S T A T E O F N E W Y O R K
________________________________________________________________________
899
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. CAHILL, LAVINE, HOYT, GOTTFRIED, FINCH -- Multi-
Sponsored by -- M. of A. CLARK, GLICK, MARKEY, McENENY, MILLMAN,
J. RIVERA, WEISENBERG -- read once and referred to the Committee on
Tourism, Arts and Sports Development
AN ACT to amend the parks, recreation and historic preservation law, in
relation to the heritage infrastructure and capacity building act; to
amend the state finance law and the vehicle and traffic law, in
relation to establishing a dedicated fund to benefit the Hudson-Ful-
ton-Champlain quadricentennial commission, French and Indian war 250th
anniversary commemoration commission and other designated heritage
areas and imposing a motor vehicle registration surcharge; and provid-
ing for the repeal of certain provisions upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative findings. The legislature finds that the legacy
and history of America has many of its origins within the state of New
York which is home to the many diverse cultures and traditions of Native
Americans, Europeans, Africans and Asians. American notions of diversi-
ty, tolerance and commerce had their origins in the Dutch settlements of
New Amsterdam and New Netherlands in the first half of the 17th century.
New York state has spawned innovation and development in many areas
including industry, agriculture, transportation and the arts.
The legislature further finds that in the first decade of the 21st
century there will be a unique confluence of significant historical
commemorations that will capture the attention of all New Yorkers and
peoples from around the nation and the world. The 400th anniversaries of
voyages of discovery of Henry Hudson and Samuel de Champlain and anni-
versaries of the French and Indian War and American Revolutionary War
will increase historical awareness of New York's significance in the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00573-01-9
A. 899 2
nation's history and bring economic growth as heritage tourism
increases.
The state has created a Hudson-Fulton-Champlain quadricentennial
commission; French and Indian War 250th Anniversary Commemoration
Commission and the nation's first heritage area system with 18 state
designated heritage areas from the northern portion of Long Island to
Buffalo and Sackets Harbor in western New York. The federal government
has established national heritage areas for the Hudson River Valley and
the Erie canalway, and created commissions to commemorate the French and
Indian War and the American Revolutionary War and federal legislation
has been introduced to create national commissions for the Hudson-Ful-
ton-Champlain commemoration.
The legislature further finds that the state has a unique opportunity
to showcase to the world its distinctive cultural and historical rich-
ness, traditions, laws, natural landscape, historical sites and customs
that played a significant role in shaping the American experience.
In order to fully realize the significant economic, educational and
inspirational potential from the state's heritage resources, the legis-
lature finds that it is timely and appropriate to establish a temporary
fund, the state heritage infrastructure and capacity building fund, to
be used to strengthen the state's public and private heritage infras-
tructure and capacity.
S 2. The parks, recreation and historic preservation law is amended by
adding a new article 38 to read as follows:
ARTICLE 38
HERITAGE INFRASTRUCTURE AND CAPACITY BUILDING ACT
SECTION 38.01 DEFINITIONS.
38.03 POWERS AND DUTIES OF THE COMMISSIONER.
38.05 POWERS AND DUTIES OF A MUNICIPALITY.
38.07 AUTHORIZED EXPENDITURES.
S 38.01 DEFINITIONS. AS USED IN THIS ARTICLE, UNLESS OTHERWISE SPECI-
FIED WITHIN THIS ARTICLE, THE FOLLOWING TERMS SHALL MEAN AND INCLUDE:
1. "BUSINESS PLAN" MEANS A PLANNING DOCUMENT WHICH CLEARLY DESCRIBES
THE BUSINESS DEVELOPMENT OBJECTIVE OF AN ORGANIZATION OR PROGRAM. THE
PLAN OUTLINES WHAT, HOW AND FROM WHERE THE RESOURCES NEEDED TO ACCOM-
PLISH THE OBJECTIVE WILL BE OBTAINED AND UTILIZED.
2. "COST" MEANS THE COST OF AN APPROVED PROJECT, WHICH SHALL INCLUDE
EDUCATION, PLANNING AND PROGRAM SERVICES AS WELL AS ENGINEERING AND
ARCHITECTURAL SERVICES, PLANS AND SPECIFICATIONS, CONSULTANT AND LEGAL
SERVICES, AND OTHER DIRECT EXPENSES INCIDENT TO SUCH PROJECT LESS ANY
FEDERAL ASSISTANCE RECEIVED OR TO BE RECEIVED AND ANY OTHER ASSISTANCE
FROM OTHER PARTIES.
3. "FACILITY" MEANS ANY STRUCTURE OR SITE IMPROVEMENT.
4. "FEDERAL ASSISTANCE" MEANS FUNDS AVAILABLE, OTHER THAN BY LOAN,
FROM THE FEDERAL GOVERNMENT, EITHER DIRECTLY OR THROUGH ALLOCATION BY
THE STATE FOR CONSTRUCTION OR PROGRAM PURPOSES PURSUANT TO ANY FEDERAL
LAW OR PROGRAM.
