As Reported by the House Transportation and Public Safety 1 Committee 122nd General Assembly 4 Regular Session Sub. 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 4501.31 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 $25 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 permit the display of their logos on 21 such license plates. 22 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 24 Section 1. That sections 4501.31 and 4503.59 of the 26 Revised Code be enacted to read as follows: 27 Sec. 4501.31. (A) THERE IS HEREBY CREATED IN THE STATE 30 TREASURY THE PROFESSIONAL SPORTS TEAMS LICENSE PLATE FUND. THE 31 FUND SHALL CONSIST OF THE CONTRIBUTIONS THAT ARE PAID TO THE 32 REGISTRAR OF MOTOR VEHICLES BY APPLICANTS WHO VOLUNTARILY CHOOSE 33 TO OBTAIN LICENSE PLATES BEARING THE LOGO OF A PROFESSIONAL 34 SPORTS TEAM PURSUANT TO SECTION 4503.59 OF THE REVISED CODE. 36 (B) IF A PROFESSIONAL SPORTS TEAM LOCATED IN THIS STATE 39 DESIRES TO HAVE ITS LOGO APPEAR ON LICENSE PLATES ISSUED BY THIS 40 STATE, IT SHALL INFORM THE LARGEST CONVENTION AND VISITOR'S 42 BUREAU OF THE COUNTY IN WHICH THE PROFESSIONAL SPORTS TEAM IS 44 LOCATED OF THAT DESIRE. THAT CONVENTION AND VISITORS BUREAU 2 SHALL DESIGNATE A SPORTS COMMISSION OPERATING IN THAT COUNTY TO 46 RECEIVE THE CONTRIBUTIONS THAT ARE PAID BY APPLICANTS WHO CHOOSE 47 TO BE ISSUED LICENSE PLATES BEARING THE LOGO OF THAT PROFESSIONAL 48 SPORTS TEAM FOR DISPLAY ON THEIR MOTOR VEHICLES. THE DESIGNATED 50 SPORTS COMMISSION ALSO SHALL HAVE THE DUTIES OF NEGOTIATING WITH 51 THE PROFESSIONAL SPORTS TEAM TO PERMIT THE DISPLAY OF THE TEAM'S 52 LOGO ON LICENSE PLATES ISSUED BY THIS STATE, ENTERING INTO THE 53 CONTRACT WITH THE TEAM TO PERMIT SUCH DISPLAY, AND PAYING TO THE TEAM ANY LICENSING OR RIGHTS FEE THAT MUST BE PAID IN CONNECTION 54 WITH THE ISSUANCE OF THE LICENSE PLATES. UPON EXECUTION OF THE 55 CONTRACT, THE SPORTS COMMISSION SHALL PROVIDE A COPY OF IT TO THE 56 REGISTRAR OF MOTOR VEHICLES, ALONG WITH ANY OTHER DOCUMENTATION 57 THE REGISTRAR MAY REQUIRE. UPON RECEIPT OF THE CONTRACT AND ANY 58 REQUIRED ADDITIONAL DOCUMENTATION, AND WHEN THE NUMERICAL REQUIREMENT CONTAINED IN DIVISION (A) OF SECTION 4503.78 OF THE 60 REVISED CODE HAS BEEN MET RELATIVE TO THAT PARTICULAR 61 PROFESSIONAL SPORTS TEAM, THE REGISTRAR SHALL TAKE THE MEASURES 62 NECESSARY TO ISSUE LICENSE PLATES BEARING THE LOGO OF THAT TEAM. 63 THE REGISTRAR SHALL PAY TO THE DESIGNATED SPORTS COMMISSION 66 ALL CONTRIBUTIONS THAT ARE PAID BY APPLICANTS WHO OBTAIN LICENSE 67 PLATES THAT BEAR THE LOGOS OF PARTICIPATING PROFESSIONAL SPORTS 68 TEAMS LOCATED IN THE COUNTY OF THE DESIGNATED SPORTS COMMISSION, 69 IRRESPECTIVE OF THE COUNTY OF RESIDENCE OF AN APPLICANT. 