BILL NUMBER:A8640

TITLE  OF  BILL:   An act to amend the arts and cultural affairs law, in
relation to actions against the natural heritage trust;  and  to  repeal
section 55.23 of such law relating thereto

PURPOSE  OF BILL: To protect the resources of the Natural Heritage Trust
(hereafter, "the Trust") thereby encouraging the continued  use  of  the
Natural  Heritage  Trust as a focal point for the receipt of private and
public donations to further conservation, outdoor  recreation,  historic
preservation,  and  improvements  to  local  waterfronts  throughout the
State.

SUMMARY OF PROVISIONS: The bill repeals section 55,23 of  the  Arts  and
Cultural  Affairs  Law  and adds a new section 55.23 to confer exclusive
jurisdiction of all claims against the Trust in the Court of Claims  and
to  specify that any awards or judgments against the Trust shall be paid
by appropriations made by the State.

JUSTIFICATION: The Trust  is  a  public  benefit  corporation  initially
created  by  Chapter  653  of the Laws of 1968. The Trust was created to
serve as a focal point for the receipt of private gifts and donations to
further the  State's  efforts  to  conserve  its  natural  and  historic
resources.  In  2001, Article 55 was amended to include the Secretary of
State as a member of the Trust and to expand its corporate  purposes  to
include  the  revitalization and restoration of the State's waterfronts.
              

In addition to the Secretary of State, the Commissioners of  the  Office
of  Parks,  Recreation  and  Historic Preservation and the Department of
Environmental Conservation, and the Chair of the State Council of  Parks
and Outdoor Recreation serve as members of the Trust.

Because  donations to the Trust are in most cases tax deductible, in the
years since its creation the Trust has served as the preferred mechanism
for private donations of land and  money  to  further  important  public
conservation  initiatives.  Donations  to the Trust fund a vast array of
environmental and cultural education programs and performances  as  well
as  numerous  sporting events and recreational programs. Examples of the
public programs that have received funding  from  the  Natural  Heritage
Trust  include:  Shakespeare  in  the Park, the Games for the Physically
Challenged, and beach grass planting for dune stabilization to name just
a few. The Trust  has  also  been  instrumental  in  attracting  private
donations for the purchase of land for conservation and recreation, such
as  Sterling  Forest  State  Park,  and  for  securing donations for the
construction of park facilities such as the  Theodore  Roosevelt  Nature
Center   at  Jones  Beach,  Emma  Treadwell  Thacher  Nature  Center  at
Thompson's Lake State Park, and the refurbishment of the Anderson School
House to serve as the Taconic Regional headquarters  of  the  Office  of
Parks, Recreation and Historic Preservation.

While  there  are  no records of lawsuits involving the Trust during its
existence, it remains unclear under the statute whether the State  would
appropriate  money  to  satisfy  any  judgments  or awards that might be

rendered in the future. This legislation is needed to  ensure  that  any
claims  made against the Trust will be heard and determined in the Court
of Claims and that any judgments or awards will be paid for by appropri-
ations made by the State. Considering the instrumental support the Trust
provides  to  state programs and the importance of protecting the assets
of the Trust, it is appropriate for the State to  assume  responsibility
for claims against the Trust in this manner.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None known at this time.

EFFECTIVE DATE: This act shall take effect immediately.