§204. Powers and duties of secretary of culture, recreation and tourism

A. In addition to the functions, powers, and duties otherwise vested in the secretary by law, he shall:

(1) Represent the public interest in the administration of this Chapter and shall be responsible to the governor, the legislature, and the public therefor.

(2) Determine the policies of the department, except as otherwise provided by this Title.

(3) In accordance with the Administrative Procedure Act, make, alter, amend, and promulgate rules and regulations necessary for the administration of the functions of the department, except as otherwise provided by this Title.

(4) Organize, plan, supervise, direct, administer, execute, and be responsible for the functions and programs vested in the department, in the manner and to the extent provided by this Title.

(5) Advise the governor on problems concerning the administration of the department.

(6) Act as the sole agent of the state or, in necessary cases, designate one of the offices within the department or its assistant secretary, to cooperate with the federal government and with other state and local agencies in matters of mutual concern and in the administration of federal funds granted to the state or directly to the department or an office thereof to aid in the furtherance of any function of the department and its offices. For this purpose he may take such actions, in accordance with any applicable state law, necessary to meet such federal standards as are established for the administration and use of such federal funds, except as otherwise specifically provided in this Title or by the constitution and laws of this state.

(7) Make reports and recommendations on his own initiative or upon request of the governor, the legislature, or any committee or member thereof. He may authorize the printing of those materials which assist in the promotion of the cultural, natural, historic, and recreational resources and programs of the state. He may authorize the printing and distribution of informational publications concerning the organization, powers, duties, or functions of the department on a regular basis in order to facilitate effective and efficient intradepartmental communications.

(8) Provide for the ongoing merger and consolidation of the agencies and functions transferred to his department and submit a report thereon to the governor and the legislature, which report shall accompany the budget request which he submits under provisions of R.S. 39:33. Such report shall include a statement of the goals of the department and of the programs thereof and shall summarize the accomplishments of the department in meeting such goals and implementing such programs. The report shall also contain a specific statement of the reorganization and consolidation plan for the department for the next year and shall include a report on the implementation of such reorganization and consolidation plan for the previous year. The report concerning reorganization shall specifically detail the extent to which the department has achieved goals stated the previous year with respect to merger and consolidation of functions, abolition of agencies, consolidation of offices, elimination of job positions, and efficiency and economy in delivery of services. The report shall contain any recommendations with respect to reorganization which may require legislative action under the provisions of this Title. A copy of the report and recommended legislation shall also be submitted by the secretary to the presiding officer of each house of the legislature. The presiding officer shall refer the report to the appropriate committee having jurisdiction of the subject matter as provided in the rules of the respective houses.

(9)(a) On an annual basis, provide all of the following information to the legislature no later than fifteen days prior to the convening of each regular session:

(i) A full organizational chart for the department which is current as of the date of submission to the legislature and which shows each staff position, whether filled or vacant, that comprises the department.

(ii) The current salary of the person occupying each filled position shown on the organizational chart.

(b) The secretary may submit the annual report required by this Paragraph in electronic format and is further authorized, but is not required, to submit the report at the time of submission of a report pursuant to Paragraph (7) of this Subsection.

B. The secretary shall have authority to:

(1)(a) Except as otherwise specifically provided in R.S. 36:801 and 801.1:

(i) Employ, appoint, remove, assign, and promote such personnel as is necessary for the efficient administration of the executive office of the secretary and the performance of its powers, duties, functions, and responsibilities and such other personnel, who are not assigned to an office, as may be necessary for the efficient administration of the department and for the performance of the responsibilities, powers, duties, and functions of agencies transferred to it;

(ii) Employ, assign, and remove all personnel employed for the department on a contractual basis, and

(iii) Transfer the personnel of the department as necessary for the efficient administration of the department and its programs.

(b) All of the above are to be accomplished in accordance with applicable civil service law, rules, and regulations, and with policies and rules of the Department of Culture, Recreation and Tourism, and all are subject to budgetary control and applicable laws.

(2) Appoint, subject to gubernatorial approval, advisory councils, boards, and commissions necessary in the administration of the department, except as otherwise provided by law or by executive order.

(3) Accept and use, in accordance with law, gifts, grants, bequests, and endowments for purposes consistent with the responsibilities and functions of the department and take such actions as are necessary to comply with any conditions required for such acceptance.

