NY State Senate Bill 2009-S8168

Archive: Last Bill Status - In Senate Committee Rules Committee

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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 16, 2010	committee discharged and committed to rules
Jun 14, 2010	referred to finance

2009-S8168 (ACTIVE) - Details

See Assembly Version of this Bill:: A11438
Current Committee:: Senate Rules
Law Section:: Arts and Cultural Affairs Law
Laws Affected:: Amd §§9.07 & 9.09, Arts & Cul L; amd §17, Pub Off L

2009-S8168 (ACTIVE) - Summary

Relates to the authority of the New York state theatre institute, and to the composition of the board of directors; makes an appropriation.

2009-S8168 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S8168

TITLE OF BILL:

An act to amend the arts and cultural affairs law, in relation to the
New York state theatre institute corporation; to amend the public
officers law, in relation to defense and indemnification; and making
an appropriation to the New York state theatre institute corporation;
and providing for the repeal of certain provisions upon the expiration
thereof

PURPOSE:

This bill provides the NYSTI with an appropriation to finance a
portion of its liabilities owed to the State University of New York at
Albany; amends NYSTI's governance structure; streamlines
qualifications of NYSTI Board members; and would provide current and
future board members, officers and employees of NYSTI with defense and
indemnification under Public Officers Law consistent with that
provided to other similar entities such as the Empire State Plaza
Performing Arts Center Corporation.

SUMMARY OF PROVISIONS:

Section 1 of this bill would provide NYSTI with an appropriation of
$243,000 that will be made available to NYSTI for reimbursement of

past due payroll expenses owed to the State University of New York at
Albany.

Section 2 of this bill would provide that should termination of NYSTI
employees occur as a result of retrenchment, notice of such
termination would be issued in writing to affected employees as soon
as practicable, which would be deemed to be at least ten business days
in advance of such termination.

Section 3 of the bill would amend Arts and Cultural Affairs law (ACLA)
§ 9.07 to make clear that NYSTI is authorized, rather than required,
to carry out the elements of its statutory mission.

Section 4 of the bill would amend ACLA § 9.09 to reduce the number of
voting NYSTI Board members from 14 to 8. This section also streamlines
Board member qualifications so that those Who possess the ability to
provide oversight are clearly authorized to serve on the Board.

Section 5 of the bill would amend Public Officers Law § 17 to provide
current and future NYSTI board members, officers and employees with
defense and indemnification protections, consistent with those
provided to other similar entities such as the Empire State Plaza
Performing Arts Center Corporation.

STATEMENT IN SUPPORT AND BUDGETARY IMPLICATIONS:

Enactment of this bill is necessary to reimburse the State University
of New York at Albany for past due payroll expenses and provide NYSTI
with stability so it can address its transition in an orderly manner.
This bill has a $243,000 impact on the State's Financial Plan.


EFFECTIVE DATE:

This bill would take effect immediately, provided that section five of
this act would not apply to any individual who ceased to be a member
of the board or an officer or employee of the New York State Theatre
Institute Corporation on or before the eleventh day of June, two
thousand and ten.

2009-S8168 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 8168                                                 A. 11438

                      S E N A T E - A S S E M B L Y

                              June 14, 2010
                               ___________

IN  SENATE  --  Introduced  by  COMMITTEE ON RULES -- (at request of the
  Governor) -- read twice and ordered printed, and when  printed  to  be
  committed to the Committee on Finance

IN  ASSEMBLY  --  Introduced by COMMITTEE ON RULES -- (at request of the
  Governor) -- read once and referred to the Committee on Ways and Means

AN ACT to amend the arts and cultural affairs law, in  relation  to  the
  New  York  state  theatre  institute  corporation; to amend the public
  officers law, in relation to defense and indemnification;  and  making
  an  appropriation to the New York state theatre institute corporation;
  and providing for the repeal of certain provisions upon the expiration
  thereof

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The amount specified in this section, or so much thereof as
shall  be  sufficient  to  accomplish  the purpose designated, is hereby
appropriated and authorized to be paid as hereinafter provided,  to  the
public  officers  and  for  the purpose specified, which amount shall be
available for the state fiscal year beginning April 1, 2010.

                           COUNCIL ON THE ARTS

NEW YORK STATE THEATRE INSTITUTE CORPORATION PROGRAM ........... 243,000
                                                          --------------
Special Revenue Funds  Other / State Operations
Miscellaneous Special Revenue Fund - 339
Cultural Education Account

  The sum of two hundred forty-three thousand dollars ($243,000), or  so
much  thereof  as  shall  be sufficient to accomplish the purpose desig-
nated, is hereby appropriated to the New York  state  theatre  institute
corporation out of any moneys in the special revenue funds--other to the
credit of the cultural education account not otherwise appropriated. The
funds  appropriated herein shall be made available to the New York state

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD12279-03-0

S. 8168                             2                           A. 11438

theatre institute corporation for reimbursement of payroll expenses owed
to the state university of New York at Albany. The comptroller is hereby
authorized and directed to utilize this appropriation for the purpose of
these  payments  related  to the New York state theatre institute corpo-
ration. Notwithstanding any provision of law to the contrary, the moneys
hereby appropriated, or so much thereof as may be necessary, are  to  be
available  for  the purposes herein specified for obligations heretofore
accrued or hereafter to accrue.

