S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8689
 
                           I N  A S S E M B L Y
 
                             January 10, 2022
                                ___________
 
 Introduced  by M. of A. WOERNER -- read once and referred to the Commit-
   tee on Tourism, Parks, Arts and Sports Development
 
 AN ACT to amend a chapter of the laws of 2021 amending the parks, recre-
   ation and historic preservation law relating to establishing the  "New
   York  state  two  hundred fiftieth commemoration act" and amending the
   state finance law relating to establishing  the  New  York  state  two
   hundred  fiftieth commemoration commission fund, as proposed in legis-
   lative bills numbers S. 4410-C and A. 4742-B, in  relation  to  estab-
   lishing a commission to make recommendations for planning and develop-
   ment  for  the  commemoration of the 250th anniversary of the American
   Revolution in New York state to take place in  coordination  with  the
   national  celebration;    to  amend the parks, recreation and historic
   preservation law, in relation to establishing the "New York state  two
   hundred  fiftieth  commemoration  act"; and to amend the state finance
   law, in relation to establishing the New York state two hundred fifti-
   eth commemoration commission fund
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  2  of a chapter of the laws of 2021 amending the
 parks, recreation and historic preservation law relating to establishing
 the "New York state two hundred fiftieth commemoration act" and amending
 the state finance law relating to establishing the New  York  state  two
 hundred  fiftieth commemoration commission fund, as proposed in legisla-
 tive bills numbers S. 4410-C and  A.  4742-B,  is  amended  to  read  as
 follows:
   §  2.  Legislative findings and intent. The legislature finds that New
 York played an immense role in the lead up to and execution of the Amer-
 ican Revolution during the period of 1774-1783,  and  was  the  site  of
 several  important battles, skirmishes and other events that were inter-
 nationally significant during the Revolutionary era. The American  Revo-
 lution  itself  was  imperfect and many, including women, African Ameri-
 cans, and Native Americans, did not benefit from its ideals  of  liberty
 and  freedom.  However,  the struggle to fully realize the ideals of the
 Revolution has continued over the past 250 years as is  evident  in  New
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01326-12-2
 A. 8689                             2
 
 York's  leading role in such revolutionary civil rights movements as the
 women's rights and abolitionist movements, the underground railroad, and
 the LGBTQ movement.
   The  legislature  further  finds that the Bicentennial of the American
 Revolution in 1976 drew international attention and attendance at events
 and sites across New York and the nation and had  a  lasting  impact  on
 historical  education and public history.  The legislature further finds
 that the commemoration of the 250th anniversary of  the  American  Revo-
 lution  should  also  be an occasion for recognition of New York's vital
 role in the Revolution itself as well as the ongoing struggle of  margi-
 nalized  groups  to  achieve  the ideals of the Revolution. This commem-
 oration should be statewide, involving  all  the  people  of  the  state
 through  imaginative  and innovative programs, grants, events, exhibits,
 new and expanded facilities, and marketing to engage the people  of  the
 nation and from all parts of the world.
   The legislature further finds that the 250th anniversary and the years
 proceeding it offers great opportunity to educate and inspire the people
 of the state to increase recognition and appreciation of New York's role
 in the American Revolution and subsequent civil rights struggles as well
 as  the complex nature of the state and nation's history with regards to
 the ideals of liberty and freedom.  Therefore, it is  the  intention  of
 the  legislature  to  establish a commission TO MAKE RECOMMENDATIONS for
 planning and development for the commemoration of the 250th  anniversary
 of  the  American  Revolution in New York state to take place in coordi-
 nation with the national celebration.
   § 2. Section 14.12 of the parks, recreation and historic  preservation
 law,  as  added  by  a  chapter  of the laws of 2021 amending the parks,
 recreation and historic preservation law relating  to  establishing  the
 "New York state two hundred fiftieth commemoration act" and amending the
 state  finance  law  relating  to  establishing  the  New York state two
 hundred fiftieth commemoration commission fund, as proposed in  legisla-
 tive  bills  numbers  S.  4410-C  and  A.  4742-B, is amended to read as
 follows:
   § 14.12 New York state two hundred fiftieth commemoration  commission.
 1. As used in this section, the following terms shall mean and include:
   (a) "Commission" means the New York state two hundred fiftieth commem-
 oration commission created by subdivision two of this section.
   (b) "Heritage organization" means a historic site, historical society,
 battlefield,   historic  park,  history-based  museum,  friends  groups,
 library, archive, academic institute, historical  anniversary  organiza-
 tion,  historical  awareness  group  or  Native American cultural center
 whose mission is to preserve  and  promote  the  history  of  a  locale,
 region, people, or the entirety of the state.
   2. (a) The office shall create the New York state two hundred fiftieth
 commemoration  commission. From the effective date of this section until
 December thirty-first, two thousand thirty-three, such commission  shall
 develop[,  plan,]  PLANS TO promote and coordinate activities to commem-
 orate the two hundred fiftieth anniversary of the  American  Revolution.
 Such [activities shall] PLANS MAY include [but not be limited to]:
   (i)  [making] INCLUDING heritage organizations AS the focal points for
 the commemoration;
   (ii) coordinating forums across the  state  to  seek  ideas  from  the
 public  on  the  commemoration  including how New Yorkers, Americans and
 those from other countries may celebrate such anniversary;
 A. 8689                             3
 
