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H. B. No. 599 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsors:
Representatives Foley, Antonio, Murray, Driehaus, Reece, Yuko
A BILL
To amend sections 154.23, 307.673, 351.14, 351.26,
and 3383.07 and to enact section 9.75 of the
Revised Code to prohibit a professional sports
team for whom a sports facility was constructed
using public funds from entering into a contract
that prohibits the broadcast of the sports team's
games based upon the number of tickets sold.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 154.23, 307.673, 351.14, 351.26, and
3383.07 be amended and section 9.75 of the Revised Code be enacted
to read as follows:
Sec. 9.75. (A) As used in this section:
(1) "Owner" means any person that owns or operates a
professional sports team.
(2) "Political subdivision" has the same meaning as in
section 9.23 of the Revised Code.
(3) "Sports team" means a major or minor league professional
athletic or sports team.
(B) No sports team for whom a sports facility is or was
constructed in whole or in part using funds from a political
subdivision and that plays games in that sports facility on a
regular basis shall agree, either directly or pursuant to a league
or conference contract, to a provision in a contract that
prohibits the local television or radio broadcast of a game the
sports team plays in the sports facility based upon the number of
tickets sold for the game.
(C) The political subdivision that provides funding as
described in division (B) of this section and that believes that a
sports team has violated that division may bring an action against
the owner or institution affiliated with that sports team, as
applicable, in a court of competent jurisdiction. If the court
determines that the sports team has violated that division, the
owner or institution, as applicable, shall pay to the political
subdivision an amount equal to the amount of the public funding
described in that division expended for the construction of the
sports facility. If the sports facility was constructed on behalf
of more than one sports team, the owner or institution shall pay
an amount proportionate to the amount the sports team uses the
sports facility in comparison to any other sports team that uses
the sports facility on a regular basis.
Sec. 154.23. (A) Subject to authorization by the general
assembly under section 154.02 of the Revised Code, the issuing
authority may issue obligations pursuant to this chapter to pay
costs of capital facilities for Ohio cultural facilities and Ohio
sports facilities.
(B) The Ohio public facilities commission may lease any
capital facilities for Ohio cultural facilities or Ohio sports
facilities to, and make or provide for other agreements with
respect to the use or purchase of such capital facilities with,
the Ohio cultural facilities commission and, with the Ohio
cultural facilities commission's approval, any governmental agency
having authority under law to operate such capital facilities. Any
lease or agreement shall be subject to Chapter 3383. of the
Revised Code.
(C) For purposes of this section, "available receipts" means
any revenues or receipts derived by the Ohio public facilities
commission from the operation, leasing, or other disposition of
capital facilities financed under this section, the proceeds of
obligations issued under this section and section 154.11 or 154.12
of the Revised Code, and also means any gifts, grants, donations,
and pledges, and receipts thereon, available for the payment of
bond service charges on obligations issued under this section. The
issuing authority may pledge all, or such portion as it
determines, of the available receipts to the payment of bond
service charges on obligations issued under this section and
section 154.11 or 154.12 of the Revised Code and for the
establishment and maintenance of any reserves, as provided in the
bond proceedings, and make other provisions therein with respect
to such available receipts as authorized by this chapter, which
provisions shall be controlling notwithstanding any other
provision of law pertaining thereto.
(D) There is hereby created one or more funds, as determined
by the issuing authority in the bond proceedings, designated as
the "Ohio cultural facilities commission bond service fund" with,
if more than one such fund, such further identifying name as the
issuing authority determines, which shall be in the custody of the
treasurer of state but shall be separate and apart from and not a
part of the state treasury. All money received by or on account of
the issuing authority or the Ohio cultural facilities commission
and required by the applicable bond proceedings to be deposited,
transferred, or credited to the Ohio cultural facilities
commission bond service fund, and all other money transferred or
allocated to or received for the purposes of that fund shall be
deposited with the treasurer of state and credited to the
applicable fund, subject to applicable provisions of the bond
proceedings, but without necessity of any act or appropriation.
