2020 Regular Session ENROLLED SENATE BILL NO. 104 BY SENATOR MILLIGAN 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), and 6 380.153(B) and (C), and R.S. 36:801.6, 801.7, 801.9, 801.12, 801.15, 801.16, 7 801.20, and 801.22, to enact R.S. 25:379.7, 380.6, 380.27, 380.57, 380.87, 380.97, 8 380.137, and 380.157, and to repeal R.S. 25:379.2(C)(4), relative to museums; to 9 provide for meetings and membership of certain museum governing boards; to 10 provide for authority of each governing board; to authorize the secretary of state to 11 establish policies, rules, and regulations for the operation of each museum; and to 12 provide for related matters. 13 Be it enacted by the Legislature of Louisiana: 14 Section 1. R.S. 25:374(A)(1), 379.2(B) and (C)(3), 379.3(C), 380.1(C)(2) and (D), 15 380.2(B) and (C), 380.22(C) and (D), 380.23(B) and (C), 380.52(C) and (E), 380.53(B) and 16 (C), 380.82(C) and (E), 380.83(B) and (C), 380.92(C) and (E), and 380.93(B) and (C), 17 380.152(C) and (E), and 380.153(B) and (C) are hereby amended and reenacted and R.S. 18 25:379.7, 380.6, 380.27, 380.57, 380.87, 380.97, and 380.157 are hereby enacted to read as 19 follows: 20 §374. Domicile; powers and duties of the board 21 A.(1) The board shall meet once each quarter at least three times a year, 22 unless additional meetings are called by the secretary of state or the governor. 23 * * * 24 §379.2. Duties and powers of the board 25 * * * 26 B. The board shall: ACT No. 212 Page 1 of 32 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 104 ENROLLED 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 least monthly, except in those months in 10 which the board meets, or at the call of the chairman. 11 (d) The committee shall consider such matters as are referred to it by the 12 board. It shall execute such orders and resolutions as shall be assigned to it at any 13 meeting of the board, and it shall also take such action as is necessary when an 14 emergency requiring immediate action arises during the interim between board 15 meetings. All acts of the committee shall be submitted to the board for ratification 16 or rejection at its next meeting except in matters in which the board has delegated to 17 the committee full power to act. 18 (3) Adopt bylaws and establish policies and procedures for the museum's 19 governance, including but not limited to the following: 20 (a) The election and responsibilities of the officers of the board, including a 21 chairman and vice chairman to serve terms of two years. 22 (b) The selection, term, compensation, and responsibilities of advisors to the 23 board. 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 director shall have at least five years of experience in institutional 28 administration and curatorship or possess a doctorate degree in a field related to the 29 purposes and activities of the museum. The museum director may also serve as the 30 museum chief administrative officer. Page 2 of 32 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 104 ENROLLED 1 (e) The appointment, duties, and functions of standing and special 2 committees of the board, including the appointment of nonboard members to such 3 committees and their functions. 4 (f)(d) The preparation of a budget and plan for funding sufficient to maintain 5 standards necessary to qualify for and maintain the accreditation of the American 6 Association of Museums. 7 (4) Establish policies, rules, and regulations for the operation of the museum 8 in accordance with the Administrative Procedure Act, including setting and charging 9 admission and tour fees and user or rental fees to any or all museum buildings and 10 exhibits, and such user or rental fees shall reflect the actual costs of maintenance of 11 the space rented and the market rates for comparable space in the locality of the 12 space rented. 13 (5) Advise the secretary of state on all matters relating to the operations of 14 the Louisiana State Exhibit Museum and shall have such other functions as are 15 otherwise provided in this Chapter and R.S. 36:801.6. 16 (6)(5) Establish and use an identifying seal pertaining to museum business. 17 C. The board may: 18 * * * 19 (3) Contract with consulting experts in the fields of museum administration 20 and for the conservation of paintings, books and papers, and other decorative arts, 21 and with appraisers, buying agents, designers, engineers, attorneys, accountants, 22 construction and financial experts, and other such persons as may be necessary to 23 carry out the purposes for the accession and deaccession of artifacts, and for the 24 accreditation of the museum. 25 §379.3. The Louisiana State Exhibit Museum, administration; Department of State, 26 powers and functions 27 * * * 28 C. Notwithstanding any provision of the law to the contrary, and in particular 29 the provisions of R.S. 41:1212, the board may enter into contracts and agreements 30 with any public agency or nonprofit corporation which has been established for the Page 3 of 32 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 104 ENROLLED 1 primary purpose of supporting the programs and activities of the Louisiana State 2 Exhibit Museum, including the Friends of the Louisiana State Exhibit Museum, for 3 the establishment of offices, stores, or exhibits on the property of and in the 4 Louisiana State Exhibit Museum. The board may enter into contracts and agreements 5 for joint construction, equipment, maintenance, and financing thereof, and may enter 6 into contracts and agreements for the joint financing, supervision, and conduct of 7 cooperative enterprises and undertakings. Any public agency may enter into 8 contracts and agreements with the board for the purposes mentioned in this 9 Subsection. 10 * * * 11 §379.7. Secretary of state; rules and regulations 12 The secretary of state may adopt policies, rules, and regulations for the 13 operation of the museum in accordance with the Administrative Procedure Act. 14 * * * 15 §380.1. Governing board; creation; domicile; appointment and compensation of 16 members 17 * * * 18 C.(1) * * * 19 (2) The board shall be composed and the members selected as follows of the 20 following members: 21 (a) Five members shall be appointed by the secretary of state from a list of 22 ten names submitted and nominated by the legislative delegation from the parishes 23 of East Carroll, West Carroll, Madison, Franklin, Richland, Morehouse, Ouachita, 24 Tensas, Caldwell, and Concordia to serve four-year terms from an area composed of 25 the following parishes: East Carroll, West Carroll, Madison, Franklin, Richland, 26 Morehouse, Ouachita, Tensas, Caldwell, and Concordia. 27 (b) One member shall be appointed by the secretary of state to serve a 28 two-year term from among the members of the Cotton Producers Association. 29 (c) Five Six members shall be appointed by the secretary of state to serve 30 four-year terms from a list of ten names submitted and nominated by the Friends of Page 4 of 32 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 104 ENROLLED 1 the Louisiana State Cotton Museum. 2 (d)(c) The secretary of state or his designee, and shall serve as a member. 