Bill Text: NY S00115 | 2025-2026 | General Assembly | Introduced

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Bill Title: Increases access to resources for culturally diverse arts and culture organizations that advocate for diversity, equity and inclusion, racial and social justice, and cultural preservation.

Spectrum: Moderate Partisan Bill (Democrat 6-1)

Status: (Introduced) 2025-01-08 - REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION [S00115 Detail]

Download: New_York-2025-S00115-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           115

                               2025-2026 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 8, 2025
                                       ___________

        Introduced  by  Sens.  CLEARE,  FERNANDEZ, JACKSON, MAY, MYRIE, ROLISON,
          SALAZAR -- read twice and ordered printed,  and  when  printed  to  be
          committed  to  the  Committee  on Cultural Affairs, Tourism, Parks and
          Recreation

        AN ACT to amend the arts  and  cultural  affairs  law,  in  relation  to
          increasing access to resources for culturally diverse arts and culture
          organizations  that  advocate  for  diversity,  equity  and inclusion,
          racial and social justice, and cultural preservation

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

     1    Section  1.  Section  3.01  of  the  arts  and cultural affairs law is
     2  amended to read as follows:
     3    § 3.01. Legislative findings and declaration of policy. It  is  hereby
     4  found  that  many of our citizens lack the opportunity to view, enjoy or
     5  participate in living  cultural  and  theatrical  performances,  musical
     6  concerts,  operas,  dance  and  ballet  recitals, art exhibits, cultural
     7  exhibits, examples of fine architecture, and  the  performing  and  fine
     8  arts  generally,  and that such lack is exacerbated by racial and social
     9  inequities.  It is hereby further found that,  with  increasing  leisure
    10  time, the practice and enjoyment of the arts and culture are of increas-
    11  ing  importance  and that the general welfare of the people of the state
    12  will be promoted by giving further recognition to the arts  and  culture
    13  as  a  vital aspect of our culture and heritage and as a valued means of
    14  expanding the scope of our educational programs and funding  to  reflect
    15  cultural diversity and equity.
    16    It  is  hereby  declared  to  be  the policy of the state to join with
    17  private patrons and with institutions [and], professional organizations,
    18  and culture-based organizations concerned with [the] arts and culture to
    19  insure that cultural preservation and development and the  role  of  the
    20  arts  in the life of our communities will continue to grow and will play

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00244-01-5
        S. 115                              2

     1  an ever more significant part in the welfare and educational  experience
     2  of  our citizens and in maintaining the paramount position of this state
     3  in the nation and in the world as a cultural center.
     4    It  is further declared that all activities undertaken by the state in
     5  carrying out this  policy  shall  be  directed  toward  encouraging  and
     6  assisting  rather  than in any ways limiting the freedom of artistic and
     7  cultural expression that is essential for the well-being of the arts and
     8  culture. In furtherance thereof, it is hereby declared to be the  policy
     9  of  the  state to support and promote greater access, diversity, equity,
    10  and inclusion.
    11    § 2. Subdivision 1 of section 3.03 of the arts  and  cultural  affairs
    12  law,  as  amended by chapter 205 of the laws of 2008, is amended to read
    13  as follows:
    14    1. The council on the arts  in  the  executive  department  is  hereby
    15  continued.  The  twenty-one  members shall be, broadly representative of
    16  all fields of the performing and fine arts and cultural preservation and
    17  development, to be appointed  by  the  governor,  with  the  advice  and
    18  consent  of the senate, from among private citizens who are widely known
    19  for their professional competence and experience in connection with  the
    20  performing and fine arts. In making such appointments, due consideration
    21  shall  be  given  to  the diversity of the state, historic inequities in
    22  representation, the recommendations made by representative civic, educa-
    23  tional and professional  associations  and  groups,  concerned  with  or
    24  engaged  in the equitable production or presentation of cultural preser-
    25  vation and development, racial and social justice,  and  the  performing
    26  and fine arts generally.
    27    § 3. Section 3.05 of the arts and cultural affairs law, subdivision 10
    28  as  added  by  chapter  851  of  the laws of 1983, is amended to read as
    29  follows:
    30    § 3.05. General powers and duties of council. The council  shall  have
    31  the following powers and duties:
    32    1. To stimulate and encourage throughout the state the study and pres-
    33  entation  of  cultural  preservation  and development, racial and social
    34  justice, the performing and fine arts and public  interest  and  partic-
    35  ipation therein;
    36    2.  To  make  such  surveys  as  may be deemed advisable of public and
    37  private institutions engaged within the state in artistic  and  cultural
    38  activities,  including but not limited to, music, theatre, dance, paint-
    39  ing, sculpture, architecture, arts  and  cultural  education,  carnival,
    40  social and racial justice considerations in arts and culture, and allied
    41  arts  and  crafts,  and  to  make recommendations concerning appropriate
    42  methods to encourage participation in and appreciation of [the] arts and
    43  culture to meet the legitimate needs and aspirations of persons  in  all
    44  parts of the state;
    45    3. To take such steps as may be necessary and appropriate to encourage
    46  public  interest  in the cultural heritage and preservation and develop-
    47  ment of our state and to expand the state's cultural resources;
    48    4. To hold public or private hearings;
    49    5. To enter into contracts, within the amount available  by  appropri-
    50  ation  therefor,  with  a  diversity  of  individuals, organizations and
    51  institutions for services furthering the educational and  equity  objec-
    52  tives  of  the  council's programs, including consideration of equitable
    53  access to contracting opportunities;
    54    6. To enter into contracts, within the amount available  by  appropri-
    55  ation  therefor, with a diversity of local and regional associations for
    56  cooperative endeavors furthering the educational and  equity  objectives
        S. 115                              3

     1  of  the  council's programs, including consideration of equitable access
     2  to contracting opportunities;
     3    7.  To  accept gifts, contributions and bequests of unrestricted funds
     4  from individuals, foundations, corporations and other  organizations  or
     5  institutions  for  the  purpose of furthering the educational and equity
     6  objectives of the council's programs;
     7    8. To make and sign any agreements and to do and to perform  any  acts
     8  that  may be necessary, desirable or proper to carry out the purposes of
     9  this chapter;
    10    9. To promote tourism by supporting arts and cultural  projects  which
    11  would  stimulate  tourism  and improve the state's attractions for tour-
    12  ists[.];
    13    10. To administer the New York state musical instrument revolving fund
    14  in accordance with the provisions of section ninety-seven-v of the state
    15  finance law[.]; and
    16    11. To engage and support culturally diverse not-for-profit  arts  and
    17  culture  organizations  that  advocate  for  access,  diversity, equity,
    18  inclusion, and racial and social justice.
    19    § 4. Section 3.11 of the arts and cultural affairs law is  amended  to
    20  read as follows:
    21    § 3.11. Grants  by  council;  consideration  to certain applicants. In
    22  issuing grants to applicants for council funds in the  [area]  areas  of
    23  cultural  preservation and development and the performing arts the coun-
    24  cil may give consideration to the applicant's demonstration of an abili-
    25  ty to use arts or culture as a tool to address racial and social justice
    26  issues or enhance the state's capacity to attract tourists, as evidenced
    27  by showing that significant numbers of persons in such audiences are  or
    28  will be attracted to the applicant's geographical area by reason of such
    29  applicant's  program  and evidence of advertising and publicity designed
    30  and planned in such a  manner  as  to  reach  potential  audiences  from
    31  outside the applicant's geographical area.
    32    § 5. This act shall take effect immediately.