S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3892--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2017
                                ___________
 
 Introduced  by  M.  of  A.  TITONE, LUPARDO, THIELE, SCHIMMINGER, ENGLE-
   BRIGHT, FAHY, McDONALD,  WALTER,  RAIA,  SEAWRIGHT,  COOK,  GOTTFRIED,
   BLAKE,  JOYNER,  OTIS,  CRESPO,  ABBATE, CUSICK, JAFFEE, LAWRENCE, RA,
   CROUCH,  WOERNER,   PHEFFER AMATO,   ORTIZ,   L. ROSENTHAL,   SOLAGES,
   DE LA ROSA, WALSH, WALKER, GUNTHER, JEAN-PIERRE, HARRIS, LIFTON, NIOU,
   MORINELLO,   MURRAY,  HYNDMAN,  D'URSO,  SKOUFIS,  RODRIGUEZ,  CAHILL,
   BARRETT -- Multi-Sponsored by -- M.   of A.  FRIEND,  GIGLIO,  HAWLEY,
   MAGEE,  McDONOUGH,  B. MILLER, M. L. MILLER, SIMON, STEC, STECK, WEIN-
   STEIN -- read once and referred to the Committee  on  Tourism,  Parks,
   Arts  and Sports Development -- reported and referred to the Committee
   on Ways and Means -- recommitted to the Committee on Ways and Means in
   accordance with Assembly Rule 3, sec. 2 -- 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
   providing  educational  services  aid  to eligible museums, historical
   societies and other cultural institutions chartered by  the  board  of
   regents for the provision of curriculum-based educational programs for
   students  and  teachers  in grades pre-kindergarten through twelve and
   adults enrolled in continuing education programs in low-income  urban,
   suburban and rural communities
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Statement of legislative findings and intent. The  legisla-
 ture  finds  and  declares  that  the state of New York has the greatest
 museums, historical societies, zoos, botanical  gardens,  aquariums  and
 cultural  arts  institutions in the United States, and that these organ-
 izations are major tourism and economic drivers with a wealth of ways to
 engage children and adults and instill in them a lasting love of  learn-
 ing.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00484-03-8
              

 A. 3892--A                          2
 
   The legislature finds and declares that museums, historical societies,
 zoos,  botanical  gardens,  aquariums  and  cultural  arts  institutions
 attract millions of visitors each year  and  provide  vitally  important
 instructional  services  to  the  schoolchildren of this state, and that
 children,  in grades pre-kindergarten through twelve and adults enrolled
 in continuing education programs should have broad and equal  access  to
 such services.
   The  legislature  finds that over 1,500 museums, historical societies,
 zoos, botanical gardens, aquariums and  cultural  arts  institutions  in
 this  state  now  provide  instruction to over six million children, and
 that these institutions now receive no direct state support to initiate,
 expand and enhance these educational services through access  to  museum
 collections, scholarship and virtual learning.
   The  legislature  finds that students living in low-income communities
 in urban, suburban, or rural settings benefit from having access to  the
 type of learning provided by museums, historical societies, zoos, botan-
 ical gardens, aquariums and cultural arts institutions and that fair and
 equal access to these types of institutions will provide enhanced learn-
 ing opportunities to these students.
   The legislature finds that museums, historical societies, zoos, botan-
 ical gardens, aquariums and cultural arts institutions, in collaboration
 with  teachers  and  schools,  must  design  new  and  innovative museum
 programs to address  such  pressing  issues  as  science,  anthropology,
 history and arts literacy, and under-resourced schools.
   It  is  the intent of the legislature that the state provide financial
 assistance to museums, zoos,  botanical  gardens,  aquariums  and  other
 cultural  institutions  located  in  low-income urban, suburban or rural
 communities, so that these major tourist attractions  can  extend  their
 uniquely  valuable  educational  resources  to the children and lifelong
 learners of the state, especially those in low-income urban, suburban or
 rural communities, or that provide educational services to students from
 such communities.
   § 2. Short title. This act shall be known and  may  be  cited  as  the
 "museum education act".
   §  3.  The  arts  and  cultural affairs law is amended by adding a new
 section 61.15 to read as follows:
   § 61.15. EDUCATION GRANTS FOR MUSEUMS. 1. THE COMMISSIONER  OF  EDUCA-
 TION  SHALL  DEVELOP  AND  IMPLEMENT,  WITH  CONSULTATION AND INPUT FROM
 REPRESENTATIVES FROM THE MUSEUM AND CULTURAL  INSTITUTION  COMMUNITY,  A
 MUSEUM  AND  CULTURAL  ORGANIZATION  EDUCATION  GRANT PROGRAM, AND SHALL
 AWARD, WITHIN THE AMOUNTS APPROPRIATED FROM THE GENERAL  FUND  FOR  SUCH
 PURPOSE,  COMPETITIVE  GRANTS  IN  ACCORDANCE  WITH THIS SECTION FOR THE
 PURPOSES OF ESTABLISHING OR IMPROVING EDUCATION PROGRAMS IN MUSEUMS  AND
 CULTURAL ORGANIZATIONS DESIGNED TO IMPROVE STUDENT PERFORMANCE IN PUBLIC
 AND  NONPUBLIC  ELEMENTARY,  MIDDLE  AND  SECONDARY SCHOOLS. SUCH GRANTS
 SHALL BE EXPENDED TO SUPPORT THE PRODUCTION OF CURRICULA, ACQUISITION OF
 SPECIALIZED EDUCATIONAL OR INTERPRETIVE SKILLS, ACQUISITION  AND  IMPLE-
 MENTATION  OF  TECHNOLOGY,  AND PREPARATION OF SPECIALIZED EXHIBITION OR
 PUBLIC PROGRAMS THAT ARE TAILORED TO ELEMENTARY,  MIDDLE  AND  SECONDARY
 SCHOOL  STUDENTS;  THE  DEVELOPMENT AND DELIVERY OF CONTINUING EDUCATION
 PROGRAMS; PROVISION OF STUDENT TRANSPORTATION; AND OTHER  PROGRAMS  THAT
 SUPPORT  THE  DEVELOPMENT  AND  DELIVERY OF CURRICULUM-BASED PROGRAMS IN
 MUSEUMS WITH COLLECTIONS.
   2. AS USED IN THIS SECTION, "ELIGIBLE INSTITUTION" SHALL MEAN:  (A)  A
 NONPROFIT  INSTITUTION  CHARTERED  BY THE BOARD OF REGENTS, OR OTHERWISE
 INCORPORATED AS A MUSEUM, HISTORICAL SOCIETY, NATURE CENTER, ZOO, BOTAN-

