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Sub. S. B. No. 148As Reported by the House State Government CommitteeAs Reported by the House State Government Committee
|124th General Assembly|
SENATORS Blessing, Spada, Finan, White
REPRESENTATIVES Clancy, Cates, Carmichael
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
To enact section 3773.80 of the Revised Code to
establish the Ohio-Kentucky Olympic Coordination
Authority Compact in law and to enter into the
compact with the other signatories legally joining
Section 1. That section 3773.80 of the Revised Code be
enacted to read as follows:
"OHIO-KENTUCKY OLYMPIC COORDINATION AUTHORITYArticle I.Purpose and Findings.
Sec. 3773.80. The Ohio-Kentucky olympic coordination
authority compact is hereby ratified, enacted into law, and
entered into with the other signatories legally joining in it, in
the following or substantially following form:
(A) The purpose of this compact shall be to create an
to oversee the conduct of the 2012 Olympic Games that will
coordinated and managed by the local Organizing Committee for
Olympic Games (OCOG), and to assure that the Ohio-Kentucky
and commitments accepted in conjunction with
the 2012 Olympic
Games are fulfilled.
(B) The Signatories find as follows:
(1) For some time, the State of Ohio, including the City of
Cincinnati, and the Commonwealth of Kentucky, through the
nonprofit organization known as Cincinnati 2012, have been
actively engaged in national competition to win the U.S. Candidate
City designation and, subsequently, the Host City designation for
the 2012 Olympic Games.
(2) Hosting the 2012 Olympic Games will provide major,
and unique benefits for all of the citizens of the
region, including all of the following:
(a) Measurable, positive economic impact on our regional
(b) A catalyst for regional action and cooperation;
(c) An opportunity to showcase this part of the United
States to the
nation and to the world;
(d) A renewed sense of pride and tangible legacies, such as
and improved sports venues, strong national and international
awareness, and public incentive to advance or complete major
(3) Economic studies conducted by the Center for Economic
Education of the University of Cincinnati show that preparing for
and hosting the 2012 Olympic Games will have a positive economic
on the Ohio-Kentucky region, including all of the
(a) Direct and indirect spending in excess of six billion
two hundred million dollars;
(b) The creation of approximately seventy-nine thousand
(c) Increased new net tax revenues, without raising or
creating any new taxes, of in excess of two hundred million
(net of projected visitor and new resident spending of one
eighty million dollars);
(d) A lasting improvement in the region's competitive
position within the convention and travel and tourism industries,
as well as enhanced ability to attract new businesses.
(4) The citizens of the Ohio-Kentucky region have responded
Cincinnati 2012's efforts and solidly embraced the
cause to host
the 2012 Olympic Games, expressed in part by the
endorsement of scores
of local business, civic, governmental,
academic, and amateur
sports organizations, and by public opinion
survey results that
show seventy-four per cent of the region's
residents support the
effort to bring the 2012 Olympic Games to
(5) Through the submission of the Ohio-Kentucky region's
proposal to the United States Olympic Committee
(USOC) on December
15, 2000, Cincinnati 2012 reached a milestone
in its efforts to be
designated as the U.S. Candidate City by
providing a logistical,
operational, and financial blueprint for
hosting the 2012 Olympic Games.
(6) The official bid proposal highlights great assets of our
and is developed around key principles, including an
on the utilization of existing physical assets,
the environment, and showcasing this part of the
underutilized asset of the world economy.
(7) In addition to the Ohio-Kentucky region's bid proposal,
the USOC and
the International Olympic Committee (IOC) require
certain guarantees and commitments in conjunction with
2012 Olympic Games should our region win the U.S.
(8) Cincinnati 2012 has proposed a credible and defensible
privately generated budget projecting revenues of two billion
seven hundred fifteen million dollars, expenditures of two
billion five hundred sixty-nine million dollars, including a
three hundred eleven million dollar contingency, and a
one hundred forty-five million dollars.
(9) The State of Ohio and the Commonwealth of Kentucky find
purpose in supporting the 2012 Olympic Games,
and to this end may provide, in an equitable
with projected benefits, two hundred
new tax revenues, as financial support in the
event of an
operating deficit with full understanding of
Cincinnati 2012's, or its successor, the OCOG's
intent to purchase
at least two hundred million
dollars in net operating
insurance coverage before those
new tax revenues would be
(10) It is incumbent upon Cincinnati 2012 and government
leaders to move forward together now to craft the solution that
best "lives regionalism" and maximizes the
chances of this part of
the United States winning the 2012 Olympic Games and reaping the
considerable and measurable benefits that come with this honor.
