S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4417
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2017
                                ___________
 
 Introduced  by  M.  of A. CUSICK, PAULIN, MOSLEY, SKOUFIS, RA, SALADINO,
   ZEBROWSKI, PEOPLES-STOKES, MAGNARELLI, RIVERA,  GOTTFRIED,  McDONOUGH,
   GIGLIO,  MURRAY  --  Multi-Sponsored  by  -- M. of A. ABBATE, BARCLAY,
   BUCHWALD, ENGLEBRIGHT, GARBARINO, LUPARDO,  MAGEE  --  read  once  and
   referred  to the Committee on Tourism, Parks, Arts and Sports Develop-
   ment
 
 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.
   §  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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00531-01-7
              

 A. 4417                             2
 
   (C) PROVIDE SUITABLE FACILITIES AND PERSONNEL FOR  THE  CONDUCTING  OF
 EACH TYPE OF EMPIRE STATE GAMES.
   §  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.
   § 2. This act shall take effect immediately.