[First Reprint]

SENATE, No. 3521

STATE OF NEW JERSEY

219th LEGISLATURE

 

INTRODUCED MARCH 9, 2021

 


 

Sponsored by:

Senator  JOSEPH A. LAGANA

District 38 (Bergen and Passaic)

Senator  DAWN MARIE ADDIEGO

District 8 (Atlantic, Burlington and Camden)

Senator  VIN GOPAL

District 11 (Monmouth)

Assemblywoman  LINDA S. CARTER

District 22 (Middlesex, Somerset and Union)

Assemblyman  ERIC HOUGHTALING

District 11 (Monmouth)

Assemblywoman  ANGELA V. MCKNIGHT

District 31 (Hudson)

 

Co-Sponsored by:

Senators Ruiz, Thompson, Singleton, Cunningham, Cruz-Perez, Diegnan, Greenstein, Oroho, O'Scanlon, Sarlo, Testa, A.M.Bucco, T.Kean, Pou, Turner, Assemblyman Caputo, Assemblywoman Reynolds-Jackson, Assemblyman Benson, Assemblywoman Vainieri Huttle, Assemblymen Johnson, Zwicker, Verrelli, Assemblywoman Dunn, Assemblymen Moen, Kennedy, Mazzeo, Armato, Tully, Assemblywoman DiMaso, Assemblymen Calabrese, Mejia, Assemblywoman Downey and Assemblyman Freiman

 

 

SYNOPSIS

      Makes $15 million in federal funds available to EDA and New Jersey Council on the Arts to support arts and culture organizations in need.

 

CURRENT VERSION OF TEXT

     As reported by the Senate Budget and Appropriations Committee on March 22, 2021, with amendments.

  


1[A Supplement to the Fiscal Year 2021 appropriations act, P.L.2020, c.97] An Act making federal funding available to the New Jersey Economic Development Authority and New Jersey Council on the Arts to support arts and culture organizations in need1.

 

     Be It Enacted by the Senate and the General Assembly of the State of New Jersey:

 

     1[1.  In addition to the amounts appropriated under P.L.2020, c.97, the annual appropriations act for Fiscal Year 2021, there is appropriated the following sum for the purpose specified:

 

82 DEPARTMENT OF THE TREASURY

50 Economic Planning, Development, and Security

51 Economic Planning and Development

 

 GRANTS-IN-AID

38-2043

Economic Development  ........................................................

$15,000,000

 

 

 

 

Total Grants-in-Aid Appropriation,                                 Economic Planning and Development………………………

$15,000,000

Grants-in-Aid:

 

 

38

Coronavirus Relief Fund – Assistance to Arts and Culture Organizations, EDA................

($15,000,000)

 

 

The amount hereinabove appropriated for Coronavirus Relief Fund –Assistance to Arts and Culture, EDA shall be allocated from a portion of federal block grant funds allocated to the State from the federal “Coronavirus Relief Fund” established pursuant to the federal “Coronavirus Aid, Relief, and Economic Security Act (CARES Act),” Pub.L.116-136, or any other federal funds made available to the State in response to the coronavirus disease 2019 (COVID-19) pandemic.

 

The amount hereinabove appropriated for Coronavirus Relief Fund – Assistance to Arts and Culture, EDA shall be allocated by the New Jersey Economic Development Authority to arts and cultural organizations in the State; provided that, not less than $7,500,000 shall be allocated to the New Jersey Council on the Arts for the purposes of issuing grants to nonprofit arts and cultural entities. The New Jersey Economic Development Authority shall establish minimum grant eligibility criteria and the size of the grant awards to meet the needs of the grantee entities in responding to the public health crisis.]1

     11.  a.  Subject to the availability of federal funds provided or made accessible to the State via federal block grant funds allocated to the State from the federal “Coronavirus Relief Fund” established pursuant to the federal “Coronavirus Aid, Relief, and Economic Security Act (CARES Act),” Pub.L.116-136, or any other federal funds made available to the State in response to the coronavirus disease 2019 (COVID-19) pandemic, $7,500,000 from such federal funds shall be made available to the New Jersey Economic Development Authority for the purposes set forth in subsection b. of this section.

      b.   (1)  The funds made available to the New Jersey Economic Development Authority pursuant to subsection a. of this section shall be reserved by the authority to provide financial support, by way of grants, to arts and culture for-profit organizations.  The authority may use not more than five percent of the funds to defray any administrative expenses incurred in the implementation of this section.

      (2)  Notwithstanding the provisions of paragraph (1) of this subsection to the contrary, the authority may transfer the uncommitted balance of any funds made available pursuant to this section to any program established pursuant to P.L.    , c.    (C.        ) (pending before the Legislature as Assembly Bill No. 5443 or Senate Bill No. 3523 of 2021), P.L.    , c.    (C.        ) (pending before the Legislature as Assembly Bill No. 5445 or Senate Bill No. 3520 of 2021), P.L.    , c.    (C.        ) (pending before the Legislature as Assembly Bill No. 5446 or Senate Bill No. 3519 of 2021), or P.L.    , c.    (C.        ) (pending before the Legislature as Assembly Bill No. 5444 or Senate Bill No. 3524 of 2021).  The authority shall submit notice to the Joint Budget Oversight Committee no less than five calendar days before the date of the transfer.  At minimum, the notice shall indicate the amount of the transferred funds and the purpose for which the funds are transferred.

      c.  The New Jersey Economic Development Authority shall establish the size of the awards and eligibility of entities in subsection b. of this section to meet the needs of arts and culture organizations in responding to the public health crisis.

      d.  As used in this section:

      “Arts and culture for-profit organization” means an organization that: (1) either organizes, promotes, produces, manages, or hosts at least two regularly occurring live performances or events per week by performing artists for which admission fees are charged and performers are paid based on a percentage of sales, a guarantee, or other mutually beneficial formal arrangement or publicly sells tickets in advance of performing arts events for which performers are paid based on a percentage of sales, a guarantee, or other mutually beneficial formal arrangement; and (2) can demonstrate to the authority  a 25 percent or greater operating revenue loss in the second quarter of 2020 compared to the second quarter of 2019.

      “Performing arts or artist” includes, but is not limited to, events such as musical concerts, comedy shows, theatrical productions, dance performances, or other live renderings of similarly artistic works.1

 

      12.  a.  Subject to the availability of federal funds provided or made accessible to the State via federal block grant funds allocated to the State from the federal “Coronavirus Relief Fund” established pursuant to the federal “Coronavirus Aid, Relief, and Economic Security Act (CARES Act),” Pub.L.116-136, or any other federal funds made available to the State in response to the coronavirus disease 2019 (COVID-19) pandemic, $7,500,000 from such federal funds shall be made available to the New Jersey Council on the Arts for the purposes set forth in subsection b. of this section.

      b.   The funds made available to the New Jersey Council on the Arts pursuant to subsection a. of this section shall be reserved by the council to provide financial support, by way of grants, to arts and culture non-profit organizations.  The council may use not more than five percent of the funds to defray any administrative expenses incurred in the implementation of this section.

      c.   The New Jersey Council on the Arts shall establish the size of the awards and eligibility of entities in subsection b. of this section to meet the needs of arts and culture organizations in responding to the public health crisis.1

 

     1[2.] 3.1 This act shall take effect immediately.