S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10052
 
                           I N  A S S E M B L Y
 
                               March 6, 2020
                                ___________
 
 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:

   Section  1.  Section  57.52  of  the arts and cultural affairs law, as
 added by chapter 404 of the laws of 2005, is amended to read as follows:
   § 57.52. Amistad commission; established. 1.  The  Amistad  commission
 (commission), so named in honor of the group of enslaved Africans led by
 Joseph  Cinque  who, while being transported in eighteen hundred thirty-
 nine on a vessel named the Amistad, gained  their  freedom  after  over-
 throwing  the  crew and eventually having their case successfully argued
 before the United States Supreme Court, is  hereby  created  and  estab-
 lished.  The commission shall consist of nineteen members, including the
 [secretary of state] COMMISSIONER OF EDUCATION or his or  her  designee,
 the  [commissioner of education] SECRETARY OF STATE or his or her desig-
 nee, and the chancellor of the state university of New York  or  his  or
 her  designee,  serving  ex  officio, and sixteen public members. Public
 members shall be appointed as follows:   four public  members,  no  more
 than  two  of  whom  shall  be  of  the  same  political party, shall be
 appointed by the temporary president of the senate; four public members,
 no more than two of whom shall be of the same political party, shall  be
 appointed  by  the speaker of the assembly; and eight public members, no
 more than four of whom shall be of the same political  party,  shall  be
 appointed  by  the  governor. THE APPOINTED MEMBERS SHALL BE CHOSEN WITH
 DUE REGARD TO BROAD ETHNIC  DIVERSITY  AND  SHALL  HAVE  A  DEMONSTRATED
 EDUCATIONAL  BACKGROUND  IN  THE  HISTORY OF THE AFRICAN SLAVE TRADE AND
 SLAVERY IN AMERICA OR THE  CONTRIBUTIONS  OF  AFRICAN-AMERICANS  TO  OUR
 SOCIETY. The public members shall be residents of the state, chosen with
 due  regard to broad geographic representation and ethnic diversity, who
 have an interest in the history of the African slave trade  and  slavery
 in America and the contributions of African-Americans to our society.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07206-03-9

