Bill Text: OH HB599 | 2011-2012 | 129th General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced - Dead) 2012-10-18 - To State Government & Elections [HB599 Detail]

Download: Ohio-2011-HB599-Introduced.html

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As Introduced

129th General Assembly Regular Session 2011-2012

H. B. No. 599

Representative Hagan, R. 

Cosponsors: Representatives Foley, Antonio, Murray, Driehaus, Reece, Yuko 

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A BILL

To amend sections 154.23, 307.673, 351.14, 351.26,

1

and 3383.07 and to enact section 9.75 of the

2

Revised Code to prohibit a professional sports

3

team for whom a sports facility was constructed

4

using public funds from entering into a contract

5

that prohibits the broadcast of the sports team's

6

games based upon the number of tickets sold.

7

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	8
3383.07 be amended and section 9.75 of the Revised Code be enacted	9
to read as follows:	10

Sec. 9.75.  (A) As used in this section:

11

(1) "Owner" means any person that owns or operates a	12
professional sports team.	13

(2) "Political subdivision" has the same meaning as in	14
section 9.23 of the Revised Code.	15

(3) "Sports team" means a major or minor league professional	16
athletic or sports team.	17

(B) No sports team for whom a sports facility is or was	18
constructed in whole or in part using funds from a political	19
subdivision and that plays games in that sports facility on a	20
regular basis shall agree, either directly or pursuant to a league	21
or conference contract, to a provision in a contract that	22
prohibits the local television or radio broadcast of a game the	23
sports team plays in the sports facility based upon the number of	24
tickets sold for the game.	25

(C) The political subdivision that provides funding as	26
described in division (B) of this section and that believes that a	27
sports team has violated that division may bring an action against	28
the owner or institution affiliated with that sports team, as	29
applicable, in a court of competent jurisdiction. If the court	30
determines that the sports team has violated that division, the	31
owner or institution, as applicable, shall pay to the political	32
subdivision an amount equal to the amount of the public funding	33
described in that division expended for the construction of the	34
sports facility. If the sports facility was constructed on behalf	35
of more than one sports team, the owner or institution shall pay	36
an amount proportionate to the amount the sports team uses the	37
sports facility in comparison to any other sports team that uses	38
the sports facility on a regular basis.	39

Sec. 154.23.  (A) Subject to authorization by the general	40
assembly under section 154.02 of the Revised Code, the issuing	41
authority may issue obligations pursuant to this chapter to pay	42
costs of capital facilities for Ohio cultural facilities and Ohio	43
sports facilities.	44

(B) The Ohio public facilities commission may lease any	45
capital facilities for Ohio cultural facilities or Ohio sports	46
facilities to, and make or provide for other agreements with	47
respect to the use or purchase of such capital facilities with,	48
the Ohio cultural facilities commission and, with the Ohio	49
cultural facilities commission's approval, any governmental agency	50
having authority under law to operate such capital facilities. Any	51
lease or agreement shall be subject to Chapter 3383. of the	52
Revised Code.	53

(C) For purposes of this section, "available receipts" means	54
any revenues or receipts derived by the Ohio public facilities	55
commission from the operation, leasing, or other disposition of	56
capital facilities financed under this section, the proceeds of	57
obligations issued under this section and section 154.11 or 154.12	58
of the Revised Code, and also means any gifts, grants, donations,	59
and pledges, and receipts thereon, available for the payment of	60
bond service charges on obligations issued under this section. The	61
issuing authority may pledge all, or such portion as it	62
determines, of the available receipts to the payment of bond	63
service charges on obligations issued under this section and	64
section 154.11 or 154.12 of the Revised Code and for the	65
establishment and maintenance of any reserves, as provided in the	66
bond proceedings, and make other provisions therein with respect	67
to such available receipts as authorized by this chapter, which	68
provisions shall be controlling notwithstanding any other	69
provision of law pertaining thereto.	70

(D) There is hereby created one or more funds, as determined	71
by the issuing authority in the bond proceedings, designated as	72
the "Ohio cultural facilities commission bond service fund" with,	73
if more than one such fund, such further identifying name as the	74
issuing authority determines, which shall be in the custody of the	75
treasurer of state but shall be separate and apart from and not a	76
part of the state treasury. All money received by or on account of	77
the issuing authority or the Ohio cultural facilities commission	78
and required by the applicable bond proceedings to be deposited,	79
transferred, or credited to the Ohio cultural facilities	80
commission bond service fund, and all other money transferred or	81
allocated to or received for the purposes of that fund shall be	82
deposited with the treasurer of state and credited to the	83
applicable fund, subject to applicable provisions of the bond	84
proceedings, but without necessity of any act or appropriation.	85
The Ohio cultural facilities commission bond service funds are	86
trust funds and are hereby pledged to the payment of bond service	87
charges on the applicable obligations issued pursuant to this	88
section and section 154.11 or 154.12 of the Revised Code to the	89
extent provided in the applicable bond proceedings, and payment	90
thereof from such funds shall be made or provided for by the	91
treasurer of state in accordance with the applicable bond	92
proceedings without necessity for any act or appropriation.	93

