Enact the Public Access to Professional Sports Act

As Introduced

136th
General Assembly

Regular
Session
S. B. No. 171

2025-2026

Senator DeMora

To
amend sections 123.28, 123.281, and 307.696 and to enact section
123.282 of the Revised Code
to
condition public funds for sports facilities on the sport franchise's
performance and other criteria, and to name this act the Public
Access to Professional Sports Act.

BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section
1.
That
sections 123.28, 123.281, and 307.696 be amended and section 123.282
of the Revised Code be enacted to read as follows:

Sec.
123.28.
As
used in this section and in section 123.281 of the Revised Code:

(A)
"Culture" means any of the following:

(1)
Visual, musical, dramatic, graphic, design, and other arts,
including, but not limited to, architecture, dance, literature,
motion pictures, music, painting, photography, sculpture, and
theater, and the provision of training or education in these arts;

(2)
The presentation or making available, in museums or other indoor or
outdoor facilities, of principles of science and their development,
use, or application in business, industry, or commerce or of the
history, heritage, development, presentation, and uses of the arts
described in division (A)(1) of this section and of transportation;

(3)
The preservation, presentation, or making available of features of
archaeological, architectural, environmental, or historical interest
or significance in a state historical facility or a local historical
facility.

(B)
"Cultural organization" means either of the following:

(1)
A governmental agency or Ohio nonprofit corporation, including the
Ohio history connection, that provides programs or activities in
areas directly concerned with culture;

(2)
A regional arts and cultural district as defined in section 3381.01
of the Revised Code.

(C)
"Cultural project" means all or any portion of an Ohio
cultural facility for which the general assembly has made an
appropriation or has specifically authorized the spending of money or
the making of rental payments relating to the financing of
construction.

(D)
"Cooperative use agreement" means a contract between the
Ohio facilities construction commission and a cultural organization
providing the terms and conditions of the cooperative use of an Ohio
cultural facility.

(E)
"Costs of operation" means amounts required to manage an
Ohio cultural facility that are incurred following the completion of
construction of its cultural project, provided that both of the
following apply:

(1)
Those amounts either:

(a)
Have been committed to a fund dedicated to that purpose;

(b)
Equal the principal of any endowment fund, the income from which is
dedicated to that purpose.

(2)
The commission and the cultural organization have executed an
agreement with respect to either of those funds.

(F)
"Governmental agency" means a state agency, a state
institution of higher education as defined in section 3345.12 of the
Revised Code, a municipal corporation, county, township, or school
district, a port authority created under Chapter 4582. of the Revised
Code, any other political subdivision or special district in this
state established by or pursuant to law, or any combination of these
entities; except where otherwise indicated, the United States or any
department, division, or agency of the United States, or any agency,
commission, or authority established pursuant to an interstate
compact or agreement.

(G)
"Local contributions" means the value of an asset provided
by or on behalf of a cultural organization from sources other than
the state, the value and nature of which shall be approved by the
Ohio facilities construction commission, in its sole discretion.
"Local contributions" may include the value of the site
where a cultural project is to be constructed. All "local
contributions," except a contribution attributable to such a
site, shall be for the costs of construction of a cultural project or
the creation or expansion of an endowment for the costs of operation
of a cultural facility.

(H)
"Local historical facility" means a site or facility, other
than a state historical facility, of archaeological, architectural,
environmental, or historical interest or significance, or a facility,
including a storage facility, appurtenant to the operations of such a
site or facility, that is owned by a cultural organization and is
used for or in connection with cultural activities, including the
presentation or making available of culture to the public.

(I)
"Manage," "operate," or "management"
means the provision of, or the exercise of control over the provision
of, activities:

(1)
Relating to culture for an Ohio cultural facility, including as
applicable, but not limited to, providing for displays, exhibitions,
specimens, and models; booking of artists, performances, or
presentations; scheduling; and hiring or contracting for directors,
curators, technical and scientific staff, ushers, stage managers, and
others directly related to the cultural activities in the facility;
but not including general building services;

(2)
Relating to sports and athletic events for an Ohio sports facility,
including as applicable, but not limited to, providing for booking of
athletes, teams, and events; scheduling; and hiring or contracting
for staff, ushers, managers, and others directly related to the
sports and athletic events in the facility; but not including general
building services.

