S T A T E O F N E W Y O R K
________________________________________________________________________
S. 6040 A. 7702
2017-2018 Regular Sessions
S E N A T E - A S S E M B L Y
May 10, 2017
___________
IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Local Govern-
ment
IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once and referred
to the Committee on Local Governments
AN ACT authorizing the towns of East Hampton, Riverhead, Shelter Island,
Southampton and Southold in the county of Suffolk to establish a tour-
ism marketing district to be known as the Peconic region tourism
marketing district
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Notwithstanding any provision of law to the contrary, the
towns of East Hampton, Riverhead, Shelter Island, Southampton and Sout-
hold in the county of Suffolk shall be authorized to establish a tourism
marketing district pursuant to the provisions of this act. Said
district shall be known as the "Peconic region tourism marketing
district".
§ 2. Except as provided in this section and to the extent such
provisions are not inconsistent with the purposes of this act, the
provisions of article 19-A of the general municipal law relating to
business improvement districts shall apply to such tourism marketing
district.
§ 3. The provisions of section 980-c of the general municipal law
shall not apply to the tourism marketing district established pursuant
to this act. In lieu of section 980-c of the general municipal law, the
local legislative powers related to such tourism marketing district
shall be those granted by section four of this act.
§ 4. Upon establishment of a tourism marketing district pursuant to
the provisions of this act, the participating towns, through their
governing bodies, shall collectively have authority to exercise the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10194-01-7
S. 6040 2 A. 7702
following powers with respect to such district, subject to the
provisions of this act and the cooperative agreement entered into pursu-
ant to section six of this act: (a) to establish sales and marketing
programs and activities designed to attract visitors to the district,
including the creation and management of cooperative programs for prop-
erties within the district, (b) to establish communications and public
relations activities and services to build greater awareness of district
businesses and the district as a tourism destination, especially during
off-peak and shoulder seasons, (c) to partner with local, state, and
federal authorities to promote the expansion of public transportation
to, from, and within the district, (d) to pursue grants that benefit
properties within the district, (e) to allocate revenues within the
district for use in specific tourism promotion efforts, (f) to pay
administrative costs and operation of the district, and (g) to establish
any other tourism marketing activities which benefit the purposes of the
district.
§ 5. The provisions of section 980-n of the general municipal law
shall not apply to the tourism marketing district established pursuant
to this act. In lieu of section 980-n of the general municipal law, the
cooperative operation and management of the tourism marketing district
shall be governed by section six of this act.
§ 6. The district established pursuant to this act shall be deemed to
be a municipal cooperative district and the provisions of this section
shall apply to the cooperative operation and management of the tourism
marketing district.
(a) The 5 towns may collectively enter into, amend, and terminate an
agreement for the operation and management of the tourism marketing
district, in accordance with this act and the district plan.
(b) Any such agreement shall be approved by each participating town by
a majority vote of its governing board, and may contain provisions
relating to the rights and responsibilities of the respective towns, a
method for equitably allocating costs and other matters, consistent with
this act, as may be reasonably necessary and proper to effectuate the
cooperative operation and management of the district. Nothing in this
subdivision shall be construed as authorizing the participating towns to
issue joint indebtedness.
(c) The towns shall designate a single cooperative district management
association which shall be known as the Peconic region tourism marketing
district management association. Such cooperative district management
association shall have the same powers and duties as provided in section
980-m of the general municipal law.
(d) The board of directors of such district management association
shall be composed of representatives of owners and tenants within the
district, provided, however, that not less than a majority of its
members shall represent owners. Members of the board of directors shall
have at least 5 years of experience in regional tourism marketing in the
Peconic region. The number of such representatives of owners and tenants
shall be in an equitable proportion as determined by agreement of the
participating towns. The board shall include, in addition, a member from
each participating town appointed by the governing body of each partic-
ipating town.
(e) The district authorized by this act may be dissolved by local law
adopted by each of the 5 towns, upon its own motion, or upon the written
petition of: (1) the owners of at least fifty-one percent or more of the
total assessed valuation of all benefited real property included in the
boundaries of the district; and (2) at least fifty-one percent of the
S. 6040 3 A. 7702
owners of benefited real property within the area included in the
district. The towns shall request and consider the recommendations of
the district management association concerning any proposed dissolution;
provided that if the association has not submitted recommendations to
towns within 60 days after the request therefor, the towns may adopt any
such proposed dissolution without considering such recommendations. In
the event of dissolution, all assets of the district shall revert to the
towns to be apportioned as agreed to by the towns and utilized solely
for tourism promotion in each respective town. A certified copy of the
order of dissolution shall be filed with the state comptroller at Alba-
ny, New York.
§ 7. Severability. If any provision of this act or the application
thereof shall for any reason be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair or
invalidate the remainder of this act, but shall be confined in its oper-
ation to the provision thereof directly involved in the controversy in
which the judgment shall have been rendered.
§ 8. This act shall take effect immediately.