Regular Session 2015-2016 Senate Bill 1234 P.N. 1855

PRINTER'S NO. 1855

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

1234

Session of

2015

INTRODUCED BY HUGHES, COSTA, RESCHENTHALER, RAFFERTY AND MENSCH,

MAY 26, 2016

REFERRED TO STATE GOVERNMENT, MAY 26, 2016

AN ACT

Establishing the Council on Jazz Education and Preservation and

providing for its powers and duties; establishing the Jazz

Legacy Fund; and making an appropriation.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. 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 section 4.

Section 2. 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.--The following shall apply:

(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 its powers and duties

under this act, the council shall avoid any actions which

would interfere with the freedom of artistic expression or

with the established or contemplated cultural programs in any

local community.

Governor. The council shall consist of the following five

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) Chair.--The Governor shall appoint a member of the

council to serve as chair.

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

open to the public.

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

compensation, except for reimbursements necessary for travel and

other expenses incurred in the performance of official duties.

Section 3. Powers and duties of the council.

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

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necessary to carry out the duties imposed upon it 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 any agreements and do

or perform any acts which may be necessary, desirable or

proper to carry out the purposes of this act;

(3) request from any department, board, bureau,

commission or other agency of the Commonwealth such

assistance and data as will enable it to properly carry out

its powers and duties under this act;

(4) appoint such advisory committees as it deems

advisable and necessary to the carrying out of its 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 may include purchasing instruments or

equipment.

Council on the Arts shall provide administrative, technical and

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other personnel as may be necessary for assisting the Council on

Jazz in the performance of its powers and duties.

Section 4. Preservation, Promotion and Education of Jazz Fund.

(a) Fund established.--A restricted fund is established in

the State Treasury to be known as the Jazz Legacy Fund.

(b) Appropriation.--The sum of $5,000,000 is appropriated

for the purposes of this act.

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

or by executive order, for all or any of the purposes of this

act; and

(2) to accept any gifts, donations or bequests for all

or any of the purposes of this act.

Section 5. Effective date.

This act shall take effect immediately.

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