Assembly Bill A9580

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9580

                          I N  A S S E M B L Y

                             March 16, 2012
                               ___________

Introduced  by  M.  of  A.  SCHIMMINGER -- read once and referred to the
  Committee on Tourism, Parks, Arts and Sports Development

AN ACT to establish a blue  ribbon  commission  on  competition  in  the
  outdoor  recreation  industry;  and  providing  for the repeal of such
  provisions upon 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 competition in the
outdoor recreation industry is important and desirable and  that  issues
surrounding  the  public  ownership  of outdoor recreational facilities,
including but not limited to, golf, ski and camping facilities  and  the
impact of such facilities on privately owned outdoor recreational facil-
ities  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 competitive advantages  and  make  recommendations
regarding  methods  to  address  any  such  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 competition in the  outdoor  recreation
industry is hereby established to examine, evaluate and make recommenda-
tions regarding methods to promote competition in the outdoor recreation
industry.  For  purposes of this act "outdoor recreation 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;
  (f) insurance costs; and

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

                                                           LBD13584-01-1

A. 9580                             2

  (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 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 compe-
tition 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;
  (5) an evaluation of consumer satisfaction  at  public  and  privately
owned outdoor recreational facilities; and
  (6) any other matters deemed relevant by the commission.
  c. The blue ribbon commission on competition in the outdoor recreation
industry shall be composed of eleven members. The members, each to serve
a  term, shall be appointed as follows: three members shall be appointed
by the governor; three members shall be appointed by the temporary pres-
ident 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
commission,  the governor, temporary president of the senate, speaker of
the assembly, minority leader of the senate and minority leader  of  the
assembly  shall  ensure  that the interests of owners of privately owned
outdoor recreational facilities, entities 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 competition in the outdoor recreation
industry shall make a report to the governor and the legislature of  its
findings,  conclusions  and recommendations on or before 12 months after
the effective date of this act.
  S 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 the chair, provide the commission with
such facilities, assistance and data as will enable  the  commission  to
carry out its powers and duties.
  S 3. This act shall take effect immediately and shall expire 18 months
after such effective date when upon such date the provisions of this act
shall be deemed repealed.