:
(1) The commission may establish an office in the region.
(2) The commission shall have the power to appoint and fix compensation of such staff as may be necessary to carry out its duties subject to provisions of law governing employees of the Department of Culture, Recreation and Tourism.
(3) Upon request of the commission, the head of any federal or state agency may detail, on a reimbursable basis, any of the personnel of such agency to the commission to assist in carrying out the commission's duties. The commission may accept the services of personnel detailed from the state and any political subdivision thereof, and may reimburse the state or such political subdivision for those services.
(4) The commission may hold such hearings, act at such times and places, and receive such evidence as the commission considers appropriate.
(5) The commission may sue and be sued.
(6) The secretary of the Department of Culture, Recreation and Tourism shall provide to the commission, on a reimbursable basis, such administrative support services as may be required.
(7) The commission may promulgate rules in accordance with the Administrative Procedure Act to carry out the purposes of this Chapter.
(8) The commission may use its funds to obtain money from any source under any program or law requiring matching funds or other similar participation in order to receive funding.
(9) Except as limited by an agreement pursuant to Paragraph (12) of this Subsection, the commission may, for the purposes of carrying out its duties, seek, accept, and dispose of gifts, bequests, or donations of money, personal property, or services, received from any source.
(10) The commission may acquire from any willing seller real property or interests in real property in the heritage area as deemed necessary to fulfill the purposes of this Chapter.
(11) Any real property or interest in real property acquired by the commission under Paragraph (10) of this Subsection may be conveyed by the commission to an appropriate public agency or public interest group as determined by the commission.
(12) For the purposes of carrying out the plan as provided in Paragraph B(2) of this Section, the commission may enter into cooperative agreements with the state, with any political subdivision of the state, or with any person. Any such cooperative agreement shall, at a minimum, establish procedures for providing notice to the commission of any action proposed by the state, such political subdivision, or such person which may affect the implementation of the plan.
(13) The commission may establish such advisory groups and form partnerships as it deems necessary to ensure open communication with and assistance from the state, political subdivisions of the state, and interested persons.
(14) Submit annual budget requests for implementation of the management plan, including matches for federal funds once national heritage area designation is achieved.
B.(1) To guide the commission's operations and in preparation for completing the management plan, the commission shall prepare a concept plan and feasibility study which:
(a) Identifies the commission as the management entity for the heritage area and describes the organization, structure, people, programs, capabilities, and funding necessary and desirable for implementing the purposes of this Chapter.
(b) Discusses the commission's vision, mission, goals, roles, responsibilities, and other objectives related to strategic planning.
(c) Determines the potential for the heritage area to become a nationally recognized heritage area.
(d) Identifies, inventories, maps, and describes the region's resources.
(e) Delineates the tentative boundaries of the heritage area.
(f) Defines the Atchafalaya National Heritage Area driving corridor or scenic byway.
(g) Outlines potential resource conservation and development measures.
(h) Lists partners and their commitments.
(i) Describes tentative management measures.
(j) Determines immediate project needs including initiatives that the commission will assist in implementing immediately.
(2) Within four years after the commission conducts its first meeting, it shall, through the secretary of the Department of Culture, Recreation and Tourism, submit to the House Committee on Municipal, Parochial and Cultural Affairs and the Senate Committee on Natural Resources a Cultural Heritage and Corridor Management Plan. The plan shall take into account existing federal, state, and local plans, and shall coordinate those plans and present a unified resource management and interpretation plan for the heritage area. The plan shall:
(a) Provide a complete resource inventory which also includes any property in the heritage area which should be preserved, restored, managed, developed, maintained, or acquired because of its national historic, cultural, scenic, or natural systems significance.
(b) Develop a historic, cultural, scenic, and natural resource interpretation plan to interpret the resources of the heritage area.
(c) Recommend policies for resource management which consider and detail the application of appropriate land and water management techniques, including the development of intergovernmental cooperative agreements, that will protect and interpret the historical, cultural, scenic, and natural resources of the heritage area in a manner consistent with supporting appropriate and compatible economic revitalization efforts.
(d) Detail the ways in which local, state, and federal programs may best be coordinated to promote the purposes of this Chapter.
(e) Contain a program for implementation of the plan, including estimated funding needs, by local, state, and federal governments.
(f) Review local government comprehensive plans and projects.
(3) After review and approval of the plan by the legislature, by resolution, the commission shall implement the plan by taking appropriate steps in cooperation with any public or private entity to preserve and interpret the historic resources of the heritage area and to support public and private efforts in sustainable economic revitalization consistent with the goals of the plan. These steps may include but need not be limited to:
(a) Assisting the state, local, and federal governments in preserving the heritage area and its surrounding area.
(b) Assisting the state, local, and federal governments, directly or indirectly, in designing, establishing, and maintaining visitor centers and other interpretive centers and exhibits in the heritage area.
(c) Assisting in increasing public awareness of and appreciation for the historical, scenic, natural, and cultural resources and sites in the heritage area.
(d) Assisting the state, local, and federal governments and nonprofit organizations in the restoration of any historic building or structure and of any damaged or impaired natural systems or features in the heritage area.
(e) Encouraging, by appropriate means, enhanced economic development in the heritage area consistent with the goals of the plan.
(f) Ensuring that clear, consistent signs identifying access points, heritage driving corridor or scenic byway routes, points of interest, and services for visitors are placed throughout the heritage area.
(g) Assisting local governments in the development of comprehensive plans and projects.
