Assembly Bill A10073

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10073
 
                           I N  A S S E M B L Y
 
                              April 29, 2022
                                ___________
 
 Introduced by M. of A. KIM -- read once and referred to the Committee on
   Local Governments
 
 AN  ACT to amend the general municipal law, in relation to the ownership
   of a professional sports team by a local or state government
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.    The  general  municipal  law is amended by adding a new
 section 26 to read as follows:
   § 26. OWNERSHIP IN A PROFESSIONAL SPORTS TEAM  BY  A  LOCAL  OR  STATE
 GOVERNMENT. 1. (A) AS USED IN THIS SECTION THE TERM "FACILITY" MEANS:
   (I)  STADIUMS,  ARENAS OR OTHER STRUCTURES FOR THE HOLDING OF ATHLETIC
 CONTESTS AND OTHER EVENTS AND GATHERINGS, INCLUDING, WITHOUT LIMITATION,
 BASEBALL, FOOTBALL AND AUTOMOBILE RACING; MUSICAL,  DRAMATIC  AND  OTHER
 ARTISTIC, CULTURAL OR SOCIAL EVENTS, PUBLIC MEETINGS; AND
   (II)  OTHER  PUBLIC  EVENTS  AND PRACTICE FIELDS, OR OTHER AREAS WHERE
 PROFESSIONAL SPORTS  TEAMS  AND  OTHER  SPORTS  TEAMS  MAY  PRACTICE  OR
 PERFORM.
   (B)  "FACILITY"  SHALL  ALSO  MEAN  AND INCLUDE THE FOLLOWING TYPES OF
 PROPERTY IF THAT PROPERTY IS RELATED TO OR LOCATED NEAR AN  ITEM  LISTED
 IN PARAGRAPH (A) OF THIS SUBDIVISION:
   (I)  OFFICES,  PARKING LOTS AND GARAGES, ACCESS ROADS, STREETS, INTER-
 SECTIONS, HIGHWAY INTERCHANGES, PEDESTRIAN WALKWAYS, TUNNELS, AND BRIDG-
 ES, TRANSPORTATION FACILITIES, MONUMENTS, RESTAURANTS, STORES, AND OTHER
 FACILITIES PROVIDING GOODS AND SERVICES TO PERSONS  ATTENDING  MEETINGS,
 CONTESTS, GATHERINGS OR EVENTS AT THE FACILITY;
   (II) OTHER RECREATION AREAS AND RECREATIONAL FACILITIES;
   (III)   OTHER   PROPERTY   OR   STRUCTURES   INCLUDING  ALL  FIXTURES,
 FURNISHINGS, AND APPURTENANCES NORMALLY ASSOCIATED WITH SUCH FACILITIES;
 AND
   (IV) LANDSCAPING, PARKS, AND OPEN SPACES.
   2.  AN OWNER OF A PROFESSIONAL SPORTS TEAM THAT FOR MOST OF  ITS  HOME
 GAMES  USES  A FACILITY THAT IS (A) OWNED BY A UNIT OF LOCAL GOVERNMENT;
 OR (B) SUPPORTED BY A  UNIT  OF  LOCAL  GOVERNMENT  WITH  TAXES  OR  TAX
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15186-01-2
              

 A. 10073                            2
 
 REDUCTIONS SHALL NOT CEASE PLAYING MOST OF ITS HOME GAMES AT THE FACILI-
 TY AND BEGIN PLAYING MOST OF ITS HOME GAMES ELSEWHERE UNLESS THE OWNER:
   (I)  ENTERS  INTO  AN AGREEMENT WITH THE UNIT OF LOCAL GOVERNMENT THAT
 OWNS THE FACILITY OR SUPPORTS THE FACILITY WITH TAXES OR TAX  REDUCTIONS
 PERMITTING THE TEAM TO PLAY MOST OF ITS HOME GAMES ELSEWHERE; OR
   (II)  GIVES  THE  UNIT  OF  LOCAL GOVERNMENT THAT OWNS THE FACILITY OR
 SUPPORTS THE FACILITY WITH TAXES OR TAX REDUCTIONS IN WHICH THE FACILITY
 IS LOCATED NOT LESS THAN SIX  MONTHS'  ADVANCE  NOTICE  OF  THE  OWNER'S
 INTENTION  TO  CEASE PLAYING MOST OF ITS HOME GAMES AT THE FACILITY AND,
 DURING THE SIX MONTHS AFTER SUCH NOTICE, GIVES:
   (A) THE UNIT OF LOCAL GOVERNMENT THE OPPORTUNITY TO PURCHASE MORE THAN
 FIFTY PERCENT OWNERSHIP IN THE PROFESSIONAL SPORTS TEAM;
   (B) THE UNIT OF LOCAL GOVERNMENT FIRST REFUSAL TO PURCHASE THE PROFES-
 SIONAL SPORTS TEAM; OR
   (C) AN INDIVIDUAL OR GROUP OF INDIVIDUALS WHO RESIDE IN  THE  AREA  OF
 THE FACILITY THE OPPORTUNITY TO PURCHASE THE TEAM.
   3.  ANY  NEW  STADIUM  THAT  RECEIVES FIFTY-ONE PERCENT OR MORE OF ITS
 FINANCING FROM PUBLIC MONEY SHALL OFFER LOCAL AND STATE  GOVERNMENT  THE
 OPPORTUNITY TO PURCHASE MORE THAN FIFTY PERCENT OWNERSHIP IN THE PROFES-
 SIONAL SPORTS TEAM.
   §  2.   This act shall take effect on the thirtieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.