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Regular Session, 2010
HOUSE BILL NO. 812
BY REPRESENTATIVE HENRY
LIEUTENANT GOVERNOR: Abolishes office of lieutenant governor and Dept. of
Culture, Recreation and Tourism and transfers powers, duties, and agencies to
executive branch departments
AN ACT1
To amend and reenact R.S. 18:23(A); R.S. 24:36(A), (C), and (E); R.S. 25:2(A), 341(D),2
(E), and (F), 342(A)(1), 343, 380.142(C) and (E), 380.143(B)(4), 572(A)(1)(d),3
845(B)(introductory paragraph) and (7) and (D), 850.1(D)(1)(b), 891(A)(2)(a), and4
1302(B); R.S. 30:2000.4(A)(5)(a) and (b); R.S. 33:4702(B)(2)(introductory5
paragraph) and 9039.123(B)(5)(e); R.S. 36:3(5), 101(B) and (C)(1) and (3),6
104(A)(7), 107(A), 478(C), 602(B) and (C)(1), 608(A), 742(5), 801.1(A), 802.3(A),7
802.8, 802.14, 802.17, 802.19, 802.22(A),(E)(1)(b), (c), and (d), and (F), 803(A)(1),8
851(A), 851.1, 901(A), 909, 910, 911, 912, 919.9, and 921(A); R.S. 38:2337; R.S.9
39:461(A); R.S. 42:393, 808(A)(6), and 1123(32); R.S. 43:31(A)(5) and (B)(2) and10
111(A)(7); R.S. 46:2751(B)(1)(a); R.S. 48:278(A), 1817(6), and 1820; R.S. 49:201.1,11
206, 968(B)(3), (4), (13), and (21)(a), 1053(C)(7), 1112(A)(introductory paragraph),12
(B)(2)(b) and (3)(k), and (D), 1115(A)(15) and 1212(A), (B)(8), (C), (E), and (K);13
R.S. 51:923(C), 924(A), 1256(B), (E), (F), and (G), 1257(E), 1258(B) and (C),14
1318(A), (B), (C), (E), (F), and (I), and 1319(A)(1); and R.S. 56:1741, 1781(B)(2),15
1845(C), 1846(A), 1849(B), and 1948.12(A)(1)(a) and (2); to enact R.S. 36:108(C),16
109(C) and (D), 605(B)(9) and (10), 609(D), 610(G) and (O), 741(D), 744(DD)17
through (TT), 747, 748, and 749; and to repeal R.S. 24:972(A)(2); R.S. 25:845(B)(6)18
and 1253(A)(1)(c); R.S. 33:4702(B)(2)(k); R.S. 36:4(A)(3) and (C), (N), (U), and19 HLS 10RS-384 ORIGINAL
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(X), Chapter 5 of Title 36 of the Louisiana Revised Statutes of 1950, comprised of1
R.S. 36:201 through 209; R.S. 39:1401(B)(2); R.S. 42:1113(D)(1)(a)(i)(dd),2
1124(A)(2)(b), and 1266(C)(1)(b); R.S. 46:123(A)(2)(a)(ii); and R.S.3
49:74(A)(5)(b)(i)(aa)(II), 191(4)(c), and 202.1, relative to the organization of the4
executive branch of state government; to abolish the office of lieutenant governor5
and to provide for the transfer of powers and functions of the lieutenant governor;6
to abolish the Department of Culture, Recreation and Tourism in the lieutenant7
governor's office and transfer its powers, duties, functions, responsibilities, and8
agencies; to abolish the offices of the department and to create successor offices in9
other departments; to provide for implementation; and to provide for related matters.10
Be it enacted by the Legislature of Louisiana:11
Section 1. R.S. 18:23(A) is hereby amended and reenacted to read as follows:12
§23. State Board of Election Supervisors13
A. The State Board of Election Supervisors is created and established in the14
Department of State as provided in R.S. 36:802. The board shall be composed of the15
following seven six persons:16
(1) The Lieutenant Governor.17
(2) (1) The secretary of state.18
(3) (2) The attorney general.19
(4) (3) The commissioner of elections or a designee of the secretary of state,20
as determined by the secretary of state. The secretary of state shall notify the board21
in writing of any such designation.22
(5) (4) One member of the Clerks of Court Association, who shall be elected23
by the membership thereof to serve a four year four-year term concurrent with that24
of the governor. A vacancy shall be filled in the same manner for the remainder of25
the unexpired term.26
(6) (5) One member of the Registrars of Voters Association, who shall be27
elected by the membership thereof to serve a four year four-year term concurrent28 HLS 10RS-384 ORIGINAL
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with that of the governor. A vacancy shall be filled in the same manner for the1
remainder of the unexpired term.2
(7)(6) One member, who shall be appointed by the governor from a list of3
nominees submitted by the presidents of Centenary College at Shreveport, Dillard4
University at New Orleans, Louisiana College at Pineville, Loyola University at New5
Orleans, Tulane University of Louisiana at New Orleans, and Xavier University at6
New Orleans, each of whom shall submit one nominee who shall not be an elected7
or appointed public official. The term of office of each appointed member shall be8
concurrent with the term of the governor making the appointment. Each9
appointment by the governor shall be submitted to the Senate for confirmation. A10
vacancy in the office of a member appointed by the governor shall be filled in the11
same manner as the original appointment and for the remainder of the unexpired12
term.13
* * *14
Section 2. R.S. 24:36(A), (C), and (E) are hereby amended and reenacted to read15
as follows:16
§36. Additional benefits payable to legislators; certain legislative personnel;17
governor; lieutenant governor; political subdivision service credit; credit for18
service previously rendered; additional contributions; computation of19
benefits payable; membership20
A. All persons who are or have been members of the Louisiana Legislature21
Legislature of Louisiana, or who are or have been the clerk or sergeant-at-arms22
sergeant at arms of the House of Representatives, or the secretary or sergeant-at-arms23
sergeant at arms of the Senate, or who are or have been the governor, or who are or24
have been the lieutenant governor, and who are members of any actuarially funded25
retirement system maintained by the state of Louisiana or any political subdivision26
thereof, shall receive an additional benefit equal to one percent times the number of27
years of service in the Louisiana state legislature, or as clerk or sergeant-at-arms28
sergeant at arms of the House of Representatives or as secretary or sergeant-at-arms29 HLS 10RS-384 ORIGINAL
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sergeant at arms of the Senate, or as an employee of the legislature, or as governor,1
or lieutenant governor, times the average salary as defined in the law covering the2
particular system of which each is a member. Years of service as clerk or sergeant-3
at-arms sergeant at arms of the House of Representatives, as secretary or sergeant-at-4
arms sergeant at arms of the Senate, or as an employee of the legislature, or as5
governor or lieutenant governor shall be computed in the same manner as years of6
service is computed for membership in the legislature.7
* * *8
C.(1)(a) Any member of any actuarially funded retirement system9
maintained by the state of Louisiana or any political subdivision thereof who has a10
total of at least sixteen years of creditable service as a member of the state legislature11
or as governor or as lieutenant governor or as state treasurer shall be entitled to retire12
under the provisions of the actuarially funded retirement system of which he is a13
member, without regard to the age he has attained at the time he makes application14
for retirement.15
(b) In addition, any such person who has a total of twenty years of creditable16
service, at least twelve years of which is as a member of the state legislature, or a17
clerk of the House of Representatives or sergeant-at-arms sergeant at arms of the18
House of Representatives, or as president or secretary of the Senate or sergeant-at-19
arms sergeant at arms of the Senate, or as governor, lieutenant governor, or state20
treasurer shall be entitled to retire under the provisions of the actuarially funded21
retirement system of which he is a member, if he has attained the age of fifty years22
or complies with the age limit provisions for retirement of the system from which he23
retires. Further, any such person who has a total of at least twelve years of creditable24
service as a member of the state legislature, or as governor, lieutenant governor, or25
state treasurer, at the time he withdraws from state service shall be entitled to retire26
under the provisions of the actuarially funded retirement system of which he is a27
member when he attains the age of fifty-five years, if such person has not previously28
received a refund of his accumulated contributions.29 HLS 10RS-384 ORIGINAL
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(c) A legislator or a governor, lieutenant governor, or state treasurer shall be1
entitled to obtain and to include all or a portion of any service rendered by him as an2
elected public official as listed in R.S. 18:551(B)(1)(c), (d), and (e) as creditable3
service as a member of the legislature, or as governor, lieutenant governor, or state4
treasurer, for the purpose of acquiring the required years of creditable service as a5
member of the legislature or as governor, lieutenant governor, or state treasurer.6
(d) If such credit has not been credited previously to the legislator, or to a7
governor lieutenant governor, or state treasurer in the system of which he is a8
member, that system shall allow such credit, upon application therefor, by the9
legislator, governor, lieutenant governor, or state treasurer, and upon his paying that10
system shall allow such credit, upon application therefor, by the legislator, governor,11
lieutenant governor, or state treasurer, and upon his paying into the system any12
employee and employer contributions computed by the system pursuant to R.S.13
11:158.14
(e) If no compensation was received for the service for which credit thus is15
sought, the legislator, governor, lieutenant governor, or state treasurer shall pay into16
the system as employee and employer contributions an amount which shall be17
computed on the basis of the amount of his per diem as a legislator for a number of18
days equal to the number of days for which he seeks credit, or on the basis of his19
salary as governor lieutenant governor, or state treasurer.20
(2)(a) Credit obtained for service rendered as an elected public official of21
this state shall count as creditable service as a member of the legislature or as22
governor lieutenant governor, or state treasurer for the purpose of acquiring the23
required years of creditable service as a member of the legislature, or as governor24
lieutenant governor, or state treasurer, provided at the time of retirement the member25
of the legislature, or governor lieutenant governor, or state treasurer has credit for at26
least seven years of actual service as a member of the legislature or as governor,27
lieutenant governor, or state treasurer.28 HLS 10RS-384 ORIGINAL
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(b) If a member of the legislature, or a governor lieutenant governor, or a1
state treasurer does not obtain credit for at least seven years of actual service as a2
legislator, or governor lieutenant governor, or state treasurer, any credit obtained for3
service as an elected public official as listed in R.S. 18:551(B)(1)(c), (d), and (e) by4
any such person shall only count as other creditable service.5
(c) If a member of the legislature, or a governor lieutenant governor, or state6
treasurer does obtain credit for at least seven years of actual service as a legislator,7
or as governor lieutenant governor, or state treasurer, then nothing herein shall limit8
the number of years that shall be counted as regular service for computing retirement9
benefits.10
(3) Any person retiring under the provisions of this Subsection shall receive11
a full retirement benefit, without reduction of any percentage which may be provided12
in the laws pertaining to the retirement system for retirement before the normal13
retirement age. For purposes of computing retirement benefits for those persons14
provided for in R.S. 24:36(A) Subsection A of this Section, "average compensation"15
shall be the average annual earned compensation of the member for any three years16
of service during which said earned compensation was the highest, including salary,17
per diem, and also the expense allowances provided by R.S. 24:31.1 and R.S. 24:31.218
and any other expense allowances provided for the clerk of the House of19
Representatives and the secretary of the Senate. The retirement benefits provided20
herein for any person covered by this provision shall not exceed the limitation21
provided in R.S. 42:575(B). Beginning with August 1, 1962, the benefits provided22
herein shall extend to members covered hereby who were employed in the state23
service on or after May 1, 1960, and to their survivors.24
* * *25
E.(1) Each person who is a member of the legislature and who is a member26
of an actuarially funded retirement system shall contribute to the system of which he27
is a member an additional four percent of all salary and expense allowance received28
subsequent to August 1, 1962.29 HLS 10RS-384 ORIGINAL
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(2) Any person who is clerk or sergeant-at-arms sergeant at arms of the1
House of Representatives or secretary or sergeant-at-arms sergeant at arms of the2
Senate and who is a member of an actuarially funded retirement system shall3
contribute to the system of which he is a member an additional two percent of all4
salary and expense allowance received.5
(3) Any person who is governor or lieutenant governor and who is a member6
of an actuarially funded retirement system shall contribute to the system of which he7
is a member an additional four percent of all salary received subsequent to March 13,8
1988.9
* * *10
Section 3. R.S. 25:2(A), 341(D), (E), and (F), 342(A)(1), 343, 380.142(C) and (E),11
380.143(B)(4), 572(A)(1)(d), 845(B)(introductory paragraph) and (7) and (D),12
850.1(D)(1)(b), 891(A)(2)(a), and 1302(B) are hereby amended and reenacted to read as13
follows:14
§2. Board of commissioners; appointment, terms, and qualification of members;15
removal of members16
A. There is created a board of commissioners of the State Library of17
Louisiana, to be composed of seven members appointed by the lieutenant governor18
secretary of state by and with the advice and consent of the Senate, commissioned19
with overlapping terms. Members of the board shall be appointed as herein provided20
for five-year terms, each member to serve until his successor is commissioned and21
qualified.22
* * *23
§341. Establishment and location; purpose; board of directors; appointment;24
compensation of members; terms; oaths25
* * *26
D. The Board of Directors of the Louisiana State Museum shall be composed27
of members as provided in this Subsection. The secretary of the Department of28
