Assembly Bill A8405

Vetoed By Governor

2009-2010 Legislative Session

Establishes the New York state War of 1812 200th anniversary commemoration commission to promote the 200th anniversary of the War of 1812

download bill text pdf

Archive: Last Bill Status - Vetoed by Governor

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

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 26, 2009	tabled vetoed memo.57
Aug 14, 2009	delivered to governor
Jul 16, 2009	returned to assembly passed senate 3rd reading cal.923 substituted for s5603c
Jun 15, 2009	referred to rules passed assembly
Jun 16, 2009	delivered to senate
Jun 11, 2009	amended on third reading 8405c
Jun 09, 2009	amended on third reading 8405b
Jun 02, 2009	amended on third reading 8405a
May 28, 2009	advanced to third reading cal.710
May 27, 2009	reported
May 19, 2009	referred to tourism, arts and sports development

Votes

- Jul 16, 2009 - Floor Vote
  A8405
  
  Aye
  
  53
  
  Nay
  
  0
  
  Absent
  
  4
  
  Excused
  
  5
  
  Abstained
  
  0
  - - Floor Vote: Jul 16, 2009
      
      aye (53)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Duane
      
      Espada
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Golden
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Johnson
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Leibell
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Morahan
      
      Nozzolio
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Perkins
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Winner
      
      Young
      
      absent (4)
      
      Dilan
      
      Huntley
      
      Monserrate
      
      Onorato
      
      excused (5)
      
      Diaz
      
      Foley
      
      Johnson
      
      Kruger
      
      Squadron

Bill Amendments

Original

C (Active)

2009-A8405 - Details

Versions Introduced in 2011-2012 Legislative Session:: A3722

2009-A8405 - Summary

Establishes the New York state War of 1812 200th anniversary commemoration commission to promote the 200th anniversary of the War of 1812 by planning and executing an organized series of War of 1812 reenactment tourism events.

2009-A8405 - Bill Text download pdf

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

                                  8405

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              May 19, 2009
                               ___________

Introduced by M. of A. BRODSKY, RUSSELL -- read once and referred to the
  Committee on Tourism, Arts and Sports Development

AN  ACT  to create a temporary New York state War of 1812 200th anniver-
  sary commemoration commission to promote the 200th anniversary of  the
  War of 1812

  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  there  is  a need to create a New York state War of 1812 200th
anniversary commemoration commission to promote the 200th anniversary of
the War of 1812 which will take place from enactment of this legislation
until 2015. The primary focus of the New York state War  of  1812  200th
anniversary  commemoration  commission  will  be  to plan and execute an
organized series of War of 1812 reenactment tourism events. The  tourism
events  will  highlight  the  following key sites: Old Fort Niagara, the
Battle of Ogdensburg, the Battle of  Plattsburgh,  Fort  Wadsworth,  and
Sacketts  Harbor.  The legislature finds that the creation of a New York
state War of 1812 200th anniversary commemoration commission  is  neces-
sary  to  bring  together  persons  qualified by experience or by powers
vested in them by their offices to  coordinate  and  facilitate  such  a
multi-year event.
  S  2.  New  York  state  War  of  1812 200th anniversary commemoration
commission; created. 1.  There  is  hereby  created  a  temporary  state
commission to be known as the "New York state War of 1812 200th anniver-
sary commemoration commission".
  2. Definitions. As used in this act:
  a. "Commission" means the New York state War of 1812 200th 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 War of 1812 reenactment event for the year.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11326-01-9