Acts 1997, No. 1440, §1, eff. July 1, 1998; Acts 1999, No. 367, §1; Acts 2002, 1st Ex. Sess., No. 112, §1, eff. January 1, 2003; Acts 2006, No. 713, §1, eff. July 1, 2006; Acts 2025, No. 475, §1.
NOTE: SEE ACTS 1997, NO. 1440, §3.
Repealed by Acts 2008, No. 74, §1.
Repealed by Acts 2024, 3rd Ex. Sess., No. 5, §3, eff. Jan. 1, 2025.
Repealed by Acts 2024, 3rd Ex. Sess., No. 5, §3, eff. Jan. 1, 2025.
Repealed by Acts 2014, No. 832, §2.
Repealed by Acts 2024, 3rd Ex. Sess., No. 5, §3, eff. Jan. 1, 2025.
Repealed by Acts 2024, 3rd Ex. Sess., No. 5, §3, eff. Jan. 1, 2025.
Repealed by Acts 2024, 3rd Ex. Sess., No. 5, §3, eff. Jan. 1, 2025.
Repealed by Acts 2024, 3rd Ex. Sess., No. 5, §3, eff. Jan. 1, 2025.
Repealed by Acts 2016, No. 614, §10(A).
Repealed by Acts 2016, No. 614, §10(A).
Repealed by Acts 2016, No. 614, §10(A).
Repealed by Acts 2016, No. 614, §10(A).
Repealed by Acts 2016, No. 614, §10(A).
Repealed by Acts 2016, No. 614, §10(A).
Repealed by Acts 2016, No. 614, §10(A).
Repealed by Acts 2016, No. 614, §11(A).
Repealed by Acts 2016, No. 614, §11(A).
Repealed by Acts 2016, No. 614, §11(A).
Repealed by Acts 2016, No. 614, §11(A).
Repealed by Acts 2016, No. 614, §11(A).
Repealed by Acts 2016, No. 614, §11(A).
Repealed by Acts 2016, No. 614, §11(A).
A. The legislature hereby recognizes that it is appropriate to establish a museum at Grambling State University to honor the legendary football coach, Eddie G. Robinson.
B. The purpose of such museum shall be to collect, preserve, and exhibit, as an educational resource, objects of art, documents, archives, and other artifacts that reflect the history of the life and coaching domain of Eddie G. Robinson.
Acts 1999, No. 1368, §1.
A. The Eddie G. Robinson Museum Commission, hereinafter referred to as "commission", is hereby created in the Department of State.
B. The domicile of the commission shall be at Grambling State University in Grambling, Louisiana.
C. The commission shall include the following members:
(1) Seven members shall be appointed by the secretary of state, subject to confirmation by the Louisiana Senate, to serve four-year terms concurrent with the governor.
(2) The following shall also be members of the commission:
(a) The president of Grambling State University or his designee.
(b) The mayor of the city of Grambling.
(c) The president of the Grambling Chamber of Commerce.
(d) The president of the Grambling State University National Alumni Association or his designee.
(e) The athletic director at Grambling State University.
(f) The head football coach at Grambling State University.
(g) The president of the Grambling State University Athletic Foundation.
(h) The secretary of state or his designee.
(3) Repealed by Acts 2008, No. 794, §2.
D. Members of the commission shall serve without compensation.
Acts 1999, No. 1368, §1; Acts 2006, No. 451, §1; Acts 2008, No. 794, §§1, 2.
A. A majority of the members of the commission shall constitute a quorum for the transaction of official business. All official actions of the commission shall require the affirmative vote of a majority of the members present and voting.
B. The commission shall:
(1) Meet at least once each quarter at the call of the commission chairman.
(2) Adopt bylaws establishing policies and procedures for its governance, including but not limited to the following:
(a) The election and responsibilities of the officers of the commission, including a chairman and vice chairman.
(b) The employment, term, compensation, and responsibilities of a museum director. The director may also serve as the museum chief administrative officer.
(c) The appointment, duties, and functions of standing and special committees of the commission, including the appointment of noncommission members to such committees and their functions.
(d) The preparation of a budget and plan for sufficient funding.
(3) Advise the secretary of the state on all matters relating to the operations of the Eddie G. Robinson Museum.
(4) Establish and use an identifying seal pertaining to museum business.
C. The commission may:
(1) Individually, or in cooperation with any nonprofit corporation established to support the Eddie G. Robinson Museum, seek and expend funds from any source, public or private, to support programs of the museum.
(2) Authorize reports and recommendations which include the issuance, publication, or distribution of general information documents or pamphlets, which are published on a regular basis and are generally known as newsletters.
(3) Acquire by purchase, lease as lessee, and hold and use any property, movable or immovable, tangible or intangible, or any interest therein necessary or desirable for carrying out the purposes of this Chapter and sell, lease as lessor, transfer, and dispose of any such property acquired by it.
(4) Acquire by purchase, lease, or otherwise construct, develop, maintain, and operate the museum. All public works contracted by the commission shall be subject to, and in accordance with, Chapter 10 of Title 38 of the Louisiana Revised Statutes of 1950.
Acts 1999, No. 1368, §1.
The secretary of the state and the commission, jointly or separately, may solicit, accept, use, and dispose of any private or public funds in the form of donations of money, grants, property, or personal services from individuals, corporations, and governments to achieve the purposes of this Chapter.
Acts 1999, No. 1368, §1.
A. Funds appropriated by the legislature to the Department of State for operation of the Eddie G. Robinson Museum shall be used solely for that purpose and in accordance with the budget plan developed by the commission.
