Laws of the State of New York

theatre, education and arts management aspects of the corporation through a practicum;

5. Offer guidance and consultation on arts and education programs in public and private elementary and secondary schools and institutions of higher learning and community centers throughout the state;

6. Serve as a professional theatre company and an educational resource center for children and young people;

7. Offer touring programs in theatre and associated education programs for children and young people in public and private elementary and secondary schools throughout the state; and

8. Develop theatre audiences for the future by stimulating children and young people who have had little or no experience in the arts.

§ 9.09. Administration. 1. The New York state theatre institute corporation shall be a body corporate and politic constituting a public benefit corporation. It shall have the powers and privileges of a corporation and all of its business shall be transacted, all funds invested, all warrants for money drawn and payments made, and all cash and securities and any other personal and real property shall be held under its corporate name.

2. The corporation shall consist of a board of directors comprised of a chairperson and twelve 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 to the theatre institute program. 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 as chairperson and the other to be designated as treasurer; one member representing the practicing legal profession specializing in arts and entertainment law to be appointed by the governor; two members representing elementary-level teachers, one to be appointed upon the recommendation of the speaker of the assembly and one to be appointed upon the recommendation of the temporary president of the senate; two members representing secondary-level teachers, one to be appointed upon the recommendation of the speaker of the assembly and one to be appointed upon the recommendation of the temporary president of the senate; two members representing higher education representing professionals or faculty who work with children and young people, one to appointed upon the recommendation of the speaker of the assembly and one to be appointed upon the recommendation of the temporary president of the senate; two members representing professional theatre specialists, one to be appointed upon the recommendation of the speaker of the assembly and one to be appointed upon the recommendation for the temporary president of the senate. The governor shall appoint the director of the budget and the commissioner of parks, recreation and historic

preservation. The president of the citizens for the New York state theater institute, inc. shall be an ex-officer, 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 shall constitute a quorum for the transaction of the business of the corporation.

3. No member, officer or employee of the corporation shall be disqualified from holding any other public office or employment, nor shall he or she forfeit any such office or employment by reason of his or her appointment hereunder notwithstanding the provisions of any general, special or local law, ordinance, city or county charter.

4. The corporation shall continue until all its liabilities have been met or otherwise discharged and until its existence shall have been terminated by law. Upon the termination of the existence of the corporation, all of its rights and property shall pass to and be vested in the

state.

5. The corporation shall hold regular quarterly meetings and shall call special meetings on the call of the chairperson or any three memEXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

and no

bers upon giving notice thereof to all members of the corporation at least twenty-four hours in advance. All meetings shall be held tices filed in accordance with the freedom of information act.

6. The secretary of the corporation shall be elected from the board membership.

7. The corporation shall be administered by a producing director who shall be appointed by and serve at the pleasure of the board of

directors.

8. The producing director shall be the chief executive officer of the corporation, and shall, subject to the direction of the corporation, have general supervision over the administration, artistic standards and operation of the corporation's projects and facility. The producing director shall recommend to the corporation appointments and non-renewal of all other employees of the corporation as prescribed by the rules and regulations pertaining to civil service and professional status according to the laws governing the New York state employees.

9. The producing director and all other employees of the empire state theatre institute existing under the jurisdiction and control of the state university shall be transferred to the corporation as employees of the state of New York, subject to the approval of the director of the budget. Such transfer shall not in any way affect the civil service or professional status, continuity of service, retirement plan status, right to compensation, grade or compensation or other rights and privileges of any employee so transferred.

10. The producing director shall attend all corporation meetings and shall have the right to speak at such meetings, but shall have no vote. 11. The board of directors shall adopt bylaws governing the conduct of its meetings and other matters not included hereunder relating to its organization and operations.

