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As Reported by the House Transportation and Public Safety Committee
122nd General Assembly
Regular Session
1997-1998 | Sub. H. B. No. 462 |
REPRESENTATIVES TIBERI-SCHULER-GARCIA-THOMAS-SYKES-COLONNA-
METELSKY-WINKLER-VAN VYVEN-BRITTON
A BILL
To enact sections 4501.31 and 4503.59 of the Revised Code to
provide for the issuance of motor vehicle license plates bearing
the logos of professional sports teams, to provide for the
collection of a contribution of $25 for each set of
such license
plates issued, and to use those contributions to provide funds
to the sports commissions of those counties in which are located
professional sports teams that
permit the display of their logos on such license
plates.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4501.31 and 4503.59 of the
Revised Code be enacted to read as follows:
Sec. 4501.31. (A) THERE
IS HEREBY CREATED IN THE STATE TREASURY THE PROFESSIONAL SPORTS
TEAMS LICENSE PLATE FUND. THE FUND SHALL CONSIST OF THE
CONTRIBUTIONS THAT ARE PAID TO THE REGISTRAR OF MOTOR VEHICLES
BY APPLICANTS WHO VOLUNTARILY CHOOSE TO OBTAIN LICENSE PLATES
BEARING THE LOGO OF A PROFESSIONAL SPORTS TEAM PURSUANT TO
SECTION 4503.59 OF THE REVISED
CODE.
(B) IF A
PROFESSIONAL SPORTS TEAM LOCATED IN THIS STATE DESIRES TO HAVE
ITS LOGO APPEAR ON LICENSE PLATES ISSUED BY THIS STATE, IT SHALL
INFORM
THE LARGEST CONVENTION AND VISITOR'S BUREAU OF THE COUNTY IN WHICH
THE PROFESSIONAL SPORTS TEAM
IS LOCATED OF THAT DESIRE. THAT CONVENTION AND VISITORS BUREAU
SHALL DESIGNATE A SPORTS
COMMISSION OPERATING IN THAT COUNTY TO RECEIVE THE CONTRIBUTIONS
THAT ARE PAID BY APPLICANTS WHO CHOOSE TO BE ISSUED LICENSE
PLATES BEARING THE LOGO OF THAT PROFESSIONAL SPORTS TEAM FOR
DISPLAY ON THEIR MOTOR VEHICLES. THE
DESIGNATED SPORTS COMMISSION ALSO SHALL HAVE
THE DUTIES OF NEGOTIATING WITH THE PROFESSIONAL SPORTS TEAM TO PERMIT THE
DISPLAY OF THE TEAM'S LOGO ON LICENSE PLATES ISSUED BY THIS STATE, ENTERING
INTO THE CONTRACT WITH THE TEAM TO PERMIT SUCH DISPLAY, AND PAYING TO THE TEAM
ANY LICENSING OR RIGHTS FEE THAT MUST BE PAID IN CONNECTION WITH THE ISSUANCE
OF THE LICENSE PLATES. UPON EXECUTION OF THE CONTRACT, THE SPORTS COMMISSION
SHALL PROVIDE A COPY OF IT TO THE REGISTRAR OF MOTOR VEHICLES, ALONG WITH ANY
OTHER DOCUMENTATION THE REGISTRAR MAY REQUIRE. UPON RECEIPT OF THE CONTRACT
AND ANY REQUIRED ADDITIONAL DOCUMENTATION, AND WHEN THE NUMERICAL REQUIREMENT
CONTAINED IN DIVISION (A) OF SECTION 4503.78
OF THE REVISED
CODE HAS BEEN MET RELATIVE TO THAT PARTICULAR
PROFESSIONAL SPORTS TEAM, THE REGISTRAR SHALL TAKE THE MEASURES NECESSARY TO
ISSUE LICENSE PLATES BEARING THE LOGO OF THAT TEAM.
THE
REGISTRAR SHALL PAY TO THE DESIGNATED SPORTS COMMISSION ALL CONTRIBUTIONS
THAT ARE PAID BY APPLICANTS WHO OBTAIN LICENSE PLATES THAT BEAR
THE LOGOS OF PARTICIPATING PROFESSIONAL SPORTS TEAMS LOCATED IN
THE COUNTY OF THE DESIGNATED SPORTS COMMISSION, IRRESPECTIVE OF
THE COUNTY OF RESIDENCE OF AN APPLICANT.
