Louisiana 2016 Regular Session

Louisiana House Bill HB1114 Latest Draft

Bill / Introduced Version

                            HLS 16RS-2156	ORIGINAL
2016 Regular Session
HOUSE BILL NO. 1114
BY REPRESENTATIVE GLOVER
MUSEUMS:  Transfers the Shreveport Water Works Museum and the Spring Street
Historical Museum from the Department of State to the Department of Culture,
Recreation and Tourism
1	AN ACT
2To amend and reenact R.S. 25:380.101(A), 380.102(A), (C)(1), and (E), 380.103(B)(5),
3 380.104, 380.105(A), 380.121(A),  380.122(A), (C), and (E), 380.123(B)(5),
4 380.124, 380.125(A) and R.S. 36:801.17(A), (C), and (D)(1) and 801.19(A), (C), and
5 (D)(1), to enact R.S. 36:209(AA) and (BB), and to repeal R.S. 36:744(X) and (Z),
6 relative to the Shreveport Water Works Museum and the Spring Street Historical
7 Museum; to place the Shreveport Water Works Museum and the Spring Street
8 Historical Museum under the jurisdiction of the Department of Culture, Recreation
9 and Tourism; to provide relative to the powers and duties of the lieutenant governor;
10 to provide relative to the powers and duties of the secretary of state; to place the
11 governing board of the Shreveport Water Works Museum within the Department of
12 Culture, Recreation and Tourism; to place the governing board of the Spring Street
13 Historical Museum within the Department of Culture, Recreation and Tourism; and
14 to provide for related matters.
15Be it enacted by the Legislature of Louisiana:
16 Section 1.  R.S. 25:380.101(A), 380.102(A), (C)(1), and (E), 380.103(B)(5), 380.104,
17380.105(A), 380.121(A),  380.122(A), (C), and  (E), 380.123(B)(5), 380.124, 380.125(A)
18are hereby amended and reenacted to read as follows: 
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HB NO. 1114
1 §380.101.  Establishment and location; purpose and use
2	A.  The Shreveport Water Works Museum is established as a facility in the
3 city of Shreveport, parish of Caddo, under the overall jurisdiction of the Department
4 of State Culture, Recreation and Tourism as more specifically provided in this
5 Chapter and in R.S. 36:801.17.
6	*          *          *
7 §380.102.  Governing board; creation; domicile; appointment and compensation of
8	members
9	A.  The governing board of the Shreveport Water Works Museum is hereby
10 created in the Department of State Culture, Recreation and Tourism.
11	*          *          *
12 C.  The board shall be comprised of  the following members:
13	(1)  Fifteen members who have a knowledge of and an interest in engineering
14 and the history of municipal waterworks shall be appointed by the secretary of state
15 lieutenant governor to serve four-year terms concurrent with the lieutenant governor.
16	*          *          *
17	E.  Each appointment made by the secretary of state lieutenant governor shall
18 be subject to confirmation by the Senate.
19	*          *          *
20 §380.103.  Duties and powers of the board
21	*          *          *
22	B.  The board shall:
23	*          *          *
24	(5)  Advise the secretary of state lieutenant governor on all matters relating
25 to the operations of the Shreveport Water Works Museum.
26	*          *          *
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HB NO. 1114
1 §380.104.  Operating funds; appropriations by the legislature
2	A.(1)  The Department of State Culture, Recreation and Tourism shall
3 include in its annual budget request, required by R.S. 39:32, a request for funds
4 necessary for support of the Shreveport Water Works Museum.  The governor shall
5 include in the executive budget submitted to the legislature sufficient funding for the
6 support of operations of the museum.
7	(2)  The board, with the approval of the secretary of state lieutenant governor,
8 shall employ, appoint, remove, and fix the term, compensation, and responsibilities
9 of a museum chief administrative officer and a museum director.  The museum
10 director may also serve as the museum chief administrative officer.
11	B.  Funds appropriated by the legislature to the Department of State Culture,
12 Recreation and Tourism for operation of the Shreveport Water Works Museum shall
13 be used solely for that purpose.  No administrative costs of any kind shall be charged
14 by the Department of State Culture, Recreation and Tourism for any services
15 associated with placement of the museum within the jurisdiction of the department.
16	C.(1)  If sufficient funds necessary for the operation of the Shreveport Water
17 Works Museum are not appropriated by the legislature, and funds from other local,
18 public, or private sources are not available for this purpose, the Department of State
19 Culture, Recreation and Tourism is authorized to temporarily close the museum to
20 the public until such time as sufficient funds necessary for the operation of the
21 museum are appropriated by the legislature.  The Department of State Culture,
22 Recreation and Tourism shall maintain the museum during any period of temporary
23 closure.
