S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6445
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               June 11, 2019
                                ___________
 
 Introduced  by  Sen. JACKSON -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the arts and cultural affairs law, in  relation  to  the
   Amistad Commission
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 57.52 of the arts  and  cultural  affairs  law,  as
 added by chapter 404 of the laws of 2005, is amended to read as follows:
   §  57.52.  Amistad  commission; established. 1. The Amistad commission
 (commission), so named in honor of the group of enslaved Africans led by
 Joseph Cinque who, while being transported in eighteen  hundred  thirty-
 nine  on  a  vessel  named the Amistad, gained their freedom after over-
 throwing the crew and eventually having their case  successfully  argued
 before  the  United  States  Supreme Court, is hereby created and estab-
 lished. The commission shall consist of nineteen members, including  the
 [secretary  of  state] COMMISSIONER OF EDUCATION or his or her designee,
 the [commissioner of education] SECRETARY OF STATE or his or her  desig-
 nee,  and  the  chancellor of the state university of New York or his or
 her designee, serving ex officio, and  sixteen  public  members.  Public
 members  shall  be  appointed as follows:   four public members, no more
 than two of whom  shall  be  of  the  same  political  party,  shall  be
 appointed by the temporary president of the senate; four public members,
 no  more than two of whom shall be of the same political party, shall be
 appointed by the speaker of the assembly; and eight public  members,  no
 more  than  four  of whom shall be of the same political party, shall be
 appointed by the governor. THE APPOINTED MEMBERS SHALL  BE  CHOSEN  WITH
 DUE  REGARD  TO  BROAD  ETHNIC  DIVERSITY  AND SHALL HAVE A DEMONSTRATED
 EDUCATIONAL BACKGROUND IN THE HISTORY OF THE  AFRICAN  SLAVE  TRADE  AND
 SLAVERY  IN  AMERICA  OR  THE  CONTRIBUTIONS OF AFRICAN-AMERICANS TO OUR
 SOCIETY. The public members shall be residents of the state, chosen with
 due regard to broad geographic representation and ethnic diversity,  who
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07206-03-9