A. 8405                             2

  3. a. The commission shall consist of nineteen members to be appointed
as follows:
  The commissioner of parks, recreation and historic preservation or his
or  her duly designated representative, the commissioner of education or
his or her duly designated representative, the commissioner of  economic
development  or  his  or  her  duly designated representative, represen-
tatives from Old Fort Niagara, the Battle of Ogdensburg, the  Battle  of
Plattsburgh,  Fort Wadsworth, and Sacketts Harbor, 11 members of the War
of 1812 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 parks, recreation and historic preser-
vation or his or her  duly  designated  representative  shall  serve  as
chairperson  of the commission. The eleven appointed members shall serve
at the pleasure of the appointing official. Appointments shall  be  made
within  sixty days of the effective date of this act. If a member misses
three meetings his or her seat shall  be  considered  vacant.  Vacancies
shall be filled in the manner provided for in the original appointments.
  b.  The  members  of  the commission shall receive no compensation for
their services but shall be reimbursed for their  actual  and  necessary
expenses incurred by them in the performance of their duties.
  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 200th anniversary of the War
of 1812 from the effective date of this act through 2015;
  b. To plan and execute an organized series of War of 1812  reenactment
tourism events;
  c.  To  promote War of 1812 educational studies in grades kindergarten
through 12 in New York state schools; and
  2. The commission shall work with battlefields within New  York  state
and  other commissions relating to the War of 1812 that are planning War
of 1812 reenactment events. Each battlefield shall  have  the  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  private  hearings
within or without the state, and shall have all the powers of a legisla-
tive 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. 8405                             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.

2009-A8405A - Details

Versions Introduced in 2011-2012 Legislative Session:: A3722

2009-A8405A - Summary

2009-A8405A - Sponsor Memo

2009-A8405A - Bill Text download pdf

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

                                 8405--A
                                                        Cal. No. 710

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              May 19, 2009
                               ___________

Introduced  by  M.  of A. BRODSKY, RUSSELL, SCHROEDER, CUSICK, DelMONTE,
  CASTRO, LAVINE, FIELDS, KOON, GABRYSZAK, CAHILL,  MAGNARELLI,  ZEBROW-
  SKI,  ESPAILLAT, MAISEL -- Multi-Sponsored by -- M. of A. BING, CHRIS-
  TENSEN, COOK, GALEF, GLICK, GOTTFRIED, GUNTHER, JOHN,  MAGEE,  MARKEY,
  MAYERSOHN,  McENENY,  NOLAN,  SCOZZAFAVA,  SWEENEY, WEISENBERG -- read
  once and referred to the Committee on Tourism, Arts and Sports  Devel-
  opment  --  passed  by  Assembly and delivered to the Senate, recalled
  from the Senate, vote reconsidered, bill amended,  ordered  reprinted,
  retaining its place on the order of third reading

AN  ACT  to create a temporary New York state War of 1812 200th anniver-
  sary commemoration commission to promote the 200th anniversary of  the
  War of 1812

  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  there  is  a need to create a New York state War of 1812 200th
anniversary commemoration commission to promote the 200th anniversary of
the War of 1812 which will take place from enactment of this legislation
until 2015. The primary focus of the New York state War  of  1812  200th
anniversary  commemoration  commission  will  be  to plan and execute an
organized series of War of 1812 reenactment tourism events. The  tourism
events  will  highlight  the  following key sites: The Seaway Trail, Old
Fort Niagara, the Battle of Ogdensburg, the Battle of Plattsburgh,  Fort
Ontario, Fort Wadsworth, and Sacketts Harbor. The legislature finds that
the  creation  of a New York state War of 1812 200th anniversary commem-
oration commission is necessary to bring together persons  qualified  by
experience  or  by  powers vested in them by their offices to coordinate
and facilitate such a multi-year event.
  S 2. New York  state  War  of  1812  200th  anniversary  commemoration
commission;  created.  1.  There  is  hereby  created  a temporary state

