S T A T E O F N E W Y O R K
________________________________________________________________________
8230
I N S E N A T E
December 23, 2016
___________
Introduced by Sen. LANZA -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
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:
Section 1. Section 3.19 of the arts and cultural affairs law, as added
by a chapter of the laws of 2016 amending the arts and cultural affairs
law relating 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 as proposed in legislative bills numbers S. 3339-B and A.
3420-B, is amended to read as follows:
S 3.19. Prohibition. 1. (A) The council on the arts shall be prohibit-
ed from [issuing] AWARDING grants to an organization unless such organ-
ization is incorporated as a nonprofit organization either in the state
or, if an organization is incorporated elsewhere, such organization must
be registered to do business in the state through the department of
state and must have its principal place of business located within the
state. [Grant recipients shall also be prohibited from using grant fund-
ing received from the council on the arts to fund components of an
organization's budget that are not directed towards programs in the
state. If an organization is found to have violated this section, they
shall (1) be required to reimburse back to the council on the arts, all
monies received under the particular grant within thirty days or face a
fine to be determined by the department of state, and (2) not be allowed
to reapply for future funding until they provide proof to the council on
the arts of their subsequent filing of articles of incorporation with
the department of state in New York.]
(B) ANY ORGANIZATION APPLYING FOR GRANT FUNDING SHALL PROVIDE TO THE
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
S. 8230 2
PROVISION. ANY APPLICANT WHICH FAILS TO PROVIDE SUCH DOCUMENTATION SHALL
BE DEEMED INELIGIBLE TO RECEIVE GRANT FUNDING UNDER THIS ARTICLE. SUCH
DOCUMENTATION SHALL BE CONSIDERED VALID FOR A PERIOD OF TWO YEARS FROM
THE DATE IT WAS PROVIDED OR UNTIL THE ORGANIZATION UNDERTAKES A CHANGE
IN STATUS, WHICHEVER OCCURS SOONER.
(C) ANY ORGANIZATION THAT IS INCORPORATED ELSEWHERE BUT REGISTERED TO
DO BUSINESS IN THE STATE, WHEN APPLYING FOR GRANT FUNDING, SHALL CERTIFY
TO THE COUNCIL ON THE ARTS AS PART OF ITS GRANT APPLICATION THAT ITS
PRINCIPAL PLACE OF BUSINESS IS LOCATED WITHIN THE STATE. ANY APPLICANT
WHICH FAILS TO PROVIDE SUCH CERTIFICATION SHALL BE DEEMED INELIGIBLE TO
RECEIVE GRANT FUNDING UNDER THIS ARTICLE.
(D) ANY APPLICANT WHICH FAILS TO DEMONSTRATE THAT GRANT FUNDS ARE TO
BE USED TOWARD PROGRAMS IN THE STATE SHALL BE DEEMED INELIGIBLE TO
RECEIVE GRANT FUNDING UNDER THIS ARTICLE. ANY ORGANIZATION, WHEN APPLY-
ING FOR GRANT FUNDING, SHALL PROVIDE IN ITS GRANT APPLICATION MATERIALS
DOCUMENTATION DEMONSTRATING COMPLIANCE WITH THIS PROVISION.
S 2. This act shall take effect on the same date and in the same
manner as a chapter of the laws of 2016 amending the arts and cultural
affairs law relating 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 as proposed in legislative bills numbers
S.3339-B and A. 3420-B takes effect.