70 (C) A SPORTS COMMISSION SHALL EXPEND THE MONEY IT RECEIVES 73 UNDER THIS SECTION TO ATTRACT REGIONAL, NATIONAL, AND 74 INTERNATIONAL SPORTING EVENTS TO THE MUNICIPAL CORPORATION, 75 COUNTY, OR TOWNSHIP IN WHICH IT IS LOCATED, AND IT MAY SPONSOR 76 SUCH EVENTS. PRIOR TO ATTRACTING OR SPONSORING SUCH EVENTS, THE 77 SPORTS COMMISSION SHALL PERFORM AN ECONOMIC ANALYSIS TO DETERMINE 78 WHETHER THE PROPOSED EVENT WILL HAVE A POSITIVE ECONOMIC EFFECT 79 ON THE GREATER AREA IN WHICH THE EVENT WILL BE HELD. A SPORTS 80 COMMISSION SHALL NOT EXPEND ANY MONEY IT RECEIVES UNDER THIS 81 SECTION TO ATTRACT OR SPONSOR A REGIONAL, NATIONAL, OR 82 INTERNATIONAL SPORTING EVENT IF ITS ECONOMIC ANALYSIS DOES NOT 83 3 RESULT IN A FINDING THAT THE PROPOSED EVENT WILL HAVE A POSITIVE 84 ECONOMIC EFFECT ON THE GREATER AREA IN WHICH THE EVENT WILL BE 85 HELD. A SPORTS COMMISSION THAT RECEIVES MONEY PURSUANT TO THIS 87 SECTION, IN ADDITION TO ANY OTHER DUTIES IMPOSED ON IT BY LAW AND 88 NOTWITHSTANDING THE SCOPE OF THOSE DUTIES, ALSO SHALL ENCOURAGE 90 THE ECONOMIC DEVELOPMENT OF THIS STATE THROUGH THE PROMOTION OF 91 TOURISM WITHIN ALL AREAS OF THIS STATE. A SPORTS COMMISSION THAT 92 RECEIVES TEN THOUSAND DOLLARS OR MORE DURING ANY CALENDAR YEAR PURSUANT TO THIS SECTION SHALL SUBMIT A WRITTEN REPORT TO THE 93 DIRECTOR OF DEVELOPMENT, ON OR BEFORE THE FIRST DAY OF OCTOBER OF 95 THE NEXT SUCCEEDING YEAR, DETAILING ITS EFFORTS AND EXPENDITURES 96 IN THE PROMOTION OF TOURISM DURING THE CALENDAR YEAR IN WHICH IT 97 RECEIVED THE TEN THOUSAND DOLLARS OR MORE. AS USED IN THIS DIVISION, "PROMOTION OF TOURISM" MEANS THE 99 ENCOURAGEMENT THROUGH ADVERTISING, EDUCATIONAL AND INFORMATIONAL 100 MEANS, AND PUBLIC RELATIONS, BOTH WITHIN THE STATE AND OUTSIDE OF 102 IT, OF TRAVEL BY PERSONS AWAY FROM THEIR HOMES FOR PLEASURE, 103 PERSONAL REASONS, OR OTHER PURPOSES, EXCEPT TO WORK, TO THIS 104 STATE OR TO THE REGION IN WHICH THE SPORTS COMMISSION IS LOCATED. (D) FOR PURPOSES OF THIS SECTION: 107 (1) THE "LARGEST" CONVENTION AND VISITOR'S BUREAU OF A 110 COUNTY IS THE BUREAU THAT RECEIVES THE LARGEST AMOUNT OF MONEY 111 GENERATED IN THAT COUNTY FROM EXCISE TAXES LEVIED ON LODGING 112 TRANSACTIONS UNDER SECTIONS 351.021, 5739.02, AND 5739.024 OF THE 113 REVISED CODE. 114 (2) "SPORTS COMMISSION" MEANS A LOCAL OR COUNTYWIDE 117 NONPROFIT CORPORATION ORGANIZED UNDER THE LAWS OF THIS STATE THAT 118 IS ENTITLED TO TAX EXEMPT STATUS UNDER SECTION 