NY State Assembly Bill 2015-A3274A

Assembly Bill A3274A

2015-2016 Legislative Session

Establishes the commission on New York state history and provides for its powers and duties

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Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to governmental operations
Dec 16, 2015	print number 3274a
Dec 16, 2015	amend and recommit to governmental operations
Jan 22, 2015	referred to governmental operations

Bill Amendments

Original

A (Active)

2015-A3274 - Details

See Senate Version of this Bill:: S710
Current Committee:: Assembly Governmental Operations
Law Section:: Executive Law
Laws Affected:: Add Art 28 §§825 - 830-a, Exec L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A6226, S4883
2017-2018: A3406, S3452
2019-2020: A3941, S2062

2015-A3274 - Summary

Establishes the commission on New York state history and provides for its powers and duties.

2015-A3274 - Bill Text download pdf

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

                                  3274

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2015
                               ___________

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:

  Section 1.  The executive law is amended by adding a new article 28 to
read as follows:
                               ARTICLE 28
                      COMMISSION ON NEW YORK STATE
                                 HISTORY
SECTION 825.   LEGISLATIVE FINDINGS AND DECLARATION OF PURPOSE.
        826.   DEFINITIONS.
        827.   COMMISSION ON NEW YORK STATE HISTORY.
        828.   POWERS AND DUTIES.
        829.   STATEWIDE  CULTURAL  ASSET AND HERITAGE RESOURCES MANAGE-
                 MENT PLAN.
        830.   ANNUAL STATE HISTORY CONFERENCE.
        830-A. STATE HISTORY FELLOWSHIP PROGRAM.
  S 825.  LEGISLATIVE FINDINGS AND DECLARATION OF PURPOSE. THE  LEGISLA-
TURE  DETERMINES  THAT  THE  STATE'S  HISTORICAL ASSETS ARE MAJOR EDUCA-
TIONAL, INSPIRATIONAL AND ECONOMIC RESOURCES THAT SHOULD  BE  PRESERVED,
ENHANCED  AND  FULLY  PROMOTED.  THE STATE'S HISTORICAL ASSETS ARE WORLD
CLASS DESTINATIONS FOR VISITORS FROM AROUND  THE  WORLD  AND  SHOULD  BE
PROMOTED  AS SUCH.   HAVING THE MANAGEMENT, INTERPRETATION AND PROMOTION
OF THE STATE'S HISTORICAL  ASSETS  SPREAD  AMONG  SEVERAL  AGENCIES  AND
DEPARTMENTS  HAS OFTEN BEEN DETRIMENTAL TO THE FULL UTILIZATION OF THESE
ASSETS FOR THE PEOPLE OF THE STATE.  THEREFORE,  THE  LEGISLATURE  FINDS
THAT  ESTABLISHING  A  COMMISSION  ON  NEW  YORK STATE HISTORY THAT WILL
ADVISE THE GOVERNOR, AGENCIES AND THE LEGISLATURE AS TO THE BEST WAYS TO

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04288-01-5

A. 3274                             2

PROTECT, PRESERVE AND PROMOTE THE INVALUABLE HISTORICAL  ASSETS  OF  THE
STATE IS IN THE BEST INTEREST OF THE PEOPLE OF THE STATE.
  THE  LEGISLATURE  FURTHER  FINDS THAT THE PROTECTION, PRESERVATION AND
PROMOTION OF OUR HISTORICAL ASSETS IS FUNDAMENTAL TO  THE  EDUCATION  OF
THE  CITIZENRY  AND OUR CONCERN FOR THE QUALITY OF LIFE OF THE RESIDENTS
OF THE STATE. IT IS HEREBY DECLARED TO BE THE POLICY  OF  THE  STATE  TO
CONSERVE, IMPROVE, BENEFICIALLY USE AND PROTECT ITS HISTORICAL ASSETS IN
ORDER TO ENHANCE THE EDUCATION, HEALTH, SAFETY AND WELFARE OF THE PEOPLE
OF THE STATE, AND THEIR OVERALL ECONOMIC AND SOCIAL WELL-BEING. IT SHALL
FURTHER BE THE POLICY OF THE STATE TO IMPROVE AND COORDINATE THE HISTOR-
ICAL  ASSET PLANS, FUNCTIONS, POWERS AND PROGRAMS OF THE STATE, IN COOP-
ERATION WITH THE FEDERAL GOVERNMENT, REGIONS, LOCAL  GOVERNMENTS,  OTHER
PUBLIC  AND  PRIVATE ORGANIZATIONS, AND THE CONCERNED INDIVIDUAL, AND TO
HELP DEVELOP AND MANAGE THE HISTORICAL ASSETS TO THE END THAT THE  STATE
MAY  FULFILL  ITS RESPONSIBILITY AS TRUSTEE OF OUR CULTURAL AND HERITAGE
RESOURCES FOR THE PRESENT AND FUTURE GENERATIONS.  FURTHERMORE, IT SHALL
BE THE POLICY OF THE STATE  TO  FOSTER,  PROMOTE,  CREATE  AND  MAINTAIN
CONDITIONS  UNDER  WHICH  MAN AND NATURE CAN THRIVE IN HARMONY WITH EACH
OTHER, AND ACHIEVE SOCIAL, ECONOMIC AND TECHNOLOGICAL PROGRESS FOR PRES-
ENT AND FUTURE GENERATIONS BY:
  A. ASSURING SURROUNDINGS WHICH ARE HEALTHFUL AND AESTHETICALLY  PLEAS-
ING;
  B.  GUARANTEEING  THAT THE WIDEST RANGE OF BENEFICIAL USES OF CULTURAL
AND HERITAGE RESOURCES ARE ATTAINED WITHOUT RISK TO  HEALTH  OR  SAFETY,
UNNECESSARY  DEGRADATION,  OR  OTHER  UNDESIRABLE  OR  UNINTENDED CONSE-
QUENCES;
  C. PROMOTING PATTERNS OF DEVELOPMENT  AND  TECHNOLOGY  WHICH  MINIMIZE
ADVERSE IMPACT ON OUR CULTURAL AND HERITAGE RESOURCES; AND
  D.  PRESERVING THE UNIQUE QUALITIES OF SPECIAL RESOURCES SUCH AS STATE
HISTORIC SITES, STATE DESIGNATED HERITAGE AREAS, SITES ON  THE  NATIONAL
REGISTER  OF  HISTORIC  PLACES, PAINTINGS, SCULPTURES AND OTHER ARTISTIC
CREATIONS, MUSEUMS, GARDENS AND PERFORMING ARTS VENUES,  PROVIDING  THAT
CARE  IS  TAKEN FOR CULTURAL AND HERITAGE RESOURCES THAT ARE SHARED WITH
THE OTHER STATES OF THE UNITED STATES AND WITH CANADA IN THE MANNER OF A
GOOD NEIGHBOR.
  S 826. DEFINITIONS. AS USED IN THIS ARTICLE, UNLESS THE CONTEXT OTHER-
WISE REQUIRES, THE FOLLOWING WORDS AND TERMS  SHALL  HAVE  THE  MEANINGS
ASCRIBED TO THEM:
  A. "COMMISSION" MEANS THE COMMISSION ON NEW YORK HISTORY.
  B. "DIRECTOR" MEANS THE DIRECTOR OF THE COMMISSION.
  C.  "HERITAGE AREA" MEANS A DEFINABLE URBAN OR REGIONAL AREA OF PUBLIC
AND PRIVATE USES, RANGING IN SIZE FROM A PORTION OF A MUNICIPALITY TO  A
REGIONAL  AREA,  WITH  A  SPECIAL COHERENCE, AND SUCH AREA BEING DISTIN-
GUISHED BY PHYSICAL AND CULTURAL  RESOURCES  (NATURAL  AND/OR  MAN  MADE
INCLUDING  WATERWAYS,  ARCHITECTURE, OR ARTIFACTS REFLECTING A PERIOD OF
STYLE OR CULTURAL HERITAGE) WHICH PLAY A VITAL ROLE IN THE LIFE  OF  THE
COMMUNITY AND/OR REGION AND CONTRIBUTE THROUGH INTERPRETIVE, EDUCATIONAL
AND  RECREATIONAL  USE TO THE PUBLIC. A HERITAGE AREA MAY INCLUDE TRADI-
TIONAL PARKS (PLEASURE GROUNDS SET APART FOR RECREATION OF  THE  PUBLIC)
AND  HISTORIC  PLACES  OR  PROPERTY ON THE NATIONAL OR STATE REGISTER OF
HISTORIC PLACES.  HOWEVER SUCH TERM SHALL NOT BE DEEMED TO MEAN  A  PARK
OR  HISTORIC  PLACE, AS THOSE TERMS ARE USED IN OTHER PROVISIONS OF LAW,
INCLUDING THOSE RELATING TO ALIENATION OF PARK LAND  AND  REGULATION  OF
PUBLIC OR PRIVATE ACTIVITIES. SUCH OTHER PROVISIONS OF LAW SHALL CONTIN-
UE  TO APPLY TO THE SPECIFIC PARKS AND HISTORIC PLACES WITHIN A HERITAGE
AREA. THE TERM "HERITAGE AREA" SHALL BE DEEMED  TO  INCLUDE  AREAS  THAT

