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

 

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

 

CHAPTER..........

 

AN ACT relating to culture; creating the Nevada cultural fund; revising the powers and duties of the state arts council; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

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

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

   Sec. 2.  1.  The Nevada cultural fund is hereby created as a special

 revenue fund. The purposes of the fund are to:

   (a) Ensure a stable and healthy cultural climate in this state;

   (b) Advance and promote a meaningful role of the arts and

 humanities in the lives of individual persons, families and communities

 throughout this state; and

   (c) Stimulate the provision of additional funding from private sources

 to carry out the provisions of paragraphs (a) and (b).

The money in the fund must be used to augment and must not be used to

 replace or supplant any legislative appropriations to the council.

   2.  Except as otherwise provided in subsection 4, the fund is a

 continuing fund without reversion. The money in the fund must be

 invested as the money in other state funds is invested. The interest and

 income earned on the money in the fund, after deducting any applicable

 charges, must be credited to the fund. Claims against the fund must be

 paid as other claims against the state are paid.

   3.  The council may accept gifts, grants and donations from any

 source for deposit in the fund.

   4.  The state board of examiners may, upon making a determination

 that any portion of any amount appropriated by the legislature for

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

 the state, recommend to the interim finance committee that the amount

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

 approval of the interim finance committee, the money may be so

 transferred.

   Sec. 3.  The council shall administer the Nevada cultural fund and

 may expend only the amount of any gifts, grants, donations, interest and

 income credited to the fund to:

   1.  Provide resources for developing the artistic, administrative and

 financial stability of cultural organizations that serve and enrich

 communities throughout this state regarding the arts and humanities;

   2.  Support programs and projects that provide residents of and

 visitors to this state with access to a broad range of activities regarding

 the arts and humanities;

   3.  Encourage cultural organizations to reduce their deficits, to

 establish cash reserves and endowments and to engage in capital

 projects that will aid in their stabilization; and

   4.  Support initiatives and organizations that encourage access to, the

awareness of and education in the arts.

   Sec. 4.  The council shall:

   1.  Adopt regulations establishing criteria and standards for the

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

 pursuant to section 3 of this act.

   2.  Report to each regular session of the legislature:

   (a) The amount of money expended from the Nevada cultural fund;

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

   (c) The sources from which the money was obtained.

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

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

 presentation of the performing and fine arts and encourage artistic

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

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

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

 progress in this regard.

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

   (a) Hold public and private hearings;

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

 with:

     (1) Natural persons, organizations and institutions for services

 furthering the educational objectives of the council; and

     (2) Local and regional associations for cooperative endeavors

 furthering the educational objectives of the council’s programs;

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

 natural persons, foundations, corporations and other organizations and

 institutions [for the purpose of furthering] to further the educational

 objectives of the council’s programs; [and]

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

 chapter[.] ; and

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

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

 and disburse any money made available to the state by the National

 Endowment for the Arts pursuant to 20 U.S.C. § 954.

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

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

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

 carry out the purposes of this chapter.

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

 the buildings and grounds division of the department of administration to

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

 grounds surrounding a state building.

   Sec. 6.  This act becomes effective upon passage and approval.

 

²⁰~~~~~⁰¹