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.