(E) This section is to be applied with other applicable	94
provisions of this chapter.	95

(F)(1) As used in this division, "owner" and "sports team"	96
have the same meanings as in section 9.75 of the Revised Code.	97

(2) No sports team for whom an Ohio sports facility is or was	98
constructed in whole or in part using financing under this section	99
and that plays games in that Ohio sports facility on a regular	100
basis shall agree, either directly or pursuant to a league or	101
conference contract, to a provision in a contract that prohibits	102
the local television or radio broadcast of a game the sports team	103
plays in the Ohio sports facility based upon the number of tickets	104
sold for the game.	105

(3) If the issuing authority or commission believes that a	106
sports team has violated division (F)(2) of this section, the	107
issuing authority or commission may bring an action against the	108
owner of that sports team in a court of competent jurisdiction. If	109
the court determines that the sports team has violated that	110
division, the owner shall pay to the issuing authority or	111
commission an amount equal to the amount of public financing	112
expended under this section for the construction of the Ohio	113
sports facility. If the Ohio sports facility was constructed on	114
behalf of more than one sports team, the owner shall pay an amount	115
proportionate to the amount the sports team uses the Ohio sports	116
facility in comparison to any other sports team that uses the Ohio	117
sports facility on a regular basis.	118

Sec. 307.673.  This section applies only in a county in which	119
a tax is levied under section 307.697, 4301.421, 5743.024, or	120
5743.323 of the Revised Code on the effective date of this	121
amendmentJuly 19, 1995.	122

(A) As used in this section:

123

(1) "County taxes" means taxes levied by a board of county	124
commissioners under division (D) of section 307.697, division (B)	125
of section 4301.421, division (C) of section 5743.024, and section	126
5743.323 of the Revised Code.	127

(2) "Corporation" means a nonprofit corporation organized	128
under the laws of this state and that includes among the purposes	129
for which it is incorporated the authority to acquire, construct,	130
renovate, equip, lease, manage, or operate a sports facility.	131

(3) "Cooperative agreement" means an agreement entered into	132
pursuant to this section.	133

(4) "Cost of a sports facility" means the cost of acquiring,	134
constructing, renovating, equipping, or improving one or more	135
sports facilities, including reconstructing, rehabilitating,	136
remodeling, and enlarging; the cost of equipping and furnishing	137
such a facility; and all financing costs pertaining thereto,	138
including the cost of engineering, architectural, and other	139
professional services, designs, plans, specifications and surveys,	140
and estimates of costs; the costs of refinancing obligations	141
issued by, or reimbursement of money advanced by, the parties to	142
the cooperative agreement or other persons, the proceeds of which	143
obligations were used to pay the costs of the sports facility; the	144
cost of tests and inspections; the cost of any indemnity or surety	145
bonds and premiums on insurance, all related direct and	146
administrative costs pertaining thereto, fees and expenses of	147
trustees, depositories, and paying agents for the obligations,	148
capitalized interest on the obligations, amounts necessary to	149
establish reserves as required by the obligation proceedings, the	150
reimbursement of money advanced or applied by the parties to the	151
cooperative agreement or other persons for the payment of any item	152
of costs of the sports facility, and all other expenses necessary	153
or incident to planning or determining the feasibility or	154
practicability with respect to the sports facility; and any other	155
such expenses as may be necessary or incident to the acquisition,	156
construction, reconstruction, rehabilitation, remodeling,	157
renovation, enlargement, improvement, equipping, and furnishing of	158
the sports facility, the financing of the sports facility, placing	159
the sports facility in use and operation, including any one, part	160
of, or combination of such classes of costs and expenses.	161

(5) "Financing costs" has the same meaning as in section	162
133.01 of the Revised Code.	163

(6) "Obligations" means obligations issued or incurred to pay	164
the cost of a sports facility, including bonds, notes,	165
certificates of indebtedness, commercial paper, and other	166
instruments in writing, anticipatory securities as defined in	167
section 133.01 of the Revised Code, issued or incurred by an	168
issuer pursuant to Chapter 133. or 4582. of the Revised Code or	169
this section, or otherwise, to evidence the issuer's obligation to	170
repay borrowed money, or to pay interest, by, or to pay at any	171
future time other money obligations of, the issuer of the	172
obligations, including obligations of an issuer or lessee to make	173
payments under an installment sale, lease, lease-purchase, or	174
similar agreement.	175

(7) "Owner" means any person that owns or operates a	176
professional athletic or sports team, that is party to a	177
cooperative agreement, or that has a lease or other agreement with	178
a party to a cooperative agreement, and that commits to use the	179
sports facility that is the subject of the cooperative agreement	180
for all of the team's home games for the period specified in that	181
agreement.	182

