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S03339 Summary:

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S03339 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         3339--B
 
                               2015-2016 Regular Sessions
 
                    IN SENATE
 
                                    February 5, 2015
                                       ___________
 
        Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Cultural Affairs, Tourism,
          Parks and Recreation -- committee discharged,  bill  amended,  ordered
          reprinted  as amended and recommitted to said committee -- recommitted
          to the Committee on Cultural Affairs, Tourism, Parks and Recreation in
          accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee
 
        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.  The  arts and cultural affairs law is amended by adding a
     2  new section 3.19 to read as follows:
     3    § 3.19.  Prohibition. The council on the arts shall be prohibited from
     4  issuing grants to an organization unless such organization  is  incorpo-
     5  rated  as  a nonprofit organization either in the state or, if an organ-
     6  ization is incorporated elsewhere, such organization must be  registered
     7  to  do  business  in  the state through the department of state and must
     8  have its principal place of business located  within  the  state.  Grant
     9  recipients  shall  also  be prohibited from using grant funding received
    10  from the council on the arts to fund  components  of  an  organization's
    11  budget  that  are  not  directed  towards programs in the state.   If an
    12  organization is found to have violated this section, they shall  (1)  be
    13  required  to  reimburse  back  to  the  council  on the arts, all monies
    14  received under the particular grant within thirty days or face a fine to
    15  be determined by the department of state, and  (2)  not  be  allowed  to
    16  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.
                                                                   LBD02373-04-6
        S. 3339--B                          2
 
     1  the arts of their subsequent filing of articles  of  incorporation  with
     2  the department of state in New York.
     3    §  2.  This act shall take effect immediately; provided, however, that
     4  this act shall apply only to grants issued on  or  after  the  effective
     5  date  of  this act that are not subject to contracts entered into by the
     6  council on the arts to provide  grants  which  contracts  were  executed
     7  prior to the effective date of this act.