(a) The Performing Arts Equitable Payroll Fund is hereby created in the State Treasury. (b) Upon appropriation by the Legislature, the office shall do each of the following: (1) Establish and administer a grant program using moneys in the fund to award grants for the purpose of enabling small nonprofit performing arts organizations to hire and retain employees. The organization shall pay these employees not less than the minimum wage of the city, county, or city and county of which it is subject to jurisdiction or not less than the state minimum wage, whichever is greater. (2) Administer each grant for a term of one year. (c) (1) The office shall develop criteria to evaluate eligibility for the grant program in accordance with this chapter. Included in that criteria, a small nonprofit performing arts organization shall be deemed eligible by the office if it submits the following: (A) A demonstration that its production and advertisement of performing arts events are open to the public by providing to the office at least three of the following documents from three of the small nonprofit performing arts organizationâs productions: (i) A box office report. (ii) Evidence of paid advertisements. (iii) Social media posts and internet website listings advertising the production. (iv) Email blasts advertising the production. (v) Reviews of the production. (vi) A copy of the playbill for the production. (B) Demonstrate its eligibility by providing to the office all of the following information about, policies of, and statements of the organization: (i) Certification of compliance with the California requirement on sexual harassment training pursuant to Section 12950.1. (ii) Diversity, equity, and inclusion policy with the dates the policy was created and last updated. (iii) Harassment policy with the dates the policy was created and last updated. (iv) Internet website hyperlink. (v) Mission statement. (2) The office shall deem a nonprofit performing arts organization eligible when it submits, in addition to the requirements listed in paragraph (1), all of the following: (A) The Internal Revenue Service (IRS) determination letter recognizing the organization as tax-exempt under the subsection for which it applied. (B) The articles of incorporation for the organization, including any amendments. (C) A certified Business Entity Certificate of Status showing an active status of the organization from the Secretary of State. (D) (i) Financial records, including the organizationâs filed IRS Form 990 documents from the previous three years. (ii) Where a nonprofit performing arts organization cannot produce filed IRS Form 990 documents from the previous three years, it shall attest it actively produced qualifying work in three of the previous five years and provide the filed IRS Form 990 documentation that corresponds to those years. (3) The office shall deem a fiscally sponsored performing arts organization eligible for the grant program when it submits, in addition to the requirements listed in paragraph (1), all of the following: (A) A letter evidencing the agreement between the organization and its fiscal sponsor. (B) The board minutes of the fiscal sponsor that show the date the fiscal sponsor approved the sponsorship. (C) A certified Business Entity Certificate of Status showing an active status of the fiscal sponsor from the Secretary of State. (D) An attestation by the fiscal sponsor that the sponsored organization is a performing arts organization. (E) Financial records, including the following: (i) Detailed financial information for passthrough funds going to the fiscally sponsored organization. (ii) Profit and Loss statements of fiscally sponsored organization corresponding to the same period. (iii) (I) The filed IRS Form 990 documents of the fiscal sponsor from the previous three years. (II) Where a fiscally sponsored performing arts organization did not actively produce qualifying work in the previous three years, the fiscal sp
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