(8) "Payments," when used with reference to obligations,	183
means payments of the principal, including any mandatory sinking	184
fund deposits and mandatory redemption payments, interest and any	185
redemption premium, and lease rentals, lease-purchase payments and	186
other amounts payable under obligations in the form of installment	187
sale, lease, lease-purchase, or similar agreements.	188

(9) "Person" has the same meaning as defined in section	189
133.01 of the Revised Code.	190

(10) "Port authority" means a port authority created under	191
Chapter 4582. of the Revised Code.	192

(11) "Sports facility" means a facility, including a stadium,	193
that is intended to house or provide a site for one or more major	194
league professional athletic or sports teams or activities,	195
together with all spectator facilities, parking facilities,	196
walkways, and auxiliary facilities, real and personal property,	197
property rights, easements, leasehold estates, and interests that	198
may be appropriate for, or used in connection with, the operation	199
of the sports facility.	200

(B) The board of county commissioners of a county, the	201
legislative authority of a municipal corporation, a port	202
authority, a corporation, and an owner, or any combination	203
thereof, may enter into one or more cooperative agreements under	204
which the parties enter into one or more of the agreements	205
described in divisions (B)(1) to (5) of this section.	206

(1) The board of county commissioners agrees to do one or	207
more of the following:	208

(a) Levy a tax under division (D) of section 307.697,	209
division (B) of section 4301.421, division (C) of section	210
5743.024, and section 5743.323 of the Revised Code and make	211
available all or a portion of the revenue from those taxes for the	212
payment of the cost of the sports facility or to make payments on	213
obligations;	214

(b) Issue or incur obligations of the county pursuant to	215
Chapter 133. of the Revised Code or this section;	216

(c) Make available all or a portion of the revenue from those	217
taxes or of the proceeds from the issuance of those obligations to	218
the municipal corporation, port authority, corporation, or	219
otherwise for the payment of the cost of a sports facility or the	220
payment of obligations;	221

(d) Acquire, construct, renovate, equip, lease to or from	222
another person, and operate, directly or by a lease or management	223
contract with another person, one or more sports facilities;	224

(e) To the extent provided in the cooperative agreement or a	225
lease with respect to a sports facility, authorize the municipal	226
corporation, port authority, corporation, or owner to administer	227
contracts for designing, planning, acquiring, constructing,	228
renovating, or equipping a sports facility.	229

(2) The port authority agrees to do one or more of the	230
following:	231

(a) Issue or incur obligations of the port authority pursuant	232
to Chapter 133. or 4582. of the Revised Code or this section;	233

(b) Make available all or a portion of the proceeds from the	234
issuance of those obligations to the municipal corporation,	235
county, or corporation for the payment of the cost of a sports	236
facility or the payment of obligations;	237

(c) Acquire, construct, renovate, equip, lease to or from	238
another person, and operate, directly or by a lease or management	239
contract with another person, one or more sports facilities;	240

(d) To the extent provided in the cooperative agreement or a	241
lease with respect to a sports facility, authorize the municipal	242
corporation, county, corporation, or owner to administer contracts	243
for designing, planning, acquiring, constructing, renovating, or	244
equipping a sports facility.	245

(3) The legislative authority of the municipal corporation	246
agrees to do one or more of the following:	247

(a) Make available the revenue from taxes levied by the	248
legislative authority for the payment of the cost of a sports	249
facility or to make payments on obligations;	250

(b) Issue or incur obligations of the municipal corporation	251
pursuant to Chapter 133. of the Revised Code or otherwise;	252

(c) Make available all or a portion of the proceeds from the	253
issuance of those obligations to the county, port authority,	254
corporation, or otherwise for the payment of the cost of a sports	255
facility or the payment of obligations;	256

(d) Acquire, construct, renovate, equip, lease to or from	257
another person, and operate, directly or by a lease or management	258
contract with another person, one or more sports facilities;	259

(e) To the extent provided in the cooperative agreement or a	260
lease with respect to a sports facility, authorize the county,	261
port authority, corporation, or owner to administer contracts for	262
designing, planning, acquiring, constructing, renovating, or	263
equipping a sports facility.	264

(4) The corporation agrees to do one or more of the	265
following:	266

(a) Issue or incur obligations;

267

(b) Make available all or a portion of the proceeds from the	268
issuance of those obligations to the county, port authority,	269
municipal corporation, or otherwise for the payment of the cost of	270
a sports facility or the payment of obligations;	271

(c) Acquire, construct, renovate, equip, lease to or from	272
another person, and operate, directly or by a lease or management	273
contract with another person, one or more sports facilities;	274

(d) To the extent provided in the cooperative agreement or a	275
lease with respect to a sports facility, agree that the	276
corporation will administer contracts for designing, planning,	277
acquiring, constructing, renovating, or equipping a sports	278
facility.	279

(5) The owner agrees to do one or more of the following:

280

(a) Use the sports facility that is the subject of the	281
cooperative agreement for all of the home games of the owner's	282
professional athletic or sports team for a specified period;	283