A. 3274                             3

HAVE  BEEN  PREVIOUSLY  DESIGNATED  AS  URBAN CULTURE PARKS AND HERITAGE
CORRIDORS OR OTHER SIMILAR NAMES APPLIED TO  AREAS  OF  SPECIAL  CONCERN
FITTING THE DEFINITION OF A HERITAGE AREA.
  D.  "HISTORICAL  ASSET"  MEANS  ANY PROPERTY, REAL OR OTHERWISE, BUILT
STRUCTURE, EVENT, ARTIFACT, OBJECT OR DOCUMENT DEEMED SIGNIFICANT TO THE
HISTORY AND HERITAGE OF THE PEOPLE OF THE STATE.
  E. "HISTORIC PRESERVATION" MEANS THE STUDY,  DESIGNATION,  PROTECTION,
RESTORATION,  REHABILITATION  AND USE OF BUILDINGS, STRUCTURES, HISTORIC
DISTRICTS, AREAS, AND SITES SIGNIFICANT IN  THE  HISTORY,  ARCHITECTURE,
ARCHEOLOGY OR CULTURE OF THIS STATE, ITS COMMUNITIES OR THE NATION.
  F.  "MUSEUM"  MEANS  AN  INSTITUTION  OR ASSOCIATION, CHARTERED BY THE
REGENTS OR THE LEGISLATURE PURSUANT TO SECTION TWO  HUNDRED  SIXTEEN  OF
THE  EDUCATION LAW, THAT EXISTS FOR THE PURPOSES OF COLLECTING, PRESERV-
ING AND INTERPRETING COLLECTIONS OF OBJECTS.
  S 827. COMMISSION ON NEW YORK STATE HISTORY. A.  THERE SHALL BE ESTAB-
LISHED THE COMMISSION ON NEW  YORK  STATE  HISTORY  TO  CONSIST  OF  THE
COMMISSIONERS  OF  EDUCATION  AND  THE  OFFICE  OF PARKS, RECREATION AND
HISTORIC PRESERVATION, THE CHAIR OF THE NEW YORK STATE  CULTURAL  EDUCA-
TION  TRUST,  THE  STATE LIBRARIAN, THE STATE ARCHIVIST, THE DIRECTOR OF
THE STATE MUSEUM, THE DIRECTOR OF  THE  STATE  DIVISION  OF  TOURISM,  A
REPRESENTATIVE  OF  ONE  OF  THE STATE'S NATIVE AMERICAN TRIBES, AND SIX
APPOINTED MEMBERS, TWO OF WHOM SHALL BE APPOINTED BY THE  GOVERNOR,  AND
TWO  EACH  BY  THE  TEMPORARY PRESIDENT OF THE SENATE AND SPEAKER OF THE
ASSEMBLY. EACH APPOINTED MEMBER SHALL SERVE FOR A TERM OF FOUR YEARS AND
SHALL CONTINUE IN OFFICE UNTIL  A  SUCCESSOR  HAS  BEEN  APPOINTED.  THE
APPOINTED COMMISSION MEMBERS SHALL BE QUALIFIED BY EDUCATION AND EXPERI-
ENCE  IN  THE FIELDS OF HISTORY, LIBRARY SCIENCE, MUSEUM STUDIES, PUBLIC
HISTORY, ARCHIVE PLANNING  AND  MANAGEMENT,  HERITAGE  AREA  MANAGEMENT,
ANTHROPOLOGY,  ARCHEOLOGY  OR OTHER RELATED PROFESSIONAL DISCIPLINE. THE
MEMBERS OF THE  COMMISSION  SHALL  RECEIVE  NO  COMPENSATION  FOR  THEIR
SERVICES  BUT SHALL BE REIMBURSED FOR THEIR EXPENSES ACTUALLY AND NECES-
SARILY INCURRED IN THE PERFORMANCE OF THEIR  DUTIES  WITHIN  THE  AMOUNT
AVAILABLE  THEREFOR  BY  APPROPRIATION. NOTWITHSTANDING ANY INCONSISTENT
PROVISION OF LAW, NO OFFICER OR EMPLOYEE OF THE STATE OR  OF  ANY  CIVIL
DIVISION THEREOF, SHALL BE DEEMED TO HAVE FORFEITED OR SHALL FORFEIT HIS
OR  HER  OFFICE  OR  EMPLOYMENT  BY  REASON  OF HIS OR HER ACCEPTANCE OF
MEMBERSHIP ON SUCH COMMISSION.
  B. THE COMMISSION SHALL CHOOSE FROM  AMONG  ITS  APPOINTED  MEMBERS  A
CHAIRMAN,  VICE-CHAIRMAN  AND SECRETARY. THE TERM OF OFFICE OF EACH SUCH
OFFICER APPOINTED SHALL BE FOR TWO YEARS. EACH OFFICER OF THE COMMISSION
SHALL HOLD OFFICE UNTIL A SUCCESSOR HAS BEEN  APPOINTED  AND  QUALIFIED.
VACANCIES IN MEMBERSHIP OF THE COMMISSION OCCURRING FROM ANY CAUSE SHALL
BE  FILLED BY THE OFFICER AUTHORIZED TO MAKE THE ORIGINAL APPOINTMENT OF
THE MEMBER WHOSE OFFICE BECOMES VACANT.
  C. THE COMMISSION SHALL HOLD REGULAR MEETINGS NOT LESS THAN FOUR TIMES
A YEAR AT SUCH TIME AND PLACE AS IT MAY  DESIRE,  AND  SPECIAL  MEETINGS
WHEN AUTHORIZED AND CALLED AS PRESCRIBED BY THE BY-LAWS OR BY THE CHAIR-
MAN.  EX  OFFICIO MEMBERS OF THE COMMISSION MAY HAVE A DESIGNATED REPRE-
SENTATIVE.
  S 828. POWERS AND DUTIES.   THE COMMISSION SHALL  HAVE  THE  FOLLOWING
POWERS AND DUTIES:
  A.  TO ADOPT AND USE A SEAL; TO SUE AND BE SUED; TO APPOINT AND REMOVE
OFFICERS, AGENTS  AND  EMPLOYEES  AND  DETERMINE  THEIR  QUALIFICATIONS,
DUTIES  AND COMPENSATION; TO ACQUIRE, HOLD AND DISPOSE OF PERSONAL PROP-
ERTY; TO RETAIN OR EMPLOY COUNSEL, PRIVATE CONSULTANTS  AND  INDEPENDENT
CONTRACTORS;  TO  MAKE  AND  EXECUTE CONTRACTS AND ALL OTHER INSTRUMENTS

