SLS 20RS-285 ORIGINAL 2020 Regular Session SENATE BILL NO. 104 BY SENATOR MILLIGAN MUSEUMS. Provides for board membership and authority of certain state museums. (gov sig) 1 AN ACT 2 To amend and reenact R.S. 25:374(A)(1), 379.2(B) and (C)(3), 379.3(C), 380.1(C)(2) and 3 (D), 380.2(B) and (C), 380.22(C) and (D), 380.23(B) and (C), 380.52(C) and (E), 4 380.53(B) and (C), 380.82(C) and (E), 380.83(B) and (C), 380.92(C) and (E), 5 380.93(B) and (C), 380.132(C), 380.133(B) and (C), 380.152(C) and (E), 380.153(B) 6 and (C), R.S. 36:801.6, 801.7, 801.9, 801.12, 801.16, 801.20, 801.22, to enact R.S. 7 25:379.7, 380.6, 380.27, 380.57, 380.87, 380.97, 380.137, and 380.157, and to repeal 8 R.S. 25:379.2(C)(4), relative to museums; to provide for meetings and membership 9 of certain museum governing boards; to provide for authority of each governing 10 board; to authorize the secretary of state to establish policies, rules, and regulations 11 for the operation of each museum; and to provide for related matters. 12 Be it enacted by the Legislature of Louisiana: 13 Section 1. R.S. 25:374(A)(1), 379.2(B) and (C)(3), 379.3(C), 380.1(C)(2) and (D), 14 380.2(B) and (C), 380.22(C) and (D), 380.23(B) and (C), 380.52(C) and (E), 380.53(B) and 15 (C), 380.82(C) and (E), 380.83(B) and(C), 380.92(C) and (E), 380.93(B) and (C), 16 380.132(C), 380.133(B) and (C), 380.152(C) and (E), 380.153(B) and (C) are hereby 17 amended and reenacted and R.S. 25:379.7, 380.6, 380.27, 380.57, 380.87, 380.97, 380.137, Page 1 of 33 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 104 SLS 20RS-285 ORIGINAL 1 and 380.157 are hereby enacted to read as follows: 2 §374. Domicile; powers and duties of the board 3 A.(1) The board shall meet once each quarter at least three times a year, 4 unless additional meetings are called by the secretary of state or the governor. 5 * * * 6 §379.2. Duties and powers of the board 7 * * * 8 B. The board shall: 9 (1) Meet at least once each quarter three times a year at the call of the board 10 chairman. 11 (2)(a) Create an executive committee consisting of the chairman and vice 12 chairman of the board and other board members as the board may determine. 13 (b) A majority of the members of the committee shall constitute a quorum for 14 the transaction of business. However, when the board has delegated to the committee 15 full power to act with respect to a matter, affirmative action by a majority of the 16 entire committee membership shall be required. 17 (c) The committee shall meet at least monthly, except in those months in 18 which the board meets, or at the call of the chairman. 19 (d) The committee shall consider such matters as are referred to it by the 20 board. It shall execute such orders and resolutions as shall be assigned to it at any 21 meeting of the board, and it shall also take such action as is necessary when an 22 emergency requiring immediate action arises during the interim between board 23 meetings. All acts of the committee shall be submitted to the board for ratification 24 or rejection at its next meeting except in matters in which the board has delegated to 25 the committee full power to act. 26 (3) Adopt bylaws and establish policies and procedures for the museum's 27 governance, including but not limited to the following: 28 (a) The election and responsibilities of the officers of the board, including a 29 chairman and vice chairman to serve terms of two years. Page 2 of 33 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 104 SLS 20RS-285 ORIGINAL 1 (b) The selection, term, compensation, and responsibilities of advisors to the 2 board. 3 (c) The employment, term, compensation, and responsibilities of a museum 4 chief administrative officer. 5 (d) The employment, term, compensation, and responsibilities of a museum 6 director. The director shall have at least five years of experience in institutional 7 administration and curatorship or possess a doctorate degree in a field related to the 8 purposes and activities of the museum. The museum director may also serve as the 9 museum chief administrative officer. 10 (e) The appointment, duties, and functions of standing and special 11 committees of the board, including the appointment of nonboard members to such 12 committees and their functions. 13 (f) (d) The preparation of a budget and plan for funding sufficient to maintain 14 standards necessary to qualify for and maintain the accreditation of the American 15 Association of Museums. 16 (4) Establish policies, rules, and regulations for the operation of the museum 17 in accordance with the Administrative Procedure Act, including setting and charging 18 admission and tour fees and user or rental fees to any or all museum buildings and 19 exhibits, and such user or rental fees shall reflect the actual costs of maintenance of 20 the space rented and the market rates for comparable space in the locality of the 21 space rented. 22 (5) Advise the secretary of state on all matters relating to the operations of 23 the Louisiana State Exhibit Museum and shall have such other functions as are 24 otherwise provided in this Chapter and R.S. 36:801.6. 25 (6) (5) Establish and use an identifying seal pertaining to museum business. 26 C. The board may: 27 * * * 28 (3) Contract with consulting experts in the fields of museum administration 29 and for the conservation of paintings, books and papers, and other decorative arts, Page 3 of 33 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 104 SLS 20RS-285 ORIGINAL 1 and with appraisers, buying agents, designers, engineers, attorneys, accountants, 2 construction and financial experts, and other such persons as may be necessary to 3 carry out the purposes for the accession and deaccession of artifacts, and for the 4 accreditation of the museum. 5 §379.3. The Louisiana State Exhibit Museum, administration; Department of State, 6 powers and functions 7 * * * 8 C. Notwithstanding any provision of the law to the contrary, and in particular 9 the provisions of R.S. 41:1212, the board may enter into contracts and agreements 10 with any public agency or nonprofit corporation which has been established for the 11 primary purpose of supporting the programs and activities of the Louisiana State 12 Exhibit Museum, including the Friends of the Louisiana State Exhibit Museum, for 13 the establishment of offices, stores, or exhibits on the property of and in the 14 Louisiana State Exhibit Museum. The board may enter into contracts and agreements 15 for joint construction, equipment, maintenance, and financing thereof, and may enter 16 into contracts and agreements for the joint financing, supervision, and conduct of 17 cooperative enterprises and undertakings. Any public agency may enter into 18 contracts and agreements with the board for the purposes mentioned in this 19 Subsection. 20 * * * 21 §379.7. Secretary of state; rules and regulations 22 The secretary of state may adopt policies, rules, and regulations for the 23 operation of the museum in accordance with the Administrative Procedure Act. 24 * * * 25 §380.1. Governing board; creation; domicile; appointment and compensation of 26 members 27 * * * 28 C.(1) * * * 29 (2) The board shall be composed and the members selected as follows of the Page 4 of 33 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 104 SLS 20RS-285 ORIGINAL 1 following members: 2 (a) Five members shall be appointed by the secretary of state from a list of 3 ten names submitted and nominated by the legislative delegation from the parishes 4 of East Carroll, West Carroll, Madison, Franklin, Richland, Morehouse, Ouachita, 5 Tensas, Caldwell, and Concordia to serve four-year terms from an area composed of 6 the following parishes: East Carroll, West Carroll, Madison, Franklin, Richland, 7 Morehouse, Ouachita, Tensas, Caldwell, and Concordia. 8 (b) One member shall be appointed by the secretary of state to serve a 9 two-year term from among the members of the Cotton Producers Association. 10 (c) Five Six members shall be appointed by the secretary of state to serve 11 four-year terms from a list of ten names submitted and nominated by the Friends of 12 the Louisiana State Cotton Museum. 13 (d) (c) The secretary of state or his designee, and shall serve as a member. 14 (d) the The museum chief administrative officer and the museum director, 15 if any, shall each be an ex officio member of the board. 16 (e) The commissioner of agriculture and forestry, or his designee. 