reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 25 - Libraries, Museums, and Other Scientific › §25:898. Establishment under Louisiana State Arts Council; crafts panel; logo; use

RS 25:898 - Establishment under Louisiana State Arts Council; crafts panel; logo; use
A. The Louisiana State Arts Council shall be responsible for administration of the juried Louisiana native crafts program and shall advise the governor, the secretary of the Department of Culture, Recreation and Tourism, and the assistant secretary of the office of cultural development relative to the program. To assist in administration of the program, the council shall utilize the division of the arts, as further provided in R.S. 25:900, and shall appoint a crafts panel.
B.(1) The crafts panel shall be composed of eight persons who shall be appointed by the council and serve at its pleasure. Four members shall be persons with demonstrated knowledge and interest in crafts as an artistic endeavor or designees of private or public entities for promotion of fine arts and shall include at least one professional craftsman and a designee of the Louisiana Black Culture Commission. The other four members shall be persons knowledgeable of the marketing of quality crafts or designees of such associations as the Louisiana Chapter of the American Society of Interior Designers, the Louisiana Home Furnishing Association, and the Louisiana Crafts Council.
(2) The panel shall act as a quality control entity by advising the council as to which crafts are of such merit and proven consistency to bear the hallmark of the logo of juried Louisiana native crafts. Recommendations of the panel shall be based upon a process of selectively jurying crafts established by rules of the council. Additionally, the panel may accept on an annual basis any craft juried by the Louisiana Crafts Council and designated as a mastercraft provided that such craft has the potential to be marketed and distributed on a commercial basis.
C. The council shall be the sole authority to approve the use, and to disallow the continued use, of the logo assuring the quality of a Louisiana craftsperson's craft. Subsequent to such approval, the council shall, by contractual agreement, authorize the craftsperson to affix on each craft item a hallmark which shall be the approved logo signifying quality.
Acts 1986, No. 588, §1.
{{NOTE: SEE ACTS 1986, NO. 588, §4, REGARDING EFFECTIVENESS.}}
2023 Louisiana Laws › Revised Statutes › Title 25 - Libraries, Museums, and Other Scientific › §25:899. Logo; competition; trademark

RS 25:899 - Logo; competition; trademark
A. The logo shall be a design used as a hallmark on any approved juried Louisiana native craft signifying quality.
B. The Louisiana State Arts Council shall allocate to itself an amount not to exceed five thousand dollars, plus administrative expenses not to exceed fifteen percent, in Fiscal Year 1986-87 for a juried logo competition. The council, with the advice of the crafts panel, shall select the design from among competitors for the exclusive use of the Louisiana State Arts Council and shall award the winner the cash award upon the assigned agreement that the design, and any derivative thereof, is solely, exclusively, and perpetually the property of the state of Louisiana under the control and auspices of the council.
C. The council shall register the logo as a trademark.
D. The council may, but no more frequently than every five years, conduct another competition for a new logo, which shall be conducted as provided in this Section.
E. Participation in the competition shall be limited to residents of Louisiana.
Acts 1986, No. 588, §1.
{{NOTE: SEE ACTS 1986, NO. 588, §4, REGARDING EFFECTIVENESS.}}
2023 Louisiana Laws › Revised Statutes › Title 25 - Libraries, Museums, and Other Scientific › §25:900. Division of the arts; functions related to juried Louisiana native crafts program

RS 25:900 - Division of the arts; functions related to juried Louisiana native crafts program
A. The division shall be authorized to perform the following:
(1) Publish on a regular, periodic basis a newsletter on the commercial, technical, and trade aspects of arts and crafts, for a reasonable fee to cover costs.
(2) Compile and distribute a catalogue of juried Louisiana native crafts bearing the hallmark of the approved logo. The division shall update the catalogue on a regular biennial basis. The catalogue shall include a directory of craftspersons and locations of outlets selling their crafts.
(3) Hold annually and promote an indoor juried show or fair of Louisiana native crafts on a statewide basis.
B. The division is authorized to cooperate with or contract with any recognized private sector or nonprofit organization to execute any or all of the functions of Subsection A of this Section.
C. The division shall perform the following:
(1) Conduct workshops and seminars on the technical business aspects of finance, marketing, promotion, advertising, and distribution of crafts as a small business.
(2) Encourage the formation of a Louisiana chapter of the National Association of Cottage Industries using an existing, recognized statewide crafts organization.
(3) Work closely with the office of tourism to incorporate into the annual statewide master plan for marketing tourism events highlighting Louisiana crafts and craftspersons.
(4) Work with the office of state parks and the office of the state museum to promote, display, and offer to sell, either directly or through their vendors or support auxiliary organizations, juried Louisiana native crafts bearing the hallmark of the quality-control logo, on a consignment or wholesale basis.
(5) Work with the Department of Wildlife and Fisheries to include features and other information on Louisiana crafts and craftspersons in existing publications of that department on a monthly basis.
(6) Doing whatever is necessary and proper to implement the juried Louisiana native crafts program.
Acts 1986, No. 588, §1; Acts 1991, No. 490, §2, eff. July 15, 1991; Acts 2001, No. 8, §6, eff. July 1, 2001.
{{NOTE: SEE ACTS 1986, NO. 588, §4, REGARDING EFFECTIVENESS.}}
2023 Louisiana Laws › Revised Statutes › Title 25 - Libraries, Museums, and Other Scientific › §25:901. Louisiana National Register Review Committee; creation; functions; purposes; duties

