H.B. 415 Enrolled

1

SCHOOLS FOR THE DEAF AND BLIND FOUNDATION
2 2011 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Stephen G. Handy
5 Senate Sponsor: J. Stuart Adams
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Public-Private Partnership for Education Excellence Act by
10 enabling the Utah Schools for the Deaf and Blind to establish a non-profit foundation.
11 Highlighted Provisions:
12 This bill:
13 . authorizes the Utah Schools for the Deaf and Blind to establish a non-profit
14 foundation; and
15 . makes technical changes.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 53A-4-205, as last amended by Laws of Utah 2008, Chapter 310
23
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 53A-4-205 is amended to read:
26 53A-4-205. Establishment of public education foundations -- Powers and duties --
27 Tax exempt status.
28 (1) [State and] The State Board of Education, a local school [boards] board, or the
29 Utah Schools for the Deaf and Blind may establish foundations to:

30 (a) assist in the development and implementation of the programs authorized under this
31 part to promote educational excellence; and
32 (b) assist in the accomplishment of other education-related objectives.
33 (2) A foundation established under Subsection (1):
34 (a) may solicit and receive contributions from private enterprises for the purpose of this
35 part;
36 (b) shall comply with Title 51, Chapter 7, State Money Management Act, and rules
37 made under the act;
38 (c) has no power or authority to incur contractual obligations or liabilities that
39 constitute a claim against public funds except as provided in this section;
40 (d) may not exercise executive, administrative, or rulemaking authority over the
41 programs referred to in this part, except to the extent specifically authorized by the responsible
42 school board;
43 (e) is exempt from all taxes levied by the state or any of its political subdivisions with
44 respect to activities conducted under this part;
45 (f) may participate in the Risk Management Fund under Section 63A-4-204 ;
46 (g) shall provide a school with information detailing transactions and balances of funds
47 managed for that school;
48 (h) shall, for foundation accounts from which monies are distributed to schools,
49 provide all the schools within a school district information that:
50 (i) details account transactions; and
51 (ii) shows available balances in the accounts; and
52 (i) may not:
53 (i) engage in lobbying activities;
54 (ii) attempt to influence legislation; or
55 (iii) participate in any campaign activity for or against:
56 (A) a political candidate; or
57 (B) an initiative, referendum, proposed constitutional amendment, bond, or any other

58 ballot proposition submitted to the voters.
59 (3) A local school board that establishes a foundation under Subsection (1) shall:
60 (a) require the foundation to:
61 (i) use the school district's accounting system; or
62 (ii) follow written accounting policies established by the board;
63 (b) review and approve the foundation's accounting, purchasing, and check issuance
64 policies to ensure that there is an adequate separation of responsibilities; and
65 (c) approve procedures to verify that issued foundation payments have been properly
66 approved.