3 (d)the The museum chief administrative officer and the museum director, if 4 any, shall each be an ex officio member of the board. 5 (e) The commissioner of agriculture and forestry, or his designee. 6 (f) One member shall be appointed by the secretary of state to serve a 7 two-year term from the members of the cotton division of the Louisiana Farm 8 Bureau. 9 D. Each appointed member shall be confirmed by the Senate and those 10 members serving four-year terms shall serve terms a term concurrent with the 11 governor secretary of state. Each member shall serve until his successor is 12 appointed and takes office. 13 * * * 14 §380.2. Duties and powers of the board 15 * * * 16 B. The board shall: 17 (1) Meet at least once each quarter three times a year at the call of the board 18 chairman. 19 (2)(a) Create an executive committee consisting of the chairman and vice 20 chairman of the board and other board members as the board may determine. 21 (b) A majority of the members of the committee shall constitute a quorum for 22 the transaction of business. However, when the board has delegated to the committee 23 full power to act with respect to a matter, affirmative action by a majority of the 24 entire committee membership shall be required. 25 (c) The committee shall meet at least quarterly, except in those months in 26 which the board meets, or at the call of the 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 30 emergency requiring immediate action arises during the interim between board Page 5 of 32 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 104 ENROLLED 1 meetings. All acts of the committee shall be submitted to the board for ratification 2 or rejection at its next meeting except in matters in which the board has delegated to 3 the committee full power to act. 4 (3) Adopt bylaws and establish policies and procedures for the museum's 5 governance, including but not limited to the following: 6 (a) The election and responsibilities of the officers of the board, including a 7 chairman and vice chairman to serve terms of two years. 8 (b) The selection, term, compensation, and responsibilities of advisors to the 9 board. 10 (c) The employment, term, compensation, and responsibilities of a museum 11 chief administrative officer. 12 (d) The employment, term, compensation, and responsibilities of a museum 13 director. The director shall have at least five years of experience in institutional 14 administration and curatorship and possess a doctorate degree in a field related to the 15 purposes and activities of the museum. The museum director may also serve as the 16 museum chief administrative officer. 17 (e) The appointment, duties, and functions of standing and special 18 committees of the board, including the appointment of nonboard members to such 19 committees and their functions. 20 (f)(d) The preparation of a budget and plan for funding sufficient to maintain 21 standards necessary to qualify for and maintain the accreditation of the American 22 Association of Museums. 23 (4) Establish policies, rules, and regulations for the operation of the museum 24 in accordance with the Administrative Procedure Act, including setting and charging 25 admission and tour fees and user or rental fees to any or all museum buildings and 26 exhibits, and such user or rental fees shall reflect the actual costs of maintenance of 27 the space rented and the market rates for comparable space in the locality of the 28 space rented. 29 (5) Advise the secretary of state on all matters relating to the operations of 30 the Louisiana State Cotton Museum and shall have such other functions as are Page 6 of 32 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 104 ENROLLED 1 otherwise provided in this Chapter and R.S. 36:801.7. 2 (6)(5) Establish and use an identifying seal pertaining to museum business. 3 C. The board may: 4 (1) Individually, or in cooperation with any nonprofit corporation established 5 to support the Louisiana State Cotton Museum, seek and expend funds from any 6 source, public or private, to support programs of the museum. 7 (2) Hold meetings in any of the parishes named in R.S. 25:380.1(C)(2)(a) as 8 directed by the executive committee. 9 (3) Contract with consulting experts in the fields of museum administration 10 and conservation of painting, books and papers, and other decorative arts, and with 11 appraisers, buying agents, designers, engineers, attorneys, accountants, construction 12 and financial experts, and other such persons as may be necessary to carry out the 13 purposes of the museum. 14 (4) Authorize reports and recommendations which include the issuance, 15 publication, or distribution of general information documents or pamphlets, which 16 are published on a regular basis and are generally known as newsletters. 17 * * * 18 §380.6. Secretary of state; rules and regulations 19 The secretary of state may adopt policies, rules, and regulations for the 20 operation of the museum in accordance with the Administrative Procedure Act. 21 * * * 22 §380.22. Governing board; creation; domicile; appointment and compensation of 23 members 24 * * * 25 C.(1) The board shall be composed of members who all have a knowledge 26 of and an interest in oil and oil production. 27 (2) The board shall be composed and the members selected as follows of the 28 following members: 29 (a) One member shall be appointed by the secretary of state, to serve a 30 two-year term, from among the members of the Louisiana Independent Oil Producers Page 7 of 32 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 104 ENROLLED 1 Association. 2 (b) Ten Eleven members shall be appointed by the secretary of state, to serve 3 four-year terms, from a list of fifteen names submitted by the Caddo Pine Island Oil 4 and Historical Society. 5 (b) The secretary of state or his designee shall serve as a member. 6 (c) The state archivist or his designee, the museum director, and the museum 7 chief administrative officer, if any, shall each be an ex officio member of the board. 8 (d) The secretary of the Department of Natural Resources or his designee 9 shall be an ex officio member of the board. 10 D. Each appointed member shall be confirmed by the Senate and those 11 members serving four-year terms shall serve terms a term concurrent with the 12 governor the secretary of state. Each member shall serve until his successor is 13 appointed and takes office. 14 * * * 15 §380.23. 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 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 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 30 emergency requiring immediate action arises during the interim between board Page 8 of 32 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 104 ENROLLED 1 meetings. All acts of the committee shall be submitted to the board for ratification 2 or rejection at its next meeting except in matters in which the board has delegated to 3 the committee full power to act. 4 (3) Adopt bylaws and establish policies and procedures for the museum's 5 governance, including but not limited to the following: 6 (a) The election and responsibilities of the officers of the board, including a 7 chairman and vice chairman, who shall serve terms of two years. 