24	(2)  The Department of State Culture, Recreation and Tourism may accept
25 and use, in accordance with law, gifts, grants, bequests, donations, endowments, or
26 funds from any public or private source to support the operations of the museum.
27 §380.105.  Donations and loans; disposition of property
28	A.  The Department of State Culture, Recreation and Tourism and the board,
29 jointly or separately, may solicit and accept funds, governmental grants, donations,
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HB NO. 1114
1 and contributions of lands, buildings, monies, artifacts, relics, video recordings,
2 motion picture films, books and papers, pictures and photographs, documents, works
3 of art, or other property on behalf of and as additions to the Shreveport Water Works
4 Museum either in the form of loans or in the form of donations inter vivos or mortis
5 causa, and the Department of State Culture, Recreation and Tourism may acquire
6 them by purchase, lease, or otherwise, subject to the terms, conditions, or limitations
7 contained in the instrument by which such property is acquired.  However, the board
8 may enter into any and all contracts with any person, lender, or donor that it may
9 deem fit, proper, and necessary to accept and receive such lands, buildings, monies,
10 artifacts, relics, video recordings, motion picture films, books and papers, pictures
11 and photographs, documents, works of art, or other property on behalf of and as
12 additions to the Shreveport Water Works Museum.  The museum may serve as the
13 beneficiary of any public trust heretofore or hereafter created for such purpose
14 pursuant to the provisions of R.S. 9:2341 et seq.
15	*          *          *
16 §380.121.  Establishment and location; purpose and use
17	A.  The Spring Street Historical Museum is established as a facility in the city
18 of Shreveport, parish of Caddo, under the overall jurisdiction of the Department of
19 State Culture, Recreation and Tourism as more specifically provided in this Chapter
20 and in R.S. 36:801.19.
21	*          *          *
22 §380.122.  Governing board; creation; domicile; appointment and compensation of
23	members
24	A.  The governing board of the Spring Street Historical Museum is hereby
25 created in the Department of State Culture, Recreation and Tourism.
26	*          *          *
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HB NO. 1114
1	C.  The board shall be comprised of  the following members:
2	(1)  Fifteen members who have a knowledge of and an interest in the
3 purposes of the museum shall be appointed by the secretary of state lieutenant
4 governor to serve four-year terms concurrent with the lieutenant governor.
5	(2)  The chairperson of the Shreveport Committee of the Colonial Dames of
6 America in the state of Louisiana, the secretary of state lieutenant governor or his
7 designee, the museum chief administrative officer, and the museum director, if any,
8 shall each be ex officio members of the board.
9	*          *          *
10	E.  Each appointment made by the secretary of state lieutenant governor shall
11 be subject to confirmation by the Senate.
12	*          *          *
13 §380.123.  Duties and powers of the board
14	*          *          *
15	B.  The board shall:
16	*          *          *
17	(5)  Advise the secretary of state lieutenant governor on all matters relating
18 to the operations of the Spring Street Historical Museum.
19	*          *          *
20 §380.124.  Operating funds; appropriations by the legislature
21	A.(1)  The Department of State Culture, Recreation and Tourism shall
22 include in its annual budget request, required by R.S. 39:32, a request for funds
23 necessary for support of the Spring Street Historical Museum.  The governor shall
24 include in the executive budget submitted to the legislature sufficient funding for the
25 support of operations of the museum.
26	(2)  The board, with the approval of the secretary of state lieutenant governor,
27 shall employ, appoint, remove, and fix the term, compensation, and responsibilities
28 of a museum chief administrative officer and a museum director.  The museum
29 director may also serve as the museum chief administrative officer.
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HB NO. 1114
1	B.  Funds appropriated by the legislature to the Department of State Culture,
2 Recreation and Tourism for operation of the Spring Street Historical Museum shall
3 be used solely for that purpose.  No administrative costs of any kind shall be charged
4 by the Department of State Culture, Recreation and Tourism for any services
5 associated with placement of the museum within the jurisdiction of the department.
6	C.(1)  If sufficient funds necessary for the operation of the Spring Street
7 Historical Museum are not appropriated by the legislature, and funds from other
8 local, public, or private sources are not available for this purpose, the Department of
9 State Culture, Recreation and Tourism is authorized to temporarily close the museum
10 to the public until such time as sufficient funds necessary for the operation of the
11 museum are appropriated by the legislature.  The Department of State Culture,
12 Recreation and Tourism shall maintain the museum during any period of temporary
13 closure.
