As Reported by the Senate Ways and Means Committee*         1            

122nd General Assembly                                             4            

   Regular Session                         Am. Sub. H. B. No. 117  5            

      1997-1998                                                    6            


    REPRESENTATIVES TERWILLEGER-BRADING-FOX-OPFER-OGG-VESPER-      8            

 BUCHY-HARRIS-METZGER-HAINES-HOUSEHOLDER-WESTON-PADGETT-GARCIA-    9            

 CAREY-REID-CORBIN-KREBS-MEAD-HOTTINGER-SULZER-KASPUTIS-SALERNO-   10           

               SENATORS B. JOHNSON-BLESSING-DRAKE                  11           


                                                                   12           

                           A   B I L L                                          

             To amend sections 1711.081, 1711.15, 1711.16,         14           

                1711.17, 3769.08, and 5705.19 of the Revised Code  15           

                to remove the requirement that, in certain                      

                counties in which there exists a county            16           

                agricultural society or an independent             17           

                agricultural society and in which the board of                  

                county commissioners appropriates more than fifty  18           

                thousand dollars to be expended in one year for    19           

                certain expenses related to fairs, the question    20           

                of a tax levy be put on the ballot in the county   21           

                before the expenditure can be made; to authorize                

                the board of any county to put on the ballot the   22           

                question of a tax levy for purchasing,                          

                maintaining, or improving real estate on which to  23           

                hold fairs; and to provide that such societies     24           

                are not required to make payments to the Ohio      25           

                Standardbred Development Fund from moneys paid by               

                harness horse permit holders.                      26           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        28           

      Section 1.  That sections 1711.081, 1711.15, 1711.16,        30           

1711.17, 3769.08, and 5705.19 of the Revised Code be amended to    31           

read as follows:                                                                

      Sec. 1711.081.  The positions of members of the board of     40           

                                                          2      

                                                                 
directors, officers, and employees of a county or independent      41           

agricultural society are not public offices, and persons holding   42           

such THOSE positions are eligible to hold any public office        44           

except for the office of county commissioner.  A member of the                  

county budget commission is eligible to be a member of the board   46           

of directors of a county or independent agricultural society       47           

unless a tax is levied in the county pursuant to section 1711.15   48           

or 1711.17 of the Revised Code.                                    49           

      Sec. 1711.15.  In any county in which there is a duly        58           

organized county agricultural society, the board of county         59           

commissioners may purchase or lease, for a term of not less than   60           

twenty years, real estate on which to hold fairs under the         61           

management and control of the county agricultural society, and     62           

may erect thereon suitable buildings and otherwise improve it.     63           

      In counties in which there is a county agricultural society  65           

which THAT has purchased, or leased, for a term of not less than   66           

twenty years, real estate as a site on which to hold fairs or in   67           

which the title to such THE site is vested in fee in the county,   68           

the board may erect or repair buildings or otherwise improve such  69           

THE site and pay the rental thereof, or contribute to or pay any   70           

other form of indebtedness of the society, if the director of      71           

agriculture has certified to the board that the county             72           

agricultural society is complying with all laws and rules          73           

governing the operation of county agricultural societies.  The     74           

board may appropriate from the general fund such an ANY amount as  76           

THAT it deems CONSIDERS necessary for any of those purposes.  If   77           

the amount appropriated to be expended in the purchase of such     78           

real estate or in the erection of buildings or other improvements  79           

or payments of rent or other forms of indebtedness of the society  80           

exceeds fifty thousand dollars in any one year, such expenditure   81           

shall not be made unless the question of a levy of the tax         82           

therefor is submitted to the qualified electors of the county at   83           

a general election, a notice of which, specifying the amount to    84           

be levied, has been given at least thirty days previous to such    85           

                                                          3      

                                                                 
election. This notice shall be given either by publishing it in    86           

one or more newspapers published and of general circulation in     87           

the county, or by mailing or otherwise distributing it to each     88           

elector in the county as far as is reasonably possible.  The       89           

board shall pass a resolution authorizing the submission of the    90           

question to the electors and certify their action to the board of  91           

elections of the county which shall prepare and furnish the        92           

necessary ballots and other supplies.  Such certification shall    93           

be made to the board of elections not later than four p.m. of the  94           

seventy-fifth day before the day of election.  The form of the     95           

ballots cast at such election shall be:                            96           

      "Agricultural tax--Yes."                                     98           

      "Agricultural tax--No."                                      100          

      If the majority of the vote cast is in favor of such tax,    102          

it may be levied and collected as other taxes.                     103          

      The requirement that the question of a tax levy be           105          

submitted to the electors shall not apply where the funds to be    106          

expended have been received as reparation for damage to the        107          

fairground caused by use thereof for military purposes, or as      108          

insurance proceeds received in payment for property damaged or     109          

destroyed by fire or any other cause.                              110          

      Sec. 1711.16.  When the control and management of a          119          

fairground is in a county agricultural society, and the board of   120          

county commissioners has appropriated an amount or levied a tax    121          

for the aid of such THE society as provided in section 1711.15 of  123          

the Revised Code, the society, with the consent of the board, may               

contract for the erection or repair of buildings or otherwise      124          

improve said site THE FAIRGROUND, to the extent that the payment   125          

for said THE improvement is provided by said THE board.            126          

      When such THE appropriation is made by the board or when     128          

such tax is collected by the county treasurer, the county auditor  129          

shall place the proceeds in a special fund, designated the         131          

"county agricultural society fund," indicating the purpose for     132          

which it is available, and on.  ON application of the treasurer    133          

                                                          4      

                                                                 
of the society, said THE auditor shall issue his AN order for the  134          

amount of such THE appropriation or tax to said THE treasurer of   135          

the society, if the society has secured the certificate required   137          

under section 1711.05 of the Revised Code, on said THE             138          

treasurer's filing with said THE auditor a bond in double the      139          

amount collected, with good and sufficient sureties approved by    140          

said THE auditor, conditioned for the satisfactory paying over     142          

and accounting of such THE funds for the purposes for which they   144          

were provided.  Said THE funds shall remain in the special fund    146          

in which they are placed by said THE auditor until they are        147          

applied or by the treasurer of the society and such THE bond is    148          

given, or until they are expended by the board for the purposes    150          

for which said THE fund was created.  If such THE society ceases   151          

to exist or releases said THE fund as not required for the         152          

purposes for which the fund was created, the board may by          153          

resolution transfer said THE fund to the general fund of the       154          

county.                                                                         