8 (b) The selection, term, and responsibilities of advisors to the board. The 9 board may appoint not more than five advisors who shall serve without 10 compensation. 11 (c) The employment, term, compensation, and responsibilities of a museum 12 chief administrative officer. 13 (d) The employment, term, compensation, and responsibilities of a museum 14 director. The museum director may also serve as the museum chief administrative 15 officer. 16 (e) The appointment, duties, and functions of standing and special 17 committees of the board including the appointment of nonboard members to such 18 committees and their functions. 19 (f)(d) The preparation of a budget and plan for funding the museum at a level 20 sufficient to maintain standards necessary to qualify for and maintain the 21 accreditation of the American Association of Museums. 22 (4) Establish, in accordance with the Administrative Procedure Act, R.S. 23 49:950 et seq., policies, rules, and regulations for the operation of the museum 24 including setting and charging admission and tour fees and user or rental fees to any 25 or all museum buildings and exhibits. Such user or rental fees shall reflect the actual 26 costs of maintenance of the space rented and the market rates for comparable space 27 in the locality of the space rented. 28 (5) Advise the secretary of state on all matters relating to the operations of 29 the Louisiana State Oil and Gas Museum. 30 (6)(5) Establish and use an identifying seal pertaining to museum business. Page 9 of 32 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 104 ENROLLED 1 (7)(6) Perform such other functions as are otherwise provided in this Chapter 2 and R.S. 36:801.9. 3 C. The board may: 4 (1) Individually individually, or in cooperation with any nonprofit 5 corporation established to support the Louisiana State Oil and Gas Museum, seek 6 and expend funds from any source, public or private, to support programs of the 7 museum. 8 (2) Contract with consulting experts in the fields of museum administration 9 and conservation of artifacts, books and papers, and decorative arts, and with 10 appraisers, buying agents, designers, engineers, attorneys, accountants, construction 11 and financial experts, and other such persons as may be necessary to carry out the 12 purposes of the museum. 13 (3) Authorize reports and recommendations which include the issuance, 14 publication, or distribution of general information documents or pamphlets which are 15 published on a regular basis and are generally known as newsletters. 16 * * * 17 §380.27. Secretary of state; rules and regulations 18 The secretary of state may adopt policies, rules, and regulations for the 19 operation of the museum in accordance with the Administrative Procedure Act. 20 * * * 21 §380.52. Governing board; creation; domicile; appointment and compensation of 22 members 23 * * * 24 C. The board shall be comprised of the following members: 25 (1) Fifteen Eleven members shall be appointed by the secretary of state 26 having a knowledge of and an interest in music of the Louisiana Delta. They shall 27 be appointed by the secretary of state from an area composed of the following 28 parishes: Caldwell, Catahoula, Concordia, East Carroll, Franklin, Madison, 29 Morehouse, Ouachita, Richland, Tensas, and West Carroll. They shall serve 30 four-year terms concurrent with the term of the governor. Page 10 of 32 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 104 ENROLLED 1 (2) The mayor of Ferriday, the president/CEO of the Ferriday chamber of 2 commerce, the secretary of state or his designee; shall serve as a member. 3 (3) the The museum chief administrative officer, and the museum director, 4 if any, shall each be ex officio members of the board. 5 * * * 6 E. Each appointment made by the secretary of state appointed member shall 7 be subject to confirmation confirmed by the Senate and shall serve a term 8 concurrent with the secretary of state. 9 * * * 10 §380.53. Duties and powers of the board 11 * * * 12 B. The board shall: 13 (1) Meet at least once each quarter three times a year at the call of the board 14 chairman. 15 (2)(a) Create an executive committee consisting of the chairman and vice 16 chairman of the board and other board members as the board may determine. 17 (b) A majority of the members of the committee shall constitute a quorum for 18 the transaction of business. However, when the board has delegated to the committee 19 full power to act with respect to a matter, affirmative action by a majority of the 20 entire committee membership shall be required. 21 (c) The committee shall meet at the call of the board chairman. 22 (d) The committee shall consider such matters as are referred to it by the 23 board. It shall execute such orders and resolutions as shall be assigned to it at any 24 meeting of the board, and it shall also take such action as is necessary when an 25 emergency requiring immediate action arises during the interim between board 26 meetings. All acts of the committee shall be submitted to the board for ratification 27 or rejection at its next meeting except in matters in which the board has delegated to 28 the committee full power to act. 29 (3) Adopt bylaws and establish policies and procedures for the museum's 30 governance, including but not limited to the following: Page 11 of 32 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 104 ENROLLED 1 (a) The election and responsibilities of the officers of the board, including a 2 chairman and vice chairman, who shall serve terms of two years. 3 (b) The selection, term, and responsibilities of advisors to the board. The 4 board may appoint not more than five advisors who shall serve without 5 compensation. 6 (c) The employment, term, compensation, and responsibilities of a museum 7 chief administrative officer. 8 (d) The employment, term, compensation, and responsibilities of a museum 9 director. The museum director may also serve as the museum chief administrative 10 officer. 11 (e) The appointment, duties, and functions of standing and special 12 committees of the board, including the appointment of nonboard members to such 13 committees and their functions. 14 (4) Establish, in accordance with the Administrative Procedure Act, policies, 15 rules, and regulations for the operation of the museum, including setting and 16 charging admission and tour fees and user or rental fees to any or all museum 17 buildings and exhibits. Such user or rental fees shall reflect the actual costs of 18 maintenance of the space rented and the market rates for comparable space in the 19 locality of the space rented. 20 (5) Advise the secretary of state on all matters relating to the operations of 21 the Louisiana Delta Music Museum. 22 (6)(5) Establish and use an identifying seal pertaining to museum business. 23 (7)(6) Perform such other functions as are otherwise provided by this Chapter 24 and R.S. 36:801.12. 