B.(1) If sufficient funds necessary for the operation of the Eddie G. Robinson Museum are not appropriated by the legislature, and funds from other local, public, or private sources are not available for this purpose, the Department of State is authorized to temporarily close the museum to the public until such time as sufficient funds necessary for the operation of the museum are appropriated by the legislature. The Department of State shall maintain the museum during any period of temporary closure.
(2) The Department of State may accept and use, in accordance with law, gifts, grants, bequests, donations, endowments, or funds from any public or private source to support the operations of the museum.
Acts 1999, No. 1368, §1; Acts 2012, No. 765, §1, eff. June 12, 2012.
The secretary of state shall establish policies, rules, and regulations for the operation of the museum in accordance with the Administrative Procedure Act.
Acts 1999, No. 1368, §1.
Repealed by Acts 2014, No. 832, §7B.
Repealed by Acts 2014, No. 832, §7B.
Repealed by Acts 2014, No. 832, §7B.
Repealed by Acts 2014, No. 832, §7B.
Repealed by Acts 2014, No. 832, §7B.
Repealed by Acts 2006, No. 713, §4.
Repealed by Acts 2006, No. 713, §4.
Repealed by Acts 2006, No. 713, §4.
Repealed by Acts 2006, No. 713, §4.
This Chapter shall be known as the Neighborhood Enhancement Program Act.
Acts 2004, No. 908, §1, eff. upon appropriation of funds by the legislature.
NOTE: Acts 2004, No. 908 (if it becomes effective) effective until June 30, 2010, and void thereafter.
The following words and phrases when used in this Chapter shall have the meanings given to them in this Section unless the context clearly indicates otherwise:
(1) "Department" shall mean the Department of Culture, Recreation and Tourism.
(2) "Distressed neighborhood business district" shall mean a defined geographic area which includes buildings and structures which have housed businesses or other commercial activities and also includes adjacent residential areas and which defined geographic area has pervasive poverty and unemployment, a high incidence of crime, narcotics use, homelessness, abandoned housing and deteriorated infrastructure, substantial population decline, or other similar indicators of general distress.
(3) "Eligible entity" shall mean a nonprofit organization designated by a municipality to receive grants pursuant to the provisions of this Chapter and which has been designated as exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code.
(4) "Program" shall mean the Neighborhood Enhancement Program as established in this Chapter.
Acts 2004, No. 908, §1, eff. upon appropriation of funds by the legislature.
NOTE: Acts 2004, No. 908 (if it becomes effective) effective until June 30, 2010, and void thereafter.
A. Establishment; administration. The Neighborhood Enhancement Program is hereby established within the department which shall assist municipalities in preparing and implementing a revitalization strategy for distressed neighborhood business districts through the establishment of neighborhood enhancement program districts and grants to provide for planning and improvements in such districts. The department shall administer the program in conjunction with the Louisiana Main Street Program. For this purpose, the total number of authorized positions for the department may be increased by not more than one position.
B. Applications. The department shall prepare application forms for the grant program established in this Chapter and award grants to municipalities and other eligible entities based on the requirements provided in Subsection D of this Section. The department shall require that a map be furnished with all applications clearly identifying the distressed neighborhood business district.
C. Program requirements. The program shall:
(1) Provide an assessment of the applying municipality's need for the following:
(a) The establishment of a neighborhood enhancement program district to provide for revitalization of a distressed neighborhood business district.
(b) A review of local comprehensive plans and zoning and other land use ordinances to foster the viability of distressed neighborhood business districts with a balanced mix of commercial, civic, employment, and residential uses, with particular attention to a diversity of housing options.
(c) A review of educational and recreational opportunities and facilities.
(2) Provide grants for neighborhood enhancement program districts, including the following:
(a) Basic grants for a maximum of five years per project for administrative costs, including the hiring by the grant recipient of a professional manager for the project who will coordinate the project with the department.
(b) Residential and commercial reinvestment grants for infrastructure and structural improvements, including but not limited to streets, street lights, trees, exteriors of buildings, sidewalks, or other pedestrian-oriented features.
(c) Planning and development grants for:
(i) Marketing and promoting urban residential living.
(ii) Leveraging additional private and public investment.
(iii) Promoting home ownership and other housing options.
(iv) Promoting business ownership and other business options.
(v) Addressing social and economic concerns, including but not limited to crime, blight, employment opportunities, and public services and amenities.
(vi) Achieving consistency, whenever appropriate, with existing commercial and residential revitalization efforts.
D. Eligibility. For participation in the program, municipalities or their designated eligible entities must meet the following criteria:
(1) Have a distressed neighborhood business district in need of revitalization.
(2) Provide evidence of support by local residents, merchants, and government officials.
(3) Be capable of providing a minimum of a twenty-five percent match in financial or in-kind support, or both, for any department grants.
(4) Commit to provide a minimum of a twenty-five percent match for any department grants. The match must consist of financial or in-kind support from other public or private sources based upon departmental guidelines. The department may waive or reduce the matching requirement if it determines such requirement would constitute a hardship upon the municipality or the eligible entity designated by the municipality. A hardship exists if the municipality meets one of the following criteria:
(a) The municipality is declared as financially distressed.
(b) The matching requirements for the application would exceed five percent of the municipality's annual operating budget.
(c) Part or all of the distressed neighborhood business district identified in the application is participating in a crime prevention program in conjunction with the local law enforcement agency.
(d) A minimum of twenty percent of the municipality's population is in households with incomes less than one hundred fifty percent of the federal poverty level.
