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PAG LIN 1 1 Section 1. Section 303C.4, unnumbered paragraph 1, Code 1 2 1995, is amended to read as follows: 1 3 Enhancement account funds shall be available, upon 1 4 certification by the departmentof the availability of1 5matching funds from private sources, to nonprofit1 6organizations for the purposes of education, outreach, and1 7enhancementthat the applicant has secured nonstate matching 1 8 funds at least equal to the amount of the grant award.An1 9organization proposing a program must have available funds1 10from private sources in order to receive an equal amount of1 11public funds contained in the enhancement account.The 1 12 department shall consider the recommendations of the caucus on 1 13 arts and cultural enhancement made pursuant to section 303C.6, 1 14 and the recommendations of the advisory council created in 1 15 section 303C.5, and shall adopt rules pursuant to chapter 17A 1 16 governing the distribution of funds to organizations. 1 17 Proposed programs shall do at least one of the following: 1 18 Sec. 2. Section 303C.5, Code 1995, is amended to read as 1 19 follows: 1 20 303C.5 BLOCK GRANTS PROVIDED TO QUALIFIED ORGANIZATIONS. 1 211.Enhancement account funds shall be availablefor1 22distribution to qualified organizationsfor the purposes of 1 23 enhancing the quality of local arts and cultural programs.In1 24order to qualify for a block grant, an organization must1 25represent at least seventy percent of its defined membership.1 26 The department shall adopt rules pursuant to chapter 17A 1 27 governing the eligibility for, and the distribution of, block 1 28 grants. The rules adopted shall include, but are not limited 1 29 to, requirements that eligible organizations have adequate by- 1 30 laws, mission statements, representational board structure, 1 31 and publicly accessible arts programming. 1 322. An advisory council consisting of organizations funded1 33by the department pursuant to this section, and representa-1 34tives of the Iowa assembly for local arts agencies, Iowa1 35alliance for arts education, Iowa arts coalition, the Iowa2 1museum association, the chairperson of the statewide caucus,2 2the department of education, and the Iowa humanities board is2 3established. The advisory council shall review and advise the2 4department regarding the awarding of funds pursuant to section2 5303C.4.2 6 Sec. 3. NEW SECTION. 303C.5A ADVISORY COUNCIL. 2 7 1. An advisory council is established to advise the 2 8 department regarding the awarding of funds pursuant to section 2 9 303C.4. The advisory council shall consist of seven members 2 10 selected as follows: 2 11 a. The person elected as chairperson of the statewide 2 12 cultural caucus pursuant to section 303C.6, subsection 2. 2 13 b. The chairperson of the Iowa humanities board. 2 14 c. The chairperson of the Iowa arts council. 2 15 d. Four members appointed by the director of the 2 16 department of cultural affairs, two of whom shall be 2 17 representatives of statewide arts organizations. 2 18 2. The majority shall not include any member who has a 2 19 conflict of interest and a statement by a member of a conflict 2 20 of interest shall be conclusive for this purpose. 2 21 3. The term of office for the member selected pursuant to 2 22 subsection 1, paragraph "a", is one year. The term of office 2 23 for members selected pursuant to subsection 1, paragraphs "b" 2 24 through "d", is three years. Terms shall be staggered and 2 25 shall commence and end as provided in section 69.19. A 2 26 vacancy shall be filled by the original appointing authority. 2 27 4. The advisory council shall be bipartisan and gender 2 28 balanced in accordance with sections 69.16 and 69.16A. 2 29 Sec. 4. Section 303C.6, subsection 2, unnumbered paragraph 2 30 1, Code 1995, is amended to read as follows: 2 31 Biennially, in the month of June during odd-numbered years, 2 32 the department shall convene a statewide caucus on arts and 2 33 cultural enhancement.The caucus shall be held for one day2 34during the month of June in the capitol complex, Des Moines.2 35 Sec. 5. Section 303C.6, subsection 2, paragraph a, Code 3 1 1995, is amended to read as follows: 3 2 a. Prior toathe statewide caucus, the department shall 3 3 make arrangements to hold a conference in each of six regions 3 4 of the state as defined by the Iowa arts council. The 3 5 department