17 (f) One member shall be appointed by the secretary of state to serve a 18 two-year term from the members of the cotton division of the Louisiana Farm 19 Bureau. 20 D. Each appointed member shall be confirmed by the Senate and those 21 members serving four-year terms shall serve terms a term concurrent with the 22 governor secretary of state. Each member shall serve until his successor is 23 appointed and takes office. 24 * * * 25 §380.2. Duties and powers of the board 26 * * * 27 B. The board shall: 28 (1) Meet at least once each quarter three times a year at the call of the board 29 chairman. Page 5 of 33 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 104 SLS 20RS-285 ORIGINAL 1 (2)(a) Create an executive committee consisting of the chairman and vice 2 chairman of the board and other board members as the board may determine. 3 (b) A majority of the members of the committee shall constitute a quorum for 4 the transaction of business. However, when the board has delegated to the committee 5 full power to act with respect to a matter, affirmative action by a majority of the 6 entire committee membership shall be required. 7 (c) The committee shall meet at least quarterly, except in those months in 8 which the board meets, or at the call of the chairman. 9 (d) The committee shall consider such matters as are referred to it by the 10 board. It shall execute such orders and resolutions as shall be assigned to it at any 11 meeting of the board, and it shall also take such action as is necessary when an 12 emergency requiring immediate action arises during the interim between board 13 meetings. All acts of the committee shall be submitted to the board for ratification 14 or rejection at its next meeting except in matters in which the board has delegated to 15 the committee full power to act. 16 (3) Adopt bylaws and establish policies and procedures for the museum's 17 governance, including but not limited to the following: 18 (a) The election and responsibilities of the officers of the board, including a 19 chairman and vice chairman to serve terms of two years. 20 (b) The selection, term, compensation, and responsibilities of advisors to the 21 board. 22 (c) The employment, term, compensation, and responsibilities of a museum 23 chief administrative officer. 24 (d) The employment, term, compensation, and responsibilities of a museum 25 director. The director shall have at least five years of experience in institutional 26 administration and curatorship and possess a doctorate degree in a field related to the 27 purposes and activities of the museum. The museum director may also serve as the 28 museum chief administrative officer. 29 (e) The appointment, duties, and functions of standing and special Page 6 of 33 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 104 SLS 20RS-285 ORIGINAL 1 committees of the board, including the appointment of nonboard members to such 2 committees and their functions. 3 (f) (d) The preparation of a budget and plan for funding sufficient to maintain 4 standards necessary to qualify for and maintain the accreditation of the American 5 Association of Museums. 6 (4) Establish policies, rules, and regulations for the operation of the museum 7 in accordance with the Administrative Procedure Act, including setting and charging 8 admission and tour fees and user or rental fees to any or all museum buildings and 9 exhibits, and such user or rental fees shall reflect the actual costs of maintenance of 10 the space rented and the market rates for comparable space in the locality of the 11 space rented. 12 (5) Advise the secretary of state on all matters relating to the operations of 13 the Louisiana State Cotton Museum and shall have such other functions as are 14 otherwise provided in this Chapter and R.S. 36:801.7. 15 (6) (5) Establish and use an identifying seal pertaining to museum business. 16 C. The board may: 17 (1) Individually, or in cooperation with any nonprofit corporation established 18 to support the Louisiana State Cotton Museum, seek and expend funds from any 19 source, public or private, to support programs of the museum. 20 (2) Hold meetings in any of the parishes named in R.S. 25:380.1(C)(2)(a) as 21 directed by the executive committee. 22 (3) Contract with consulting experts in the fields of museum administration 23 and conservation of painting, books and papers, and other decorative arts, and with 24 appraisers, buying agents, designers, engineers, attorneys, accountants, construction 25 and financial experts, and other such persons as may be necessary to carry out the 26 purposes of the museum. 27 (4) Authorize reports and recommendations which include the issuance, 28 publication, or distribution of general information documents or pamphlets, which 29 are published on a regular basis and are generally known as newsletters. Page 7 of 33 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 104 SLS 20RS-285 ORIGINAL 1 * * * 2 §380.6. Secretary of state; rules and regulations 3 The secretary of state may adopt policies, rules, and regulations for the 4 operation of the museum in accordance with the Administrative Procedure Act. 5 * * * 6 §380.22. Governing board; creation; domicile; appointment and compensation of 7 members 8 * * * 9 C.(1) The board shall be composed of members who all have a knowledge 10 of and an interest in oil and oil production. 11 (2) The board shall be composed and the members selected as follows of the 12 following members: 13 (a) One member shall be appointed by the secretary of state, to serve a 14 two-year term, from among the members of the Louisiana Independent Oil Producers 15 Association. 16 (b) Ten Eleven members shall be appointed by the secretary of state, to serve 17 four-year terms, from a list of fifteen names submitted by the Caddo Pine Island Oil 18 and Historical Society. 19 (b) The secretary of state or his designee shall serve as a member. 20 (c) The state archivist or his designee, the museum director, and the museum 21 chief administrative officer, if any, shall each be an ex officio member of the board. 22 (d) The secretary of the Department of Natural Resources or his designee 23 shall be an ex officio member of the board. 24 D. Each appointed member shall be confirmed by the Senate and those 25 members serving four-year terms shall serve terms a term concurrent with the 26 governor the secretary of state. Each member shall serve until his successor is 27 appointed and takes office. 28 * * * 29 §380.23. Duties and powers of the board Page 8 of 33 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 104 SLS 20RS-285 ORIGINAL 1 * * * 2 B. The board shall: 3 (1) Meet at least once each quarter three times a year at the call of the board 4 chairman. 5 (2)(a) Create an executive committee consisting of the chairman and vice 6 chairman of the board and other board members as the board may determine. 7 (b) A majority of the members of the committee shall constitute a quorum for 8 the transaction of business. However, when the board has delegated to the committee 9 full power to act with respect to a matter, affirmative action by a majority of the 10 entire committee membership shall be required. 11 (c) The committee shall meet at the call of the chairman. 12 (d) The committee shall consider such matters as are referred to it by the 13 board. It shall execute such orders and resolutions as shall be assigned to it at any 14 meeting of the board, and it shall also take such action as is necessary when an 15 emergency requiring immediate action arises during the interim between board 16 meetings. All acts of the committee shall be submitted to the board for ratification 17 or rejection at its next meeting except in matters in which the board has delegated to 18 the committee full power to act. 19 (3) Adopt bylaws and establish policies and procedures for the museum's 20 governance, including but not limited to the following: 21 (a) The election and responsibilities of the officers of the board, including a 22 chairman and vice chairman, who shall serve terms of two years. 23 (b) The selection, term, and responsibilities of advisors to the board. The 24 board may appoint not more than five advisors who shall serve without 25 compensation. 26 (c) The employment, term, compensation, and responsibilities of a museum 27 chief administrative officer. 28 (d) The employment, term, compensation, and responsibilities of a museum 29 director. The museum director may also serve as the museum chief administrative Page 9 of 33 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 104 SLS 20RS-285 ORIGINAL 1 officer. 