The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
H. B. No. 393As Reported by the House Finance and Appropriations CommitteeAs Reported by the House Finance and Appropriations Committee
125th General Assembly | Regular Session | 2003-2004 |
| |
REPRESENTATIVES Harwood, Perry, Williams, Hartnett, Carano, Schmidt, Seitz, Seaver, Sferra, Book, Kearns, Otterman, DeGeeter, Ujvagi, Barrett, Core, Hughes, Miller, Webster, Wilson
A BILL
To amend section 3383.01 of the Revised Code to provide that the Ohio Arts and Sports Facilities Commission may participate in the financing of motorsports complexes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 3383.01 of the Revised Code be amended to read as follows:
Sec. 3383.01. As used in this chapter: (A)
"Arts" means any of the following: (1) Visual, musical, dramatic, graphic,
design, and
other
arts,
including, but
not limited to, architecture,
dance,
literature,
motion pictures, music, painting, photography,
sculpture, and
theater, and the provision of training or education
in these arts; (2) The presentation or making available, in
museums or
other indoor or outdoor facilities, of principles of
science and
their development, use, or application in business,
industry, or
commerce or of the history, heritage, development,
presentation,
and uses of the arts
described in division (A)(1)
of this section
and of
transportation; (3) The preservation, presentation, or making available of
features of
archaeological, architectural, environmental, or
historical interest or significance in a state historical facility
or a
local historical facility. (B)
"Arts organization" means either of the following: (1) A governmental agency or Ohio nonprofit corporation
that
provides programs or activities in areas directly concerned
with
the arts; (2) A regional arts and cultural district as defined in
section 3381.01 of the Revised Code. (C)
"Arts project" means all or any portion of an
Ohio arts
facility for which the general assembly has specifically
authorized the spending of money, or made an appropriation,
pursuant to division (D)(3)
or (E) of section 3383.07 of the
Revised Code. (D)
"Cooperative contract" means a contract between the Ohio
arts and sports facilities commission and an arts organization
providing the terms and conditions of the cooperative use of an
Ohio arts facility. (E)
"Costs of operation" means amounts required to manage an
Ohio arts facility that are incurred
following the completion of
construction of its arts project, provided
that both of the
following apply: (1) Those amounts either: (a) Have been committed to a fund dedicated to that purpose; (b) Equal the principal of any endowment fund, the income
from
which is dedicated to that purpose. (2) The commission and the arts organization have executed
an
agreement with respect to either of those funds. (F)
"General building services" means general building
services for an Ohio arts facility or an Ohio sports facility,
including, but not limited to, general
custodial care, security,
maintenance, repair, painting,
decoration, cleaning, utilities,
fire safety, grounds and site maintenance and
upkeep, and
plumbing. (G)
"Governmental agency" means a state agency, a
state-supported or state-assisted institution of higher
education,
a municipal corporation, county, township, or school
district, a
port authority created under Chapter 4582.
of the Revised Code,
any other political subdivision or special
district
in this state
established by or pursuant to law, or any combination
of these
entities; except where otherwise
indicated, the United States or
any department, division, or agency of the
United States, or any
agency, commission, or authority
established pursuant to an
interstate compact or agreement. (H)
"Local contributions" means the value of an asset
provided by
or on behalf of an arts organization from sources
other than the state, the
value and nature of which shall be
approved by the Ohio arts and sports facilities commission, in its
sole
discretion.
"Local contributions" may include the value of
the site
where an arts project is to be constructed. All
"local
contributions," except a contribution attributable to such a site,
shall be for the costs of construction of an arts project or
the
costs of operation of an arts facility. (I)
"Local historical facility" means a site or facility,
other
than a state historical facility, of archaeological,
architectural,
environmental, or historical interest or
significance, or a facility,
including a storage facility,
appurtenant to the operations of
such a site or facility, that is
owned by an arts organization,
provided the facility meets the
requirements of division
(K)(2)(b)
of this section, is managed
by
or pursuant to a contract with
the Ohio arts and sports
facilities
commission, and is used for or
in connection with the
activities
of the commission, including the
presentation or making
available
of arts to the public. (J)
"Manage,"
"operate," or
"management" means the
provision
of, or the exercise of control over the provision of,
activities: (1) Relating to the arts for an Ohio arts facility,
including as applicable, but not limited to, providing for
displays,
exhibitions, specimens, and models; booking of artists,
performances, or presentations; scheduling; and hiring or
contracting for directors, curators, technical and scientific
staff, ushers, stage managers, and others directly related to the
arts activities in the facility; but not including general
building services; (2) Relating to sports and athletic events for an Ohio
sports
facility, including as applicable, but not limited to,
providing for
booking
of athletes, teams, and events; scheduling;
and hiring or contracting for
staff, ushers, managers, and others
directly related to the sports and
athletic events in the
facility; but not including general building services. (K)
"Ohio arts facility" means any of the following: (1) The three theaters located in the state office tower
at
77 South High street in Columbus; (2) Any capital facility in this state to which
both of
the
following apply: (a) The construction of an arts project related to the
facility was authorized or
funded by the general assembly pursuant
to division (D)(3)
of section 3383.07 of the Revised Code
and
proceeds of state bonds are used for costs of the arts project. (b)
The facility is managed directly by, or
is subject to
a
cooperative or management contract
with, the Ohio arts and
sports
facilities commission, and
is used for or
in connection
with the
activities of the commission, including the
presentation
or making
available of arts to the public
and the provision of training or
education in the arts. (3) A state historical facility or a local historical
facility. (L)
"State agency" means the state or any of its
branches,
officers, boards, commissions, authorities, departments,
divisions, or other units or agencies. (M)
"Construction" includes acquisition, including
acquisition by
lease-purchase, demolition, reconstruction,
alteration, renovation, remodeling, enlargement, improvement, site
improvements, and related equipping and furnishing. (N)
"State historical facility" means a site or facility
of
archaeological,
architectural, environmental, or historical
interest or significance, or a
facility, including a storage
facility, appurtenant to the operations of such
a site or
facility, that is owned by or is located on real property owned by
the state or by an arts organization,
so long as the
real property
of the arts organization
is contiguous to
state-owned real
property that is in the care, custody, and control of an arts
organization, and that is managed directly by or
is
subject to
a
cooperative or management contract
with the Ohio arts
and sports
facilities commission and
is used for or in
connection with
the
activities of the
commission, including the
presentation or
making
available of arts to the
public. (O)
"Ohio sports facility" means all or a portion of a
stadium,
arena, motorsports complex, or other capital facility in
this state, a
primary purpose of which
is to provide a site or venue for the
presentation to the public of either motorsports events or events of
one or more major or minor
league professional athletic or sports teams that
are associated
with the state or with a city or region
of the state, which
facility is owned by or is located on real property owned by the
state or a
governmental agency, and including all parking
facilities, walkways, and
other
auxiliary facilities, equipment,
furnishings, and real and personal property
and interests and
rights therein, that may be appropriate for or used for or
in
connection with the facility or its operation, for capital costs
of which
state funds are spent pursuant to this chapter. A
facility constructed as an
Ohio sports facility may be both an
Ohio arts facility and
an Ohio sports facility.
Section 2. That existing section 3383.01 of the Revised Code is hereby repealed.
|