E. Multiple projects. The department may approve more than one project within the boundaries of a municipality. Multiple projects may occur simultaneously or at different periods of time.
F. Cooperative projects. The department may consider applications submitted by two or more eligible entities as a single application for a single project area.
G. Limits. The department shall establish limits on the amount of money available per project area so as to distribute the available funds as fairly as possible throughout the state of Louisiana.
Acts 2004, No. 908, §1, eff. upon appropriation of funds by the legislature.
NOTE: Acts 2004, No. 908 (if it becomes effective) effective until June 30, 2010, and void thereafter.
A. No more than twenty percent of funds appropriated or allocated to the program in any fiscal year may be granted to municipalities or eligible entities in any one parish.
B. In no case shall the aggregate amount of grants to the same recipient in any fiscal year exceed eleven thousand five hundred dollars in years one through three and five thousand seven hundred fifty dollars in years four and five. The provision of grants under this Chapter shall in no way constitute an entitlement derived from the state of Louisiana or a claim on any other funds of the state.
C. All grants awarded through the program shall be awarded in conformity with rules and regulations promulgated by the department in accordance with the Administrative Procedure Act. No grant shall be awarded until after such time as such rules and regulations become effective.
D. All grants awarded through the program shall be from funds specifically appropriated by the legislature for the program.
E. No grant may be awarded through the program unless and until the legislature has appropriated to the department sufficient funds designated for the operation of the program.
Acts 2004, No. 908, §1, eff. upon appropriation of funds by the legislature.
NOTE: Acts 2004, No. 908 (if it becomes effective) effective until June 30, 2010, and void thereafter.
This Chapter shall be known as the Magnolia Street Program.
Acts 2008, No. 431, §1, eff. when funds are appropriated by the legislature.
NOTE: See Acts 2008, No. 431, §3, regarding termination.
The following words and phrases when used in this Chapter shall have the meanings given to them in this Section unless the context clearly indicates otherwise:
(1) "Department" means the Department of Culture, Recreation and Tourism.
(2) "Eligible entity" means a part of city government or a nonprofit organization designated by a municipality to receive grants pursuant to the provisions of the Chapter which has been designated as exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code.
(3) "Established residential neighborhood" means a defined geographic area which has consisted of buildings and structures for housing individuals and families which has existed as a residential neighborhood since before 1971.
(4) "Program" means the Magnolia Street Residential Neighborhood Enhancement Program as established by this Chapter.
Acts 2008, No. 431, §1, eff. when funds are appropriated by the legislature.
NOTE: See Acts 2008, No. 431, §3, regarding termination.
A. Establishment; administration. The Magnolia Street Program is hereby established within the Department of Culture, Recreation and Tourism which shall assist municipalities in preparing and implementing a revitalization strategy for residential neighborhoods through the establishment of residential neighborhood enhancement program districts and grants to provide for planning and improvements in such districts. The residential neighborhoods must be in close proximity to either a Louisiana Main Street Program project or an existing commercial district. The department shall administer the program in conjunction with the Louisiana Main Street Program. For this purpose, the total number of authorized positions for the department may be increased by not more than one position.
B. Applications. The department shall prepare application forms for the grant program established in this Chapter and award grants to municipalities and other eligible entities based on the requirements provided in Subsection D of this Section. The department shall require that a map be furnished with all applications clearly identifying the residential neighborhood district.
C. Program requirements. The program shall:
(1) Provide residential reinvestment grants for infrastructure and structural improvements, including, but not limited ,to streets, street lights, trees, exteriors of buildings and sidewalks or other pedestrian-oriented features.
(2) Provide planning and development grants for:
(a) Salaries of local program managers, which may be either full-time or part-time.
(b) Marketing and promoting urban residential living.
(c) Leveraging additional private and public investment.
(d) Promoting home ownership and other housing options.
(e) Addressing social and economic concerns including, but not limited to, crime, blight, employment opportunities, and public services and amenities.
(f) Achieving consistency, whenever appropriate, with existing commercial and residential revitalization efforts.
(3) Provide an assessment of applying a municipality's need for the following:
(a) A review of local comprehensive plans and zoning and other land use ordinances to foster the viability of established residential neighborhoods, with a balanced mix of commercial, civic, employment and residential uses, with particular attention to a diversity of housing options.
(b) A review of educational and recreational opportunities and facilities.
D. Eligibility. For participation in the program, municipalities or their designated eligible entities must meet the following criteria:
(1) Have an established residential neighborhood in need of revitalization in close proximity to an existing commercial district.
(2) Provide evidence of support by local residents, merchants, and government officials in the form of written documentation.
(3) Commit to provide a minimum of a thirty percent match for any department grants. The match must consist of financial or in-kind support from other public or private sources based upon departmental guidelines. The department may waive or reduce the matching requirement if it determines such requirement would constitute a hardship upon the municipality or the agency designated by the municipality. A hardship exists if the municipality meets one of the following criteria:
(a) The municipality is declared as financially distressed.
(b) The matching requirements for the application would exceed five percent of the municipality's annual operating budget.
(c) Part or all of the established residential neighborhood identified in the application is participating in a crime prevention program in conjunction with the local law enforcement agency.
E. Multiple projects. The department may approve more than one project within the boundaries of a municipality. Multiple projects may occur simultaneously or at different periods of time.
F. Cooperative projects. The department may consider applications submitted by two or more municipalities as a single application for a single project area.
G. Priority projects. The department shall give priority to projects with an established residential neighborhood that was already in existence prior to 1961.