A. 3274                             4

NECESSARY OR CONVENIENT FOR THE EXERCISE OF  ITS  POWERS  AND  FUNCTIONS
UNDER THIS ARTICLE;
  B.  TO  HIRE STAFF, INCLUDING A DIRECTOR, UPON APPROVAL OF THE COMMIS-
SION, TO ASSIST THE COMMISSION IN IMPLEMENTATION OF ITS DUTIES;
  C. TO PREPARE, PUBLISH AND DISSEMINATE INFORMATION OR REPORTS TO HIGH-
LIGHT FOR STATE AGENCIES,  LOCAL  GOVERNMENTS  AND  THE  GENERAL  PUBLIC
ISSUES,  PROBLEMS AND OPPORTUNITIES RELEVANT TO THE HISTORICAL ASSETS OF
THE STATE, IN CONCERT WITH STATE AND FEDERAL AGENCIES AND OTHERS;
  D. TO STIMULATE ACTION BY PUBLIC AND PRIVATE ORGANIZATIONS ON  ISSUES,
PROBLEMS  AND  OPPORTUNITIES  THAT  AFFECT  THE HISTORICAL ASSETS OF THE
STATE INCLUDING, BUT NOT LIMITED TO,  CONFERENCES,  MEETINGS  AND  WORK-
SHOPS;
  E.  TO  REQUEST  AND  RECEIVE  FROM  ANY DEPARTMENT, DIVISION, OFFICE,
BOARD, BUREAU, COMMISSION, AGENCY OR INSTRUMENTALITY OF  THE  STATE  AND
FROM  ANY  POLITICAL  SUBDIVISION OR AGENCY THEREOF, SUCH ASSISTANCE AND
DATA AS WILL ENABLE IT TO CONDUCT ITS STUDIES AND INVESTIGATIONS  PURSU-
ANT TO THIS ARTICLE;
  F.  TO  ASSIST STATE AGENCIES, LOCAL HISTORIANS, LOCAL GOVERNMENTS AND
OTHER APPROPRIATE STATE, FEDERAL AND LOCAL  ORGANIZATIONS  TO  PLAN  AND
WORK  TOWARDS  THE PROTECTION, PRESERVATION AND PROMOTION OF THE HISTOR-
ICAL ASSETS OF THE  STATE  THROUGH  COORDINATION  AND  COOPERATION,  AND
THROUGH  TECHNICAL  ASSISTANCE, INCLUDING PLANNING ASSISTANCE, TRAINING,
CITIZEN EDUCATION AND PARTICIPATION ASSISTANCE, AND  ASSISTANCE  IN  THE
PREPARATION OF GRANT APPLICATIONS TO OTHER ENTITIES;
  G. TO SERVE A COORDINATING ROLE IN UTILIZING THE CAPABILITIES OF OTHER
STATE AND LOCAL ORGANIZATIONS TO CARRY OUT THE DUTIES PRESCRIBED IN THIS
SECTION;
  H.  TO ESTABLISH A CENTRAL CLEARINGHOUSE FOR HISTORICAL STUDIES, WHICH
MAY BE USED BY MEMBERS OF THE PUBLIC, LOCAL GOVERNMENTS AND STATE  AGEN-
CIES   IN   ADDRESSING  STATE  AND  REGIONWIDE  ISSUES  RELATED  TO  THE
PROTECTION, PRESERVATION AND PROMOTION OF HISTORICAL ASSETS;
  I. TO DEVELOP AGREEMENTS WITH LOCAL, COUNTY AND REGIONAL  AGENCIES  TO
PROVIDE  STAFF  SERVICES  THROUGH  GRANTS  OR  CONTRACTS TO HELP FINANCE
SERVICES FOR INTERMUNICIPAL COOPERATION; TO PROVIDE PLANNING SERVICES IN
CONJUNCTION  WITH  STATE  AGENCIES,  COUNTY  PLANNING  DEPARTMENTS   AND
REGIONAL PLANNING BOARDS; AND TO PROVIDE SUPPLEMENTARY TECHNICAL ASSIST-
ANCE AND EDUCATIONAL SERVICES THROUGH PUBLIC OR PRIVATE GROUPS;
  J.  TO  APPLY  FOR AND RECEIVE FROM THE FEDERAL AND STATE GOVERNMENTS,
AND PUBLIC AND PRIVATE AGENCIES, FUNDS TO ACCOMPLISH THE PURPOSES OF THE
COMMISSION AND TO SOLICIT, RECEIVE AND UTILIZE GIFTS  AND  DONATIONS  OF
ANY KIND FROM ANY SOURCE;
  K.  TO  ASSIST  MUNICIPALITIES IN PREPARING AND ADOPTING COMPREHENSIVE
HISTORICAL ASSET PLANNING PROGRAMS, INCLUDING  APPROPRIATE  LAWS,  ORDI-
NANCES AND CODES;
  1. TO ENTER INTO AGREEMENTS FOR THE EXTENSION OF ITS POWERS AND DUTIES
TO  LOCAL GOVERNMENTS, IN CONCERT WITH LOCAL, STATE AND FEDERAL AGENCIES
AND OTHERS; AND
  M. TO LEASE AND MANAGE  REAL  PROPERTY,  SOLELY  FOR  THE  PURPOSE  OF
PROVIDING FOR THE OFFICIAL OFFICES OF THE COMMISSION.
  S  829.  STATEWIDE  CULTURAL  ASSET  AND HERITAGE RESOURCES MANAGEMENT
PLAN. A. THE COMMISSION SHALL FORMULATE AND FROM TIME TO TIME  REVISE  A
STATEWIDE  CULTURAL  AND  HERITAGE  RESOURCES  MANAGEMENT  PLAN  FOR THE
MANAGEMENT AND PROTECTION OF THE QUALITY OF THE  CULTURAL  AND  HERITAGE
RESOURCES  OF  THE  STATE,  IN FURTHERANCE OF THE LEGISLATIVE POLICY AND
PURPOSES EXPRESSED IN THIS ARTICLE.