(J)
"Ohio cultural facility" means any of the following:

(1)
The theaters located in the state office tower at 77 South High
street in Columbus;

(2)
Any cultural facility in this state that is managed directly by, or
is subject to a cooperative use or management agreement with, the
Ohio facilities construction commission.

(3)
A state historical facility or a local historical facility.

(K)
"Construction" includes acquisition, including acquisition
by lease-purchase, demolition, reconstruction, alteration,
renovation, remodeling, enlargement, improvement, site improvements,
and related equipping and furnishing.

(L)
"State historical facility" means a site or facility that
has all of the following characteristics:

(1)
It is created, supervised, operated, protected, maintained, and
promoted by the Ohio history connection pursuant to the Ohio history
connection's performance of public functions under sections 149.30
and 149.302 of the Revised Code.

(2)
Its title must reside wholly or in part with the state, the Ohio
history connection, or both the state and the Ohio history
connection.

(3)
It is managed directly by or is subject to a cooperative use or
management agreement with the Ohio facilities construction commission
and is used for or in connection with cultural activities, including
the presentation or making available of culture to the public.

(M)
"Ohio sports facility" means all or a portion of a stadium,
arena, tennis facility, motorsports complex, or other capital
facility in this state. A primary purpose of the facility shall be to
provide a site or venue for the presentation to the public of
motorsports events, professional tennis tournaments, or events of one
or more major or minor league professional athletic or sports teams
that are associated with the state or with a city or region of the
state. The facility shall be, in the case of a motorsports complex,
owned by the state or governmental agency, or in all other instances,
owned by or located on real property owned by the state or a
governmental agency, and includes all parking facilities, walkways,
and other auxiliary facilities, equipment, furnishings, and real and
personal property and interests and rights therein, that may be
appropriate for or used for or in connection with the facility or its
operation, for capital costs of which state funds are spent pursuant
to this section and section 123.281 of the Revised Code. A facility
constructed as an Ohio sports facility may be both an Ohio cultural
facility and an Ohio sports facility.

(N)
"Motorsports" means sporting events in which motor vehicles
are driven on a clearly demarcated tracked surface.

(O)
"Professional sports franchise" means a sports franchise
that is a member of the national football league, national hockey
league, major league baseball, major league soccer, or the national
basketball association, or a successor entity to one of these
entities.

Sec.
123.281.
(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 for construction services provided on behalf
of the state by a governmental agency or a cultural organization in
accordance with divisions (B) and (C) of this section.

(B)
In order for a governmental agency or a cultural organization to
provide construction services on behalf of the state for a cultural
project, other than a state historical facility, for which the
general assembly has made an appropriation or specifically authorized
the spending of money or the making of rental payments relating to
the financing of the construction, the governmental agency or
cultural organization shall submit to the Ohio facilities
construction commission a cooperative use agreement that includes,
but is not limited to, provisions that:

(1)
Specify how the proposed project will support culture;

(2)
Specify that the governmental agency or cultural organization has
local contributions amounting to not less than fifty per cent of the
total state funding for the cultural project;

(3)
Specify that the funds shall be used only for construction;

(4)
Identify the facility to be constructed, renovated, remodeled, or
improved;

(5)
Specify that the project scope meets the intent and purpose of the
project appropriation and that the project can be completed and ready
to support culture without exceeding appropriated funds;

(6)
Specify that the governmental agency or cultural organization shall
hold the Ohio facilities construction commission harmless from all
liability for the operation and maintenance costs of the facility;

(7)
Specify that the agreement or any actions taken under it are not
subject to Chapter 123. or 153. of the Revised Code, except for
sections 123.20, 123.201, 123.21, 123.28, 123.281, and 153.011 of the
Revised Code, and are subject to Chapter 4115. of the Revised Code;
and

(8)
Provide that amendments to the agreement shall require the approval
of the Ohio facilities construction commission.

(C)
In order for a cultural organization to provide construction services
on behalf of the state for a state historical facility for which the
general assembly has made an appropriation or specifically authorized
the spending of money or the making of rental payments relating to
the financing of the construction, the cultural organization shall
submit to the Ohio facilities construction commission a cooperative
use agreement that includes, but is not limited to, provisions that:

(1)
Specify how the proposed project will support culture;

(2)
Specify that the funds shall be used only for construction;

(3)
Specify that not more than three per cent of the funds may be used by
the cultural organization to administer the project;

(4)
Identify the facility to be constructed, renovated, remodeled, or
improved;

(5)
Specify that the project scope meets the intent and purpose of the
project appropriation and that the project can be completed and ready
to support culture without exceeding appropriated funds;

(6)
Specify that the cultural organization shall hold the Ohio facilities
construction commission harmless from all liability for the operation
and maintenance costs of the facility;

(7)
Specify that the agreement or any actions taken under it are not
subject to Chapter 123., 153., or 4115. of the Revised Code, except
for sections 123.20, 123.201, 123.21, 123.28, and 123.281 of the
Revised Code; and

(8)
Provide that amendments to the agreement shall require the approval
of the Ohio facilities construction commission.