H. Limits. The department shall establish limits on the amount of money available per project area so as to distribute the available funds as fairly as possible throughout the state of Louisiana.
I. Prohibitions. No funds from this program shall be expended to develop or convert farmland to residential, commercial or industrial uses. Farmland is any land that supports, or land with a recent history of supporting, the commercial production of agricultural crops, livestock or livestock products, poultry products, milk or dairy products, fruit, or other horticultural products.
Acts 2008, No. 431, §1, eff. when funds are appropriated by the legislature.
NOTE: See Acts 2008, No. 431, §3, regarding termination.
A. No more than twenty percent of funds appropriated or allocated to the program in any fiscal year may be granted to municipalities or eligible entities within any one parish.
B. In no case shall the aggregate amount of grants in any fiscal year exceed the amount of the appropriation to the department for the program in that fiscal year or the amount allocated to the program by the department in the event that funding for the program is included in an appropriation to the department containing funding for other programs. The provision of grants under this Chapter shall in no way constitute an entitlement derived from the state of Louisiana or a claim on any other funds of the state.
C. All grants awarded through the program shall be awarded in conformity with rules and regulations promulgated by the department in accordance with the Administrative Procedure Act. No grant shall be awarded until after such time as such rules and regulations become effective.
D. All grants awarded through the program shall be from funds specifically appropriated by the legislature for the program.
E. No grant may be awarded through the program unless and until the legislature has appropriated to the department sufficient funds designated for the operation of the program.
Acts 2008, No. 431, §1, eff. when funds are appropriated by the legislature.
NOTE: See Acts 2008, No. 431, §3, regarding termination.
The Legislature of Louisiana finds that:
(1) There is a need to educate and inform the public as to the history and background of American and Louisiana law.
(2) America and Louisiana's religious history plays an important role in the background of our American and Louisiana law.
(3) The role of religion in the constitutional history of both America and Louisiana is acknowledged by historians.
(4) The basic knowledge of American legal history is important to the formation of civic virtue in our society.
(5) The courts have provided vital direction to the Legislature of Louisiana on how to approach the display of historical documents.
(6) The Legislature of Louisiana now endorses the prolongation of a uniform, sound, distinct, and appropriate presentation of the story of the role of religion in the constitutional history of America and Louisiana, which may be publicly displayed in court houses and other state and local buildings throughout the state of Louisiana.
Acts 2006, No. 602, §1.
A. Public displays with acknowledged religious history may include, but shall not be limited to, the items in this Section.
B. The Mayflower Compact, written and adopted in 1620, the text which reads as follows:
Mayflower Compact (1620 A.D.)
Agreement Between the Settlers at New Plymouth: 1620
IN THE NAME OF GOD, AMEN. We, whose names are underwritten, the Loyal Subjects of our dread Sovereign Lord, King James, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith. Having undertaken for the Glory of God, and Advancement of the Christian Faith, and the Honour of our King and Country, a voyage to plant the first colony in the northern Parts of Virginia; do by these presents, solemnly and mutually, in the Presence of God and one another, covenant and combine ourselves together into a civil Body Politick, for our better Ordering and Preservation, and Furtherance of the Ends aforesaid: And by Virtue hereof do enact, constitute, and frame, such just and equal Laws, Ordinances, Acts, Constitutions and Offices, from time to time, as shall be thought most meet and convenient for the General good of the Colony; unto which we promise all due submission and obedience. In Witness whereof we have hereunto subscribed our names at Cape Cod the eleventh of November, in the Reign of our Sovereign Lord King James, of England, France, and Ireland, the eighteenth, and of Scotland the fifty-fourth, Anno Domini; 1620.
C. The Ten Commandments, as extracted from the Bible.
D. The Declaration of Independence, adopted by Congress on July 4, 1776, the text of which reads as follows:
The Declaration of Independence.
IN CONGRESS, July 4, 1776
The unanimous Declaration of the thirteen United States of America.
When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness, -- That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, -- That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security. -- Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.
He has refused his Assent to Laws, the most wholesome and necessary for the public good.
He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them.
He has refused to pass other Laws for the accommodation of large districts of people, unless those people would relinquish the right of Representation in the Legislature, a right inestimable to them and formidable to tyrants only.
He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their public Records, for the sole purpose of fatiguing them into compliance with his measures.
He has dissolved Representative Houses repeatedly, for opposing with manly firmness his invasions on the rights of the people.
He has refused for a long time, after such dissolutions, to cause others to be elected; whereby the Legislative powers, incapable of Annihilation, have returned to the People at large for their exercise; the State remaining in the mean time exposed to all the dangers of invasion from without, and convulsions within.
He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their migrations hither, and raising the conditions of new Appropriations of Lands.
He has obstructed the Administration of Justice, by refusing his Assent to Laws for establishing Judiciary powers.
He has made Judges dependent on his Will alone, for the tenure of their offices, and the amount and payment of their salaries.
He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance.
He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures.
He has affected to render the Military independent of and superior to the Civil power.
He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation:
For Quartering large bodies of armed troops among us.
For protecting them, by a mock Trial, from punishment for any Murders which they should commit on the Inhabitants of these States.
For cutting off our Trade with all parts of the world.
For imposing Taxes on us without our Consent.
For depriving us in many cases, of the benefits of Trial by jury.
For transporting us beyond Seas to be tried for pretended offences.
For abolishing the free System of English Laws in a neighbouring Province, establishing therein an Arbitrary government, and enlarging its Boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into these Colonies.
