NY State Senate Bill 2015-S3339B

Senate Bill S3339B

Signed By Governor

2015-2016 Legislative Session

Relates to prohibiting the New York state council on the arts from awarding arts and cultural grants in certain situations

download bill text pdf

Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 28, 2016	approval memo.15 signed chap.474
Nov 16, 2016	delivered to governor
May 16, 2016	returned to senate passed assembly ordered to third reading cal.584 substituted for a3420b
Mar 08, 2016	referred to tourism, parks, arts and sports development delivered to assembly passed senate
Mar 01, 2016	advanced to third reading
Feb 29, 2016	2nd report cal.
Feb 25, 2016	1st report cal.233
Jan 19, 2016	print number 3339b
Jan 19, 2016	amend and recommit to cultural affairs, tourism, parks and recreation
Jan 06, 2016	referred to cultural affairs, tourism, parks and recreation returned to senate died in assembly
Jun 11, 2015	referred to tourism, parks, arts and sports development delivered to assembly passed senate
Jun 02, 2015	advanced to third reading
Jun 01, 2015	2nd report cal.
May 28, 2015	1st report cal.1039
Mar 09, 2015	print number 3339a
Mar 09, 2015	amend (t) and recommit to cultural affairs, tourism, parks and recreation
Feb 05, 2015	referred to cultural affairs, tourism, parks and recreation

Votes

- Mar 8, 2016 - Floor Vote
  S3339B
  
  61
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Mar 8, 2016
      
      aye (61)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Persaud
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      nay (1)
      
      Perkins
  Jun 11, 2015 - Floor Vote
  S3339B
  
  59
  
  Aye
  
  2
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 11, 2015
      
      aye (59)
      
      Addabbo Jr.
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sampson
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Skelos
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      nay (2)
      
      Montgomery
      
      Perkins
      
      excused (2)
      
      Diaz
      
      Libous
  Feb 25, 2016 - Cultural Affairs, Tourism, Parks And Recreation Committee Vote
  S3339B
  
  13
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Cultural Affairs, Tourism, Parks And Recreation Committee Vote: Feb 25, 2016
      
      aye (13)
      
      Avella
      
      Funke
      
      Griffo
      
      Hoylman-Sigal
      
      Kennedy
      
      Little
      
      Marcellino
      
      Marchione
      
      Persaud
      
      Ritchie
      
      Sanders Jr.
      
      Serino
      
      Serrano
  May 28, 2015 - Cultural Affairs, Tourism, Parks And Recreation Committee Vote
  S3339B
  
  11
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Cultural Affairs, Tourism, Parks And Recreation Committee Vote: May 28, 2015
      
      aye (11)
      
      Avella
      
      Bonacic
      
      Hoylman-Sigal
      
      Kennedy
      
      Little
      
      Marcellino
      
      Marchione
      
      Parker
      
      Ritchie
      
      Serino
      
      Serrano
      
      aye wr (2)
      
      Griffo
      
      Sanders Jr.

Bill Amendments

Original

B (Active)

2015-S3339 - Details

See Assembly Version of this Bill:: A3420
Law Section:: Arts and Cultural Affairs Law
Laws Affected:: Add §3.19, Arts & Cul L
Versions Introduced in 2013-2014 Legislative Session:: S7831, A9295

2015-S3339 - Summary

Relates 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.

2015-S3339 - Sponsor Memo

                                BILL NUMBER:S3339

TITLE OF BILL:

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 already applied for
and/or received grant funding from another state

PURPOSE OR GENERAL IDEA OF BILL:

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 already applied for
and/or received grant funding from another state.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Adds a new section 3.17 to the arts and cultural affairs
law to prohibit organizations from receiving a grant from the New York
State Council on the Arts if it has applied or received a grant from a
different state.

Section 2: Establishes the effective date.

JUSTIFICATION:

The NYSCA is dedicated to furthering the arts culture in New York
State by making vital contributions to several different programs.
NYSCA strives to achieve its mission through its core grant-program.
NYSCA's annual appropriation for grants and operations is received
from the Governor and the New York State Legislature each fiscal year.
NYSCA believes in supporting the rights of all New Yorkers to access
and experience the power of the arts and culture, and the vital
contribution the arts make to the quality of life in New York
communities.

There have been documented instances wherein out of state arts
organizations access NYSCA funding by using P.O. Boxes, or "dummy"
members, within New York to qualify for funding. This legislation will
ensure that the limited funding available through NYSCA goes directly
to New York arts/cultural organizations that actually perform work or
services in New York State.

PRIOR LEGISLATIVE HISTORY:

2014: Referred to Cultural Affairs, Tourism Parks and Recreation/
A9295-A Passed Assembly

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

This act shall take effect immediately.

