S T A T E O F N E W Y O R K
________________________________________________________________________
3565
2009-2010 Regular Sessions
I N A S S E M B L Y
January 27, 2009
___________
Introduced by M. of A. PERRY, ENGLEBRIGHT -- Multi-Sponsored by -- M. of
A. ARROYO, BRENNAN, COOK, MILLMAN, ORTIZ, J. RIVERA, ROBINSON, SCAR-
BOROUGH, TOWNS -- read once and referred to the Committee on Tourism,
Arts and Sports Development
AN ACT to amend the education law, in relation to creating the New York
schools sports and recreation program and establishing the New York
city schools sports and recreation advisory committee; and to amend
the state finance law, in relation to establishing the New York
schools sports and recreation fund
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative findings and intent. The legislature hereby
finds that participation in organized extracurricular sports and recre-
ational programs provides students with valuable physical and emotional
benefits. Such programs are a significant and important aspect of a
child's education. The legislature further finds that such programs are
underfunded and in need of financial support. Therefore, it is the
intent of the legislature to provide a solution to the problem of fund-
ing such sports and recreational programs by establishing the New York
city schools sports and recreation advisory committee and the New York
schools sports and recreation fund.
S 2. The education law is amended by adding a new article 10-E to read
as follows:
ARTICLE 10-E
THE NEW YORK SCHOOLS SPORTS AND RECREATION PROGRAM
SECTION 500-A. THE NEW YORK SCHOOLS SPORTS AND RECREATION FEE PROGRAM.
500-B. THE NEW YORK CITY SCHOOLS SPORTS AND RECREATION ADVISORY
COMMITTEE.
S 500-A. THE NEW YORK SCHOOLS SPORTS AND RECREATION FEE PROGRAM. 1.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, ANY CITY
WITH A POPULATION OF ONE HUNDRED FIFTY THOUSAND OR MORE IS HEREBY
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02085-01-9
A. 3565 2
AUTHORIZED AND EMPOWERED TO ADOPT AND AMEND ITS LOCAL LAWS IMPOSING, IN
ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE, A TWENTY-FIVE CENT FEE
UPON THE TICKET PRICE OF FOUR DOLLARS OR MORE FOR ANY SPORTING EVENT
HELD WITHIN SUCH CITY.
2. ALL MONEYS COLLECTED PURSUANT TO SUBDIVISION ONE OF THIS SECTION
AND ALL INCREMENTS TO THE PRINCIPAL DERIVED FROM INVESTMENT GAIN, INTER-
EST ACCUMULATION, AND OTHER SOURCES OF INCOME SHALL ONLY BE DEPOSITED
INTO THE NEW YORK SCHOOLS SPORTS AND RECREATION FUND AS ESTABLISHED IN
SECTION 97-JJJJ OF THE STATE FINANCE LAW.
3. (A) THE AMOUNT OF EARNINGS AND ACCUMULATED INCOME UPON THE PRINCI-
PAL OF THE FUND FOR THE PRIOR FISCAL YEAR, AS REPORTED BY THE COMP-
TROLLER ON AUGUST FIFTEENTH ANNUALLY, SHALL BE AVAILABLE FOR APPROPRI-
ATION TO THE NEW YORK CITY SCHOOLS SPORTS AND RECREATION ADVISORY
COMMITTEE OR TO THE SCHOOL BOARD OF A CITY IMPOSING A SPORTS AND RECRE-
ATION FEE PURSUANT TO SUBDIVISION ONE OF THIS SECTION. ANY FUNDS SO
APPROPRIATED SHALL BE EXPENDED FOR SPORTS AND RECREATION PROGRAMS
AUTHORIZED BY THE SCHOOL BOARD IN SUCH CITY OR THE NEW YORK CITY SCHOOLS
SPORTS AND RECREATION ADVISORY COMMITTEE IN THE CITY OF NEW YORK, PURSU-
ANT TO THE PROVISIONS OF SECTION FIVE HUNDRED-B OF THIS ARTICLE.
