An Act To Modernize the Laws Governing the State's Cultural Agencies
Maine Legislature, Session 124, LD 1613
Committee: Education and Cultural Affairs
Sponsors: SIMPSON, BERRY, FOSSEL, SAVIELLO, SMITH, WATSON, DAMON, DAVIS, GERZOFSKY
Amends: 27 MRSA §83, 27 MRSA §261, 27 MRSA §403-A, 27 MRSA §504, 27 MRSA §505, 27 MRSA §552, 27 MRSA §557

Legislative ~ocument 
No. 1613 
H.P. 1141 
House of Representatives, December 23,2009· 
An Act To Modernize the Laws Governing the State's Cultural 
Agencies 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Received by the Clerk of the House on December 21,2009. Referred to the Committee on 
Education and Cultural Affairs pursuant to Joint Rule 308.2 and ordered printed pursuant to 
Joint Rule 401. 
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Presented. by Representative PERCY of Phippsburg. 
Cosponsored by Senator SIMPSON of Androscoggin and 
rljJ.-itw!/Ki; 117 .17!I!£;jdw~{ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BERRY of BowdoInham, FOSSEL of Alria, SAVIELLO of Wilton, SMITH 
of Monmouth, WATSON of Bath, Senators: DAMON of Hancock, DAVIS of Cumberland, 
GERZOFSKY of Cumberland. 
Prinh:J nn r.:cydcJ PiJPcr 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 27 MRSA §83, sub-§6, as enacted by PL 2007,"C. 560, §4, is amended to 
read: 
6. 
Designate a private support organization. 
To designate a nonprofit. 
organization as the private support organization for the Maine State Museum. 
The 
designated organization mus~ be ii-.corporated as a nonprofit corporation under the laws of 
the State, and its sole purpose, as reflected in its bylaws, must be to organize and foster 
support for the Maine State Museum and the museum's programs. 
The commission shall delegate authority to the Museum Director to permit, without 
charge and within the museum's financial means, the appropriate use of fixed property, 
equipment and facilities of the museum by the private support organization. Such use 
must be directly in keeping with the approved purposes of the private support 
organization and must comply with all appropriate state' policies and procedures: 
The commission's chair, or the chair's designee, and the Museum Director, or the 
director's designee, must be lT!ade 1000voting ex officio members of the private support 
organization's board of directors. Other members of the commission may serve in a 
nonvoting capacity on the board. of the private support organization if such service is 
agreed to by the commission and private support organization's board of directors. 
Subject to the approval of the commission and review by the joint standing committee of 
the Legislature having jurisdiction over education and cultural affairs, the Museum 
Director shall negotiate an annual memorandum of understanding between the museum 
and the private support organization that outlines a plan of work identifying priority 
projects of mutual benefit and cooperiltion. 
Sec. 2. 27 MRSA §83, as amended by PL 2007, c. 560, §§-2 to 4, is further 
amended by adding at the end a new paragraph to read: 
The commission shall meet at least 4 times annually and shall make minutes of its 
meetings available to the public. 
Sec. 3. 27 MRS A §84-A, as amended by PL 1991, c. 591, Pt. E, §30, is further 
amended to read: 
§84-A. Museum director; appointment 
'31 
The Director of the Maine State Museum Commission must be qualified by training 
or by experience in museum work and is appointed by the Maine State Museum 
Commission subject to review by the joint standing committee of the Legislature having 
jurisdiction over education and culturaJ affairs and to confirmation by the Legislature. 
The director must be chosen without reference to party affiliation and solely on the 
ground of professional competence to perform the director's duties. The director serves a 
term of 6 years fram the date of the appointment and until a successor has been appointed 
and qualified. The director shall serve for an indefinite term, subject to removal for 
sau56-; The commission shall fix compensation for the director within salary range 88. 
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Sec. 4. 27 MRS A §111, sub-§l, as amended by PL 1993, c. 349, §57, is further 
amended to read: 
1. Maine Libr'ary Commission. There is created the Maine Library Commission, 
. as established by Title 5, section 12004-G, subsection 7-E. It consists of 15 members 
appointed by the Governor. The library commission must be broadly representative of the 
State's libraries and· consist of a representative from public, school, academic, special, 
institutional and handicapped libraries, a trustee representative, one representative from 
each of the library districts as they are formed and 3 representatives from the State at 
large of whom one must be a representative of the disadvantaged. 
