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Regular Session, 2011
SENATE BILL NO. 217
BY SENATOR LONG
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
MUSEUMS. Transfers the Political Museum and Hall of Fame from the Department of
Culture, Recreation and Tourism to the secretary of state. (7/1/11)
AN ACT1
To amend and reenact R.S. 25:342(B)(3)(c) through (i), 352(A) and (B)(2)(b), 380.141(A),2
380.142(A), (C), and (E), 380.143(B)(4) and (C)(2), 380.144, 380.145(A), (B),3
(C)(2)(a) and (b)(iii), 380.146, and to enact R.S. 25:380.147, R.S. 36:744(DD) and4
801.21, and to repeal R.S. 25:380.143(C)(3) and R.S. 36:209(W)(2) and (Y), relative5
to the Louisiana Political Museum and Hall of Fame; to transfer all powers, duties,6
employees, and responsibilities from the jurisdiction of the office of state museums7
in the Department of Culture, Recreation and Tourism to the Department of State;8
to provide relative to the governing authority of the museum, including its9
composition, powers, duties, responsibilities, meetings, employees, and officers; to10
provide for the adoption of rules, regulations and fees; to provide for receipt and use11
of funds, property, and self-generated revenue; to provide relative to the authority12
of the museum with respect to the museum; to provide relative to personnel and13
budgets of the museum; to provide for an effective date; and to provide for related14
matters.15
Be it enacted by the Legislature of Louisiana:16
Section 1. R.S. 25:342(B)(3)(c) through (i), 352(A) and (B)(2)(b), 380.141(A),17 SB NO. 217
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380.142(A), (C) and (E), 380.143(B)(4) and (C)(2), 380.144, 380.145(A), (B), (C)(2)(a) and1
(b)(iii), and 380.146 are hereby amended and reenacted and R.S. 25:380.147 is hereby2
enacted to read as follows:3
§342. Domicile; powers and duties of the office of the state museum and the board;4
buildings and properties administered5
* * *6
B.7
* * *8
(3) The office of the state museum, subject to the provisions of R.S. 36:909,9
shall have custody of and shall administer, manage, operate, maintain, and preserve10
all of the following:11
* * *12
(c) The Louisiana Political Museum and Hall of Fame.13
(d)(c) The Louisiana Forestry Museum.14
(e)(d) The Louisiana Sports Hall of Fame.15
(f)(e) The Winn Parish Museum.16
(g)(f) The Edward Douglass White Historic Site.17
(h)(g) The Natchitoches Parish Old Courthouse Museum.18
(i)(h) Other museums hereafter established under jurisdiction of the office.19
* * *20
§352. Museums of local interest21
A. For the purposes of this Chapter, museums of local interest shall include22
Louisiana Political Museum and Hall of Fame, the Louisiana Forestry Museum, and23
the Winn Parish Museum under the jurisdiction of the office of the state museum of24
the Department of Culture, Recreation and Tourism and domiciled in Winnfield,25
Louisiana.26
* * *27
B.28
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(2) Friends of the Museums of Local Interest may:1
* * *2
(b) Retain and expend any self-generated revenues derived from the3
activities of the museum of local interest as specified by cooperative agreement4
pursuant to R.S. 25:342(A)(8), including the annual Political Hall of Fame induction5
ceremony and any gift shop on the property or in the building of the museum.6
* * *7
§380.141. Establishment and location: purpose and use8
A. The Louisiana Political Museum and Hall of Fame, referred to in this9
Chapter as the "museum", is established as a facility in the town of Winnfield, parish10
of Winn, under the overall jurisdiction of the Department of Culture, Recreation and11
Tourism State as more specifically provided in this Chapter.12
* * *13
§380.142. Advisory board; creation; domicile; appointment and compensation of14
members15
A. The advisory board of the Louisiana Political Museum and Hall of Fame,16
referred to in this Chapter as the "board", is hereby created in the Department of17
Culture, Recreation and Tourism State.18
* * *19
C. The board shall be comprised of twenty members. Nineteen members20
shall be appointed by the lieutenant governor secretary of state from the state of21
Louisiana who have knowledge of and an interest in the preservation of political22
history and campaign artifacts of the state of Louisiana. The lieutenant governor23
secretary of state, or his designee, shall be an ex officio member of the board. The24
members appointed to the board shall be appointed from a list submitted to the25
lieutenant governor secretary of state by the Friends of the Louisiana Political26
Museum and Hall of Fame and they shall serve terms concurrent with the appointing27
authority.28
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E. Each appointment made by the lieutenant governor secretary of state1
shall be subject to confirmation by the Senate.2
* * *3
§380.143. Duties and powers of the board4
* * *5
B. The board shall:6
* * *7
(4) Advise the lieutenant governor secretary of state on all matters relating8
to the operations of the Louisiana Political Museum and Hall of Fame.9
* * *10
C. The board may:11
* * *12
(2) With approval of the office of the state museum secretary of state,13
contract with consulting experts in the fields of museum administration and14
conservation of artifacts, audio and video recordings, media, motion picture films,15