For taking away our Charters, abolishing our most valuable Laws, and altering fundamentally the Forms of our Government.
For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever.
He has abdicated Government here, by declaring us out of his Protection and waging War against us.
He has plundered our seas, ravaged our Coasts, burnt our towns, and destroyed the lives of our people.
He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty and perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.
He has constrained our fellow Citizens taken Captive on the high Seas to bear Arms against their Country, to become the executioners of their friends and Brethren, or to fall themselves by their Hands.
He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless Indian Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions.
In every stage of these Oppressions We have Petitioned for Redress in the most humble terms; Our repeated Petitions have been answered only by repeated injury. A Prince whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.
Nor have We been wanting in attentions to our Brittish brethren. We have warned them from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which, would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity, which denounces our separation, and hold them, as we would the rest of mankind, Enemies in War, in Peace Friends.
We, therefore, the Representatives of the United States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these United Colonies are, and of Right ought to be Free and Independent States; that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. And for the support of this Declaration, with a firm reliance on the protection of divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor.
E. Articles I through VI of the Northwest Ordinance enacted by Congress on July 13, 1787, which prohibited slavery in the new territories and which stated that "religion, morality, and knowledge as being necessary for good government and the happiness of mankind" and which text reads as follows:
Article I
No person, demeaning himself in a peaceable and orderly manner shall ever be molested on account of his mode of worship or religious sentiments, in the said territory.
Article II
The inhabitants of the said territory shall always be entitled to the benefits of the writ of habeas corpus, and of the trial by jury; of a proportionate representation of the people in the legislature; and of judicial proceedings according to the course of the common law. All persons shall be bailable, unless for capital offenses, where the proof shall be evident or the presumption great. All fines shall be moderate; and no cruel or unusual punishments shall be inflicted. No man shall be deprived of his liberty or property, but by the judgment of his peers or the law of the land; and, should the public exigencies make it necessary, for the common preservation, to take any person's property, or to demand his particular services, full compensation shall be made for the same. And, in the just preservation of rights and property, it is understood and declared, that no law ought ever to be made, or have force in the said territory, that shall, in any manner whatever, interfere with or affect private contracts or engagements, bona fide, and without fraud, previously formed.
Article III
Religion, morality, and knowledge, being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged. The utmost good faith shall always be observed towards the Indians; their lands and property shall never be taken from them without their consent; and, in their property, rights, and liberty, they shall never be invaded or disturbed, unless in just and lawful wars authorized by Congress; but laws founded in justice and humanity, shall from time to time be made for preventing wrongs being done to them, and for preserving peace and friendship with them.
Article IV
The said territory, and the States which may be formed therein, shall forever remain a part of this Confederacy of the United States of America, subject to the Articles of Confederation, and to such alterations therein as shall be constitutionally made; and to all the acts and ordinances of the United States in Congress assembled, comformable thereto. The inhabitants and settlers in the said territory shall be subject to pay a part of the federal debts contracted or to be contracted, and a proportional part of the expenses of government, to be apportioned on them by Congress according to the same common rule and measure by which apportionments thereof shall be made on the other States; and the taxes for paying their proportion shall be laid and levied by the authority and direction of the legislatures of the district or districts, or new States, as in the original States, within the time agreed upon by the United States in Congress assembled. The legislatures of those districts or new States, shall never interfere with the primary disposal of the soil by the United States in Congress assembled, nor with any regulations Congress may find necessary for securing the title in such soil to the bona fide purchasers. No tax shall be imposed on lands the property of the United States; and, in no case, shall nonresident proprietors be taxed higher than residents. The navigable waters leading into the Mississippi and St. Lawrence, and the carrying places between the same, shall be common highways and forever free, as well to the inhabitants of the said territory as to the citizens of the United States, and those of any other States that may be admitted into the confederacy, without any tax, impost, or duty therefor.
Article V
There shall be formed in the said territory, not less than three nor more than five States; and the boundaries of the States, as soon as Virginia shall alter her act of cession, and consent to the same, shall become fixed and established as follows, to wit: The western State in the said territory, shall be bounded by the Mississippi, the Ohio, and Wabash Rivers; a direct line drawn from the Wabash and Post Vincents, due North, to the territorial line between the United States and Canada; and, by the said territorial line, to the Lake of the Woods and Mississippi. The middle State shall be bounded by the said direct line, the Wabash from Post Vincents to the Ohio, by the Ohio, by a direct line, drawn due north from the mouth of the Great Miami, to the said territorial line, and by the said territorial line. The eastern State shall be bounded by the last mentioned direct line, the Ohio, Pennsylvania, and the said territorial line: Provided, however, and it is further understood and declared, that the boundaries of these three States shall be subject so far to be altered, that, if Congress shall hereafter find it expedient, they shall have authority to form one or two States in that part of the said territory which lies north of an east and west line drawn through the southerly bend or extreme of Lake Michigan. And, whenever any of the said States shall have sixty thousand free inhabitants therein, such State shall be admitted, by its delegates, into the Congress of the United States, on an equal footing with the original States in all respects whatever, and shall be at liberty to form a permanent constitution and State government: Provided, the constitution and government so to be formed, shall be republican, and in conformity to the principles contained in these articles; and, so far as it can be consistent with the general interest of the confederacy, such admission shall be allowed at an earlier period, and when there may be a less number of free inhabitants in the State than sixty thousand.