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11326-03-9

A. 8405--A                          2

commission to be known as the "New York state War of 1812 200th anniver-
sary commemoration commission".
  2. Definitions. As used in this act:
  a. "Commission" means the New York state War of 1812 200th 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 War of 1812 reenactment event for the year.
  3. a. The commission shall consist of nineteen members to be appointed
as follows:
  The commissioner of parks, recreation and historic preservation or his
or  her duly designated representative, the commissioner of education or
his or her duly designated representative, the commissioner of  economic
development  or  his  or  her  duly designated representative, represen-
tatives from The Seaway Trail,  Old  Fort  Niagara,  Fort  Ontario,  the
Battle  of  Ogdensburg,  the  Battle of Plattsburgh, Fort Wadsworth, and
Sacketts Harbor, 3 members of the War of 1812 reenactment  community  of
whom  one  shall be appointed by the governor, one shall be appointed by
the temporary president of the senate, and one shall be appointed by the
speaker of the  assembly.    Additionally,  6  representatives  will  be
appointed  from  the hospitality and tourism business community from the
aforementioned regions, two members shall be appointed by the  governor,
two members shall be appointed by the temporary president of the senate,
and  two members shall be appointed by the speaker of the assembly.  The
commissioner of parks, recreation and historic preservation  or  his  or
her  duly  designated  representative  shall serve as chairperson of the
commission. The nine appointed members shall serve at  the  pleasure  of
the appointing official. Appointments shall be made within sixty days of
the effective date of this act. If a member misses three meetings his or
her  seat  shall  be considered vacant. Vacancies shall be filled in the
manner provided for in the original appointments.
  b. The members of the commission shall  receive  no  compensation  for
their  services  but  shall be reimbursed for their actual and necessary
expenses incurred by them in the performance of their duties.
  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 200th anniversary of the War
of 1812 from the effective date of this act through 2015;
  b.  To plan and execute an organized series of War of 1812 reenactment
tourism events;
  c. To promote War of 1812 educational studies in  grades  kindergarten
through 12 in New York state schools; and
  2.  The  commission shall work with battlefields within New York state
and other commissions relating to the War of 1812 that are planning  War
of  1812  reenactment  events. Each battlefield shall have the authority
over how such events are handled.

A. 8405--A                          3

  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 private hearings
within or without the state, and shall have all the powers of a legisla-
tive 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.
  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.

2009-A8405B - Details

Versions Introduced in 2011-2012 Legislative Session:: A3722

2009-A8405B - Summary

2009-A8405B - Sponsor Memo

2009-A8405B - Bill Text download pdf

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

                                 8405--B
                                                        Cal. No. 710

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              May 19, 2009
                               ___________

Introduced  by  M.  of A. BRODSKY, RUSSELL, SCHROEDER, CUSICK, DelMONTE,
  CASTRO, LAVINE, FIELDS, KOON, GABRYSZAK, CAHILL,  MAGNARELLI,  ZEBROW-
  SKI,  ESPAILLAT, MAISEL -- Multi-Sponsored by -- M. of A. BING, CHRIS-
  TENSEN, COOK, GALEF, GLICK, GOTTFRIED, GUNTHER, JOHN,  MAGEE,  MARKEY,
  MAYERSOHN,  McENENY,  NOLAN,  SCOZZAFAVA,  SWEENEY, WEISENBERG -- read
  once and referred to the Committee on Tourism, Arts and Sports  Devel-
  opment  --  passed  by  Assembly and delivered to the Senate, recalled
  from the Senate, vote reconsidered, bill amended,  ordered  reprinted,
  retaining  its place on the order of third reading -- again amended on
  third reading, ordered reprinted, retaining its place on the order  of
  third reading

AN  ACT  to create a temporary New York state War of 1812 200th anniver-
  sary commemoration commission to promote the 200th anniversary of  the
  War of 1812

  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  there  is  a need to create a New York state War of 1812 200th
anniversary commemoration commission to promote the 200th anniversary of
the War of 1812 which will take place from enactment of this legislation
until 2015. The primary focus of the New York state War  of  1812  200th
anniversary  commemoration  commission  will  be  to plan and execute an
organized series of War of 1812 reenactment tourism events. The  tourism
events  will  highlight  the  following key sites: The Seaway Trail, Old
Fort Niagara, the Battle of Ogdensburg, the Battle of Plattsburgh,  Fort
Ontario,  Fort Wadsworth, and Sackets Harbor. The legislature finds that
the creation of a New York state War of 1812 200th  anniversary  commem-
oration  commission  is necessary to bring together persons qualified by
experience or by powers vested in them by their  offices  to  coordinate
and facilitate such a multi-year event.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11326-04-9

