N.Y. Arts and Cultural Affairs Law § 57.52: Amistad commission; established

§ 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

overthrowing the crew and eventually having their case successfully

argued before the United States Supreme Court, is hereby created and

established. The commission shall consist of nineteen members, including

the commissioner of education or their designee, the secretary of state

or their designee, and the chancellor of the state university of New

York or 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, 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

department 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

governor 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

president of the senate, two members appointed by the speaker of the

assembly, 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 commissioner of education, or their designee, shall serve as

the chair and the secretary of state, or 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.