5. "GOVERNING BODY" MEANS:
A. IN THE CASE OF A COUNTY OUTSIDE OF THE CITY OF NEW YORK, THE COUNTY
BOARD OF SUPERVISORS OR OTHER ELECTIVE GOVERNING BODY;
B. IN THE CASE OF A CITY OR VILLAGE, THE LOCAL LEGISLATIVE BODY THERE-
OF, AS THE TERM IS DEFINED IN THE MUNICIPAL HOME RULE LAW;
C. IN THE CASE OF A TOWN, THE TOWN BOARD;
D. IN THE CASE OF A PUBLIC BENEFIT CORPORATION, THE BOARD OF DIREC-
TORS, MEMBERS OR TRUSTEES THEREOF;
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E. IN THE CASE OF A PUBLIC AUTHORITY THE GOVERNING BOARD OF DIRECTORS,
MEMBERS, OR TRUSTEES THEREOF;
F. IN THE CASE OF A NOT-FOR-PROFIT CORPORATION, THE BOARD OF DIRECTORS
THEREOF OR SUCH OTHER BODY DESIGNATED IN THE CERTIFICATE OF INCORPO-
RATION TO MANAGE THE CORPORATION; AND
G. IN THE CASE OF AN INDIAN TRIBE OR NATION, ANY GOVERNING BODY RECOG-
NIZED BY THE UNITED STATES OR THE STATE OF NEW YORK.
6. "MUNICIPALITY" MEANS A LOCAL PUBLIC AUTHORITY OR PUBLIC BENEFIT
CORPORATION, A COUNTY, CITY, TOWN, VILLAGE, OR INDIAN TRIBE OR NATION
RESIDING WITHIN NEW YORK STATE, OR ANY COMBINATION THEREOF. MUNICIPALITY
SHALL ALSO INCLUDE STATE AGENCIES, STATE PUBLIC AUTHORITIES AND STATE
PUBLIC BENEFIT CORPORATIONS. THE TERM MUNICIPALITY SHALL ALSO INCLUDE A
SCHOOL DISTRICT AND A SUPERVISORY DISTRICT.
7. "NOT-FOR-PROFIT CORPORATION" MEANS A CORPORATION FORMED PURSUANT
TO THE NOT-FOR-PROFIT CORPORATION LAW AND QUALIFIED FOR TAX-EXEMPT
STATUS UNDER THE FEDERAL INTERNAL REVENUE CODE.
8. "OFFICE" MEANS THE OFFICE OF PARKS, RECREATION AND HISTORIC PRESER-
VATION.
9. "STATE ASSISTANCE PAYMENT" MEANS THE PAYMENT OF MONIES BY THE STATE
FOR PROJECTS AUTHORIZED BY THE STATE HERITAGE INFRASTRUCTURE AND CAPACI-
TY BUILDING FUND, TO PRESERVE, ENHANCE, RESTORE AND IMPROVE THE QUALITY
OF THE STATE'S HERITAGE RESOURCES INCLUDING STATE DESIGNATED HERITAGE
AREAS.
10. "FUND" SHALL MEAN THE STATE HERITAGE INFRASTRUCTURE AND CAPACITY
BUILDING FUND ESTABLISHED PURSUANT TO SECTION EIGHTY-THREE-A OF THE
STATE FINANCE LAW.
11. "ASSOCIATION" MEANS THE NOT-FOR-PROFIT HERITAGE AREA ASSOCIATION
OF NEW YORK, INC.
