Amd §3.03, Arts & Cul L (as proposed in S.7296-A & A.8978-A)
Provides that upon a vacancy, the council of the arts shall not be deemed out of compliance with the requirement that each of the ten regions of the state be represented by at least one member of the council so long as such vacancy is filled within a reasonable time and the appointment made for such new vacancy moves the composition of the council closer to such requirement.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A435
SPONSOR: Woerner TITLE OF BILL:
An act to amend the arts and cultural affairs law, in relation to vacan-
cies on the council of the arts
PURPOSE:
The purpose of bill is to make technical changes to Chapter 629 of 2024
to ensure that The New York State Council of Arts maintains its full
powers upon the vacancy of a seat on the board, provided such vacancy be
filled within a reasonable time and complies with the regional require-
ments outlined in section 3.03 of the arts and cultural affairs law.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends Paragraph C of subdivision 1 of section 3.03 of The
Arts and Cultural affairs law to ensure that the Council shall retain
its full powers enumerated in section 3.05 of The Arts and Culture law
in the event of a vacancy, provided that such vacancy be filled within a
reasonable time and to the extent practicable.
Section 2 provides an effective date.
JUSTIFICATION:
New York State is world-renowned for its production of both art and
artists. From the stages of Broadway, to film sets in the Hudson Valley,
to the George Eastman museum in Rochester, New York's history is one
that is fundamentally tied to artistic and creative pursuits.
All areas of this state have worked together to build its reputation for
outstanding fine and performing arts. Consequently, the council on the
arts should have representation from all areas of the state, so that the
valuable contribution of each region is properly recognized. This legis-
lation would ensure that each of the 10 regions of the state are repres-
ented on the council and are able to contribute to its mission of
encouraging the studying and performance of fine and performing arts.
This bill seeks to ensure that the Council can still function if there
is a vacancy that puts the Council out of compliance with this require-
ment, provided that compliant appointments are made within a reasonable
amount of time after such vacancies shall occur.
LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
None. (Staff)
EFFECTIVE DATE:
This act shall take effect on the same date and in the same manner as a
chapter of the laws of 2024 amending the arts and cultural affairs law
in relation to requiring the Council of The Arts to have members from
each of the ten regions of the state, as proposed in legislative bill
number S. 7296A and A. 8978-A of 2024, takes effect.
STATE OF NEW YORK
________________________________________________________________________
435
2025-2026 Regular Sessions
IN ASSEMBLY(Prefiled)
January 8, 2025
___________
Introduced by M. of A. WOERNER -- read once and referred to the Commit-
tee on Tourism, Parks, Arts and Sports Development
AN ACT to amend the arts and cultural affairs law, in relation to vacan-
cies on the council of the arts
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (c) of subdivision 1 of section 3.03 of the arts
2 and cultural affairs law, as amended by a chapter of the laws of 2024
3 amending the arts and cultural affairs law relating to requiring the
4 council on the arts to have members from each of the ten regions of the
5 state, as proposed in legislative bills numbers S. 7296-A and A. 8978-A,
6 is amended to read as follows:
7 (c) The council on the arts shall not be out of compliance with this
8 section upon vacancy, and shall retain its full powers enumerated in
9 section 3.05 of this article, provided that[, to the extent practicable,
10 as each new successive vacancy occurs,] such vacancy is filled within a
11 reasonable time and the appointment made for such new vacancy shall move
12 the composition of the council closer to the requirement that each of
13 the ten regions of the state as defined by the empire state development
14 corporation be represented by at least one member of the council to the
15 extent practicable.
16 § 2. This act shall take effect on the same date and in the same
17 manner as a chapter of the laws of 2024 amending the arts and cultural
18 affairs law relating to requiring the council on the arts to have
19 members from each of the ten regions of the state, as proposed in legis-
20 lative bills numbers S. 7296-A and A. 8978-A, takes effect.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02726-01-5
