Senate Bill S115A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  115--A
     Cal. No. 276
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (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 -- reported favorably from said committee, ordered to first
   and second report, ordered to a third reading, passed  by  Senate  and
   delivered  to  the  Assembly, recalled, vote reconsidered, restored to
   third reading, amended and ordered reprinted, retaining its  place  in
   the order of third reading
 
 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:
 
   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  CULTURAL  AND  theatrical performances, musical
 concerts, operas, dance and  ballet  recitals,  art  exhibits,  CULTURAL
 EXHIBITS,  examples  of  fine  architecture, and the performing and fine
 arts generally, AND THAT SUCH LACK IS EXACERBATED BY RACIAL  AND  SOCIAL
 INEQUITIES.    It  is hereby further found that, with increasing leisure
 time, the practice and enjoyment of the arts AND CULTURE are of increas-
 ing importance and that the general welfare of the people of  the  state
 will  be  promoted by giving further recognition to the arts AND CULTURE
 as a vital aspect of our culture and heritage and as a valued  means  of
 expanding  the  scope of our educational programs AND FUNDING TO REFLECT
 CULTURAL DIVERSITY AND EQUITY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00244-03-5
 S. 115--A                           2
 
   It is hereby declared to be the policy  of  the  state  to  join  with
 private patrons and with institutions [and], professional organizations,
 AND CULTURE-BASED ORGANIZATIONS concerned with [the] arts AND CULTURE to
 insure  that  CULTURAL  PRESERVATION AND DEVELOPMENT AND 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 citizens and in maintaining the paramount position of this state
 in the nation and in the world as a cultural center.
   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  AND
 CULTURAL expression that is essential for the well-being of the arts AND
 CULTURE.  IN FURTHERANCE THEREOF, IT IS HEREBY DECLARED TO BE THE POLICY
 OF THE STATE TO SUPPORT AND PROMOTE GREATER ACCESS,  DIVERSITY,  EQUITY,
 AND INCLUSION.
   §  2.  Paragraph  (a) of subdivision 1 of section 3.03 of the arts and
 cultural affairs law, as amended by chapter 629 of the laws of 2024,  is
 amended to read as follows:
   (a)  The  council  on  the  arts in the executive department is hereby
 continued. The twenty-one members shall be,  broadly  representative  of
 all fields of the performing and fine arts AND CULTURAL PRESERVATION AND
 DEVELOPMENT,  to  be  appointed  by  the  governor,  with the advice and
 consent of the senate, from among private citizens who are widely  known
 for  their professional competence and experience in connection with the
 performing and fine arts; provided, however, that the council shall have
 at least one member from each of the ten regions of the state,  as  such
 regions  are  defined  by  the  empire state development corporation. In
 making such appointments, due consideration shall be given to THE DIVER-
 SITY OF THE STATE, HISTORIC INEQUITIES IN REPRESENTATION, the  recommen-
 dations made by representative civic, educational and professional asso-
 ciations  and  groups,  concerned  with  or  engaged  in  the  EQUITABLE
 production or presentation of  CULTURAL  PRESERVATION  AND  DEVELOPMENT,
 RACIAL AND SOCIAL JUSTICE, AND the performing and fine arts generally.
   § 3. Section 3.05 of the arts and cultural affairs law, subdivision 10
 as  added by chapter 851 of the laws of 1983 and subdivision 11 as added
 by chapter 677 of the laws of 2024, is amended to read as follows:
   § 3.05. General powers and duties of council. The council  shall  have
 the following powers and duties:
   1. To stimulate and encourage throughout the state the study and pres-
 entation  of  CULTURAL  PRESERVATION  AND DEVELOPMENT, RACIAL AND SOCIAL
 JUSTICE, the performing and fine arts and public  interest  and  partic-
 ipation therein;
   2.  To  make  such  surveys  as  may be deemed advisable of public and
 private institutions engaged within the state in artistic  and  cultural
 activities,  including but not limited to, music, theatre, dance, paint-
 ing, sculpture, architecture, ARTS  AND  CULTURAL  EDUCATION,  CARNIVAL,
 SOCIAL AND RACIAL JUSTICE CONSIDERATIONS IN ARTS AND CULTURE, and allied
 arts  and  crafts,  and  to  make recommendations concerning appropriate
 methods to encourage participation in and appreciation of [the] arts AND
 CULTURE to meet the legitimate needs and aspirations of persons  in  all
 parts of the state;
   3. To take such steps as may be necessary and appropriate to encourage
 public  interest  in the cultural heritage AND PRESERVATION AND DEVELOP-
 MENT of our state and to expand the state's cultural resources;
   4. To hold public or private hearings;
 S. 115--A                           3
 
