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A03941 Summary:

BILL NOA03941
 
SAME ASSAME AS S02062
 
SPONSOREnglebright
 
COSPNSR
 
MLTSPNSR
 
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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A03941 Actions:

BILL NOA03941
 
01/31/2019referred to governmental operations
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A03941 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3941
 
SPONSOR: Englebright
  TITLE OF BILL: 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   PURPOSE OR GENERAL IDEA OF BILL: Amends the executive law by adding a new article 28.   SUMMARY OF PROVISIONS: Article 28 of the executive law is added with sections 825-830a outlin- ing the legislative findings, definitions, and powers and duties of the new Commission on New York State History.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):   JUSTIFICATION: The state's cultural and heritage assets are major educational, inspira- tional and economic resources that should be preserved, enhanced and fully promoted. The state's cultural and heritage assets are world class destinations for visitors from around the world and should be promoted as such. Having the cultural and heritage assets spread among several state agencies and departments, as is currently the case, has been detrimental to the full utilization of these assets. This bill will provide a commission of experts whose sole responsibility is to fully maximize the protection, preservation and promotion of the state's historical assets for the people of the state to which they belong.   PRIOR LEGISLATIVE HISTORY: 2011-12 A10614 referred,to governmental operations 2013-14 A6226A referred to governmental operations 2015-16 A3274 referred to governmental operations 2017-18 A3406 referred to governmental operations   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: Undetermined.   EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall have become a law.
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A03941 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3941
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 31, 2019
                                       ___________
 
        Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
          Committee on Governmental Operations
 
        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
    22  several  agencies and departments has often been detrimental to the full
    23  utilization of these assets for the people of the state. Therefore,  the
    24  legislature  finds  that  establishing  a  commission  on New York state
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03561-01-9

        A. 3941                             2
 
     1  history that will advise the governor, agencies and the  legislature  as
     2  to the best ways to protect, preserve and promote the invaluable histor-
     3  ical  assets  of  the state is in the best interest of the people of the
     4  state.
     5    The  legislature  further  finds that the protection, preservation and
     6  promotion of our historical assets is fundamental to  the  education  of
     7  the  citizenry  and our concern for the quality of life of the residents
     8  of the state. It is hereby declared to be the policy  of  the  state  to
     9  conserve, improve, beneficially use and protect its historical assets in
    10  order to enhance the education, health, safety and welfare of the people
    11  of the state, and their overall economic and social well-being. It shall
    12  further be the policy of the state to improve and coordinate the histor-
    13  ical  asset plans, functions, powers and programs of the state, in coop-
    14  eration with the federal government, regions, local  governments,  other
    15  public  and  private organizations, and the concerned individual, and to
    16  help develop and manage the historical assets to the end that the  state
    17  may  fulfill  its responsibility as trustee of our cultural and heritage
    18  resources for the present and future generations.  Furthermore, it shall
    19  be the policy of the state  to  foster,  promote,  create  and  maintain
    20  conditions  under  which  man and nature can thrive in harmony with each
    21  other, and achieve social, economic and technological progress for pres-
    22  ent and future generations by:
    23    a. assuring surroundings which are healthful and aesthetically  pleas-
    24  ing;
    25    b.  guaranteeing  that the widest range of beneficial uses of cultural
    26  and heritage resources are attained without risk to  health  or  safety,
    27  unnecessary  degradation,  or  other  undesirable  or  unintended conse-
    28  quences;
    29    c. promoting patterns of development  and  technology  which  minimize
    30  adverse impact on our cultural and heritage resources; and
    31    d.  preserving the unique qualities of special resources such as state
    32  historic sites, state designated heritage areas, sites on  the  national
    33  register  of  historic  places, paintings, sculptures and other artistic
    34  creations, museums, gardens and performing arts venues,  providing  that
    35  care  is  taken for cultural and heritage resources that are shared with
    36  the other states of the United States and with Canada in the manner of a
    37  good neighbor.
    38    e. promoting the maintenance and growth of historic assets as  special
    39  features  of  a  locality and using such historic assets for appropriate
    40  historic re-use, including as a cultural  resource  or  opportunity  for
    41  growth and development of the surrounding area.
    42    § 826. Definitions. As used in this article, unless the context other-
    43  wise  requires,  the  following  words and terms shall have the meanings
    44  ascribed to them:
    45    a. "Commission" means the commission on New York history.
    46    b. "Director" means the director of the commission.
    47    c. "Heritage area" means a definable urban or regional area of  public
    48  and  private uses, ranging in size from a portion of a municipality to a
    49  regional area, with a special coherence, and  such  area  being  distin-
    50  guished  by  physical  and  cultural  resources (natural and/or man made
    51  including waterways, architecture, or artifacts reflecting a  period  of
    52  style  or  cultural heritage) which play a vital role in the life of the
    53  community and/or region and contribute through interpretive, educational
    54  and recreational use to the public. A heritage area may  include  tradi-
    55  tional  parks  (pleasure grounds set apart for recreation of the public)
    56  and historic places or property on the national  or  state  register  of

