PRINTER'S NO. 4095
No. 2941 Session of 1998
INTRODUCED BY ROBINSON, CARN, PRESTON, JAMES, KIRKLAND, TRICH,
YOUNGBLOOD, PESCI AND MYERS, NOVEMBER 16, 1998
REFERRED TO COMMITTEE ON RULES, NOVEMBER 16, 1998
AN ACT
1 Regulating admission to publicly funded sports facilities;
2 conferring powers and duties on the Department of Community
3 and Economic Development; and imposing penalties.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Short title.
7 This act shall be known and may be cited as the Fan Seating
8 Act.
9 Section 2. Definitions.
10 The following words and phrases when used in this act shall
11 have the meanings given to them in this section unless the
12 context clearly indicates otherwise:
13 "Department." The Department of Community and Economic
14 Development of the Commonwealth.
15 "Facility." A place:
16 (1) which is owned or leased by a sports organization;
17 and
18 (2) at which a professional sporting event is conducted
1 by a sports organization.
2 "Funding entity." The Commonwealth or a political
3 subdivision.
4 "Public funds." Money received from a funding entity.
5 "Sports organization." A sole proprietorship, partnership,
6 association or corporation that:
7 (1) owns a professional sports franchise; and
8 (2) exhibits events involving that professional sports
9 franchise at a facility.
10 Section 3. Seating.
11 (a) Requirement.--If public funds are expended to construct
12 or renovate a facility, all of the following shall apply:
13 (1) At least 10% of the seating at the facility shall be
14 reserved for sale at a price set by the department to
15 facilitate enjoyment of the facility by individuals who
16 reside in the municipality where the facility is located.
17 (2) The department shall ensure that the operation of
18 the facility is in compliance with the Americans with
19 Disabilities Act (Public Law 101-336, 104 Stat. 327).
20 (b) Penalty.--A sports organization that intentionally,
21 recklessly or negligently violates subsection (a) shall be
22 subject to an administrative penalty of not more than $5,000.
23 This subsection is subject to 2 Pa.C.S. Ch. 5 Subch. A (relating
24 to practice and procedure of Commonwealth agencies) and Ch. 7
25 Subch. A (relating to judicial review of Commonwealth agency
26 action).
27 Section 4. Effective date.
28 This act shall take effect January 1, 1999.
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