RS 25:901 - Louisiana National Register Review Committee; creation; functions; purposes; duties
The Louisiana National Register Review Committee, which shall be referred to as the committee for the purposes of this Chapter, is hereby created and established in the Department of Culture, Recreation and Tourism as an agency of the state. The committee is established pursuant to requirements of the U.S. Heritage Conservation Recreation Service in implementing the National Historic Preservation Act of 1966 (Public Law 89-665, as amended)1 that each state establish such a state review committee. The purpose of the committee is to promote the goals and objectives of the Louisiana Department of Culture, Recreation and Tourism and to act in an advisory capacity to that department and to the state historic preservation officer in their administration of this Chapter, and in matters relating to the conservation, preservation and restoration of the historic resources of Louisiana, with operating procedures established by the state historic preservation officer. The committee will recommend to the state historic preservation officer nominations to both the National Register of Historic Places and to the State Historic Preservation Plan Report before such plan is submitted to the Heritage Conservation and Recreation Service. Furthermore, the committee may be requested to advise the state historic preservation officer on any other matters pertaining to historic preservation.
Added by Acts 1979, No. 661, §1, eff. July 18, 1979.
116 U.S.C.A. §470 et seq.
2023 Louisiana Laws › Revised Statutes › Title 25 - Libraries, Museums, and Other Scientific › §25:911. Division of historic preservation; creation

RS 25:911 - Division of historic preservation; creation
There is hereby created, within the office of cultural development of the Department of Culture, Recreation and Tourism, the division of historic preservation, which shall be referred to as the "division" for purposes of this Chapter. The division shall serve as the staff of the appointed state historic preservation officer for federal programs that pertain to historic buildings, structures, and places as such appointment is required by the National Historic Preservation Act, 16 U.S.C. 470 et seq. It will also serve in this capacity regarding the state historic preservation officer's responsibilities under federal and state laws as provided in this Chapter.
Acts 1997, No. 785, §1.
2023 Louisiana Laws › Revised Statutes › Title 25 - Libraries, Museums, and Other Scientific › §25:912. Duties and responsibilities

RS 25:912 - Duties and responsibilities
The division shall have the following duties and responsibilities:
(1) Nominating Louisiana properties to the National Register of Historic Places in accordance with 16 U.S.C. 470 et seq. and R.S. 25:901 and 902.
(2) Compiling and maintaining a survey of all buildings in the state which are over fifty years old.
(3) Reviewing applications for the federal historic preservation tax credit program pursuant to 26 U.S.C. 47.
(4) Developing a comprehensive statewide historic preservation plan to be approved by the state historic preservation officer and updated from time to time.
(5) Administering the certified local government program pursuant to 16 U.S.C. 470a.
(6) Administering the Louisiana component of the historic American buildings survey program in accordance with 16 U.S.C. 470a.
(7) Reviewing federal projects and federally assisted or licensed projects for their impact upon historic buildings and places under provisions of Section 106 of the National Historic Preservation Act, 16 U.S.C. 470f.
(8) Reviewing applications for the state historic preservation tax incentive program established by R.S. 47:4311 et seq.
(9) Reviewing projects in the State Capitol Historic District for issues concerning buildings, furnishings, and grounds of the district pursuant to R.S. 25:781 et seq.
(10) Performing all other functions relative to historic preservation as required by federal or state law.
(11) Establishing and implementing the main street historic downtown revitalization program in Louisiana as developed by the National Trust for Historic Preservation.
(12) Implementing a program of activities that will make information about the historic resources of the state available to the public. This shall include but shall not be limited to publications, press releases, periodicals, exhibits, teaching materials, lecturers, and other public presentations.
(13) Providing for the management of all Federal Historic Preservation Fund monies and state funds allocated for grants for the purpose of historic preservation.
(14) Under guidance of a professional architectural historian, developing and implementing a program to provide public financial assistance for the preservation and enhancement of designated historic structures, both public and private.
(15) Establishing and maintaining a register of historic cemeteries located in Louisiana in accordance with the provisions of R.S. 25:914.
Acts 1997, No. 785, §1; Acts 2008, No. 600, §1, eff. June 30, 2008.
2023 Louisiana Laws › Revised Statutes › Title 25 - Libraries, Museums, and Other Scientific › §25:913. Organization and functions

