Bill Text: NY A10754 | 2015-2016 | General Assembly | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-12-23 - referred to ways and means [A10754 Detail]
Download: New_York-2015-A10754-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 10754 IN ASSEMBLY December 23, 2016 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Titone) -- read once and referred to the Committee on Ways and Means 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. Section 3.19 of the arts and cultural affairs law, as added 2 by a chapter of the laws of 2016 amending the arts and cultural affairs 3 law relating to prohibiting the New York state council on the arts from 4 awarding arts and cultural grants when an organization has no place of 5 business within the state and does not apply awarded monies to New York 6 state programs as proposed in legislative bills numbers S. 3339-B and A. 7 3420-B, is amended to read as follows: 8 § 3.19. Prohibition. 1. (a) The council on the arts shall be prohibit- 9 ed from [issuing] awarding grants to an organization unless such organ- 10 ization is incorporated as a nonprofit organization either in the state 11 or, if an organization is incorporated elsewhere, such organization must 12 be registered to do business in the state through the department of 13 state and must have its principal place of business located within the 14 state. [Grant recipients shall also be prohibited from using grant fund-15ing received from the council on the arts to fund components of an16organization's budget that are not directed towards programs in the17state. If an organization is found to have violated this section, they18shall (1) be required to reimburse back to the council on the arts, all19monies received under the particular grant within thirty days or face a20fine to be determined by the department of state, and (2) not be allowed21to reapply for future funding until they provide proof to the council on22the arts of their subsequent filing of articles of incorporation with23the department of state in New York.] 24 (b) Any organization applying for grant funding shall provide to the 25 council on the arts documentation demonstrating compliance with this EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02373-07-6A. 10754 2 1 provision. Any applicant which fails to provide such documentation shall 2 be deemed ineligible to receive grant funding under this article. Such 3 documentation shall be considered valid for a period of two years from 4 the date it was provided or until the organization undertakes a change 5 in status, whichever occurs sooner. 6 (c) Any organization that is incorporated elsewhere but registered to 7 do business in the state, when applying for grant funding, shall certify 8 to the council on the arts as part of its grant application that its 9 principal place of business is located within the state. Any applicant 10 which fails to provide such certification shall be deemed ineligible to 11 receive grant funding under this article. 12 (d) Any applicant which fails to demonstrate that grant funds are to 13 be used toward programs in the state shall be deemed ineligible to 14 receive grant funding under this article. Any organization, when apply- 15 ing for grant funding, shall provide in its grant application materials 16 documentation demonstrating compliance with this provision. 17 § 2. This act shall take effect on the same date and in the same 18 manner as a chapter of the laws of 2016 amending the arts and cultural 19 affairs law relating to prohibiting the New York state council on the 20 arts from awarding arts and cultural grants when an organization has no 21 place of business within the state and does not apply awarded monies to 22 New York state programs as proposed in legislative bills numbers 23 S.3339-B and A. 3420-B takes effect.