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Regular Session, 2011
SENATE BILL NO. 217
BY SENATORS LONG AND THOMPSON
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. (See Act)
AN ACT1
To amend and reenact R.S. 25:342(B)(3)(c) through (h), 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. 25:342(B)(3)(i) and 380.143(C)(3) and R.S. 36:209(W)(2)5
and (Y), relative to the Louisiana Political Museum and Hall of Fame; to transfer all6
powers, duties, employees, and responsibilities from the jurisdiction of the office of7
state museums in the Department of Culture, Recreation and Tourism to the8
Department of State; to provide relative to the governing authority of the museum,9
including its composition, powers, duties, responsibilities, meetings, employees, and10
officers; to provide for the adoption of rules, regulations and fees; to provide for11
receipt and use of funds, property, and self-generated revenue; to provide relative to12
the authority of the museum with respect to the museum; to provide relative to13
personnel and budgets of the museum; to provide for an effective date; and to14
provide for related matters.15
Be it enacted by the Legislature of Louisiana:16
Section 1. R.S. 25:342(B)(3)(c) through (h), 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
* * *29 SB NO. 217
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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. The secretary of state shall, to the greatest extent possible, appoint at28
least one member who resides in each congressional district.29 SB NO. 217
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* * *1
E. Each appointment made by the lieutenant governor secretary of state2
shall be subject to confirmation by the Senate.3
* * *4
§380.143. Duties and powers of the board5
* * *6
B. The board shall:7
* * *8
(4) Advise the lieutenant governor secretary of state on all matters relating9
to the operations of the Louisiana Political Museum and Hall of Fame.10
* * *11
C. The board may:12
* * *13
(2) With approval of the office of the state museum secretary of state,14
contract with consulting experts in the fields of museum administration and15
conservation of artifacts, audio and video recordings, media, motion picture films,16
books and papers, and decorative arts and with appraisers, buying agents, designers,17
engineers, attorneys, accountants, construction and financial experts, and other such18
persons as may be necessary to carry out the purposes of the museum.19
* * *20
§380.144. Operating funds; appropriations by the legislature21
A. The Department of Culture, Recreation and Tourism shall State may22
include in its annual budget request, required by R.S. 39:32, a request for funds23
necessary for support of the Louisiana Political Museum and Hall of Fame. The24
governor shall may include in the executive budget submitted to the legislature25
sufficient funding for the support of operations and maintenance of the museum and26
its exhibits.27
B. Funds appropriated by the legislature to the Department of State for28
the operation of the Louisiana Political Museum and Hall of Fame shall be used29 SB NO. 217
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solely for that purpose and in accordance with the budget plan developed by the1
Department of State. No administrative costs of any kind shall be charged by2
the Department of State for any services associated with placement of the3
museum within the jurisdiction of the department.4
§380.145. Donations and loans; disposition of property5
A. The Department of Culture, Recreation and Tourism State, the board, or6
any nonprofit corporation formed to support the museum and its activities, jointly or7
separately, may solicit and accept funds, governmental grants, donations, and8
contributions of lands, buildings, monies, artifacts, relics, audio and video9
recordings, motion picture films, works of art, or other property on behalf of and as10
additions to the museum either in the form of loans or in the form of donations inter11
vivos or mortis causa, and the Department of Culture, Recreation and Tourism State12
may acquire them by purchase, lease, or otherwise, subject to the terms, conditions,13
or limitations contained in the instrument by which such property is acquired.14
However, the museum, through the Department of Culture, Recreation and Tourism15
State, or a nonprofit formed to support the programs and activities of the museum16
may enter into any and all contracts with any person, lender, or donor that it may17
deem fit, proper, and necessary to accept and receive such lands, buildings, monies,18
artifacts, relics, audio and video recordings, motion picture films, works of art, or19
other property on behalf of, as additions to, or for the benefit of the museum. The20
museum may serve as the beneficiary of any public or private trust or insurance21
policy heretofore or hereafter created for such purpose, pursuant to the provision of22
R.S. 9:2341 et seq.23
B. The Board of Directors of the Louisiana State Museum secretary of state24
is granted the authority of deaccession with respect to any collection of the Louisiana25
Political Museum and Hall of Fame, and for such purpose is exempted from laws26
relative to the sale or disposal of surplus property. The Board of Directors of the27
Louisiana State Museum secretary of state shall establish policies and procedures28
necessary to carry out this authority in an orderly manner.29 SB NO. 217
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C. * * *1
(2)(a) At least once each week for two consecutive weeks, the Board of2
Directors of the Louisiana State Museum board of the Louisiana Political Museum3
and Hall of Fame shall cause to be published in at least one newspaper of general4
circulation in the parish of Winn a notice and listing of the property.5
(b) The notice shall contain:6
* * *7
(iii) A statement that if proof of claim is not presented by the claimant to the8
Board of Directors of the Louisiana State Museum board of the Louisiana Political9
Museum and Hall of Fame and if the claimant's right to receive such property is not10
established to the satisfaction of the Board of Directors of the Louisiana State11
Museum board within sixty-five days from the date of the second published notice,12
the property will be deemed to be abandoned and shall become the property of the13
Louisiana Political Museum and Hall of Fame.14
* * *15
§380.146. Use of collections and property16
Any collection or other property of the Louisiana Political Museum and Hall17
of Fame may, subject to approval of the Board of Directors of the Louisiana State18
Museum secretary of state, be lent in part. The Board of Directors of the Louisiana19
State Museum secretary of state shall ensure proper safeguards for its maintenance20
and return and shall ensure that proper records are kept. The collection or other21
property shall be available for use in educational projects, subject to the approval of22