A. 3274                             5

  B. THE COMMISSION SHALL SUBMIT AN INITIAL PLAN TO THE GOVERNOR AND  TO
THE  LEGISLATURE  ON  OR BEFORE SEPTEMBER FIRST, TWO THOUSAND SEVENTEEN,
AND THEREAFTER SHALL ANNUALLY SUBMIT PERIODIC REVISIONS OF SUCH PLAN  TO
THE  GOVERNOR  AND  TO  THE  LEGISLATURE.  SUCH PLAN AND REVISIONS SHALL
BECOME EFFECTIVE UPON APPROVAL BY THE GOVERNOR AND SHALL SERVE THEREAFT-
ER AS A GUIDE TO THE PUBLIC.
  C. IN FORMULATING SUCH PLAN AND ANY REVISIONS, THE COMMISSION SHALL:
  (1) CONDUCT ONE OR MORE PUBLIC HEARINGS;
  (2) CONSULT AND COOPERATE WITH:
  (I)  OFFICIALS  OF DEPARTMENTS AND AGENCIES OF THE STATE HAVING DUTIES
AND RESPONSIBILITIES CONCERNING THE CULTURAL AND HERITAGE RESOURCES;
  (II) OFFICIALS AND REPRESENTATIVES OF THE FEDERAL  GOVERNMENT,  NEIGH-
BORING STATES AND INTERSTATE AGENCIES ON PROBLEMS AFFECTING THE ENVIRON-
MENT OF THIS STATE;
  (III) OFFICIALS AND REPRESENTATIVES OF LOCAL GOVERNMENT IN THE STATE;
  (IV) OFFICIALS AND REPRESENTATIVES OF MUSEUMS, ART AND CULTURAL INSTI-
TUTIONS, INDUSTRY AND EDUCATION; AND
  (V)  PERSONS,  ORGANIZATIONS AND GROUPS, PUBLIC OR PRIVATE, UTILIZING,
SERVED BY, INTERESTED IN OR CONCERNED WITH  THE  CULTURAL  AND  HERITAGE
RESOURCES OF THE STATE; AND
  (3)  REQUEST AND RECEIVE FROM ANY DEPARTMENT, DIVISION, BOARD, BUREAU,
COMMISSION OR OTHER AGENCY OF THE STATE  OR  ANY  POLITICAL  SUBDIVISION
THEREOF  OR  ANY  PUBLIC  AUTHORITY  SUCH  ASSISTANCE AND DATA AS MAY BE
NECESSARY TO ENABLE THE DEPARTMENT TO  CARRY  OUT  ITS  RESPONSIBILITIES
UNDER THIS SECTION.
  S  830.  ANNUAL STATE HISTORY CONFERENCE. THE COMMISSION SHALL COORDI-
NATE AND CONDUCT AN ANNUAL CONFERENCE ON STATE HISTORY THAT WILL INCLUDE
SPEAKERS AND WORKSHOPS ON THE PROTECTION, PRESERVATION AND PROMOTION  OF
THE  STATE'S  HISTORICAL  ASSETS.  THE  CONFERENCE SHALL TAKE PLACE IN A
DIFFERENT AREA OF THE STATE EACH YEAR AND SHALL BE FREE  OF  CHARGE  AND
OPEN TO THE PUBLIC.
  S 830-A. STATE HISTORY FELLOWSHIP PROGRAM.  THE COMMISSION SHALL COOR-
DINATE,  RECRUIT  AND  TRAIN VOLUNTEERS WITH BACKGROUNDS AND INTEREST IN
NEW YORK STATE HISTORY TO ACT AS FELLOWS TO BE MADE AVAILABLE  TO  STATE
HISTORY  ORGANIZATIONS  BY  THE COMMISSION. FELLOWS WILL PROVIDE PROGRAM
SUPPORT TO NOT-FOR-PROFIT HISTORY ORGANIZATIONS AT NO COST TO THE ORGAN-
IZATION.  FELLOWSHIP PROGRAM VOLUNTEERS SHALL PROVIDE,  BASED  ON  THEIR
EXPERIENCE  AND  TRAINING,  ORGANIZATIONAL  SUPPORT IN VISITOR OUTREACH,
EDUCATIONAL PROGRAMMING AND OUTREACH, THE  EVALUATION  OF  PROGRAMS  AND
STRATEGIC  PLANS,  FUNDRAISING  AND  GRANT WRITING, AND THE EXPANSION OF
VOLUNTEER PROGRAMS.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

2015-A3274A (ACTIVE) - Details

See Senate Version of this Bill:: S710
Current Committee:: Assembly Governmental Operations
Law Section:: Executive Law
Laws Affected:: Add Art 28 §§825 - 830-a, Exec L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A6226, S4883
2017-2018: A3406, S3452
2019-2020: A3941, S2062

2015-A3274A (ACTIVE) - Summary

Establishes the commission on New York state history and provides for its powers and duties.

