Louisiana 2012 2012 Regular Session

Louisiana Senate Bill SB268 Engrossed / Bill

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Regular Session, 2012
SENATE BILL NO. 268
BY SENATOR LAFLEUR 
STATE DEPARTMENT. Authorizes the Dept. of State to temporarily close certain public
facilities and museums when funds are not appropriated or otherwise made available from
other sources for the operation. (gov sig)
AN ACT1
To amend and reenact R.S. 25:376, 379.4 and 1245, and to enact R.S. 25:380.3(C),2
380.24(C), 380.34(C), 380.44(C), 380.54(C), 380.64(C), 380.74(C), 380.84(C),3
380.94(C), 380.104(C), 380.114(C), 380.124(C), 380.134(C), 380.154(C) and4
380.165(C), relative to operations of the Old State Capitol and certain museums; to5
authorize the Department of State to temporarily close the Old State Capitol and6
certain museums under its jurisdiction when no funds are appropriated for the7
operation of such facilities; and to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 25:376, 379.4 and 1245 are hereby amended and reenacted, and R.S.10
25:380.3(C), 380.24(C), 380.34(C), 380.44(C), 380.54(C), 380.64(C), 380.74(C), 380.84(C),11
380.94(C), 380.104(C), 380.114(C), 380.124(C), 380.134(C), 380.154(C) and 380.165(C)12
are hereby enacted to read as follows:13
§376.  Operating funds14
A. The legislature shall provide sufficient funds for the proper operation of15
the Old State Capitol.16
B.(1) In the event that funds are not appropriated by the legislature for17 SB NO. 268
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the operation of the Old State Capitol, and funds from other local, public, or1
private sources are not available for this purpose, the Department of State is2
authorized to temporarily close the Old State Capitol to the public until such3
time as funds are appropriated by the legislature for the operation of the Old4
State Capitol. The Department of State shall maintain the Old State Capitol5
during any period of temporary closure.6
(2) The Department of State may accept and use, in accordance with law,7
gifts, grants, bequests, donations, endowments, or funds from any public or8
private source to support the operations of the Old State Capitol.9
*          *          *10
§379.4.  Operating funds; appropriations by the legislature11
A. The Department of State shall include in its annual budget request12
submission, as required by R.S. 39:32, a request for funds necessary for support of13
the Louisiana State Exhibit Museum.  The governor shall include in the executive14
budget submitted to the legislature sufficient funding for the support of operations15
of the museum.16
B.(1) In the event that funds are not appropriated by the legislature for17
the operation of the Louisiana State Exhibit Museum, and funds from other18
local, public, or private sources are not available for this purpose, the19
Department of State is authorized to temporarily close the museum to the public20
until such time as funds are appropriated by the legislature for the operation21
of the museum. The Department of State shall maintain the museum during22
any period of temporary closure.23
(2) The Department of State may accept and use, in accordance with law,24
gifts, grants, bequests, donations, endowments, or funds from any public or25
private source to support the operations of the museum.26
*          *          *27
§380.3. Operating funds; appropriations by the legislature28
*          *          *29 SB NO. 268
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C.(1) In the event that funds are not appropriated by the legislature for1
the operation of the Louisiana State Cotton Museum, and funds from other2
local, public, or private sources are not available for this purpose, the3
Department of State is authorized to temporarily close the museum to the public4
until such time as funds are appropriated by the legislature for the operation5
of the museum. The Department of State shall maintain the museum during6
any period of temporary closure.7
(2) The Department of State may accept and use, in accordance with law,8
gifts, grants, bequests, donations, endowments, or funds from any public or9
private source to support the operations of the museum.10
*          *          *11
§380.24. Operating funds; appropriations by the legislature12
*          *          *13
C.(1) In the event that funds are not appropriated by the legislature for14
the operation of the Louisiana State Oil and Gas Museum, and funds from other15
local, public, or private sources are not available for this purpose, the16
Department of State is authorized to temporarily close the museum to the public17
