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Sub. H. B. No. 393As Reported by the Senate Finance and Financial Institutions CommitteeAs Reported by the Senate Finance and Financial Institutions Committee
125th General Assembly | Regular Session | 2003-2004 |
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REPRESENTATIVES Harwood, Perry, Williams, Hartnett, Carano, Schmidt, Seitz, Seaver, Sferra, Book, Kearns, Otterman, DeGeeter, Ujvagi, Barrett, Core, Hughes, Miller, Webster, Wilson, Allen, Aslanides, Beatty, Blasdel, Brown, Cirelli, Clancy, DeBose, Distel, Domenick, C. Evans, Faber, Flowers, Grendell, Key, Mason, S. Patton, Peterson, Price, Redfern, Schneider, D. Stewart, Strahorn, Sykes, Walcher
SENATOR Harris
A BILL
To amend sections 3383.01 and 3383.07 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 sections 3383.01 and 3383.07 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, in the case of a motorsports complex, owned by the state or governmental agency, or in all other instances, 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. (P) "Motorsports" means sporting events in which motor vehicles are driven on a clearly demarcated tracked surface.
Sec. 3383.07. (A) The department of administrative
services
shall provide for the construction of an arts
project in
conformity with Chapter 153. of the Revised
Code,
except as
follows: (1) For an arts project that has an estimated
construction
cost, excluding the cost of acquisition, of twenty-five million
dollars or more, and that is financed by the Ohio building
authority, construction services may be provided by the authority
if
the
authority determines it should provide those services. (2) For an arts project other than a state historical
facility,
construction services may be provided on
behalf of the
state by the Ohio arts and sports facilities
commission, or by a
governmental agency or an arts organization
that occupies, will
occupy, or is responsible for the Ohio arts
facility, as
determined by the
commission.
Construction services to be
provided by a
governmental agency or
an arts organization shall be
specified in
an agreement between
the commission and the
governmental agency or
arts organization.
The agreement, or any
actions taken under it,
are not subject to
Chapter 123. or 153. of
the Revised Code,
except for sections
123.151 and 153.011 of the
Revised Code, and
shall be
subject to Chapter
4115. of the Revised
Code. (3) For an arts project that is a state
historical facility,
construction
services
may be provided by the Ohio arts and sports
facilities commission or by
an arts organization that occupies,
will occupy, or is responsible for the
facility, as determined by
the commission. The construction services to be
provided by the
arts organization shall be specified in an agreement between
the
commission and the arts organization. That agreement,
and any
actions
taken under it, are not subject to Chapter 123.,
153., or
4115. of the Revised
Code. (B) For an Ohio sports facility that is financed in part by
the
Ohio building authority, construction services shall be
provided on
behalf of the state by or at the direction of the
governmental agency or
nonprofit corporation that will own or be
responsible for the management of
the facility, all as determined
by the
Ohio arts and sports facilities commission. Any
construction services
to be provided by a governmental agency or
nonprofit corporation shall be
specified in an agreement between
the commission and the governmental agency
or nonprofit
corporation. That agreement, and any actions taken under
it,
are
not subject to Chapter 123. or 153. of the Revised Code,
except
for sections
123.151 and 153.011 of the Revised Code, and
shall be
subject to
Chapter 4115. of the Revised Code. (C) General building services for an Ohio arts facility
shall be provided by
the
Ohio arts and sports facilities
commission or by an arts
organization that
occupies, will occupy,
or is responsible for the
facility, as determined by
the
commission, except that the Ohio
building authority may elect to
provide those services for Ohio
arts facilities financed with
proceeds of state bonds issued by
the authority.
The costs of
management and general building
services shall
be paid by the arts
organization that occupies,
will
occupy, or
is responsible for the
facility as provided in an
agreement between the
commission and
the arts organization, except
that the state may pay for general
building services for
state-owned arts
facilities constructed on
state-owned land.