S 38.03 POWERS AND DUTIES OF THE COMMISSIONER. IN ADMINISTERING THE
PROVISIONS OF THIS ARTICLE THE COMMISSIONER:
1. SHALL MAKE AN ITEMIZED ESTIMATE OF FUNDS OR APPROPRIATIONS
REQUESTED ANNUALLY FOR INCLUSION IN THE EXECUTIVE BUDGET;
2. MAY, IN THE NAME OF THE STATE, AS FURTHER PROVIDED WITHIN THIS
ARTICLE, CONTRACT TO MAKE, WITHIN THE LIMITATIONS OF APPROPRIATIONS
AVAILABLE THEREFOR, STATE ASSISTANCE PAYMENTS TO A MUNICIPALITY TOWARD
THE COST OF A PROJECT APPROVED AND TO BE UNDERTAKEN PURSUANT TO THIS
ARTICLE, OR TO A NOT-FOR-PROFIT CORPORATION TOWARD THE COSTS OF A
PROJECT APPROVED AND TO BE UNDERTAKEN PURSUANT TO THIS ARTICLE. SUCH
CONTRACTS SHALL BE SUBJECT TO APPROVAL BY THE STATE COMPTROLLER AND, AS
TO FORM, BY THE ATTORNEY GENERAL;
3. MAY IN THE NAME OF THE STATE, ENTER INTO CONTRACTS, WITHIN THE
LIMITATIONS OF APPROPRIATIONS AVAILABLE THEREFOR, WITH NOT-FOR-PROFIT
CORPORATIONS, PUBLIC BENEFIT CORPORATIONS, AND PRIVATE CONTRACTORS FOR
SERVICES CONTEMPLATED BY THIS ARTICLE TO BE FUNDED HEREUNDER. SUCH
CONTRACTS SHALL BE SUBJECT TO APPROVAL BY THE STATE COMPTROLLER AND, AS
TO FORM, BY THE ATTORNEY GENERAL;
4. SHALL APPROVE VOUCHERS FOR THE PAYMENTS PURSUANT TO AN APPROVED
CONTRACT. ALL SUCH PAYMENTS SHALL BE PAID ON THE AUDIT AND WARRANT OF
THE STATE COMPTROLLER;
5. SHALL PROVIDE IN ALL CONTRACTS FOR SERVICES FOR WHICH AN ADMISSION
FEE OR OTHER CHARGE TO THE PUBLIC WILL BE ASSESSED THAT A DISCOUNT IN
THE AMOUNT OF FIVE PERCENT WILL BE OFFERED TO MEMBERS OF THE PUBLIC
POSSESSING A CARD FROM THE DEPARTMENT OF MOTOR VEHICLES VERIFYING THEIR
PAYMENT OF THE SURCHARGE ASSESSMENT PURSUANT TO THIS ARTICLE; AND
6. MAY PERFORM SUCH OTHER AND FURTHER ACTS AS MAY BE NECESSARY, PROPER
OR DESIRABLE TO CARRY OUT THE PROVISIONS OF THIS ARTICLE.
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S 38.05 POWERS AND DUTIES OF A MUNICIPALITY. A MUNICIPALITY SHALL HAVE
THE POWER AND AUTHORITY TO:
1. UNDERTAKE AND CARRY OUT ANY PROJECT FOR WHICH STATE ASSISTANCE
PAYMENTS PURSUANT TO CONTRACT ARE RECEIVED OR ARE TO BE RECEIVED PURSU-
ANT TO THIS ARTICLE AND MAINTAIN AND OPERATE SUCH PROJECT;
2. EXPEND MONEY RECEIVED FROM THE STATE PURSUANT TO THIS ARTICLE AND
SECTION EIGHTY-THREE-A OF THE STATE FINANCE LAW FOR COSTS INCURRED IN
CONJUNCTION WITH THE APPROVED PROJECT; AND
3. PERFORM SUCH OTHER AND FURTHER ACTS AS MAY BE NECESSARY, PROPER OR
DESIRABLE TO CARRY OUT A PROJECT OR OBLIGATION, DUTY OR FUNCTION RELATED
THERETO.
S 38.07 AUTHORIZED EXPENDITURES. THE MONEYS IN THE STATE HERITAGE
INFRASTRUCTURE AND CAPACITY BUILDING FUND ESTABLISHED PURSUANT TO
SECTION EIGHTY-THREE-A OF THE STATE FINANCE LAW SHALL BE AVAILABLE FOR
PAYMENT OF COSTS AND EXPENDITURES FOR THE FOLLOWING PURPOSES:
1. THE OPERATION AND ACTIVITIES OF THE HUDSON-FULTON-CHAMPLAIN QUADRI-
CENTENNIAL COMMISSION PURSUANT TO CHAPTER FIVE HUNDRED NINETY OF THE
LAWS OF TWO THOUSAND ONE AND CONSISTENT WITH THE COMMISSION'S BUSINESS
PLAN;
2. THE OPERATION AND ACTIVITIES OF THE FRENCH AND INDIAN WAR 250TH
ANNIVERSARY COMMEMORATION COMMISSION PURSUANT TO CHAPTER SEVEN HUNDRED
SEVEN OF THE LAWS OF TWO THOUSAND FOUR AND CONSISTENT WITH THE COMMIS-
SION'S BUSINESS PLAN;
3. GRANTS TO STATE DESIGNATED HERITAGE AREAS, AS SET FORTH IN ARTICLE
THIRTY-FIVE OF THIS TITLE, FOR CAPACITY BUILDING INCLUDING EDUCATION,
PLANNING AND PROGRAM STAFF AND INFRASTRUCTURE INCLUDING NEW AND REFUR-
BISHING OF EXISTING VISITOR FACILITIES AND OTHER HERITAGE FACILITIES.
