NY State Senate Bill 2021-S9220

Senate Bill S9220

2021-2022 Legislative Session

download bill text pdf

Archive: Last Bill Status - In Senate Committee Cultural Affairs, Tourism, Parks And Recreation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 12, 2022	referred to cultural affairs, tourism, parks and recreation

2021-S9220 (ACTIVE) - Details

Current Committee:: Senate Cultural Affairs, Tourism, Parks And Recreation
Law Section:: Arts and Cultural Affairs Law
Laws Affected:: Amd §§3.01 & 3.19, Arts & Cul L
Versions Introduced in Other Legislative Sessions:: 2023-2024: S1648
2025-2026: S3037

2021-S9220 (ACTIVE) - Summary

Requires that an organization applying for grant funding shall provide to the council on the arts a certification that it will enter into a labor peace agreement with at least one bona fide labor organization either where such bona fide labor organization is actively representing employees providing services covered by the organization seeking such grant funding or upon notice by a bona fide labor organization that is attempting to represent employees who will provide services to the organization seeking such grant funding.

2021-S9220 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9220

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act to amend the arts and cultural affairs law, in relation to
requiring that an organization applying for grant funding shall provide
to the council on the arts a certification that it will enter into a
labor peace agreement with at least one bona fide labor organization
under certain circumstances

 
PURPOSE OR GENERAL IDEA OF BILL:

Requires that an organization applying for grant funding shall provide
to the council on the arts a certification that it will enter into a
labor peace agreement with at least one bona fide labor organization

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends section 3.01 of the arts and cultural
affairs law to clarify that grants awarded by the council on arts shall
go to projects that provide a living wage.

Section 2 amends section 3.19 of the arts and cultural affairs law by
adding paragraph (d) of subdivision 1 to require that any organization
applying for grant funding shall provide to the council on the arts a
certification that it will enter into a labor peace agreement with at
least one bona fide labor organization

Section 3 is the effective date; this act shall take effect immediately.

 
JUSTIFICATION:

Unlike other industries, for years many parts of the arts sector have
relied on a culture of exploitation where workers who are just starting
out or looking to build their careers are expected to work for free or a
stipend well below minimum wage in order to gain experience.

For example, a pre-pandemic study by the City of New York found that
theaters in the city were responsible for $1.3 billion in economic
output. But the workers who bring such shows to the stage were not shar-
ing in the economic benefit.According to the study, 61 percent of thea-
ters with budgets of $1 million and under, relied on volunteer labor.
Even today, there are hundreds of "unpaid" jobs listed on popular sites
like Backstage.com in the New York region.

This trend toward unpaid labor also fosters a culture of exclusion.
Asking workers to "work for free" or modest stipends often excludes
workers of color and other marginalized communities that do not come
from families with generational wealth.

The State of New York can help set a floor for fair treatment and help
the entire arts sector build back a fairer industry by requiring that
all grants issued by the New York State Arts Council require employers
to compensate workers with a living wage. Such rules are already common
in other "gig" sectors, such as the building trades.

Prior to the pandemic, the average nonprofit arts attendee generated
another $31 in economic activity beyond the cost of admission - every-
thing from dinner and drinks to parking, transportation, and travel to
childcare. Ensuring these workers are paid the equivalent area wage
standard means they not only can share in that economic success but are
protected with unemployment and workers' compensation.

The professional performers and related or supporting professionals
employed on projects and productions that create the performing and fine
arts, and are the basis of the arts economy in New York, State must not
be left behind. Workers in the arts sector have been disproportionately
impacted by the COVID-19 pandemic, with 50 percent of performing arts
jobs disappearing, causing many workers to leave the arts sector alto-
gether. By raising wage and safety standards and increasing arts funding
together, New York State can lead the way in an arts-driven recovery
that not only strengthens our economy, but workers too.

 
PRIOR LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S9220 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9220
 
                             I N  S E N A T E
 
                               May 12, 2022
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- 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
   requiring  that  an  organization  applying  for  grant  funding shall
   provide to the council on the arts a certification that it will  enter
   into  a labor peace agreement with at least one bona fide labor organ-
   ization under certain circumstances
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.    Section  3.01  of  the arts and cultural affairs law is
 amended to read as follows:
   § 3.01. Legislative findings and declaration of policy. It  is  hereby
 found  that  many of our citizens lack the opportunity to view, enjoy or
 participate in living theatrical performances, musical concerts, operas,
 dance and ballet recitals, art exhibits, examples of fine  architecture,
 and  the  performing and fine arts generally. It is hereby further found
 that, with increasing leisure time, the practice and  enjoyment  of  the
 arts  are  of  increasing importance and that the general welfare of the
 people of the state will be promoted by giving  further  recognition  to
 the  arts  as a vital aspect of our culture and heritage and as a valued
 means of expanding the scope of our educational programs.
   It is hereby declared to be the policy  of  the  state  to  join  with
 private  patrons  and  with  institutions and professional organizations
 concerned with the arts to insure that the role of the arts in the  life
 of  our  communities  will  continue  to grow and will play an ever more
 significant part in the welfare and educational experience of our  citi-
 zens  and  in  maintaining  the  paramount position of this state in the
 nation and in the world as a cultural center.
   THE LEGISLATURE FURTHER FINDS THAT THE INVESTMENT OF FUNDS BY THE  NEW
 YORK  STATE  COUNCIL  ON THE ARTS CAN PROVIDE A VITAL ECONOMIC ENGINE TO
 ASSIST, NURTURE, DEVELOP, AND PROMOTE REGIONAL ECONOMIC DEVELOPMENT, THE
 STATE TOURISM INDUSTRY AND THE GROWTH OF JOBS IN  THE  STATE.    INDEED,
 ATTENDEES  OF  ARTS  PROGRAMMING  GENERATE ECONOMIC ACTIVITY IN NEW YORK
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15836-01-2
 S. 9220                             2
 
