S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10806
 
                           I N  A S S E M B L Y
 
                               May 18, 2018
                                ___________
 
 Introduced  by M. of A. TAGUE -- read once and referred to the Committee
   on Tourism, Parks, Arts and Sports Development
 
 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;
   (f) insurance costs; and

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD03834-02-8

 A. 10806                            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  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, 2019.
   §  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, 2020.