2015-A3274A (ACTIVE) - Bill Text download pdf

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

                                 3274--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2015
                               ___________

Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
  Committee on Governmental Operations  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

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:

  Section 1.  The executive law is amended by adding a new article 28 to
read as follows:
                               ARTICLE 28
                      COMMISSION ON NEW YORK STATE
                                 HISTORY
SECTION 825.   LEGISLATIVE FINDINGS AND DECLARATION OF PURPOSE.
        826.   DEFINITIONS.
        827.   COMMISSION ON NEW YORK STATE HISTORY.
        828.   POWERS AND DUTIES.
        829.   STATEWIDE  CULTURAL  ASSET AND HERITAGE RESOURCES MANAGE-
                 MENT PLAN.
        830.   ANNUAL STATE HISTORY CONFERENCE.
        830-A. STATE HISTORY FELLOWSHIP PROGRAM.
  S 825.  LEGISLATIVE FINDINGS AND DECLARATION OF PURPOSE. THE  LEGISLA-
TURE  DETERMINES  THAT  THE  STATE'S  HISTORICAL ASSETS ARE MAJOR EDUCA-
TIONAL, INSPIRATIONAL AND ECONOMIC RESOURCES THAT SHOULD  BE  PRESERVED,
ENHANCED AND FULLY PROMOTED AS SPECIAL FEATURES OF ATTRACTION AND IMPOR-
TANCE  TO  THE STATE AND ITS POLITICAL SUBDIVISIONS. THE STATE'S HISTOR-
ICAL ASSETS ARE WORLD CLASS DESTINATIONS FOR VISITORS  FROM  AROUND  THE
WORLD  AND SHOULD BE PROMOTED AS SUCH.  HAVING THE MANAGEMENT, INTERPRE-
TATION AND PROMOTION OF  THE  STATE'S  HISTORICAL  ASSETS  SPREAD  AMONG
SEVERAL  AGENCIES AND DEPARTMENTS HAS OFTEN BEEN DETRIMENTAL TO THE FULL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04288-03-5

A. 3274--A                          2

UTILIZATION OF THESE ASSETS FOR THE PEOPLE OF THE STATE. THEREFORE,  THE
LEGISLATURE  FINDS  THAT  ESTABLISHING  A  COMMISSION  ON NEW YORK STATE
HISTORY THAT WILL ADVISE THE GOVERNOR, AGENCIES AND THE  LEGISLATURE  AS
TO THE BEST WAYS TO PROTECT, PRESERVE AND PROMOTE THE INVALUABLE HISTOR-
ICAL  ASSETS  OF  THE STATE IS IN THE BEST INTEREST OF THE PEOPLE OF THE
STATE.
  THE LEGISLATURE FURTHER FINDS THAT THE  PROTECTION,  PRESERVATION  AND
PROMOTION  OF  OUR  HISTORICAL ASSETS IS FUNDAMENTAL TO THE EDUCATION OF
THE CITIZENRY AND OUR CONCERN FOR THE QUALITY OF LIFE OF  THE  RESIDENTS
OF  THE  STATE.  IT  IS HEREBY DECLARED TO BE THE POLICY OF THE STATE TO
CONSERVE, IMPROVE, BENEFICIALLY USE AND PROTECT ITS HISTORICAL ASSETS IN
ORDER TO ENHANCE THE EDUCATION, HEALTH, SAFETY AND WELFARE OF THE PEOPLE
OF THE STATE, AND THEIR OVERALL ECONOMIC AND SOCIAL WELL-BEING. IT SHALL
FURTHER BE THE POLICY OF THE STATE TO IMPROVE AND COORDINATE THE HISTOR-
ICAL ASSET PLANS, FUNCTIONS, POWERS AND PROGRAMS OF THE STATE, IN  COOP-
ERATION  WITH  THE FEDERAL GOVERNMENT, REGIONS, LOCAL GOVERNMENTS, OTHER
PUBLIC AND PRIVATE ORGANIZATIONS, AND THE CONCERNED INDIVIDUAL,  AND  TO
HELP  DEVELOP AND MANAGE THE HISTORICAL ASSETS TO THE END THAT THE STATE
MAY FULFILL ITS RESPONSIBILITY AS TRUSTEE OF OUR CULTURAL  AND  HERITAGE
RESOURCES FOR THE PRESENT AND FUTURE GENERATIONS.  FURTHERMORE, IT SHALL
BE  THE  POLICY  OF  THE  STATE  TO FOSTER, PROMOTE, CREATE AND MAINTAIN
CONDITIONS UNDER WHICH MAN AND NATURE CAN THRIVE IN  HARMONY  WITH  EACH
OTHER, AND ACHIEVE SOCIAL, ECONOMIC AND TECHNOLOGICAL PROGRESS FOR PRES-
ENT AND FUTURE GENERATIONS BY:
  A.  ASSURING SURROUNDINGS WHICH ARE HEALTHFUL AND AESTHETICALLY PLEAS-
ING;
  B. GUARANTEEING THAT THE WIDEST RANGE OF BENEFICIAL USES  OF  CULTURAL
AND  HERITAGE  RESOURCES  ARE ATTAINED WITHOUT RISK TO HEALTH OR SAFETY,
UNNECESSARY DEGRADATION,  OR  OTHER  UNDESIRABLE  OR  UNINTENDED  CONSE-
QUENCES;
  C.  PROMOTING  PATTERNS  OF  DEVELOPMENT AND TECHNOLOGY WHICH MINIMIZE
ADVERSE IMPACT ON OUR CULTURAL AND HERITAGE RESOURCES; AND
  D. PRESERVING THE UNIQUE QUALITIES OF SPECIAL RESOURCES SUCH AS  STATE
HISTORIC  SITES,  STATE DESIGNATED HERITAGE AREAS, SITES ON THE NATIONAL
REGISTER OF HISTORIC PLACES, PAINTINGS, SCULPTURES  AND  OTHER  ARTISTIC
CREATIONS,  MUSEUMS,  GARDENS AND PERFORMING ARTS VENUES, PROVIDING THAT
CARE IS TAKEN FOR CULTURAL AND HERITAGE RESOURCES THAT ARE  SHARED  WITH
THE OTHER STATES OF THE UNITED STATES AND WITH CANADA IN THE MANNER OF A
GOOD NEIGHBOR.
  E.  PROMOTING THE MAINTENANCE AND GROWTH OF HISTORIC ASSETS AS SPECIAL
FEATURES OF A LOCALITY AND USING SUCH HISTORIC  ASSETS  FOR  APPROPRIATE
HISTORIC  RE-USE,  INCLUDING  AS  A CULTURAL RESOURCE OR OPPORTUNITY FOR
GROWTH AND DEVELOPMENT OF THE SURROUNDING AREA.
  S 826. DEFINITIONS. AS USED IN THIS ARTICLE, UNLESS THE CONTEXT OTHER-
WISE REQUIRES, THE FOLLOWING WORDS AND TERMS  SHALL  HAVE  THE  MEANINGS
ASCRIBED TO THEM:
  A. "COMMISSION" MEANS THE COMMISSION ON NEW YORK HISTORY.
  B. "DIRECTOR" MEANS THE DIRECTOR OF THE COMMISSION.
  C.  "HERITAGE AREA" MEANS A DEFINABLE URBAN OR REGIONAL AREA OF PUBLIC
AND PRIVATE USES, RANGING IN SIZE FROM A PORTION OF A MUNICIPALITY TO  A
REGIONAL  AREA,  WITH  A  SPECIAL COHERENCE, AND SUCH AREA BEING DISTIN-
GUISHED BY PHYSICAL AND CULTURAL  RESOURCES  (NATURAL  AND/OR  MAN  MADE
INCLUDING  WATERWAYS,  ARCHITECTURE, OR ARTIFACTS REFLECTING A PERIOD OF
STYLE OR CULTURAL HERITAGE) WHICH PLAY A VITAL ROLE IN THE LIFE  OF  THE
COMMUNITY AND/OR REGION AND CONTRIBUTE THROUGH INTERPRETIVE, EDUCATIONAL
AND  RECREATIONAL  USE TO THE PUBLIC. A HERITAGE AREA MAY INCLUDE TRADI-

