As Introduced

125th General Assembly
Regular Session
H. B. No. 393

REPRESENTATIVES Harwood, Perry, Williams, Hartnett, Carano, Schmidt, Seitz, Seaver, Sferra, Book, Kearns, Otterman, DeGeeter, Ujvagi, Barrett

To amend section 3383.01 of the Revised Code to 1
provide that the Ohio Arts and Sports Facilities 2
Commission may participate in the financing of 3
motorsports complexes.4


       Section 1. That section 3383.01 of the Revised Code be 5
amended to read as follows:6

       Sec. 3383.01.  As used in this chapter:7

       (A) "Arts" means any of the following:8

       (1) Visual, musical, dramatic, graphic, design, and other9
arts, including, but not limited to, architecture, dance,10
literature, motion pictures, music, painting, photography,11
sculpture, and theater, and the provision of training or education12
in these arts;13

       (2) The presentation or making available, in museums or other 14
indoor or outdoor facilities, of principles of science and their 15
development, use, or application in business, industry, or16
commerce or of the history, heritage, development, presentation,17
and uses of the arts described in division (A)(1) of this section18
and of transportation;19

       (3) The preservation, presentation, or making available of20
features of archaeological, architectural, environmental, or21
historical interest or significance in a state historical facility22
or a local historical facility.23

       (B) "Arts organization" means either of the following:24

       (1) A governmental agency or Ohio nonprofit corporation that25
provides programs or activities in areas directly concerned with26
the arts;27

       (2) A regional arts and cultural district as defined in28
section 3381.01 of the Revised Code.29

       (C) "Arts project" means all or any portion of an Ohio arts30
facility for which the general assembly has specifically31
authorized the spending of money, or made an appropriation,32
pursuant to division (D)(3) or (E) of section 3383.07 of the33
Revised Code.34

       (D) "Cooperative contract" means a contract between the Ohio35
arts and sports facilities commission and an arts organization36
providing the terms and conditions of the cooperative use of an37
Ohio arts facility.38

       (E) "Costs of operation" means amounts required to manage an39
Ohio arts facility that are incurred following the completion of40
construction of its arts project, provided that both of the41
following apply:42

       (1) Those amounts either:43

       (a) Have been committed to a fund dedicated to that purpose;44

       (b) Equal the principal of any endowment fund, the income45
from which is dedicated to that purpose.46

       (2) The commission and the arts organization have executed an47
agreement with respect to either of those funds.48

       (F) "General building services" means general building49
services for an Ohio arts facility or an Ohio sports facility,50
including, but not limited to, general custodial care, security,51
maintenance, repair, painting, decoration, cleaning, utilities,52
fire safety, grounds and site maintenance and upkeep, and53

       (G) "Governmental agency" means a state agency, a55
state-supported or state-assisted institution of higher education,56
a municipal corporation, county, township, or school district, a57
port authority created under Chapter 4582. of the Revised Code,58
any other political subdivision or special district in this state59
established by or pursuant to law, or any combination of these60
entities; except where otherwise indicated, the United States or61
any department, division, or agency of the United States, or any62
agency, commission, or authority established pursuant to an63
interstate compact or agreement.64

       (H) "Local contributions" means the value of an asset65
provided by or on behalf of an arts organization from sources66
other than the state, the value and nature of which shall be67
approved by the Ohio arts and sports facilities commission, in its68
sole discretion. "Local contributions" may include the value of69
the site where an arts project is to be constructed. All "local70
contributions," except a contribution attributable to such a site,71
shall be for the costs of construction of an arts project or the72
costs of operation of an arts facility.73

       (I) "Local historical facility" means a site or facility,74
other than a state historical facility, of archaeological,75
architectural, environmental, or historical interest or76
significance, or a facility, including a storage facility,77
appurtenant to the operations of such a site or facility, that is78
owned by an arts organization, provided the facility meets the79
requirements of division (K)(2)(b) of this section, is managed by80
or pursuant to a contract with the Ohio arts and sports facilities81
commission, and is used for or in connection with the activities82
of the commission, including the presentation or making available83
of arts to the public.84

       (J) "Manage," "operate," or "management" means the provision85
of, or the exercise of control over the provision of, activities:86

       (1) Relating to the arts for an Ohio arts facility, including 87
as applicable, but not limited to, providing for displays,88
exhibitions, specimens, and models; booking of artists,89
performances, or presentations; scheduling; and hiring or90
contracting for directors, curators, technical and scientific91
staff, ushers, stage managers, and others directly related to the92
arts activities in the facility; but not including general93
building services;94

       (2) Relating to sports and athletic events for an Ohio sports95
facility, including as applicable, but not limited to, providing 96
for booking of athletes, teams, and events; scheduling; and hiring 97
or contracting for staff, ushers, managers, and others directly 98
related to the sports and athletic events in the facility; but not 99
including general building services.100

       (K) "Ohio arts facility" means any of the following:101

       (1) The three theaters located in the state office tower at102
77 South High street in Columbus;103

       (2) Any capital facility in this state to which both of the104
following apply:105

       (a) The construction of an arts project related to the106
facility was authorized or funded by the general assembly pursuant107
to division (D)(3) of section 3383.07 of the Revised Code and108
proceeds of state bonds are used for costs of the arts project.109

       (b) The facility is managed directly by, or is subject to a110
cooperative or management contract with, the Ohio arts and sports111
facilities commission, and is used for or in connection with the112
activities of the commission, including the presentation or making113
available of arts to the public and the provision of training or114
education in the arts.115

       (3) A state historical facility or a local historical116

       (L) "State agency" means the state or any of its branches,118
officers, boards, commissions, authorities, departments,119
divisions, or other units or agencies.120

       (M) "Construction" includes acquisition, including121
acquisition by lease-purchase, demolition, reconstruction,122
alteration, renovation, remodeling, enlargement, improvement, site123
improvements, and related equipping and furnishing.124

       (N) "State historical facility" means a site or facility of125
archaeological, architectural, environmental, or historical126
interest or significance, or a facility, including a storage127
facility, appurtenant to the operations of such a site or128
facility, that is owned by or is located on real property owned by129
the state or by an arts organization, so long as the real property130
of the arts organization is contiguous to state-owned real131
property that is in the care, custody, and control of an arts132
organization, and that is managed directly by or is subject to a133
cooperative or management contract with the Ohio arts and sports134
facilities commission and is used for or in connection with the135
activities of the commission, including the presentation or making136
available of arts to the public.137

       (O) "Ohio sports facility" means all or a portion of a138
stadium, arena, motorsports complex, or other capital facility in 139
this state, a primary purpose of which is to provide a site or 140
venue for the presentation to the public of either motorsports 141
events or events of one or more major or minor league professional 142
athletic or sports teams that are associated with the state or 143
with a city or region of the state, which facility is owned by or 144
is located on real property owned by the state or a governmental 145
agency, and including all parking facilities, walkways, and other146
auxiliary facilities, equipment, furnishings, and real and 147
personal property and interests and rights therein, that may be 148
appropriate for or used for or in connection with the facility or 149
its operation, for capital costs of which state funds are spent 150
pursuant to this chapter. A facility constructed as an Ohio sports 151
facility may be both an Ohio arts facility and an Ohio sports 152

       Section 2. That existing section 3383.01 of the Revised Code 154
is hereby repealed.155