        A. 3941                             3
 
     1  historic  places.   However such term shall not be deemed to mean a park
     2  or historic place, as those terms are used in other provisions  of  law,
     3  including  those  relating  to alienation of park land and regulation of
     4  public or private activities. Such other provisions of law shall contin-
     5  ue  to apply to the specific parks and historic places within a heritage
     6  area. The term "heritage area" shall be deemed  to  include  areas  that
     7  have  been  previously  designated  as  urban culture parks and heritage
     8  corridors or other similar names applied to  areas  of  special  concern
     9  fitting the definition of a heritage area.
    10    d.  "Historical  asset"  means  any property, real or otherwise, built
    11  structure, event, artifact, object or document deemed significant to the
    12  history and heritage of the people of the state.
    13    e. "Historic preservation" means the study,  designation,  protection,
    14  restoration,  rehabilitation  and use of buildings, structures, historic
    15  districts, areas, and sites significant in  the  history,  architecture,
    16  archeology or culture of this state, its communities or the nation.
    17    f.  "Museum"  means  an  institution  or association, chartered by the
    18  regents or the legislature pursuant to section two  hundred  sixteen  of
    19  the  education law, that exists for the purposes of collecting, preserv-
    20  ing and interpreting collections of objects.
    21    g. "Historic re-use" means the adaptive re-use of  an  historic  asset
    22  for  a purpose other than for which it was initially built that protects
    23  the underlying architectural integrity and facade of  such  an  historic
    24  building,  structure,  district, or area while providing new residential
    25  or commercial purposes that utilize the underlying historical  value  of
    26  the  asset  as  a  special  feature  of  the community or as part of its
    27  marketing strategy and aids  local  community  development  or  supports
    28  maintaining or developing local cultural resources.
    29    § 827. Commission on New York state history. a.  There shall be estab-
    30  lished  the  commission  on  New  York  state  history to consist of the
    31  commissioners of education and of parks, recreation and historic preser-
    32  vation, the chair of the New York state cultural  education  trust,  the
    33  state  librarian, the state archivist, the director of the state museum,
    34  the director of the state division of tourism, a representative  of  one
    35  of the state's native American tribes, and six appointed members, two of
    36  whom  shall  be appointed by the governor, and two each by the temporary
    37  president of the senate and speaker  of  the  assembly.  Each  appointed
    38  member shall serve for a term of four years and shall continue in office
    39  until  a  successor has been appointed. The appointed commission members
    40  shall be qualified by education and experience in the fields of history,
    41  library science, museum studies, public history,  archive  planning  and
    42  management,  heritage area management, anthropology, archeology or other
    43  related professional discipline. The members  of  the  commission  shall
    44  receive  no  compensation for their services but shall be reimbursed for
    45  their expenses actually and necessarily incurred in the  performance  of
    46  their  duties  within  the  amount  available therefor by appropriation.
    47  Notwithstanding any inconsistent provision of law, no officer or employ-
    48  ee of the state or of any civil division thereof,  shall  be  deemed  to
    49  have  forfeited  or  shall  forfeit  his  or her office or employment by
    50  reason of his or her acceptance of membership on such commission.
    51    b. The commission shall choose from  among  its  appointed  members  a
    52  chairman,  vice-chairman  and secretary. The term of office of each such
    53  officer appointed shall be for two years. Each officer of the commission
    54  shall hold office until a successor has been  appointed  and  qualified.
    55  Vacancies in membership of the commission occurring from any cause shall

