Section § 8750

Explanation

This law highlights that art enhances life in California and recognizes the importance of encouraging and supporting artistic skills, as they come from human creativity and contribute to the well-being of all residents.

The Legislature perceives that life in California is enriched by art.
The source of art is in the natural flow of the human mind. Realizing craft and beauty is demanding, however, the people of the state desire to encourage and nourish these skills wherever they occur, to the benefit of all.

Section § 8751

Explanation

This law establishes an Arts Council in California's state government, made up of 11 members. Two members are appointed by legislative bodies, and the other nine by the Governor, who must consider input from arts organizations. The Governor's appointments must be confirmed by the Senate.

The members serve staggered terms: five for four years, four for three years, and two for two years. These terms are set by drawing lots. Previous council members can be reappointed unless they've already served more than four consecutive years.

Each January, the council picks a chairperson. Members earn $100 per meeting and are reimbursed for necessary travel and other official expenses.

(a)CA Government Code § 8751(a) There is in the state government an Arts Council which shall be composed of 11 members. On or before January 10, 1979, the Speaker of the Assembly and the Senate Rules Committee shall each appoint one member to represent the general public. Prior to appointing the remaining nine members, the Governor shall request and consider recommendations from organizations representing the arts community and when making his appointments shall give consideration to the various arts disciplines and ethnic and geographic parts of the state. All appointments made to the council by the Governor shall be subject to confirmation by the Senate.
(b)CA Government Code § 8751(b) Five of the eleven members shall hold office for four years, four shall hold office for three years, and two shall hold office for two years. Terms of office shall be determined by lot at the first meeting of the council after January 1, 1979.
(c)CA Government Code § 8751(c) Nothing in this section shall prevent the reappointment or replacement of any individual presently serving on the existing Arts Council unless such person has already served for more than four consecutive years as a member of the California Arts Council or Arts Commission.
(d)CA Government Code § 8751(d) In January of each year, the members of the council shall select a chairperson. Members of the council shall receive one hundred dollars ($100) per meeting and shall be reimbursed for necessary traveling and other expenses incurred in the performance of official duties.

Section § 8751.5

Explanation

This law states that if a council member is connected to an arts organization applying for a grant, they must not discuss the application with other council members or advisory panel members. Additionally, they must not be present during the consideration of the grant application.

If any member of the council is an employee, member, director, or officer of any arts organization that has applied to the council for a grant, such member shall not communicate with any other member of the council or any member of an advisory panel regarding such grant application and such member shall not be present when such is considered by the council or panel.

Section § 8752

Explanation

The council can meet up to eight times a year when the chairperson calls for it. Typically, meetings require at least eight days of public notice unless there's an urgent reason not to. These meetings should take place in different locations around the state to invite varied participation.

The council shall meet at the call of the chairperson no more than eight times each calendar year. Unless there are extraordinary circumstances, all meetings are to be preceded by at least eight days public notice, and shall be held in various places throughout the state so as to encourage broad and diverse attendance.

Section § 8753

Explanation

This California statute outlines the responsibilities and powers of a council focused on the arts. The council encourages participation and creativity in the arts, supports local art programs, and promotes employment for artists. It also arranges for artwork exhibitions in public buildings and collaborates with state agencies to maximize artistic expression. The council can adopt necessary regulations, hire personnel, and set salaries comparable to state standards. It can form advisory committees and gather assistance and data from state agencies. The council is also empowered to hold hearings, enter into agreements, and accept funding, including federal grants and private contributions. It establishes grant criteria, awards prizes, and can appoint peer review panels for guidance.

