Louisiana 2010 Regular Session

Louisiana House Bill HB809 Latest Draft

Bill / Engrossed Version

                            HLS 10RS-1282	REENGROSSED
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Regular Session, 2010
HOUSE BILL NO. 809
BY REPRESENTATIVES TUCKER, ANDERS, ARNOLD, BALDONE, BARRAS,
BILLIOT, HENRY BURNS, CARMODY, CARTER, CHAMPAGNE, CHANEY,
CONNICK, CROMER, DOVE, DOWNS, FOIL, GISCLAIR, GUILLORY, GUINN,
HARDY, HARRISON, HOFFMANN, HOWARD, MICHAEL JACKSON, SAM
JONES, KATZ, KLECKLEY, LEGER, LIGI, LITTLE, LORUSSO, MONTOUCET,
NORTON, PONTI , POPE, RICHARD, RICHARDSON, RICHMOND,
ROBIDEAUX, GARY SMITH, PATRICIA SMITH, ST. GERMAIN, STIAES,
TEMPLET, THIBAUT, AND WHITE AND SENATOR WALSWORTH
HISTORIC COMMEMORATI ON:  Creates the La. Bicentennial Commission for the
purpose of commemorating the anniversary of Louisiana's attainment of statehood
AN ACT1
To enact Chapter 27 of Title 25 of the Louisiana Revised Statutes of 1950, to be comprised2
of R.S. 25:1231 through 1237, and R.S. 36:209(Q), to create the Louisiana3
Bicentennial Commission; to provide for membership on the commission and its4
operation; to provide relative to powers, duties, and activities of the commission; to5
provide relative to funds and property of the commission; to provide for termination6
of the commission; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. Chapter 27 of Title 25 of the Louisiana Revised Statutes of 1950,9
comprised of R.S. 25:1231 through 1237, is hereby enacted to read as follows:10
CHAPTER 27.  LOUISIANA BICENTENNIAL COMMISSION11
§1231.  Declaration of purpose12
A. The Legislature of Louisiana hereby recognizes that the year 2012 marks13
the two hundredth anniversary of Louisiana's attainment of statehood upon its14
admission by congress as the eighteenth state in the Union.15 HLS 10RS-1282	REENGROSSED
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B. The legislature further recognizes that, as the state approaches its1
bicentennial of statehood, it is appropriate to celebrate and commemorate this2
anniversary through local and statewide observances and activities planned,3
encouraged, coordinated, and conducted by a commission created for such purpose.4
§1232.  Louisiana Bicentennial Commission; creation; appointments of members;5
officers; meetings; domicile6
A. The Louisiana Bicentennial Commission, hereafter referred to as the7
"commission", is hereby created and established in the Department of Culture,8
Recreation and Tourism for the purpose of leading the state in its commemoration9
of attaining statehood.10
B.(1)  The commission shall consist of members appointed as follows:11
(a)  Three members appointed by the governor.12
(b)  Three members appointed by the lieutenant governor.13
(c)  Three members appointed by the president of the Senate.14
(d) Three members appointed by the speaker of the House of15
Representatives.16
(2) The twelve members of the commission shall be appointed in such a17
manner that at least one member shall be from each congressional district in the state18
of Louisiana as each such district exists on the effective date of this Paragraph.  In19
addition, the appointing authorities shall make such appointments in such manner as20
to assure that the commission membership shall reflect as nearly as possible a cross21
section of the race, gender, and economic status of the state's population.22
(3) Members shall serve at the pleasure of the appointing authority.  A23
vacancy in the membership of the commission shall be filled in the same manner as24
the original appointment.25
C. The members of the commission shall elect a chairman, vice chairman,26
and other officers and may employ such staff as they deem necessary for the efficient27
operation of the business of the commission.28 HLS 10RS-1282	REENGROSSED
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D.  The members of the commission shall serve without compensation, but1
they shall be reimbursed, on a vouchered basis, for actual expenses, including travel2
expenses, to the extent that funds are made available for such purpose; however, no3
public funds shall be expended by the commission unless specifically appropriated4
by the legislature for such purpose.5
E. The commission shall hold its initial meeting no later than October 1,6
2010, and thereafter shall meet at least monthly according to a schedule established7
by it. Special meetings shall be held on call of the chairman or of a quorum of the8
members of the commission.  For all regular or special meetings, the chairman or9
other members calling the meeting shall give at least seven days notice to the10
members of the commission of the time and place where the meeting will be held.11
A majority of the members of the commission shall constitute a quorum for the12
transaction of any and all business at any regular or special meeting.13
F. The commission shall be domiciled in Baton Rouge but may hold public14
meetings elsewhere in the state.15
§1233.  Powers and duties16
The commission shall:17
(1) Plan and develop activities appropriate to commemorate the bicentennial18
of Louisiana's statehood, including a limited number of projects to be undertaken19
by the state seeking to harmonize and balance the important goals of ceremony and20
celebration with the equally important goals of scholarship and education.21
(2) Encourage private organizations and local governments to organize and22
participate in bicentennial activities commemorating and examining the historic23
events associated with Louisiana's statehood.24
(3) Serve as a clearinghouse for collecting and disseminating information25
about bicentennial events and plans in the state.26
(4) Cooperate and coordinate with any similar commission created by the27
United States government or any other state in preparing to commemorate and28
celebrate this important historical event.29 HLS 10RS-1282	REENGROSSED
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(5) Encourage state agencies to develop bicentennial programs such as the1
creation of commemorative automobile license plates and public programs in state2
and local parks, museums, and libraries.3
(6) Seek cooperation, advice, and assistance from both private and4
governmental agencies and organizations, including local governments, learned5