2015-S3339 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3339

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            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

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  already  applied  for
  and/or received grant funding from another state

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The arts and cultural affairs law is amended  by  adding  a
new section 3.17 to read as follows:
  S 3.17.  PROHIBITION. THE COUNCIL ON THE ARTS SHALL BE PROHIBITED FROM
ISSUING  GRANTS  TO AN ORGANIZATION UNLESS SUCH ORGANIZATION IS INCORPO-
RATED AS A NONPROFIT ORGANIZATION EITHER IN THE STATE OR, IF  AN  ORGAN-
IZATION  IS INCORPORATED ELSEWHERE, SUCH ORGANIZATION MUST BE REGISTERED
TO DO BUSINESS IN THE STATE THROUGH THE DEPARTMENT  OF  STATE  AND  MUST
HAVE  ITS  PRINCIPAL  PLACE  OF BUSINESS LOCATED WITHIN THE STATE. GRANT
RECIPIENTS SHALL ALSO BE PROHIBITED FROM USING  GRANT  FUNDING  RECEIVED
FROM  THE  COUNCIL  ON  THE ARTS TO FUND COMPONENTS OF AN ORGANIZATION'S
BUDGET THAT ARE NOT DIRECTED TOWARDS PROGRAMS IN THE STATE.
  S 2. This act shall take effect immediately; provided,  however,  that
this  act  shall  apply  only to grants issued on or after the effective
date of this act that are not subject to contracts entered into  by  the
council  on  the  arts  to  provide grants which contracts were executed
prior to the effective date of this act.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02373-01-5

2015-S3339A - Details

See Assembly Version of this Bill:: A3420
Law Section:: Arts and Cultural Affairs Law
Laws Affected:: Add §3.19, Arts & Cul L
Versions Introduced in 2013-2014 Legislative Session:: S7831, A9295

2015-S3339A - Summary

2015-S3339A - Sponsor Memo

                                BILL NUMBER:S3339A

TITLE OF BILL:  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

PURPOSE OR GENERAL IDEA OF BILL:

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 already applied for
and/or received grant funding from another state.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Adds a new section 3.17 to the arts and cultural affairs
law to prohibit organizations from receiving a grant from the New York
State Council on the Arts if it has applied or received a grant from a
different state.

Section 2: Establishes the effective date.

JUSTIFICATION:

The NYSCA is dedicated to furthering the arts culture in New York
State by making vital contributions to several different programs.
NYSCA strives to achieve its mission through its core grant-program.
NYSCA's annual appropriation for grants and operations is received
from the Governor and the New York State Legislature each fiscal year.
NYSCA believes in supporting the rights of all New Yorkers to access
and experience the power of the arts and culture, and the vital
contribution the arts make to the quality of life in New York
communities.

There have been documented instances wherein out of state arts
organizations access NYSCA funding by using P.O. Boxes, or "dummy"
members, within New York to qualify for funding. This legislation will
ensure that the limited funding available through NYSCA goes directly
to New York arts/cultural organizations that actually perform work or
services in New York State.

PRIOR LEGISLATIVE HISTORY:

2014: S.7831 Referred to Cultural Affairs, Tourism, Parks and
Recreation / A9295-A Passed Assembly

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

This act shall take effect immediately.

2015-S3339A - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3339--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            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

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:

  Section 1. The arts and cultural affairs law is amended  by  adding  a
new section 3.17 to read as follows:
  S 3.17.  PROHIBITION. THE COUNCIL ON THE ARTS SHALL BE PROHIBITED FROM
ISSUING  GRANTS  TO AN ORGANIZATION UNLESS SUCH ORGANIZATION IS INCORPO-
RATED AS A NONPROFIT ORGANIZATION EITHER IN THE STATE OR, IF  AN  ORGAN-
IZATION  IS INCORPORATED ELSEWHERE, SUCH ORGANIZATION MUST BE REGISTERED
TO DO BUSINESS IN THE STATE THROUGH THE DEPARTMENT  OF  STATE  AND  MUST
HAVE  ITS  PRINCIPAL  PLACE  OF BUSINESS LOCATED WITHIN THE STATE. GRANT
RECIPIENTS SHALL ALSO BE PROHIBITED FROM USING  GRANT  FUNDING  RECEIVED
FROM  THE  COUNCIL  ON  THE ARTS TO FUND COMPONENTS OF AN ORGANIZATION'S
BUDGET THAT ARE NOT DIRECTED TOWARDS PROGRAMS  IN  THE  STATE.    IF  AN
ORGANIZATION  IS  FOUND TO HAVE VIOLATED THIS SECTION, THEY SHALL (1) BE
REQUIRED TO REIMBURSE BACK TO  THE  COUNCIL  ON  THE  ARTS,  ALL  MONIES
RECEIVED UNDER THE PARTICULAR GRANT WITHIN THIRTY DAYS OR FACE A FINE TO
BE  DETERMINED  BY  THE  DEPARTMENT  OF STATE, AND (2) NOT BE ALLOWED TO
REAPPLY FOR FUTURE FUNDING UNTIL THEY PROVIDE PROOF TO  THE  COUNCIL  ON
THE  ARTS  OF  THEIR SUBSEQUENT FILING OF ARTICLES OF INCORPORATION WITH
THE DEPARTMENT OF STATE IN NEW YORK.
  S 2. This act shall take effect immediately; provided,  however,  that
this  act  shall  apply  only to grants issued on or after the effective