2 (e) The appointment, duties, and functions of standing and special 3 committees of the board including the appointment of nonboard members to such 4 committees and their functions. 5 (f) (d) The preparation of a budget and plan for funding the museum at a 6 level sufficient to maintain standards necessary to qualify for and maintain the 7 accreditation of the American Association of Museums. 8 (4) Establish, in accordance with the Administrative Procedure Act, R.S. 9 49:950 et seq., policies, rules, and regulations for the operation of the museum 10 including setting and charging admission and tour fees and user or rental fees to any 11 or all museum buildings and exhibits. Such user or rental fees shall reflect the actual 12 costs of maintenance of the space rented and the market rates for comparable space 13 in the locality of the space rented. 14 (5) Advise the secretary of state on all matters relating to the operations of 15 the Louisiana State Oil and Gas Museum. 16 (6) (5) Establish and use an identifying seal pertaining to museum business. 17 (7) (6) Perform such other functions as are otherwise provided in this Chapter 18 and R.S. 36:801.9. 19 C. The board may: 20 (1) Individually individually, or in cooperation with any nonprofit 21 corporation established to support the Louisiana State Oil and Gas Museum, seek 22 and expend funds from any source, public or private, to support programs of the 23 museum. 24 (2) Contract with consulting experts in the fields of museum administration 25 and conservation of artifacts, books and papers, and decorative arts, and with 26 appraisers, buying agents, designers, engineers, attorneys, accountants, construction 27 and financial experts, and other such persons as may be necessary to carry out the 28 purposes of the museum. 29 (3) Authorize reports and recommendations which include the issuance, Page 10 of 33 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 104 SLS 20RS-285 ORIGINAL 1 publication, or distribution of general information documents or pamphlets which are 2 published on a regular basis and are generally known as newsletters. 3 * * * 4 §380.27. Secretary of state; rules and regulations 5 The secretary of state may adopt policies, rules, and regulations for the 6 operation of the museum in accordance with the Administrative Procedure Act. 7 * * * 8 §380.52. Governing board; creation; domicile; appointment and compensation of 9 members 10 * * * 11 C. The board shall be comprised of the following members: 12 (1) Fifteen Eleven members shall be appointed by the secretary of state 13 having a knowledge of and an interest in music of the Louisiana Delta. They shall 14 be appointed by the secretary of state from an area composed of the following 15 parishes: Caldwell, Catahoula, Concordia, East Carroll, Franklin, Madison, 16 Morehouse, Ouachita, Richland, Tensas, and West Carroll. They shall serve 17 four-year terms concurrent with the term of the governor. 18 (2) The mayor of Ferriday, the president/CEO of the Ferriday chamber of 19 commerce, the secretary of state or his designee; shall serve as a member. 20 (3) the The museum chief administrative officer, and the museum director, 21 if any, shall each be ex officio members of the board. 22 * * * 23 E. Each appointment made by the secretary of state appointed member shall 24 be subject to confirmation confirmed by the Senate and shall serve a term 25 concurrent with the secretary of state. 26 * * * 27 §380.53. Duties and powers of the board 28 * * * 29 B. The board shall: Page 11 of 33 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 104 SLS 20RS-285 ORIGINAL 1 (1) Meet at least once each quarter three times a year at the call of the board 2 chairman. 3 (2)(a) Create an executive committee consisting of the chairman and vice 4 chairman of the board and other board members as the board may determine. 5 (b) A majority of the members of the committee shall constitute a quorum for 6 the transaction of business. However, when the board has delegated to the committee 7 full power to act with respect to a matter, affirmative action by a majority of the 8 entire committee membership shall be required. 9 (c) The committee shall meet at the call of the board chairman. 10 (d) The committee shall consider such matters as are referred to it by the 11 board. It shall execute such orders and resolutions as shall be assigned to it at any 12 meeting of the board, and it shall also take such action as is necessary when an 13 emergency requiring immediate action arises during the interim between board 14 meetings. All acts of the committee shall be submitted to the board for ratification 15 or rejection at its next meeting except in matters in which the board has delegated to 16 the committee full power to act. 17 (3) Adopt bylaws and establish policies and procedures for the museum's 18 governance, including but not limited to the following: 19 (a) The election and responsibilities of the officers of the board, including a 20 chairman and vice chairman, who shall serve terms of two years. 21 (b) The selection, term, and responsibilities of advisors to the board. The 22 board may appoint not more than five advisors who shall serve without 23 compensation. 24 (c) The employment, term, compensation, and responsibilities of a museum 25 chief administrative officer. 26 (d) The employment, term, compensation, and responsibilities of a museum 27 director. The museum director may also serve as the museum chief administrative 28 officer. 29 (e) The appointment, duties, and functions of standing and special Page 12 of 33 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 104 SLS 20RS-285 ORIGINAL 1 committees of the board, including the appointment of nonboard members to such 2 committees and their functions. 3 (4) Establish, in accordance with the Administrative Procedure Act, policies, 4 rules, and regulations for the operation of the museum, including setting and 5 charging admission and tour fees and user or rental fees to any or all museum 6 buildings and exhibits. Such user or rental fees shall reflect the actual costs of 7 maintenance of the space rented and the market rates for comparable space in the 8 locality of the space rented. 9 (5) Advise the secretary of state on all matters relating to the operations of 10 the Louisiana Delta Music Museum. 11 (6) (5) Establish and use an identifying seal pertaining to museum business. 12 (7) (6) Perform such other functions as are otherwise provided by this 13 Chapter and R.S. 36:801.12. 14 C. The board may: 15 (1) Individually individually, or in cooperation with any nonprofit 16 corporation established to support the Louisiana Delta Music Museum, seek and 17 expend funds from any source, public or private, to support programs of the museum. 18 (2) Contract with consulting experts in the fields of museum administration 19 and conservation of artifacts, audio and video recordings, motion picture films, 20 books and papers, and decorative arts, and with appraisers, buying agents, designers, 21 engineers, attorneys, accountants, construction and financial experts, and other such 22 persons as may be necessary to carry out the purposes of the museum. 23 (3) Authorize reports and recommendations which include the issuance, 24 publication, or distribution of general information documents or pamphlets which are 25 published on a regular basis and are generally known as newsletters. 26 * * * 27 §380.57. Secretary of state; rules and regulations 28 The secretary of state may adopt policies, rules, and regulations for the 29 operation of the museum in accordance with the Administrative Procedure Act. Page 13 of 33 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 104 SLS 20RS-285 ORIGINAL 1 * * * 2 §380.82. Governing board; creation; domicile; appointment and compensation of 3 members 4 * * * 5 C. The board shall be comprised of thirteen members who have a knowledge 6 of and an interest in historical preservation and the history of the Tioga area and 7 surrounding communities and who shall be appointed as follows the following 8 members: 9 (1) Five Eleven members shall be appointed by the secretary of state to serve 10 terms concurrent with the appointing authority. 