      Sec. 1711.17.  In any counties in which there is a duly      162          

organized independent agricultural society, the respective boards  163          

of county commissioners may purchase or lease jointly, for a term  164          

of not less than twenty years, real estate on which to hold fairs  165          

under the management and control of the society, and may erect     166          

suitable buildings and otherwise improve the property, and pay     167          

the rental thereof, or contribute to or pay any other form of      168          

indebtedness of the society, if the director of agriculture has    169          

certified to the board that the independent agricultural society   170          

is complying with all laws and rules governing the operation of    171          

county agricultural societies.  The boards may appropriate from    172          

their respective general funds such an amount as they consider     173          

necessary for any of those purposes.  If the total amount          174          

appropriated from one or more boards of county commissioners for   175          

the joint purchase of such real estate, for the erection of        176          

buildings or other improvements, or for the payment of rent or     177          

other forms of indebtedness of the society exceeds fifty thousand  178          

                                                          5      

                                                                 
dollars in any one year, such expenditure shall not be made        179          

unless the question of a levy of a tax for that purpose is         180          

submitted to the qualified electors of the counties at a general   181          

election, a notice of which, specifying the amount to be levied,   182          

has been given at least thirty days previous to such election, in  183          

one or more newspapers published and of general circulation in     184          

the counties.  The boards shall pass resolutions authorizing the   185          

submission of the question to the electors and certify their       186          

action to the boards of elections of the counties, which shall     187          

prepare and furnish the necessary ballots and other supplies.      188          

Such certification shall be made to the board of elections not     189          

later than four p.m. of the seventy-fifth day before the day of    190          

the election.  The form of the ballots cast at such election       191          

shall be as follows:  "Shall the board of commissioners of         192          

.......... County be authorized to levy a tax for the benefit of   193          

the .......... independent agricultural society for the purpose    194          

of ........ (here state the purpose of the tax), at a rate not     195          

exceeding .......... mills for each one dollar of valuation,       196          

which amounts to .......... dollars for each one hundred dollars   197          

of valuation, for .......... (here state the number of years the   198          

tax will be levied)?                                               199          

            ______________________________________                 201          

                      For the tax levy                             202          

            ______________________________________                 203          

                      Against the tax levy                         204          

            ______________________________________  "              205          

      If the majority of the votes cast is in favor of such tax    207          

in each county, it may be levied and collected as other taxes.     208          

      Sec. 3769.08.  (A)  Any person holding a permit to conduct   217          

a horse-racing meeting may provide a place in the race meeting     218          

grounds or enclosure at which the permit holder may conduct and    219          

supervise the pari-mutuel system of wagering by patrons of legal   220          

age on the live racing programs and simulcast racing programs      222          

conducted by such permit holder.                                                

                                                          6      

                                                                 
      Such pari-mutuel method of wagering upon the live racing     224          

programs and simulcast racing programs held at or conducted        226          

within such race track, and at the time of such horse-racing       227          

meeting, or at other times authorized by the state racing          228          

commission, shall not be unlawful.  No other place, except that    229          

provided and designated by the permit holder and except as                      

provided in section 3769.26 of the Revised Code, nor any other     231          

method or system of betting or wagering, except the pari-mutuel    232          

system, shall be used or permitted by the permit holder; nor,      233          

except as provided in section 3769.089 or 3769.26 of the Revised   234          

Code, shall the pari-mutuel system of wagering be conducted by     235          

the permit holder on any races except the races at the race        236          

track, grounds, or enclosure for which the person holds a permit.  237          

Each permit holder may retain as commission an amount not to       238          

exceed eighteen per cent of the total of all moneys wagered.       239          

      The pari-mutuel wagering authorized by this section is       241          

subject to sections 3769.25 to 3769.27 of the Revised Code.        242          

      (B)  At the close of each racing day, each permit holder     244          

authorized to conduct thoroughbred racing, out of the amount       245          

retained on that day by the permit holder, shall pay by check,     246          

draft, or money order to the tax commissioner, as a tax, a sum     247          

equal to the following percentages of the total of all moneys      248          

wagered on live racing programs on that day and shall separately   249          

compute and pay by check, draft, or money order to the tax         250          

commissioner, as a tax, a sum equal to the following percentages   251          

of the total of all money wagered on simulcast racing programs on  252          

that day:                                                                       

      (1)  One per cent of the first two hundred thousand dollars  254          

wagered, or any part thereof;                                      255          

      (2)  Two per cent of the next one hundred thousand dollars   257          

wagered, or any part thereof;                                      258          

      (3)  Three per cent of the next one hundred thousand         260          

dollars wagered, or any part thereof;                              261          

      (4)  Four per cent of all sums over four hundred thousand    263          

                                                          7      

                                                                 
dollars wagered.                                                   264          

      Except as otherwise provided in section 3769.089 of the      266          

Revised Code, each permit holder authorized to conduct             267          

thoroughbred racing shall use for purse money a sum equal to       268          

fifty per cent of the pari-mutuel revenues retained by the permit  269          

holder as a commission after payment of the state tax.  This       270          

fifty per cent payment shall be in addition to the purse           271          

distribution from breakage specified in this section.              272          

      Subject to division (M) of this section, from the moneys     275          

paid to the tax commissioner by thoroughbred-racing permit         277          

holders, one-half of one per cent of the total of all moneys so    278          

wagered on a racing day shall be paid into the Ohio fairs fund     279          

created by section 3769.082 of the Revised Code, one and           280          

one-eighth per cent of the total of all moneys so wagered on a     283          

racing day shall be paid into the Ohio thoroughbred race fund      284          

created by section 3769.083 of the Revised Code, and one-quarter                

of one per cent of the total of all moneys wagered on a racing     286          

day by each permit holder shall be paid into the state racing      287          

commission operating fund created by section 3769.03 of the        288          

Revised Code.  The required payment to the state racing            289          

commission operating fund does not apply to county and                          

independent fairs and agricultural societies.  The remaining       291          

moneys may be retained by the permit holder, except as provided    292          

in this section with respect to the odd cents redistribution.      293          

Amounts paid into the PASSPORT fund shall be used solely for the   295          

support of the PASSPORT program as determined in appropriations                 

made by the general assembly.  If the PASSPORT program is          297          

abolished, the amount that would have been paid to the PASSPORT    299          

fund under this chapter shall be paid to the general revenue fund  301          

of the state.  As used in this chapter, "PASSPORT program" means   303          

the PASSPORT program created under section 173.40 of the Revised   304          

Code.                                                                           

