Louisiana 2013 2013 Regular Session

Louisiana Senate Bill SCR111 Introduced / Bill

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Regular Session, 2013
SENATE CONCURRENT RESOLUTI ON NO. 111
BY SENATOR DORSEY-COLOMB 
CEMETERIES.  Requests the Vital Records Registry to take certain actions and the attorney
general to establish a board, all relative to rehabilitating Gilbert Memorial Park in Baton
Rouge.
A CONCURRENT RESOLUTI ON1
To urge and request the Vital Records Registry of the Office of Public Health of the2
Department of Health and Hospitals to take certain actions, and the attorney general3
to establish and provide for a board, all relating to rehabilitation of Gilbert Memorial4
Park in Baton Rouge.5
WHEREAS, Gilbert Memorial Park is a cemetery located on Greenwell Springs6
Road in Baton Rouge that served the North Baton Rouge community since the early7
twentieth century under the Baranco family through the 1980s; and8
WHEREAS, under the control of Lymus Washington, beginning in the late 1980s,9
Gilbert Memorial Park began to be mismanaged; and10
WHEREAS, Louisiana law requires the keeping of interment records and accurate11
maps of interments for all operating cemeteries in the state under R.S. 8:662 and 314; and12
WHEREAS, the Louisiana Cemetery Board and the attorney general have undertaken13
an investigation of Gilbert Memorial Park from 2007 through 2012 which has identified14
incomplete interment records for the cemetery from at least 1990 through the present; and15
WHEREAS, the investigation led directly to the removal of Mr. Washington as the16
operator of Gilbert Memorial Park by injunction in 2012 and the institution of a receivership17
for the cemetery by court order under the direction of People Achieving Community18 SCR NO. 111
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Empowerment, Inc., in 2013, to administer, manage, and oversee all affairs of the cemetery;1
and2
WHEREAS, the lack of records kept by Mr. Washington during his tenure as the3
operator of Gilbert Memorial Park has left many descendants with no information regarding4
the final resting place of their loved ones; and5
WHEREAS, the final resting places of anyone interred in Louisiana is required,6
under R.S. 40:52 and La. Admin Code. tit. 48, pt. V, §12311, to be recorded on a burial7
transit permit which is lodged and filed with the Vital Records Registry of the Office of8
Public Health of the Department of Health and Hospitals; and9
WHEREAS, many Louisiana death certificates, under R.S. 40:49 and La. Admin10
Code. tit. 48, pt. V, §12307, issued by the Vital Records Registry of the Office of Public11
Health of the Department of Health and Hospitals indicate the final resting place of the12
deceased; and13
WHEREAS, a compilation of such documents which indicate that Gilbert Memorial14
Park is the final resting place of individuals will provide some measure of closure to many15
descendants of those buried in that cemetery; and16
WHEREAS, a compilation of such information will assist the receiver and any17
subsequent operator of Gilbert Memorial Park in reconstructing the records of the cemetery;18
and19
WHEREAS, it is appropriate that a stone marker be constructed at the cemetery to20
commemorate those interred there; and 21
WHEREAS, it is appropriate and necessary that the attorney general establish a22
board to assist the receiver and any subsequent owner of the cemetery in constructing,23
erecting, renovating, repairing, and maintaining the stone marker.24
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby25
authorize and request the Vital Records Registry of the Office of Public Health of the26
Department of Health and Hospitals to:27
(1)  Review its burial transit permit and death certificate records for any indication28
of a deceased's interment in Gilbert Memorial Park in Baton Rouge.29
(2) Compile a listing of all individuals whose burial transit permits or death30 SCR NO. 111
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certificates indicate that such individuals were interred in Gilbert Memorial Park in Baton1
Rouge and transmit such listing to the receiver or any subsequent operator of Gilbert2
Memorial Park and to the Louisiana Cemetery Board by January 2, 2014.3
BE IT FURTHER RESOLVED that the attorney general is hereby urged and4
requested to establish the Lillian Jackson Memorial Board to aid in constructing, erecting,5
renovating, repairing, and maintaining a stone marker at Gilbert Memorial Park to6
commemorate those interred in that cemetery.7
BE IT FURTHER RESOLVED that the attorney general should consider having the8
board consist of the seven members as follows:9
(1) A member of the Senate who represents the area which encompasses Gilbert10
Memorial Park, or his designee.11
(2) A member of the House of Representatives who represents the area which12
encompasses Gilbert Memorial Park, or his designee.13
(3) The East Baton Rouge Parish mayor-president, or his designee.14
(4) A member of the East Baton Rouge Metropolitan Council who represents the area15
which encompasses Gilbert Memorial Park, or his designee.16
(5) One member of the clergy appointed by a majority vote of the board members17