(b) Administer contracts for designing, planning, acquiring,	284
constructing, renovating, or equipping a sports facility.	285

(C) Any obligations may be secured by a trust agreement	286
between the issuer of obligations and a corporate trustee that is	287
a trust company or bank having the powers of a trust company in or	288
outside this state and authorized to exercise corporate trust	289
powers in this state. Proceeds from the issuance of any	290
obligations or the taxes levied and collected by any party to the	291
cooperative agreement may be deposited with and administered by a	292
trustee pursuant to the trust agreement.	293

(D) Any contract for the acquisition, construction,	294
renovation, or equipping of a sports facility entered into,	295
assigned, or assumed under this section shall provide that all	296
laborers and mechanics employed in the acquisition, construction,	297
renovation, or equipping of the sports facility shall be paid at	298
the prevailing rates of wages of laborers and mechanics for the	299
class of work called for, as those wages are determined in	300
accordance with Chapter 4115. of the Revised Code.	301

(E)(1) No sports team for whom a sports facility was	302
constructed in whole or in part using financing through a	303
cooperative agreement entered into under this section shall agree,	304
either directly or pursuant to a league or conference contract, to	305
a provision in a contract that prohibits the local television or	306
radio broadcast of a game the sports team plays in the sports	307
facility based upon the number of tickets sold for the game.	308

(2) A county, port authority, or municipal corporation that	309
entered into a cooperative agreement with an owner under division	310
(B) of this section and that believes that a sports team has	311
violated division (E)(1) of this section may bring an action	312
against the owner in a court of competent jurisdiction. If the	313
court determines that the sports team has violated that division,	314
the owner shall pay to the county, port authority, or municipal	315
corporation an amount equal to the amount of financing expended	316
pursuant to the cooperative agreement for the construction of the	317
sports facility. If the sports facility was constructed on behalf	318
of more than one sports team, the owner shall pay an amount	319
proportionate to the amount the sports team uses the sports	320
facility in comparison to any other sports team that uses the	321
sports facility on a regular basis. The county, port authority, or	322
municipal corporation shall divide the amount the county, port	323
authority, or municipal corporation receives from the owner under	324
division (E)(2) of this section among themselves based upon the	325
amount of financing the county, port authority, or municipal	326
corporation provided.	327

Sec. 351.14. (A) A convention facilities authority may at any	328
time issue revenue bonds and notes in such principal amount as, in	329
the opinion of the authority, are necessary for the purpose of	330
paying the cost of one or more facilities or parts thereof. An	331
authority may at any time issue renewal notes, issue bonds to pay	332
such notes and, whenever it deems refunding expedient, refund any	333
bonds by the issuance of convention facilities authority revenue	334
refunding bonds whether the bonds to be refunded have or have not	335
matured, and issue bonds partly to refund bonds then outstanding,	336
and partly for any other authorized purpose. The refunding bonds	337
shall be sold and the proceeds applied to the purchase,	338
redemption, or payment of the bonds to be refunded. Except as may	339
otherwise be expressly provided by the authority, every issue of	340
its bonds or notes shall be general obligations of the authority	341
payable out of the authority's revenues that are pledged for such	342
payment, without preference or priority of the first bonds issued,	343
subject only to any agreements with the holders of particular	344
bonds or notes pledging any particular revenues. Such pledge shall	345
be valid and binding from the time the pledge is made, and the	346
revenues so pledged and thereafter received by the authority shall	347
immediately be subject to the lien of such pledge without any	348
physical delivery thereof or further act. The lien of any such	349
pledge is valid and binding as against all parties having claims	350
of any kind in tort, contract, or otherwise against the authority,	351
irrespective of whether such parties have notice thereof. Neither	352
the resolution nor any trust agreement by which a pledge is	353
created need be filed or recorded except in the authority's	354
records.	355

(B) Whether or not the bonds or notes are of such form and	356
character as to be negotiable instruments, the bonds or notes	357
shall have all the qualities and incidents of negotiable	358
instruments, subject only to the provisions of the bonds or notes	359
for registration.	360

(C) The bonds and notes shall be authorized by resolution of	361
the authority, shall bear such date or dates, and shall mature at	362
such time or times, in the case of any such note or any renewals	363
thereof not exceeding twenty years from the date of issue of such	364
original note and in the case of any such bond or any refunding	365
bonds not exceeding forty years from the date of issue, and shall	366
be executed in such manner as such resolution may provide. The	367
bonds and notes shall bear interest at such rate or rates, be in	368
such denominations, be in such form, either coupon or registered,	369
carry such registration privileges, be payable in such medium of	370
payment, at such place or places, and be subject to such terms of	371
redemption as the authority may authorize. Bonds and notes of the	372
authority may be sold by the authority, at public or private sale,	373
at or at not less than such price or prices as the authority	374
determines. In case any officer whose signature or a facsimile of	375
whose signature, appears on any bonds, notes, or coupons ceases to	376
be such officer before delivery of bonds or notes, such signature	377
or facsimile shall nevertheless be sufficient for all purposes as	378
if hethe officer had remained in office until such delivery, and	379
in case the seal of the authority has been changed after a	380
facsimile has been imprinted on such bonds or notes, such	381
facsimile seal will continue to be sufficient for all purposes.	382