(C) A SPORTS
COMMISSION SHALL EXPEND THE MONEY IT RECEIVES UNDER THIS SECTION
TO ATTRACT REGIONAL, NATIONAL, AND INTERNATIONAL SPORTING EVENTS
TO THE MUNICIPAL CORPORATION, COUNTY, OR TOWNSHIP IN WHICH IT IS
LOCATED, AND IT MAY SPONSOR SUCH EVENTS. PRIOR TO ATTRACTING OR
SPONSORING SUCH EVENTS, THE SPORTS COMMISSION SHALL PERFORM AN
ECONOMIC ANALYSIS TO DETERMINE WHETHER THE PROPOSED EVENT WILL
HAVE A POSITIVE ECONOMIC EFFECT ON THE GREATER AREA IN WHICH THE
EVENT WILL BE HELD. A SPORTS COMMISSION SHALL NOT EXPEND ANY
MONEY IT RECEIVES UNDER THIS SECTION TO ATTRACT OR SPONSOR A
REGIONAL, NATIONAL, OR INTERNATIONAL SPORTING EVENT IF ITS
ECONOMIC ANALYSIS DOES NOT RESULT IN A FINDING THAT THE PROPOSED
EVENT WILL HAVE A POSITIVE ECONOMIC EFFECT ON THE GREATER AREA
IN WHICH THE EVENT WILL BE HELD.
A SPORTS COMMISSION THAT RECEIVES MONEY PURSUANT TO THIS SECTION, IN
ADDITION TO ANY OTHER DUTIES IMPOSED ON IT BY LAW AND NOTWITHSTANDING THE
SCOPE
OF THOSE DUTIES, ALSO SHALL ENCOURAGE THE ECONOMIC DEVELOPMENT OF THIS STATE
THROUGH THE PROMOTION OF TOURISM WITHIN ALL AREAS OF THIS STATE. A SPORTS
COMMISSION THAT RECEIVES TEN THOUSAND DOLLARS OR MORE DURING ANY CALENDAR YEAR
PURSUANT TO THIS SECTION SHALL SUBMIT A WRITTEN REPORT TO THE DIRECTOR OF
DEVELOPMENT, ON OR BEFORE THE FIRST DAY OF
OCTOBER OF THE NEXT SUCCEEDING YEAR, DETAILING
ITS EFFORTS AND EXPENDITURES IN THE PROMOTION OF TOURISM DURING THE CALENDAR
YEAR IN WHICH IT RECEIVED THE TEN THOUSAND DOLLARS OR MORE.
AS USED IN THIS DIVISION, "PROMOTION OF TOURISM" MEANS THE ENCOURAGEMENT
THROUGH ADVERTISING, EDUCATIONAL AND INFORMATIONAL MEANS, AND PUBLIC
RELATIONS,
BOTH WITHIN THE STATE AND OUTSIDE OF IT, OF TRAVEL BY PERSONS AWAY FROM THEIR
HOMES FOR PLEASURE, PERSONAL REASONS, OR OTHER PURPOSES, EXCEPT TO WORK, TO
THIS STATE OR TO THE REGION IN WHICH THE SPORTS COMMISSION IS LOCATED.
(D) FOR
PURPOSES OF THIS SECTION:
(1) THE "LARGEST" CONVENTION AND VISITOR'S
BUREAU OF A COUNTY IS THE BUREAU THAT RECEIVES THE LARGEST
AMOUNT OF MONEY GENERATED IN THAT COUNTY FROM EXCISE TAXES
LEVIED ON LODGING TRANSACTIONS UNDER SECTIONS 351.021, 5739.02,
AND 5739.024 OF THE REVISED
CODE.
