S T A T E   O F   N E W   Y O R K
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                                 7432--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              April 6, 2009
                               ___________

Introduced  by  M. of A. ENGLEBRIGHT, REILLY, ESPAILLAT, TITONE, FIELDS,
  CASTRO, COOK, JAFFEE, PEOPLES, STIRPE, MILLMAN --  Multi-Sponsored  by
  --  M. of A.  CHRISTENSEN, EDDINGTON, GOTTFRIED, GUNTHER, KOON, McENE-
  NY, SCHIMEL, SWEENEY -- read once and referred  to  the  Committee  on
  Tourism,  Arts  and  Sports  Development -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT to amend the parks, recreation and historic preservation law, in
  relation to the New York state heritage areas advisory council

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 33.01 of the parks, recreation and historic preser-
vation law, as amended by chapter 747 of the laws of 2005, is amended to
read as follows:
  S  33.01  New  York state heritage areas advisory council. There shall
continue to be in the office a New York state  heritage  areas  advisory
council  which shall consist of [twenty-one] TWENTY-SIX members or their
designated representatives. The commissioner shall be a  member  of  the
advisory  council[, shall coordinate the functions and activities of the
office with those of the advisory council and shall serve as its chair].
In addition, the advisory council shall consist of the following  [twen-
ty] TWENTY-FIVE other members: the commissioner of economic development,
to  advise and assist regarding related tourism and economic revitaliza-
tion; the commissioner of education, to advise and assist regarding  the
interpretive  and  educational aspects of the programs; the secretary of
state, to advise and assist regarding matters of  community  development
and  state planning and to advise on the identification and preservation
of rural resources; the commissioner of transportation,  to  advise  and
assist regarding matters of transportation to and within heritage areas;
the  president  of  the New York state urban development corporation, to
advise and assist regarding matters of economic development; the commis-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09016-04-9
              

A. 7432--A                          2

sioner of environmental conservation, to  advise  and  assist  regarding
matters  of  conservation  and use of natural resources; the chairman of
the state board for historic  preservation,  to  advise  and  assist  in
matters regarding historic preservation; the commissioner of housing and
community renewal to advise and assist regarding neighborhood and commu-
nity development and preservation programs; the chairman of the New York
state  thruway  authority  regarding the operation of the New York state
canal system; the commissioner  of  agriculture  and  markets  regarding
agriculture  in  heritage  areas; A REPRESENTATIVE OF THE STATE HERITAGE
AREA ASSOCIATION; THE DIRECTOR OR CHIEF EXECUTIVE OFFICER OF THE  HUDSON
RIVER NATIONAL HERITAGE AREA, THE ERIE CANALWAY NATIONAL HERITAGE CORRI-
DOR,  THE CHAMPLAIN VALLEY NATIONAL HERITAGE PARTNERSHIP AND THE NIAGARA
FALLS NATIONAL HERITAGE AREA; and ten members to  be  appointed  by  the
governor,  three  of  such  members shall be municipal officers, elected
officials or representatives of local government interest and  seven  of
such members shall be, by professional training or experience or attain-
ment,  qualified  to analyze or interpret matters relevant to the estab-
lishment and maintenance of state designated  heritage  areas  including
urban  cultural  parks  and heritage corridors, one of whom shall be the
director of a heritage  area.  Of  these  last  seven,  two  are  to  be
appointed  from  names recommended by the majority leader of the senate,
two are to be appointed from names recommended by  the  speaker  of  the
assembly,  one is to be appointed from names recommended by the minority
leader of the senate and one is to be appointed from  names  recommended
by the minority leader of the assembly.  The governor may designate such
ex-officio  members  who  shall  be from the executive department, state
agencies or public corporations as he or she deems appropriate; provided
that such ex-officio members shall not vote on matters before the  advi-
sory  council. For the ten members appointed by the governor, each shall
hold office for a term of five years and  until  his  or  her  successor
shall  have been appointed or until he or she shall resign.  THE MEMBERS
OF THE ADVISORY COUNCIL SHALL ELECT A CHAIR FROM AMONGST ITS MEMBERS FOR
A TERM OF THREE YEARS. ELEVEN MEMBERS  OF  THE  ADVISORY  COUNCIL  SHALL
CONSTITUTE  A QUORUM FOR THE TRANSACTION OF ANY BUSINESS AT BOTH REGULAR
AND SPECIAL MEETINGS. ANY EX-OFFICIO MEMBER MAY DELEGATE ALL HIS OR  HER
DUTIES OF MEMBERSHIP, INCLUDING VOTING RIGHTS, TO AN OFFICER OR EMPLOYEE
OF  SUCH  MEMBER'S  ORGANIZATION.  No  member  shall receive any compen-
sation[, but members who are not state officials shall  be  entitled  to
actual  and  necessary  expenses  incurred  in  the performance of their
duties].
  S 2. Subdivisions 1 and 5 of section 33.03 of  the  parks,  recreation
and  historic preservation law, subdivision 1 as added by chapter 541 of
the laws of 1982 and subdivision 5 as amended by chapter 747 of the laws
of 2005, are amended to read as follows:
  1. Meet at least twice each year to provide information and review the
activities [of] WITHIN  the  [office]  STATE  HERITAGE  AREAS  conducted
pursuant to this title.
  5.  Exercise  and  perform  such  other advisory functions, powers and
duties related to the planning, development and management of the system
as may be [requested by the commissioner] APPROPRIATE.
  S 3. This act shall take effect immediately.