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Sub. H. B. No. 347 As Passed by the SenateAs Passed by the Senate
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsors:
Representatives Hall, Huffman, Stebelton, Baker, Barnes, Beck, Blair, Blessing, Buchy, Combs, Grossman, Hackett, Matheney, Newbold, Roegner, Rose, Ruhl, Sears, Slaby
Senators Eklund, Hughes, Jones, Manning, Patton, Seitz, Wagoner
A BILL
To amend sections 122.12, 122.121, 505.60, and 731.09
and to enact section 731.091 of the Revised Code
to authorize the legislative authority of a
statutory nonchartered village to be composed of
five instead of six members and to authorize the
terms of office to be nonstaggered, to restrict
the types of competitive events that qualify for
state grants based on projected incremental
increases in sales tax receipts, and to authorize
townships to reimburse officers and employees for
out-of-pocket insurance premiums attributable to
coverage provided for their immediate dependents.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 122.12, 122.121, 505.60, and 731.09
be amended and section 731.091 of the Revised Code be enacted to
read as follows:
Sec. 122.12. As used in this section and in section 122.121
of the Revised Code:
(A) "Endorsing county" means a county that contains a site
selected by a site selection organization for one or more games.
(B) "Endorsing municipality" means a municipal corporation
that contains a site selected by a site selection organization for
one or more games.
(C) "Game support contract" means a joinder undertaking,
joinder agreement, or similar contract executed by an endorsing
municipality or endorsing county and a site selection
organization.
(D) "Game" means a national football league "super bowl," a
national collegiate athletic association championship game or
match, the national basketball association all-star game, the
national hockey league all-star game, the major league baseball
all-star game, a national collegiate athletic association bowl
championship series game, a world cup soccer game, a national
association for stock car auto racing race, the national senior
games, the air New Zealand golden oldies world rugby festival, the
golden gloves of America, inc., national golden gloves tournament,
the USA boxing association national championships, the
international boxing association world cup or world championships,
or the olympic or international competition of football, auto
racing, rugby, cricket, horse racing, mixed martial arts, or any
sport that is governed by an international federation and included
in at least one of the following:
(E) "Joinder agreement" means an agreement entered into by an
a local organizing committee, endorsing municipality, or endorsing
county, or more than one endorsing municipality or county acting
collectively and a site selection organization setting out
representations and assurances by each endorsing municipality or
endorsing county in connection with the selection of a site in
this state for the location of a game.
(F) "Joinder undertaking" means an agreement entered into by
an a local organizing committee, endorsing municipality, or
endorsing county, or more than one endorsing municipality or
county acting collectively and a site selection organization that
each endorsing municipality or endorsing county will execute a
joinder agreement in the event that the site selection
organization selects a site in this state for a game.
(G) "Local organizing committee" means a nonprofit
corporation or its successor in interest that:
(1) Has been authorized by an endorsing municipality,
endorsing county, or more than one endorsing municipality or
county acting collectively to pursue an application and bid on the
applicant's behalf to a site selection organization for selection
as the site of one or more games; or
(2) With the authorization of an endorsing municipality,
endorsing county, or more than one endorsing municipality or
county acting collectively, has executed an agreement with a site
selection organization regarding a bid to host one or more games.
(H) "Site selection organization" means the national football
league, the national collegiate athletic association, the national
basketball association, the national hockey league, major league
baseball, the federation internationale de football association,
the international world games association, the United States
olympic committee, the national association for stock car auto
racing, the national senior games association, the air New Zealand
golden oldies world rugby secretariat, golden gloves of America,
inc., the USA boxing association, the international boxing
association, or the national or international governing body of a
sport that is recognized as such by the United States olympic
committee endorsing municipality, endorsing county, or local
organizing committee.
