S T A T E O F N E W Y O R K
________________________________________________________________________
1951--A
Cal. No. 173
2009-2010 Regular Sessions
I N A S S E M B L Y
January 14, 2009
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Introduced by M. of A. MORELLE, ORTIZ, CAHILL, CLARK, DelMONTE --
Multi-Sponsored by -- M. of A. McENENY -- read once and referred to
the Committee on Transportation -- reported from committee, advanced
to a third reading, amended and ordered reprinted, retaining its place
on the order of third reading
AN ACT to amend the public authorities law and the economic development
law, in relation to presentation of local attraction videos at service
areas
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public authorities law is amended by adding a new
section 361-e to read as follows:
S 361-E. TOURISM PROMOTION PROGRAM. 1. AS USED IN THIS SECTION, THE
FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "CONTROLLED SYSTEM" SHALL MEAN AND INCLUDE THOSE PORTIONS OF THE
MAINLINE THRUWAY SYSTEM SET FORTH IN SECTION THREE HUNDRED FIFTY-SIX OF
THIS TITLE.
(B) "LOCAL ATTRACTION VIDEO" SHALL MEAN A CONTINUOUSLY PLAYED INFORMA-
TIONAL VIDEO, PRODUCED BY THE DEPARTMENT OF ECONOMIC DEVELOPMENT PURSU-
ANT TO THE PROVISIONS OF SUBDIVISION FORTY-THREE-A OF SECTION ONE
HUNDRED OF THE ECONOMIC DEVELOPMENT LAW, WHICH SHALL DESCRIBE TOURIST
ATTRACTIONS, EXPLAIN THEIR HISTORIES AND PROVIDE OTHER RELEVANT POINTS
OF INTEREST REGARDING SUCH TOURIST ATTRACTIONS AND TRAVELER AMENITIES
WHICH ARE IN REASONABLE PROXIMITY TO THE SERVICE AREA WHERE SHOWN.
(C) "SERVICE AREA" SHALL MEAN ANY ROADSIDE SITE ALONG THE CONTROLLED
SYSTEM WHICH PROVIDES SERVICES TO THE USERS OF THE THRUWAY INCLUDING,
BUT NOT LIMITED TO, FOOD, FUEL, RESTROOMS AND PARKING FACILITIES.
(D) "TOURIST ATTRACTION" SHALL MEAN ANY EXISTING RECREATIONAL, EDUCA-
TIONAL, CULTURAL, HISTORICAL, SPORTING OR OTHER FACILITIES, INCLUDING
SCENIC AREAS, WHICH ARE LIKELY TO ATTRACT A SIGNIFICANT NUMBER OF PEOPLE
FROM OUTSIDE THE REGION WHERE THE TOURIST ATTRACTION IS LOCATED.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04184-04-0
A. 1951--A 2
2. THE THRUWAY AUTHORITY SHALL DESIGN, CONSTRUCT, INSTALL, OPERATE
AND/OR MAINTAIN, OR CONTRACT FOR THE SAME, KIOSKS OR OTHER MEANS OF
DISPLAYING LOCAL ATTRACTION VIDEOS AT SERVICE AREAS ALONG THE CONTROLLED
SYSTEM. SUCH KIOSKS AND LOCAL ATTRACTION VIDEOS SHALL BE INSTALLED AND
OPERATING ACCORDING TO THE FOLLOWING SCHEDULE:
(A) AT TWENTY-FIVE PERCENT OF THE SERVICE AREAS ON THE CONTROLLED
SYSTEM NO LATER THAN JUNE THIRTIETH, TWO THOUSAND TWELVE;
(B) AT FIFTY PERCENT OF THE SERVICE AREAS ON THE CONTROLLED SYSTEM NO
LATER THAN JUNE THIRTIETH, TWO THOUSAND THIRTEEN;
(C) AT SEVENTY-FIVE PERCENT OF THE SERVICE AREAS ON THE CONTROLLED
SYSTEM NO LATER THAN JUNE THIRTIETH, TWO THOUSAND FOURTEEN; AND
(D) AT ONE HUNDRED PERCENT OF THE SERVICE AREAS ON THE CONTROLLED
SYSTEM NO LATER THAN JUNE THIRTIETH, TWO THOUSAND FIFTEEN.
3. THE THRUWAY AUTHORITY MAY CHARGE FEES TO BUSINESSES, ORGANIZATIONS,
INSTITUTIONS OR OTHER GROUPS TO BE INCLUDED IN THE LOCAL ATTRACTION
VIDEO AND/OR MAY INCLUDE ADVERTISING OR SPONSORSHIP NOTICES WITHIN THE
VIDEO PROGRAM OR POSTED NEARBY. SUCH FEES SHALL BE LEVIED ON AN ANNUAL
BASIS AND SHALL NOT EXCEED THE ACTUAL COSTS ATTRIBUTABLE TO THE INSTAL-
LATION, OPERATION AND MAINTENANCE OF SUCH ATTRACTION VIDEO; FURTHER, THE
CALCULATION OF SUCH FEE SHALL AMORTIZE THE INITIAL DESIGN AND
CONSTRUCTION COSTS OVER A TEN YEAR PERIOD.
4. THE THRUWAY AUTHORITY MAY UTILIZE REVENUES, NOT RESTRICTED OR
PLEDGED UNDER ANY BOND, COVENANT OR CONTRACT OF THE AUTHORITY, TO
PARTIALLY OFFSET THE COSTS OF PROVIDING SUCH KIOSKS TO PLAY SUCH LOCAL
ATTRACTION VIDEOS.
S 2. Section 100 of the economic development law is amended by adding
a new subdivision 43-a to read as follows:
43-A. (A) TO ADVISE AND COOPERATE WITH THE NEW YORK STATE THRUWAY
AUTHORITY IN THE DESIGN, CONSTRUCTION, INSTALLATION, OPERATION AND/OR
MAINTENANCE OF KIOSKS TO PLAY LOCAL ATTRACTION VIDEOS ALONG THE THRUWAY
SYSTEM.
(B) TO DESIGN AND PRODUCE, OR CONTRACT FOR THE DESIGN AND PRODUCTION
OF, LOCAL ATTRACTION VIDEOS AS SUCH TERM IS DEFINED BY PARAGRAPH (B) OF
SUBDIVISION ONE OF SECTION THREE HUNDRED SIXTY-ONE-E OF THE PUBLIC
AUTHORITIES LAW. THE SIZE, SPECIFICATIONS, TOURISM REGION OR SUBREGION,
QUALIFYING FACILITIES AND CONTENT OF EACH LOCAL ATTRACTION VIDEO SHALL
BE DETERMINED BY THE COMMISSIONER, IN CONSULTATION WITH LOCAL AND
REGIONAL TOURISM PROMOTION AGENCIES.
S 3. This act shall take effect immediately.