   (iii) coordinating ACTIVITIES with  civic,  educational  and  heritage
 organizations to develop public interest and involvement in the planning
 and development of the commemoration;
   (iv)  promoting  and  encouraging  educational outreach programs using
 media and technology  including  electronic  communications  to  achieve
 national and international impact;
   (v)  coordinating  the planning of commemorative events for all inter-
 ested communities throughout the state;
   (vi) inviting other interested states and nations  to  participate  in
 programs and events for the commemoration;
   (vii) coordinating and promoting the holding of meetings, conferences,
 seminars  and  conventions in interested communities using such anniver-
 sary as an attraction and theme;
   (viii) coordinating and promoting the holding of community  engagement
 and  educational events in interested communities using such anniversary
 as an attraction and theme;
   (ix) seeking funding from private individuals, foundations and  corpo-
 rations  to  support capital improvements, preservation and conservation
 needs associated with events and sites commemorating such anniversary;
   (x) coordinating and  cooperating  with  state  entities  and  tourist
 promotion  agencies, as defined in article five-A of the economic devel-
 opment law;
   (xi) coordinating and cooperating with local, state and federal  enti-
 ties including those relating to heritage area promotion and any federal
 commission  created  to  participate in planning and development of such
 anniversary observance; and
   (xii) setting goals and benchmarks for the work of the commission.
   (b) The commission [shall] MAY coordinate and consult with  the    New
 York  state  military  museum  and  veterans  research  center, Saratoga
 national historical  park, Champlain Valley National  Heritage  Partner-
 ship,  Erie  Canalway  National  Heritage  Corridor,  Maurice D. Hinchey
 Hudson River Valley  National  Heritage  Area,  Niagara  Falls  National
 Heritage  Area,  Humanities New York, Association of Public Historian of
 New York State, the Preservation League  of  New  York  State,  national
 historic landmarks, national historic landmark stewardship organizations
 and any other organizations it deems necessary in the development, plan-
 ning,  promotion  and  coordination of activities to commemorate the two
 hundred fiftieth anniversary of the American Revolution.
   (c) The commission [shall] MAY coordinate and consult with each of the
 following:  the Cayuga  Nation, the Oneida Indian Nation,  the  Onondaga
 Indian  Nation, the Saint Regis Mohawk Tribe, the Seneca Nation of Indi-
 ans, the Shinnecock Indian Nation, the Stockbridge-Munsee Community Band
 of Mohican Indians, the Tonawanda Band  of  Seneca,  and  the  Tuscarora
 Nation.
   (d)  The  commission  shall  consist  of  [thirteen] TWENTY-ONE voting
 members to be appointed as follows:
   (i) the commissioner or his or her designee;
   (ii) the commissioner of the department of education  or  his  or  her
 designee;
   (iii) the president and chief executive officer of empire state devel-
 opment or his or her designee;
   (iv) [three] THE COMMISSIONER OF THE OFFICE OF GENERAL SERVICES;
   (V) THE SECRETARY OF STATE OR HIS OR HER DESIGNEE;
   (VI)  CHAIR  OF  THE NEW YORK STATE TOURISM ADVISORY COUNCIL OR HIS OR
 HER DESIGNEE;
   (VII) CHAIR OF THE COUNCIL FOR THE ARTS OR HIS OR HER DESIGNEE;
 A. 8689                             4
 
