NY State Senate Bill 2017-S7091

Archive: Last Bill Status - In Senate Committee Corporations, Authorities And Commissions Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to corporations, authorities and commissions

2017-S7091 (ACTIVE) - Details

Current Committee:: Senate Corporations, Authorities And Commissions
Law Section:: Public Authorities Law
Laws Affected:: Add Art 9 Title 3-B §2860, Pub Auth L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S2306
2021-2022: S3134
2023-2024: S2087

2017-S7091 (ACTIVE) - Summary

Enacts the "public benefits for professional facilities act"; defines terms; provides that any state or local authority that grants any benefit, for the purpose of construction, reconstruction, repair or rehabilitation of a professional sports facility, shall, as a condition of such benefit, require that at least seven percent of all tickets for each event be sold at prices affordable to residents of the host community.

2017-S7091 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7091

SPONSOR: KAVANAGH
 
TITLE OF BILL:  An act to amend the public authorities law, in
relation to enacting the "public benefits for professional facilities
act"

 
PURPOSE:

The primary purpose of this bill is to provide an accounting of all
benefits that any state or local authority has granted for the purpose
of construction, reconstruction, repair, or rehabilitation of a profes-
sional sports facility to the legislature, and to condition such bene-
fits on an affordable ticket agreement.

 
SUMMARY OF PROVISIONS:

Section one is the title of bill.

Section two of the bill amends the public authorities law by adding a
new title 3-B, Section 2860 which requires that the Empire state devel-

opment corporation shall publish on its website and provide to the
legislature an accounting of all benefits that any state or local
authority has granted or obligated itself to grant for the purpose of
construction, reconstruction, repair, or rehabilitation of a profes-
sional sports facility and requires the Empire State development corpo-
ration to publish on its website and provide to the legislature an
update of such accounting by February fifteenth of each year. This
section also requires state and local authorities to condition any such
benefit on an affordable ticket agreement requiring the recipient of the
benefit to offer seven percent of tickets sold to any sporting event at
affordable prices and limits ticket price increases, in certain circum-
stances, to no more than two percent annually for the next ten years.
Affordable is defined by this section as being within the economic abil-
ity of persons whose income is at or below sixty percent of the area
median income for a four-person household. Section two also includes
anti-scalping provisions to prevent the resale of tickets subject to t
he agreement at prices above face value.

Section three of the bill sets forth the effective date.

 
JUSTIFICATION:

Public authorities often provide enormous subsidies for construction,
reconstruction, repair, or renovation of sports facilities. In the past
decade in New York City alone, public authorities have provided subsi-
dies for the construction of Yankee Stadium, Citi Field, and the
Barclays Center to the tune of hundreds of millions of dollars. The
rationale for providing these subsidies is that the facilities thus
created and maintained provide a benefit to the general public. While
such benefit may take many forms, the basic purpose of these facili-
ties--serving as a venue for spectator sporting events is often out of
reach for New Yorkers with modest means. This bill would make affordable
tickets a required part of the public benefit we expect when we subsi-
dize these projects.

 
FISCAL IMPACT ON THE STATE:

None.
 
FISCAL IMPACT ON LOCALITIES:

None.

 
IMPACT ON REGULATION OF BUSINESSES AND INDIVIDUALS:

Any professional sports facility that receives a public benefit shall
require that at least seven percent of all tickets for each event be
subject to an affordable ticket agreement. Further restrictions are
placed on increases in ticket prices for events at such facilities under
certain circumstances.

 
IMPACT ON FINES, IMPRISONMENT, FORFEITURE OF RIGHTS, OR OTHER PENAL
SANCTIONS:

None.

 
LEGISLATIVE HISTORY:

2016: A05611 (Kavanagh) Ways and Means
2015: A05611 (Kavanagh) Ways and Means
2014: A00295 (Kavanagh) Ways and Means
2013: A00295 (Kavanagh) Ways and Means
2012: A05987 (Kavanagh) Ways and Means
2011: A05987 (Kavanagh) Ways and Means
2010: A0508A (Kavanagh) Rules
2009: A0508A (Kavanagh) Ways and Means

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S7091 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7091
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 3, 2018
                                ___________
 
 Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
   printed to be committed to the Committee on Corporations,  Authorities
   and Commissions
 
 AN  ACT to amend the public authorities law, in relation to enacting the
   "public benefits for professional facilities act"

