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.

---

S1258-2013 Actions

• Jan 9, 2013: REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS

S1258-2013 Memo

BILL NUMBER:S1258

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 professional sports facility to the legislature, and to condition
such benefits on an affordable ticket agreement.

SUMMARY OF PROVISIONS:
Section One: 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
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 facility and requires the Empire State
development corporation 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 circumstances, to no more than two
percent annually for the next ten years. Affordable is defined by
this section as being within the economic ability 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 the
agreement at prices above face value.

Section Three: Sets forth the effective date.

JUSTIFICATION:
Public authorities often provide enormous subsidies
for construction, reconstruction, repair, or renovation of sports
facilities. 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 facilities--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 subsidize these projects.

LEGISLATIVE HISTORY:
2011-12:  S.1393 Referred to Corporations, Authorities & Commissions
2009-10:  S.5382 Referred to Corporations, Authorities & Commissions

FISCAL IMPLICATIONS:


None.

EFFECTIVE DATE:
This act shall take effect immediately.

S1258-2013 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    1258

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

  Introduced  by  Sen. PERKINS -- 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".
    S 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.
     S  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.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD02704-01-3

 S. 1258                             2

    2.  FOR  THE  PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
  THE FOLLOWING MEANINGS:

    (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.
    S 3. This act shall take effect immediately.