Culture, Recreation and Tourism state shall serve as a member of the board. Each29 HLS 10RS-384 ORIGINAL
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additional member of the board shall have a knowledge of and interest in art, history,1
and cultural restoration. Additional members of the board shall be appointed by the2
lieutenant governor secretary of state as follows:3
(1) Each of the following shall submit a list of four names, and the lieutenant4
governor secretary of state shall appoint one member from each list:5
(a) The Friends of the Cabildo.6
(b) The Louisiana Historical Society.7
(c) The Louisiana Historical Association.8
(d) The Foundation for Historical Louisiana, Inc.9
(e) The Wedell-Williams Memorial Foundation in Patterson.10
(f) The Louisiana Museum Foundation.11
(g) The Friends of the Edward Douglass White Historic Site.12
(h) The Louisiana Sports Hall of Fame Foundation.13
(i) The Louisiana Civil Rights Museum Advisory Board.14
(2) Eleven members shall be appointed from the state at large in such manner15
as to provide that membership on the board will reflect the ethnic and cultural16
diversity of the population of the state and encourage statewide representation on the17
board.18
(3)(a) Notwithstanding the provisions of Paragraph (1) of this Subsection,19
should any entity fail to make all or any of the nominations initially required in20
Paragraph (1) of this Subsection by August 1, 2008, or within thirty days of the21
swearing in of a new lieutenant governor secretary of state thereafter, the lieutenant22
governor secretary of state may make an appointment for that nominating entity's23
seat on the board from the state at large.24
(b) A nominee whose name is submitted by more than one entity25
concurrently shall automatically be disqualified from consideration so long as the26
nominee remains on multiple lists. The lieutenant governor secretary of state shall27
notify the offending nominating entities of the duplicate nominees in writing and28
each such nominating entity shall have fifteen days from receipt of such notice to29 HLS 10RS-384 ORIGINAL
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resubmit a list of names for consideration. Should an entity fail to submit an un-1
duplicated unduplicated list of four names timely, the lieutenant governor secretary2
of state may make the appointment for that nominating entity's seat on the board3
from the state at large.4
E. Each member appointed pursuant to Subsection D of this Section shall5
serve a term concurrent with that of the lieutenant governor secretary of state making6
the appointment. Each member shall serve until his successor is appointed and takes7
office. Each appointment by the lieutenant governor secretary of state shall be8
submitted to the Senate for confirmation.9
F.(1)(a) When a vacancy on the board occurs among the members appointed10
pursuant to the provisions of Paragraph (D)(1) of this Section, the entity that11
nominated the member shall submit to the lieutenant governor secretary of state a list12
of four nominees to fill the vacancy. The lieutenant governor secretary of state shall13
fill the vacancy by appointment from among the nominees and the appointment shall14
be for the remainder of the term.15
(b) In the event there is more than one position vacant on the board16
concurrently, a nominee whose name is submitted by more than one entity shall17
automatically be disqualified from consideration so long as the nominee remains on18
multiple lists. The lieutenant governor secretary of state shall notify the offending19
nominating entities of the duplicate nominees in writing and each such nominating20
entity shall have fifteen days from receipt of such notice to resubmit a list of names21
for consideration. Should an entity fail to submit an un-duplicated unduplicated list22
of four names timely, the lieutenant governor secretary of state may make the23
appointment for that nominating entity's seat on the board from the state at large.24
(2) Notwithstanding the provisions of Paragraph (1) of this Subsection,25
should any entity fail to make any or all nominations required by Paragraph (1) of26
this Subsection within thirty days after the vacancy occurs, the lieutenant governor27
secretary of state may make an appointment for that nominating entity's seat on the28
board from the state at large.29 HLS 10RS-384 ORIGINAL
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(3) When a vacancy occurs among the at-large members appointed pursuant1
to the provisions of Paragraph (D)(2) of this Section, then the lieutenant governor2
secretary of state shall appoint a person to fill the vacancy. The member appointed3
to fill a vacancy shall serve the remainder of the unexpired term.4
* * *5
§342. Domicile; powers and duties of the office of the state museum and the board;6
buildings and properties administered7
A.(1) The board of directors shall meet once each quarter, unless additional8
meetings are called by the lieutenant governor secretary of state, the secretary of the9
Department of Culture, Recreation and Tourism, the chairman of the board, or a10
quorum of the board.11
* * *12
§343. Museum director; appointment; powers and duties13
The lieutenant governor secretary of state shall appoint a professional director14
of the Louisiana State Museum who shall have at least ten years of experience in15
institutional administration and curatorship in a field related to the purposes and16
activities of the museum. The director shall serve as the assistant secretary of the17
office of the state museum. The director shall serve at the pleasure of the lieutenant18
governor secretary of state and receive such salary as fixed by the lieutenant19
governor secretary of state. The museum director shall serve as executive and20
administrative officer of the board and shall discharge all operational, maintenance,21
administrative, and executive functions of the board, subject to the control,22
jurisdiction, and supervision of the secretary of the department.23
* * *24
§380.142. Advisory board; creation; domicile; appointment and compensation of25
members26
* * *27
C. The board shall be comprised of twenty members. Nineteen members28
shall be appointed by the lieutenant governor secretary of state from the state of29 HLS 10RS-384 ORIGINAL
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Louisiana who have knowledge of and an interest in the preservation of political1
history and campaign artifacts of the state of Louisiana. The lieutenant governor2
secretary of state, or his designee, shall be an ex officio member of the board. The3
members appointed to the board shall be appointed from a list submitted to the4
lieutenant governor secretary of state by the Friends of the Louisiana Political5
Museum and Hall of Fame, and they shall serve terms concurrent with the appointing6
authority.7
* * *8
E. Each appointment made by the lieutenant governor secretary of state shall9
be subject to confirmation by the Senate.10
* * *11
§380.143. Duties and powers of the board12
* * *13
B. The board shall:14
* * *15
(4) Advise the lieutenant governor secretary of state on all matters relating16
to the operations of the Louisiana Political Museum and Hall of Fame.17
* * *18
§572. Commission; appointments of members; officers; meetings; domicile19
A.(1) The commission shall consist of twelve members, appointed as20
follows:21
* * *22
(d) One member employed by the office of tourism, Department of Culture,23
Recreation and Tourism Economic Development, appointed by the lieutenant24
governor secretary of the Department of Economic Development.25
* * *26 HLS 10RS-384 ORIGINAL
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§845. Louisiana Civil Rights Museum Advisory Board; creation; membership1
* * *2
B. The advisory board shall be initially composed of the following twenty-3
one members:4
* * *5
(7) Seven members, one from each of the state's congressional districts, shall6
also be appointed by the lieutenant governor secretary of state, subject to7
confirmation by the Louisiana Senate.8
* * *9
D. All subsequent members shall be appointed by the advisory board. The10
advisory board may, by majority vote, appoint a total of twenty-three members to the11
board. The board, by majority vote, may appoint two additional three members in12
addition to the initial appointment of twenty-one members as it deems necessary.13
* * *14
§850.1. St. Bernard Parish Arts, Culture, and Entertainment District15
* * *16
D. Governance. (1) The district shall be governed by a board of17
commissioners, referred to in this Section as the "board", consisting of eleven18
members appointed as follows:19
* * *20
(b) The lieutenant governor secretary of state shall appoint one member.21
* * *22
§891. Louisiana State Arts Council created; appointment of members;23
qualifications; terms; officers; domicile24
A.25
* * *26
(2) Twenty-two members of the council shall be appointed by the governor27
from persons nominated as follows:28 HLS 10RS-384 ORIGINAL
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(a) Three members shall be appointed from a list of names submitted by the1
lieutenant governor secretary of state.2
* * *3
§1302. Hurricane Katrina Memorial Commission; creation; appointments of4
members; terms; officers; meetings; domicile5
* * *6
B. The commission shall consist of sixteen fifteen members appointed as7
follows to serve at the pleasure of the appointing authority:8
(1) Four members appointed by the governor.9
(2) One member appointed by the lieutenant governor.10
(3) (2) One member appointed by the president of the New Orleans City11
Council.12
(4) (3) One member appointed by the mayor of the city of New Orleans.13
(5) (4) One member appointed by the Jefferson Parish Council.14
(6) (5) One member appointed by the St. Bernard Parish Council.15
(7) (6) One member appointed by the Plaquemines Parish Council.16
(8) (7) Three members appointed by the president of the Senate.17
(9) (8) Three members appointed by the speaker of the House of18
Representatives.19
* * *20
Section 4. R.S. 30:2000.4(A)(5)(a) and (b) are hereby amended and reenacted to read21
as follows;22
§2000.4. Powers and duties23
A. The secretary, in consultation with the board as desired, shall:24
* * *25
(5) Enter into partnerships, memoranda of understanding, and cooperative26
endeavors with state agencies and departments to implement the Basin master plan27
or annual Basin plan, including:28 HLS 10RS-384 ORIGINAL
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(a) Department of Wildlife and Fisheries: to operate and maintain wildlife1
management areas created by the Atchafalaya Basin Floodway System, Louisiana2
Project, to operate and maintain state parks funded by the Atchafalaya Basin3
Floodway System, Louisiana Project, and to plan and monitor projects to improve4
water quality and fish and wildlife production.5
(b) Department of Culture, Recreation and Tourism Economic Development:6
to operate and maintain tourist information centers and state parks funded by the7
Atchafalaya Basin Floodway System, Louisiana Project.8
* * *9
Section 5. R.S. 33:4702(B)(2)(introductory paragraph) and 9039.123(B)(5)(e) are10
hereby amended and reenacted to read as follows:11
§4702. Board of commissioners; appointment and term; organization12
* * *13
B.14
* * *15
(2) The board shall be composed of fifteen fourteen members who shall be16
appointed as follows:17
* * *18
§9039.123. Powers and functions of the district19
* * *20
B. The district, through the board, shall:21
* * *22
(5) Serve as an informational clearinghouse and provide technical assistance23
to individuals and entities engaged in film and television production by:24
* * *25
(e) Working with the office of the lieutenant governor, the Department of26
Economic Development, and other state, local, and parish agencies in assisting film27
and television producers with obtaining necessary permits.28
* * *29 HLS 10RS-384 ORIGINAL
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Section 6. R.S. 36:3(5), 101(B) and (C)(1) and (3), 104(A)(7), 107(A), 478(C),1
602(B) and (C)(1), 608(A), 742(5), 801.1(A), 802.3(A), 802.8, 802.14, 802.17, 802.19,2
802.22(A),(E)(1)(b), (c), and (d), and (F), 803(A)(1), 851(A), 851.1, 901(A), 909, 910, 911,3
912, 919.9, and 921(A) are hereby amended and reenacted and R.S. 36:108(C), 109(C) and4
(D), 605(B)(9) and (10), 609(D), 610(G) and (O), 741(D), 744(DD) through (TT), 747, 748,5
and 749 are hereby enacted to read as follows:6
§3. Definitions 7
For the purposes of this Title the following terms shall have the following8
meanings unless the context clearly indicates otherwise:9
* * *10
(5) "Office" means each principal operational unit within a department,11
except the executive office of the secretary. It shall not include the office of the12
governor and the office of lieutenant governor.13
* * *14
§101. Department of Economic Development; creation; domicile; composition;15
purposes and functions 16
* * *17
B. The Department of Economic Development, through its offices and18
officers, shall be responsible for fostering the growth of industry and other19
commercial enterprises in Louisiana that will contribute to the overall improvement20
of the economy of the state. The department shall promote the advantages of21
Louisiana to out-of-state business and industry, facilitate the expansion of existing22
enterprises, and coordinate with other state agencies and units of local government23
plans and programs aimed at developing optimum conditions for new and expanding24
industrial and commercial enterprises in Louisiana. The department shall be25
responsible for statewide development and implementation of tourism programs.26
C.(1) The Department of Economic Development shall be composed of the27
executive office of the secretary, the office of management and finance, the office28 HLS 10RS-384 ORIGINAL
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of business development, the office of tourism, and such other offices as shall be1
created by law.2
* * *3
(3)(a) However, the department shall be prohibited from employing,4
appointing, or assigning any of the following persons to positions within the5
department for a period of two years following the termination of their public service6
as any of the following:7
(i) An elected official who was serving in such capacity as of March 26,8
2001.9
(ii) An appointee or employee of the executive branch of state government10
who was subject to Senate confirmation and who was appointed or employed as of11