11 (2) Eight members shall be appointed by the secretary of state from a list of 12 nominees provided by the governing authority of the Tioga Historical Society, Inc. 13 The initial terms of members appointed pursuant to this Paragraph shall terminate 14 on July 1, 2006, and all subsequent terms shall be four years. The secretary of state 15 or his designee shall serve as a member. 16 * * * 17 E. Each appointment made by the secretary of state appointed member shall 18 be subject to confirmation confirmed by the Senate. 19 * * * 20 §380.83. Duties and powers of the board 21 * * * 22 B. The board shall: 23 (1) Meet at least once each quarter three times a year at the call of the board 24 chairman. 25 (2)(a) Create an executive committee consisting of the chairman and vice 26 chairman of the board and other board members as the board may determine. 27 (b) A majority of the members of the committee shall constitute a quorum for 28 the transaction of business. However, when the board has delegated to the committee 29 full power to act with respect to a matter, affirmative action by a majority of the Page 14 of 33 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 104 SLS 20RS-285 ORIGINAL 1 entire committee membership shall be required. 2 (c) The committee shall meet at the call of the board chairman. 3 (d) The committee shall consider such matters as are referred to it by the 4 board. It shall execute such orders and resolutions as shall be assigned to it at any 5 meeting of the board, and it shall also take such action as is necessary when an 6 emergency requiring immediate action arises during the interim between board 7 meetings. All acts of the committee shall be submitted to the board for ratification 8 or rejection at its next meeting except in matters in which the board has delegated to 9 the committee full power to act. 10 (3) Adopt bylaws and establish policies and procedures for the governance 11 of the museum, including but not limited to the following: 12 (a) The election and responsibilities of the officers of the board, including a 13 chairman and vice chairman, who shall serve terms of two years. 14 (b) The selection, term, and responsibilities of advisors to the board. The 15 board may appoint not more than five advisors who shall serve without 16 compensation. 17 (c) The employment, term, compensation, and responsibilities of a museum 18 chief administrative officer. 19 (d) The employment, term, compensation, and responsibilities of a museum 20 director. The museum director may also serve as the museum chief administrative 21 officer. 22 (e) The appointment, duties, and functions of standing and special 23 committees of the board, including the appointment of nonboard members to such 24 committees and their functions. 25 (f) (d) The preparation of a budget and plan for funding the museum at a 26 level sufficient to maintain standards necessary to qualify for and maintain the 27 accreditation of the American Association of Museums. 28 (4) Establish, in accordance with the Administrative Procedure Act, R.S. 29 49:950 et seq., policies, rules, and regulations for the operation of the museum, Page 15 of 33 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 104 SLS 20RS-285 ORIGINAL 1 including setting and charging admission and tour fees and user or rental fees to any 2 or all museum buildings and exhibits. Such user or rental fees shall reflect the actual 3 costs of maintenance of the space rented and the market rates for comparable space 4 in the locality of the space rented. 5 (5) Advise the secretary of state on all matters relating to the operations of 6 the museum. 7 (6) (5) Establish and use an identifying seal pertaining to museum business. 8 (7) (6) Perform such other functions as are otherwise provided by this 9 Chapter and R.S. 36:801.15. 10 C. The board may: 11 (1) Individually individually, or in cooperation with any nonprofit 12 corporation established to support the museum, seek and expend funds from any 13 source, public or private, to support programs of the museum. 14 (2) Contract with consulting experts in the fields of museum administration 15 and conservation of artifacts, books and papers, and decorative arts, and with 16 appraisers, buying agents, designers, engineers, attorneys, accountants, construction 17 and financial experts, and other such persons as may be necessary to carry out the 18 purposes of the museum. 19 (3) Authorize reports and recommendations which include the issuance, 20 publication, or distribution of general information documents or pamphlets which are 21 published on a regular basis and are generally known as newsletters. 22 * * * 23 §380.87. Secretary of state; rules and regulations 24 The secretary of state may adopt policies, rules, and regulations for the 25 operation of the museum in accordance with the Administrative Procedure Act. 26 * * * 27 §380.92. Governing board; creation; domicile; appointment and compensation of 28 members 29 * * * Page 16 of 33 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 104 SLS 20RS-285 ORIGINAL 1 C. The board shall be comprised of twelve eleven members who have a 2 knowledge of and an interest in the history of women's education in northwest 3 Louisiana and the DeSoto Parish area in particular and who shall be appointed as 4 follows: 5 (1) Five members shall be appointed by the secretary of state to serve 6 four-year terms concurrent with the governor. 7 (2) Four members shall be appointed by the secretary of state from a list of 8 nominees provided by the Friends of the Mansfield Female College Museum. The 9 initial terms of members appointed pursuant to this Paragraph shall terminate on July 10 1, 2004, and all subsequent terms shall be four years. 11 (3) Three Six members shall be appointed by the secretary of state. The initial 12 terms of members appointed pursuant to this Paragraph shall terminate on January 13 14, 2008, and all subsequent terms shall be four-year terms concurrent with the 14 governor. 15 (3) The secretary of state or his designee shall serve as a member. 16 * * * 17 E. Each appointment made by the secretary of state appointed member shall 18 be subject to confirmation confirmed by the Senate and shall serve a term 19 concurrent with the secretary of state. 20 * * * 21 §380.93. Duties and powers of the board 22 * * * 23 B. The board shall: 24 (1) Meet at least once each quarter three times a year at the call of the board 25 chairman. 26 (2)(a) Create an executive committee consisting of the chairman and vice 27 chairman of the board and other board members as the board may determine. 28 (b) A majority of the members of the committee shall constitute a quorum for 29 the transaction of business. However, when the board has delegated to the committee Page 17 of 33 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 104 SLS 20RS-285 ORIGINAL 1 full power to act with respect to a matter, affirmative action by a majority of the 2 entire committee membership shall be required. 3 (c) The committee shall meet at the call of the board chairman. 4 (d) The committee shall consider such matters as are referred to it by the 5 board. It shall execute such orders and resolutions as shall be assigned to it at any 6 meeting of the board, and it shall also take such action as is necessary when an 7 emergency requiring immediate action arises during the interim between board 8 meetings. All acts of the committee shall be submitted to the board for ratification 9 or rejection at its next meeting except in matters in which the board has delegated to 10 the committee full power to act. 11 (3) Adopt bylaws and establish policies and procedures for the museum's 12 governance, including but not limited to the following: 13 (a) The election and responsibilities of the officers of the board, including a 14 chairman and vice chairman, who shall serve terms of two years. 15 (b) The selection, term, and responsibilities of advisors to the board. The 16 board may appoint not more than five advisors who shall serve without 17 compensation. 18 (c) The employment, term, compensation, and responsibilities of a museum 19 chief administrative officer. 20 (d) The employment, term, compensation, and responsibilities of a museum 21 director. The museum director may also serve as the museum chief administrative 22 officer. 23 (e) The appointment, duties, and functions of standing and special 24 committees of the board, including the appointment of nonboard members to such 25 committees and their functions. 