RS 25:913 - Organization and functions
A. The division shall be supervised by a director which position is hereby created. The director may provide for any deputy directors and such subdivision supervisory units as may be needed. Qualifications for the director shall be established as provided by applicable civil service law and rules.
B. The division shall promulgate reasonable rules and regulations, in accordance with the Administrative Procedure Act, R.S. 49:950 et seq., to carry out the authority granted to the division by this Chapter.
C. The state historic preservation officer shall exercise full signatory authority for all official documents relating to the provisions of federal and state law referenced in this Chapter and shall specify the signatory authority of any deputy historic preservation officers who may be appointed.
D. Under authority of the state historic preservation officer, the division may enter into contracts and agreements with the United States or any appropriate agency thereof, the state of Louisiana or any appropriate agency thereof, any parish or municipal governing authority, or any private group or individual to further the goals of the state's historic preservation programs.
E. Under the authority of the state historic preservation officer, the division may accept facade easements and servitudes and may enter into protective memoranda of agreement with public and private owners of real property.
F. The division may accept gifts, grants, devices, and bequests.
Acts 1997, No. 785, §1.
2023 Louisiana Laws › Revised Statutes › Title 25 - Libraries, Museums, and Other Scientific › §25:914. Louisiana Register of Historic Cemeteries

RS 25:914 - Louisiana Register of Historic Cemeteries
A. The division shall be responsible for establishing and maintaining a register of historic cemeteries located in Louisiana in accordance with the provisions of this Section. The register shall be known as the Louisiana Register of Historic Cemeteries. The register shall be established and maintained for the purpose of recognizing cemeteries as being among the most valuable historic resources of the state of Louisiana as cemeteries can reveal information about the historic events, religion, lifestyles, and genealogy of a local community.
B. The division shall establish an application process by which a cemetery may be nominated to the division for placement on the state register. A cemetery may be nominated by any person, agency, organization, or political subdivision of the state of Louisiana. The division shall make an application for nomination available to any person who requests such application.
C. No cemetery shall be considered for placement on the state register unless it is at least fifty years old, or contains the burial of a person of local, state, or national importance by reason of civic, public or military service, cultural achievement, or historical significance, or contains structures that are considered architecturally significant. Any person, agency, organization, or political subdivision nominating a cemetery to the division for inclusion on the state register shall submit photographs, maps, and any historical data regarding the significance of any such cemetery. The division shall promulgate such rules and regulations for the nomination, review, and approval of any application submitted pursuant to this Section in accordance with the provisions of R.S. 25:913(B).
D. The division may cooperate with all departments, commissions, boards, agencies, officers, and institutions of the state and all political subdivisions thereof in carrying out the purposes of this Section.
Acts 2008, No. 600, §1, eff. June 30, 2008.
2023 Louisiana Laws › Revised Statutes › Title 25 - Libraries, Museums, and Other Scientific › §25:932. Legislative declaration of intent

RS 25:932 - Legislative declaration of intent
The legislature hereby finds the demolition, destruction, and damage of historic cemeteries and isolated graves a disrespectful practice. The legislature further finds that existing state laws do not provide for the adequate protection of historic cemeteries that are not under the jurisdiction of the Louisiana Cemetery Board, are not on state lands, and are not solely comprised of unmarked graves. Cemeteries are considered by most cultures to be sacred spaces. In addition to being resting places for our dead, many of Louisiana's cemeteries are repositories of significant examples of art, architecture, and archaeology as well as containing the history of their respective communities. The importance of cemeteries should not be taken lightly, as these significant elements represent a substantial tourist attraction for the state of Louisiana, and also present an endless source of data for historians, taphologists, anthropologists, archaeologists, and genealogists that collectively lead us to a better understanding of our own culture.
Acts 2010, No. 707, §1, eff. June 29, 2010.
2023 Louisiana Laws › Revised Statutes › Title 25 - Libraries, Museums, and Other Scientific › §25:933. Definitions

RS 25:933 - Definitions
The following words and phrases when used in this Chapter shall have the meanings given to them in this Section unless the context clearly indicates otherwise:
(1) "Abandoned cemetery" shall mean any cemetery which is no longer being used for interments, is not being maintained in good condition, and has fallen into a state of disrepair, including tombs and headstones that have collapsed or been destroyed, walls and fences that have fallen apart, and trees and bushes that have grown amongst and within grave spaces.
(2) Repealed by Acts 2016, No. 614, §5(A).
(3) "Artifact" shall mean any item of human manufacture or use that is associated with a historic cemetery or isolated grave.
(4) "Board" shall mean the Louisiana Cemetery Board.
(5) "Damage" shall mean the intentional or inadvertent hurt, harm, or injury to a component of a historic cemetery or to an isolated grave so as to lessen or destroy its historic, cultural, or scientific value.
(6) "Department" shall mean the Department of Culture, Recreation and Tourism.
(7) "Destruction" shall mean intentionally or inadvertently destroying components of a historic cemetery by violent disintegration of its fabric so as to reduce the components to ruin.
(8) "Division" shall mean the office of cultural development, division of archaeology, within the department.
(9) "Grave space" shall mean a grave, crypt, vault, niche, tomb, lawn crypt, or any other property used or intended to be used for the interment of human remains. The term shall also include any marker or other means of commemoration associated with the grave space.
(10) "Historic cemetery" shall mean any abandoned cemetery located in the state that is more than fifty years old and is not subject to the laws, rules, and regulations of the board or Chapter 10-A of Title 8 of the Louisiana Revised Statutes of 1950.
(11) "Human skeletal remains" shall mean any part of the body of a deceased human being in any stage of decomposition.
(12) "Isolated grave" shall mean any marked grave site that is not part of a larger cemetery and is not subject to the laws, rules, and regulations of the board or Chapter 10-A of Title 8 of the Louisiana Revised Statutes of 1950. The term shall also include groupings of multiple graves that are not part of a larger cemetery.
(13) "Modification" shall mean the altering of the original substance of a grave space.
(14) "Program" shall mean the Louisiana Historic Cemetery Preservation Program.
(15) "Unmarked burial site" shall have the same meaning as provided in R.S. 8:673.
(16) Repealed by Acts 2012, No. 834, §13, eff. July 1, 2012.
Acts 2010, No. 707, §1, eff. June 29, 2010; Acts 2012, No. 834, §§4 and 13, eff. July 1, 2012; Acts 2016, No. 614, §5A.
2023 Louisiana Laws › Revised Statutes › Title 25 - Libraries, Museums, and Other Scientific › §25:934. Louisiana Historic Cemetery Preservation Program

