S T A T E O F N E W Y O R K
________________________________________________________________________
7824
2013-2014 Regular Sessions
I N A S S E M B L Y
June 5, 2013
___________
Introduced by M. of A. GIBSON -- read once and referred to the Committee
on Tourism, Parks, Arts and Sports Development
AN ACT to amend the parks, recreation and historic preservation law, in
relation to creating the "New York abolitionist and civil rights
history trail" program; and providing for the repeal of certain
provisions upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and cited as the New York aboli-
tionist and civil rights history trail program.
S 2. The parks, recreation and historic preservation law is amended by
adding a new article 42 to read as follows:
ARTICLE 42
NEW YORK ABOLITIONIST AND CIVIL RIGHTS HISTORY TRAIL PROGRAM
SECTION 42.01 LEGISLATIVE INTENT.
42.03 DEFINITIONS.
42.05 THE ABOLITIONIST AND CIVIL RIGHTS HISTORY TRAIL COMMIS-
SION.
42.07 COMMISSION PURPOSE.
42.09 MANAGEMENT PLAN.
42.11 GENERAL FUNCTIONS, POWERS AND DUTIES OF THE COMMISSIONER.
S 42.01 LEGISLATIVE INTENT. IT IS THE INTENT OF THE LEGISLATURE TO
ESTABLISH THE ABOLITIONIST AND CIVIL RIGHTS HISTORY TRAIL PROGRAM IN
ORDER TO IMPLEMENT OR CAUSE TO BE IMPLEMENTED THE CONSERVATION AND
ENHANCEMENT OF THE HISTORIC, CULTURAL, AND ECONOMIC RESOURCES OF THE
ABOLITIONIST AND CIVIL RIGHTS MOVEMENT IN NEW YORK. FURTHERMORE IT IS
THE INTENT OF THE LEGISLATURE THAT THE TRAIL IS DEVELOPED FOR AS BOTH AN
ACADEMIC RESEARCH AND TOURISM. THE LEGISLATURE RECOGNIZES THAT THERE ARE
MANY NOTABLE ABOLITIONISTS AND CIVIL RIGHTS ACTIVISTS IN THE STATE WHO
FOUGHT FOR FREEDOM FROM SLAVERY AND SEGREGATION. IT IS THEREFORE THE
INTENT OF THIS LEGISLATURE TO HAVE CREATED A PROGRAM THAT WILL SYSTEMAT-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11107-01-3
A. 7824 2
ICALLY IDENTIFY PROPERTIES AND SITES FOR INCLUSION INTO AN ABOLITIONIST
AND CIVIL RIGHTS HISTORY TRAIL. BY CREATING A TRAIL, THE STATE WILL
ENCOURAGE THE EDUCATION ABOUT AN AWARENESS OF THE IMPORTANT ROLE OF
ABOLITIONISTS AND CIVIL RIGHTS ACTIVISTS IN THE STATE AND THE NATION,
AND THEIR CONTRIBUTION TO HISTORY AS WELL AS ATTRACT VISITORS TO THE
STATE AND ENHANCE THE STATE'S TOURISM TRADE. FURTHER IT IS THE INTENT OF
THE LEGISLATURE TO ENSURE THAT THE CIVIL RIGHTS HISTORY TRAIL IS
ADEQUATELY SIGNED SO THAT TRAVELERS MAY FOLLOW THE TRAIL INDEPENDENTLY
AND WITH EASE.
S 42.03 DEFINITIONS. AS USED IN THIS ARTICLE THE FOLLOWING DEFINITIONS
SHALL APPLY:
1. "ABOLITIONIST AND CIVIL RIGHTS HISTORY TRAIL" SHALL MEAN A SERIES
OF PROPERTIES AND SITES IDENTIFIED BY THE COMMISSIONER, WHICH MAY BE
LINKED BY GEOGRAPHIC PROXIMITY AND ALIGNMENT AND THEMATIC AND HISTORICAL
ASSOCIATION WITH CIVIL RIGHTS IN GENERAL AND THE UNDERGROUND RAILROAD
SPECIFICALLY.
