A06226 Summary:

BILL NOA06226A
 
SAME ASSAME AS S04883-A
 
SPONSOREnglebright
 
COSPNSRJaffee, Fahy
 
MLTSPNSRGalef
 
Add Art 28 SS825 - 830-a, Exec L
 
Established the commission on New York state history and provides for its powers and duties.
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A06226 Actions:

BILL NOA06226A
 
03/18/2013referred to governmental operations
12/13/2013amend (t) and recommit to governmental operations
12/13/2013print number 6226a
01/08/2014referred to governmental operations
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A06226 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6226--A
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 18, 2013
                                       ___________
 
        Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
          Committee on Governmental Operations  --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee
 
        AN ACT to amend the executive  law,  in  relation  to  establishing  the

          commission  on New York state history and providing for its powers and
          duties
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1.  The executive law is amended by adding a new article 28 to
     2  read as follows:
     3                                 ARTICLE 28
     4                        COMMISSION ON NEW YORK STATE
     5                                   HISTORY
     6  Section 825.   Legislative findings and declaration of purpose.
     7          826.   Definitions.
     8          827.   Commission on New York state history.
     9          828.   Powers and duties.
    10          829.   Statewide  cultural  asset and heritage resources manage-
    11                   ment plan.

    12          830.   Annual state history conference.
    13          830-a. State history fellowship program.
    14    § 825.  Legislative findings and declaration of purpose. The  legisla-
    15  ture  determines  that  the  state's  historical assets are major educa-
    16  tional, inspirational and economic resources that should  be  preserved,
    17  enhanced  and  fully  promoted.  The state's historical assets are world
    18  class destinations for visitors from around  the  world  and  should  be
    19  promoted  as such.   Having the management, interpretation and promotion
    20  of the state's historical  assets  spread  among  several  agencies  and
    21  departments  has often been detrimental to the full utilization of these

    22  assets for the people of the state.  Therefore,  the  legislature  finds
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09721-04-3

        A. 6226--A                          2
 
     1  that  establishing  a  commission  on  New  York state history that will
     2  advise the governor, agencies and the legislature as to the best ways to
     3  protect, preserve and promote the invaluable historical  assets  of  the
     4  state is in the best interest of the people of the state.
     5    The  legislature  further  finds that the protection, preservation and
     6  promotion of our historical assets is fundamental to  the  education  of

     7  the  citizenry  and our concern for the quality of life of the residents
     8  of the state. It is hereby declared to be the policy  of  the  state  to
     9  conserve, improve, beneficially use and protect its historical assets in
    10  order to enhance the education, health, safety and welfare of the people
    11  of the state, and their overall economic and social well-being. It shall
    12  further be the policy of the state to improve and coordinate the histor-
    13  ical  asset plans, functions, powers and programs of the state, in coop-
    14  eration with the federal government, regions, local  governments,  other
    15  public  and  private organizations, and the concerned individual, and to
    16  help develop and manage the historical assets to the end that the  state

    17  may  fulfill  its responsibility as trustee of our cultural and heritage
    18  resources for the present and future generations.  Furthermore, it shall
    19  be the policy of the state  to  foster,  promote,  create  and  maintain
    20  conditions  under  which  man and nature can thrive in harmony with each
    21  other, and achieve social, economic and technological progress for pres-
    22  ent and future generations by:
    23    a. assuring surroundings which are healthful and aesthetically  pleas-
    24  ing;
    25    b.  guaranteeing  that the widest range of beneficial uses of cultural
    26  and heritage resources are attained without risk to  health  or  safety,
    27  unnecessary  degradation,  or  other  undesirable  or  unintended conse-
    28  quences;

    29    c. promoting patterns of development  and  technology  which  minimize
    30  adverse impact on our cultural and heritage resources; and
    31    d.  preserving the unique qualities of special resources such as state
    32  historic sites, state designated heritage areas, sites on  the  national
    33  register  of  historic  places, paintings, sculptures and other artistic
    34  creations, museums, gardens and performing arts venues,  providing  that
    35  care  is  taken for cultural and heritage resources that are shared with
    36  the other states of the United States and with Canada in the manner of a
    37  good neighbor.
    38    § 826. Definitions. As used in this article, unless the context other-
    39  wise requires, the following words and terms  shall  have  the  meanings

    40  ascribed to them:
    41    a. "Commission" means the commission on New York history.
    42    b. "Director" means the director of the commission.
    43    c.  "Heritage area" means a definable urban or regional area of public
    44  and private uses, ranging in size from a portion of a municipality to  a
    45  regional  area,  with  a  special coherence, and such area being distin-
    46  guished by physical and cultural  resources  (natural  and/or  man  made
    47  including  waterways,  architecture, or artifacts reflecting a period of
    48  style or cultural heritage) which play a vital role in the life  of  the
    49  community and/or region and contribute through interpretive, educational
    50  and  recreational  use to the public. A heritage area may include tradi-

