S T A T E   O F   N E W   Y O R K
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                                  3565

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2009
                               ___________

Introduced by M. of A. PERRY, ENGLEBRIGHT -- Multi-Sponsored by -- M. of
  A.  ARROYO,  BRENNAN, COOK, MILLMAN, ORTIZ, J. RIVERA, ROBINSON, SCAR-
  BOROUGH, TOWNS -- read once and referred to the Committee on  Tourism,
  Arts and Sports Development

AN  ACT to amend the education law, in relation to creating the New York
  schools sports and recreation program and establishing  the  New  York
  city  schools  sports  and recreation advisory committee; and to amend
  the state finance law,  in  relation  to  establishing  the  New  York
  schools sports and recreation fund

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative findings and  intent.  The  legislature  hereby
finds  that participation in organized extracurricular sports and recre-
ational programs provides students with valuable physical and  emotional
benefits.    Such  programs  are a significant and important aspect of a
child's education. The legislature further finds that such programs  are
underfunded  and  in  need  of  financial  support. Therefore, it is the
intent of the legislature to provide a solution to the problem of  fund-
ing  such  sports and recreational programs by establishing the New York
city schools sports and recreation advisory committee and the  New  York
schools sports and recreation fund.
  S 2. The education law is amended by adding a new article 10-E to read
as follows:
                              ARTICLE 10-E
           THE NEW YORK SCHOOLS SPORTS AND RECREATION PROGRAM
SECTION 500-A. THE NEW YORK SCHOOLS SPORTS AND RECREATION FEE PROGRAM.
        500-B.  THE NEW YORK CITY SCHOOLS SPORTS AND RECREATION ADVISORY
                 COMMITTEE.
  S 500-A. THE NEW YORK SCHOOLS SPORTS AND RECREATION FEE PROGRAM.    1.
NOTWITHSTANDING  ANY  OTHER  PROVISION  OF LAW TO THE CONTRARY, ANY CITY
WITH A POPULATION OF ONE  HUNDRED  FIFTY  THOUSAND  OR  MORE  IS  HEREBY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02085-01-9
              

