I
104TH CONGRESS
1ST SESSION
H. R. 2699
To require the consideration of certain criteria in decisions to relocate
professional sports teams, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 30, 1995
Mr. STOKES introduced the following bill; which was referred to the Commit-
tee on the Judiciary, and in addition to the Committee on Commerce, for
a period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the com-
mittee concerned
A BILL
To require the consideration of certain criteria in decisions
to relocate professional sports teams, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Fans Rights Act of
1995’’.
SEC. 2. FINDINGS.
The Congress finds that—
(1) professional sports teams foster a strong
local identity with the people of the cities and re-
gions in which they are located, providing a source
of civic pride for their supporters;
(2) professional sports teams provide employ-
ment opportunities, revenues, and a valuable form of
entertainment for the cities and regions in which
they are located;
(3) there are significant public investments as-
sociated with professional sports facilities;
(4) it is in the public interest to encourage pro-
fessional sports leagues to operate under policies
that promote stability among their member teams
and to promote the equitable resolution of disputes
arising from the proposed relocation of professional
sports teams; and
(5) professional sports teams travel in inter-
state to compete and utilize materials shipped in
interstate commerce, and professional sports games
are broadcast nationally.
SEC. 3. DEFINITIONS.
As used in this Act—
(1) the term ‘‘home territory’’ means the geo-
graphic area within which a member team operates
and plays the majority of its home games, as defined
in the governing agreement or agreements of the rel-
evant league on November 1, 1995, or upon the
commencement of operations of any league after
such date;
(2) the term ‘‘interested party’’ includes—
(A) any local government that has provided
financial assistance, including tax abatement, to
the facilities in which the team plays;
(B) a representative of the local govern-
ment for the locality in which a member team’s
stadium or arena is located;
(C) a member team;
(D) the owner or operator of a stadium or
arena of a member team; and
(E) any other affected party, as designated
by the relevant league;
(3) the term ‘‘local government’’ means a city,
county, parish, town, township, village, or any other
general governmental unit established under State
law;
(4) the terms ‘‘member team’’ and ‘‘team’’
mean any team of professional athletes—
(A) organized to play major league foot-
ball, basketball, hockey, or baseball; and
(B) that is a member of a professional
sports league;
(5) the term ‘‘person’’ means any individual,
partnership, corporation, or unincorporated associa-
tion, any combination or association thereof, or any
political subdivision;
(6) the terms ‘‘professional sports league’’ and
‘‘league’’ mean an association that—
(A) is composed of 2 or more member
teams;
(B) regulates the contests and exhibitions
of its member teams; and
(C) has been engaged in competition in a
particular sport for more than 7 years; and
(7) the terms ‘‘stadium’’ and ‘‘arena’’ mean the
principal physical facility within which a member
team plays the majority of its home games.
SEC. 4. CLARIFICATION OF ANTITRUST LAWS RELATED TO
THE RELOCATION AND RELOCATION DETER-
MINATION CRITERIA.
(a) APPLICATION OF ANTITRUST LAWS.—It shall not
be unlawful by reason of any provision of the antitrust
laws for a professional sports league to enforce rules au-
thorizing the membership of the league to decide that a
member club of such league shall not be relocated.
(b) CRITERIA FOR RELOCATION DECISIONS.—Not-
withstanding any other law, prior to making a decision
to approve or disapprove the relocation of a member team,
a professional sports league shall take into consider-
ation—
(1) the extent to which fan loyalty to and sup-
port for the team has been demonstrated during the
team’s tenure in the community;
(2) the degree to which the team has engaged
in good faith negotiations with appropriate persons
concerning terms and conditions under which the
team would continue to play its games in the com-
munity or elsewhere within its home territory;
(3) the degree to which the ownership or man-
agement of the team has contributed to any cir-
cumstances that might demonstrate the need for the
relocation;
(4) the extent to which the team, directly or in-
directly, received public financial support by means
of any publicly financed playing facility, special tax
treatment, or any other form of public financial sup-
port;
(5) the adequacy of the stadium in which the
team 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 team has incurred net operat-
ing losses, exclusive of depreciation and amortiza-
tion, sufficient to threaten the continued financial vi-
ability of the team;
(7) whether any other team in the league is lo-
cated in the community in which the team is located;
(8) whether the team proposes to relocate to a
community in which no other team in the league is
located;
(9) whether the stadium authority, if public, is
opposed to the relocation; and
(10) whether there is a bona fide investor offer-
ing fair market value for the member team and
seeking to retain the team in the home territory.
SEC. 5. NOTICE OF PROPOSED CHANGE IN HOME TERRI-
TORY AND RIGHT OF FIRST REFUSAL.
(a) IN GENERAL.—Any person seeking to change the
home territory of a member team to a location other than
the location of such member team’s home territory shall
furnish notice of such proposed change not later than 180
days before the commencement of the season in which the
member team is to play in such other location.
(b) PARTIES ENTITLED TO RECEIVE NOTICE.—The
notice required under subsection (a) shall be furnished to
all interested parties.
sion of other value to a league or to any of its members
in connection with a decision regarding the relocation of
a member team.
SEC. 9. EFFECTIVE DATE.
This Act shall apply to any relocation of the home
territory of a member team that occurs on or after Octo-
ber 1, 1995.
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