Bill Text: NY S04883 | 2013-2014 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Establishes the commission on New York state history and provides for its powers and duties.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2014-01-08 - REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION [S04883 Detail]
Download: New_York-2013-S04883-Introduced.html
Bill Title: Establishes the commission on New York state history and provides for its powers and duties.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2014-01-08 - REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION [S04883 Detail]
Download: New_York-2013-S04883-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 4883 2013-2014 Regular Sessions I N S E N A T E April 30, 2013 ___________ Introduced by Sen. SERRANO -- read twice and ordered printed, and when printed to be committed to the Committee on Cultural Affairs, Tourism, Parks and Recreation AN ACT to enact chapter 11-D of the consolidated laws, to be the cultural and heritage resources law, in relation to the preservation, enhancement and promotion of the state's cultural and heritage assets THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Legislative findings and declaration of purpose. The legis- 2 lature determines that the state's cultural and heritage assets are 3 major educational, inspirational and economic resources that should be 4 preserved, enhanced and fully promoted. The state's cultural and herit- 5 age assets are world class destinations for visitors from around the 6 world and should be promoted as such. Having the cultural and heritage 7 assets spread among several state agencies and departments has been 8 detrimental to the full utilization of these assets. Therefore, the 9 legislature finds that streamlining and combining these assets into one 10 agency will help each of the entities achieve its full mission for the 11 people of the state in a more productive manner. 12 It is important that an integration to a single coordinated state 13 office be effected at once. It is recognized that this change must be 14 progressive, but expeditious. The first step is the creation of an 15 office of cultural and heritage resources. This act presumes that addi- 16 tional well-considered steps will be taken to affect the overall 17 cultural and heritage resources program envisioned. 18 S 2. Chapter 11-D of the consolidated laws, constituting the cultural 19 and heritage resources law, is enacted to read as follows: 20 CHAPTER 11-D OF THE CONSOLIDATED LAWS 21 CULTURAL AND HERITAGE RESOURCES LAW 22 Article 1. Short title; definitions. SS 1-2 23 2. Powers, duties and jurisdiction of the office of cultural EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09721-01-3 S. 4883 2 1 and heritage resources. SS 10-17 2 3. Transfer of functions; interim functions; 3 codification. SS 20-30 4 4. Cultural and heritage resources board. S 40 5 ARTICLE 1 6 SHORT TITLE; DEFINITIONS 7 Section 1. Short title. 8 2. Definitions. 9 S 1. Short title. This chapter shall be known and may be cited as the 10 "cultural and heritage resources law". 11 S 2. Definitions. Whenever used in this chapter, unless a different 12 meaning clearly appears from the context: 13 1. "Board" means the cultural and heritage resources board. 14 2. "Director" means the director of cultural and heritage resources. 15 3. "Heritage area" means a definable urban or regional area of public 16 and private uses ranging in size from a portion of a municipality to a 17 regional area with a special coherence, such area being distinguished by 18 physical and cultural resources (natural and/or man made including 19 waterways, architecture or artifacts reflecting a period of style or 20 cultural heritage) which play a vital role in the life of the community 21 and/or region, and contribute through interpretive, educational and 22 recreational use to the public. A heritage area may include traditional 23 parks (pleasure grounds set apart for recreation of the public) and 24 historic places or property on the national or state register of histor- 25 ic places, but the term heritage area shall not be deemed to mean a park 26 or historic place as those terms are used in other provisions of law 27 including those relating to alienation of park land and regulation of 28 public or private activities. Such other provisions of law shall contin- 29 ue to apply to the specific parks and historic places within a heritage 30 area. The term heritage area shall be deemed to mean and include areas 31 that have been previously designated as urban culture parks and heritage 32 corridors or other similar names applied to areas of special concern 33 fitting the definition of heritage area in this subdivision. 34 4. "Historic preservation" means the study, designation, protection, 35 restoration, rehabilitation and use of buildings, structures, historic 36 districts, areas, and sites significant in the history, architecture, 37 archeology or culture of this state, its communities or the nation. 38 5. "Office" means the office of cultural and heritage resources. 39 6. "Person" means any individual, public or private corporation, poli- 40 tical subdivision, government agency, department or bureau of the state, 41 municipality, industry, co-partnership, association, firm, trust, estate 42 or any other legal entity whatsoever. 43 ARTICLE 2 44 POWERS, DUTIES AND JURISDICTION OF THE OFFICE OF CULTURAL AND HERITAGE 45 RESOURCES 46 Section 10. Declaration of policy. 47 11. Office of cultural and heritage resources; director 48 12. Offices of the office. 49 13. Organization of office; officers and employees. 