26 (f) (d) The preparation of a budget and plan for funding the museum at a 27 level sufficient to maintain standards necessary to qualify for and maintain the 28 accreditation of the American Association of Museums. 29 (4) Establish, in accordance with the Administrative Procedure Act, policies, Page 18 of 33 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 104 SLS 20RS-285 ORIGINAL 1 rules, and regulations for the operation of the museum, including setting and 2 charging admission and tour fees and user or rental fees to any or all museum 3 buildings and exhibits. Such user or rental fees shall reflect the actual costs of 4 maintenance of the space rented and the market rates for comparable space in the 5 locality of the space rented. 6 (5) Advise the secretary of state on all matters relating to the operations of 7 the Mansfield Female College Museum. 8 (6) (5) Establish and use an identifying seal pertaining to museum business. 9 (7) (6) Perform such other functions as are otherwise provided by this 10 Chapter and R.S. 36:801.16. 11 C. The board may: 12 (1) Individually individually, or in cooperation with any nonprofit 13 corporation established to support the Mansfield Female College Museum, seek and 14 expend funds from any source, public or private, to support programs of the museum. 15 (2) Contract with consulting experts in the fields of museum administration 16 and conservation of artifacts, pictures and photographs, books and papers, and 17 decorative arts, and with appraisers, buying agents, designers, engineers, attorneys, 18 accountants, construction and financial experts, and other such persons as may be 19 necessary to carry out the purposes of the museum. 20 (3) Authorize reports and recommendations which include the issuance, 21 publication, or distribution of general information documents or pamphlets which are 22 published on a regular basis and are generally known as newsletters. 23 * * * 24 §380.97. Secretary of state; rules and regulations 25 The secretary of state may adopt policies, rules, and regulations for the 26 operation of the museum in accordance with the Administrative Procedure Act. 27 * * * 28 §380.132. Governing board; creation; domicile; appointment and compensation of 29 members Page 19 of 33 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 104 SLS 20RS-285 ORIGINAL 1 * * * 2 C. The board shall be comprised as follows of the following members: 3 (1) Seven Five members shall be appointed by the secretary of state and six 4 members shall be elected from a list of nominees submitted by the Friends of the 5 Louisiana Military Hall of Fame and Museum. The speaker of the Louisiana House 6 of Representatives, the president of the Louisiana Senate, and the secretary of state 7 or their designees shall serve as nonvoting members of the board. 8 (2) All members shall serve four-year terms concurrent with the governor. 9 Six members shall be appointed by the secretary of state. 10 (3) The secretary of state or his designee shall serve as a member. 11 (3)(4) Each member shall serve until his successor is appointed and takes 12 office. 13 (4)(5) Each appointment appointed member shall be subject to confirmation 14 confirmed by the Senate and shall serve a term concurrent with the secretary of 15 state. 16 (5)(6) Members of the board shall serve without compensation. 17 §380.133. Duties and powers of the board 18 * * * 19 B. The board shall: 20 (1) Meet at least quarterly three times a year at a place determined by a 21 majority of the board with at least five days notice of the time, date and place of each 22 meeting given to each member of the board. 23 (2) At any time, call special meetings of the board of directors if a written 24 notice is signed by the president or by a majority of the directors or executive 25 committee. 26 (3) Establish, in accordance with the Administrative Procedure Act, policies, 27 rules, and regulations for the operation of the museum, including setting and 28 charging admission and tour fees and user or rental fees to any or all museum 29 buildings and exhibits. Such user or rental fees shall reflect the actual costs of Page 20 of 33 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 104 SLS 20RS-285 ORIGINAL 1 maintenance of the space rented and the market rates for comparable space in the 2 locality of the space rented. 3 (4) Advise the secretary of state on all matters relating to the operations of 4 the Louisiana Military Hall of Fame and Museum. 5 (5) (4) Establish and use an identifying seal pertaining to museum business. 6 (6) (5) Perform such other functions as are otherwise provided by this 7 Chapter and R.S. 36:801.20. 8 C. The board may: 9 (1) Elect or appoint any person to act in an advisory capacity or any persons 10 to an advisory board. Persons serving in such advisory capacity shall not exercise 11 any of the powers granted to the board of directors. 12 (2) Form an executive committee and/or other additional committees with its 13 own officers, powers and duties as the board may determine. 14 (3) Individually, or in cooperation with any nonprofit corporation established 15 to support the Louisiana Military Hall of Fame and Museum, seek and expend funds 16 from any source, public or private, to support programs of the museum. 17 (4) Contract with consulting experts in the fields of museum administration 18 and conservation of artifacts, audio and video recordings, motion picture films, 19 books and papers, and decorative arts, and with appraisers, buying agents, designers, 20 engineers, attorneys, accountants, construction and financial experts, and other such 21 persons as may be necessary to carry out the purposes of the museum. 22 (5) Authorize reports and recommendations which include the issuance, 23 publication, or distribution of general information documents or pamphlets which are 24 published on a regular basis and are generally known as newsletters. 25 * * * 26 §380.137. Secretary of state; rules and regulations 27 The secretary of state may adopt policies, rules, and regulations for the 28 operation of the museum in accordance with the Administrative Procedure Act. 29 * * * Page 21 of 33 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 104 SLS 20RS-285 ORIGINAL 1 §380.152. Governing board; creation; domicile; appointment and compensation of 2 members 3 * * * 4 C. The board shall be comprised of the following members: 5 (1) Ten Eleven members who have a knowledge of and an interest in the 6 purposes of the museum shall be appointed by the secretary of state to serve 7 four-year terms concurrent with the governor. 8 (2) The secretary of state or his designee shall be an ex officio serve as a 9 member of the board. 10 * * * 11 E. Each appointment made by the secretary of state appointed member shall 12 be subject to confirmation be confirmed by the Senate and shall serve a term 13 concurrent with the secretary of state. 14 * * * 15 §380.153. Duties and powers of the board 16 * * * 17 B. The board shall: 18 (1) Meet at least once each quarter three times a year at the call of the board 19 chairman. 20 (2)(a) Create an executive committee consisting of the chairman and vice 21 chairman of the board and such other board members as the board may determine. 22 (b) A majority of the members of the committee shall constitute a quorum for 23 the transaction of business. However, when the board has delegated to the committee 24 full power to act with respect to a matter, affirmative action by a majority of the 25 entire committee membership shall be required. 26 (c) The committee shall meet at the call of the board chairman. 27 (d) The committee shall consider such matters as are referred to it by the 28 board. It shall execute such orders and resolutions as shall be assigned to it at any 29 meeting of the board, and it shall also take such action as is necessary when an Page 22 of 33 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 104 SLS 20RS-285 ORIGINAL 1 emergency requiring immediate action arises during the interim between board 2 meetings. All acts of the committee shall be submitted to the board for ratification 3 or rejection at its next meeting except in matters in which the board has delegated to 4 the committee full power to act. 5 (3) Adopt bylaws and establish policies and procedures for the museum's 6 governance, including but not limited to provisions for the following: 7 (a) The election and responsibilities of the officers of the board, including a 8 chairman and vice chairman, who shall serve terms of two years. 