      During calendar year 1994, the total amount paid to the      306          

Ohio thoroughbred race fund under this section and section         307          

                                                          8      

                                                                 
3769.087 of the Revised Code shall not exceed by more than six     308          

per cent the total amount paid to this fund under this section     309          

and that section during calendar year 1990.  During each calendar               

year after calendar year 1994, the total amount paid to this fund  310          

under this section and that section shall not exceed by more than  311          

six per cent the total amount paid to this fund under this         312          

section and that section during the immediately preceding          314          

calendar year.                                                                  

      Each year, the total amount calculated for payment into the  316          

Ohio fairs fund under this division, division (C) of this          318          

section, and section 3769.087 of the Revised Code shall be an      319          

amount calculated using the percentages specified in this          320          

division, division (C) of this section, and section 3769.087 of                 

the Revised Code.  Until January 1, 1996, the total amount         321          

actually paid into the Ohio fairs fund under this division,        322          

division (C) of this section, and section 3769.087 of the Revised  323          

Code during each calendar year shall not exceed the total amount   324          

that was actually paid into that fund under this division,                      

division (C) of this section, and section 3769.087 of the Revised  325          

Code during calendar year 1990, plus five hundred thousand         326          

dollars.  Beginning on January 1, 1996, and continuing through     327          

December 31, 1998, the total amount actually paid into the Ohio    328          

fairs fund during each calendar year under this division,                       

division (C) of this section, and section 3769.087 of the Revised  329          

Code shall not exceed by more than five per cent an amount equal   330          

to the total amount actually paid into the Ohio fairs fund during  331          

the immediately preceding calendar year.                           332          

      A permit holder may contract with a thoroughbred horsemen's  334          

organization for the organization to act as a representative of    335          

all thoroughbred owners and trainers participating in a            336          

horse-racing meeting conducted by the permit holder.  A            337          

"thoroughbred horsemen's organization" is any corporation or       338          

association which THAT represents, through membership or           339          

otherwise, more than one-half of the aggregate of all              341          

                                                          9      

                                                                 
thoroughbred owners and trainers who were licensed and actively    342          

participated in racing within this state during the preceding      343          

calendar year. Except as otherwise provided in this paragraph,     344          

any moneys received by a thoroughbred horsemen's organization      345          

shall be used exclusively for the benefit of thoroughbred owners   346          

and trainers racing in this state through the administrative       347          

purposes of the organization, benevolent activities on behalf of   348          

the horsemen, promotion of the horsemen's rights and interests,    349          

and promotion of equine research.  A thoroughbred horsemen's       350          

organization may expend not more than an aggregate of five per     351          

cent of its annual gross receipts, or a larger amount as approved  352          

by the organization, for dues, assessments, and other payments to  353          

all other local, national, or international organizations having   354          

as their primary purposes the promotion of thoroughbred horse      355          

racing, thoroughbred horsemen's rights, and equine research.       356          

      (C)  Except as otherwise provided in division (B) of this    358          

section, at the close of each racing day, each permit holder       359          

authorized to conduct harness or quarter horse racing, out of the  360          

amount retained that day by the permit holder, shall pay by        361          

check, draft, or money order, to the tax commissioner, as a tax,   362          

a sum equal to the following percentages of the total of all       363          

moneys wagered on live racing programs and shall separately        364          

compute and pay by check, draft, or money order to the tax         365          

commissioner, as a tax, a sum equal to the following percentages   366          

of the total of all money wagered on simulcast racing programs on               

that day:                                                          367          

      (1)  One per cent of the first two hundred thousand dollars  369          

wagered, or any part thereof;                                      370          

      (2)  Two per cent of the next one hundred thousand dollars   372          

wagered, or any part thereof;                                      373          

      (3)  Three per cent of the next one hundred thousand         375          

dollars wagered, or any part thereof;                              376          

      (4)  Four per cent of all sums over four hundred thousand    378          

dollars wagered.                                                   379          

                                                          10     

                                                                 
      Except as otherwise provided in division (B) and subject to  381          

division (M) of this section, from the moneys paid to the tax      383          

commissioner by permit holders authorized to conduct harness or    384          

quarter horse racing, one-half of one per cent of all moneys                    

wagered on that racing day shall be paid into the Ohio fairs       385          

fund; from the moneys paid to the tax commissioner by permit       388          

holders authorized to conduct harness racing, five-eighths of one               

per cent of all moneys wagered on that racing day shall be paid    389          

into the Ohio standardbred development fund; and from the moneys   391          

paid to the tax commissioner by permit holders authorized to                    

conduct quarter horse racing, five-eighths of one per cent of all  392          

moneys wagered on that racing day shall be paid into the Ohio      393          

quarter horse development fund.                                    394          

      (D)   In addition, subject to division (M) of this section,  397          

beginning on January 1, 1996, from the money paid to the tax       398          

commissioner as a tax under this section and section 3769.087 of   399          

the Revised Code by harness horse permit holders, one-half of one  400          

per cent of the amount wagered on a racing day shall be paid into  401          

the Ohio standardbred development fund.  BEGINNING JANUARY 1,                   

1998, THE PAYMENT TO THE OHIO STANDARDBRED DEVELOPMENT FUND        402          

REQUIRED UNDER DIVISION (D) OF THIS SECTION DOES NOT APPLY TO      403          

COUNTY AGRICULTURAL SOCIETIES OR INDEPENDENT AGRICULTURAL          404          

SOCIETIES.                                                                      

