Bill Text: NY A04742 | 2021-2022 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Passed) 2021-12-22 - approval memo.99 [A04742 Detail]

Download: New_York-2021-A04742-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         4742--A

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 8, 2021
                                       ___________

        Introduced  by  M.  of  A. WOERNER, ENGLEBRIGHT, OTIS, McMAHON, LUPARDO,
          ABINANTI -- read once and referred to the  Committee  on  Governmental
          Operations  --  reference  changed  to Tourism, Parks, Arts and Sports
          Development -- 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.
    15    The  legislature  further  finds that the Bicentennial of the American
    16  Revolution in 1976 drew international attention and attendance at events
    17  and sites across New York and the nation and had  a  lasting  impact  on
    18  historical  education and public history.  The legislature further finds

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01326-06-1
        A. 4742--A                          2

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

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

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

     1    5. To effectuate the purposes of  this  section,  the  commission  may
     2  request  from  any department, board, bureau, commission or other agency
     3  of the state, and the same are authorized to provide,  such  cooperation
     4  and assistance, services and data as will enable the commission to prop-
     5  erly carry out its functions pursuant to this section.
     6    6. In administering the provisions of this section, the commission may
     7  make, within the limitations of appropriations available thereof, grants
     8  to heritage organizations towards the costs of a project approved and to
     9  be undertaken pursuant to this section.
    10    §  4. The state finance law is amended by adding a new section 95-j to
    11  read as follows:
    12    § 95-j. The New York state two hundred fiftieth commemoration  commis-
    13  sion  fund.  1.  There is hereby established in the joint custody of the
    14  state comptroller and the commissioner of taxation and finance a fund to
    15  be known as the "New  York  state  two  hundred  fiftieth  commemoration
    16  commission fund".
    17    2.  Moneys  in  such fund shall consist of all moneys appropriated for
    18  the purpose of such fund, donations to the New York  state  two  hundred
    19  fiftieth commemoration commission created by section 14.12 of the parks,
    20  recreation  and  historic  preservation law and all moneys appropriated,
    21  credited or transferred thereto from any other fund or  source  pursuant
    22  to  law. Any interest received by the comptroller on money on deposit in
    23  the fund shall be retained in and become part of the fund.
    24    3. Moneys within such fund shall be made available  to  the  New  York
    25  state two hundred fiftieth commemoration commission for payment of costs
    26  and expenditures for the following purposes:
    27    (a) no more than ten percent annually for the operation and activities
    28  of such commission;
    29    (b) no less than forty-five percent annually directed to the New  York
    30  state  museum  for  grants to municipalities and not-for-profit heritage
    31  organizations  for historic programming, preservation  and natural  area
    32  protection  and  management  relating  to the New York state two hundred
    33  fiftieth commemorations, and other heritage  projects  like  the  under-
    34  ground  railroad,  women's  suffrage,  and  civil  rights  sites as such
    35  commission  shall identify through its strategic  plan  as described  in
    36  paragraph  (c) of subdivision four of section 14.12 of the parks, recre-
    37  ation and historic preservation law. This grant program shall be  admin-
    38  istered by the office of state history; and
    39    (c) no less than forty-five percent annually directed to the office of
    40  parks, recreation and historic preservation for capital improvements for
    41  the  state's  historic  sites and programming, preservation and outreach
    42  relating to the New York state two hundred fiftieth commemorations.
    43    4. Monies shall be payable from the fund on the audit and  warrant  of
    44  the comptroller on vouchers approved and certified by such commission.
    45    §  5.  This  act shall take effect immediately and shall expire and be
    46  deemed repealed December 31, 2033.