Ohio’s Statehouse News Bureau has obtained the draft legislation that would provide $600 million worth of state tax dollars to Cleveland Browns owners Jimmy and Dee Haslam for construction of a new stadium, as well as potentially more money to other teams such as the Cincinnati Bengals, and an initial read reveals some interesting details:
- The proposed state budget amendment would allow the state legislature to redirect all state taxes “attributable to the professional sports franchise,” after first subtracting out how much in state taxes were paid by the sports facility district in the year prior to the first year of a team’s lease. This would include taxes levied under chapters 5739, 5741, 5747, and 5751 of the state code, which are sales tax, use tax, storage tax, income tax, and commercial activity tax.
- The district is defined as “the geographic area encompassing the land upon which the 19 transformational major sports facility mixed-use project is located,” with no apparent limit on the size of the area within which taxes will be kicked back.
- The money would be available to any “transformational major sports facility mixed-use project,” which would be defined as any project that 1) includes a “major sports facility,” 2) includes any size of mixed-use development, and 3) “is expected to generate increased state tax revenues.”
This is, in technical budget terms, some damn sweeping legislation. By allowing the state to create stadium and arena districts of any size where all new sales, income, and other tax revenues are kicked back to the team to pay construction costs, the bill would effectively prioritize projects on otherwise vacant land — or at least land that can be made vacant by the year before the stadium lease starts. And there’s no provision for determining whether the “new” tax revenue in a stadium district would be new to the state as a whole — meaning Ohioans could end up paying a team to move its economic activities from one part of the state to another, then 20 years later paying them again to move it back.
There have been plenty of sports projects in the past funded by tax increment financing, or TIF, projects, which usually just mean kicking back increased property taxes; occasionally, other taxes are rolled in too, creating the less common mega-TIF. This legislation ups the ante even further, and really deserves a new name: “Omni-TIF” has a nice ring to it. The state legislature will be debating what’s in the final budget until next Tuesday, April 1, with a full floor vote slated for the following Wednesday, April 9 — we should get a sense by then how much this language would be expected to cost Ohio taxpayers, but with the ability to draw a circle of unlimited size around a stadium and kick back and any all taxes from it, looks like the sky’s the limit.