      During calendar year 1994, the total amount paid to the      406          

Ohio standardbred development fund under this division, division   407          

(C) of this section, and section 3769.087 of the Revised Code and  409          

the total amount paid to the Ohio quarter horse development fund                

under this division and that section shall not exceed by more      410          

than six per cent the total amount paid to each of these funds     411          

under this division and that section during calendar year 1990.    412          

During each calendar year after calendar year 1994, the total      413          

amount paid to each of these funds shall not exceed by more than   414          

six per cent the total amount paid into the fund under this                     

division, division (C) of this section, and section 3769.087 of    416          

                                                          11     

                                                                 
the Revised Code in the immediately preceding calendar year.       417          

      (E)  Subject to division (M) of this section, from the       420          

money paid as a tax under this chapter by harness and quarter      421          

horse permit holders, one-quarter of one per cent of the total of  422          

all moneys wagered on a racing day by each permit holder shall be  423          

paid into the state racing commission operating fund created by    424          

section 3769.03 of the Revised Code.  This division does not       425          

apply to county and independent fairs and agricultural societies.  426          

      (F)  Except as otherwise provided in section 3769.089 of     429          

the Revised Code, each permit holder authorized to conduct         430          

harness racing shall pat to the harness horsemen's purse pool a    431          

sum equal to fifty per cent of the pari-mutuel revenues retained   432          

by the permit holder as a commission after payment of the state    433          

tax.  This fifty per cent payment is to be in addition to the      434          

purse distribution from breakage specified in this section.        435          

      (G)  In addition, each permit holder authorized to conduct   437          

harness racing shall be allowed to retain the odd cents of all     438          

redistribution to be made on all mutuel contributions exceeding a  439          

sum equal to the next lowest multiple of ten.                      440          

      Forty per cent of that portion of that total sum of such     442          

odd cents shall be used by the permit holder for purse money for   443          

Ohio sired, bred, and owned colts, for purse money for Ohio bred   444          

horses, and for increased purse money for horse races.  Upon the   445          

formation of the corporation described in section 3769.21 of the   446          

Revised Code to establish a harness horsemen's health and          447          

retirement fund, twenty-five per cent of that portion of that      448          

total sum of odd cents shall be paid at the close of each racing   449          

day by the permit holder to such corporation to establish and      450          

fund the health and retirement fund.  Until such corporation is    451          

formed, such twenty-five per cent shall be paid at the close of    452          

each racing day by the permit holder to the tax commissioner or    453          

the tax commissioner's agent in the county seat of the county in   455          

which the permit holder operates race meetings.  The remaining     456          

thirty-five per cent of that portion of that total sum of odd      457          

                                                          12     

                                                                 
cents shall be retained by the permit holder.                      458          

      (H)  In addition, each permit holder authorized to conduct   460          

thoroughbred racing shall be allowed to retain the odd cents of    461          

all redistribution to be made on all mutuel contributions          462          

exceeding a sum equal to the next lowest multiple of ten.  Twenty  464          

per cent of that portion of that total sum of such odd cents       465          

shall be used by the permit holder for increased purse money for   466          

horse races.  Upon the formation of the corporation described in   467          

section 3769.21 of the Revised Code to establish a thoroughbred    468          

horsemen's health and retirement fund, forty-five per cent of      470          

that portion of that total sum of odd cents shall be paid at the   471          

close of each racing day by the permit holder to such corporation  472          

to establish and fund the health and retirement fund.  Until such  473          

corporation is formed, such forty-five per cent shall be paid by   475          

the permit holder to the tax commissioner or the tax               476          

commissioner's agent in the county seat of the county in which     478          

the permit holder operates race meetings, at the close of each     479          

racing day.  The remaining thirty-five per cent of that portion    480          

of that total sum of odd cents shall be retained by the permit     481          

holder.                                                                         

      (I)  In addition, each permit holder authorized to conduct   483          

quarter horse racing shall be allowed to retain the odd cents of   484          

all redistribution to be made on all mutuel contributions          485          

exceeding a sum equal to the next lowest multiple of ten, subject  486          

to a tax of twenty-five per cent on that portion of the total sum  487          

of such odd cents which THAT is in excess of two thousand dollars  489          

during a calendar year, which tax shall be paid at the close of    490          

each racing day by the permit holder to the tax commissioner or    491          

the tax commissioner's agent in the county seat of the county      493          

within which the permit holder operates race meetings.  Forty per  494          

cent of that portion of that total sum of such odd cents shall be  495          

used by the permit holder for increased purse money for horse      496          

races.  The remaining thirty-five per cent of that portion of      497          

that total sum of odd cents shall be retained by the permit        498          

                                                          13     

                                                                 
holder.                                                                         

