BILL NUMBER: S5454
SPONSOR: JACKSON
 
TITLE OF BILL:
An act to amend the tax law, in relation to imposing a special tax on
artwork, antique furniture, and antique jewelry sold at auction; and to
amend the state finance law, in relation to establishing the art educa-
tion fund
 
PURPOSE:
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SUMMARY OF PROVISIONS:
Section 1 adds a new Article 28-E to the Tax Law that creates a special
tax on artwork, antique furniture, and antique jewelry sold at auction.
Section 2 adds a new Section 97-UUUU to the State Finance Law that
creates an art education fund whereby the revenues received from the
special tax under Section 1 of this act shall be deposited in the art
education fund. These funds shall be made available to the New York
State Council on the Arts ("NYSCA") for the purpose of providing assist-
ance for art education and art supplies for grades K-12 at public
schools that receive federal funds under Title 1 of the Elementary and
Secondary Act of 1965. Art education includes activities such as paint-
ing, visual arts, field trips to museums or other institutions recog-
nized by NYSCA, and stipends for artists in residence. Any funds not
spent at the end of each fiscal year in the art education fund shall be
deposited into the state's general fund. NYSCA shall establish guide-
lines necessary to administer the fund, and shall provide by September
1st of each year a report to the governor, the temporary president of
the Senate, the speaker of the Assembly, the chair of the Senate finance
committee, and the chair of the Assembly ways and means committee
detailing the guidelines established by NYSCA and a complete financial
statement.
Section 3 is the effective date.
 
JUSTIFICATION:
New York is considered by many as the cultural capital of the world and
one of the major art marketplaces of the world, yet our schools can
barely provide basic levels of art education due to budgetary
constraints.
By creating an "art education fund" administered by NYSCA and funded by
a special tax on artwork, antique furniture, and antique jewelry sold at
auction, many more of the children of our great state will be able to
access and learn about the arts and in some cases become the arts enthu-
siasts and collectors of tomorrow.
 
LEGISLATIVE HISTORY:
2021-2022: S.5317 - Referred to Budget and Revenue/A.7262 - Referred to
Ways and Means
 
STATE AND LOCAL FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law. Effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date are authorized
to be made and completed on or before such effective date.