Moves the Amistad Commission from the department of state to the state education department, the official text

S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3161
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2025
                                ___________
 
 Introduced  by  Sens.  JACKSON, CLEARE, HINCHEY, LIU, MAY, 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]  THEIR
 designee,  the [commissioner of education] SECRETARY OF STATE or [his or
 her] THEIR designee, and the chancellor of the state university  of  New
 York  or  [his  or  her] THEIR 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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03275-02-5
 S. 3161                             2
 
 chosen  with  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]
 THEIR designee, shall serve as the chair and the [commissioner of educa-
 tion] SECRETARY OF STATE, or [his or her] THEIR 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 official 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 THEIR DESIGNEE SHALL BE RESPONSIBLE FOR HIRING THE STAFF OF
 THE COMMISSION AND SHALL SERVE AS THE LIAISON BETWEEN THE COMMISSION AND
 THE DEPARTMENT OF EDUCATION. THE COMMISSIONER OF EDUCATION 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. 3161                             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.