JULY, 2006
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This Month's Member Memo
Increased Funding and New Initiatives
at NYSCA Regional Meetings and NYS Music Fund Outreach |
July 2006
Your mother told you how important it is to say “thank
you,” and that’s true for elected officials too. Now that the
Increased Funding and New Initiatives
at NYSCA
As you thank the Governor and your
legislators, keep in mind that the Council’s general grant funds will
increase by 7% or $2.6 million, which is the funding increase from the
Governor. This enables NYSCA to increase multi-year grants by 5%, leaving
the balance for new applicants. The additional money, from the Senate
and the Assembly, includes $2 million for Digitization grants and $500,000
for a Stabilization Pilot program for small and midsized theaters that
are current grantees. Funds for these new programs will be disbursed in
the current (state) funding year. Check out the NYSCA web site for guidelines
and deadlines.
Regional Meetings and NYS Music
Fund Outreach
Network with colleagues. Explore the issue of *Building
New Audiences*, a topic identified by the field in the 2005 online
survey/regional forums/Think Tank, as a pressing issue facing community-based
cultural organizations statewide. And meet with the staff of the New York
State Music Fund in
Corning
Tuesday, July 18,
Wednesday,
July 19,, 10 am - 12 noon at Arts & Cultural Council of Greater Rochester,
Thursday, July 20, 12 noon-2 pm:
hosted by Arts Council in Buffalo and Erie County Meeting at Café in the Square Theater,
Home Theater of O’Connell & Co., 4476 Main Street, Snyder. Light lunch
to be provided. Contact:
Tuesday, July 25,
The regional meetings
are free and open to all arts and cultural organizations. These are mini-workshops
with group discussion of best practices. Content and handouts focus on
ways to build new audiences and relationships within the community: *The Values Study: Rediscovering the Meaning
and Value of Arts Participation* published by the Connecticut Commission
on Culture and Tourism and *A New
Framework for Building Participation in the Arts*, a report by RAND
that presents the findings of a study on arts organizations across the
country who are actively expanding their efforts to increase public participation
in their programs.
The meetings will
also include relevant and timely updates and public policy issues. Regional meetings are always an opportunity
to network with your peers and discuss issues of regional concern.
The Rural Partners have convened two Rural Conversations,
each with animated conversations about issues of interest to organizations
serving rural communities. The next Rural Conversation is scheduled for
August 18 at
SAVE THE DATE for
the Alliance
The
Alliance Gala is
NEW
YORK
STATE
The Creative
Industries Report from American
for the Arts is a terrific advocacy tool and attracts the attention
of law makers as you discuss the state of the arts and the economy in
your community. The report offers a research-based approach to understanding
the scope and economic importance of the arts in
Nationally, there are 548,000 businesses in the
As of January 2006,
Note that the source
of these data is based solely on businesses that have registered with
Dun & Bradstreet, so the analyses indicate an under-representation
of nonprofit arts organizations and individual artists. Therefore, this
Creative Industries report should be considered a conservative estimate.
For more information on the Creative Industries study, or information
on your own Senate or Assembly districts, email the
SENATE SET TO ACT
ON NEA APPROPRIATIONS
On June 29 the Senate full Appropriations Committee
approved the Bush administration’s request to level-fund the NEA, and
did not consider any amendments for an increase, keeping NEA funding AT
$124.4 million for next year.
If the full Senate confirms the Appropriations Committee
recommendation, then the bill heads for conference with the Senate at
level funding and the House at an increase of $5 million.
There is another item of disagreement between the
House and the Senate. The NEA had asked Congress to change its language
on the matching requirement that applies to grants so that private funds
that it raises from non-appropriated sources – i.e., corporations, foundations,
and individuals – not be subject to a matching
requirement when they are granted. This is likely to open the door
to high levels of private fundraising by the NEA putting it in direct
competition with arts organizations. The House granted the NEA’s
request; the Senate did not.
HOPE FADES FOR CHARITY
TAX BILL
Having already passed one major piece of tax legislation
without including a package of charity-related measures, the House and
Senate are now negotiating a second tax bill that will likely follow the
same path. This includes the long-sought "artist deduction"
provision, which would allow artists to claim a fair-market value tax
deduction for gifts of tangible property, as well as other provisions
designed to stimulate charitable giving. The Senate has already approved
them, but the House is balking, saying that the House has not devoted
sufficient study to the provisions.
PUBLIC BROADCASTING FUNDS CUT IN HOUSE APPROPRIATIONS COMMITTEE
The Committee on Appropriations of the House approved legislation
that would slash funding for public broadcasting. The committee reduced
funds from the Corporation for Public Broadcasting (CPB), the primary
funding agency for our nation's public television and radio broadcasting.
Only one amendment to partially restore $20 million in funding back to
CPB was adopted by the full committee, which would still leave the agency
with a devastating cut. It is expected that when the full House debates
the bill, it will consider a floor amendment to fully restore the public
broadcasting funds. A similar scenario occurred last year, when thousands
of calls and e-mails from grassroots advocates
from around the country helped to convince the House to reverse the cuts.
