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A08689 Summary:

BILL NOA08689
 
SAME ASSAME AS S07700
 
SPONSORWoerner
 
COSPNSRJones
 
MLTSPNSR
 
Amd 2, Chap of 2021; amd 14.12, Pks & Rec L; amd 95-j, St Fin L (as proposed in S.4410-C & A.4742-B)
 
Relates to the New York state two hundred fiftieth commemoration commission; adds 8 members to the commission.
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A08689 Actions:

BILL NOA08689
 
01/10/2022referred to tourism, parks, arts and sports development
01/25/2022reported
01/27/2022advanced to third reading cal.312
01/31/2022substituted by s7700
 S07700 AMEND= MAYER
 01/07/2022REFERRED TO RULES
 01/10/2022ORDERED TO THIRD READING CAL.28
 01/12/2022PASSED SENATE
 01/12/2022DELIVERED TO ASSEMBLY
 01/12/2022referred to tourism, parks, arts and sports development
 01/31/2022substituted for a8689
 01/31/2022ordered to third reading cal.312
 01/31/2022passed assembly
 01/31/2022returned to senate
 02/24/2022DELIVERED TO GOVERNOR
 02/24/2022SIGNED CHAP.73
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A08689 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8689
 
SPONSOR: Woerner
  TITLE OF BILL: An act to amend a chapter of the laws of 2021 amending the parks, recre- ation and historic preservation law relating to establishing the "New York state two hundred fiftieth commemoration act" and amending the state finance law relating to establishing the New York state two hundred fiftieth commemoration commission fund, as proposed in legisla- tive bills numbers S. 4410-C and A. 4742-B, in relation to establishing a commission to make recommendations for planning and development for the commemoration of the 250th anniversary of the American Revolution in New York state to take place in coordination with the national cele- bration; to amend the parks, recreation and historic preservation law, in relation to establishing the "New York state two hundred fiftieth commemoration act"; and to amend the state finance law, in relation to establishing the New York state two hundred fiftieth commemoration commission fund   PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to establish the New York State 250th Commemoration commission to facilitate the planning and development of the commemoration of the 250th anniversary of the American Revolution in New York State.   SUMMARY OF PROVISIONS: Outlines the members and duties and functions of the New York State 250th Commemoration commission as, well as establishes the New York. State 250th Commemoration commission fund under the joint custody of the state comptroller and the commissioner of taxation and finance. 57.07 of the Arts and Cultural Affairs Law establishes that each municipality (County, Borough, Town and Village) shall appoint a local government historian, all of whom report and are overseen by the State Historian. The State Historian also oversees the Museum Chartering function of the Board of Regents. In NYS, the Regents charter all museums as educa- tional corpoiations which makes them nonprofit organizations eligible for state and local funding, among other things. Currently the State Historian has one staff member who acts as chartering coordinator. More staff would be needed to oversee a robust grants program related to the 250th. During the era of 1968-1977, the State Historian oversaw NY's Bicentennial Commission work with a staff of 5 and members of the staff of the State Museum also worked on Commission-related projects. DIFFER- ENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE): The amended version clarifies the role of the commission in assisting heritage organizations and adds additional members to the commission to assist in its work.   JUSTIFICATION: New York played an immense role in the lead up to and execution of the American Revolution during the period of 1774-1783, and was the site of several important battles, skirmishes and other events that were inter- nationally significant during the Revolutionary era. The American Revo- lution itself was imperfect and many, including women, African Ameri- cans, and Native Americans, did not benefit from its ideals of liberty and freedom. However, the struggle to fully realize the ideals of the Revolution has continued over the past 250 years as is evident in New York's leading role in such revolutionary civil rights movements as the women's rights and abolitionist movements, the Underground Railroad, and the LGBTQ movement. The Bicentennial of the American Revolution in 1976 drew international attention and attendance at events and sites across New York and the nation and had a lasting impact on historical education and public history. The commemoration of the 250th anniversary of the American Revolution should also be an occasion for recognition of New York's vital role in the Revolution itself as well as the ongoing strug- gle of marginalized groups to achieve the ideals of the Revolution. This commemoration should be statewide, involving all the people of the state through imaginative and innovative programs, grants, events, exhibits and new and expanded facilities and marketing to engage the people of the nation and from all parts of the world. The 250th anniversary and the years proceeding it offers great opportunity to educate and inspire the people of the state to increase recognition and appreciation of New York's role in the American Revolution and subsequent civil rights struggles as well as the complex nature of the state and nation's histo- ry with regards to the ideals of liberty.   PRIOR LEGISLATIVE HISTORY: None.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: To be determined.   EFFECTIVE DATE: This act shall take effect immediately.
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A08689 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8689
 