until such time as funds are appropriated by the legislature for the operation18
of the museum. The Department of State shall maintain the museum during19
any period of temporary closure.20
(2) The Department of State may accept and use, in accordance with law,21
gifts, grants, bequests, donations, endowments, or funds from any public or22
private source to support the operations of the museum.23
*          *          *24
§380.34. Operating funds; appropriations by the legislature25
*          *          *26
C.(1) In the event that funds are not appropriated by the legislature for27
the operation of the Garyville Timbermill Museum, and funds from other local,28
public, or private sources are not available for this purpose, the Department of29 SB NO. 268
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State is authorized to temporarily close the museum to the public until such1
time as funds are appropriated by the legislature for the operation of the2
museum. The Department of State shall maintain the museum during any3
period of temporary closure.4
(2) The Department of State may accept and use, in accordance with law,5
gifts, grants, bequests, donations, endowments, or funds from any public or6
private source to support the operations of the museum.7
*          *          *8
§380.44.  Operating funds; appropriations by the legislature9
*          *          *10
C.(1) In the event that funds are not appropriated by the legislature for11
the operation of the Livingston Parish Museum and Cultural Center, and funds12
from other local, public, or private sources are not available for this purpose,13
the Department of State is authorized to temporarily close the museum and14
cultural center to the public until such time as funds are appropriated by the15
legislature for the operation of the museum. The Department of State shall16
maintain the museum and cultural center during any period of temporary17
closure.18
(2) The Department of State may accept and use, in accordance with law,19
gifts, grants, bequests, donations, endowments, or funds from any public or20
private source to support the operations of the museum and cultural center.21
*          *          *22
§380.54. Operating funds; appropriations by the legislature23
*          *          *24
C.(1) In the event that funds are not appropriated by the legislature for25
the operation of the Louisiana Delta Music Museum, and funds from other26
local, public, or private sources are not available for this purpose, the27
Department of State is authorized to temporarily close the museum to the public28
until such time as funds are appropriated by the legislature for the operation29 SB NO. 268
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of the museum. The Department of State shall maintain the museum during1
any period of temporary closure.2
(2) The Department of State may accept and use, in accordance with law,3
gifts, grants, bequests, donations, endowments, or funds from any public or4
private source to support the operations of the museum.5
*          *          *6
§380.64. Operating funds; appropriations by the legislature7
*          *          *8
C.(1) In the event that funds are not appropriated by the legislature for9
the operation of the Louisiana Military Museum, and funds from other local,10
public, or private sources are not available for this purpose, the Department of11
State is authorized to temporarily close the museum to the public until such12
time as funds are appropriated by the legislature for the operation of the13
museum. The Department of State shall maintain the museum during any14
period of temporary closure.15
(2) The Department of State may accept and use, in accordance with law,16
gifts, grants, bequests, donations, endowments, or funds from any public or17
private source to support the operations of the museum.18
*          *          *19
§380.74. Operating funds; appropriations by the legislature20
*          *          *21
C.(1) In the event that funds are not appropriated by the legislature for22
the operation of the Jean Lafitte Marine Fisheries Museum, and funds from23
other local, public, or private sources are not available for this purpose, the24
Department of State is authorized to temporarily close the museum to the public25
until such time as funds are appropriated by the legislature for the operation26
of the museum. The Department of State shall maintain the museum during27
any period of temporary closure.28
(2) The Department of State may accept and use, in accordance with law,29 SB NO. 268
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words in boldface type and underscored are additions.