Study finds corporate giving Rose
14% Last Year
According to a recent survey, corporate donations to charities
grew 14% to $8.4 billion in 2005, signaling the growing importance companies
are placing on philanthropy. The Committee to Encourage Corporate Philanthropy
in NYC (CECP), found employees were also giving
more. Annual giving per employee rose to $685 in 2005, versus $670 in
2004. If you want more information, here is the link: http://www.corporatephilanthropy.org
VOTER EDUCATION BY NONPROFITS DURING A POLITICAL CAMPAIGN
As political campaigns heat up around the State, not for
profit arts organizations are increasingly concerned about the kinds of
activities that they may or may not engage in to protect their not for
profit status. The article below answers a number of those questions for
you. However, please remember that interpretation comes into play and
this information is provided for your guidance; it is not intended to
replace the advice of legal counsel.
Nonprofits sometimes
confuse working for the election of a political candidate with lobbying.
These two kinds of activity are in fact very different. It is perfectly
legal (and highly appropriate) for a nonprofit to work for the passage
of a particular piece of legislation, during a political campaign or at
any other time. Working for the election of a particular candidate, however,
whether at federal, state, or local levels is strictly prohibited and
is cause for the nonprofit to lose its tax-exempt status. While a 501(c)(3)
group cannot work on behalf of or against candidates, there are a number
of other voter education activities, such as those described below, that
it can legally engage in. If you plan to engage in any of the following
activities, consult a nonprofit law attorney for further guidance.
Electioneering
A 501(c)(3) organization cannot endorse, contribute to, work for,
or otherwise support a candidate for public office, nor can it oppose
one. This in no way prohibits officers, individual members, or employees
from participating in a political campaign, provided that they say or
do everything as private citizens and not as spokespersons for the organization
or while using the organization's resources.
Questionanaires
Nonprofits
with a broad range of concerns can safely disseminate responses from questionnaires.
The questions must cover a broad range of subjects, be framed without
bias, and be given to all candidates for office. If a nonprofit has a
very narrow focus, however, questionnaires may pose a problem. The IRS
takes the position that a nonprofit's narrowness of focus implies endorsement
of candidates whose replies are favorable to the questions posed. The
same applies when candidates are asked to respond to a nonprofit's position
paper. Unless you are certain that your organization clearly qualifies
as covering a broad range of issues, your organization should avoid disseminating
replies from questionnaires.
Voting Records
Many nonprofits follow the useful practice of telling their
members how each member of a legislature has (over) voted on a key issue.
There is no legal problem with this practice provided that if the information
is presented and disseminated during the campaign it is done in the same
manner as it is at other times. A problem arises if an organization waits
to disseminate voting records until a campaign is under way. If your organization
has followed the practice of disseminating voting records as votes occur
throughout the year, then you are safe in publishing the record of a vote
that occurs during a campaign. If, however, your organization has not
published the records regularly throughout the year, your group may not,
during the campaign, publish a recap of the legislative votes throughout
the legislative session. That is permissible, however, after the election.
Public Forums
Nonprofits
may invite candidates to meetings or to public forums sponsored by the
organizations. The invitation must be extended to all serious candidates.
It is best to write to them all simultaneously and to use identical language
in the invitations. It is not necessary that all candidates attend. Even-handedness
must be maintained in promoting and holding such a meeting or forum. The
nonprofit should not state its views or comment on those of the candidates.
If there is a question-and answer period, each candidate must be given
an equal opportunity to answer questions, and the moderator should strive
to ensure balance. Speeches or other remarks by candidates at the forum
may be published as news items in the nonprofit's newsletter, if it is
published regularly and if its circulation is limited to the organization's
normal distribution patterns.
Testimony on Party Platforms
As part
of a lobbying effort, nonprofits may testify before party platform committees
at the national, state, or local levels. Responses to testimony may be
reported in regularly published newsletters. Both parties' platform committees
should receive copies of the testimony. Any account of the testimony and
responses may be reported in the
Nonprofit's regularly scheduled publication.
Issue Briefings and Candidate’s Statements
Issue briefings
for candidates must be extended to all the candidates running for a particular
office. A candidate may publish a position paper or statement on the issue,
but a nonprofit may not circulate the candidate's statement to the media,
the general public, or the nonprofit's members until after the election.
Membership Lists
The nonprofit
may sell, trade, or rent its list to others, including candidates for
office. If it does so, all candidates must be aware of the opportunity
and be given the same access. An organization that gives or lends its
membership list to a candidate is in effect making an illegal campaign
contribution. To stay within the law, the group must be paid fair value
in return.
This information is for general guidance and is not intended
to replace legal counsel. Courtesy of Center for Lobbying on the Public
Interest www.clipi.org
The Alliance of New York State Arts Organizations has a 29-year history as New York's primary service association for community based arts and cultural organizations. The Alliance provides leadership and vision, and delivers services, resources and tools that strengthen cultural organizations. The Alliance informs the field on statewide and national issues affecting the arts and assists local arts agencies in building community support.
245
Love Lane, P.O. Box 96
Mattituck, NY 11952-0096
Phone (631) 298-1234 /
Fax (631) 298-1101