books and papers, and decorative arts and with appraisers, buying agents, designers,16
engineers, attorneys, accountants, construction and financial experts, and other such17
persons as may be necessary to carry out the purposes of the museum.18
* * *19
§380.144. Operating funds; appropriations by the legislature20
A. The Department of Culture, Recreation and Tourism shall State may21
include in its annual budget request, required by R.S. 39:32, a request for funds22
necessary for support of the Louisiana Political Museum and Hall of Fame. The23
governor shall may include in the executive budget submitted to the legislature24
sufficient funding for the support of operations and maintenance of the museum and25
its exhibits.26
B. Funds appropriated by the legislature to the Department of State for27
the operation of the Louisiana Political Museum and Hall of Fame shall be used28
solely for that purpose and in accordance with the budget plan developed by the29 SB NO. 217
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Department of State. No administrative costs of any kind shall be charged by1
the Department of State for any services associated with placement of the2
museum within the jurisdiction of the department.3
§380.145. Donations and loans; disposition of property4
A. The Department of Culture, Recreation and Tourism State, the board, or5
any nonprofit corporation formed to support the museum and its activities, jointly or6
separately, may solicit and accept funds, governmental grants, donations, and7
contributions of lands, buildings, monies, artifacts, relics, audio and video8
recordings, motion picture films, works of art, or other property on behalf and as9
additions to the museum either in the form of loans or in the form of donations inter10
vivos or mortis causa, and the Department of Culture, Recreation and Tourism State11
may acquire them by purchase, lease, or otherwise, subject to the terms, conditions,12
or limitations contained in the instrument by which such property is acquired.13
However, the museum, through the Department of Culture, Recreation and Tourism14
State, or a nonprofit formed to support the programs and activities of the museum15
may enter into any and all contracts with any person, lender, or donor that it may16
deem fit, proper, and necessary to accept and receive such lands, buildings, monies,17
artifacts, relics, audio and video recordings, motion picture films, works of art, or18
other property on behalf of, as additions to, or for the benefit of the museum. The19
museum may serve as the beneficiary of any public or private trust or insurance20
policy heretofore or hereafter created for such purpose, pursuant to the provision of21
R.S. 9:2341 et seq.22
B. The Board of Directors of the Louisiana State Museum secretary of state23
is granted the authority of deaccession with respect to any collection of the Louisiana24
Political Museum and Hall of Fame, and for such purpose is exempted from laws25
relative to the sale or disposal of surplus property. The Board of Directors of the26
Louisiana State Museum secretary of state shall establish policies and procedures27
necessary to carry out this authority in an orderly manner.28
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(2)(a) At least once each week for two consecutive weeks, the Board of1
Directors of the Louisiana State Museum board of the Louisiana Political Museum2
and Hall of Fame shall cause to be published in at least one newspaper of general3
circulation in the parish of Winn a notice and listing of the property.4
(b) The notice shall contain:5
* * *6
(iii) A statement that if proof of claim is not presented by the claimant to the7
Board of Directors of the Louisiana State Museum board of the Louisiana Political8
Museum and Hall of Fame and if the claimant's right to receive such property is not9
established to the satisfaction of the Board of Directors of the Louisiana State10
Museum board within sixty-five days from the date of the second published notice,11
the property will be deemed to be abandoned and shall become the property of the12
Louisiana Political Museum and Hall of Fame.13
* * *14
§380.146. Use of collections and property15
Any collection or other property of the Louisiana Political Museum and Hall16
of Fame may, subject to approval of the Board of Directors of the Louisiana State17
Museum secretary of state, be lent in part. The Board of Directors of the Louisiana18
State Museum secretary of state shall ensure proper safeguards for its maintenance19
and return and shall ensure that proper records are kept. The collection or other20
property shall be available for use in educational projects, subject to the approval of21
the Board of Directors of the Louisiana State Museum secretary of state.22
§380.147. Museum administration; secretary of state; powers and duties23
The secretary of state may:24
(1) Establish, in accordance with the Administrative Procedure Act,25
policies, rules, and regulations for the operation of the museum.26
(2) Authorize reports and recommendations which include the issuance,27
publication, or distribution of general information documents or pamphlets28
which are published on a regular basis and are generally known as newsletters.29 SB NO. 217
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(3) Employ, appoint, remove, and fix the term, compensation, and1
