Creates the "New York state civil war 150th anniversary commemoration commission" to plan and execute an organized series of reenactment tourism events.
TITLE OF BILL: An act to create a temporary New York state civil war 150th anniversary commemoration commission; and providing for the repeal of such provisions
PURPOSE OR GENERAL IDEA OF BILL: To establish a New York state civil war 150th anniversary commemoration commission to promote the 150th anniversary of the American civil war which will take place between the years 2011 and 2015.
SUMMARY OF SPECIFIC PROVISIONS: Section 1: Legislative findings that the creation of a commemoration commissions is necessary to coordinate and facilitate such an event.
Section 2: Creates and defines the commission, which will consist of 14 members. One member will be the commissioner of the department of parks, recreation and historic preservation (or their assigned representative); the commissioner of the department of education (or their assigned representative); the commissioner of the department of economic development (or their assigned representative); three people appointed by the governor; three people appointed by the temporary president of the senate; three people appointed by the speaker of the assembly; one person appointed by the senate minority leader; and one person appointed by the assembly minority leader. Members of the commission won't be compensated for their service, but will be reimbursed for actual and necessary expenses incurred in the performance of their duties.
Section 3: Lays out the powers and duties of the commission. These powers include (a) coordinating the commemoration; (b) planning and executing civil war reenactment tourism events; (c) promoting civil war educational studies in K-12 public schools; and (d) designing medallions to be issued exclusively to the re-enactors participating in the commemoration events.
Section 4: Provides that the commission may employ personnel as it deems necessary; may hold public or private hearings; and shall have all the Dowers of legislative committee.
Section 5: Provides that the commission may request assistance and data as it deems necessary for the proper execution of its powers and duties from the state or any subdivision thereof.
Section 6: Provides that the commission may enter agreements and do and perform any acts that may be necessary, desirable, or proper to carry out the purposes and objectives of the act.
Section 7: Provides an expiration date of December 31, 2015, at which point this act will be repealed and the commission will cease to exist.
Section 8: Effective date
JUSTIFICATION: The 150th anniversary of the civil war is an important milestone for our state and nation. The commemoration of this milestone is a time to reflect on and celebrate the brave men and women who lost their lives fighting for the American ideals of life, liberty, and pursuit of happiness for all. The commission this bill would establish will allow New York to organize commemorative events, educate our schoolchildren, and encourage tourism from around the country and the world.
PRIOR LEGISLATIVE HISTORY: 2009/10: A.8157-A/S.4377-A - Passed Assembly
FISCAL IMPLICATIONS: To be determined.
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK ________________________________________________________________________ 197--A 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________Introduced by Sen. MAZIARZ -- read twice and ordered printed, and when printed to be committed to the Committee on Cultural Affairs, Tourism, Parks and Recreation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to create a temporary New York state civil war 150th anniversary commemoration commission; and providing for the repeal of such provisions THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Legislative findings. The legislature hereby finds and declares that there is a need to create a New York state civil war 150th anniversary commemoration commission to promote the 150th anniversary of the American civil war which will take place between the years 2011 and 2015. The primary focus of the New York state civil war 150th anniver- sary commemoration commission will be to plan and execute an organized series of civil war reenactment tourism events. The legislature finds that the creation of a New York state civil war 150th anniversary commemoration commission is necessary to bring togeth- er persons qualified by experience and/or by powers vested in them by their offices to coordinate and facilitate such a multi-year event. S 2. New York state civil war 150th anniversary commemoration commis- sion; created. 1. There is hereby created a temporary state commission to be known as the "New York state civil war 150th anniversary commem- oration commission". 2. Definitions. As used in this act: a. "Commission" means the New York state civil war 150th anniversary commemoration commission created by this section. b. "Re-enactor" means a person who is a recognized member of a duly constituted reenactment organization approved by the host site and who participates in the main civil war reenactment event for the year.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01683-03-1 S. 197--A 2
3. a. The commission shall consist of 14 members to be appointed as follows: The commissioner of the department of parks, recreation and historic preservation or his or her duly designated representative, the commis- sioner of the department of education or his or her duly designated representative, the commissioner of the department of economic develop- ment or his or her duly designated representative, and 11 members of the civil war reenactment community of whom three members shall be appointed by the governor, three members shall be appointed by the temporary pres- ident of the senate, 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. The commissioner of the department of economic development or his or her duly designated representative shall serve as chairperson of the commission. The eleven appointed members shall serve at the plea- sure of the appointing official. Vacancies shall be filled in the manner provided for original appointments. b. The members of the commission shall receive no compensation for their services. c. Notwithstanding any inconsistent provision of any general, special or local law, ordinance, resolution or charter, no officer, member or employee of the state or of any public corporation shall forfeit his or her office or employment by reason of his or her acceptance of appoint- ment as a member of the commission, nor shall service as such commission member be deemed incompatible or in conflict with such office or employ- ment. d. The commission shall appoint such staff as may be necessary to carry out its duties. S 3. Powers and duties of the commission. 1. The commission shall have the following powers and duties: a. To coordinate the commemoration of the 150th anniversary of the civil war for the years 2011 through 2015; b. To plan and execute an organized series of civil war reenactment tourism events; c. To promote civil war educational studies in grades kindergarten through twelve in New York state schools; and d. To design two special "metal alloy" medallions to issue exclusively to those re-enactors who are duly authorized and who participate in the main reenactment event of each year. A medallion shall be prepared for issuance to American forces and a separate and distinct medallion shall be prepared for issuance to Confederate forces. 2. The commission shall work with forts within New York state that are planning civil war reenactment events. Each fort shall have authority over how such events are handled. S 4. The commission may employ and at pleasure remove such personnel as it may deem necessary for the performance of its functions and fix their compensation within the amounts made available by appropriation therefor. The commission may meet and hold public and/or private hear- ings within or without the state, and shall have all the powers of a legislative committee pursuant to the legislative law; except it shall not have the power to issue subpoenas pursuant to section 62-a of the legislative law. S 5. The commission may request and shall receive from any subdivi- sion, department, board, commission, office, agency, or other instrumen- tality of the state or of any political subdivision thereof such facili- ties, assistance and data as it deems necessary or desirable for theS. 197--A 3
proper execution of its powers and duties and to effectuate the purposes set forth in this act. S 6. The commission is hereby authorized and empowered to enter into any agreements and to do and perform any acts that may be necessary, desirable or proper to carry out the purposes and objectives of this act. S 7. The commission shall continue in existence until December 31, 2015, at which time it shall be deemed to be repealed. S 8. This act shall take effect immediately.