Bill Text: NY A04141 | 2021-2022 | General Assembly | Introduced
Bill Title: Establishes a blue ribbon commission on fair competition in the outdoor recreation industry to examine, evaluate and make recommendations regarding methods to promote fair competition in the outdoor recreation industry; provides such commission shall consist of eleven appointed members; requires a report to the governor and legislature on or before December 31, 2022.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Introduced - Dead) 2022-05-09 - held for consideration in tourism, parks, arts and sports development [A04141 Detail]
Download: New_York-2021-A04141-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4141 2021-2022 Regular Sessions IN ASSEMBLY February 1, 2021 ___________ Introduced by M. of A. TAGUE, SALKA, SMULLEN, SCHMITT -- read once and referred to the Committee on Tourism, Parks, Arts and Sports Develop- ment AN ACT to establish a blue ribbon commission on fair competition in the outdoor recreation industry; and providing for the repeal of such provisions upon the expiration thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. a. The legislature hereby declares that fair competition in 2 the outdoor recreation industry is important and desirable and that 3 issues surrounding the public ownership of outdoor recreational facili- 4 ties, including but not limited to, golf, ski and camping facilities and 5 the impact of such facilities on privately owned outdoor recreational 6 facilities should be examined. As such, it is determined that a blue 7 ribbon commission on competitive issues relating to the public ownership 8 of outdoor recreational facilities shall be established to examine 9 whether such facilities enjoy unfair competitive advantages and make 10 recommendations regarding methods to address any such unfair competitive 11 advantages. Such commission shall submit a report and recommendations to 12 the governor and the legislature upon completion of such examination. 13 b. A blue ribbon commission on fair competition in the outdoor recre- 14 ation industry is hereby established to examine, evaluate and make 15 recommendations regarding methods to promote fair competition in the 16 outdoor recreation industry. For purposes of this act "outdoor recre- 17 ation industry" shall include, but not be limited to, golf, camping and 18 ski facilities. The subject areas to be examined by the commission shall 19 include, but not be limited to, the following: 20 (1) a comparison of the following between public and privately owned 21 outdoor recreational facilities: 22 (a) tax treatment; 23 (b) equipment cost differences; 24 (c) advertising and promotion costs; 25 (d) personnel and employee benefit costs; 26 (e) interest and borrowing costs; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06586-01-1A. 4141 2 1 (f) insurance costs; and 2 (g) any other costs identified by commission members which may differ 3 between public and privately owned recreational facilities; 4 (2) an evaluation of the impact of various costs differences between 5 public and privately owned recreational facilities on fair competition 6 in the outdoor recreation industry; 7 (3) an evaluation and comparison of prices and fees charged by public 8 and privately owned outdoor recreational facilities and whether any 9 reduced prices and fees charged by publicly owned facilities are 10 intended to gain a competitive advantage over other facilities and an 11 evaluation of the impact of any differences in prices and fees on fair 12 competition in the outdoor recreation industry; 13 (4) an evaluation of the current economic impact of the outdoor recre- 14 ation industry in New York state with public and privately owned facili- 15 ties separately delineated; and 16 (5) any other matters deemed relevant by the commission. 17 c. The blue ribbon commission on fair competition in the outdoor 18 recreation industry shall be composed of eleven members. The members, 19 each to serve a term of one year, shall be appointed as follows: three 20 members shall be appointed by the governor; three members shall be 21 appointed by the temporary president of the senate; three members shall 22 be appointed by the speaker of the assembly; one member shall be 23 appointed by the minority leader of the senate and one member shall be 24 appointed by the minority leader of the assembly. The commission shall 25 elect a chair, a vice-chair and a secretary from amongst its members. In 26 making appointments to the commissioner, the governor, temporary presi- 27 dent of the senate, speaker of the assembly, minority leader of the 28 senate and minority leader of the assembly shall ensure that the inter- 29 ests of owners of privately owned outdoor recreational facilities, enti- 30 ties who own or operate publicly funded outdoor recreational facilities 31 and consumers are represented on the commission. Notwithstanding the 32 provisions of section 74 of the public officers law, section 806 of the 33 general municipal law or any other provision of law, membership on the 34 commission of any state or municipal officer or employee shall not 35 constitute a violation of any code of ethics or conflict of interest. 36 The commission shall meet at least monthly. Vacancies in the membership 37 of the commission and among its officers shall be filled in the manner 38 provided for original appointments. 39 d. The members of the commission shall receive no compensation for 40 their services, but shall be allowed their actual and necessary expenses 41 incurred in the performance of their duties pursuant to this act. 42 e. The blue ribbon commission on fair competition in the outdoor 43 recreation industry shall make a report to the governor and the legisla- 44 ture of its findings, conclusions and recommendations on or before 45 December 31, 2022. 46 § 2. The New York state empire state development corporation shall 47 provide the commission with such facilities, assistance, and data as 48 will enable the commission to carry out its powers and duties. Addi- 49 tionally, all other departments or agencies of the state or subdivisions 50 thereof shall, at the request of chair, provide the commission with such 51 facilities, assistance and data as will enable the commission to carry 52 out its' powers and duties. 53 § 3. This act shall take effect immediately and shall expire and be 54 deemed repealed January 1, 2023.