                            PERSONAL SERVICE

Personal service--regular ........................ 195,000
Temporary service ................................. 48,000
                                            --------------
    Program account subtotal ..................... 243,000
                                            --------------

  S 2. Notwithstanding provisions of law to the contrary, should  termi-
nation of employees of such New York state theatre institute corporation
occur  as  a result of retrenchment, notice of such termination shall be
issued in writing to affected employees as  soon  as  practicable  which
shall  be  deemed  to  be  at least ten business days in advance of such
termination.
  S 3. The opening paragraph and subdivision 3 of section  9.07  of  the
arts  and  cultural  affairs law, as added by chapter 824 of the laws of
1992, are amended to read as follows:
  The New York state theatre institute corporation shall  BE  AUTHORIZED
TO:
  3. Offer accredited [interships] INTERNSHIPS in theatre arts education
to  students  being  trained  as teachers and artists by both public and
private institutions of higher learning;
  S 4. Subdivision 2 of section 9.09 of the arts  and  cultural  affairs
law,  as  amended by chapter 825 of the laws of 1992, is amended to read
as follows:
  2. The corporation shall consist of a board of directors comprised  of
a  chairperson  and  [fourteen]  EIGHT  voting members [representing the
theatre, education and business communities]  to  be  appointed  by  and
serve  at  the  pleasure of the governor. Each member appointed shall be
representative of the disciplines [applicable] RELEVANT to  the  theatre
institute  program OR OTHERWISE POSSESS THE SKILL AND ABILITY TO PROVIDE
EFFECTIVE OVERSIGHT OF THE INSTITUTE'S OPERATIONS.  THE  GOVERNOR  SHALL
APPOINT ONE MEMBER UPON THE RECOMMENDATION OF THE TEMPORARY PRESIDENT OF
THE  SENATE,  ONE  MEMBER  UPON THE RECOMMENDATION OF THE SPEAKER OF THE
ASSEMBLY, ONE MEMBER UPON THE RECOMMENDATION OF THE MINORITY  LEADER  OF
THE SENATE AND ONE MEMBER UPON THE RECOMMENDATION OF THE MINORITY LEADER
OF  THE ASSEMBLY.   The [board of directors shall consist of two members
representing  executives  from  the  corporate  business  sector  to  be
appointed  by  the] governor[, one of whom] shall [be designated] DESIG-
NATE ONE MEMBER as chairperson and [the other to be designated]  ANOTHER
MEMBER  as  treasurer[;  one  member  representing  the practicing legal
profession specializing in arts and entertainment law to be appointed by
the governor; four members representing elementary-level  teachers,  two
to  be appointed by the governor and two to be appointed upon the recom-
mendation of the temporary president of the senate; four members repres-
enting secondary-level teachers, two to be appointed upon the  recommen-
dation  of  the  speaker  of the assembly and two to be appointed by the

S. 8168                             3                           A. 11438

governor; two members representing higher education representing profes-
sionals or faculty who work with children and young people,  one  to  be
appointed  by  the governor and one to be appointed upon the recommenda-
tion  of  the  minority  leader  of the senate; two members representing
professional theatre specialists, one to be appointed upon the recommen-
dation of the minority leader of the assembly and one to be appointed by
the governor]. The president of the citizens  for  the  New  York  state
[theater]  THEATRE  institute,  inc.  shall be an ex officio, non-voting
member. The members first appointed shall serve for a  period  of  three
years;  their successors and all other appointed members shall serve for
a four-year term and each member  shall  continue  to  serve  until  the
appointment  and qualification of his or her successor.  Vacancies among
members otherwise than by the expiration of term shall be filled by  the
appointing  authority  for the unexpired term. The chairperson and other
members of the board shall not be entitled  to  compensation  for  their
services  but  shall  be  entitled to reimbursement for their actual and
necessary expenses incurred in the performance of their official duties.
A majority of the chairperson and other members of  the  board  THEN  IN
OFFICE  shall constitute a quorum for the transaction of the business of
the corporation.
  S 5. Subdivision 1 of section 17 of the public officers law is amended
by adding a new paragraph (w) to read as follows:
  (W) FOR THE PURPOSES  OF  THIS  SECTION,  THE  TERM  "EMPLOYEE"  SHALL
INCLUDE  THE  MEMBERS OF THE BOARD AND OFFICERS AND EMPLOYEES OF THE NEW
YORK STATE THEATRE INSTITUTE CORPORATION.
  S 6. This act shall take effect immediately; provided,  however,  that
section  two  of  this  act  shall  be  deemed  to have been expired and
repealed on and after December 31,  2010;  and  provided  further,  that
section five of this act shall not apply to any individual who ceased to
be a member of the board or an officer or employee of the New York state
theatre  institute  corporation  on  or before the eleventh day of June,
2010.

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Senate Bill S8168

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Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

2009-S8168 (ACTIVE) - Details

2009-S8168 (ACTIVE) - Summary

2009-S8168 (ACTIVE) - Sponsor Memo

2009-S8168 (ACTIVE) - Bill Text download pdf

Comments

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Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

2009-S8168 (ACTIVE) - Details

2009-S8168 (ACTIVE) - Summary

2009-S8168 (ACTIVE) - Sponsor Memo

2009-S8168 (ACTIVE) - Bill Text download pdf

Comments