50 14. Functions, powers and duties of office and director. 51 15. General functions, powers and duties of the office and the 52 director. 53 16. Summary action. 54 17. Statewide cultural and heritage plan. 55 S 10. Declaration of policy. The protection and quality of the state's 56 natural and cultural resources is fundamental to our concern for the S. 4883 3 1 quality of life. It is hereby declared to be the policy of this state to 2 conserve, improve, beneficially use and protect its cultural and herit- 3 age resources, in order to enhance the health, safety and welfare of the 4 people of the state and their overall economic and social well being. 5 It shall further be the policy of the state to improve and coordinate 6 the cultural and heritage plans, functions, powers and programs of the 7 state, in cooperation with the federal government, regions, local 8 governments, other public and private organizations and the concerned 9 individual, and to develop and manage the basic cultural and heritage 10 resources to the end that the state may fulfill its responsibility as 11 trustee of our cultural and heritage resources for the present and 12 future generations. It shall further be the policy of the state to 13 foster, promote, create and maintain conditions under which man and 14 nature can thrive in harmony with each other, and achieve social, 15 economic and technological progress for present and future generations 16 by: 17 1. assuring surroundings which are healthful and aesthetically pleas- 18 ing; 19 2. guaranteeing that the widest range of beneficial uses of cultural 20 and heritage resources are attained without risk to health or safety, 21 unnecessary degradation or other undesirable or unintended consequences; 22 3. promoting patterns of development and technology which minimize 23 adverse impact on our cultural and heritage resources; 24 4. preserving the unique qualities of special resources such as state 25 historic sites, state designated heritage areas, sites on the national 26 register of historic places, paintings, sculptures, and other artistic 27 creations, museums, gardens and performing arts venues; and 28 5. providing that care is taken for cultural and heritage resources 29 that are shared with the other states of the United States and with 30 Canada in the manner of a good neighbor. 31 S 11. Office of cultural and heritage resources; director. There shall 32 be in the executive branch an office of cultural and heritage resources. 33 The head of the office shall be the director of cultural and heritage 34 resources, who shall be appointed by the governor, by and with the 35 advice and consent of the senate, and hold office at the pleasure of the 36 governor by whom he or she was appointed and until his or her successor 37 is appointed and has qualified. 38 S 12. Offices of the office. The principal office of the office shall 39 be in the county of Albany. 40 S 13. Organization of office; officers and employees. 1. The director 41 may, from time to time, create, abolish, transfer and consolidate divi- 42 sions, bureaus, field offices and other units within the office, as he 43 or she may determine necessary for the efficient operation of the 44 office, subject to the approval of the director of the budget. 45 2. The director may appoint such deputies, directors, assistants, and 46 other officers and employees as may be needed for the performance of his 47 or her duties, and may prescribe their powers and duties and fix their 48 compensation within the amounts appropriated therefor, subject to the 49 approval of the director of the budget. 50 S 14. Functions, powers and duties of office and director. It shall be 51 the responsibility of the office, in accordance with such provisions and 52 limitations as may be elsewhere set forth in law, by and through the 53 director to carry out the cultural and heritage resources policy of the 54 state set forth in section ten of this article. In so doing, the direc- 55 tor, shall have power to: S. 4883 4 1 1. coordinate and develop policies, planning and programs related to 2 the cultural and heritage resources of the state and regions thereof; 3 2. promote and coordinate management of cultural and heritage 4 resources to assure their protection, enhancement, provision, allocation 5 and balanced utilization consistent with the environmental policy of the 6 state; 7 3. assure the preservation and enhancement of natural beauty and man- 8 made scenic and cultural landscape qualities; 9 4. undertake an extensive public information and education program to 10 inform and involve other public and private organizations and groups and 11 the general public in the commitment to the principles and practices of 12 cultural and heritage resources management and develop programs for the 13 teaching by others of such principles and practices; 14 5. cooperate with the executive, legislative and planning authorities 15 of the United States, neighboring states and their municipalities, and 16 the Dominion of Canada in furtherance of the policy of this state as set 17 forth in section ten of this article; and 18 6. exercise and perform such other functions, powers and duties as 19 shall have been or may be from time to time conveyed or imposed by law, 20 including, but not limited to, all the functions, powers and duties 21 assigned and transferred to the office. 