      (J)  To encourage the improvement of racing facilities for   500          

the benefit of the public, breeders, and horse owners, and to      501          

increase the revenue to the state from the increase in             502          

pari-mutuel wagering resulting from such improvements, the taxes   503          

paid by a permit holder to the state as provided for in this       504          

chapter shall be reduced by three-fourths of one per cent of the   506          

total amount wagered for those permit holders who make capital     507          

improvements to existing race tracks or construct new race         508          

tracks.  The percentage of the reduction that may be taken each    509          

racing day shall equal seventy-five per cent of the tax levied     510          

under divisions (B) and (C) of this section and section 3769.087,  511          

and division (F)(2) of section 3769.26 of the Revised Code, as     512          

applicable, divided by the calculated amount each fund should      514          

receive under divisions (B) and (C) of this section and section    515          

3769.087, and division (F)(2) of section 3769.26 of the Revised    516          

Code and the reduction provided for in this division.  If the      518          

resulting percentage is less than one, that percentage shall be    519          

multiplied by the amount of the reduction provided for in this     520          

division.  Otherwise, the permit holder shall receive the full                  

reduction provided for in this division.  The amount of the        521          

allowable reduction not received shall be carried forward and      522          

applied against future tax liability.  After any reductions        523          

expire, any reduction carried forward shall be treated as a        524          

reduction as provided for in this division.  If more than one      525          

permit holder is authorized to conduct racing at the facility      527          

which THAT is being built or improved, the cost of the capital     529          

improvement shall be allocated between or among all the permit     530          

holders in the ratio that the permit holders' number of racing     531          

days bears to the total number of racing days conducted at the     532          

facility.  Such reduction shall start from the day racing is       533          

first conducted following the date actual construction of the new  534          

race track or each capital improvement is completed and the        535          

construction cost has been certified by the racing commission,     536          

                                                          14     

                                                                 
unless otherwise provided in this section. Such reduction shall    537          

continue for a period of twenty-five years for new race tracks     538          

and for fifteen years for new capital improvements if the          539          

construction of the improvement or new race track commenced prior  540          

to March 29, 1988, and for a period of ten years for new race      541          

tracks or new capital improvements if the construction of the                   

improvement or new race track commenced on or after March 29,      542          

1988, or until the total tax reduction reaches seventy per cent    543          

of the cost of the new race track or new capital improvement, as   544          

allocated to each permit holder, whichever occurs first.  The tax  545          

reduction granted for any application approved by the racing       546          

commission after March 29, 1988, shall not commence nor shall the  548          

ten-year period begin to run until all prior tax reductions with   549          

respect to the same race track have ended.  The total tax          550          

reduction because of capital improvements shall not during any     551          

one year exceed for all permit holders using any one track         552          

three-fourths of one per cent of the total amount wagered,                      

regardless of the number of capital improvements made.  Several    553          

improvements to a race track may be consolidated in an             554          

application if the commission approved the application prior to    555          

March 29, 1988.  No permit holder may receive a tax reduction for  557          

a capital improvement approved by the racing commission on or      558          

after March 29, 1988, at a race track until all tax reductions     560          

have ended for all prior capital improvements approved by the      561          

racing commission under this section or section 3769.20 of the     562          

Revised Code at that race track.  If there are two or more permit  563          

holders operating meetings at the same track, they may                          

consolidate their applications.  The racing commission shall       564          

notify the tax commissioner when the diminution of tax begins and  565          

when it ends.  Each fiscal year the commission shall submit a      566          

report to the tax commissioner, the office of budget and           567          

management, and the legislative budget office of the legislative   568          

service commission.  The report shall identify each capital        569          

improvement project undertaken under this division and in          570          

                                                          15     

                                                                 
progress at each race track, indicate the total cost of each such  571          

project, state the tax reduction that resulted from each such      572          

project during the immediately preceding fiscal year, estimate     573          

the tax reduction that will result from each such project during   574          

the current fiscal year, state the total tax reduction that        575          

resulted from all such projects at all race tracks during the      576          

immediately preceding fiscal year, and estimate the total tax      577          

reduction that will result from all such projects at all race      578          

tracks during the current fiscal year.                             579          

      In order to qualify for the reduction in tax, a permit       581          

holder shall apply to the racing commission in such form as the    582          

commission may require and shall provide full details of the new   583          

racing track or capital improvement, including a schedule for its  584          

construction and completion, and set forth the costs and expenses  585          

incurred in connection therewith.  The commission shall not        586          

approve an application unless the permit holder shows that a       587          

contract for the new race track or capital improvement has been    588          

let under an unrestricted competitive bidding procedure, unless    589          

the contract is exempted by the controlling board because of its   590          

unusual nature.  In determining whether to approve an              591          

application, the commission shall consider whether the new track   592          

or capital improvement will promote the safety, convenience, and   593          

comfort of the racing public and horse owners and generally tend   594          

towards the improvement of racing in this state.                   595          

      If a new track or capital improvement is approved by the     597          

commission and construction has started, the tax adjustment may    598          

be authorized by the commission upon presentation of copies of     599          

paid bills in excess of one hundred thousand dollars or ten per    600          

cent of the approved cost, whichever is greater.  After the        601          

initial authorization, the permit holder shall present copies of   602          

paid bills.  If the permit holder is in substantial compliance     603          

with the schedule for construction and completion of the track or  604          

capital improvement, the commission may authorize the              605          

continuation of the tax adjustment upon the presentation of such   606          

                                                          16     

                                                                 
additional paid bills.  The total amount of the tax adjustment     607          

authorized shall not exceed seventy per cent of the approved cost  608          

of the new track or capital improvement.  The commission may       609          

terminate any tax adjustment immediately if a permit holder fails  610          

to complete the track or capital improvement, or to substantially  611          

comply with the schedule for construction and completion of the    612          

track or capital improvement.  If a permit holder fails to         613          

complete a new track or capital improvement, the commission shall  614          

order the permit holder to repay to the state the total amount of  615          

tax reduced.  The normal tax paid by the permit holder shall be    616          

increased by three-fourths of one per cent of the total amount     617          

wagered until the total amount of the additional tax collected     618          

equals the total amount of tax reduced.                            619          

      As used in this section, "capital improvement" means an      621          

addition, replacement, or remodeling of a structural unit of a     622          

race track facility costing at least one hundred thousand          623          

dollars, including, but not limited to, the construction of barns  624          

used exclusively for such race track facility, backstretch         625          

facilities for horsemen, paddock facilities, new pari-mutuel and   626          

totalizator equipment and appurtenances thereto purchased by the   627          

track, new access roads, new parking areas, the complete           628          

reconstruction, reshaping, and leveling of the race track and      629          

appurtenances, the installation of permanent new heating or air    630          

conditioning, and installations of a permanent nature forming a    631          

part of the track structure.  "Capital improvement" does not       632          

include the cost of replacement of equipment that is not           633          

permanently installed, ordinary repairs, painting, and             634          

maintenance required to keep a race track facility in ordinary     635          

operating condition.  "New race track" or "new racing track"       636          

includes the reconstruction of a race track damaged by fire or     637          

other cause which THAT has been declared by the racing             638          

commission, as a result of the damage, to be an inadequate         640          

facility for the safe operation of horse racing.                   641          

      The commission shall not approve an application for a tax    643          

                                                          17     

                                                                 
reduction under this section if it has reasonable cause to         644          

believe that the actions or negligence of the permit holder        645          

substantially contributed to the damage suffered by the track due  646          

to fire or other cause.  The commission shall obtain any data or   647          

information available from a fire marshal, law enforcement         648          

official, or insurance company concerning any fire or other        649          

damage suffered by a track, prior to approving an application for  650          

a tax reduction.                                                   651          

      The cost and expenses to which a tax reduction applies       653          

shall be determined by generally accepted accounting principles    654          

and verified by an audit of the permit holder's records upon       655          

completion of the project by the commission, or by an independent  656          

certified public accountant selected by the permit holder and      657          

approved by the commission.                                        658          

      The tax reductions for capital improvements and new tracks   660          

provided for in this division apply only to tax reductions         661          

approved by the state racing commission prior to the effective     662          

date of this amendment.                                                         

