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

                                  5987

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              March 3, 2011
                               ___________

Introduced  by M. of A. KAVANAGH, WRIGHT, JEFFRIES, BRENNAN, BROOK-KRAS-
  NY, DINOWITZ, JAFFEE, LANCMAN, LIFTON, McENENY, MILLMAN, ORTIZ,  PHEF-
  FER,  PRETLOW,  SCHIMEL,  P. RIVERA,  ZEBROWSKI, MENG, CASTRO, COLTON,
  DenDEKKER, GLICK, HOOPER, JACOBS,  KELLNER,  LATIMER,  LENTOL,  PERRY,
  J. RIVERA, SCARBOROUGH, SPANO, BARRON, CAHILL, AUBRY, ROSENTHAL, WEIN-
  STEIN,  COOK,  BOYLAND,  GUNTHER  --  Multi-Sponsored  by  -- M. of A.
  CAMARA, GALEF, GOTTFRIED, HEASTIE,  HEVESI,  LUPARDO,  MAGEE,  MAISEL,
  PEOPLES-STOKES, RAIA, RAMOS, RUSSELL, SALADINO, THIELE, TITONE, TOBAC-
  CO -- read once and referred to the Committee on Ways and Means

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
NINE. THEREAFTER, THE EMPIRE STATE DEVELOPMENT CORPORATION SHALL PUBLISH
ON ITS WEBSITE AND PROVIDE TO THE LEGISLATURE AN UPDATE OF SUCH ACCOUNT-
ING BY FEBRUARY FIFTEENTH OF  EACH  YEAR,  COVERING  THE  PERIOD  ENDING

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01007-01-1
              

A. 5987                             2

DECEMBER THIRTY-FIRST OF THE PRECEDING YEAR. ANY STATE OR LOCAL AUTHORI-
TY  THAT HAS GRANTED OR OBLIGATED ITSELF TO GRANT ANY SUCH BENEFIT SHALL
REPORT THE TERMS OF SUCH BENEFIT TO THE EMPIRE STATE DEVELOPMENT  CORPO-
RATION  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:
  (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.