(B) SEVENTY-FIVE PERCENT OF SUCH MONEYS SHALL BE DISBURSED FOR THE
SPORTS AND RECREATIONAL PROGRAMS OF PUBLIC SCHOOLS LOCATED WITHIN SUCH
CITY'S SCHOOL DISTRICT AND TWENTY-FIVE PERCENT SHALL BE DISBURSED FOR
THE SPORTS AND RECREATIONAL PROGRAMS OF NON-PUBLIC SCHOOLS LOCATED WITH-
IN SUCH CITY. ALL EXPENDITURES FROM THE FUND FOR THE PURPOSES OF THIS
SECTION SHALL BE MADE ON THE AUDIT AND WARRANT OF THE COMPTROLLER UPON
VOUCHERS APPROVED BY THE PRESIDENT OF SUCH CITY'S BOARD OF EDUCATION, OR
BY THE CHANCELLOR OF THE CITY SCHOOL DISTRICT IN THE CASE OF THE CITY
SCHOOL DISTRICT OF THE CITY OF NEW YORK.
S 500-B. THE NEW YORK CITY SCHOOLS SPORTS AND RECREATION ADVISORY
COMMITTEE. 1. THERE IS HEREBY CREATED THE NEW YORK CITY SCHOOLS SPORTS
AND RECREATION ADVISORY COMMITTEE, TO BE APPOINTED BY THE CHANCELLOR OF
THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK. SUCH COMMITTEE SHALL
CONSIST OF ELEVEN MEMBERS WHO HAVE SUBMITTED APPLICATIONS FOR APPOINT-
MENT OR HAVE BEEN RECOMMENDED FOR APPOINTMENT BY PUBLIC OFFICIALS OR
SCHOOL ADMINISTRATORS: FIVE OF WHOM SHALL BE PARENTS OF A STUDENT IN
ATTENDANCE AND REGISTERED IN A SPORTS OR RECREATION PROGRAM AT A PUBLIC
SCHOOL LOCATED WITHIN THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK
REPRESENTATIVE OF EACH BOROUGH AND CHOSEN BY SUCH BOROUGH PRESIDENT, ONE
OF WHOM SHALL BE A PARENT OF A STUDENT IN ATTENDANCE AND REGISTERED IN
A SPORTS OR RECREATION PROGRAM AT A NON-PUBLIC SCHOOL LOCATED WITHIN THE
CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK, ONE OF WHOM SHALL BE AN
ATHLETIC DIRECTOR OR COACH FROM A PUBLIC SCHOOL LOCATED WITHIN THE CITY
SCHOOL DISTRICT OF THE CITY OF NEW YORK, ONE OF WHOM SHALL BE AN ATHLET-
IC DIRECTOR OR COACH FROM A NON-PUBLIC SCHOOL LOCATED WITHIN THE CITY
SCHOOL DISTRICT OF THE CITY OF NEW YORK, ONE OF WHOM SHALL BE A STUDENT
IN ATTENDANCE AND REGISTERED IN A SPORTS OR RECREATION PROGRAM AT A
PUBLIC SCHOOL LOCATED WITHIN THE CITY SCHOOL DISTRICT OF THE CITY OF NEW
YORK, ONE OF WHOM SHALL BE A STUDENT IN ATTENDANCE AND REGISTERED IN A
SPORTS OR RECREATION PROGRAM AT A NON-PUBLIC SCHOOL LOCATED WITHIN THE
CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK AND THE CHANCELLOR OF THE
CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK OR HIS OR HER REPRESEN-
TATIVE.
2. EACH MEMBER OF THE COMMITTEE SHALL SERVE A TERM OF THREE YEARS
WITHOUT REMUNERATION; PROVIDED, HOWEVER, THAT THE STUDENT REPRESEN-
TATIVES SHALL SERVE FOR A TERM OF ONE YEAR AND BE REIMBURSED FOR HIS OR
HER ACTUAL TRAVEL EXPENSES. THE CHANCELLOR OF THE CITY SCHOOL DISTRICT
A. 3565 3
OF THE CITY OF NEW YORK SHALL HAVE THE POWER TO REMOVE MEMBERS AND REAP-
POINT MEMBERS.
3. THE CHANCELLOR OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK
SHALL NAME A CHAIRPERSON OF THE COMMITTEE AND SHALL ESTABLISH THE RULES
OF OPERATION OF THE COMMITTEE.
4. SUCH COMMITTEE SHALL ADVISE AND MAKE RECOMMENDATIONS TO THE CHAN-
CELLOR OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK AS TO WHICH
SCHOOL SPORTS AND RECREATION PROGRAMS ARE DETERMINED BY THE COMMITTEE TO
BE ELIGIBLE FOR FINANCIAL SUPPORT. FOR THE PURPOSE OF DETERMINING ELIGI-
BILITY, THE COMMITTEE SHALL CONSIDER PROGRAMS INVOLVING THE GREATEST
NUMBER OF PARTICIPANTS.
