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A04742 Summary:

BILL NOA04742B
 
SAME ASSAME AS S04410-C
 
SPONSORWoerner
 
COSPNSREnglebright, Otis, McMahon, Lupardo, Abinanti, Jones, Griffin
 
MLTSPNSR
 
Add §14.12, Pks & Rec L; add §95-j, St Fin L
 
Establishes the "New York state two hundred fiftieth commemoration act" which creates the New York state two hundred fiftieth commemoration commission to develop a plan to celebrate the 250th anniversary of the American Revolution; establishes the New York state two hundred fiftieth commemoration commission fund.
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A04742 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4742--B
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 8, 2021
                                       ___________
 
        Introduced  by  M.  of  A. WOERNER, ENGLEBRIGHT, OTIS, McMAHON, LUPARDO,
          ABINANTI, JONES -- read once and referred to the Committee on  Govern-
          mental  Operations  --  reference  changed to Tourism, Parks, Arts and
          Sports Development --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee -- reported and
          referred  to  the Committee on Ways and Means -- committee discharged,
          bill amended, ordered reprinted as amended  and  recommitted  to  said
          committee
 
        AN  ACT to amend the parks, recreation and historic preservation law, in
          relation to establishing the "New  York  state  two  hundred  fiftieth
          commemoration  act";  to  amend  the state finance law, in relation to
          establishing the New York state  two  hundred  fiftieth  commemoration
          commission  fund; and providing for the repeal of such provisions upon
          expiration thereof
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Short title. This act shall be known and cited as the "New
     2  York state two hundred fiftieth commemoration act".
     3    § 2. Legislative findings and intent. The legislature finds  that  New
     4  York played an immense role in the lead up to and execution of the Amer-
     5  ican  Revolution  during  the  period  of 1774-1783, and was the site of
     6  several important battles, skirmishes and other events that were  inter-
     7  nationally  significant during the Revolutionary era. The American Revo-
     8  lution itself was imperfect and many, including  women,  African  Ameri-
     9  cans,  and  Native Americans, did not benefit from its ideals of liberty
    10  and freedom. However, the struggle to fully realize the  ideals  of  the
    11  Revolution  has  continued  over the past 250 years as is evident in New
    12  York's leading role in such revolutionary civil rights movements as  the
    13  women's rights and abolitionist movements, the underground railroad, and
    14  the LGBTQ movement.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01326-11-1

        A. 4742--B                          2
 
     1    The  legislature  further  finds that the Bicentennial of the American
     2  Revolution in 1976 drew international attention and attendance at events
     3  and sites across New York and the nation and had  a  lasting  impact  on
     4  historical  education and public history.  The legislature further finds
     5  that  the  commemoration  of the 250th anniversary of the American Revo-
     6  lution should also be an occasion for recognition of  New  York's  vital
     7  role  in the Revolution itself as well as the ongoing struggle of margi-
     8  nalized groups to achieve the ideals of  the  Revolution.  This  commem-
     9  oration  should  be  statewide,  involving  all  the people of the state
    10  through imaginative and innovative programs, grants,  events,  exhibits,
    11  new  and  expanded facilities, and marketing to engage the people of the
    12  nation and from all parts of the world.
    13    The legislature further finds that the 250th anniversary and the years
    14  proceeding it offers great opportunity to educate and inspire the people
    15  of the state to increase recognition and appreciation of New York's role
    16  in the American Revolution and subsequent civil rights struggles as well
    17  as the complex nature of the state and nation's history with regards  to
    18  the  ideals  of  liberty and freedom.  Therefore, it is the intention of
    19  the legislature to establish a commission for planning  and  development
    20  for  the  commemoration  of  the 250th anniversary of the American Revo-
    21  lution in New York state to take place in coordination with the national
    22  celebration.
    23    § 3. The parks, recreation and historic preservation law is amended by
    24  adding a new section 14.12 to read as follows:
    25    § 14.12 New York state two hundred fiftieth commemoration  commission.
    26  1. As used in this section, the following terms shall mean and include:
    27    (a) "Commission" means the New York state two hundred fiftieth commem-
    28  oration commission created by subdivision two of this section.
    29    (b) "Heritage organization" means a historic site, historical society,
    30  battlefield,   historic  park,  history-based  museum,  friends  groups,
    31  library, archive, academic institute, historical  anniversary  organiza-
    32  tion,  historical  awareness  group  or  Native American cultural center
    33  whose mission is to preserve  and  promote  the  history  of  a  locale,
    34  region, people, or the entirety of the state.
    35    2. (a) The office shall create the New York state two hundred fiftieth
    36  commemoration  commission. From the effective date of this section until
    37  December thirty-first, two thousand thirty-three, such commission  shall
    38  develop,  plan, promote and coordinate activities to commemorate the two
    39  hundred fiftieth anniversary of the American Revolution. Such activities
    40  shall include but not be limited to:
    41    (i) making heritage organizations the focal  points  for  the  commem-
    42  oration;
    43    (ii)  coordinating  forums  across  the  state  to seek ideas from the
    44  public on the commemoration including how  New  Yorkers,  Americans  and
    45  those from other countries may celebrate such anniversary;
    46    (iii)  coordinating with civic, educational and heritage organizations
    47  to develop public interest and involvement in the planning and  develop-
    48  ment of the commemoration;
    49    (iv)  promoting  and  encouraging  educational outreach programs using
    50  media and technology  including  electronic  communications  to  achieve
    51  national and international impact;
    52    (v)  coordinating  the planning of commemorative events for all inter-
    53  ested communities throughout the state;
    54    (vi) inviting other interested states and nations  to  participate  in
    55  programs and events for the commemoration;

