S T A T E   O F   N E W   Y O R K
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                                  4256

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 2, 2011
                               ___________

Introduced by M. of A. ENGLEBRIGHT, AUBRY, SCHROEDER, SCARBOROUGH, WEIS-
  ENBERG,  REILLY,  SPANO,  TITONE,  SWEENEY,  STEVENSON,  N. RIVERA  --
  Multi-Sponsored by -- M. of A.   DESTITO, GABRYSZAK,  MAGEE,  McENENY,
  PRETLOW, THIELE -- read once and referred to the Committee on Tourism,
  Parks, Arts and Sports Development

AN  ACT to amend the parks, recreation and historic preservation law, in
  relation to the empire state games

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

  Section  1.  The  parks,  recreation  and historic preservation law is
amended by adding a new article 8 to read as follows:
                                ARTICLE 8
                           EMPIRE STATE GAMES
SECTION 8.01 EMPIRE STATE GAMES.
        8.03 ADVISORY COUNCIL.
  S 8.01 EMPIRE STATE GAMES. 1. THE OFFICE BY AND  THROUGH  THE  COMMIS-
SIONER  IS  HEREBY DIRECTED TO PROVIDE FOR SUPPORTING AND CONDUCTING THE
EMPIRE STATE GAMES ON AN ANNUAL BASIS. SUCH GAMES SHALL INCLUDE, BUT NOT
BE LIMITED TO, SUMMER AND WINTER GAMES FOR OPEN COMPETITION, SENIORS AND
HANDICAPPED GAMES.
  2. THE OFFICE SHALL EXERCISE ITS DUTIES PURSUANT TO THIS  ARTICLE,  IN
CONSULTATION  WITH  AND UPON THE RECOMMENDATIONS OF THE ADVISORY COUNCIL
ESTABLISHED PURSUANT TO SECTION 8.03 OF THIS ARTICLE.
  3. THE OFFICE IN FURTHERANCE OF THE PROVISIONS OF THIS ARTICLE SHALL:
  (A) SECURE FUNDING FOR THE EMPIRE STATE GAMES.  THE  SOURCES  OF  SUCH
FUNDING  SHALL  INCLUDE,  BUT  NOT BE LIMITED TO, APPROPRIATIONS, GIFTS,
BEQUESTS, THE  ESTABLISHMENT  OF  PUBLIC/PRIVATE  PARTNERSHIPS  AND  THE
ESTABLISHMENT OF NOT-FOR-PROFIT FOUNDATIONS FOR SUCH PURPOSE;
  (B) DETERMINE THE SITE OF EACH TYPE OF EMPIRE STATE GAMES; AND
  (C)  PROVIDE  SUITABLE  FACILITIES AND PERSONNEL FOR THE CONDUCTING OF
EACH TYPE OF EMPIRE STATE GAMES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08194-02-1
              