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AUTHORIZED  AND EMPOWERED TO ADOPT AND AMEND ITS LOCAL LAWS IMPOSING, IN
ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE, A TWENTY-FIVE  CENT  FEE
UPON  THE  TICKET  PRICE  OF FOUR DOLLARS OR MORE FOR ANY SPORTING EVENT
HELD WITHIN SUCH CITY.
  2.  ALL  MONEYS  COLLECTED PURSUANT TO SUBDIVISION ONE OF THIS SECTION
AND ALL INCREMENTS TO THE PRINCIPAL DERIVED FROM INVESTMENT GAIN, INTER-
EST ACCUMULATION, AND OTHER SOURCES OF INCOME SHALL  ONLY  BE  DEPOSITED
INTO  THE  NEW YORK SCHOOLS SPORTS AND RECREATION FUND AS ESTABLISHED IN
SECTION 97-JJJJ OF THE STATE FINANCE LAW.
  3. (A) THE AMOUNT OF EARNINGS AND ACCUMULATED INCOME UPON THE  PRINCI-
PAL  OF  THE  FUND  FOR  THE PRIOR FISCAL YEAR, AS REPORTED BY THE COMP-
TROLLER ON AUGUST FIFTEENTH ANNUALLY, SHALL BE AVAILABLE  FOR  APPROPRI-
ATION  TO  THE  NEW  YORK  CITY  SCHOOLS  SPORTS AND RECREATION ADVISORY
COMMITTEE OR TO THE SCHOOL BOARD OF A CITY IMPOSING A SPORTS AND  RECRE-
ATION  FEE  PURSUANT  TO  SUBDIVISION  ONE OF THIS SECTION. ANY FUNDS SO
APPROPRIATED SHALL  BE  EXPENDED  FOR  SPORTS  AND  RECREATION  PROGRAMS
AUTHORIZED BY THE SCHOOL BOARD IN SUCH CITY OR THE NEW YORK CITY SCHOOLS
SPORTS AND RECREATION ADVISORY COMMITTEE IN THE CITY OF NEW YORK, PURSU-
ANT TO THE PROVISIONS OF SECTION FIVE HUNDRED-B OF THIS ARTICLE.
  (B)  SEVENTY-FIVE  PERCENT  OF  SUCH MONEYS SHALL BE DISBURSED FOR THE
SPORTS AND RECREATIONAL PROGRAMS OF PUBLIC SCHOOLS LOCATED  WITHIN  SUCH
CITY'S  SCHOOL  DISTRICT  AND TWENTY-FIVE PERCENT SHALL BE DISBURSED FOR
THE SPORTS AND RECREATIONAL PROGRAMS OF NON-PUBLIC SCHOOLS LOCATED WITH-
IN SUCH CITY. ALL EXPENDITURES FROM THE FUND FOR THE  PURPOSES  OF  THIS
SECTION  SHALL  BE MADE ON THE AUDIT AND WARRANT OF THE COMPTROLLER UPON
VOUCHERS APPROVED BY THE PRESIDENT OF SUCH CITY'S BOARD OF EDUCATION, OR
BY THE CHANCELLOR OF THE CITY SCHOOL DISTRICT IN THE CASE  OF  THE  CITY
SCHOOL DISTRICT OF THE CITY OF NEW YORK.
  S  500-B.  THE  NEW  YORK  CITY SCHOOLS SPORTS AND RECREATION ADVISORY
COMMITTEE. 1. THERE IS HEREBY CREATED THE NEW YORK CITY  SCHOOLS  SPORTS
AND  RECREATION ADVISORY COMMITTEE, TO BE APPOINTED BY THE CHANCELLOR OF
THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK. SUCH  COMMITTEE  SHALL
CONSIST  OF  ELEVEN MEMBERS WHO HAVE SUBMITTED APPLICATIONS FOR APPOINT-
MENT OR HAVE BEEN RECOMMENDED FOR APPOINTMENT  BY  PUBLIC  OFFICIALS  OR
SCHOOL  ADMINISTRATORS:  FIVE  OF  WHOM SHALL BE PARENTS OF A STUDENT IN
ATTENDANCE AND REGISTERED IN A SPORTS OR RECREATION PROGRAM AT A  PUBLIC
SCHOOL  LOCATED  WITHIN THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK
REPRESENTATIVE OF EACH BOROUGH AND CHOSEN BY SUCH BOROUGH PRESIDENT, ONE
OF WHOM SHALL BE A PARENT OF A STUDENT IN ATTENDANCE AND REGISTERED   IN
A SPORTS OR RECREATION PROGRAM AT A NON-PUBLIC SCHOOL LOCATED WITHIN THE
CITY  SCHOOL  DISTRICT  OF THE CITY OF NEW YORK, ONE OF WHOM SHALL BE AN
ATHLETIC DIRECTOR OR COACH FROM A PUBLIC SCHOOL LOCATED WITHIN THE  CITY
SCHOOL DISTRICT OF THE CITY OF NEW YORK, ONE OF WHOM SHALL BE AN ATHLET-
IC  DIRECTOR  OR  COACH FROM A NON-PUBLIC SCHOOL LOCATED WITHIN THE CITY
SCHOOL DISTRICT OF THE CITY OF NEW YORK, ONE OF WHOM SHALL BE A  STUDENT
IN  ATTENDANCE  AND  REGISTERED  IN  A SPORTS OR RECREATION PROGRAM AT A
PUBLIC SCHOOL LOCATED WITHIN THE CITY SCHOOL DISTRICT OF THE CITY OF NEW
YORK, ONE OF WHOM SHALL BE A STUDENT IN ATTENDANCE AND REGISTERED  IN  A
SPORTS  OR  RECREATION PROGRAM AT A NON-PUBLIC SCHOOL LOCATED WITHIN THE
CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK AND THE CHANCELLOR  OF  THE
CITY  SCHOOL  DISTRICT  OF  THE CITY OF NEW YORK OR HIS OR HER REPRESEN-
TATIVE.
  2. EACH MEMBER OF THE COMMITTEE SHALL SERVE  A  TERM  OF  THREE  YEARS
WITHOUT  REMUNERATION;  PROVIDED,  HOWEVER,  THAT  THE STUDENT REPRESEN-
TATIVES SHALL SERVE FOR A TERM OF ONE YEAR AND BE REIMBURSED FOR HIS  OR
HER  ACTUAL  TRAVEL EXPENSES. THE CHANCELLOR OF THE CITY SCHOOL DISTRICT

