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2015 Regular Session
SENATE BILL NO. 153
BY SENATOR MARTINY
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
MUSEUMS. Provides relative to the Louisiana State Museum. (1/12/16)
1 AN ACT
2 To amend and reenact the introductory paragraph of R.S. 25:341(D), (1) and (2), (E), and
3 (F)(3), 342(A)(5), (6), (7), and (8), (B)(1) and (2), 343, and R.S. 42:1111(A)(1), and
4 to enact R.S. 25:342(A)(9), relative to the Louisiana State Museum; to provide for
5 the board of directors; to provide for terms; to provide for powers and duties; to
6 provide for the museum director; to provide for an exception to the Ethics Code; and
7 to provide for related matters.
8 Be it enacted by the Legislature of Louisiana:
9 Section 1. The introductory paragraph of R.S. 25:341(D), (1) and (2), (E), and (F)(3),
10 342(A)(5), (6), (7), and (8), (B)(1) and (2), and 343 are hereby amended and reenacted, and
11 R.S. 25:342(A)(9) is hereby enacted to read as follows:
12 §341. Establishment and location; purpose; board of directors; appointment;
13 compensation of members; terms; oaths
14 * * *
15 D. The Board of Directors of the Louisiana State Museum shall be composed
16 of members as provided in this Subsection. The secretary of the Department of
17 Culture, Recreation and Tourism shall serve as a member of the board. Each
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1 additional member of the board shall have a knowledge of and interest in art, history,
2 and cultural restoration. Further, each member nominee shall have experience
3 in at least one of the following subject areas: marketing, law, historic
4 preservation, museum sciences, finance, accounting, business administration,
5 fundraising for nonprofits, facility management, community or consumer
6 advocacy, or other pertinent disciplines. Additional members of the board shall
7 be appointed by the lieutenant governor as follows:
8 (1) Each of the following shall submit a list of four names, and the lieutenant
9 governor shall appoint one member from each list members in a manner described
10 in this Paragraph:
11 (a) The Two members nominated by the Friends of the Cabildo.
12 (b) The One member nominated by the Louisiana Historical Society.
13 (c) The One member nominated by the Louisiana Historical Association.
14 (d) The One member nominated by the Foundation for Historical
15 Louisiana, Inc.
16 (e) The One member nominated by the Wedell-Williams Memorial
17 Foundation of the Wedell-Williams Aviation and Cypress Sawmill Foundation in
18 Patterson.
19 (f) The Two members nominated by the Louisiana Museum Foundation.
20 (g) The One member nominated by the Friends of the Edward Douglass
21 White Historic Site.
22 (h) The One member nominated by the Louisiana Sports Hall of Fame
23 Foundation.
24 (i) The One member nominated by the Louisiana Civil Rights Museum
25 Advisory Board.
26 (j) Two members nominated by the Friends of Capitol Park Museum.
27 (2) Eleven Seven members shall be appointed from the state at large in such
28 manner as to provide that membership on the board will reflect the ethnic and
29 cultural diversity of the population of the state and encourage statewide
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1 representation on the board.
2 * * *
3 E.(1) Each Except as provided for in Paragraph (2) of this Subsection
4 regarding initial appointments, each member appointed pursuant to Subsection D
5 of this Section shall serve a term concurrent with that of the lieutenant governor
6 making the appointment of four years. Each member shall serve until his successor
7 is appointed and takes office. Each appointment by the lieutenant governor shall be
8 submitted to the Senate for confirmation.
9 (2)(a) For members appointed pursuant to Subsection D of this Section,
10 the term of office shall be four years after initial terms as provided in
11 Subparagraph (b) of this Paragraph. A member shall serve no more than two
12 consecutive terms.
13 (b) Five members shall serve an initial term of one year; five members
14 shall serve an initial term of two years; five members shall serve an initial term
15 of three years; five members shall serve an initial term of four years, as
16 determined by lot at the first meeting of the board.
17 F. * * *
18 (3) When a vacancy occurs among the at-large members appointed pursuant
19 to the provisions of Paragraph (D)(2) of this Section, then the lieutenant governor
20 shall appoint a person to fill the vacancy within thirty days of the vacancy. The
21 member appointed to fill a vacancy shall serve the remainder of the unexpired term.