    51  tional parks (pleasure grounds set apart for recreation of  the  public)
    52  and  historic  places  or  property on the national or state register of
    53  historic places.  However such term shall not be deemed to mean  a  park
    54  or  historic  place, as those terms are used in other provisions of law,
    55  including those relating to alienation of park land  and  regulation  of
    56  public or private activities. Such other provisions of law shall contin-

        A. 6226--A                          3
 
     1  ue  to apply to the specific parks and historic places within a heritage
     2  area. The term "heritage area" shall be deemed  to  include  areas  that
     3  have  been  previously  designated  as  urban culture parks and heritage

     4  corridors  or  other  similar  names applied to areas of special concern
     5  fitting the definition of a heritage area.
     6    d. "Historical asset" means any property,  real  or  otherwise,  built
     7  structure, event, artifact, object or document deemed significant to the
     8  history and heritage of the people of the state.
     9    e.  "Historic  preservation" means the study, designation, protection,
    10  restoration, rehabilitation and use of buildings,  structures,  historic
    11  districts,  areas,  and  sites significant in the history, architecture,
    12  archeology or culture of this state, its communities or the nation.
    13    f. "Museum" means an institution  or  association,  chartered  by  the
    14  regents  or  the  legislature pursuant to section two hundred sixteen of

    15  the education law, that exists for the purposes of collecting,  preserv-
    16  ing and interpreting collections of objects.
    17    § 827. Commission on New York state history. a.  There shall be estab-
    18  lished  the  commission  on  New  York  state  history to consist of the
    19  commissioners of education and  the  office  of  parks,  recreation  and
    20  historic  preservation,  the chair of the New York state cultural educa-
    21  tion trust, the state librarian, the state archivist,  the  director  of
    22  the  state  museum,  the  director  of  the state division of tourism, a
    23  representative of one of the state's native  American  tribes,  and  six
    24  appointed  members,  two of whom shall be appointed by the governor, and

    25  two each by the temporary president of the senate  and  speaker  of  the
    26  assembly. Each appointed member shall serve for a term of four years and
    27  shall  continue  in  office  until  a  successor has been appointed. The
    28  appointed commission members shall be qualified by education and experi-
    29  ence in the fields of history, library science, museum  studies,  public
    30  history,  archive  planning  and  management,  heritage area management,
    31  anthropology, archeology or other related professional  discipline.  The
    32  members  of  the  commission  shall  receive  no  compensation for their
    33  services but shall be reimbursed for their expenses actually and  neces-
    34  sarily  incurred  in  the  performance of their duties within the amount

    35  available therefor by appropriation.  Notwithstanding  any  inconsistent
    36  provision  of  law,  no officer or employee of the state or of any civil
    37  division thereof, shall be deemed to have forfeited or shall forfeit his
    38  or her office or employment by  reason  of  his  or  her  acceptance  of
    39  membership on such commission.
    40    b.  The  commission  shall  choose  from among its appointed members a
    41  chairman, vice-chairman and secretary. The term of office of  each  such
    42  officer appointed shall be for two years. Each officer of the commission
    43  shall  hold  office  until a successor has been appointed and qualified.
    44  Vacancies in membership of the commission occurring from any cause shall

    45  be filled by the officer authorized to make the original appointment  of
    46  the member whose office becomes vacant.
    47    c. The commission shall hold regular meetings not less than four times
    48  a  year  at  such  time and place as it may desire, and special meetings
    49  when authorized and called as prescribed by the by-laws or by the chair-
    50  man. Ex officio members of the commission may have a  designated  repre-
    51  sentative.
    52    §  828.  Powers  and duties.   The commission shall have the following
    53  powers and duties:
    54    a. To adopt and use a seal; to sue and be sued; to appoint and  remove
    55  officers,  agents  and  employees  and  determine  their qualifications,
    56  duties and compensation; to acquire, hold and dispose of personal  prop-

        A. 6226--A                          4
 
     1  erty;  to  retain or employ counsel, private consultants and independent
     2  contractors; to make and execute contracts  and  all  other  instruments
     3  necessary  or  convenient  for  the exercise of its powers and functions
     4  under this article;
     5    b.  To  hire staff, including a director, upon approval of the commis-
     6  sion, to assist the commission in implementation of its duties;
     7    c. To prepare, publish and disseminate information or reports to high-
     8  light for state agencies,  local  governments  and  the  general  public
     9  issues,  problems and opportunities relevant to the historical assets of
    10  the state, in concert with state and federal agencies and others;