22 S 15. General functions, powers and duties of the office and the 23 director. To further assist in carrying out the policy of this state as 24 provided in this chapter, the director shall be authorized to: 25 1. with the advice and approval of the board, adopt, amend or repeal 26 standards, criteria and those rules and regulations having the force and 27 effect of standards and criteria to carry out the purposes and 28 provisions of this chapter; 29 2. enter into contracts with any person to do all things necessary or 30 convenient to carry out the functions, powers and duties of the office; 31 3. review and appraise programs and activities of state departments 32 and agencies in light of the policy set forth in section ten of this 33 article for the purpose of determining the extent to which such programs 34 and activities are contributing to the achievement of such policy and to 35 make recommendations to such departments and agencies with respect ther- 36 eto, including but not limited to, environmental guidelines for their 37 use; 38 4. consult with and cooperate with: 39 a. officials of departments and agencies of the state having duties 40 and responsibilities concerning the environment; 41 b. officials and representatives of any public benefit corporation in 42 the state; 43 c. officials and representatives of the federal government, of other 44 states and of interstate agencies on problems affecting the environment 45 of this state; persons, organizations and groups, public and private, 46 utilizing, served by, interested in or concerned with the environment in 47 the state; and 48 d. appropriate committee or committees of the legislature; 49 5. appear and participate in proceedings before any federal regulatory 50 agency involving or affecting the purposes of the office; 51 6. undertake any studies, inquiries, surveys or analyses he or she may 52 deem relevant through the personnel of the office or in cooperation with 53 any public or private agencies, including educational, civic and 54 research organizations, colleges, universities, institutes or founda- 55 tions, for the accomplishment of the purposes of the office; S. 4883 5 1 7. enter and inspect any property or premises for the purpose of 2 investigating either actual or suspected sources of pollution or contam- 3 ination or for the purpose of ascertaining compliance or noncompliance 4 with any law, rule or regulation which may be promulgated pursuant to 5 this article. Any information relating to secret processes or methods of 6 manufacture shall be kept confidential; 7 8. conduct investigations and hold hearings and compel the attendance 8 of witnesses and the production of accounts, books and documents by the 9 issuance of a subpoena; 10 9. advise and cooperate with municipal, county, regional and other 11 local agencies and officials within the state, to carry out the purposes 12 of this chapter; 13 10. act as the official agency of the state in all matters affecting 14 the purposes of the office under any federal laws, and as the official 15 agency of a county, town, city, village or authority in connection with 16 the grant or advance of any federal or other funds or credits to the 17 state or through the state to its local governing bodies for the 18 purposes of this chapter; 19 11. report from time to time to the governor and make an annual report 20 to the governor and the legislature; 21 12. formulate and execute contracts, keep accounts, record personnel 22 data, acquire real or personal property, including acquisition by 23 condemnation, appropriation, gift, grant, devise or bequest, adjust 24 claims, compile statistics and engage in research opportunities; all 25 according to the statutes or office orders and regulations in such cases 26 made and provided; and 27 13. adopt such rules, regulations and procedures as may be necessary, 28 convenient or desirable to effectuate the purposes of this chapter. 29 S 16. Summary action. Notwithstanding any inconsistent provision of 30 law, whenever the director finds, after investigation, that any person 31 is causing, engaging in or maintaining a condition or activity which, in 32 his or her judgment, presents an imminent danger to the health or 33 welfare of the people of the state or results in or is likely to result 34 in irreversible or irreparable damage to natural resources, and relates 35 to the prevention and abatement powers of the director and it therefore 36 appears to be prejudicial to the interests of the people of the state to 37 delay action until an opportunity for a hearing can be provided, the 38 director may, without prior hearing, order such person by notice, in 39 writing wherever practicable or in such other form as in the director's 40 judgment will reasonably notify such person whose practices are intended 41 to be proscribed, to discontinue, abate or alleviate such condition or 42 activity, and thereupon such person shall immediately discontinue, abate 43 or alleviate such condition or activity. As promptly as possible there- 44 after, not to exceed fifteen days, the director shall provide the person 45 an opportunity to be heard and to present proof that such condition or 46 activity does not violate the provisions of this subdivision. The direc- 47 tor shall adopt any other appropriate rules and regulations prescribing 48 the procedure to be followed in the issuance of such orders. 49 S 17. Statewide cultural and heritage plan. 1. The office shall 50 formulate and from time to time revise a statewide cultural and heritage 51 resources plan for the management and protection of the quality of the 52 cultural and heritage resources of the state, in furtherance of the 53 legislative policy and purposes expressed in this chapter. 