Bill Text: NY S03339 | 2015-2016 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates 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.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2016-11-28 - APPROVAL MEMO.15 [S03339 Detail]

Download: New_York-2015-S03339-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        3339--A
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   February 5, 2015
                                      ___________
       Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
         printed to be committed to the Committee on Cultural Affairs, Tourism,
         Parks and Recreation -- 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
         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:
    1    Section 1. The arts and cultural affairs law is amended  by  adding  a
    2  new section 3.17 to read as follows:
    3    S 3.17.  PROHIBITION. THE COUNCIL ON THE ARTS SHALL BE PROHIBITED FROM
    4  ISSUING  GRANTS  TO AN ORGANIZATION UNLESS SUCH ORGANIZATION IS INCORPO-
    5  RATED AS A NONPROFIT ORGANIZATION EITHER IN THE STATE OR, IF  AN  ORGAN-
    6  IZATION  IS INCORPORATED ELSEWHERE, SUCH ORGANIZATION MUST BE REGISTERED
    7  TO DO BUSINESS IN THE STATE THROUGH THE DEPARTMENT  OF  STATE  AND  MUST
    8  HAVE  ITS  PRINCIPAL  PLACE  OF BUSINESS LOCATED WITHIN THE STATE. GRANT
    9  RECIPIENTS SHALL ALSO BE PROHIBITED FROM USING  GRANT  FUNDING  RECEIVED
   10  FROM  THE  COUNCIL  ON  THE ARTS TO FUND COMPONENTS OF AN ORGANIZATION'S
   11  BUDGET THAT ARE NOT DIRECTED TOWARDS PROGRAMS  IN  THE  STATE.    IF  AN
   12  ORGANIZATION  IS  FOUND TO HAVE VIOLATED THIS SECTION, THEY SHALL (1) BE
   13  REQUIRED TO REIMBURSE BACK TO  THE  COUNCIL  ON  THE  ARTS,  ALL  MONIES
   14  RECEIVED UNDER THE PARTICULAR GRANT WITHIN THIRTY DAYS OR FACE A FINE TO
   15  BE  DETERMINED  BY  THE  DEPARTMENT  OF STATE, AND (2) NOT BE ALLOWED TO
   16  REAPPLY FOR FUTURE FUNDING UNTIL THEY PROVIDE PROOF TO  THE  COUNCIL  ON
   17  THE  ARTS  OF  THEIR SUBSEQUENT FILING OF ARTICLES OF INCORPORATION WITH
   18  THE DEPARTMENT OF STATE IN NEW YORK.
   19    S 2. This act shall take effect immediately; provided,  however,  that
   20  this  act  shall  apply  only to grants issued on or after the effective
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02373-03-5
       S. 3339--A                          2
    1  date of this act that are not subject to contracts entered into  by  the
    2  council  on  the  arts  to  provide grants which contracts were executed
    3  prior to the effective date of this act.