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

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 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.