The Ohio cultural facilities commission bond service funds are
trust funds and are hereby pledged to the payment of bond service
charges on the applicable obligations issued pursuant to this
section and section 154.11 or 154.12 of the Revised Code to the
extent provided in the applicable bond proceedings, and payment
thereof from such funds shall be made or provided for by the
treasurer of state in accordance with the applicable bond
proceedings without necessity for any act or appropriation.
(E) This section is to be applied with other applicable
provisions of this chapter.
(F)(1) As used in this division, "owner" and "sports team"
have the same meanings as in section 9.75 of the Revised Code.
(2) No sports team for whom an Ohio sports facility is or was
constructed in whole or in part using financing under this section
and that plays games in that Ohio sports facility on a regular
basis shall agree, either directly or pursuant to a league or
conference contract, to a provision in a contract that prohibits
the local television or radio broadcast of a game the sports team
plays in the Ohio sports facility based upon the number of tickets
sold for the game.
(3) If the issuing authority or commission believes that a
sports team has violated division (F)(2) of this section, the
issuing authority or commission may bring an action against the
owner of that sports team in a court of competent jurisdiction. If
the court determines that the sports team has violated that
division, the owner shall pay to the issuing authority or
commission an amount equal to the amount of public financing
expended under this section for the construction of the Ohio
sports facility. If the Ohio sports facility was constructed on
behalf of more than one sports team, the owner shall pay an amount
proportionate to the amount the sports team uses the Ohio sports
facility in comparison to any other sports team that uses the Ohio
sports facility on a regular basis.
Sec. 307.673. This section applies only in a county in which
a tax is levied under section 307.697, 4301.421, 5743.024, or
5743.323 of the Revised Code on the effective date of this
amendment July 19, 1995.
(A) As used in this section:
(1) "County taxes" means taxes levied by a board of county
commissioners under division (D) of section 307.697, division (B)
of section 4301.421, division (C) of section 5743.024, and section
5743.323 of the Revised Code.
(2) "Corporation" means a nonprofit corporation organized
under the laws of this state and that includes among the purposes
for which it is incorporated the authority to acquire, construct,
renovate, equip, lease, manage, or operate a sports facility.
(3) "Cooperative agreement" means an agreement entered into
pursuant to this section.
(4) "Cost of a sports facility" means the cost of acquiring,
constructing, renovating, equipping, or improving one or more
sports facilities, including reconstructing, rehabilitating,
remodeling, and enlarging; the cost of equipping and furnishing
such a facility; and all financing costs pertaining thereto,
including the cost of engineering, architectural, and other
professional services, designs, plans, specifications and surveys,
and estimates of costs; the costs of refinancing obligations
issued by, or reimbursement of money advanced by, the parties to
the cooperative agreement or other persons, the proceeds of which
obligations were used to pay the costs of the sports facility; the
cost of tests and inspections; the cost of any indemnity or surety
bonds and premiums on insurance, all related direct and
administrative costs pertaining thereto, fees and expenses of
trustees, depositories, and paying agents for the obligations,
capitalized interest on the obligations, amounts necessary to
establish reserves as required by the obligation proceedings, the
reimbursement of money advanced or applied by the parties to the
cooperative agreement or other persons for the payment of any item
of costs of the sports facility, and all other expenses necessary
or incident to planning or determining the feasibility or
practicability with respect to the sports facility; and any other
such expenses as may be necessary or incident to the acquisition,
construction, reconstruction, rehabilitation, remodeling,
renovation, enlargement, improvement, equipping, and furnishing of
the sports facility, the financing of the sports facility, placing
the sports facility in use and operation, including any one, part
of, or combination of such classes of costs and expenses.
(5) "Financing costs" has the same meaning as in section
133.01 of the Revised Code.
