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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4912A Revised 5/19/2023
SPONSOR: Cunningham 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):
Clarifies language around racial and social inequity, diversity and
inclusion, and access to contracting opportunities.
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:
2023: A.4912/S.5714 - Referred to Tourism, Parks, Arts and Sports Devel-
opment
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
4912--A
2023-2024 Regular Sessions
IN ASSEMBLY
February 24, 2023
___________
Introduced by M. of A. CUNNINGHAM, GIBBS, DICKENS, HYNDMAN, BURGOS,
SIMON -- read once and referred to the Committee on Transportation --
reference changed to the Committee on Tourism, Parks, Arts and Sports
Development -- committee discharged, bill amended, ordered reprinted
as amended and recommitted to said committee
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, cultural
7 exhibits, examples of fine architecture, and the performing and fine
8 arts generally, and that such lack is exacerbated by racial and social
9 inequities. It is hereby further found that, with increasing leisure
10 time, the practice and enjoyment of the arts and culture are of increas-
11 ing importance and that the general welfare of the people of the state
12 will be promoted by giving further recognition to the arts and culture
13 as a vital aspect of our culture and heritage and as a valued means of
14 expanding the scope of our educational programs and funding to reflect
15 cultural diversity and equity.
16 It is hereby declared to be the policy of the state to join with
17 private patrons and with institutions [and], professional organizations,
18 and culture-based organizations concerned with [the] arts and culture to
19 insure that cultural preservation and development and the role of the
20 arts in the life of our communities will continue to grow and will play
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08990-03-3
A. 4912--A 2
1 an ever more significant part in the welfare and educational experience
2 of our citizens and in maintaining the paramount position of this state
3 in the nation and in the world as a cultural center.
4 It is further declared that all activities undertaken by the state in
5 carrying out this policy shall be directed toward encouraging and
6 assisting rather than in any ways limiting the freedom of artistic and
7 cultural expression that is essential for the well-being of the arts and
8 culture. In furtherance thereof, it is hereby declared to be the policy
9 of the state to support and promote greater access, diversity, equity,
10 and inclusion.
11 § 2. Subdivision 1 of section 3.03 of the arts and cultural affairs
12 law, as amended by chapter 205 of the laws of 2008, is amended to read
13 as follows:
14 1. The council on the arts in the executive department is hereby
15 continued. The twenty-one members shall be, broadly representative of
16 all fields of the performing and fine arts and cultural preservation and
17 development, to be appointed by the governor, with the advice and
18 consent of the senate, from among private citizens who are widely known
19 for their professional competence and experience in connection with the
20 performing and fine arts. In making such appointments, due consideration
21 shall be given to the diversity of the state, historic inequities in
22 representation, the recommendations made by representative civic, educa-
23 tional and professional associations and groups, concerned with or
24 engaged in the equitable production or presentation of cultural preser-
25 vation and development, racial and social justice, and the performing
26 and fine arts generally.
27 § 3. Section 3.05 of the arts and cultural affairs law, subdivision 10
28 as added by chapter 851 of the laws of 1983, is amended to read as
29 follows:
30 § 3.05. General powers and duties of council. The council shall have
31 the following powers and duties:
32 1. To stimulate and encourage throughout the state the study and pres-
33 entation of cultural preservation and development, racial and social
34 justice, the performing and fine arts and public interest and partic-
35 ipation therein;
36 2. To make such surveys as may be deemed advisable of public and
37 private institutions engaged within the state in artistic and cultural
38 activities, including but not limited to, music, theatre, dance, paint-
39 ing, sculpture, architecture, arts and cultural education, carnival,
40 social and racial justice considerations in arts and culture, and allied
41 arts and crafts, and to make recommendations concerning appropriate
42 methods to encourage participation in and appreciation of [the] arts and
43 culture to meet the legitimate needs and aspirations of persons in all
44 parts of the state;
45 3. To take such steps as may be necessary and appropriate to encourage
46 public interest in the cultural heritage and preservation and develop-
47 ment of our state and to expand the state's cultural resources;
48 4. To hold public or private hearings;
49 5. To enter into contracts, within the amount available by appropri-
50 ation therefor, with a diversity of individuals, organizations and
51 institutions for services furthering the educational and equity objec-
52 tives of the council's programs, including consideration of equitable
53 access to contracting opportunities;
54 6. To enter into contracts, within the amount available by appropri-
55 ation therefor, with a diversity of local and regional associations for
56 cooperative endeavors furthering the educational and equity objectives
A. 4912--A 3
1 of the council's programs, including consideration of equitable access
2 to contracting opportunities;
3 7. To accept gifts, contributions and bequests of unrestricted funds
4 from individuals, foundations, corporations and other organizations or
5 institutions for the purpose of furthering the educational and equity
6 objectives of the council's programs;
7 8. To make and sign any agreements and to do and to perform any acts
8 that may be necessary, desirable or proper to carry out the purposes of
9 this chapter;
10 9. To promote tourism by supporting arts and cultural projects which
11 would stimulate tourism and improve the state's attractions for tour-
12 ists[.];
13 10. To administer the New York state musical instrument revolving fund
14 in accordance with the provisions of section ninety-seven-v of the state
15 finance law[.]; and
16 11. To engage and support culturally diverse not-for-profit arts and
17 culture organizations that advocate for access, diversity, equity,
18 inclusion, and racial and social justice.
19 § 4. Section 3.11 of the arts and cultural affairs law is amended to
20 read as follows:
21 § 3.11. Grants by council; consideration to certain applicants. In
22 issuing grants to applicants for council funds in the [area] areas of
23 cultural preservation and development and the performing arts the coun-
24 cil may give consideration to the applicant's demonstration of an abili-
25 ty to use arts or culture as a tool to address racial and social justice
26 issues or enhance the state's capacity to attract tourists, as evidenced
27 by showing that significant numbers of persons in such audiences are or
28 will be attracted to the applicant's geographical area by reason of such
29 applicant's program and evidence of advertising and publicity designed
30 and planned in such a manner as to reach potential audiences from
31 outside the applicant's geographical area.
32 § 5. This act shall take effect immediately.
