06 HB 978/FA
House
Bill 978 (AM)
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 limitations on the consideration and passage of bills
and resolutions authorizing or requiring the display of certain artwork; 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, placement, 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.
(a)
A bill or resolution authorizing or requiring the display of capitol artwork may
be introduced in the General Assembly only during the regular session which is
held during the first year of the term of office of members of the General
Assembly. Any such bill or resolution may be passed by the General Assembly
only during the regular session which is held during the second year of the term
of office of members of the General Assembly.
(b)
When a bill or resolution authorizing or requiring the display of capitol
artwork is introduced, it shall be assigned by the presiding officer of the
Senate or the House, as the case may be, to the respective appropriate Senate or
House standing committee. If a majority of the total membership of the
respective committee is opposed to the bill or resolution on its merits, no
investigation or review by the Capitol Art Standards Commission shall be
necessary, and the bill or resolution shall not be reported out by the committee
and shall not be adopted or considered by the House or Senate. If a majority
of the committee wishes to consider the bill or resolution further and votes in
favor of an investigation or review of the bill or resolution, an investigation
or review by the Capitol Art Standards Commission shall be required. No such
bill or resolution may be reported out of the committee to which it is assigned
or may be considered or adopted by the House or Senate unless the investigation
or review of the bill or resolution is made by the Capitol Art Standards
Commission and approval of the proposed artwork is received from the Capitol Art
Standards Commission. If the Capitol Art Standards Commission does not approve
the proposed artwork, the commission shall state specifically its reasons for
disapproval in writing.
(c)
A bill or resolution authorizing or requiring the display of capitol artwork
which the committee wishes to consider shall first be perfected, if necessary,
by the committee. The committee may delay further consideration of the bill or
resolution until after the close of the regular session during which the bill or
resolution was introduced, but the committee shall complete its consideration of
the bill or resolution for submission to the Capitol Art Standards Commission by
not later than July 15 immediately following the close of the legislative
session. The committee shall be authorized to meet for not more than five days,
unless additional days are authorized by the President of the Senate for the
Senate committee or by the Speaker of the House for the House committee, during
the period beginning with the day following the close of the session and ending
on July 1 immediately following the close of the session for the purpose of
considering and perfecting the bill or resolution. If the bill or resolution
originated in the Senate, the appropriate House committee shall be authorized to
meet with the Senate committee to consider and perfect a bill or resolution
during the period following the close of a regular session, and, if the bill or
resolution originated in the House, the appropriate Senate committee shall have
the same authority. The committees may adopt such procedures as they find
appropriate for conducting meetings at which both committees are present as
authorized by this subsection. For attending meetings of their respective
committees as authorized by this subsection, the members of the Senate and House
committees shall receive the expenses and allowances provided by law for members
of legislative interim committees. Immediately after considering and perfecting
such bill or resolution, the chairperson of the committee to which the bill or
resolution was assigned shall transmit an exact copy of the bill or resolution,
as perfected by the committee, when applicable, to the Capitol Art Standards
Commission. The submission of the bill or resolution to the Capitol Art
Standards Commission shall have attached thereto a letter signed by the
chairperson of the committee requesting the commission to make or cause to be
made an investigation or review of the proposed artwork in the bill or
resolution.
(d)
When a bill or resolution authorizing or requiring the display of capitol
artwork has had an investigation or review by the Capitol Art Standards
Commission and the Capitol Art Standards Commission approves the proposed
artwork, the bill or resolution may be considered at the next regular session of
the General Assembly. If the bill or resolution as originally introduced was
not changed by the committee and the original version was submitted to the
Capitol Art Standards Commission, then the original version of the bill or
resolution is the only one, except as otherwise provided by subsection (e) of
this Code section, which may be considered by any committee or by the House or
Senate. If the original bill or resolution was substituted by the committee and
the substitute version was the one submitted to the Capitol Art Standards
Commission, then that substitute bill or resolution is the only one, except as
otherwise provided by subsection (e) of this Code section, which may be
considered by any committee or by the House or Senate.
(e)
After completion of an investigation or review by the Capitol Art Standards
Commission, any amendment to a bill or resolution authorizing or requiring the
display of capitol artwork shall be out of order and shall not be allowed either
by a committee or by the House or Senate, except for an amendment to correct
technical, typographical, or stylistic errors. Any amendment to a bill or
resolution authorizing or requiring the display of capitol artwork shall be
submitted to the Capitol Art Standards Commission by the chairperson of the
committee, if a committee amendment, or by the presiding officer of the Senate
or House if the amendment was made by the Senate or House. If the Capitol Art
Standards Commission certifies in writing that the amendment does not affect its
decision to approve the proposed artwork contained in the bill or resolution,
then the bill or resolution as amended may continue in the legislative process.
If the Capitol Art Standards Commission will not issue such a certification for
the amendment, the bill or
resolutiońs
progress in the legislative process will end, and the bill or resolution shall
not be considered further by either the House or Senate and, if passed by the
General Assembly, the bill or resolution shall not become law and shall stand
repealed in its entirety on the first day of July immediately following its
enactment.
(f)
An amendment to a bill or resolution which is prohibited by subsection (e) of
this Code section may be withdrawn by the committee which made the amendment, if
a committee amendment, or by the Senate, if that body made the amendment, or by
the House, if that body made the amendment. If the amendment is withdrawn, the
bill or resolution may continue in the legislative process as any other bill or
resolution, unless it is subsequently amended, and, in that event, this Code
section shall apply to the subsequent
amendment.∀
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.