(6) "Obligations" means obligations issued or incurred to pay
the cost of a sports facility, including bonds, notes,
certificates of indebtedness, commercial paper, and other
instruments in writing, anticipatory securities as defined in
section 133.01 of the Revised Code, issued or incurred by an
issuer pursuant to Chapter 133. or 4582. of the Revised Code or
this section, or otherwise, to evidence the issuer's obligation to
repay borrowed money, or to pay interest, by, or to pay at any
future time other money obligations of, the issuer of the
obligations, including obligations of an issuer or lessee to make
payments under an installment sale, lease, lease-purchase, or
similar agreement.
(7) "Owner" means any person that owns or operates a
professional athletic or sports team, that is party to a
cooperative agreement, or that has a lease or other agreement with
a party to a cooperative agreement, and that commits to use the
sports facility that is the subject of the cooperative agreement
for all of the team's home games for the period specified in that
agreement.
(8) "Payments," when used with reference to obligations,
means payments of the principal, including any mandatory sinking
fund deposits and mandatory redemption payments, interest and any
redemption premium, and lease rentals, lease-purchase payments and
other amounts payable under obligations in the form of installment
sale, lease, lease-purchase, or similar agreements.
(9) "Person" has the same meaning as defined in section
133.01 of the Revised Code.
(10) "Port authority" means a port authority created under
Chapter 4582. of the Revised Code.
(11) "Sports facility" means a facility, including a stadium,
that is intended to house or provide a site for one or more major
league professional athletic or sports teams or activities,
together with all spectator facilities, parking facilities,
walkways, and auxiliary facilities, real and personal property,
property rights, easements, leasehold estates, and interests that
may be appropriate for, or used in connection with, the operation
of the sports facility.
(B) The board of county commissioners of a county, the
legislative authority of a municipal corporation, a port
authority, a corporation, and an owner, or any combination
thereof, may enter into one or more cooperative agreements under
which the parties enter into one or more of the agreements
described in divisions (B)(1) to (5) of this section.
(1) The board of county commissioners agrees to do one or
more of the following:
(a) Levy a tax under division (D) of section 307.697,
division (B) of section 4301.421, division (C) of section
5743.024, and section 5743.323 of the Revised Code and make
available all or a portion of the revenue from those taxes for the
payment of the cost of the sports facility or to make payments on
obligations;
(b) Issue or incur obligations of the county pursuant to
Chapter 133. of the Revised Code or this section;
(c) Make available all or a portion of the revenue from those
taxes or of the proceeds from the issuance of those obligations to
the municipal corporation, port authority, corporation, or
otherwise for the payment of the cost of a sports facility or the
payment of obligations;
(d) Acquire, construct, renovate, equip, lease to or from
another person, and operate, directly or by a lease or management
contract with another person, one or more sports facilities;
(e) To the extent provided in the cooperative agreement or a
lease with respect to a sports facility, authorize the municipal
corporation, port authority, corporation, or owner to administer
contracts for designing, planning, acquiring, constructing,
renovating, or equipping a sports facility.
(2) The port authority agrees to do one or more of the
following:
(a) Issue or incur obligations of the port authority pursuant
to Chapter 133. or 4582. of the Revised Code or this section;
(b) Make available all or a portion of the proceeds from the
issuance of those obligations to the municipal corporation,
county, or corporation for the payment of the cost of a sports
facility or the payment of obligations;
(c) Acquire, construct, renovate, equip, lease to or from
another person, and operate, directly or by a lease or management
contract with another person, one or more sports facilities;
(d) To the extent provided in the cooperative agreement or a
lease with respect to a sports facility, authorize the municipal
corporation, county, corporation, or owner to administer contracts
for designing, planning, acquiring, constructing, renovating, or
equipping a sports facility.