societies, academic institutions, and historical, patriotic, philanthropic, civic, and6
professional groups and associations.7
(7) Adopt rules and regulations regarding the use of any logos, symbols, or8
marks originated under authority of and certified by the commission for use in9
connection with the state commemoration of the bicentennial, or any facsimile10
thereof.11
§1234.  Funding; donations and grants12
The commission may solicit, accept, use, and dispose of any private or public13
funds in the form of donations of money, grants, property, or personal services from14
individuals, corporations, and governments for such purposes, all in accordance with15
R.S. 36:810 and this Chapter. The office of management and finance of the16
Department of Culture, Recreation and Tourism may adopt any necessary rules or17
procedures for determining the value of donations to the commission.  The18
commission shall, by April 1, 2011, present to the Joint Legislative Committee on19
the Budget a master plan outlining the goals, objectives, and performance indicators20
of the commission for the duration of its existence, which shall include projected21
expenditures of the commission.22
§1235.  Annual report23
The commission shall submit an annual report to the lieutenant governor, the24
president of the Senate, and the speaker of the House of Representatives. Such25
report shall be submitted no later than sixty days prior to the beginning of the regular26
session of the legislature in 2011 and 2012. The reports shall include specific27
recommendations and plans for commemorating and coordinating the bicentennial28
and related activities.29 HLS 10RS-1282	REENGROSSED
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§1236.  Cooperation by other state entities1
All departments, commissions, boards, agencies, officers, and institutions of2
the state and all subdivisions thereof shall cooperate with the commission in carrying3
out the purposes of this Chapter.4
§1237.  Termination of commission5
The commission shall terminate on December 31, 2012.6
Section 2.  R.S. 36:209(Q) is hereby enacted to read as follows:7
§209. Transfer of boards, commissions, departments, and agencies to Department of8
Culture, Recreation and Tourism9
*          *          *10
Q. The Louisiana Bicentennial Commission (R.S. 25:1231-1237) shall be11
placed within the Department of Culture, Recreation and Tourism as provided for12
agencies transferred in accordance with R.S. 36:802.13
*          *          *14
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent.  [R.S. 1:13(B) and 24:177(E)]
Tucker	HB No. 809
Abstract: Creates the La. Bicentennial Commission within the Dept. of Culture,
Recreation, and Tourism for the purpose of commemorating the anniversary of La.'s
attainment of statehood.
Proposed law creates the La. Bicentennial Commission within the Dept. of Culture,
Recreation and Tourism (CRT).  Provides for 12 commission members appointed as follows:
three members appointed by the governor and three members appointed by the lt. governor;
three members appointed by the Senate president; and three members appointed by the
House speaker. Requires that members be appointed in such a manner that at least one
member represents each congressional district in the state as the districts exist on the
effective date of proposed law; also requires the appointing authorities to make appointments
in a manner which assures that the membership reflects as nearly as possible a cross section
of the race, gender, and economic status of the state's population.
Allows the commission to employ staff and provides that members shall serve without
compensation but be reimbursed for expenses subject to the availability of funds. Provides
that no public funds may be expended by the commission unless specifically appropriated
by the legislature. Requires that the commission hold its initial meeting not later than Oct.
1, 2010, and meet at least monthly thereafter.  Provides for commission to be domiciled in
Baton Rouge but authorizes it to hold public meetings elsewhere in the state. HLS 10RS-1282	REENGROSSED
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Provides that the commission shall:
(1)Plan and develop activities to commemorate La.'s bicentennial of statehood.
(2)Encourage private organizations and local governments to participate.
(3)Serve as a clearinghouse for information about bicentennial events and plans.
(4)Cooperate and coordinate with any similar commission throughout the U.S.
(5)Encourage state agencies to develop bicentennial programs.
(6)Seek cooperation from private and governmental agencies and organizations.
(7)Adopt rules and regulations regarding the use of any logos, symbols, or marks for
use in connection with the bicentennial commemoration.
Authorizes the commission to solicit, accept, use, and dispose of money and other property.
Provides that CRT may adopt rules or procedures for determining the value of donations.
Requires the commission, by April 1, 2011, to present the Joint Legislative Committee on
the Budget a master plan, including projected expenditures, and to submit an annual report
to the lieutenant governor and the presiding officers of the legislature at least 30 days prior
to the beginning of 2011 and 2012 R.S. Requires the cooperation of state agencies, officials,
and subdivisions in carrying out 	proposed law.
Places the commission in CRT pursuant to present law which grants policymaking and
rulemaking authority to the commission but which grants CRT certain personnel and fiscal
and budgetary authority.
Provides that the commission shall terminate on Dec. 31, 2012.
(Adds R.S. 25:1231-1237 and R.S. 36:209(Q))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Municipal, Parochial and
Cultural Affairs to the original bill.
1. Added requirement that members be appointed in such a manner that at least one
member represents each congressional district.
2. Remainder of amendments are technical.
House Floor Amendments to the engrossed bill.
1. Relative to board membership, added requirement that the appointing authorities
make appointments in a manner which assures that the membership reflects as
nearly as possible a cross section of the race, gender, and economic status of the
state's population.