Pennsylvania Act 1965-538 — CREATING THE PENNSYLVANIA COUNCIL ON THE ARTS

Act text

CREATING THE PENNSYLVANIA COUNCIL ON THE ARTS
             Act of Jan. 25, (1966) 1965, P.L. 1542, No. 538          Cl. 71
                                  AN ACT

     Creating a Commonwealth of Pennsylvania Council on the Arts, for
        the encouragement and development of the various arts, and
        making an appropriation therefor.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  There is hereby created in the State of
     Pennsylvania, the Commonwealth of Pennsylvania Council on the
     Arts. The council shall be responsible directly to the Governor.
     The council shall consist of fifteen members who shall be
     appointed by the Governor by and with the advice and consent of
     two-thirds of all the members of the Senate. The members of the
     council shall be broadly representative of all fields of the
     performing and visual arts and shall be appointed from among
     private citizens who are widely known for their competence and
     experience in connection with the performing and visual arts.
        Two members of the Senate, one of the majority party and one
     of the minority party of that body, appointed by the President
     Pro Tempore of the Senate and two members of the House of
     Representatives, one of the majority party and one of the
     minority party of that body, appointed by the Speaker, shall be
     voting members of the council and shall meet with, and
     participate in, the work of the council. The members of the
     Legislature appointed to the council shall serve at the pleasure
     of the appointing power, but not beyond their term of office in
     the General Assembly. For the purposes of this act, such members
     of the Legislature shall constitute a joint interim legislative
     committee on the subject of this act.
        Section 2.  (a) In addition to the legislative members five
     members of the council shall be appointed to serve until July 1,
     1966; five members shall be appointed to serve until July 1,
     1967; and five members shall be appointed to serve until July 1,
     1968. Thereafter, all members shall be appointed for a term of
     three years. All members shall hold office until their
     successors have been appointed and qualified. Any vacancies
     other than legislative members shall be immediately filled by
     the Governor for the unexpired portion of the term in which they
     occur. Vacancies among the legislative members shall be filled
     by the appointing power which made the appointment to the office
     in which the vacancy exists. No member of the council shall be
     eligible for reappointment during a one-year period following
     the expiration of his second successive term.
        (b)  Members of the Commonwealth of Pennsylvania Council on
     the Arts shall serve without compensation, but each member shall
     be reimbursed for his necessary traveling and other expenses
     incurred in the performance of his official duties.
        (c)  The Governor shall appoint a chairman and vice chairman
     of the council to serve at his pleasure.
        Section 3.  All meetings of the council shall be open and
     public and all persons shall be permitted to attend any meetings
     of the council.
        Section 4.  The council shall have the powers and authority
     necessary to carry out the duties imposed upon it by this act
     including the power, but not limited to the following:
        (1)  To adopt rules and regulations necessary for proper
     execution of the powers and duties granted to and imposed upon
     the council by this act.
        (2)  To employe such administrative, technical and other
     personnel as may be necessary for the performance of its powers
     and duties.
        (3)  To fix the salaries of the personnel employed pursuant
     to this section.
        (4)  To hold hearings, make and sign any agreements and to do
     or perform any acts which may be necessary, desirable or proper
     to carry out the purposes of this act.
        (5)  To request from any department, board, bureau,
     commission, or other agency of the State such assistance and
     data as will enable it properly to carry out its powers and
     duties hereunder.
        (6)  To appoint such advisory committees as it deems
     advisable and necessary to the carrying out of its powers and
     duties hereunder.
        (7)  To accept any Federal funds granted, by act of Congress
     or by executive order, for all or any of the purposes of this
     act.
        (8)  To accept any gifts, donations, or bequests for all or
     any of the purposes of this act.
        Section 5.  The council shall:
        (1)  Make a comprehensive survey of public and private
     institutions engaged within the State in artistic and cultural
     activities, including but not limited to music, theater, dance,
     painting, sculpture, architecture and allied arts and crafts and
     of such other cultural resources in the State as are
     contemplated by this act.
        (2)  Determine the legitimate needs an aspirations culturally
     and artistically of our citizens in all parts of the State.
        (3)  Ascertain how these resources, including those already
     in existence and those which should be brought to existence, are
     to serve the cultural needs and aspirations of the citizens of
     the State.
        (4)  Assist the communities within the State in originating
     and creating their own cultural and artistic programs.
        (5)  Submit a report to the Governor and to the Legislature
     not later than ten calendar days following the commencement of
     each regular session of the Legislature concerning such studies
     it has made and such actions it has taken and recommending such
     legislation and other action as is necessary for the
     implementation and enforcement of this act. The council shall
     submit a first report to the Governor and the Legislature at the
     1966 regular session.
        Section 6.  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
     heretofore created under the laws of this Commonwealth.
        Section 7.  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.
        Section 8.  The sum of twenty-five thousand dollars ($25,000)
     is hereby appropriated for the expenses of the council.
        Section 9.  This act shall take effect immediately.