(3) The legislative authority of the municipal corporation
agrees to do one or more of the following:
(a) Make available the revenue from taxes levied by the
legislative authority for the payment of the cost of a sports
facility or to make payments on obligations;
(b) Issue or incur obligations of the municipal corporation
pursuant to Chapter 133. of the Revised Code or otherwise;
(c) Make available all or a portion of the proceeds from the
issuance of those obligations to the county, port authority,
corporation, or otherwise for the payment of the cost of a sports
facility or the payment of obligations;
(d) Acquire, construct, renovate, equip, lease to or from
another person, and operate, directly or by a lease or management
contract with another person, one or more sports facilities;
(e) To the extent provided in the cooperative agreement or a
lease with respect to a sports facility, authorize the county,
port authority, corporation, or owner to administer contracts for
designing, planning, acquiring, constructing, renovating, or
equipping a sports facility.
(4) The corporation agrees to do one or more of the
following:
(a) Issue or incur obligations;
(b) Make available all or a portion of the proceeds from the
issuance of those obligations to the county, port authority,
municipal corporation, or otherwise for the payment of the cost of
a sports facility or the payment of obligations;
(c) Acquire, construct, renovate, equip, lease to or from
another person, and operate, directly or by a lease or management
contract with another person, one or more sports facilities;
(d) To the extent provided in the cooperative agreement or a
lease with respect to a sports facility, agree that the
corporation will administer contracts for designing, planning,
acquiring, constructing, renovating, or equipping a sports
facility.
(5) The owner agrees to do one or more of the following:
(a) Use the sports facility that is the subject of the
cooperative agreement for all of the home games of the owner's
professional athletic or sports team for a specified period;
(b) Administer contracts for designing, planning, acquiring,
constructing, renovating, or equipping a sports facility.
(C) Any obligations may be secured by a trust agreement
between the issuer of obligations and a corporate trustee that is
a trust company or bank having the powers of a trust company in or
outside this state and authorized to exercise corporate trust
powers in this state. Proceeds from the issuance of any
obligations or the taxes levied and collected by any party to the
cooperative agreement may be deposited with and administered by a
trustee pursuant to the trust agreement.
(D) Any contract for the acquisition, construction,
renovation, or equipping of a sports facility entered into,
assigned, or assumed under this section shall provide that all
laborers and mechanics employed in the acquisition, construction,
renovation, or equipping of the sports facility shall be paid at
the prevailing rates of wages of laborers and mechanics for the
class of work called for, as those wages are determined in
accordance with Chapter 4115. of the Revised Code.
(E)(1) No sports team for whom a sports facility was
constructed in whole or in part using financing through a
cooperative agreement entered into under this section shall agree,
either directly or pursuant to a league or conference contract, to
a provision in a contract that prohibits the local television or
radio broadcast of a game the sports team plays in the sports
facility based upon the number of tickets sold for the game.
(2) A county, port authority, or municipal corporation that
entered into a cooperative agreement with an owner under division
(B) of this section and that believes that a sports team has
violated division (E)(1) of this section may bring an action
against the owner in a court of competent jurisdiction. If the
court determines that the sports team has violated that division,
the owner shall pay to the county, port authority, or municipal
corporation an amount equal to the amount of financing expended
pursuant to the cooperative agreement for the construction of the
sports facility. If the sports facility was constructed on behalf
of more than one sports team, the owner shall pay an amount
proportionate to the amount the sports team uses the sports
facility in comparison to any other sports team that uses the
sports facility on a regular basis. The county, port authority, or
municipal corporation shall divide the amount the county, port
authority, or municipal corporation receives from the owner under
division (E)(2) of this section among themselves based upon the
amount of financing the county, port authority, or municipal
corporation provided.