9 (b) The selection, term, and responsibilities of advisors to the board. The 10 board may appoint not more than five advisors who shall serve without 11 compensation. 12 (c) The appointment, duties, and functions of standing and special 13 committees of the board, including the appointment of nonboard members to such 14 committees and their functions. 15 (4) Establish, in accordance with the Administrative Procedure Act, policies, 16 rules, and regulations for the operation of the museum, including setting and 17 charging admission and tour fees and user or rental fees to any or all museum 18 buildings and exhibits. Such user or rental fees shall reflect the actual costs of 19 maintenance of the space rented and the market rates for comparable space in the 20 locality of the space rented. 21 (5) Advise the secretary of state on all matters relating to the operations of 22 the Germantown Colony Museum. 23 (6) (5) Establish and use an identifying seal pertaining to museum business. 24 (7) (6) Perform such other functions as are otherwise provided by this 25 Chapter and R.S. 36:801.22. 26 C. The board may: 27 (1) Individually individually, or in cooperation with any nonprofit 28 corporation established to support the Germantown Colony Museum, seek funds 29 from any source, public or private, to support programs of the museum and expand Page 23 of 33 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 104 SLS 20RS-285 ORIGINAL 1 such funds for such purpose. 2 (2) Contract with consulting experts in the fields of museum administration 3 and conservation of artifacts, video recordings, motion picture film, pictures and 4 photographs, books and papers, and decorative arts, and with appraisers, buying 5 agents, designers, engineers, attorneys, accountants, construction, and financial 6 experts, and other such persons as may be necessary to carry out the purposes of the 7 museum. 8 (3) Authorize reports and recommendations which include the issuance, 9 publication, or distribution of general information documents or pamphlets which are 10 published on a regular basis and are generally known as newsletters. 11 * * * 12 §380.157. Secretary of state; rules and regulations 13 The secretary of state may adopt policies, rules, and regulations for the 14 operation of the museum in accordance with the Administrative Procedure Act. 15 Section 2. R.S. 36:801.6, 801.7, 801.9, 801.12, 801.16, 801.20, 801.22 are hereby 16 amended and reenacted to read as follows: 17 §801.6. Transfer; Regional Museum Governing Board of the Louisiana State Exhibit 18 Museum 19 A. The Regional Museum Governing Board of the Louisiana State Exhibit 20 Museum placed within the Department of State shall exercise all powers, duties, 21 functions, and responsibilities provided or authorized by law which are in the nature 22 of policymaking, rulemaking, regulation, enforcement, or adjudication. The board 23 shall exercise all advisory powers, duties, and functions provided by law. The board 24 shall administer and implement all programs provided or authorized by law. The 25 board, with the approval of the secretary of the department, shall employ, appoint, 26 fix the compensation of, remove, assign, and promote such personnel as is necessary 27 for the efficient administration of its powers, duties, functions, and responsibilities 28 and for the administration of its programs, in accordance with civil service laws, 29 rules, and regulations. The board shall exercise the powers, duties, functions, and Page 24 of 33 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 104 SLS 20RS-285 ORIGINAL 1 responsibilities and shall administer and implement the programs authorized in this 2 Section independently of the secretary, except as otherwise provided herein. The 3 board shall be responsible for the performance and administration of its day-to-day 4 operations, except that the secretary of the department shall be responsible for those 5 matters which are in the nature of accounting, payroll, budget control, procurement, 6 data processing, and personnel management, and shall have the authority to transfer 7 or implement any or all of said functions through the secretary and the department. 8 B. Nothing shall authorize monies, property, or personnel budgeted or 9 assigned to the board to be transferred to or to be used by the department without 10 prior approval of the board. 11 C. The board may solicit and accept gifts and donations for the purposes of 12 the Louisiana State Exhibit Museum. Any funds so accepted may be expended by the 13 board or by the Department of State as otherwise provided by law. 14 §801.7. Governing board of Louisiana State Cotton Museum 15 A. The governing board of the Louisiana State Cotton Museum is hereby 16 placed within the Department of State and shall exercise all powers, duties, 17 functions, and responsibilities provided or authorized by law which are in the nature 18 of policymaking, rulemaking, regulation, enforcement, or adjudication. The board 19 shall exercise all advisory powers, duties, and functions provided by law. The board 20 shall administer and implement all programs provided or authorized by law. The 21 board, with the approval of the secretary of the Department of State, shall employ, 22 appoint, fix the compensation of, remove, assign and promote such personnel as is 23 necessary for the efficient administration of its powers, duties, and functions, and the 24 responsibilities and for the administration of its programs, in accordance with civil 25 service laws, rules, and regulations. The board shall exercise the powers, duties, 26 functions, and responsibilities and shall administer and implement the programs 27 authorized in this Section independently of the secretary, except as otherwise 28 provided herein. The board shall be responsible for the performance and 29 administration of its day-to-day operations, except that the secretary of the Page 25 of 33 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 104 SLS 20RS-285 ORIGINAL 1 Department of State shall be responsible for those matters which are in the nature of 2 accounting, payroll, budget control, procurement, data processing, and personnel 3 management and shall have the authority to transfer or implement any or all of said 4 functions through the secretary and the department. 5 B. Nothing shall authorize monies, property, or personnel budgeted or 6 assigned to the board to be transferred to or to be used by the department without 7 prior approval of the board. 8 C. The board may solicit and accept gifts and donations for the purposes of 9 the Louisiana State Cotton Museum. Any funds so accepted may be expended by the 10 board or by the Department of State as otherwise provided by law. 11 * * * 12 §801.9. Governing board of the Louisiana State Oil and Gas Museum 13 A. The governing board of the Louisiana State Oil and Gas Museum is 14 hereby placed within the Department of State and shall exercise all powers, duties, 15 functions, and responsibilities provided or authorized by law which are in the nature 16 of policymaking, rulemaking, regulation, enforcement, or adjudication. The board 17 shall exercise all advisory powers, duties, and functions provided by law. The board 18 shall administer and implement all programs provided or authorized by law. The 19 board, with the approval of the secretary of the Department of State, shall employ, 20 appoint, fix the compensation of, remove, assign, and promote such personnel as is 21 necessary for the efficient administration of its powers, duties, functions, and 22 responsibilities and for the administration of its programs, in accordance with civil 23 service laws, rules, and regulations. The board shall exercise the powers, duties, 24 functions, and responsibilities and shall administer and implement the programs 25 authorized in this Section independently of the secretary, except as otherwise 26 provided herein. The board shall be responsible for the performance and 27 administration of its day-to-day operations, except that the secretary of the 28 Department of State shall be responsible for those matters which are in the nature of 29 accounting, payroll, budget control, procurement, data processing, and personnel Page 26 of 33 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 104 SLS 20RS-285 ORIGINAL 1 management and shall have the authority to transfer or implement any or all of said 2 functions through the secretary and the department. 