NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5468
SPONSOR: Taylor TITLE OF BILL:
An act to amend the arts and cultural affairs law, in relation to the
Amistad Commission
PURPOSE OR GENERAL IDEA OF BILL:
This bill would move the Amistad commission from the Department of State
to the New York State Education Department.
SUMMARY OF PROVISIONS:
Section 1 amends § 57.52 of the Arts and Cultural Affairs Law by allo-
cating the Amistad Commission from the Department of State to the State
Education Department. The commission will consist of nineteen members,
including the commissioner of education or his or her designee, the
secretary of state or his or her designee, the chancellor of the state
university of New York or his or her designee, serving ex officio, and
sixteen public members. The appointed members shall be chosen with due
regard to broad ethnic diversity and shall have a demonstrated educa-
tional background in the history of the African slave trade and slavery
in America or the contributions of African-Americans to our society. The
commissioner of education, or his or her designee, shall serve as the
chair of the commission and the secretary of state, or his or her desig-
nee, shall serve as the vice chair of the commission. If there is a
vacancy, that vacancy must be filled within 45 days in the same manner
as the original appointment but for the unexpired term only. If such
vacancy is not filled within 45 days, the vacancy will be filled by the
commissioner of education within 30 days but for the unexpired term
only. A new subdivision 1-a provides any business or of her matter that
began under the Department of State regarding the commission are trans-
ferred and assigned to the State Education Department. Additionally, the
commissioner of education or their designee will be responsible for
hiring the staff of the commission and will serve as the liaison between
the commission and the state education department.
Section 2 amends subdivisions 2 and 3 of section 57.53 of the Arts and
Cultural Affairs Law so as to increase awareness and encourage school
districts to utilize curricula on African-American history by: (a)
establishing and administering a program that publicly recognizes and
awards schools that do a good job teaching subjects related to the Afri-
can American experience; and (b) offering grants to individual teachers
who demonstrate exemplary practices teaching subjects related to the
African-American experience and publicize such practices for the use of
other teachers.
Section 3 is the effective date.
JUSTIFICATION:
In New York, the Amistad Commission is charged with surveying school
curricula to find out how much is included about "the African slave
trade and slavery in America" and to make recommendations for improve-
ment. Currently, schools are required to cover slavery, including the
Underground Railroad and the freedom trail. The State Education Depart-
ment should take the lead as they have the responsibility in examining
the findings of the commission's work and helping develop a new curric-
ulum for districts throughout the state. We feel they would be better
equipped to complete this task.
LEGISLATIVE HISTORY:
New Bill
STATE AND LOCAL FISCAL IMPLICATIONS:
No new costs as the expense to one agency will be offset by the incur-
rence of another.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
5468
2025-2026 Regular Sessions
IN ASSEMBLY
February 14, 2025
___________
Introduced by M. of A. TAYLOR -- read once and referred to the Committee
on Tourism, Parks, Arts and Sports Development
AN ACT to amend the arts and cultural affairs law, in relation to the
Amistad Commission
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 57.52 of the arts and cultural affairs law, as
2 added by chapter 404 of the laws of 2005, is amended to read as follows:
3 § 57.52. Amistad commission; established. 1. The Amistad commission
4 (commission), so named in honor of the group of enslaved Africans led by
5 Joseph Cinque who, while being transported in eighteen hundred thirty-
6 nine on a vessel named the Amistad, gained their freedom after over-
7 throwing the crew and eventually having their case successfully argued
8 before the United States Supreme Court, is hereby created and estab-
9 lished. The commission shall consist of nineteen members, including the
10 [secretary of state] commissioner of education or [his or her] their
11 designee, the [commissioner of education] secretary of state or [his or
12 her] their designee, and the chancellor of the state university of New
13 York or [his or her] their designee, serving ex officio, and sixteen
14 public members. Public members shall be appointed as follows: four
15 public members, no more than two of whom shall be of the same political
16 party, shall be appointed by the temporary president of the senate; four
17 public members, no more than two of whom shall be of the same political
18 party, shall be appointed by the speaker of the assembly; and eight
19 public members, no more than four of whom shall be of the same political
20 party, shall be appointed by the governor. The appointed members shall
21 be chosen with due regard to broad ethnic diversity and shall have a
22 demonstrated educational background in the history of the African slave
23 trade and slavery in America or the contributions of African-Americans
24 to our society. The public members shall be residents of the state,
25 chosen with due regard to broad geographic representation and ethnic
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03275-02-5
A. 5468 2
1 diversity, who have an interest in the history of the African slave
2 trade and slavery in America and the contributions of African-Americans
3 to our society.