(D) Any resolution or resolutions authorizing any bonds or	383
notes or any issue thereof may contain provisions, subject to such	384
agreements with bondholders or noteholders as may then exist,	385
which provisions shall be a part of the contract with the holders	386
thereof, as to: the pledging of any or all of the authority's	387
revenues to secure the payment of the bonds or notes or of any	388
issue thereof; the use and disposition of revenues of the	389
convention facilities authority; a covenant to fix, alter, and	390
collect rentals and other charges so that pledged revenues will be	391
sufficient to pay costs of operation, maintenance, and repairs,	392
pay principal of and interest on bonds or notes secured by the	393
pledge of such revenues, and provide such reserves as may be	394
required by the applicable resolution or trust agreement; the	395
setting aside of reserve funds, sinking funds, or replacement and	396
improvement funds and the regulation and disposition thereof; the	397
crediting of the proceeds of the sale of bonds or notes to and	398
among the funds referred to or provided for in the resolution	399
authorizing the issuance of the bonds or notes; the use, lease,	400
sale, or other disposition of any recreational facility or any	401
other assets of the authority; limitations on the purpose to which	402
the proceeds of sale of bonds or notes may be applied and the	403
pledging of such proceeds to secure the payment of the bonds or	404
notes or of any issue thereof; as to notes issued in anticipation	405
of the issuance of bonds, the agreement of the authority to do all	406
things necessary for the authorization, issuance, and sale of such	407
bonds in such amounts as may be necessary for the timely	408
retirement of such notes; limitations on the issuance of	409
additional bonds or notes; the terms upon which additional bonds	410
or notes may be issued and secured; the refunding of outstanding	411
bonds or notes; the procedure, if any, by which the terms of any	412
contract with bondholders or noteholders may be amended or	413
abrogated, the amount of bonds or notes the holders of which must	414
consent thereto, and the manner in which such consent may be	415
given; limitations on the amount of moneys to be expended by the	416
authority for operating, administrative, or other expenses of the	417
authority; securing any bonds or notes by a trust agreement in	418
accordance with section 351.16 of the Revised Code; any other	419
matters, of like or different character, that in any way affect	420
the security or protection of the bonds or notes.	421

(E) Neither the members of the authority's board of directors	422
nor any person executing the bonds or notes shall be liable	423
personally on the bonds or notes or be subject to any personal	424
liability or accountability by reason of the issuance thereof.	425

(F)(1) As used in this division, "owner" and "sports team"	426
have the same meanings as in section 9.75 of the Revised Code.	427

(2) No sports team for whom a sports facility is or was	428
constructed in whole or in part using financing provided under	429
this section and that plays games in that sports facility on a	430
regular basis shall agree, either directly or pursuant to a league	431
or conference contract, to a provision in a contract that	432
prohibits the local television or radio broadcast of a game the	433
sports team plays in the sports facility based upon the number of	434
tickets sold for the game.	435

(3) The authority that provided financing under this section	436
for a sports facility and that believes that a sports team has	437
violated division (F)(2) of this section may bring an action	438
against the owner of that sports team in a court of competent	439
jurisdiction. If the court determines that the sports team has	440
violated that division, the owner shall pay to the authority an	441
amount equal to the amount of financing expended under this	442
section for the construction of the sports facility. If the sports	443
facility was constructed on behalf of more than one sports team,	444
the owner shall pay an amount proportionate to the amount the	445
sports team uses the sports facility in comparison to any other	446
sports team that uses the sports facility on a regular basis.	447

Sec. 351.26.  (A) The board of directors of a convention	448
facilities authority may adopt a resolution requesting the board	449
of county commissioners of the county in which the convention	450
facilities authority has its territory to propose the question of	451
a tax to be levied pursuant to this section and section 4301.424	452
or sections 5743.026 and 5743.324 of the Revised Code for the	453
purpose of construction or renovation of a sports facility. The	454
board of directors shall certify a copy of the resolution to the	455
board of county commissioners not later than one hundred five days	456
prior to the day of the election at which the board of directors	457
requests the board of county commissioners to submit the question	458
of the tax. The resolution shall state the rate at which the tax	459
would be levied, the purpose for which the tax would be levied,	460
the number of years the tax would be levied, the section of the	461
Revised Code under which the tax would be levied, and the date of	462
the election at which the board of directors requests the board of	463
county commissioners to submit the question of the tax, all of	464
which are subject to the limitations of this section and section	465
4301.424 or sections 5743.026 and 5743.324 of the Revised Code.	466