RS 25:934 - Louisiana Historic Cemetery Preservation Program
A. The Louisiana Historic Cemetery Preservation Program is hereby established within the Department of Culture, Recreation and Tourism. The program shall be established and maintained in the office of cultural development, division of archaeology. All budgeting, purchasing, and management functions shall be administered by the department.
B. The department may employ and remove personnel as may be necessary for the efficient administration of the program in accordance with applicable civil service law, rules, and regulations, and department policies.
Acts 2010, No. 707, §1, eff. June 29, 2010.
2023 Louisiana Laws › Revised Statutes › Title 25 - Libraries, Museums, and Other Scientific › §25:935. Powers and duties of the department

RS 25:935 - Powers and duties of the department
The department shall have the following powers and duties with respect to the program:
(1) To implement and enforce the provisions of this Chapter.
(2) To adopt such rules and regulations as are necessary to implement and to enforce the provisions of this Chapter. All rules and regulations shall be adopted in accordance with the Administrative Procedure Act, R.S. 49:950 et seq.
(3) To consult with all interested parties on occasions of planned or inadvertent destruction, damage, or modification of grave spaces within historic cemeteries or of isolated graves and to determine a proper course of action.
(4) To institute civil proceedings seeking injunctive or other relief to restrain and to prevent violations of this Chapter or the laws or administrative rules administered or enforced pursuant to this Chapter.
(5) To institute civil proceedings seeking restitution, payment of costs, or other monetary relief necessary to prevent, restore, or repair damage to grave spaces within historic cemeteries or to isolated graves.
(6) To issue permits for the disinterment and scientific study of human skeletal remains and artifacts found in or near historic cemeteries or isolated graves. The department may adopt rules and regulations to provide for the issuance of emergency permits by the state archaeologist. Provisional permits may be used by the department until such time as the program is staffed, and the department has adopted rules and regulations governing permitting.
(7) To charge an amount not in excess of the amount authorized in R.S. 8:676(A)(7) for each such permit. The monies collected from the issuance of permits, subject to applicable provisions of law, shall be used as provided for funds from civil damages as authorized by R.S. 25:938. However, the department shall not be required to charge a fee for any permit issued pursuant to this Chapter.
Acts 2010, No. 707, §1, eff. June 29, 2010.
2023 Louisiana Laws › Revised Statutes › Title 25 - Libraries, Museums, and Other Scientific › §25:936. Revocation or suspension of permits

RS 25:936 - Revocation or suspension of permits
A. The department may revoke or suspend any permit issued under the provisions of this Chapter upon a determination by the division that the holder of the permit has violated the provisions of this Chapter or the rules and regulations adopted pursuant to this Chapter, or has failed to meet the professional or occupational standards determined by the division, or has failed to ensure that the personnel employed by the holder of the permit meet the professional or occupational standards determined by the division.
B. Permits may be revoked or suspended only by a ruling of the department based on an adjudicatory hearing held in accordance with the provisions of the Administrative Procedure Act.
C. The department shall notify each person whose permit has been revoked or suspended, by certified mail, return receipt requested.
D. Each person whose permit has been revoked or suspended shall return the permit to the department within fifteen days of the date on which the notice of the revocation or suspension was received.
Acts 2010, No. 707, §1, eff. June 29, 2010.
2023 Louisiana Laws › Revised Statutes › Title 25 - Libraries, Museums, and Other Scientific › §25:937. Unlawful acts

