As Introduced 1 122nd General Assembly 4 Regular Session H. B. No. 462 5 1997-1998 6 REPRESENTATIVES TIBERI-SCHULER-GARCIA-THOMAS-SYKES-COLONNA- 8 METELSKY-WINKLER-VAN VYVEN-BRITTON 9 11 A B I L L To enact sections 4501.30 and 4503.59 of the Revised 13 Code to provide for the issuance of motor vehicle 14 license plates bearing the logos of professional 15 sports teams, to provide for the collection of a 16 contribution of $40 for each set of such license 17 plates issued, and to use those contributions to 18 provide funds to the sports commissions of those 19 counties in which are located professional sports 20 teams that contract with the Bureau of Motor 21 Vehicles for the display of their logos on such 22 license plates. 23 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 25 Section 1. That sections 4501.30 and 4503.59 of the 27 Revised Code be enacted to read as follows: 28 Sec. 4501.30. (A) THERE IS HEREBY CREATED IN THE STATE 31 TREASURY THE PROFESSIONAL SPORTS TEAMS LICENSE PLATE FUND. THE 32 FUND SHALL CONSIST OF THE CONTRIBUTIONS THAT ARE PAID TO THE 33 REGISTRAR OF MOTOR VEHICLES BY APPLICANTS WHO VOLUNTARILY CHOOSE 34 TO OBTAIN LICENSE PLATES BEARING THE LOGO OF A PROFESSIONAL 35 SPORTS TEAM PURSUANT TO SECTION 4503.59 OF THE REVISED CODE. 37 (B) IF A PROFESSIONAL SPORTS TEAM LOCATED IN THIS STATE 40 DESIRES TO HAVE ITS LOGO APPEAR ON LICENSE PLATES ISSUED BY THIS 41 STATE, IT SHALL ENTER INTO A CONTRACT WITH THE REGISTRAR TO 42 PERMIT SUCH DISPLAY. THE LARGEST CONVENTION AND VISITOR'S BUREAU 43 IN EVERY COUNTY IN WHICH IS LOCATED A PROFESSIONAL SPORTS TEAM 44 2 THAT ENTERS INTO SUCH A CONTRACT SHALL DESIGNATE A SPORTS 46 COMMISSION OPERATING IN THAT COUNTY TO RECEIVE THE CONTRIBUTIONS 47 THAT ARE PAID BY APPLICANTS WHO CHOOSE TO BE ISSUED LICENSE 48 PLATES BEARING THE LOGO OF THAT PROFESSIONAL SPORTS TEAM FOR 49 DISPLAY ON THEIR MOTOR VEHICLES. UPON SUCH DESIGNATION, THE 50 REGISTRAR SHALL PAY TO THAT SPORTS COMMISSION ALL CONTRIBUTIONS 51 THAT ARE PAID BY APPLICANTS WHO OBTAIN LICENSE PLATES THAT BEAR 52 THE LOGOS OF PARTICIPATING PROFESSIONAL SPORTS TEAMS LOCATED IN 53 THE COUNTY OF THE DESIGNATED SPORTS COMMISSION, IRRESPECTIVE OF 54 THE COUNTY OF RESIDENCE OF AN APPLICANT. 55 (C) A SPORTS COMMISSION SHALL EXPEND THE MONEY IT RECEIVES 58 UNDER THIS SECTION TO ATTRACT REGIONAL, NATIONAL, AND 59 INTERNATIONAL SPORTING EVENTS TO THE MUNICIPAL CORPORATION, 60 COUNTY, OR TOWNSHIP IN WHICH IT IS LOCATED, AND IT MAY SPONSOR 61 SUCH EVENTS. PRIOR TO ATTRACTING OR SPONSORING SUCH EVENTS, THE 62 SPORTS COMMISSION SHALL PERFORM AN ECONOMIC ANALYSIS TO DETERMINE 63 WHETHER THE PROPOSED EVENT WILL HAVE A POSITIVE ECONOMIC EFFECT 64 ON THE GREATER AREA IN WHICH THE EVENT WILL BE HELD. A SPORTS 65 COMMISSION SHALL NOT EXPEND ANY MONEY IT RECEIVES UNDER THIS 66 SECTION TO ATTRACT OR SPONSOR A REGIONAL, NATIONAL, OR 67 INTERNATIONAL SPORTING EVENT IF ITS ECONOMIC ANALYSIS DOES NOT 68 RESULT IN A FINDING THAT THE PROPOSED EVENT WILL HAVE A POSITIVE 69 ECONOMIC EFFECT ON THE GREATER AREA IN WHICH THE EVENT WILL BE 