 STATE FAR BEYOND THE COST OF ADMISSION, FROM FOOD AND DRINK, TO PARKING,
 TRANSPORTATION, TRAVEL, AND CHILDCARE REVENUES, AMONG OTHERS.
   THE  PROFESSIONAL  PERFORMERS  AND RELATED OR SUPPORTING PROFESSIONALS
 EMPLOYED ON PROJECTS AND PRODUCTIONS THAT CREATE THE PERFORMING AND FINE
 ARTS, AND ARE THE BASIS OF THE ARTS ECONOMY IN NEW YORK STATE  AND  MUST
 NOT  BE  LEFT  BEHIND.  THEREFORE,  THE STATE LEGISLATURE FINDS THAT THE
 STATE HAS A SUBSTANTIAL AND COMPELLING PROPRIETARY INTEREST IN ANY FUNDS
 AWARDED IN THE  FINE  AND  PERFORMING  ARTS.    THE  LEGISLATURE  HEREBY
 DECLARES  THAT  THE MANDATE OF A LIVING WAGE FOR PROJECTS AWARDED GRANTS
 BY THE COUNCIL ON THE ARTS IS CENTRAL TO ENSURING THE  CONTINUED  AVAIL-
 ABILITY  OF  THE  FINE  AND  PERFORMING  ARTS IN NEW YORK STATE, AND THE
 CONCOMITANT ECONOMIC BENEFITS THEREWITH, AND FURTHER  THAT  THE  STATE'S
 PROPRIETARY  INTEREST  WITH  REGARD  TO  SUCH  FUNDS  COULD BE ADVERSELY
 AFFECTED BY LABOR-MANAGEMENT CONFLICT.
   It is further declared that all activities undertaken by the state  in
 carrying  out  this  policy  shall  be  directed  toward encouraging and
 assisting rather than in any  ways  limiting  the  freedom  of  artistic
 expression that is essential for the well-being of the arts.
   §  2.  Paragraph  (d) of subdivision 1 of section 3.19 of the arts and
 cultural affairs law, as added by chapter 16 of the  laws  of  2017,  is
 amended to read as follows:
   (d)  ANY  ORGANIZATION APPLYING FOR GRANT FUNDING SHALL PROVIDE TO THE
 COUNCIL ON THE ARTS A CERTIFICATION THAT IT  WILL  ENTER  INTO  A  LABOR
 PEACE  AGREEMENT  WITH  AT LEAST ONE BONA FIDE LABOR ORGANIZATION EITHER
 WHERE SUCH BONA FIDE LABOR ORGANIZATION IS ACTIVELY REPRESENTING EMPLOY-
 EES PROVIDING SERVICES COVERED BY THE ORGANIZATION  SEEKING  SUCH  GRANT
 FUNDING  OR  UPON  NOTICE  BY  A  BONA  FIDE  LABOR ORGANIZATION THAT IS
 ATTEMPTING TO REPRESENT EMPLOYEES  WHO  WILL  PROVIDE  SERVICES  TO  THE
 ORGANIZATION  SEEKING  SUCH  GRANT  FUNDING.   THE MAINTENANCE OF SUCH A
 LABOR PEACE AGREEMENT SHALL BE AN ONGOING MATERIAL CONDITION FOR RECEIPT
 OF GRANT FUNDING UNDER THIS ARTICLE.   FOR  PURPOSES  OF  THIS  SECTION,
 "LABOR  PEACE  AGREEMENT" MEANS AN AGREEMENT BETWEEN AN ENTITY AND LABOR
 ORGANIZATION THAT, AT A MINIMUM, PROTECTS THE STATE'S PROPRIETARY INTER-
 ESTS BY PROHIBITING LABOR ORGANIZATIONS AND  MEMBERS  FROM  ENGAGING  IN
 PICKETING, WORK STOPPAGES, BOYCOTTS, AND ANY OTHER ECONOMIC INTERFERENCE
 WITH THE ENTITY.
   (E)  Any  applicant which fails to demonstrate that grant funds are to
 be used toward programs in the  state  shall  be  deemed  ineligible  to
 receive  grant funding under this article. Any organization, when apply-
 ing for grant funding, shall provide in its grant application  materials
 documentation demonstrating compliance with this provision.
   § 3. This act shall take effect immediately.

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