      (K)  No other license or excise tax or fee, except as        664          

provided in sections 3769.01 to 3769.14 of the Revised Code,       665          

shall be assessed or collected from such licensee by any county,   666          

township, district, municipal corporation, or other body having    667          

power to assess or collect a tax or fee.  That portion of the tax  668          

paid under this section by permit holders for racing conducted at  669          

and during the course of an agricultural exposition or fair, and   671          

that portion of the tax that would have been paid by eligible      672          

permit holders into the PASSPORT fund as a result of racing        673          

conducted at and during the course of an agricultural exposition                

or fair, shall be deposited into the state treasury to the credit  675          

of the horse racing tax fund, which is hereby created for the use  676          

of the agricultural societies of the several counties in which     677          

the taxes originate.  The state racing commission shall determine  678          

eligible permit holders for purposes of the preceding sentence,    679          

taking into account the breed of horse, the racing dates, the      680          

                                                          18     

                                                                 
geographic proximity to the fair, and the best interests of Ohio   681          

racing.  On the first day of any month on which there is money in  683          

the fund, the director of budget and management shall provide for  684          

payment to the treasurer of each agricultural society the amount   685          

of the taxes collected under this section upon racing conducted    686          

at and during the course of any exposition or fair conducted by    687          

such society.                                                                   

