S T A T E O F N E W Y O R K
________________________________________________________________________
9743
I N S E N A T E
May 28, 2024
___________
Introduced by Sen. SERRANO -- (at request of the NYS Council on The
Arts) -- read twice and ordered printed, and when printed to be
committed to the Committee on Finance
AN ACT to amend the state finance law, in relation to the New York state
music grant fund
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 97-v of the state finance law, as added by chapter
851 of the laws of 1983, subdivision 3 as amended by chapter 83 of the
laws of 1995, is amended to read as follows:
§ 97-v. New York state [musical instrument revolving] MUSIC GRANT
fund. 1. There is hereby established in the custody of the state comp-
troller, a special fund to be known as the "New York state [musical
instrument revolving] MUSIC GRANT fund".
2. The fund shall consist of all monies appropriated for its purpose,
all monies transferred to such fund pursuant to law and all monies
required by the provisions of this section or any other law to be paid
into or credited to this fund, including all monies received by the fund
or donated to it. The total of monies deposited as a result of appropri-
ations from state funds into this fund shall not exceed the sum of five
hundred thousand dollars. Monies in the fund shall be kept separate and
shall not be commingled with any other monies otherwise appropriated or
received except as hereby provided.
3. Monies of the fund, when allocated, shall be available to the New
York state council on the arts for the purpose of providing assistance,
excluding administrative costs, for [the loan, lease and purchase of
musical instruments and other related property and equipment, as herein
provided, by] GRANTS TO not-for-profit symphony orchestras and/or other
not-for-profit musical entities incorporated in the state and organized
for the purpose of the presentation of performing arts for the benefit
of the public and which have been approved pursuant to guidelines estab-
lished by the council. Such monies shall also be available for adminis-
trative costs of the council pursuant to approval by the director of the
budget. [Notwithstanding any other inconsistent provisions of this chap-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14277-01-4
S. 9743 2
ter, should the council determine that there is a compelling need for
the loan, lease or purchase of property or equipment other than musical
instruments by not-for-profit symphony orchestras and/or other not-for-
profit musical entities incorporated in the state and organized for the
purpose of the presentation of performing arts for the benefit of the
public, and upon approval of the director of the budget, the council may
assist such organization in acquiring such equipment in accordance with
guidelines established by the council. The council shall contract with
one or more not-for-profit entities which shall distribute such monies,
however, in no case shall monies of the fund be distributed nor shall a
contract to distribute such monies be approved unless the fund shall
have sufficient monies to effectuate all such approved distributions and
contracts.
Purchases, leases and loans of musical instruments and other equipment
shall not be approved or effected if such purchases, leases or loans are
eligible for financing from any other state assistance program.]
4. [The state council on the arts shall establish guidelines necessary
to administer the fund. Guidelines shall include, but not be limited to:
qualifications and conditions for assistance, which may require public
service performances, terms of lease or installment sale payments and
finance charges on installment sales at rates of interest which,
notwithstanding any other provision of law, shall not be less than three
per cent per annum nor more than ten per cent per annum, provisions for
insurance of the instrument or other equipment, provisions for necessary
security agreement arrangements, and any other terms and conditions the
council may require as necessary to properly effectuate the provisions
of this section.
5. The not-for-profit entity of entities with whom the state council
on the arts has contracted pursuant to subdivision three of this section
shall enter into contractual arrangements with applicants approved by
the council. All contracts must be approved by the state council on the
arts and the comptroller prior to the distribution of any monies there-
under. Such contracts shall assure that the not-for-profit entity or
entities retain title to the instrument or equipment until the
provisions and intent of this section are satisfied.
6. Notwithstanding any other provisions of law, should a default in
payment of monies for the purchase or lease of an instrument or other
equipment occur, the council shall so notify the comptroller and the
attorney general who shall take such steps as may be necessary. The
not-for-profit entity or entities, after such notification is made,
shall take steps to effect repossession regardless of whether any note,
memorandum, instrument or other writing has been recorded or regardless
of whether any other person has notice of such possessory rights to the
instrument or equipment. Any contract between the not-for-profit agency
or agencies and a not-for-profit symphony orchestra or other musical
entity authorized by this article, shall assure the right and provide
guarantees for such repossession. Subsequent to the taking of possession
of the instrument or equipment, the comptroller or not-for-profit agency
or agencies may offer the same for sale at public auction to the highest
bidder pursuant to guidelines established by the comptroller.
7. The comptroller is authorized to deduct the difference between the
purchaser's or lessee's outstanding obligation at the time of the
auction provided for in subdivision five of this section, and the amount
realized from that auction, after deductions for all necessary and prop-
er costs of the auction are made, from any other grant or other assist-
ance approved by the council on the arts for that purchaser. The differ-
S. 9743 3
ence deducted by the comptroller and the net amount realized from the
auction shall be deposited in the New York state musical instrument
revolving fund.
8.] Nothing contained herein shall prevent the council from receiving
grants, gifts or bequests for the purposes of the fund as defined in
this section and depositing them into the fund according to law.
[9. The state council on the arts shall provide by September first of
each year, to the governor, the temporary president of the senate, the
speaker of the assembly, the chairman of the senate finance committee
and the chairman of the assembly ways and means committee, a report
containing guidelines and amendments established by the state council on
the arts and a complete financial statement including, but not limited
to, monies allocated, collected, transferred or otherwise paid or cred-
ited to the fund. A projected schedule of disbursements, receipts and
needs of the fund for the next fiscal year shall be included in each
report. In addition, any amendments to the guidelines shall be provided
to the above listed individuals within thirty days of their establish-
ment by the state council on the arts.
10.] 5. No monies shall be payable from this fund, except on the audit
and warrant of the comptroller on vouchers certified and submitted by
the [chairman of the] state council on the arts.
§ 2. This act shall take effect immediately.