                   IN ASSEMBLY
 
                                    January 10, 2022
                                       ___________
 
        Introduced  by M. of A. WOERNER -- read once and referred to the Commit-
          tee on Tourism, Parks, Arts and Sports Development
 
        AN ACT to amend a chapter of the laws of 2021 amending the parks, recre-
          ation and historic preservation law relating to establishing the  "New
          York  state  two  hundred fiftieth commemoration act" and amending the
          state finance law relating to establishing  the  New  York  state  two
          hundred  fiftieth commemoration commission fund, as proposed in legis-
          lative bills numbers S. 4410-C and A. 4742-B, in  relation  to  estab-
          lishing a commission to make recommendations for planning and develop-
          ment  for  the  commemoration of the 250th anniversary of the American
          Revolution in New York state to take place in  coordination  with  the
          national  celebration;    to  amend the parks, recreation and historic
          preservation law, in relation to establishing the "New York state  two
          hundred  fiftieth  commemoration  act"; and to amend the state finance
          law, in relation to establishing the New York state two hundred fifti-
          eth commemoration commission fund
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Section  2  of a chapter of the laws of 2021 amending the
     2  parks, recreation and historic preservation law relating to establishing
     3  the "New York state two hundred fiftieth commemoration act" and amending
     4  the state finance law relating to establishing the New  York  state  two
     5  hundred  fiftieth commemoration commission fund, as proposed in legisla-
     6  tive bills numbers S. 4410-C and  A.  4742-B,  is  amended  to  read  as
     7  follows:
     8    §  2.  Legislative findings and intent. The legislature finds that New
     9  York played an immense role in the lead up to and execution of the Amer-
    10  ican Revolution during the period of 1774-1783,  and  was  the  site  of
    11  several  important battles, skirmishes and other events that were inter-
    12  nationally significant during the Revolutionary era. The American  Revo-
    13  lution  itself  was  imperfect and many, including women, African Ameri-
    14  cans, and Native Americans, did not benefit from its ideals  of  liberty
    15  and  freedom.  However,  the struggle to fully realize the ideals of the
    16  Revolution has continued over the past 250 years as is  evident  in  New
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01326-12-2

        A. 8689                             2
 
     1  York's  leading role in such revolutionary civil rights movements as the
     2  women's rights and abolitionist movements, the underground railroad, and
     3  the LGBTQ movement.
     4    The  legislature  further  finds that the Bicentennial of the American
     5  Revolution in 1976 drew international attention and attendance at events
     6  and sites across New York and the nation and had  a  lasting  impact  on
     7  historical  education and public history.  The legislature further finds
     8  that the commemoration of the 250th anniversary of  the  American  Revo-
     9  lution  should  also  be an occasion for recognition of New York's vital
    10  role in the Revolution itself as well as the ongoing struggle of  margi-
    11  nalized  groups  to  achieve  the ideals of the Revolution. This commem-
    12  oration should be statewide, involving  all  the  people  of  the  state
    13  through  imaginative  and innovative programs, grants, events, exhibits,
    14  new and expanded facilities, and marketing to engage the people  of  the
    15  nation and from all parts of the world.
    16    The legislature further finds that the 250th anniversary and the years
    17  proceeding it offers great opportunity to educate and inspire the people
    18  of the state to increase recognition and appreciation of New York's role
    19  in the American Revolution and subsequent civil rights struggles as well
    20  as  the complex nature of the state and nation's history with regards to
    21  the ideals of liberty and freedom.  Therefore, it is  the  intention  of
    22  the  legislature  to  establish a commission to make recommendations for
    23  planning and development for the commemoration of the 250th  anniversary
    24  of  the  American  Revolution in New York state to take place in coordi-
    25  nation with the national celebration.
    26    § 2. Section 14.12 of the parks, recreation and historic  preservation
    27  law,  as  added  by  a  chapter  of the laws of 2021 amending the parks,
    28  recreation and historic preservation law relating  to  establishing  the
    29  "New York state two hundred fiftieth commemoration act" and amending the
    30  state  finance  law  relating  to  establishing  the  New York state two
    31  hundred fiftieth commemoration commission fund, as proposed in  legisla-
    32  tive  bills  numbers  S.  4410-C  and  A.  4742-B, is amended to read as
    33  follows:
    34    § 14.12 New York state two hundred fiftieth commemoration  commission.
    35  1. As used in this section, the following terms shall mean and include:
    36    (a) "Commission" means the New York state two hundred fiftieth commem-
    37  oration commission created by subdivision two of this section.
    38    (b) "Heritage organization" means a historic site, historical society,
    39  battlefield,   historic  park,  history-based  museum,  friends  groups,
    40  library, archive, academic institute, historical  anniversary  organiza-
    41  tion,  historical  awareness  group  or  Native American cultural center
    42  whose mission is to preserve  and  promote  the  history  of  a  locale,
    43  region, people, or the entirety of the state.
    44    2. (a) The office shall create the New York state two hundred fiftieth
    45  commemoration  commission. From the effective date of this section until
    46  December thirty-first, two thousand thirty-three, such commission  shall
    47  develop[,  plan,]  plans to promote and coordinate activities to commem-
    48  orate the two hundred fiftieth anniversary of the  American  Revolution.
    49  Such [activities shall] plans may include [but not be limited to]:
    50    (i)  [making] including heritage organizations as the focal points for
    51  the commemoration;
    52    (ii) coordinating forums across the  state  to  seek  ideas  from  the
    53  public  on  the  commemoration  including how New Yorkers, Americans and
    54  those from other countries may celebrate such anniversary;

