text: 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 regions in which 
          they are located, providing a source of civic pride for their 
          supporters;
              (2) professional sports teams provide employment 
          opportunities, revenues, and a valuable form of entertainment 
          for the cities and regions in which they are located;
              (3) there are significant public investments associated 
          with professional sports facilities;
              (4) it is in the public interest to encourage professional 
          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 interstate 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 geographic 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 relevant 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 government 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 football, 
                  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 association, 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 DETERMINATION 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 authorizing the membership of the league to 
  decide that a member club of such league shall not be relocated.
      (b) Criteria for Relocation Decisions.--Notwithstanding 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 
  consideration--
              (1) the extent to which fan loyalty to and support 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 community or elsewhere within its home territory;
              (3) the degree to which the ownership or management of the 
          team has contributed to any circumstances that might 
          demonstrate the need for the relocation;
              (4) the extent to which the team, 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 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 operating losses, 
          exclusive of depreciation and amortization, sufficient to 
          threaten the continued financial viability of the team;
              (7) whether any other team in the league is located 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 offering 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 TERRITORY 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.
      (c) Requirements.--The notice shall--
              (1) be in writing and delivered in person or by certified 
          mail;
              (2) be made available to the news media;
              (3) be published in 1 or more newspapers of general 
          circulation within the member team's home territory; and
              (4) contain--
                      (A) an identification of the proposed new location 
                  of such member team;
                      (B) a summary of the reasons for the change in home 
                  territory based on the criteria listed in section 4(b); 
                  and
                      (C) the date on which the proposed change would 
                  become effective.
      (d) Opportunity to Purchase.--
              (1) In general.--During the 180-day notice period under 
          subsection (a), a local government, stadium, arena authority, 
          person, or any combination thereof, may prepare and present a 
          proposal to purchase the member team to retain the team in the 
          home territory.
              (2) Membership in league.--If a bid under paragraph (1) is 
          successful, the professional sports league of the member team 
          shall not prohibit membership in the league on the basis that 
          the new ownership of the member team is made up of multiple 
          owners or that the new ownership includes 1 or more local 
          governments.
      (e) Opportunity to Induce Team to Stay.--During the 180-day notice 
  period under subsection (a), a local government, stadium authority, 
  person, or any combination thereof, shall be given the opportunity to 
  prepare and present a proposal to induce the member team to remain in 
  its home territory.
      (f) Response.--The response of the owner to any offer made under 
  subsection (d) or (e) shall--
              (1) be in writing and delivered in person or by certified 
          mail; and
              (2) state in detail the reasons for refusal of any bona 
          fide offer.
      (g) Determination by League.--
              (1) In general.--The professional sports league shall make 
          a determination with respect to the location of such member 
          team's home territory before the expiration of the 180-day 
          notice period required by this section.
              (2) Hearings.--In making a determination under this 
          subsection, the professional sports league shall conduct a 
          hearing at which interested parties are afforded an opportunity 
          to present oral or written testimony regarding a change in the 
          location of a member team's home territory. The league shall 
          keep a record of all such proceedings.
              (3) Consideration of proposals.--The professional sports 
          league shall take into account any inducement proposal that has 
          been offered under subsection (e).
      (h) Considerations.--In determining whether to approve or 
  disapprove the relocation of a member team, a professional sports 
  league shall take into consideration the criteria listed in section 
  4(b).
  
  SEC. 6. JUDICIAL REVIEW.
  
      (a) In General.--A decision by a professional sports league to 
  approve or disapprove the relocation of a member team may be reviewed 
  in a civil action brought by an interested party.
      (b) Venue.--
              (1) In general.--Subject to paragraph (3), venue shall be 
          proper in any district court of the United States having 
          jurisdiction over the action under section 1331 of title 28, 
          United States Code.
              (2) Change of venue.--Subject to paragraph (3), upon the 
          motion of any party, the district court may, for the 
          convenience of the parties or in the interests of justice, 
          transfer an action brought under this section to any district 
          that has jurisdiction over such action under section 1331 of 
          title 28, United States Code.
              (3) Limitation.--No action may be brought under this 
          section in any United States district court of the State that 
          contains--
                      (A) the member club's home territory; or
                      (B) the proposed location of such member club.
      (c) Additional Proceedings.--In any case in which the interested 
  parties have not been afforded an opportunity to present oral or 
  written testimony in accordance with section 5(f), the district court 
  may, by order, require the relevant professional sports league to 
  conduct additional proceedings at which such testimony may be 
  presented, and to reconsider its decision to approve or disapprove the 
  relocation based on such testimony. Not later than 30 days after the 
  date of any such order, the league shall reconsider and resubmit its 
  decision to the district court, and the district court shall review 
  such decision in accordance with this section.
      (d) No Waiver of Rights.--Nothing in this Act shall be construed to 
  require the waiver of any legal rights in existence prior to the date 
  of enactment of this Act.
  