Sec. 351.14. (A) A convention facilities authority may at any
time issue revenue bonds and notes in such principal amount as, in
the opinion of the authority, are necessary for the purpose of
paying the cost of one or more facilities or parts thereof. An
authority may at any time issue renewal notes, issue bonds to pay
such notes and, whenever it deems refunding expedient, refund any
bonds by the issuance of convention facilities authority revenue
refunding bonds whether the bonds to be refunded have or have not
matured, and issue bonds partly to refund bonds then outstanding,
and partly for any other authorized purpose. The refunding bonds
shall be sold and the proceeds applied to the purchase,
redemption, or payment of the bonds to be refunded. Except as may
otherwise be expressly provided by the authority, every issue of
its bonds or notes shall be general obligations of the authority
payable out of the authority's revenues that are pledged for such
payment, without preference or priority of the first bonds issued,
subject only to any agreements with the holders of particular
bonds or notes pledging any particular revenues. Such pledge shall
be valid and binding from the time the pledge is made, and the
revenues so pledged and thereafter received by the authority shall
immediately be subject to the lien of such pledge without any
physical delivery thereof or further act. The lien of any such
pledge is valid and binding as against all parties having claims
of any kind in tort, contract, or otherwise against the authority,
irrespective of whether such parties have notice thereof. Neither
the resolution nor any trust agreement by which a pledge is
created need be filed or recorded except in the authority's
records.
(B) Whether or not the bonds or notes are of such form and
character as to be negotiable instruments, the bonds or notes
shall have all the qualities and incidents of negotiable
instruments, subject only to the provisions of the bonds or notes
for registration.
(C) The bonds and notes shall be authorized by resolution of
the authority, shall bear such date or dates, and shall mature at
such time or times, in the case of any such note or any renewals
thereof not exceeding twenty years from the date of issue of such
original note and in the case of any such bond or any refunding
bonds not exceeding forty years from the date of issue, and shall
be executed in such manner as such resolution may provide. The
bonds and notes shall bear interest at such rate or rates, be in
such denominations, be in such form, either coupon or registered,
carry such registration privileges, be payable in such medium of
payment, at such place or places, and be subject to such terms of
redemption as the authority may authorize. Bonds and notes of the
authority may be sold by the authority, at public or private sale,
at or at not less than such price or prices as the authority
determines. In case any officer whose signature or a facsimile of
whose signature, appears on any bonds, notes, or coupons ceases to
be such officer before delivery of bonds or notes, such signature
or facsimile shall nevertheless be sufficient for all purposes as
if he the officer had remained in office until such delivery, and
in case the seal of the authority has been changed after a
facsimile has been imprinted on such bonds or notes, such
facsimile seal will continue to be sufficient for all purposes.
(D) Any resolution or resolutions authorizing any bonds or
notes or any issue thereof may contain provisions, subject to such
agreements with bondholders or noteholders as may then exist,
which provisions shall be a part of the contract with the holders
thereof, as to: the pledging of any or all of the authority's
revenues to secure the payment of the bonds or notes or of any
issue thereof; the use and disposition of revenues of the
convention facilities authority; a covenant to fix, alter, and
collect rentals and other charges so that pledged revenues will be
sufficient to pay costs of operation, maintenance, and repairs,
pay principal of and interest on bonds or notes secured by the
pledge of such revenues, and provide such reserves as may be
required by the applicable resolution or trust agreement; the
setting aside of reserve funds, sinking funds, or replacement and
improvement funds and the regulation and disposition thereof; the
crediting of the proceeds of the sale of bonds or notes to and
among the funds referred to or provided for in the resolution
authorizing the issuance of the bonds or notes; the use, lease,
sale, or other disposition of any recreational facility or any
other assets of the authority; limitations on the purpose to which
the proceeds of sale of bonds or notes may be applied and the
pledging of such proceeds to secure the payment of the bonds or
notes or of any issue thereof; as to notes issued in anticipation
of the issuance of bonds, the agreement of the authority to do all
things necessary for the authorization, issuance, and sale of such
bonds in such amounts as may be necessary for the timely
retirement of such notes; limitations on the issuance of
additional bonds or notes; the terms upon which additional bonds
or notes may be issued and secured; the refunding of outstanding
bonds or notes; the procedure, if any, by which the terms of any
contract with bondholders or noteholders may be amended or
abrogated, the amount of bonds or notes the holders of which must
consent thereto, and the manner in which such consent may be
given; limitations on the amount of moneys to be expended by the
authority for operating, administrative, or other expenses of the
authority; securing any bonds or notes by a trust agreement in
accordance with section 351.16 of the Revised Code; any other
matters, of like or different character, that in any way affect
the security or protection of the bonds or notes.