A. 3274--A                          3

TIONAL PARKS (PLEASURE GROUNDS SET APART FOR RECREATION OF  THE  PUBLIC)
AND  HISTORIC  PLACES  OR  PROPERTY ON THE NATIONAL OR STATE REGISTER OF
HISTORIC PLACES.  HOWEVER SUCH TERM SHALL NOT BE DEEMED TO MEAN  A  PARK
OR  HISTORIC  PLACE, AS THOSE TERMS ARE USED IN OTHER PROVISIONS OF LAW,
INCLUDING THOSE RELATING TO ALIENATION OF PARK LAND  AND  REGULATION  OF
PUBLIC OR PRIVATE ACTIVITIES. SUCH OTHER PROVISIONS OF LAW SHALL CONTIN-
UE  TO APPLY TO THE SPECIFIC PARKS AND HISTORIC PLACES WITHIN A HERITAGE
AREA. THE TERM "HERITAGE AREA" SHALL BE DEEMED  TO  INCLUDE  AREAS  THAT
HAVE  BEEN  PREVIOUSLY  DESIGNATED  AS  URBAN CULTURE PARKS AND HERITAGE
CORRIDORS OR OTHER SIMILAR NAMES APPLIED TO  AREAS  OF  SPECIAL  CONCERN
FITTING THE DEFINITION OF A HERITAGE AREA.
  D.  "HISTORICAL  ASSET"  MEANS  ANY PROPERTY, REAL OR OTHERWISE, BUILT
STRUCTURE, EVENT, ARTIFACT, OBJECT OR DOCUMENT DEEMED SIGNIFICANT TO THE
HISTORY AND HERITAGE OF THE PEOPLE OF THE STATE.
  E. "HISTORIC PRESERVATION" MEANS THE STUDY,  DESIGNATION,  PROTECTION,
RESTORATION,  REHABILITATION  AND USE OF BUILDINGS, STRUCTURES, HISTORIC
DISTRICTS, AREAS, AND SITES SIGNIFICANT IN  THE  HISTORY,  ARCHITECTURE,
ARCHEOLOGY OR CULTURE OF THIS STATE, ITS COMMUNITIES OR THE NATION.
  F.  "MUSEUM"  MEANS  AN  INSTITUTION  OR ASSOCIATION, CHARTERED BY THE
REGENTS OR THE LEGISLATURE PURSUANT TO SECTION TWO  HUNDRED  SIXTEEN  OF
THE  EDUCATION LAW, THAT EXISTS FOR THE PURPOSES OF COLLECTING, PRESERV-
ING AND INTERPRETING COLLECTIONS OF OBJECTS.
  G. "HISTORIC RE-USE" MEANS THE ADAPTIVE RE-USE OF  AN  HISTORIC  ASSET
FOR  A PURPOSE OTHER THAN FOR WHICH IT WAS INITIALLY BUILT THAT PROTECTS
THE UNDERLYING ARCHITECTURAL INTEGRITY AND FACADE OF  SUCH  AN  HISTORIC
BUILDING,  STRUCTURE,  DISTRICT, OR AREA WHILE PROVIDING NEW RESIDENTIAL
OR COMMERCIAL PURPOSES THAT UTILIZE THE UNDERLYING HISTORICAL  VALUE  OF
THE  ASSET  AS  A  SPECIAL  FEATURE  OF  THE COMMUNITY OR AS PART OF ITS
MARKETING STRATEGY AND AIDS  LOCAL  COMMUNITY  DEVELOPMENT  OR  SUPPORTS
MAINTAINING OR DEVELOPING LOCAL CULTURAL RESOURCES.
  S 827. COMMISSION ON NEW YORK STATE HISTORY. A.  THERE SHALL BE ESTAB-
LISHED  THE  COMMISSION  ON  NEW  YORK  STATE  HISTORY TO CONSIST OF THE
COMMISSIONERS OF EDUCATION AND  THE  OFFICE  OF  PARKS,  RECREATION  AND
HISTORIC  PRESERVATION,  THE CHAIR OF THE NEW YORK STATE CULTURAL EDUCA-
TION TRUST, THE STATE LIBRARIAN, THE STATE ARCHIVIST,  THE  DIRECTOR  OF
THE  STATE  MUSEUM,  THE  DIRECTOR  OF  THE STATE DIVISION OF TOURISM, A
REPRESENTATIVE OF ONE OF THE STATE'S NATIVE  AMERICAN  TRIBES,  AND  SIX
APPOINTED  MEMBERS,  TWO OF WHOM SHALL BE APPOINTED BY THE GOVERNOR, AND
TWO EACH BY THE TEMPORARY PRESIDENT OF THE SENATE  AND  SPEAKER  OF  THE
ASSEMBLY. EACH APPOINTED MEMBER SHALL SERVE FOR A TERM OF FOUR YEARS AND
SHALL  CONTINUE  IN  OFFICE  UNTIL  A  SUCCESSOR HAS BEEN APPOINTED. THE
APPOINTED COMMISSION MEMBERS SHALL BE QUALIFIED BY EDUCATION AND EXPERI-
ENCE IN THE FIELDS OF HISTORY, LIBRARY SCIENCE, MUSEUM  STUDIES,  PUBLIC
HISTORY,  ARCHIVE  PLANNING  AND  MANAGEMENT,  HERITAGE AREA MANAGEMENT,
ANTHROPOLOGY, ARCHEOLOGY OR OTHER RELATED PROFESSIONAL  DISCIPLINE.  THE
MEMBERS  OF  THE  COMMISSION  SHALL  RECEIVE  NO  COMPENSATION FOR THEIR
SERVICES BUT SHALL BE REIMBURSED FOR THEIR EXPENSES ACTUALLY AND  NECES-
SARILY  INCURRED  IN  THE  PERFORMANCE OF THEIR DUTIES WITHIN THE AMOUNT
AVAILABLE THEREFOR BY APPROPRIATION.  NOTWITHSTANDING  ANY  INCONSISTENT
PROVISION  OF  LAW,  NO OFFICER OR EMPLOYEE OF THE STATE OR OF ANY CIVIL
DIVISION THEREOF, SHALL BE DEEMED TO HAVE FORFEITED OR SHALL FORFEIT HIS
OR HER OFFICE OR EMPLOYMENT BY  REASON  OF  HIS  OR  HER  ACCEPTANCE  OF
MEMBERSHIP ON SUCH COMMISSION.
  B.  THE  COMMISSION  SHALL  CHOOSE  FROM AMONG ITS APPOINTED MEMBERS A
CHAIRMAN, VICE-CHAIRMAN AND SECRETARY. THE TERM OF OFFICE OF  EACH  SUCH
OFFICER APPOINTED SHALL BE FOR TWO YEARS. EACH OFFICER OF THE COMMISSION

