Assembly Bill A3939

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3939
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2023
                                ___________
 
 Introduced by M. of A. TAYLOR -- read once and referred to the Committee
   on Tourism, Parks, Arts and Sports Development
 
 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 or his or her designee, the commissioner of education
 or his or her designee, 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. TO THE EXTENT  PRACTICAL,  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 AFRI-
 CAN-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 have an interest in the  history  of  the  African
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03512-02-3
              

 A. 3939                             2
 
 slave  trade and slavery in America and the contributions of African-Am-
 ericans to our society.
   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.
   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, or his or her designee, shall serve as the
 chair and the commissioner of education, 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 official 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.
   § 2. Subdivision 3 of section 57.53 of the arts and  cultural  affairs
 law,  as added by chapter 404 of the laws of 2005, is amended to read as
 follows:
   3.  to prepare reports for the governor, THE BOARD OF REGENTS, 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.