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Regular Session, 2010
HOUSE BILL NO. 975
BY REPRESENTATIVE BALDONE
GOVERNMENT ORGANIZATION: Transfers the S. La. Wetlands Discovery Center from
the Dept. of State to the Dept. of Wildlife and Fisheries
AN ACT1
To amend and reenact R.S. 25:1312(A), 1313(B)(3), and 1314 through 1316 and R.S.2
36:801.21, to enact R.S. 36:610(O), and to repeal R.S. 36:744(M), relative to the3
South Louisiana Wetlands Discovery Center; to transfer the South Louisiana4
Wetlands Discovery Center and the South Louisiana Wetlands Discovery Center5
Commission from the Department of State to the Department of Wildlife and6
Fisheries; to provide for the powers, duties, and functions of the commission and the7
office; and to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 25:1312(A), 1313(B)(3), and 1314 through 1316 are hereby amended10
and reenacted to read as follows: 11
§1312. Creation; domicile; membership12
A. The South Louisiana Wetlands Discovery Center Commission,13
hereinafter referred to as "commission", is hereby created within the Department of14
State. Wildlife and Fisheries.15
* * *16
§1313. Powers and duties of the commission17
* * *18
B. The commission shall:19
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(3) Advise the secretary of state of the Department of Wildlife and Fisheries1
on all matters relating to the operations of the center.2
* * *3
§1314. Donations and grants4
The secretary of state of the Department of Wildlife and Fisheries and the5
commission, jointly or separately, may solicit, accept, use, and dispose of any private6
or public funds in the form of donations of money, grants, property, or personal7
services from individuals, corporations, and governments to achieve the purposes of8
this Chapter.9
§1315. Operating funds; appropriations by the legislature10
Funds appropriated by the legislature to the Department of State Wildlife and11
Fisheries for operation of the South Louisiana Wetlands Discovery Center shall be12
used solely for that purpose and in accordance with the budget plan developed by the13
commission.14
§1316. Secretary of state; Secretary of the Department of Wildlife and Fisheries;15
rules and regulations16
The secretary of state the Department of Wildlife and Fisheries shall establish17
policies, rules, and regulations for the operation of the center in accordance with the18
Administrative Procedure Act.19
Section 2. R.S. 36:801.21 is hereby amended and reenacted and R.S. 36:610(O) is20
hereby enacted to read as follows: 21
§610. Transfer of agencies and functions to Department of Wildlife and Fisheries22
* * *23
O. The South Louisiana Wetlands Discovery Center and the South Louisiana24
Wetlands Discovery Center Commission (R.S. 25:1311 through 1316 and R.S.25
36:801.21), which are placed within the Department of Wildlife and Fisheries.26
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§801.21. South Louisiana Wetlands Discovery Center Commission1
A.(1) The South Louisiana Wetlands Discovery Center is hereby placed2
within the Department of State, Wildlife and Fisheries, subject to the provisions of3
this Section and Chapter 34 of Title 25 of the Louisiana Revised Statutes of 1950.4
(2) The South Louisiana Wetlands Discovery Center Commission is hereby5
placed within the Department of State Wildlife and Fisheries and shall exercise all6
powers, duties, functions, and responsibilities provided or authorized for it by law7
which are in the nature of policymaking, rulemaking, regulation, enforcement, or8
adjudication. The secretary of state the Department of Wildlife and Fisheries shall9
exercise all powers, duties, functions, and responsibilities authorized for him by law10
relative to the center and its commission. The commission shall exercise all advisory11
powers, duties, and functions provided for it by law. The commission shall12
administer and implement all programs provided or authorized by law for it or for13
the South Louisiana Wetlands Discovery Center. The commission, with the approval14
of the secretary of state, the Department of Wildlife and Fisheries, shall employ,15
appoint, fix the compensation of, remove, assign, and promote such personnel as is16
necessary for the efficient administration of its powers, duties, functions, and17
responsibilities for the administration of its programs and the programs of the center,18
and in accordance with civil service laws, rules, and regulations. The commission19
shall exercise the powers, duties, functions, and responsibilities and shall administer20
and implement the programs authorized by this Section independently of the21
secretary, except as otherwise provided in this Section. The commission shall be22
responsible for the performance and administration of its day-to-day operations,23
except that the secretary of state the Department of Wildlife and Fisheries shall be24
responsible for those matters which are in the nature of accounting, payroll, budget25
control, procurement, data processing, and personnel management and shall have the26
authority to transfer or implement any or all of said functions through the secretary27
and the department.28 HLS 10RS-1517 ORIGINAL
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B. Nothing shall authorize monies, property, or personnel budgeted or1
assigned to the commission or to the center to be transferred to or to be used by the2
department without prior approval of the commission.3
C. The commission may solicit and accept gifts and donations for the4
purposes of the South Louisiana Wetlands Discovery Center. Any funds so accepted5
may be expended by the commission or by the Department of State Wildlife and6
Fisheries as otherwise provided by law.7
D.(1) The provisions of R.S. 36:810 and 811 shall be applicable to the center8
and its commission placed within the Department of State Wildlife and Fisheries by9
this Section.10
(2) No records, books, or papers stored on center premises shall be removed11
or transferred from the center without the approval of two-thirds of the members of12
the commission.13
Section 3. R.S. 36:744(M) is hereby repealed in its entirety.14
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Baldone HB No. 975
Abstract: Transfers the S. La. Wetlands Discovery Center and commission from the Dept.
of State to the Dept. of Wildlife and Fisheries.
Present law (R.S. 25:1311-1316) creates the South Louisiana Wetlands Discovery Center
Commission within the Dept. of State. Provides for the commission's domicile,
membership, powers and duties, and operating funds and for the role of the secretary of state
in the commission's operations. Proposed law creates such commission in the Dept. of
Wildlife and Fisheries instead of the Dept. of State and replaces all references to the
secretary of state with the secretary of the Dept. of Wildlife and Fisheries.
Present law (R.S. 36:610 and 801.21) places the commission within the Dept. of State and
provides that the commission and secretary of state shall exercise all powers, duties,
functions, and responsibilities provided or authorized for them by law. Further specifies
relative to responsibilities of the commission and the secretary. Proposed law refers to the
Dept. of Wildlife and Fisheries instead of the Dept. of State and to the secretary of such
department instead of the secretary of state and otherwise retains present law.
(Amends R.S. 25:1312(A), 1313(B)(3), and 1314-1316 and R.S. 36:801.21; Adds R.S.
36:4(B)(1)(r); Repeals R.S. 36:744(M))