53E-3-403. Establishment of public education foundations -- Powers and duties -- Tax exempt status.

369 words·~2 min read·/ut/title-53e/chapter-3/53e-3-403

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/14/2019

(1)The state board, a local school board, or the Utah Schools for the Deaf and the Blind may establish foundations to:

(a)assist in the development and implementation of programs to promote educational excellence; and

(b)assist in the accomplishment of other education-related objectives.

(2)A foundation established under Subsection

(1):

(a)may solicit and receive contributions from private enterprises for the purpose of this section;

(b)shall comply with Title 51, Chapter 7, State Money Management Act , and rules made under the act;

(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

(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.

(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;

(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.

Amended by Chapter 186 , 2019 General Session