SLS 12RS-697 ENGROSSED Page 1 of 11 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. 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 SLS 12RS-697 ENGROSSED Page 2 of 11 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. 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 SLS 12RS-697 ENGROSSED Page 3 of 11 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. 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 SLS 12RS-697 ENGROSSED Page 4 of 11 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. 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 SLS 12RS-697 ENGROSSED Page 5 of 11 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. 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 SLS 12RS-697 ENGROSSED Page 6 of 11 Coding: Words which are struck through are deletions from existing law; 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 SLS 12RS-697 ENGROSSED Page 7 of 11 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. §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 SLS 12RS-697 ENGROSSED Page 8 of 11 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. 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 SLS 12RS-697 ENGROSSED Page 9 of 11 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. 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 SLS 12RS-697 ENGROSSED Page 10 of 11 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. 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 SLS 12RS-697 ENGROSSED Page 11 of 11 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. 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.