2. "ABOLITIONIST AND CIVIL RIGHTS HISTORY PASSPORT" SHALL MEAN A BOOK-
LET OR OTHER PUBLICATION THAT NAMES AND DESCRIBES THE PROPERTIES AND
SITES IDENTIFIED BY THE COMMISSIONER AND INCLUDED ON THE ABOLITIONIST
AND CIVIL RIGHTS HISTORY TRAIL, AND MAY INCLUDE DISCOUNTS AND OTHER
INCENTIVES RELATED TO VISITING THE PROPERTIES AND SITES ON THE TRAIL.
S 42.05 THE ABOLITIONIST AND CIVIL RIGHTS HISTORY TRAIL COMMISSION. 1.
THE ABOLITIONIST AND CIVIL RIGHTS HISTORY TRAIL COMMISSION IS HEREBY
ESTABLISHED AS A NOT-FOR-PROFIT CORPORATION.
2. THE COMMISSION SHALL BE GOVERNED BY THE NOT-FOR-PROFIT CORPORATION
LAW EXCEPT WHERE SUCH LAW CONFLICTS WITH THIS ARTICLE, IN WHICH CASE THE
PROVISIONS OF THIS ARTICLE SHALL GOVERN.
3. THE COMMISSION SHALL CONSIST OF ELEVEN VOTING MEMBERS. ELEVEN
MEMBERS SHALL BE APPOINTED AS FOLLOWS: FOUR SHALL BE APPOINTED BY THE
GOVERNOR, ONE 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 ASSEMBLY, TWO SHALL BE APPOINTED
BY THE MINORITY LEADER OF THE SENATE AND ONE SHALL BE APPOINTED BY THE
MAYOR OF THE CITY OF NEW YORK.
4. ALL APPOINTEES SHALL BE RESIDENTS OF NEW YORK STATE.
5. THE COMMISSIONER, OR HIS OR HER DESIGNEE, SHALL SERVE AS A NON-VOT-
ING EX-OFFICIO MEMBER OF THE COMMISSION.
6. APPOINTMENTS TO THE COMMISSION SHALL BE FILED WITH THE COMMISSIONER
WHO SHALL CONVENE THE FIRST MEETING OF THE COMMISSION FOLLOWING THE
FILING OF THE MAJORITY OF APPOINTMENTS. AT THE INITIAL MEETING THE
MEMBERS SHALL ELECT OFFICERS.
7. THE TERM OF OFFICE FOR APPOINTEES SHALL BE ONE YEAR. MEMBERS MAY
SERVE ON THE COMMISSION UNTIL THEY RESIGN OR ARE REPLACED. IN THE EVENT
OF A VACANCY OCCURRING OTHER THAN BY THE EXPIRATION OF A MEMBER'S TERM,
SUCH VACANCY SHALL BE FILLED FOR THE BALANCE OF THE UNEXPIRED TERM IN
THE SAME MANNER AS THE ORIGINAL APPOINTMENT.
8. A MAJORITY OF THE MEMBERS OF THE COMMISSION SHALL CONSTITUTE A
QUORUM.
9. THE MEMBERS OF THE COMMISSION SHALL RECEIVE NO COMPENSATION FOR
THEIR SERVICES, BUT SHALL BE ENTITLED TO REIMBURSEMENT FOR THEIR
EXPENSES ACTUALLY AND NECESSARILY INCURRED IN THE PERFORMANCE OF THEIR
DUTIES.
10. NOTWITHSTANDING ANY INCONSISTENT PROVISIONS OF LAW, GENERAL,
SPECIAL, OR LOCAL, NO OFFICER OR EMPLOYEE OF THE STATE OR ANY CIVIL
DIVISION THEREOF, SHALL BE DEEMED TO HAVE FORFEITED OR SHALL FORFEIT HIS
A. 7824 3
OR HER OFFICE OR EMPLOYMENT BY REASON OF HIS OR HER ACCEPTANCE OF
MEMBERSHIP ON THE COMMISSION.
11. THE COMMISSION SHALL MEET AT LEST ONCE EVERY MONTH.
12. THE COMMISSION SHALL SUNSET WHEN THE COMMISSION'S REPORT IS
SUBMITTED FOR IMPLEMENTATION AS SET FORTH IN THIS ARTICLE.
