S T A T E O F N E W Y O R K
________________________________________________________________________
115--A
Cal. No. 276
2025-2026 Regular Sessions
I N S E N A T E
(PREFILED)
January 8, 2025
___________
Introduced by Sens. CLEARE, FERNANDEZ, JACKSON, MAY, MYRIE, ROLISON,
SALAZAR -- read twice and ordered printed, and when printed to be
committed to the Committee on Cultural Affairs, Tourism, Parks and
Recreation -- reported favorably from said committee, ordered to first
and second report, ordered to a third reading, passed by Senate and
delivered to the Assembly, recalled, vote reconsidered, restored to
third reading, amended and ordered reprinted, retaining its place in
the order of third reading
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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00244-03-5
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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
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. Paragraph (a) of subdivision 1 of section 3.03 of the arts and
cultural affairs law, as amended by chapter 629 of the laws of 2024, is
amended to read as follows:
(a) 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; provided, however, that the council shall have
at least one member from each of the ten regions of the state, as such
regions are defined by the empire state development corporation. In
making such appointments, due consideration shall be given to THE DIVER-
SITY OF THE STATE, HISTORIC INEQUITIES IN REPRESENTATION, the recommen-
dations made by representative civic, educational and professional asso-
ciations and groups, concerned with or engaged in the EQUITABLE
production or presentation of CULTURAL PRESERVATION 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 and subdivision 11 as added
by chapter 677 of the laws of 2024, 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;
S. 115--A 3
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
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[.];
11. To promote regions of cultural significance by providing cultural
institutions within such regions grants, technical assistance, or other
assistance authorized by this section as the council deems appropriate,
including, but not limited to, East Harlem, also known as "El Barrio".
This region shall be bounded by East 96th Street on the South, 5th
Avenue on the West, East 125th Street on the North and the East River on
the East. The council may designate additional regions of cultural
significance at its discretion but such regions shall be compact,
contiguous, and have an identifiable cultural heritage which unites the
region[.]; AND
12. 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.
