Bill Text: NY A04912 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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: Partisan Bill (Democrat 8-0)

Status: (Introduced) 2024-01-03 - referred to tourism, parks, arts and sports development [A04912 Detail]

Download: New_York-2023-A04912-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4912

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 24, 2023
                                       ___________

        Introduced  by  M.  of  A.  CUNNINGHAM  -- read once and referred to the
          Committee on Transportation

        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, examples of
     7  fine architecture, racial and social justice,  and  the  performing  and
     8  fine  arts  generally.  It is hereby further found that, with increasing
     9  leisure time, the practice and enjoyment of the arts and culture are  of
    10  increasing  importance and that the general welfare of the people of the
    11  state will be promoted by giving further recognition  to  the  arts  and
    12  culture  as  a  vital aspect of our culture and heritage and as a valued
    13  means of expanding the scope of our educational programs and funding  to
    14  reflect cultural diversity and equity.
    15    It  is  hereby  declared  to  be  the policy of the state to join with
    16  private patrons and with institutions [and], professional organizations,
    17  and culture-based organizations concerned with [the] arts and culture to
    18  insure that cultural preservation and development and the  role  of  the
    19  arts  in the life of our communities will continue to grow and will play
    20  an ever more significant part in the welfare and educational  experience
    21  of  our citizens and in maintaining the paramount position of this state
    22  in the nation and in the world as a cultural center.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08990-01-3
        A. 4912                             2

     1    It is further declared that all activities undertaken by the state  in
     2  carrying  out  this  policy  shall  be  directed  toward encouraging and
     3  assisting rather than in any ways limiting the freedom of  artistic  and
     4  cultural expression that is essential for the well-being of the arts and
     5  culture.
     6    §  2.  Subdivision  1 of section 3.03 of the arts and cultural affairs
     7  law, as amended by chapter 205 of the laws of 2008, is amended  to  read
     8  as follows:
     9    1.  The  council  on  the  arts  in the executive department is hereby
    10  continued. The twenty-one members shall be,  broadly  representative  of
    11  all  fields  of cultural preservation and development, racial and social
    12  justice, the performing and fine arts, to be appointed by the  governor,
    13  with  the  advice and consent of the senate, from among private citizens
    14  who are widely known for their professional competence and experience in
    15  connection with the performing and fine arts. In  making  such  appoint-
    16  ments,  due  consideration shall be given to the recommendations made by
    17  representative civic,  educational  and  professional  associations  and
    18  groups, concerned with or engaged in the equitable production or presen-
    19  tation  of  cultural  preservation  and  development,  racial and social
    20  justice, and the performing and fine arts generally.
    21    § 3. Section 3.05 of the arts and cultural affairs law, subdivision 10
    22  as added by chapter 851 of the laws of  1983,  is  amended  to  read  as
    23  follows:
    24    § 3.05. General  powers  and duties of council. The council shall have
    25  the following powers and duties:
    26    1. To stimulate and encourage throughout the state the study and pres-
    27  entation of cultural preservation and  development,  racial  and  social
    28  justice,  the  performing  and fine arts and public interest and partic-
    29  ipation therein;
    30    2. To make such surveys as may  be  deemed  advisable  of  public  and
    31  private  institutions  engaged within the state in artistic and cultural
    32  activities, including but not limited to, music, theatre, dance,  paint-
    33  ing,  sculpture,  architecture, education, carnival, social justice, and
    34  allied arts and crafts, and to make recommendations concerning appropri-
    35  ate methods to encourage participation in and appreciation of [the] arts
    36  and culture to meet the legitimate needs and aspirations of  persons  in
    37  all parts of the state;
    38    3. To take such steps as may be necessary and appropriate to encourage
    39  public  interest  in the cultural heritage and preservation and develop-
    40  ment of our state and to expand the state's cultural resources;
    41    4. To hold public or private hearings;
    42    5. To enter into contracts, within the amount available  by  appropri-
    43  ation therefor, with diverse individuals, organizations and institutions
    44  for  services  furthering  [the  educational objectives of the council's
    45  programs] equity of the council's educational objectives and programs;
    46    6. To enter into contracts, within the amount available  by  appropri-
    47  ation therefor, with diverse local and regional associations for cooper-
    48  ative  endeavors furthering [the educational objectives of the council's
    49  programs] equity of the council's educational objectives and programs;
    50    7. To enter into contracts, within the amount available  by  appropri-
    51  ation  therefor,  ensuring equitable access to contracting opportunities
    52  for all communities;
    53    8. To accept gifts, contributions and bequests of  unrestricted  funds
    54  from  individuals,  foundations, corporations and other organizations or
    55  institutions for the purpose of furthering the educational objectives of
    56  the council's programs;
        A. 4912                             3

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