Senate Bill S9845

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9845
 
                             I N  S E N A T E
 
                               April 8, 2026
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Cultural Affairs, Tourism,
   Parks and Recreation
 
 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:
 
   Section 1. The arts and cultural affairs law is amended  by  adding  a
 new title H to read as follows:
                                  TITLE H
                      PROFESSIONAL SPORTS FRANCHISES
                                ARTICLE 27
                               HOME TEAM ACT
 SECTION 27.01. DEFINITIONS.
         27.03. PROHIBITION ON MOVING AND TERMINATING CERTAIN FRANCHISES.
         27.05. APPRAISAL.
         27.07. ENFORCEMENT.
   § 27.01. DEFINITIONS. AS USED IN THIS ARTICLE:
   1. THE TERM "COMMUNITY", WITH RESPECT TO A FRANCHISE, MEANS THE METRO-
 POLITAN STATISTICAL AREA, AS DETERMINED BY THE FEDERAL OFFICE OF MANAGE-
 MENT  AND  BUDGET,  IN  WHICH THE FRANCHISE PLAYS THE GREATEST NUMBER OF
 REGULAR SEASON HOME GAMES WITHIN ITS LEAGUE OR, WHERE A  FRANCHISE  DOES
 NOT  PLAYS  ITS  GREATEST NUMBER OF REGULAR SEASON HOME GAMES WITHIN ITS
 LEAGUE WITHIN A METROPOLITAN STATISTICAL AREA, THE COUNTY IN  WHICH  THE
 FRANCHISE  PLAYS THE GREATEST NUMBER OF REGULAR SEASON HOME GAMES WITHIN
 ITS LEAGUE.
   2. THE TERM "CONSORTIUM" MEANS A GROUP OF  PRIVATE  INVESTORS  CREATED
 SPECIFICALLY  FOR  A  PARTICULAR TRANSACTION OF ACQUIRING A SPORTS FRAN-
 CHISE.
   3. THE TERM "FRANCHISE" MEANS A MEMBER PROFESSIONAL SPORTS TEAM  OF  A
 LEAGUE.
   4. THE TERM "FRANCHISE OWNER" MEANS A PERSON WHO OWNS A FRANCHISE.
   5. THE TERM "HOME COMMUNITY COOPERATIVE", WITH RESPECT TO A FRANCHISE,
 MEANS  AN  AUTONOMOUS  ASSOCIATION OF PERSONS UNITED VOLUNTARILY TO MEET
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15483-01-6
 S. 9845                             2
 