Upon receiving a copy of such a resolution from the board of	467
directors, the board of county commissioners shall adopt a	468
resolution either approving or rejecting the proposal, and certify	469
a copy of its resolution to the board of directors. If the board	470
of county commissioners approves the proposal, the board of county	471
commissioners shall propose the question of levying a tax pursuant	472
to section 4301.424 of the Revised Code or pursuant to sections	473
5743.026 and 5743.324 of the Revised Code, as specified in the	474
board of directors' resolution, for the purpose of construction or	475
renovation of a sports facility.	476

(B) The form of the ballot in an election held on the	477
question of levying a tax proposed pursuant to section 4301.424 or	478
5743.026 of the Revised Code shall be as follows or in any other	479
form acceptable to the secretary of state:	480

"For the purpose of paying the costs of ..........	481
(constructing or renovating) a sports facility, shall (an) excise	482
tax(es) be levied by the .......... county for the convention	483
facilities authority of .......... county at the rate of ......	484
(dollars on each gallon of spirituous liquor sold in the county by	485
the Ohio division of liquor control, cents per gallon on the sale	486
of beer at wholesale in the county, cents per gallon on the sale	487
of wine and mixed beverages at wholesale in the county, or mills	488
per cigarette on the sale of cigarettes at wholesale in the	489
county), for ...... years?	490

491

		Yes			492
		No	"		493

494

For an election in which questions under section 4301.424 or	495
5743.026 of the Revised Code are joined as a single question, the	496
form of the ballot shall be as above, except each of the proposed	497
taxes shall be listed.	498

(C) No tax shall be levied under this section on or after	499
September 23, 2008. This division does not prevent the collection	500
of any tax levied under this section before that date so long as	501
that tax remains effective.	502

(D)(1) As used in this division, "owner" and "sports team"	503
have the same meanings as in section 9.75 of the Revised Code.	504

(2) No sports team for whom a sports facility was constructed	505
in whole or in part using financing provided under this section	506
and that plays games in that sports facility on a regular basis	507
shall agree, either directly or pursuant to a league or conference	508
contract, to a provision in a contract that prohibits the local	509
television or radio broadcast of a game the sports team plays in	510
the sports facility based upon the number of tickets sold for the	511
game.	512

(3) The authority that provided financing under this section	513
for a sports facility and that believes that a sports team has	514
violated division (D)(2) of this section may bring an action	515
against the owner of that sports team in a court of competent	516
jurisdiction. If the court determines that the sports team has	517
violated that division, the owner shall pay to the authority an	518
amount equal to the amount of financing expended under this	519
section for the construction of the sports facility. If the sports	520
facility was constructed on behalf of more than one sports team,	521
the owner shall pay an amount proportionate to the amount the	522
sports team uses the sports facility in comparison to any other	523
sports team that uses the sports facility on a regular basis.	524

Sec. 3383.07.  (A) The Ohio facilities construction	525
commission shall provide for the construction of a cultural	526
project in conformity with Chapter 153. of the Revised Code,	527
except as follows:	528

(1) For a cultural project other than a state historical	529
facility, construction services may be provided on behalf of the	530
state by the Ohio cultural facilities commission, or by a	531
governmental agency or a cultural organization that occupies, will	532
occupy, or is responsible for the Ohio cultural facility, as	533
determined by the Ohio cultural facilities commission. For a	534
project receiving a state appropriation of fifty thousand dollars	535
or less, the Ohio cultural facilities commission may delegate to	536
its executive director the authority to approve the provision of	537
construction services by such an agency or organization, but not	538
the authority to disapprove that provision. Construction services	539
to be provided by a governmental agency or a cultural organization	540
shall be specified in an agreement between the Ohio cultural	541
facilities commission and the governmental agency or cultural	542
organization. The agreement, or any actions taken under it, are	543
not subject to Chapter 123. or 153. of the Revised Code, except	544
for sections 123.081 and 153.011 of the Revised Code, and shall be	545
subject to Chapter 4115. of the Revised Code.	546

(2) For a cultural project that is a state historical	547
facility, construction services may be provided by the Ohio	548
cultural facilities commission or by a cultural organization that	549
occupies, will occupy, or is responsible for the facility, as	550
determined by the Ohio cultural facilities commission. For a	551
facility receiving a state appropriation of fifty thousand dollars	552
or less, the Ohio cultural facilities commission may delegate to	553
its executive director the authority to approve the provision of	554
construction services by such an organization, but not the	555
authority to disapprove that provision. The construction services	556
to be provided by the cultural organization shall be specified in	557
an agreement between the Ohio cultural facilities commission and	558
the cultural organization. That agreement, and any actions taken	559
under it, are not subject to Chapter 123., 153., or 4115. of the	560
Revised Code.	561

