S T A T E O F N E W Y O R K
________________________________________________________________________
4025--A
2011-2012 Regular Sessions
I N S E N A T E
March 14, 2011
___________
Introduced by Sens. MAZIARZ, RITCHIE -- read twice and ordered printed,
and when printed to be committed to the Committee on Finance --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
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.
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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08384-03-1
S. 4025--A 2
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. 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.
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 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, except that the commis-
sion shall not have the power to issue subpoenas pursuant to section
sixty-two-a of the legislative law.
S 5. The commission may request and shall receive from any subdivi-
sion, department, board, commission, office, agency, or other instrumen-
S. 4025--A 3
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.