22 * * *
23 §342. Domicile; powers and duties of the office of the state museum and the board;
24 buildings and properties administered
25 A. * * *
26 (5) The board shall assist the secretary and assistant secretary in
27 establishing fiscal policies, including but not limited to operational budgets and
28 financial controls over existing and new projects.
29 (6) The museum shall be open to the public. The assistant secretary of the
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1 office of the state museum may establish in accordance with the Administrative
2 Procedure Act admission and tour fees and user or rental fees for any or all museum
3 buildings and exhibits to be charged by the museum. Such user or rental fees shall
4 reflect the actual cost of maintenance of the space rented and the market rates for
5 comparable space in the locality of the space rented.
6 (6)(7) The office of the state museum, through the assistant secretary and in
7 cooperation with nonprofit corporations established to support the Louisiana State
8 Museum, may seek private funding to support the museum's programs.
9 (7)(8) The office of the state museum, through the assistant secretary, shall
10 have authority to contract with consulting experts in the fields of museum
11 administration and conservation of paintings, books and papers, and other decorative
12 arts, and with appraisers, buying agents, designers, engineers, attorneys, accountants,
13 construction and financial experts, and other such persons as may be necessary to
14 carry out the purposes of the museum.
15 (8)(9) Notwithstanding any provisions of law to the contrary and in particular
16 the provisions of R.S. 25:349(B)(5) and R.S. 41:1212, the office of the state
17 museum, through the assistant secretary, may enter into contracts and agreements
18 with any public agency or nonprofit corporation which has been established for the
19 primary purpose of supporting the programs and activities of the Louisiana State
20 Museum, including the Friends of the Cabildo, Friends of the Museums of Local
21 Interest, Friends of the Louisiana Sports Hall of Fame, the Wedell-Williams
22 Memorial Foundation, and the Louisiana Museum Foundation, for the establishment
23 of offices, stores, or exhibits on the property and in the buildings of the museum. The
24 office of the state museum, through the assistant secretary, may also enter into
25 contracts and agreements for joint construction, equipment, maintenance, and
26 financing of such buildings, and may enter into contracts and agreements for the joint
27 financing, supervision, and conduct of cooperative enterprises and undertakings. Any
28 public agency may enter into contracts and agreements with the office of the state
29 museum for the purposes provided in this Paragraph.
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1 B.(1) The domicile of the board shall be the city of New Orleans, provided
2 that the office of the state museum may establish additional offices within such
3 museum facilities as it may deem advisable, after consultation with the board.
4 (2) The board shall advise the secretary of the Department of Culture,
5 Recreation and Tourism and the assistant secretary of the state museum shall consult
6 with the board with respect to policies for the state museum. The board shall
7 continue to exercise its powers, duties, and functions with respect to accessions,
8 deaccessions, loans, and conservation of museum properties and collections in
9 accordance with professional museum practices as established by the American
10 Association of Museums, except as otherwise provided by law; and the members
11 thereof shall continue to serve as trustees for the William Irby Trust.
12 * * *
13 §343. Museum director; appointment; powers and duties
14 A. The lieutenant governor shall appoint a professional director of the
15 Louisiana State Museum who shall have at least ten years of experience in
16 institutional administration and curatorship in a field related to the purposes and
17 activities of the museum. The director shall serve as the assistant secretary of the
18 office of the state museum. The director shall serve at the pleasure of the lieutenant
19 governor and receive such salary as fixed by the lieutenant governor. The museum
20 director shall serve as executive and administrative officer of the board and shall
21 discharge all operational, maintenance, administrative, and executive functions of
22 the board, subject to the control, jurisdiction, and supervision of the secretary of the
23 department. The museum director shall be appointed by the lieutenant governor
24 from a list of three candidates nominated by a search committee appointed by
25 the board. The lieutenant governor shall make the appointment no later than
26 sixty days after receiving the list of candidates from the search committee. The
27 board shall establish criteria for the position of director that includes but is not
28 limited to possession of a masters' degree in Museum Science, or a related field,
29 and shall provide clear evidence of successful performance as a skilled
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1 professional.
2 B. The director shall serve as the assistant secretary of the office of the
3 state museum.
4 C. The salary of the director shall be commensurate with the other
5 assistant secretary positions. The salary may be additionally supplemented
6 beyond the normal amount by the board or Louisiana museum foundations as
7 provided for in the Ethics Code.
