Louisiana 2013 2013 Regular Session

Louisiana Senate Bill SCR111 Engrossed / Bill

                    SLS 13RS-2689	ENGROSSED
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Regular Session, 2013
SENATE CONCURRENT RESOLUTI ON NO. 111
BY SENATOR DORSEY-COLOMB 
CEMETERIES.  Requests DHH and other entities take all appropriate action to identify and
recognize persons interred in Gilbert Memorial Park.
A CONCURRENT RESOLUTI ON1
To urge and request the Department of Health and Hospitals, Office of the Attorney General,2
and Louisiana Cemetery Board to take all appropriate action and work in conjunction3
as necessary to provide information identifying persons interred in Gilbert Memorial4
Park.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, Louisiana law requires the keeping of interment records and accurate9
maps of interments for all operating cemeteries in the state under R.S. 8:662 and 314; and10
WHEREAS, the Louisiana Cemetery Board and the attorney general have undertaken11
an investigation of Gilbert Memorial Park from 2007 through 2012 which has identified12
incomplete interment records for the cemetery from at least 1990 through the present; and13
WHEREAS, the investigation led directly to the removal of Mr. Lymus Washington14
as the operator of Gilbert Memorial Park by injunction in 2012 and the institution of a15
receivership for the cemetery by court order under the direction of People Achieving16
Community Empowerment, Inc., in 2013, to administer, manage, and oversee all affairs of17
the cemetery; and18 SCR NO. 111
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WHEREAS, the lack of records kept by Mr. Washington during his tenure as the1
operator of Gilbert Memorial Park has left many descendants with no information regarding2
the final resting place of their loved ones; and3
WHEREAS, the final resting places of anyone interred in Louisiana is required,4
under R.S. 40:52 and La. Admin Code. tit. 48, pt. V, §12311, to be recorded on a burial5
transit permit which is lodged and filed with the Vital Records Registry of the Office of6
Public Health of the Department of Health and Hospitals; and7
WHEREAS, many Louisiana death certificates, under R.S. 40:49 and La. Admin8
Code. tit. 48, pt. V, §12307, issued by the Vital Records Registry of the Office of Public9
Health of the Department of Health and Hospitals indicate the final resting place of the10
deceased; and11
WHEREAS, a compilation of such documents which indicate that Gilbert Memorial12
Park is the final resting place of individuals will provide some measure of closure to many13
descendants of those buried in that cemetery; and14
WHEREAS, a compilation of such information will assist the receiver and any15
subsequent operator of Gilbert Memorial Park in reconstructing the records of the cemetery;16
and17
WHEREAS, for these reasons it is necessary and appropriate that the Department of18
Health and Hospitals, Office of the Attorney General, and Louisiana Cemetery Board take19
all appropriate actions and work in conjunction as necessary to provide information20
identifying persons interred in Gilbert Memorial Park.21
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby22
urge and request the Department of Health and Hospitals to assist the attorney general, the23
board, and any subsequent owner of the cemetery in compiling information appropriate and24
necessary in reconstructing the records of the cemetery.25
BE IT FURTHER RESOLVED that the Department of Health and Hospitals shall26
also transmit information as appropriate to the Office of the Attorney General for the27
purpose of determining whether further action by the attorney general is warranted regarding28
Gilbert Memorial Park.29
BE IT FURTHER RESOLVED that the Department of Health and Hospitals, Office30 SCR NO. 111
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of the Attorney General, Louisiana Cemetery Board, and the state-appointed receiver1
managing Gilbert Memorial Park shall work in conjunction to determine the most2
appropriate and readily available means, including public service announcements and other3
communications, to make information available to families and loved ones regarding persons4
determined to be interred in Gilbert Memorial Park. 5
BE IT FURTHER RESOLVED that in order to facilitate and ensure maximum6
community involvement and public participation in such communications, the department,7
Cemetery Board, and attorney general shall consult on a regular basis and seek the advice8
of a board, to be known as the Lillian Jackson Memorial Board, composed of the following9
persons who shall serve without compensation or reimbursement for expenses:10
(1) A member of the Senate who represents the area which encompasses Gilbert11
Memorial Park, or his designee.12
(2) A member of the House of Representatives who represents the area which13
encompasses Gilbert Memorial Park, or his designee.14
(3) The East Baton Rouge Parish mayor-president, or his designee.15
(4) A member of the East Baton Rouge Metropolitan Council who represents the area16
which encompasses Gilbert Memorial Park, or his designee.17
(5) One member of the clergy appointed by a majority vote of the board members18
provided in (1) through (4) herein.19
(6) One family member of a loved one buried in Gilbert Memorial Park appointed20
by a majority vote of the board members provided in (1) through (4) herein.21
(7) One at-large member to be elected by a majority vote of the board members22
provided in (1) through (6) from a list of individuals nominated by the board members23
provided in (1) through (4) herein.24
BE IT FURTHER RESOLVED that the Department of Health and Hospitals, Office25
of the Attorney General, Louisiana Cemetery Board, and the state-appointed receiver26
managing Gilbert Memorial Park are hereby urged and requested, in consultation with the27
Lillian Jackson Memorial Board, to take all appropriate action on behalf of the state to28
recognize, honor, and commemorate those interred in Gilbert Memorial Park, including the29
acceptance of donations from any source in the form of money, materials, labor, and30 SCR NO. 111
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maintenance for the purpose of erecting a commemorative marker in Gilbert Memorial Park.1
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the2
secretary of the Department of Health and Hospitals, the attorney general, and the director3
of the Louisiana Cemetery Board.4
The original instrument was prepared by Michelle Ducharme. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Michael Bell.
DIGEST
Dorsey-Colomb	SCR No. 111
Requests the Department of Health and Hospitals ("DHH"), Office of the Attorney General,
and La. Cemetery Board to take all appropriate action and work in conjunction as necessary
to provide information identifying persons interred in Gilbert Memorial Park.
Provides that these entities and the state-appointed receiver managing Gilbert Memorial Park
shall work in conjunction to determine the most appropriate and readily available means,
including public service announcements and other communications, to make information
available to families and loved ones regarding persons determined to be interred in Gilbert
Memorial Park. To facilitate such communication and ensue maximum community
involvement, creates the Lillian Jackson Memorial Board that shall consist of the following
members:
(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 members of the board shall serve without compensation or reimbursement
for expenses.
Provides that the Department of Health and Hospitals, Office of the Attorney General,
Louisiana Cemetery Board, and the state-appointed receiver managing Gilbert Memorial
Park are hereby urged and requested, in consultation with the Lillian Jackson Memorial
Board, to take all appropriate action on behalf of the state to recognize, honor, and
commemorate those interred in Gilbert Memorial Park, including the acceptance of
donations from any source in the form of money, materials, labor, and maintenance for the
purpose of erecting a commemorative marker in Gilbert Memorial Park. SCR NO. 111
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Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Commerce, Consumer
Protection, and International Affairs to the original bill
1. Revises language relative to the Lillian Jackson Memorial Board as an
advisory board.
2. Revises language relative to DHH to request it to assist the attorney general,
the board, and any subsequent owner of the cemetery in compiling
information appropriate and necessary in reconstructing the records of the
cemetery.
3. Requests DHH, the Office of the Attorney General, the La. Cemetery Board,
the state-appointed receiver, in consultation with the Lillian Jackson
Memorial Board, to take all appropriate action on behalf of the state to
recognize, honor, and commemorate those interred in Gilbert Memorial Park,
including the acceptance of donations from any source in the form of money,
materials, labor, and maintenance for the purpose of erecting a
commemorative marker in Gilbert Memorial Park.