(2) "SPORTS COMMISSION" MEANS A LOCAL OR
COUNTYWIDE NONPROFIT CORPORATION ORGANIZED UNDER THE LAWS OF
THIS STATE THAT IS ENTITLED TO TAX EXEMPT STATUS UNDER SECTION
501(c)(3) OF THE
"INTERNAL
REVENUE
CODE OF 1986," 100
STAT. 2085, 26
U.S.C.A.
501, AS AMENDED, AND WHOSE FUNCTION IS TO ATTRACT, PROMOTE, OR
SPONSOR SPORTS AND ATHLETIC EVENTS WITHIN A MUNICIPAL
CORPORATION, COUNTY, OR TOWNSHIP. A SPORTS COMMISSION MAY
PROVIDE ALL SERVICES RELATED TO ATTRACTING, PROMOTING, OR
SPONSORING SUCH EVENTS, INCLUDING, BUT NOT LIMITED TO, THE
BOOKING OF ATHLETES AND TEAMS, SCHEDULING, AND HIRING OR
CONTRACTING FOR STAFF, USHERS, MANAGERS, AND OTHER PERSONS WHOSE
FUNCTIONS ARE DIRECTLY RELATED TO THE SPORTS AND ATHLETIC EVENTS
THE COMMISSION ATTRACTS, PROMOTES, OR SPONSORS. "SPORTS
COMMISSION" INCLUDES A LOCAL OR COUNTYWIDE ORGANIZATION THAT IS
NOT NAMED A "SPORTS COMMISSION" BUT THAT PERFORMS THE SAME
FUNCTIONS AS A SPORTS COMMISSION, IS A NONPROFIT CORPORATION
ORGANIZED UNDER THE LAWS OF THIS STATE, AND IS ENTITLED TO TAX
EXEMPT STATUS UNDER SECTION
501(c)(3) OF THE
"INTERNAL
REVENUE
CODE OF 1986," 100
STAT. 2085, 26
U.S.C.A.
501, AS AMENDED.
Sec. 4503.59. (A) IF
A PROFESSIONAL SPORTS TEAM LOCATED IN THIS STATE DESIRES TO HAVE
ITS LOGO APPEAR ON LICENSE PLATES ISSUED BY THIS STATE, IT SHALL
ENTER INTO A CONTRACT WITH THE PROPER SPORTS COMMISSION TO
PERMIT SUCH DISPLAY, AS PERMITTED IN SECTION 4501.31 OF THE
REVISED
CODE. THE OWNER OR LESSEE OF
ANY PASSENGER CAR, NONCOMMERCIAL MOTOR VEHICLE, RECREATIONAL
VEHICLE, OR OTHER VEHICLE OF A CLASS APPROVED BY THE REGISTRAR
MAY APPLY TO THE REGISTRAR FOR THE REGISTRATION OF THE VEHICLE
AND ISSUANCE OF LICENSE PLATES BEARING THE LOGO OF A
PROFESSIONAL SPORTS TEAM THAT HAS ENTERED INTO SUCH A CONTRACT.
THE APPLICATION SHALL DESIGNATE THE SPORTS TEAM WHOSE LOGO THE
OWNER OR LESSEE DESIRES TO APPEAR ON THE LICENSE PLATES.
FAILURE TO DESIGNATE A PARTICIPATING PROFESSIONAL SPORTS TEAM
SHALL RESULT IN REJECTION BY THE REGISTRAR OF THE REGISTRATION
APPLICATION. AN APPLICATION MADE UNDER THIS SECTION MAY BE
COMBINED WITH A REQUEST FOR A SPECIAL RESERVED LICENSE PLATE
UNDER SECTION 4503.40 OR 4503.42 OF THE
REVISED
CODE. UPON RECEIPT OF THE
COMPLETED APPLICATION AND COMPLIANCE BY THE APPLICANT WITH
DIVISIONS (B) AND
(C) OF THIS SECTION, THE
REGISTRAR SHALL ISSUE TO THE APPLICANT THE APPROPRIATE VEHICLE
REGISTRATION AND A SET OF LICENSE PLATES BEARING THE LOGO OF THE
PROFESSIONAL SPORTS TEAM THE OWNER DESIGNATED IN THE APPLICATION
AND A VALIDATION STICKER, OR A VALIDATION STICKER ALONE WHEN
REQUIRED BY SECTION 4503.191 OF THE
REVISED
CODE.