Sec. 122.121. (A) If an a local organizing committee,
endorsing municipality, or endorsing county enters into a joinder
undertaking with a site selection organization, the local
organizing committee, endorsing municipality, or endorsing county
may apply to the director of development, on a form and in the
manner prescribed by the director, for a grant based on the
projected incremental increase in the receipts from the tax
imposed under section 5739.02 of the Revised Code within the
market area designated under division (C) of this section, for the
two-week period that ends at the end of the day after the date on
which a game will be held, that is directly attributable, as
determined by the director, to the preparation for and
presentation of the game. The director shall determine the
projected incremental increase in the tax imposed under section
5739.02 of the Revised Code from information certified to the
director by the endorsing municipality or the endorsing county
including, but not limited to, historical attendance and ticket
sales for the game, income statements showing revenue and
expenditures for the game in prior years, attendance capacity at
the proposed venues, event budget at the proposed venues, and
projected lodging room nights based on historical attendance,
attendance capacity at the proposed venues, and duration of the
game and related activities by using a formula approved by the
destination marketing association international for event impact
or another formula of similar purpose approved by the director.
The local organizing committee, endorsing municipality, or
endorsing county is eligible to receive a grant under this section
only if the projected incremental increase in receipts from the
tax imposed under section 5739.02 of the Revised Code, as
determined by the director, exceeds two hundred fifty thousand
dollars. The amount of the grant shall be determined by the
director not less than fifty per cent of the projected incremental
increase in receipts, as determined by the director, but shall not
exceed five hundred thousand dollars. The director shall not issue
grants with a total value of more than one million dollars in any
fiscal year, and shall not issue any grant before July 1, 2013.
(B) If the director of development approves an application
for an a local organizing committee, endorsing municipality, or
endorsing county and that local organizing committee, endorsing
municipality, or endorsing county enters into a joinder agreement
with a site selection organization, the local organizing
committee, endorsing municipality, or endorsing county shall file
a copy of the joinder agreement with the director of development,
who immediately shall notify the director of budget and management
of the filing. Within thirty days after receiving the notice, the
director of budget and management shall establish a schedule to
disburse from the general revenue fund to such local organizing
committee, endorsing municipality, or endorsing county payments
that total the amount certified by the director of development
under division (A) of this section, but in no event shall the
total amount disbursed exceed five hundred thousand dollars, and
no disbursement shall be made before July 1, 2013. The payments
shall be used exclusively by the local organizing committee,
endorsing municipality, or endorsing county to fulfill a portion
of its obligations to a site selection organization under game
support contracts, which obligations may include the payment of
costs relating to the preparations necessary for the conduct of
the game, including acquiring, renovating, or constructing
facilities; to pay the costs of conducting the game; and to assist
the local organizing committee, endorsing municipality, or
endorsing county in providing assurances required by a site
selection organization sponsoring one or more games.
(C) For the purposes of division (A) of this section, the
director of development, in consultation with the tax
commissioner, shall designate as a the market area for a game each
area in which they determine there is a reasonable likelihood of
measurable economic impact directly attributable to the
preparation for and presentation of the game and related events,
including areas likely to provide venues, accommodations, and
services in connection with the game based on the information and
the copy of the joinder undertaking provided to the director under
divisions (A) and (B) of this section. The director and
commissioner shall determine the geographic boundaries of each.
The market area shall consist of the combined statistical area, as
defined by the United States office of management and budget, in
which an endorsing municipality or endorsing county is located. An
endorsing municipality or endorsing county that has been selected
as the site for a game must be included in a market area for the
game.
(D) A local organizing committee, endorsing municipality, or
endorsing county shall provide information required by the
director of development and tax commissioner to enable the
director and commissioner to fulfill their duties under this
section, including annual audited statements of any financial
records required by a site selection organization and data
obtained by the local organizing committee, endorsing
municipality, or endorsing county relating to attendance at a game
and to the economic impact of the game. A local organizing
committee, an endorsing municipality, or an endorsing county shall
provide an annual audited financial statement if so required by
the director and commissioner, not later than the end of the
fourth month after the date the period covered by the financial
statement ends.
