BILL REQ. #: H-0243.1

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HOUSE BILL 1740
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State of Washington

58th Legislature

2003 Regular Session

By Representatives Hunt, Pearson, Sullivan, Haigh, McDermott, Tom, Miloscia, Hinkle, Simpson, Conway, Fromhold, Bush, Hudgins, Ahern, Hatfield, Pettigrew, Clibborn, Dickerson, Linville, Morris, Dunshee, Wallace, Schual-Berke, Veloria, Chase, Romero, Ruderman and Condotta

Read first time 02/06/2003. Referred to Committee on Technology, Telecommunications & Energy.

AN ACT Relating to restrictions on local access to broadcasts of professional sports; adding a new section to chapter 36.102 RCW; and providing a contingent effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   A new section is added to chapter 36.102 RCW to read as follows:
     (1)(a) Any professional football team performing in a stadium constructed or operated under this chapter, and any league, association, or conference affiliated with the team, shall not deny, based on attendance, local broadcast rights within seventy-five miles of the stadium for a live broadcast of any event held in the stadium.
     (b) The prohibition in this subsection does not apply if, seventy-two hours before the event, the percentage of seats sold for the event is lower than the percentage of the total cost of the construction of the stadium paid with public funds.
     (2) This section is not intended to impair existing contract rights, but shall be applied to any extension or renegotiation of an existing contract and to any new contract between a professional football team performing in a stadium constructed or operated under this chapter, and any league, association, or conference or any local, regional, or national television broadcaster, cable network, or satellite carrier.
     (3) The legislature finds that the practices covered by this section are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. A violation of this section is not reasonable in relation to the development and preservation of business and is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the consumer protection act, chapter 19.86 RCW.

NEW SECTION. Sec. 2 (1) Section 1 of this act takes effect ninety days after certification by the secretary of state that substantively similar legislation has been enacted into law by at least four additional states of the United States.
(2) If the secretary of state has not issued the certification required by subsection (1) of this section by January 1, 2009, this act is null and void.

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