09/24/2024
DRAFT LEGISLATION
Title: Prohibition on the Use of Public Funds for Private Sports Complexes or Stadiums Act
Section 1. Purpose
The purpose of this Act is to prohibit the use of taxpayer money to finance the construction, renovation, or maintenance of any privately-owned or operated sports complex or stadium in the State of New York, ensuring that public funds are reserved for public goods and services.
Section 2. Definitions
(a) “Taxpayer money” means any funds derived from state or local taxes, including but not limited to property taxes, sales taxes, income taxes, and special assessments.
(b) “Sports complex or stadium” means any structure, facility, or venue primarily used for sporting events, including but not limited to arenas, ballparks, and stadiums, whether indoor or outdoor.
(c) “Privately-owned or operated” means any sports complex or stadium owned or managed by a private entity, including but not limited to corporations, limited liability companies, partnerships, or private individuals.
Section 3. Prohibition
(a) No state or local government entity, including but not limited to municipalities, counties, or authorities, shall use taxpayer money to finance, subsidize, or otherwise contribute to the construction, renovation, or maintenance of any privately-owned or operated sports complex or stadium.
(b) Any existing agreements or contracts that are contrary to this Act shall be deemed void upon the expiration of their current term and shall not be renewed or extended in a manner that would violate this prohibition.
Section 4. Enforcement
(a) Any taxpayer residing in the State of New York shall have standing to file a lawsuit in state court to enforce the provisions of this Act.
(b) In any successful action brought under this section, the court may award the plaintiff reasonable attorney’s fees and costs.
Section 5. Effective Date
This Act shall take effect immediately upon passage.
DRAFT CONSTITUTIONAL AMENDMENT
Title: Constitutional Amendment Prohibiting the Use of Public Funds for Private Sports Complexes or Stadiums
Article XX, Section X. Use of Public Funds for Private Sports Complexes or Stadiums
(a) No public funds, including state and local tax revenues, shall be used to finance, directly or indirectly, the construction, renovation, or maintenance of any privately-owned or operated sports complex or stadium.
(b) The Legislature shall not enact any law, nor shall any executive or administrative body or agency enter into any agreement, that authorizes the use of public funds for the benefit of any privately-owned or operated sports complex or stadium.
(c) This prohibition shall not apply to publicly-owned and operated sports facilities that are open to and serve the general public.
(d) This amendment shall be self-executing and shall not require additional legislation for its implementation.
(e) This amendment shall take effect immediately upon adoption by the voters of the State of New York.
Rationale
The legislation and constitutional amendment aim to protect taxpayers from bearing the financial burden of subsidizing private sports ventures, which often benefit private entities without corresponding public benefit. By enshrining these provisions in both statutory law and the state constitution, the intent is to provide a robust and enduring safeguard against the misuse of public funds in this context.
This draft serves as a starting point and would need to go through the legislative process, including debate, revisions, and approval by the state legislature and, in the case of the constitutional amendment, by the voters of New York State.