(B) For an Ohio sports facility that is financed in part by	562
obligations issued pursuant to Chapter 154. of the Revised Code,	563
construction services shall be provided on behalf of the state by	564
or at the direction of the governmental agency or nonprofit	565
corporation that will own or be responsible for the management of	566
the facility, all as determined by the Ohio cultural facilities	567
commission. For a facility receiving a state appropriation of	568
fifty thousand dollars or less, the Ohio cultural facilities	569
commission may delegate to its executive director the authority to	570
approve the provision of construction services by or at the	571
direction of the agency or corporation, but not the authority to	572
disapprove that provision. Any construction services to be	573
provided by a governmental agency or nonprofit corporation shall	574
be specified in an agreement between the Ohio cultural facilities	575
commission and the governmental agency or nonprofit corporation.	576
That agreement, and any actions taken under it, are not subject to	577
Chapter 123. or 153. of the Revised Code, except for sections	578
123.081 and 153.011 of the Revised Code, and shall be subject to	579
Chapter 4115. of the Revised Code.	580

(C) General building services for an Ohio cultural facility	581
shall be provided by the Ohio cultural facilities commission or by	582
a cultural organization that occupies, will occupy, or is	583
responsible for the facility, as determined by the Ohio cultural	584
facilities commission. For a facility receiving a state	585
appropriation of fifty thousand dollars or less, the Ohio cultural	586
facilities commission may delegate to its executive director the	587
authority to approve the provision of general building services by	588
such an organization, but not the authority to disapprove that	589
provision. Alternatively, the Ohio building authority may elect to	590
provide those services for Ohio cultural facilities financed with	591
proceeds of state bonds issued by the authority. The costs of	592
management and general building services shall be paid by the	593
cultural organization that occupies, will occupy, or is	594
responsible for the facility as provided in an agreement between	595
the Ohio cultural facilities commission and the cultural	596
organization, except that the state may pay for general building	597
services for state-owned cultural facilities constructed on	598
state-owned land.	599

General building services for an Ohio sports facility shall	600
be provided by or at the direction of the governmental agency or	601
nonprofit corporation that will be responsible for the management	602
of the facility, all as determined by the Ohio cultural facilities	603
commission. For a facility receiving a state appropriation of	604
fifty thousand dollars or less, the Ohio cultural facilities	605
commission may delegate to its executive director the authority to	606
approve the provision of general building services by or at the	607
direction of the agency or corporation, but not the authority to	608
disapprove that provision. Any general building services to be	609
provided by a governmental agency or nonprofit corporation for an	610
Ohio sports facility shall be specified in an agreement between	611
the Ohio cultural facilities commission and the governmental	612
agency or nonprofit corporation. That agreement, and any actions	613
taken under it, are not subject to Chapter 123. or 153. of the	614
Revised Code, except for sections 123.081 and 153.011 of the	615
Revised Code, and shall be subject to Chapter 4115. of the Revised	616
Code.	617

(D) This division does not apply to a state historical	618
facility. No state funds, including any state bond proceeds, shall	619
be spent on the construction of any cultural project under this	620
chapter unless, with respect to the cultural project and to the	621
Ohio cultural facility related to the project, all of the	622
following apply:	623

(1) The Ohio cultural facilities commission has determined	624
that there is a need for the cultural project and the Ohio	625
cultural facility related to the project in the region of the	626
state in which the Ohio cultural facility is located or for which	627
the facility is proposed. For a project receiving a state	628
appropriation of fifty thousand dollars or less, the Ohio cultural	629
facilities commission may delegate to its executive director the	630
authority to determine need but only in the affirmative.	631

(2) The Ohio cultural facilities commission has determined	632
that, as an indication of substantial regional support for the	633
cultural project, the cultural organization has made provision	634
satisfactory to the Ohio cultural facilities commission, in its	635
sole discretion, for local contributions amounting to not less	636
than fifty per cent of the total state funding for the cultural	637
project. For a project receiving a state appropriation of fifty	638
thousand dollars or less, the Ohio cultural facilities commission	639
may delegate to its executive director the authority to determine	640
the adequacy of the regional support but only in the affirmative.	641

(3) The general assembly has specifically authorized the	642
spending of money on, or made an appropriation for, the	643
construction of the cultural project, or for rental payments	644
relating to the financing of the construction of the cultural	645
project. Authorization to spend money, or an appropriation, for	646
planning the cultural project does not constitute authorization to	647
spend money on, or an appropriation for, construction of the	648
cultural project.	649

(E) No state funds, including any state bond proceeds, shall	650
be spent on the construction of any state historical facility	651
under this chapter unless the general assembly has specifically	652
authorized the spending of money on, or made an appropriation for,	653
the construction of the state historical project related to the	654
facility, or for rental payments relating to the financing of the	655
construction of the state historical project. Authorization to	656
spend money, or an appropriation, for planning the state	657
historical project does not constitute authorization to spend	658
money on, or an appropriation for, the construction of the state	659
historical project.	660

(F) State funds shall not be used to pay or reimburse more	661
than fifteen per cent of the initial estimated construction cost	662
of an Ohio sports facility, excluding any site acquisition cost,	663
and no state funds, including any state bond proceeds, shall be	664
spent on any Ohio sports facility under this chapter unless, with	665
respect to that facility, all of the following apply:	666

