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-
    15  ing  received  from  the  council  on  the arts to fund components of an
    16  organization's budget that are not  directed  towards  programs  in  the
    17  state.   If an organization is found to have violated this section, they
    18  shall (1) be required to reimburse back to the council on the arts,  all
    19  monies  received under the particular grant within thirty days or face a
    20  fine to be determined by the department of state, and (2) not be allowed
    21  to reapply for future funding until they provide proof to the council on
    22  the arts of their subsequent filing of articles  of  incorporation  with
    23  the 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.
                                                                   LBD02373-07-6

        A. 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.
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