501(c)(3) OF THE 120 "INTERNAL REVENUE CODE OF 1986," 100 STAT. 2085, 26 U.S.C.A. 501, 125 AS AMENDED, AND WHOSE FUNCTION IS TO ATTRACT, PROMOTE, OR SPONSOR 126 SPORTS AND ATHLETIC EVENTS WITHIN A MUNICIPAL CORPORATION, 127 COUNTY, OR TOWNSHIP. A SPORTS COMMISSION MAY PROVIDE ALL 128 SERVICES RELATED TO ATTRACTING, PROMOTING, OR SPONSORING SUCH 129 4 EVENTS, INCLUDING, BUT NOT LIMITED TO, THE BOOKING OF ATHLETES 130 AND TEAMS, SCHEDULING, AND HIRING OR CONTRACTING FOR STAFF, 131 USHERS, MANAGERS, AND OTHER PERSONS WHOSE FUNCTIONS ARE DIRECTLY 132 RELATED TO THE SPORTS AND ATHLETIC EVENTS THE COMMISSION 133 ATTRACTS, PROMOTES, OR SPONSORS. "SPORTS COMMISSION" INCLUDES A 134 LOCAL OR COUNTYWIDE ORGANIZATION THAT IS NOT NAMED A "SPORTS 135 COMMISSION" BUT THAT PERFORMS THE SAME FUNCTIONS AS A SPORTS 136 COMMISSION, IS A NONPROFIT CORPORATION ORGANIZED UNDER THE LAWS 137 OF THIS STATE, AND IS ENTITLED TO TAX EXEMPT STATUS UNDER SECTION 138 501(c)(3) OF THE "INTERNAL REVENUE CODE OF 1986," 100 STAT. 2085, 143 26 U.S.C.A. 501, AS AMENDED. 145 Sec. 4503.59. (A) IF A PROFESSIONAL SPORTS TEAM LOCATED 148 IN THIS STATE DESIRES TO HAVE ITS LOGO APPEAR ON LICENSE PLATES 149 ISSUED BY THIS STATE, IT SHALL ENTER INTO A CONTRACT WITH THE 150 PROPER SPORTS COMMISSION TO PERMIT SUCH DISPLAY, AS PERMITTED IN 151 SECTION 4501.31 OF THE REVISED CODE. THE OWNER OR LESSEE OF ANY 154 PASSENGER CAR, NONCOMMERCIAL MOTOR VEHICLE, RECREATIONAL VEHICLE, 155 OR OTHER VEHICLE OF A CLASS APPROVED BY THE REGISTRAR MAY APPLY 156 TO THE REGISTRAR FOR THE REGISTRATION OF THE VEHICLE AND ISSUANCE 157 OF LICENSE PLATES BEARING THE LOGO OF A PROFESSIONAL SPORTS TEAM 158 THAT HAS ENTERED INTO SUCH A CONTRACT. THE APPLICATION SHALL 159 DESIGNATE THE SPORTS TEAM WHOSE LOGO THE OWNER OR LESSEE DESIRES 160 TO APPEAR ON THE LICENSE PLATES. FAILURE TO DESIGNATE A 161 PARTICIPATING PROFESSIONAL SPORTS TEAM SHALL RESULT IN REJECTION 162 BY THE REGISTRAR OF THE REGISTRATION APPLICATION. AN APPLICATION 163 MADE UNDER THIS SECTION MAY BE COMBINED WITH A REQUEST FOR A 164 SPECIAL RESERVED LICENSE PLATE UNDER SECTION 4503.40 OR 4503.42 165 OF THE REVISED CODE. UPON RECEIPT OF THE COMPLETED APPLICATION 168 AND COMPLIANCE BY THE APPLICANT WITH DIVISIONS (B) AND (C) OF 170 THIS SECTION, THE REGISTRAR SHALL ISSUE TO THE APPLICANT THE 171 APPROPRIATE VEHICLE REGISTRATION AND A SET OF LICENSE PLATES 172 BEARING THE LOGO OF THE PROFESSIONAL SPORTS TEAM THE OWNER 173 DESIGNATED IN THE APPLICATION AND A VALIDATION STICKER, OR A 174 VALIDATION STICKER ALONE WHEN REQUIRED BY SECTION 4503.191 OF THE 