4 1-a. Any business or other matter undertaken or commenced by the
5 department of state or the secretary of state pertaining to or connected
6 with the functions, powers, obligations and duties of the commission
7 established pursuant to subdivision one of this section are hereby
8 transferred and assigned to the commissioner of education or the depart-
9 ment of education and pending on the effective date of this subdivision,
10 may be conducted and completed by such commissioner or such department
11 in the same manner and under the same terms and conditions and with the
12 same effect as if conducted and completed by the department of state or
13 the secretary of state.
14 2. Each public member of the commission shall serve for a term of
15 three years, except that of the initial members so appointed: one member
16 appointed by the temporary president of the senate, one member appointed
17 by the speaker of the assembly, and two members appointed by the gover-
18 nor shall serve for terms of one year; one member appointed by the
19 temporary president of the senate, one member appointed by the speaker
20 of the assembly, and three members appointed by the governor shall serve
21 for terms of two years; and two members appointed by the temporary pres-
22 ident of the senate, two members appointed by the speaker of the assem-
23 bly, and three members appointed by the governor shall serve for terms
24 of three years. Public members shall be eligible for reappointment. They
25 shall serve until their successors are appointed and qualified, and the
26 term of the successor of any incumbent shall be calculated from the
27 expiration of the term of that incumbent. A vacancy occurring other than
28 by expiration of term shall be filled within forty-five days in the same
29 manner as the original appointment but for the unexpired term only. If
30 such vacancy is not filled within forty five days, the vacancy shall be
31 filled within thirty days by the commissioner of education but for the
32 unexpired term only.
33 3. The members of the commission shall serve without compensation but
34 shall be entitled to reimbursement for all necessary expenses incurred
35 in the performance of their duties.
36 4. The [secretary of state] commissioner of education, or [his or her]
37 their designee, shall serve as the chair and the [commissioner of educa-
38 tion] secretary of state, or [his or her] their designee, shall serve as
39 the vice-chair of the commission. The presence of a majority of the
40 authorized membership of the commission shall be required for the
41 conduct of official business.
42 5. The department of education shall provide technical assistance and
43 data to the commission as may be necessary for the commission to carry
44 out its responsibilities pursuant to this article. The commissioner of
45 education or their designee shall be responsible for hiring the staff of
46 the commission and shall serve as the liaison between the commission and
47 the department of education. The commissioner of education may designate
48 employees of the department of education to provide support and services
49 to the commission as are reasonably necessary.
50 § 2. Subdivisions 2 and 3 of section 57.53 of the arts and cultural
51 affairs law, as added by chapter 404 of the laws of 2005, are amended to
52 read as follows:
53 2. to compile a roster of individual volunteers who are willing to
54 share their knowledge and experience in classrooms, seminars and work-
55 shops with students and teachers on the subject of the African slave
A. 5468 3
1 trade, American slavery and the impact of slavery on our society today,
2 and the contributions of African-Americans to our country; [and]
3 3. to increase awareness and encourage school districts to utilize
4 curricula on African-American history by:
5 (a) establishing and administering a program to publicly recognize
6 schools that do an outstanding job teaching subjects related to the
7 African-American experience through a designation of special status or
8 other award as determined by the commission; and
9 (b) offering grants to individual teachers who demonstrate exemplary
10 practices teaching subjects related to the African-American experience,
11 as determined by the commission, and the commission shall catalog and
12 publicize such practices for use by other teachers; and
13 4. to prepare reports for the governor and the legislature regarding
14 its findings and recommendations on facilitating the inclusion of the
15 African slave trade, American slavery studies, African-American history
16 and special programs in the educational system of the state.
17 § 3. This act shall take effect immediately.
