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A11050 Summary:

BILL NOA11050
 
SAME ASSAME AS S09845
 
SPONSORKim
 
COSPNSR
 
MLTSPNSR
 
Add Title H Art 27 §§27.01 - 27.07, Arts & Cul L
 
Keeps professional sports franchises in their home communities by requiring franchise owners offer the franchise for sale prior to relocating or eliminating the franchise.
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A11050 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          11050
 
                   IN ASSEMBLY
 
                                     April 24, 2026
                                       ___________
 
        Introduced by M. of A. KIM -- read once and referred to the Committee on
          Tourism, Parks, Arts and Sports Development
 
        AN  ACT to amend the arts and cultural affairs law, in relation to keep-
          ing professional sports franchises in their home communities
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The  arts and cultural affairs law is amended by adding a
     2  new title H to read as follows:
     3                                   TITLE H
     4                       PROFESSIONAL SPORTS FRANCHISES
     5                                 ARTICLE 27
     6                                HOME TEAM ACT
     7  Section 27.01. Definitions.
     8          27.03. Prohibition on moving and terminating certain franchises.
     9          27.05. Appraisal.
    10          27.07. Enforcement.
    11    § 27.01. Definitions. As used in this article:
    12    1. The term "community", with respect to a franchise, means the metro-
    13  politan statistical area, as determined by the federal office of manage-
    14  ment and budget, in which the franchise plays  the  greatest  number  of
    15  regular  season  home games within its league or, where a franchise does
    16  not plays its greatest number of regular season home  games  within  its
    17  league  within  a metropolitan statistical area, the county in which the
    18  franchise plays the greatest number of regular season home games  within
    19  its league.
    20    2.  The  term  "consortium" means a group of private investors created
    21  specifically for a particular transaction of acquiring  a  sports  fran-
    22  chise.
    23    3.  The  term "franchise" means a member professional sports team of a
    24  league.
    25    4. The term "franchise owner" means a person who owns a franchise.
    26    5. The term "home community cooperative", with respect to a franchise,
    27  means an autonomous association of persons united  voluntarily  to  meet
    28  their  common  economic,  social,  and  cultural  needs  and aspirations
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15483-01-6

        A. 11050                            2
 
     1  through a jointly owned and democratically controlled enterprise that is
     2  based in the community in which the franchise plays the greatest  number
     3  of regular season home games within its league.
     4    6.  The  term  "league"  includes  the  National  Football League, the
     5  National Basketball Association, Major  League  Baseball,  the  National
     6  Hockey  League,  Major  League  Soccer,  the Women's National Basketball
     7  Association, the National Women's Soccer League, and any  other  profes-
     8  sional sports leagues designated as such by the secretary of state.
     9    7.  The  term  "local government entity", with respect to a franchise,
    10  means any unit of local government with jurisdiction over land use deci-
    11  sions in the location in which the franchise plays the  greatest  number
    12  of regular season home games within its league, including the state.
    13    8. The term "nonprofit organization" means any organization registered
    14  as a public charity or not-for-profit corporation under state or federal
    15  law.
    16    9.  The  term "private company" means a business entity the securities
    17  of which do not trade on public markets.
    18    10. The term "proper notice", with respect to proposed  relocation  or
    19  elimination of a franchise, means notice that is provided not later than
    20  one  year prior to the commencement of the season in which the franchise
    21  is to play home games in the proposed new location or the date of  fran-
    22  chise  elimination to all interested parties, the news media, and on all
    23  social media platforms of the franchise, and includes, but is not limit-
    24  ed to:
    25    (a) identification of the proposed new home location, if applicable;
    26    (b) a summary of the reasons for the proposed relocation or  franchise
    27  elimination; and
    28    (c) the date on which the proposed relocation or franchise elimination
    29  would be effective.
    30    11. The term "social media platform" means a website or internet medi-
    31  um that:
    32    (a)  permits  a  person  to  become  a  registered  user, establish an
    33  account, or create a profile  for  the  purpose  of  allowing  users  to
    34  create,  share,  and view user-generated content through such an account
    35  or profile;
    36    (b) enables one or more users to generate content that can  be  viewed
    37  by other users of the website or medium; and
    38    (c)  primarily  serves  as a medium for users to interact with content
    39  generated by other users of the website or medium.
    40    § 27.03. Prohibition on moving and terminating certain franchises.  1.
    41  (a)  Nothing in this article shall be construed to preempt, diminish, or
    42  interfere with the right of employees to collectively bargain over terms
    43  and conditions of employment.
    44    (b) Nothing in this article shall be construed to  preempt,  diminish,
    45  or  interfere with a collective bargaining agreement that is in place on
    46  the effective date of this article.
    47    2. Franchises with a community within the state shall, as a matter  of
    48  public policy:
    49    (a)  be  able  to  be  owned  by a government entity or members of the
    50  general public; or
    51    (b) be able to have ownership be transferred to a government entity or
    52  members of the general public.
    53    3. In accordance with subdivisions four and five of  this  section,  a
    54  franchise  owner  may  not move the franchise from their home community,
    55  move the franchise from the state, or eliminate the franchise unless the

        A. 11050                            3
 
     1  franchise owner offers an entity specified in subdivision four  of  this
     2  section a fair opportunity to purchase such franchise.
     3    4.  A fair opportunity to purchase a franchise pursuant to subdivision
     4  three of this section shall be provided, in descending priority, to  the
     5  following  entities which, as a term of such purchase, shall be required
     6  to keep such franchise within its community:
     7    (a) A local government entity or a home community cooperative.
     8    (b) A nonprofit organization that operates in the community or a publ-
     9  ic-private partnership composed of a local government entity with a home
    10  community cooperative or nonprofit organization  headquartered  in  such
    11  unit of local government.
    12    (c)  A  private person, private consortium, or company that resides in
    13  the community or operates in the community.
    14    5. At least six months prior to the relocation  or  elimination  of  a
    15  franchise, the franchise owner shall:
    16    (a)  provide  proper notice regarding the proposed new location of the
    17  franchise or proposed  franchise  elimination  to  the  comptroller,  as
    18  determined  by  the comptroller, and the community, as determined by the
    19  secretary of state;
    20    (b) offer the franchise for purchase for a fair  price  as  determined
    21  under section 27.05 of this article; and
    22    (c) if an offer is made which is at or above the fair price, accept an
    23  offer  made by an entity, giving priority as described under subdivision
    24  four of this section.
    25    § 27.05. Appraisal. 1. Upon a franchise owner providing proper  notice
    26  under  paragraph  (a) of subdivision five of section 27.03 of this arti-
    27  cle, the comptroller shall establish a team  of  professionally  trained
    28  appraisers to evaluate a fair price for a franchise.
    29    2.  The evaluation of a fair price undertaken pursuant to this section
    30  shall deduct from the appraisal amount the total amount of  any  govern-
    31  ment  payment,  credit,  or subsidy provided for the construction of any
    32  stadium where the franchise played the majority of their home games.
    33    § 27.07. Enforcement. 1. The attorney general shall assess  against  a
    34  franchise  owner  in violation of this article a fine of thirty thousand
    35  dollars for each day the owner is in violation of this article.
    36    2. A local government entity may bring a civil action for violation of
    37  this article in an appropriate district court against a franchise  owner
    38  for injunctive and monetary relief.
    39    § 2. This act shall take effect immediately.
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