25 C. The board may: 26 (1) Individually individually, or in cooperation with any nonprofit 27 corporation established to support the Louisiana Delta Music Museum, seek and 28 expend funds from any source, public or private, to support programs of the museum. 29 (2) Contract with consulting experts in the fields of museum administration 30 and conservation of artifacts, audio and video recordings, motion picture films, Page 12 of 32 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 104 ENROLLED 1 books and papers, and decorative arts, and with appraisers, buying agents, designers, 2 engineers, attorneys, accountants, construction and financial experts, and other such 3 persons as may be necessary to carry out the purposes of the museum. 4 (3) Authorize reports and recommendations which include the issuance, 5 publication, or distribution of general information documents or pamphlets which are 6 published on a regular basis and are generally known as newsletters. 7 * * * 8 §380.57. Secretary of state; rules and regulations 9 The secretary of state may adopt policies, rules, and regulations for the 10 operation of the museum in accordance with the Administrative Procedure Act. 11 * * * 12 §380.82. Governing board; creation; domicile; appointment and compensation of 13 members 14 * * * 15 C. The board shall be comprised of thirteen members who have a knowledge 16 of and an interest in historical preservation and the history of the Tioga area and 17 surrounding communities and who shall be appointed as follows the following 18 members: 19 (1) Five Eleven members shall be appointed by the secretary of state to serve 20 terms concurrent with the appointing authority. 21 (2) Eight members shall be appointed by the secretary of state from a list of 22 nominees provided by the governing authority of the Tioga Historical Society, Inc. 23 The initial terms of members appointed pursuant to this Paragraph shall terminate 24 on July 1, 2006, and all subsequent terms shall be four years. The secretary of state 25 or his designee shall serve as a member. 26 * * * 27 E. Each appointment made by the secretary of state appointed member shall 28 be subject to confirmation confirmed by the Senate. 29 * * * 30 §380.83. Duties and powers of the board Page 13 of 32 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 104 ENROLLED 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 board 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 governance 20 of the museum, 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 30 officer. Page 14 of 32 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 104 ENROLLED 1 (e) The appointment, duties, and functions of standing and special 2 committees of the board, including the appointment of nonboard members to such 3 committees and their functions. 4 (f)(d) The preparation of a budget and plan for funding the museum at a level 5 sufficient to maintain standards necessary to qualify for and maintain the 6 accreditation of the American Association of Museums. 7 (4) Establish, in accordance with the Administrative Procedure Act, R.S. 8 49:950 et seq., policies, rules, and regulations for the operation of the museum, 9 including setting and charging admission and tour fees and user or rental fees to any 10 or all museum buildings and exhibits. Such user or rental fees shall reflect the actual 11 costs of maintenance of the space rented and the market rates for comparable space 12 in the locality of the space rented. 13 (5) Advise the secretary of state on all matters relating to the operations of 14 the museum. 15 (6)(5) Establish and use an identifying seal pertaining to museum business. 16 (7)(6) Perform such other functions as are otherwise provided by this Chapter 17 and R.S. 36:801.15. 18 C. The board may: 19 (1) Individually individually, or in cooperation with any nonprofit 20 corporation established to support the museum, seek and expend funds from any 21 source, public or private, to support programs of the museum. 22 (2) Contract with consulting experts in the fields of museum administration 23 and conservation of artifacts, books and papers, and 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 (3) Authorize reports and recommendations which include the issuance, 28 publication, or distribution of general information documents or pamphlets which are 29 published on a regular basis and are generally known as newsletters. 30 * * * Page 15 of 32 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 104 ENROLLED 1 §380.87. Secretary of state; rules and regulations 2 The secretary of state may adopt policies, rules, and regulations for the 3 operation of the museum in accordance with the Administrative Procedure Act. 4 * * * 5 §380.92. Governing board; creation; domicile; appointment and compensation of 6 members 7 * * * 8 C. The board shall be comprised of twelve the following members who have 9 a knowledge of and an interest in the history of women's education in northwest 10 Louisiana and the DeSoto Parish area in particular and who shall be appointed as 11 follows: 12 (1) Five members shall be appointed by the secretary of state to serve 13 four-year terms concurrent with the governor. 14 (2) Four members shall be appointed by the secretary of state from a list of 15 nominees provided by the Friends of the Mansfield Female College Museum. The 16 initial terms of members appointed pursuant to this Paragraph shall terminate on July 17 1, 2004, and all subsequent terms shall be four years. 18 (3) Three (2) Six members shall be appointed by the secretary of state. The 19 initial terms of members appointed pursuant to this Paragraph shall terminate on 20 January 14, 2008, and all subsequent terms shall be four-year terms concurrent with 21 the governor. 22 (3) The secretary of state or his designee shall serve as a member. 23 * * * 24 E. Each appointment made by the secretary of state appointed member shall 25 be subject to confirmation confirmed by the Senate and shall serve a term 26 concurrent with the secretary of state. 27 * * * 28 §380.93. Duties and powers of the board 29 * * * 30 B. The board shall: Page 16 of 32 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 104 ENROLLED 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 30 committees of the board, including the appointment of nonboard members to such Page 17 of 32 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 104 ENROLLED 1 committees and their functions. 2 (f)(d) The preparation of a budget and plan for funding the museum at a level 3 sufficient to maintain standards necessary to qualify for and maintain the 4 accreditation of the American Association of Museums. 5 (4) Establish, in accordance with the Administrative Procedure Act, policies, 6 rules, and regulations for the operation of the museum, including setting and 7 charging admission and tour fees and user or rental fees to any or all museum 8 buildings and exhibits. Such user or rental fees shall reflect the actual costs of 9 maintenance of the space rented and the market rates for comparable space in the 10 locality of the space rented. 11 (5) Advise the secretary of state on all matters relating to the operations of 12 the Mansfield Female College Museum. 