IN ADDITION TO THE LETTERS AND NUMBERS ORDINARILY
INSCRIBED THEREON, PROFESSIONAL SPORTS TEAM LICENSE PLATES SHALL
BEAR THE LOGO OF A PARTICIPATING PROFESSIONAL SPORTS TEAM, AND
SHALL DISPLAY COUNTY IDENTIFICATION STICKERS THAT IDENTIFY THE
COUNTY OF REGISTRATION BY NAME OR NUMBER.
(B) THE
PROFESSIONAL SPORTS TEAM LOGO LICENSE PLATES AND VALIDATION
STICKER, OR VALIDATION STICKER ALONE, AS THE CASE MAY BE, SHALL
BE ISSUED UPON PAYMENT OF THE REGULAR LICENSE TAX AS PRESCRIBED
UNDER SECTION 4503.04 OF THE
REVISED
CODE, ANY APPLICABLE MOTOR
VEHICLE LICENSE TAX LEVIED UNDER
CHAPTER 4504. OF THE
REVISED
CODE, A FEE OF TEN DOLLARS FOR
THE PURPOSE OF COMPENSATING THE BUREAU OF MOTOR VEHICLES FOR
ADDITIONAL SERVICES REQUIRED IN THE ISSUING OF PROFESSIONAL
SPORTS TEAM LICENSE PLATES, AND COMPLIANCE WITH ALL OTHER
APPLICABLE LAWS RELATING TO THE REGISTRATION OF MOTOR VEHICLES.
IF THE APPLICATION FOR A PROFESSIONAL SPORTS TEAM LOGO LICENSE
PLATE IS COMBINED WITH A REQUEST FOR A SPECIAL RESERVED LICENSE
PLATE UNDER SECTION 4503.40 OR 4503.42 OF THE
REVISED
CODE, THE LICENSE PLATES AND
VALIDATION STICKER, OR VALIDATION STICKER ALONE, SHALL BE ISSUED
UPON PAYMENT OF THE REGULAR LICENSE TAX AS PRESCRIBED UNDER
SECTION 4503.04 OF THE REVISED
CODE, ANY APPLICABLE MOTOR
VEHICLE TAX LEVIED UNDER
CHAPTER 4504. OF THE
REVISED
CODE, A FEE OF TEN DOLLARS FOR
THE PURPOSE OF COMPENSATING THE BUREAU OF MOTOR VEHICLES FOR
ADDITIONAL SERVICES REQUIRED IN THE ISSUING OF PROFESSIONAL
SPORTS TEAM LICENSE PLATES, THE ADDITIONAL FEE PRESCRIBED UNDER
SECTION 4503.40 OR 4503.42 OF THE
REVISED
CODE, AND COMPLIANCE WITH ALL
OTHER APPLICABLE LAWS RELATING TO THE REGISTRATION OF MOTOR
VEHICLES.
(C) FOR EACH
APPLICATION FOR REGISTRATION AND REGISTRATION RENEWAL NOTICE THE
REGISTRAR RECEIVES UNDER THIS SECTION, THE REGISTRAR SHALL
COLLECT A CONTRIBUTION OF TWENTY-FIVE DOLLARS. THE REGISTRAR SHALL
TRANSMIT THIS CONTRIBUTION TO THE TREASURER OF STATE FOR DEPOSIT
INTO THE STATE TREASURY FOR DISTRIBUTION AS DESCRIBED IN SECTION
4501.31 OF THE REVISED
CODE.
THE REGISTRAR SHALL TRANSMIT THE ADDITIONAL FEE OF TEN
DOLLARS PAID TO COMPENSATE THE BUREAU FOR THE ADDITIONAL
SERVICES REQUIRED IN THE ISSUING OF PROFESSIONAL SPORTS TEAM
LICENSE PLATES TO THE TREASURER OF STATE FOR DEPOSIT INTO THE
STATE TREASURY TO THE CREDIT OF THE STATE BUREAU OF MOTOR
VEHICLES FUND CREATED BY SECTION 4501.25 OF THE
REVISED
CODE.
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