SLS 16RS-477 ORIGINAL
2016 Regular Session
SENATE BILL NO. 249
BY SENATOR LAFLEUR
MUSEUMS. Transfers jurisdiction of the Louisiana State Exhibit Museum from the Dept.
of State to the Dept. of Culture, Recreation and Tourism. (gov sig)
1 AN ACT
2 To amend and reenact R.S. 25:379, 379.1, 379.2(B)(5), 379.3(B), 379.4 and 379.5(A), and
3 R.S. 36:801.6, to enact R.S. 36:209(B)(4), and to repeal R.S. 36:744(I) and (J),
4 relative to the Louisiana State Exhibit Museum; to provide for the transfer of
5 jurisdiction over the museum from the Department of State to the Department of
6 Culture, Recreation and Tourism; and to provide for related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 25:379, 379.1, 379.2(B)(5), 379.3(B), 379.4, and 379.5(A) are hereby
9 amended and reenacted to read as follows:
10 §379. Establishment and location; purpose and use
11 A. The facility known prior to June 6, 1991, as the Louisiana State
12 Museum-Shreveport is hereby renamed the Louisiana State Exhibit Museum. The
13 Louisiana State Exhibit Museum is established as a facility in the city of Shreveport
14 under the overall jurisdiction of the Department of State Culture, Recreation and
15 Tourism, as more specifically provided in this Chapter and in R.S. 36:801.6.
16 B. The Louisiana State Exhibit Museum shall be a pre-historical, historical,
17 cultural, scientific, and technological educational institution whose primary purpose
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1 shall be to research, collect, preserve, and present, as an educational resource,
2 documents, artifacts, objects of art, and the like that reflect the social history, cultural
3 history, natural history, and culture of Louisiana emphasizing the northwest region
4 of Louisiana.
5 §379.1. Regional museum governing board; creation; domicile; appointment and
6 compensation of members
7 A. The Regional Museum Governing Board of the Louisiana State Exhibit
8 Museum is hereby created in the Department of State Culture, Recreation and
9 Tourism.
10 B. The domicile of the board shall be the city of Shreveport.
11 C.(1) The board shall be composed of members who all have a knowledge
12 of, and an interest in, art, history, including political history, and cultural restoration.
13 (2) The board shall be composed and the members selected as follows:
14 (a) Ten members shall be appointed by the secretary of state lieutenant
15 governor to serve two-year terms from an area composed of the following parishes:
16 Bienville, Bossier, Caddo, Claiborne, DeSoto, Lincoln, Natchitoches, Red River,
17 Sabine, and Webster.
18 (b) One member shall be appointed by the secretary of state lieutenant
19 governor to serve a two-year term from among the members of the Louisiana State
20 Fair Board.
21 (c) Ten members shall be appointed by the secretary of state lieutenant
22 governor to serve four-year terms from a list of fifteen names submitted by the
23 Friends of the Louisiana State Exhibit Museum and Discovery Center.
24 (d) The museum chief administrative officer and the museum director, if any,
25 shall each be an ex officio member of the board.
26 D. Each appointed member shall be confirmed by the Senate and those
27 members serving four-year terms shall serve terms concurrent with the governor.
28 Each member shall serve until his successor is appointed and takes office.
29 E. Members of the board shall serve without compensation.
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1 §379.2. Duties and powers of the board
2 * * *
3 B. The board shall:
4 * * *
5 (5) Advise the secretary of state lieutenant governor on all matters relating
6 to the operations of the Louisiana State Exhibit Museum and shall have such other
7 functions as are otherwise provided in this Chapter and R.S. 36:801.6.
8 * * *
9 §379.3. The Louisiana State Exhibit Museum, administration; Department of State
10 Culture, Recreation and Tourism, powers and functions
11 * * *
12 B. The board shall have custody of, and, together with the Department of
13 State Culture, Recreation and Tourism, shall administer, manage, operate,
14 maintain, and preserve the buildings, collections, and exhibitions of the Louisiana
15 State Exhibit Museum located in the city of Shreveport including, but not limited to,
16 the museum.
17 * * *
18 §379.4. Operating funds; appropriations by the legislature
19 A. The Department of State Culture, Recreation and Tourism shall include
20 in its annual budget request submission, as required by R.S. 39:32, a request for
21 funds necessary for support of the Louisiana State Exhibit Museum. The governor
22 shall include in the executive budget submitted to the legislature sufficient funding
23 for the support of operations of the museum.
24 B.(1) If sufficient funds necessary for the operation of the Louisiana State
25 Exhibit Museum are not appropriated by the legislature, and funds from other local,
26 public, or private sources are not available for this purpose, the Department of State
27 Culture, Recreation and Tourism is authorized to temporarily close the museum
28 to the public until such time as sufficient funds necessary for the operation of the
29 museum are appropriated by the legislature. The Department of State Culture,
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1 Recreation and Tourism shall maintain the museum during any period of
2 temporary closure.