   (VIII) DIRECTOR OF THE CANAL CORPORATION OR HIS OR HER DESIGNEE;
   (IX)  FOUR    members  shall be appointed by the governor, [two] THREE
 members shall be appointed by the temporary  president  of  the  senate,
 [two]  THREE  members 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, to
 the  extent  practicable,  these  appointments shall include a represen-
 tative from each of the ten regional economic development councils; and
   [(v)] (X) the New York state historian.
   (d) To the extent practicable, such appointees shall  have  a  profes-
 sional  background in one or more of the following fields: local govern-
 ment historian, academic historian, museum professional, social  studies
 teacher  or  professor,  tourism professional, archeologist, anthropolo-
 gist, or other expertise in the field of New York state  history  and/or
 historic  preservation, OR PROFESSIONAL OR VOLUNTEER FUNDRAISING EXPERI-
 ENCE.
   (e) The commissioner and the commissioner of the department of  educa-
 tion  shall  be  co-chairpersons  of  the  commission.  Vacancies in the
 membership of the commission shall be filled in the same manner provided
 for original appointments.
   (f) A majority of the members of the  commission  shall  constitute  a
 quorum.
   (g)  The  members  of the commission shall receive no compensation for
 their services but shall be allowed their actual and necessary  expenses
 incurred in the performance of their duties.
   (h) The commission shall hold a meeting at least once each quarter.
   3. The commission shall have the power:
   (a)  to  prepare,  publish  and  disseminate information or reports to
 highlight for state agencies, local governments, and the general  public
 issues, problems, and opportunities relevant to the two hundred fiftieth
 anniversary of the American Revolution;
   (b) to assist local governments and other appropriate organizations to
 plan commemorations of the two hundred fiftieth anniversary of the Amer-
 ican Revolution, and to do this, as far as possible, through cooperation
 and through technical assistance, including planning assistance, citizen
 education and participation assistance, and assistance in preparation of
 grant applications to other entities;
   (c)  to apply for and receive funds from the federal and state govern-
 ment;
   (d) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, to SOLICIT  AND
 accept gifts for the purpose of furthering the objectives of the commis-
 sion pursuant to this section;
   (e) to conduct historical, economic and cultural studies;
   (f) to conduct education programs;
   (g)  to  assist  individuals, corporations, heritage organizations and
 other public entities on  ways  to  protect  and  promote  the  heritage
 resources of the state;
   (h) to prepare an annual report on the conduct of its activities which
 shall  be  delivered to the governor, temporary president of the senate,
 and the speaker of the assembly by January first;
   (i) to serve a coordinating role  in  utilizing  the  capabilities  of
 other  organizations to carry out the duties prescribed in this section;
 and
   (j) to exercise and perform such other powers and duties as shall have
 been or may be conferred by law.
 A. 8689                             5
 