RS 25:937 - Unlawful acts
A. It is unlawful for any person, entity, or group, to whom the department has not issued a permit, to knowingly:
(1) Disturb a historic cemetery or an isolated grave.
(2) Allow any person, entity, or group access to a historic cemetery or an isolated grave for the purpose of disturbing any such cemetery or grave.
(3) Provide funds to or for any person, entity, or group for the purpose of disturbing any historic cemetery or isolated grave.
B. Each violation of this Section shall be punishable upon conviction of a first offense by a fine of not more than five thousand dollars or imprisonment for not more than one year, or both. Upon conviction of a second or subsequent offense each violation shall be punishable by imprisonment for not more than two years or a fine of not more than ten thousand dollars, or both. Each disturbance of a historic cemetery or isolated grave constitutes a separate offense.
Acts 2010, No. 707, §1, eff. June 29, 2010.
2023 Louisiana Laws › Revised Statutes › Title 25 - Libraries, Museums, and Other Scientific › §25:938. Civil remedies

RS 25:938 - Civil remedies
A. The department may institute civil proceedings seeking injunctive relief to restrain and prevent violations of this Chapter or the laws or administrative rules administered or enforced by the department.
B. The department may also institute civil proceedings seeking civil damages from any person who knowingly violates any provision of R.S. 25:937. Civil damages shall include any or all of the following:
(1) Forfeiture of any and all equipment used in disturbing the historic cemetery or isolated grave.
(2) Payment of any and all costs incurred in cleaning and restoring the affected portions of the historic cemetery or the isolated grave.
(3) Payment of any and all costs associated with protecting the historic cemetery or isolated grave from further damage or in restoring the historic cemetery or isolated grave to its original condition.
(4) Payment of any and all costs associated with recovery of data, and analyzing, publishing, accessioning, and curating materials when the prohibited activity is so extensive as to preclude the restoration of the historic cemetery or isolated grave.
(5) Payment of any and all costs associated with the reinterment of the human skeletal remains.
(6) Payment of any and all costs associated with determining and collecting the civil damages, including but not limited to filing fees, attorney fees, court costs, fees associated with discovery and the testimony of expert witnesses, and collection costs.
C. The department may bring actions for injunctive relief or civil damages in either the district court for the parish of East Baton Rouge or in the district court where the historic cemetery or isolated grave is located.
D. The attorney general shall represent the department in all matters pertaining to the administration or enforcement of this Chapter, or both, except in those matters in which the department has employed special counsel. The department may employ and shall fix the compensation of such special counsel with the concurrence of the attorney general and in accordance with the laws and regulations regarding employment of special counsel.
E. Civil damages, except for attorney fees, recovered by the department, subject to applicable provisions of law, shall be used by the department to implement and enforce the provisions of this Chapter and to fund activities of the division in regard to restoration and protection of historic cemeteries and isolated graves, in accordance with regulations adopted by the department and other applicable laws. Attorney fees shall be paid to the Louisiana Department of Justice.
F. The provisions of this Chapter shall in no way limit the exercise of concurrent jurisdiction by other state agencies in the prosecution of criminal or civil lawsuits for violations of the provisions of this Chapter.
Acts 2010, No. 707, §1, eff. June 29, 2010.
2023 Louisiana Laws › Revised Statutes › Title 25 - Libraries, Museums, and Other Scientific › §25:939. Discovery of historic cemetery or isolated grave

RS 25:939 - Discovery of historic cemetery or isolated grave
A. Any person who has reason to believe he has discovered a historic cemetery or an isolated grave shall notify the department through the division within seventy-two hours of the discovery.
B. Any activity that may disturb the historic cemetery or isolated grave shall immediately cease upon discovery. No activity which shall disturb the historic cemetery or isolated grave shall resume until the department has issued a permit governing the disposition of the historic cemetery or isolated grave. In no event shall the department take longer than thirty days to decide on issuance of a permit without the written agreement of all parties.
Acts 2010, No. 707, §1, eff. June 29, 2010.
2023 Louisiana Laws › Revised Statutes › Title 25 - Libraries, Museums, and Other Scientific › §25:943. Exclusions

RS 25:943 - Exclusions
The provisions of this Chapter shall not apply to the following:
(1) A cemetery operated under the authority and regulation of the board.
(2) An unmarked burial site that is covered under the authority and regulation of the division or Chapter 10-A of Title 8 of the Louisiana Revised Statutes of 1950.
(3) Normal cleaning of grave spaces and grounds maintenance.
(4) Grave spaces within abandoned cemeteries that are less than fifty years old.
Acts 2010, No. 707, §1, eff. June 29, 2010.
2023 Louisiana Laws › Revised Statutes › Title 25 - Libraries, Museums, and Other Scientific › §25:952. Legislative findings and declaration of intent

RS 25:952 - Legislative findings and declaration of intent
The legislature hereby finds that Louisiana law has never permitted, recognized, or sanctioned ownership rights in human remains and that such materials are explicitly exempted from property concepts under both common and civil law. The legislature further finds that the trade in or commodification of human remains fosters the looting and desecration of cemeteries and other sacred sites. The legislature further finds that existing state laws do not adequately protect against the illicit trade in human remains and that such trade needs to be stemmed in order to minimize looting and desecration of cemeteries. The legislature also finds and declares that there is a need for a central state entity to manage the enforcement of human remains laws and that, because the attorney general is already the statutory counsel to the Louisiana Cemetery Board, as well as being charged with civil enforcement of the Louisiana Unmarked Human Burial Sites Preservation Act and the Louisiana Historic Cemetery Preservation Act, the attorney general is uniquely qualified to enforce and police all illicit transactions in and commodification of human remains contemplated by this Chapter.
Acts 2016, No. 531, §1, eff. June 17, 2016.
2023 Louisiana Laws › Revised Statutes › Title 25 - Libraries, Museums, and Other Scientific › §25:953. Definitions