54 2. The office shall submit such plan to the governor and to the legis- 55 lature on or before September first, two thousand fourteen, and there- 56 after shall submit periodic revisions of such plan to the governor and S. 4883 6 1 to the legislature. Such plan and such revisions shall become effective 2 upon approval by the board and the governor, and shall serve thereafter 3 as a guide to the public. 4 3. In formulating such plan and any revisions thereof, the office 5 shall: 6 a. conduct one or more public hearings; 7 b. consult with and cooperate with: 8 (i) officials of departments and agencies of the state having duties 9 and responsibilities concerning the cultural and heritage resources; 10 (ii) officials and representatives of the federal government, of 11 neighboring states and of interstate agencies on problems affecting the 12 environment of this state; 13 (iii) officials and representatives of local government in the state; 14 (iv) officials and representatives of museums, art and cultural insti- 15 tutions, industry and education; and 16 (v) persons, organizations and groups, public or private, utilizing, 17 served by, interested in or concerned with the cultural and heritage 18 resources of the state; and 19 c. request and receive from any department, division, board, bureau, 20 commission or other agency of the state or any political subdivision 21 thereof, or any public authority such assistance and data as may be 22 necessary to enable the office to carry out its responsibilities under 23 this section. 24 ARTICLE 3 25 TRANSFER OF FUNCTIONS; INTERIM FUNCTIONS; 26 CODIFICATION 27 Section 20. Transfer of functions. 28 21. Transfer of employees. 29 22. Transfer of records. 30 23. Continuity of authority. 31 24. Completion of unfinished business. 32 25. Continuance of rules and regulations. 33 26. Terms occurring in laws, contracts and other documents. 34 27. Existing rights and remedies preserved. 35 28. Pending actions and proceedings. 36 29. Transfer of appropriations. 37 30. Codification of changes. 38 S 20. Transfer of functions. All functions, powers, duties and obli- 39 gations of the education department relating to the state museum, state 40 library, state archive and state science service; of the office of 41 parks, recreation and historic preservation relating to the state 42 historic preservation including historic sites, the state heritage area 43 system; of the Historic Saratoga-Washington on the Hudson Partnership; 44 of the Hudson River Greenway; and all programs and entities in the arts 45 and cultural affairs law shall be transferred, assigned to, assumed by 46 and devolved upon the office. 47 S 21. Transfer of employees. Upon the transfer of functions to the 48 office pursuant to this chapter, provision shall be made for the trans- 49 fer to the office of such employees of the education department, office 50 of parks, recreation and historic preservation and state council of the 51 arts, and other employees who are engaged in carrying out such functions 52 as may be necessary for the exercise of the functions of the office, 53 subject to the approval of the director of the budget. Employees so 54 transferred shall be transferred without further examination or quali- 55 fication and shall retain their respective civil service classifications 56 and status. For the purpose of determining the employees holding perma- S. 4883 7 1 nent appointment in competitive class positions to be transferred, such 2 employees shall be selected in each class of positions in the order of 3 their original appointment, with due regard to the right of preference 4 in retention of disabled and nondisabled veterans. Any such employee who 5 at the time of such transfer, has a temporary or provisional appointment 6 shall be transferred subject to the same right of removal, examination 7 or termination as though such transfer had not been made. Employees 8 holding permanent appointments in competitive class positions who are 9 not transferred pursuant to this section shall have their names entered 10 upon an appropriate preferred list for reinstatement pursuant to the 11 civil service law. 12 S 22. Transfer of records. The commissioners and directors of the 13 departments, boards, commissions or other agencies, the functions, 14 powers, duties and obligations of which are transferred by this chapter, 15 shall deliver to the director all books, papers, records and property of 16 such departments, boards, commissions or other agencies, and of such 17 commissioners or directors pertaining to the functions transferred 18 pursuant to this chapter. 19 S 23. Continuity of authority. For the purpose of succession to all 20 functions, powers, duties and obligations of departments, agencies, 21 boards, commissions, and commissioners or directors thereof, transferred 22 and assigned to, devolved upon and assumed by the office pursuant to 23 this chapter, the office shall be deemed and held to constitute the 24 continuation of such departments, commissions, boards or other agencies 25 and not a different agency or authority. 26 S 24. Completion of unfinished business. Any business or other matter 27 undertaken or commenced by departments, commissions, boards or other 28 agencies, or the commissioners or directors thereof, pertaining, to or 29 connected with the functions, powers, obligations and duties transferred 30 and assigned pursuant to this chapter, and pending on the effective date 31 of this chapter, may be conducted and completed by the office in the 32 same manner and under the same terms and conditions and with the same 33 effect as if conducted and completed by such departments, commissions, 34 boards or other agencies, or commissioners and directors thereof. 