(11) Given that all three jurisdictions, Ohio, Kentucky, and
Cincinnati, will host a significant number of events and reap
substantial benefits, the most effective solution for all three
jurisdictions is to enter into a compact creating a single
that gives the USOC, and subsequently the IOC, a single focal
and a united front to enhance accountability and ensure a
successful 2012 Olympic Games.
(A) "Bid proposal" means the bid formally submitted by
Cincinnati 2012 to the USOC on December 15, 2000.
(B) "Cincinnati 2012" means Cincinnati 2012, a
corporation organized under the laws of the State
of Ohio, and its
(C) "Host City" means the entity that has been selected by
the International Olympic Committee to host the 2012 Olympic
(D) "International Olympic Committee" and "IOC" mean the
International Olympic Committee, a body corporate under
international law created by the Congress of Paris of 23 June,
1894, and having perpetual succession.
(E) "Ohio-Kentucky Olympic Coordination Authority" and
"OKOCA" mean the entity created by the State of Ohio, the
Commonwealth of Kentucky, and the City of Cincinnati to provide
oversight over the Organizing Committee for the Olympic Games.
(F) "Olympic Games" means any Olympic Games sponsored and
governed by the International Olympic Committee and any other
educational, cultural, athletic, or sporting events related or
preliminary to those Olympic Games.
(G) "Organizing Committee for the Olympic Games," and "OCOG"
mean the successor organization to and formed by Cincinnati 2012
to organize and conduct the 2012 Olympic Games, if Cincinnati 2012
selected by the IOC as the Host City in 2005.
(H) "Signatories" means the State of Ohio, the Commonwealth
of Kentucky, and the City of Cincinnati.
(I) "U.S. Candidate City" means the entity that has received
the United States Olympic Committee's endorsement to submit to the
IOC the sole bid from the United States for the hosting of the
2012 Olympic Games.
Article III.Creation of OKOCA.
(J) "United States Olympic Committee" and "USOC" mean the
United States Olympic Committee, incorporated by Act of Congress
on September 21, 1950, and having perpetual succession.
(A) The Signatories hereby provide the mechanism for the
creation and termination of the Ohio-Kentucky Olympic
Authority (OKOCA), which shall be an
instrumentality of the State
of Ohio, the Commonwealth of
Kentucky, and the City of Cincinnati,
and shall have the powers
and duties set forth in this compact,
and those additional powers and
duties conferred upon it by
subsequent actions of the Signatories.
(B) The OKOCA shall come into existence by the force of this
compact when and if, and only if, the IOC awards the 2012 Olympic
Games in 2005 to Cincinnati 2012.
(C) The OKOCA, if ever brought into existence, shall cease
to exist by the force of this compact on January 1, 2014, unless
extended by substantially similar future legislation passed by
each of the Signatories.
(D) Until the OKOCA comes into existence, the
signatures of the Governors of Ohio and Kentucky, and the
the City of Cincinnati, on any and all documents
appropriate to the pursuit of the 2012 Olympic
Games shall be
deemed binding on future actions of the OKOCA.
Article IV.OKOCA; Composition; Terms; Accounting.
(E) For the purposes of this section, the above-referenced
signatures may be on the same document, on separate but materially
and substantially similar documents, or any combination thereof.
No individual signature shall be deemed effective until all three
above-referenced signatures are obtained.
(A) The OKOCA shall be composed of the following nine voting
members: the State of Ohio shall be entitled to three voting
members, to be appointed by the Governor of Ohio; the Commonwealth
of Kentucky shall be entitled to three voting members, to be
appointed by the Governor of Kentucky; and the City of Cincinnati
shall be entitled to three voting members, to be appointed by the
Mayor of the City of Cincinnati. The OCOG shall be entitled to
ex-officio member on the OKOCA, to be appointed in a manner
its usual procedure.
(B) Members of OKOCA shall not be compensated for their
service on the OKOCA, but shall be entitled to be reimbursed by
the OKOCA for normal and customary expenses incurred in the
performance of their duties.