A. 3274--A                          4

SHALL  HOLD  OFFICE  UNTIL A SUCCESSOR HAS BEEN APPOINTED AND QUALIFIED.
VACANCIES IN MEMBERSHIP OF THE COMMISSION OCCURRING FROM ANY CAUSE SHALL
BE FILLED BY THE OFFICER AUTHORIZED TO MAKE THE ORIGINAL APPOINTMENT  OF
THE MEMBER WHOSE OFFICE BECOMES VACANT.
  C. THE COMMISSION SHALL HOLD REGULAR MEETINGS NOT LESS THAN FOUR TIMES
A  YEAR  AT  SUCH  TIME AND PLACE AS IT MAY DESIRE, AND SPECIAL MEETINGS
WHEN AUTHORIZED AND CALLED AS PRESCRIBED BY THE BY-LAWS OR BY THE CHAIR-
MAN. EX OFFICIO MEMBERS OF THE COMMISSION MAY HAVE A  DESIGNATED  REPRE-
SENTATIVE.
  S  828.  POWERS  AND DUTIES.   THE COMMISSION SHALL HAVE THE FOLLOWING
POWERS AND DUTIES:
  A. TO ADOPT AND USE A SEAL; TO SUE AND BE SUED; TO APPOINT AND  REMOVE
OFFICERS,  AGENTS  AND  EMPLOYEES  AND  DETERMINE  THEIR QUALIFICATIONS,
DUTIES AND COMPENSATION; TO ACQUIRE, HOLD AND DISPOSE OF PERSONAL  PROP-
ERTY;  TO  RETAIN OR EMPLOY COUNSEL, PRIVATE CONSULTANTS AND INDEPENDENT
CONTRACTORS; TO MAKE AND EXECUTE CONTRACTS  AND  ALL  OTHER  INSTRUMENTS
NECESSARY  OR  CONVENIENT  FOR  THE EXERCISE OF ITS POWERS AND FUNCTIONS
UNDER THIS ARTICLE;
  B. TO HIRE STAFF, INCLUDING A DIRECTOR, UPON APPROVAL OF  THE  COMMIS-
SION, TO ASSIST THE COMMISSION IN IMPLEMENTATION OF ITS DUTIES;
  C. TO PREPARE, PUBLISH AND DISSEMINATE INFORMATION OR REPORTS TO HIGH-
LIGHT  FOR  STATE  AGENCIES,  LOCAL  GOVERNMENTS  AND THE GENERAL PUBLIC
ISSUES, PROBLEMS AND OPPORTUNITIES RELEVANT TO THE HISTORICAL ASSETS  OF
THE STATE, IN CONCERT WITH STATE AND FEDERAL AGENCIES AND OTHERS;
  D.  TO STIMULATE ACTION BY PUBLIC AND PRIVATE ORGANIZATIONS ON ISSUES,
PROBLEMS AND OPPORTUNITIES THAT AFFECT  THE  HISTORICAL  ASSETS  OF  THE
STATE  INCLUDING,  BUT  NOT  LIMITED TO, CONFERENCES, MEETINGS AND WORK-
SHOPS;
  E. TO REQUEST AND  RECEIVE  FROM  ANY  DEPARTMENT,  DIVISION,  OFFICE,
BOARD,  BUREAU,  COMMISSION,  AGENCY OR INSTRUMENTALITY OF THE STATE AND
FROM ANY POLITICAL SUBDIVISION OR AGENCY THEREOF,  SUCH  ASSISTANCE  AND
DATA  AS WILL ENABLE IT TO CONDUCT ITS STUDIES AND INVESTIGATIONS PURSU-
ANT TO THIS ARTICLE;
  F. TO ASSIST STATE AGENCIES, LOCAL HISTORIANS, LOCAL  GOVERNMENTS  AND
OTHER  APPROPRIATE  STATE,  FEDERAL  AND LOCAL ORGANIZATIONS TO PLAN AND
WORK TOWARDS THE PROTECTION, PRESERVATION, HISTORIC RE-USE AND PROMOTION
OF THE HISTORICAL ASSETS OF THE STATE THROUGH COORDINATION  AND  COOPER-
ATION,  AND THROUGH TECHNICAL ASSISTANCE, INCLUDING PLANNING ASSISTANCE,
TRAINING, CITIZEN EDUCATION AND PARTICIPATION ASSISTANCE, AND ASSISTANCE
IN THE PREPARATION OF GRANT APPLICATIONS TO OTHER ENTITIES;
  G. TO SERVE A COORDINATING ROLE IN UTILIZING THE CAPABILITIES OF OTHER
STATE AND LOCAL ORGANIZATIONS TO CARRY OUT THE DUTIES PRESCRIBED IN THIS
SECTION;
  H. TO ESTABLISH A CENTRAL CLEARINGHOUSE FOR HISTORICAL STUDIES,  WHICH
MAY  BE USED BY MEMBERS OF THE PUBLIC, LOCAL GOVERNMENTS AND STATE AGEN-
CIES  IN  ADDRESSING  STATE  AND  REGIONWIDE  ISSUES  RELATED   TO   THE
PROTECTION,  PRESERVATION,  HISTORIC  RE-USE AND PROMOTION OF HISTORICAL
ASSETS;
  I. TO DEVELOP AGREEMENTS WITH LOCAL, COUNTY AND REGIONAL  AGENCIES  TO
PROVIDE  STAFF  SERVICES  THROUGH  GRANTS  OR  CONTRACTS TO HELP FINANCE
SERVICES FOR INTERMUNICIPAL COOPERATION; TO PROVIDE PLANNING SERVICES IN
CONJUNCTION  WITH  STATE  AGENCIES,  COUNTY  PLANNING  DEPARTMENTS   AND
REGIONAL PLANNING BOARDS; AND TO PROVIDE SUPPLEMENTARY TECHNICAL ASSIST-
ANCE AND EDUCATIONAL SERVICES THROUGH PUBLIC OR PRIVATE GROUPS;
  J.  TO  APPLY  FOR AND RECEIVE FROM THE FEDERAL AND STATE GOVERNMENTS,
AND PUBLIC AND PRIVATE AGENCIES, FUNDS TO ACCOMPLISH THE PURPOSES OF THE