35 S 25. Continuance of rules and regulations. All rules, regulations, 36 acts, determinations and decisions of departments, commissions, boards 37 or other agencies, and commissioners and directors thereof, pertaining 38 to the functions transferred and assigned by this chapter to the office 39 in force at the time of such transfer, assignment, assumption or devolu- 40 tion shall continue in force and effect as rules, regulations, acts, 41 determinations and decisions of the department of environmental conser- 42 vation until duly modified or repealed by the office. 43 S 26. Terms occurring in laws, contracts and other documents. Whenever 44 the departments, commissions, boards or other agencies, or commissioners 45 and directors thereof, the functions, powers, obligations and duties of 46 which are transferred by this chapter to the office, are referred to or 47 designated in any law, contract or document pertaining to the functions, 48 powers, obligations and duties hereby transferred and assigned, such 49 reference or designation shall be deemed to refer to the office and the 50 director as may be appropriate. 51 S 27. Existing rights and remedies preserved. No existing right or 52 remedy of any character shall be lost, impaired or affected by reason of 53 this chapter. 54 S 28. Pending actions and proceedings. No action or proceeding pending 55 at the time this chapter takes effect, brought by or against the depart- 56 ments, commissions, boards or other agencies, or commissioners and S. 4883 8 1 directors thereof, the functions, powers, obligations and duties of 2 which are transferred by this chapter to the office shall be affected by 3 any provision of this chapter, but the same may be prosecuted or 4 defended in the name of the director or office. In all such actions and 5 proceedings, the office, upon application to the court, shall be substi- 6 tuted as a party. 7 S 29. Transfer of appropriations. All appropriations or reappropri- 8 ations made to departments, commissions, boards or other agencies for 9 the functions and purposes transferred to the office by this chapter, or 10 segregated pursuant to law, to the extent of remaining unexpended or 11 unencumbered balances thereof, whether allocated or unallocated and 12 whether obligated or unobligated, are hereby transferred to and made 13 available for use and expenditure by the office subject to the approval 14 of the director of the budget for the same purposes for which originally 15 appropriated or reappropriated and shall be payable on vouchers certi- 16 fied or approved by the director on audit and warrant of the comp- 17 troller. Payments for liabilities for expenses of personal service, 18 maintenance and operation incurred by such departments, commissions, 19 boards or other agencies, in connection with the functions so trans- 20 ferred, shall also be made on vouchers or certificates approved by the 21 director on audit and warrant of the comptroller. 22 S 30. Codification of changes. The director shall prepare or cause to 23 be prepared for submission to the legislature on or before January 24 fifteenth, two thousand fifteen, a codification of the laws relating to 25 the functions, powers and duties of the office as amended, repealed or 26 modified by this chapter and other acts related thereto and such other 27 measures as may be appropriate to effectuate the purposes of this chap- 28 ter and such acts. 29 ARTICLE 4 30 CULTURAL AND HERITAGE 31 RESOURCES BOARD 32 Section 40. Cultural and heritage resources board. 33 S 40. Cultural and heritage resources board. 1. There is hereby 34 established within the office the cultural and heritage resources board 35 to consist of the director, the commissioners of education and environ- 36 mental conservation, the chairman of the state council of the arts, the 37 state librarian, the state archivist, the director of the state museum 38 and ten appointed members, of which four shall be appointed by the 39 governor, two shall be appointed by the temporary president of the 40 senate, two shall be appointed by the speaker of the assembly, one shall 41 be appointed by the minority leader of the senate, and one shall be 42 appointed by the minority leader of the assembly. Each appointed member 43 shall serve for a term of four years and shall continue until a replace- 44 ment has been appointed. The board members shall be qualified by educa- 45 tion and experience in the fields of library science, museum studies, 46 public history, archive planning and management, heritage area manage- 47 ment, architecture, arts, archeology and other related professional 48 disciplines. No member shall receive any compensation, but shall be 49 entitled to his or her actual and necessary expenses in performing the 50 duties of office. 51 2. The governor shall designate a chairman from amongst the members of 52 the board appointed by the governor, to hold office at the pleasure of 53 the governor. The board may provide for its organization and appoint 54 such other officers from amongst its members as it deems appropriate. 55 3. The director may appoint staff, upon approval of the board, to 56 assist the board in implementation of its duties. S. 4883 9 1 4. The board shall hold regular meetings not less than four times a 2 year at such times and places as it may desire, and special meetings 3 when authorized and called as prescribed by the by-laws or by the direc- 4 tor. Ex-officio members of the board may have a designated represen- 5 tative. 6 S 3. This act shall take effect on the ninetieth day after it shall 7 have become a law.