        A. 8689                             3
 
     1    (iii) coordinating activities with  civic,  educational  and  heritage
     2  organizations to develop public interest and involvement in the planning
     3  and development of the commemoration;
     4    (iv)  promoting  and  encouraging  educational outreach programs using
     5  media and technology  including  electronic  communications  to  achieve
     6  national and international impact;
     7    (v)  coordinating  the planning of commemorative events for all inter-
     8  ested communities throughout the state;
     9    (vi) inviting other interested states and nations  to  participate  in
    10  programs and events for the commemoration;
    11    (vii) coordinating and promoting the holding of meetings, conferences,
    12  seminars  and  conventions in interested communities using such anniver-
    13  sary as an attraction and theme;
    14    (viii) coordinating and promoting the holding of community  engagement
    15  and  educational events in interested communities using such anniversary
    16  as an attraction and theme;
    17    (ix) seeking funding from private individuals, foundations and  corpo-
    18  rations  to  support capital improvements, preservation and conservation
    19  needs associated with events and sites commemorating such anniversary;
    20    (x) coordinating and  cooperating  with  state  entities  and  tourist
    21  promotion  agencies, as defined in article five-A of the economic devel-
    22  opment law;
    23    (xi) coordinating and cooperating with local, state and federal  enti-
    24  ties including those relating to heritage area promotion and any federal
    25  commission  created  to  participate in planning and development of such
    26  anniversary observance; and
    27    (xii) setting goals and benchmarks for the work of the commission.
    28    (b) The commission [shall] may coordinate and consult with  the    New
    29  York  state  military  museum  and  veterans  research  center, Saratoga
    30  national historical  park, Champlain Valley National  Heritage  Partner-
    31  ship,  Erie  Canalway  National  Heritage  Corridor,  Maurice D. Hinchey
    32  Hudson River Valley  National  Heritage  Area,  Niagara  Falls  National
    33  Heritage  Area,  Humanities New York, Association of Public Historian of
    34  New York State, the Preservation League  of  New  York  State,  national
    35  historic landmarks, national historic landmark stewardship organizations
    36  and any other organizations it deems necessary in the development, plan-
    37  ning,  promotion  and  coordination of activities to commemorate the two
    38  hundred fiftieth anniversary of the American Revolution.
    39    (c) The commission [shall] may coordinate and consult with each of the
    40  following:  the Cayuga  Nation, the Oneida Indian Nation,  the  Onondaga
    41  Indian  Nation, the Saint Regis Mohawk Tribe, the Seneca Nation of Indi-
    42  ans, the Shinnecock Indian Nation, the Stockbridge-Munsee Community Band
    43  of Mohican Indians, the Tonawanda Band  of  Seneca,  and  the  Tuscarora
    44  Nation.
    45    (d)  The  commission  shall  consist  of  [thirteen] twenty-one voting
    46  members to be appointed as follows:
    47    (i) the commissioner or his or her designee;
    48    (ii) the commissioner of the department of education  or  his  or  her
    49  designee;
    50    (iii) the president and chief executive officer of empire state devel-
    51  opment or his or her designee;
    52    (iv) [three] the commissioner of the office of general services;
    53    (v) the secretary of state or his or her designee;
    54    (vi)  chair  of  the New York state tourism advisory council or his or
    55  her designee;
    56    (vii) chair of the council for the arts or his or her designee;