13. EVERY STATE AGENCY AND PUBLIC CORPORATION HAVING JURISDICTION OF
AND WITHIN THE TRAIL SHALL, TO THE FULLEST EXTENT PRACTICABLE, COOPERATE
AND ASSIST THE COMMISSION IN CARRYING OUT THE PROVISIONS OF THIS ARTI-
CLE.
14. EVERY LOCAL AGENCY WITH PROGRAMS RELATING TO THE TRAIL AREA MAY
OFFER ASSISTANCE TO THE COMMISSION IN CARRYING OUT THE PROVISIONS OF
THIS ARTICLE.
S 42.07 COMMISSION PURPOSE. THE PURPOSE OF THE COMMISSION IS TO UNDER-
TAKE ALL NECESSARY ACTIONS TO FACILITATE THE CREATION OF THE ABOLITION-
IST AND CIVIL RIGHTS HISTORY TRAIL IN THE STATE, COMPLETE A MANAGEMENT
PLAN TO ENSURE THE LONG-TERM PRESERVATION AND MAINTENANCE OF SUCH TRAIL
AND PROVIDED FOR THE IMPLEMENTATION AND SUSTAINABILITY OF UNDERTAKING
RECOMMENDATIONS OF THE COMPLETED MANAGEMENT PLAN.
S 42.09 MANAGEMENT PLAN. 1. NOTWITHSTANDING THE PROVISIONS OF THIS
TITLE, THE MANAGEMENT PLAN SHALL:
(A) DESIGNATE THE SPECIFIC BOUNDARIES OF THE TRAIL AS DEPICTED ON A
MAN ACCOMPANYING THE MANAGEMENT PLAN;
(B) DEVELOP A VISION, GOALS AND OBJECTIVES FOR THE TRAIL THAT FOCUSES
ON ENSURING THE EDUCATIONAL BENEFIT TO THE PUBLIC AND PROHIBITING INCOM-
PATIBLE USES WITHIN SUCH AREA;
(C) CREATE AN INVENTORY OF EXISTING LAND AND BUILDINGS UNDER THE
JURISDICTION OF THE STATE, PUBLIC CORPORATIONS AND MUNICIPALITIES;
(D) CREATE AN INVENTORY OF PRIVATELY OWNED EXISTING LAND AND BUILD-
INGS;
(E) IDENTIFY OTHER LAND AND BUILDINGS THAT CAN CONTRIBUTE TO THE
PURPOSES OF THE TRAIL;
(F) RECOMMEND HOW THE TRAIL COULD BE LINKED TO OTHER HISTORIC AMEN-
ITIES AND COMMERCIAL ASSETS THROUGHOUT THE STATE AND DESCRIBE THE TECH-
NIQUES OR MEANS OF PRESERVATION AND PROTECTION OF HISTORIC AND CULTURAL
RESOURCES WITHIN THE TRAIL AREA;
(G) EVALUATE HOW ECONOMIC DEVELOPMENT ACTIVITIES IN PROXIMITY TO THE
TRAIL CAN SUPPORT, COMPLEMENT AND SUSTAIN THE DEVELOPMENT OF THE TRAIL
AREA;
(H) DESCRIBE THE ORGANIZATION STRUCTURE TO BE UTILIZED FOR LONG RANGE
PLANNING, DEVELOPMENT AND MANAGEMENT OF THE TRAIL FOR A MINIMUM OF TEN
YEARS, INCLUDING THE RESPONSIBILITIES AND INTERRELATIONSHIPS OF LOCAL,
REGIONAL AND STATE AGENCIES IN THE MANAGEMENT PROCESS AND A PROGRAM TO
PROVIDE MAXIMUM FEASIBLE PRIVATE PARTICIPATION IN THE IMPLEMENTATION OF
THE MANAGEMENT PLAN;
(I) INCLUDE A PLAN FOR THE DEVELOPMENT OF THE AREA AS AN ACADEMIC
DESTINATION, WHICH CAN PROVIDE OPPORTUNITIES FOR EDUCATIONAL PROGRAMS,
INCLUDING ADVANCED SCHOLARLY RESEARCH FOR STUDENTS OF ALL EDUCATIONAL
BACKGROUNDS. SUCH PLAN MAY INCLUDE, BUT NOT BE LIMITED TO, ACADEMIC
SYMPOSIA, LECTURES, ARCHIVES COLLECTIONS, LIBRARY COLLECTIONS AND A
MUSEUM;
(J) INCLUDE A MARKETING PLAN, WHICH INCLUDES MEASURES TO TARGET NICHE
MARKET TRAVELERS AND SCHOLARS. SUCH PLAN MUST INCLUDE SUPPORTING
EVIDENCE FOR TARGETING AND SHOULD CONSIDER OUT-OF-STATE MARKETING AS
ALLOWED FOR IN BUDGETING;
(K) MAKE RECOMMENDATIONS FOR THE ON-GOING OPERATION AND MAINTENANCE OF
THE TRAIL; AND
A. 7824 4
(L) INCLUDE AN ECONOMIC ASSESSMENT OF THE LONG AND SHORT TERM COSTS
AND BENEFITS RELATED TO THE ESTABLISHMENT, OPERATION AND MAINTENANCE OF
THE TRAIL, INCLUDING A COMPREHENSIVE ESTIMATE OF THE COSTS OF IMPLEMENT-
ING THE MANAGEMENT PLAN IDENTIFIED BY SOURCE OF FUNDING AND SPECIFICALLY
DELINEATING EXPECTED STATE, LOCAL, FEDERAL AND PRIVATE CONTRIBUTIONS.