Article VI
There shall be neither slavery nor involuntary servitude in the said territory, otherwise than in the punishment of crimes whereof the party shall have been duly convicted: Provided, always, That any person escaping into the same, from whom labor or service is lawfully claimed in any one of the original States, such fugitive may be lawfully reclaimed and conveyed to the person claiming his or her labor or service as aforesaid.
Acts 2006, No. 602, §1.
Public displays set forth in R.S. 25:1282(B), (C), (D), and (E) shall be accompanied by a document entitled "Context for Acknowledging America's Religious History" which shall read as follows:
(1) Some documents stand out as pivotal in the religious history of America and Louisiana's legal system, among which are the Mayflower Compact, The Declaration of Independence as a legal foundation for the United States Constitution, the Ten Commandments as one of the foundations of our legal system, and the Northwest Ordinance, which was a primary document affirming faith and the first congressional act legally prohibiting slavery. It is hoped that their study and relation to each other and the history of our state and nation will foster an appreciation for the role that religion has played in the legal history of America and the state of Louisiana and prompt further public study.
(2) American law, constitutionalism, and political theory have deep roots in religion. American ideals about liberty, freedom, equality, legal responsibility and codes of law, to mention a few, have roots and underpinnings in religion and biblical literacy. The Ten Commandments, which are found in the Book of Exodus in the Old Testament of the Bible, was one of the earliest written expressions of law to be incorporated in American legal systems. The Ten Commandments, or the law of nature, also impacted the Declaration of Independence which refers to the "laws of nature and of Nature's God."
Acts 2006, No. 602, §1.
A. The division of state archives and records service within the office of the secretary of state shall, upon request, prepare and distribute to state offices, clerks of court and judges and the local governing authorities in the state of Louisiana, copies of the documents set forth in R.S. 25:1282 suitable for framing and display, upon receipt of funds to reimburse the secretary for the actual cost of the preparation and delivery of the documents.
B. Each state office, clerk of court, judge and local governing authority is authorized to post the documents for display provided by the secretary in a visible public location, along with other historical documents.
C. Nothing herein shall prohibit the state or local governing officers, judges or clerks of court from reprinting the documents in R.S. 25:1282 or accepting a donation of already printed documents for display in public buildings.
Acts 2006, No. 602, §1.
This Chapter shall be known and may be referred to as the "Delta Bike Trail Commission", which shall be created to be a body politic and corporate and a political subdivision of the state with all of the powers of a political subdivision and with such further powers and functions as are set forth in this Chapter.
Acts 2022, No. 336, §1.
A. The commission shall be domiciled in the municipalities of Concordia, Tensas, Madison, and East Carroll parishes, with its headquarters in Vidalia, Louisiana.
B.(1) The commission is created for the purpose of overseeing the development and upkeep of the Delta Bike Trail, a bike and walking trail along and on the Mississippi River in Northeast Louisiana through the parishes of Concordia, Tensas, Madison, and East Carroll, referred to in this Chapter as the "trail".
(2) The commission has the authority to do the following:
(a) Receive funding from the Department of Transportation and Development, the Department of Culture, Recreation, and Tourism, or any federal state funds or grants for the development of the Delta Bike Trail.
(b) Promote marathons, nature-based, recreational, scenic, cultural, historic, and other forms of tourism.
(c) Improve transportation and communication facilities and access within the trail area.
(d) Further develop family-oriented recreational facilities along the trail area.
(e) Promote and market the region through a variety of communications media including maps, guides, tapes, videos, advertisement, signage, and electronic media.
Acts 2022, No. 336, §1.
A. The commission members shall serve four-year terms.
B. The commission shall consist of seven members designated and appointed by each of the following:
(1) The lieutenant governor.
(2) The secretary of the Department of Transportation and Development.
(3) The state representative for District 21.
(4) The president of the Concordia Parish Police Jury.
(5) The president of the East Caroll Parish Police Jury.
(6) The president of the Tensas Parish Police Jury.
(7) The president of the Madison Parish Police Jury.
C. The members of the commission shall not receive any salary for the performance of their duties. The commissioners may be reimbursed for mileage expenses incurred for attendance at meetings of the commission, subject to the availability of funds. The mileage allowance shall be fixed by the commission in an amount not to exceed the mileage allowance authorized under state travel regulations at rates and standards as promulgated by the division of administration.
D. The members of the commission shall elect from among themselves a chair and other officers as they deem necessary.
E. The commission shall meet not less than quarterly. The commission may hold such other meetings as it deems necessary. Meetings may be called by the chairman or by a majority of the members.
F. The commission shall adopt bylaws to govern its affairs and activities.
G. The commission created pursuant to this Chapter shall be subject to the provisions of R.S. 42:1101 et seq.
H. The commission may perform, procure from the Department of Transportation and Development with the consent of its secretary, or procure from outside service providers any service or portion of services necessary to fulfill the duties and obligations of the commission.
Acts 2022, No. 336, §1.
The board created by this Chapter shall be subject to and fully comply with the Public Records Law, R.S. 44:1 et seq., and the Open Meetings Law, R.S. 42:11 et seq., of the state. The proceedings and documents of the board shall be public records. All reports, maps, or other technical documents produced in whole or in part by the board may be utilized by the board or any other public agency in any manner that it deems necessary and advisable in the conduct of its duties.
Acts 2022, No. 336, §1.
The parish planning and zoning departments of Concordia, Tensas, Madison, and East Carroll parishes, and all its subcommittees, shall serve in an advisory capacity to the commission, relative to the trail or any projects contemplated by or to be undertaken by the commission.
Acts 2022, No. 336, §1.
