BILL NUMBER: S1648A
SPONSOR: HOYLMAN-SIGAL
 
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 arts agencies a certification that it will enter into a labor peace
agreement with at least one bona fide labor organization under certain
circumstances; and to amend the labor law, in relation to prevailing
wage requirement for not-for-profit theaters and payment of their
employees on productions funded by the New York state council on the
arts or arts agencies of localities
 
PURPOSE:
Requires that an organization applying for grant funding shall provide
to arts agencies a certification that it will enter into a labor peace
agreement with at least one bona fide labor organization. Also estab-
lishes a prevailing wage requirement for not-for-profit theaters.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill amends section 3.01 of the arts and cultural
affairs law to clarify that grants awarded by arts agencies 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 arts agencies a certif-
ication that it will enter into a labor peace agreement with at least
one bona fide labor organization
Section 3 amends the labor law to add a new article 8-B to establish the
prevailing wage requirement for not-for-profit theaters.
Section 4 is the severability clause. Section 5 is the effective date.
 
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 generation-
al 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 arts agencies require employers to compensate work-
ers 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.
 
LEGISLATIVE HISTORY:
S.9220 of 2021-2022 (Hoylman): Died in Cultural Affairs, Tourism, Parks
and Recreation
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S1648: 3.01 arts and cultural affairs law, 3.19 arts and cultural affairs law, 3.19(1) arts and cultural affairs law
S1648A: 3.01 arts and cultural affairs law, 3.19 arts and cultural affairs law, 3.19(1) arts and cultural affairs law