A. 8405--B                          2

  S  2.  New  York  state  War  of  1812 200th anniversary commemoration
commission; created. 1.  There  is  hereby  created  a  temporary  state
commission to be known as the "New York state War of 1812 200th anniver-
sary commemoration commission".
  2. Definitions. As used in this act:
  a. "Commission" means the New York state War of 1812 200th 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 War of 1812 reenactment event for the year.
  3.  a.  The  commission  shall  consist  of  twenty-four members to be
appointed as follows:
  The commissioner of parks, recreation and historic preservation or his
or her duly designated representative, the commissioner of education  or
his  or her duly designated representative, the commissioner of economic
development or his or  her  duly  designated  representative,  represen-
tatives  from  The  Seaway  Trail,  Old  Fort Niagara, Fort Ontario, the
Battle of Ogdensburg, the Battle of  Plattsburgh,  Fort  Wadsworth,  and
Sackets  Harbor,  eight members of the War of 1812 reenactment community
of whom two shall be appointed by the governor, two shall  be  appointed
by  the temporary president of the senate, two shall be appointed by the
speaker of the assembly, one shall be appointed by the  minority  leader
of  the  senate and one shall be appointed by the minority leader of the
assembly. Additionally, six representatives will be appointed  from  the
hospitality  and  tourism  business  community  from  the aforementioned
regions, two members shall be appointed  by  the  governor,  one  member
shall  be appointed by the temporary president of the senate, one member
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
parks,  recreation  and  historic preservation or his or her duly desig-
nated representative shall serve as chairperson of the  commission.  The
nine  appointed  members  shall  serve at the pleasure of the appointing
official. Appointments shall be made within sixty days of the  effective
date  of  this  act.  If  a member misses three meetings his or her seat
shall be considered vacant. Vacancies shall  be  filled  in  the  manner
provided for in the original appointments.
  b.  The  members  of  the commission shall receive no compensation for
their services but shall be reimbursed for their  actual  and  necessary
expenses incurred by them in the performance of their duties.
  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 200th anniversary of the War
of 1812 from the effective date of this act through 2015;
  b. To plan and execute an organized series of War of 1812  reenactment
tourism events;

A. 8405--B                          3

  c.  To  promote War of 1812 educational studies in grades kindergarten
through 12 in New York state schools; and
  2.  The  commission shall work with battlefields within New York state
and other commissions relating to the War of 1812 that are planning  War
of  1812  reenactment  events. Each battlefield shall have the 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 private hearings
within or without the state, and shall have all the powers of a legisla-
tive 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.
  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.

2009-A8405C (ACTIVE) - Details

Versions Introduced in 2011-2012 Legislative Session:: A3722

2009-A8405C (ACTIVE) - Summary

2009-A8405C (ACTIVE) - Sponsor Memo

2009-A8405C (ACTIVE) - Bill Text download pdf

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

                                 8405--C
                                                        Cal. No. 710

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              May 19, 2009
                               ___________

Introduced  by  M.  of A. BRODSKY, RUSSELL, SCHROEDER, CUSICK, DelMONTE,
  CASTRO, LAVINE, FIELDS, KOON, GABRYSZAK, CAHILL,  MAGNARELLI,  ZEBROW-
  SKI,  ESPAILLAT, MAISEL -- Multi-Sponsored by -- M. of A. BING, CHRIS-
  TENSEN, COOK, GALEF, GLICK, GOTTFRIED, GUNTHER, JOHN,  MAGEE,  MARKEY,
  MAYERSOHN,  McENENY,  NOLAN,  SCOZZAFAVA,  SWEENEY, WEISENBERG -- read
  once and referred to the Committee on Tourism, Arts and Sports  Devel-
  opment  --  passed  by  Assembly and delivered to the Senate, recalled
  from the Senate, vote reconsidered, bill amended,  ordered  reprinted,
  retaining  its place on the order of third reading -- again amended on
  third reading, ordered reprinted, retaining its place on the order  of
  third  reading  --  again amended on third reading, ordered reprinted,
  retaining its place on the order of third reading

