STATE OF NEW YORK
________________________________________________________________________
710--A
2015-2016 Regular Sessions
IN SENATE(Prefiled)
January 7, 2015
___________
Introduced by Sens. SERRANO, BRESLIN, CARLUCCI, LATIMER -- read twice
and ordered printed, and when printed to be committed to the Committee
on Finance -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
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 as special features of attraction and impor-
18 tance to the state and its political subdivisions. The state's histor-
19 ical assets are world class destinations for visitors from around the
20 world and should be promoted as such. Having the management, interpre-
21 tation and promotion of the state's historical assets spread among
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04288-02-5
S. 710--A 2
1 several agencies and departments has often been detrimental to the full
2 utilization of these assets for the people of the state. Therefore, the
3 legislature finds that establishing a commission on New York state
4 history that will advise the governor, agencies and the legislature as
5 to the best ways to protect, preserve and promote the invaluable histor-
6 ical assets of the state is in the best interest of the people of the
7 state.
8 The legislature further finds that the protection, preservation and
9 promotion of our historical assets is fundamental to the education of
10 the citizenry and our concern for the quality of life of the residents
11 of the state. It is hereby declared to be the policy of the state to
12 conserve, improve, beneficially use and protect its historical assets in
13 order to enhance the education, health, safety and welfare of the people
14 of the state, and their overall economic and social well-being. It shall
15 further be the policy of the state to improve and coordinate the histor-
16 ical asset plans, functions, powers and programs of the state, in coop-
17 eration with the federal government, regions, local governments, other
18 public and private organizations, and the concerned individual, and to
19 help develop and manage the historical assets to the end that the state
20 may fulfill its responsibility as trustee of our cultural and heritage
21 resources for the present and future generations. Furthermore, it shall
22 be the policy of the state to foster, promote, create and maintain
23 conditions under which man and nature can thrive in harmony with each
24 other, and achieve social, economic and technological progress for pres-
25 ent and future generations by:
26 a. assuring surroundings which are healthful and aesthetically pleas-
27 ing;
28 b. guaranteeing that the widest range of beneficial uses of cultural
29 and heritage resources are attained without risk to health or safety,
30 unnecessary degradation, or other undesirable or unintended conse-
31 quences;
32 c. promoting patterns of development and technology which minimize
33 adverse impact on our cultural and heritage resources; and
34 d. preserving the unique qualities of special resources such as state
35 historic sites, state designated heritage areas, sites on the national
36 register of historic places, paintings, sculptures and other artistic
37 creations, museums, gardens and performing arts venues, providing that
38 care is taken for cultural and heritage resources that are shared with
39 the other states of the United States and with Canada in the manner of a
40 good neighbor.
41 e. promoting the maintenance and growth of historic assets as special
42 features of a locality and using such historic assets for appropriate
43 historic re-use, including as a cultural resource or opportunity for
44 growth and development of the surrounding area.
45 § 826. Definitions. As used in this article, unless the context other-
46 wise requires, the following words and terms shall have the meanings
47 ascribed to them:
48 a. "Commission" means the commission on New York history.
49 b. "Director" means the director of the commission.
50 c. "Heritage area" means a definable urban or regional area of public
51 and private uses, ranging in size from a portion of a municipality to a
52 regional area, with a special coherence, and such area being distin-
53 guished by physical and cultural resources (natural and/or man made
54 including waterways, architecture, or artifacts reflecting a period of
55 style or cultural heritage) which play a vital role in the life of the
56 community and/or region and contribute through interpretive, educational
S. 710--A 3
1 and recreational use to the public. A heritage area may include tradi-
2 tional parks (pleasure grounds set apart for recreation of the public)
3 and historic places or property on the national or state register of
4 historic places. However such term shall not be deemed to mean a park
5 or historic place, as those terms are used in other provisions of law,
6 including those relating to alienation of park land and regulation of
7 public or private activities. Such other provisions of law shall contin-
8 ue to apply to the specific parks and historic places within a heritage
9 area. The term "heritage area" shall be deemed to include areas that
10 have been previously designated as urban culture parks and heritage
11 corridors or other similar names applied to areas of special concern
12 fitting the definition of a heritage area.