2. THE DRAFT MANAGEMENT PLAN SHALL BE SUBMITTED TO THE COMMISSIONER
FOR APPROVAL NO LATER THAN JANUARY FIRST, TWO THOUSAND FOURTEEN.
3. THE COMMISSIONER MAY APPROVE THE PLAN, MAY RETURN THE PLAN TO THE
COMMISSION WITH RECOMMENDATIONS FOR APPROVAL, OR MAY REJECT THE PLAN.
4. A COPY OF THE APPROVED PLAN SHALL BE PROVIDED TO THE GOVERNOR, THE
TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY.
5. SELECTED INDIVIDUAL REQUIREMENTS OR PORTIONS THEREOF FOR THE
MANAGEMENT PLAN SUBMISSIONS MAY BE WAIVED BY THE COMMISSIONER PROVIDED
THAT PRIOR SUBMISSIONS TO THE OFFICE DURING A PREVIOUS PLANNING PROCESS
ARE JUDGED SUFFICIENT TO FULFILL THE PURPOSE OF THE MANAGEMENT PLAN.
6. APPROVAL OF THE MANAGEMENT PLAN BY THE COMMISSIONER SHALL ESTABLISH
ELIGIBILITY FOR THE RECEIPT OF ACQUISITION, DEVELOPMENT AND PROGRAMMING
ASSISTANCE FROM THE STATE HERITAGE AREA PROGRAM WITHIN THE DEFINED
HERITAGE CORRIDOR BOUNDARIES.
7. NOTHING IN THIS ARTICLE SHALL PROHIBIT THE COMMISSION FROM MAKING
APPLICATION FOR OTHER GRANT PROGRAMS OR SOURCES OF FUNDING.
S 42.11 GENERAL FUNCTIONS, POWERS AND DUTIES OF THE COMMISSIONER.
1. THE COMMISSIONER SHALL IMPLEMENT THE "ABOLITIONIST AND CIVIL RIGHTS
HISTORY TRAIL" PROGRAM BASED ON THE APPROVED PLAN OF THE COMMISSION.
SUCH PROGRAM SHALL PROMOTE EDUCATION AND AWARENESS OF THE STRUGGLE OF
ABOLITIONISTS AND CIVIL RIGHTS ACTIVISTS THROUGHOUT HISTORY. THE COMMIS-
SIONER, IN CONJUNCTION WITH THE COMMISSIONER OF TRANSPORTATION, AND ANY
OTHER PROPERTIES OR SITES AS IDENTIFIED BY THE COMMISSIONER AND ANY
LOCAL GOVERNMENT OFFICIAL OR ENTITY, SHALL IDENTIFY PROPERTIES AND SITES
THAT ARE HISTORICALLY AND THEMATICALLY ASSOCIATED WITH THE ABOLITIONIST
AND CIVIL RIGHTS MOVEMENT TO BE PART OF THE TRAIL.
