S T A T E O F N E W Y O R K
________________________________________________________________________
4735
2015-2016 Regular Sessions
I N S E N A T E
April 13, 2015
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Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when
printed to be committed to the Committee on Cultural Affairs, Tourism,
Parks and Recreation
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.
S 8.03 ADVISORY COUNCIL. 1. THE COMMISSIONER SHALL ESTABLISH AN ADVI-
SORY COUNCIL ON THE EMPIRE STATE GAMES TO RESEARCH AND PROVIDE RECOMMEN-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09553-01-5
S. 4735 2
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.