responsibilities of employees, including, but not limited to, a museum director2
and a curator.3
Section 2. R.S. 36:744(DD) and 801.21 are hereby enacted to read as follows:4
§744. Transfer of boards, commissions, and agencies to the Department of State5
* * *6
DD. The Louisiana Political Museum and Hall of Fame (R.S. 25:380.1417
et seq.) and its advisory board are placed within the Department of State as8
provided in R.S. 36:801.21.9
* * *10
§801.21. Advisory board of the Louisiana Political Museum and Hall of Fame11
A.(1) The Louisiana Political Museum and Hall of Fame is hereby12
placed within the Department of State, subject to the provisions of this Section13
and Chapter 5-Q of Title 25 of the Louisiana Revised Statutes of 1950.14
(2) The advisory board of the Louisiana Political Museum and Hall of15
Fame is hereby placed within the Department of State and shall exercise all16
advisory powers, duties, and functions provided for it by law. The board shall17
administer and implement all programs provided or authorized by law for it or18
for the Louisiana Political Museum and Hall of Fame. The board shall exercise19
the powers, duties, functions, and responsibilities authorized by this Section20
independently of the secretary of state, except as otherwise provided in this21
Section. The secretary of state shall be responsible for the performance and22
administration of the day-to-day operations of the museum, and those museum23
matters which are in the nature of accounting, payroll, budget control,24
procurement, data processing, and personnel management. The secretary of25
state shall employ, appoint, fix the compensation of, remove, assign, and26
promote such personnel as is necessary for the efficient administration of the27
museum in accordance with civil service laws, rules, and regulations.28
B. The board, in cooperation with any nonprofit corporation established29 SB NO. 217
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to support the Louisiana Political Museum and Hall of Fame, may solicit and1
accept gifts and donations for the purposes of the Political Museum and Hall of2
Fame. Any funds so accepted may be expended by the board, the nonprofit3
corporation, or the Department of State as otherwise provided by law.4
C.(1) The provisions of R.S. 36:810 and 811 shall be applicable to the5
museum and its advisory board placed within the Department of State by this6
Section.7
(2) No records, books, or papers stored in the museum or on museum8
premises shall be removed or transferred from the museum vault without the9
approval of the secretary of state.10
Section 3. R.S. 25:380.143(C)(3) and R.S. 36:209(W)(2) and (Y) are hereby11
repealed.12
Section 4.A. The provisions of this Act shall become effective on July 1, 2011, if13
vetoed by the governor and subsequently approved by the legislature, the provisions of this14
Act shall become effective on July 1, 2011, or on the day following such approval by the15
legislature, whichever is later, except as provided in this Section.16
B. The secretary of state, the Department of State, the Department of Culture,17
Recreation and Tourism, and the Friends of the Louisiana Political Museum and Hall of18
Fame shall take actions prior to July 1, 2011, necessary to implement this Act on July 1,19
2011, including but not limited to the submission of the initial list of nominees to the20
secretary of state by the Friends of the Louisiana Political Museum and Hall of Fame before21
July 1, 2011, for appointment to the governing board of the Louisiana Political Museum and22
Hall of Fame effective on the effective date of this Act.23
C. This Section shall become effective upon signature by the governor or, if not24
signed by the governor, upon expiration of the time for bills to become law without signature25
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If26
vetoed by the governor and subsequently approved by the legislature, this Act shall become27
effective on the day following such approval.28
Section 5.A. No action shall be taken under the provisions of this Act until all debts29 SB NO. 217
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or other obligations are secured by or otherwise encumber any property to be transferred to1
the Department of State have been paid or otherwise removed from such property.2
B. If the transfer provided for in this Act is not made within four years of July 1,3
2011, this Act shall be null and void and of no effect.4
Section 6. This Act shall become effective on the effective date of an appropriation5
of funds by the legislature to fund the provisions of this Act.6
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Nancy Vicknair.
DIGEST
Present law provides for the establishment of the La. Political Museum and Hall of Fame
("museum") in the town of Winnfield of Winn parish and places it under the overall
jurisdiction of the Dept. of Culture, Recreation, and Tourism.
Present law provides that the office of state museum in the Dept. of Culture, Recreation and
Tourism is responsible for the custody, administration, management, operation, maintenance,
and preservation of the museum. Proposed law transfers the overall jurisdiction of the
museum from the office of state museum in the Dept. of Culture, Recreation, and Tourism
to the secretary of state within the Dept. of State.
