As Passed by the House 1
122nd General Assembly 4
Regular Session Am. Sub. H. B. No. 462 5
1997-1998 6
REPRESENTATIVES TIBERI-SCHULER-GARCIA-THOMAS-COLONNA-METELSKY- 8
WINKLER-VAN VYVEN-BRITTON-OLMAN-KASPUTIS-TAVARES-WISE-REID- 9
FORD-HARRIS-MOTTL-JONES-VERICH-PATTON-CALLENDER-BOYD- 10
O'BRIEN-BATEMAN-WILSON-BRADING-ROBERTS-PERZ-SALERNO 11
13
A B I L L
To enact sections 4501.31 and 4503.591 of the 15
Revised Code to provide for the issuance of motor 16
vehicle license plates bearing the logos of 17
professional sports teams, to provide for the 18
collection of a contribution of $25 for each set 19
of such license plates issued, and to use those 21
contributions to provide funds to the sports 22
commissions of those counties in which are 23
located professional sports teams that permit the 25
display of their logos on such license plates. 26
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 28
Section 1. That sections 4501.31 and 4503.591 of the 30
Revised Code be enacted to read as follows: 31
Sec. 4501.31. (A) THERE IS HEREBY CREATED IN THE STATE 34
TREASURY THE PROFESSIONAL SPORTS TEAMS LICENSE PLATE FUND. THE 35
FUND SHALL CONSIST OF THE CONTRIBUTIONS THAT ARE PAID TO THE 36
REGISTRAR OF MOTOR VEHICLES BY APPLICANTS WHO VOLUNTARILY CHOOSE 37
TO OBTAIN LICENSE PLATES BEARING THE LOGO OF A PROFESSIONAL 38
SPORTS TEAM PURSUANT TO SECTION 4503.591 OF THE REVISED CODE. 40
(B) IF A PROFESSIONAL SPORTS TEAM LOCATED IN THIS STATE 43
DESIRES TO HAVE ITS LOGO APPEAR ON LICENSE PLATES ISSUED BY THIS 44
STATE, IT SHALL INFORM THE LARGEST CONVENTION AND VISITORS' 46
BUREAU OF THE COUNTY IN WHICH THE PROFESSIONAL SPORTS TEAM IS 48
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LOCATED OF THAT DESIRE. THAT CONVENTION AND VISITORS' BUREAU
SHALL DESIGNATE A SPORTS COMMISSION OPERATING IN THAT COUNTY TO 50
RECEIVE THE CONTRIBUTIONS THAT ARE PAID BY APPLICANTS WHO CHOOSE 51
TO BE ISSUED LICENSE PLATES BEARING THE LOGO OF THAT PROFESSIONAL 52
SPORTS TEAM FOR DISPLAY ON THEIR MOTOR VEHICLES. THE DESIGNATED 54
SPORTS COMMISSION ALSO SHALL HAVE THE DUTIES OF NEGOTIATING WITH 55
THE PROFESSIONAL SPORTS TEAM TO PERMIT THE DISPLAY OF THE TEAM'S 56
LOGO ON LICENSE PLATES ISSUED BY THIS STATE, ENTERING INTO THE 57
CONTRACT WITH THE TEAM TO PERMIT SUCH DISPLAY, AND PAYING TO THE
TEAM ANY LICENSING OR RIGHTS FEE THAT MUST BE PAID IN CONNECTION 58
WITH THE ISSUANCE OF THE LICENSE PLATES. UPON EXECUTION OF THE 59
CONTRACT, THE SPORTS COMMISSION SHALL PROVIDE A COPY OF IT TO THE 60
REGISTRAR OF MOTOR VEHICLES, ALONG WITH ANY OTHER DOCUMENTATION 61
THE REGISTRAR MAY REQUIRE. UPON RECEIPT OF THE CONTRACT AND ANY 62
