S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5714--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 15, 2023
                                ___________
 
 Introduced  by  Sens.  CLEARE,  ASHBY,  MYRIE, SALAZAR -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Cultural   Affairs,   Tourism,   Parks  and  Recreation  --  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:
 
   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.
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08990-02-3
              

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 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. Subdivision 1 of section 3.03 of the arts  and  cultural  affairs
 law,  as  amended by chapter 205 of the laws of 2008, is amended to read
 as follows:
   1. 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. In making such appointments, due consideration
 shall  be  given  to  THE DIVERSITY OF THE STATE, HISTORIC INEQUITIES IN
 REPRESENTATION, the recommendations made by representative civic, educa-
 tional and professional  associations  and  groups,  concerned  with  or
 engaged  in the EQUITABLE production or presentation of CULTURAL PRESER-
 VATION 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, 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;
   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
 S. 5714--A                          3
 
 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[.]; AND
   11. 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.