(1) Visual, musical, dramatic, graphic,
design, and
other | 9 |
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 education | 12 |
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, or | 16 |
commerce or of the history, heritage, development,
presentation, | 17 |
and uses of the arts
described in division (A)(1)
of this section | 18 |
and of
transportation; | 19 |
(F)
"General building services" means general building | 49 |
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, and | 53 |
plumbing. | 54 |
(G)
"Governmental agency" means a state agency, a | 55 |
state-supported or state-assisted institution of higher
education, | 56 |
a municipal corporation, county, township, or school
district, a | 57 |
port authority created under Chapter 4582.
of the Revised Code, | 58 |
any other political subdivision or special
district
in this state | 59 |
established by or pursuant to law, or any combination
of these | 60 |
entities; except where otherwise
indicated, the United States or | 61 |
any department, division, or agency of the
United States, or any | 62 |
agency, commission, or authority
established pursuant to an | 63 |
interstate compact or agreement. | 64 |
(H)
"Local contributions" means the value of an asset | 65 |
provided by
or on behalf of an arts organization from sources | 66 |
other than the state, the
value and nature of which shall be | 67 |
approved by the Ohio arts and sports facilities commission, in its | 68 |
sole
discretion.
"Local contributions" may include the value of | 69 |
the site
where an arts project is to be constructed. All
"local | 70 |
contributions," except a contribution attributable to such a site, | 71 |
shall be for the costs of construction of an arts project or
the | 72 |
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 or | 76 |
significance, or a facility,
including a storage facility, | 77 |
appurtenant to the operations of
such a site or facility, that is | 78 |
owned by an arts organization,
provided the facility meets the | 79 |
requirements of division
(K)(2)(b)
of this section, is managed
by | 80 |
or pursuant to a contract with
the Ohio arts and sports
facilities | 81 |
commission, and is used for or
in connection with the
activities | 82 |
of the commission, including the
presentation or making
available | 83 |
of arts to the public. | 84 |
(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 or | 90 |
contracting for directors, curators, technical and scientific | 91 |
staff, ushers, stage managers, and others directly related to the | 92 |
arts activities in the facility; but not including general | 93 |
building services; | 94 |
(2) Relating to sports and athletic events for an Ohio
sports | 95 |
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 |
(M)
"Construction" includes acquisition, including | 121 |
acquisition by
lease-purchase, demolition, reconstruction, | 122 |
alteration, renovation, remodeling, enlargement, improvement, site | 123 |
improvements, and related equipping and furnishing. | 124 |
(N)
"State historical facility" means a site or facility
of | 125 |
archaeological,
architectural, environmental, or historical | 126 |
interest or significance, or a
facility, including a storage | 127 |
facility, appurtenant to the operations of such
a site or | 128 |
facility, that is owned by or is located on real property owned by | 129 |
the state or by an arts organization,
so long as the
real property | 130 |
of the arts organization
is contiguous to
state-owned real | 131 |
property that is in the care, custody, and control of an arts | 132 |
organization, and that is managed directly by or
is
subject to
a | 133 |
cooperative or management contract
with the Ohio arts
and sports | 134 |
facilities commission and
is used for or in
connection with
the | 135 |
activities of the
commission, including the
presentation or
making | 136 |
available of arts to the
public. | 137 |
(O)
"Ohio sports facility" means all or a portion of a | 138 |
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, in the case | 144 |
of a motorsports complex, owned by the state or governmental | 145 |
agency, or in all other instances, is owned by or is located on | 146 |
real property owned by the
state or a
governmental agency, and | 147 |
including all parking
facilities, walkways, and
other
auxiliary | 148 |
facilities, equipment,
furnishings, and real and personal property | 149 |
and interests and
rights therein, that may be appropriate for or | 150 |
used for or
in
connection with the facility or its operation, for | 151 |
capital costs
of which
state funds are spent pursuant to this | 152 |
chapter. A
facility constructed as an
Ohio sports facility may be | 153 |
both an
Ohio arts facility and
an Ohio sports facility. | 154 |
(2) For an arts project other than a state historical | 166 |
facility,
construction services may be provided on
behalf of the | 167 |
state by the Ohio arts and sports facilities
commission, or by a | 168 |
governmental agency or an arts organization
that occupies, will | 169 |
occupy, or is responsible for the Ohio arts
facility, as | 170 |
determined by the
commission.
Construction services to be
provided | 171 |
by a
governmental agency or
an arts organization shall be | 172 |
specified in
an agreement between
the commission and the | 173 |
governmental agency or
arts organization.
The agreement, or any | 174 |
actions taken under it,
are not subject to
Chapter 123. or 153. of | 175 |
the Revised Code,
except for sections
123.151 and 153.011 of the | 176 |
Revised Code, and
shall be
subject to Chapter
4115. of the Revised | 177 |
Code. | 178 |
(3) For an arts project that is a state
historical facility, | 179 |
construction
services
may be provided by the Ohio arts and sports | 180 |
facilities commission or by
an arts organization that occupies, | 181 |
will occupy, or is responsible for the
facility, as determined by | 182 |
the commission. The construction services to be
provided by the | 183 |
arts organization shall be specified in an agreement between
the | 184 |
commission and the arts organization. That agreement,
and any | 185 |
actions
taken under it, are not subject to Chapter 123.,
153., or | 186 |
4115. of the Revised
Code. | 187 |
(B) For an Ohio sports facility that is financed in part by | 188 |
the
Ohio building authority, construction services shall be | 189 |
provided on
behalf of the state by or at the direction of the | 190 |
governmental agency or
nonprofit corporation that will own or be | 191 |
responsible for the management of
the facility, all as determined | 192 |
by the
Ohio arts and sports facilities commission. Any | 193 |
construction services
to be provided by a governmental agency or | 194 |
nonprofit corporation shall be
specified in an agreement between | 195 |
the commission and the governmental agency
or nonprofit | 196 |
corporation. That agreement, and any actions taken under
it,
are | 197 |
not subject to Chapter 123. or 153. of the Revised Code,
except | 198 |
for sections
123.151 and 153.011 of the Revised Code, and
shall be | 199 |
subject to
Chapter 4115. of the Revised Code. | 200 |
(C) General building services for an Ohio arts facility
shall | 201 |
be provided by
the
Ohio arts and sports facilities
commission or | 202 |
by an arts
organization that
occupies, will occupy,
or is | 203 |
responsible for the
facility, as determined by
the
commission, | 204 |
except that the Ohio
building authority may elect to
provide those | 205 |
services for Ohio
arts facilities financed with
proceeds of state | 206 |
bonds issued by
the authority.
