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S00975 Summary:

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S00975 Committee Votes:

S00975 Floor Votes:

S00975 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           975
 
                               2017-2018 Regular Sessions
 
                    IN SENATE
 
                                     January 5, 2017
                                       ___________
 
        Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
 
        AN ACT to amend the arts  and  cultural  affairs  law,  in  relation  to
          prohibiting  the New York state council on the arts from awarding arts
          and cultural grants when an organization  has  no  place  of  business
          within  the  state and does not apply awarded monies to New York state
          programs
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 3.19 of the arts and cultural affairs law, as added
     2  by  a chapter of the laws of 2016 amending the arts and cultural affairs
     3  law relating to prohibiting the New York state council on the arts  from
     4  awarding  arts  and cultural grants when an organization has no place of
     5  business within the state and does not apply awarded monies to New  York
     6  state programs as proposed in legislative bills numbers S. 3339-B and A.
     7  3420-B, is amended to read as follows:
     8    § 3.19. Prohibition. 1. (a) The council on the arts shall be prohibit-
     9  ed  from [issuing] awarding grants to an organization unless such organ-
    10  ization is incorporated as a nonprofit organization either in the  state
    11  or, if an organization is incorporated elsewhere, such organization must
    12  be  registered  to  do  business  in the state through the department of
    13  state and must have its principal place of business located  within  the
    14  state. [Grant recipients shall also be prohibited from using grant fund-
    15  ing  received  from  the  council  on  the arts to fund components of an
    16  organization's budget that are not  directed  towards  programs  in  the
    17  state.   If an organization is found to have violated this section, they
    18  shall (1) be required to reimburse back to the council on the arts,  all
    19  monies  received under the particular grant within thirty days or face a
    20  fine to be determined by the department of state, and (2) not be allowed
    21  to reapply for future funding until they provide proof to the council on

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07072-01-7
        S. 975                              2

     1  the arts of their subsequent filing of articles  of  incorporation  with
     2  the department of state in New York.]
     3    (b)  Any  organization applying for grant funding shall provide to the
     4  council on the arts documentation  demonstrating  compliance  with  this
     5  provision. Any applicant which fails to provide such documentation shall
     6  be  deemed  ineligible to receive grant funding under this article. Such
     7  documentation shall be considered valid for a period of two  years  from
     8  the  date  it was provided or until the organization undertakes a change
     9  in status, whichever occurs sooner.
    10    (c) Any organization that is incorporated elsewhere but registered  to
    11  do business in the state, when applying for grant funding, shall certify
    12  to  the  council  on  the arts as part of its grant application that its
    13  principal place of business is located within the state.  Any  applicant
    14  which  fails to provide such certification shall be deemed ineligible to
    15  receive grant funding under this article.
    16    (d) Any applicant which fails to demonstrate that grant funds  are  to
    17  be  used  toward  programs  in  the  state shall be deemed ineligible to
    18  receive grant funding under this article.  Any organization, when apply-
    19  ing for grant funding, shall provide in its grant application  materials
    20  documentation demonstrating compliance with this provision.
    21    §  2.  This  act  shall  take  effect on the same date and in the same
    22  manner as a chapter of the laws of 2016 amending the arts  and  cultural
    23  affairs  law  relating  to prohibiting the New York state council on the
    24  arts from awarding arts and cultural grants when an organization has  no
    25  place  of business within the state and does not apply awarded monies to
    26  New York  state  programs  as  proposed  in  legislative  bills  numbers
    27  S.3339-B and A. 3420-B takes effect.