The commission may exercise powers necessary, appurtenant, convenient, or incidental to the carrying out of its purposes, including but not limited to the following rights and powers:
(1) To adopt rules and regulations necessary to carry out the purposes of the commission, for the governance of its affairs, and for the conduct of its business.
(2) To adopt, use, and alter at will an official seal.
(3) To plan, construct, reconstruct, maintain, improve, operate, own, or lease projects within the trail area in the manner determined by the commission and to pay any project costs in connection therewith.
(4) To sue and be sued in its own name.
(5) To impose and revise fees and charges in connection with its projects sufficient to pay all project costs, maintenance, operation, debt service, and reserve or replacement costs, and other necessary or usual charges.
(6) To receive grants, donations, funds, or other resources from any source, including proceeds from the sale of services.
(7) To acquire property, including rights-of-way; and hold and use any franchise or property, immovable, movable, or mixed, tangible or intangible, or any interest therein, necessary or desirable for carrying out the purposes of the commission.
(8) To contract with any person, partnership, association, or corporation desiring the use of any part of the trail or trail area, including the right-of-way adjoining the paved portion, for placing thereon any of the following: a telephone, fiber optic, telegraph, electric light, or power lines, gas stations, garages, and restaurants, or for any other purpose, and to fix the terms, conditions, rents, and rates of charges limited to no more than the direct and actual cost of the commission in administering the permitting process.
(9) To enter into contracts including those for purchase, construction, and improvement of works and facilities necessary in connection with the planning and development of the trail.
(10) To sell or lease property owned by it when such property is no longer needed for public purposes.
(11) To appoint agents or employees, prescribe their duties, and fix their compensation.
(12) To provide matching grants for the restoration or improvement of private properties located within the trail or trail area, when such restoration or improvement is determined by the commission to be consistent with the master plan for the development of the trail.
(13) To do all acts and perform things necessary or convenient to execute the powers granted to the commission by law.
Acts 2022, No. 336, §1.
Repealed by Acts 2011, No. 207, §5.
Repealed by Acts 2015, No. 401, §5.
Repealed by Acts 2015, No. 401, §5.
Repealed by Acts 2015, No. 401, §5.
Repealed by Acts 2015, No. 401, §5.
Repealed by Acts 2015, No. 401, §5.
Repealed by Acts 2015, No. 401, §5.
The legislature hereby recognizes that it is appropriate to establish a commission to preserve the culture of and promote tourism for the Leeville Fishing Village in Lafourche Parish.
Acts 2013, No. 128, §1.
A. The Leeville Fishing Village and Cultural Preservation Commission, referred to in this Chapter as the "commission", is hereby created as a political subdivision of the state of Louisiana as defined in Article VI, Section 44 of the Constitution of Louisiana.
B. The domicile of the commission shall be located in Lafourche Parish.
C. The purpose of the commission shall be to promote preservation of the culture of and tourism in Lafourche Parish, including the Leeville Fishing Village.
D. The commission shall include the following members:
(1) One member appointed by the councilman elected to represent the ninth council district of the Lafourche Parish Council.
(2) One member appointed by the Lafourche Parish president.
(3) One member appointed by the senator elected to represent Senate District No. 20.
(4) One member appointed by the representative elected to represent House District No. 54.
(5) One member appointed by the lieutenant governor.
E. Each member of the commission shall be a resident of or own property within Lafourche Parish.
F. Each member of the commission shall serve at the pleasure of the person appointing the member.
G. Members of the commission shall serve without compensation.
Acts 2013, No. 128, §1.
A. A majority of the members of the commission shall constitute a quorum for the transaction of official business. All official actions of the commission shall require the affirmative vote of a majority of the members present and voting.
B. The commission shall:
(1) Meet at least once each quarter at the call of the commission chairman.
(2) Adopt bylaws establishing policies and procedures for its governance, including but not limited to the following:
(a) The election and responsibilities of the officers of the commission, including a chairman and vice chairman.
(b) The appointment, duties, and functions of standing and special committees of the commission, including the appointment of noncommission members to such committees and their functions.
(c) The preparation of a budget and plan for sufficient funding.
(3) Establish and use an identifying seal pertaining to commission business.
C. The commission may:
(1) Individually, or in cooperation with any nonprofit corporation established to support the commission, seek and expend funds from any source, public or private, to support programs of the commission.
(2) Authorize reports and recommendations which include the issuance, publication, or distribution of general information documents or pamphlets, which are published on a regular basis and are generally known as newsletters.
(3) Acquire by purchase, lease as lessee, and hold and use any property, movable or immovable, corporeal or incorporeal, or any interest therein necessary or desirable for carrying out the purposes of this Chapter and sell, lease as lessor, transfer, and dispose of any such property acquired by it.
D. All public works contracted by the commission shall be subject to, and in accordance with, Chapter 10 of Title 38 of the Louisiana Revised Statutes of 1950.
Acts 2013, No. 128, §1.
The parish governing authority of Lafourche Parish and the commission, jointly or separately, may solicit, accept, use, and dispose of any private or public funds in the form of donations of money, grants, property, or personal services from individuals, corporations, and governments to achieve the purposes of this Chapter.
Acts 2013, No. 128, §1.
Funds appropriated by the legislature for operation of the Leeville Fishing Village and Cultural Preservation Commission shall be used solely for that purpose and in accordance with the budget plan developed by the commission.
Acts 2013, No. 128, §1.
The commission shall establish policies, rules, and regulations for the operation of the commission in accordance with the Administrative Procedure Act.
Acts 2013, No. 128, §1.
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