New York State Assembly - 1997 Annual Report - Committee on Tourism, Arts and Sports Development

The Honorable Sheldon Silver
Speaker of the Assembly
Room 349, State Capitol
Albany, New York 12248

It is with pleasure that I submit to you the 1997 Annual Report of the Assembly Tourism, Arts and Sports Development Committee. It was a notable year and I appreciate your support and continued confidence in the work of the Committee.

In 1997, the Committee resisted attempts by the Governor and the Senate to remove consumer protection measures from the State's ticket scalping statute. After many months of negotiations, the Senate finally passed the Assembly bill extending the current law. The Committee will continue its fight for the enactment of a meaningful ticket scalping law, one which protects consumers while being mindful of the interests of legitimate businesses and venues.

The Committee continued its efforts to restore funds for the wide range of activities under its jurisdiction allowing tourism and economic development activities to flourish in our State. The "I

NY" advertising program retained its current appropriation while the Tourism Matching Funds Program was increased by $750,000. The Council on the Arts also received a funding increase of $3 million for grants to non-profit cultural institutions.

The Committee accomplished several goals this session in a variety of areas: legislation was enacted to establish a New York State Freedom Trail Program; allow for public/private partnerships for certain State park initiatives to be entered into for periods not to exceed forty years; require snowmobilers to wear protective helmets; ban combative sporting events; designate November as New York State History Month; and to provide for promotion of the New York State Halls of Fame.

In 1998, the Committee will continue to research new ways to promote and develop tourism and expand assistance for the arts community. The Committee and I look forward to working with you and meeting the challenges in the fields of tourism, arts, and sports for the economic activity they can trigger and the quality they bring to life in New York State.

Paul A. Tokasz, Chairman
Assembly Tourism, Arts and Sports Development Committee

Majority	Minority
Richard L. Brodsky	Choe Ann R. O'Neil, Ranking Minority Member
Anthony J. Genovesi	Donna Ferrara
Edward C. Sullivan	John Guerin
Steven Englebright	Elizabeth Little
Sam Hoyt	James D. Conte
David Sidikman
Jacob E. Gunther, III
Naomi Matusow
John J. McEneny
Audrey I. Pheffer
Debra Mazzarelli

Frank McNally, Legislative Coordinator
Meg Consler, Legislative Associate
Kristie Killough-Ali, Associate Counsel
Maggie Duffy, Legislative Assistant
Barbara Skop, Committee Clerk
Lisa A. Allen, Program and Counsel Secretary

The Committee on Tourism, Arts and Sports Development considers legislation aimed at stimulating tourism, culture, recreation, and sports. Its goal is to advance the economic development of New York State and to improve the quality of life for its residents and visitors. The Committee is concerned with the preservation of natural, cultural, historical, and recreational resources, the safety of participants, and the protection of consumer and business interests.

The Committee's jurisdiction includes the Division of Tourism, Advertising and Business Marketing of the Department of Economic Development, the New York State Council on the Arts, the Office of Parks, Recreation and Historic Preservation, and the State Athletic Commission. Committee actions primarily affect the Arts and Cultural Affairs Law, the Economic Development Law, the Parks, Recreation and Historic Preservation Law, and Chapter 912 of the Laws of 1920, as amended, which governs the conduct of professional boxing and wrestling.

The Committee considered 34 bills at 12 meetings. It reported 33 Assembly bills, of which 27 passed the Assembly. 15 were signed into law.

Assembly calls for $40 million Arts Capital Program. $425 million Community Enhancement Facilities Program provides a new source of capital construction funds for arts and cultural facilities.

Funding for the "I

NY" advertising program remained the same as last year's appropriation, for a total of $11,015,000 to market and promote New York's tourism opportunities. The Tourism Matching Funds Program, which provides State dollars to match qualified local and regional advertising programs, was increased by $750,000 above the Governor's request, for a total appropriation of $4,276,600.

The Legislature added $3 million to the New York State Council on the Arts providing a total of $30.8 million for grants to be awarded to pre-professional art and cultural organizations, such as museums, dance companies, folk arts and theaters throughout New York State.

Early in the budget process, the Assembly proposed a $40 million capital construction program to build, expand and renovate arts institutions across the state. The end result of this initiative is the $425 million Community Enhancement Facilities Assistance Program. This budget program provides a new source of capital construction funds for arts and cultural facilities.

The Legislature provided $10.3 million in funding for several local projects through the Office of Parks, Recreation and Historic Preservation's Natural Heritage Program.

The Legislature was also successful in denying all proposals to double recreational boat fees.