(D)
For an Ohio sports facility that is financed in part by obligations
issued under 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. Any construction
services to be provided by a governmental agency or nonprofit
corporation shall be specified in a cooperative use agreement between
the Ohio facilities construction commission and the governmental
agency or nonprofit corporation. The agreement and any actions taken
under it are not subject to Chapter 123. or 153. of the Revised Code,
except for sections 123.20, 123.201, 123.21, 123.28, 123.281, and
153.011 of the Revised Code, and are subject to Chapter 4115. of the
Revised Code.

(E)
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 facilities construction commission has received a financial
and development plan satisfactory to it, and provision has been made,
by agreement or otherwise, satisfactory to the commission, for a
contribution amounting to not less than eighty-five per cent of the
total estimated construction cost of the facility, excluding any site
acquisition cost, from sources other than the state.

(2)
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.

(3)
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.

(F)
In addition to the requirements of division (E) 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 executive director of the Ohio
facilities construction 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.

(G)
In addition to the requirements of division (E) 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 Ohio
facilities construction 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.

(H)
In addition to the requirements of division (E) of this section, no
state funds, including any state bond proceeds, shall be spent on any
Ohio sports facility that would serve as the home site or venue for
the presentation of events of a professional sports franchise, unless
the professional sports franchise complies with section 123.282 of
the Revised Code.

Sec.
123.282.
(A)
No state funds, including any state bond proceeds, shall be spent on
any Ohio sports facility that would serve as the home site or venue
for the presentation of events of a professional sports franchise,
unless the professional sports franchise enters into an agreement
with the Ohio facilities construction commission that contains all of
the following provisions:

(1)
The professional sports franchise shall ensure that all regular
season and playoff games are viewable by the public through at least
one of the following mediums:

(a)
A television broadcast that may be received through standard
television antennae;

(b)
A basic cable service, which has the same meaning as in the "Cable
Communications Policy Act of 1984," 47 U.S.C. 522;

(c)
A freely accessible online platform operated by the franchise or
league that does not require a subscription fee or collect a
significant amount of personal data.

(2)
The professional sports franchise shall not enter into an exclusive
broadcasting agreement with a subscription-based streaming service
unless an option for free viewing access is also provided.

(3)
The professional sports franchise shall conduct community engagement
activities, which may include charitable contributions, youth
programs, and partnerships with local organizations.

(4)
The professional sports franchise shall submit an annual compliance
report to the Ohio facilities construction commission detailing all
of the following, which the commission shall make publicly accessible
on the commission's web site:

(a)
The total amount of state funds received, and how the funds have been
used;

(b)
The media by which games may be viewed or accessed by the public, and
the measures taken to provide this access;

(c)
Descriptions of any community engagement activities, including
charitable contributions, youth programs, and partnerships with local
organizations.

(5)
The professional sports franchise shall pay to the Ohio facilities
construction commission's cultural and sports facilities building
fund a penalty of up to two hundred fifty thousand dollars per
violation, as determined by the attorney general according to the
procedures of Chapter 119. of the Revised Code, if the franchise does
not comply with divisions (A)(1) or (2) of this section, and shall be
ineligible for further state funds for a period of five years if the
franchise is fined two or more times under this division.

(6)
If the professional sports franchise leaves the state before the
expiration of the franchise's lease term of a lease of an Ohio sports
facility that has received funding under this section, the franchise
shall reimburse the Ohio facilities construction commission to the
cultural and sports facilities building fund all state funds the
professional sports franchise received under this section, under a
mutually agreed upon payment plan between the state and the
professional sports franchise, and if no payment plan can be mutually
agreed upon, the parties shall apply for a decision by arbitration
under the procedures of Chapter 2711. of the Revised Code. When an
application is made, neither party shall initiate, and no court shall
permit the maintenance of, an action in court for decision of the
same issues sought to be determined in the arbitration application.
The award made by the arbitrator may include the costs of
arbitration. The arbitration shall be binding on all parties.

