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.