 A. 10052                            2
 
   1-A.  ANY  BUSINESS  OR  OTHER  MATTER  UNDERTAKEN OR COMMENCED BY THE
 DEPARTMENT OF STATE OR THE SECRETARY OF STATE PERTAINING TO OR CONNECTED
 WITH THE FUNCTIONS, POWERS, OBLIGATIONS AND  DUTIES  OF  THE  COMMISSION
 ESTABLISHED  PURSUANT  TO  SUBDIVISION  ONE  OF  THIS SECTION ARE HEREBY
 TRANSFERRED AND ASSIGNED TO THE COMMISSIONER OF EDUCATION OR THE DEPART-
 MENT OF EDUCATION AND PENDING ON THE EFFECTIVE DATE OF THIS SECTION, MAY
 BE  CONDUCTED  AND  COMPLETED BY SUCH COMMISSIONER OR SUCH DEPARTMENT IN
 THE SAME MANNER AND UNDER THE SAME TERMS AND  CONDITIONS  AND  WITH  THE
 SAME  EFFECT AS IF CONDUCTED AND COMPLETED BY THE DEPARTMENT OF STATE OR
 THE SECRETARY OF STATE.
   2. Each public member of the commission shall  serve  for  a  term  of
 three years, except that of the initial members so appointed: one member
 appointed by the temporary president of the senate, one member appointed
 by  the speaker of the assembly, and two members appointed by the gover-
 nor shall serve for terms of one  year;  one  member  appointed  by  the
 temporary  president  of the senate, one member appointed by the speaker
 of the assembly, and three members appointed by the governor shall serve
 for terms of two years; and two members appointed by the temporary pres-
 ident of the senate, two members appointed by the speaker of the  assem-
 bly,  and  three members appointed by the governor shall serve for terms
 of three years. Public members shall be eligible for reappointment. They
 shall serve until their successors are appointed and qualified, and  the
 term  of  the  successor  of  any incumbent shall be calculated from the
 expiration of the term of that incumbent. A vacancy occurring other than
 by expiration of term shall be filled WITHIN FORTY-FIVE DAYS in the same
 manner as the original appointment but for the unexpired term only.   IF
 SUCH  VACANCY IS NOT FILLED WITHIN FORTY FIVE DAYS, THE VACANCY SHALL BE
 FILLED WITHIN THIRTY DAYS BY THE COMMISSIONER OF EDUCATION BUT  FOR  THE
 UNEXPIRED TERM ONLY.
   3.  The members of the commission shall serve without compensation but
 shall be entitled to reimbursement for all necessary  expenses  incurred
 in the performance of their duties.
   4.  The  [secretary of state] COMMISSIONER OF EDUCATION, or his or her
 designee, shall serve as the chair and the [commissioner  of  education]
 SECRETARY  OF  STATE,  or  his or her designee, shall serve as the vice-
 chair of the commission. The presence of a majority  of  the  authorized
 membership  of the commission shall be required for the conduct of offi-
 cial business.
   5. The department of education shall provide technical assistance  and
 data  to  the commission as may be necessary for the commission to carry
 out its responsibilities pursuant to this article. THE  COMMISSIONER  OF
 EDUCATION  OR  HIS  OR  HER DESIGNEE SHALL BE RESPONSIBLE FOR HIRING THE
 STAFF OF THE COMMISSION AND  SHALL  SERVE  AS  THE  LIASON  BETWEEN  THE
 COMMISSION  AND  THE DEPARTMENT OF EDUCATION. THE COMMISSIONER OF EDUCA-
 TION MAY DESIGNATE EMPLOYEES OF THE DEPARTMENT OF EDUCATION  TO  PROVIDE
 SUPPORT AND SERVICES TO THE COMMISSION AS ARE REASONABLY NECESSARY.
   §  2.  Subdivisions  2 and 3 of section 57.53 of the arts and cultural
 affairs law, as added by chapter 404 of the laws of 2005, are amended to
 read as follows:
   2. to compile a roster of individual volunteers  who  are  willing  to
 share  their  knowledge and experience in classrooms, seminars and work-
 shops with students and teachers on the subject  of  the  African  slave
 trade,  American slavery and the impact of slavery on our society today,
 and the contributions of African-Americans to our country; [and]
   3. TO INCREASE AWARENESS AND ENCOURAGE  SCHOOL  DISTRICTS  TO  UTILIZE
 CURRICULA ON AFRICAN-AMERICAN HISTORY BY:

 A. 10052                            3
 
   (A)  ESTABLISHING  AND  ADMINISTERING  A PROGRAM TO PUBLICLY RECOGNIZE
 SCHOOLS THAT DO AN OUTSTANDING JOB  TEACHING  SUBJECTS  RELATED  TO  THE
 AFRICAN-AMERICAN  EXPERIENCE  THROUGH A DESIGNATION OF SPECIAL STATUS OR
 OTHER AWARD AS DETERMINED BY THE COMMISSION; AND
   (B)  OFFERING  GRANTS TO INDIVIDUAL TEACHERS WHO DEMONSTRATE EXEMPLARY
 PRACTICES TEACHING SUBJECTS RELATED TO THE AFRICAN-AMERICAN  EXPERIENCE,
 AS  DETERMINED  BY  THE COMMISSION, AND THE COMMISSION SHALL CATALOG AND
 PUBLICIZE SUCH PRACTICES FOR USE BY OTHER TEACHERS; AND
   4. to prepare reports for the governor and the  legislature  regarding
 its  findings  and  recommendations on facilitating the inclusion of the
 African slave trade, American slavery studies, African-American  history
 and special programs in the educational system of the state.
   § 3. This act shall take effect immediately.