175 5 REVISED CODE. 177 IN ADDITION TO THE LETTERS AND NUMBERS ORDINARILY INSCRIBED 180 THEREON, PROFESSIONAL SPORTS TEAM LICENSE PLATES SHALL BEAR THE 181 LOGO OF A PARTICIPATING PROFESSIONAL SPORTS TEAM, AND SHALL 182 DISPLAY COUNTY IDENTIFICATION STICKERS THAT IDENTIFY THE COUNTY 183 OF REGISTRATION BY NAME OR NUMBER. (B) THE PROFESSIONAL SPORTS TEAM LOGO LICENSE PLATES AND 186 VALIDATION STICKER, OR VALIDATION STICKER ALONE, AS THE CASE MAY 187 BE, SHALL BE ISSUED UPON PAYMENT OF THE REGULAR LICENSE TAX AS 188 PRESCRIBED UNDER SECTION 4503.04 OF THE REVISED CODE, ANY 191 APPLICABLE MOTOR VEHICLE LICENSE TAX LEVIED UNDER CHAPTER 4504. 193 OF THE REVISED CODE, A FEE OF TEN DOLLARS FOR THE PURPOSE OF 196 COMPENSATING THE BUREAU OF MOTOR VEHICLES FOR ADDITIONAL SERVICES 197 REQUIRED IN THE ISSUING OF PROFESSIONAL SPORTS TEAM LICENSE 198 PLATES, AND COMPLIANCE WITH ALL OTHER APPLICABLE LAWS RELATING TO 199 THE REGISTRATION OF MOTOR VEHICLES. IF THE APPLICATION FOR A 200 PROFESSIONAL SPORTS TEAM LOGO LICENSE PLATE IS COMBINED WITH A 201 REQUEST FOR A SPECIAL RESERVED LICENSE PLATE UNDER SECTION 202 4503.40 OR 4503.42 OF THE REVISED CODE, THE LICENSE PLATES AND 204 VALIDATION STICKER, OR VALIDATION STICKER ALONE, SHALL BE ISSUED 205 UPON PAYMENT OF THE REGULAR LICENSE TAX AS PRESCRIBED UNDER 206 SECTION 4503.04 OF THE REVISED CODE, ANY APPLICABLE MOTOR VEHICLE 209 TAX LEVIED UNDER CHAPTER 4504. OF THE REVISED CODE, A FEE OF TEN 212 DOLLARS FOR THE PURPOSE OF COMPENSATING THE BUREAU OF MOTOR 213 VEHICLES FOR ADDITIONAL SERVICES REQUIRED IN THE ISSUING OF 214 PROFESSIONAL SPORTS TEAM LICENSE PLATES, THE ADDITIONAL FEE 215 PRESCRIBED UNDER SECTION 4503.40 OR 4503.42 OF THE REVISED CODE, 218 AND COMPLIANCE WITH ALL OTHER APPLICABLE LAWS RELATING TO THE 219 REGISTRATION OF MOTOR VEHICLES. 220 (C) FOR EACH APPLICATION FOR REGISTRATION AND REGISTRATION 223 RENEWAL NOTICE THE REGISTRAR RECEIVES UNDER THIS SECTION, THE 224 REGISTRAR SHALL COLLECT A CONTRIBUTION OF TWENTY-FIVE DOLLARS. 225 THE REGISTRAR SHALL TRANSMIT THIS CONTRIBUTION TO THE TREASURER 226 OF STATE FOR DEPOSIT INTO THE STATE TREASURY FOR DISTRIBUTION AS 227 6 DESCRIBED IN SECTION 4501.31 OF THE REVISED CODE. 229 THE REGISTRAR SHALL TRANSMIT THE ADDITIONAL FEE OF TEN 231 DOLLARS PAID TO COMPENSATE THE BUREAU FOR THE ADDITIONAL SERVICES 233 REQUIRED IN THE ISSUING OF PROFESSIONAL SPORTS TEAM LICENSE 234 PLATES TO THE TREASURER OF STATE FOR DEPOSIT INTO THE STATE 235 TREASURY TO THE CREDIT OF THE STATE BUREAU OF MOTOR VEHICLES FUND 236 CREATED BY SECTION 4501.25 OF THE REVISED CODE. 238