A. 3274--A                          5

COMMISSION AND TO SOLICIT, RECEIVE AND UTILIZE GIFTS  AND  DONATIONS  OF
ANY KIND FROM ANY SOURCE;
  K.  TO  ASSIST  MUNICIPALITIES IN PREPARING AND ADOPTING COMPREHENSIVE
HISTORICAL ASSET PLANNING PROGRAMS, INCLUDING  APPROPRIATE  LAWS,  ORDI-
NANCES AND CODES;
  1. TO ENTER INTO AGREEMENTS FOR THE EXTENSION OF ITS POWERS AND DUTIES
TO  LOCAL GOVERNMENTS, IN CONCERT WITH LOCAL, STATE AND FEDERAL AGENCIES
AND OTHERS; AND
  M. TO LEASE AND MANAGE  REAL  PROPERTY,  SOLELY  FOR  THE  PURPOSE  OF
PROVIDING FOR THE OFFICIAL OFFICES OF THE COMMISSION.
  S  829.  STATEWIDE  CULTURAL  ASSET  AND HERITAGE RESOURCES MANAGEMENT
PLAN. A. THE COMMISSION SHALL FORMULATE AND FROM TIME TO TIME  REVISE  A
STATEWIDE  CULTURAL  AND  HERITAGE  RESOURCES  MANAGEMENT  PLAN  FOR THE
MANAGEMENT AND PROTECTION OF THE QUALITY OF THE  CULTURAL  AND  HERITAGE
RESOURCES  OF  THE  STATE,  AS  WELL  AS THE HISTORIC RE-USE OF HISTORIC
STRUCTURES  IN  FURTHERANCE  OF  THE  LEGISLATIVE  POLICY  AND  PURPOSES
EXPRESSED IN THIS ARTICLE.
  B.  THE COMMISSION SHALL SUBMIT AN INITIAL PLAN TO THE GOVERNOR AND TO
THE LEGISLATURE ON OR BEFORE SEPTEMBER FIRST, TWO THOUSAND EIGHTEEN, AND
THEREAFTER SHALL ANNUALLY SUBMIT PERIODIC REVISIONS OF SUCH PLAN TO  THE
GOVERNOR  AND  TO  THE LEGISLATURE. SUCH PLAN AND REVISIONS SHALL BECOME
EFFECTIVE UPON APPROVAL BY THE GOVERNOR AND SHALL SERVE THEREAFTER AS  A
GUIDE TO THE PUBLIC.
  C. IN FORMULATING SUCH PLAN AND ANY REVISIONS, THE COMMISSION SHALL:
  (1) CONDUCT ONE OR MORE PUBLIC HEARINGS;
  (2) CONSULT AND COOPERATE WITH:
  (I)  OFFICIALS  OF DEPARTMENTS AND AGENCIES OF THE STATE HAVING DUTIES
AND RESPONSIBILITIES CONCERNING THE CULTURAL AND HERITAGE RESOURCES;
  (II) OFFICIALS AND REPRESENTATIVES OF THE FEDERAL  GOVERNMENT,  NEIGH-
BORING STATES AND INTERSTATE AGENCIES ON PROBLEMS AFFECTING THE ENVIRON-
MENT OF THIS STATE;
  (III) OFFICIALS AND REPRESENTATIVES OF LOCAL GOVERNMENT IN THE STATE;
  (IV) OFFICIALS AND REPRESENTATIVES OF MUSEUMS, ART AND CULTURAL INSTI-
TUTIONS, INDUSTRY AND EDUCATION; AND
  (V)  PERSONS,  ORGANIZATIONS AND GROUPS, PUBLIC OR PRIVATE, UTILIZING,
SERVED BY, INTERESTED IN OR CONCERNED WITH  THE  CULTURAL  AND  HERITAGE
RESOURCES OF THE STATE; AND
  (3)  REQUEST AND RECEIVE FROM ANY DEPARTMENT, DIVISION, BOARD, BUREAU,
COMMISSION OR OTHER AGENCY OF THE STATE  OR  ANY  POLITICAL  SUBDIVISION
THEREOF  OR  ANY  PUBLIC  AUTHORITY  SUCH  ASSISTANCE AND DATA AS MAY BE
NECESSARY TO ENABLE THE DEPARTMENT TO  CARRY  OUT  ITS  RESPONSIBILITIES
UNDER THIS SECTION.
  S  830.  ANNUAL STATE HISTORY CONFERENCE. THE COMMISSION SHALL COORDI-
NATE AND CONDUCT AN ANNUAL CONFERENCE ON STATE HISTORY THAT WILL INCLUDE
SPEAKERS AND WORKSHOPS ON THE PROTECTION, PRESERVATION AND PROMOTION  OF
THE  STATE'S  HISTORICAL  ASSETS.  THE  CONFERENCE SHALL TAKE PLACE IN A
DIFFERENT AREA OF THE STATE EACH YEAR AND SHALL BE FREE  OF  CHARGE  AND
OPEN TO THE PUBLIC.
  S 830-A. STATE HISTORY FELLOWSHIP PROGRAM.  THE COMMISSION SHALL COOR-
DINATE,  RECRUIT  AND  TRAIN VOLUNTEERS WITH BACKGROUNDS AND INTEREST IN
NEW YORK STATE HISTORY TO ACT AS FELLOWS TO BE MADE AVAILABLE  TO  STATE
HISTORY  ORGANIZATIONS  BY  THE COMMISSION. FELLOWS WILL PROVIDE PROGRAM
SUPPORT  TO  NOT-FOR-PROFIT  HISTORY  ORGANIZATIONS  AND   ORGANIZATIONS
PROMOTING  HISTORIC  RE-USE  AT NO COST TO THE ORGANIZATION.  FELLOWSHIP
PROGRAM VOLUNTEERS SHALL PROVIDE, BASED ON THEIR EXPERIENCE  AND  TRAIN-
ING, ORGANIZATIONAL SUPPORT IN VISITOR OUTREACH, EDUCATIONAL PROGRAMMING

A. 3274--A                          6

AND  OUTREACH, THE EVALUATION OF PROGRAMS AND STRATEGIC PLANS, FUNDRAIS-
ING AND GRANT WRITING, AND THE EXPANSION OF VOLUNTEER PROGRAMS.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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