What's happening
This bill clarifies that the New York State Council on the Arts retains full powers during vacancies if they are filled within a reasonable time.
Why it matters
Ensures continuity of operations. By explicitly stating that the Council retains its full powers during vacancies (if filled within a reasonable time), the bill helps prevent interruptions or legal challenges to Council decisions due to short-term membership gaps.
Balances regional representation with practicality. While maintaining the goal of representation from each of New York's ten regions, the amendment introduces flexibility, acknowledging that perfect compliance may not always be immediately possible after a vacancy.
Reduces risk of procedural delays. The removal of stricter language about filling each new vacancy before further action allows the Council to function more efficiently, rather than being stalled by the process of finding region-specific appointees.
Responds to real-world governance needs. The changes recognize that vacancies are inevitable and clarify that the Council’s authority remains intact, which can be important for grantmaking, policy decisions, and public trust.
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Who cares
Headline styles
Fill Arts Council Vacancies
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Substituted by S793
- Ordered to third reading rules cal.40
- Rules report cal.40
- Reported
- Reported referred to rules
- Referred to tourism, parks, arts and sports development
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Fill Arts Council Vacancies Faster
Signed by Governor · Sponsor Michelle Hinchey
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
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 Committee on Tourism, Parks, Arts and Sports Development
AN ACT to amend the arts and cultural affairs law, in relation to vacancies on the council of the arts
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (c) of subdivision 1 of section 3.03 of the arts and cultural affairs law, as amended by a chapter of the laws of 2024 amending the arts and cultural affairs law relating to requiring the council on the arts to have members from each of the ten regions of the state, as proposed in legislative bills numbers S. 7296-A and A. 8978-A, is amended to read as follows:
(c) The council on the arts shall not be out of compliance with this section upon vacancy, and shall retain its full powers enumerated in section 3.05 of this article, provided that[, to the extent practicable, as each new successive vacancy occurs,] such vacancy is filled within a reasonable time and the appointment made for such new vacancy shall move the composition of the council closer to the requirement that each of the ten regions of the state as defined by the empire state development corporation be represented by at least one member of the council to the extent practicable.
§ 2. 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 relating to requiring the council on the arts to have members from each of the ten regions of the state, as proposed in legislative 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
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.