There have been attempts made by the Committee over the past several years to update the State's ticket scalping statute. The Committee has concentrated on the need to protect consumers from paying exorbitant ticket prices by insisting that caps on the price of resold tickets remain intact. While the cap of 10% or $5 on the price of a resold ticket, which has been the cap since 1991, may be unrealistically low, Governor Pataki's original proposal of eliminating any cap and allowing "market forces" to dictate the price of tickets was too drastic, even if only on a trial basis. New Jersey has tried this approach by temporarily suspending their limits on ticket prices for 18 months in 1996. In their April, 1997, report on the effects of this moratorium, the New Jersey Division on Consumer Affairs concluded that "there is no persuasive evidence that suggests that the so-called free market approach to ticket resales has lowered prices or made more tickets available to consumers."

In an effort to increase the resale cap to a reasonable level while ensuring that the consumers interests were protected, the Committee introduced a bill (A.5453-A, Tokasz) which would have increased the resale cap to 25% while adding several new and significant consumer protection measures. For instance, Assembly Bill 5453-A would require that the 25% resale cap include all service charges. A.5453-A also would require disclosure of the percentage of tickets available for public sale, establish a refund policy for ticket resellers, extend the no-resale-zone for major venues from 1,000 feet to 1,500 feet and establish additional disclosure requirements for sellers and resellers of tickets, such as the exact location of the seats and any additional fees charged. This bill was reported to the Assembly Ways and Means Committee where it was not acted on before the end of the Legislative Session.

When it became clear that a revised ticket scalping law would not be enacted before the June 1 sunset of the 1991 law, the Assembly passed A.8056, which extended the provisions of the ticket scalping statute to June 1, 1998. Unfortunately, the Senate and the Governor refused to act and the law expired on June 1 of this year. The older law, which took effect after the sunset, was much less restrictive, providing for no buffer zone and decreased penalties, and was much more difficult to enforce by allowing for only a 2% cap on the price of resold tickets.

In September, 1997, the New York State Yankees advanced to the American League playoffs, prompting the Governor and the Senate to act on the expired ticket scalping statute. The Senate returned for a special Legislative Session on September 22 and passed A.8056, which was signed Chapter 632 by the Governor and extended the 1991 ticket scalping law to June 1, 1998.

Combative sports, such as Ultimate or Extreme Fighting, consist of bare-knuckled fights in which different techniques of kick boxing, boxing, wrestling and martial arts are used by the opponents. Chapter 703 of 1996 authorized the State Athletic Commission to regulate combative sports, essentially allowing such events to take place in the State as long as the participants did not eye-gouge, bite or kick to the throat.

The first combative sporting event under the new State regulations was scheduled to take place in Niagara Falls earlier this year. The announcement of this event resulted in a public movement to ban the violent sport referred to by some as "human cockfighting." This outcry centered around the barbaric nature of the sport with rules that allowed anything except eye-gouging or biting.

Chapter 14 of the Laws of 1997 repeals Chapter 703 of 1996 and bans combative sports. Persons who knowingly advance or profit from a combative sport activity are guilty of a class A misdemeanor for the first offense and guilty of a class E felony if he or she had been convicted of violating the ban in the previous five years. In addition, persons who knowingly advance or profit from a combative sport activity are subject to a civil penalty not to exceed $10,000 or double the gain derived from the violation for the first offense and $20,000 or double the gain derived from the violation for subsequent offenses.

The Tourism Advisory Council was originally created to advise the Department of Economic Development, the Governor and the Legislature concerning the development and improvement of tourism in the State. The Council's recommendations, however, would be best considered if the Legislature is provided with sufficient time to analyze and react to them.

Chapter 84 of the Laws of 1997 requires the Council to meet at least five times each year, including at least three times between January 1st and May 31st. The Council was previously only required to meet four times each year.

In 1994, the legislature designated an eight county area known as the Mohawk Valley Heritage Corridor and provided for the establishment of a planning commission to prepare a management plan. Chapter 110 of 1997 requires that the management plan be approved by the legislative body of each county included in whole or in part within the area prior to being submitted to the Commissioner for approval.

Chapter 371 creates the Mohawk Valley Heritage Corridor Commission to implement the state approved management plan for the Mohawk Valley Heritage Corridor. The law also establishes the membership for the commission and defines its powers and duties.

Chapter 574 establishes the New York State Freedom Trail Program and the New York State Freedom Trail Commission. The twelve member Commission will review and assist in the implementation of a master plan for the Freedom Trail and identify sites eligible for the national or State Registers of Historic Places. The Commissioner of the State Education Department is also directed to conduct a study which would assist the Freedom Trail Commission in developing the master plan.