        A. 4742--B                          3
 
     1    (vii) coordinating and promoting the holding of meetings, conferences,
     2  seminars  and  conventions in interested communities using such anniver-
     3  sary as an attraction and theme;
     4    (viii)  coordinating and promoting the holding of community engagement
     5  and educational events in interested communities using such  anniversary
     6  as an attraction and theme;
     7    (ix)  seeking funding from private individuals, foundations and corpo-
     8  rations to support capital improvements, preservation  and  conservation
     9  needs associated with events and sites commemorating such anniversary;
    10    (x)  coordinating  and  cooperating  with  state  entities and tourist
    11  promotion agencies, as defined in article five-A of the economic  devel-
    12  opment law;
    13    (xi)  coordinating and cooperating with local, state and federal enti-
    14  ties including those relating to heritage area promotion and any federal
    15  commission created to participate in planning and  development  of  such
    16  anniversary observance; and
    17    (xii) setting goals and benchmarks for the work of the commission.
    18    (b)  The  commission  shall  coordinate and consult with the  New York
    19  state military museum and veterans research  center,  Saratoga  national
    20  historical    park, Champlain Valley National Heritage Partnership, Erie
    21  Canalway National Heritage Corridor, Maurice  D.  Hinchey  Hudson  River
    22  Valley  National  Heritage  Area,  Niagara Falls National Heritage Area,
    23  Humanities New York, Association of Public Historian of New York  State,
    24  the  Preservation League of New York State, national historic landmarks,
    25  national historic  landmark  stewardship  organizations  and  any  other
    26  organizations it deems necessary in the development, planning, promotion
    27  and  coordination  of activities to commemorate the two hundred fiftieth
    28  anniversary of the American Revolution.
    29    (c) The   commission shall coordinate and consult  with  each  of  the
    30  following:    the Cayuga  Nation, the Oneida Indian Nation, the Onondaga
    31  Indian Nation, the Saint Regis Mohawk Tribe, the Seneca Nation of  Indi-
    32  ans, the Shinnecock Indian Nation, the Stockbridge-Munsee Community Band
    33  of  Mohican  Indians,  the  Tonawanda  Band of Seneca, and the Tuscarora
    34  Nation.
    35    (d) The commission shall consist of  thirteen  voting  members  to  be
    36  appointed as follows:
    37    (i) the commissioner or his or her designee;
    38    (ii)  the  commissioner  of  the department of education or his or her
    39  designee;
    40    (iii) the president and chief executive officer of empire state devel-
    41  opment or his or her designee;
    42    (iv) three members shall be appointed by  the  governor,  two  members
    43  shall be appointed by the temporary president of the senate, two members
    44  shall  be  appointed by the speaker of the assembly, one member shall be
    45  appointed by the minority leader of the senate and one member  shall  be
    46  appointed  by the minority leader of the assembly, to the extent practi-
    47  cable, these appointments shall include a representative  from  each  of
    48  the ten regional economic development councils; and
    49    (v) the New York state historian.
    50    (d)  To  the  extent practicable, such appointees shall have a profes-
    51  sional background in one or more of the following fields: local  govern-
    52  ment  historian, academic historian, museum professional, social studies
    53  teacher or professor, tourism  professional,  archeologist,  anthropolo-
    54  gist,  or  other expertise in the field of New York state history and/or
    55  historic preservation.