      (L)  From the tax paid under this section by harness track   689          

permit holders, the tax commissioner shall pay into the Ohio       690          

thoroughbred race fund a sum equal to a percentage of the amount   691          

wagered upon which such tax is paid.  The percentage shall be      692          

determined by the tax commissioner and shall be rounded to the     693          

nearest one-hundredth.  The percentage shall be such that, when    694          

multiplied by the amount wagered upon which tax was paid by the    695          

harness track permit holders in the most recent year for which     696          

final figures are available, it results in a sum that              697          

substantially equals the same amount of tax paid by the tax        698          

commissioner during that year into the Ohio fairs fund from taxes  699          

paid by thoroughbred permit holders.  This division does not       700          

apply to county and independent fairs and agricultural societies.  701          

      (M)  Twenty-five per cent of the taxes levied on             703          

thoroughbred-racing permit holders, harness-racing permit          705          

holders, and quarter horse racing permit holders under this        706          

section, section 3769.087, and division (F)(2) of section 3769.26  707          

of the Revised Code shall be paid to the PASSPORT fund.  The tax   708          

commissioner shall pay any money remaining after payment to the    709          

PASSPORT fund and the reductions provided for in division (J) of   711          

this section and in section 3769.20 of the Revised Code into the   712          

Ohio fairs fund, Ohio thoroughbred race fund, Ohio standardbred    714          

development fund, Ohio quarter horse fund, and state racing        715          

commission operating fund as prescribed in this section and        716          

section 3769.087 of the Revised Code; except that the state        717          

racing commission operating fund shall not receive more than two   718          

million five hundred thousand dollars in any calendar year.  The   719          

                                                          19     

                                                                 
tax commissioner shall thereafter use and apply the balance of     721          

the money paid as a tax by any permit holder to cover any                       

shortage in the accounts of such funds resulting from an           722          

insufficient payment as a tax by any other permit holder.  The     723          

moneys received by the tax commissioner shall be deposited weekly  724          

and paid by the tax commissioner into the funds to cover the       726          

total aggregate amount due from all permit holders to the funds,                

as calculated under this section and section 3769.087 of the       727          

Revised Code, as applicable.  If, after payment to the PASSPORT    728          

fund, sufficient funds are not available from the tax deposited    729          

by the tax commissioner to pay the required amount into the Ohio   730          

fairs fund, Ohio standardbred development fund, Ohio thoroughbred  731          

race fund, Ohio quarter horse fund, and the state racing           732          

commission operating fund, the tax commissioner shall prorate on   734          

a proportional basis the amount paid to each of the funds.  Any                 

shortage to the funds as a result of a proration shall be applied  735          

against future deposits for the same calendar year when funds are  736          

available.  After this application, the tax commissioner shall     738          

pay any remaining money paid as a tax by all permit holders into   739          

the PASSPORT fund.  If the Ohio fairs fund does not receive two    741          

million five hundred thousand dollars in calendar year 1997 or                  

1998, the tax commissioner shall pay into the Ohio fairs fund, on  742          

a prorated basis, money that would have been paid into the Ohio    743          

thoroughbred race fund, Ohio standardbred development fund, Ohio   745          

quarter horse development fund, and state racing commission        746          

operating fund and the portion that was retained by the tracks     747          

the previous calendar year as a reduction provided for in          748          

division (J) of this section and section 3769.20 of the Revised    750          

Code until the previous year's deficiency is met.  Each track      751          

that has an existing reduction shall increase its reduction        752          

credit balance by the amount determined by the tax commissioner    753          

that is needed to meet its prorated portion of the Ohio fairs      754          

fund deficiency.  The credit balance increase shall be paid to     755          

the tax commissioner as a tax.  This division does not apply to                 

                                                          20     

                                                                 
permit holders conducting racing at the course of an agricultural  759          

exposition or fair as described in division (K) of this section.   760          

      Sec. 5705.19.  This section does not apply to school         769          

districts or county school financing districts.                    770          

      The taxing authority of any subdivision at any time and in   772          

any year, by vote of two-thirds of all the members of the taxing   773          

authority, may declare by resolution and certify the resolution    774          

to the board of elections not less than seventy-five days before   775          

the election upon which it will be voted that the amount of taxes  776          

that may be raised within the ten-mill limitation will be          777          

insufficient to provide for the necessary requirements of the      778          

subdivision and that it is necessary to levy a tax in excess of    779          

that limitation for any of the following purposes:                 780          

      (A)  For current expenses of the subdivision, except that    782          

the total levy for current expenses of a detention home district   783          

or district organized under section 2151.65 of the Revised Code    784          

shall not exceed two mills and that the total levy for current     785          

expenses of a combined district organized under sections 2151.34   786          

and 2151.65 of the Revised Code shall not exceed four mills;       787          

      (B)  For the payment of debt charges on certain described    789          

bonds, notes, or certificates of indebtedness of the subdivision   790          

issued subsequent to January 1, 1925;                              791          

      (C)  For the debt charges on all bonds, notes, and           793          

certificates of indebtedness issued and authorized to be issued    794          

prior to January 1, 1925;                                          795          

      (D)  For a public library of, or supported by, the           797          

subdivision under whatever law organized or authorized to be       798          

supported;                                                         799          

      (E)  For a municipal university, not to exceed two mills     801          

over the limitation of one mill prescribed in section 3349.13 of   802          

the Revised Code;                                                  803          

      (F)  For the construction or acquisition of any specific     805          

permanent improvement or class of improvements that the taxing     806          

authority of the subdivision may include in a single bond issue;   807          

                                                          21     

                                                                 
      (G)  For the general construction, reconstruction,           809          

resurfacing, and repair of streets, roads, and bridges in          810          

municipal corporations, counties, or townships;                    811          

      (H)  For recreational purposes;                              813          

      (I)  For the purpose of providing and maintaining fire       815          

apparatus, appliances, buildings, or sites therefor, or sources    816          

of water supply and materials therefor, or the establishment and   817          

maintenance of lines of fire alarm telegraph, or the payment of    818          

permanent, part-time, or volunteer fire fighters FIREFIGHTERS or   819          

fire-fighting companies to operate the same, including the         821          

payment of the firemen FIREFIGHTERS employer's contribution        822          

required under section 742.34 of the Revised Code, or to purchase  824          

ambulance equipment, or to provide ambulance, paramedic, or other  825          

emergency medical services operated by a fire department or        826          

fire-fighting company;                                                          

