S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    84
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced by M. of A. PERRY, ENGLEBRIGHT -- Multi-Sponsored by -- M. of
   A.  ARROYO,  COOK,  ORTIZ,  RIVERA  --  read  once and referred to the
   Committee on Tourism, Parks, 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.
   § 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.
   §  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.
                                                            LBD02408-01-9

 A. 84                               2
 
 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 NINETY-SEVEN-BBBB 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.
   §  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

 A. 84                               3

 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
 PROVIDES EQUAL GEOGRAPHIC REPRESENTATION.
   § 3. The state finance law is amended by adding a new section  97-bbbb
 to read as follows:
   §  97-BBBB. 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 TWENTY-ONE
 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 CHAN-
 CELLOR 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.
   § 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

 A. 84                               4
 
 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.