(1) The Ohio cultural facilities commission has determined	667
that there is a need for the facility in the region of the state	668
for which the facility is proposed to provide the function of an	669
Ohio sports facility as provided for in this chapter. For a	670
facility receiving a state appropriation of fifty thousand dollars	671
or less, the Ohio cultural facilities commission may delegate to	672
its executive director the authority to determine need but only in	673
the affirmative.	674

(2) As an indication of substantial local support for the	675
facility, the Ohio cultural facilities commission has received a	676
financial and development plan satisfactory to it, and provision	677
has been made, by agreement or otherwise, satisfactory to the Ohio	678
cultural facilities commission, for a contribution amounting to	679
not less than eighty-five per cent of the total estimated	680
construction cost of the facility, excluding any site acquisition	681
cost, from sources other than the state. For a facility receiving	682
a state appropriation of fifty thousand dollars or less, the Ohio	683
cultural facilities commission may delegate to its executive	684
director the authority to evaluate the financial and development	685
plan and the contribution and to determine their adequacy but only	686
in the affirmative.	687

(3) The general assembly has specifically authorized the	688
spending of money on, or made an appropriation for, the	689
construction of the facility, or for rental payments relating to	690
state financing of all or a portion of the costs of constructing	691
the facility. Authorization to spend money, or an appropriation,	692
for planning or determining the feasibility of or need for the	693
facility does not constitute authorization to spend money on, or	694
an appropriation for, costs of constructing the facility.	695

(4) If state bond proceeds are being used for the Ohio sports	696
facility, the state or a governmental agency owns or has	697
sufficient property interests in the facility or in the site of	698
the facility or in the portion or portions of the facility	699
financed from proceeds of state bonds, which may include, but is	700
not limited to, the right to use or to require the use of the	701
facility for the presentation of sport and athletic events to the	702
public at the facility.	703

(G) In addition to the requirements of division (F) of this	704
section, no state funds, including any state bond proceeds, shall	705
be spent on any Ohio sports facility that is a motorsports	706
complex, unless, with respect to that facility, both of the	707
following apply:	708

(1) Motorsports events shall be presented at the facility	709
pursuant to a lease entered into with the owner of the facility.	710
The term of the lease shall be for a period of not less than the	711
greater of the useful life of the portion of the facility financed	712
from proceeds of state bonds as determined using the guidelines	713
for maximum maturities as provided under divisions (B) and (C) of	714
section 133.20 of the Revised Code, or the period of time	715
remaining to the date of payment or provision for payment of	716
outstanding state bonds allocable to costs of the facility, all as	717
determined by the director of budget and management and certified	718
by the director to the Ohio cultural facilities commission and to	719
the treasurer of state.	720

(2) Any motorsports organization that commits to using the	721
facility for an established period of time shall give the	722
political subdivision in which the facility is located not less	723
than six months' advance notice if the organization intends to	724
cease utilizing the facility prior to the expiration of that	725
established period. Such a motorsports organization shall be	726
liable to the state for any state funds used on the construction	727
costs of the facility.	728

(H) In addition to the requirements of division (F) of this	729
section, no state bond proceeds shall be spent on any Ohio sports	730
facility that is a tennis facility, unless the owner or manager of	731
the facility provides contractual commitments from a national or	732
international professional tennis organization in a form	733
acceptable to the cultural facilities commission that assures that	734
one or more sanctioned professional tennis events will be	735
presented at the facility during each year that the bonds remain	736
outstanding.	737

(I)(1) As used in this division, "owner" and "sports team"	738
have the same meanings as in section 9.75 of the Revised Code.	739

(2) No sports team for whom an Ohio sports facility is or was	740
constructed in whole or in part using state funds and that plays	741
games in that Ohio sports facility on a regular basis shall agree,	742
either directly or pursuant to a league or conference contract, to	743
a provision in a contract that prohibits the local television or	744
radio broadcast of a game the sports team plays in the Ohio sports	745
facility based upon the number of tickets sold for the game.	746

(3) If the state agency that provides the state funds	747
described in division (I)(2) of this section believes that a	748
sports team has violated that division, the state agency may bring	749
an action against the owner in a court of competent jurisdiction.	750
If the court determines that the sports team has violated that	751
division, the owner shall pay to the state agency an amount equal	752
to the amount of state funds expended for the construction of the	753
Ohio sports facility. If the Ohio sports facility was constructed	754
on behalf of more than one sports team, the owner or institution	755
shall pay an amount proportionate to the amount the sports team	756
uses the Ohio sports facility in comparison to any other sports	757
team that uses the sports facility on a regular basis.	758

Section 2. That existing sections 154.23, 307.673, 351.14,	759
351.26, and 3383.07 of the Revised Code are hereby repealed.	760

Section 3. This act shall apply only to television or radio	761
broadcast contracts that are entered into on or after the	762
effective date of this act.	763