3 (2) The Department of State Culture, Recreation and Tourism may accept
4 and use, in accordance with law, gifts, grants, bequests, donations, endowments, or
5 funds from any public or private source to support the operations of the museum.
6 §379.5. Donations and loans; disposition of property
7 A. The Department of State Culture, Recreation and Tourism and the
8 board, jointly or separately, may solicit and accept funds, governmental grants,
9 donations, and contributions of lands, buildings, monies, relics, works of art, or other
10 property on behalf of and as additions to the Louisiana State Exhibit Museum either
11 in the form of loans or in the form of donations inter vivos or mortis causa, and the
12 Department of State Culture, Recreation and Tourism may acquire them by
13 purchase, lease or otherwise, subject to the terms, conditions, or limitations
14 contained in the instrument by which such property is acquired. However, the board
15 may enter into any and all contracts with any person, lender, or donor that it may
16 deem fit, proper, and necessary to accept and receive such lands, buildings, monies,
17 relics, works of art, or other property on behalf of and as additions to the Louisiana
18 State Exhibit Museum. The museum may serve as the beneficiary of any public trust
19 heretofore or hereafter created for such purpose pursuant to the provisions of R.S.
20 9:2341 et seq.
21 * * *
22 Section 2. R.S. 36:801.6 is hereby amended and reenacted and R.S. 36:209(B)(4) is
23 hereby enacted to read as follows:
24 §209. Transfer of boards, commissions, departments, and agencies to Department of
25 Culture, Recreation and Tourism
26 * * *
27 B. * * *
28 (4) The Louisiana State Exhibit Museum (R.S. 25:379 et seq.) and the
29 Regional Museum Governing Board of the Louisiana State Exhibit Museum are
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1 placed within the Department of Culture, Recreation and Tourism.
2 * * *
3 §801.6. Transfer; Regional Museum Governing Board of the Louisiana State
4 Exhibit Museum
5 A. The Regional Museum Governing Board of the Louisiana State Exhibit
6 Museum placed within the Department of State Culture, Recreation and Tourism
7 shall exercise all powers, duties, functions, and responsibilities provided or
8 authorized by law which are in the nature of policymaking, rulemaking, regulation,
9 enforcement, or adjudication. The board shall exercise all advisory powers, duties,
10 and functions provided by law. The board shall administer and implement all
11 programs provided or authorized by law. The board, with the approval of the
12 lieutenant governor or secretary of the department, shall employ, appoint, fix the
13 compensation of, remove, assign, and promote such personnel as is necessary for the
14 efficient administration of its powers, duties, functions, and responsibilities and for
15 the administration of its programs, in accordance with civil service laws, rules, and
16 regulations. The board shall exercise the powers, duties, functions, and
17 responsibilities and shall administer and implement the programs authorized in this
18 Section independently of the lieutenant governor or secretary, except as otherwise
19 provided herein. The board shall be responsible for the performance and
20 administration of its day-to-day operations, except that the lieutenant governor or
21 secretary of the department shall be responsible for those matters which are in the
22 nature of accounting, payroll, budget control, procurement, data processing, and
23 personnel management, and shall have the authority to transfer or implement any or
24 all of said functions through the lieutenant governor or secretary and the
25 department.
26 B. Nothing shall authorize monies, property, or personnel budgeted or
27 assigned to the board to be transferred to or to be used by the department without
28 prior approval of the board.
29 C. The board may solicit and accept gifts and donations for the purposes of
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1 the Louisiana State Exhibit Museum. Any funds so accepted may be expended by the
2 board or by the Department of State Culture, Recreation and Tourism as otherwise
3 provided by law.
4 Section 3. R.S. 36:744(I) and (J) are hereby repealed.
5 Section 4. This Act shall become effective upon signature by the governor or, if not
6 signed by the governor, upon expiration of the time for bills to become law without signature
7 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
8 vetoed by the governor and subsequently approved by the legislature, this Act shall become
9 effective on the day following such approval.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Margaret M. Corley.
DIGEST
SB 249 Original 2016 Regular Session LaFleur
Present law provides for the establishment of the Louisiana State Exhibit Museum under the
jurisdiction of the Department of State.
Proposed law transfers the jurisdiction of the museum from the Department of State to the
Department of Culture, Recreation and Tourism.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 25:379, 379.1, 379.2(B)(5), 379.3(B), 379.4 and 379.5(A), and R.S. 36:801.6;
adds R.S. 36:209(B)(4); repeals R.S. 36:744(I) and (J))
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