(B)(1)
Except as provided in division (B)(2) of this section, no state
funds, including any state bond proceeds, shall be spent on any Ohio
sports facility that would serve as the home site or venue for the
presentation of events of a professional sports franchise, unless, in
three out of the last five regular seasons, the professional sports
franchise has won at least half of its games, as determined by the
Ohio facilities construction commission.

(2)
State funds may be spent as described in division (B)(1) of this
section on a professional sports franchise that has been in existence
for less than five years if the professional sports franchise
demonstrates that, for at least two seasons, the professional sports
franchise has performed competitively, to the satisfaction of the
Ohio facilities construction commission. A professional sports
franchise has performed competitively if the franchise has sold
tickets to games, and has won games, of an amount roughly equal to
the median performance of other teams in the same league as the
professional sports franchise.

(3)
The Ohio facilities construction commission, in consultation with the
department of development, shall adopt rules under Chapter 119. of
the Revised Code to determine how to evaluate a professional sports
franchise's performance record under divisions (B)(1) and (2) of this
section.

(C)
A professional sports franchise that knowingly misrepresents or
attempts to misrepresent its performance record as described in
division (B) of this section shall be fined up to five hundred
thousand dollars, as determined by the attorney general according to
the procedures of Chapter 119. of the Revised Code, and may not
receive state funds for up five years from the date of violation.

(D)
The Ohio facilities construction commission shall report a violation
of divisions (A) or (C) of this section to the attorney general, and
the attorney general shall enforce these provisions.

Sec.
307.696.
(A)
As used in this section:

(1)
"County taxes" means taxes levied by the county pursuant to
sections 307.697, 4301.421, 5743.024, and 5743.323 of the Revised
Code.

(2)
"Corporation" means a nonprofit corporation that is
organized under the laws of this state for the purposes of operating
or constructing and operating a sports facility in the county and
that may also be organized under the laws of this state for the
additional purposes of conducting redevelopment and economic
development activities within the host municipal corporation.

(3)
"Sports facility" means a sports facility that is intended
to house major league professional athletic teams, including a
stadium, together with all parking facilities, walkways, and other
auxiliary facilities, real and personal property, property rights,
easements, and interests that may be appropriate for, or used in
connection with, the operation of the facility.

(4)
"Construction" includes, but is not limited to, providing
fixtures, furnishings, and equipment and providing for capital
repairs and improvements.

(5)
"Debt service charges" means the interest, principal,
premium, if any, carrying and redemption charges, and expenses on
bonds issued by either the county or the corporation to:

(a)
Construct a sports facility or provide for related redevelopment or
economic development as provided in this section;

(b)
Acquire real and personal property, property rights, easements, or
interests that may be appropriate for, or used in connection with,
the operation of the facility; and

(c)
Make site improvements to real property, including, but not limited
to, demolition, excavation, and installation of footers, pilings, and
foundations.

(6)
"Host municipal corporation" means the municipal
corporation within the boundaries of which the sports facility is
located, and with which a national football league, major league
baseball, or national basketball association sports franchise is
associated on March 20, 1990.

(B)

A

Subject
to division (H) of this section, a
board
of county commissioners of a county that levies a tax under section
307.697, 4301.421, or 5743.024 of the Revised Code may enter into an
agreement with a corporation operating in the county, and, if there
is a host municipal corporation all or a part of which is located in
the county, shall enter into an agreement with a corporation
operating in the county and the host municipal corporation, under
which:

(1)(a)
The corporation agrees to construct and operate a sports facility in
the county and to pledge and contribute all or any part of the
revenues derived from its operation, as specified in the agreement,
for the purposes described in division (C)(1) of this section; and

(b)
The board agrees to levy county taxes and pledge and contribute any
part or all of the revenues therefrom, as specified in the agreement,
for the purposes described in division (C)(1) of this section; or

(2)(a)
The corporation agrees to operate a sports facility constructed by
the county and to pledge and contribute all or any part of the
revenues derived from its operation, as specified in the agreement,
for the purposes described in division (C)(2) of this section; and

(b)
The board agrees to issue revenue bonds of the county, use the
proceeds from the sale of the bonds to construct a sports facility in
the county, and to levy county taxes and pledge and contribute all or
any part of the revenues therefrom, as specified in the agreement,
for the purposes described in division (C)(2) of this section; and,
if applicable

(3)
The host municipal corporation agrees to expend the unused pledges
and contributions and surplus revenues as described in divisions
(C)(1) and (2) of this section for redevelopment and economic
development purposes related to the sports facility.