March 26, 2001. However ; however, officers and employees of the Department of12
Economic Development and the Louisiana Music Commission, and the office of film13
and video within the Department of Culture, Recreation and Tourism shall be14
exempted from this Subparagraph.15
(iii) An officer, appointee, or employee of the office of the governor as of16
March 26, 2001.17
(b) The department shall also be prohibited from contracting with any of the18
persons described in Subparagraph (a) of this Paragraph for a period of two years19
following the termination of their public service in the capacities described in20
Subparagraph (a) of this Paragraph.21
* * *22
§104. Powers and duties of the secretary of economic development23
A. In addition to the functions, powers, and duties otherwise vested in the24
secretary by law, he shall:25
* * *26
(7) Make and publish an annual report to the governor and the legislature27
concerning the operations of the department and submit with each report such28
recommendations as he deems necessary for the more effective internal structure and29 HLS 10RS-384 ORIGINAL
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administration of the department, and make other reports and recommendations on1
his own initiative or upon request of the governor, the legislature, or any committee2
or member thereof. He may authorize the printing of those materials which assist in3
the promotion of the cultural, natural, historic, and recreational resources and4
programs of the state.5
* * *6
§107. Assistant secretaries7
A. Each office within the Department of Economic Development, except the8
office of management and finance and the office of entertainment industry9
development, shall be under the immediate supervision and direction of an assistant10
secretary. The assistant secretary of each such office shall be appointed by the11
governor with the consent of the Senate. Each shall serve at the pleasure of the12
governor and shall be paid a salary which shall be fixed by the governor, which13
salary shall not exceed the amount approved for such position by the legislature14
while in session. The assistant secretary of the office of tourism shall be appointed15
by the governor from a list of nominees selected by the Louisiana Tourism16
Development Commission, as provided by law.17
* * *18
§108. Offices; purposes and functions19
* * *20
C. The office of tourism shall develop and implement a program to promote21
the historical, cultural, recreational, and scenic legacy of the state, and all activities22
of the state related to such legacy, based on a master plan, shall be responsible for23
performing the functions of the state relating to promotion and advertisement of the24
historical, cultural, recreational, and commercial sites, events, and assets of the state,25
shall encourage and promote tourism and the tourist industry for the benefit of the26
people of this and other states and as a developing economic resource, and shall27
cooperate with local tourist promotion and convention agencies, all in accordance28
with applicable laws.29 HLS 10RS-384 ORIGINAL
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§109. Transfer of boards, commissions, departments, and agencies to Department1
of Economic Development2
* * *3
C. The Louisiana Tourism Development Commission (R.S. 51:1256 through4
1257, and 1271 through 1276) is hereby transferred to and shall hereafter be within5
the Department of Economic Development as provided in R.S. 36:912.6
D. The Louisiana Naval War Memorial Commission (R.S. 25:1000 through7
1002) is transferred to and hereafter shall be within the Department of State, as8
provided in R.S. 36:801.1.9
* * *10
§478. Transfer of agencies and functions to Department of Social Services11
* * *12
C. The following agencies, as defined in R.S. 36:3, are transferred to and13
hereafter shall be Louisiana Council on the Social Status of Black Men and Boys14
(R.S. 49:1211 et seq.) is placed within the Department of Social Services and shall15
exercise its powers, duties, and functions as provided in Part III of Chapter 22 of this16
Title.17
* * *18
§602. Department of Wildlife and Fisheries; creation; domicile; composition;19
purposes and functions 20
* * *21
B.(1)(a) The Department of Wildlife and Fisheries through its offices and22
officers, shall control and supervise all wildlife of the state, including fish and all23
other aquatic life, and shall execute the laws enacted for the control and supervision24
of programs relating to the management, protection, conservation, and replenishment25
of wildlife, fish, and aquatic life in the state, and the regulation of the shipping of26
wildlife, fish, furs, and skins. 27
(b) The department shall also be responsible for the conservation and28
management of all renewable resources on all wildlife management areas, wildlife29 HLS 10RS-384 ORIGINAL
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refuges, scenic rivers, and wildlife preserves that it may own or lease. The1
department shall also exercise such powers and perform such functions as required2
with regard to all other duties delegated by law. 3
(c) Leasing of nonrenewable state owned state-owned resources will be4
carried out on such wildlife management areas, refuges, preserves and scenic rivers5
only with the concurrence of the department and only after appropriate rules and6
regulations have been adopted to minimize damages to fish and wildlife habitat.7
(2) The Department of Wildlife and Fisheries also shall be responsible for8
planning, developing, and implementing improved opportunities for the enjoyment9
of recreational activities by the people of Louisiana and for greater development of10
their physical potential. The department shall be responsible for the development,11
maintenance, and operation of park and recreation facilities, including historical sites12
placed under control of the office of state parks, the statewide development and13
implementation of recreational programs, and planning for the leisure needs of the14
people.15
C.(1) The Department of Wildlife and Fisheries shall be composed of the16
executive office of the secretary, the office of management and finance, the office17
of wildlife, the office of fisheries, the office of state parks, and such other offices as18
shall be created by law. 19
* * *20
§605. Powers and duties of the secretary of wildlife and fisheries21
* * *22
B. The secretary shall have authority to:23
* * *24
(9) Except as otherwise specifically provided in R.S. 56:1687(6), sell, lease,25
or sublease state park lands only after receiving approval for such sale, lease, or26
sublease by the Legislature of Louisiana and only after publishing an advertisement27
in the official journal of the parish or parishes in which such land is located setting28
forth a description of the lands to be sold, leased, or subleased; the time when bids29 HLS 10RS-384 ORIGINAL
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therefor will be received; and a short summary of the terms, conditions, and purpose1
of said sale, lease, or sublease to be executed. The advertisement required by this2
Section shall be published once a week for three different weeks in a newspaper in3
the locality, the first advertisement to appear at least fifteen days before the opening4
of bids; however, when the advertisement is published in a daily newspaper in the5
locality, the advertisement shall be published three times within ten days, the first6
advertisement to appear at least ten days before the opening of bids.7
(10) Exchange lands when it is necessary to do so in order to obtain other8
lands of value to the office of state parks; however, lands which have been9
incorporated as a part of an established state park shall be exchanged only after10
receiving approval for such exchange by the Legislature of Louisiana and after the11
advertisement provisions of Paragraph (9) of this Subsection have been complied12
with.13
* * *14
§608. Assistant secretaries 15
A. Each office within the Department of Wildlife and Fisheries, except the16
office of management and finance, shall be under the immediate supervision and17
direction of an assistant secretary. The assistant secretary of each such office shall18
be appointed by the governor with consent of the Senate. Each shall serve at the19
pleasure of the governor and shall be paid a salary which shall be fixed by the20
governor, which salary shall not exceed the amount approved for such position by21
the legislature while in session. The assistant secretary of the office of state parks22
shall be a recognized professional with a bachelor of science or bachelor of arts or23
master's degree in parks and recreation, landscape architecture, the biological24
sciences, or a related discipline, or at least four years experience in parks and25
recreation administration.26
* * *27 HLS 10RS-384 ORIGINAL
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§609. Offices; purposes and functions1
* * *2
D. The office of state parks shall plan, design, construct, operate, and3
maintain a system of parks, natural areas, and recreational facilities and shall4
perform the functions of the state relating to outdoor recreation development and5
trails, all in accordance with applicable laws.6
§610. Transfer of agencies and functions to Department of Wildlife and Fisheries7
* * *8
G. State Parks and Recreation Commission (R.S. 56:1681 through 1696;9
1731 through 1732; 1741; 1801 through 1808) is transferred to the Department of10
Wildlife and Fisheries and shall exercise and perform its powers, duties, functions,11
and responsibilities in accordance with the provisions of Part III of Chapter 22 of12
this Title.13
* * *14
O. The New Orleans City Park Improvement Association and its board of15
commissioners (Act No. 130 of 1896; Act No. 104 of 1934; Act No. 492 of 1958;16
Act No. 405 of 1962; Act No. 865 of 1982; Act No. 569 of 1989; Act No. 13 of 199817
First Extraordinary Session of the Legislature) is transferred to the Department of18
Wildlife and Fisheries and shall exercise and perform its powers, duties, functions,19
and responsibilities as provided for agencies transferred in accordance with the20
provisions of R.S. 36:802.22.21
* * *22
§741. Department of State; creation; domicile; purposes and functions 23
* * *24
D. The Department of State also shall be responsible for planning,25
developing, and implementing improved opportunities for the enjoyment of cultural26
activities by the people of Louisiana and for greater development of their cultural27
potential. The department shall be responsible for the development, maintenance,28 HLS 10RS-384 ORIGINAL
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and operation of library, museum, and other cultural facilities and for statewide1
development and implementation of cultural programs.2
§742. Powers and duties of secretary of state 3
In addition to the functions, powers, and duties otherwise vested in the4
secretary of state by law, he shall: 5
* * *6
(5) Make reports and recommendations on his own initiative or upon the7
request of the legislature, or any committee or member thereof. He may authorize8
the printing of those materials which assist in the promotion of the cultural and9
historic resources and programs of the state.10
* * *11
§744. Transfer of boards, commissions, and agencies to the Department of State12
* * *13
DD. The following agencies, as defined by R.S. 36:3, are transferred to and14
hereafter shall be within the Department of State, as provided in Part II of Chapter15
22 of this Title:16
(1) The Wedell-Williams Memorial Aviation Museum (R.S. 25:871 through17
874)18
(2) Confederate Memorial Hall (1921 Louisiana Constitution, Art. 18,19
Section 4, made statutory by 1974 Louisiana Constitution, Art. 14, Section 16)20
(3) The Louisiana Cypress Sawmill Museum (R.S. 25:831 et seq.)21
(4) The Louisiana Civil Rights Museum (R.S. 25:841 et seq.)22
EE. The following agencies, as defined in R.S. 36:3, are transferred to and23
hereafter shall be within the Department of State, as provided in Part III of Chapter24
22 of this Title:25
(1) Louisiana Archaeological Survey and Antiquities Commission (R.S.26
41:1601 through 1613)27
(2) The Louisiana National Register Review Committee (R.S. 25:90128
through 902)29 HLS 10RS-384 ORIGINAL
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(3) The Council of 100 (Executive Order 78-10)1
(4) The Louisiana Folklife Commission (R.S. 25:821 through 825)2
(5) The Atchafalaya Trace Heritage Area Development Zone Review Board3
(R.S. 25:1226 through 1226.6)4
FF. The State Board of Library Examiners (R.S. 25:222 through 223) is5
hereby transferred to and hereafter shall be within the Department of State, as6
provided in R.S. 36:803.7
GG. The Board of Directors of the Louisiana State Museum, previously the8
Board of Managers of the Louisiana State Museum (R.S. 25:341 et seq.) is9
transferred to and hereafter shall be within the Department of State as provided in10
R.S. 36:909.11
HH. The Board of Commissioners of the State Library of Louisiana (R.S.12
25:2 through 4; R.S. 25:8 through 9) is transferred to and hereafter shall be within13
the Department of State, as provided in R.S. 36:910.14
II. The Louisiana State Arts Council (R.S. 36:891 et seq.) is transferred to15
and hereafter shall be within the Department of State, as provided in R.S. 36:911.16
JJ. The following agencies, as defined by R.S. 36:3, are hereby abolished and17
their powers, duties, functions, and responsibilities are transferred to the secretary18
of the Department of State and hereafter shall be exercised and performed as19
provided in Part IV of Chapter 22 of this Title:20
(1) State Art, Historical and Cultural Preservation Agency (R.S.21
25:801(A)(B) and 802 through 812)22
(2) State Library of Louisiana (R.S. 25:1; 5 through 7; 10 through 17;22223
through 223; 451 through 455; 631 through 636)24
(3) Toledo Bend Forest Scenic Drive Commission (R.S. 48:1401 through25
1406)26
(4) Louisiana Art Commission (R.S. 25:301 through 306)27
(5) Edward Douglas White Memorial Commission (Act 16 of 1960)28 HLS 10RS-384 ORIGINAL
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(6) Louisiana Historical Preservation and Cultural Commission (R.S. 25:5211
through 527)2
(7) Old Arsenal Museum Commission (R.S. 25:551 through 553)3
(8) Orleans Parish Landmarks Commission (R.S. 25:381 through 382)4
(9) Board of Managers of the Louisiana Military History and State Weapons5
Museum (R.S. 25:851 through 856)6