RS 25:953 - Definitions
As used in this Chapter, the following terms shall have the following meanings unless the context clearly indicates otherwise:
(1) "Human remains" means the body or parts thereof of a deceased person and includes the body or parts thereof in any stage of decomposition, as well as cremated remains.
(2) "Possession" means the exercise of control over human remains.
(3) "Trade" means to distribute, to offer for sale, to offer for acquisition, to buy, to sell, to barter, to exchange, to give, to receive, to donate, or to bequest, whether by physical delivery or by subterfuge.
Acts 2016, No. 531, §1, eff. June 17, 2016.
2023 Louisiana Laws › Revised Statutes › Title 25 - Libraries, Museums, and Other Scientific › §25:954. Prohibited acts

RS 25:954 - Prohibited acts
Except as otherwise permitted by law:
(1) The possession of human remains is prohibited.
(2) It shall be unlawful to trade in, discard, or destroy human remains.
Acts 2016, No. 531, §1, eff. June 17, 2016.
2023 Louisiana Laws › Revised Statutes › Title 25 - Libraries, Museums, and Other Scientific › §25:955. Penalties

RS 25:955 - Penalties
A.(1) A first offense violation of this Chapter shall be punishable upon conviction by a fine of not more than five thousand dollars, or imprisonment, with or without hard labor, for not more than one year, or both.
(2) Upon conviction of a second or subsequent offense, each violation shall be punishable by imprisonment, with or without hard labor, for not more than two years, or a fine of not more than ten thousand dollars, or both.
(3) Each item of human remains in possession or trade shall constitute a separate offense.
B. The attorney general may institute civil proceedings seeking injunctive relief to restrain and prevent violations of this Chapter.
C. The attorney general may institute civil proceedings seeking civil damages from any person who knowingly violates any provision of this Chapter. Civil damages shall include any or all of the following:
(1) Forfeiture of any and all equipment used in obtaining the human remains.
(2) Any and all costs incurred in cleaning, restoring, analyzing, accessioning, and curating the recovered human remains.
(3) Any and all costs associated with the reinterment of the human remains.
(4) Any and all costs associated with determining and collecting civil damages, including but not limited to filing fees, attorney fees, court costs, fees associated with discovery and the testimony of expert witnesses, and collection costs.
D. The attorney general may bring actions for injunctive relief or civil damages in either the district court for the parish of East Baton Rouge or in the district court where the burial site, the human skeletal remains, or other body parts, or the burial artifacts are located.
Acts 2016, No. 531, §1, eff. June 17, 2016.
2023 Louisiana Laws › Revised Statutes › Title 25 - Libraries, Museums, and Other Scientific › §25:956. Amnesty program

RS 25:956 - Amnesty program
A. A natural or juridical person possessing human remains in violation of this Chapter may voluntarily relinquish possession of such human remains to the Louisiana Department of Justice without sanctions under this Chapter. The attorney general shall be vested with the authority and discretion to waive civil sanctions under this Chapter for any person who voluntarily relinquishes human remains.
B. Upon voluntarily relinquishing human remains pursuant to this Chapter, any person may designate which qualified entity or entities the human remains should be transmitted to for permanent curation following analysis for compliance with other laws. Such transmissions shall occur only with the concurrence of the designated qualified entity or entities. Failing such concurrence or direction, the disposition of human remains relinquished or acquired by the Louisiana Department of Justice pursuant to this Chapter shall be within the discretion of the attorney general.
Acts 2016, No. 531, §1, eff. June 17, 2016.
2023 Louisiana Laws › Revised Statutes › Title 25 - Libraries, Museums, and Other Scientific › §25:957. Exemptions

RS 25:957 - Exemptions
A. The following shall be exempt from the restrictions and prohibitions of this Chapter:
(1) Private and public institutions of primary, secondary, or higher education.
(2) Federal, state, and local governments and any political subdivisions thereof as well as federal, state, and local law enforcement officials acting within their statutory authority.
(3) Qualified museums or research institutions.
(a) A "qualified museum or research institution" means an entity that is a juridical person pursuant to Louisiana law that has an explicitly stated educational or research purpose as part of their mission and juridical personage registration.
(b) A qualified museum or research institution shall submit notification of retention of human remains in its possession to the Louisiana Department of Justice within one year of June 17, 2016.
(c) A qualified museum or research institution, upon reasonable notice, shall submit to the attorney general for analysis any human skeletal remains in its possession.
(d) A qualified museum or research institution shall notify the Louisiana Department of Justice within six months of any acquisition of known human remains not included in any initial disclosure under this Chapter.
B. The Louisiana Department of Justice shall hold in a centralized database all records of qualified museums and research institutions, exempt as provided in this Section, that have complied with the requirements of this Chapter.
Acts 2016, No. 531, §1, eff. June 17, 2016.
2023 Louisiana Laws › Revised Statutes › Title 25 - Libraries, Museums, and Other Scientific › §25:958. Conflicts with existing laws

