S T A T E O F N E W Y O R K
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8157--A
Cal. No. 557
2009-2010 Regular Sessions
I N A S S E M B L Y
May 6, 2009
___________
Introduced by M. of A. McENENY, ENGLEBRIGHT, TITONE -- read once and
referred to the Committee on Governmental Operations -- reported from
committee, advanced to a third reading, amended and ordered reprinted,
retaining its place on the order of third reading
AN ACT to create a temporary New York state civil war 150th anniversary
commemoration commission; and providing for the repeal of such
provisions
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative findings. The legislature hereby finds and
declares that there is a need to create a New York state civil war 150th
anniversary commemoration commission to promote the 150th anniversary of
the American civil war which will take place between the years 2011 and
2015. The primary focus of the New York state civil war 150th anniver-
sary commemoration commission will be to plan and execute an organized
series of civil war reenactment tourism events.
The legislature finds that the creation of a New York state civil war
150th anniversary commemoration commission is necessary to bring togeth-
er persons qualified by experience and/or by powers vested in them by
their offices to coordinate and facilitate such a multi-year event.
S 2. New York state civil war 150th anniversary commemoration commis-
sion; created. 1. There is hereby created a temporary state commission
to be known as the "New York state civil war 150th anniversary commem-
oration commission".
2. Definitions. As used in this act:
a. "Commission" means the New York state civil war 150th anniversary
commemoration commission created by this section.
b. "Re-enactor" means a person who is a recognized member of a duly
constituted reenactment organization approved by the host site and who
participates in the main civil war reenactment event for the year.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11210-02-0
A. 8157--A 2
3. a. The commission shall consist of 14 members to be appointed as
follows:
The commissioner of the department of parks, recreation and historic
preservation or his or her duly designated representative, the commis-
sioner of the department of education or his or her duly designated
representative, the commissioner of the department of economic develop-
ment or his or her duly designated representative, and 11 members of the
civil war reenactment community of whom three members shall be appointed
by the governor, three members shall be appointed by the temporary pres-
ident of the senate, three members shall be appointed by the speaker of
the assembly, one member shall be appointed by the minority leader of
the senate and one member shall be appointed by the minority leader of
the assembly. The commissioner of the department of economic development
or his or her duly designated representative shall serve as chairperson
of the commission. The eleven appointed members shall serve at the plea-
sure of the appointing official. Vacancies shall be filled in the manner
provided for original appointments.
b. The members of the commission shall receive no compensation for
their services.
c. Notwithstanding any inconsistent provision of any general, special
or local law, ordinance, resolution or charter, no officer, member or
employee of the state or of any public corporation shall forfeit his or
her office or employment by reason of his or her acceptance of appoint-
ment as a member of the commission, nor shall service as such commission
member be deemed incompatible or in conflict with such office or employ-
ment.
d. The commission shall appoint such staff as may be necessary to
carry out its duties.
S 3. Powers and duties of the commission. 1. The commission shall have
the following powers and duties:
a. To coordinate the commemoration of the 150th anniversary of the
civil war for the years 2011 through 2015;
b. To plan and execute an organized series of civil war reenactment
tourism events;
c. To promote civil war educational studies in grades kindergarten
through twelve in New York state schools; and
d. To design two special "metal alloy" medallions to issue exclusively
to those re-enactors who are duly authorized and who participate in the
main reenactment event of each year. A medallion shall be prepared for
issuance to American forces and a separate and distinct medallion shall
be prepared for issuance to Confederate forces.
2. The commission shall work with forts within New York state that are
planning civil war reenactment events. Each fort shall have authority
over how such events are handled.
S 4. The commission may employ and at pleasure remove such personnel
as it may deem necessary for the performance of its functions and fix
their compensation within the amounts made available by appropriation
therefor. The commission may meet and hold public and/or private hear-
ings within or without the state, and shall have all the powers of a
legislative committee pursuant to the legislative law.
S 5. The commission may request and shall receive from any subdivi-
sion, department, board, commission, office, agency, or other instrumen-
tality of the state or of any political subdivision thereof such facili-
ties, assistance and data as it deems necessary or desirable for the
proper execution of its powers and duties and to effectuate the purposes
set forth in this act.
A. 8157--A 3
S 6. The commission is hereby authorized and empowered to enter into
any agreements and to do and perform any acts that may be necessary,
desirable or proper to carry out the purposes and objectives of this
act.
S 7. The commission shall continue in existence until December 31,
2015, at which time it shall be deemed to be repealed.
S 8. This act shall take effect immediately.