(E) Neither the members of the authority's board of directors
nor any person executing the bonds or notes shall be liable
personally on the bonds or notes or be subject to any personal
liability or accountability by reason of the issuance thereof.
(F)(1) As used in this division, "owner" and "sports team"
have the same meanings as in section 9.75 of the Revised Code.
(2) No sports team for whom a sports facility is or was
constructed in whole or in part using financing provided under
this section and that plays games in that sports facility on a
regular basis shall agree, either directly or pursuant to a league
or conference contract, to a provision in a contract that
prohibits the local television or radio broadcast of a game the
sports team plays in the sports facility based upon the number of
tickets sold for the game.
(3) The authority that provided financing under this section
for a sports facility and that believes that a sports team has
violated division (F)(2) of this section may bring an action
against the owner of that sports team in a court of competent
jurisdiction. If the court determines that the sports team has
violated that division, the owner shall pay to the authority an
amount equal to the amount of financing expended under this
section for the construction of the sports facility. If the sports
facility was constructed on behalf of more than one sports team,
the owner shall pay an amount proportionate to the amount the
sports team uses the sports facility in comparison to any other
sports team that uses the sports facility on a regular basis.
Sec. 351.26. (A) The board of directors of a convention
facilities authority may adopt a resolution requesting the board
of county commissioners of the county in which the convention
facilities authority has its territory to propose the question of
a tax to be levied pursuant to this section and section 4301.424
or sections 5743.026 and 5743.324 of the Revised Code for the
purpose of construction or renovation of a sports facility. The
board of directors shall certify a copy of the resolution to the
board of county commissioners not later than one hundred five days
prior to the day of the election at which the board of directors
requests the board of county commissioners to submit the question
of the tax. The resolution shall state the rate at which the tax
would be levied, the purpose for which the tax would be levied,
the number of years the tax would be levied, the section of the
Revised Code under which the tax would be levied, and the date of
the election at which the board of directors requests the board of
county commissioners to submit the question of the tax, all of
which are subject to the limitations of this section and section
4301.424 or sections 5743.026 and 5743.324 of the Revised Code.
Upon receiving a copy of such a resolution from the board of
directors, the board of county commissioners shall adopt a
resolution either approving or rejecting the proposal, and certify
a copy of its resolution to the board of directors. If the board
of county commissioners approves the proposal, the board of county
commissioners shall propose the question of levying a tax pursuant
to section 4301.424 of the Revised Code or pursuant to sections
5743.026 and 5743.324 of the Revised Code, as specified in the
board of directors' resolution, for the purpose of construction or
renovation of a sports facility.
(B) The form of the ballot in an election held on the
question of levying a tax proposed pursuant to section 4301.424 or
5743.026 of the Revised Code shall be as follows or in any other
form acceptable to the secretary of state:
"For the purpose of paying the costs of ..........
(constructing or renovating) a sports facility, shall (an) excise
tax(es) be levied by the .......... county for the convention
facilities authority of .......... county at the rate of ......
(dollars on each gallon of spirituous liquor sold in the county by
the Ohio division of liquor control, cents per gallon on the sale
of beer at wholesale in the county, cents per gallon on the sale
of wine and mixed beverages at wholesale in the county, or mills
per cigarette on the sale of cigarettes at wholesale in the
county), for ...... years?
For an election in which questions under section 4301.424 or
5743.026 of the Revised Code are joined as a single question, the
form of the ballot shall be as above, except each of the proposed
taxes shall be listed.
(C) No tax shall be levied under this section on or after
September 23, 2008. This division does not prevent the collection
of any tax levied under this section before that date so long as
that tax remains effective.
(D)(1) As used in this division, "owner" and "sports team"
have the same meanings as in section 9.75 of the Revised Code.