(4) Formulate and promulgate rules of the administration for the department relating to employment and management.

(5) Do such other things, not inconsistent with law, as are necessary to perform properly the functions vested in him.

(6) Sell, lease, or sublease state park lands in accordance with the applicable provisions of the sale and lease laws of public lands of the state of Louisiana.

(7) Exchange lands when it is necessary to do so in order to obtain other lands of value to the Office of State Parks. However, lands which have been incorporated as a part of an established state park shall be exchanged only after receiving approval for such exchange by the legislature of the state of Louisiana and after the advertisement provisions of R.S. 36:204(B)(6) have been complied with.

(8) Employ state museum police officers who shall, in addition to the authority otherwise conferred by law upon such officers, be vested with the same authority and powers conferred by law upon regular law enforcement officers of this state while such officers are acting within the course and scope of their duties, within the limits of their jurisdiction. Such officers may carry concealed or exposed weapons while acting within the course and scope of their duties. State museum police officers shall successfully complete a basic certified training program approved by the Council on Peace Officer Standards and Training as provided in R.S. 40:2405 and shall fulfill all requirements for annual basic firearms training. State museum police officers shall have the right to exercise the power of arrest when discharging their duties on property under jurisdiction of the Department of Culture, Recreation and Tourism and on all streets, roads, and rights-of-way within or contiguous to the perimeter of the property.

(9) Grant leases, subleases, and concession leases and enter any related contract or agreement, hereafter in this Paragraph collectively referred to as a "lease", on any portion of the immovable property under the department's supervision, jurisdiction, or management except the Lower Pontalba Building to any of the following:

(a) A public body. The application, advertisement, and bid requirements set forth in Part I of Chapter 10 of Title 41 of the Louisiana Revised Statutes of 1950 shall not apply to such a lease.

(b) A private entity. The provisions of Part I of Chapter 10 of Title 41 of the Louisiana Revised Statutes of 1950 shall not apply to a mineral or timber lease with a private entity. If a private entity is obligated under the terms of a lease to undertake activities or to construct improvements on the leased immovable property that will support the public purposes of the department, the provisions of Part I of Chapter 10 of Title 41 of the Louisiana Revised Statutes of 1950 shall not apply to the lease, but such a lease is subject to the following conditions:

(i) Such a lease shall be negotiated and let in accordance with fair and reasonable criteria established and applied relating to a balance of factors including but not limited to rent, highest return of revenue and benefits, financial stability of the lessee or sublessee, architectural design, development and management of operational plan, uniqueness of operation, and stimulating other economic activity and public benefits within the state.

(ii) A lease entered into by a private lessee for the performance of work on the leased premises or the erection, construction, or maintenance of improvements on the leased premises shall not constitute a contract for public work as defined in R.S. 38:2211(A).

(iii) The architectural plans for such improvements shall be approved by the secretary prior to construction on the leased or subleased property.

(iv) Such leases shall be subject to R.S. 39:11 and 366.11.

(c) The provisions of this Paragraph shall not impair or diminish the priority established for individuals who are blind, under the administration of the Louisiana Rehabilitation Services, in the operation of vending stands, vending machines, cafeterias, or other food concessions.

(10) Terminate the lease, sublease, concession agreement, contract, or other privilege of any person who files a federal or state trademark or service mark application for a trademark or service mark that incorporates or implies an association with a holding of the department or its historical, cultural, or recreational resources or who makes a legal claim or assertion to have a trademark or service mark. Any such person shall be disqualified from future concession agreements, leases, contracts, and privileges granted by the department. Any such person shall be responsible for the state's attorney fees, costs, and expenses associated with that termination, opposition, cancellation, and disqualification.

Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1980, No. 391, §1; Acts 1985, No. 660, §1, eff. July 16, 1985; Acts 1986, No. 824, §1; Acts 1987, No. 205, §1, eff. July 1, 1987; Acts 1987, No. 736, §1; Acts 1988, No. 326, §1, eff. July 7, 1988; Acts 1988, 2nd Ex. Sess., No 1, §4, eff. Oct. 13, 1988; Acts 1997, No. 1256, §1; Acts 2013, No. 220, §14, eff. June 11, 2013; Acts 2016, No. 557, §2; Acts 2016, No. 615, §1, eff. Jan. 1, 2017; Acts 2017, No. 190, §1, eff. June 12, 2017.