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A08562 Summary:

COSPNSRRivera J, Cruz, Gunther, Gottfried, Glick, McDonough
Amd §3, rpld §2, Chap 465 of 1994
Relates to fees for the New York Botanical Garden.
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A08562 Actions:

12/13/2021referred to tourism, parks, arts and sports development
01/05/2022referred to tourism, parks, arts and sports development
02/08/2022reported referred to ways and means
03/28/2022reported referred to rules
03/28/2022rules report cal.65
03/28/2022ordered to third reading rules cal.65
03/28/2022passed assembly
03/28/2022delivered to senate
05/24/2022SUBSTITUTED FOR S8038
05/24/20223RD READING CAL.1263
07/11/2022delivered to governor
07/21/2022signed chap.401
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A08562 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
SPONSOR: Fernandez
  TITLE OF BILL: An act to amend chapter 465 of the laws of 1994, amending chapter 285 of the laws of 1891 relating to charging a fee for admission to the New York Botanical Garden, in relation to extending certain provisions authorizing the imposition of a required fee; and to repeal section 2 of such chapter   PURPOSE OR GENERAL IDEA OF BILL: : The purpose of this bill is to continue to allow the New York Botanical Garden authorization to charge or not charge an admission fee.   SUMMARY OF PROVISIONS: Section one is legislative intent. Section two amends chapter 465 of the laws of 1994, section 3 and subse- quent extensions, to eliminate the expiration date authorizing the New York Botanical Garden to charge a fee for admission by the general public to help sustain the organization's operations and botanical exhibits. Section three sets forth an immediate effective date.   JUSTIFICATION: The New York Botanical Garden (NYBG) is an iconic living museum, a major educational institution, and a renowned plant research and conservation organization. Founded in 1891 and now a National Historic Landmark, NYBG is one of the greatest botanical gardens in the world and the largest in any city in the United States, distinguished by the beauty of its diverse landscape and extensive collections and gardens, as well as by the scope and excellence of its multidisciplinary exhibitions and programs. In 1994, the State authorized NYBG to charge nominal and varying fees for admission to certain exhibits of this organization, provided that the policy continued free access for primary and secondary school class- es and conformed to the requirements of any grant of public funds. After 28 years of responsible stewardship, the ability to create earned reven- ue through an admission fee has been a resounding success, allowing NYBG to have significant positive impacts on the Bronx such as: *Full-time NYBG employment has more than doubled since1993, from 260 employees to 560 employees. More than half are Bronx residents, and nearly a third are DC37 union employees. *Earned income now funds more that one-third of NYBG's annual budget and covers the salaries of 200 plus seasonal and part-time workforce, who are primarily Bronx residents. *Total NYBG visitation - including school groups - has almost tripled from 1993 from 470,000 visitors to 1,300,000. *NYBG's annual budget has more than tripled from $25,000,000 to $94,000,000. *As a result of earned income, NYBG has been transformed from a thread- bare park to a world class urban oasis known around the world for their science education and conservation programs, innovative exhibitions, and commitment to the Bronx. Earned income from admissions pays for world-class art to be brought into the Bronx. This process can take five years or more for world-re- nowned artists like Frida Kahlo, Dale Chihuly, and Yayoi Kusama. Exhibi- tions at NYBG are made possible only by selling tickets and generating the earned / contributed income that pays for the full and part-time staff mentioned previously. Said differently, ticket sales and associ- ated revenue pay for the long-lead and high costs of displaying world class art in the Bronx. Should NYBG not be able to charge admissions and the Garden's exhibition program be eliminated, the impact would be catastrophic to jobs, regional economic impact, and the Garden's ability to serve its neighbors and bring tourists from around the world to the Bronx. Free grounds admission to the Garden continues to primary and secondary schools and will remain unchanged. In 2019, about 28,000 school children registered and visited NYBG grounds free of charge. An additional 54,000 school children came at no cost to their families through curri- culum-based programs with their schools. In total, 82,812 primary and secondary school children visiting free of charge in calendar 2019. Also in 2019, an additional 258,000 people paid little or nothing to visit the Garden through one of these offerings: *Free grounds all day on Wednesdays; free grounds any day for any Bronx resident; *Free access for Cool Culture Card holders; *Free summer access for veterans through the Blue Star Museums program; *Free passes through NYPL Culture Pass program, NYBG's Community Access Program, Family Passes, and other free community programming; *A wide array of reciprocal and special discounts such as American Public Garden Association, American Horticultural Society, etc. The free admission NYBG offers many of our constituents comes at a significant cost to the Garden and NYBG's exhibition program and earned income pays for this cost. As outlined, current free admission opportu- nities and programs are robust, and more than fulfill the intent of the original legislative act. The Garden must be authorized to continue to charge admission in order to remain open to the public and a financially viable organization that can continue to host new living exhibits. This legislation will provide NYBG the ability to do long-range financial planning and provide NYBG with parity among other anchor cultural institutions that are not required to pass legislation to charge admission.   LEGISLATIVE HISTORY: This law has been extended periodically since 1994.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: : None.   EFFECTIVE DATE: Immediately.
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A08562 Text:

                STATE OF NEW YORK
                               2021-2022 Regular Sessions
                   IN ASSEMBLY
                                    December 13, 2021
        Introduced  by  M.  of  A.  FERNANDEZ  --  read once and referred to the
          Committee on Tourism, Parks, Arts and Sports Development
        AN ACT to amend chapter 465 of the laws of 1994, amending chapter 285 of
          the laws of 1891 relating to charging a fee for admission to  the  New
          York  Botanical  Garden,  in  relation to extending certain provisions
          authorizing the imposition of a required fee; and to repeal section  2
          of such chapter
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 3 of chapter 465 of  the  laws  of  1994,  amending
     2  chapter 285 of the laws of 1891 relating to charging a fee for admission
     3  to  the  New York Botanical Garden, as amended by section 1 of item L of
     4  subpart B of part XXX of chapter 58 of the laws of 2020, is  amended  to
     5  read as follows:
     6    §  3.  This  act  shall take effect immediately and shall be deemed to
     7  have been in full force  and  effect  on  and  after  April  30,  1994[;
     8  provided that:
     9    (a)  the amendment made by section one of this act shall expire and be
    10  deemed repealed on May 1, 2025; and
    11    (b) section two of this act shall take effect on May 1, 2025].
    12    § 2. Section 2 of chapter 465 of the laws of  1994,  amending  chapter
    13  285  of the laws of 1891 relating to charging a fee for admission to the
    14  New York Botanical Garden, is REPEALED.
    15    § 3. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
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