provided in (1) through (4) herein.18
(6) One family member of a loved one buried in Gilbert Memorial Park appointed19
by a majority vote of the board members provided in (1) through (4) herein.20
(7) One at-large member to be elected by a majority vote of the board members21
provided in (1) through (6) from a list of individuals nominated by the board members22
provided in (1) through (4) herein.23
BE IT FURTHER RESOLVED that the attorney general should consider that the24
members of the board shall:25
(1) Elect from among themselves a president and such other officers as they deem26
appropriate with the terms and responsibilities of the officers being provided for in the27
bylaws of the board.28
(2) Serve without compensation and shall not receive reimbursement for expenses.29
BE IT FURTHER RESOLVED that the attorney general should consider authorizing30 SCR NO. 111
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the board to:1
(1)  Receive and expend funds related to its purpose.2
(2) Enter into contracts with individuals or entities, private or public for the3
engraving of names.4
(3) Purchase items and supplies which the board deems instrumental to achieving the5
purpose of the board.6
(4) Perform or have performed any other function or activity necessary for the7
achievement of the purpose of the board.8
BE IT FURTHER RESOLVED that the state appointed receiver of Gilbert Memorial9
Park may:10
(1) Charge fees for services provided to construct, erect, renovate, repair, and11
maintain a stone marker erected pursuant to this Resolution.12
(2) Utilize labor by prisoners as the state's receiver for the construction and13
maintenance of the stone marker in accordance with law.14
(3) Utilize labor by prisoners for the general maintenance of Gilbert Memorial Park15
in accordance with law.16
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the17
attorney general, the secretary of the Department of Health and Hospitals, the registrar of18
vital records, the East Baton Rouge Parish mayor-president, the East Baton Rouge19
Metropolitan Council, and the Louisiana Cemetery Board.20
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Michael Bell.
DIGEST
Dorsey-Colomb	SCR No. 111
Requests the Vital Records Registry of the Office of Public Health of the DHH to:
(1)Review its burial transit permit and death certificate records for any indication of a
deceased's interment in Gilbert Memorial Park in Baton Rouge.
(2)Compile a listing of all individuals whose burial transit permits or death certificates
indicate that such individuals were interred in the park and transmit such listing to
the receiver or any subsequent operator of the park and to the La. Cemetery Board
by 1/2/14.
Requests the attorney general to establish the Lillian Jackson Memorial Board to aid in
constructing, erecting, renovating, repairing, and maintaining a stone marker at the park to SCR NO. 111
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commemorate those interred in that cemetery.
Provides that the attorney general should consider that the board consist of the seven
members as follows:
(1) A member of the Senate who represents the area which encompasses the park, or his
designee.
(2) A member of the House of Representatives who represents the area which
encompasses the park, or his designee.
(3) The East Baton Rouge Parish mayor-president, or his designee.
(4) A member of the East Baton Rouge Metropolitan Council who represents the area
which encompasses the park, or his designee.
(5) One member of the clergy appointed by a majority vote of the board members
provided in (1) through (4) herein.
(6) One family member of a loved one buried in the park appointed by a majority vote
of the board members provided in (1) through (4) herein.
(7) One at-large member to be elected by a majority vote of the board members provided
in (1) through (6) from a list of individuals nominated by the board members
provided in (1) through (4) herein.
Provides that the attorney general should consider requiring that the members of the board:
(1) Elect from among themselves a president and such other officers as they deem
appropriate with the terms and responsibilities of the officers being provided for in
the bylaws of the board.
(2) Serve without compensation and shall not receive reimbursement for expenses.
Provides that the attorney general should consider authorizing the board to:
(1)Receive and expend funds related to its purpose.
(2) Enter into contracts with individuals or entities, private or public for the engraving
of names.
(3) Purchase items and supplies which the board deems instrumental to achieving the
purpose of the board.
(4) Perform or have performed any other function or activity necessary for the
achievement of the purpose of the board.
Authorizes the state appointed receiver of the park to:
(1) Charge fees for services provided to construct, erect, renovate, repair, and maintain
a stone marker erected pursuant to this Resolution.
(2)Utilize labor by prisoners as the state's receiver for the construction and maintenance
of the stone marker in accordance with law.
(3) Utilize labor by prisoners for the general maintenance of the park in accordance with
law.