For those who missed it, the owners' full proposal is here: http://www.usatoday.com/sports/basketball/nba/nba%20proposal%2011-11-2011.pdf
I didn't realize the more punitive luxury tax didn't kick in until Year 3.
I'm curious how this one works:
A team in any season that uses the Non-Taxpayer Mid-Level
Exception or the Bi-Annual Exception, or that in year 3 or after
acquires a free agent in a sign-and-trade, cannot at any time
thereafter have a team salary at any point during that season in
excess of the Tax level; provided, however, that a team with a team
salary below the Tax level would be permitted prior to October 15 to
engage in a transaction using either of the foregoing exceptions or a
sign-and-trade that would result in its team salary exceeding the Tax
level by no more than $5M, so long as it engages in other
subsequent transactions to bring its team salary below the Tax level
on October 15 and its team salary does not exceed the Tax level at
any time thereafter.
So, let's say the Celts are just below the luxury tax line, and sign somebody to the MLE. October 15 comes and goes, and the Celtics haven't gotten under the cap. What's the consequence?
I'm not sure what the consequence is, but one benefit is that teams don't have to renounce free agents immediately to get under the tax level so that they can use the non-taxpayer MLE. It does present a problem if a team has lot of injuries, so teams should be allowed to use the minimum salary exception to exceed the tax level.
One possibility is that teams can be required to have a combination of cap holds (free agents that can be renounced or draft picks that can be left unsigned) and unguaranteed contracts that can be cut totaling at least as much as the team goes over the tax line.
I would suggest a counter-proposal for the player that, instead of teams effectively triggering a hard cap for themselves with the use of certain exceptions, that the use of those exceptions triggers a more progressive luxury tax schedule. Another idea would be that which MLE you can use depends on your taxpayer status from the previous season.
With regards to other bits:
The waiting period for re-signing traded players who are waived kills any hare-brained trade idea that involves the Celtics trading someone like Ray Allen with a wink-wink deal that he gets waived and re-signed by the Celtics for the minimum. Maybe that will clean up the trade ideas forum a bit.
The qualifying offer for late first-round picks being determined by "starter" status could lead to the sort of games with playing time that lead baseball teams to try and manage prospects to avoid them getting "Super Two" status for arbitration.
As written, the traded player exception gives non-taxpayers a bigger exception than taxpayers until the team trades $19.6 million in salary. Above that, the TPE for taxpayers is larger.
Base-year compensation is eliminated, except in sign-and-trades, in favor of not allowing those players to be traded until January 15.