 A. 3892--A                          3

 ICAL GARDEN, ARBORETUM, AQUARIUM OR OTHER  CULTURAL  EDUCATION  INSTITU-
 TION,  OR A PRIVATELY OR MUNICIPALLY OPERATED INSTITUTION THAT MEETS THE
 APPLICABLE REGISTRATION STANDARDS ESTABLISHED BY THE  BOARD  OF  REGENTS
 FOR  MUSEUMS  OR  HISTORICAL  SOCIETIES  WITH  COLLECTIONS,  AND THAT IS
 LOCATED IN A LOW-INCOME URBAN, SUBURBAN OR RURAL COMMUNITY  OR  PROVIDES
 EDUCATIONAL  SERVICES  TO  STUDENTS  AND  ADULT LEARNERS FROM LOW-INCOME
 URBAN, SUBURBAN OR RURAL COMMUNITIES; OR
   (B) A PRIVATE NOT-FOR-PROFIT COMMUNITY BASED  ORGANIZATION,  INCLUDING
 AN  INCORPORATED INSTITUTION THE SOLE OR PRIMARY PURPOSE OF WHICH IS THE
 SUPPORT OF MUSEUMS, HISTORIC SITES OR HISTORICAL SOCIETIES LOCATED IN  A
 LOW-INCOME  URBAN,  SUBURBAN  OR RURAL COMMUNITY OR THAT PROVIDES EDUCA-
 TIONAL SERVICES TO STUDENTS AND ADULT LEARNERS  FROM  LOW-INCOME  URBAN,
 SUBURBAN  OR  RURAL  COMMUNITIES;  EXCEPT  THAT INSTITUTIONS OPERATED BY
 STATE OR FEDERAL GOVERNMENT AGENCIES SHALL NOT  BE  CONSIDERED  ELIGIBLE
 UNDER THIS SECTION.
   3. THE GOVERNING BODY OR OFFICER OF AN ELIGIBLE INSTITUTION REQUESTING
 A  GRANT  PURSUANT  TO  THIS SECTION SHALL SUBMIT AN APPLICATION AT SUCH
 TIME, IN SUCH FORM AND CONTAINING SUCH INFORMATION, AS THE  COMMISSIONER
 OF EDUCATION MAY REQUIRE. SUCH COMMISSIONER SHALL ESTABLISH THE CRITERIA
 AND STANDARDS BY WHICH APPLICATIONS FOR GRANTS TO BE AWARDED PURSUANT TO
 THIS SECTION WILL BE EVALUATED AND GRANTS MADE TO ELIGIBLE INSTITUTIONS.
 THE  COMMISSIONER  OF  EDUCATION IS AUTHORIZED TO PROMULGATE REGULATIONS
 FOR THE DEVELOPMENT AND SUBMISSION OF APPLICATIONS  FOR  COOPERATIVE  OR
 COLLABORATIVE  GRANTS,  PROVIDED THAT A SINGLE INSTITUTION SERVES AS THE
 APPLICANT FOR SUCH A GRANT AND FOR MULTI-YEAR GRANTS.
   4. THE COMMISSIONER OF EDUCATION SHALL AWARD GRANTS, SUBJECT TO AVAIL-
 ABLE APPROPRIATIONS, IN AN AMOUNT NOT TO EXCEED THE ALLOWABLE  COSTS  OF
 THE  ELIGIBLE  INSTITUTION  AS DETERMINED BY SUCH COMMISSIONER, PROVIDED