        A. 3941                             4
 
     1  be  filled by the officer authorized to make the original appointment of
     2  the member whose office becomes vacant.
     3    c. The commission shall hold regular meetings not less than four times
     4  a  year  at  such  time and place as it may desire, and special meetings
     5  when authorized and called as prescribed by the by-laws or by the chair-
     6  man. Ex officio members of the commission may have a  designated  repre-
     7  sentative.
     8    §  828.  Powers  and duties.   The commission shall have the following
     9  powers and duties:
    10    a. To adopt and use a seal; to sue and be sued; to appoint and  remove
    11  officers,  agents  and  employees  and  determine  their qualifications,
    12  duties and compensation; to acquire, hold and dispose of personal  prop-
    13  erty;  to  retain or employ counsel, private consultants and independent
    14  contractors; to make and execute contracts  and  all  other  instruments
    15  necessary  or  convenient  for  the exercise of its powers and functions
    16  under this article;
    17    b. To hire staff, including a director, upon approval of  the  commis-
    18  sion, to assist the commission in implementation of its duties;
    19    c. To prepare, publish and disseminate information or reports to high-
    20  light  for  state  agencies,  local  governments  and the general public
    21  issues, problems and opportunities relevant to the historical assets  of
    22  the state, in concert with state and federal agencies and others;
    23    d.  To stimulate action by public and private organizations on issues,
    24  problems and opportunities that affect  the  historical  assets  of  the
    25  state  including,  but  not  limited to, conferences, meetings and work-
    26  shops;
    27    e. To request and  receive  from  any  department,  division,  office,
    28  board,  bureau,  commission,  agency or instrumentality of the state and
    29  from any political subdivision or agency thereof,  such  assistance  and
    30  data  as will enable it to conduct its studies and investigations pursu-
    31  ant to this article;
    32    f. To assist state agencies, local historians, local  governments  and
    33  other  appropriate  state,  federal  and local organizations to plan and
    34  work towards the protection, preservation, historic re-use and promotion
    35  of the historical assets of the state through coordination  and  cooper-
    36  ation,  and through technical assistance, including planning assistance,
    37  training, citizen education and participation assistance, and assistance
    38  in the preparation of grant applications to other entities;
    39    g. To serve a coordinating role in utilizing the capabilities of other
    40  state and local organizations to carry out the duties prescribed in this
    41  section;
    42    h. To establish a central clearinghouse for historical studies,  which
    43  may  be used by members of the public, local governments and state agen-
    44  cies  in  addressing  state  and  regionwide  issues  related   to   the
    45  protection,  preservation,  historic  re-use and promotion of historical
    46  assets;
    47    i. To develop agreements with local, county and regional  agencies  to
    48  provide  staff  services  through  grants  or  contracts to help finance
    49  services for intermunicipal cooperation; to provide planning services in
    50  conjunction  with  state  agencies,  county  planning  departments   and
    51  regional planning boards; and to provide supplementary technical assist-
    52  ance and educational services through public or private groups;
    53    j.  To  apply  for and receive from the federal and state governments,
    54  and public and private agencies, funds to accomplish the purposes of the
    55  commission and to solicit, receive and utilize gifts  and  donations  of
    56  any kind from any source;

        A. 3941                             5
 
     1    k.  To  assist  municipalities in preparing and adopting comprehensive
     2  historical asset planning programs, including  appropriate  laws,  ordi-
     3  nances and codes;
     4    1. To enter into agreements for the extension of its powers and duties
     5  to  local governments, in concert with local, state and federal agencies
     6  and others; and
     7    m. To lease and manage  real  property,  solely  for  the  purpose  of
     8  providing for the official offices of the commission.
     9    §  829.  Statewide  cultural  asset  and heritage resources management
    10  plan. a. The commission shall formulate and from time to time  revise  a
    11  statewide  cultural  and  heritage  resources  management  plan  for the
    12  management and protection of the quality of the  cultural  and  heritage
    13  resources  of  the  state,  as  well  as the historic re-use of historic
    14  structures  in  furtherance  of  the  legislative  policy  and  purposes
    15  expressed in this article.
    16    b.  The commission shall submit an initial plan to the governor and to
    17  the legislature on or before September first, two  thousand  twenty-two,
    18  and  thereafter shall annually submit periodic revisions of such plan to
    19  the governor and to the  legislature.  Such  plan  and  revisions  shall
    20  become effective upon approval by the governor and shall serve thereaft-
    21  er as a guide to the public.
    22    c. In formulating such plan and any revisions, the commission shall:
    23    (1) conduct one or more public hearings;
    24    (2) consult and cooperate with:
    25    (i)  officials  of departments and agencies of the state having duties
    26  and responsibilities concerning the cultural and heritage resources;
    27    (ii) officials and representatives of the federal  government,  neigh-
    28  boring states and interstate agencies on problems affecting the environ-
    29  ment of this state;
    30    (iii) officials and representatives of local government in the state;
    31    (iv) officials and representatives of museums, art and cultural insti-
    32  tutions, industry and education; and
    33    (v)  persons,  organizations and groups, public or private, utilizing,
    34  served by, interested in or concerned with  the  cultural  and  heritage
    35  resources of the state; and
    36    (3)  request and receive from any department, division, board, bureau,
    37  commission or other agency of the state  or  any  political  subdivision
    38  thereof  or  any  public  authority  such  assistance and data as may be
    39  necessary to enable the department to  carry  out  its  responsibilities
    40  under this section.
    41    §  830.  Annual state history conference. The commission shall coordi-
    42  nate and conduct an annual conference on state history that will include
    43  speakers and workshops on the protection, preservation and promotion  of
    44  the  state's  historical  assets.  The  conference shall take place in a
    45  different area of the state each year and shall be free  of  charge  and
    46  open to the public.
    47    § 830-a. State history fellowship program.  The commission shall coor-
    48  dinate,  recruit  and  train volunteers with backgrounds and interest in
    49  New York state history to act as fellows to be made available  to  state
    50  history  organizations  by  the commission. Fellows will provide program
    51  support  to  not-for-profit  history  organizations  and   organizations
    52  promoting  historic  re-use  at no cost to the organization.  Fellowship
    53  program volunteers shall provide, based on their experience  and  train-
    54  ing, organizational support in visitor outreach, educational programming
    55  and  outreach, the evaluation of programs and strategic plans, fundrais-
    56  ing and grant writing, and the expansion of volunteer programs.

        A. 3941                             6
 
     1    § 2. This act shall take effect on the ninetieth day  after  it  shall
     2  have become a law.
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