Regular Session 2017-2018 Senate Bill 0582 P.N. 0653

PRINTER'S NO. 653

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

582

Session of

2017

INTRODUCED BY HUGHES, RESCHENTHALER, SCHWANK, RAFFERTY, HAYWOOD,

MENSCH AND COSTA, APRIL 6, 2017

REFERRED TO STATE GOVERNMENT, APRIL 6, 2017

AN ACT

Establishing the Council on Jazz Education and Preservation and

providing for its powers and duties; and establishing the

Jazz Legacy Fund.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Short title.

This act shall be known and may be cited as the Council on

Jazz Education and Preservation Act.

Section 2. Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Council." The Council on Jazz Education and Preservation

established under this act.

"Fund." The Jazz Legacy Fund established under this act.

Section 3. Establishment, membership and meetings.

(a) Establishment.--The Council on Jazz Education and

Preservation is established to preserve knowledge and promote

education about jazz.

(b) Limitation.--

(1) Nothing contained in this act shall be construed as

limiting or vesting power in the council to encroach upon or

usurp the power vested in any other commission or agency

established under the laws of this Commonwealth.

(2) In the course of carrying out the council's powers

and duties under this act, the council shall avoid actions

that would interfere with the freedom of artistic expression

or with the established or contemplated cultural programs in

a local community.

Governor. The council shall consist of the following members:

(1) One member appointed by the Governor who shall be a

representative of any field relating to jazz or music.

(2) One member of the Senate appointed by the President

pro tempore of the Senate.

(3) One member of the Senate appointed by the Minority

Leader of the Senate.

(4) One member of the House of Representatives appointed

by the Speaker of the House of Representatives.

(5) One member of the House of Representatives appointed

by the Minority Leader of the House of Representatives.

(d) Chairperson.--The Governor shall appoint a member of the

council to serve as chairperson.

(e) Open meetings.--All meetings of the council shall be

open to the public.

(f) Compensation.--Members of the council may not receive

compensation, except for reimbursements necessary for travel and

other expenses incurred in the performance of official duties.

20170SB0582PN0653 - 2 -

Section 4. Powers and duties of the council.

(a) Powers.--The council shall have the powers and authority

necessary to carry out the duties imposed by this act, including

the power to:

(1) adopt rules and regulations necessary for proper

execution of the powers and duties granted to and imposed

upon the council by this act;

(2) hold hearings, make and sign agreements and do or

perform acts that may be necessary, desirable or proper to

carry out the purposes of this act;

(3) request from a department, board, bureau, commission

or other agency of the Commonwealth such assistance and data

as will enable the council to properly carry out the

council's powers and duties under this act;

(4) appoint such advisory committees as the council

deems advisable and necessary to the carrying out of the

council's powers and duties under this act; and

(5) award grants to promote, protect, preserve and

market jazz throughout this Commonwealth.

(b) Duties.--The council shall have the following duties:

(1) to promote, encourage, foster, preserve and market

jazz in this Commonwealth;

(2) to promote jazz education throughout the public and

private schools throughout this Commonwealth;

(3) to promote jazz education throughout this

Commonwealth's institutions of higher education; and

(4) to provide grants to support, promote, educate,

encourage, foster, preserve and market jazz throughout this

Commonwealth, which grants may be used to purchase

instruments or equipment.

20170SB0582PN0653 - 3 -

Council on the Arts shall provide administrative, technical and

other personnel as may be necessary for assisting the council in

the performance of the council's powers and duties.

Section 5. Jazz Legacy Fund.

(a) Establishment.--The Jazz Legacy Fund is established in

the State Treasury. The money in the fund is hereby appropriated

on a continuing basis to the council for the purposes of this

act.

(b) Interfund transfer.--The sum of $5,000,000 is

transferred from the General Fund to the Jazz Legacy Fund.

(1) accept Federal funds granted, by act of Congress or

by executive order, for the purposes of this act; and

(2) to accept gifts, donations or bequests for the

purposes of this act.

(d) Use.--The money in the fund shall be used by the council

to administer and for the purposes of this act.

Section 6. Effective date.

This act shall take effect immediately.

20170SB0582PN0653 - 4 -