BILL NUMBER: S115
SPONSOR: CLEARE
 
TITLE OF BILL:
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
 
PURPOSE OR GENERAL IDEA OF BILL:
To increase access to resources for culturally diverse arts and culture
organizations that advocate for diversity, equity and inclusion, racial
and social justice, and cultural preservation
 
SUMMARY OF PROVISIONS:
Section 1 amends Section 3.01 of the arts and cultural affairs law as
follows: Expands the legislative finding and declaration of policy to
include arts and culture, racial and social justice, diversity and equi-
ty, cultural preservation and development, and cultural-based organiza-
tions.
Section 2 amends Section 3.03: Expands the Council on the Arts to
include culture preservation and racial and social justice represen-
tatives. Ensures equitable consideration to appointments engaged with
culture preservation and development, racial and social justice.
Section 3 amends Section 3.05: Expands the general powers and duties of
the council to study and present cultural preservation and development
and racial and social justice. Expands surveys to include education,
creative economy, and social justice, to foster a deeper level of
participation and appreciation of arts and culture. Expands public
interest in cultural heritage to focus on preservation and development.
Ensures contracts are given to diverse individuals, organizations and
institutions furthering equity of the Council's educational objectives
and programs, to establish equitable contracting opportunities for all
communities. Engages and supports culturally diverse not-for-profit arts
and culture organizations that advocate for diversity, equity, inclu-
sion, and racial and social justice.
Section 4 amends Section 3.11: Expands the Council's consideration of
grants to diverse applicants to include cultural preservation and devel-
opment and racial and social justice. Ensures grant applicants demon-
strate the ability to enhance State's capacity to attract economic
development and facilitate public health and public safety solutions.
Grant applicants must demonstrate the ability to use arts and culture as
a tool to address racial and social justice issues.
Section 5 provides for an immediate effective date.
 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
N/A
 
JUSTIFICATION:
New York City revisited the City Charter's preamble to institute equity
in the city's foundation. It is now the responsibility of the state to
ensure it is a "just and equitable state for all." New York can be a
national leader in instituting equitable practices for the state through
the arts and culture sector. Arts and culture are vital tools in the
process of ensuring equity, inclusion, diversity, and justice. Yet, arts
and culture organizations that are fit to do this work have not had
equitable access to these resources throughout New York State.
The Arts and Cultural Affairs Law currently has limiting definitions
that restrict access to resources for culturally diverse organizations.
Chapter 3 outlines the power of the New York State Council of the Arts,
which focuses on giving resources to organizations and individuals that
promote tourism through fine and performing arts. Most organizations
that serve people of color, underserved communities, and creatives of
color focus not only on tourism, but also utilize arts and culture to
foster identity, social cohesion, cultural preservation, public health,
public safety, and more. The current language of the law hinders this
part of the sector's ability to access funding equitably as they compete
with organizations and creatives that focus solely on tourism. As this
is a law for arts and culture, the law should reflect the inclusion and
prioritization of cultural organizations and institutions that focus on
the health and welfare of communities.
These amendments would ensure the expansion of resources to include:
arts and culture, racial and social justice, diversity and equity,
cultural preservation and development, and cultural-based organizations.
These entities play an important role in addressing and creating econom-
ic development and facilitating public health and public safety
solutions.
 
PRIOR LEGISLATIVE HISTORY:
Passed Senate; 2023-24.
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
 
EFFECTIVE DATE:
Immediately.

Statutes affected:
S115: 3.01 arts and cultural affairs law, 3.03 arts and cultural affairs law, 3.03(1) arts and cultural affairs law, 3.05 arts and cultural affairs law, 3.11 arts and cultural affairs law