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OF THE CITY OF NEW YORK SHALL HAVE THE POWER TO REMOVE MEMBERS AND REAP-
POINT MEMBERS.
  3.  THE CHANCELLOR OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK
SHALL NAME A CHAIRPERSON OF THE COMMITTEE AND SHALL ESTABLISH THE  RULES
OF OPERATION OF THE COMMITTEE.
  4.  SUCH  COMMITTEE SHALL ADVISE AND MAKE RECOMMENDATIONS TO THE CHAN-
CELLOR OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK AS  TO  WHICH
SCHOOL SPORTS AND RECREATION PROGRAMS ARE DETERMINED BY THE COMMITTEE TO
BE ELIGIBLE FOR FINANCIAL SUPPORT. FOR THE PURPOSE OF DETERMINING ELIGI-
BILITY,  THE  COMMITTEE  SHALL  CONSIDER PROGRAMS INVOLVING THE GREATEST
NUMBER OF PARTICIPANTS.
  5. THE CHANCELLOR OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW  YORK
SHALL  ESTABLISH AND PERIODICALLY UPDATE A LIST OF INTERESTED VOLUNTEERS
AND PERSONS RECOMMENDED FOR APPOINTMENT BY PUBLIC  OFFICIALS  OR  SCHOOL
ADMINISTRATORS FROM WHICH APPOINTMENTS TO SUCH COMMITTEE SHALL BE MADE.
  6.  THE CHANCELLOR OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK
SHALL EXERCISE DUE DILIGENCE TO INSURE THAT SUCH COMMITTEE'S COMPOSITION
PROVIDED EQUAL GEOGRAPHIC REPRESENTATION.
  S 3. The state finance law is amended by adding a new section  97-jjjj
to read as follows:
  S  97-JJJJ. THE NEW YORK SCHOOLS SPORTS AND RECREATION FUND. 1.  THERE
IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE  COMPTROLLER  AND  THE
COMMISSIONER  OF  TAXATION AND FINANCE AN ACCOUNT TO BE KNOWN AS THE NEW
YORK SCHOOLS SPORTS AND RECREATION FUND. SUCH ACCOUNT SHALL  CONSIST  OF
ALL  FEES  RECEIVED  PURSUANT TO SECTION FIVE HUNDRED-A OF THE EDUCATION
LAW AND ALL OTHER MONIES CREDITED OR TRANSFERRED THERETO FROM ANY  OTHER
FUND OR SOURCE PURSUANT TO LAW.
  2. FEES RECEIVED FROM A CITY PURSUANT TO SECTION FIVE HUNDRED-A OF THE
EDUCATION  LAW  SHALL BE KEPT SEPARATE FROM THE MONIES RECEIVED FROM ANY
OTHER CITY DEPOSITING MONEY PURSUANT TO SECTION FIVE  HUNDRED-A  OF  THE
EDUCATION  LAW  AND  SHALL  BE CREDITED ONLY TO THE CITY DEPOSITING SUCH
MONIES.
  3. THE COMPTROLLER SHALL INVEST AND KEEP INVESTED ALL MONEYS BELONGING
TO THE FUND IN THE MANNER AUTHORIZED BY  SECTION  NINETY-EIGHT  OF  THIS
ARTICLE.
  4.  COMMENCING  ON OR BEFORE AUGUST FIFTEENTH, TWO THOUSAND ELEVEN AND
ON OR BEFORE THE FIFTEENTH DAY OF AUGUST OF EACH  SUCCEEDING  YEAR,  THE
COMPTROLLER SHALL ISSUE A CERTIFICATE OF EARNINGS AND ACCUMULATED INCOME
UPON  THE  PRINCIPAL  OF  SUCH FUND AS OF THE END OF THE PRECEDING STATE
FISCAL YEAR TO THE PRESIDENT OF THE SCHOOL BOARD, OR TO  THE  CHANCELLOR
OF  THE  CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK IN THE CASE OF THE
CITY SCHOOL DISTRICT OF THE CITY OF NEW  YORK.  SUCH  CERTIFICATE  SHALL
ALSO  INCLUDE  A  STATEMENT  OF  ACCUMULATED INCOME FOR THE PRIOR FISCAL
YEARS REMAINING UNEXPENDED AT THE CLOSE OF SUCH YEAR.
  5. MONIES OF THE ACCOUNT MAY BE EXPENDED PURSUANT TO  SUBDIVISION  TWO
OF  SECTION  FIVE  HUNDRED-A OF THE EDUCATION LAW.  MONIES SHALL BE PAID
OUT OF THE ACCOUNT UPON THE AUDIT AND WARRANT OF THE  STATE  COMPTROLLER
PURSUANT TO SUCH SECTION.
  6.  THE  MONIES  HELD IN OR CREDITED TO THE FUND SHALL BE EXPENDED FOR
THE PURPOSES SET FORTH IN SECTION FIVE HUNDRED-A OF THE  EDUCATION  LAW,
AND MAY NOT BE INTERCHANGED OR COMMINGLED WITH ANY OTHER ACCOUNT OR FUND
BUT MAY BE COMMINGLED WITH ANY OTHER FUND FOR INVESTMENT PURPOSES.
  S  4.  This  act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that if no eligible city adopts  a
local  law  pursuant  to  section 500-a of the education law as added by
section two of this act, this act shall be deemed repealed 1 year  after

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such  date provided that the New York city schools sports and recreation
advisory committee shall notify the legislative bill drafting commission
upon the occurrence of the enactment of the legislation provided for  in
this act in order that the commission may maintain an accurate and time-
ly  effective data base of the official text of the laws of the state of
New York in furtherance of effecting the provisions of section 44 of the
legislative law and section 70-b of the public officers law.