    11    d. To stimulate action by public and private organizations on  issues,
    12  problems  and  opportunities  that  affect  the historical assets of the
    13  state including, but not limited to,  conferences,  meetings  and  work-
    14  shops;
    15    e.  To  request  and  receive  from  any department, division, office,
    16  board, bureau, commission, agency or instrumentality of  the  state  and
    17  from  any  political  subdivision or agency thereof, such assistance and
    18  data as will enable it to conduct its studies and investigations  pursu-
    19  ant to this article;
    20    f.  To  assist state agencies, local historians, local governments and
    21  other appropriate state, federal and local  organizations  to  plan  and

    22  work  towards  the protection, preservation and promotion of the histor-
    23  ical assets of the  state  through  coordination  and  cooperation,  and
    24  through  technical  assistance, including planning assistance, training,
    25  citizen education and participation assistance, and  assistance  in  the
    26  preparation of grant applications to other entities;
    27    g. To serve a coordinating role in utilizing the capabilities of other
    28  state and local organizations to carry out the duties prescribed in this
    29  section;
    30    h.  To establish a central clearinghouse for historical studies, which
    31  may be used by members of the public, local governments and state  agen-
    32  cies   in   addressing  state  and  regionwide  issues  related  to  the

    33  protection, preservation and promotion of historical assets;
    34    i. To develop agreements with local, county and regional  agencies  to
    35  provide  staff  services  through  grants  or  contracts to help finance
    36  services for intermunicipal cooperation; to provide planning services in
    37  conjunction  with  state  agencies,  county  planning  departments   and
    38  regional planning boards; and to provide supplementary technical assist-
    39  ance and educational services through public or private groups;
    40    j.  To  apply  for and receive from the federal and state governments,
    41  and public and private agencies, funds to accomplish the purposes of the
    42  commission and to solicit, receive and utilize gifts  and  donations  of
    43  any kind from any source;

    44    k.  To  assist  municipalities in preparing and adopting comprehensive
    45  historical asset planning programs, including  appropriate  laws,  ordi-
    46  nances and codes;
    47    1. To enter into agreements for the extension of its powers and duties
    48  to  local governments, in concert with local, state and federal agencies
    49  and others; and
    50    m. To lease and manage  real  property,  solely  for  the  purpose  of
    51  providing for the official offices of the commission.
    52    §  829.  Statewide  cultural  asset  and heritage resources management
    53  plan. a. The commission shall formulate and from time to time  revise  a
    54  statewide  cultural  and  heritage  resources  management  plan  for the

    55  management and protection of the quality of the  cultural  and  heritage

        A. 6226--A                          5
 
     1  resources  of  the  state,  in furtherance of the legislative policy and
     2  purposes expressed in this article.
     3    b.  The commission shall submit an initial plan to the governor and to
     4  the legislature on or before September first, 2015, and thereafter shall
     5  annually submit periodic revisions of such plan to the governor  and  to
     6  the  legislature.  Such  plan  and revisions shall become effective upon
     7  approval by the governor and shall serve thereafter as a  guide  to  the
     8  public.
     9    c. In formulating such plan and any revisions, the commission shall:
    10    (1) conduct one or more public hearings;

    11    (2) consult and cooperate with:
    12    (i)  officials  of departments and agencies of the state having duties
    13  and responsibilities concerning the cultural and heritage resources;
    14    (ii) officials and representatives of the federal  government,  neigh-
    15  boring states and interstate agencies on problems affecting the environ-
    16  ment of this state;
    17    (iii) officials and representatives of local government in the state;
    18    (iv) officials and representatives of museums, art and cultural insti-
    19  tutions, industry and education; and
    20    (v)  persons,  organizations and groups, public or private, utilizing,
    21  served by, interested in or concerned with  the  cultural  and  heritage
    22  resources of the state; and

    23    (3)  request and receive from any department, division, board, bureau,
    24  commission or other agency of the state  or  any  political  subdivision
    25  thereof  or  any  public  authority  such  assistance and data as may be
    26  necessary to enable the department to  carry  out  its  responsibilities
    27  under this section.
    28    §  830.  Annual state history conference. The commission shall coordi-
    29  nate and conduct an annual conference on state history that will include
    30  speakers and workshops on the protection, preservation and promotion  of
    31  the  state's  historical  assets.  The  conference shall take place in a
    32  different area of the state each year and shall be free  of  charge  and
    33  open to the public.

    34    § 830-a. State history fellowship program.  The commission shall coor-
    35  dinate,  recruit  and  train volunteers with backgrounds and interest in
    36  New York state history to act as fellows to be made available  to  state
    37  history  organizations  by  the commission. Fellows will provide program
    38  support to not-for-profit history organizations at no cost to the organ-
    39  ization.  Fellowship program volunteers shall provide,  based  on  their
    40  experience  and  training,  organizational  support in visitor outreach,
    41  educational programming and outreach, the  evaluation  of  programs  and
    42  strategic  plans,  fundraising  and  grant writing, and the expansion of
    43  volunteer programs.
    44    § 2. This act shall take effect on the ninetieth day  after  it  shall

    45  have become a law.
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