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A08405 Summary:

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A08405 Floor Votes:

A08405 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8405--C
                                                                Cal. No. 710
 
                               2009-2010 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 19, 2009
                                       ___________
 
        Introduced  by  M.  of A. BRODSKY, RUSSELL, SCHROEDER, CUSICK, DelMONTE,
          CASTRO, LAVINE, FIELDS, KOON, GABRYSZAK, CAHILL,  MAGNARELLI,  ZEBROW-
          SKI,  ESPAILLAT, MAISEL -- Multi-Sponsored by -- M. of A. BING, CHRIS-
          TENSEN, COOK, GALEF, GLICK, GOTTFRIED, GUNTHER, JOHN,  MAGEE,  MARKEY,

          MAYERSOHN,  McENENY,  NOLAN,  SCOZZAFAVA,  SWEENEY, WEISENBERG -- read
          once and referred to the Committee on Tourism, Arts and Sports  Devel-
          opment  --  passed  by  Assembly and delivered to the Senate, recalled
          from the Senate, vote reconsidered, bill amended,  ordered  reprinted,
          retaining  its place on the order of third reading -- again amended on
          third reading, ordered reprinted, retaining its place on the order  of
          third  reading  --  again amended on third reading, ordered reprinted,
          retaining its place on the order of third reading
 
        AN ACT to create a temporary New York state War of 1812  200th  anniver-
          sary  commemoration commission to promote the 200th anniversary of the
          War of 1812
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 

     1    Section  1.  Legislative  findings.  The  legislature hereby finds and
     2  declares there is a need to create a New York state War  of  1812  200th
     3  anniversary commemoration commission to promote the 200th anniversary of
     4  the War of 1812 which will take place from enactment of this legislation
     5  until  2015.  The  primary focus of the New York state War of 1812 200th
     6  anniversary commemoration commission will be  to  plan  and  execute  an
     7  organized  series of War of 1812 reenactment tourism events. The tourism
     8  events will highlight the following key sites:  The  Seaway  Trail,  Old
     9  Fort  Niagara, the Battle of Ogdensburg, the Battle of Plattsburgh, Fort
    10  Ontario, Fort Wadsworth, and Sackets Harbor. The legislature finds  that
    11  the  creation  of a New York state War of 1812 200th anniversary commem-
    12  oration commission is necessary to bring together persons  qualified  by

    13  experience  or  by  powers vested in them by their offices to coordinate
    14  and facilitate such a multi-year event.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11326-06-9
        A. 8405--C                          2
 
     1    § 2. New York  state  War  of  1812  200th  anniversary  commemoration
     2  commission;  created.  1.  There  is  hereby  created  a temporary state
     3  commission to be known as the "New York state War of 1812 200th anniver-
     4  sary commemoration commission".
     5    2. Definitions. As used in this act:
     6    a. "Commission" means the New York state War of 1812 200th anniversary
     7  commemoration commission created by this section.

     8    b.  "Re-enactor"  means  a person who is a recognized member of a duly
     9  constituted reenactment organization approved by the host site  and  who
    10  participates in the main War of 1812 reenactment event for the year.
    11    3.  a.  The  commission  shall  consist  of  twenty-four members to be
    12  appointed as follows:
    13    The commissioner of parks, recreation and historic preservation or his
    14  or her duly designated representative, the commissioner of education  or
    15  his  or her duly designated representative, the commissioner of economic
    16  development or his or  her  duly  designated  representative,  represen-
    17  tatives  from  The  Seaway  Trail,  Old  Fort Niagara, Fort Ontario, the
    18  Battle of Ogdensburg, the Battle of  Plattsburgh,  Fort  Wadsworth,  and
    19  Sackets  Harbor,  eight members of the War of 1812 reenactment community
    20  of whom two shall be appointed by the governor, two shall  be  appointed

    21  by  the temporary president of the senate, two shall be appointed by the
    22  speaker of the assembly, one shall be appointed by the  minority  leader
    23  of  the  senate and one shall be appointed by the minority leader of the
    24  assembly. Additionally, six representatives will be appointed  from  the
    25  hospitality  and  tourism  business  community  from  the aforementioned
    26  regions, two members shall be appointed  by  the  governor,  one  member
    27  shall  be appointed by the temporary president of the senate, one member
    28  shall be appointed by the speaker of the assembly, one member  shall  be
    29  appointed  by  the minority leader of the senate and one member shall be
    30  appointed by the minority leader of the assembly.  The  commissioner  of
    31  parks,  recreation  and  historic preservation or his or her duly desig-
    32  nated representative shall serve as chairperson of the commission.   The

    33  fourteen appointed members shall serve at the pleasure of the appointing
    34  official.  Appointments shall be made within sixty days of the effective
    35  date of this act. If a member misses three  meetings  his  or  her  seat
    36  shall  be  considered  vacant.  Vacancies  shall be filled in the manner
    37  provided for in the original appointments.
    38    b. The members of the commission shall  receive  no  compensation  for
    39  their  services  but  shall be reimbursed for their actual and necessary
    40  expenses incurred by them in the performance of their duties.
    41    c. Notwithstanding any inconsistent provision of any general,  special
    42  or  local  law,  ordinance, resolution or charter, no officer, member or
    43  employee of the state or of any public corporation shall forfeit his  or
    44  her  office or employment by reason of his or her acceptance of appoint-

    45  ment as a member of the commission, nor shall service as such commission
    46  member be deemed incompatible or in conflict with such office or employ-
    47  ment.
    48    d. The commission shall appoint such staff  as  may  be  necessary  to
    49  carry out its duties.
    50    § 3. Powers and duties of the commission. 1. The commission shall have
    51  the following powers and duties:
    52    a. To coordinate the commemoration of the 200th anniversary of the War
    53  of 1812 from the effective date of this act through 2015;
    54    b.  To plan and execute an organized series of War of 1812 reenactment
    55  tourism events;
        A. 8405--C                          3
 
     1    c. To promote War of 1812 educational studies in  grades  kindergarten
     2  through 12 in New York state schools; and
     3    2.  The  commission shall work with battlefields within New York state

     4  and other commissions relating to the War of 1812 that are planning  War
     5  of  1812  reenactment  events. Each battlefield shall have the authority
     6  over how such events are handled.
     7    § 4. The commission may employ and at pleasure remove  such  personnel
     8  as  it  may  deem necessary for the performance of its functions and fix
     9  their compensation within the amounts made  available  by  appropriation
    10  therefor.  The  commission may meet and hold public and private hearings
    11  within or without the state, and shall have all the powers of a legisla-
    12  tive committee pursuant to the legislative law.
    13    § 5. The commission may request and shall receive  from  any  subdivi-
    14  sion, department, board, commission, office, agency, or other instrumen-
    15  tality of the state or of any political subdivision thereof such facili-
    16  ties,  assistance  and  data  as it deems necessary or desirable for the

    17  proper execution of its powers and duties and to effectuate the purposes
    18  set forth in this act.
    19    § 6. The commission is hereby authorized and empowered to  enter  into
    20  any  agreements  and  to  do and perform any acts that may be necessary,
    21  desirable or proper to carry out the purposes  and  objectives  of  this
    22  act.
    23    §  7.  The  commission  shall continue in existence until December 31,
    24  2015, at which time it shall be deemed to be repealed.
    25    § 8. This act shall take effect immediately.