Bill Text: NY S06445 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to the Amistad commission; moves it from the department of state to the state education department.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2019-06-17 - referred to tourism, parks, arts and sports development [S06445 Detail]

Download: New_York-2019-S06445-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          6445

                               2019-2020 Regular Sessions

                    IN SENATE

                                      June 11, 2019
                                       ___________

        Introduced  by  Sen. JACKSON -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        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:

     1    Section 1. Section 57.52 of the arts  and  cultural  affairs  law,  as
     2  added by chapter 404 of the laws of 2005, is amended to read as follows:
     3    §  57.52.  Amistad  commission; established. 1. The Amistad commission
     4  (commission), so named in honor of the group of enslaved Africans led by
     5  Joseph Cinque who, while being transported in eighteen  hundred  thirty-
     6  nine  on  a  vessel  named the Amistad, gained their freedom after over-
     7  throwing the crew and eventually having their case  successfully  argued
     8  before  the  United  States  Supreme Court, is hereby created and estab-
     9  lished. The commission shall consist of nineteen members, including  the
    10  [secretary  of  state] commissioner of education or his or her designee,
    11  the [commissioner of education] secretary of state or his or her  desig-
    12  nee,  and  the  chancellor of the state university of New York or his or
    13  her designee, serving ex officio, and  sixteen  public  members.  Public
    14  members  shall  be  appointed as follows:   four public members, no more
    15  than two of whom  shall  be  of  the  same  political  party,  shall  be
    16  appointed by the temporary president of the senate; four public members,
    17  no  more than two of whom shall be of the same political party, shall be
    18  appointed by the speaker of the assembly; and eight public  members,  no
    19  more  than  four  of whom shall be of the same political party, shall be
    20  appointed by the governor. The appointed members shall  be  chosen  with
    21  due  regard  to  broad  ethnic  diversity  and shall have a demonstrated
    22  educational background in the history of the  African  slave  trade  and
    23  slavery  in  America  or  the  contributions of African-Americans to our
    24  society. The public members shall be residents of the state, chosen with
    25  due regard to broad geographic representation and ethnic diversity,  who

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07206-03-9

        S. 6445                             2

     1  have  an  interest in the history of the African slave trade and slavery
     2  in America and the contributions of African-Americans to our society.
     3    1-a.  Any  business  or  other  matter  undertaken or commenced by the
     4  department of state or the secretary of state pertaining to or connected
     5  with the functions, powers, obligations and  duties  of  the  commission
     6  established  pursuant  to  subdivision  one  of  this section are hereby
     7  transferred and assigned to the commissioner of education or the depart-
     8  ment of education and pending on the effective date of this section, may
     9  be conducted and completed by such commissioner or  such  department  in
    10  the  same  manner  and  under the same terms and conditions and with the
    11  same effect as if conducted and completed by the department of state  or
    12  the secretary of state.
    13    2.  Each  public  member  of  the commission shall serve for a term of
    14  three years, except that of the initial members so appointed: one member
    15  appointed by the temporary president of the senate, one member appointed
    16  by the speaker of the assembly, and two members appointed by the  gover-
    17  nor  shall  serve  for  terms  of  one year; one member appointed by the
    18  temporary president of the senate, one member appointed by  the  speaker
    19  of the assembly, and three members appointed by the governor shall serve
    20  for terms of two years; and two members appointed by the temporary pres-
    21  ident  of the senate, two members appointed by the speaker of the assem-
    22  bly, and three members appointed by the governor shall serve  for  terms
    23  of three years. Public members shall be eligible for reappointment. They
    24  shall  serve until their successors are appointed and qualified, and the
    25  term of the successor of any incumbent  shall  be  calculated  from  the
    26  expiration of the term of that incumbent. A vacancy occurring other than
    27  by expiration of term shall be filled within forty-five days in the same
    28  manner  as the original appointment but for the unexpired term only.  If
    29  such vacancy is not filled within forty five days, the vacancy shall  be
    30  filled  within  thirty days by the commissioner of education but for the
    31  unexpired term only.
    32    3. The members of the commission shall serve without compensation  but
    33  shall  be  entitled to reimbursement for all necessary expenses incurred
    34  in the performance of their duties.
    35    4. The [secretary of state] commissioner of education, or his  or  her
    36  designee,  shall  serve as the chair and the [commissioner of education]
    37  secretary of state, or his or her designee, shall  serve  as  the  vice-
    38  chair  of  the  commission. The presence of a majority of the authorized
    39  membership of the commission shall be required for the conduct of  offi-
    40  cial business.
    41    5.  The department of education shall provide technical assistance and
    42  data to the commission as may be necessary for the commission  to  carry
    43  out  its  responsibilities pursuant to this article. The commissioner of
    44  education or his or her designee shall be  responsible  for  hiring  the
    45  staff  of  the  commission  and  shall  serve  as the liason between the
    46  commission and the department of education. The commissioner  of  educa-
    47  tion  may  designate employees of the department of education to provide
    48  support and services to the commission as are reasonably necessary.
    49    § 2. Subdivisions 2 and 3 of section 57.53 of the  arts  and  cultural
    50  affairs law, as added by chapter 404 of the laws of 2005, are amended to
    51  read as follows:
    52    2.  to  compile  a  roster of individual volunteers who are willing to
    53  share their knowledge and experience in classrooms, seminars  and  work-
    54  shops  with  students  and  teachers on the subject of the African slave
    55  trade, American slavery and the impact of slavery on our society  today,
    56  and the contributions of African-Americans to our country; [and]

        S. 6445                             3

     1    3.  to  increase  awareness  and encourage school districts to utilize
     2  curricula on African-American history by:
     3    (a)  establishing  and  administering  a program to publicly recognize
     4  schools that do an outstanding job  teaching  subjects  related  to  the
     5  African-American  experience  through a designation of special status or
     6  other award as determined by the commission; and
     7    (b) offering grants to individual teachers who  demonstrate  exemplary
     8  practices  teaching subjects related to the African-American experience,
     9  as determined by the commission, and the commission  shall  catalog  and
    10  publicize such practices for use by other teachers; and
    11    4.  to  prepare reports for the governor and the legislature regarding
    12  its findings and recommendations on facilitating the  inclusion  of  the
    13  African  slave trade, American slavery studies, African-American history
    14  and special programs in the educational system of the state.
    15    § 3. This act shall take effect immediately.
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