Senate Bill No. 170–Senators Rawson, James, Wiener, Titus, McGinness and Shaffer

 

February 15, 2001

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Joint Sponsors: Assemblymen  Arberry, Mortenson,
Manendo, Dini and Perkins

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Referred to Committee on Finance

 

SUMMARY—Creates endowment fund for arts and humanities and revises powers and duties of state arts council. (BDR 18‑133)

 

FISCAL NOTE:                     Effect on Local Government: No.

                                    Effect on the State: Contains Appropriation not included in Executive Budget.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to the promotion of culture; creating an endowment fund for arts and humanities; revising the powers and duties of the state arts council; making an appropriation; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1    Section 1. Chapter 233C of NRS is hereby amended by adding thereto

1-2  the provisions set forth as sections 2, 3 and 4 of this act.

1-3    Sec. 2.  1.  The endowment fund for arts and humanities is hereby

1-4  created as a special revenue fund. Except as otherwise provided in

1-5  subsection 3, the fund is a continuing fund without reversion. The money

1-6  in the fund must be invested as the money in other state funds is invested.

1-7  The interest and income earned on the money in the fund, after

1-8  deducting any applicable charges, must be credited to the fund. Claims

1-9  against the fund must be paid as other claims against the state are paid.

1-10    2.  The council may accept gifts, grants and donations from any

1-11  source for deposit in the fund.

1-12    3.  The state board of examiners may, upon making a determination

1-13  that any portion of any amount appropriated by the legislature for

1-14  deposit in the fund is necessary to meet existing or future obligations of

1-15  the state, recommend to the interim finance committee that the amount

1-16  so needed be transferred from the fund to the state general fund. Upon

2-1  approval of the interim finance committee, the money may be so

2-2  transferred.

2-3    Sec. 3.  1.  The council shall administer the endowment fund for

2-4  arts and humanities and may expend only the amount of any gifts,

2-5  grants, donations, interest and income credited to the fund. Except as

2-6  otherwise provided in subsection 2, the council may use:

2-7    (a) Not more than 5 percent of that amount for administrative

2-8  expenses of the council; and

2-9    (b) The remainder of that amount to:

2-10      (1) Obtain grants from the National Endowment for the Arts and

2-11  the National Endowment for the Humanities; and

2-12      (2) Provide funding for projects, endowments and programs for the

2-13  promotion of arts and humanities in this state.

2-14    2.  The council:

2-15    (a) Shall not provide funding pursuant to this section for any project,

2-16  endowment or program until after it has secured, from sources other

2-17  than the state, an equal amount of money, without consideration of any

2-18  contributions in kind, to match the amount to be expended from the

2-19  endowment fund for arts and humanities for the particular project,

2-20  endowment or program; and

2-21    (b) Must provide funding pursuant to this section in the approximate

2-22  ratio of:

2-23      (1) Eighty percent for projects, endowments and programs for the

2-24  promotion of arts; and

2-25      (2) Twenty percent for projects, endowments and programs for the

2-26  promotion of humanities.

2-27  One-eighth of the funding allocated pursuant to subparagraph (1) must

2-28  be provided to Nevada Arts Advocates unless that organization ceases to

2-29  exist or to qualify as a tax-exempt organization pursuant to 26 U.S.C. §

2-30  501(c)(3).

2-31    Sec. 4.  The council shall:

2-32    1.  Adopt regulations establishing criteria and standards for the

2-33  eligibility for and use of any funding to be provided by the council

2-34  pursuant to section 3 of this act. The regulations must ensure that no

2-35  recipient of that funding may expend more than 5 percent of the total

2-36  amount received, including the matching money, for administrative

2-37  expenses.

2-38    2.  Report to each regular session of the legislature:

2-39    (a) The amount of money expended from the endowment fund for arts

2-40  and humanities;

2-41    (b) The specific purposes for which the money was expended; and

2-42    (c) The sources from which the matching money was obtained.

2-43    Sec. 5.  NRS 233C.090 is hereby amended to read as follows:

2-44     233C.090  1.  The council shall stimulate throughout the state the

2-45  presentation of the performing and fine arts and encourage artistic

2-46  expression essential for the well-being of the arts, and shall make, before

2-47  September 1 of each even-numbered year, a report covering the biennium

2-48  ending June 30 of that year to the governor and the legislature on its

2-49  progress in this regard.

3-1    2.  The council [is hereby authorized to:] may:

3-2    (a) Hold public and private hearings;

3-3    (b) Enter into contracts, within the limit of money available therefor,

3-4  with:

3-5       (1) Natural persons, organizations and institutions for services

3-6  furthering the educational objectives of the council; and

3-7       (2) Local and regional associations for cooperative endeavors

3-8  furthering the educational objectives of the council’s programs;

3-9    (c) Accept gifts, contributions and bequests of unrestricted money from

3-10  natural persons, foundations, corporations and other organizations and

3-11  institutions [for the purpose of furthering] to further the educational

3-12  objectives of the council’s programs; [and]

3-13    (d) Make any agreement appropriate to carry out the purposes of this

3-14  chapter[.] ; and

3-15    (e) Perform any acts necessary to carry out section 3 of this act.

3-16    3.  The council is the sole and official agency of this state to receive

3-17  and disburse any money made available to the state by [the] :

3-18    (a) The National Endowment for the Arts pursuant to 20 U.S.C. § 954

3-19  [.] ; and

3-20    (b) The National Endowment for the Humanities pursuant to 20

3-21  U.S.C. § 956.

3-22    4.  The council may request and must receive from any department,

3-23  division, board, bureau, commission or agency of the state such assistance

3-24  and data, as feasible and available, as will enable the council properly to

3-25  carry out the purposes of this chapter.

3-26    5.  The council shall cooperate with the state public works board and

3-27  the buildings and grounds division of the department of administration to

3-28  plan the potential purchase and placement of works of art inside or on the

3-29  grounds surrounding a state building.

3-30    Sec. 6.  There is hereby appropriated from the state general fund to the

3-31  endowment fund for arts and humanities created by section 2 of this act the

3-32  sum of $5,000,000.

3-33    Sec. 7.  This act becomes effective upon passage and approval.

 

3-34  H