REQUIRED ADDITIONAL DOCUMENTATION, AND WHEN THE NUMERICAL
REQUIREMENT CONTAINED IN DIVISION (A) OF SECTION 4503.78 OF THE 64
REVISED CODE HAS BEEN MET RELATIVE TO THAT PARTICULAR 65
PROFESSIONAL SPORTS TEAM, THE REGISTRAR SHALL TAKE THE MEASURES 66
NECESSARY TO ISSUE LICENSE PLATES BEARING THE LOGO OF THAT TEAM. 67
THE REGISTRAR SHALL PAY TO THE DESIGNATED SPORTS COMMISSION 70
ALL CONTRIBUTIONS THAT ARE PAID BY APPLICANTS WHO OBTAIN LICENSE 71
PLATES THAT BEAR THE LOGOS OF PARTICIPATING PROFESSIONAL SPORTS 72
TEAMS LOCATED IN THE COUNTY OF THE DESIGNATED SPORTS COMMISSION, 73
IRRESPECTIVE OF THE COUNTY OF RESIDENCE OF AN APPLICANT. 74
(C) A SPORTS COMMISSION SHALL EXPEND THE MONEY IT RECEIVES 77
UNDER THIS SECTION TO ATTRACT AMATEUR REGIONAL, NATIONAL, AND 78
INTERNATIONAL SPORTING EVENTS TO THE MUNICIPAL CORPORATION, 79
COUNTY, OR TOWNSHIP IN WHICH IT IS LOCATED, AND IT MAY SPONSOR 80
SUCH EVENTS. PRIOR TO ATTRACTING OR SPONSORING SUCH EVENTS, THE 81
SPORTS COMMISSION SHALL PERFORM AN ECONOMIC ANALYSIS TO DETERMINE 82
WHETHER THE PROPOSED EVENT WILL HAVE A POSITIVE ECONOMIC EFFECT 83
ON THE GREATER AREA IN WHICH THE EVENT WILL BE HELD. A SPORTS 84
COMMISSION SHALL NOT EXPEND ANY MONEY IT RECEIVES UNDER THIS 85
SECTION TO ATTRACT OR SPONSOR AN AMATEUR REGIONAL, NATIONAL, OR 86
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INTERNATIONAL SPORTING EVENT IF ITS ECONOMIC ANALYSIS DOES NOT 87
RESULT IN A FINDING THAT THE PROPOSED EVENT WILL HAVE A POSITIVE 88
ECONOMIC EFFECT ON THE GREATER AREA IN WHICH THE EVENT WILL BE 89
HELD.
A SPORTS COMMISSION THAT RECEIVES MONEY PURSUANT TO THIS 91
SECTION, IN ADDITION TO ANY OTHER DUTIES IMPOSED ON IT BY LAW AND 92
NOTWITHSTANDING THE SCOPE OF THOSE DUTIES, ALSO SHALL ENCOURAGE 94
THE ECONOMIC DEVELOPMENT OF THIS STATE THROUGH THE PROMOTION OF 95
TOURISM WITHIN ALL AREAS OF THIS STATE. A SPORTS COMMISSION THAT 96
RECEIVES TEN THOUSAND DOLLARS OR MORE DURING ANY CALENDAR YEAR
PURSUANT TO THIS SECTION SHALL SUBMIT A WRITTEN REPORT TO THE 97
DIRECTOR OF DEVELOPMENT, ON OR BEFORE THE FIRST DAY OF OCTOBER OF 99
THE NEXT SUCCEEDING YEAR, DETAILING ITS EFFORTS AND EXPENDITURES 100
IN THE PROMOTION OF TOURISM DURING THE CALENDAR YEAR IN WHICH IT 101
RECEIVED THE TEN THOUSAND DOLLARS OR MORE.
AS USED IN THIS DIVISION, "PROMOTION OF TOURISM" MEANS THE 103
ENCOURAGEMENT THROUGH ADVERTISING, EDUCATIONAL AND INFORMATIONAL 104
MEANS, AND PUBLIC RELATIONS, BOTH WITHIN THE STATE AND OUTSIDE OF 106
IT, OF TRAVEL BY PERSONS AWAY FROM THEIR HOMES FOR PLEASURE, 107
PERSONAL REASONS, OR OTHER PURPOSES, EXCEPT TO WORK, TO THIS 108
STATE OR TO THE REGION IN WHICH THE SPORTS COMMISSION IS LOCATED.