13 (6)(5) Establish and use an identifying seal pertaining to museum business. 14 (7)(6) Perform such other functions as are otherwise provided by this Chapter 15 and R.S. 36:801.16. 16 C. The board may: 17 (1) Individually individually, or in cooperation with any nonprofit 18 corporation established to support the Mansfield Female College Museum, seek and 19 expend funds from any source, public or private, to support programs of the museum. 20 (2) Contract with consulting experts in the fields of museum administration 21 and conservation of artifacts, pictures and photographs, books and papers, and 22 decorative arts, and with appraisers, buying agents, designers, engineers, attorneys, 23 accountants, construction and financial experts, and other such persons as may be 24 necessary to carry out the purposes of the museum. 25 (3) Authorize reports and recommendations which include the issuance, 26 publication, or distribution of general information documents or pamphlets which are 27 published on a regular basis and are generally known as newsletters. 28 * * * 29 §380.97. Secretary of state; rules and regulations 30 The secretary of state may adopt policies, rules, and regulations for the Page 18 of 32 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 104 ENROLLED 1 operation of the museum in accordance with the Administrative Procedure Act. 2 * * * 3 §380.152. Governing board; creation; domicile; appointment and compensation of 4 members 5 * * * 6 C. The board shall be comprised of the following members: 7 (1) Ten Eleven members who have a knowledge of and an interest in the 8 purposes of the museum shall be appointed by the secretary of state to serve 9 four-year terms concurrent with the governor. 10 (2) The secretary of state or his designee shall be an ex officio serve as a 11 member of the board. 12 * * * 13 E. Each appointment made by the secretary of state appointed member shall 14 be subject to confirmation be confirmed by the Senate and shall serve a term 15 concurrent with the secretary of state. 16 * * * 17 §380.153. Duties and powers of the board 18 * * * 19 B. The board shall: 20 (1) Meet at least once each quarter three times a year at the call of the board 21 chairman. 22 (2)(a) Create an executive committee consisting of the chairman and vice 23 chairman of the board and such other board members as the board may determine. 24 (b) A majority of the members of the committee shall constitute a quorum for 25 the transaction of business. However, when the board has delegated to the committee 26 full power to act with respect to a matter, affirmative action by a majority of the 27 entire committee membership shall be required. 28 (c) The committee shall meet at the call of the board chairman. 29 (d) The committee shall consider such matters as are referred to it by the 30 board. It shall execute such orders and resolutions as shall be assigned to it at any Page 19 of 32 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 104 ENROLLED 1 meeting of the board, and it shall also take such action as is necessary when an 2 emergency requiring immediate action arises during the interim between board 3 meetings. All acts of the committee shall be submitted to the board for ratification 4 or rejection at its next meeting except in matters in which the board has delegated to 5 the committee full power to act. 6 (3) Adopt bylaws and establish policies and procedures for the museum's 7 governance, including but not limited to provisions for the following: 8 (a) The election and responsibilities of the officers of the board, including a 9 chairman and vice chairman, who shall serve terms of two years. 10 (b) The selection, term, and responsibilities of advisors to the board. The 11 board may appoint not more than five advisors who shall serve without 12 compensation. 13 (c) The appointment, duties, and functions of standing and special 14 committees of the board, including the appointment of nonboard members to such 15 committees and their functions. 16 (4) Establish, in accordance with the Administrative Procedure Act, policies, 17 rules, and regulations for the operation of the museum, including setting and 18 charging admission and tour fees and user or rental fees to any or all museum 19 buildings and exhibits. Such user or rental fees shall reflect the actual costs of 20 maintenance of the space rented and the market rates for comparable space in the 21 locality of the space rented. 22 (5) Advise the secretary of state on all matters relating to the operations of 23 the Germantown Colony Museum. 24 (6)(5) Establish and use an identifying seal pertaining to museum business. 25 (7)(6) Perform such other functions as are otherwise provided by this Chapter 26 and R.S. 36:801.22. 27 C. The board may: 28 (1) Individually individually, or in cooperation with any nonprofit 29 corporation established to support the Germantown Colony Museum, seek funds 30 from any source, public or private, to support programs of the museum and expand Page 20 of 32 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 104 ENROLLED 1 expend 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, 801.15, 801.16, and 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 30 responsibilities and shall administer and implement the programs authorized in this Page 21 of 32 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 104 ENROLLED 1 Section independently of the secretary, except as otherwise provided herein. The 2 board shall be responsible for the performance and administration of its day-to-day 3 operations, except that the secretary of the department shall be responsible for those 4 matters which are in the nature of accounting, payroll, budget control, procurement, 5 data processing, and personnel management, and shall have the authority to transfer 6 or implement any or all of said these functions through the secretary and the 7 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 30 Department of State shall be responsible for those matters which are in the nature of Page 22 of 32 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 104 ENROLLED 1 accounting, payroll, budget control, procurement, data processing, and personnel 2 management and shall have the authority to transfer or implement any or all of said 3 functions through the secretary and the department. 4 B. Nothing shall authorize monies, property, or personnel budgeted or 5 assigned to the board to be transferred to or to be used by the department without 6 prior approval of the board. 