14	(2)  The Department of State Culture, Recreation and Tourism may accept
15 and use, in accordance with law, gifts, grants, bequests, donations, endowments, or
16 funds from any public or private source to support the operations of the museum.
17 §380.125.  Donations and loans; disposition of property
18	A.  The Department of State Culture, Recreation and Tourism and the board,
19 jointly or separately, may solicit and accept funds, governmental grants, donations,
20 and contributions of lands, buildings, monies, artifacts, relics, video recordings,
21 motion picture films, books and papers, pictures and photographs, documents, works
22 of art, or other property on behalf of and as additions to the Spring Street Historical
23 Museum either in the form of loans or in the form of donations inter vivos or mortis
24 causa, and the Department of State Culture, Recreation and Tourism may acquire
25 them by purchase, lease, or otherwise, subject to the terms, conditions, or limitations
26 contained in the instrument by which such property is acquired.  However, the board
27 may enter into any and all contracts with any person, lender, or donor that it may
28 deem fit, proper, and necessary to accept and receive such lands, buildings, monies,
29 artifacts, relics, video recordings, motion picture films, books and papers, pictures
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HB NO. 1114
1 and photographs, documents, works of art, or other property on behalf of and as
2 additions to the Spring Street Historical Museum.  The museum may serve as the
3 beneficiary of any public trust heretofore or hereafter created for such purpose
4 pursuant to the provisions of R.S. 9:2341 et seq.
5	*          *          *
6 Section 2.  R.S. 36:801.17(A), (C), and (D)(1) and 36:801.19(A), (C), and (D)(1) are
7hereby amended and reenacted and R.S. 36:209(AA) and (BB) are hereby enacted to read
8as follows:
9 §209.  Transfer of boards, commissions, departments, and agencies to Department
10	of Culture, Recreation and Tourism
11	*          *          *
12	AA.  The Shreveport Water Works Museum (R.S. 25:380.101 et seq.) and its
13 governing board are placed within the Department of Culture, Recreation and
14 Tourism as provided in R.S. 36:801.17.
15	BB.  The Spring Street Historical Museum (R.S. 25:380.121 et seq.) and its
16 governing board are placed within the Department of Culture, Recreation and
17 Tourism as provided in R.S. 36:801.19.
18	*          *          *
19 §801.17.  Governing board of the Shreveport Water Works Museum
20	A.(1)  The Shreveport Water Works Museum is hereby placed within the
21 Department of State Culture, Recreation and Tourism, subject to the provisions of
22 this Section and Chapter 5-M of Title 25 of the Louisiana Revised Statutes of 1950.
23	(2)  The governing board of the Shreveport  Water Works Museum is hereby
24 placed within the Department of State Culture, Recreation and Tourism and shall
25 exercise all powers, duties, functions, and responsibilities provided or authorized for
26 it by law which are in the nature of policymaking, rulemaking, regulation,
27 enforcement, or adjudication.  The board shall exercise all advisory powers, duties,
28 and functions provided for it by law.  The board shall administer and implement all
29 programs provided or authorized by law for it or for the Shreveport Water Works
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HB NO. 1114
1 Museum.  The board shall exercise the powers, duties, functions, and responsibilities
2 and shall administer and implement the programs authorized by this Section
3 independently of the secretary, except as otherwise provided in this Section.  The
4 board shall be responsible for the performance and administration of its day-to-day
5 operations, except that the secretary lieutenant governor of the Department of State
6 Culture, Recreation and Tourism shall be responsible for those matters which are in
7 the nature of capital outlay, accounting, payroll, budget control, procurement, data
8 processing, and personnel management and shall have the authority to transfer or
9 implement any or all of said functions through the secretary lieutenant governor and
10 the department.  Except as provided in R.S. 25:380.104(A)(2), the secretary of state
11 lieutenant governor shall employ, appoint, fix the compensation of, remove, assign,
12 and promote such personnel as is necessary for the efficient administration of the
13 museum in accordance with civil service laws, rules, and regulations.
14	*          *          *
15	C.  The board may solicit and accept gifts and donations for the purposes of
16 the Shreveport Water Works Museum.  Any funds so accepted may be expended by
17 the board or by the Department of State Culture, Recreation and Tourism as
18 otherwise provided by law.
19	D.(1)  The provisions of R.S. 36:810 and 811 shall be applicable to the
20 museum and its governing board placed within the Department of State Culture,
21 Recreation and Tourism by this Section.
22	*          *          *
23 §801.19.  Governing board of the Spring Street Historical Museum
24	A.(1)  The Spring Street Historical Museum is hereby placed within the
25 Department of State Culture, Recreation and Tourism, subject to the provisions of
26 this Section and Chapter 5-O of Title 25 of the Louisiana Revised Statutes of 1950.
