S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5483

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              May 11, 2009
                               ___________

Introduced  by  Sen. SERRANO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Cultural Affairs, Tourism,
  Parks and Recreation

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-
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09016-05-9
              

S. 5483                             2

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.