7 C. The board may solicit and accept gifts and donations for the purposes of 8 the Louisiana State Cotton Museum. Any funds so accepted may be expended by the 9 board or by the Department of State as otherwise provided by law. 10 * * * 11 §801.9. Governing board of the Louisiana State Oil and Gas Museum 12 A. The governing board of the Louisiana State Oil and Gas Museum is 13 hereby placed within the Department of State and shall exercise all powers, duties, 14 functions, and responsibilities provided or authorized by law which are in the nature 15 of policymaking, rulemaking, regulation, enforcement, or adjudication. The board 16 shall exercise all advisory powers, duties, and functions provided by law. The board 17 shall administer and implement all programs provided or authorized by law. The 18 board, with the approval of the secretary of the Department of State, shall employ, 19 appoint, fix the compensation of, remove, assign, and promote such personnel as is 20 necessary for the efficient administration of its powers, duties, functions, and 21 responsibilities and for the administration of its programs, in accordance with civil 22 service laws, rules, and regulations. The board shall exercise the powers, duties, 23 functions, and responsibilities and shall administer and implement the programs 24 authorized in this Section independently of the secretary, except as otherwise 25 provided herein. The board shall be responsible for the performance and 26 administration of its day-to-day operations, except that the secretary of the 27 Department of State shall be responsible for those matters which are in the nature of 28 accounting, payroll, budget control, procurement, data processing, and personnel 29 management and shall have the authority to transfer or implement any or all of said 30 these functions through the secretary and the department. Page 23 of 32 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 104 ENROLLED 1 B. Nothing shall authorize monies, property, or personnel budgeted or 2 assigned to the board to be transferred to or to be used by the department without 3 prior approval of the board. 4 C. The board may solicit and accept gifts and donations for the purposes of 5 the Louisiana State Oil and Gas Museum. Any funds so accepted may be expended 6 by the board or by the Department of State as otherwise provided by law. 7 §801.12. Governing board of the Louisiana Delta Music Museum 8 A.(1) The Louisiana Delta Music Museum is hereby placed within the 9 Department of State, subject to the provisions of this Section and Chapter 5-H of 10 Title 25 of the Louisiana Revised Statutes of 1950. 11 (2) The governing board of the Louisiana Delta Music Museum is hereby 12 placed within the Department of State and shall exercise all powers, duties, 13 functions, and responsibilities provided or authorized for it by law which are in the 14 nature of policymaking, rulemaking, regulation, enforcement, or adjudication. The 15 board shall exercise all advisory powers, duties, and functions provided for it by law. 16 The board shall administer and implement all programs provided or authorized by 17 law for it or for the Louisiana Delta Music Museum. The board, with the approval 18 of the secretary of state, shall employ, appoint, fix the compensation of, remove, 19 assign, and promote such personnel as is necessary for the efficient administration 20 of its powers, duties, functions, and responsibilities and for the administration of its 21 programs, and in accordance with civil service laws, rules, and regulations. The 22 board shall exercise the powers, duties, functions, and responsibilities and shall 23 administer and implement the programs authorized by this Section independently of 24 the secretary, except as otherwise provided in this Section. The board shall be 25 responsible for the performance and administration of its day-to-day operations, 26 except that the secretary of the Department of State shall be responsible for those 27 matters which are in the nature of accounting, payroll, budget control, procurement, 28 data processing, and personnel management and shall have the authority to transfer 29 or implement any or all of said functions through the secretary and the department. 30 B. Nothing shall authorize monies, property, or personnel budgeted or Page 24 of 32 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 104 ENROLLED 1 assigned to the board or to the museum to be transferred to or to be used by the 2 department without prior approval of the board. 3 C. The board may solicit and accept gifts and donations for the purposes of 4 the Louisiana Delta Music Museum. Any funds so accepted may be expended by the 5 board or by the Department of State as otherwise provided by law. 6 D.C.(1) The provisions of R.S. 36:810 and 811 shall be applicable to the 7 museum and its governing board placed within the Department of State by this 8 Section. 9 (2) No records, books, or papers stored in the museum vault or on museum 10 premises shall be removed or transferred from the museum without the unanimous 11 approval of all of the members of the governing board. 12 §801.15. Governing board of the Tioga Heritage Park and Museum 13 A.(1) The Tioga Heritage Park and Museum is hereby placed within the 14 Department of State, subject to the provisions of this Section and Chapter 5-K of 15 Title 25 of the Louisiana Revised Statutes of 1950. 16 (2) The governing board of the Tioga Heritage Park and Museum is hereby 17 placed within the Department of State and shall exercise all powers, duties, 18 functions, and responsibilities provided or authorized for it by law which are in the 19 nature of policymaking, rulemaking, regulation, enforcement, or adjudication. The 20 board shall exercise all advisory powers, duties, and functions provided for it by law. 21 The board shall administer and implement all programs provided or authorized by 22 law for it or for the Tioga Heritage Park and Museum. The board shall exercise the 23 powers, duties, functions, and responsibilities and shall administer and implement 24 the programs authorized by this Section independently of the secretary, except as 25 otherwise provided in this Section. The board shall be responsible for the 26 performance and administration of its day-to-day operations, except that the 27 secretary of the Department of State shall be responsible for those matters which are 28 in the nature of accounting, payroll, budget control, procurement, data processing, 29 and personnel management and shall have the authority to transfer or implement any 30 or all of said functions through the secretary and the department. Page 25 of 32 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 104 ENROLLED 1 B. Nothing shall authorize monies, property, or personnel budgeted or 2 assigned to the board or to the museum to be transferred to or to be used by the 3 department without prior approval of the board. 4 C. The board may solicit and accept gifts and donations for the purposes of 5 the Tioga Heritage Park and Museum. Any funds so accepted may be expended by 6 the board or by the Department of State as otherwise provided by law. 7 D.C.(1) The provisions of R.S. 36:810 and 811 shall be applicable to the 8 museum and its governing board placed within the Department of State by this 9 Section. 10 (2) No records, books, or papers stored in the museum vault or on museum 11 premises shall be removed or transferred from the museum without approval of the 12 governing board. 13 §801.16. Governing board of the Mansfield Female College Museum 14 A.