(D) FOR PURPOSES OF THIS SECTION: 111
(1) THE "LARGEST" CONVENTION AND VISITORS' BUREAU OF A 114
COUNTY IS THE BUREAU THAT RECEIVES THE LARGEST AMOUNT OF MONEY 115
GENERATED IN THAT COUNTY FROM EXCISE TAXES LEVIED ON LODGING 116
TRANSACTIONS UNDER SECTIONS 351.021, 5739.02, AND 5739.024 OF THE 117
REVISED CODE. 118
(2) "SPORTS COMMISSION" MEANS A LOCAL OR COUNTYWIDE 121
NONPROFIT CORPORATION ORGANIZED UNDER THE LAWS OF THIS STATE THAT 122
IS ENTITLED TO TAX EXEMPT STATUS UNDER SECTION 501(c)(3) OF THE 124
"INTERNAL REVENUE CODE OF 1986," 100 STAT. 2085, 26 U.S.C.A. 501, 129
AS AMENDED, AND WHOSE FUNCTION IS TO ATTRACT, PROMOTE, OR SPONSOR 130
SPORTS AND ATHLETIC EVENTS WITHIN A MUNICIPAL CORPORATION, 131
COUNTY, OR TOWNSHIP. A SPORTS COMMISSION MAY PROVIDE ALL 132
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SERVICES RELATED TO ATTRACTING, PROMOTING, OR SPONSORING SUCH 133
EVENTS, INCLUDING, BUT NOT LIMITED TO, THE BOOKING OF ATHLETES 134
AND TEAMS, SCHEDULING, AND HIRING OR CONTRACTING FOR STAFF, 135
USHERS, MANAGERS, AND OTHER PERSONS WHOSE FUNCTIONS ARE DIRECTLY 136
RELATED TO THE SPORTS AND ATHLETIC EVENTS THE COMMISSION 137
ATTRACTS, PROMOTES, OR SPONSORS. "SPORTS COMMISSION" INCLUDES A 138
LOCAL OR COUNTYWIDE ORGANIZATION THAT IS NOT NAMED A "SPORTS 139
COMMISSION" BUT THAT PERFORMS THE SAME FUNCTIONS AS A SPORTS 140
COMMISSION, IS A NONPROFIT CORPORATION ORGANIZED UNDER THE LAWS 141
OF THIS STATE, AND IS ENTITLED TO TAX EXEMPT STATUS UNDER SECTION 142
501(c)(3) OF THE "INTERNAL REVENUE CODE OF 1986," 100 STAT. 2085, 147
26 U.S.C.A. 501, AS AMENDED. 149
Sec. 4503.591. (A) IF A PROFESSIONAL SPORTS TEAM LOCATED 152
IN THIS STATE DESIRES TO HAVE ITS LOGO APPEAR ON LICENSE PLATES 153
ISSUED BY THIS STATE, IT SHALL ENTER INTO A CONTRACT WITH THE 154
PROPER SPORTS COMMISSION TO PERMIT SUCH DISPLAY, AS PERMITTED IN 155
SECTION 4501.31 OF THE REVISED CODE. THE OWNER OR LESSEE OF ANY 158
PASSENGER CAR, NONCOMMERCIAL MOTOR VEHICLE, RECREATIONAL VEHICLE, 159
OR OTHER VEHICLE OF A CLASS APPROVED BY THE REGISTRAR OF MOTOR 160
VEHICLES MAY APPLY TO THE REGISTRAR FOR THE REGISTRATION OF THE
VEHICLE AND ISSUANCE OF LICENSE PLATES BEARING THE LOGO OF A 162
PROFESSIONAL SPORTS TEAM THAT HAS ENTERED INTO SUCH A CONTRACT. 163
THE APPLICATION SHALL DESIGNATE THE SPORTS TEAM WHOSE LOGO THE 164
OWNER OR LESSEE DESIRES TO APPEAR ON THE LICENSE PLATES. FAILURE 166
TO DESIGNATE A PARTICIPATING PROFESSIONAL SPORTS TEAM SHALL 167
RESULT IN REJECTION BY THE REGISTRAR OF THE REGISTRATION
APPLICATION. AN APPLICATION MADE UNDER THIS SECTION MAY BE 168
COMBINED WITH A REQUEST FOR A SPECIAL RESERVED LICENSE PLATE 169
UNDER SECTION 4503.40 OR 4503.42 OF THE REVISED CODE. UPON 172
RECEIPT OF THE COMPLETED APPLICATION AND COMPLIANCE BY THE 173
APPLICANT WITH DIVISIONS (B) AND (C) OF THIS SECTION, THE 175
REGISTRAR SHALL ISSUE TO THE APPLICANT THE APPROPRIATE VEHICLE 176
REGISTRATION AND A SET OF LICENSE PLATES BEARING THE LOGO OF THE 177
PROFESSIONAL SPORTS TEAM THE OWNER DESIGNATED IN THE APPLICATION 178
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AND A VALIDATION STICKER, OR A VALIDATION STICKER ALONE WHEN 179
REQUIRED BY SECTION 4503.191 OF THE REVISED CODE. 182
IN ADDITION TO THE LETTERS AND NUMBERS ORDINARILY INSCRIBED 185
THEREON, PROFESSIONAL SPORTS TEAM LICENSE PLATES SHALL BEAR THE 186
LOGO OF A PARTICIPATING PROFESSIONAL SPORTS TEAM, AND SHALL 187
DISPLAY COUNTY IDENTIFICATION STICKERS THAT IDENTIFY THE COUNTY 188
OF REGISTRATION BY NAME OR NUMBER.