8 Section 2. R.S. 42:1111(A)(1) is hereby amended and reenacted to read as follows:
9 §1111. Payment from nonpublic sources
10 A.(1) Payments for services to the governmental entity. No public servant
11 shall receive anything of economic value, other than compensation and benefits from
12 the governmental entity to which he is duly entitled, for the performance of the
13 duties and responsibilities of his office or position; however,.
14 (a) Notwithstanding the introductory paragraph to this Subsection,
15 supplementary compensation or benefits provided to an employee of a public higher
16 education institution, board, or system from funds or property accruing to the benefit
17 of the institution, board, or system as approved by the appropriate policy or
18 management board, through an alumni organization recognized by the management
19 board of a college or university within the state or through a foundation organized
20 by the alumni or other supportive individuals of a college or university within the
21 state the charter of which specifically provides that the purpose of the foundation is
22 to aid said college or university in a philanthropic manner shall be deemed for
23 purposes of this Subsection as compensation and benefits from the government to
24 which he is duly entitled.
25 (b) Notwithstanding the introductory paragraph to this Subsection,
26 supplementary compensation or benefits provided to the director of the
27 Louisiana State Museum as approved by the board of directors of the Louisiana
28 State Museum through the board or a foundation organized to support any
29 particular museum under the jurisdiction of the Louisiana State Museum whose
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1 charter specifically provides that the purpose of the foundation is to aid said
2 museum in a philanthropic manner shall be deemed for purposes of this
3 Subsection as compensation and benefits from the government to which he is
4 duly entitled.
5 * * *
6 Section 3. This Act shall become effective on January 12, 2016.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alan Miller.
DIGEST
SB 153 Engrossed 2015 Regular Session Martiny
Present law requires that the appointed members of the Board of Directors of the La. State
Museum have a knowledge of and interest in art, history, and cultural restoration.
Proposed law retains present law and further requires that the appointed members have
experience in marketing, law, historic preservation, museum sciences, finance, accounting,
business administration, fundraising for nonprofits, facility management, community or
consumer advocacy, or other pertinent disciplines.
Proposed law retains present law that the secretary of Culture, Recreation and Tourism serve
as a board member.
Present law provides that members be appointed by the lieutenant governor as follows:
(1)Each of the following shall submit a list of four names, and the lieutenant governor
shall appoint one member from each list:
(a)The Friends of the Cabildo.
(b)The Louisiana Historical Society.
(c)The Louisiana Historical Association.
(d)The Foundation for Historical Louisiana, Inc.
(e)The Wedell-Williams Memorial Foundation of the Wedell-Williams
Aviation and Cypress Sawmill Foundation in Patterson.
(f)The Louisiana Museum Foundation.
(g)The Friends of the Edward Douglass White Historic Site.
(h)The Louisiana Sports Hall of Fame Foundation.
(i)The Louisiana Civil Rights Museum Advisory Board.
(2)11 members shall be appointed from the state at large in such manner as to provide
that membership on the board will reflect the ethnic and cultural diversity of the
population of the state and encourage statewide representation on the board.
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Proposed law provides that members be appointed by the lieutenant governor as follows:
(1)Each of the following shall submit a list of four names, and the lieutenant governor
shall appoint members in a manner described below:
(a)Two members nominated by the Friends of the Cabildo.
(b)One member nominated by the Louisiana Historical Society.
(c)One member nominated by the Louisiana Historical Association.
(d)One member nominated by the Foundation for Historical Louisiana, Inc.
(e)One member nominated by the Wedell-Williams Memorial Foundation of the
Wedell-Williams Aviation and Cypress Sawmill Foundation in Patterson.
(f)Two members nominated by the Louisiana Museum Foundation.
(g)One member nominated by the Friends of the Edward Douglass White
Historic Site.
(h)One member nominated by the Louisiana Sports Hall of Fame Foundation.
(i)One member nominated by the Louisiana Civil Rights Museum Advisory
Board.
(j)Two members nominated by the Friends of Capitol Park Museum.
(2)Seven members shall be appointed from the state at large in such manner as to
provide that membership on the board will reflect the ethnic and cultural diversity
of the population of the state and encourage statewide representation on the board.