13 d. "Historical asset" means any property, real or otherwise, built
14 structure, event, artifact, object or document deemed significant to the
15 history and heritage of the people of the state.
16 e. "Historic preservation" means the study, designation, protection,
17 restoration, rehabilitation and use of buildings, structures, historic
18 districts, areas, and sites significant in the history, architecture,
19 archeology or culture of this state, its communities or the nation.
20 f. "Museum" means an institution or association, chartered by the
21 regents or the legislature pursuant to section two hundred sixteen of
22 the education law, that exists for the purposes of collecting, preserv-
23 ing and interpreting collections of objects.
24 g. "Historic re-use" means the adaptive re-use of an historic asset
25 for a purpose other than for which it was initially built that protects
26 the underlying architectural integrity and facade of such an historic
27 building, structure, district, or area while providing new residential
28 or commercial purposes that utilize the underlying historical value of
29 the asset as a special feature of the community or as part of its
30 marketing strategy and aids local community development or supports
31 maintaining or developing local cultural resources.
32 § 827. Commission on New York state history. a. There shall be estab-
33 lished the commission on New York state history to consist of the
34 commissioners of education and the office of parks, recreation and
35 historic preservation, the chair of the New York state cultural educa-
36 tion trust, the state librarian, the state archivist, the director of
37 the state museum, the director of the state division of tourism, a
38 representative of one of the state's native American tribes, and six
39 appointed members, two of whom shall be appointed by the governor, and
40 two each by the temporary president of the senate and speaker of the
41 assembly. Each appointed member shall serve for a term of four years and
42 shall continue in office until a successor has been appointed. The
43 appointed commission members shall be qualified by education and experi-
44 ence in the fields of history, library science, museum studies, public
45 history, archive planning and management, heritage area management,
46 anthropology, archeology or other related professional discipline. The
47 members of the commission shall receive no compensation for their
48 services but shall be reimbursed for their expenses actually and neces-
49 sarily incurred in the performance of their duties within the amount
50 available therefor by appropriation. Notwithstanding any inconsistent
51 provision of law, no officer or employee of the state or of any civil
52 division thereof, shall be deemed to have forfeited or shall forfeit his
53 or her office or employment by reason of his or her acceptance of
54 membership on such commission.
55 b. The commission shall choose from among its appointed members a
56 chairman, vice-chairman and secretary. The term of office of each such
S. 710--A 4
1 officer appointed shall be for two years. Each officer of the commission
2 shall hold office until a successor has been appointed and qualified.
3 Vacancies in membership of the commission occurring from any cause shall
4 be filled by the officer authorized to make the original appointment of
5 the member whose office becomes vacant.
6 c. The commission shall hold regular meetings not less than four times
7 a year at such time and place as it may desire, and special meetings
8 when authorized and called as prescribed by the by-laws or by the chair-
9 man. Ex officio members of the commission may have a designated repre-
10 sentative.