3 B. Nothing shall authorize monies, property, or personnel budgeted or 4 assigned to the board to be transferred to or to be used by the department without 5 prior approval of the board. 6 C. The board may solicit and accept gifts and donations for the purposes of 7 the Louisiana State Oil and Gas Museum. Any funds so accepted may be expended 8 by the board or by the Department of State as otherwise provided by law. 9 §801.12. Governing board of the Louisiana Delta Music Museum 10 A.(1) The Louisiana Delta Music Museum is hereby placed within the 11 Department of State, subject to the provisions of this Section and Chapter 5-H of 12 Title 25 of the Louisiana Revised Statutes of 1950. 13 (2) The governing board of the Louisiana Delta Music Museum is hereby 14 placed within the Department of State and shall exercise all powers, duties, 15 functions, and responsibilities provided or authorized for it by law which are in the 16 nature of policymaking, rulemaking, regulation, enforcement, or adjudication. The 17 board shall exercise all advisory powers, duties, and functions provided for it by law. 18 The board shall administer and implement all programs provided or authorized by 19 law for it or for the Louisiana Delta Music Museum. The board, with the approval 20 of the secretary of state, shall employ, appoint, fix the compensation of, remove, 21 assign, and promote such personnel as is necessary for the efficient administration 22 of its powers, duties, functions, and responsibilities and for the administration of its 23 programs, and in accordance with civil service laws, rules, and regulations. The 24 board shall exercise the powers, duties, functions, and responsibilities and shall 25 administer and implement the programs authorized by this Section independently of 26 the secretary, except as otherwise provided in this Section. The board shall be 27 responsible for the performance and administration of its day-to-day operations, 28 except that the secretary of the Department of State shall be responsible for those 29 matters which are in the nature of accounting, payroll, budget control, procurement, Page 27 of 33 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 104 SLS 20RS-285 ORIGINAL 1 data processing, and personnel management and shall have the authority to transfer 2 or implement any or all of said functions through the secretary and the department. 3 B. Nothing shall authorize monies, property, or personnel budgeted or 4 assigned to the board or to the museum to be transferred to or to be used by the 5 department without prior approval of the board. 6 C. The board may solicit and accept gifts and donations for the purposes of 7 the Louisiana Delta Music Museum. Any funds so accepted may be expended by the 8 board or by the Department of State as otherwise provided by law. 9 D. C.(1) The provisions of R.S. 36:810 and 811 shall be applicable to the 10 museum and its governing board placed within the Department of State by this 11 Section. 12 (2) No records, books, or papers stored in the museum vault or on museum 13 premises shall be removed or transferred from the museum without the unanimous 14 approval of all of the members of the governing board. 15 * * * 16 §801.16. Governing board of the Mansfield Female College Museum 17 A.(1) The Mansfield Female College Museum is hereby placed within the 18 Department of State, subject to the provisions of this Section and Chapter 5-L of 19 Title 25 of the Louisiana Revised Statutes of 1950. 20 (2) The governing board of the Mansfield Female College Museum is hereby 21 placed within the Department of State and shall exercise all powers, duties, 22 functions, and responsibilities provided or authorized for it by law which are in the 23 nature of policymaking, rulemaking, regulation, enforcement, or adjudication. The 24 board shall exercise all advisory powers, duties, and functions provided for it by law. 25 The board shall administer and implement all programs provided or authorized by 26 law for it or for the Mansfield Female College Museum. The board shall exercise the 27 powers, duties, functions, and responsibilities and shall administer and implement 28 the programs authorized by this Section independently of the secretary, except as 29 otherwise provided in this Section. The board shall be responsible for the Page 28 of 33 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 104 SLS 20RS-285 ORIGINAL 1 performance and administration of its day-to-day operations, except that the 2 secretary of the Department of State shall be responsible for those matters which are 3 in the nature of accounting, payroll, budget control, procurement, data processing, 4 and personnel management and shall have the authority to transfer or implement any 5 or all of said functions through the secretary and the department. 6 B. Nothing shall authorize monies, property, or personnel budgeted or 7 assigned to the board or to the museum to be transferred to or to be used by the 8 department without prior approval of the board. 9 C. The board may solicit and accept gifts and donations for the purposes of 10 the Mansfield Female College Museum. Any funds so accepted may be expended by 11 the board or by the Department of State as otherwise provided by law. 12 D. C.(1) The provisions of R.S. 36:810 and 811 shall be applicable to the 13 museum and its governing board placed within the Department of State by this 14 Section. 15 (2) No records, books, or papers stored in the museum vault or on museum 16 premises shall be removed or transferred from the museum without the approval of 17 the governing board. 18 §801.20. Governing board of the Louisiana Military Hall of Fame and Museum 19 A.(1) The Louisiana Military Hall of Fame and Museum is hereby placed 20 within the Department of State, subject to the provisions of this Section and Chapter 21 5-P of Title 25 of the Louisiana Revised Statutes of 1950. 22 (2) The governing board of the Louisiana Military Hall of Fame and Museum 23 is hereby placed within the Department of State and shall exercise all powers, duties, 24 functions, and responsibilities provided or authorized for it by law which are in the 25 nature of policymaking, rulemaking, regulation, enforcement, or adjudication. The 26 board shall exercise all advisory powers, duties, and functions provided for it by law. 27 The board shall administer and implement all programs provided or authorized by 28 law for it or for the Louisiana Military Hall of Fame and Museum. The board, with 29 the approval of the secretary of state, shall employ, appoint, fix the compensation of, Page 29 of 33 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 104 SLS 20RS-285 ORIGINAL 1 remove, assign, and promote such personnel as is necessary for the efficient 2 administration of its powers, duties, functions, and responsibilities for the 3 administration of its programs, and in accordance with civil service laws, rules, and 4 regulations. The board shall exercise the powers, duties, functions, and 5 responsibilities and shall administer and implement the programs authorized by this 6 Section independently of the secretary, except as otherwise provided in this Section. 7 The board shall be responsible for the performance and administration of its 8 day-to-day operations, except that the secretary of the Department of State shall be 9 responsible for those matters which are in the nature of accounting, payroll, budget 10 control, procurement, data processing, and personnel management and shall have the 11 authority to transfer or implement any or all of said functions through the secretary 12 and the department. 13 B. Nothing shall authorize monies, property, or personnel budgeted or 14 assigned to the board or to the museum to be transferred to or to be used by the 15 department without prior approval of the board. 16 C. The board may solicit and accept gifts and donations for the purposes of 17 the Louisiana Military Hall of Fame and Museum. Any funds so accepted may be 18 expended by the board or by the Department of State as otherwise provided by law. 19 D. C.(1) The provisions of R.S. 36:810 and 811 shall be applicable to the 20 museum and its governing board placed within the Department of State by this 21 Section. 22 (2) No records, books, or papers stored in the museum vault or on museum 23 premises shall be removed or transferred from the museum without the approval of 24 two-thirds of the members of the governing board. 