 THAT THE ALLOWABLE COSTS FOR MUSEUM EDUCATION GRANTS  SHALL  NOT  EXCEED
 FIVE  HUNDRED  THOUSAND  DOLLARS  PER YEAR FOR A MAXIMUM OF THREE YEARS.
 ALLOWABLE COSTS SHALL INCLUDE, BUT NEED NOT BE LIMITED TO,  THE  REASON-
 ABLE  COST OF SALARIES AND FRINGE BENEFITS, MATERIALS AND EQUIPMENT. THE
 COMMISSIONER OF  EDUCATION  SHALL  ALLOCATE  A  MINIMUM  OF  TWENTY-FIVE
 PERCENT  OF  THE  AMOUNT APPROPRIATED FOR SUCH GRANTS TO AWARD TO INSTI-
 TUTIONS WITH AN OPERATING BUDGET OF BETWEEN TEN THOUSAND DOLLARS AND ONE
 HUNDRED FIFTY THOUSAND DOLLARS PER YEAR. THE COMMISSIONER  OF  EDUCATION
 SHALL  ALLOCATE A MINIMUM OF TWENTY-FIVE PERCENT OF THE AMOUNT APPROPRI-
 ATED FOR SUCH GRANTS TO AWARD TO INSTITUTIONS WITH AN  OPERATING  BUDGET
 OF BETWEEN ONE HUNDRED FIFTY THOUSAND ONE DOLLARS AND FIVE HUNDRED THOU-
 SAND  DOLLARS  PER  YEAR.  THE COMMISSIONER OF EDUCATION WILL ALLOCATE A
 MINIMUM OF TWENTY-FIVE PERCENT  OF  THE  AMOUNT  APPROPRIATED  FOR  SUCH
 GRANTS TO AWARD TO INSTITUTIONS WITH AN OPERATING BUDGET OF BETWEEN FIVE
 HUNDRED  THOUSAND  ONE  DOLLARS  AND  ONE  MILLION DOLLARS PER YEAR. THE
 COMMISSIONER OF  EDUCATION  SHALL  ALLOCATE  A  MINIMUM  OF  TWENTY-FIVE
 PERCENT  OF  THE  AMOUNT APPROPRIATED FOR SUCH GRANTS TO AWARD TO INSTI-
 TUTIONS WITH AN OPERATING BUDGET IN EXCESS OF ONE  MILLION  DOLLARS  PER
 YEAR.
   5.  ON OR BEFORE MARCH FIFTEENTH, TWO THOUSAND TWENTY AND ON OR BEFORE
 MARCH FIRST OF EACH YEAR THEREAFTER, THE COMMISSIONER OF EDUCATION SHALL
 SUBMIT TO THE CHAIRS OF THE SENATE FINANCE AND  THE  ASSEMBLY  WAYS  AND
 MEANS COMMITTEES, AND THE DIRECTOR OF THE BUDGET, A REPORT DETAILING THE
 IMPLEMENTATION  OF THE PROVISIONS OF THIS SECTION, THE EXTENT OF PARTIC-
 IPATION BY ELIGIBLE  INSTITUTIONS,  THE  RELATIONSHIP  OF  THE  PROGRAMS
 PROVIDED TO SCHOOL CURRICULA, AND THE GEOGRAPHIC DISPERSION OF FUNDS AND
 PARTICIPATING INSTITUTIONS.

 A. 3892--A                          4
 
   §  4. This act shall take effect one year after it shall have become a
 law.