|SAME AS||SAME AS S02062|
|Add Art 28 §§825 - 830-a, Exec L|
|Establishes the commission on New York state history and provides for its powers and duties.|
|01/31/2019||referred to governmental operations|
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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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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. LBD03561-01-9A. 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 ofA. 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 shallA. 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.