AN ACT to create a temporary New York state War of 1812  200th  anniver-
  sary  commemoration commission to promote the 200th anniversary of the
  War of 1812

  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 there is a need to create a New York state War  of  1812  200th
anniversary commemoration commission to promote the 200th anniversary of
the War of 1812 which will take place from enactment of this legislation
until  2015.  The  primary focus of the New York state War of 1812 200th
anniversary commemoration commission will be  to  plan  and  execute  an
organized  series of War of 1812 reenactment tourism events. The tourism
events will highlight the following key sites:  The  Seaway  Trail,  Old
Fort  Niagara, the Battle of Ogdensburg, the Battle of Plattsburgh, Fort
Ontario, Fort Wadsworth, and Sackets Harbor. The legislature finds  that
the  creation  of a New York state War of 1812 200th anniversary commem-
oration commission is necessary to bring together persons  qualified  by
experience  or  by  powers vested in them by their offices to coordinate
and facilitate such a multi-year event.

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

                                                           LBD11326-06-9

A. 8405--C                          2

  S 2. New York  state  War  of  1812  200th  anniversary  commemoration
commission;  created.  1.  There  is  hereby  created  a temporary state
commission to be known as the "New York state War of 1812 200th anniver-
sary commemoration commission".
  2. Definitions. As used in this act:
  a. "Commission" means the New York state War of 1812 200th 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 War of 1812 reenactment event for the year.
  3.  a.  The  commission  shall  consist  of  twenty-four members to be
appointed as follows:
  The commissioner of parks, recreation and historic preservation or his
or her duly designated representative, the commissioner of education  or
his  or her duly designated representative, the commissioner of economic
development or his or  her  duly  designated  representative,  represen-
tatives  from  The  Seaway  Trail,  Old  Fort Niagara, Fort Ontario, the
Battle of Ogdensburg, the Battle of  Plattsburgh,  Fort  Wadsworth,  and
Sackets  Harbor,  eight members of the War of 1812 reenactment community
of whom two shall be appointed by the governor, two shall  be  appointed
by  the temporary president of the senate, two shall be appointed by the
speaker of the assembly, one shall be appointed by the  minority  leader
of  the  senate and one shall be appointed by the minority leader of the
assembly. Additionally, six representatives will be appointed  from  the
hospitality  and  tourism  business  community  from  the aforementioned
regions, two members shall be appointed  by  the  governor,  one  member
shall  be appointed by the temporary president of the senate, one member
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
parks,  recreation  and  historic preservation or his or her duly desig-
nated representative shall serve as chairperson of the commission.   The
fourteen appointed members shall serve at the pleasure of the appointing
official.  Appointments shall be made within sixty days of the effective
date of this act. If a member misses three  meetings  his  or  her  seat
shall  be  considered  vacant.  Vacancies  shall be filled in the manner
provided for in the original appointments.
  b. The members of the commission shall  receive  no  compensation  for
their  services  but  shall be reimbursed for their actual and necessary
expenses incurred by them in the performance of their duties.
  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 200th anniversary of the War
of 1812 from the effective date of this act through 2015;
  b.  To plan and execute an organized series of War of 1812 reenactment
tourism events;

A. 8405--C                          3

  c. To promote War of 1812 educational studies in  grades  kindergarten
through 12 in New York state schools; and
  2.  The  commission shall work with battlefields within New York state
and other commissions relating to the War of 1812 that are planning  War
of  1812  reenactment  events. Each battlefield shall have the 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 private hearings
within or without the state, and shall have all the powers of a legisla-
tive 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.
  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.

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Assembly Bill A8405

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