KK. The following agencies, as defined in R.S. 36:3, are transferred to and7
hereafter shall be within the Department of State, as provided in R.S. 36:801.1:8
(1) The Kenner Naval Museum Commission (R.S. 25:1005 through 1005.3)9
(2) The Council for the Development of French in Louisiana (R.S. 25:65110
through 653)11
(3) The West Florida Republic Commission (R.S. 25:571 through 576) 12
LL. The Atchafalaya Trace Commission, as more specifically provided in13
R.S. 25:1221 through 1225, shall be placed within the Department of State as14
provided for agencies transferred in accordance with R.S. 36:802.3.15
MM. The Mississippi River Road Commission (R.S. 25:1251 through 1255)16
is placed within the Department of State and shall exercise and perform its powers,17
functions, duties, and responsibilities as provided in R.S. 36:802.17.18
NN. The Edward Douglass White Historic Site (R.S. 25:380.10 et seq.) is19
placed within the office of the state museum of the Department of State as provided20
in R.S. 36:801.8 and R.S. 25:380.10 et seq.21
OO. The following museums shall be placed within the office of the state22
museum of the Department of State and shall exercise their powers, duties, functions,23
and responsibilities as provided in R.S. 36:851.1.24
(1) The Natchitoches Parish Old Courthouse Museum (R.S. 25:342(B)(3)(h)).25
(2) The Louisiana Political Museum and Hall of Fame (R.S. 25:342(B)(3)(c),26
352).27
(3) The Louisiana Forestry Museum (R.S. 25:342(B)(3)(d), 352).28
(4) The Louisiana Sports Hall of Fame (R.S. 25:342(B)(3)(e), 353).29 HLS 10RS-384 ORIGINAL
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(5) The Winn Parish Museum (R.S. 25:342(B)(3)(f), 352).1
PP. The Louisiana Byways Commission (R.S. 56:1948.11 through 1948.13)2
is placed within the Department of State and shall exercise and perform its powers,3
duties, functions, and responsibilities as provided for agencies transferred in4
accordance with R.S. 36:802.19.5
QQ. The advisory board of the Louisiana Political Museum and Hall of6
Fame (R.S. 25:380.141 et seq.) is placed within the Department of State and shall7
exercise and perform its functions, duties, and responsibilities as provided in R.S.8
36:914.9
RR. The Louisiana Civil Rights Museum Advisory Board (R.S. 25:841 et10
seq.) is placed within the office of the state museum of the Department of State as11
provided in R.S. 36:919.9 and R.S. 25:841 et seq.12
SS. The Louisiana Serve Commission (R.S. 49:1111 through 1122) is13
transferred to and hereafter shall be within the Department of State and shall perform14
and exercise its powers, duties, functions, and responsibilities as provided in R.S.15
36:802.14(A).16
TT. The Encore Louisiana Commission (R.S. 51:1317 through 1319) is17
transferred to and hereafter shall be within the Department of State and shall perform18
and exercise its powers, duties, functions, and responsibilities as provided in R.S.19
36:802.14(B).20
* * *21
§747. Office of the state library; deputy secretary22
A. There shall be within the Department of State an office of the state23
library. The office shall perform the duties and functions of the state library in24
accordance with applicable law. The state librarian shall be responsible for25
establishing a system of depositories for state public documents and for the deposit26
and distribution of state public documents to the depositories, as provided in R.S.27
25:121 through 124.1.28 HLS 10RS-384 ORIGINAL
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B. The state librarian shall serve as the deputy secretary for the office of the1
state library. The state librarian shall be selected and serve as otherwise provided by2
law. Such appointment shall be with consent of the Senate. The deputy secretary3
shall serve at a salary fixed by the secretary, which salary shall not exceed the4
amount approved for such position by the legislature. The deputy secretary shall be5
directly responsible to and shall perform his functions under the immediate6
supervision and control of the secretary.7
C. The deputy secretary shall direct and be responsible for the functions and8
management of the office of the state library. In such capacity he shall be9
responsible for budgeting, procurement, management and program analysis, and data10
processing, and such additional duties and functions as are assigned by the secretary.11
D. The deputy secretary shall employ, appoint, remove, assign, and promote12
such personnel as is necessary for the efficient administration of the office and its13
programs and the performance of its powers, duties, functions, and responsibilities14
in accordance with applicable civil service law and all budgetary control and15
applicable laws.16
§748. Office of the state museum; deputy secretary 17
A. There shall be within the Department of State an office of the state18
museum. The office shall perform the duties and functions of the state museum in19
accordance with applicable law. The office of the state museum shall administer,20
manage, operate, and maintain the Louisiana State Museum, including all buildings,21
collections, and exhibitions of the Louisiana State Museum complex in New Orleans22
and other museums which may be established under the jurisdiction of the museum,23
except that the board of directors of the Louisiana State Museum shall continue to24
exercise its powers, duties, and functions with respect to accessions and deaccessions25
of museum properties and collections, and the members thereof shall continue to26
serve as trustees for the William Irby Trust.27
B. The director of the Louisiana State Museum shall serve as the deputy28
secretary for the office of the state museum. The director of the Louisiana State29 HLS 10RS-384 ORIGINAL
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Museum shall be appointed by the secretary with consent of the Senate. The deputy1
secretary shall serve at a salary fixed by the secretary, which salary shall not exceed2
the amount approved for such position by the legislature. The deputy secretary shall3
be directly responsible to and shall perform his functions under the immediate4
supervision and control of the secretary.5
C. The deputy secretary shall direct and be responsible for the functions and6
management of the office of the state museum. In such capacity he shall be7
responsible for budgeting, procurement, management and program analysis, and data8
processing, and such additional duties and functions as are assigned by the secretary.9
D. The deputy secretary shall employ, appoint, remove, assign, and promote10
such personnel as is necessary for the efficient administration of the office and its11
programs and the performance of its powers, duties, functions, and responsibilities12
in accordance with applicable civil service law and all budgetary control and13
applicable laws.14
§749. Office of cultural development; deputy secretary15
A. There shall be within the Department of State an office of cultural16
development. The office of cultural development shall perform the functions of the17
state relating to the arts, historical and archaeological preservation, crafts,18
humanities, cultural heritages and traditions, and related cultural programs and19
activities assigned to it by law or by the secretary. The office shall administer the20
provisions of law relating to the State Capitol Historic District. In addition, the21
office shall perform the functions of the state relating to planning and development22
of all museums and cultural collections placed under the control of the office, except23
state historic sites of the office of state parks of the Department of Wildlife and24
Fisheries and the Louisiana State Museum. The office shall be comprised of three25
divisions: the division of the arts as created by R.S. 25:891 et seq., the division of26
historic preservation as created by R.S. 25:911 et seq., and the division of27
archaeology as created by R.S. 41:1601 et seq.28 HLS 10RS-384 ORIGINAL
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B. The deputy secretary of the office of cultural development shall be1
appointed by the secretary with the consent of the Senate and shall serve at the2
pleasure of the secretary. The deputy secretary shall serve at a salary fixed by the3
secretary, which salary shall not exceed the amount approved for such position by4
the legislature. The deputy secretary shall be directly responsible to and shall5
perform his functions under the immediate supervision and control of the secretary.6
C. The deputy secretary shall direct and be responsible for the functions and7
management of the office of cultural development. In such capacity he shall be8
responsible for budgeting, procurement, management and program analysis, and data9
processing, and such additional duties and functions as are assigned by the secretary.10
D. The deputy secretary shall employ, appoint, remove, assign, and promote11
such personnel as is necessary for the efficient administration of the office and its12
programs and the performance of its powers, duties, functions, and responsibilities13
in accordance with applicable civil service law and all budgetary control and14
applicable laws.15
* * *16
§801.1. Transfer; retention of all functions17
A. The agencies transferred by the provisions of R.S. 36:4(D), 4.1(C) and18
(G), 53(H), 209(R), 259(J), 409(N), 509(O), 651(D), 725(A), 744(KK), and 769(J)19
shall continue to be comprised and selected as provided by law.20
* * *21
§802.3. Transfer; certain appointing authority retained22
A. The agencies transferred by the provisions of R.S. 36: 209(M) and 629(C)23
and 744(LL) shall be transferred as provided in R.S. 36:802, except that each of the24
agencies so transferred shall continue to appoint its own director and assistant25
director or personnel to fill comparable positions as authorized by law.26
* * *27 HLS 10RS-384 ORIGINAL
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§802.8. Transfer; certain appointive authority retained 1
The agency transferred by the provisions of R.S. 36:209(R) R.S.2
36:744(KK)(2) shall be transferred as provided in R.S. 36:802, except that the3
agency shall continue to appoint and employ the director of the division of black4
culture in the office of cultural development, who shall also serve as the executive5
director of the agency. 6
* * *7
§802.14. Transfer; Louisiana Serve Commission; Encore Louisiana Commission8
A. The commission placed within the office of the lieutenant governor9
Department of State by the provisions of R.S. 36:4(N) R.S. 36:744(SS) shall be10
transferred as provided in R.S. 36:802, except that the commission shall be11
authorized to employ, fix the compensation of, remove, and assign duties to the12
executive director of the commission and shall be authorized to employ, appoint, fix13
the compensation of, remove, assign, and promote such personnel as are necessary14
for the commission to perform its powers, duties, responsibilities, and functions in15
accordance with civil service laws, rules, and regulations.16
B. The term "secretary of the department" as used in R.S. 36:802 shall mean17
the lieutenant governor and the term "undersecretary of the department" as used in18
R.S. 36:802 shall mean the undersecretary of the Department of Culture, Recreation19
and Tourism for the purposes of this Section.20
B. The commission placed within the Department of State by the provisions21
of R.S. 36:744(TT) shall be transferred as provided in R.S. 36:802, except that the22
commission shall be authorized to employ, fix the compensation of, remove, and23
assign duties to the executive director of the commission.24
* * *25
§802.17. Transfer; Mississippi River Road Commission; certain appointing power26
The Mississippi River Road Commission placed within the Department of27
Culture, Recreation and Tourism State, as provided in R.S. 36:209(S) R.S.28
36:744(MM), shall exercise and perform its powers, duties, functions, and29 HLS 10RS-384 ORIGINAL
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responsibilities in the manner provided for agencies transferred as provided in R.S.1
36:802, except that the commission shall appoint its own director if such position is2
authorized for the commission and also may appoint one of such other employees as3
may be required to carry out the duties and functions of the commission.4
* * *5
§802.19. Transfer; Louisiana Byways Commission; certain appointing authority6
The Louisiana Byways Commission, placed within the Department of7
Culture, Recreation and Tourism State by R.S. 36:209(X) R.S. 36:744(PP), shall8
exercise and perform its powers, duties, functions, and responsibilities as provided9
in R.S. 36:802, except the commission may appoint the Louisiana Byways Program10
coordinator and one additional employee as provided in R.S. 56:1948.12(D).11
* * *12
§802.22. Transfer; New Orleans City Park Improvement Association and its board13
of commissioners14
A. The New Orleans City Park Improvement Association and its board of15
commissioners, transferred by the provisions of R.S. 36:209(O), are transferred to16
and placed within the Department of Culture, Recreation and Tourism Wildlife and17
Fisheries and shall exercise and perform their powers, duties, functions, and18
responsibilities as provided for agencies transferred as provided in R.S. 36:802,19
except as provided in this Section.20
* * *21
E.(1)22
* * *23
(b) New Orleans City Park and the New Orleans City Park Improvement24
Association shall prepare and make available a plan providing specific goals and25
objectives for the use of any state general funds, including measures of performance26
and a proposed comprehensive budget for the appropriated funding. Any27
appropriated state general funds will become available to New Orleans City Park and28
the New Orleans City Park Improvement Association upon approval of the plan by29 HLS 10RS-384 ORIGINAL
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the secretary of the Department of Culture, Recreation and Tourism Wildlife and1
Fisheries.2
(c) New Orleans City Park and the New Orleans City Park Improvement3
Association and its board of commissioners shall submit to the Department of4
Culture, Recreation and Tourism Wildlife and Fisheries a comprehensive report of5
receipts and expenditures at least quarterly in such form as the department may6
require and shall provide the department with any other information it may request.7
(d) Except as otherwise provided in this Subparagraph, New Orleans City8