   4. (a) The commission shall develop  a  strategic  plan,  which  shall
 [contain]  RECOMMEND  plans  for  commemorating  the state's role in the
 founding of the nation and the ensuing two hundred fifty years of histo-
 ry.
   (b)  The  strategic  plan shall be consistent with [the state historic
 preservation plan, the Erie Canalway National Heritage Corridor  preser-
 vation and management plan, the Champlain Valley National Heritage Part-
 nership  management  plan,  the  Niagara  Falls  National  Heritage Area
 management plan, the Hudson River Valley Greenway  strategic  plan,  and
 the Hudson-Hoosic Rivers Partnership stewardship plan, as such plans are
 amended] EXISTING MANAGEMENT PLANS FOR RESOURCES INCLUDED IN THE PLAN.
   (c)  Such strategic plan [shall] MAY include, but shall not be limited
 to, a survey or inventory of the following, together with the establish-
 ment of management priorities thereof: (i) historic, cultural and  other
 heritage  resources;  (ii)  scenic  resources; and (iii) educational and
 recreational resources.
   (d) [Within twelve months of the effective date of  this  section]  BY
 DECEMBER  THIRTY-FIRST,  TWO  THOUSAND  TWENTY-TWO, the commission shall
 vote to finalize [such plans] THE RECOMMENDATION CONTAINED IN THE  STRA-
 TEGIC PLAN. A copy of the strategic plan shall be provided to the gover-
 nor, the temporary president of the senate and the speaker of the assem-
 bly.
   (e)  The  commission  [shall]  MAY propose amendments to the strategic
 plan described in this subdivision as they are deemed  to  be  necessary
 and appropriate.
   5.  To  effectuate  the  purposes  of this section, the commission may
 request from any department, board, bureau, commission or  other  agency
 of  the  state, and the same are authorized to provide, such cooperation
 and assistance, services and data as will enable the commission to prop-
 erly carry out its functions pursuant to this section.
   6. In administering the provisions of this section, the commission may
 make, within the limitations of appropriations available thereof, grants
 to heritage organizations towards the costs of a project  [approved  and
 to  be undertaken pursuant to this section] RECOMMENDED IN THE PLAN. THE
 COMMISSION MAY SUBMIT LETTERS OF SUPPORT FOR GRANT APPLICATIONS  SUBMIT-
 TED BY AN ORGANIZATION FOR PROJECTS OR PROGRAMS RECOMMENDED IN THE PLAN.
   §  3.  Section 95-j of the state finance law, as added by a chapter of
 the laws of 2021 amending the parks, recreation and  historic  preserva-
 tion law relating to establishing the "New York state two hundred fifti-
 eth  commemoration  act"  and amending the state finance law relating to
 establishing the New York state  two  hundred  fiftieth    commemoration
 commission  fund, as proposed in legislative bills numbers S. 4410-C and
 A. 4742-B, is amended to read as follows:
   § 95-j. The New York state two hundred fiftieth commemoration  commis-
 sion  fund.  1.  There is hereby established in the joint custody of the
 state comptroller and the commissioner of taxation and finance a fund to
 be known as the "New  York  state  two  hundred  fiftieth  commemoration
 commission fund".
   2.  Moneys  in  such fund shall consist of all moneys appropriated for
 the purpose of such fund, donations to the New York  state  two  hundred
 fiftieth commemoration commission created by section 14.12 of the parks,
 recreation  and  historic  preservation law and all moneys appropriated,
 credited or transferred thereto from any other fund or  source  pursuant
 to  law. Any interest received by the comptroller on money on deposit in
 the fund shall be retained in and become part of the fund.
 A. 8689                             6
 
   3. Moneys within such fund shall be made available  to  the  New  York
 state two hundred fiftieth commemoration commission for payment of costs
 and expenditures for the following purposes:
   (a) no more than ten percent annually for the operation and activities
 of such commission;
   (b) no less than forty-five percent annually directed to the New  York
 state   museum   for  grants to local governments and heritage organiza-
 tions UPON RECOMMENDATION OF THE COMMISSION  for  historic  programming,
 preservation    and natural   area protection  and  management  relating
 to the New York state two hundred  fiftieth  commemorations,  and  other
 heritage    projects    like    the  under- ground   railroad,   women's
 suffrage,  and  civil  rights  sites as such commission  shall  identify
 through its strategic  plan  as described  in paragraph  (c) of subdivi-
 sion four of section 14.12 of the parks, recreation and historic preser-
 vation  law.  This  grant program shall be administered by the office of
 state history; and
   (c) no less than forty-five percent annually directed to the office of
 parks, recreation and historic preservation for capital improvements for
 the state's historic sites and programming,  preservation  and  outreach
 relating to the New York state two hundred fiftieth commemorations.
   4.  Monies  shall be payable from the fund on the audit and warrant of
 the comptroller on vouchers approved and certified by such commission.
   § 4. This act shall take effect immediately; provided,  however,  that
 sections  two  and  three of this act shall take effect on the same date
 and in the same manner as a chapter of the laws  of  2021  amending  the
 parks, recreation and historic preservation law relating to establishing
 the "New York state two hundred fiftieth commemoration act" and amending
 the  state  finance  law relating to establishing the New York state two
 hundred fiftieth commemoration commission fund, as proposed in  legisla-
 tive bills numbers S. 4410-C and A. 4742-B, takes effect.