(C) The terms of the members of the OKOCA shall be
years. Each member shall hold office until the
successor is appointed and duly qualified. Any
member of the
OKOCA may succeed himself or herself. All vacancies
membership of the OKOCA shall be
in the manner of the
original appointment for the remainder
(D) The OKOCA shall elect from its voting membership a
vice-chair, a secretary, and a treasurer. Those officers
serve the terms prescribed by resolution of the
their successors are elected and qualified. No
the OKOCA shall hold more than one office on the
(E) The OKOCA shall meet at least twice annually in the five
preceding and one year following the 2012 Olympic Games.
meetings of the OKOCA shall be held on the dates and at
and place fixed by resolution of the OKOCA. Special
meetings of the OKOCA may be called by resolution of the
the chair or vice-chair, or upon the written
request of at least
three voting members of the OKOCA. Written
notice of all meetings
shall be delivered to each member,
not less than three days
to the date of the meeting in the
case of regular meetings
less than twenty-four hours in
the case of special
(F) A majority of the voting members of the OKOCA shall
constitute a quorum. A majority of the quorum is empowered to
exercise all the rights and perform all the duties of the OKOCA,
and no vacancy on the OKOCA shall impair the right of that
majority to act. If at any meeting there is less than a quorum
present, a majority of those present may adjourn the meeting to a
fixed time and place, and notice of the time and place shall be
given in accordance with section (E) of this Article, provided
that if the notice period required by that section cannot
reasonably be complied with, notice, if any, of the
meeting shall be given as is reasonably practical.
(G) The OKOCA shall establish rules and regulations for its
own governance, not inconsistent with this compact.
(H) The OKOCA shall establish a system of financial
accounting and controls, audits, and reports. All accounting
systems and records, auditing procedures and standards, and
financial reporting shall conform to generally accepted principles
of governmental accounting. The OKOCA shall designate a fiscal
year, designate the
for complete accountability,
and specify the basis
for each fund. The OKOCA shall
cause to be prepared
report on all funds at least
quarterly and a
on the fiscal operations and
the OKOCA annually.
All financial records, reports, and
documents of the OKOCA
shall be public records open to public
reasonable regulations prescribed by the OKOCA.
(I) The OKOCA shall cause to be formed an OKOCA Advisory
Committee not to exceed twenty-five members, which shall be
comprised of representatives known as advisory members,
local jurisdictions substantially impacted by the
of the 2012 Olympic
Games in the Ohio-Kentucky region, to
selected in a manner
to be determined by the OKOCA.
Article V.Funding of OKOCA.
(J) Reasonable efforts should be made to ensure that
appointments of voting members and advisory members are of
residents of the regional community with relevant and useful
experience, and with sufficient time to devote to the duties of
the OKOCA, to help facilitate the successful hosting of the 2012
Olympic Games; reflect the geographical diversity inherent in
regional nature of Cincinnati 2012's bid proposal; and
cultural, ethnic, and racial diversity inherent in the
(A) The OCOG shall provide reasonable funds for the operation
of the OKOCA and the conduct of its business in accordance with
the provisions of this compact.
Article VI.Creation of the Olympic Games Account.
(B) The OKOCA shall submit to the OCOG a planned budget for
the OKOCA's next fiscal year, adopted consistent with Article IV
of this compact,
not less than ninety days before the beginning of
the next fiscal
(A) There is hereby created, outside the state treasury, the
Olympic Games Account. The Account shall be used for the
purpose of the State
of Ohio's and the Commonwealth of
provision of financial support in the unlikely
event of any net
operating deficit not
covered by the OCOG and
the OKOCA, resulting
from the operation of
the 2012 Olympic Games.
Article VII.OKOCA Oversight of OCOG; Additional Powers.
(B) The State of Ohio
and the Commonwealth of Kentucky shall
provide for depositing into the Account a portion of the net new
from the preparation and holding of the
stated in section (B)(3)(c) of Article I of
compact, it is
that the State of Ohio and the
Commonwealth of Kentucky
benefit in excess of two hundred
million dollars in net new
revenues, without raising or
creating new taxes.
(A) The OKOCA, in recognition of its oversight responsibility
over the OCOG, shall have access to the quarterly financial
statements of the OCOG, the annual business plans of the
all other OCOG documents necessary to achieve its
(B) The OKOCA shall have the power to enforce OCOG budgetary
and planning changes when review by the OKOCA of the OCOG
financial statements, annual business plans, or other documents
contemplated in this Article suggests economic shortfalls that
would trigger the OKOCA's liability outlined in this
Article or the OCOG will fail to host the 2012 Olympic Games
manner that would satisfy the requirements of the USOC or the
and the budgetary and planning changes are supported by a
of the voting members
of the OKOCA, notwithstanding the
requirements of Article
IV of this compact.