Park, the New Orleans City Park Improvement Association, and its board of9
commissioners shall be solely responsible for responding to audit findings10
concerning the park, the association, or its board of commissioners and shall be11
solely responsible for taking corrective action and implementing corrective measures12
necessary to respond to such audit findings. The Department of Culture, Recreation13
and Tourism Wildlife and Fisheries shall be solely responsible for responding only14
to those audit findings concerning the park, the association, or its board of15
commissioners that relate to functions and responsibilities that the department16
carries out on behalf of the park, the association, or its board of commissioners, and17
the department shall be solely responsible for taking corrective action and18
implementing corrective measures necessary to respond only to those audit findings.19
For purposes of this Subparagraph, "audit findings" shall mean audit findings made20
by an entity that performs audits of state agencies or for submission to a state21
agency.22
* * *23
F. In accordance with the provisions of Section 3(B) of Act No. 130 of the24
1896 Regular Session of the Legislature, as amended by Act No. 865 of the 198225
Regular Session of the Legislature, the New Orleans City Park Improvement26
Association, its board of directors, and its general manager and the Department of27
Culture, Recreation and Tourism Wildlife and Fisheries and its officers shall have28
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residential purposes, including but not limited to temporary residential purposes,1
except for park employees and except for organized functions held in conjunction2
with recognized holidays and functions.3
* * *4
§803. Transfer; licensing agencies5
A.(1) Each of the agencies transferred by the provisions of R.S. 36:4.1(D),6
R.S. 36:209(D), R.S. 36:259(E), R.S. 36:309(D), R.S. 36:409(D), R.S. 36:478(I), and7
R.S. 36:509(C), and 744(FF), all of which are charged by law with the responsibility8
for the regulation, examination, certification and/or licensing of persons in this state,9
and the enforcement of the laws relating thereto, shall continue to be composed and10
selected as provided by law, and each shall continue to exercise all of the powers,11
duties, functions, and responsibilities provided or authorized for each by the12
constitution or laws which are in the nature of policymaking, rulemaking,13
certification, licensing, regulation, enforcement, or adjudication and also shall14
continue to exercise all advisory powers, duties, functions, and responsibilities15
provided by law.16
* * *17
§851. Transfer; merger and consolidation of functions18
A. The powers, duties, functions, responsibilities, programs, and operations19
as vested by the constitution and laws of this state, of each of the agencies transferred20
by the provisions of R.S. 36:209(B), R.S. 36:209(I), R.S. 36:259(C), R.S. 36:409(D)21
and (O), R.S. 36:478(J), and R.S. 36:610(D), and 744(DD), upon and after the date22
of each such transfer shall be exercised by and be under the administration and23
control of the secretary of the department to which each is transferred, except for24
those functions of each which are required to be performed and administered by the25
undersecretary of each department, as heretofore provided for each by this Title.26
* * *27 HLS 10RS-384 ORIGINAL
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§851.1. Transfer; Museums of Local Interest and the Louisiana Sports Hall of Fame1
The museums placed within the Department of Culture, Recreation and2
Tourism State by the provisions of R.S. 36:209(W) R.S. 36:744(OO) shall be placed3
within the office of the state museum as provided in this Part except that the Friends4
of the Museums of Local Interest and the Friends of the Louisiana Sports Hall of5
Fame shall have all powers and duties otherwise provided by law.6
* * *7
§901. Transfer; merger and consolidation of functions; advisory agency8
A. The functions, powers, duties, responsibilities, programs, and operations9
of each of the agencies transferred by the provisions of R.S. 36:109(D), R.S.10
36:209(C), R.S. 36:209(M)(2), R.S. 36:259(D), R.S. 36:309(C), R.S. 36:359(C), R.S.11
36:409(E), R.S. 36:509(E) and (N), R.S. 36:559(D), R.S. 36:629(Q), R.S. 36:651(G),12
and R.S. 36:744(D) and (EE) on the date of each such transfer shall vest in and13
thereafter be the responsibility of the secretary of the department to which the14
transfer is made and shall be administered by the secretary in accordance with the15
powers vested in him by this Title and the applicable laws pertaining to each agency,16
except for those functions of each which are required to be performed and17
administered by the undersecretary of the department as heretofore provided for each18
by this Title. Each agency thus transferred shall continue in existence, the members19
thereof shall continue in office and hereafter shall be selected in the manner provided20
by law for each, and each agency hereafter shall serve solely in an advisory capacity21
to the secretary with respect to policies concerning matters within the purview of22
each as originally created.23
* * *24
§909. Transfer; Board of Directors of Louisiana State Museum25
The Board of Directors of the Louisiana State Museum, transferred by the26
provisions of R.S. 36:209(E) 744(GG), shall be transferred as provided in this Part,27
except that it shall continue to exercise those powers, duties, and functions with28
respect to accessions, deaccessions, loans, and conservation of the buildings,29 HLS 10RS-384 ORIGINAL
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collections, and exhibitions of the Louisiana State Museum which it is authorized by1
law to exercise, all in accordance with professional museum practices as established2
by the American Association of Museums, except as otherwise provided by law; and3
the members of the board shall continue to serve as trustees for the William Irby4
Trust.5
§910. Transfer; board of commissioners of the State Library of Louisiana 6
The board of commissioners of the State Library of Louisiana, transferred by7
the provisions of R.S. 36:209(F) 744(HH), shall be transferred as provided in this8
Part, except that it shall continue to select the state librarian in accordance with law.9
§911. Transfer; Louisiana State Arts Council 10
The Louisiana State Arts Council, transferred by the provisions of R.S.11
36:209(G) 744(II), shall be transferred as provided in this Part, except that it shall12
have authority to approve or disapprove the awarding of grants pursuant to13
applications submitted to the department for funding from funds made available from14
the National Endowment for the Arts and such other funds as are made available to15
the council. The council shall further have the authority necessary to administer the16
juried Louisiana native crafts program, including the authority to appoint a crafts17
panel and to approve the use, and disallow the continued use, of the logo assuring the18
quality of a Louisiana craftsperson's craft, as further provided in R.S. 25:897 through19
900. 20
§912. Transfer; Louisiana Tourism Development Commission 21
The Louisiana Tourism Development Commission, transferred by provisions22
of R.S. 36:209(P) R.S. 36:109(C), shall be transferred as provided in this Part, except23
that it shall continue to exercise those powers, duties, and functions with respect to24
financial assistance to eligible tourist promotion agencies; it shall nominate25
applicants for the position of assistant secretary of the office of tourism for the26
governor's consideration for appointment; it shall review and advise on the selection27 HLS 10RS-384 ORIGINAL
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of promotions and advertising contracts; and it shall make recommendations to and1
approve the annual plan for tourism marketing, all as provided by law.2
* * *3
§919.9. Transfer; Louisiana Civil Rights Museum Advisory Board4
The Louisiana Civil Rights Museum Advisory Board is placed in the5
Department of Culture, Recreation and Tourism State within the office of the state6
museum by the provisions of R.S. 36:744(RR) and shall exercise and perform its7
powers, duties, functions, and responsibilities as provided for agencies transferred8
as provided in this Part and in accordance with accepted standards of museum9
operations and practices as established by the American Association of Museums.10
* * *11
§921. Transfer, merger, and consolidation of functions12
A. The powers, duties, functions, responsibilities, programs, and operations13
as vested by the constitution and laws of the state, of each of the agencies abolished14
by the provisions of R.S. 36:4.1(E), R.S. 36:109(G), R.S. 36:209(H), R.S. 36:259(F),15
R.S. 36:259(G), R.S. 36:309(F), R.S. 36:359(G), R.S. 36:409(F), R.S. 36:459(C),16
R.S. 36:509(F), R.S. 36:559(D), R.S. 36:559(F), R.S. 36:610(C), R.S. 36:651(H),17
R.S. 36:651(K), R.S. 36:744(E) and (JJ), and R.S. 36:769(E), upon and after the date18
of each such abolition shall be exercised and performed by and be under the19
administration and control of the secretary of the department to which such powers,20
duties, functions, and responsibilities are transferred. The secretary shall assign21
those functions of each which are required to be performed and administered by the22
undersecretary of each department, as heretofore provided for each department by23
this Title, to the undersecretary.24
* * *25
Section 7. R.S. 38:2337 is hereby amended and reenacted to read as follows:26
§2337. Chapter as complete authority; audits and reports; construction of Chapter27
This Chapter shall be full, complete, and independent authority for the28
performance of all acts herein authorized, and no other statute or legislative act shall29 HLS 10RS-384 ORIGINAL
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be construed to be applicable to the carrying out of the powers herein granted unless1
herein expressly so made applicable. No publication of any notice or proceeding2
shall be necessary except as expressly herein provided, nor shall any proceedings3
adopted by the board of commissioners hereunder be subject to referendum nor to4
any election requirement. A complete book of accounts shall be kept by the5
Authority. Within 90 ninety days after the close of each fiscal year, the account6
books and records of the Authority and of the depository of the Authority shall be7
audited by the state auditor or his legal successor in such manner as to enable him8
to report to the legislature as to the manner and purpose of the expenditure of all9
funds of the Authority, and report thereon shall be submitted at the first regular10
meeting of the board of commissioners thereafter. Two copies of such report shall11
be filed in the office of the Authority, one shall be filed with the governor, one shall12
be filed with the lieutenant governor president of the Senate, and one shall be filed13
with the speaker of the House of Representatives. All of such copies shall be open14
to public inspection. This Chapter being intended to carry out a function of the state15
to protect the health and welfare of the inhabitants of the portion of the state to be16
affected hereby shall be liberally construed by the courts to effect its purposes. 17
Section 8. R.S. 39:461(A) is hereby amended and reenacted to read as follows:18
§461. Interim Emergency Board; creation; officers; quorum; domicile; notification19
of meeting; public records; per diem20
A. The Interim Emergency Board is created. It is composed of the governor,21
lieutenant governor, secretary of state, state treasurer, the presiding officer of each22
house of the legislature, the chairman of the Committee on Finance of the Senate,23
and the Chairman of the Committee on Appropriations of the House of24
Representatives, or their designees.25
* * *26 HLS 10RS-384 ORIGINAL
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Section 9. R.S. 42:393, 808(A)(6), and 1123(32) are hereby amended and reenacted1
to read as follows:2
§393. Designation of deputy; exceptions 3
A. When a leave of absence is granted a public officer under the provisions4
of R.S. 42:392, the officer shall name and designate as his deputy, a person5
possessing all the qualifications required for the office, and that person shall6
discharge all the duties and functions of the office during the absence of the officer.7
B. The provisions of this Section shall not apply to: 8
(1) Members of the legislature.9
(2) Appointive officers.10
(3) Judges of any of the courts.11
(4) The governor.12
(5) The lieutenant governor.13
(6) (5) Any officer authorized by the constitution or any other law of the state14
to appoint an assistant, who in the absence of his chief has the authority to perform15
all the acts and duties of the office.16
* * *17
§808. Eligibility in group programs18
A. For the purposes of participating in life, health, or other programs19
sponsored by the Office of Group Benefits, an employee is defined as:20
* * *21
(6) Notwithstanding any provision of this Chapter to the contrary, any22
employee of the New Orleans City Park Improvement Association, which is within23
the Department of Culture, Recreation and Tourism Wildlife and Fisheries pursuant24
to the provisions of R.S. 36:209(O) R.S. 36:609(O), who is a participant in a25
program or programs administered by the Office of Group Benefits and who is26
transferred to a non-profit nonprofit corporation recognized as a 501(c)(3) entity27
under the Internal Revenue Code of 1954, as amended, which transfer is made28
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nonprofit corporation to provide certain maintenance, administration, and operating1
functions on behalf of the New Orleans City Park Improvement Association.2
* * *3
§1123. Exceptions4
This Part shall not preclude:5
* * *6
(32) Any person who has a contract for advertising services with the7
Department of Culture, Recreation and Tourism State from entering into contracts8
with any other person who engages in any transaction with the Department of9
Culture, Recreation and Tourism State.10
* * *11
Section 10. R.S. 43:31(A)(5) and (B)(2) and 111(A)(7) are hereby amended and12
reenacted to read as follows:13
§31. Printed matter prohibitions; uniform standards; election material14
A.15
* * *16
(5) The Department of Culture, Recreation and Tourism is State and the17
Department of Economic Development are not prohibited from printing, or causing18