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The term of each appointed member shall be 5 years or until a successor is appointed and 
qualified. Of the· members first appointed, 3' shall be for one year, 3 for 2 years, 3 for 3 
years, 3 for 4 years and 3 for 5 years. Subsequent appointments shall be for the full term 
of 5 years. No members may serve more than 2 successive terms. In the case of a vacancy 
other than the expiration of a term, the appointment of a successor shall be made in like 
manner for the balance of the term. 
In addition to the 15 appointed members, the directors of the area reference and resource 
centers shall serve as permanent, nonvoting ex officio members of the Maine Library 
Commission. 
The commission shall meet at least 4 times a year. It shall elect a chair and vice-chair for 
terms of 2 years and frame and modifY bylaws for its internal organization and operation. 
The State Librarian shall serve as secretary to the commission. The members of the 
comrriission shall be compensated according to the provisions of Title 5, chapter 379. 
The commission shall make minutes of its meetings available to the public. 
Sec. 5. 27 MRS A §112, sub-§l, as amended by PL 1991, c. 528, Pt. E, §31 and 
affected by Pt. RRR and amended by c. 591, Pt. E, §31, is further amended to read: 
.1. Appointment of State Librarian. Appoint the State Librarian subject to review 
by the joint standing committee of the Legislature having jurisdiction over education and 
cultural affairs and to confirmation by the Legislature. The State Librarian must be 
qualified through training or experience in library work. The State Librarian shall serve 
for an indefinite teRTI, subject to removal for cause serves a term of 6 years from the date 
of appointment and until a: successor has been appointed and qualified. The commission 
shall fix compensation for the State Librarian within salary range 88; . 
Sec. 6. 27 MRSA §261, as repealed and replaced by PL 1999, c. 706, §5, IS 
amended to read: 
§261. Appointment 
The Governor shall appoint the State Historian subject to review by the joint standing 
committee of the Legislature having jurisdiction over education and cultural affairs and to 
confirmation by the Legislature. The State Historian must bea resident of the State, a 
member of an historical ~ociety in the State and distinguished as a researcher, writer, 
lecturer or teacher of Maine history. 
In making the appointment, the Governor shall 
consider any recommendation for the position by the Maine State Cultural Affairs 
CounciL The term of appointment for the State Historian is 4 years or until a successor is 
appointed a-t'ld qualified. The State· Historian must be chosen without reference to party 
affiliation and solely on the ground of professional competence to· perform the State 
Historian's duties. The State Historian serves a term of 6 years from the date of the 
appointment and until a successor has been appointed and qualified. Reappointment is 
permitted. 
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Sec. 7. 27 MRSA §403-A, as amended by PL 1991, c. 591, Pt. E, §32, is further 
. 
amended to read: 
§403-A. Director of Maine Arts Commission; appointment 
The Director of the Maine· Arts CommissiOll must be qualified by training ot 
experience and is appointed by the Maine Arts Commission subject to. review by the joint 
standing committee of the Legislature having jurisdiction over education and culturaL 
affairs and to confirmation by the Legislature. The director shall serve for an indefinite 
term subject to removal for cause. The director must be chosen without reference to party 
affiliation and solely on the ground of professional competence to perform the director's 
16. 
. duties. The director serves a term of 6 years from the date of the appointment and until a 
successor has been appointed and qualified. The commission shalI fix compensation for 
the director within salary range 88. 
19. 
Sec. 8. 27 MRS A §404, as amended by PL 1987, c .. 816, Pt. EE, §7, is further 
amended by adding at the end a new paragraph to read: 
The commission shaH meet at least 4 times a year and shaH make minutes of its 
meetings available to the public. 
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Sec. 9. 27 MRSA §504,as amended by PL 1989, c. 647, §1, is further amended by 
adding at the end a new paragraph to read: 
The commission shalI meet at least 4 times a year and shaH make minutes of its 
meetings available to the public. 
