Bill Text: NY S05176 | 2011-2012 | General Assembly | Introduced

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Bill Title: Establishes the New York wine council program within the department of economic development to develop a marketing strategy to promote the state's fine wines.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS [S05176 Detail]

Download: New_York-2011-S05176-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5176
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                      May 3, 2011
                                      ___________
       Introduced  by  Sens.  YOUNG, MAZIARZ -- read twice and ordered printed,
         and when printed to be committed to the Committee on Commerce, Econom-
         ic Development and Small Business
       AN ACT to amend the economic development law, in relation to  establish-
         ing the New York wine council program
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Legislative findings and purposes.  The  legislature  finds
    2  that  while New York is the second leading state for consumption of wine
    3  and the third leading state in production, there  is  no  formal  entity
    4  charged with promoting New York wines to their fullest potential.  Other
    5  leading  states,  such  as  California,  Washington  and Virginia, spend
    6  millions of dollars promoting wines produced in their states  while  New
    7  York,  with  its  considerable  consumer  market right in New York city,
    8  spends relatively little. The result has been that the wine industry has
    9  developed primarily as a tourism-focused industry. In the past 5  years,
   10  the  number  of  high  quality  producers of fine wine has grown dramat-
   11  ically, and they face challenges in bringing a  virtually  unknown  high
   12  quality  product  to market. This is a critical point in the development
   13  of the fine wine industry in New York. Expanded market access is  needed
   14  if the industry is going to continue to grow.
   15    The legislature further finds and recognizes that an important step in
   16  strengthening the agricultural and economic potential of New York's fine
   17  wine industry is to encourage the long term operation of a wine council,
   18  representative  of  all  regions of the fine wine manufacturing industry
   19  for the purpose of conducting an extensive and  coordinated  promotional
   20  program  intended  to  stimulate  and  centralize the New York fine wine
   21  manufacturing industry.  The focus of the wine council will be to devel-
   22  op markets in major metropolitan areas for the sale  of  fine  New  York
   23  state  wines.  This  will foster growth in the wine manufacturing sector
   24  and bring new money into New York from other states.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10903-02-1
       S. 5176                             2
    1    In contrast with many tourism marketing efforts,  the  New  York  wine
    2  council  will  be  accountable for results and charged with reporting on
    3  the effects of its efforts. Key performance indicators and metrics  will
    4  be  developed  for annual reporting to the legislature and the governor.
    5  The  economic  impact  of  the  marketing efforts will be measurable and
    6  reported annually.
    7    S 2. The economic development law is amended by adding a  new  article
    8  5-F to read as follows:
    9                                 ARTICLE 5-F
   10                        NEW YORK WINE COUNCIL PROGRAM
   11  SECTION 181-F. SHORT TITLE.
   12  181-G. GENERAL POWERS AND DUTIES OF THE COMMISSIONER.
   13  181-H. NEW YORK WINE COUNCIL.
