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S00710 Summary:

Add Art 28 825 - 830-a, Exec L
Establishes the commission on New York state history and provides for its powers and duties.
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S00710 Text:

                STATE OF NEW YORK
                               2015-2016 Regular Sessions
                    IN SENATE
                                     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
          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.

        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.
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