27	(2)  The governing board of the Spring Street Historical Museum is hereby
28 placed within the Department of State Culture, Recreation and Tourism and shall
29 exercise all powers, duties, functions, and responsibilities provided or authorized for
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HB NO. 1114
1 it by law which are in the nature of policymaking, rulemaking, regulation,
2 enforcement, or adjudication.  The board shall exercise all advisory powers, duties,
3 and functions provided for it by law.  The board shall administer and implement all
4 programs provided or authorized by law for it or for the Spring Street Historical
5 Museum.  The board shall exercise the powers, duties, functions, and responsibilities
6 and shall administer and implement the programs authorized by this Section
7 independently of the secretary lieutenant governor, except as otherwise provided in
8 this Section.  The board shall be responsible for the performance and administration
9 of its day-to-day operations, except that the secretary of state lieutenant governor
10 shall be responsible for those matters which are in the nature of capital outlay,
11 accounting, payroll, budget control, procurement, data processing, and personnel
12 management and shall have the authority to transfer or implement any or all of said
13 functions through the secretary lieutenant governor and the department.  Except as
14 provided in R.S. 25:380.124(A)(2), the secretary of state lieutenant governor shall
15 employ, appoint, fix the compensation of, remove, assign, and promote such
16 personnel as is necessary for the efficient administration of the museum in
17 accordance with civil service laws, rules, and regulations.
18	*          *          *
19	C.  The board may solicit and accept gifts and donations for the purposes of
20 the Spring Street Historical Museum.  Any funds so accepted may be expended by
21 the board or by the Department of State Culture, Recreation and Tourism as
22 otherwise provided by law.
23	D.(1)  The provisions of R.S. 36:810 and 811 shall be applicable to the
24 museum and its governing board placed within the Department of State Culture,
25 Recreation and Tourism by this Section.
26	*          *          *
27 Section 3.  R.S. 36:744(X) and (Z) are hereby repealed in their entirety.
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HB NO. 1114
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)]
HB 1114 Original 2016 Regular Session	Glover
Abstract:  Transfers the Shreveport Water Works Museum and the Spring Street Historical
Museum to the jurisdiction of the Department of Culture, Recreation and Tourism.
Present law provides for the establishment of the Shreveport Water Works Museum as a
facility in the city of Shreveport, parish of Caddo, under the jurisdiction of the Dept. of State. 
Further provides for the creation of the governing board of the Shreveport Water Works
Museum in the Dept. of State.  Also provides for the powers and duties of the Dept. of State
relative to the funding, maintenance, and operation of the Shreveport Water Works Museum.
Present law provides for the establishment of the Spring Street Historical Museum under the
jurisdiction of the Dept. of State.  Further provides for the creation of the governing board
of the Spring Street Historical Museum in the Dept. of State.  Also provides for the powers
and duties of the Dept. of State relative to the funding, maintenance, and operation of the
Spring Street Historical Museum.
Proposed law provides for removing the Shreveport Water Works Museum from the
jurisdiction of the Dept. of State.  Further provides for placing the Shreveport Water Works
Museum under the jurisdiction of the Dept. of Culture, Recreation and Tourism.  Provides
for placing the governing board of the Shreveport Water Works Museum within the Dept.
of Culture, Recreation and Tourism.  Also provides for replacing the secretary of state with
the lieutenant governor as the individual who is authorized to carry out certain powers and
functions relative to the board.
Proposed law provides for removing the Spring Street Historical Museum from the
jurisdiction of the Dept. of State.  Further provides for placing the Spring Street Historical
Museum under the jurisdiction of the Dept. of Culture, Recreation and Tourism.  Provides
for placing the governing board of the Spring Street Historical Museum within the Dept. of
Culture, Recreation and Tourism.  Also provides for replacing the secretary of state with the
lieutenant governor as the individual who is authorized to carry out certain powers and
functions relative to the board.
(Amends R.S. 25:380.101(A), 380.102(A), (C)(1), and (E), 380.103(B)(5), 380.104,
380.105(A), 380.121(A),  380.122(A), (C), and (E), 380.123(B)(5), 380.124, 380.125(A),
36:801.17(A), (C), and (D)(1), and 801.19(A), (C), and (D)(1); Adds R.S. 36:209(AA) and
(BB); Repeals R.S. 36:744(X) and (Z))
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