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CHAPTER 264 An Act to amend and reenact §§ 23.1-3223, 23.1-3224, and 23.1-3227 of the Code of Virginia, relating to public institutions of higher education; museums and other cultural institutions; Virginia Commission for the Arts; revisions. [H 1108] Approved April 6, 2026 Be it enacted by the General Assembly of Virginia: 1. That §§ 23.1-3223, 23.1-3224, and 23.1-3227 of the Code of Virginia are amended and reenacted as follows: § 23.1-3223. Duties of the Commission. A. The Commission shall: 1. Stimulate, fund, and encourage throughout the Commonwealth growth in artistic quality and excellence, public interest and participation in the arts, and access to high-quality and affordable literary, visual, and performing arts for all Virginians; 2. Make recommendations [concerning] [appropriate] [methods] to [encourage] improve the economic [viability], [an] [intellectually] [stimulating] [environment] intellectual, and participatory environments for [artists,] [and] [participation] [in] [and] [appreciation] [of] the arts [to] [meet] [the] [legitimate] [needs] [and] [aspirations] [of] [persons] in [all] [parts] [of] the Commonwealth; 3. [Promote] [the] [development] [and] [implementation] [of] [a] [planned,] [sequential,] [and] [comprehensive] [program] [of] Support supplemental arts education programs, [taught] [by] [licensed] [teachers] [endorsed] [in] [arts] [education] including performances and workshops, in the public elementary and secondary schools of the Commonwealth; 4. [Provide] [supplemental] [learning] [opportunities] [to] [the] [public] [school] [arts] [education] [curriculum;] [5.] [Encourage] [the] [development] [of] Develop a network of [professional] arts professionals, including presenters, arts organizations, and the media, [and] [arts] [promoters] [for] [the] [production] [of] [classical] [and] [new] [works] [of] [art] [and] [diversity] [in] [artistic] [expressions] [in] [media] [including] [the] [literary,] [visual,] [and] [performing] [arts] that reflects a variety of artistic disciplines and backgrounds; [6.] 5. Provide funding for and [technical] assistance to artists, recognized nonprofit [arts] organizations, localities, and arts organizations and activities that celebrate and preserve the various cultures [represented] [among] [the] [citizens] [of] in the Commonwealth; [7.] 6. Encourage and support arts organizations in the creation of new works of art[,] [arts] [organizations] [whose] [primary] [objective] [is] [to] [increase] [public] [access] [to] [the] [arts,] [particularly] [in] [underserved] [areas,] [and] [performing] [arts] [tours] [to] [increase] [the] [availability] [of] [this] [form] [of] [artistic] [expression] and the expansion of access to these works throughout the Commonwealth; [8.] 7. Establish a program [of] [financial] [assistance] to provide [scholarships,] grants[,] and other awards to artists who demonstrate exceptional ability and talent; [9.] 8. Establish an advisory panel composed of artists, arts administrators, and citizens to advise the Commission [concerning] [fiscal] [matters] as needed; [10.] 9. Encourage arts organizations to [dedicate] [to] [their] [endowments] [at] [least] [$1] [of] [the] [price] [of] [each] [adult] [admission] [to] [performances] [or] [exhibitions] [or] [at] [least] [one] [percent] [of] [moneys] [collected] [in] [fund] [campaigns;] [11.] [Encourage] [arts] [organizations] [to] develop and implement plans for long-term fiscal sustainability, including financial management and control capabilities, endowment enlargement plans [that] [yield] [enough] [income] [to] [underwrite] [one-third] [of] [the] [organizations'] [annual] [operating] [costs], and fundraising from nongovernmental sources; [12.] 10. Apply to and enter into contracts and agreements with the United States or any appropriate agency or officer of the United States for participation in or receipt of funding from any federal program respecting the arts; [13.] 11. Provide incentives to local governing bodies to encourage public support and funding of the arts; [14.] 12. Accept, hold, and administer gifts, contributions, and bequests of money or any other thing to be used for carrying out the purposes of this article; [15.] 13. Develop specific procedures for the administration and implementation of a grantmaking program, so long as any such program is for the benefit of a nonprofit organization qualifying as a § 501(c)(3) organization under the Internal Revenue Code and prepare written guidelines to govern such program; [16.] 14. Administer any funds available to the Commission and disburse such funds in accordance with the purposes of this article; [17.] 15. Make expenditures from the Fund's interest and income to promote the arts in the Commonwealth in accordance with § 23.1-3228 [and] [assist] [nonprofit] [arts] [and] [cultural] [institutions] [and] [organizations] [in] [the] [Commonwealth] [to] [assess,] [enhance,] [and] [plan] [for] [enhancement] [of] [their] [fiscal] [stability,] [financial] [management] [and] [control] [capabilities,] [and] [capacity] [to] [raise] [funds] [for] [the] [furtherance] [of] [their] [respective] [missions] [from] [nongovernmental] [sources]; [18.] 16. Enter into contracts and execute all instruments necessary and appropriate to carry out the Commission's purposes; [19.] 17. Explore and make recommendations concerning other possible dedicated revenue sources for the Fund; and [20.] 18. Perform any lawful acts necessary or appropriate to carry out the purposes of the Commission. B. Nothing in this article shall be construed to affect the statutory purposes of the Virginia Museum of Fine Arts. § 23.1-3224. Executive Director of the Commission. The Governor [may] shall appoint [a] an executive director of the Commission, who shall serve at the pleasure of the Governor. The executive director may employ the personnel required to assist the Commission in the exercise and performance of its powers and duties. The executive director shall supervise and manage such personnel and shall prepare, approve, and submit all requests for appropriations and be responsible for all expenditures pursuant to appropriations, including all appropriations made to the Virginia Commission for the Arts Fund established pursuant to § 23.1-3227. § 23.1-3227. Virginia Commission for the Arts Fund. A. There is created in the state treasury a special nonreverting fund to be known as the Virginia Commission for the Arts Fund, referred to in this article as "the Fund." The Fund shall be established on the books of the Comptroller. B. The Fund shall include such funds as may be appropriated by the General Assembly; revenues transferred to the Fund from the special license plates for Virginians for the Arts program pursuant to § 46.2-749.2:2; voluntary contributions collected through the income tax checkoff for the arts pursuant to subdivision B 8 of § 58.1-344.3; and designated gifts, contributions, and bequests of money, securities, or property of any other character. C. All money, securities, or other property designated for the Fund shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys in the Fund shall be used solely for the purposes of supporting initiatives relating to the duties of the Commission set forth in § 23.1-3223. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by persons authorized by the [Commission] executive director of the Commission. The Fund's principal is not subject to expenditure by the Commission.
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