Portantino Live Theater Support Bill Passes Senate Labor Committee
For Immediate Release: April 27, 2022
Contact: Lerna Shirinian, (818) 409-0400
Portantino Live Theater Support Bill Passes Senate Labor Committee
Sacramento, CA - Senate Bill 1116, a measure introduced by Senator Anthony J. Portantino (D – La Cañada Flintridge) which creates a payroll fund to support small nonprofit performing arts organizations (SNPAOs), passed the Senate Labor, Public Employment and Retirement Committee today.
“There is no substitute for the live theater experience! Despite increased funding in recent years, the vibrant arts community in California has suffered from years of under-investment, especially considering California’s role as a national arts leader,” stated Senator Portantino. “Investment in the arts helps all generations of Californians, the economic engine of local communities and transforms meaningful opportunities into jobs with living wages. SB 1116 will help create and sustain jobs for creative workers, one of the hardest hit workforce sectors of the past three years.”
Prior to the pandemic, California ranked just 28th in state arts funding on a per capita basis. This chronic long-term underfunding of the industry amounted to a double-hit when the pandemic shut down much of the live arts. Johns Hopkins University reports that, as of October 2021, the percentage of job losses at nonprofit arts organizations remains more than three times worse than the average of all nonprofits.
SB 1116 establishes the Equitable Payroll Fund (EPF), a grant program designed to support live performances – and workers directly – by providing substantial reimbursements of payroll expenses. This program will support jobs for anyone hired as an employee by a SNPAO, including both production and non-production employees and administrative staff. It does not apply to independent contractors who qualify as such under the ABC test set out in the Dynamex decision and codified by AB5.
“SB 1116 is a groundbreaking arts funding bill that ensures that arts funding goes directly to support the workers who make California an arts leader,” said Alison Harma, Assistant Executive Director for the Western Region, Actors’ Equity Association. “I’m grateful for the leadership of Senator Portantino, who will help us rebuild the live arts in California with a focus on supporting arts workers, many of whom have still not fully recovered from the loss of employment during the pandemic. This bill will mean more good-paying jobs for arts workers, and a stronger economy for all of California.”
The EPF will begin to stabilize SNPAOs immediately, preventing more closures and helping these organizations grow quickly to self-sustainability. The EPF will provide the greatest percent reimbursement to the smallest organizations. Since labor costs in the performing arts are relatively flat, these historically underfunded organizations are the hardest hit and most at risk. As SNPAOs grow, the percentage of payroll expenses that is reimbursed decreases as organizations are better able to absorb these costs. When an SNPAO reaches $2M, they graduate out of the program.
“Supporting SB 1116 means supporting artists of color and supporting the next generation of artists of all backgrounds. The great actress and now Hollywood star Tessa Thompson got her start as a young woman in a production at The Theater at Boston Court in Pasadena, a 99-seat theater. Not that fame and fortune should be what validates supporting the small arts organizations that employ emerging artists. We support art because it enriches lives. Especially those theaters serving marginalized communities. By supporting this bill, we do right by our communities and the artists who serve them,” said Arianna Ortiz, Professional Actress & Member of the National Council of the Actors Equity Association.
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