. Sec. 10. 27 MRSA §505, sub-§1, as amended byPL 1991, c. 528, Pt. E, §33 and 
affected by Pt. RRR and amended by c. 591, Pt. E, §33, is further amended to read: 
1. Appointment. The Mahle Historic Preservation Commission may appoint a 
director wOO subject to review by the joint standing committee of the Legislature having 
jurisdiction over education and cultural affairs and to confirmation by the Legislature. 
The director must be qualified by special training or experience in the field of historic 
preservation and ,,;,,'ho shall must also serve as the State Historic Preservation Officer 
upon appointment by the Governor and is subject to removal for cause under the Civil 
SerVice Law .. The director serves a term of 6 years from the date of appointment and 
until a successor has been appointed and qualified. 
The commission shaH fix 
compensation for the director within salary range 88. 
Sec. 11. 27 MRSA §552,as enacted by PL 1989, c. 700, Pt. B, §42, is amended to 
read: 
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§552. Maine State Cultural Affairs Council 
The Maine State Cultural Affairs Council, as established in Title 5, section 12004-G, 
subsectiori 7-A, shall ensure a coordinated, integrated system of cultural resources 
programs and projects and shall ensure the support of cultural heritage institutions and 
activities of the State. The council shall hold public meetings at least 4 times each year 
and make minutes of those meetings available to the public. 
Sec. 12. 27 MRSA §557, sub-§2-A is enacted to read: 
2-A. 
Catalog of holdhigs. A list that identifies all items held by the cultural 
agencies; 
Sec. 13. Reviews; legislation. The following reviews must be conducted relating 
to the Maine Arts Commission, the Maine Historic Preservation Commission, the Maine 
Library Commission, the Maine State Museum Commission, the Maine Humanities 
Council, the Maine Historical Society and the Maine State Archives, referred to in this 
section as "the cultural agencies." 
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1. Modernize statutes. The cultural agencies shall individually review the statutes 
governing their operations and responsibilitieSto determine all changes_that are necessary 
to ensure that those statutes are adequate to meet the needs of the State in .the 21 st 
century. Each agency shall submit the results of its review and recommended legislation 
to the joint standing committee of the Legislature having jurisdiction over education and 
cultudll affairs by January 15, 2011. 
The joint standing committee may submit 
legislation related to this review to the First Regular Session of the 125th Legislature. 
2. 
Administrative structure. The joint standing committee of the Legislature 
having jurisdiction over education and cultural affairs, the cultural ·agencies, the 
Department of Education and the Department of Administrative and FinanciaJ Services 
shall work together to determine whether the cultural agencies should be under the 
jurisdiction of the Department of Education and whether a position of deputy 
commissioner of cultural affairs should be created within the Department of Education 
for the purposes of administering the affairs of the cultural agencies, ensuring operational 
efficiency, avoiding duplication of funCtions and serving as chair of the Maine State 
Cultural Affairs Council. The participating agencies shall recommend whether to transfer 
the cultural agencies to the Department of Education and establish the position of deputy 
commissioner of cultural affairs and shall inch.lde a method of funding such a position 
within existing resources. The joint standing committee may appoint a subcommittee to 
participate in this review. Meetings may be held only on days when legislative members 
are eligible for per .diems or reimbursement for expenses for other purposes. The joint 
standing committee of the Legislature having jurisdiction oyer education and cultural 
affairs may submit legislation related to this review to the First Regular Session of the 
125th Legislature. 
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SUMMARY 
This bill provides for further implementation of recommendations contained in the 
State Controller's audit of the Maine State Library, the .Maine Arts Commission, the 
Maine State Museum Commission and the Maine Historic Preservation Commission to 
provide greater accountability and transparency in the conduct of the work of those 
agencies. The bill directs the cultural agencies to recommend legislation to modernize 
the laws related to those agencies. The bill directs the joint standing committee of the 
Legislature having jurisdiction over education and cultural affairs to work with the 
agencies, the Department of Education and the Department of Administrative and 
. Financial Services to determine whether to establish a new position of deputy 
commissioner for cultural affairs within the Department of Education and place the 
cultural agencies under the jurisdiction of that department. The bill also makes changes 
to the appointment process for c.ertain mem.bers overseeing the agencies,specifies the 
terms for members of and permissible reappointments for celtain commissions and 
strengthens public access to recotds of the commissions. 
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