06 HB 978/AP
House
Bill 978 (AS PASSED HOUSE AND SENATE)
By:
Representatives Hill of the
21st
and Smyre of the
132nd
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 4 of Chapter 13 of Title 45 of the Official Code of Georgia
Annotated, relating to the Georgia Capitol Museum, so as to create the Capitol
Art Standards Commission; to provide for its membership and appointment; to
provide for the terms of members of the commission and the filling of vacancies;
to provide for duties and responsibilities; to provide for certain
recommendations; to provide a definition; to provide for the acceptance of
certain funds; to provide a statement of legislative intent; to provide for
related matters; to repeal Code Section 50-16-5.2 of the Official Code of
Georgia Annotated, relating to the creation of the Georgia Art Policy Committee;
to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
4 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating
to the Georgia Capitol Museum, is amended by designating the existing matters
within such article as Part 1 and adding a new Part 2 to read as
follows:
"Part
2
45-13-70.
(a)
There is created the Capitol Art Standards Commission, which is assigned to the
Office of the Secretary of State for administrative purposes only, as prescribed
in Code Section 50-4-3.
(b)
The Capitol Art Standards Commission shall be comprised of 15 members. Three
members shall be appointed by the Governor, of whom one shall be designated as
chairperson. Three members shall be appointed by the Senate Committee on
Assignments and three members shall be appointed by the Speaker of the House of
Representatives. One member each shall be appointed by the Georgia Historical
Society, the Georgia Council for the Humanities, and the Georgia Council for the
Arts. One member each shall be appointed by the Board of Regents of the
University System of Georgia and the Georgia Foundation for Independent
Colleges, each of whom shall be proficient in the history of the State of
Georgia. Each of the appointed members shall serve two-year terms of office and
shall be eligible to succeed themselves. In addition, the director of the
Georgia Capitol Museum or his or her designee shall be a member of the
commission. Vacancies in the positions of appointed members of the commission
shall be filled for the remainder of the unexpired term of office by the
original appointing authority.
(c)
Members of the commission shall serve without compensation but members of the
commission who are not state officials or employees shall receive the same
expense allowance per day as that received by a member of the General Assembly
for each day such member of the commission is in attendance at a meeting of such
commission, plus either reimbursement for actual transportation costs while
traveling by public carrier or the same mileage allowance for use of a personal
car in connection with such attendance as members of the General Assembly
receive. Members of the commission who are state officials or employees shall
receive reimbursement for actual transportation costs in accordance with the
policies of their respective agencies.
(d)
Membership on the commission does not constitute a public office, and no member
shall be disqualified from holding public office by reason of his or her
membership.
(e)
The commission, with the approval of the Governor, may employ such professional,
technical, or clerical personnel as deemed necessary to carry out the purposes
of this part.
45-13-71.
The
Capitol Art Standards Commission shall have the following duties and
responsibilities:
(1)
To meet at such times and places as it shall determine necessary or convenient
to perform its duties. The commission shall also meet on the call of the
chairperson or the Governor;
(2)
To maintain minutes of its meetings;
(3)
To adopt rules and regulations for the transaction of its business;
(4)
To organize itself as it deems appropriate to carry out its
functions;
(5)
To be responsible for developing policies and procedures for and to oversee the
acquisition, installation, preservation, maintenance, display, and storage of
all capitol artwork. As used in this part, the term 'capitol artwork' means
visual art of museum quality owned by the State of Georgia that is displayed in
or on the grounds of the capitol or is held for the purpose of future display to
include, but not be limited to, portraits, paintings, sculptures, and plaques.
The Georgia Capitol Museum shall remain responsible for the documentation,
appraisal, control, handling, and conservation of the present and future
artwork in the capitol art collection;
(6)
To establish a collection policy for all capitol artwork;
(7)
To develop standards and procedures for determining whether to acquire new
artwork which shall include criteria for judging the relevance of the subject,
the historical significance to the State of Georgia, and the quality of the
artwork produced and an approval process for such acquisitions. No artwork
shall be acquired or installed without final approval of the
commission;
(8)
To develop a process for the selection, placement, installation, and rotation of
artwork in the capitol, in the capitol museum, and on the capitol
grounds;
(9)
To develop policies and procedures for outgoing loans from the capitol art
collection and for temporary displays of artwork in the capitol, in the capitol
museum, and on the capitol grounds;
(10)
To develop deaccession policies and procedures for artwork in the capitol art
collection that should be removed based upon poor quality or lack of relevance
or similar factors; and
(11)
To perform such other duties and responsibilities as required by
law.
45-13-72.
The
Capitol Art Standards Commission may recommend to the Governor and the General
Assembly changes in state statutes, policies, budgets, and standards relating to
the capitol art collection, with the objective of keeping the collection at the
highest museum standards.
45-13-73.
The
Capitol Art Standards Commission may accept federal funds granted by Congress or
executive order for the purposes of this part as well as gifts and donations
from individuals, private organizations, or foundations. The acceptance and use
of federal funds shall not commit state funds and shall not place an obligation
upon the General Assembly to continue the purposes for which the federal funds
are made available.
45-13-74.
The
General Assembly finds that this part constitutes a general law within the
meaning of Article III, Section VI, Paragraph IV(a) of the Constitution. The
General Assembly intends that there be no enactment of any bill or resolution
proposing a special law with respect to capitol
artwork."
SECTION
2.
Code
Section 50-16-5.2 of the Official Code of Georgia Annotated, relating to the
creation of the Georgia Art Policy Committee, is hereby repealed.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.