gifts, grants, bequests, donations, endowments, or funds from any public or1
private source to support the operations of the museum.2
*          *          *3
§380.84. Operating funds; appropriations by the legislature4
*          *          *5
C.(1) In the event that funds are not appropriated by the legislature for6
the operation of the Tioga Heritage Park and Museum, and funds from other7
local, public, or private sources are not available for this purpose, the8
Department of State is authorized to temporarily close the museum to the public9
until such time as funds are appropriated by the legislature for the operation10
of the museum. The Department of State shall maintain the museum during11
any period of temporary closure.12
(2) The Department of State may accept and use, in accordance with law,13
gifts, grants, bequests, donations, endowments, or funds from any public or14
private source to support the operations of the museum.15
*          *          *16
§380.94. Operating funds; appropriations by the legislature17
*          *          *18
C.(1) In the event that funds are not appropriated by the legislature for19
the operation of the Mansfield Female College Museum, and funds from other20
local, public, or private sources are not available for this purpose, the21
Department of State is authorized to temporarily close the museum to the public22
until such time as funds are appropriated by the legislature for the operation23
of the museum. The Department of State shall maintain the museum during24
any period of temporary closure.25
(2) The Department of State may accept and use, in accordance with law,26
gifts, grants, bequests, donations, endowments, or funds from any public or27
private source to support the operations of the museum.28
*          *          *29 SB NO. 268
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§380.104. Operating funds; appropriations by the legislature1
*          *          *2
C.(1) In the event that funds are not appropriated by the legislature for3
the operation of the Shreveport Water Works Museum, and funds from other4
local, public, or private sources are not available for this purpose, the5
Department of State is authorized to temporarily close the museum to the public6
until such time as funds are appropriated by the legislature for the operation7
of the museum.  The Department of State shall maintain the museum during8
any period of temporary closure.9
(2) The Department of State may accept and use, in accordance with law,10
gifts, grants, bequests, donations, endowments, or funds from any public or11
private source to support the operations of the museum.12
*          *          *13
§380.114. Operating funds; appropriations by the legislature14
*          *          *15
C.(1) In the event that funds are not appropriated by the legislature for16
the operation of the Chennault Aviation and Military Museum of Louisiana,17
and funds from other local, public, or private sources are not available for this18
purpose, the Department of State is authorized to temporarily close the museum19
to the public until such time as funds are appropriated by the legislature for the20
operation of the museum. The Department of State shall maintain the museum21
during any period of temporary closure.22
(2) The Department of State may accept and use, in accordance with law,23
gifts, grants, bequests, donations, endowments, or funds from any public or24
private source to support the operations of the museum.25
*          *          *26
§380.124. Operating funds; appropriations by the legislature27
*          *          *28
C.(1) In the event that funds are not appropriated by the legislature for29 SB NO. 268
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the operation of the Spring Street Historical Museum, and funds from other1
local, public, or private sources are not available for this purpose, the2
Department of State is authorized to temporarily close the museum to the public3
until such time as funds are appropriated by the legislature for the operation4
of the museum. The Department of State shall maintain the museum during5
any period of temporary closure.6
(2) The Department of State may accept and use, in accordance with law,7
gifts, grants, bequests, donations, endowments, or funds from any public or8
private source to support the operations of the museum.9
*          *          *10
§380.134. Operating funds; appropriations by the legislature11
*          *          *12
C.(1) In the event that funds are not appropriated by the legislature for13
the operation of the Louisiana Military Hall of Fame and Museum, and funds14
from other local, public, or private sources are not available for this purpose,15
the Department of State is authorized to temporarily close the museum to the16
public until such time as funds are appropriated by the legislature for the17
operation of the museum. The Department of State shall maintain the museum18
during any period of temporary closure.19
(2) The Department of State may accept and use, in accordance with law,20
gifts, grants, bequests, donations, endowments, or funds from any public or21
private source to support the operations of the museum.22
*          *          *23
§380.154. Operating funds; appropriations by the legislature24