   14    S  181-F. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
   15  THE "NEW YORK WINE COUNCIL PROGRAM".
   16    S 181-G. GENERAL POWERS AND DUTIES OF THE  COMMISSIONER.  THE  COMMIS-
   17  SIONER  SHALL  DEVELOP  AND IMPLEMENT A NEW YORK WINE PROMOTION PROGRAM.
   18  THE NEW YORK WINE COUNCIL SHALL DEVELOP A MARKETING STRATEGY PURSUANT TO
   19  THIS PROGRAM THAT SHALL PROMOTE NEW YORK AS A PREMIERE PRODUCER OF  HIGH
   20  QUALITY WINES.
   21    S  181-H.  NEW  YORK  WINE COUNCIL. 1. THE COMMISSIONER, IN ACCORDANCE
   22  WITH THIS PROGRAM, SHALL CAUSE TO BE DEVELOPED A NEW YORK  WINE  COUNCIL
   23  TO  BE TASKED WITH BRANDING, MARKETING AND PROMOTING FINE NEW YORK STATE
   24  WINES.  THE NEW YORK WINE COUNCIL SHALL CONSIST OF AN EXECUTIVE DIRECTOR
   25  AND A BOARD OF DIRECTORS TO BE APPOINTED AS FOLLOWS: ONE MEMBER SHALL BE
   26  APPOINTED BY THE GOVERNOR, FOR THE PURPOSE OF PROVIDING FEEDBACK TO  THE
   27  EXECUTIVE  AND LEGISLATIVE BRANCHES, ONE MEMBER WILL BE APPOINTED BY THE
   28  NEW YORK WINE AND GRAPE FOUNDATION, FOR THE PURPOSE OF COORDINATING WITH
   29  THE NEW YORK  WINE  AND  GRAPE  FOUNDATION'S  TOURISM  AND  AGRICULTURAL
   30  PROGRAMS.  EACH  OF  THESE  APPOINTED  BOARD  MEMBERS WILL BE EX OFFICIO
   31  MEMBERS AND WILL HAVE NO VOTING RIGHTS. THE REMAINING VOTING MEMBERS  OF
   32  THE  COUNCIL  SHALL INCLUDE ONE REPRESENTATIVE FROM A RESTAURANT ASSOCI-
   33  ATION WITHIN NEW YORK STATE, ONE REPRESENTATIVE FROM A  NEW  YORK  STATE
   34  WINE  RETAILER  ORGANIZATION  AND WINERY REPRESENTATIVES.   THE WINERIES
   35  SHALL BE REPRESENTATIVE OF THE SIX WINE  GROWING  REGIONS  IN  NEW  YORK
   36  STATE:   LONG   ISLAND,   HUDSON  VALLEY,  THE  FINGER  LAKES,  THOUSAND
   37  ISLANDS/ADIRONDACKS/CENTRAL NEW YORK, LAKE ERIE, AND NIAGARA. THE WINERY
   38  BOARD MEMBERS WILL BE ELECTED BY NEW YORK WINE COUNCIL MEMBERS  IN  EACH
   39  REGION.  EACH REGION WILL HAVE ONE VOTING REPRESENTATIVE FOR UP TO FORTY
   40  MEMBER WINERIES. IF A REGION HAS MORE THAN  FORTY  MEMBERS,  THIS  WOULD
   41  EQUAL  TWO  REPRESENTATIVES,  WHICH  WILL BE THE MAXIMUM NUMBER FROM ANY
   42  REGION. IF NEW REGIONS ARE DEVELOPED AND RECOGNIZED, THEY SHALL BE ADDED
   43  TO THE BOARD. THE REGIONAL MAP  WILL  BE  UPDATED  ANNUALLY.  THE  BOARD
   44  MEMBERS  REPRESENTING  WINE RETAILERS AND RESTAURANTS WILL BE ELECTED BY
   45  THE WINERY MEMBER BOARD. THE MEMBERS OF THE  COUNCIL  SHALL  RECEIVE  NO
   46  COMPENSATION  FOR  THEIR  SERVICES  AS  MEMBERS OF THE COUNCIL, BUT EACH
   47  SHALL BE ALLOWED THE NECESSARY AND ACTUAL EXPENSES WHICH HE OR SHE SHALL
   48  INCUR IN THE PERFORMANCE OF HIS OR HER DUTIES.
   49    2. WINERY MEMBERSHIP WILL BE DEFINED AS MEMBERS IN GOOD  STANDING  PER
   50  THE  BYLAWS  OF  THE  NEW YORK WINE COUNCIL. EACH MEMBER WILL CONTRIBUTE
   51  ANNUAL DUES TO THE COUNCIL TO BE DETERMINED BY THE BOARD OF DIRECTORS.
   52    3. THE EXECUTIVE DIRECTOR OF THE NEW  YORK  WINE  COUNCIL  SHALL  HAVE
   53  PREVIOUS  EXPERIENCE IN MARKETING WINE, EVENT PLANNING AND BRAND MANAGE-
   54  MENT AND WILL BE APPOINTED BY THE BOARD OF DIRECTORS, DECIDED BY MAJORI-
   55  TY VOTE. THE EXECUTIVE DIRECTOR WILL SERVE AS AN "AT WILL"  EMPLOYEE  AT
   56  THE DISCRETION OF THE BOARD OF DIRECTORS.
       S. 5176                             3
    1    4.  THE  NEW YORK WINE COUNCIL IS CHARGED WITH CREATING BRAND RECOGNI-
    2  TION FOR FINE NEW YORK WINES. IN DOING SO THEY SHALL WORK TO MARKET  NEW
    3  YORK  STATE  LABELED WINE BOTH WITHIN AND OUTSIDE OF NEW YORK STATE WITH
    4  THE GOAL OF PROMOTING FINE NEW YORK STATE WINES.
    5    5.  THE  NEW  YORK  WINE  COUNCIL SHALL, BY DECEMBER THIRTY-FIRST, TWO
    6  THOUSAND ELEVEN SUBMIT A PRELIMINARY REPORT TO THE GOVERNOR AND LEGISLA-
    7  TURE WITH AN ASSESSMENT OF MARKETING AND PROMOTION STRATEGIES TO  IMPLE-
    8  MENT THIS ARTICLE.
    9    S 3. This act shall take effect immediately.