70 HELD. (D) THE REGISTRAR SHALL TAKE ALL MEASURES NECESSARY TO 73 IMPLEMENT THIS SECTION, INCLUDING ENTERING INTO ANY CONTRACTS 74 THAT REQUIRE THE PAYMENT OF LICENSING OR RIGHTS FEES IN 75 CONNECTION WITH THE ISSUANCE OF PROFESSIONAL SPORTS TEAM LICENSE 76 PLATES. THE REGISTRAR MAY AUTHORIZE AND REQUIRE A SPORTS 77 COMMISSION TO NEGOTIATE SUCH A CONTRACT ON BEHALF OF THE STATE, 78 BUT THE REGISTRAR AND NOT THE SPORTS COMMISSION SHALL ENTER INTO 79 ALL SUCH CONTRACTS ON BEHALF OF THE STATE. 80 (E) FOR PURPOSES OF THIS SECTION: 83 (1) THE "LARGEST" CONVENTION AND VISITOR'S BUREAU OF A 86 3 COUNTY IS THE BUREAU THAT RECEIVES THE LARGEST AMOUNT OF MONEY 87 GENERATED IN THAT COUNTY FROM EXCISE TAXES LEVIED ON LODGING 88 TRANSACTIONS UNDER SECTIONS 351.021, 5739.02, AND 5739.024 OF THE 89 REVISED CODE. 90 (2) "SPORTS COMMISSION" MEANS A LOCAL OR COUNTYWIDE 93 NONPROFIT CORPORATION ORGANIZED UNDER THE LAWS OF THIS STATE THAT 94 IS ENTITLED TO TAX EXEMPT STATUS UNDER SECTION 501(c)(3) OF THE 96 "INTERNAL REVENUE CODE OF 1986," 100 STAT. 2085, 26 U.S.C.A. 501, 101 AS AMENDED, AND WHOSE FUNCTION IS TO ATTRACT, PROMOTE, OR SPONSOR 102 SPORTS AND ATHLETIC EVENTS WITHIN A MUNICIPAL CORPORATION, 103 COUNTY, OR TOWNSHIP. A SPORTS COMMISSION MAY PROVIDE ALL 104 SERVICES RELATED TO ATTRACTING, PROMOTING, OR SPONSORING SUCH 105 EVENTS, INCLUDING, BUT NOT LIMITED TO, THE BOOKING OF ATHLETES 106 AND TEAMS, SCHEDULING, AND HIRING OR CONTRACTING FOR STAFF, 107 USHERS, MANAGERS, AND OTHER PERSONS WHOSE FUNCTIONS ARE DIRECTLY 108 RELATED TO THE SPORTS AND ATHLETIC EVENTS THE COMMISSION 109 ATTRACTS, PROMOTES, OR SPONSORS. "SPORTS COMMISSION" INCLUDES A 110 LOCAL OR COUNTYWIDE ORGANIZATION THAT IS NOT NAMED A "SPORTS 111 COMMISSION" BUT THAT PERFORMS THE SAME FUNCTIONS AS A SPORTS 112 COMMISSION, IS A NONPROFIT CORPORATION ORGANIZED UNDER THE LAWS 113 OF THIS STATE, AND IS ENTITLED TO TAX EXEMPT STATUS UNDER SECTION 114 501(c)(3) OF THE "INTERNAL REVENUE CODE OF 1986," 100 STAT. 2085, 119 26 U.S.C.A. 501, AS AMENDED. 121 Sec. 4503.59. (A) IF A PROFESSIONAL SPORTS TEAM LOCATED 124 IN THIS STATE DESIRES TO HAVE ITS LOGO APPEAR ON LICENSE PLATES 125 ISSUED BY THIS STATE, IT SHALL ENTER INTO A CONTRACT WITH THE 126 REGISTRAR OF MOTOR VEHICLES TO PERMIT SUCH DISPLAY, AS PERMITTED 127 IN SECTION 4501.29 OF THE REVISED CODE. THE OWNER OR LESSEE OF 129 ANY PASSENGER CAR, NONCOMMERCIAL MOTOR VEHICLE, RECREATIONAL 130 VEHICLE, OR OTHER VEHICLE OF A CLASS APPROVED BY THE REGISTRAR 131 MAY APPLY TO THE REGISTRAR FOR THE REGISTRATION OF THE VEHICLE 132 AND ISSUANCE OF LICENSE PLATES BEARING THE LOGO OF A PROFESSIONAL 134 SPORTS TEAM THAT HAS ENTERED INTO SUCH A CONTRACT. THE 135 APPLICATION SHALL DESIGNATE THE SPORTS TEAM WHOSE LOGO THE OWNER 136 4 OR LESSEE DESIRES TO APPEAR ON THE LICENSE PLATES. FAILURE TO 137 DESIGNATE A PARTICIPATING PROFESSIONAL SPORTS TEAM SHALL RESULT 138 IN REJECTION BY THE REGISTRAR OF THE REGISTRATION APPLICATION. 