(E) Within sixty thirty days after the game, the local
organizing committee, endorsing municipality, or the endorsing
county shall report to the director of development about the
economic impact of the game. The report shall be in the form and
substance required by the director, including, but not limited to,
a final income statement for the event showing total revenue and
expenditures and revenue and expenditures in the market area for
the game, and ticket sales for the game and any related activities
for which admission was charged. The director of development shall
determine, based on the reported information and the exercise of
reasonable judgment, the incremental increase in receipts from the
tax imposed under section 5739.02 of the Revised Code directly
attributable to the game. If the actual incremental increase in
such receipts is less than the projected incremental increase in
receipts, the director may require the local organizing committee,
endorsing municipality, or the endorsing county to refund to the
state all or a portion of the grant.
(F) No disbursement may be made under this section if the
director of development determines that it would be used for the
purpose of soliciting the relocation of a professional sports
franchise located in this state.
(G) This section may not be construed as creating or
requiring a state guarantee of obligations imposed on an endorsing
municipality or endorsing county under a game support contract or
any other agreement relating to hosting one or more games in this
state.
Sec. 505.60. (A) As provided in this section and section
505.601 of the Revised Code, the board of township trustees of any
township may procure and pay all or any part of the cost of
insurance policies that may provide benefits for hospitalization,
surgical care, major medical care, disability, dental care, eye
care, medical care, hearing aids, prescription drugs, or sickness
and accident insurance, or a combination of any of the foregoing
types of insurance for township officers and employees. The board
of township trustees of any township may negotiate and contract
for the purchase of a policy of long-term care insurance for
township officers and employees pursuant to section 124.841 of the
Revised Code.
If the board procures any insurance policies under this
section, the board shall provide uniform coverage under these
policies for township officers and full-time township employees
and their immediate dependents, and may provide coverage under
these policies for part-time township employees and their
immediate dependents, from the funds or budgets from which the
officers or employees are compensated for services, such policies
to be issued by an insurance company duly authorized to do
business in this state.
(B) The board may also provide coverage for any or all of the
benefits described in division (A) of this section by entering
into a contract for group health care services with health
insuring corporations holding certificates of authority under
Chapter 1751. of the Revised Code for township officers and
employees and their immediate dependents. If the board so
contracts, it shall provide uniform coverage under any such
contracts for township officers and full-time township employees
and their immediate dependents, from the funds or budgets from
which the officers or employees are compensated for services, and
may provide coverage under such contracts for part-time township
employees and their immediate dependents, from the funds or
budgets from which the officers or employees are compensated for
services, provided that each officer and employee so covered is
permitted to:
(1) Choose between a plan offered by an insurance company and
a plan offered by a health insuring corporation, and provided
further that the officer or employee pays any amount by which the
cost of the plan chosen exceeds the cost of the plan offered by
the board under this section;
(2) Change the choice made under this division at a time each
year as determined in advance by the board.
An addition of a class or change of definition of coverage to
the plan offered under this division by the board may be made at
any time that it is determined by the board to be in the best
interest of the township. If the total cost to the township of the
revised plan for any trustee's coverage does not exceed that cost
under the plan in effect during the prior policy year, the
revision of the plan does not cause an increase in that trustee's
compensation.
(C) Any township officer or employee may refuse to accept any
coverage authorized by this section without affecting the
availability of such coverage to other township officers and
employees.
(D) If any township officer or employee is denied coverage
under a health care plan procured under this section or if any
township officer or employee elects not to participate in the
township's health care plan, the township may reimburse the
officer or employee for each out-of-pocket premium attributable to
the coverage provided for the officer or employee and their
immediate dependents for insurance benefits described in division
(A) of this section that the officer or employee otherwise
obtains, but not to exceed an amount equal to the average premium
paid by the township for its officers and employees under any
health care plan it procures under this section.