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "public benefits for professional facilities act".
   § 2. Article 9 of the public authorities law is amended  by  adding  a
 new title 3-B to read as follows:
                                  TITLE 3-B
                PUBLIC BENEFITS FOR PROFESSIONAL FACILITIES
 SECTION 2860. PROFESSIONAL FACILITIES.
    §  2860. PROFESSIONAL FACILITIES.  1. NO LATER THAN NINETY DAYS AFTER
 THE EFFECTIVE DATE OF THIS SUBDIVISION,  THE  EMPIRE  STATE  DEVELOPMENT
 CORPORATION  SHALL PUBLISH ON ITS WEBSITE AND PROVIDE TO THE LEGISLATURE
 AN ACCOUNTING OF ALL BENEFITS THAT ANY  STATE  OR  LOCAL  AUTHORITY  HAS
 GRANTED  OR  OBLIGATED  ITSELF TO GRANT FOR THE PURPOSE OF CONSTRUCTION,
 RECONSTRUCTION, REPAIR OR REHABILITATION OF A PROFESSIONAL SPORTS FACIL-
 ITY. SUCH ACCOUNTING SHALL INCLUDE ALL SUCH BENEFITS  GRANTED  OR  OBLI-
 GATED  TO BE GRANTED AT ANY TIME ON OR AFTER JANUARY FIRST, TWO THOUSAND
 ELEVEN. THEREAFTER,  THE  EMPIRE  STATE  DEVELOPMENT  CORPORATION  SHALL
 PUBLISH  ON ITS WEBSITE AND PROVIDE TO THE LEGISLATURE AN UPDATE OF SUCH
 ACCOUNTING BY FEBRUARY FIFTEENTH  OF  EACH  YEAR,  COVERING  THE  PERIOD
 ENDING  DECEMBER  THIRTY-FIRST OF THE PRECEDING YEAR. ANY STATE OR LOCAL
 AUTHORITY THAT HAS GRANTED OR OBLIGATED ITSELF TO GRANT ANY SUCH BENEFIT
 SHALL REPORT THE TERMS OF SUCH BENEFIT TO THE EMPIRE  STATE  DEVELOPMENT
 CORPORATION NO LATER THAN THE EARLIER OF THE DATE THE BENEFIT IS GRANTED
 OR THE DATE THE BENEFIT IS OBLIGATED TO BE GRANTED.
   2.  FOR  THE  PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
 THE FOLLOWING MEANINGS:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD01589-01-7

 S. 7091                             2
 
   (A) "BENEFIT" SHALL MEAN ANY DIRECT OR INDIRECT GRANT  OF  FUNDS,  TAX
 REDUCTIONS,  TAX  PREFERENCES, SUBSIDIES, PAYMENTS IN LIEU OF ANY TAX OR
 TAX OBLIGATION, OR ANY OTHER FORM OF PUBLIC SUPPORT.
   (B)  "AFFORDABLE"  SHALL  MEAN  WITHIN THE ECONOMIC ABILITY OF PERSONS
 WHOSE INCOME IS AT OR BELOW SIXTY PERCENT OF THE AREA MEDIAN INCOME  FOR
 A FOUR-PERSON HOUSEHOLD TO PURCHASE TICKETS WITHOUT ECONOMIC HARDSHIP.
   (C) "AFFORDABLE TICKET AGREEMENT" SHALL MEAN A BINDING AGREEMENT AMONG
 THE  STATE  OR LOCAL AUTHORITY GRANTING A BENEFIT, THE RECIPIENT OF SUCH
 BENEFIT, AND ANY OTHER PARTY NECESSARY TO GIVE  SUCH  AGREEMENT  EFFECT,
 THE  TERMS  OF  WHICH  ARE  PUBLICLY DISCLOSED NOT LESS THAN THIRTY DAYS
 BEFORE THE STATE OR LOCAL AUTHORITY GRANTS ANY BENEFIT OR UNDERTAKES ANY
 OBLIGATION  TO  GRANT  SUCH  BENEFIT.    SUCH  AGREEMENT  SHALL  INCLUDE
 PROVISIONS  TO  PREVENT  RESALE  OF  TICKETS SUBJECT TO THE AGREEMENT AT
 PRICES ABOVE FACE VALUE.
   3. ANY STATE OR LOCAL AUTHORITY  THAT  GRANTS  ANY  BENEFIT,  FOR  THE
 PURPOSE  OF  CONSTRUCTION, RECONSTRUCTION, REPAIR OR REHABILITATION OF A
 PROFESSIONAL SPORTS FACILITY, SHALL, AS A  CONDITION  OF  SUCH  BENEFIT,
 REQUIRE  THAT  AT  LEAST  SEVEN PERCENT OF ALL TICKETS FOR EACH EVENT BE
 SUBJECT TO AN AFFORDABLE TICKET  AGREEMENT.  FURTHERMORE,  SUCH  BENEFIT
 SHALL  BE  CONDITIONED  UPON  A FACILITY POLICY THAT LIMITS TICKET PRICE
 INCREASES TO NO MORE THAN TWO PERCENT ANNUALLY FOR THE NEXT  TEN  YEARS,
 IF AT ANY TIME IN THE LAST THREE YEARS SEASON OR INDIVIDUAL TICKETS HAVE
 BEEN OFFERED FOR SALE WITH CUMULATIVE PRICE INCREASES OF MORE THAN THIR-
 TY PERCENT.
   § 3. This act shall take effect immediately.

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Senate Bill S7091

Sponsored By

Archive: Last Bill Status - In Senate Committee Corporations, Authorities And Commissions Committee

2017-S7091 (ACTIVE) - Details

2017-S7091 (ACTIVE) - Summary

2017-S7091 (ACTIVE) - Sponsor Memo

2017-S7091 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7091

Share this bill

Sponsored By

Brian Kavanagh

Archive: Last Bill Status - In Senate Committee Corporations, Authorities And Commissions Committee

2017-S7091 (ACTIVE) - Details

2017-S7091 (ACTIVE) - Summary

2017-S7091 (ACTIVE) - Sponsor Memo

2017-S7091 (ACTIVE) - Bill Text download pdf

Comments