RS 25:958 - Conflicts with existing laws
A. The provisions of this Chapter are not intended to supplant the primary criminal jurisdiction of district attorneys under R.S. 14:101, R.S. 8:655, R.S. 8:659, R.S. 8:678, R.S. 17:2280, R.S. 17:2354.4, R.S. 17:2354.5, or R.S. 25:937.
B. The provisions of this Chapter are not intended to restrict or limit, and are explicitly superseded by, the law relative to anatomical gifts and donations authorized under R.S. 17:2271 et seq. or R.S. 17:2351 et seq.
C. The provisions of this Chapter are not intended to restrict or limit, and are explicitly superseded by, the rights of descendants and family members to control human remains under R.S. 8:651 et seq.
D. The provisions of this Chapter are not intended to restrict or limit, and are explicitly superseded by, the licensed or otherwise authorized practice of funeral directing, cremation, and cemetery operation as authorized in Titles 8 and 37 of the Louisiana Revised Statutes of 1950.
E. The provisions of this Chapter are not intended to restrict or limit, and are explicitly superseded by, the authority of coroners as authorized by Title 13 of the Louisiana Revised Statutes of 1950.
F. The provisions of this Chapter are not intended to restrict or limit, and are explicitly superceded by, the Louisiana Unmarked Human Burial Sites Preservation Act, pursuant to R.S. 8:671 et seq., the Louisiana Historical Cemetery Preservation Act, pursuant to R.S. 25:931 et seq., and the Native American Graves Protection and Repatriation Act, 25 U.S.C. 3001 et seq.
Acts 2016, No. 531, §1, eff. June 17, 2016.
2023 Louisiana Laws › Revised Statutes › Title 25 - Libraries, Museums, and Other Scientific › §25:959. Enforcement

RS 25:959 - Enforcement
The attorney general shall administer the provisions of this Chapter and shall be charged with the investigation and enforcement of this Chapter. The prosecution of the civil provisions of this Chapter shall be concurrently within the prosecutorial discretion of the attorney general and the district attorney for the parish in which the violations occur. The prosecution of the criminal provisions of this Chapter shall be within the discretion of the district attorney for the parish in which the violations occur, subject to the district attorney's recusal to the attorney general within the appropriate district attorney's discretion.
Acts 2016, No. 531, §1, eff. June 17, 2016.
2023 Louisiana Laws › Revised Statutes › Title 25 - Libraries, Museums, and Other Scientific › §25:1000. Legislative intent

RS 25:1000 - Legislative intent
The legislature hereby recognizes that no Naval or Marine Corps war memorial has been established in Louisiana, despite the heroic participation and sacrifices of its citizens in World War II and subsequent conflicts in which the United States has been engaged. The legislature further recognizes that a fitting memorial should be established to honor the Louisianians who participated so valiantly in the naval efforts of World War II and the Korean and Viet Nam conflicts and that the opportunity to secure a destroyer to be docked in Louisiana waters as a lasting memorial would honor Louisiana naval personnel and, in addition, would form an outstanding tourist attraction for Louisianians and other people visiting our state. It is further recognized that the opportunity to obtain a presently available destroyer, the U.S.S. Kidd, should not be neglected, since this valiant destroyer, named for Rear Admiral Isaac C. Kidd, who was killed at Pearl Harbor, has a distinguished record in both conflicts and therefore presents to the state an opportunity which may not again arise to acquire and establish the U.S.S. Kidd as a Naval war memorial, and that, therefore, a long delayed public service thus can be achieved through acquisition of this destroyer or, if that proves impossible, then another suitable memorial.
Added by Acts 1979, No. 415, §1; Acts 1992, No. 68, §4.
2023 Louisiana Laws › Revised Statutes › Title 25 - Libraries, Museums, and Other Scientific › §25:1001. Commission