(C) The OKOCA, in recognition of its duties as overseer of
the OCOG, shall do all of the following:
(1) Be bound by the terms of, cause the OCOG to perform, and
guaranty performance of the OCOG's obligations under all documents
necessary and appropriate to the pursuit of the 2012 Olympic
(2) Certify the OCOG's performance of those obligations as
requested by the IOC or the USOC from time to time;
(3) Accept liability for the OCOG, if any, as far as required
by all documents necessary and appropriate to the pursuit and
hosting of the 2012 Olympic Games;
(4) Accept, together with the OCOG, liability for any net
operating deficit of the OCOG or the 2012 Olympic Games by
financial guaranty in the sum of four hundred million
(a) Upon Cincinnati's selection as the host city, the OKOCA
the OCOG shall purchase a commercial insurance policy,
OKOCA, that provides at least two hundred million
for any net operating deficit.
(b) The OKOCA shall establish the method by which the funds
available in the Olympic Games Account, if any, and through the
commercial insurance policy, will be distributed to cover any
financial losses as a result of the hosting and operation of the
2012 Olympic Games.
(c) The total funds available to the OKOCA in the Olympic
Games Account, if any, shall not exceed two hundred million
dollars; the total funds available to the OKOCA through the
commercial insurance policy shall not exceed two hundred million
(D) The OKOCA, in its financial oversight and safeguard role,
shall ensure that no surplus operating funds are committed until
all budgetary and operational financial obligations of the OCOG
and the OKOCA for hosting the 2012 Olympic Games are first met;
that no liability for any net operating deficit resulting from
2012 Olympic Games shall accrue to the OKOCA or the
Signatories, if they provide financial support,
budgetary and operational financial surpluses of the
OCOG, if any,
are applied to all outstanding budgetary and operational financial
of the OCOG and the OKOCA, if any, accrued exclusively
with hosting the 2012 Olympic Games.
(E) The OKOCA, in order to facilitate its oversight
responsibility over the OCOG, shall have all of the following
(1) To sue and be sued in contract and in tort;
(2) To complain and defend in all courts;
(3) To implead and be impleaded;
(4) To enter into contracts;
(5) To hire appropriate staff;
Article VIII.Potential Subsidization.
(6) To exercise any additional powers granted to it by
(A) Any liability incurred by the OKOCA that is not covered
by insurance under Article VII of this compact shall be
subsidized by the State of Ohio and the Commonwealth
if each elects to do so, in an amount not to exceed
two hundred million dollars and in proportion to the relative
benefits currently expected to accrue to each from
2012 Olympic Games, as follows:
(1) The State of Ohio, eighty-five per cent;
(2) The Commonwealth of Kentucky, fifteen per cent.
Article IX.Commitments of Signatories.
(B) If any liability incurred by the OKOCA is financially
subsidized under this Article, the State of Ohio and the
Commonwealth of Kentucky shall provide their respective shares in
manners consistent with the requirements of their respective
constitutions and statutes.
(A) As appropriate to its individual jurisdiction and
role in hosting the 2012 Olympic Games, each Signatory
do all of the following:
(1) Ensure that infrastructure improvements as discussed in
the Cincinnati 2012 bid proposal take place;
(2) Provide access to existing state and city-controlled
facilities and other important resources as specified in
Cincinnati 2012's bid proposal, in accordance with applicable law
and contractual obligations;
(3) Provide adequate security, fire protection, and other
government-related services at a reasonable cost to ensure the
safe and orderly operation of the 2012 Olympic Games.
Article X.Compliance With Local Law.
(B) The governor may execute all documents that are required
by the USOC or IOC to be executed on behalf of the State of Ohio.
Article XI.Interim Coordination.
The OKOCA shall make every effort to comply with the
each of the Signatories regarding
disclosure, appointment, and
(A) Prior to the effective date of this compact under
Article XII, the Governor of Ohio, on behalf of the State of Ohio,
may execute the joinder undertaking required by the USOC to be
executed for pursuit of the 2012 Olympic Games.
Article XII.Effective Dates.
(B) Until the OKOCA comes into existence and prior to the
effective date of this compact under Article XII, documents
necessary and appropriate to the pursuit of the 2012 Olympic Games
that bear combined signatures of the Governor of Ohio and the
Mayor of the City of Cincinnati shall be deemed binding on future
actions of the OKOCA. Both signatures shall be on each such
document, and no individual signature is effective to bind OKOCA
until both signatures are obtained.
(A) This compact shall take effect on the date on which
substantially similar legislation is passed by each of the
(B) If the City of Cincinnati is not selected as the U.S.
Candidate City or the Host City, this compact shall immediately be
null and void."