Who was authorized to redesign Louisiana's state flag and seal after the 2006 pelican amendment?

Plain-English summary

The Louisiana Secretary of State asked which official or agency should handle the state flag's redesign. The Attorney General found no statute assigning that job. The 2006 legislation authorized a historical depiction of the pelican on the flag and seal, but it did not identify who would carry out the redesign.

The AG also observed that the revised seal statute removed an earlier provision giving the governor control over the seal's inscription. It recommended a legislative decision about responsibility for both designs. The secretary of state was a reasonable candidate because the statute made that office keeper of the seal; the opinion did not say the office already had redesign authority.

Currency note

This opinion was issued in 2006. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Did the 2006 pelican amendment name a flag designer?

No. The AG said the amendment authorized the redesign but contained no directive assigning the work to a state official or agency.

Did the opinion put the secretary of state in charge of the redesign?

No. It called that office a reasonable choice because it kept the state seal, while recommending that the legislature decide who should be responsible.

Did the governor's earlier control over the seal settle the question?

No. The AG noted that the newly enacted seal provision removed the governor's former authority over the seal's inscription.

Background and statutory framework

The opinion identified LSA-R.S. 49:153(A) as the flag provision and LSA-R.S. 49:151(A) as the seal provision. Both had been amended by Acts 2006, No. 92 to provide for a historical pelican image. It also cited LSA-R.S. 49:151(B) for the secretary of state's custody of the seal and LSA-R.S. 49:151(C) for the change to the governor's former role. None assigned the redesign task, according to the AG.

Citations

• LSA-R.S. 49:153(A) (state flag).
• LSA-R.S. 49:151(A), (B), (C) (state seal and official roles).
• Acts 2006, No. 92 (pelican image amendment).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/06-0245

Original opinion text

December 11, 2006
OPINION NUMBER 06-0245

61 LAWS – General
Mr. Steve Hawkland
State of Louisiana
An expression of legislative will is advisable to determine which
Secretary of State
agency or state official will be responsible for the design of the
official state flag and seal.
P. O. Box 94125
Baton Rouge, LA 70804-9125

Dear Mr. Hawkland:

Your request for an Attorney General opinion was forwarded to me for research and reply. You specifically asked which state official or agency should handle the redesign of the state flag.

Our research shows that no statutory directives presently exist that establish, who on behalf of the state is responsible for the redesign of the state flag. LSA-R.S. 49:153(A) provides for the official state flag and LSA-R.S. 49:151(A) provides for the official state seal. Both provisions were recently amended and reenacted by Acts 2006, No. 92 of the 2006 Regular Session to provide for the use of an historical depiction of the pelican. Although the redesign of both the flag and the state seal has been authorized through legislation, the new law does not provide for who is responsible for their re- design.

We note that former LSA-R.S. 49:151(A) charged the governor with control over the inscription of the seal. The statute read as follow:

(A) There shall be a public seal, with such device or inscription as the governor may direct, for the purpose of authenticating the acts of the government of the State of Louisiana. (emphasis added).

The newly enacted LSA-R.S. 49:151(C) now eliminates that charge to the governor. Therefore, it is the opinion of this office that an expression of legislative will is advisable to determine which agency or state official will be responsible for the design of the official state flag and seal. Since the secretary of state is the keeper of the state seal pursuant to LSA-R.S. 49:151(B), it is not unreasonable to grant such authority to the secretary of state.

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Opinion 06-0245
Mr. Steve Hawkland
Page: -2-

We hope this opinion has sufficiently addressed your concerns. If our office may be of further assistance, please do not hesitate to contact us.

Sincerely,

CHARLES C. FOTI, JR.
ATTORNEY GENERAL

By: ___
CHARLENE PATTERSON
Assistant Attorney General

CCF, Jr./CP

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Opinion 06-0245
Mr. Steve Hawkland
Page: -3-

SYLLABUS

OPINION 06-0245

61 LAWS – General

An expression of legislative will is advisable to determine which agency or state official will be responsible for the design of the official state flag and seal.

Mr. Steve Hawkland
State of Louisiana
Secretary of State
P. O. Box 94125
Baton Rouge, LA 70804-9125

Date Received:

Date Released: December 11, 2006

Charlene Patterson
Assistant Attorney General