New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle W - New York State Council on the Arts › Part 6403 - General Regulations Governing The New York State Council On The Arts' Operations And Procedures › Section 6403.5 - Council guidelines

Current through Register Vol. 46, No. 28, July 10, 2024
The council shall publish guidelines at least biennially. The
				  purpose of the council's guidelines shall be to provide all interested members
				  of the public with a general overview of the council's operations and
				  procedures. Copies of the guidelines shall be available during regular business
				  hours at the office of the council upon request. The guidelines shall include
				  the following information:
(a)
				Description of council programs. The guidelines shall include information about
				the various artistic programs of the council and the specific funding
				categories within each such program.
(b) Eligibility criteria. The guidelines
				shall identify the specific criteria which will be used to determine the
				eligibility of organizations which apply to the council for funding.
				Eligibility criteria may vary from year to year depending on the language of
				the annual appropriations bill passed by the New York State Legislature.
				Eligibility is limited to nonprofit organizations.
(c) Funding policy and funding criteria. The
				guidelines shall contain:
(1) a general
				statement of the council's funding policy; and
(2) the particular funding criteria,
				priorities and restrictions to be taken into account in reaching its decisions
				in each individual program. The council's funding policy, substantive criteria
				and restrictions shall, inter alia, implement and apply the intentions of the
				New York State Legislature as set forth in legislation and the annual
				appropriations bill and as defined by the council and the New York State
				Division of the Budget.
(i) Funding criteria.
				The council will, without limitation, take the following factors into account
				in making its funding decisions on the basis of the criteria prescribed by the
				individual program guidelines:
(a) quality of
				the program proposed by the applicant;
(b) managerial and fiscal competence of the
				applicant, including its capability to carry out the proposed
				project(s);
(c) service to the
				public which will result from the applicant's proposed project(s), including
				number of people served, and the applicant's efforts to widen and/or diversify
				its audience. In determining whether a proposed project will provide a service
				to the public, the phrase public performance should be understood to mean an
				activity that is open to the general public and to which any interested person
				has access. It does not include activities for which attendance is not
				voluntary or for which institutional membership is a requirement for
				admission;
(d) nature and extent of
				the applicant's planned efforts to educate, interpret and orient the public
				about the proposed project;
(e)
				scarcity or availability of comparable services in the same geographic area;
				and
(f) nature and extent of other
				available public and private support, whether monetary, in-kind, membership or
				other.
(ii) Funding
				restrictions. The council will, without limitation, take the following funding
				restrictions into account in making its funding decisions. The council is
				unable or unlikely to fund:
(a) requests for
				capital expenditures;
(b) requests
				for major expenditures for the establishment of new organizations;
(c) requests for programs of public school
				districts or their components or affiliates;
(d) requests for programs of public
				universities or their affiliates or of New York State agencies and
				departments;
(e) requests for
				operating expenses and fellowships at professional training schools that are
				not open to the general public;
(f)
				requests for activities restricted to an organization's membership (funded
				activities must be open to the general public and advertised as
				such);
(g) requests for programs
				that are essentially recreational, rehabilitational or therapeutic;
(h) requests for operating expenses or
				privately owned facilities ( e.g., homes and studios);
(i) requests that are greater than an
				organization's total operating expenses minus total operating income;
(j) requests for those portions of the
				budgets of organizations that are not directed toward programs in New York
				State; and
(k) requests for
				entertainment costs (e.g., theatre parties, museum openings, receptions and
				fundraising benefits).