On May 15, 1997, Congressmen Louis Stokes (D-Ohio) and Rob Portman (R-Ohio) introduced HR 1635 The National Underground Railroad Network to Freedom Act of 1997. The congressional proposal would authorize the National Parks Service to coordinate and facilitate federal and non-federal activities that would honor and help people learn more about the Underground Railroad. By establishing the New York State Freedom Trail, New York State is in an excellent position to participate in the development of the national network.

Chapter 113 designates November as New York State history month to celebrate the history of the State and recognize the contributions of state and local historians. The Commissioner of Education is authorized to undertake projects to recognize New York State history month, which may include an essay contest for elementary or secondary education students.

There are several nationally recognized Halls of Fame in New York State, including Baseball, Boxing, Horse Racing and Soccer. These institutions, collectively, provide a unique opportunity to attract tourism to New York State.

Chapter 625 requires the Commissioner of Economic Development to establish, in consultation with the New York State Tourism Advisory Council, a New York Hall of Fame "passport," permitting admission to the recognized Halls of Fame situated within the State. The Tourism Advisory Council is also authorized and directed to consult with the directors of the halls of fame to establish a coordinated tourism promotion program for the New York State based Halls of Fame and to make recommendations to the Commissioner, which shall include the design and implementation of the passport permitting admission. The Halls of Fame are also added to the list of tourism-related industries from which the Governor chooses appointments to the Council.

Snowmobiles do not have passenger restraints. As a result, snowmobilers may be ejected from the snowmobile in the case of an accident, and head injuries can easily occur. Protective helmets are currently required for operators and passengers of all terrain vehicles and motorcycles and for operator and passengers of bicycles who are less than fourteen years of age. Chapter 228 would require that operators and passengers on snowmobiles wear protective helmets when not on their private property.

Under the previous law, a boater convicted of operating a vessel recklessly was required to take a boater safety course only when operator privileges were suspended. However, if the boater's privileges were not suspended, as is often the case for first offenses, the court did not have the ability to require the offender to take the course.

Chapter 236 provides the court the option of requiring a boater who is convicted of reckless operation to take an approved boating safety course.

Chapter 519 permits extended leases of up to forty years for services provided at the observation tower at Niagara Reservation State Park, the brick cottage and associated outbuildings at John Jay Homestead State Historic Site, Hoyt House and the barns at Ogden Mills and Ruth Livingston Mills State Park, and the outbuildings at Olana State Historic Site. All revenues generated from these agreements would be deposited into the State Parks Infrastructure Fund (SPIF).

Leases of up to twenty years are currently authorized throughout the parks and historic sites system. Extended leases of up to forty years are authorized for various individual sites. These longer term leases are necessary for certain sites which are in need of extensive renovation or development. In these instances, it would be difficult for a return on the investment to be realized within a 20 year time span.

Chapter 302 streamlines the New York City Cultural Resources Trust process by allowing agreements to be executed early in the process and by eliminating certain costly redundancies, and by adding an alternative method of City approval for a combined use project. Previously, properties applying for funding from the Trust had to be owned by either the City of New York or by the cultural institution for at least five years. This law allows for the Mayor of the City to approve projects which do not meet these strict standards. These changes will ensure that projects, such as the proposed Lincoln Center project in New York City, proceed.

Current law prohibits recording contracts longer than three years for New Yorkers. This handicaps young artists in New York State by placing them at a disadvantage vis-a-vis young performers in other states without this restriction. At the same time, however, this law seeks to protect young performers by requiring that they be represented by qualified counsel when entering into any contract extending beyond three years.

This law allows for personal service contracts entered into by a minor to extend for a period of not more than three years or for a period of not more than seven years if the court finds that the minor is represented by a qualified counsel experienced with entertainment industry law and practice.

This bill seeks to stop the destruction of essential State assets by the materials used in their creation. Acids, inherent in the raw materials or introduced in the process of manufacturing paper, cause the paper to become brittle and crumble.

A.5390 would require a State agency to print records of enduring value and other significant State publications on permanent/durable paper or on another medium that will foster continuing retention and accessibility of such records.

Vetoed by the Governor in 1996 and again this year, the Governor's veto message argued that "the current statutory structure both protects important State records for future generations and gives State agencies latitude to determine which documents are best preserved on durable paper and which documents should be preserved using alternative means."

There has been much debate over what constitutes appropriate management techniques within State parks. One particular area of concern has been the issue of timber management, including commercial logging. The Governor and the Commissioner of Parks, Recreation and Historic Preservation have announced publicly that it is their intention to reject any management plan that includes provisions for commercial logging.

