Bill Text: NY A00242 | 2017-2018 | General Assembly | Introduced


Bill Title: Authorizes cities with a population of one hundred fifty thousand or more to impose an additional twenty-five cent fee upon the ticket price of four dollars or more for any sporting event held within such city; moneys collected shall be used for sport and recreation programs in such cities; creates a NYC sports and recreation advisory committee to determine how the money shall be spent in NYC; outside NYC the respective school boards shall administer funds.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2018-01-03 - referred to tourism, parks, arts and sports development [A00242 Detail]

Download: New_York-2017-A00242-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                           242
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                     January 5, 2017
                                       ___________
        Introduced by M. of A. PERRY, ENGLEBRIGHT -- Multi-Sponsored by -- M. of
          A.  ARROYO,  COOK,  ORTIZ,  RIVERA  --  read  once and referred to the
          Committee on Tourism, Parks, Arts and Sports Development
        AN ACT to amend the education law, in relation to creating the New  York
          schools  sports  and  recreation program and establishing the New York
          city schools sports and recreation advisory committee;  and  to  amend
          the  state  finance  law,  in  relation  to  establishing the New York
          schools sports and recreation fund
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Legislative  findings  and intent. The legislature hereby
     2  finds that participation in organized extracurricular sports and  recre-
     3  ational  programs provides students with valuable physical and emotional
     4  benefits.  Such programs are a significant and  important  aspect  of  a
     5  child's  education. The legislature further finds that such programs are
     6  underfunded and in need of  financial  support.  Therefore,  it  is  the
     7  intent  of the legislature to provide a solution to the problem of fund-
     8  ing such sports and recreational programs by establishing the  New  York
     9  city  schools  sports and recreation advisory committee and the New York
    10  schools sports and recreation fund.
    11    § 2. The education law is amended by adding a new article 10-E to read
    12  as follows:
    13                                ARTICLE 10-E
    14             THE NEW YORK SCHOOLS SPORTS AND RECREATION PROGRAM
    15  Section 500-a. The New York schools sports and recreation fee program.
    16          500-b. The New York city schools sports and recreation  advisory
    17                   committee.
    18    §  500-a.  The New York schools sports and recreation fee program.  1.
    19  Notwithstanding any other provision of law to  the  contrary,  any  city
    20  with  a  population  of  one  hundred  fifty  thousand or more is hereby
    21  authorized and empowered to adopt and amend its local laws imposing,  in
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06429-01-7

        A. 242                              2
     1  accordance  with  the provisions of this article, a twenty-five cent fee
     2  upon the ticket price of four dollars or more  for  any  sporting  event
     3  held within such city.
     4    2.  All  moneys  collected pursuant to subdivision one of this section
     5  and all increments to the principal derived from investment gain, inter-
     6  est accumulation, and other sources of income shall  only  be  deposited
     7  into  the  New York schools sports and recreation fund as established in
     8  section ninety-seven-pppp of the state finance law.
     9    3. (a) The amount of earnings and accumulated income upon the  princi-
    10  pal  of  the  fund  for  the prior fiscal year, as reported by the comp-
    11  troller on August fifteenth annually, shall be available  for  appropri-
    12  ation  to  the  New  York  city  schools  sports and recreation advisory
    13  committee or to the school board of a city imposing a sports and  recre-
    14  ation  fee  pursuant  to  subdivision  one of this section. Any funds so
    15  appropriated shall  be  expended  for  sports  and  recreation  programs
    16  authorized by the school board in such city or the New York city schools
    17  sports and recreation advisory committee in the city of New York, pursu-
    18  ant to the provisions of section five hundred-b of this article.
    19    (b)  Seventy-five  percent  of  such moneys shall be disbursed for the
    20  sports and recreational programs of public schools located  within  such
    21  city's  school  district  and twenty-five percent shall be disbursed for
    22  the sports and recreational programs of non-public schools located with-
    23  in such city. All expenditures from the fund for the  purposes  of  this
    24  section  shall  be made on the audit and warrant of the comptroller upon
    25  vouchers approved by the president of such city's board of education, or
    26  by the chancellor of the city school district in the case  of  the  city
    27  school district of the city of New York.
    28    §  500-b.  The  New  York  city schools sports and recreation advisory
    29  committee. 1. There is hereby created the New York city  schools  sports
    30  and  recreation advisory committee, to be appointed by the chancellor of
    31  the city school district of the city of New York. Such  committee  shall
    32  consist  of  eleven members who have submitted applications for appoint-
    33  ment or have been recommended for appointment  by  public  officials  or
    34  school  administrators:  five  of  whom shall be parents of a student in
    35  attendance and registered in a sports or recreation program at a  public
    36  school  located  within the city school district of the city of New York
    37  representative of each borough and chosen by such borough president, one
    38  of whom shall be a parent of a student in attendance and registered   in
    39  a sports or recreation program at a non-public school located within the
    40  city  school  district  of the city of New York, one of whom shall be an
    41  athletic director or coach from a public school located within the  city
    42  school district of the city of New York, one of whom shall be an athlet-
    43  ic  director  or  coach from a non-public school located within the city
    44  school district of the city of New York, one of whom shall be a  student
    45  in  attendance  and  registered  in  a sports or recreation program at a
    46  public school located within the city school district of the city of New
    47  York, one of whom shall be a student in attendance and registered  in  a
    48  sports  or  recreation program at a non-public school located within the
    49  city school district of the city of New York and the chancellor  of  the
    50  city  school  district  of  the city of New York or his or her represen-
    51  tative.
    52    2. Each member of the committee shall serve  a  term  of  three  years
    53  without  remuneration;  provided,  however,  that  the student represen-
    54  tatives shall serve for a term of one year and be reimbursed for his  or
    55  her  actual  travel expenses. The chancellor of the city school district

