MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Appropriations

By: Representatives Simmons (37th), Flaggs, Livingston

House Bill 1060

AN ACT TO AMEND SECTION 39-11-5, MISSISSIPPI CODE OF 1972, TO CREATE A SPECIAL FUND IN THE STATE TREASURY TO BE KNOWN AS THE ARTS COMMISSION CHALLENGE INITIATIVE FUND; TO PROVIDE THAT MONIES IN THE FUND SHALL BE USED BY THE MISSISSIPPI ARTS COMMISSION FOR FUNDING A CHALLENGE PROGRAM FOR ARTS ORGANIZATIONS KNOWN AS THE CHALLENGE INITIATIVE, UNDER WHICH THE COMMISSION MAY AWARD GRANTS TO ARTS ORGANIZATIONS FROM MONIES IN THE FUND AND THE GRANTEES WILL BE REQUIRED TO PROVIDE MATCHING FUNDS FOR THE GRANTS; TO AUTHORIZE THE COMMISSION TO TRANSFER SUMS FROM ITS ANNUAL APPROPRIATION INTO THE FUND, AND TO RECEIVE AND DEPOSIT INTO THE FUND ANY PRIVATE DONATIONS AND GRANTS RECEIVED FOR THE CHALLENGE INITIATIVE; TO PROVIDE FOR THE DISBURSEMENT OF MONIES IN THE FUND BY THE COMMISSION; TO PROVIDE THAT MONIES IN THE FUND WILL NOT LAPSE INTO THE GENERAL FUND AT THE END OF A FISCAL YEAR; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 39-11-9, Mississippi Code of 1972, is amended as follows:

39-11-9. (1) The Mississippi Arts Commission is authorized and empowered to hold public hearings, to enter into contracts within the limit of funds available therefor, with individuals, organizations and institutions for services furthering the objectives of the commission's programs; to enter into contracts, within the limit of funds available therefor, with local and regional associations for cooperative endeavors furthering the objectives of the commission's programs; to accept gifts, contributions and bequests of unrestricted funds from individuals, foundations, corporations and other organizations or institutions for the purpose of furthering the objectives of the commission's programs; to make and sign any agreements and to do and perform any acts that may be necessary to carry out the purposes of this chapter. The commission may request and shall receive from any department, division, board, bureau, commission or agency of the state such assistance and data as will enable it properly to carry out its powers and duties hereunder.

(2) Except for those designated for the special fund created in subsection (3) of this section, any private donations, bequests or private foundation grants to the Mississippi Arts Commission shall be deposited into the Mississippi Fund for the Arts, a special fund which is hereby created in the State Treasury. All funds deposited in this fund shall be used exclusively for the objectives of the commission as herein provided. Funds deposited into the Mississippi Fund for the Arts may be disbursed by the Mississippi Arts Commission in accordance with the terms of the bequest or grant and in compliance with the purposes and policies of the Mississippi Arts Commission. Any disbursements made from the fund shall be authorized by both the chairman and the Executive Director of the Commission and shall be supported by official actions and votes spread upon the minutes of the commission at an open public meeting. Any unexpended balance in the fund at the end of the fiscal year shall not lapse into the State General Fund and may be expended by the commissioner in subsequent fiscal years. Any interest earned on the fund may remain in the fund for disbursement by the commission in compliance with its purposes and policies. All transactions of the fund shall be reported annually to appropriate state agencies and subject to audit by the state auditor and by auditors of donors. The Mississippi Fund for the Arts shall not be used for grants from federal agencies, including, but not limited to, the National Endowment for the Arts.

(3) (a) There is created in the State Treasury a special fund to be known as the Arts Commission Challenge Initiative Fund. Monies in the fund shall be used by the Mississippi Arts Commission for funding a challenge program for arts organizations known as the Challenge Initiative. Under the Challenge Initiative, the commission may award grants to arts organizations from monies in the fund, and the grantees will be required to provide matching funds for the grants in an amount of not less than two (2) times the amount of the grant.

(b) The commission may transfer into the special fund such sums of money from the commission's annual appropriation as deemed necessary and appropriate by the commission, such transfers to be made in accordance with policies established by the commission by regulation. In addition to state monies transferred into the fund, the commission is authorized to receive and deposit into the fund private donations, bequests, foundation grants, and any other grants or contributions made to the commission for the support of the Challenge Initiative.

(c) Monies in the fund may be disbursed by the commission in accordance with the purposes and policies of the commission, and shall be authorized by both the chairman and the executive director of the commission as supported by official actions and votes spread upon the minutes of the commission at open public meetings.

(d) Any unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund and may be expended by the commission in subsequent fiscal years. Any interest earned on the fund shall be deposited to the credit of the fund, and it may be disbursed by the commission in compliance with its purposes and policies.

(e) All transactions of the fund shall be reported annually to appropriate state agencies and shall be subject to audit by the State Auditor and by auditors of donors.

SECTION 2. This act shall take effect and be in force from and after July 1, 1998.