to be printed, any new promotional materials that enhance the development and19
implementation of cultural, recreational, and tourism programs when funds have20
been appropriated for that purpose.21
* * *22
B.23
* * *24
(2) The provisions of this Subsection shall not apply to printed matter used25
by the following entities: the Department of Economic Development for the purpose26
of attracting new industry to locate within the state of Louisiana; the Department of27
Culture, Recreation and Tourism Department of State and the Department of28 HLS 10RS-384 ORIGINAL
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Wildlife and Fisheries, relative to new promotional materials; and public colleges1
and universities, and vocational-technical schools.2
* * *3
§111. Advertising; when prohibited and when authorized4
A. The state, or any department, officer, board, or commission shall not5
expend any public funds for advertising in any newspaper, book, pamphlet,6
periodical, or radio and television stations except as follows:7
* * *8
(7) Advertising by the following executive office of the secretary, the office9
of cultural development, the office of the state library, the office of state museums,10
and the office of state parks in the Department of Culture, Recreation and Tourism11
for the statewide development and implementation of cultural, recreational, and12
tourism programs when funds have been appropriated to the respective department13
for that purpose:14
(a) The office of the secretary of state, the office of cultural development, the15
office of the state library, or the office of the state museum of the Department of16
State.17
(b)The office of state parks of the Department of Wildlife and Fisheries.18
* * *19
Section 11. R.S. 46:2751(B)(1)(a) is hereby amended and reenacted to read as20
follows:21
§2751. Juvenile Justice Reform Act Implementation Commission; creation;22
composition; duties23
* * *24
B.(1) The commission shall be composed as follows:25
(a) The lieutenant governor or his designee.26
* * *27 HLS 10RS-384 ORIGINAL
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Section 12. R.S. 48:278(A), 1817(6), and 1820 are hereby amended and reenacted1
to read as follows:2
§278. Tourism signs; request by lieutenant governor3
A. When the Department of Transportation and Development has been requested4
to erect any signs, markers, or any other type of informational signage related to the5
functions of the Department of Culture, Recreation and Tourism State, the Department6
of Economic Development, office of tourism, or the Department of Wildlife and7
Fisheries, office of state parks and such signs have not been erected within a reasonable8
time period, the lieutenant governor governor shall contact the secretary of the9
Department of Transportation and Development, in writing, requesting the erection of the10
signs within thirty days of receipt of such request.11
* * *12
§1817. Powers and duties of the board of commissioners13
The district, through the board of commissioners, shall have all the rights, powers,14
privileges, and immunities granted to political subdivisions, including but not limited to15
the following:16
* * *17
(6) To develop and implement a plan for the preservation, beautification, and18
promotion of the scenic drive and the natural, historic, and cultural sites and attractions19
of the route with the assistance of the Department of Transportation and Development,20
the Department of Culture, Recreation and Tourism State, the Department of Economic21
Development, office of tourism, and the Department of Wildlife and Fisheries.22
* * *23
§1820. Advice and services of state departments24
State departments and agencies, particularly the Department of Transportation and25
Development, the Department of Culture, Recreation and Tourism State, the Department26
of Economic Development, office of tourism, and the Department of Wildlife and27
Fisheries, are authorized to provide such advice and services to the board of28 HLS 10RS-384 ORIGINAL
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commissioners as will, in the opinion of the respective department secretary or agency1
head, tend to achieve the objectives of this Chapter.2
Section 13. R.S. 49:201.1, 206, 968(B)(3), (4), (13), and (21)(a), 1053(C)(7),3
1112(A)(introductory paragraph), (B)(2)(b) and (3)(k), and (D), 1115(A)(15) and 1212(A),4
(B)(8), (C), (E), and (K) are hereby amended and reenacted to read as follows:5
§201.1. Salary of acting governor 6
The lieutenant governor secretary of state or any other authorized official, while7
discharging the duties of the governor, shall receive a salary equal to that of the governor.8
* * *9
§206. Temporary absence of governor and lieutenant governor; order of those who shall10
act as governor 11
When both the governor and the lieutenant governor are is temporarily absent12
from the state at the same time and neither can cannot be contacted as a result of the13
existence of an emergency situation, the official whose title appears first in the following14
list and who is present in the state shall act as governor to maintain the necessary15
continuity of state government: 16
(1) The elected secretary of state.17
(2) The elected attorney general.18
(3) The elected treasurer.19
(4) The presiding officer of the Senate; and. 20
(5) The presiding officer of the House of Representatives. 21
* * *22
§968. Review of agency rules; fees23
* * *24
B. Prior to the adoption, amendment, or repeal of any rule or the adoption,25
increasing, or decreasing of any fee, the agency shall submit a report relative to such26
proposed rule change or fee adoption, increase, or decrease to the appropriate standing27
committees of the legislature and the presiding officers of the respective houses as28
provided in this Section. The report shall be so submitted on the same day the notice of29 HLS 10RS-384 ORIGINAL
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the intended action is submitted to the Louisiana Register for publication in accordance1
with R.S. 49:953(A)(1). The report shall be submitted to each standing committee at the2
committee's office in the state capitol by certified mail with return receipt requested or3
by messenger who shall provide a receipt for signature. The return receipt or the4
messenger's receipt shall be proof of receipt of the report by the committee.5
* * *6
(3) The Department of Culture, Recreation and Tourism and all of the agencies7
made a part of it, except as otherwise provided in this Paragraph, shall submit the report8
to the House Committee on Municipal, Parochial and Cultural Affairs and the Senate9
Committee on Commerce, Consumer Protection, and International Affairs.10
(a) The office of the state library, the office of the state museum, the State Board11
of Library Examiners, the Louisiana Archaeological Survey and Antiquities Commission,12
the Board of Directors of the Louisiana State Museum, the Board of Commissioners of13
the State Library of Louisiana, the Louisiana State Arts Council, the Louisiana State14
Capitol Fiftieth Anniversary Commission, and the Louisiana National Register Review15
Committee shall submit the report to the House Committee on Municipal, Parochial and16
Cultural Affairs and the Senate Committee on Education.17
(b) The office of state parks and the State Parks and Recreation Commission shall18
submit the report to the House Committee on Municipal, Parochial and Cultural Affairs19
and the Senate Committee on Natural Resources.20
(c) The office of tourism and promotion, the Louisiana Tourist Development21
Commission, and the Mississippi River Road Commission shall submit the report to the22
House Committee on Commerce and the Senate Committee on Commerce, Consumer23
Protection, and International Affairs.24
(4) The Except as otherwise provided in this Section, the Department of State and25
all of the agencies made a part of it shall submit a report to the House Committee on26
House and Governmental Affairs and the Senate Committee on Senate and Governmental27
Affairs.28
* * *29 HLS 10RS-384 ORIGINAL
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(13) The Except as otherwise provided in this Section, the Department of Wildlife1
and Fisheries and all of the agencies made a part of it shall submit the report to the House2
Committee on Natural Resources and Environment and the Senate Committee on Natural3
Resources.4
* * *5
(21)(a) Except as provided in Paragraph (1) of this Subsection, the office of the6
governor and the office of the lieutenant governor and all of the agencies within or part7
of either the office of the governor and any other agency for which provisions are not8
otherwise made in this Subsection, shall submit the report to the speaker of the House of9
Representatives and the president of the Senate, except that executive orders duly issued10
by the governor and attested to by the secretary of state are exempt from the provisions11
of this Chapter. The speaker of the House of Representatives and the president of the12
Senate shall promptly forward the report to the appropriate standing committee of their13
respective houses.14
* * *15
§1053. Louisiana Geographic Information Systems Council; creation; membership;16
quorum; domicile17
* * *18
C. The council shall be composed of the following members:19
* * *20
(7) A representative of the Department of Culture, Recreation and Tourism State,21
appointed by the secretary of state.22
* * *23
§1112. Commission established; purposes; membership; officers24
A. The Louisiana Serve Commission, hereinafter referred to in this Chapter as25
"commission", is hereby established in the executive branch of state government in the26
office of the lieutenant governor Department of State. The commission is hereby declared27
to be a body corporate and public, exercising public and essential governmental functions.28 HLS 10RS-384 ORIGINAL
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The domicile of the commission shall be in the city of Baton Rouge. The purpose of the1
commission shall be to:2
* * *3
B.4
* * *5
(2)6
* * *7
(b) Successor members of the commission shall be appointed by the governor,8
in collaboration with the lieutenant governor secretary of state, on a bipartisan basis for9
three-year terms, subject to confirmation by the Senate.10
* * *11
(3) The commission shall include:12
* * *13
(k) The lieutenant governor secretary of state as an ex officio nonvoting member.14
* * *15
D. A vacancy among the members shall be filled by the governor, in collaboration16
with the lieutenant governor secretary of state, to serve the remainder of the term, subject17
to confirmation by the Senate.18
* * *19
§1115. Commission duties and responsibilities20
A. The commission shall:21
* * *22
(15) Provide the governor, lieutenant governor, the secretary of state, and the23
legislature with an annual report which describes its activities during the previous year.24
These reports shall be due by December thirty-first for the previous program year.25
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§1212. Louisiana Council on the Social Status of Black Men and Boys; creation;1
domicile; membership2
A. The Louisiana Council on the Social Status of Black Men and Boys,3
hereinafter referred to in this Chapter as the "council", is hereby established in the4
executive branch of state government in the office of the lieutenant governor Department5
of Social Services. The council is hereby declared to be a body corporate and public,6
exercising public and essential governmental functions. The domicile of the council shall7
be in the city of Baton Rouge.8
B. The council shall be comprised of nineteen members as provided in this9
Subsection and Subsection C of this Section:10
* * *11
(8) The lieutenant governor or his designee.12
* * *13
C. The lieutenant governor shall appoint five members as provided for in this14
Subsection. The presidents of Southern University, Grambling State University, Dillard15
University, Xavier University, and Louisiana State University and Agricultural and16
Mechanical College shall each submit to the lieutenant governor a list of three nominees.17
The lieutenant governor shall appoint one member from the list of nominees submitted18
by the president of each academic institution.19
* * *20
E. The lieutenant governor shall appoint the chairman of the council, and the21
council shall annually elect a vice chairman from among its members.22
* * *23
K. The lieutenant governor Department of Social Services shall provide staff and24
administrative support to the council.25 HLS 10RS-384 ORIGINAL
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Section 14. R.S. 51:923(C), 924(A), 1256(B), (E), (F), and (G), 1257(E), 1258(B) and1
(C), 1318(A), (B), (C), (E), (F), and (I), and 1319(A)(1) are hereby amended and reenacted to2
read as follows:3
§923. Department of Economic Development; Board of Commerce and Industry;4
membership5
* * *6
C. In addition, the governor or his designee, the lieutenant governor secretary of7
state or his designee, and the secretary of the Department of Economic Development or8
his designee shall be ex officio members of the board with full right to participate in and9
vote on all matters.10
§924. Method of appointment of board members; term of office; vacancies11
A. The governor shall appoint the members of the board. Each appointment by12
the governor shall be submitted to the Senate for confirmation. The members, other than13
the governor and lieutenant governor, shall serve for terms of four years which shall be14
concurrent with the term of the governor making the appointments. The governor and15
lieutenant governor shall serve during the his term of office of each. The ex officio16
members shall serve while they serve in their respective offices. Each member shall17
continue to serve until his successor is appointed and takes office.18
* * *19
§1256. Creation of the Louisiana Tourism Development Commission; domicile;20
composition; membership; confirmation; terms; vacancy21
* * *22
B. The commission shall be composed of twenty-one members.23
(1) Ex officio members shall be as follows:24
(a) The lieutenant governor or his designee.25
(b) The secretary of state or his designee.26
(2) The following organizations shall each submit a list of four names to the27
lieutenant governor, from which the lieutenant governor shall appoint one individual from28
each organization for membership on the commission:29 HLS 10RS-384 ORIGINAL
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are additions.