(1) The Mansfield Female College Museum is hereby placed within the 15 Department of State, subject to the provisions of this Section and Chapter 5-L of 16 Title 25 of the Louisiana Revised Statutes of 1950. 17 (2) The governing board of the Mansfield Female College Museum is hereby 18 placed within the Department of State and shall exercise all powers, duties, 19 functions, and responsibilities provided or authorized for it by law which are in the 20 nature of policymaking, rulemaking, regulation, enforcement, or adjudication. The 21 board shall exercise all advisory powers, duties, and functions provided for it by law. 22 The board shall administer and implement all programs provided or authorized by 23 law for it or for the Mansfield Female College Museum. The board shall exercise the 24 powers, duties, functions, and responsibilities and shall administer and implement 25 the programs authorized by this Section independently of the secretary, except as 26 otherwise provided in this Section. The board shall be responsible for the 27 performance and administration of its day-to-day operations, except that the 28 secretary of the Department of State shall be responsible for those matters which are 29 in the nature of accounting, payroll, budget control, procurement, data processing, 30 and personnel management and shall have the authority to transfer or implement any Page 26 of 32 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 104 ENROLLED 1 or all of said functions through the secretary and the department. 2 B. Nothing shall authorize monies, property, or personnel budgeted or 3 assigned to the board or to the museum to be transferred to or to be used by the 4 department without prior approval of the board. 5 C. The board may solicit and accept gifts and donations for the purposes of 6 the Mansfield Female College Museum. Any funds so accepted may be expended by 7 the board or by the Department of State as otherwise provided by law. 8 D.C.(1) The provisions of R.S. 36:810 and 811 shall be applicable to the 9 museum and its governing board placed within the Department of State by this 10 Section. 11 (2) No records, books, or papers stored in the museum vault or on museum 12 premises shall be removed or transferred from the museum without the approval of 13 the governing board. 14 * * * 15 §801.22. Governing board of the Germantown Colony Museum 16 A.(1) The Germantown Colony Museum is hereby placed within the 17 Department of State, subject to the provisions of this Section and Chapter 5-R of 18 Title 25 of the Louisiana Revised Statutes of 1950. 19 (2) The governing board of the Germantown Colony Museum is hereby 20 placed within the Department of State and shall exercise all powers, duties, 21 functions, and responsibilities provided or authorized for it by law which are in the 22 nature of policymaking, rulemaking, regulation, enforcement, or adjudication. The 23 board shall exercise all advisory powers, duties, and functions provided for it by law. 24 The board shall administer and implement all programs provided or authorized by 25 law for it or for the Germantown Colony Museum. The board shall exercise the 26 powers, duties, functions, and responsibilities and shall administer and implement 27 the programs authorized by this Section independently of the secretary, except as 28 otherwise provided in this Section. The board shall be responsible for the 29 performance and administration of its day-to-day operations, except that the 30 secretary of state shall be responsible for those matters which are in the nature of Page 27 of 32 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 104 ENROLLED 1 capital outlay, accounting, payroll, budget control, procurement, data processing, and 2 personnel management and shall have the authority to transfer or implement any or 3 all of said functions through the secretary and the department. Except as provided in 4 R.S. 25:380.154(A)(2), the secretary of state shall employ, appoint, fix the 5 compensation of, remove, assign, and promote such personnel as is are necessary for 6 the efficient administration of the museum in accordance with civil service laws, 7 rules, and regulations. 8 B. Nothing in this Section shall authorize monies, property, or personnel 9 budgeted or assigned to the board or to the museum to be transferred to or to be used 10 by the department without prior approval of the board. 11 C. The board may solicit and accept gifts and donations for the purposes of 12 the Germantown Colony Museum. Any funds so accepted may be expended by the 13 board or by the Department of State as otherwise provided by law. 14 D.C.(1) The provisions of R.S. 36:810 and 811 shall be applicable to the 15 museum and its governing board placed within the Department of State by this 16 Section. 17 (2) No records, books, or papers stored in the museum vault or on museum 18 premises shall be removed or transferred from the museum without the approval of 19 the governing board. 20 Section 3. R.S. 25:380.132(C) and 380.133(B) and (C) are hereby amended and 21 reenacted and R.S. 25:380.137 is hereby enacted to read as follows: 22 §380.132. Governing board; creation; domicile; appointment and compensation of 23 members 24 * * * 25 C. The board shall be comprised as follows of the following members: 26 (1) Seven Five members shall be appointed by the secretary of state and six 27 members shall be elected from a list of nominees submitted by the Friends of the 28 Louisiana Military Hall of Fame and Museum. The speaker of the Louisiana House 29 of Representatives, the president of the Louisiana Senate, and the secretary of state 30 or their designees shall serve as nonvoting members of the board. Page 28 of 32 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 104 ENROLLED 1 (2) All members shall serve four-year terms concurrent with the governor. 2 Six members shall be appointed by the secretary of state. 3 (3) The secretary of state or his designee shall serve as a member. 4 (3)(4) Each member shall serve until his successor is appointed and takes 5 office. 6 (4)(5) Each appointment appointed member shall be subject to confirmation 7 confirmed by the Senate and shall serve a term concurrent with the secretary of 8 state. 9 (5)(6) Members of the board shall serve without compensation. 10 §380.133. Duties and powers of the board 11 * * * 12 B. The board shall: 13 (1) Meet at least quarterly three times a year at a place determined by a 14 majority of the board with at least five days days' notice of the time, date, and place 15 of each meeting given to each member of the board. 16 (2) At any time, call special meetings of the board of directors if a written 17 notice is signed by the president or by a majority of the directors or executive 18 committee. 19 (3) Establish, in accordance with the Administrative Procedure Act, policies, 20 rules, and regulations for the operation of the museum, including setting and 21 charging admission and tour fees and user or rental fees to any or all museum 22 buildings and exhibits. Such user or rental fees shall reflect the actual costs of 23 maintenance of the space rented and the market rates for comparable space in the 24 locality of the space rented. 