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A06968 Summary:

BILL NOA06968
 
SAME ASNo Same As
 
SPONSORVanel
 
COSPNSRJacobson
 
MLTSPNSR
 
Add Art 41-A §1030, Gen Bus L
 
Requires every entity responsible for the broadcast rights of a sports team which is part of a national or international professional sports league to ensure that every publicly broadcast game played by such sports team which is played in a facility that is benefitting or has benefitted from state funds, tax subsidies, eminent domain, or another valuable benefit that was made at a cost to the state, shall be made available to view at no cost within the county such facility is situated in and its adjoining counties.
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A06968 Actions:

BILL NOA06968
 
03/18/2025referred to consumer affairs and protection
01/07/2026referred to consumer affairs and protection
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A06968 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6968
 
SPONSOR: Vanel
  TITLE OF BILL: An act to amend the general business law, in relation to providing local professional sports broadcasts at no cost   PURPOSE: Provides for local professional sports broadcasts at no cost   SUMMARY OF PROVISIONS: 1030(1): Defines terms. 1030(2)(a): Requires that an entity responsible for contracting the broadcast rights of a sports team, where such sports team plays in a stadium that was or is benefitting from state funds, tax subsidies, eminent domain, or another valuable benefit that was made at a cost to the state, make the broadcast available to the households of persons in the county in which the stadium is situated and its adjoining counties. Where the stadium is situated outside of the state but is affiliated with the state, it must be provided for free in each county with a popu- lation greater than one million. 1030(2) (b): Clarifies what constitutes "all households" in the required areas. 1030(3)(a): Requires that a broadcast made pursuant to 1030(2),(a) be the either the same audiovisual broadcast as a paid option or substan- tially equivalent to the paid option. 1030(3)(b): Requires that the entity responsible for the broadcast rights supply the no-cost broadcaster that complies with 1030(3)(a). This also applies where the entity uses a third party to supply the broadcast. 1030(3)(c): Prohibits the entity from imposing a restriction on the no-cost broadcaster that would require them to reduce the quality of the broadcast. 1030(4): Provides the attorney general with the power to seek an injunc- tion and enforce penalties against an entity that does not comply. 1030(5): Severability.   JUSTIFICATION: When a New York sports team uses New York State tax dollars or inceh- tives to advance their economic gain, New Yorkers deserve the option to view the games of their local teams at no cost. It is important for all New Yorkers to have the ability to view their local sports teams regard- less of their economic status. And with the ever-increasing subscription costs of streaming platforms and cable, and the exorbitant costs to attend games in person, low-income New Yorkers inevitably cannot enjoy viewing their local sports team. New York State is no stranger to using public funds to help finance the construction of professional sports stadiums, infrastructure for major sports leagues and the like. Over the past few decades, the state has provided billions of dollars in incentives (incentives whose costs fall on the taxpayer) to professional sports teams in New York State, many for the construction of new, multi-billion-dollar stadiums. The OUR STADIUM Act will require that any entity responsible for contracting out broadcast rights for an athletic competition, where that competition is played in a New York stadium that receives benefits at the expense of taxpayers, be required to provide at least one free live audiovisual viewing option to the households in the county and adjoining counties in which the stadium sits that is similar in quality or the same quality as the broadcast that is made available as part of a paid subscription. Today, for New York sports fans, if you want to watch your favorite team play in the stadium that you just funded with your taxpayer dollars, you have only two options: (1) shell out hundreds or thousands of dollars for tickets; or (2) pay a monthly or yearly subscription fee to watch the games. Further, if you live in a New York stadium's local market, most leagues will prohibit you from viewing the game to "encourage" you to attend or watch it on a cable providers network or streaming platform - again, back to the paid options. To be clear, while the justification for these "blackout" policies is to encourage ticket sales, studies show that blackout policies actually have no significant effect on ticket sales. Currently, there is no legal requirement that professional sports leag- ues provide free broadcasts to taxpaying fans, fans whose taxpayer dollars are the only reason why these teams have a stadium to play in. The OUR STADIUM Act will change that.   LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS: None to the state.   EFFECTIVE DATE: This act shall take effect on the one hundred and eightieth day after it shall have become law.
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A06968 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6968
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 18, 2025
                                       ___________
 
        Introduced  by M. of A. VANEL -- read once and referred to the Committee
          on Consumer Affairs and Protection
 
        AN ACT to amend the general business law, in relation to providing local
          professional sports broadcasts at no cost
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.   Short title. This act shall be known and may be cited as
     2  the "open and unrestricted right  to  see  team  athletic  displays  for
     3  inhabitants of unique markets act".
     4    §  2. The general business law is amended by adding a new article 41-A
     5  to read as follows:
 