(a) The Louisiana Association of Fairs and Festivals.1
(b) The Louisiana Campground Owners Association.2
(c) The Louisiana Association of Convention and Visitor Bureaus.3
(d) The Louisiana Preservation Alliance, Inc.4
(e) The Louisiana Association of Museums.5
(f) The Louisiana Bed and Breakfast Association.6
(g) The Louisiana Travel Promotion Association.7
(h) The Louisiana Attractions Association.8
(i) The Louisiana Business League.9
(3) The following organizations shall each submit a list of eight names to the10
lieutenant governor, from which the lieutenant governor shall appoint two individuals11
from each organization for membership on the commission:12
(a) Louisiana Restaurant Association.13
(b) Louisiana Hotel-Motel Association.14
(4) Six at-large members shall be appointed directly by the l ieutenant governor.15
* * *16
E. The lieutenant governor shall appoint at least one member from each of the17
state's congressional districts from among those nominated by the nominator groups. The18
lieutenant governor shall appoint the members no later than sixty days from the date he19
takes office.20
F. Each appointment by the lieutenant governor shall be submitted to the Senate21
for confirmation.22
G. Each appointed member shall serve at the pleasure of the lieutenant governor23
and shall continue to serve until his successor is appointed.24
* * *25
§1257. Commission duties and responsibilities; meetings26
* * *27
E. The lieutenant governor shall designate one member of the commission to28
serve as chairman. The commission shall elect a vice chairman and such other officers29 HLS 10RS-384 ORIGINAL
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as deemed necessary. The chairman is authorized to call meetings of the commission1
when necessary and shall call a meeting when requested to do so in writing by at least2
eight members of the commission. A majority of the members of the commission shall3
constitute a quorum for the transaction of all business and the execution of the duties of4
the commission.5
§1258. Assistant secretary; qualifications; selection; duties and responsibilities6
* * *7
B. The assistant secretary is appointed by and serves at the pleasure of the8
lieutenant governor and is administratively responsible to the secretary of the department.9
The assistant secretary shall be confirmed by the Senate.10
C. When there exists a vacancy in this position, the commission shall, according11
to its bylaws and procedures, develop a list of at least three but not more than five eligible12
nominees from which the lieutenant governor shall appoint the assistant secretary. If the13
lieutenant governor fails to find an acceptable nominee from the list, he shall notify the14
commission in writing within thirty days and shall specify his reasons for rejecting the15
slate. If such a rejection occurs, the commission shall develop another list of qualified16
nominees.17
* * *18
§1318. Creation of the Encore Louisiana Commission; domicile; composition;19
membership; officers; staff; expenses; terms; quorum20
A. The Encore Louisiana Commission, hereinafter referred to as the21
"commission", is hereby created as an agency of the state in the office of the lieutenant22
governor Department of State. The commission shall be a body politic and corporate23
entity with the power to sue and be sued. The commission shall be domiciled in Baton24
Rouge.25
B. The commission shall be composed of the following eleven ten members who26
shall be residents of the state:27
(1) The governor or his designee.28
(2) The lieutenant governor or his designee.29 HLS 10RS-384 ORIGINAL
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(3) (2) The secretary of the Department of Culture, Recreation and Tourism state1
or his designee.2
(4) (3) The secretary of the Department of Economic Development or his3
designee.4
(5) (4) As provided in Subsection C of this Section, one member from each of the5
following five state tourism marketing regions: Sportsman's Paradise, Crossroads, Cajun6
Country, Plantation Country, and Greater New Orleans.7
(6) (5) The president of the Senate or his designee.8
(7) (6) The speaker of the House of Representatives or his designee.9
C. The lieutenant governor secretary of state shall appoint one member from each10
of the five state tourism marketing regions. Each appointment by the lieutenant governor11
secretary of state shall be submitted to the Senate for confirmation.12
* * *13
E. The lieutenant governor secretary of state or his designee may serve as14
chairman of the commission or may designate one of its members as chairman.15
F. The lieutenant governor secretary of state shall employ an executive director16
and other staff, as may be required, and fix and pay their compensation from funds17
available to the commission.18
* * *19
I. Each appointed member shall serve a term concurrent with that of the lieutenant20
governor secretary of state making the appointment. A vacancy shall be filled in the21
manner of the original appointment within sixty days. Any members appointed to fill a22
vacancy in an unexpired term shall be appointed only for the remainder of such term.23
Any member of the commission appointed for a definite term may serve after the24
expiration of his term until his successor has taken office.25
* * *26 HLS 10RS-384 ORIGINAL
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§1319. Commission responsibilities and duties1
A. The commission shall have the following responsibilities:2
(1) Formulate, jointly with the office of the lieutenant governor Department of3
State, a strategic plan, or any modifications thereto, for attraction and retention of persons4
fifty years old and above.5
* * *6
Section 15. R.S. 56:1741, 1781(B)(2), 1845(C), 1846(A), 1849(B), and 1948.12(A)(1)(a)7
and (2) are hereby amended and reenacted to read as follows:8
§1741. Authority 9
The secretary of the Department of Culture, Recreation and Tourism, the secretary10
of the Department of Wildlife and Fisheries and the governing authority of each political11
subdivision of the state of Louisiana are hereby authorized to cooperate and jointly12
participate in projects with the United States Army Corps of Engineers and any other13
federal agency for the purpose of the development of outdoor recreation and fish and14
wildlife enhancement as authorized by the Federal Water Project Recreation Act, Public15
Law 89-72, 1965; provided, that the authority granted herein also shall extend to the16
development and maintenance of projects for the development of outdoor recreation and17
fish and wildlife enhancement, or any part thereof, which may be executed by the18
participating state agency or political subdivision through a third-party concessionaire19
agreement. The authority herein granted shall be exercised in any individual project only20
after the approval of the project by the governor. 21
* * *22
§1781. Preservation of abandoned railroad transportation property 23
* * *24
B.25
* * *26
(2) In making this determination, the secretary shall receive written commitments27
from the office of culture, recreation and tourism in the lieutenant governor's office28
Department of Wildlife and Fisheries, office of state parks, that they have it has the means29 HLS 10RS-384 ORIGINAL
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and ability to implement and administer the "Rails to Trails" program in the event a1
determination is made to preserve the abandoned railroad right of way right-of-way as a2
corridor for future transportation uses in this state. 3
* * *4
§1845. Nomination, recommendation, designation, and declassification of natural and5
scenic rivers; legislative funding 6
* * *7
C. Prior to any such recommendation each river nominated for inclusion in or8
declassification from the system shall be evaluated by the administrator in consultation9
with the division of administration, the Department of Environmental Quality, and the10
Louisiana Department of Culture, Recreation and Tourism Department of State, and the11
office of tourism of the Department of Economic Development and with the advice of12
other agencies that the administrator determines may have an interest in the evaluation.13
The recommendation shall be in the form of a written report, shall include the evaluation,14
and shall be part of the record of the decision regarding the proposed recommendation.15
The report shall include an evaluation of the criteria provided for in this Section and other16
such matters specified by the administrator. The administrator shall give the evaluation17
substantial weight in making the recommendation. The administrator shall file the report18
with the natural resources committees of the legislature and provide copies to the division19
of administration, the Department of Environmental Quality, the Department of Culture,20
Recreation and Tourism Department of State, and the office of tourism of the Department21
of Economic Development, and the governing authorities of those parishes through which22
the river flows.23
* * *24
§1846. Management plan 25
A. Within one year from the date a river is finally designated as a natural and26
scenic river, the administrator shall adopt and commence implementation of a27
management plan for that river which shall conform to the purposes and requirements of28
this Part. The plan shall be developed by the administrator in consultation with the29 HLS 10RS-384 ORIGINAL
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division of administration, the Department of Environmental Quality, and the Louisiana1
Department of Culture, Recreation and Tourism the Department of State, and the office2
of tourism of the Department of Economic Development and with the advice of other3
agencies that the administrator determines may have an interest in the plan. The plan4
shall be in the form of a written document. The administrator shall provide copies of the5
plan to the division of administration, the Department of Culture, Recreation and Tourism6
State, the office of tourism of the Department of Economic Development, the Department7
of Environmental Quality, and the governing authorities of those parishes through which8
the river flows.9
* * *10
§1849. Evaluation and permitting 11
* * *12
B.(1) Prior to any final decision on an application for a permit for those activities13
that have the potential for significant ecological degradation, a written evaluation of the14
application may be prepared by the administrator in consultation with the division of15
administration, the Department of Environmental Quality, and the Louisiana Department16
of Culture, Recreation and Tourism State, and the office of tourism of the Department of17
Economic Development, and with the advice of other agencies that the administrator18
determines may have an interest in the permit.19
(2) The final decision on an application shall be in the form of a written report,20
shall include any required evaluation, and shall be part of the record of the decision. The21
report shall include an evaluation of the criteria provided for in this Section. The22
administrator shall give any required evaluation substantial weight in making the final23
decision. The administrator shall provide copies of the report with the division of24
administration, the Department of Environmental Quality, and the Department of Culture,25
Recreation and Tourism State, and the office of tourism of the Department of Economic26
Development.27
* * *28 HLS 10RS-384 ORIGINAL
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§1948.12. Board of commissioners1
A.(1) The commission shall be a board of nine members as follows:2
(a) The lieutenant governor or his designee.3
* * *4
(2) The lieutenant governor secretary of state or his designee shall serve as the5
chairman of the commission.6
* * *7
Section 16. On the effective date of this Act, the office of lieutenant governor and the8
office of the lieutenant governor are abolished. On the effective date of this Act, the Department9
of Culture, Recreation and Tourism is abolished.10
Section 17. On the effective date of this Act, any member of a board, commission, or11
similar entity whose appointing authority is changed by this Act or who was appointed from12
nominees of an official other than as provided in this Act shall continue to be a member of such13
board, commission, or entity until such position is filled as otherwise provided by law as14
amended by this Act. Members serving on the effective date of this Act for a term of office shall15
continue to serve for the remainder of the term, unless replaced as otherwise authorized by law16
including any applicable amendments in this Act.17
Section 18. (A) For purposes of this Section, the office of tourism of the Department of18
Economic Development shall be the successor office of the office of tourism of the Department19
of Culture, Recreation and Tourism which is referred to in this Section as the former office; the20
office of the state museum of the Department of State shall be the successor office of the office21
of the state museum of the Department of Culture, Recreation and Tourism which is referred to22
in this Section as the former office; the office of the state library of the Department of State shall23
be the successor office of the office of the state library of the Department of Culture, Recreation24
and Tourism which is referred to in this Section as the former office; the office of cultural25
development of the Department of State shall be the successor office of the office of cultural26
development of the Department of Culture, Recreation and Tourism which is referred to in this27
Section as the former office; and the office of state parks of the Department of Wildlife and28 HLS 10RS-384 ORIGINAL
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Fisheries shall be the successor office of the office of state parks of the Department of Culture,1
Recreation and Tourism which is referred to in this Section as the former office.2
(B) On the effective date of this Act, the office of tourism, the office of the state museum,3
the office of the state library, the office of cultural development, and the office of state parks of4
the Department of Culture, Recreation and Tourism shall be abolished and their respective5
successor offices shall be created as provided in this Act. All unfinished business, references in6
laws and documents, employees, property, obligations, and books and records of the former7
office shall be transferred as provided in this Section. Upon the abolition of the former office, any8
pending or unfinished business of the former office shall be taken over and be completed by the9
successor office with the same power and authorization as that of the former office and the10
successor office shall be the successor in every way to the former office for the purpose of11
