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A04809 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4809
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 5, 2019
                                       ___________
 
        Introduced  by M. of A. TAGUE -- read once and referred to the Committee
          on Tourism, Parks, Arts and Sports Development
 
        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;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01226-01-9

        A. 4809                             2
 
     1    (d) personnel and employee benefit costs;
     2    (e) interest and borrowing costs;
     3    (f) insurance costs; and
     4    (g)  any other costs identified by commission members which may differ
     5  between public and privately owned recreational facilities;
     6    (2) an evaluation of the impact of various costs  differences  between
     7  public  and  privately owned recreational facilities on fair competition
     8  in the outdoor recreation industry;
     9    (3) an evaluation and comparison of prices and fees charged by  public
    10  and  privately  owned  outdoor  recreational  facilities and whether any
    11  reduced prices  and  fees  charged  by  publicly  owned  facilities  are
    12  intended  to  gain  a competitive advantage over other facilities and an
    13  evaluation of the impact of any differences in prices and fees  on  fair
    14  competition in the outdoor recreation industry;
    15    (4) an evaluation of the current economic impact of the outdoor recre-
    16  ation industry in New York state with public and privately owned facili-
    17  ties separately delineated; and
    18    (5) any other matters deemed relevant by the commission.
    19    c.  The  blue  ribbon  commission  on  fair competition in the outdoor
    20  recreation industry shall be composed of eleven  members.  The  members,
    21  each  to  serve a term of one year, shall be appointed as follows: three
    22  members shall be appointed by  the  governor;  three  members  shall  be
    23  appointed  by the temporary president of the senate; three members shall
    24  be appointed by the  speaker  of  the  assembly;  one  member  shall  be
    25  appointed  by  the minority leader of the senate and one member shall be
    26  appointed by the minority leader of the assembly. The  commission  shall
    27  elect a chair, a vice-chair and a secretary from amongst its members. In
    28  making  appointments to the commissioner, the governor, temporary presi-
    29  dent of the senate, speaker of the  assembly,  minority  leader  of  the
    30  senate  and minority leader of the assembly shall ensure that the inter-
    31  ests of owners of privately owned outdoor recreational facilities, enti-
    32  ties who own or operate publicly funded outdoor recreational  facilities
    33  and  consumers  are  represented on the commission.  Notwithstanding the
    34  provisions of section 74 of the public officers law, section 806 of  the
    35  general  municipal  law or any other provision of law, membership on the
    36  commission of any state or  municipal  officer  or  employee  shall  not
    37  constitute  a  violation  of any code of ethics or conflict of interest.
    38  The commission shall meet at least monthly.  Vacancies in the membership
    39  of the commission and among its officers shall be filled in  the  manner
    40  provided for original appointments.
    41    d.  The  members  of  the commission shall receive no compensation for
    42  their services, but shall be allowed their actual and necessary expenses
    43  incurred in the performance of their duties pursuant to this act.
    44    e. The blue ribbon commission  on  fair  competition  in  the  outdoor
    45  recreation industry shall make a report to the governor and the legisla-
    46  ture  of  its  findings,  conclusions  and  recommendations on or before
    47  December 31, 2020.
    48    § 2. The New York state empire  state  development  corporation  shall
    49  provide  the  commission  with  such facilities, assistance, and data as
    50  will enable the commission to carry out its powers and  duties.    Addi-
    51  tionally, all other departments or agencies of the state or subdivisions
    52  thereof shall, at the request of chair, provide the commission with such
    53  facilities,  assistance  and data as will enable the commission to carry
    54  out its' powers and duties.
    55    § 3. This act shall take effect immediately and shall  expire  and  be
    56  deemed repealed January 1, 2021.
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