*          *          *25
C.(1) In the event that funds are not appropriated by the legislature for26
the operation of the Germantown Colony Museum, and funds from other local,27
public, or private sources are not available for this purpose, the Department of28
State is authorized to temporarily close the museum to the public until such29 SB NO. 268
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time as funds are appropriated by the legislature for the operation of the1
museum. The Department of State shall maintain the museum during any2
period of temporary closure.3
(2) The Department of State may accept and use, in accordance with law,4
gifts, grants, bequests, donations, endowments, or funds from any public or5
private source to support the operations of the museum.6
*          *          *7
§380.165. Operating funds; appropriations by the legislature8
*          *          *9
C.(1) In the event that funds are not appropriated by the legislature for10
the operation of the Schepis Museum, and funds from other local, public, or11
private sources are not available for this purpose, the Department of State is12
authorized to temporarily close the museum to the public until such time as13
funds are appropriated by the legislature for the operation of the museum. The14
Department of State shall maintain the museum during any period of15
temporary closure.16
(2) The Department of State may accept and use, in accordance with law,17
gifts, grants, bequests, donations, endowments, or funds from any public or18
private source to support the operations of the museum.19
*          *          *20
§1245.  Operating funds; appropriations by the legislature21
A. Funds appropriated by the legislature to the Department of State for22
operation of the Eddie G. Robinson Museum shall be used solely for that purpose23
and in accordance with the budget plan developed by the commission.24
B.(1) In the event that funds are not appropriated by the legislature for25
the operation of the Eddie G. Robinson Museum, and funds from other local,26
public, or private sources are not available for this purpose, the Department of27
State is authorized to temporarily close the museum to the public until such28
time as funds are appropriated by the legislature for the operation of the29 SB NO. 268
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museum.  The Department of State shall maintain the museum during any1
period of temporary closure.2
(2) The Department of State may accept and use, in accordance with law,3
gifts, grants, bequests, donations, endowments, or funds from any public or4
private source to support the operations of the museum.5
Section 2. This Act shall become effective upon signature by the governor or, if not6
signed by the governor, upon expiration of the time for bills to become law without signature7
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.  If8
vetoed by the governor and subsequently approved by the legislature, this Act shall become9
effective on the day following such approval.10
The original instrument was prepared by Lauren Bailey. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Jeanne Johnston.
DIGEST
LaFleur (SB 268)
Present law provides for the establishment, operation, and funding for the museums under
the jurisdiction of the secretary of state, including the Old State Capitol, La. State Exhibit
Museum, La. State Cotton Museum, La. State Oil & Gas Museum, Garyville Timbermill
Museum, Livingston Parish Museum & Cultural Center, La. Delta Music Museum, La.
Military Museum, Jean Lafitte Marine Fisheries Museum, Tioga Heritage Park & Museum,
Mansfield Female College Museum, Shreveport Water Works Museum, Chennault Aviation
& Military Museum, Spring Street Historical Museum, La. Military Hall of Fame &
Museum, Germantown Colony Museum, Schepis Museum and the Eddie G. Robinson
Museum.
Proposed law retains present law and allows the Dept. of State the authority to temporarily
close the Old State Capitol and the specified museums when funds are not legislatively
appropriated for the operation of such facilities and funds from other local, public, or private
sources are not available for such purpose. Requires the department to maintain such
facilities during any period of temporary closure.
Proposed law authorizes the Dept. of State to accept and use, in accordance with law, gifts,
grants, bequests, donations, endowments, or funds from any public or private source to
support facility or museum operations.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 25:376, 379.4 and 1245; adds R.S. 25:380.3(C), 380.24(C), 380.34(C),
380.44(C), 380.54(C), 380.64(C), 380.74(C), 380.84(C), 380.94(C), 380.104(C),
380.114(C), 380.124(C), 380.134(C), 380.154(C) and 380.165(C))  SB NO. 268
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Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Education to the
original bill
1. Clarifies that the Dept. of State has jurisdiction over the specified public
facilities and museums.
2. Adds the Livingston Parish Museum and Cultural Museum to the list of
museums under the Dept. of State's jurisdiction.
3. Allows the Dept. of State to accept and use funds from any public or private
source to support the operations of each museum under his jurisdiction.