        A. 8689                             4
 
     1    (viii) director of the canal corporation or his or her designee;
     2    (ix)  four    members  shall be appointed by the governor, [two] three
     3  members shall be appointed by the temporary  president  of  the  senate,
     4  [two]  three  members shall be appointed by the speaker of the assembly,
     5  one member shall be appointed by the minority leader of the  senate  and
     6  one member shall be appointed by the minority leader of the assembly, to
     7  the  extent  practicable,  these  appointments shall include a represen-
     8  tative from each of the ten regional economic development councils; and
     9    [(v)] (x) the New York state historian.
    10    (d) To the extent practicable, such appointees shall  have  a  profes-
    11  sional  background in one or more of the following fields: local govern-
    12  ment historian, academic historian, museum professional, social  studies
    13  teacher  or  professor,  tourism professional, archeologist, anthropolo-
    14  gist, or other expertise in the field of New York state  history  and/or
    15  historic  preservation, or professional or volunteer fundraising experi-
    16  ence.
    17    (e) The commissioner and the commissioner of the department of  educa-
    18  tion  shall  be  co-chairpersons  of  the  commission.  Vacancies in the
    19  membership of the commission shall be filled in the same manner provided
    20  for original appointments.
    21    (f) A majority of the members of the  commission  shall  constitute  a
    22  quorum.
    23    (g)  The  members  of the commission shall receive no compensation for
    24  their services but shall be allowed their actual and necessary  expenses
    25  incurred in the performance of their duties.
    26    (h) The commission shall hold a meeting at least once each quarter.
    27    3. The commission shall have the power:
    28    (a)  to  prepare,  publish  and  disseminate information or reports to
    29  highlight for state agencies, local governments, and the general  public
    30  issues, problems, and opportunities relevant to the two hundred fiftieth
    31  anniversary of the American Revolution;
    32    (b) to assist local governments and other appropriate organizations to
    33  plan commemorations of the two hundred fiftieth anniversary of the Amer-
    34  ican Revolution, and to do this, as far as possible, through cooperation
    35  and through technical assistance, including planning assistance, citizen
    36  education and participation assistance, and assistance in preparation of
    37  grant applications to other entities;
    38    (c)  to apply for and receive funds from the federal and state govern-
    39  ment;
    40    (d) notwithstanding any inconsistent provision of law, to solicit  and
    41  accept gifts for the purpose of furthering the objectives of the commis-
    42  sion pursuant to this section;
    43    (e) to conduct historical, economic and cultural studies;
    44    (f) to conduct education programs;
    45    (g)  to  assist  individuals, corporations, heritage organizations and
    46  other public entities on  ways  to  protect  and  promote  the  heritage
    47  resources of the state;
    48    (h) to prepare an annual report on the conduct of its activities which
    49  shall  be  delivered to the governor, temporary president of the senate,
    50  and the speaker of the assembly by January first;
    51    (i) to serve a coordinating role  in  utilizing  the  capabilities  of
    52  other  organizations to carry out the duties prescribed in this section;
    53  and
    54    (j) to exercise and perform such other powers and duties as shall have
    55  been or may be conferred by law.