5. THE CHANCELLOR OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK
SHALL ESTABLISH AND PERIODICALLY UPDATE A LIST OF INTERESTED VOLUNTEERS
AND PERSONS RECOMMENDED FOR APPOINTMENT BY PUBLIC OFFICIALS OR SCHOOL
ADMINISTRATORS FROM WHICH APPOINTMENTS TO SUCH COMMITTEE SHALL BE MADE.
6. THE CHANCELLOR OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK
SHALL EXERCISE DUE DILIGENCE TO INSURE THAT SUCH COMMITTEE'S COMPOSITION
PROVIDED EQUAL GEOGRAPHIC REPRESENTATION.
S 3. The state finance law is amended by adding a new section 97-jjjj
to read as follows:
S 97-JJJJ. THE NEW YORK SCHOOLS SPORTS AND RECREATION FUND. 1. THERE
IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE COMPTROLLER AND THE
COMMISSIONER OF TAXATION AND FINANCE AN ACCOUNT TO BE KNOWN AS THE NEW
YORK SCHOOLS SPORTS AND RECREATION FUND. SUCH ACCOUNT SHALL CONSIST OF
ALL FEES RECEIVED PURSUANT TO SECTION FIVE HUNDRED-A OF THE EDUCATION
LAW AND ALL OTHER MONIES CREDITED OR TRANSFERRED THERETO FROM ANY OTHER
FUND OR SOURCE PURSUANT TO LAW.
2. FEES RECEIVED FROM A CITY PURSUANT TO SECTION FIVE HUNDRED-A OF THE
EDUCATION LAW SHALL BE KEPT SEPARATE FROM THE MONIES RECEIVED FROM ANY
OTHER CITY DEPOSITING MONEY PURSUANT TO SECTION FIVE HUNDRED-A OF THE
EDUCATION LAW AND SHALL BE CREDITED ONLY TO THE CITY DEPOSITING SUCH
MONIES.
3. THE COMPTROLLER SHALL INVEST AND KEEP INVESTED ALL MONEYS BELONGING
TO THE FUND IN THE MANNER AUTHORIZED BY SECTION NINETY-EIGHT OF THIS
ARTICLE.
4. COMMENCING ON OR BEFORE AUGUST FIFTEENTH, TWO THOUSAND ELEVEN AND
ON OR BEFORE THE FIFTEENTH DAY OF AUGUST OF EACH SUCCEEDING YEAR, THE
COMPTROLLER SHALL ISSUE A CERTIFICATE OF EARNINGS AND ACCUMULATED INCOME
UPON THE PRINCIPAL OF SUCH FUND AS OF THE END OF THE PRECEDING STATE
FISCAL YEAR TO THE PRESIDENT OF THE SCHOOL BOARD, OR TO THE CHANCELLOR
OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK IN THE CASE OF THE
CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK. SUCH CERTIFICATE SHALL
ALSO INCLUDE A STATEMENT OF ACCUMULATED INCOME FOR THE PRIOR FISCAL
YEARS REMAINING UNEXPENDED AT THE CLOSE OF SUCH YEAR.
5. MONIES OF THE ACCOUNT MAY BE EXPENDED PURSUANT TO SUBDIVISION TWO
OF SECTION FIVE HUNDRED-A OF THE EDUCATION LAW. MONIES SHALL BE PAID
OUT OF THE ACCOUNT UPON THE AUDIT AND WARRANT OF THE STATE COMPTROLLER
PURSUANT TO SUCH SECTION.
6. THE MONIES HELD IN OR CREDITED TO THE FUND SHALL BE EXPENDED FOR
THE PURPOSES SET FORTH IN SECTION FIVE HUNDRED-A OF THE EDUCATION LAW,
AND MAY NOT BE INTERCHANGED OR COMMINGLED WITH ANY OTHER ACCOUNT OR FUND
BUT MAY BE COMMINGLED WITH ANY OTHER FUND FOR INVESTMENT PURPOSES.
S 4. This act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that if no eligible city adopts a
local law pursuant to section 500-a of the education law as added by
section two of this act, this act shall be deemed repealed 1 year after
A. 3565 4
such date provided that the New York city schools sports and recreation
advisory committee shall notify the legislative bill drafting commission
upon the occurrence of the enactment of the legislation provided for in
this act in order that the commission may maintain an accurate and time-
ly effective data base of the official text of the laws of the state of
New York in furtherance of effecting the provisions of section 44 of the
legislative law and section 70-b of the public officers law.