The costs of
management and general | 207 |
building
services shall
be paid by the arts
organization that | 208 |
occupies,
will
occupy, or
is responsible for the
facility as | 209 |
provided in an
agreement between the
commission and
the arts | 210 |
organization, except
that the state may pay for general
building | 211 |
services for
state-owned arts
facilities constructed on | 212 |
state-owned land. | 213 |
General building services for
an Ohio sports facility shall | 214 |
be provided by or at the direction of
the governmental agency or | 215 |
nonprofit corporation that will be responsible for
the management | 216 |
of the facility, all as determined by the commission. Any
general | 217 |
building services to be provided by a governmental agency or | 218 |
nonprofit
corporation
for an Ohio sports facility shall be | 219 |
specified in
an agreement between the commission and the | 220 |
governmental agency or nonprofit corporation. That
agreement, and | 221 |
any
actions taken under it, are not subject to
Chapter 123. or | 222 |
153.
of the Revised Code, except for sections
123.151 and 153.011 | 223 |
of
the Revised Code,
and shall be subject to
Chapter 4115. of the | 224 |
Revised Code. | 225 |
(3) The general assembly has specifically authorized the | 242 |
spending of money on, or made an appropriation for, the | 243 |
construction of the arts project, or for rental
payments relating | 244 |
to
the financing of the construction of the arts project.
| 245 |
Authorization
to spend money, or an appropriation, for planning | 246 |
the arts
project
does not constitute authorization to spend money | 247 |
on, or an
appropriation for, construction of the arts project. | 248 |
(E) No state funds, including any state bond proceeds, shall | 249 |
be spent on the
construction of any state historical facility | 250 |
under this chapter unless the
general assembly has specifically | 251 |
authorized the spending of money on, or made
an appropriation for, | 252 |
the construction of the arts project related to
the facility, or | 253 |
for rental payments
relating to the financing of the construction | 254 |
of the arts
project. Authorization
to spend money, or an | 255 |
appropriation, for planning the arts
project does not
constitute | 256 |
authorization to spend money on, or an appropriation
for, the | 257 |
construction of the arts project. | 258 |
(F) State funds shall not be used to pay or reimburse more | 259 |
than
fifteen per cent of the initial estimated construction cost | 260 |
of an
Ohio sports facility,
excluding any site acquisition cost, | 261 |
and no state funds, including any state
bond proceeds, shall be | 262 |
spent on any Ohio sports facility under this
chapter unless, with | 263 |
respect to that facility, all of the following apply: | 264 |
(2) As an indication of substantial local support for the | 270 |
facility, the
commission has received a financial and development | 271 |
plan satisfactory to it,
and provision has been made, by agreement | 272 |
or otherwise, satisfactory to the
commission, for a contribution | 273 |
amounting to not less than eighty-five per cent
of the total | 274 |
estimated construction cost of the facility, excluding any site | 275 |
acquisition cost, from sources other than the state. | 276 |
(3) The general assembly has specifically authorized the | 277 |
spending of money
on, or made an appropriation for, the | 278 |
construction of the facility, or for
rental payments relating to | 279 |
state financing of all or a portion of the costs
of constructing | 280 |
the facility. Authorization to spend money, or an
appropriation, | 281 |
for planning or determining the feasibility of or need for the | 282 |
facility does not constitute authorization to spend money on, or | 283 |
an
appropriation for, costs of constructing the facility. | 284 |
(4) If state bond proceeds are being used for the Ohio
sports | 285 |
facility, the state or a governmental agency owns or has | 286 |
sufficient property
interests in the facility or in the site of | 287 |
the facility or in the portion or
portions of the facility | 288 |
financed from proceeds of state bonds, which may
include, but is | 289 |
not limited to, the right to use or to require the use of the | 290 |
facility for the presentation of sport and athletic events to the | 291 |
public at
the facility. | 292 |
(1) Motorsports events shall be presented at the facility | 298 |
pursuant to a lease entered into with the owner of the facility. | 299 |
The term of the lease shall be for a period of not less than the | 300 |
greater of the useful life of the portion of the facility financed | 301 |
from proceeds of state bonds as determined using the guidelines | 302 |
for maximum maturities as provided under divisions (B) and (C) of | 303 |
section 133.20 of the Revised Code, or the period of time | 304 |
remaining to the date of payment or provision for payment of | 305 |
outstanding state bonds allocable to costs of the facility, all as | 306 |
determined by the director of budget and management and certified | 307 |
by the director to the Ohio arts and sports facilities commission | 308 |
and to the Ohio building authority. | 309 |