A. 4256                             2

  S 8.03 ADVISORY COUNCIL. 1. THE COMMISSIONER SHALL ESTABLISH AN  ADVI-
SORY COUNCIL ON THE EMPIRE STATE GAMES TO RESEARCH AND PROVIDE RECOMMEN-
DATIONS  FOR  THE  MOST EFFICIENT AND EFFECTIVE MANNER OF CONDUCTING THE
EMPIRE STATE GAMES.
  2. THE ADVISORY COUNCIL SHALL BE COMPOSED OF SIXTEEN MEMBERS APPOINTED
AS  FOLLOWS:  (A)  EIGHT MEMBERS SHALL BE APPOINTED BY THE COMMISSIONER,
(B) TWO MEMBERS SHALL BE APPOINTED BY  THE  GOVERNOR,  (C)  TWO  MEMBERS
SHALL  BE  APPOINTED  BY  THE TEMPORARY PRESIDENT OF THE SENATE, (D) TWO
MEMBERS SHALL BE APPOINTED BY THE  SPEAKER  OF  THE  ASSEMBLY,  (E)  ONE
MEMBER  SHALL BE APPOINTED BY THE MINORITY LEADER OF THE SENATE, AND (F)
ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER  OF  THE  ASSEMBLY.
THE  MEMBERS  OF  THE  ADVISORY COUNCIL SHALL HAVE EXPERTISE IN FINANCE,
FUNDRAISING AND/OR ATHLETICS. THE APPOINTEES SHALL BE BROADLY  REPRESEN-
TATIVE  OF  THE  GEOGRAPHIC  AREAS OF THE STATE. MEMBERS OF THE ADVISORY
COUNCIL SHALL  RECEIVE  FROM  STATE  FUNDS  NO  COMPENSATION  FOR  THEIR
SERVICES  NOR  THEIR  ACTUAL  AND  NECESSARY  EXPENSES  INCURRED  IN THE
PERFORMANCE OF THEIR DUTIES; PROVIDED,  HOWEVER,  SUCH  MEMBERS  MAY  BE
REIMBURSED  FOR  THEIR  ACTUAL  AND  NECESSARY  EXPENSES INCURRED IN THE
PERFORMANCE OF THEIR DUTIES IF  SUCH  REIMBURSEMENT  IS  PROVIDED  BY  A
PRIVATE SOURCE.
  3.  THE ADVISORY COUNCIL MAY REQUEST AND SHALL RECEIVE FROM THE OFFICE
SUCH FACILITIES, RESOURCES AND DATA AS IT MAY NEED TO PROPERLY CARRY OUT
ITS POWERS AND DUTIES PURSUANT TO THIS ARTICLE.
  4. THE ADVISORY COUNCIL SHALL ADVISE THE OFFICE ON ALL ASPECTS OF  THE
CONDUCTING  AND  FUNDING  OF  THE EMPIRE STATE GAMES, INCLUDING, BUT NOT
LIMITED TO:
  (A) PUBLIC AND PRIVATE SOURCES OF FUNDING;
  (B) THE ESTABLISHMENT OF A NOT-FOR-PROFIT  FOUNDATION  FORMED  SPECIF-
ICALLY TO FUND THE EMPIRE STATE GAMES;
  (C)  THE ESTABLISHMENT OF PUBLIC/PRIVATE PARTNERSHIPS TO PROVIDE FUND-
ING FOR ANY PORTION OF THE EMPIRE STATE GAMES;
  (D) SUITABLE LOCATIONS FOR THE CONDUCTING OF THE EMPIRE STATE GAMES;
  (E) A DETERMINATION OF THE TOTAL PROJECTED COSTS OF THE  EMPIRE  STATE
GAMES;
  (F)  ALTERNATIVE  SOURCES  OF FUNDING IF STATE APPROPRIATIONS THEREFOR
ARE REDUCED OR ELIMINATED;
  (G) DETERMINATIONS OF THE ECONOMIC VIABILITY AND COSTS  OF  CONDUCTING
THE EMPIRE STATE GAMES IN EACH OF THE VARIOUS REGIONS OF THE STATE; AND
  (H)  A  DETERMINATION  OF  THE MEANS BY WHICH TO MAKE THE EMPIRE STATE
GAMES THE MOST ECONOMICALLY VIABLE TO THE STATE AND ITS RESIDENTS.
  5. THE ADVISORY COUNCIL SHALL MEET NOT  LESS  THAN  THREE  TIMES  EACH
CALENDAR  YEAR. FURTHERMORE, THE COUNCIL SHALL REPORT ITS FINDINGS ON OR
BEFORE THE FIRST DAY OF JANUARY AND JULY TO THE  GOVERNOR,  THE  OFFICE,
THE  TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE
MEMBERS OF THE SENATE COMMITTEE ON CULTURAL AFFAIRS, TOURISM, PARKS  AND
RECREATION, AND THE MEMBERS OF THE ASSEMBLY COMMITTEE ON TOURISM, PARKS,
ARTS AND SPORTS DEVELOPMENT.
  S 2. This act shall take effect immediately.