2001 Session

Budget Amendments - SB800 (Committee Approved)

Nonprofit Cultural Organizations (language only)

Item 4-5.14 #1s

Item 4-5.14 #1s

Special Conditions And Restrictions On Expenditures
Nonprofit Cultural Organizations

Page 600, following line 44 insert:
'§4-5.14 Nonprofit Cultural Organizations
a. The accounts of any Nonprofit Cultural Organization, however titled, which receives funds from item 571 of this act, and is not owned or controlled by the Commonwealth of Virginia, shall be subject to audit or shall present an audit acceptable to the Auditor of Public Accounts when so directed by the Governor or the Joint Legislative Audit and Review Commission. The Nonprofit Cultural Organization shall provide for the segregation and accounting of state funds under such rules and regulations as the State Comptroller may prescribe.
b.1. For purposes of this subsection, the definition of "Nonprofit Cultural Organization" is any organization receiving funds from item 571 of this act.
2. Allotment of appropriations to nonprofit cultural organizations shall be made only if the organization
is open to the public or otherwise engaged in activity of public interest, with expenditures having actually been incurred for its operation or; in the case of a newly organizing nonprofit cultural organization, private, local government or federal funds have been received, appropriated or pledged.
3. No allotment of appropriations shall be made to a
nonprofit cultural organization until such organization has certified to the Department of Historic Resources that cash or in-kind contributions are on hand and available to match equally all or any part of an appropriation which may be provided by the General Assembly, unless the organization is specifically exempted from this requirement by language in this act. Such matching funds shall not have been previously used to meet the match requirement in any prior appropriation act.
4. Unless specifically exempted by language in this act, operating appropriations in excess of $100,000 shall be disbursed to
nonprofit cultural organizations in twelve or fewer equal monthly installments depending on when the first payment is made within the fiscal year.
5. The provisions of §11-35 I, Code of Virginia shall apply to any expenditure of state appropriations by a
nonprofit cultural organization provided however that, subject to such policies and procedures as shall be promulgated by the Department of Historic Resources, any purchases of goods, services or capital projects already contracted for at the time state funding is received shall be exempt from this provision."

(This amendment clarifies the relationship between the Commonwealth and Nonprofit Cultural Organizations receiving grants under item 571 of this Act.)