53E-3-403. Establishment of public education foundations — Powers and duties — Tax exempt status.
| (1) |
The state board, a local school board, or the Utah Schools for the Deaf and the Blind may establish foundations to:
Terms Used In Utah Code 53E-3-403- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- Local school board: means a board elected under 2. See Utah Code 53E-1-102
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- State board: means the State Board of Education. See Utah Code 53E-1-102
| (a) |
assist in the development and implementation of programs to promote educational excellence; and |
| (b) |
assist in the accomplishment of other education-related objectives. |
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| (2) |
A foundation established under Subsection (1):
| (a) |
may solicit and receive contributions from private enterprises for the purpose of this section; |
| (c) |
has no power or authority to incur contractual obligations or liabilities that constitute a claim against public funds except as provided in this section; |
| (d) |
may not exercise executive, administrative, or rulemaking authority over the programs described in this section, except to the extent specifically authorized by the responsible school board; |
| (e) |
is exempt from all taxes levied by the state or any of its political subdivisions with respect to activities conducted under this section; |
| (f) |
may participate in the Risk Management Fund under Section 63A-4-204; |
| (g) |
shall provide a school with information detailing transactions and balances of funds managed for that school; |
| (h) |
shall, for foundation accounts from which money is distributed to schools, provide all the schools within a school district information that:
| (i) |
details account transactions; and |
| (ii) |
shows available balances in the accounts; and |
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| (i) |
may not:
| (i) |
engage in lobbying activities; |
| (ii) |
attempt to influence legislation; or |
| (iii) |
participate in any campaign activity for or against:
| (A) |
a political candidate; or |
| (B) |
an initiative, referendum, proposed constitutional amendment, bond, or any other ballot proposition submitted to the voters. |
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| (3) |
A local school board that establishes a foundation under Subsection (1) shall:
| (a) |
require the foundation to:
| (i) |
use the school district’s accounting system; or |
| (ii) |
follow written accounting policies established by the local school board; |
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| (b) |
review and approve the foundation’s accounting, purchasing, and check issuance policies to ensure that there is an adequate separation of responsibilities; and |
| (c) |
approve procedures to verify that issued foundation payments have been properly approved. |
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Amended by Chapter 186, 2019 General Session