A.6347-D would enact this ethic into law and prohibit commercial logging within State parks. The Commissioner would be prohibited from entering into any agreement which allows logging of timber located within a State park or historic site and from selling or converting timber, forest products, or other natural resources located within a State park or historic site.

According to the Office of Parks, Recreation and Historic Preservation, a life jacket was not worn by 26 of 31 victims of fatal water-related accidents in 1995. For decades New York State has required a life saving device, such as a life preserver or ring buoy, to be carried for each person aboard a recreational vessel. In addition, children under 12 years of age must wear certain types of life jackets when underway on most vessels.

Recently, however, the Federal government issued rules concerning life jacket carriage on boats which preempt New York State law. A.6652-A would conform New York State's law to the Federal rules by requiring that every boat have at least one life jacket, not simply a ring buoy, for each person on board, that every boat over 16 feet carry at least one throwable life preserver and that children wear a securely fastened wearable life jacket on a boat up to 65 feet when the vessel is underway.

Tourism is one of the top industries in New York State, employing 700,000 people annually. Direct tourist spending throughout the State accounts for over $21 billion a year, with another $20.4 billion generated through indirect economic activity. The State's 56,000 travel and tourism related businesses produce over $2 billion in tax revenues annually.

Since tourism is the second largest industry in New York's private sector, the Committee sponsored two roundtables on tourism, arts and sports development to better understand the industry and bring together the people who know the tourism potential of New York State.

Twenty-one panelists representing the major tourist destinations, arts institutes and sports organizations in Western New York led a discussion of tourism promotion and cross marketing in the region. The roundtable was successful in bringing to the forefront the importance of cross marketing and collaboration among tourism providers. The discussions also identified obstacles to increasing tourism in Western New York and examined possible solutions. A major portion of the event focused on Western New York promoting itself as a region more effectively.

Roundtable on Tourism in the Central Leatherstocking Region
December 3, 1997
Utica, New York

Similar to the Western New York Tourism Roundtable, this gathering of tourism related industries from the Central Leatherstocking Region offered an exchange of ideas and suggestions on how to maximize tourism promotion in the region. The roundtable also offered participants an opportunity to share their experiences and offer suggestions to their colleagues. Several important issues were raised, such as State funding of tourism promotion, the cost of energy for small businesses and signage for tourism attractions on State roadways.

The Committee has many issues on its agenda for next Session, aimed at promoting the growth of tourism and the arts as an engine for job creation in New York, protecting consumers and preserving the State's natural and cultural resources.

Funding. Amounts appropriated for arts grants have been slashed from approximately $54 million in 1989 to $36 million in the present fiscal year. The effect has been a reduction in services, programs and even an elimination of arts organizations, especially the smaller organizations serving ethnic and isolated communities which lack access to alternative funding sources. Arts services play an important role in education and the quality of life for all New Yorkers. The role of the arts is equally important in economic and tourism development, academic improvement, mental and physical therapy, senior services and other community development purposes. This year, the Committee was instrumental in increasing the State's commitment to the arts by $3 million for 1997-98 and will continue to focus on securing additional monies for arts grants in the future.

Encouraging Tourism. To further enhance tourism and recreation in our State, the safety of those who enjoy outdoor recreational activities must be secured. The Committee has held a public hearing on personal watercraft safety, or "jetski safety," to receive comment on the issues existing on inland waters as well as the waters on our shores. Other issues, such as education as to the equipment required and the nature of specific waterways, may also improve the safety of all jetskiers and other tourists. The Committee plans to use the testimony from the hearing to develop legislation that will help to prevent accidents by inexperienced jetskiers.

Consumer Protection. The State's law governing the sale and resale of tickets to places of entertainment, which has been in place for six years, needs revision. This law includes a 10% or $5 cap on the resale price of tickets, a no-resale zone of 1,000 feet around major venues, and penalty provisions for illegal ticket scalping. In 1997, the Committee was instrumental in fighting against any move toward removing the resale cap altogether and allowing the market forces to control the price of tickets. In future negotiations, the Committee will continue to fight against such anti-consumer measures in future negotiations. The Committee has also lead the charge to add more consumer protection measures to the ticket scalping statute, such as requiring refund policies and disclosure of the percentage of tickets available for public sale.