        A. 242                              3
     1  of the city of New York shall have the power to remove members and reap-
     2  point members.
     3    3.  The chancellor of the city school district of the city of New York
     4  shall name a chairperson of the committee and shall establish the  rules
     5  of operation of the committee.
     6    4.  Such  committee shall advise and make recommendations to the chan-
     7  cellor of the city school district of the city of New York as  to  which
     8  school sports and recreation programs are determined by the committee to
     9  be eligible for financial support. For the purpose of determining eligi-
    10  bility,  the  committee  shall  consider programs involving the greatest
    11  number of participants.
    12    5. The chancellor of the city school district of the city of New  York
    13  shall  establish and periodically update a list of interested volunteers
    14  and persons recommended for appointment by public  officials  or  school
    15  administrators from which appointments to such committee shall be made.
    16    6.  The chancellor of the city school district of the city of New York
    17  shall exercise due diligence to insure that such committee's composition
    18  provides equal geographic representation.
    19    § 3. The state finance law is amended by adding a new section  97-pppp
    20  to read as follows:
    21    §  97-pppp. The New York schools sports and recreation fund. 1.  There
    22  is hereby established in the joint custody of the  comptroller  and  the
    23  commissioner  of  taxation and finance an account to be known as the New
    24  York schools sports and recreation fund. Such account shall  consist  of
    25  all  fees  received  pursuant to section five hundred-a of the education
    26  law and all other monies credited or transferred thereto from any  other
    27  fund or source pursuant to law.
    28    2. Fees received from a city pursuant to section five hundred-a of the
    29  education  law  shall be kept separate from the monies received from any
    30  other city depositing money pursuant to section five  hundred-a  of  the
    31  education  law  and  shall  be credited only to the city depositing such
    32  monies.
    33    3. The comptroller shall invest and keep invested all moneys belonging
    34  to the fund in the manner authorized by  section  ninety-eight  of  this
    35  article.
    36    4. Commencing on or before August fifteenth, two thousand nineteen and
    37  on  or  before  the fifteenth day of August of each succeeding year, the
    38  comptroller shall issue a certificate of earnings and accumulated income
    39  upon the principal of such fund as of the end  of  the  preceding  state
    40  fiscal  year  to the president of the school board, or to the chancellor
    41  of the city school district of the city of New York in the case  of  the
    42  city  school  district  of  the city of New York. Such certificate shall
    43  also include a statement of accumulated  income  for  the  prior  fiscal
    44  years remaining unexpended at the close of such year.
    45    5.  Monies  of the account may be expended pursuant to subdivision two
    46  of section five hundred-a of the education law.   Monies shall  be  paid
    47  out  of  the account upon the audit and warrant of the state comptroller
    48  pursuant to such section.
    49    6. The monies held in or credited to the fund shall  be  expended  for
    50  the  purposes  set forth in section five hundred-a of the education law,
    51  and may not be interchanged or commingled with any other account or fund
    52  but may be commingled with any other fund for investment purposes.
    53    § 4. This act shall take effect on the ninetieth day  after  it  shall
    54  have  become a law; provided, however, that if no eligible city adopts a
    55  local law pursuant to section 500-a of the education  law  as  added  by
    56  section  two of this act, this act shall be deemed repealed 1 year after

        A. 242                              4
     1  such date provided that the New York city schools sports and  recreation
     2  advisory committee shall notify the legislative bill drafting commission
     3  upon  the occurrence of the enactment of the legislation provided for in
     4  this act in order that the commission may maintain an accurate and time-
     5  ly  effective data base of the official text of the laws of the state of
     6  New York in furtherance of effecting the provisions of section 44 of the
     7  legislative law and section 70-b of the public officers law.
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