NY State Senate Bill 2017-S975

Senate Bill S975

Signed By Governor

2017-2018 Legislative Session

Requires organizations applying for arts and cultural grants from the state council on the arts to demonstrate that their principal place of business is within New York state

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
Mar 15, 2017	signed chap.16
Mar 03, 2017	delivered to governor
Mar 02, 2017	returned to senate passed assembly
Mar 01, 2017	ordered to third reading rules cal.27 substituted for a369
Jan 18, 2017	referred to tourism, parks, arts and sports development
Jan 17, 2017	delivered to assembly passed senate
Jan 09, 2017	ordered to third reading cal.8
Jan 05, 2017	referred to rules

Votes

- Jan 17, 2017 - Floor Vote
  S975
  
  60
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jan 17, 2017
      
      aye (60)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      excused (3)
      
      Hannon
      
      Perkins
      
      Ranzenhofer
  Jan 9, 2017 - Rules Committee Vote
  S975
  
  24
  
  Aye
  
  1
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jan 9, 2017
      
      aye (24)
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Flanagan
      
      Gianaris
      
      Griffo
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Parker
      
      Ranzenhofer
      
      Ritchie
      
      Robach
      
      Savino
      
      Seward
      
      Squadron
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      nay (1)
      
      Perkins

2017-S975 (ACTIVE) - Details

See Assembly Version of this Bill:: A369
Law Section:: Arts and Cultural Affairs Law
Laws Affected:: Amd §3.19, Arts & Cul L (as proposed in S.3339-B & A.3420-B)
Versions Introduced in 2015-2016 Legislative Session:: S8230, A10754

2017-S975 (ACTIVE) - Summary

Requires organizations applying for arts and cultural grants from the New York State council on the arts to provide documentation demonstrating that the organization's principal place of business is within New York State.

2017-S975 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S975

 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 :

This bill would amend chapter 474 to provide a documentation and
compliance review process in order to ensure compliance with the
prohibition on the New York State Council on the Arts from awarding
arts and cultural grants to an organization not incorporated in New
York or authorized to do business in New York.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 amends section 3.19 to the arts and cultural affairs law,
adding paragraphs a,b,c and d.

 JUSTIFICATION :

This bill represents the agreed upon changes to Chapter 474 of the

Laws of 2016 (see approval memo 15 of 2016).

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 :

New bill.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect on the same date and in the same manner as
a chapter of the laws of 2016 amending the arts and cultural affairs
law relating 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 as proposed in legislative bills numbers
S.3339-B and A. 3420-B takes effect.

2017-S975 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    975
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 5, 2017
                                ___________
 
 Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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. Section 3.19 of the arts and cultural affairs law, as added
 by  a chapter of the laws of 2016 amending the arts and cultural affairs
 law relating 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 as proposed in legislative bills numbers S. 3339-B and A.
 3420-B, is amended to read as follows:
   § 3.19. Prohibition. 1. (A) The council on the arts shall be prohibit-
 ed  from [issuing] AWARDING grants to an organization unless such organ-
 ization is incorporated as a nonprofit organization either in the  state
 or, if an organization 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 fund-
 ing  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.
                                                            LBD07072-01-7

 S. 975                              2

 the arts of their subsequent filing of articles  of  incorporation  with
 the department of state in New York.]
   (B)  ANY  ORGANIZATION APPLYING FOR GRANT FUNDING SHALL PROVIDE TO THE
 COUNCIL ON THE ARTS DOCUMENTATION  DEMONSTRATING  COMPLIANCE  WITH  THIS
 PROVISION. ANY APPLICANT WHICH FAILS TO PROVIDE SUCH DOCUMENTATION SHALL
 BE  DEEMED  INELIGIBLE TO RECEIVE GRANT FUNDING UNDER THIS ARTICLE. SUCH
 DOCUMENTATION SHALL BE CONSIDERED VALID FOR A PERIOD OF TWO  YEARS  FROM
 THE  DATE  IT WAS PROVIDED OR UNTIL THE ORGANIZATION UNDERTAKES A CHANGE
 IN STATUS, WHICHEVER OCCURS SOONER.
   (C) ANY ORGANIZATION THAT IS INCORPORATED ELSEWHERE BUT REGISTERED  TO
 DO BUSINESS IN THE STATE, WHEN APPLYING FOR GRANT FUNDING, SHALL CERTIFY
 TO  THE  COUNCIL  ON  THE ARTS AS PART OF ITS GRANT APPLICATION THAT ITS
 PRINCIPAL PLACE OF BUSINESS IS LOCATED WITHIN THE STATE.  ANY  APPLICANT
 WHICH  FAILS TO PROVIDE SUCH CERTIFICATION SHALL BE DEEMED INELIGIBLE TO
 RECEIVE GRANT FUNDING UNDER THIS ARTICLE.
   (D) ANY APPLICANT WHICH FAILS TO DEMONSTRATE THAT GRANT FUNDS  ARE  TO
 BE  USED  TOWARD  PROGRAMS  IN  THE  STATE SHALL BE DEEMED INELIGIBLE TO
 RECEIVE GRANT FUNDING UNDER THIS ARTICLE.  ANY ORGANIZATION, WHEN APPLY-
 ING FOR GRANT FUNDING, SHALL PROVIDE IN ITS GRANT APPLICATION  MATERIALS
 DOCUMENTATION DEMONSTRATING COMPLIANCE WITH THIS PROVISION.
   §  2.  This  act  shall  take  effect on the same date and in the same
 manner as a chapter of the laws of 2016 amending the arts  and  cultural
 affairs  law  relating  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  as  proposed  in  legislative  bills  numbers
 S.3339-B and A. 3420-B takes effect.

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