NY State Senate Bill 2023-S3096

Archive: Last Bill Status - In Senate Committee Local Government Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to local government
Jan 27, 2023	referred to local government

2023-S3096 (ACTIVE) - Details

Current Committee:: Senate Local Government
Law Section:: General Municipal Law
Laws Affected:: Add §26, Gen Muni L
Versions Introduced in 2021-2022 Legislative Session:: S8781

2023-S3096 (ACTIVE) - Summary

Relates to the ownership of a professional sports team by a local or state government.

2023-S3096 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3096

SPONSOR: BRISPORT
 
TITLE OF BILL:

An act to amend the general municipal law, in relation to the ownership
of a professional sports team by a local or state government

 
SUMMARY OF PROVISIONS:

Section one adds new section 26 to the general municipal law, and
provides that, for any new stadium that receives 51% or more of its
financing from public money shall offer local and state government the
opportunity to purchase more than 51% ownership in the professional
sports team.

Section two sets forth the effective date of the legislation.

 
JUSTIFICATION:

Each year, the drive for new sports stadiums and arenas drains billions
of dollars from public treasuries for the sake of private profit. Over

the years, the values of sports franchises have soared, making the
millionaires and billionaires who own them incredibly wealthy. In the
NFL, television and media rights alone earn teams approximately $321
million per year. However, rather than reinvesting their profits into
the teams that are loved by local residents, these wealthy owners have
leveraged the public's loyalty - as well as their money and connections
to politicians who may have conflicts of interest - to extort billions
of dollars from the public to build and repair new stadiums.

The idea that the public needs to finance these private projects with
public money is one that simply cannot withstand public scrutiny.  That
is exactly why it is so common for deals regarding these projects to be
negotiated behind closed doors, far from the oversight of the public,
and then publicly announced as a fait accompli. The public is typically
strong-armed into these corrupt arrangements, based on either false
promises of public benefit or veiled threats that the team will leave
without the public subsidies being immediately granted. Elected repre-
sentatives are often kept in the dark. However, economists have been
absolutely clear in objecting that these boondoggle projects do not
benefit the public or the local economy; rather, it is an open secret
that the costs are made public, while the benefits are privatized to the
same circle of wealthy owners.

This legislation is based on a simple principle: if the public is spend-
ing money on a sports franchise, it is the public that should benefit.
Accordingly, if more than half of a new stadium is financed with public
support, then the public should have the opportunity to purchase more
than half of the sports franchise. This will ensure that billionaire
sports franchises cannot extort the public, and that the true stakehold-
ers - the people of New York who support the team - benefit from any
public expenditures.

 
PRIOR LEGISLATIVE HISTORY:

2021-22: S8781

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.

 
EFFECTIVE DATE:
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.

2023-S3096 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3096
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2023
                                ___________
 
 Introduced  by Sen. BRISPORT -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03070-01-3
 S. 3096                             2

 
   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
 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.

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Senate Bill S3096

Sponsored By

Archive: Last Bill Status - In Senate Committee Local Government Committee

2023-S3096 (ACTIVE) - Details

2023-S3096 (ACTIVE) - Summary

2023-S3096 (ACTIVE) - Sponsor Memo

2023-S3096 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3096

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Sponsored By

Jabari Brisport

Archive: Last Bill Status - In Senate Committee Local Government Committee

2023-S3096 (ACTIVE) - Details

2023-S3096 (ACTIVE) - Summary

2023-S3096 (ACTIVE) - Sponsor Memo

2023-S3096 (ACTIVE) - Bill Text download pdf

Comments