(B) THE PROFESSIONAL SPORTS TEAM LICENSE PLATES AND 191
VALIDATION STICKER, OR VALIDATION STICKER ALONE, AS THE CASE MAY 192
BE, SHALL BE ISSUED UPON PAYMENT OF THE REGULAR LICENSE TAX AS 193
PRESCRIBED UNDER SECTION 4503.04 OF THE REVISED CODE, ANY 196
APPLICABLE MOTOR VEHICLE LICENSE TAX LEVIED UNDER CHAPTER 4504. 198
OF THE REVISED CODE, A FEE OF TEN DOLLARS FOR THE PURPOSE OF 201
COMPENSATING THE BUREAU OF MOTOR VEHICLES FOR ADDITIONAL SERVICES 202
REQUIRED IN THE ISSUING OF PROFESSIONAL SPORTS TEAM LICENSE 203
PLATES, AND COMPLIANCE WITH ALL OTHER APPLICABLE LAWS RELATING TO 204
THE REGISTRATION OF MOTOR VEHICLES. IF THE APPLICATION FOR A 205
PROFESSIONAL SPORTS TEAM LICENSE PLATE IS COMBINED WITH A REQUEST 206
FOR A SPECIAL RESERVED LICENSE PLATE UNDER SECTION 4503.40 OR 207
4503.42 OF THE REVISED CODE, THE LICENSE PLATES AND VALIDATION 210
STICKER, OR VALIDATION STICKER ALONE, SHALL BE ISSUED UPON 211
PAYMENT OF THE REGULAR LICENSE TAX AS PRESCRIBED UNDER SECTION 212
4503.04 OF THE REVISED CODE, ANY APPLICABLE MOTOR VEHICLE TAX 214
LEVIED UNDER CHAPTER 4504. OF THE REVISED CODE, A FEE OF TEN 217
DOLLARS FOR THE PURPOSE OF COMPENSATING THE BUREAU OF MOTOR 218
VEHICLES FOR ADDITIONAL SERVICES REQUIRED IN THE ISSUING OF 219
PROFESSIONAL SPORTS TEAM LICENSE PLATES, THE ADDITIONAL FEE 220
PRESCRIBED UNDER SECTION 4503.40 OR 4503.42 OF THE REVISED CODE, 223
AND COMPLIANCE WITH ALL OTHER APPLICABLE LAWS RELATING TO THE 224
REGISTRATION OF MOTOR VEHICLES. 225
(C) FOR EACH APPLICATION FOR REGISTRATION AND REGISTRATION 228
RENEWAL NOTICE THE REGISTRAR RECEIVES UNDER THIS SECTION, THE 229
REGISTRAR SHALL COLLECT A CONTRIBUTION OF TWENTY-FIVE DOLLARS. 230
THE REGISTRAR SHALL TRANSMIT THIS CONTRIBUTION TO THE TREASURER 231
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OF STATE FOR DEPOSIT INTO THE STATE TREASURY FOR DISTRIBUTION AS 232
DESCRIBED IN SECTION 4501.31 OF THE REVISED CODE. 234
THE REGISTRAR SHALL TRANSMIT THE ADDITIONAL FEE OF TEN 236
DOLLARS PAID TO COMPENSATE THE BUREAU FOR THE ADDITIONAL SERVICES 238
REQUIRED IN THE ISSUING OF PROFESSIONAL SPORTS TEAM LICENSE 239
PLATES TO THE TREASURER OF STATE FOR DEPOSIT INTO THE STATE 240
TREASURY TO THE CREDIT OF THE STATE BUREAU OF MOTOR VEHICLES FUND 241
CREATED BY SECTION 4501.25 OF THE REVISED CODE. 243