9.11. General powers and duties of the corporation. For carrying out its purposes, the corporation shall have power:

1. To sue and be sued;

2. To have a seal and alter the same at pleasure;

3. To acquire, hold and dispose of personal property for its corporate purposes, including the power to purchase, alter, install and dispose of fixtures, installations and equipment. The corporation may dispose of its own property valued in excess of five thousand dollars, provided however, that any such action is subject to a resolution which must be approved by a majority of the board of directors at a meeting and such resolution must be approved by the director of the budget;

4. To lease other real property from the state and other entities for such terms and such conditions as may be agreed upon and, subject to the provisions of such lease or leases, to sublease said property to others; 5. To appoint such employees as it may require for the performance of its duties, and to fix and determine their qualifications, duties, and compensation and to retain or employ counsel, auditors, and private consultants on a contract basis or otherwise for rendering professional or technical services and advice;

6. To make all contracts necessary and convenient to carry out its purposes of production, education and operations and to execute all instruments necessary and convenient;

7. To accept gifts, grants, loans or contributions from the United States, the state of New York, or any agency or instrumentality of either of them, or the city, the county, or an individual, foundation, firm or corporation, by bequest or otherwise, and to expend the proceeds for any purposes of the corporation;

8. Το be required to pay no taxes or assessments upon any of the property acquired by or under its jurisdiction, control or supervision or upon its activities; and

9. Το do all things necessary or convenient to carry out the functions, powers and duties expressly set forth in this article.

§ 9.13. Reports. 1. For the purposes of furnishing the state with systematic information regarding its status and activities, the corporation shall submit to the governor, the chairpersons of the assembly ways and means and senate finance committees and the state comptroller within ninety days after the end of the corporation's fiscal year, a complete and detailed report setting forth: (a) its operations and accomplishments; (b) its receipts and disbursements, or revenues and expenses, during such fiscal year in accordance with categories or classifications established by the corporation for its own operating and capital outlay purposes; and (c) its assets and liabilities at the end of its fiscal

year, including the status of reserve, special or other funds and including the receipts and payments of these funds.

2. The corporation shall annually submit a proposed budget to the director of the budget at the same time as budget requests are required to be submitted by state agencies. The proposed budget shall contain a personal services budget, an operating budget, an equipment budget and an estimate of revenues.

§ 9.15. Cooperation and assistance of other agencies. 1. To effect the purposes of this article, the corporation may request from any department, division, commission, or other agency of the state, and the same are authorized and directed to provide such cooperation and assistance and services of processing payroll for the corporation's state employees and other services as would enable the corporation properly to carry out its powers and duties hereunder.

2. The inventory of physical and other assets including the rights to certain plays and other works belonging to the empire state youth theatre institute located at the state university at Albany, at the research foundation of the state university and at the empire state performing arts center shall be transferred to the New York state theatre institute corporation and shall be made immediately available to the corporation for its production, education and operations programs in carrying out the provisions of this article.

§ 2. Section 97-u of the state finance law is repealed and a new section 97-u is added to read as follows:

§ 97-u. New York state theatre institute corporation fund. 1. There is hereby established in the custody of the state comptroller a special account to be known as the "New York state theatre institute corporation fund."

2. All moneys received by the New York state theatre institute corporation reestablished pursuant to article nine of the arts and cultural affairs law from whatever source derived, including but not limited to revenues from theatrical productions, educational services, subleases, concessions, marketing of properties owned or licensed by the corporation, and the sale of such properties, shall be deposited to the exclusive credit of such fund. Said moneys shall be kept separate and shall not be commingled with any other moneys in the custody of the comptroller.

3. The moneys in said account shall be retained by the corporation through the submission of a business plan to the state comptroller. Thereafter moneys will be released by the comptroller to the corporation and deposited in a general interest-bearing account and such other interest-bearing accounts as the corporation may deem necessary for the transaction of its business and shall be paid out on checks, signed by the chairperson of the corporation board of directors or such other member of the board or employee as the corporation may authorize.

