Assembly Bill A508

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

                                 508--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of  A. KAVANAGH, BRODSKY, WRIGHT, PERALTA, JEFFRIES,
  BRENNAN, BROOK-KRASNY, DINOWITZ,  JAFFEE,  LANCMAN,  LIFTON,  McENENY,
  MILLMAN,   ORTIZ,  PHEFFER,  PRETLOW,  SCHIMEL,  BENJAMIN,  P. RIVERA,
  ZEBROWSKI, MENG, FIELDS, CASTRO, COLTON, DenDEKKER,  DESTITO,  ESPAIL-
  LAT,  GLICK,  HOOPER,  JACOBS,  KELLNER, KOON, LATIMER, LENTOL, PERRY,
  POWELL, J. RIVERA, SCARBOROUGH, SPANO, STIRPE, BARRON, CAHILL,  AUBRY,
  ROSENTHAL,  WEINSTEIN,  COOK -- Multi-Sponsored by -- M. of A. CAMARA,
  GORDON, GOTTFRIED, GUNTHER, HEVESI, JOHN,  LUPARDO,  MAISEL,  PEOPLES,
  RAIA,  RAMOS,  RUSSELL,  SALADINO,  TITONE,  TOBACCO  -- read once and
  referred to the Committee on Corporations, Authorities and Commissions
  -- reported and referred to the Committee on Ways and Means -- commit-
  tee discharged, bill amended, ordered reprinted as amended and  recom-
  mitted to said committee

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-

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

                                                           LBD01777-02-9

A. 508--A                           2

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
SEVEN.  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:
  (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.