GRANTS PURSUANT TO THIS SUBDIVISION SHALL NOT BE LESS THAN THIRTY-FIVE
PERCENT OF THE TOTAL FUNDS ALLOCATED FROM THE FUND EACH YEAR AND SHALL
BE CONSISTENT WITH THE ANNUAL RECOMMENDATIONS TO THE COMMISSIONER FROM
THE ASSOCIATION. SUCH RECOMMENDATIONS SHALL INCLUDE TYPES OF HERITAGE
INFRASTRUCTURE AND CAPACITY BUILDING PROJECTS AND/OR SUCH SPECIFICS FOR
EACH HERITAGE AREA AND SHALL BE CONSISTENT WITH A STATE HERITAGE AREA
BUSINESS PLAN PREPARED OR CAUSED TO BE PREPARED BY THE ASSOCIATION; AND
4. GRANTS TO MUNICIPALITIES AND NOT-FOR-PROFIT HERITAGE ORGANIZATIONS
FOR HISTORIC PRESERVATION AND NATURAL AREA PROTECTION AND MANAGEMENT
GRANTS RELATING TO THE HUDSON-FULTON-CHAMPLAIN COMMEMORATIONS, THE STATE
HERITAGE AREA SYSTEM, THE FRENCH AND INDIAN WAR, THE AMERICAN REVOLU-
TIONARY WAR AND SUCH OTHER HERITAGE PROJECTS LIKE THE UNDERGROUND RAIL-
ROAD AS THE COMMISSIONER SHALL IDENTIFY THROUGH PROMULGATION OF RULES
AND REGULATIONS.
S 3. The state finance law is amended by adding a new section 83-a to
read as follows:
S 83-A. STATE HERITAGE INFRASTRUCTURE AND CAPACITY BUILDING FUND. 1.
THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMP-
TROLLER AND THE COMMISSIONER OF TAXATION AND FINANCE A SPECIAL FUND TO
BE KNOWN AS THE STATE HERITAGE INFRASTRUCTURE AND CAPACITY BUILDING FUND
(HEREINAFTER TO BE REFERRED TO AS "THE FUND"). THE MONEYS IN SUCH FUND
SHALL BE AVAILABLE FOR PAYMENT OF COSTS AND EXPENDITURES PURSUANT TO
ARTICLE THIRTY-EIGHT OF THE PARKS, RECREATION AND HISTORIC PRESERVATION
LAW.
2. MONEYS IN THE FUND SHALL BE KEPT SEPARATELY FROM AND SHALL NOT BE
COMMINGLED WITH ANY OTHER MONEYS IN THE JOINT OR SOLE CUSTODY OF THE
STATE COMPTROLLER OR THE COMMISSIONER OF PARKS, RECREATION AND HISTORIC
PRESERVATION.
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3. THE FUND SHALL CONSIST OF THE REVENUES REQUIRED TO BE DEPOSITED
THEREIN PURSUANT TO THE PROVISIONS OF PARAGRAPH H OF SUBDIVISION SIX OF
SECTION FOUR HUNDRED ONE OF THE VEHICLE AND TRAFFIC LAW, AND ALL OTHER
MONEYS CREDITED OR TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE
PURSUANT TO LAW.
4. THE GOVERNOR SHALL INCLUDE A SPECIFIC LINE APPROPRIATION IN THE
CAPITAL PROJECTS BUDGET DESCRIBING OPERATIONS AND PROJECTS PROPOSED TO
BE UNDERTAKEN BY THE HUDSON-FULTON-CHAMPLAIN QUADRICENTENNIAL COMMISSION
AND/OR THE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION PURSU-
ANT TO THIS SECTION. MONEYS FROM THE FUND SHALL BE AVAILABLE, PURSUANT
TO APPROPRIATION AND UPON CERTIFICATE OF APPROVAL OF AVAILABILITY BY THE
DIRECTOR OF THE BUDGET.
S 4. Subdivision 6 of section 401 of the vehicle and traffic law is
amended by adding a new paragraph h to read as follows:
H. IN ADDITION TO THE OTHER FEES PROVIDED FOR IN THIS SECTION, THE
COMMISSIONER SHALL, UPON THE APPLICATION FOR THE REGISTRATION OF A MOTOR
VEHICLE OR THE RENEWAL THEREOF, COLLECT A SURCHARGE OF TWO DOLLARS TO BE
DEPOSITED INTO THE STATE HERITAGE INFRASTRUCTURE AND CAPACITY BUILDING
FUND ESTABLISHED IN SECTION EIGHTY-THREE-A OF THE STATE FINANCE LAW.
THE COMMISSIONER SHALL PREPARE AND MAKE AVAILABLE TO EACH PERSON PAYING
THE SURCHARGE UNDER THIS PARAGRAPH A CARD WITH THE STATE SEAL AND THE
WORDS "STATE HERITAGE FUND".
S 5. This act shall take effect immediately; provided that section
four of this act shall expire December 31, 2014 when upon such date the
provisions of such section shall be deemed repealed.