139 AN APPLICATION MADE UNDER THIS SECTION MAY BE COMBINED WITH A 140 REQUEST FOR A SPECIAL RESERVED LICENSE PLATE UNDER SECTION 141 4503.40 OR 4503.42 OF THE REVISED CODE. UPON RECEIPT OF THE 143 COMPLETED APPLICATION AND COMPLIANCE BY THE APPLICANT WITH 144 DIVISIONS (B) AND (C) OF THIS SECTION, THE REGISTRAR SHALL ISSUE 147 TO THE APPLICANT THE APPROPRIATE VEHICLE REGISTRATION AND A SET 148 OF LICENSE PLATES BEARING THE LOGO OF THE PROFESSIONAL SPORTS 149 TEAM THE OWNER DESIGNATED IN THE APPLICATION AND A VALIDATION 150 STICKER, OR A VALIDATION STICKER ALONE WHEN REQUIRED BY SECTION 151 4503.191 OF THE REVISED CODE. 153 IN ADDITION TO THE LETTERS AND NUMBERS ORDINARILY INSCRIBED 156 THEREON, PROFESSIONAL SPORTS TEAM LICENSE PLATES SHALL BEAR THE 157 LOGO OF A PARTICIPATING PROFESSIONAL SPORTS TEAM, AND SHALL 158 DISPLAY COUNTY IDENTIFICATION STICKERS THAT IDENTIFY THE COUNTY 159 OF REGISTRATION BY NAME OR NUMBER. (B) THE PROFESSIONAL SPORTS TEAM LOGO LICENSE PLATES AND 162 VALIDATION STICKER, OR VALIDATION STICKER ALONE, AS THE CASE MAY 163 BE, SHALL BE ISSUED UPON PAYMENT OF THE REGULAR LICENSE TAX AS 164 PRESCRIBED UNDER SECTION 4503.04 OF THE REVISED CODE, ANY 167 APPLICABLE MOTOR VEHICLE LICENSE TAX LEVIED UNDER CHAPTER 4504. 169 OF THE REVISED CODE, A FEE OF TEN DOLLARS FOR THE PURPOSE OF 172 COMPENSATING THE BUREAU OF MOTOR VEHICLES FOR ADDITIONAL SERVICES 173 REQUIRED IN THE ISSUING OF PROFESSIONAL SPORTS TEAM LICENSE 174 PLATES, AND COMPLIANCE WITH ALL OTHER APPLICABLE LAWS RELATING TO 175 THE REGISTRATION OF MOTOR VEHICLES. IF THE APPLICATION FOR A 176 PROFESSIONAL SPORTS TEAM LOGO LICENSE PLATE IS COMBINED WITH A 177 REQUEST FOR A SPECIAL RESERVED LICENSE PLATE UNDER SECTION 178 4503.40 OR 4503.42 OF THE REVISED CODE, THE LICENSE PLATES AND 180 VALIDATION STICKER, OR VALIDATION STICKER ALONE, SHALL BE ISSUED 181 UPON PAYMENT OF THE REGULAR LICENSE TAX AS PRESCRIBED UNDER 182 SECTION 4503.04 OF THE REVISED CODE, ANY APPLICABLE MOTOR VEHICLE 185 5 TAX LEVIED UNDER CHAPTER 4504. OF THE REVISED CODE, A FEE OF TEN 188 DOLLARS FOR THE PURPOSE OF COMPENSATING THE BUREAU OF MOTOR 189 VEHICLES FOR ADDITIONAL SERVICES REQUIRED IN THE ISSUING OF 190 PROFESSIONAL SPORTS TEAM LICENSE PLATES, THE ADDITIONAL FEE 191 PRESCRIBED UNDER SECTION 4503.40 OR 4503.42 OF THE REVISED CODE, 194 AND COMPLIANCE WITH ALL OTHER APPLICABLE LAWS RELATING TO THE 195 REGISTRATION OF MOTOR VEHICLES. 196 (C) FOR EACH APPLICATION FOR REGISTRATION AND REGISTRATION 199 RENEWAL NOTICE THE REGISTRAR RECEIVES UNDER THIS SECTION, THE 200 REGISTRAR SHALL COLLECT A CONTRIBUTION OF FORTY DOLLARS. THE 201 REGISTRAR SHALL TRANSMIT THIS CONTRIBUTION TO THE TREASURER OF 202 STATE FOR DEPOSIT INTO THE STATE TREASURY FOR DISTRIBUTION AS 203 DESCRIBED IN SECTION 4501.30 OF THE REVISED CODE. 205 THE REGISTRAR SHALL TRANSMIT THE ADDITIONAL FEE OF TEN 207 DOLLARS PAID TO COMPENSATE THE BUREAU FOR THE ADDITIONAL SERVICES 209 REQUIRED IN THE ISSUING OF PROFESSIONAL SPORTS TEAM LICENSE 210 PLATES TO THE TREASURER OF STATE FOR DEPOSIT INTO THE STATE 211 TREASURY TO THE CREDIT OF THE STATE BUREAU OF MOTOR VEHICLES FUND 212 CREATED BY SECTION 4501.25 OF THE REVISED CODE. 214