(2) No sports team for whom a sports facility was constructed
in whole or in part using financing provided under this section
and that plays games in that sports facility on a regular basis
shall agree, either directly or pursuant to a league or conference
contract, to a provision in a contract that prohibits the local
television or radio broadcast of a game the sports team plays in
the sports facility based upon the number of tickets sold for the
game.
(3) The authority that provided financing under this section
for a sports facility and that believes that a sports team has
violated division (D)(2) of this section may bring an action
against the owner of that sports team in a court of competent
jurisdiction. If the court determines that the sports team has
violated that division, the owner shall pay to the authority an
amount equal to the amount of financing expended under this
section for the construction of the sports facility. If the sports
facility was constructed on behalf of more than one sports team,
the owner shall pay an amount proportionate to the amount the
sports team uses the sports facility in comparison to any other
sports team that uses the sports facility on a regular basis.
Sec. 3383.07. (A) The Ohio facilities construction
commission shall provide for the construction of a cultural
project in conformity with Chapter 153. of the Revised Code,
except as follows:
(1) For a cultural project other than a state historical
facility, construction services may be provided on behalf of the
state by the Ohio cultural facilities commission, or by a
governmental agency or a cultural organization that occupies, will
occupy, or is responsible for the Ohio cultural facility, as
determined by the Ohio cultural facilities commission. For a
project receiving a state appropriation of fifty thousand dollars
or less, the Ohio cultural facilities commission may delegate to
its executive director the authority to approve the provision of
construction services by such an agency or organization, but not
the authority to disapprove that provision. Construction services
to be provided by a governmental agency or a cultural organization
shall be specified in an agreement between the Ohio cultural
facilities commission and the governmental agency or cultural
organization. The agreement, or any actions taken under it, are
not subject to Chapter 123. or 153. of the Revised Code, except
for sections 123.081 and 153.011 of the Revised Code, and shall be
subject to Chapter 4115. of the Revised Code.
(2) For a cultural project that is a state historical
facility, construction services may be provided by the Ohio
cultural facilities commission or by a cultural organization that
occupies, will occupy, or is responsible for the facility, as
determined by the Ohio cultural facilities commission. For a
facility receiving a state appropriation of fifty thousand dollars
or less, the Ohio cultural facilities commission may delegate to
its executive director the authority to approve the provision of
construction services by such an organization, but not the
authority to disapprove that provision. The construction services
to be provided by the cultural organization shall be specified in
an agreement between the Ohio cultural facilities commission and
the cultural 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
obligations issued pursuant to Chapter 154. of the Revised Code,
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 cultural facilities
commission. For a facility receiving a state appropriation of
fifty thousand dollars or less, the Ohio cultural facilities
commission may delegate to its executive director the authority to
approve the provision of construction services by or at the
direction of the agency or corporation, but not the authority to
disapprove that provision. Any construction services to be
provided by a governmental agency or nonprofit corporation shall
be specified in an agreement between the Ohio cultural facilities
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
123.081 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 cultural facility
shall be provided by the Ohio cultural facilities commission or by
a cultural organization that occupies, will occupy, or is
responsible for the facility, as determined by the Ohio cultural
facilities commission. For a facility receiving a state
appropriation of fifty thousand dollars or less, the Ohio cultural
facilities commission may delegate to its executive director the
authority to approve the provision of general building services by
such an organization, but not the authority to disapprove that
provision. Alternatively, the Ohio building authority may elect to
provide those services for Ohio cultural facilities financed with
proceeds of state bonds issued by the authority. The costs of
management and general building services shall be paid by the
cultural organization that occupies, will occupy, or is
responsible for the facility as provided in an agreement between
the Ohio cultural facilities commission and the cultural
organization, except that the state may pay for general building
services for state-owned cultural 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 Ohio cultural facilities
commission. For a facility receiving a state appropriation of
fifty thousand dollars or less, the Ohio cultural facilities
commission may delegate to its executive director the authority to
approve the provision of general building services by or at the
direction of the agency or corporation, but not the authority to
disapprove that provision. 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 Ohio cultural facilities 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 123.081 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 cultural project under this
chapter unless, with respect to the cultural project and to the
Ohio cultural facility related to the project, all of the
following apply:
(1) The Ohio cultural facilities commission has determined
that there is a need for the cultural project and the Ohio
cultural facility related to the project in the region of the
state in which the Ohio cultural facility is located or for which
the facility is proposed. For a project receiving a state
appropriation of fifty thousand dollars or less, the Ohio cultural
facilities commission may delegate to its executive director the
authority to determine need but only in the affirmative.
