Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 302 (2020GS)

Sponsor

Rep. Winder, M.

Final action

Governor Signed 3/30/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• authorizes the department to create a heritage and arts foundation (foundation);
• describes the requirements, including reporting requirements, related to the foundation;
• creates the Heritage and Arts Foundation Fund (fund);
• describes the requirements of administering and using the fund; and
• makes technical changes.

Every vote on this bill

Bill text

HERITAGE AND ARTS FOUNDATION AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Mike Winder
Senate Sponsor: 
David P. Hinkins
LONG TITLE
General Description:
This bill modifies provisions related to the Department of Heritage and Arts
(department).
Highlighted Provisions:
This bill:
▸ authorizes the department to create a heritage and arts foundation (foundation);
▸ describes the requirements, including reporting requirements, related to the
foundation;
▸ creates the Heritage and Arts Foundation Fund (fund);
▸ describes the requirements of administering and using the fund; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
9-1-201
, as last amended by Laws of Utah 2019, Chapter 221
ENACTS:
9-1-209
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
9-1-201
 is amended to read:
9-1-201.
Department of Heritage and Arts -- Creation -- Powers and duties.
(1) There is created the Department of Heritage and Arts.
(2) The department shall:
(a) be responsible for preserving and promoting the heritage of the state, the arts in the
state, and cultural development within the state;
(b) perform heritage, arts, and cultural development planning for the state;
(c) coordinate the program plans of the various divisions within the department;
(d) administer and coordinate all state or federal grant programs which are, or become,
available for heritage, arts, and cultural development;
(e) administer any other programs over which the department is given administrative
supervision by the governor;
(f) submit an annual written report to the governor and the Legislature as described in
Section 
9-1-208
;
(g) ensure that any training or certification required of a public official or public
employee, as those terms are defined in Section 
63G-22-102
, complies with Title 63G, Chapter
22, State Training and Certification Requirements, if the training or certification is required:
(i) under this title;
(ii) by the department; or
(iii) by an agency or division within the department; and
(h) perform any other duties as provided by the Legislature.
(3) The department may
:
(a)
 solicit and accept contributions of money, services, and facilities from any other
sources, public or private, but may not use those contributions for publicizing the exclusive
interest of the donor[
.
]
; and
(b) establish a nonprofit foundation called the Heritage and Arts Foundation under the
control and direction of the executive director to assist in the development and implementation
of the programs and objectives described in this title.
(4) Money received under Subsection (3)
(a)
 shall be deposited [
in
] 
into
 the General
Fund as dedicated credits.
(5) A foundation established by the department under Subsection (3)(b):
(a) may receive contributions of money, services, and facilities from legislative
appropriations, government grants, and private sources for the development and
implementation of the programs and objectives described in this title;
(b) shall comply with the requirements described in Section 
9-1-209
; and
(c) shall provide information detailing all transactions and balances associated with the
foundation to the department, which shall be summarized by the department and included in
the department's annual report described in Section 
9-1-208
.
[
(5)
] 
(6)
 (a) For a pass-through funding grant of $50,000 or less, the department shall
make an annual disbursement to the pass-through funding grant recipient.
(b) For a pass-through funding grant of more than $50,000, the department shall make
a semiannual disbursement to the pass-through funding grant recipient, contingent upon the
department receiving a semiannual progress report from the pass-through funding grant
recipient.
(c) The department shall:
(i) provide the pass-through funding grant recipient with a progress report form for the
reporting purposes described in Subsection [
(5)
] 
(6)
(b); and
(ii) include reporting requirement instructions with the form.
Section 2. Section 
9-1-209
 is enacted to read:
 9-1-209.
Heritage and Arts Foundation Fund.
(1) As used in this section, "fund" means the Heritage and Arts Foundation Fund
created in this section.
(2) There is created an expendable special revenue fund known as the "Heritage and
Arts Foundation Fund."
(3) The executive director shall administer the fund.
(4) Money may be deposited into the fund from a variety of sources, including
transfers, grants, private foundations, individual donors, gifts, bequests, legislative
appropriations, and money made available from any other source.
(5) Money collected by the Heritage and Arts Foundation described in Subsections
9-22-104
(3)(b) and (5) shall be deposited into the fund.
(6) Any portion of the fund may be treated as an endowment fund such that the
principal of that portion of the fund is held in perpetuity on behalf of the department.
(7) The state treasurer shall invest the money in the fund according to the procedures
and requirements of Title 51, Chapter 7, State Money Management Act, except that all interest
or other earnings derived from those investments shall be deposited into the fund.
(8) The executive director may expend money from the fund for any of the purposes
described in this title.