(C)(1)
The primary purpose of the pledges and contributions described in
division (B)(1) of this section is payment of debt service charges.
To the extent the pledges and contributions are not used by the
county or corporation for payment of debt service charges, the county
or corporation, pursuant to the agreement provided for in division
(B) of this section, shall provide the unused pledges and
contributions, together with surplus revenues of the sports facility
not needed for debt service charges or the operation and maintenance
of the sports facility, to the host municipal corporation, or a
nonprofit corporation, which may be the corporation acting on behalf
of the host municipal corporation, for redevelopment and economic
development purposes related to the sports facility. If the county
taxes are also levied for the purpose of making permanent
improvements, the agreement shall include a schedule of annual
pledges and contributions by the county for the payment of debt
service charges. The county's pledge and contribution provided for in
the agreement shall be for the period stated in the agreement but not
to exceed twenty years. The agreement shall provide that any such
bonds and notes shall be secured by a trust agreement between the
corporation or other bond issuer and a corporate trustee that is a
trust company or bank having the powers of a trust company within or
without the state, and the trust agreement shall pledge or assign to
the retirement of the bonds or notes, all moneys paid by the county
for that purpose under this section. A county tax, all or any part of
the revenues from which are pledged under an agreement entered into
by a board of county commissioners under this section shall not be
subject to diminution by initiative or referendum, or diminution by
statute, unless provision is made therein for an adequate substitute
therefor reasonably satisfactory to the trustee under the trust
agreement that secures the bonds and notes.

(2)
The primary purpose of the pledges and contributions described in
division (B)(2) of this section is payment of debt service charges.
To the extent the pledges and contributions are not used by the
county for payment of debt service charges, the county or
corporation, pursuant to the agreement provided for in division (B)
of this section, shall provide the unused pledges and contributions,
together with surplus revenues of the sports facility not needed for
debt service charges or the operation and maintenance of the sports
facility, to the host municipal corporation, or a nonprofit
corporation, which may be the corporation, acting on behalf of the
host municipal corporation, for redevelopment and economic
development purposes related to the sports facility. The
corporation's pledge and contribution provided for in the agreement
shall be until all of the bonds issued for the construction of the
facility have been retired.

(D)
A pledge of money by a county under this section shall not be
indebtedness of the county for purposes of Chapter 133. of the
Revised Code.

(E)
If the terms of the agreement so provide, the board of county
commissioners may acquire, make site improvements to, including, but
not limited to, demolition, excavation, and installation of footers,
pilings, and foundations, and lease real property for the sports
facility to a corporation that constructs a sports facility under
division (B)(1) of this section. The agreement shall specify the
term, which shall not exceed thirty years and shall be on such terms
as are set forth in the agreement. The purchase, improvement, and
lease may be the subject of an agreement between the county and a
municipal corporation located within the county pursuant to section
153.61 or 307.15 of the Revised Code, and are not subject to the
limitations of sections 307.02 and 307.09 of the Revised Code.

(F)
The corporation shall not enter into any construction contract or
contract for the purchase of services for use in connection with the
construction of a sports facility prior to the corporation's adoption
and implementation of a policy on the set aside of contracts for
bidding by or award to minority business enterprises, as defined in
division (E)(1) of section 122.71 of the Revised Code. Sections
4115.03 to 4115.16 of the Revised Code apply to a sports facility
constructed under this section.

(G)
Not more than one-half of the total costs, including debt service
charges and cost of operation, of a project undertaken pursuant to an
agreement entered into under division (B) of this section shall be
paid from county taxes. Nothing in this section authorizes the use of
revenues from county taxes or proceeds from the sale of bonds issued
by the board of county commissioners for payment of costs of
operation of a sports facility.

(H)(1)
Except as described in division (H)(2) of this section, if the
corporation under division (B) of this section is a professional
sports franchise, as defined in section 123.28 of the Revised Code,
no county funds shall be spent on any Ohio sports facility that would
serve as the home site or venue for the presentation of events of a
professional sports franchise, unless, in three out of the last five
regular seasons, the professional sports franchise has won at least
half of its games, as determined by the board of county
commissioners, using the standards described in division (B)(3) of
section 123.282 of the Revised Code.