1997 Summary of Action on
All Bills Referred to the
COMMITTEE ON TOURISM, ARTS AND
SPORTS DEVELOPMENT

Final Action	Assembly Bills	Senate Bills	Total Bills
Bills Reported With or Without Amendment To Floor; not returning to Committee To Ways & Means Committee To Codes Committee To Rules Committee Total	5 18 7 4 34	0 0 0 0 0	5 18 7 4 34
Senate Bills Substituted or Recalled Substituted Recalled Total		1 0 1	1 0 1
Bills Having Committee Reference Changed	3	0	3
Bills Never Reported, Died in Committee	59	4	63
Bills Having Enacting Clause Stricken	4	0	4
TOTAL BILLS IN COMMITTEE	100	5	105

BILL #	SPONSOR	DESCRIPTION	CHAPTER
A.1612	Rivera	Extends the expiration date of free one day admission to the zoological park of the New York Zoological Society until July 1, 2000.	147
A.2718	Kaufman	Prohibits combative sports and repeals Chapter 708 of the Laws of 1996 relating to establishing protocols for combative sports.	14
A.3131	Rivera	Extends the authority of the New York Botanical Garden to impose a required fee for admission.	46
A.5422-A	Tokasz	Relates to penalties imposed for the reckless operation of a vessel.	236
A.5452-A	Tokasz	Increases the minimum number of meetings for the Tourism Advisory Council.	84
A.5530	Tokasz	Requires the operators of snowmobiles and their passengers to wear helmets.	228
A.6160	Tonko	Requires county approval for certain heritage areas.	110
A.6797-A	Tonko	Creates the Mohawk Valley Heritage Corridor Commission.	371
A.7066	McEneny	Designates November as New York State History Month.	113
A.7543-B	Rules (Tokasz)	Relates to the term of personal service contracts entered into by minors.	624
A.7544	Rules (Tokasz)	Makes changes to the Trust for Cultural Resources of the City of New York.	302
A.8029-A	Rules (Bragman)	Makes provisions with respect to the promotion of the Halls of Fame located within New York State.	625
A.8056	Rules (Tokasz)	Extends provisions relating to the licensing of ticket brokers until June 1, 1998.	632
A.8458-B	Rules (Eve)	Provides for preservation, education and commemoration in connection with the National Freedom Trail and Underground Railroad.	574
A.8466	Rules (Tokasz)	Relates to the power of the Commissioner of Parks, Recreation and Historic Preservation to enter into certain long-term contracts.	519
A.8511	Rules (Acampora)	Relates to the creation of a greenway and riverside park in the Town of Riverhead, Suffolk County.	528
BILL #	SPONSOR	DESCRIPTION	VETO
A.5390	Luster	Would require that state agencies print records of enduring value and significant state publications on durable paper.	7

BILL #	SPONSOR	DESCRIPTION
A.19	Bragman	Would allow for Onondaga County to be redesignated to a new tourism region.
A.1240	Destito	Would require Department of Economic Development to make regulations for the tourism matching funds program.
A.1552	Farrell	Would permit not-for-profit New York City cultural institutions to borrow for non-capital purposes and programs in order to lower their borrowing costs.
A.1957	Pillittere	Would authorize the Commissioner of Parks to enter into long-term agreements not to exceed forty years for the Observation Tower at Niagara Reservation.
A.4833-B	Gromack	Would provide for promotion of New York farmers' markets as part of the "I © NY" tourism campaign.
A.5352	Glick	Would create the New York City Parks, Trees and Urban Forestry Fund.
A.5529	Tokasz	Would authorize the regulation of snowmobile speed on public lands.
A.5781-A	Englebright	Would establish the north shore of Long Island as a state designated Heritage Area.
A.6347-D	Hoyt	Would prohibit the Commissioner of Parks from removing and selling timber from any State park except for safety and health reasons.
A.6652-A	Tokasz	Would improve marine safety and bring New York State law regarding Personal Flotation Devices (PFDs) into conformity with Federal Law.

I.	INTRODUCTION AND SUMMARY
II.	SUMMARY OF MAJOR ACTIVITIES
	A. 1997-98 State Budget
	Tourism
	Arts
	Parks
	B. Ticket Scalping Extender
	C. Ban on Combative Sports
III.	OTHER COMMITTEE ACTIVITIES
	A. Tourism Advisory Council
	B. Mohawk Valley Heritage Corridor
	C. New York State Freedom Rail Program
	D. NYS History Month
	E. Halls of Fame
	F. Helmets on Snowmobilers
	G. Boater Safety Courses
	H. Parks Leases
	I. Cultural Resources Trust
	J. Recording Contracts for Minors
	K. Durable Paper
	L. Park Protection
	M. Personal Flotation Devices
IV.	COMMITTEE ROUNDTABLES
V.	OUTLOOK FOR 1998
	Appendix A - 1997 Summary of Action on All Bills Referred to the Committee on Tourism, Arts and Sports Development
	Appendix B - Bills Sent to the Governor
	Appendix C - 1997 Bills That Passed the Assembly