25 (4) Advise the secretary of state on all matters relating to the operations of 26 the Louisiana Military Hall of Fame and Museum. 27 (5)(4) Establish and use an identifying seal pertaining to museum business. 28 (6)(5) Perform such other functions as are otherwise provided by this Chapter 29 and R.S. 36:801.20. 30 C. The board may: Page 29 of 32 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 104 ENROLLED 1 (1) Elect or appoint any person to act in an advisory capacity or any persons 2 to an advisory board. Persons serving in such advisory capacity shall not exercise 3 any of the powers granted to the board of directors. 4 (2) Form an executive committee and/or or other additional committees, each 5 with its own officers, powers, and duties as the board may determine. 6 (3) Individually, or in cooperation with any nonprofit corporation established 7 to support the Louisiana Military Hall of Fame and Museum, seek and expend funds 8 from any source, public or private, to support programs of the museum. 9 (4) Contract with consulting experts in the fields of museum administration 10 and conservation of artifacts, audio and video recordings, motion picture films, 11 books and papers, and decorative arts, and with appraisers, buying agents, designers, 12 engineers, attorneys, accountants, construction and financial experts, and other such 13 persons as may be necessary to carry out the purposes of the museum. 14 (5) Authorize reports and recommendations which include the issuance, 15 publication, or distribution of general information documents or pamphlets which are 16 published on a regular basis and are generally known as newsletters. 17 * * * 18 §380.137. Secretary of state; rules and regulations 19 The secretary of state may adopt policies, rules, and regulations for the 20 operation of the museum in accordance with the Administrative Procedure Act. 21 Section 4. R.S. 36:801.20 is hereby amended and reenacted to read as follows: 22 §801.20. Governing board of the Louisiana Military Hall of Fame and Museum 23 A.(1) The Louisiana Military Hall of Fame and Museum is hereby placed 24 within the Department of State, subject to the provisions of this Section and Chapter 25 5-P of Title 25 of the Louisiana Revised Statutes of 1950. 26 (2) The governing board of the Louisiana Military Hall of Fame and Museum 27 is hereby placed within the Department of State and shall exercise all powers, duties, 28 functions, and responsibilities provided or authorized for it by law which are in the 29 nature of policymaking, rulemaking, regulation, enforcement, or adjudication. The 30 board shall exercise all advisory powers, duties, and functions provided for it by law. Page 30 of 32 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 104 ENROLLED 1 The board shall administer and implement all programs provided or authorized by 2 law for it or for the Louisiana Military Hall of Fame and Museum. The board, with 3 the approval of the secretary of state, shall employ, appoint, fix the compensation of, 4 remove, assign, and promote such personnel as is necessary for the efficient 5 administration of its powers, duties, functions, and responsibilities for the 6 administration of its programs, and in accordance with civil service laws, rules, and 7 regulations. The board shall exercise the powers, duties, functions, and 8 responsibilities and shall administer and implement the programs authorized by this 9 Section independently of the secretary, except as otherwise provided in this Section. 10 The board shall be responsible for the performance and administration of its 11 day-to-day operations, except that the secretary of the Department of State shall be 12 responsible for those matters which are in the nature of accounting, payroll, budget 13 control, procurement, data processing, and personnel management and shall have the 14 authority to transfer or implement any or all of said functions through the secretary 15 and the department. 16 B. Nothing shall authorize monies, property, or personnel budgeted or 17 assigned to the board or to the museum to be transferred to or to be used by the 18 department without prior approval of the board. 19 C. The board may solicit and accept gifts and donations for the purposes of 20 the Louisiana Military Hall of Fame and Museum. Any funds so accepted may be 21 expended by the board or by the Department of State as otherwise provided by law. 22 D.C.(1) The provisions of R.S. 36:810 and 811 shall be applicable to the 23 museum and its governing board placed within the Department of State by this 24 Section. 25 (2) No records, books, or papers stored in the museum vault or on museum 26 premises shall be removed or transferred from the museum without the approval of 27 two-thirds of the members of the governing board. 28 Section 5. R.S. 25:379.2(C)(4) is hereby repealed. 29 Section 6. A member of the governing board of the Louisiana State Cotton Museum, 30 the governing board of the Louisiana State Oil and Gas Museum, the governing board of the Page 31 of 32 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 104 ENROLLED 1 Louisiana Delta Music Museum, the governing board of the Tioga Heritage Park and 2 Museum, the governing board of the Mansfield Female College Museum, the governing 3 board of directors of the Louisiana Military Hall of Fame and Museum, or the governing 4 board of the Germantown Colony Museum, serving on the effective date of the Act may 5 serve for the remainder of his unexpired term notwithstanding the provisions of this Act. 6 After the effective date of this Act, the secretary of state shall appoint members as needed 7 to ensure that the number of members is not less than that provided for by R.S. 25:380.1(C) 8 as amended by this Act, R.S. 25:380.22(C) as amended by this Act, R.S. 25:380.52(C) as 9 amended by this Act, R.S. 25:380.82(C) as amended by this Act, R.S. 25:380.92(C) as 10 amended by this Act, R.S. 25:380.132(C) as amended by this Act or R.S. 25:380.152(C) as 11 amended by this Act or as applicable. 12 Section 7.(A) This Act shall become effective upon signature by the governor or, if 13 not signed by the governor, upon expiration of the time for bills to become law without 14 signature by the governor, as provided by Article III, Section 18 of the Constitution of 15 Louisiana. If vetoed by the governor and subsequently approved by the legislature, this Act 16 shall become effective on the day following such approval. 17 (B) Notwithstanding the provisions of Subsection A of this Section, the provisions 18 of Sections 3 and 4 of this Act shall not become effective if House Bill No. 213 of this 2020 19 Regular Session of the Legislature is enacted and becomes effective and the reference to the 20 Louisiana Military Hall of Fame and Museum in Section 6 of this Act is void if House 21 Bill 213 of this 2020 Regular Session of the Legislature is enacted and becomes effective. PRESIDENT OF THE SENATE SPEAKER OF THE HOUSE OF REPRESENTATIVES GOVERNOR OF THE STATE OF LOUISIANA APPROVED: Page 32 of 32 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.