(2)
County funds may be spent as described in division (H)(1) of this
section on a professional sports franchise that has been in existence
for less than five years if the professional sports franchise
demonstrates that, for at least two regular seasons, the professional
sports franchise has performed competitively, to the satisfaction of
the board of county commissioners, using the standards described in
divisions (B)(2) and (3) of section 123.282 of the Revised Code.

(3)
The agreement between the board of county commissioners, the
professional sports franchise, and if applicable, the municipal
corporation shall contain the following terms and conditions:

(a)
The professional sports franchise shall ensure that all regular
season and playoff games are viewable by the public through at least
one of the following mediums:

(i)
A television broadcast that may be received through standard
television antennae;

(ii)
A basic cable service, which has the same meaning as in the "Cable
Communications Policy Act of 1984," 47 U.S.C. 522;

(iii)
A freely accessible online platform operated by the franchise or
league that does not require a subscription fee or collect a
significant amount of personal data.

(b)
The professional sports franchise shall not enter into an exclusive
broadcasting agreement with a subscription-based streaming service
unless an option for free viewing access is also provided.

(c)
The professional sports franchise shall allocate at least five per
cent of tickets for each home game to be sold at discounted rates to
residents of this state. Priority shall be given to low income
residents, students, and veterans. Such tickets shall be priced at no
more than fifty per cent of the average ticket price for that game
and shall be sold through a transparent process that ensures eligible
customers have fair access.

(d)
The professional sports franchise shall conduct community engagement
activities, which may include charitable contributions, youth
programs, and partnerships with local organizations.

(e)
The professional sports franchise shall submit an annual compliance
report to the board of county commissioners detailing all of the
following, which the board shall make publicly accessible on the
county's web site:

(i)
The total amount of county funds received, and how the funds have
been used;

(ii)
The media by which games may be viewed or accessed by the public, and
the measures taken to provide this access;

(iii)
The measures the franchise has taken to provide discounted tickets
under division (H)(3)(c) of this section;

(iv)
Descriptions of any community engagement activities, including
charitable contributions, youth programs, and partnerships with local
organizations.

(f)
The professional sports franchise shall pay to the county general
fund a penalty of up to two hundred fifty thousand dollars per
violation, as determined by the attorney general according to the
procedures of Chapter 119. of the Revised Code, if the franchise does
not comply with division (H)(3)(a), (b), or (c) of this section, and
shall be ineligible for further county funds for a period of five
years if the franchise is fined two or more times under this
division.

(g)
If the professional sports franchise leaves the state, the franchise
shall reimburse the county all county funds the professional sports
franchise received under this section, and shall reimburse to a
municipal corporation all municipal funds received from the municipal
corporation in connection with an Ohio sports facility, under a
mutually agreed upon payment plan between the county or municipal
corporation and the professional sports franchise, and if no payment
plan can be mutually agreed upon, the parties shall apply for a
decision by arbitration under the procedures of Chapter 2711. of the
Revised Code. When an application is made, neither party shall
initiate, and no court shall permit the maintenance of, an action in
court for decision of the same issues sought to be determined in the
arbitration application. The award made by the arbitrator may include
the costs of arbitration. The arbitration shall be binding on all
parties.

(I)
A professional sports franchise that knowingly misrepresents or
attempts to misrepresent its performance record as described in
division (H)(1) or (2) of this section shall be fined up to five
hundred thousand dollars, as determined by the attorney general
according to the procedures of Chapter 119. of the Revised Code, and
may not receive county funds for up five years from the date of
violation.

Section
2.
That
existing sections 123.28, 123.281, and 307.696 of the Revised Code
are hereby repealed.

Section
3.
This
Act shall be known as the Public Access to Professional Sports Act.

Section
4.
Sections
1, 2, and 3 of this act take effect one hundred eighty days after the
effective date of this section.

Section
5.
Section
123.28 of the Revised Code is presented in this act as a composite of
the section as amended by both H.B. 64 and H.B. 141 of the 131st
General Assembly. The General Assembly, applying the principle stated
in division (B) of section 1.52 of the Revised Code that amendments
are to be harmonized if reasonably capable of simultaneous operation,
finds that the composite is the resulting version of the section in
effect prior to the effective date of the section as presented in
this act.