Present law provides that each appointed member shall serve a term concurrent with the term
of the lieutenant governor making the appointment.
Proposed law provides that the term of each appointment member shall be for four years.
Proposed law further provides that the appointments be staggered after the initial term.
Initially, five members shall serve a term of one year; five members shall serve a term of two
years; five members shall serve a term of three years; five members shall serve a term of
four years, as determined by lot at the first meeting of the board.
Proposed law prohibits an appointed member from serving more than two consecutive terms.
Requires the lieutenant governor to fill a vacancy within 30 days.
Proposed law requires the board to assist the secretary of CRT and assistant secretary in
establishing fiscal policies, including but not limited to operational budgets and financial
controls over existing and new projects.
Present law provides that the board advise the secretary of CRT and the assistant secretary
of the office of the state museum with respect to policies for the state museum.
Proposed law requires that the secretary of CRT and the assistant secretary of the office of
the state museum consult with the board with respect to policy for the office of state
museum.
Present law provides that the lieutenant governor appoint a professional director of the La.
State Museum who shall have at least 10 years of experience in institutional administration
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and curatorship in a field related to the purposes and activities of the museum. Present law
further provides that the director shall serve as the assistant secretary of the office of the
state museum and that he shall serve at the pleasure of the lieutenant governor and receive
such salary as fixed by the lieutenant governor. Present law further provides that the museum
director serve as executive and administrative officer of the board and shall discharge all
operational, maintenance, administrative, and executive functions of the board, subject to
the control, jurisdiction, and supervision of the secretary of the department.
Proposed law provides that the museum director be appointed by the lieutenant governor
from a list of three candidates nominated by a search committee appointed by the board.
Proposed law further requires the lieutenant governor to make the appointment no later than
60 days after receiving the list of candidates from the search committee. Proposed law
requires that the board establish criteria for the position of museum director that includes but
is not limited to a master's degree in Museum Sciences, or a related field, and provide clear
evidence of successful performance, with no fewer than 10 years experience as a skilled
professional.
Proposed law provides for the director to serve as assistant secretary of the office of the state
museum.
Proposed law provides that the salary of the director be paid by the department
commensurate with the other assistant secretary positions and that the salary may be
additionally supplemented beyond the normal amount by the board or Louisiana museum
foundations as provided for in the Ethics Code.
Present law prohibits any public servant from receiving anything of economic value, other
than compensation and benefits from the governmental entity to which he is duly entitled,
for the performance of the duties and responsibilities of his office or position.
Present law authorizes that supplementary compensation or benefits provided to an
employee of a public higher education institution, board, or system from funds or property
accruing to the benefit of the institution, board, or system as approved by the appropriate
policy or management board, through an alumni organization recognized by the management
board of a college or university within the state or through a foundation organized by the
alumni or other supportive individuals of a college or university within the state the charter
of which specifically provides that the purpose of the foundation is to aid said college or
university in a philanthropic manner shall be deemed for purposes of present law as
compensation and benefits from the government to which he is duly entitled.
Proposed law retains present law, and further authorizes that supplementary compensation
or benefits provided to the director of the Louisiana State Museum as approved by the board
of directors of the Louisiana State Museum through the board or a foundation organized to
support any particular museum under the jurisdiction of the Louisiana State Museum whose
charter specifically provides that the purpose of the foundation is to aid said museum in a
philanthropic manner shall be deemed for purposes of present law as compensation and
benefits from the government to which he is duly entitled.
Effective January 12, 2016.
(Amends R.S. 25:341(D)(intro para), (1) and (2), (E), and (F)(3), 342(A)(5), (6), (7), and (8),
(B)(1) and (2), 343, and R.S. 42:1111(A)(1); adds R.S. 25:342(A)(9))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Education to the
original bill
1. Increases the number of members to be appointed by the lieutenant governor
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from nominations by the Friends of the Capitol park Museum from one to
two members.
2. Decreases the number of members appointed from the state at large from
eight to seven.
3. Increases the number of candidates for museum director nominated by the
search committee of the board and sent to the lieutenant governor for
consideration and appointment from two to three.
4. Removes the requirement that directors has at least 10 years experience in
any of several enumerated subject areas.
5. Deleted references to the museum director's contract.
6. Deleted the provision that the museum director shall only be terminated for
cause.
7. Technical amendments.
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