Bill Text: NY A09580 | 2011-2012 | General Assembly | Introduced
Bill Title: Establishes a blue ribbon commission on competitive issues relating to the public ownership of outdoor recreational facilities to examine whether such facilities enjoy competitive advantages and make recommendations regarding methods to address any such competitive advantages.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-03-16 - referred to tourism, parks, arts and sports development [A09580 Detail]
Download: New_York-2011-A09580-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
9580
I N A S S E M B L Y
March 16, 2012
___________
Introduced by M. of A. SCHIMMINGER -- read once and referred to the
Committee on Tourism, Parks, Arts and Sports Development
AN ACT to establish a blue ribbon commission on competition in the
outdoor recreation industry; and providing for the repeal of such
provisions upon 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 competition in the
2 outdoor recreation industry is important and desirable and that issues
3 surrounding the public ownership of outdoor recreational facilities,
4 including but not limited to, golf, ski and camping facilities and the
5 impact of such facilities on privately owned outdoor recreational facil-
6 ities should be examined. As such, it is determined that a blue ribbon
7 commission on competitive issues relating to the public ownership of
8 outdoor recreational facilities shall be established to examine whether
9 such facilities enjoy competitive advantages and make recommendations
10 regarding methods to address any such competitive advantages. Such
11 commission shall submit a report and recommendations to the governor and
12 the legislature upon completion of such examination.
13 b. A blue ribbon commission on competition in the outdoor recreation
14 industry is hereby established to examine, evaluate and make recommenda-
15 tions regarding methods to promote competition in the outdoor recreation
16 industry. For purposes of this act "outdoor recreation industry" shall
17 include, but not be limited to, golf, camping and ski facilities. The
18 subject areas to be examined by the commission shall include, but not be
19 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;
27 (f) insurance costs; and
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13584-01-1
A. 9580 2
1 (g) any other costs identified by commission members which may differ
2 between public and privately owned recreational facilities;
3 (2) an evaluation of the impact of various costs differences between
4 public and privately owned recreational facilities on competition in the
5 outdoor recreation industry;
6 (3) an evaluation and comparison of prices and fees charged by public
7 and privately owned outdoor recreational facilities and whether any
8 reduced prices and fees charged by publicly owned facilities are
9 intended to gain a competitive advantage over other facilities and an
10 evaluation of the impact of any differences in prices and fees on compe-
11 tition in the outdoor recreation industry;
12 (4) an evaluation of the current economic impact of the outdoor recre-
13 ation industry in New York state with public and privately owned facili-
14 ties separately delineated;
15 (5) an evaluation of consumer satisfaction at public and privately
16 owned outdoor recreational facilities; and
17 (6) any other matters deemed relevant by the commission.
18 c. The blue ribbon commission on competition in the outdoor recreation
19 industry shall be composed of eleven members. The members, each to serve
20 a term, shall be appointed as follows: three members shall be appointed
21 by the governor; three members shall be appointed by the temporary pres-
22 ident of the senate; three members shall be appointed by the speaker of
23 the assembly; one member shall be appointed by the minority leader of
24 the senate and one member shall be appointed by the minority leader of
25 the assembly. The commission shall elect a chair, a vice-chair and a
26 secretary from amongst its members. In making appointments to the
27 commission, the governor, temporary president of the senate, speaker of
28 the assembly, minority leader of the senate and minority leader of the
29 assembly shall ensure that the interests of owners of privately owned
30 outdoor recreational facilities, entities who own or operate publicly
31 funded outdoor recreational facilities and consumers are represented on
32 the commission. Notwithstanding the provisions of section 74 of the
33 public officers law, section 806 of the general municipal law or any
34 other provision of law, membership on the commission of any state or
35 municipal officer or employee shall not constitute a violation of any
36 code of ethics or conflict of interest. The commission shall meet at
37 least monthly. Vacancies in the membership of the commission and among
38 its officers shall be filled in the manner provided for original
39 appointments.
40 d. The members of the commission shall receive no compensation for
41 their services, but shall be allowed their actual and necessary expenses
42 incurred in the performance of their duties pursuant to this act.
43 e. The blue ribbon commission on competition in the outdoor recreation
44 industry shall make a report to the governor and the legislature of its
45 findings, conclusions and recommendations on or before 12 months after
46 the effective date of this act.
47 S 2. The New York state empire state development corporation shall
48 provide the commission with such facilities, assistance, and data as
49 will enable the commission to carry out its powers and duties. Addi-
50 tionally, all other departments or agencies of the state or subdivisions
51 thereof shall, at the request of the chair, provide the commission with
52 such facilities, assistance and data as will enable the commission to
53 carry out its powers and duties.
54 S 3. This act shall take effect immediately and shall expire 18 months
55 after such effective date when upon such date the provisions of this act
56 shall be deemed repealed.