shall promote attendance of interested persons at 3 6 each conference. A designee of the department shall call each 3 7 conference to order and serve as temporary chairperson until 3 8 persons attending elect a chairperson. The department shall 3 9 provide persons attending with current information regarding 3 10 cultural enhancement programs and expenditures. Persons 3 11 attending shall identify opportunities for programs in the 3 12 areas of education, outreach, and enhancement and review 3 13 recommended changes in enhancement account policies, programs, 3 14 and funding, and make recommendations in the form of a 3 15 resolution. The persons attendingeachthe conference shall 3 16 elect six persons from among the attendees to serve as 3 17 regional, voting delegates to the statewide caucus, and one3 18person to serve as. The conference attendees shall elect a 3 19 chairpersonof the regionfrom among the six representatives. 3 20 The selection of persons at each conference to serve as 3 21 regional, voting delegates to the statewide caucus shall 3 22 conform to the gender balance requirements of section 69.16A. 3 23 Other interested persons may attend the statewide caucus as 3 24 nonvoting attendees. 3 25 Sec. 6. Section 303C.6, subsection 3, Code 1995, is 3 26 amended by striking the subsection. 3 27 Sec. 7. Section 303C.7, Code 1995, is amended by striking 3 28 the section and inserting in lieu thereof the following: 3 29 303C.7 ARTS AND CULTURAL ENDOWMENT PROGRAM ESTABLISHED. 3 30 The arts and cultural endowment program is established. 3 31 The program shall be administered by the arts and cultural 3 32 endowment foundation governing board established in section 3 33 303C.8, which shall adopt rules pursuant to chapter 17A to 3 34 fulfill the purposes of this section. Interest on the funds 3 35 in the endowment account established in section 303C.2, 4 1 subsection 2, is available for the purposes of this section. 4 2 The endowment foundation shall establish criteria for the 4 3 awarding of grants, fellowships, and scholarships to 4 4 nonprofessional, professional, and student artists to develop, 4 5 encourage, and enhance the arts and cultural programs in the 4 6 state, upon submission of a proposal by the artist. An artist 4 7 shall request no more than twenty-five thousand dollars in a 4 8 proposal. 4 9 Sec. 8. NEW SECTION. 303C.8 ARTS AND CULTURAL ENDOWMENT 4 10 FOUNDATION &endash; GOVERNING BOARD &endash; ESTABLISHED. 4 11 1. The arts and cultural endowment foundation is 4 12 established and shall be administered by a governing board 4 13 consisting of seven members, three of whom shall be appointed 4 14 by the Iowa humanities board and four of whom shall be 4 15 appointed by the director of the department. Members shall be 4 16 knowledgeable about education, arts, the humanities, and fund- 4 17 raising activities in this state. A vacancy shall be filled 4 18 by the original appointing authority. Members shall serve 4 19 three-year staggered terms which shall commence and end as 4 20 provided in section 69.19. The governing board shall be 4 21 bipartisan and gender balanced in accordance with sections 4 22 69.16 and 69.16A. 4 23 2. The Iowa arts council shall provide administrative 4 24 services for the arts and cultural endowment foundation and 4 25 shall advise and assist the governing board. The exercise of 4 26 the powers granted to the endowment foundation in this chapter 4 27 is an essential governmental function. The endowment 4 28 foundation shall be located in the department's offices. 4 29 3. The endowment foundation may solicit and accept gifts, 4 30 grants, donations, bequests, and in-kind contributions for 4 31 deposit in the endowment account. The endowment foundation 4 32 shall, to the extent possible, use gifts, donations, and 4 33 bequests in accordance with the expressed desires of the 4 34 person making the gift, donation, or bequest. 4 35 Sec. 9. TRANSITION. The terms of members serving on the 5 1 advisory council abolished by this Act shall expire June 30, 5 2 1995. Members of the initial advisory council established 5 3 pursuant to section 3 of this Act shall be appointed not later 5 4 than July 1, 1995. Notwithstanding section 3 of this Act, two 5 5 members appointed to the initial advisory council established 5 6 under this Act shall serve terms ending April 30, 1996; two 5 7 members shall serve terms ending April 30, 1997; and two 5 8 members shall serve terms ending April 30, 1998. The person 5 9 elected as chairperson of the statewide cultural caucus 5 10 pursuant to section 303C.6, subsection 2, shall serve a term 5 11 ending April 30, 1996. 