2. THE UNVEILING OF SUCH PROGRAM SHALL BE ANNOUNCED BY THE COMMISSION-
ER ON FEBRUARY TWELFTH, TWO THOUSAND FOURTEEN WHICH IS THE ONE HUNDRED
FIFTH ANNIVERSARY OF THE NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF
COLORED PEOPLE.
3. THE TRAIL SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO, PROPERTIES
AND SITES WHICH TELL THE STORY OF THE ROUTES OF ESCAPED SLAVES FROM THE
SOUTHERN TIP OF NEW YORK TO THE BORDER OF CANADA AND THE NEW YORK CIVIL
RIGHTS MOVEMENT WHICH PEAKED IN THE NINETEEN SIXTIES. THESE PROPERTIES
AND SITES SHALL INCLUDE THE JERRY RESCUE SITE IN ONONDAGA COUNTY, THE
GERRIT SMITH ESTATE IN MADISON COUNTY, JOHN BROWN'S FARM AND GRAVESITE
IN NORTH ELBA, THE SCHOMBURG CENTER FOR RESEARCH IN BLACK CULTURE IN
HARLEM, THE VILLAGE OF WEEKSVILLE IN BROOKLYN, SANDY GROUND ON STATEN
ISLAND, AND ANY OTHER PROPERTIES OR SITES AS IDENTIFIED BY THE COMMIS-
SIONER.
4. THE COMMISSIONER SHALL MAKE RECOMMENDATIONS TO THE COMMISSION
REGARDING THE TRAIL SO THAT IT IS RELATIVELY SIMPLE AND EASY TO FOLLOW
FOR PATRONS.
5. THE COMMISSIONER SHALL CAUSE TO PRODUCE AND DISSEMINATE APPROPRIATE
EDUCATIONAL MATERIALS REGARDING THE TRAIL ROUTE, SUCH AS HANDBOOKS,
MAPS, EXHIBITS, SIGNS, INTERPRETIVE GUIDES AND ELECTRONIC INFORMATION.
6. THE COMMISSIONER SHALL CAUSE TO BE DEVELOPED VACATION ITINERARIES
BASED ON THE TRAIL, WHICH SHALL IDENTIFY FOR VISITORS SURROUNDING
ATTRACTIONS, RESTAURANTS, FARMS, LODGING AND OTHER EXHIBITS OR PLACES OF
ENTERTAINMENT AS MAY BE A PART OF THE HISTORICAL THEME LINKING THE PROP-
ERTIES AND SITES ON THE ABOLITIONIST AND CIVIL RIGHTS HISTORY TRAIL.
A. 7824 5
7. THE COMMISSIONER SHALL WORK TO DEVELOP DISCOUNT PACKAGES FOR SUCH
ABOLITIONIST AND CIVIL RIGHTS HISTORY TRAIL, WHICH MAY INCLUDE THE
DEVELOPMENT OF AN ABOLITIONIST AND CIVIL RIGHTS HISTORY TRAIL PASSPORT.
NOTHING SHALL PRECLUDE THE COMMISSIONER FROM CONTRACTING WITH AN INDE-
PENDENT VACATION OR TRAVEL PACKAGE COMPANY TO HELP DEVELOP VACATION
PACKAGES ALONG THE TRAIL.
8. THE COMMISSIONER OF TRANSPORTATION SHALL COOPERATE WITH THE OFFICE
IN CARRYING OUT THE PROVISIONS OF THIS SECTION. THE COMMISSIONER OF
TRANSPORTATION IS AUTHORIZED TO PERMIT THE INSTALLATION AND MAINTENANCE
OF SIGNS ON THE STATE HIGHWAY SYSTEM FOR TRAILS DESIGNATED PURSUANT TO
THIS SECTION. HOWEVER, TO AVOID CONFUSION AND TO LIMIT ANY POSSIBLE
DISRUPTION OF COMMERCE, THE TRAIL DESIGNATION CALLED FOR PURSUANT TO
THIS SECTION SHALL BE OF A CEREMONIAL NATURE AND THE OFFICIAL NAMES OF
SUCH HIGHWAYS SHALL NOT BE CHANGED AS A RESULT OF SUCH DESIGNATIONS.
S 3. This act shall take effect immediately; provided that section
42.05 of the parks, recreation and historic preservation law as added by
section two of this act regarding the establishment of the commission
shall expire and be deemed repealed February 11, 2014.