Code of Virginia

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Code of Virginia
Title 23.1. Institutions of Higher Education; Other Educational and Cultural Institutions
Chapter 32. Museums and Other Cultural Institutions
7/30/2021

Article 6. Virginia Museum of Fine Arts.

§ 23.1-3216. Virginia Museum of Fine Arts established.

The Virginia Museum of Fine Arts (the Museum) is established as an educational institution in the Commonwealth and a public body and instrumentality for the dissemination of education.

1997, c. 367, § 23-253.4; 2016, c. 588; 2017, c. 314.

§ 23.1-3217. Board of trustees.

A. The management and control of the Virginia Museum of Fine Arts and its building, contents, furnishings, grounds, and other properties is vested in a board of trustees (the board) composed of (i) the Governor, the Speaker of the House of Delegates, and the mayor of the City of Richmond, who shall serve ex officio, and (ii) at least 25 but not more than 35 nonlegislative citizen members. Nonlegislative citizen members shall be appointed by the Governor after consideration of a list of nominees from the Museum submitted at least 60 days before the expiration of the member's term for which the nominations are being made.

B. Nonlegislative citizen members shall be appointed for terms of five years. No nonlegislative citizen member is eligible to serve more than two consecutive five-year terms; however, a member appointed to serve an unexpired term is eligible to serve two consecutive five-year terms immediately succeeding such unexpired term.

C. Nine members shall constitute a quorum at any meeting and a majority vote of those members present shall control in all matters.

D. The board shall adopt bylaws governing its organization and procedure and may alter and amend the bylaws.

E. The board shall elect one of its members president of the Museum.

F. The board may provide for an executive committee composed of at least three members that may exercise the powers vested in it and perform the duties imposed upon it by the board.

1997, c. 367, §§ 23-253.1, 23-253.2, 23-253.3; 2010, c. 101; 2011, cc. 691, 714; 2016, c. 588; 2017, c. 314.

§ 23.1-3218. Powers of the board.

A. The board may:

1. Manage, control, maintain, and operate the Museum, including its contents, furnishings, grounds funds, property, and endowments;

2. Charge for admission to the Museum;

3. Employ a director, who shall be the chief executive officer of the Museum, and such persons as may be necessary to manage, control, maintain, and operate the Museum;

4. Consistent with subdivision 15 of § 2.2-2905, suspend and remove employees;

5. Determine which works of art shall be kept, housed, or exhibited in the Museum;

6. Acquire by purchase, gift, loan, or otherwise works of art and exchange or sell such works if not inconsistent with the terms of the purchase, gift, loan, or other acquisition;

7. Enter into agreements with organizations interested in art;

8. Adopt a seal;

9. Stimulate and assist in the formation of new organizations;

10. Do such other things as it deems proper to promote art education throughout the Commonwealth;

11. Receive and administer on behalf of the Commonwealth gifts, bequests, and devises of real and personal property for the endowment of the Museum or any special purpose designated by the donor;

12. Change the form of investment of any funds, securities, or other property, real or personal, provided that the form is not inconsistent with the terms of the instrument under which the property was acquired. The trustees may sell, grant, and convey any such property but, in the case of real property, only with the written consent of the Governor;

13. Confer the honorary degree of patron of arts on any person who has made an outstanding contribution to art, provided that no more than two such degrees shall be conferred in any calendar year; and

14. Adopt regulations to establish classes of membership in the Museum.

B. Nothing in this section shall be construed to prohibit the assessment and levying of a service charge pursuant to the provisions of Chapter 34 (§ 58.1-3400 et seq.) of Title 58.1.

C. The exercise of the powers conferred on the board by this article is the performance of an essential governmental function.

1997, c. 367, §§ 23-253.4, 23-253.5; 2016, c. 588.

§ 23.1-3219. Authority of Art and Architectural Review Board.

The Art and Architectural Review Board shall not control, manage, or supervise in any way the board in the exercise of its powers and duties, except that in the matter of additions, repairs, and alterations to the exterior of the Museum building the Art and Architectural Review Board shall continue to exercise the powers now conferred on it by law.

1997, c. 367, § 23-253.6; 2016, c. 588.

§ 23.1-3220. Expenditures for current expenses.

All moneys received by the board for current expenses in operating the Museum shall be paid into the state treasury, where they shall be set aside as a special fund for the operation of the Museum to be paid by the State Treasurer on warrants of the Comptroller issued upon vouchers signed by the president of the Museum or his duly authorized agent.

1997, c. 367, § 23-253.7; 2004, c. 650; 2016, c. 588.

§ 23.1-3221. Annual report.

The board shall submit an annual report to the Governor and General Assembly on or before November 1 of each year containing, at a minimum, the annual financial statements of the Museum for the fiscal year ending the preceding June 30. Such report shall be submitted as a report document as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports and shall be posted on the General Assembly's website.

2016, c. 588.