General building services for
an Ohio sports facility shall
be provided by or at the direction of
the governmental agency or
nonprofit corporation that will be responsible for
the management
of the facility, all as determined by the commission. Any
general
building services to be provided by a governmental agency or
nonprofit
corporation
for an Ohio sports facility shall be
specified in
an agreement between the commission and the
governmental agency or nonprofit corporation. That
agreement, and
any
actions taken under it, are not subject to
Chapter 123. or
153.
of the Revised Code, except for sections
123.151 and 153.011
of
the Revised Code,
and shall be subject to
Chapter 4115. of the
Revised Code. (D) This division does not apply to a state historical
facility. No state funds, including any state bond proceeds,
shall be spent on the construction of any arts
project
under this
chapter unless, with respect to the arts project and to
the Ohio
arts facility related to the
project, all of
the following apply: (1) The Ohio arts and sports facilities commission has
determined
that there is a need for the arts project and the Ohio
arts
facility related to the project in the
region of the state
in which the Ohio arts facility is
located or for which the
facility is
proposed. (2) The commission has determined that, as an indication of
substantial regional support for
the arts project, the arts
organization has made
provision
satisfactory to the commission, in
its sole discretion, for
local contributions amounting to
not less
than fifty per cent of the total state funding
for the arts
project. (3) The general assembly has specifically authorized the
spending of money on, or made an appropriation for, the
construction of the arts project, or for rental
payments relating
to
the financing of the construction of the arts project.
Authorization
to spend money, or an appropriation, for planning
the arts
project
does not constitute authorization to spend money
on, or an
appropriation for, construction of the arts project. (E) No state funds, including any state bond proceeds, shall
be spent on the
construction of any state historical facility
under this chapter unless the
general assembly has specifically
authorized the spending of money on, or made
an appropriation for,
the construction of the arts project related to
the facility, or
for rental payments
relating to the financing of the construction
of the arts
project. Authorization
to spend money, or an
appropriation, for planning the arts
project does not
constitute
authorization to spend money on, or an appropriation
for, the
construction of the arts project. (F) State funds shall not be used to pay or reimburse more
than
fifteen per cent of the initial estimated construction cost
of an
Ohio sports facility,
excluding any site acquisition cost,
and no state funds, including any state
bond proceeds, shall be
spent on any Ohio sports facility under this
chapter unless, with
respect to that facility, all of the following apply: (1) The Ohio arts and sports facilities commission has
determined
that there is a need for the facility in the region of
the state for which the
facility is proposed to provide the
function of an Ohio sports
facility as provided for in this
chapter. (2) As an indication of substantial local support for the
facility, the
commission has received a financial and development
plan satisfactory to it,
and provision has been made, by agreement
or otherwise, satisfactory to the
commission, for a contribution
amounting to not less than eighty-five per cent
of the total
estimated construction cost of the facility, excluding any site
acquisition cost, from sources other than the state. (3) The general assembly has specifically authorized the
spending of money
on, or made an appropriation for, the
construction of the facility, or for
rental payments relating to
state financing of all or a portion of the costs
of constructing
the facility. Authorization to spend money, or an
appropriation,
for planning or determining the feasibility of or need for the
facility does not constitute authorization to spend money on, or
an
appropriation for, costs of constructing the facility. (4) If state bond proceeds are being used for the Ohio
sports
facility, the state or a governmental agency owns or has
sufficient property
interests in the facility or in the site of
the facility or in the portion or
portions of the facility
financed from proceeds of state bonds, which may
include, but is
not limited to, the right to use or to require the use of the
facility for the presentation of sport and athletic events to the
public at
the facility. (G) In addition to the requirements of division (F) of this section, no state funds, including any state bond proceeds, shall be spent on any Ohio sports facility that is a motorsports complex, unless, with respect to that facility, both of the following apply:
(1) Motorsports events shall be presented at the facility pursuant to a lease entered into with the owner of the facility. The term of the lease shall be for a period of not less than the greater of the useful life of the portion of the facility financed from proceeds of state bonds as determined using the guidelines for maximum maturities as provided under divisions (B) and (C) of section 133.20 of the Revised Code, or the period of time remaining to the date of payment or provision for payment of outstanding state bonds allocable to costs of the facility, all as determined by the director of budget and management and certified by the director to the Ohio arts and sports facilities commission and to the Ohio building authority.
(2) Any motorsports organization that commits to using the facility for an established period of time shall give the political subdivision in which the facility is located not less than six months' advance notice if the organization intends to cease utilizing the facility prior to the expiration of that established period. Such a motorsports organization shall be liable to the state for any state funds used on the construction costs of the facility.
Section 2. That existing sections 3383.01 and 3383.07 of the Revised Code are hereby repealed.
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