completing such business. Any reference in laws and documents to the former office shall be12
deemed to apply to the successor office. Any legal proceeding to which the former office is a13
party and which is filed, initiated, or pending before any court on the effective date of this14
Section, and all documents involved in or affected by said legal proceeding, shall retain their15
effectiveness and shall be continued in the name of the successor office. All further legal16
proceedings and documents in the continuation, disposition, and enforcement of such legal17
proceeding shall be in the name of the successor office, and the successor office shall be18
substituted for the former office without necessity for amendment of any document. This Act19
shall not be construed so as to impair the contractual or other obligations of the former office or20
of the state of Louisiana. All obligations of the former office shall be the obligations of the21
successor office. The successor office shall be the successor in every way to the former office,22
including all of its obligations and debts. All funds heretofore dedicated by or under authority23
of the constitution and laws of this state or any of its subdivisions to the payment of any bonds24
issued for construction or improvements for any facility under the control of the former office25
shall continue to be collected and dedicated to the payment of those bonds, unless and until other26
provision is made for the payment of such bonds. In like manner, all other dedications and27
allocations of revenues and sources of revenues heretofore made shall continue in the same28
manner, to the same extent, and for the same purposes as were provided prior to the enactment29 HLS 10RS-384 ORIGINAL
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of this Act, unless and until other provision is made therefor. This act shall not be construed or1
applied in any way which will prevent full compliance by the state, or any department, office, or2
agency thereof, with the requirements of any act of the Congress of the United States or any3
regulation made thereunder by which federal aid or other federal assistance has been or hereafter4
is made available. All books, papers, records, money, actions, and other property of every kind,5
movable and immovable, real and personal, heretofore possessed, controlled, or used by the6
former office is hereby transferred to the successor office. All employees heretofore engaged in7
the performance of duties of the former office, insofar as practicable and necessary are hereby8
transferred to the successor office and shall continue to perform the duties heretofore performed,9
subject to applicable state civil service laws, rules, and regulations and other applicable laws.10
Subject to such laws, positions in the unclassified service shall remain in the unclassified service.11
Section 19. R.S. 24:972(A)(2), R.S. 25:845(B)(6) and 1253(A)(1)(c), R.S.12
33:4702(B)(2)(k), R.S. 36:4(A)(3) and (C), (N), (U), and (X), Chapter 5 of Title 36 of the13
Louisiana Revised Statutes of 1950, comprised of R.S. 36:201 through 209, R.S. 39:1401(B)(2),14
R.S. 42:1113(D)(1)(a)(i)(dd), 1124(A)(2)(b), and 1266(C)(1)(b), R.S. 46:123(A)(2)(a)(ii), and15
R.S. 49:74(A)(5)(b)(i)(aa)(II), 191(4)(c), and 202.1 are hereby repealed in their entirety.16
Section 20. (A)(1) The Louisiana State Law Institute shall remove references to the17
lieutenant governor in the following provisions: R.S. 11:62(5)(a); R.S. 18:23(E)(1), 45(A),18
513(A)(5)(introductory paragraph), 551(B)(1)(c), and 1483(11); R.S. 24:206(A)(1) and 513.2(D),19
R.S. 32:429.3, R.S. 39:362.1 and 1401(A), R.S. 42:62(6), 113(A)(2), 1124.2.1(D)(1)(a)(i), and20
1411(E), R.S. 49:121(E) and 1213(B), and R.S. 52:2.21
(2) The Louisiana State Law Institute shall change "lieutenant governor" to:22
(a) "Secretary of state" in the following provisions: R.S. 17:1970.4(B)(2) and23
(C)(1)(b)(ii) and R.S. 56:796(B)(1)(n).24
(b) "Secretary of the Department of Economic Development" in R.S. 51:1284(A) and (B)25
and 1304(A)(1)(c).26
(c) "Secretary of the Department of Wildlife and Fisheries" in R.S. 56:1684.1(A).27
(B) The Louisiana State Law Institute shall change references to the Department of28
Culture, Recreation and Tourism to the Department of State and references to the secretary of the29 HLS 10RS-384 ORIGINAL
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Department of Culture, Recreation and Tourism to the secretary of state in the following1
provisions: R.S. 8:673(4), R.S. 11:413, R.S. 17:7(26)(a)(i) and 3932(A)(2), R.S. 25:341(A) and2
(C), 342(B)(2), 351, 352(A), 353(A), 380.10(A) and (B), 380.11, 380.13, 380.141(A),3
380.142(A), 380.144, 380.145(A), 571, 706, 708, 709, 710, 783, 821(B), 822(A)(introductory4
paragraph) and (8) and (9), 824, 825, 831, 833, 841, 843, 845(A), 871, 873, 891(A)(3) and B,5
893, 894(B), 895, 896, 897(A), 898(A) and (B)(1), 900.1 D(1) and (E), 901, 911, 1005.1(A),6
1022(A), 1222(A), 1223(A)(2), 1224(A)(2) and (6) and (B)(2), 1226.2(A)(3), 1253(A)(1)(f),7
1254(A), 1255, 1270.2(1), 1271.2(1), and 1271.3(A), R.S. 30:2503, R.S. 33:9039.56(B) and8
9039.125(B), R.S. 36:801.8(A), (B), and (D), R.S. 41:1602(A) and (B), 1603(A), 1604(7), and9
1605(A), R.S. 47:297.6(A)(3)(b) and (B)(1), 305.57, 463.79(D)(1), 1508(B)(27), 4315(A)(2),10
6019(B)(1)(a), and 6026(B)(2) and (C)(1), R.S. 48:55, R.S. 51:938.1(D)(8), and R.S.11
56:901(C)(6), 1948.4(A)(2) and (B), 1948.7(A) and (B), 1948.12(A)(1)(c), and 1948.13.12
(C) The Louisiana State Law Institute shall change references to the Department of13
Culture, Recreation and Tourism to the Department of Wildlife and Fisheries in the following14
provisions: R.S. 3:2(B) and 4383(A), R.S. 14:91.2(D)(2) and 95(G)(2), R.S. 30:2508, R.S.15
33:9038.59(D)(1)(b), R.S. 40:1379.3.1(A)(3) and 2501(B)(1) and (G), R.S. 56:1681(B)(2),16
1684(A)(1) and (D)(1), 1686, 1687, 1687.1, 1687.2, 1688, 1689, 1690, 1696, 1697, 1699(A),17
1700, 1701, 1751, and 1801 and Acts 1896, No. 130 as amended by Acts 1982, No. 865, and18
Acts 1989, No. 569 as amended by Acts 2006, No. 395.19
(D) The Louisiana State Law Institute shall change references to the Department of20
Culture, Recreation and Tourism to the Department of Economic Development in the following21
provisions: R.S. 25:1001(A), R.S. 30:2000.6 and 2528, R.S. 41:1701.1, R.S. 48:271(B), R.S.22
51:1252, 1253(2)(4)(6), 1254, 1256(A), 1264, and 1286(C)(2)(b) and (c) and (4), and R.S.23
56:360.1(A)(9) and 647.1(B).24
Section 21. The amendment and reenactment of R.S. 24:36(A), (C), and (E) as provided25
in this Act shall not affect the computation of retirement benefits of any person who served as26
lieutenant governor prior to the effective date of this Act.27
Section 22. This Act shall take effect and become operative if the proposed amendment28
to the Constitution of Louisiana, to amend Article IV, Sections 1(A) and (B), 3(A), 7, 13, 14, 15,29 HLS 10RS-384 ORIGINAL
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16, and 19; Article VII, Section 7(A); and Article X, Sections 2(B)(10) and 25; to add Part IV of1
Article XIV, to be comprised of Section 41; and to repeal Article IV, Section 6, contained in the2
Act which originated as House Bill No. ___ of this 2010 Regular Session of the Legislature, is3
adopted at the statewide election to be held on November 2, 2010, and becomes effective. In that4
event, this Act shall become effective at noon on January 9, 2010. 5
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)]
Henry HB No. 812
Abstract: Implements proposed constitutional amendment to abolish the office of lieutenant
governor. Also abolishes the Department of Culture, Recreation and Tourism (DCRT).
Transfers powers and duties of the lieutenant governor to other officials. Transfers
powers, duties, and agencies of DCRT and agencies in office of the lieutenant governor
to other executive branch departments.
Proposed law (effective January 9, 2012, if the proposed constitutional amendment in HB No.
_____ is adopted) abolishes the office of lieutenant governor and the office of the lieutenant
governor and abolishes the Dept. of Culture, Recreation and Tourism (DCRT) and makes related
changes, including the following:
(1)Repeals provisions of present law that provide for DCRT, including provisions that place
DCRT in the office of the lieutenant governor and that provide that the lieutenant
governor shall be the commissioner of DCRT.
(2)Transfers the Louisiana Serve Commission from the office of the lieutenant governor to
the Dept. of State. Present law provides for appointment of members by the governor in
collaboration with the lieutenant governor. Proposed law provides for appointments by
the governor with collaboration of the secretary of state. Also provides that the secretary
of state or his designee rather than the lieutenant governor shall be a commission member.
(3)Transfers the Encore Louisiana Commission from the office of the lieutenant governor
to the Dept. of State. Grants the commission policy authority and grants personnel and
other administrative powers to the department, except provides for the commission to
employ and fix the salary of the executive director. Specifies that the secretary of state
(rather than the lieutenant governor) shall prepare a list for the governor to appoint
members to the commission, may serve as commission chairman (or may designate
another member as chairman), and shall employ other staff. Removes the lieutenant
governor as a commission member.
Proposed law makes other changes with respect to the lieutenant governor:
(1)Replaces the lieutenant governor with the secretary of state as a member of the Interim
Emergency Board.
(2)Removes the lieutenant governor or his designee as a member of various boards and
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(3)Replaces the lieutenant governor or his designee with appropriate secretary or his
designee as a member of or as nominating or appointing authority for various boards and
commissions.
(4)In provision that lieutenant governor or any other authorized official shall receive the
same salary as the governor when discharging the duties of the governor, substitutes the
secretary of state for the lieutenant governor.
(5)Specifies that removing reference to the lieutenant governor in certain provisions relative
to additional retirement benefits shall not affect the computation of retirement benefits
of any person who served as lieutenant governor prior to the effective date of the Act.
Relative to abolition of DCRT:
(1)Abolishes the office of the state museum, the office of the state library, and the office of
cultural development of DCRT and creates new successor offices having the same name
and the same powers, duties, and responsibilities in the Dept. of State as the abolished
offices. Provides for selection or appointment of deputy secretaries to head the offices
as provided in present law for the respective offices, except that appointments by the
lieutenant governor are to be made by the secretary of state.
(2)Abolishes the office of tourism of DCRT and creates a new successor office of tourism
in the Dept. of Economic Development having the same name and the same powers,
duties, and responsibilities in the Dept. of Economic Development as the abolished office.
Provides for appointment of the assistant secretary by the governor from nominees
submitted by the La. Tourism Development Commission.
(3)Abolishes the office of state parks of DCRT and creates a new successor office of state
parks in the Department of Wildlife and Fisheries having the same name and the same
powers, duties, and responsibilities in the Dept. of Wildlife and Fisheries as the abolished
office. Provides for appointment of the assistant secretary by the governor and retains the
same qualifications requirements for the office as in present law.
(4)Transfers agencies in DCRT to departments based upon function. Agencies related to the
functions of the offices listed above are transferred to the department in which the office
is being created.
Specifies that, on the Act's effective date, any member of a board, commission, or similar entity
whose appointing authority is changed by the Act or who was appointed from nominees of an
official other than as provided in proposed law shall continue to be a member of such board,
commission, or entity until such position is filled as otherwise provided by law (including
changes made by proposed law). Provides that members serving on the effective date of this Act
for a term of office shall continue to serve for the remainder of the term, unless replaced as
otherwise authorized by law (including changes made by proposed law).
Removes or replaces references to the lieutenant governor and the office of the lieutenant
governor and DCRT and the DCRT secretary in other provisions of law. Also directs the La.
State Law Institute to make changes in other laws to conform to the changes made proposed law.
Effective Jan. 9, 2012, but only if the proposed constitutional amendment contained in House Bill
No. ____ is adopted at the election to be held on Nov. 2, 2010, and becomes effective.
(Amends R.S. 18:23(A); R.S. 24:36(A), (C), and (E); R.S. 25:2(A), 341(D), and (E), and (F),
342(A)(1), 343, 380.142(C) and (E), 380.143(B)(4), 572(A)(1)(d), 845(B)(intro. para.) and (7)
and (D), 850.1(D)(1)(b), 891(A)(2)(a), and 1302(B); R.S. 30:2000.4(A)(5)(a) and (b); R.S.
33:4702(B)(2)(intro. para.) and 9039.123(B)(5)(e); R.S. 36:3(5), 101(B) and (C)(1) and (3),
104(A)(7), 107(A), 478(C), 602(B) and (C)(1), 608(A), 742(5), 801.1(A), 802.3(A), 802.8,
802.14, 802.17, 802.19, 802.22(A),(E)(1)(b), (c), and (d), and (F), 803(A)(1), 851(A), 851.1, HLS 10RS-384 ORIGINAL
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are additions.
901(A), 909, 910, 911, 912, 919.9, and 921(A); R.S. 38:2337; R.S. 39:461(A); R.S. 42:393,
808(A)(6), and 1123(32); R.S. 43:31(A)(5) and (B)(2) and 111(A)(7); R.S. 46:2751(B)(1)(a);
R.S. 48:278(A), 1817(6), and 1820; R.S. 49:201.1, 206, 968(B)(3), (4), (13), and (21)(a),
1053(C)(7), 1112(A)(intro. para.), (B)(2)(b) and (3)(k), and (D), 1115(A)(15) and 1212(A),
(B)(8), (C), (E), and (K); R.S. 51:923(C), 924(A), 1256(B), (E), (F), and (G), 1257(E), 1258(B)
and (C), 1318(A), (B), (C), (E), (F), and (I), and 1319(A)(1); and R.S. 56:1741, 1781(B)(2),
1845(C), 1846(A), 1849(B), and 1948.12(A)(1)(a) and (2); Adds R.S. 36:108(C), 109(C) and (D),
605(B)(9) and (10), 609(D), 610(G) and (O), 741(D), 744(DD)-(TT), 747, 748, and 749; Repeals
R.S. 24:972(A)(2); R.S. 25:845(B)(6) and 1253(A)(1)(c); R.S. 33:4702(B)(2)(k); R.S. 36:4(A)(3)
and (C), (N), (U), and (X), Ch. 5 of Title 36 of the L.R.S. of 1950, comprised of R.S. 36:201-209;
R.S. 39:1401(B)(2); R.S. 42:1113(D)(1)(a)(i)(dd), 1124(A)(2)(b); and 1266(C)(1)(b); R.S.
46:123(A)(2)(a)(ii); and R.S. 49:74(A)(5)(b)(i)(aa)(II), 191(4)(c), and 202.1)