The council shall:
(a)CA Government Code § 8753(a) Encourage artistic awareness, participation and expression.
(b)CA Government Code § 8753(b) Help independent local groups develop their own art programs.
(c)CA Government Code § 8753(c) Promote the employment of artists and those skilled in crafts in both the public and private sector.
(d)CA Government Code § 8753(d) Provide for the exhibition of art works in public buildings throughout California.
(e)CA Government Code § 8753(e) Enlist the aid of all state agencies in the task of ensuring the fullest expression of our artistic potential.
(f)CA Government Code § 8753(f) Adopt regulations in accordance with the provisions of the Administrative Procedure Act necessary for proper execution of the powers and duties granted to the council by this chapter.
(g)CA Government Code § 8753(g) Employ such administrative, technical, and other personnel as may be necessary.
(h)CA Government Code § 8753(h) Fix the salaries of the personnel employed pursuant to this chapter which salaries shall be fixed as nearly as possible to conform to the salaries established by the State Personnel Board for classes of positions in the state civil service involving comparable duties and responsibilities.
(i)CA Government Code § 8753(i) Appoint advisory committees whenever necessary. Members of an advisory committee shall serve without compensation, but each may be reimbursed for necessary traveling and other expenses incurred in the performance of official duties.
(j)CA Government Code § 8753(j) Request and obtain from any department, division, board, bureau, commission, or other agency of the state such assistance and data as will enable it properly to carry on its power and duties.
(k)CA Government Code § 8753(k) Hold hearings, execute agreements, and perform any acts necessary and proper to carry out the purposes of this chapter.
(l)CA Government Code § 8753(l) Accept federal grants, for any of the purposes of this chapter.
(m)CA Government Code § 8753(m) Accept only unrestricted gifts, donations, bequests, or grants of funds from private sources and public agencies, for any of the purposes of this chapter. However, the council shall give careful consideration to any donor requests concerning specific dispositions.
(n)CA Government Code § 8753(n) Establish grant application criteria and procedure.
(o)CA Government Code § 8753(o) Award prizes or direct grants to individuals or organizations in accordance with such regulations as the council may prescribe. In awarding prizes or directing grants, the council shall notify the offices of the legislators in whose district the recipient resides.
(p)CA Government Code § 8753(p) Have the authority to appoint peer review panels whenever necessary. Each member of a peer review panel may, at the discretion of the council, receive a per diem and honorarium for each day of service and be reimbursed for necessary travel and other expenses incurred in the performance of official duties.

Section § 8753.5

Explanation

This law states that the council can only give grants or fund programs that are specifically created under the powers given by this chapter or according to the California Creative Workforce Act of 2021.

The council shall not make any grants or fund any program which has not been established pursuant to the powers granted by this chapter or the California Creative Workforce Act of 2021 (Article 4 (commencing with Section 14240) of Chapter 4 of Division 7 of the Unemployment Insurance Code).

Section § 8753.6

Explanation

This section establishes the California Arts Council Contribution and Donations Fund in the State Treasury. The money in this fund is allocated to the Arts Council without restrictions based on fiscal years, meaning they can use it anytime for their purposes. Additionally, funds from a specific donations account are transferred into this new fund.

(a)CA Government Code § 8753.6(a) The California Arts Council Contribution and Donations Fund is hereby created in the State Treasury to receive funds pursuant to subdivision (m) of Section 8753. Notwithstanding Section 13340, the moneys in the fund are continuously appropriated, without regard to fiscal years, to the Arts Council for the purposes of this chapter.
(b)CA Government Code § 8753.6(b) Any moneys in the Art Council Donations Account in the Special Deposit Fund shall be transferred to the California Arts Council Contribution and Donations Fund.

Section § 8754

Explanation

This section states that the Governor is responsible for appointing a director for the Arts Council. The Arts Council can let the director handle the council's policies.

The director helps implement the council's tasks, manages the hiring and administration of staff, which can include roles like deputy directors, and takes on other tasks as needed by the council.

The Governor shall appoint a director for the Arts Council. The council may delegate to the director the responsibilities for carrying out council policy.
The director shall assist the council in the carrying out of its work, be responsible for the hiring of council staff, including, but not limited to, deputy directors, be responsible for the management and administration of the council staff, and perform other duties as directed by the council.

Section § 8755

Explanation

If the council recommends someone, the Governor can give a special honor to a Californian who has shown outstanding talent and made a unique contribution to the state’s culture or arts.

Upon nomination by the council, the Governor may grant special recognition to any citizen with exceptional talent who has made a unique contribution to the cultural or artistic heritage of the State of California.

Section § 8755.5

Explanation

This law specifies that the main office for the Arts Council must be in Sacramento County. However, if necessary, the council can open additional offices in other parts of the state to effectively perform their duties.

The executive or principal office of the Arts Council shall be located in the County of Sacramento. The council may establish one or more secondary offices in other locations within the state if it determines that such office or offices are needed to properly carry out the provisions of this chapter.

Section § 8756

Explanation

This law states that the official name for the chapter is the Dixon-Zenovich-Maddy California Arts Act of 1975.

This chapter shall be known and may be cited as the Dixon-Zenovich-Maddy California Arts Act of 1975.