 S. 6445                             2
 
 have  an  interest in the history of the African slave trade and slavery
 in America and the contributions of African-Americans to our society.
   1-A.  ANY  BUSINESS  OR  OTHER  MATTER  UNDERTAKEN OR COMMENCED BY THE
 DEPARTMENT OF STATE OR THE SECRETARY OF STATE PERTAINING TO OR CONNECTED
 WITH THE FUNCTIONS, POWERS, OBLIGATIONS AND  DUTIES  OF  THE  COMMISSION
 ESTABLISHED  PURSUANT  TO  SUBDIVISION  ONE  OF  THIS SECTION ARE HEREBY
 TRANSFERRED AND ASSIGNED TO THE COMMISSIONER OF EDUCATION OR THE DEPART-
 MENT OF EDUCATION AND PENDING ON THE EFFECTIVE DATE OF THIS SECTION, MAY
 BE CONDUCTED AND COMPLETED BY SUCH COMMISSIONER OR  SUCH  DEPARTMENT  IN
 THE  SAME  MANNER  AND  UNDER THE SAME TERMS AND CONDITIONS AND WITH THE
 SAME EFFECT AS IF CONDUCTED AND COMPLETED BY THE DEPARTMENT OF STATE  OR
 THE SECRETARY OF STATE.
   2.  Each  public  member  of  the commission shall serve for a term of
 three years, except that of the initial members so appointed: one member
 appointed by the temporary president of the senate, one member appointed
 by the speaker of the assembly, and two members appointed by the  gover-
 nor  shall  serve  for  terms  of  one year; one member appointed by the
 temporary president of the senate, one member appointed by  the  speaker
 of the assembly, and three members appointed by the governor shall serve
 for terms of two years; and two members appointed by the temporary pres-
 ident  of the senate, two members appointed by the speaker of the assem-
 bly, and three members appointed by the governor shall serve  for  terms
 of three years. Public members shall be eligible for reappointment. They
 shall  serve until their successors are appointed and qualified, and the
 term of the successor of any incumbent  shall  be  calculated  from  the
 expiration of the term of that incumbent. A vacancy occurring other than
 by expiration of term shall be filled WITHIN FORTY-FIVE DAYS in the same
 manner  as the original appointment but for the unexpired term only.  IF
 SUCH VACANCY IS NOT FILLED WITHIN FORTY FIVE DAYS, THE VACANCY SHALL  BE
 FILLED  WITHIN  THIRTY DAYS BY THE COMMISSIONER OF EDUCATION BUT FOR THE
 UNEXPIRED TERM ONLY.
   3. The members of the commission shall serve without compensation  but
 shall  be  entitled to reimbursement for all necessary expenses incurred
 in the performance of their duties.
   4. The [secretary of state] COMMISSIONER OF EDUCATION, or his  or  her
 designee,  shall  serve as the chair and the [commissioner of education]
 SECRETARY OF STATE, or his or her designee, shall  serve  as  the  vice-
 chair  of  the  commission. The presence of a majority of the authorized
 membership of the commission shall be required for the conduct of  offi-
 cial business.
   5.  The department of education shall provide technical assistance and
 data to the commission as may be necessary for the commission  to  carry
 out  its  responsibilities pursuant to this article. THE COMMISSIONER OF
 EDUCATION OR HIS OR HER DESIGNEE SHALL BE  RESPONSIBLE  FOR  HIRING  THE
 STAFF  OF  THE  COMMISSION  AND  SHALL  SERVE  AS THE LIASON BETWEEN THE
 COMMISSION AND THE DEPARTMENT OF EDUCATION. THE COMMISSIONER  OF  EDUCA-
 TION  MAY  DESIGNATE EMPLOYEES OF THE DEPARTMENT OF EDUCATION TO PROVIDE
 SUPPORT AND SERVICES TO THE COMMISSION AS ARE REASONABLY NECESSARY.
   § 2. Subdivisions 2 and 3 of section 57.53 of the  arts  and  cultural
 affairs law, as added by chapter 404 of the laws of 2005, are amended to
 read as follows:
   2.  to  compile  a  roster of individual volunteers who are willing to
 share their knowledge and experience in classrooms, seminars  and  work-
 shops  with  students  and  teachers on the subject of the African slave
 trade, American slavery and the impact of slavery on our society  today,
 and the contributions of African-Americans to our country; [and]

 S. 6445                             3
 
   3.  TO  INCREASE  AWARENESS  AND ENCOURAGE SCHOOL DISTRICTS TO UTILIZE
 CURRICULA ON AFRICAN-AMERICAN HISTORY BY:
   (A)  ESTABLISHING  AND  ADMINISTERING  A PROGRAM TO PUBLICLY RECOGNIZE
 SCHOOLS THAT DO AN OUTSTANDING JOB  TEACHING  SUBJECTS  RELATED  TO  THE
 AFRICAN-AMERICAN  EXPERIENCE  THROUGH A DESIGNATION OF SPECIAL STATUS OR
 OTHER AWARD AS DETERMINED BY THE COMMISSION; AND
   (B) OFFERING GRANTS TO INDIVIDUAL TEACHERS WHO  DEMONSTRATE  EXEMPLARY
 PRACTICES  TEACHING SUBJECTS RELATED TO THE AFRICAN-AMERICAN EXPERIENCE,
 AS DETERMINED BY THE COMMISSION, AND THE COMMISSION  SHALL  CATALOG  AND
 PUBLICIZE SUCH PRACTICES FOR USE BY OTHER TEACHERS; AND
   4.  to  prepare reports for the governor and the legislature regarding
 its findings and recommendations on facilitating the  inclusion  of  the
 African  slave trade, American slavery studies, African-American history
 and special programs in the educational system of the state.
   § 3. This act shall take effect immediately.