2010 New York Code
EXC - Executive
Article 28 - (825 - 831) UPSTATE AND DOWNSTATE NEW YORK TOURISM COUNCILS
829 - Powers and duties of the upstate council.

§  829.  Powers and duties of the upstate council. The upstate council
  shall have the power:
    1. to make by-laws for the management and regulation of its affairs;
    2. to make and execute contracts and all other  instruments  necessary
  or  convenient  for  the exercise of its powers and functions under this
  article;
    3. to appoint and remove an executive officer,  officers,  agents  and
  employees,  and  prescribe their duties and qualifications and fix their
  compensation within the amounts made available therefor and to  allocate
  funds  for the actual and necessary nonpersonnel administrative costs of
  the upstate council;
    4. to develop and implement a comprehensive marketing program and plan
  to promote the attractions within the upstate  region  to  domestic  and
  international travelers and to enhance tourism in the upstate region;
    5.  to  establish and maintain such facilities as may be necessary for
  the transacting of its business, such facilities to include a  state  of
  the  art  tourism  center  located  at  the  expanded  carousel  center,
  primarily  devoted  to  tourism  services  and  interactive  exhibitions
  promoting  tourism  to  the  general public for the purpose of marketing
  tourism in the upstate region. This tourism center will  also  serve  as
  the location of the general offices of the upstate council;
    6.  to  utilize,  to  the extent feasible, the staff and facilities of
  existing state agencies, pursuant to an allocation to  be  made  by  the
  state division of the budget;
    7. to contract for professional and technical assistance and advice;
    8. to contract for and to accept assistance, including but not limited
  to  gifts,  grants,  or  loans  of  funds or personal property, from the
  federal government or any agency or instrumentality thereof, or from any
  agency or instrumentality of the state, or  from  any  other  public  or
  private source and to comply, subject to the provisions of this article,
  with  the terms and conditions thereof. Notwithstanding the provision of
  section eleven of the state finance law, the upstate council may  accept
  gifts,   grants,   devises   and   bequests,   whether   conditional  or
  unconditional, providing that any gifts, grants, devises and bequests be
  consistent with the powers of the upstate council and  the  purposes  of
  this article;
    9.  to develop and implement in cooperation with schools, colleges and
  universities a training and educational program to promote  the  tourism
  industry within the upstate region;
    10.  to  review  and  comment on capital and long range plans of state
  agencies as they affect tourism in the upstate region;
    11. to designate and develop model tourism  projects  in  the  upstate
  region  to  demonstrate  the implementation of tourism planning and make
  contracts for assistance to municipalities and not-for-profit tax exempt
  entities within the upstate region therefor;
    12. to encourage individuals, corporations,  associations  and  public
  entities  to  establish,  maintain,  protect,  preserve  and promote the
  tourism resources of the upstate region;
    13.  to  make  grants  to  and  contracts  with   municipalities   and
  not-for-profit   tax  exempt  entities  within  the  upstate  region  to
  establish, maintain, protect, preserve and promote the tourism resources
  of such region;
    14. to prepare an annual report on the conduct of its activities;
    15. to utilize the staff and facilities of existing local agencies  to
  the extent that local agencies make them available;
    16.  to  sue  on causes of action consistent with the purposes and its
  responsibilities under this article and with  respect  to  contracts  to
  which  it  is a party, but not for general enforcement of state or local

laws, provided that the  right  to  sue,  other  than  with  respect  to
  contracts  to  which it is a party, shall be limited to causes of action
  arising within the boundaries of the upstate region; and to be sued;
    17.  to  hold  hearings  in  the exercise of its powers, functions and
  duties provided for by this article;
    18. to intervene in  proceedings  before  state  agencies  on  matters
  affecting tourists and tourism in the upstate region;
    19.  to, whenever in the opinion of the upstate council it would be in
  the public interest, after prior approval of the director of the budget,
  request the temporary assignment and transfer of  certain  employees  of
  any  board,  commission,  agency  or  department  of  the  state  or its
  political  subdivisions,  and  said   board,   commission,   agency   or
  department,  if in its opinion such transfer will not interfere with the
  performance of its duties and functions may  make  such  assignment  and
  transfer  of  said employees to the upstate council. Such assignment and
  transfer or extension thereof shall not in  any  way  affect  the  civil
  service  status, continuity of service, retirement plan status, right to
  compensation, grade or compensation or other rights or privileges of any
  employee so transferred;
    20. to submit title to  all  interests  or  rights  in  real  property
  proposed  to  be  acquired  by  the  upstate council for examination and
  approval by the attorney general of the state who shall also furnish any
  and all necessary legal services and  advice  required  to  assist  such
  council in accomplishing its corporate purposes;
    21.  notwithstanding  any  other  section  of law, the upstate council
  shall not have the power of eminent domain or  to  acquire  property  by
  eminent domain;
    22.  to  take  any actions and to adopt regulations necessary to carry
  out the functions, powers and duties imposed by this article.  Any  such
  regulations shall be adopted in accordance with article two of the state
  administrative procedure act; and
    23. to exercise and perform such other powers and duties as shall have
  been or may be from time to time conferred by law.