WEST virginia legislature
2025 regular session
Introduced
House Bill 3165
By Delegates W. Clark, Horst, Chiarelli, Linville, J. Cannon, Hite, and Worrell
[Introduced March 05, 2025; referred to the Committee on Education then Finance]
A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18-36-1, §18-36-2, §18-36-3, and §18-36-4, relating to the creation of the Streaming Rights and Equality Act; providing for a short title; providing for a definition; providing for the regulation of high school sports streaming fees and asserting equality of amounts charged across the state; providing access to WVSSAC sports events as the participating schools are public in nature, and thus not to be controlled by a specific entity that limits access to the general public; and providing for penalties.
Be it enacted by the Legislature of West Virginia:
## Article 36. Streaming Rights and Equality Act.
This article may be known as cited as the "Streaming Rights and Equality Act".
A "West Virginia based producer" is defined as any producer who is licensed to do business in the state, pays corporate taxes in the state, does the majority of its streaming in the state.
(a) All West Virginia high school football streaming fee rates shall be no more than $250 per game unless agreed upon differently by both school and streaming producer.
(b) All other sports streaming fee rates shall be no more than $100 per game, unless agreed upon differently by both school and streaming producer.
(c) Events and Invitationals shall be negotiable but no more than $100 per game, unless agreed upon differently by both school and streaming producer.
(d) Larger Events – Sports such as wrestling, volleyball, and track shall be no more than $250 per event unless agreed upon by both school and streaming producers.
(e) All streaming fees shall be adjustable on an annual basis by an increase of no more than five percent per year.
(f) No school shall deny a WV based producer from streaming a regular season or playoff event, provided the producer pays the appropriate streaming fee.
(g) WVSSAC Championship Events – Aside from NFHS (National Federation of High Schools) right to stream championship events exclusively on a national level, the WVSSAC shall make available same events to West Virginia based producers using the same rights fees as member schools during regular season.
(h) Because the WVSSAC member schools are publicly funded, the product shall be available to local producers for public consumption.
(i) In the event more than one West Virginia based producer seeks to stream a WVSSAC playoff game or championship, the WVSSAC may negotiate to the highest bidder.
(j) Producers must submit bids to the WVSSAC no less than 6 days on playoff events and no less than 30 days on championship events.
(k) Public viewing safeguard – any high school sports production must have a person on camera(s) and/or production editing to break away from incidents of injuries, fights, any behavior or action not acceptable by the WVSSAC or on school property.
(l) Host school shall not deny production of any school sponsored event and shall comply to make available space for crew and Internet access where possible.
(a) Failure to comply with terms of these laws shall result in the offending entity reimbursing double the production fee amount for the event to the West Virginia producer.
(b) Failure to comply with manned camera work shall result in producer/school paying the WVSSAC the same amount as the agreed streaming fee.
(c) All penalties must be paid net 30 days from event date.
NOTE: The purpose of this bill relates to the creation of the Streaming Rights and Equality Act. The bill provides for a short title. The bill provides for a definition. The bill provides for the regulation of high school sports streaming fees and asserting equality of amounts charged across the state; providing access to WVSSAC sports events as the participating schools are public in nature, and thus not to be controlled by a specific entity that limits access to the general public. Finally, the bill provides for penalties.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.