Amendment to antitrust exemption

The Act of September 30, 1961 (Public Law 87–331; 15 U.S.C. 1291 et seq.), is amended by adding at the end the following:

Conditional application of Act

(a)

Inapplicability

This Act shall not apply to a league of clubs of a professional sport for any period during which any member club of such league is— (1)subject to such league’s requirement, or to an agreement made by 2 or more member clubs of such league, that forbids any of such clubs to transfer (by sale or otherwise) an ownership interest of any kind in such club to any governmental entity or to members of the general public; or (2)not in compliance with subsection (b) or (c). (b)

Notice of proposed change in community; opportunities To respond to proposed relocation or elimination

(1)

In general

A member club that proposes to relocate, or a league that proposes to relocate or eliminate a member club, out of a community in the home territory of the member club shall furnish notice of such proposed relocation or elimination not later than 180 days before the commencement of the season in which the club is to play home games in the proposed new location. (2)

Persons entitled to receive notice

The notice required by paragraph (1) shall be furnished to all interested persons. (3)

Requirements

The notice shall— (A)be in writing and delivered in person or by certified mail; (B)be made available to the news media; (C)be published in 1 or more newspapers of general circulation within the club’s home community; and (D)contain— (i)an identification of the proposed new home community of such club if applicable; (ii)a summary of the reasons for the proposed relocation or elimination based on the criteria listed in subsection (c); and (iii)the date on which the proposed relocation or elimination would become effective. (4)

Opportunity to offer to purchase

(A)

In general

During the 180-day notice period specified in paragraph (1), a local government, stadium, arena authority, person, or any combination thereof, may prepare and present a proposal to purchase the club to retain the club in the home community. (B)

Membership in league

If a bid under subparagraph (A) is successful, the league of which the club is a member shall not prohibit the club’s membership in the league on the basis that the club is owned in whole or in part by several persons or entities, or by 1 or more local governments. (5)

Opportunity to induce club to stay

During the 180-day notice period specified in paragraph (1), the club (and the league of which the club is a member) shall give a local government, stadium authority, person, or any combination thereof, the opportunity to prepare and present a proposal to induce the club to remain in its home community. (6)

Response

The response of the owner of the club to any offer made under paragraph (4) or (5) shall— (A)be in writing and delivered in person or by certified mail; and (B)state in detail the reasons for refusal of any bona fide offer. (7)

Determination by league

(A)

In general

The league of which the club is a member shall make a determination, before the expiration of the 180-day notice period specified in paragraph (1), with respect to the relocation or elimination of the club out of its home community. (B)

Hearings

In making a determination under this paragraph, the league shall conduct a hearing at which interested persons are afforded an opportunity to present oral or written testimony regarding the proposed relocation or elimination of the club. The league shall keep a record of all such proceedings. (C)

Consideration of proposals

The league shall take into account any inducement proposal that is offered under paragraph (5). (8)

Considerations

In determining whether to approve or disapprove the relocation or elimination of the club, the league shall take into consideration the criteria listed in subsection (c). (c)

Criteria for relocation or elimination decisions

Notwithstanding any other law, before making a decision to approve or disapprove the relocation or elimination of a club out of its home community, the league of which such club is a member shall take into consideration— (1)the extent to which fan loyalty to and support for the club has been demonstrated during the club’s operation in such community; (2)the degree to which the club has engaged in good faith negotiations with appropriate persons concerning terms and conditions under which the club would continue to play home games in such community or elsewhere within the club’s home territory; (3)the degree to which the ownership or management of the club has contributed to any circumstances that might demonstrate the need for the relocation or elimination; (4)the extent to which the club, directly or indirectly, received public financial support by means of any publicly financed playing facility, special tax treatment, or any other form of public financial support; (5)the adequacy of the stadium in which the club played its home games in the previous season, and the willingness of the stadium, arena authority, or local government to remedy any deficiencies in the facility; (6)whether the club has incurred net operating losses, exclusive of depreciation and amortization, sufficient to threaten the continued financial viability of the club; (7)whether any other club in the league is located in the same home community; (8)whether the club proposes to relocate to a community that is the home community of another member club of the league; (9)whether the stadium authority, if public, is opposed to the proposed relocation or elimination; and (10)whether there is a bona fide investor offering fair market value for the club and seeking to retain the club in such community.