(2) The Ohio cultural facilities commission has determined
that, as an indication of substantial regional support for the
cultural project, the cultural organization has made provision
satisfactory to the Ohio cultural facilities commission, in its
sole discretion, for local contributions amounting to not less
than fifty per cent of the total state funding for the cultural
project. For a project receiving a state appropriation of fifty
thousand dollars or less, the Ohio cultural facilities commission
may delegate to its executive director the authority to determine
the adequacy of the regional support but only in the affirmative.
(3) The general assembly has specifically authorized the
spending of money on, or made an appropriation for, the
construction of the cultural project, or for rental payments
relating to the financing of the construction of the cultural
project. Authorization to spend money, or an appropriation, for
planning the cultural project does not constitute authorization to
spend money on, or an appropriation for, construction of the
cultural 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 state historical project related to the
facility, or for rental payments relating to the financing of the
construction of the state historical project. Authorization to
spend money, or an appropriation, for planning the state
historical project does not constitute authorization to spend
money on, or an appropriation for, the construction of the state
historical 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 cultural 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. For a
facility receiving a state appropriation of fifty thousand dollars
or less, the Ohio cultural facilities commission may delegate to
its executive director the authority to determine need but only in
the affirmative.
(2) As an indication of substantial local support for the
facility, the Ohio cultural facilities commission has received a
financial and development plan satisfactory to it, and provision
has been made, by agreement or otherwise, satisfactory to the Ohio
cultural facilities 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. For a facility receiving
a state appropriation of fifty thousand dollars or less, the Ohio
cultural facilities commission may delegate to its executive
director the authority to evaluate the financial and development
plan and the contribution and to determine their adequacy but only
in the affirmative.
(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 cultural facilities commission and to
the treasurer of state.
(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.
(H) In addition to the requirements of division (F) of this
section, no state bond proceeds shall be spent on any Ohio sports
facility that is a tennis facility, unless the owner or manager of
the facility provides contractual commitments from a national or
international professional tennis organization in a form
acceptable to the cultural facilities commission that assures that
one or more sanctioned professional tennis events will be
presented at the facility during each year that the bonds remain
outstanding.
(I)(1) As used in this division, "owner" and "sports team"
have the same meanings as in section 9.75 of the Revised Code.
(2) No sports team for whom an Ohio sports facility is or was
constructed in whole or in part using state funds and that plays
games in that Ohio sports facility on a regular basis shall agree,
either directly or pursuant to a league or conference contract, to
a provision in a contract that prohibits the local television or
radio broadcast of a game the sports team plays in the Ohio sports
facility based upon the number of tickets sold for the game.
(3) If the state agency that provides the state funds
described in division (I)(2) of this section believes that a
sports team has violated that division, the state agency may bring
an action against the owner in a court of competent jurisdiction.
If the court determines that the sports team has violated that
division, the owner shall pay to the state agency an amount equal
to the amount of state funds expended for the construction of the
Ohio sports facility. If the Ohio sports facility was constructed
on behalf of more than one sports team, the owner or institution
shall pay an amount proportionate to the amount the sports team
uses the Ohio sports facility in comparison to any other sports
team that uses the sports facility on a regular basis.
Section 2. That existing sections 154.23, 307.673, 351.14,
351.26, and 3383.07 of the Revised Code are hereby repealed.
Section 3. This act shall apply only to television or radio
broadcast contracts that are entered into on or after the
effective date of this act.
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