        A. 4742--B                          4
 
     1    (e) The commissioner and the commissioner of the department of  educa-
     2  tion  shall  be  co-chairpersons  of  the  commission.  Vacancies in the
     3  membership of the commission shall be filled in the same manner provided
     4  for original appointments.
     5    (f)  A  majority  of  the members of the commission shall constitute a
     6  quorum.
     7    (g) The members of the commission shall receive  no  compensation  for
     8  their  services but shall be allowed their actual and necessary expenses
     9  incurred in the performance of their duties.
    10    (h) The commission shall hold a meeting at least once each quarter.
    11    3. The commission shall have the power:
    12    (a) to prepare, publish and  disseminate  information  or  reports  to
    13  highlight  for state agencies, local governments, and the general public
    14  issues, problems, and opportunities relevant to the two hundred fiftieth
    15  anniversary of the American Revolution;
    16    (b) to assist local governments and other appropriate organizations to
    17  plan commemorations of the two hundred fiftieth anniversary of the Amer-
    18  ican Revolution, and to do this, as far as possible, through cooperation
    19  and through technical assistance, including planning assistance, citizen
    20  education and participation assistance, and assistance in preparation of
    21  grant applications to other entities;
    22    (c) to apply for and receive funds from the federal and state  govern-
    23  ment;
    24    (d)  to  accept  gifts for the purpose of furthering the objectives of
    25  the commission pursuant to this section;
    26    (e) to conduct historical, economic and cultural studies;
    27    (f) to conduct education programs;
    28    (g) to assist individuals, corporations,  heritage  organizations  and
    29  other  public  entities  on  ways  to  protect  and promote the heritage
    30  resources of the state;
    31    (h) to prepare an annual report on the conduct of its activities which
    32  shall be delivered to the governor, temporary president of  the  senate,
    33  and the speaker of the assembly by January first;
    34    (i)  to  serve  a  coordinating  role in utilizing the capabilities of
    35  other organizations to carry out the duties prescribed in this  section;
    36  and
    37    (j) to exercise and perform such other powers and duties as shall have
    38  been or may be conferred by law.
    39    4.  (a)  The  commission  shall  develop a strategic plan, which shall
    40  contain plans for commemorating the state's role in the founding of  the
    41  nation and the ensuing two hundred fifty years of history.
    42    (b)  The  strategic  plan  shall be consistent with the state historic
    43  preservation plan, the Erie Canalway National Heritage Corridor  preser-
    44  vation and management plan, the Champlain Valley National Heritage Part-
    45  nership  management  plan,  the  Niagara  Falls  National  Heritage Area
    46  management plan, the Hudson River Valley Greenway  strategic  plan,  and
    47  the Hudson-Hoosic Rivers Partnership stewardship plan, as such plans are
    48  amended.
    49    (c)  Such strategic plan shall include, but shall not be limited to, a
    50  survey or inventory of the following, together with the establishment of
    51  management priorities thereof: (i) historic, cultural and other heritage
    52  resources; (ii) scenic resources; and (iii) educational and recreational
    53  resources.
    54    (d) Within twelve months of the effective date  of  this  section  the
    55  commission  shall  vote  to finalize such plans. A copy of the strategic

        A. 4742--B                          5
 
     1  plan shall be provided to the governor, the temporary president  of  the
     2  senate and the speaker of the assembly.
     3    (e)  The  commission  shall  propose  amendments to the strategic plan
     4  described in this subdivision as they are deemed  to  be  necessary  and
     5  appropriate.
     6    5.  To  effectuate  the  purposes  of this section, the commission may
     7  request from any department, board, bureau, commission or  other  agency
     8  of  the  state, and the same are authorized to provide, such cooperation
     9  and assistance, services and data as will enable the commission to prop-
    10  erly carry out its functions pursuant to this section.
    11    6. In administering the provisions of this section, the commission may
    12  make, within the limitations of appropriations available thereof, grants
    13  to heritage organizations towards the costs of a project approved and to
    14  be undertaken pursuant to this section.
    15    § 4. The state finance law is amended by adding a new section 95-j  to
    16  read as follows:
    17    §  95-j. The New York state two hundred fiftieth commemoration commis-
    18  sion fund. 1. There is hereby established in the joint  custody  of  the
    19  state comptroller and the commissioner of taxation and finance a fund to
    20  be  known  as  the  "New  York  state two hundred fiftieth commemoration
    21  commission fund".
    22    2. Moneys in such fund shall consist of all  moneys  appropriated  for
    23  the  purpose  of  such fund, donations to the New York state two hundred
    24  fiftieth commemoration commission created by section 14.12 of the parks,
    25  recreation and historic preservation law and  all  moneys  appropriated,
    26  credited  or  transferred thereto from any other fund or source pursuant
    27  to law. Any interest received by the comptroller on money on deposit  in
    28  the fund shall be retained in and become part of the fund.
    29    3.  Moneys  within  such  fund shall be made available to the New York
    30  state two hundred fiftieth commemoration commission for payment of costs
    31  and expenditures for the following purposes:
    32    (a) no more than ten percent annually for the operation and activities
    33  of such commission;
    34    (b) no less than forty-five percent annually directed to the New  York
    35  state  museum  for  grants to local governments and  heritage  organiza-
    36  tions  for  historic  programming,  preservation    and  natural    area
    37  protection  and  management  relating  to the New York state two hundred
    38  fiftieth commemorations, and other heritage  projects  like  the  under-
    39  ground  railroad,  women's  suffrage,  and  civil  rights  sites as such
    40  commission  shall identify through its strategic  plan  as described  in
    41  paragraph  (c) of subdivision four of section 14.12 of the parks, recre-
    42  ation and historic preservation law. This grant program shall be  admin-
    43  istered by the office of state history; and
    44    (c) no less than forty-five percent annually directed to the office of
    45  parks, recreation and historic preservation for capital improvements for
    46  the  state's  historic  sites and programming, preservation and outreach
    47  relating to the New York state two hundred fiftieth commemorations.
    48    4. Monies shall be payable from the fund on the audit and  warrant  of
    49  the comptroller on vouchers approved and certified by such commission.
    50    §  5.  This  act shall take effect immediately and shall expire and be
    51  deemed repealed December 31, 2033.
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