The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1032
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2023
                                ___________
 
 Introduced  by  Sens.  JACKSON, CLEARE, HINCHEY, MYRIE -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Cultural Affairs, Tourism, Parks and Recreation
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03512-01-3

 S. 1032                             2
 
 due  regard to broad geographic representation and ethnic diversity, who
 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 SUBDIVISION,
 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
 S. 1032                             3
 
 trade, American slavery and the impact of slavery on our society  today,
 and the contributions of African-Americans to our country; [and]
   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.