 THEIR COMMON  ECONOMIC,  SOCIAL,  AND  CULTURAL  NEEDS  AND  ASPIRATIONS
 THROUGH A JOINTLY OWNED AND DEMOCRATICALLY CONTROLLED ENTERPRISE THAT IS
 BASED  IN THE COMMUNITY IN WHICH THE FRANCHISE PLAYS THE GREATEST NUMBER
 OF REGULAR SEASON HOME GAMES WITHIN ITS LEAGUE.
   6.  THE  TERM  "LEAGUE"  INCLUDES  THE  NATIONAL  FOOTBALL LEAGUE, THE
 NATIONAL BASKETBALL ASSOCIATION, MAJOR  LEAGUE  BASEBALL,  THE  NATIONAL
 HOCKEY  LEAGUE,  MAJOR  LEAGUE  SOCCER,  THE WOMEN'S NATIONAL BASKETBALL
 ASSOCIATION, THE NATIONAL WOMEN'S SOCCER LEAGUE, AND ANY  OTHER  PROFES-
 SIONAL SPORTS LEAGUES DESIGNATED AS SUCH BY THE SECRETARY OF STATE.
   7.  THE  TERM  "LOCAL GOVERNMENT ENTITY", WITH RESPECT TO A FRANCHISE,
 MEANS ANY UNIT OF LOCAL GOVERNMENT WITH JURISDICTION OVER LAND USE DECI-
 SIONS IN THE LOCATION IN WHICH THE FRANCHISE PLAYS THE  GREATEST  NUMBER
 OF REGULAR SEASON HOME GAMES WITHIN ITS LEAGUE, INCLUDING THE STATE.
   8. THE TERM "NONPROFIT ORGANIZATION" MEANS ANY ORGANIZATION REGISTERED
 AS A PUBLIC CHARITY OR NOT-FOR-PROFIT CORPORATION UNDER STATE OR FEDERAL
 LAW.
   9.  THE  TERM "PRIVATE COMPANY" MEANS A BUSINESS ENTITY THE SECURITIES
 OF WHICH DO NOT TRADE ON PUBLIC MARKETS.
   10. THE TERM "PROPER NOTICE", WITH RESPECT TO PROPOSED  RELOCATION  OR
 ELIMINATION OF A FRANCHISE, MEANS NOTICE THAT IS PROVIDED NOT LATER THAN
 ONE  YEAR PRIOR TO THE COMMENCEMENT OF THE SEASON IN WHICH THE FRANCHISE
 IS TO PLAY HOME GAMES IN THE PROPOSED NEW LOCATION OR THE DATE OF  FRAN-
 CHISE  ELIMINATION TO ALL INTERESTED PARTIES, THE NEWS MEDIA, AND ON ALL
 SOCIAL MEDIA PLATFORMS OF THE FRANCHISE, AND INCLUDES, BUT IS NOT LIMIT-
 ED TO:
   (A) IDENTIFICATION OF THE PROPOSED NEW HOME LOCATION, IF APPLICABLE;
   (B) A SUMMARY OF THE REASONS FOR THE PROPOSED RELOCATION OR  FRANCHISE
 ELIMINATION; AND
   (C) THE DATE ON WHICH THE PROPOSED RELOCATION OR FRANCHISE ELIMINATION
 WOULD BE EFFECTIVE.
   11. THE TERM "SOCIAL MEDIA PLATFORM" MEANS A WEBSITE OR INTERNET MEDI-
 UM THAT:
   (A)  PERMITS  A  PERSON  TO  BECOME  A  REGISTERED  USER, ESTABLISH AN
 ACCOUNT, OR CREATE A PROFILE  FOR  THE  PURPOSE  OF  ALLOWING  USERS  TO
 CREATE,  SHARE,  AND VIEW USER-GENERATED CONTENT THROUGH SUCH AN ACCOUNT
 OR PROFILE;
   (B) ENABLES ONE OR MORE USERS TO GENERATE CONTENT THAT CAN  BE  VIEWED
 BY OTHER USERS OF THE WEBSITE OR MEDIUM; AND
   (C)  PRIMARILY  SERVES  AS A MEDIUM FOR USERS TO INTERACT WITH CONTENT
 GENERATED BY OTHER USERS OF THE WEBSITE OR MEDIUM.
   § 27.03. PROHIBITION ON MOVING AND TERMINATING CERTAIN FRANCHISES.  1.
 (A)  NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO PREEMPT, DIMINISH, OR
 INTERFERE WITH THE RIGHT OF EMPLOYEES TO COLLECTIVELY BARGAIN OVER TERMS
 AND CONDITIONS OF EMPLOYMENT.
   (B) NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO  PREEMPT,  DIMINISH,
 OR  INTERFERE WITH A COLLECTIVE BARGAINING AGREEMENT THAT IS IN PLACE ON
 THE EFFECTIVE DATE OF THIS ARTICLE.
   2. FRANCHISES WITH A COMMUNITY WITHIN THE STATE SHALL, AS A MATTER  OF
 PUBLIC POLICY:
   (A)  BE  ABLE  TO  BE  OWNED  BY A GOVERNMENT ENTITY OR MEMBERS OF THE
 GENERAL PUBLIC; OR
   (B) BE ABLE TO HAVE OWNERSHIP BE TRANSFERRED TO A GOVERNMENT ENTITY OR
 MEMBERS OF THE GENERAL PUBLIC.
   3. IN ACCORDANCE WITH SUBDIVISIONS FOUR AND FIVE OF  THIS  SECTION,  A
 FRANCHISE  OWNER  MAY  NOT MOVE THE FRANCHISE FROM THEIR HOME COMMUNITY,
 MOVE THE FRANCHISE FROM THE STATE, OR ELIMINATE THE FRANCHISE UNLESS THE
 S. 9845                             3
 