(E) The board may provide the benefits authorized under this
section, without competitive bidding, by contributing to a health
and welfare trust fund administered through or in conjunction with
a collective bargaining representative of the township employees.
The board may also provide the benefits described in this
section through an individual self-insurance program or a joint
self-insurance program as provided in section 9.833 of the Revised
Code.
(F) If a board of township trustees fails to pay one or more
premiums for a policy, contract, or plan of insurance or health
care services authorized under this section and the failure causes
a lapse, cancellation, or other termination of coverage under the
policy, contract, or plan, it may reimburse a township officer or
employee for, or pay on behalf of the officer or employee, any
expenses incurred that would have been covered under the policy,
contract, or plan.
(G) As used in this section and section 505.601 of the
Revised Code:
(1) "Part-time township employee" means a township employee
who is hired with the expectation that the employee will work not
more than one thousand five hundred hours in any year.
(2) "Premium" does not include any deductible or health care
costs paid directly by a township officer or employee.
Sec. 731.09. The (A) Except as otherwise provided in
division (B) or (C) of this section, the legislative power of each
village shall be vested in, and exercised by, a legislative
authority, composed of six members, who shall be elected by the
electors of the village at large, for terms of four years. At the
municipal election held in the year 1961 two members shall be
elected for terms of two years and four members shall be elected
for terms of four years. Except in villages where a primary
election was held in 1961 for the nomination of candidates for
member of the legislative authority, the four candidates who
receive the greatest number of votes cast shall be elected for
terms of four years, and the two candidates who receive the next
greatest number of the votes cast shall be elected for terms of
two years.
All candidates nominated prior to June 8, 1961, except by
primary election, shall have their names grouped together on the
election ballot regardless of whether their nominating petition or
declaration of candidacy designated that they were candidates for
a two-year or a four-year term.
At the municipal election in 1963 and quadrennially
thereafter, two members shall be elected for terms of four years.
At the municipal election in 1965 and quadrennially
thereafter, four members shall be elected for terms of four years.
Beginning with the year 1964, all members of village council
shall hold office for a term of four years.
(B) The legislative authority of a village may adopt an
ordinance or resolution that, if approved by a majority of the
electors voting on the issue, would reduce the number of members
of the legislative authority to five. A certified copy of the
ordinance or resolution shall be filed with the board of elections
no later than four p.m. of the ninetieth day before the day of the
next election at which members of the legislative authority are to
be elected.
(C) The electors may propose a reduction in the number of
members of the legislative authority from six to five by
initiative petition in accordance with the procedure set forth in
section 731.28 of the Revised Code.
(D) If a majority of the votes cast on the question proposed
under division (B) or (C) of this section is in the affirmative,
the legislative authority shall be composed of five members, who
shall be elected at large, for terms of four years. If members of
the legislative authority have staggered terms of office as
required by this section, the decrease in number of members shall
be implemented as necessary over the next two municipal elections
at which members of the legislative authority would be elected. If
the legislative authority has adopted an ordinance or resolution
to eliminate staggered terms of office under section 731.091 of
the Revised Code, the five members shall be elected as set forth
in division (B)(2) of that section.
Sec. 731.091. (A) The legislative authority of a village may,
by the adoption of an ordinance or resolution to eliminate
staggered terms of office, determine that all members of the
legislative authority shall be elected at the same municipal
election as provided for in this section.
(B) At the regular municipal election occurring not less than
ninety days after the certification of the ordinance or resolution
to the board of elections eliminating staggered terms of office,
the following apply:
(1) If there are six members of the legislative authority,
three members shall be elected at the next regular municipal
election for two year nonstaggered terms and all members of the
legislative authority shall be elected to four year nonstaggered
terms at all following municipal elections.
(2) If there are five members of the legislative authority,
three members shall be elected at the next municipal election for
two year terms and all members shall be elected to four year
nonstaggered terms at all following municipal elections.
Section 2. That existing sections 122.12, 122.121, 505.60,
and 731.09 of the Revised Code are hereby repealed.
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