        A. 8689                             5
 
     1    4. (a) The commission shall develop  a  strategic  plan,  which  shall
     2  [contain]  recommend  plans  for  commemorating  the state's role in the
     3  founding of the nation and the ensuing two hundred fifty years of histo-
     4  ry.
     5    (b)  The  strategic  plan shall be consistent with [the state historic
     6  preservation plan, the Erie Canalway National Heritage Corridor  preser-
     7  vation and management plan, the Champlain Valley National Heritage Part-
     8  nership  management  plan,  the  Niagara  Falls  National  Heritage Area
     9  management plan, the Hudson River Valley Greenway  strategic  plan,  and
    10  the Hudson-Hoosic Rivers Partnership stewardship plan, as such plans are
    11  amended] existing management plans for resources included in the plan.
    12    (c)  Such strategic plan [shall] may include, but shall not be limited
    13  to, a survey or inventory of the following, together with the establish-
    14  ment of management priorities thereof: (i) historic, cultural and  other
    15  heritage  resources;  (ii)  scenic  resources; and (iii) educational and
    16  recreational resources.
    17    (d) [Within twelve months of the effective date of  this  section]  By
    18  December  thirty-first,  two  thousand  twenty-two, the commission shall
    19  vote to finalize [such plans] the recommendation contained in the  stra-
    20  tegic plan. A copy of the strategic plan shall be provided to the gover-
    21  nor, the temporary president of the senate and the speaker of the assem-
    22  bly.
    23    (e)  The  commission  [shall]  may propose amendments to the strategic
    24  plan described in this subdivision as they are deemed  to  be  necessary
    25  and appropriate.
    26    5.  To  effectuate  the  purposes  of this section, the commission may
    27  request from any department, board, bureau, commission or  other  agency
    28  of  the  state, and the same are authorized to provide, such cooperation
    29  and assistance, services and data as will enable the commission to prop-
    30  erly carry out its functions pursuant to this section.
    31    6. In administering the provisions of this section, the commission may
    32  make, within the limitations of appropriations available thereof, grants
    33  to heritage organizations towards the costs of a project  [approved  and
    34  to  be undertaken pursuant to this section] recommended in the plan. The
    35  commission may submit letters of support for grant applications  submit-
    36  ted by an organization for projects or programs recommended in the plan.
    37    §  3.  Section 95-j of the state finance law, as added by a chapter of
    38  the laws of 2021 amending the parks, recreation and  historic  preserva-
    39  tion law relating to establishing the "New York state two hundred fifti-
    40  eth  commemoration  act"  and amending the state finance law relating to
    41  establishing the New York state  two  hundred  fiftieth    commemoration
    42  commission  fund, as proposed in legislative bills numbers S. 4410-C and
    43  A. 4742-B, is amended to read as follows:
    44    § 95-j. The New York state two hundred fiftieth commemoration  commis-
    45  sion  fund.  1.  There is hereby established in the joint custody of the
    46  state comptroller and the commissioner of taxation and finance a fund to
    47  be known as the "New  York  state  two  hundred  fiftieth  commemoration
    48  commission fund".
    49    2.  Moneys  in  such fund shall consist of all moneys appropriated for
    50  the purpose of such fund, donations to the New York  state  two  hundred
    51  fiftieth commemoration commission created by section 14.12 of the parks,
    52  recreation  and  historic  preservation law and all moneys appropriated,
    53  credited or transferred thereto from any other fund or  source  pursuant
    54  to  law. Any interest received by the comptroller on money on deposit in
    55  the fund shall be retained in and become part of the fund.

        A. 8689                             6
 
     1    3. Moneys within such fund shall be made available  to  the  New  York
     2  state two hundred fiftieth commemoration commission for payment of costs
     3  and expenditures for the following purposes:
     4    (a) no more than ten percent annually for the operation and activities
     5  of such commission;
     6    (b) no less than forty-five percent annually directed to the New  York
     7  state   museum   for  grants to local governments and heritage organiza-
     8  tions upon recommendation of the commission  for  historic  programming,
     9  preservation    and natural   area protection  and  management  relating
    10  to the New York state two hundred  fiftieth  commemorations,  and  other
    11  heritage    projects    like    the  under- ground   railroad,   women's
    12  suffrage,  and  civil  rights  sites as such commission  shall  identify
    13  through its strategic  plan  as described  in paragraph  (c) of subdivi-
    14  sion four of section 14.12 of the parks, recreation and historic preser-
    15  vation  law.  This  grant program shall be administered by the office of
    16  state history; and
    17    (c) no less than forty-five percent annually directed to the office of
    18  parks, recreation and historic preservation for capital improvements for
    19  the state's historic sites and programming,  preservation  and  outreach
    20  relating to the New York state two hundred fiftieth commemorations.
    21    4.  Monies  shall be payable from the fund on the audit and warrant of
    22  the comptroller on vouchers approved and certified by such commission.
    23    § 4. This act shall take effect immediately; provided,  however,  that
    24  sections  two  and  three of this act shall take effect on the same date
    25  and in the same manner as a chapter of the laws  of  2021  amending  the
    26  parks, recreation and historic preservation law relating to establishing
    27  the "New York state two hundred fiftieth commemoration act" and amending
    28  the  state  finance  law relating to establishing the New York state two
    29  hundred fiftieth commemoration commission fund, as proposed in  legisla-
    30  tive bills numbers S. 4410-C and A. 4742-B, takes effect.
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