25 §801.22. Governing board of the Germantown Colony Museum 26 A.(1) The Germantown Colony Museum is hereby placed within the 27 Department of State, subject to the provisions of this Section and Chapter 5-R of 28 Title 25 of the Louisiana Revised Statutes of 1950. 29 (2) The governing board of the Germantown Colony Museum is hereby Page 30 of 33 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 104 SLS 20RS-285 ORIGINAL 1 placed within the Department of State and shall exercise all powers, duties, 2 functions, and responsibilities provided or authorized for it by law which are in the 3 nature of policymaking, rulemaking, regulation, enforcement, or adjudication. The 4 board shall exercise all advisory powers, duties, and functions provided for it by law. 5 The board shall administer and implement all programs provided or authorized by 6 law for it or for the Germantown Colony Museum. The board shall exercise the 7 powers, duties, functions, and responsibilities and shall administer and implement 8 the programs authorized by this Section independently of the secretary, except as 9 otherwise provided in this Section. The board shall be responsible for the 10 performance and administration of its day-to-day operations, except that the 11 secretary of state shall be responsible for those matters which are in the nature of 12 capital outlay, accounting, payroll, budget control, procurement, data processing, and 13 personnel management and shall have the authority to transfer or implement any or 14 all of said functions through the secretary and the department. Except as provided in 15 R.S. 25:380.154(A)(2), the secretary of state shall employ, appoint, fix the 16 compensation of, remove, assign, and promote such personnel as is necessary for the 17 efficient administration of the museum in accordance with civil service laws, rules, 18 and regulations. 19 B. Nothing in this Section shall authorize monies, property, or personnel 20 budgeted or assigned to the board or to the museum to be transferred to or to be used 21 by the department without prior approval of the board. 22 C. The board may solicit and accept gifts and donations for the purposes of 23 the Germantown Colony Museum. Any funds so accepted may be expended by the 24 board or by the Department of State as otherwise provided by law. 25 D. C.(1) The provisions of R.S. 36:810 and 811 shall be applicable to the 26 museum and its governing board placed within the Department of State by this 27 Section. 28 (2) No records, books, or papers stored in the museum vault or on museum 29 premises shall be removed or transferred from the museum without the approval of Page 31 of 33 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 104 SLS 20RS-285 ORIGINAL 1 the governing board. 2 Section 3. R.S. 25:379.2(C)(4) is hereby repealed. 3 Section 4. A member of the governing board of the Louisiana State Cotton Museum, 4 the governing board of the Louisiana State Oil and Gas Museum, the governing board of the 5 Louisiana Delta Museum, the governing board of the Tioga Heritage Park and Museum, the 6 governing board of the Mansfield Female College Museum, the governing board of directors 7 of the Louisiana Military Hall of Fame and Museum, or the governing board of the 8 Germantown Colony Museum, serving on the effective date of the Act may serve for the 9 remainder of his unexpired term notwithstanding the provisions of this Act. After the 10 effective date of this Act, the secretary of state shall appoint members as needed to ensure 11 that the number of members is not less than that provided for by R.S. 25:380.1(C) as 12 amended by this Act, R.S. 25:380.22(C) as amended by this Act, R.S. 25:380.52(C) as 13 amended by this Act, R.S. 25:380.82(C) as amended by this Act, R.S. 25:380.92(C) as 14 amended by this Act, R.S. 25:380.132(C) as amended by this Act or R.S. 25:380.152(C) as 15 amended by this Act or as applicable. 16 Section 5. This Act shall become effective upon signature by the governor or, if not 17 signed by the governor, upon expiration of the time for bills to become law without signature 18 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If 19 vetoed by the governor and subsequently approved by the legislature, this Act shall become 20 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 Thomas L. Tyler. DIGEST SB Original 2020 Regular Session Milligan Present law requires that the Advisory Board of the Old State Capitol (Old State Capitol Museum), the Regional Museum Governing Board of the Louisiana State Exhibit Museum (State Exhibit Museum), the governing boards of the Louisiana State Cotton Museum (State Cotton Museum), the Louisiana State Oil and Gas Museum (Oil & Gas Museum), the Louisiana Delta Music Museum (Delta Music Museum), the Tioga Heritage Park and Museum (Tioga Heritage Park Museum), the Mansfield Female College Museum (Mansfield Female College Museum), the Louisiana Military Hall of Fame and Museum (Military Hall of Fame Museum), and the Germantown Colony Museum (Germantown Colony Museum) meet at least once each quarter. Proposed law requires that board meetings be at least three times a year. Page 32 of 33 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 104 SLS 20RS-285 ORIGINAL Present law authorizes each board to establish policies and rules setting and charging admission and tour fees and user or rental fees. Proposed law removes this individual board authority and authorizes the secretary of state to adopt policies, rules, and regulations for museum operations in accordance with the Administrative Procedure Act. As to the State Exhibit Museum, the State Cotton Museum, the Oil & Gas Museum, the Delta Music Museum, the Tioga Heritage Park Museum, and the Mansfield Female College Museum, proposed law removes authority for each to determine the term and compensation of a museum board advisors; removes authority to employ a museum chief administrative officer and a museum director. Proposed law removes specific authority for the Regional Museum Governing Board of the Louisiana State Exhibit Museum to contract with appraisers, buying agents, designers, engineers, attorneys, accountants, construction and financial experts but provides authority to contract with consulting experts for the conservation of painting, books, papers, and other decorative arts for the accession and deaccession of artifacts and for the accreditation of museum. As to the State Cotton Museum and the Oil & Gas Museum, proposed law removes specific authority to contract with appraisers, buying agents, designers, engineers, attorneys, accountants, construction and financial experts. As to the Delta Music Museum, Tioga Heritage Park Museum, the Mansfield Female College Museum, the Military Hall of Fame Museum, and the Germantown Colony Museum, proposed law removes specific authority to contract with consulting experts in fields of museum administration and conservation of artifacts, audio and video recordings, motion picture films, books and papers and decorative arts, and with appraisers, buying agents, designers, engineers, attorneys, accountants, construction and financial experts. Present law provides that nothing in the transfer of the State Exhibit Museum, State Cotton Museum, the Oil & Gas Museum, the Delta Music Museum, the Mansfield Female College Museum, the Military Hall of Fame Museum, and the Germantown Colony Museum to the Department of State under the Executive Reorganization Act, is to authorize monies, property, or personnel budgeted or assigned to each museum board to be transferred or used by the Department of State without prior board approval. Proposed law removes these provisions. Proposed law provides that museum board members serving on a particular board on the effective date of proposed law may serve the remainder of their unexpired term. Effective upon signature of the governor or lapse of time for gubernatorial action. (Amends R.S. 25: 374(A)(1), 379.2(B) and (C)(3), 379.3(C), 380.1(C)(2) and (D), 380.2(B) and (C), 380.22(C) and (D), 380.23(B) and(C), 380.52(C) and (E), 380.53(B) and (C), 380.82(C) and (E), 380.83(B) and(C), 380.92(C) and (E), 380.93(B) and(C), 380.132(C), 380.133(B) and (C), 380.152(C) and (E), 380.153(B) and (C), R.S. 36:801.6, 801.7, 801.9, 801.12, 801.16, 801.20, 801.22; adds R.S. 25:379.7, 380.6, 380.27, 380.57, 380.87, 380.97, 380.137, and 380.157; repeals R.S. 25:379.2(C)(4)) Page 33 of 33 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.