Louisiana Revised Statutes 25:935 – Powers and duties of the department
Terms Used In Louisiana Revised Statutes 25:935
- 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. See Louisiana Revised Statutes 25:933
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Department: shall mean the Department of Culture, Recreation and Tourism. See Louisiana Revised Statutes 25:933
- 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. See Louisiana Revised Statutes 25:933
- Human skeletal remains: shall mean any part of the body of a deceased human being in any stage of decomposition. See Louisiana Revised Statutes 25:933
- Modification: shall mean the altering of the original substance of a grave space. See Louisiana Revised Statutes 25:933
- Program: shall mean the Louisiana Historic Cemetery Preservation Program. See Louisiana Revised Statutes 25:933
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
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, La. Rev. Stat. 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 La. Rev. Stat. 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 La. Rev. Stat. 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.