S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4141
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:
 
   Section 1. a. The legislature hereby declares that fair competition in
 the outdoor recreation industry is  important  and  desirable  and  that
 issues  surrounding the public ownership of outdoor recreational facili-
 ties, including but not limited to, golf, ski and camping facilities and
 the impact of such facilities on privately  owned  outdoor  recreational
 facilities  should  be  examined.  As such, it is determined that a blue
 ribbon commission on competitive issues relating to the public ownership
 of outdoor recreational  facilities  shall  be  established  to  examine
 whether  such  facilities  enjoy  unfair competitive advantages and make
 recommendations regarding methods to address any such unfair competitive
 advantages. Such commission shall submit a report and recommendations to
 the governor and the legislature upon completion of such examination.
   b. A blue ribbon commission on fair competition in the outdoor  recre-
 ation  industry  is  hereby  established  to  examine, evaluate and make
 recommendations regarding methods to promote  fair  competition  in  the
 outdoor  recreation  industry.  For purposes of this act "outdoor recre-
 ation industry" shall include, but not be limited to, golf, camping  and
 ski facilities. The subject areas to be examined by the commission shall
 include, but not be limited to, the following:
   (1)  a  comparison of the following between public and privately owned
 outdoor recreational facilities:
   (a) tax treatment;
   (b) equipment cost differences;
   (c) advertising and promotion costs;
   (d) personnel and employee benefit costs;
   (e) interest and borrowing costs;
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06586-01-1

 A. 4141                             2
 
   (f) insurance costs; and
   (g)  any other costs identified by commission members which may differ
 between public and privately owned recreational facilities;
   (2) an evaluation of the impact of various costs  differences  between
 public  and  privately owned recreational facilities on fair competition
 in the outdoor recreation industry;
   (3) an evaluation and comparison of prices and fees charged by  public
 and  privately  owned  outdoor  recreational  facilities and whether any
 reduced prices  and  fees  charged  by  publicly  owned  facilities  are
 intended  to  gain  a competitive advantage over other facilities and an
 evaluation of the impact of any differences in prices and fees  on  fair
 competition in the outdoor recreation industry;
   (4) an evaluation of the current economic impact of the outdoor recre-
 ation industry in New York state with public and privately owned facili-
 ties separately delineated; and
   (5) any other matters deemed relevant by the commission.
   c.  The  blue  ribbon  commission  on  fair competition in the outdoor
 recreation industry shall be composed of eleven  members.  The  members,
 each  to  serve a term of one year, shall be appointed as follows: three
 members shall be appointed by  the  governor;  three  members  shall  be
 appointed  by the temporary president of the senate; three members shall
 be appointed by the  speaker  of  the  assembly;  one  member  shall  be
 appointed  by  the minority leader of the senate and one member shall be
 appointed by the minority leader of the assembly. The  commission  shall
 elect a chair, a vice-chair and a secretary from amongst its members. In
 making  appointments to the commissioner, the governor, temporary presi-
 dent of the senate, speaker of the  assembly,  minority  leader  of  the
 senate  and minority leader of the assembly shall ensure that the inter-
 ests of owners of privately owned outdoor recreational facilities, enti-
 ties who own or operate publicly funded outdoor recreational  facilities
 and  consumers  are  represented on the commission.  Notwithstanding the
 provisions of section 74 of the public officers law, section 806 of  the
 general  municipal  law or any other provision of law, membership on the
 commission of any state or  municipal  officer  or  employee  shall  not
 constitute  a  violation  of any code of ethics or conflict of interest.
 The commission shall meet at least monthly.  Vacancies in the membership
 of the commission and among its officers shall be filled in  the  manner
 provided for original appointments.
   d.  The  members  of  the commission shall receive no compensation for
 their services, but shall be allowed their actual and necessary expenses
 incurred in the performance of their duties pursuant to this act.
   e. The blue ribbon commission  on  fair  competition  in  the  outdoor
 recreation industry shall make a report to the governor and the legisla-
 ture  of  its  findings,  conclusions  and  recommendations on or before
 December 31, 2022.
   § 2. The New York state empire  state  development  corporation  shall
 provide  the  commission  with  such facilities, assistance, and data as
 will enable the commission to carry out its powers and  duties.    Addi-
 tionally, all other departments or agencies of the state or subdivisions
 thereof shall, at the request of chair, provide the commission with such
 facilities,  assistance  and data as will enable the commission to carry
 out its' powers and duties.
   § 3. This act shall take effect immediately and shall  expire  and  be
 deemed repealed January 1, 2023.