the Board of Directors of the Louisiana State Museum secretary of state.23
§380.147. Museum administration; secretary of state; powers and duties24
The secretary of state may:25
(1) Establish, in accordance with the Administrative Procedure Act,26
policies, rules, and regulations for the operation of the museum.27
(2) Authorize reports and recommendations which include the issuance,28
publication, or distribution of general information documents or pamphlets29 SB NO. 217
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which are published on a regular basis and are generally known as newsletters.1
(3) Employ, appoint, remove, and fix the term, compensation, and2
responsibilities of employees, including, but not limited to, a museum director3
and a curator.4
Section 2. R.S. 36:744(DD) and 801.21 are hereby enacted to read as follows:5
§744. Transfer of boards, commissions, and agencies to the Department of State6
* * *7
DD. The Louisiana Political Museum and Hall of Fame (R.S. 25:380.1418
et seq.) and its advisory board are placed within the Department of State as9
provided in R.S. 36:801.21.10
* * *11
§801.21. Advisory board of the Louisiana Political Museum and Hall of Fame12
A.(1) The Louisiana Political Museum and Hall of Fame is hereby13
placed within the Department of State, subject to the provisions of this Section14
and Chapter 5-Q of Title 25 of the Louisiana Revised Statutes of 1950.15
(2) The advisory board of the Louisiana Political Museum and Hall of16
Fame is hereby placed within the Department of State and shall exercise all17
advisory powers, duties, and functions provided for it by law. The board shall18
administer and implement all programs provided or authorized by law for it or19
for the Louisiana Political Museum and Hall of Fame. The secretary of state20
shall be responsible for the performance and administration of the day-to-day21
operations of the museum, and those museum matters which are in the nature22
of accounting, payroll, budget control, procurement, data processing, and23
personnel management. The secretary of state shall employ, appoint, fix the24
compensation of, remove, assign, and promote such personnel as are necessary25
for the efficient administration of the museum in accordance with civil service26
laws, rules, and regulations.27
B. The board, in cooperation with any nonprofit corporation established28
to support the Louisiana Political Museum and Hall of Fame, may solicit and29 SB NO. 217
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accept gifts and donations for the purposes of the Political Museum and Hall of1
Fame. Any funds so accepted may be expended by the board, the nonprofit2
corporation, or the Department of State as otherwise provided by law.3
C.(1) The provisions of R.S. 36:810 and 811 shall be applicable to the4
museum and its advisory board placed within the Department of State by this5
Section.6
(2) No records, books, or papers stored in the museum or on museum7
premises shall be removed or transferred from the museum vault without the8
approval of the secretary of state.9
Section 3. R.S. 25:342(B)(3)(i) and 380.143(C)(3) and R.S. 36:209(W)(2) and (Y)10
are hereby repealed.11
Section 4.A. No action shall be taken under the provisions of this Act until all debts12
or other obligations are secured by or otherwise encumber any property to be transferred to13
the Department of State have been paid or otherwise removed from such property.14
B. If the transfer provided for in this Act is not made within four years of July 1,15
2011, this Act shall be null and void and of no effect.16
Section 5. This Act shall become effective only on the effective date of an17
appropriation of funds by the legislature to fund the provisions of this Act.18
The original instrument was prepared by Nancy Vicknair. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Linda Nugent.
DIGEST
Long (SB 217)
Present law provides for the establishment of the La. Political Museum and Hall of Fame
("museum") in the town of Winnfield in 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 museums 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
museums in the Dept. of Culture, Recreation, and Tourism to the secretary of state.
Present law creates the advisory board ("board") of the museum within the Dept. of Culture,
Recreation, and Tourism. Present law further provides for membership and appointment of
board members by the lieutenant governor and requires the board to advise the lieutenant SB NO. 217
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governor on all matters relating to the operations of the museum. Present law further
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 relative 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. Proposed law provides for the secretary of state to appoint the members
of the board and requires that, to the extent possible, there be at least one member from each
congressional district.
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
within its jurisdiction.
Proposed law 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 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. Proposed law 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 that
are in the nature of accounting, payroll, budget control, procurement, data processing, and
personnel management. Proposed law 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. SB NO. 217
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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 that no records, books, or papers stored in the museum or on museum
premises are to be removed or transferred from the museum without the approval of the
board.
Proposed law provides that no action be taken under the provisions of proposed law until all
debts or other obligations that 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, then proposed law is null and void and of no effect.
Effective upon the effective date of a legislative appropriation of funds to finance the
provisions of proposed law.
(Amends R.S. 25:342(B)(3)(c) through (h), 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. 342(B)(3)(i) and
380.143(C)(3) and R.S. 36:209(W)(2) and (Y))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Senate and
Governmental Affairs to the original bill.
1. Deletes provision of proposed law that the board of the La. Political Museum
and Hall of Fame is to exercise its powers, duties, and functions
independently of the secretary of state.
2. Deletes provision of proposed law requiring 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 proposed law on July 1, 2011.
3. Deletes provision that proposed law is effective upon signature of the
governor.
Senate Floor Amendments to engrossed bill.
1. Requires secretary of state, to the greatest extent possible, to appoint at least one
member who resides in each congressional district to the advisory board.
2. Legislative Bureau technical amendments.