   5. To enter into contracts, within the amount available  by  appropri-
 ation  therefor,  with  A  DIVERSITY  OF  individuals, organizations and
 institutions for services furthering the educational AND  EQUITY  objec-
 tives  of  the  council's programs, INCLUDING CONSIDERATION OF EQUITABLE
 ACCESS TO CONTRACTING OPPORTUNITIES;
   6.  To  enter into contracts, within the amount available by appropri-
 ation therefor, with A DIVERSITY OF local and regional associations  for
 cooperative  endeavors  furthering the educational AND EQUITY objectives
 of the council's programs, INCLUDING CONSIDERATION OF  EQUITABLE  ACCESS
 TO CONTRACTING OPPORTUNITIES;
   7.  To  accept gifts, contributions and bequests of unrestricted funds
 from individuals, foundations, corporations and other  organizations  or
 institutions  for  the  purpose of furthering the educational AND EQUITY
 objectives of the council's programs;
   8. To make and sign any agreements and to do and to perform  any  acts
 that  may be necessary, desirable or proper to carry out the purposes of
 this chapter;
   9. To promote tourism by supporting arts and cultural  projects  which
 would  stimulate  tourism  and improve the state's attractions for tour-
 ists[.];
   10. To administer the New York state musical instrument revolving fund
 in accordance with the provisions of section ninety-seven-v of the state
 finance law[.];
   11. To promote regions of cultural significance by providing  cultural
 institutions  within such regions grants, technical assistance, or other
 assistance authorized by this section as the council deems  appropriate,
 including,  but  not limited to, East Harlem, also known as "El Barrio".
 This region shall be bounded by East  96th  Street  on  the  South,  5th
 Avenue on the West, East 125th Street on the North and the East River on
 the  East.  The  council  may  designate  additional regions of cultural
 significance at its  discretion  but  such  regions  shall  be  compact,
 contiguous,  and have an identifiable cultural heritage which unites the
 region[.]; AND
   12. TO ENGAGE AND SUPPORT CULTURALLY DIVERSE NOT-FOR-PROFIT  ARTS  AND
 CULTURE  ORGANIZATIONS  THAT  ADVOCATE  FOR  ACCESS,  DIVERSITY, EQUITY,
 INCLUSION, AND RACIAL AND SOCIAL JUSTICE.
   § 4. Section 3.11 of the arts and cultural affairs law is  amended  to
 read as follows:
   § 3.11. Grants  by  council;  consideration  to certain applicants. In
 issuing grants to applicants for council funds in the  [area]  AREAS  of
 CULTURAL  PRESERVATION AND DEVELOPMENT AND the performing arts the coun-
 cil may give consideration to the applicant's demonstration of an abili-
 ty to USE ARTS OR CULTURE AS A TOOL TO ADDRESS RACIAL AND SOCIAL JUSTICE
 ISSUES OR enhance the state's capacity to attract tourists, as evidenced
 by showing that significant numbers of persons in such audiences are  or
 will be attracted to the applicant's geographical area by reason of such
 applicant's  program  and evidence of advertising and publicity designed
 and planned in such a  manner  as  to  reach  potential  audiences  from
 outside the applicant's geographical area.
   § 5. This act shall take effect immediately.