5 12 Sec. 10. INITIAL GOVERNING BOARD. Members of the initial 5 13 governing board established pursuant to section 8 of this Act 5 14 shall be appointed not later than July 1, 1995. 5 15 Notwithstanding section 8 of this Act, one member appointed by 5 16 the Iowa humanities board and one member appointed by the 5 17 department to the initial governing board established under 5 18 section 8 of this Act shall each serve terms ending April 30, 5 19 1996; one member appointed by the Iowa humanities board and 5 20 one member appointed by the department shall each serve terms 5 21 ending April 30, 1997; and one member appointed by the Iowa 5 22 humanities board and two members appointed by the department 5 23 shall each serve terms ending April 30, 1998. 5 24 EXPLANATION 5 25 This bill provides changes to the arts and cultural 5 26 enhancement and endowment Act, specifying that applicants for 5 27 funds must have secured nonstate matching funds at least equal 5 28 to the amount of a grant award, striking language that limited 5 29 awards of grants to organizations that represent at least 70 5 30 percent of its defined membership, requiring the department to 5 31 adopt rules governing the eligibility for, and the 5 32 distribution of, block grants, abolishing and replacing an 5 33 advisory council for block grants, and creating a governing 5 34 board for the administration of the arts and cultural 5 35 endowment program and foundation. 6 1 Rules adopted by the department shall include requirements 6 2 that organizations eligible for grants have adequate by-laws, 6 3 mission statements, representational board structure, and 6 4 publicly accessible arts programming. 6 5 Current law does not specify the number of members who may 6 6 serve on the advisory council whose responsibility it is to 6 7 review and advise the department regarding the awarding of 6 8 block grant funds. One organization listed as a source of 6 9 representatives for the council no longer functions. 6 10 Currently, members of the council represent organizations 6 11 eligible for grants under the program. The bill provides that 6 12 the council shall consist of seven members and the majority 6 13 shall not include any member who has a conflict of interest. 6 14 The bill strikes a requirement that the statewide caucus on 6 15 arts and cultural enhancement meet in Des Moines. The bill 6 16 makes a distinction between regional, voting delegates to the 6 17 statewide caucus to provide for the attendance at the caucus 6 18 by other interested persons who may attend the statewide 6 19 caucus as nonvoting attendees. 6 20 The bill strikes current law requiring that the costs for 6 21 arranging and conducting the conferences be paid from funds in 6 22 the enhancement account. 6 23 The bill creates a governing board to administer and adopt 6 24 rules for the arts and cultural endowment program and 6 25 foundation. The governing board consists of seven members, 6 26 three of whom shall be appointed by the Iowa humanities board 6 27 and four of whom shall be appointed by the director of the 6 28 department of cultural affairs. Members shall be 6 29 knowledgeable about education, arts, the humanities, and fund- 6 30 raising activities in this state. Members shall serve three- 6 31 year staggered terms. The Iowa arts council shall provide 6 32 administrative services for the arts and cultural endowment 6 33 foundation and shall advise and assist the governing board. 6 34 Under transition language included in the bill, the terms 6 35 of members serving on the advisory council abolished by the 7 1 bill shall expire June 30, 1995. Members of the advisory 7 2 council established pursuant to section 3 of this Act shall be 7 3 appointed not later than July 1, 1995, and staggered terms are 7 4 provided for in the transition language. 7 5 The bill also provides for the terms of the members of the 7 6 initial governing board of the arts and cultural endowment 7 7 foundation. 7 8 LSB 1942SC 76 7 9 kh/jj/8
Text: SSB00207 Text: SSB00209 Text: SSB00200 - SSB00299 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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