      (J)  For the purpose of providing and maintaining motor      828          

vehicles, communications, and other equipment used directly in     829          

the operation of a police department, or the payment of salaries   830          

of permanent police personnel, including the payment of the        831          

policemen POLICE employer's contribution required under section    832          

742.33 of the Revised Code, or the payment of the costs incurred   834          

by townships as a result of contracts made with other political    835          

subdivisions in order to obtain police protection, or to provide   836          

ambulance or emergency medical services operated by a police       837          

department;                                                        838          

      (K)  For the maintenance and operation of a county home;     840          

      (L)  For community mental retardation and developmental      842          

disabilities programs and services pursuant to Chapter 5126. of    843          

the Revised Code, except that the procedure for such levies shall  844          

be as provided in section 5705.222 of the Revised Code;            845          

      (M)  For regional planning;                                  847          

      (N)  For a county's share of the cost of maintaining and     849          

operating schools, district detention homes, forestry camps, or    850          

other facilities, or any combination thereof established under     851          

                                                          22     

                                                                 
section 2151.34 or 2151.65 of the Revised Code or both of those    852          

sections;                                                          853          

      (O)  For providing for flood defense, providing and          855          

maintaining a flood wall or pumps, and other purposes to prevent   856          

floods;                                                            857          

      (P)  For maintaining and operating sewage disposal plants    859          

and facilities;                                                    860          

      (Q)  For the purpose of purchasing, acquiring,               862          

constructing, enlarging, improving, equipping, repairing,          863          

maintaining, or operating, or any combination of the foregoing, a  864          

county transit system pursuant to sections 306.01 to 306.13 of     865          

the Revised Code, or to make any payment to a board of county      866          

commissioners operating a transit system or a county transit       867          

board pursuant to section 306.06 of the Revised Code;              868          

      (R)  For the subdivision's share of the cost of acquiring    870          

or constructing any schools, forestry camps, detention homes, or   871          

other facilities, or any combination thereof under section         872          

2151.34 or 2151.65 of the Revised Code or both of those sections;  873          

      (S)  For the prevention, control, and abatement of air       875          

pollution;                                                         876          

      (T)  For maintaining and operating cemeteries;               878          

      (U)  For providing ambulance service, emergency medical      880          

service, or both;                                                  881          

      (V)  For providing for the collection and disposal of        883          

garbage or refuse;                                                 884          

      (W)  For the payment of the policemen POLICE employer's      886          

contribution or the firemen FIREFIGHTERS employer's contribution   887          

required under sections 742.33 and 742.34 of the Revised Code;     889          

      (X)  For the construction and maintenance of a drainage      891          

improvement pursuant to section 6131.52 of the Revised Code;       892          

      (Y)  For providing or maintaining senior citizens services   894          

or facilities as authorized by section 307.694, 307.85, 505.70,    895          

505.706, or division (EE) of section 717.01 of the Revised Code;   896          

      (Z)  For the provision and maintenance of zoological park    898          

                                                          23     

                                                                 
services and facilities as authorized under section 307.76 of the  899          

Revised Code;                                                      900          

      (AA)  For the maintenance and operation of a free public     902          

museum of art, science, or history;                                903          

      (BB)  For the establishment and operation of a 9-1-1         905          

system, as defined in section 4931.40 of the Revised Code;         906          

      (CC)  For the purpose of acquiring, rehabilitating, or       908          

developing rail property or rail service.  As used in this         909          

division, "rail property" and "rail service" have the same         910          

meanings as in section 4981.01 of the Revised Code.  This          911          

division applies only to a county, township, or municipal          912          

corporation.                                                       913          

      (DD)  For the purpose of acquiring property for,             915          

constructing, operating, and maintaining community centers as      916          

provided for in section 755.16 of the Revised Code;                917          

      (EE)  For the creation and operation of an office or joint   919          

office of economic development, for any economic development       920          

purpose of the office, and to otherwise provide for the            921          

establishment and operation of a program of economic development   922          

pursuant to sections 307.07 and 307.64 of the Revised Code;        923          

      (FF)  For the purpose of acquiring, establishing,            925          

constructing, improving, equipping, maintaining, or operating, or  926          

any combination of the foregoing, a township airport, landing      927          

field, or other air navigation facility pursuant to section        928          

505.15 of the Revised Code;                                        929          

      (GG)  For the payment of costs incurred by a township as a   931          

result of a contract made with a county pursuant to section        932          

505.263 of the Revised Code in order to pay all or any part of     933          

the cost of constructing, maintaining, repairing, or operating a   934          

water supply improvement;                                          935          

      (HH)  For a board of township trustees to acquire, other     937          

than by appropriation, an ownership interest in land, water, or    938          

wetlands, or to restore or maintain land, water, or wetlands in    939          

which the board has such an interest, not for purposes of          940          

                                                          24     

                                                                 
recreation, but for the purposes of protecting and preserving the  941          

natural, scenic, open, or wooded condition of the land, water, or  942          

wetlands against modification or encroachment resulting from       943          

occupation, development, or other use;                             944          

      (II)  For the support by a county of a crime victim          946          

assistance program that is provided and maintained by a county     947          

agency or a private, nonprofit corporation or association under    948          

section 307.62 of the Revised Code;                                949          

      (JJ)  For any or all of the purposes set forth in division   951          

(I) or (J) of this section.  This division applies only to a       952          

township.                                                          953          

      (KK)  For a countywide public safety communications system   955          

under section 307.63 of the Revised Code.  This division applies   956          

only to counties.                                                  957          

      (LL)  For the support by a county of criminal justice        959          

services under section 307.45 of the Revised Code;                 960          

      (MM)  For the purpose of maintaining and operating a jail    962          

or other detention facility as defined in section 2921.01 of the   963          

Revised Code;                                                      964          

      (NN)  FOR PURCHASING, MAINTAINING, OR IMPROVING, OR ANY      966          

COMBINATION OF THE FOREGOING, REAL ESTATE ON WHICH TO HOLD         967          

AGRICULTURAL FAIRS.  THIS DIVISION APPLIES ONLY TO A COUNTY.       968          

      The resolution shall be confined to the purpose or purposes  970          

described in one division of this section, for which the revenue   971          

derived therefrom shall be applied.  The existence in any other    972          

division of this section of authority to levy a tax for any part   973          

or all of the same purpose or purposes does not preclude the use   974          

of such revenues for any part of the purpose or purposes of the    975          

division under which the resolution is adopted.                    976          

      The resolution shall specify the amount of the increase in   978          

rate that it is necessary to levy, the purpose thereof, and the    979          

number of years during which the increase in rate shall be in      980          

effect, which may or may not include a levy upon the duplicate of  981          

the current year.  The number of years may be any number not       982          

                                                          25     

                                                                 
exceeding five, except as follows:                                 983          

      (1)  When the additional rate is for the payment of debt     985          

charges, the increased rate shall be for the life of the           986          

indebtedness.                                                      987          

      (2)  When the additional rate is any of the following, the   989          

increased rate shall be for a continuing period of time:           990          

      (a)  For the current expenses for a detention home           992          

district, a district organized under section 2151.65 of the        993          

Revised Code, or a combined district organized under sections      994          

2151.34 and 2151.65 of the Revised Code;                           995          

      (b)  For providing a county's share of the cost of           997          

maintaining and operating schools, district detention homes,       998          

forestry camps, or other facilities, or any combination thereof,   999          

established under section 2151.34 or 2151.65 of the Revised Code   1,000        

or under both of those sections.                                   1,001        

      (3)  When the additional rate is for any of the following,   1,003        

the increased rate may be for a continuing period of time:         1,004        

      (a)  For the purposes set forth in division (I), (J), (U),   1,006        

or (KK) of this section;                                           1,007        

      (b)  For the maintenance and operation of a joint            1,009        

recreation district;                                               1,010        

      (c)  A levy imposed by a township for the purposes set       1,012        

forth in division (G) of this section.                             1,013        

      (4)  When the increase is for the purpose set forth in       1,015        

division (D) or (CC) of this section, the tax levy may be for any  1,016        

specified number of years or for a continuing period of time, as   1,017        

set forth in the resolution.                                       1,018        

      (5)  When the additional rate is for the purpose described   1,020        

in division (Z) of this section, the increased rate shall be for   1,021        

any number of years not exceeding ten.                             1,022        

      A levy for the purposes set forth in division (I), (J), or   1,024        

(U) of this section, and a levy imposed by a township for the      1,025        

purposes set forth in division (G) of this section, may be         1,026        

reduced pursuant to section 5705.261 or 5705.31 of the Revised     1,027        

                                                          26     

                                                                 
Code.  A levy for the purposes set forth in division (I), (J), or  1,028        

(U) of this section, and a levy imposed by a township for the      1,029        

purposes set forth in division (G) of this section, may also be    1,030        

terminated or permanently reduced by the taxing authority if it    1,031        

adopts a resolution stating that the continuance of the levy is    1,032        

unnecessary and the levy shall be terminated or that the millage   1,033        

is excessive and the levy shall be decreased by a designated       1,034        

amount.                                                            1,035        

      A resolution of a detention home district, a district        1,037        

organized under section 2151.65 of the Revised Code, or a          1,038        

combined district organized under both sections 2151.34 and        1,039        

2151.65 of the Revised Code may include both current expenses and  1,040        

other purposes, provided that the resolution shall apportion the   1,041        

annual rate of levy between the current expenses and other         1,042        

purpose or purposes.  The apportionment need not be the same for   1,043        

each year of the levy, but the respective portions of the rate     1,044        

actually levied each year for the current expenses and the other   1,045        

purpose or purposes shall be limited by the apportionment.         1,046        

      Whenever a board of county commissioners, acting either as   1,048        

the taxing authority of its county or as the taxing authority of   1,049        

a sewer district or subdistrict created under Chapter 6117. of     1,050        

the Revised Code, by resolution declares it necessary to levy a    1,051        

tax in excess of the ten-mill limitation for the purpose of        1,052        

constructing, improving, or extending sewage disposal plants or    1,053        

sewage systems, the tax may be in effect for any number of years   1,054        

not exceeding twenty, and the proceeds thereof, notwithstanding    1,055        

the general provisions of this section, may be used to pay debt    1,056        

charges on any obligations issued and outstanding on behalf of     1,057        

the subdivision for the purposes enumerated in this paragraph,     1,058        

provided that any such obligations have been specifically          1,059        

described in the resolution.                                       1,060        

      The resolution shall go into immediate effect upon its       1,062        

passage, and no publication of the resolution is necessary other   1,063        

than that provided for in the notice of election.                  1,064        

                                                          27     

                                                                 
      When the electors of a subdivision have approved a tax levy  1,066        

under this section, the taxing authority of the subdivision may    1,067        

anticipate a fraction of the proceeds of the levy and issue        1,068        

anticipation notes in accordance with section 5705.191 or          1,069        

5705.193 of the Revised Code.                                      1,070        

      Section 2.  That existing sections 1711.081, 1711.15,        1,072        

1711.16, 1711.17, 3769.08, and 5705.19 of the Revised Code are     1,075        

hereby repealed.