(REPRINTED WITH ADOPTED AMENDMENTS)
FIRST REPRINT S.B. 170
Senate Bill No. 170–Senators Rawson, James, Wiener, Titus, McGinness and Shaffer
February 15, 2001
____________
Joint Sponsors: Assemblymen Arberry, Mortenson,
Manendo, Dini and Perkins
____________
Referred to Committee on Finance
SUMMARY—Creates Nevada cultural fund 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.
~
EXPLANATION
– Matter in bolded italics is new; matter
between brackets [omitted material] is material to be omitted.
Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
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 Nevada cultural fund is hereby created as a special
1-4 revenue fund. The purposes of the fund are to:
1-5 (a) Ensure a stable and healthy cultural climate in this state;
1-6 (b) Advance and promote a meaningful role of the arts and
1-7 humanities in the lives of individual persons, families and communities
1-8 throughout this state; and
1-9 (c) Stimulate the provision of additional funding from private sources
1-10 to carry out the provisions of paragraphs (a) and (b).
1-11 The money in the fund must be used to augment and must not be used to
1-12 replace or supplant any legislative appropriations to the council.
1-13 2. Except as otherwise provided in subsection 4, the fund is a
1-14 continuing fund without reversion. The money in the fund must be
1-15 invested as the money in other state funds is invested. The interest and
1-16 income earned on the money in the fund, after deducting any applicable
2-1 charges, must be credited to the fund. Claims against the fund must be
2-2 paid as other claims against the state are paid.
2-3 3. The council may accept gifts, grants and donations from any
2-4 source for deposit in the fund.
2-5 4. The state board of examiners may, upon making a determination
2-6 that any portion of any amount appropriated by the legislature for
2-7 deposit in the fund is necessary to meet existing or future obligations of
2-8 the state, recommend to the interim finance committee that the amount
2-9 so needed be transferred from the fund to the state general fund. Upon
2-10 approval of the interim finance committee, the money may be so
2-11 transferred.
2-12 Sec. 3. The council shall administer the Nevada cultural fund and
2-13 may expend only the amount of any gifts, grants, donations, interest and
2-14 income credited to the fund to:
2-15 1. Provide resources for developing the artistic, administrative and
2-16 financial stability of cultural organizations that serve and enrich
2-17 communities throughout this state regarding the arts and humanities;
2-18 2. Support programs and projects that provide residents of and
2-19 visitors to this state with access to a broad range of activities regarding
2-20 the arts and humanities;
2-21 3. Encourage cultural organizations to reduce their deficits, to
2-22 establish cash reserves and endowments and to engage in capital projects
2-23 that will aid in their stabilization; and
2-24 4. Support initiatives and organizations that encourage access to, the
2-25 awareness of and education in the arts.
2-26 Sec. 4. The council shall:
2-27 1. Adopt regulations establishing criteria and standards for the
2-28 eligibility for and use of any funding to be provided by the council
2-29 pursuant to section 3 of this act.
2-30 2. Report to each regular session of the legislature:
2-31 (a) The amount of money expended from the Nevada cultural fund;
2-32 (b) The specific purposes for which the money was expended; and
2-33 (c) The sources from which the money was obtained.
2-34 Sec. 5. NRS 233C.090 is hereby amended to read as follows:
2-35 233C.090 1. The council shall stimulate throughout the state the
2-36 presentation of the performing and fine arts and encourage artistic
2-37 expression essential for the well-being of the arts, and shall make, before
2-38 September 1 of each even-numbered year, a report covering the biennium
2-39 ending June 30 of that year to the governor and the legislature on its
2-40 progress in this regard.
2-41 2. The council [is hereby authorized to:] may:
2-42 (a) Hold public and private hearings;
2-43 (b) Enter into contracts, within the limit of money available therefor,
2-44 with:
2-45 (1) Natural persons, organizations and institutions for services
2-46 furthering the educational objectives of the council; and
2-47 (2) Local and regional associations for cooperative endeavors
2-48 furthering the educational objectives of the council’s programs;
3-1 (c) Accept gifts, contributions and bequests of unrestricted money from
3-2 natural persons, foundations, corporations and other organizations and
3-3 institutions [for the purpose of furthering] to further the educational
3-4 objectives of the council’s programs; [and]
3-5 (d) Make any agreement appropriate to carry out the purposes of this
3-6 chapter[.] ; and
3-7 (e) Perform any acts necessary to carry out section 3 of this act.
3-8 3. The council is the sole and official agency of this state to receive
3-9 and disburse any money made available to the state by the National
3-10 Endowment for the Arts pursuant to 20 U.S.C. § 954.
3-11 4. The council may request and must receive from any department,
3-12 division, board, bureau, commission or agency of the state such assistance
3-13 and data, as feasible and available, as will enable the council properly to
3-14 carry out the purposes of this chapter.
3-15 5. The council shall cooperate with the state public works board and
3-16 the buildings and grounds division of the department of administration to
3-17 plan the potential purchase and placement of works of art inside or on the
3-18 grounds surrounding a state building.
3-19 Sec. 6. This act becomes effective upon passage and approval.
3-20 H