Louisiana 2015 2015 Regular Session

Louisiana Senate Bill SB153 Comm Sub / Analysis

                    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. 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 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 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.