11 § 828. Powers and duties. The commission shall have the following
12 powers and duties:
13 a. To adopt and use a seal; to sue and be sued; to appoint and remove
14 officers, agents and employees and determine their qualifications,
15 duties and compensation; to acquire, hold and dispose of personal prop-
16 erty; to retain or employ counsel, private consultants and independent
17 contractors; to make and execute contracts and all other instruments
18 necessary or convenient for the exercise of its powers and functions
19 under this article;
20 b. To hire staff, including a director, upon approval of the commis-
21 sion, to assist the commission in implementation of its duties;
22 c. To prepare, publish and disseminate information or reports to high-
23 light for state agencies, local governments and the general public
24 issues, problems and opportunities relevant to the historical assets of
25 the state, in concert with state and federal agencies and others;
26 d. To stimulate action by public and private organizations on issues,
27 problems and opportunities that affect the historical assets of the
28 state including, but not limited to, conferences, meetings and work-
29 shops;
30 e. To request and receive from any department, division, office,
31 board, bureau, commission, agency or instrumentality of the state and
32 from any political subdivision or agency thereof, such assistance and
33 data as will enable it to conduct its studies and investigations pursu-
34 ant to this article;
35 f. To assist state agencies, local historians, local governments and
36 other appropriate state, federal and local organizations to plan and
37 work towards the protection, preservation, historic re-use and promotion
38 of the historical assets of the state through coordination and cooper-
39 ation, and through technical assistance, including planning assistance,
40 training, citizen education and participation assistance, and assistance
41 in the preparation of grant applications to other entities;
42 g. To serve a coordinating role in utilizing the capabilities of other
43 state and local organizations to carry out the duties prescribed in this
44 section;
45 h. To establish a central clearinghouse for historical studies, which
46 may be used by members of the public, local governments and state agen-
47 cies in addressing state and regionwide issues related to the
48 protection, preservation, historic re-use and promotion of historical
49 assets;
50 i. To develop agreements with local, county and regional agencies to
51 provide staff services through grants or contracts to help finance
52 services for intermunicipal cooperation; to provide planning services in
53 conjunction with state agencies, county planning departments and
54 regional planning boards; and to provide supplementary technical assist-
55 ance and educational services through public or private groups;
S. 710--A 5
1 j. To apply for and receive from the federal and state governments,
2 and public and private agencies, funds to accomplish the purposes of the
3 commission and to solicit, receive and utilize gifts and donations of
4 any kind from any source;
5 k. To assist municipalities in preparing and adopting comprehensive
6 historical asset planning programs, including appropriate laws, ordi-
7 nances and codes;
8 1. To enter into agreements for the extension of its powers and duties
9 to local governments, in concert with local, state and federal agencies
10 and others; and
11 m. To lease and manage real property, solely for the purpose of
12 providing for the official offices of the commission.
13 § 829. Statewide cultural asset and heritage resources management
14 plan. a. The commission shall formulate and from time to time revise a
15 statewide cultural and heritage resources management plan for the
16 management and protection of the quality of the cultural and heritage
17 resources of the state, as well as the historic re-use of historic
18 structures in furtherance of the legislative policy and purposes
19 expressed in this article.
20 b. The commission shall submit an initial plan to the governor and to
21 the legislature on or before September first, two thousand eighteen, and
22 thereafter shall annually submit periodic revisions of such plan to the
23 governor and to the legislature. Such plan and revisions shall become
24 effective upon approval by the governor and shall serve thereafter as a
25 guide to the public.
26 c. In formulating such plan and any revisions, the commission shall:
27 (1) conduct one or more public hearings;
28 (2) consult and cooperate with:
29 (i) officials of departments and agencies of the state having duties
30 and responsibilities concerning the cultural and heritage resources;
31 (ii) officials and representatives of the federal government, neigh-
32 boring states and interstate agencies on problems affecting the environ-
33 ment of this state;
34 (iii) officials and representatives of local government in the state;
35 (iv) officials and representatives of museums, art and cultural insti-
36 tutions, industry and education; and
37 (v) persons, organizations and groups, public or private, utilizing,
38 served by, interested in or concerned with the cultural and heritage
39 resources of the state; and
40 (3) request and receive from any department, division, board, bureau,
41 commission or other agency of the state or any political subdivision
42 thereof or any public authority such assistance and data as may be
43 necessary to enable the department to carry out its responsibilities
44 under this section.
45 § 830. Annual state history conference. The commission shall coordi-
46 nate and conduct an annual conference on state history that will include
47 speakers and workshops on the protection, preservation and promotion of
48 the state's historical assets. The conference shall take place in a
49 different area of the state each year and shall be free of charge and
50 open to the public.
51 § 830-a. State history fellowship program. The commission shall coor-
52 dinate, recruit and train volunteers with backgrounds and interest in
53 New York state history to act as fellows to be made available to state
54 history organizations by the commission. Fellows will provide program
55 support to not-for-profit history organizations and organizations
56 promoting historic re-use at no cost to the organization. Fellowship
S. 710--A 6
1 program volunteers shall provide, based on their experience and train-
2 ing, organizational support in visitor outreach, educational programming
3 and outreach, the evaluation of programs and strategic plans, fundrais-
4 ing and grant writing, and the expansion of volunteer programs.
5 § 2. This act shall take effect on the ninetieth day after it shall
6 have become a law.