 FRANCHISE OWNER OFFERS AN ENTITY SPECIFIED IN SUBDIVISION FOUR  OF  THIS
 SECTION A FAIR OPPORTUNITY TO PURCHASE SUCH FRANCHISE.
   4.  A FAIR OPPORTUNITY TO PURCHASE A FRANCHISE PURSUANT TO SUBDIVISION
 THREE OF THIS SECTION SHALL BE PROVIDED, IN DESCENDING PRIORITY, TO  THE
 FOLLOWING  ENTITIES WHICH, AS A TERM OF SUCH PURCHASE, SHALL BE REQUIRED
 TO KEEP SUCH FRANCHISE WITHIN ITS COMMUNITY:
   (A) A LOCAL GOVERNMENT ENTITY OR A HOME COMMUNITY COOPERATIVE.
   (B) A NONPROFIT ORGANIZATION THAT OPERATES IN THE COMMUNITY OR A PUBL-
 IC-PRIVATE PARTNERSHIP COMPOSED OF A LOCAL GOVERNMENT ENTITY WITH A HOME
 COMMUNITY COOPERATIVE OR NONPROFIT ORGANIZATION  HEADQUARTERED  IN  SUCH
 UNIT OF LOCAL GOVERNMENT.
   (C)  A  PRIVATE PERSON, PRIVATE CONSORTIUM, OR COMPANY THAT RESIDES IN
 THE COMMUNITY OR OPERATES IN THE COMMUNITY.
   5. AT LEAST SIX MONTHS PRIOR TO THE RELOCATION  OR  ELIMINATION  OF  A
 FRANCHISE, THE FRANCHISE OWNER SHALL:
   (A)  PROVIDE  PROPER NOTICE REGARDING THE PROPOSED NEW LOCATION OF THE
 FRANCHISE OR PROPOSED  FRANCHISE  ELIMINATION  TO  THE  COMPTROLLER,  AS
 DETERMINED  BY  THE COMPTROLLER, AND THE COMMUNITY, AS DETERMINED BY THE
 SECRETARY OF STATE;
   (B) OFFER THE FRANCHISE FOR PURCHASE FOR A FAIR  PRICE  AS  DETERMINED
 UNDER SECTION 27.05 OF THIS ARTICLE; AND
   (C) IF AN OFFER IS MADE WHICH IS AT OR ABOVE THE FAIR PRICE, ACCEPT AN
 OFFER  MADE BY AN ENTITY, GIVING PRIORITY AS DESCRIBED UNDER SUBDIVISION
 FOUR OF THIS SECTION.
   § 27.05. APPRAISAL. 1. UPON A FRANCHISE OWNER PROVIDING PROPER  NOTICE
 UNDER  PARAGRAPH  (A) OF SUBDIVISION FIVE OF SECTION 27.03 OF THIS ARTI-
 CLE, THE COMPTROLLER SHALL ESTABLISH A TEAM  OF  PROFESSIONALLY  TRAINED
 APPRAISERS TO EVALUATE A FAIR PRICE FOR A FRANCHISE.
   2.  THE EVALUATION OF A FAIR PRICE UNDERTAKEN PURSUANT TO THIS SECTION
 SHALL DEDUCT FROM THE APPRAISAL AMOUNT THE TOTAL AMOUNT OF  ANY  GOVERN-
 MENT  PAYMENT,  CREDIT,  OR SUBSIDY PROVIDED FOR THE CONSTRUCTION OF ANY
 STADIUM WHERE THE FRANCHISE PLAYED THE MAJORITY OF THEIR HOME GAMES.
   § 27.07. ENFORCEMENT. 1. THE ATTORNEY GENERAL SHALL ASSESS  AGAINST  A
 FRANCHISE  OWNER  IN VIOLATION OF THIS ARTICLE A FINE OF THIRTY THOUSAND
 DOLLARS FOR EACH DAY THE OWNER IS IN VIOLATION OF THIS ARTICLE.
   2. A LOCAL GOVERNMENT ENTITY MAY BRING A CIVIL ACTION FOR VIOLATION OF
 THIS ARTICLE IN AN APPROPRIATE DISTRICT COURT AGAINST A FRANCHISE  OWNER
 FOR INJUNCTIVE AND MONETARY RELIEF.
   § 2. This act shall take effect immediately.