     6                                ARTICLE 41-A
     7                          NO-COST SPORTS BROADCASTS
 
     8  Section 1030. No-cost sports broadcasts.
     9    § 1030. No-cost sports broadcasts.   1. As used in  this  section  the
    10  following terms shall have the following meanings:
    11    (a)  "No-cost  broadcaster"  shall mean the entity that is responsible
    12  for disseminating a live athletic competition in  any  widely  available
    13  audiovisual format to the public.
    14    (b)  "National or international professional sports league" shall mean
    15  any organized athletic league that is comprised of multiple  teams  from
    16  multiple  states or countries in which athletes are compensated by their
    17  respective teams or the league and who compete against  one  another  in
    18  athletic competition.
    19    (c) "Broadcast" shall mean to disseminate live content in an audiovis-
    20  ual format.
    21    2.  (a)  Every entity responsible for the broadcast rights of a sports
    22  team which is part of a national or  international  professional  sports
    23  league  shall  ensure that every publicly broadcast athletic competition
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09319-03-5

        A. 6968                             2
 
     1  played by such sports team which is played in a facility that  is  bene-
     2  fitting  or  has  benefitted  from  state  funds, tax subsidies, eminent
     3  domain, or another valuable benefit that was  made  at  a  cost  to  the
     4  state,  shall  be  made  available to view at no cost to every household
     5  within the county such facility is situated in and its  adjoining  coun-
     6  ties, or if such sports team is affiliated with New York, but the facil-
     7  ity  in  which  such  team's  athletic competitions are played in is not
     8  located within the state,  such  athletic  competitions  shall  be  made
     9  available to view at no cost to all households located within any county
    10  within the state with a population of one million or more.
    11    (b)  For  purposes  of  this  section,  an  athletic competition shall
    12  presumptively be deemed to be made available to view at no cost  to  all
    13  households  located  within  the area required by this subdivision where
    14  the entity responsible  for  the  broadcast  rights  of  a  sports  team
    15  provides  one  or  more reasonably accessible broadcasts of the athletic
    16  competition that is reasonably calculated to reach the  same  number  of
    17  households that a paid option would have.
    18    3.  (a)  A  broadcast  made  available  to view at no cost pursuant to
    19  subdivision two of this section shall be  either  the  same  audiovisual
    20  broadcast  of  such  athletic  competition which is available to view as
    21  part of a paid service or shall be substantially equivalent.
    22    (b) An entity responsible for the broadcast rights of a sports team as
    23  described in subdivision two of this section shall supply, or require  a
    24  third  party  responsible for the paid broadcast of an athletic competi-
    25  tion to supply, the no-cost broadcaster with an audiovisual broadcast of
    26  an athletic competition which is the same or substantially equivalent to
    27  the audiovisual broadcast of such athletic competition which  is  avail-
    28  able to view as part of a paid service.
    29    (c)  An  entity, or an employee, agent, or another at the direction of
    30  the entity, shall not  impose  any  restriction  requiring  the  no-cost
    31  broadcaster  of  an  athletic  competition  to reduce the quality of the
    32  audiovisual broadcast of such athletic competition to a quality that  is
    33  not the same or substantially equivalent to the audiovisual broadcast of
    34  such  athletic  competition which is available to view as part of a paid
    35  service.
    36    4. Wherever the  attorney  general  shall  find  that  an  entity  has
    37  violated this article, an application may be made by the attorney gener-
    38  al  in  the  name  of  the people of the state of New York to a court of
    39  justice having jurisdiction to issue an injunction, and upon  notice  to
    40  the  defendant  of  not  less than five days, to enjoin and restrain the
    41  continuance of such violations; and if it shall appear to the  satisfac-
    42  tion  of the court or justice, that the defendant has, in fact, violated
    43  this section an injunction may  be  issued  by  such  court  or  justice
    44  enjoining and restraining any further violation, without requiring proof
    45  that  any  entity  has, in fact, been injured or damaged thereby. In any
    46  such proceeding, the court may make allowances to the  attorney  general
    47  as  provided in paragraph six of subdivision (a) of section eighty-three
    48  hundred three of the civil practice law and rules, and  direct  restitu-
    49  tion.  Whenever  the  court  shall  determine  that  a violation of this
    50  section has occurred, the court may impose a civil penalty that, in  the
    51  court's  discretion,  will  have the effect of deterring the entity from
    52  engaging in future violations of this article.  In connection  with  any
    53  such  proposed  application,  the attorney general is authorized to take
    54  proof and make a determination  of  the  relevant  facts  and  to  issue
    55  subpoenas in accordance with the civil practice law and rules.

        A. 6968                             3
 
     1    5.  If any provision of this section or the application thereof to any
     2  person or circumstances is held invalid, the  invalidity  thereof  shall
     3  not  affect other provisions or applications of the section which can be
     4  given effect without the invalid provision or application, and  to  this
     5  end the provisions of this section are severable.
     6    § 3. This act shall take effect on the one hundred eightieth day after
     7  it shall have become a law.
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