S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1676--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2017
                                ___________
 
 Introduced  by  Sens.  LITTLE, AKSHAR, DeFRANCISCO, FUNKE, MURPHY, ORTT,
   RANZENHOFER, ROBACH, SERRANO, SEWARD -- read twice and ordered  print-
   ed,  and  when  printed  to  be committed to the Committee on Cultural
   Affairs, Tourism, Parks and Recreation -- 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 committee
 
 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.
   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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00484-02-8
              

 S. 1676--A                          2
 
   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-
 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

 S. 1676--A                          3
 
   (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.
   § 4. This act shall take effect one year after it shall have become  a
 law.