4. All contributions of real or personal property made to the fund whether by gift, devise or bequest shall qualify as deductions in computing the net taxable income of the donor for the purposes of any income tax imposed by the state or any political subdivision thereof.

5. The cash balances of the accounts in the name of the empire state youth theatre institute held by the state university at Albany are hereby transferred to the New York state theatre institute corporation fund. The state university at Albany is hereby directed to transfer such moneys belonging to the empire state youth theatre institute deposited in an income fund reimbursable account, the university at Albany fund, and the research foundation of the state university account. Such moneys shall be immediately available to the New York state theatre institute corporation for its expenses, including production, travel, operation, printing, leases, and other necessary expenses in carrying out the provisions of article nine of the arts and cultural affairs law.

§ 3. That part of section one of chapter 53 of the laws of 1992, enacting the aid to localities budget, is amended by repealing the items hereinbelow set forth in brackets and adding to such section the other items underscored in this section:

EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

[NEW YORK STATE THEATRE INSTITUTE

Special Revenue Funds

Other

Miscellaneous Special Revenue Fund
New York State Theatre Institute Account

From

moneys received by the New York state theatre institute corporation for theatrical productions and educational services. Notwithstanding any provision of law to the contrary, the comptroller is hereby authorized and directed to receive for deposit to the credit of the New York state theatre institute account revenues received from fees charged by the New York state theatre institute corporation for admission into theatrical events and educational programs, and all other fees charged or received in relation to such theatrical productions educational programs, pursuant to a chapter of the laws

of 1992 ..

General Fund

NEW YORK STATE THEATRE INSTITUTE CORPORATION

700,000

$1,850,000

§ 4. The New York State Theatre Institute Corporation shall relocate its offices from the campus of the State University at Albany not later than the sixtieth day next succeeding the date this act shall take effect. § 5. This act shall take effect immediately.

CHAPTER 825

ACT to amend the arts and cultural affairs law, in relation to the New York state theatre institute corporation; to amend the state finance law, in relation the New York state theatre institute corporation fund; to amend chapter 53 of the laws of 1992, enacting the aid to localities budget, in relation to certain appropriations

Became a law August 7, 1992, with the approval of the Governor. Passed on message of necessity pursuant to Article III, section 14 of the Constitution by a majority vote, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Sections 9.09, 9. 13, and 9.15 of the arts and cultural affairs law, as added by a chapter of the laws of 1992, amending the arts and cultural affairs law relating to establishing the New York state theatre institute, the state finance law relating to the New York state theatre institute corporation fund and chapter 53 of the laws of 1992 and enacting the aid to localities budget, as proposed in legislative bill number A. 11912-A, are amended to read as follows:

2. The corporation shall consist of a board of directors comprised of a chairperson and [twelve] fourteen 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 to the theatre institute program. 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 as chairperson and the other to be designated as treasurer; one member representing the practicing legal profession specializing in arts and entertainment law to be pointed by by the governor; [two] four members representing elementarylevel teachers, [one] two to be appointed [upon the recommendation of the speaker of the assembly] by the governor and [one] two to be appointed upon the recommendation of the temporary president of the senate; [two] four members representing secondary-level teachers, [one] two to be appointed upon the recommendation of the speaker of the assembly and [one] two to be appointed [upon the recommendation of the temporary president of the senate] by the governor; two members representing higher education representing professionals or faculty who work with children and young people, one to be appointed [upon the recommendation of the speaker of the assembly] by the governor and one to be appointed upon the recommendation of the [temporary president] minority leader of the senate; two members representing professional theatre specialists, one to be appointed upon the recommendation of the [speaker] minority leader of the assembly and one to be appointed [upon the recommendation for the temporary president of the senate] by the governor. [The governor shall appoint the director of the budget and the commissioner of parks, recreation and historic preservation. ] The president of the citizens for the New York state theater institute, inc. shall be an [exofficer] ex officio, [non voting] 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 EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

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Laws of the State of New York, Volumen3,Partes323-858