RS 25:1001 - Commission
A. There is hereby created in the Department of Culture, Recreation and Tourism, office of tourism, the Louisiana Naval War Memorial Commission. The commission shall be composed of seventeen members, one of whom shall be the secretary of the Department of Culture, Recreation and Tourism, or his designee, one of whom shall be the secretary of veterans affairs, or his designee, and fifteen of whom shall be appointed by the governor.
B. The initial appointive members of the commission shall be appointed by September 15, 1979, and in making his appointments, the governor shall designate five members to serve initial terms of two years, five to serve initial terms of four years, and six to serve initial terms of six years. Thereafter, the members shall be appointed for terms of six years each. A vacancy in the membership of the commission shall be filled by the governor by appointment for the unexpired term.
C. The commission shall be domiciled in Baton Rouge. The commission shall elect a chairman, a vice chairman, and such other officers as it shall determine. The commission shall hold at least one regular meeting each year and may hold other meetings upon call of the chairman or a majority of the members. A majority of serving members shall constitute a quorum for the transaction of business.
D. Members shall serve without compensation but may be reimbursed for actual expenses incurred in attendance at meetings and otherwise in the performance of the duties of the commission at the direction of the commission.
E.(1) The governor or the commission may remove a member for cause.
(2) If a member misses two consecutive meetings and the absences have not been approved by the commission, the commission may remove the member. If the commission seeks to remove a member pursuant to this Paragraph, it shall notify the governor in writing prior to removal of the member. If the governor does not object to the removal within thirty days of receipt of written notification, the commission may remove the member.
Added by Acts 1979, No. 415, §1; Acts 2009, No. 84, §1; Acts 2016, No. 100, §1.
2023 Louisiana Laws › Revised Statutes › Title 25 - Libraries, Museums, and Other Scientific › §25:1002. Duties

RS 25:1002 - Duties
A. The commission shall have authority to acquire, transport, berth, renovate, equip, operate, and maintain, and to exhibit the destroyer U.S.S. Kidd or, if acquisition thereof becomes impossible or impractical, then any other property acquired for use as a permanent public naval and marine corps, or both memorial, and to adopt rules and regulations for the use of such memorial and its properties.
B. The commission shall have control over the destroyer U.S.S. Kidd or other naval and marine corps, or both memorial, and over any improvements and exhibits located thereon and any additions constructed, created, leased, acquired, or erected in connection therewith.
C. The commission shall select a site for permanently docking the U.S.S. Kidd or other naval and marine corps, or both memorial within Louisiana and make all necessary arrangements for acquiring a location for its exhibition.
D. The commission shall be responsible for all distribution and collection of funds connected with this project. It is also authorized to contract for, receive, accept and expend any funds made available from public or private sources. No employees of the commission shall be deemed to be employees of the state or be entitled to join the state retirement system.
E. Repealed by Acts 1985, No. 109, §2, eff. June 29, 1985.
F. The commission shall not authorize reports and recommendations which include the issue, publication, or distribution of general information documents or pamphlets, which are published on a regular basis and are generally known as newsletters.
Added by Acts 1979, No. 415, §1; Acts 1985, No. 109, §2, eff. June 29, 1985; Acts 1986, No. 827, §1.
2023 Louisiana Laws › Revised Statutes › Title 25 - Libraries, Museums, and Other Scientific › §25:1005. Legislative intent

RS 25:1005 - Legislative intent
The legislature hereby recognizes that it is appropriate to establish a naval museum on the Mississippi River at Kenner and that including a naval vessel of historic significance as part of such museum will be a significant factor in its effectiveness. The legislature finds that such a museum would be an excellent educational and historical facility for Louisianians, especially school children, and would also be a distinctive attraction to visitors to Louisiana and that the location of such a facility at Kenner would complement and be complemented by the many museums and other visitor attractions located there. The legislature recognizes that the museum would also pay fitting tribute to those citizens of Louisiana who participated in the naval engagements of our past wars.
Acts 1992, No. 68, §1; Acts 2014, No. 89, §1.
2023 Louisiana Laws › Revised Statutes › Title 25 - Libraries, Museums, and Other Scientific › §25:1005.1. Commission

RS 25:1005.1 - Commission
A. There is hereby created in the Department of Culture, Recreation and Tourism, office of tourism, the Kenner Naval Museum Commission. The commission shall be composed of eleven members, one of whom shall be the secretary of the Department of Culture, Recreation and Tourism, or his designee, one of whom shall be the director of veterans affairs and nine of whom shall be appointed by the governor, subject to Senate confirmation. At least six of the members shall be residents of Kenner recommended by members of the legislature representing the city of Kenner and the remaining appointive members shall be appointed from recommendations by members of the legislature representing Jefferson Parish in such a manner as to provide general parishwide representation on the commission.
B. The initial appointive members of the commission shall be appointed by September 15, 1992, and in making his appointments, the governor shall designate three members to serve initial terms of two years, three to serve initial terms of four years, and three to serve initial terms of six years. Thereafter, the members shall be appointed for terms of six years each. A vacancy in the membership of the commission shall be filled by the governor by appointment for the unexpired term. A member of the commission may be removed by the governor for cause.
C. The commission shall be domiciled in Kenner. The commission shall elect a chairman, a vice chairman, and such other officers as it shall determine. The commission shall hold at least three regular meetings each year and may hold other meetings upon call of the chairman or a majority of the members. Six members shall constitute a quorum for the transaction of business.
D. Members shall serve without compensation, but may be reimbursed for actual expenses incurred in attendance at meetings and otherwise in the performance of the duties of the commission at the direction of the commission. Any such expenses shall be payable only out of self-generated funds of the commission. No state generated funds shall be used for the upkeep and operation of the commission.
Acts 1992, No. 68, §1.