S T A T E   O F   N E W   Y O R K
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                                  8039

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               May 1, 2009
                               ___________

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

AN ACT to amend the arts  and  cultural  affairs  law,  in  relation  to
  including  the  New  York state capitol's hall of governors as part of
  the visual and performing arts on the Empire State Plaza

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 4.01 of the arts and cultural affairs law, as added
by chapter 996 of the laws of 1983, is amended to read as follows:
  S 4.01. Legislative  findings  and declaration of policy. The legisla-
ture hereby finds and declares that the Governor Nelson  A.  Rockefeller
empire  state  plaza  [is  a]  AND  THE NEW YORK STATE CAPITOL'S HALL OF
GOVERNORS ARE unique architectural [entity] ENTITIES and [is] ARE inten-
sively used by the public for recreation, for  conventions  of  business
and  governmental  groups  and for participation in exhibits and exhibi-
tions of the visual and performing arts.
  It is hereby declared a policy of the state that there be  created  in
the  executive  department the empire state plaza art commission, with a
legislative mandate regarding the works of art of  great  value  to  the
people  of  the  state of New York which are located in the empire state
plaza AND THE CAPITOL'S HALL OF GOVERNORS.
  S 2. Section 4.03 of the arts and cultural affairs law,  as  added  by
chapter 996 of the laws of 1983, is amended to read as follows:
  S 4.03. Definitions.  Except  as  otherwise provided herein and unless
the context shall otherwise require, the following terms as used in this
article shall have the following meanings:
  1. "Commission" shall mean  the  empire  state  plaza  art  commission
created by this article.
  2.  "Empire state plaza" shall mean the Governor Nelson A. Rockefeller
empire state plaza, excluding the cultural education center, the  legis-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09253-01-9

              

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lative  office  building  and  any  other  offices and facilities of the
legislature in said plaza.
  3.  "State  agency"  shall mean any state board, body, bureau, commis-
sion, council, department, public authority, public  corporation,  divi-
sion,  office, or other governmental entity performing a governmental or
proprietary function for the state, but shall not include  the  legisla-
ture.
  4.  "HALL  OF  GOVERNORS"  SHALL  MEAN THE MAIN HALLWAY LEADING TO THE
EXECUTIVE CHAMBERS.
  S 3. Section 4.07 of the arts and cultural affairs law, as amended  by
section  2  of  part  A of chapter 56 of the laws of 2008, is amended to
read as follows:
  S 4.07. Powers and duties of commission. The commission shall have the
following responsibilities, powers and duties:
  1. To make recommendations to state agencies  regarding  the  custody,
display,  conservation,  preservation and maintenance of works of art in
the empire state plaza AND HALL OF GOVERNORS under the  jurisdiction  of
such agencies;
  2.  To  appraise  and catalogue works of art in the empire state plaza
AND HALL OF GOVERNORS;
  3. To advise and assist state agencies in the preparation and distrib-
ution of publications by such agencies;
  4. To make recommendations to the governor, the  legislature  and  the
commissioner  of general services regarding the purchase of works of art
for display at the empire state plaza AND HALL OF GOVERNORS;
  5. To solicit and acquire by gift, grant or loan such works of art for
display at the empire state plaza AND HALL OF GOVERNORS as it  deems  to
be in the best interests of the people of the state;
  6. To enter into such contracts as may be necessary or appropriate for
the performance of the functions vested in it by this article;
  7. To render such assistance as the legislature or either house there-
of may request with respect to the legislative office building and other
offices and facilities of the legislature in the empire state plaza;
  8.  To  render  such  assistance  as the commissioner of education may
request with respect to the cultural education center;
  9. To make an annual report to the governor and the legislature on  or
before  December  fifteenth  which shall contain a complete inventory of
the works of art in the empire state plaza  AND  HALL  OF  GOVERNORS,  a
summary  of the accomplishments of the commission for the prior year, as
well as its projects planned for the current year, and such  recommenda-
tions  pertinent  to the duties of the commission as it deems advisable.
Such report shall contain a full fiscal accounting of the activities  of
the commission, both current and projected;
  10.  To  solicit and accept gifts, contributions and bequests of funds
from individuals, foundations, corporations and other  organizations  or
institutions for purposes of the commission. All funds of the commission
from  such  gifts,  contributions  and  bequests shall be deposited in a
state fiduciary fund, expenditures from which shall be  limited  to  the
purposes of the commission set forth in this article;
  11.  To  establish a program, in consultation with the commissioner of
general services, for the promotion of the empire state plaza  AND  HALL
OF  GOVERNORS  art  [collection]  COLLECTIONS to the public through such
means as determined by the commission to be appropriate, including,  but
not limited to, educational seminars, remote exhibitions, special events
and  the  sale  of  souvenirs or mementos related to the collection. All
receipts of the commission from promotional efforts shall  be  deposited

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in  a  state fiduciary fund, expenditures from which shall be limited to
the purposes of the commission set forth in this article.
  S  4.  The  arts  and  cultural affairs law is amended by adding a new
section 4.13 to read as follows:
  S 4.13. HALL OF GOVERNORS. THE COMMISSIONER OF GENERAL SERVICES  SHALL
HAVE THE FOLLOWING RESPONSIBILITIES, POWERS AND DUTIES:
  1. AUTHORITY TO ACCEPT GIFTS OF PORTRAITS OR FUNDS FOR THE PURCHASE OF
PORTRAITS  AND  OTHER  ASSOCIATED  CURATORIAL  SERVICES  FOR THE HALL OF
GOVERNORS;
  2. AUTHORITY TO ENTER INTO CONTRACTS OR  LOAN  AGREEMENTS  RELATED  TO
GIFTS OF FUNDS OR PORTRAITS AND OTHER ASSOCIATED CURATORIAL SERVICES;
  3. DEVELOP AND ADMINISTER A WRITTEN REVIEW PROCESS IN CONJUNCTION WITH
THE COMMISSION ON THE RESTORATION OF THE CAPITOL, WHICH PROVIDES FOR THE
CONSULTATION  WITH  ART  EXPERTS  REGARDING  THE STYLE, AUTHENTICITY AND
CONDITION OF PORTRAITS OFFERED TO THE STATE; AND
  4. ENSURE THAT THE SOLICITATION AND ACCEPTANCE OF  ALL  GIFTS  ARE  IN
CONFORMITY WITH ALL LAWS CONCERNING CONFLICTS OF INTEREST OR THE APPEAR-
ANCE  THEREOF,  AND  SUBJECT  TO THE OPINION OF THE COMMISSION ON PUBLIC
INTEGRITY.
  S 5. This act shall take effect on the thirtieth day  after  it  shall
have become a law.