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02373-03-5

S. 3339--A                          2

date of this act that are not subject to contracts entered into  by  the
council  on  the  arts  to  provide grants which contracts were executed
prior to the effective date of this act.

2015-S3339B (ACTIVE) - Details

See Assembly Version of this Bill:: A3420
Law Section:: Arts and Cultural Affairs Law
Laws Affected:: Add §3.19, Arts & Cul L
Versions Introduced in 2013-2014 Legislative Session:: S7831, A9295

2015-S3339B (ACTIVE) - Summary

2015-S3339B (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3339B

 TITLE OF BILL :  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

 PURPOSE OR GENERAL IDEA OF BILL :

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 already applied for
and/or received grant funding from another state.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1: Adds a new section 3.19 to the arts and cultural affairs
law to prohibit organizations from receiving a grant from the New York
State Council on the Arts if it has applied or received a grant from a
different state.

Section 2: Establishes the effective date.

 JUSTIFICATION :

The NYSCA is dedicated to furthering the arts culture in New York
State by making vital contributions to several different programs.
NYSCA strives to achieve its mission through its core grant-program.
NYSCA's annual appropriation for grants and operations is received
from the Governor and the New York State Legislature each fiscal year.
NYSCA believes in supporting the rights of all New Yorkers to access
and experience the power of the arts and culture, and the vital
contribution the arts make to the quality of life in New York
communities.

There have been documented instances wherein out of state arts
organizations access NYSCA funding by using P.O. Boxes, or "dummy"
members, within New York to qualify for funding. This legislation will
ensure that the limited funding available through NYSCA goes directly
to New York arts/cultural organizations that actually perform work or
services in New York State.

 PRIOR LEGISLATIVE HISTORY :

2015: S.3339 - Passed Senate / A.3420 - Referred to Tourism
2014: S.7831 Referred Cultural Affairs / A.9295 - Passed Assembly

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S3339B (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3339--B

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            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:

  Section  1.  The  arts and cultural affairs law is amended by adding a
new section 3.19 to read as follows:
  S 3.19.  PROHIBITION. THE COUNCIL ON THE ARTS SHALL BE PROHIBITED FROM
ISSUING GRANTS TO AN ORGANIZATION UNLESS SUCH ORGANIZATION  IS  INCORPO-
RATED  AS  A NONPROFIT ORGANIZATION EITHER IN THE STATE OR, IF AN ORGAN-
IZATION IS INCORPORATED ELSEWHERE, SUCH ORGANIZATION MUST BE  REGISTERED
TO  DO  BUSINESS  IN  THE STATE THROUGH THE DEPARTMENT OF STATE AND MUST
HAVE ITS PRINCIPAL PLACE OF BUSINESS LOCATED  WITHIN  THE  STATE.  GRANT
RECIPIENTS  SHALL  ALSO  BE PROHIBITED FROM USING GRANT FUNDING RECEIVED
FROM THE COUNCIL ON THE ARTS TO FUND  COMPONENTS  OF  AN  ORGANIZATION'S
BUDGET  THAT  ARE  NOT  DIRECTED  TOWARDS PROGRAMS IN THE STATE.   IF AN
ORGANIZATION IS FOUND TO HAVE VIOLATED THIS SECTION, THEY SHALL  (1)  BE
REQUIRED  TO  REIMBURSE  BACK  TO  THE  COUNCIL  ON THE ARTS, ALL MONIES
RECEIVED UNDER THE PARTICULAR GRANT WITHIN THIRTY DAYS OR FACE A FINE TO
BE DETERMINED BY THE DEPARTMENT OF STATE, AND  (2)  NOT  BE  ALLOWED  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.
                                                           LBD02373-04-6

S. 3339--B                          2

THE ARTS OF THEIR SUBSEQUENT FILING OF ARTICLES  OF  INCORPORATION  WITH
THE DEPARTMENT OF STATE IN NEW YORK.
  S  2.  This act shall take effect immediately; provided, however, that
this act shall apply only to grants issued on  or  after  the  effective
date  of  this act that are not subject to contracts entered into by the
council on the arts to provide  grants  which  contracts  were  executed
prior to the effective date of this act.

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