Present law creates the advisory board ("board") of the museum within the Dept. of Culture,
Recreation, and Tourism. Provides for membership and appointment of board members by
the lieutenant governor and requires the board to advise the lieutenant governor on all
matters relating to the operations of the museum. Authorizes the board to enter into
contracts with experts in certain fields in order to carry out the purposes of the museum.
Proposed law transfers the provisions relating to the Dept. of Culture, Recreation, and
Tourism to the Dept. of State, and transfers authority from the lieutenant governor to the
secretary of state.
Present law provides that museums of local interest include the La. Political Museum and
Hall of Fame, the La. Forestry Museum, and the Winn Parish Museum under the jurisdiction
of the office of the state museum of the Dept. of Culture, Recreation. Proposed law removes
the La. Political Museum and Hall of Fame.
Present law requires the Dept. of Culture, Recreation and Tourism to include a request for
funds necessary to support the museum in its annual budget request, and requires the
governor to include in his executive budget submitted to the legislature sufficient funding
to support the operations and maintenance of the museum and its exhibits.
Proposed law replaces the Dept. of Culture, Recreation and Tourism with the Dept. of State
and authorizes, rather than requires, the Dept. of State to include in its annual budget a
request for funds necessary to support the museum, and further authorizes, rather than
requires, the governor to include in his executive budget sufficient funding for the support
of operations and maintenance of the museum and its exhibits.
Proposed law requires that funds appropriated by the legislature to the Dept. of State for
operation of the La. Political Museum and Hall of Fame be used solely for the operation and
maintenance of the museum and its exhibits, and requires that no administrative costs be
charged by the Dept. of Sate for any services associated with placement of the museum SB NO. 217
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within its jurisdiction.
Proposed law (R.S. 25:380.147) provides for the administration of the museum and
authorizes the secretary of state to:
(1)Establish policies, rules, and regulations for the operation of the museum in
accordance with the Administrative Procedure Act.
(2)Authorize reports and recommendations which include the issuance, publication, or
distribution of general information documents or pamphlets which are published on
a regular basis and are generally known as newsletters.
(3)Employ, appoint, remove, and fix the term, compensation, and responsibilities of
employees, including, but not limited to, a museum director and a curator.
Proposed law (R.S. 36:801.21) places the La. Political Museum and Hall of Fame and its
advisory board within the Dept. of State and requires the board to exercise all advisory
powers, duties, and functions provided for it. Further requires the board to administer and
implement all programs authorized by law.
Proposed law requires the secretary of state to be responsible for the performance and
administration of the day-to-day operations of the museum, and those museum matters
which are in the nature of accounting, payroll, budget control, procurement, data processing,
and personnel management. Further requires the secretary of state to employ, appoint, fix
the compensation of, remove, assign, and promote such personnel as is necessary for the
efficient administration of the museum in accordance with civil service laws, rules, and
regulations.
Proposed law authorizes the board, in cooperation with any nonprofit corporation established
to support the museum and hall of fame, to solicit and accept gifts and donations for the
purposes of the museum, and authorizes any funds accepted on behalf of the museum to be
expended by the board, the nonprofit corporation, or the Dept. of State.
Proposed law provides for no records, books, or papers stored in the museum or on museum
premises to be removed or transferred from the museum without the approval of the board.
Effective July 1, 2011. Requires the Dept. of State, the secretary of state, the Dept. of
Culture, Recreation and Tourism, and the Friends of the La. Political Museum and Hall of
Fame to take actions prior to July 1, 2011, necessary to implement the Act on July 1, 2011.
Proposed law provides that no action be taken under the provisions of proposed law until all
debts or other obligations which are secured by or otherwise encumber any property to be
transferred to the Dept. of State have been paid or otherwise removed from such property.
Proposed law further provides that if the transfer provided for in proposed law is not made
within 4 years of July 1, 2011, proposed law shall be null and void and of no effect. Further
provides that the Act shall become effective upon the effective date of a legislative
appropriation of funds to finance the provisions of the Act.
(Amends R.S. 25:342(B)(3)(c) through (i), 352(A) and (B)(2)(b), 380.141(A), 380.142(A),
(C), and (E), 380.143(B)(4) and (C)(2), 380.144, 380.145(A), (B), (C)(2)(a) and (b)(iii),
380.146; adds R.S. 25:380.147, R.S. 36:744(DD) and 801.21; repeals R.S. 25:380.143(C)(3)
and R.S. 36:209(W)(2) and (Y))