  SEC. 7. INAPPLICABILITY TO CERTAIN MATTERS.
  
      (a) In General.--Nothing contained in this Act shall--
              (1) alter, determine, or otherwise affect the applicability 
          or inapplicability of the antitrust laws, the labor laws, or 
          any other provision of law relating to the wages, hours, or 
          other terms and conditions of employment of players in any 
          professional sports league, to any employment matter regarding 
          players in any such league, or to any collective bargaining 
          rights and privilege of any player union in any such league;
              (2) alter or affect the applicability or inapplicability of 
          the antitrust laws or any applicable Federal or State law 
          relating to broadcasting or telecasting, including section 1291 
          of title 15, United States Code, any agreement between any 
          professional sports league or its member teams, and any person 
          not affiliated with such a league for the broadcasting or 
          telecasting of the games of such league or its member teams on 
          any form of television;
              (3) affect any contract, or provision of a contract, 
          relating to the use of a stadium or arena between a member team 
          and the owner or operator of any stadium or arena or any other 
          person;
              (4) exempt from the antitrust laws any agreement to fix the 
          prices of admission to sports contests;
              (5) exempt from the antitrust laws any predatory practice 
          or other conduct with respect to competing sports leagues that 
          would otherwise be unlawful under the antitrust laws; or
              (6) except as provided in this Act, alter, determine, or 
          otherwise affect the applicability or inapplicability of the 
          antitrust laws to any act, contract, agreement, rule, course of 
          conduct, or other activity by, between, or among persons 
          engaging in, conducting, or participating in professional 
          football, basketball, hockey, or baseball.
      (b) Definition.--As used in this section, the term ``antitrust 
  laws'' shall have the meaning given to such term in the first section 
  of the Clayton Act (15 U.S.C. 12) and in the Federal Trade Commission 
  Act (15 U.S.C. 41 et seq.).
  
  SEC. 8. ATTEMPTS TO INFLUENCE RELOCATION DECISIONS.
  
      It shall be unlawful for any person, including a member team, 
  owner, or affiliated party, or any State or political subdivision, to 
  make or offer to make a payment of money or to provide or arrange with 
  others for the provision 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 October 1, 1995.
target: Fans Rights Act of 1995 - Declares that it shall not be unlawful by reason of any provision of the antitrust laws for a professional sports league to enforce rules authorizing the membership of the league to decide that a member club of such league shall not be relocated. 
  Sets forth criteria for relocation decisions by leagues, including: (1) fan loyalty; (2) the extent to which the team received public financial support by means of any publicly financed playing facility, special tax treatment, or any other form of such support; (3) 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; and (4) whether the team has incurred net operating losses, exclusive of depreciation and amortization, sufficient to threaten the continued financial viability of the team. 
  Requires any person seeking to change the home territory of a member team to furnish notice to all interested parties of the 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. Sets forth notice requirements. 
  Provides that, during the 180-day notice period, a local government, stadium, arena authority, person, or any combination thereof:  (1) may prepare and present a proposal to purchase the member team to retain the team in the home territory; and (2) shall be given the opportunity to prepare and present such a proposal.  Requires the response of the owner to any offer made to be in writing and delivered in person or by certified mail, stating in detail the reasons for refusal of any bona fide offer. 
  Directs the league to make a determination with respect to the location of such member team's home territory before the expiration of the notice period, after conducting a hearing at which interested parties are afforded an opportunity to present testimony. 
  Sets forth provisions regarding judicial review. 
  Prohibits making or offering to make a payment, or to provide or arrange with others for the provision of other value, to a league or any of its members in connection with a decision regarding the relocation of a member team.
feat_title: Fans Rights Act of 1995