As Introduced 1
123rd General Assembly 4
Regular Session S. B. No. 14 5
1999-2000 6
SENATOR BLESSING 8
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A B I L L
To amend sections 3769.02 and 3769.03 of the Revised 12
Code to specify that the Ohio Racing Commission 14
has the power to sue and be sued in its own name,
to grant the Court of Common Pleas of Franklin 16
County original jurisdiction over actions against 17
the Commission and appellate jurisdiction over
decisions of the Commission, and to require that 18
the Commission's principal office be located in 19
Franklin County.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 21
Section 1. That sections 3769.02 and 3769.03 of the 23
Revised Code be amended to read as follows: 25
Sec. 3769.02. A state racing commission is hereby 34
established. It shall consist of five members, appointed by the 35
governor, with the advice and consent of the senate. Not more 36
than three members shall be affiliated with the same political 37
party. To be eligible for appointment, a person shall be a 38
qualified elector of the state and a resident of the state for 39
not less than five years immediately preceding his appointment. 40
No person shall be appointed to the commission, nor be an 41
employee thereof OF THE COMMISSION, nor officiate at pari-mutuel 42
meetings conducted in this state who is licensed or regulated, 44
directly or indirectly, by the commission other than for the 45
position to which he THE PERSON is appointed, nor shall he THE 47
PERSON have any legal or beneficial interest, direct or indirect, 49
pecuniary or otherwise, in any firm, association, or corporation 50
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THAT IS so licensed or regulated or which THAT participates in 52
pari-mutuel meetings in any manner, nor shall he THE PERSON 53
participate in pari-mutuel meetings in any manner other than in 54
his THE PERSON'S official capacity. 55
Terms of office shall be for four years, commencing on the 57
first day of April and ending on the thirty-first day of March. 58
Each member shall hold office from the date of his appointment 59
until the end of the term for which he was appointed. Vacancies 60
shall be filled by the governor with the advice and consent of 61
the senate. Any member appointed to fill a vacancy occurring 62
prior to the expiration of the term for which his THE MEMBER'S 63
predecessor was appointed shall hold office for the remainder of 65
such THAT term. Any member shall continue in office subsequent 67
to the expiration date of his THE MEMBER'S term until his THE 68
MEMBER'S successor takes office, or until a period of sixty days 70
has elapsed, whichever occurs first. No vacancy on the 71
commission shall impair the power and authority of the remaining 72
members to exercise all the powers of the commission. One of the
members of the commission shall be named by the governor as 74
chairman CHAIRPERSON of the commission at the time of making the 75
appointment of any member for a full term. 76
The chairman CHAIRPERSON and the associate commissioners 78
shall receive a salary fixed pursuant to Chapter 124. of the 80
Revised Code. When on commission business and for attending 81
commission meetings, the commissioners shall be allowed actual 82
and necessary traveling expenses. The salaries and expenses 83
shall be paid out of the state racing commission operating fund 84
created by section 3769.03 of the Revised Code. 85
Each commissioner, before entering upon the discharge of 87
his THE OFFICIAL duties OF COMMISSIONER, shall give a bond, 89
payable to the treasurer of state, in the sum of ten thousand 90
dollars with sufficient sureties to be approved by the director 91
of administrative services, which bond shall be filed with the 92
secretary of state.
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The governor may remove any member for malfeasance, 94
misfeasance, or nonfeasance in office, giving such THE member a 95
copy of the charges against him THE MEMBER and affording him THE 98
MEMBER an opportunity to be publicly heard in person or by 99
counsel in his THE MEMBER'S own defense upon not less than ten 101
days' notice. If such THE member is removed, the governor shall 103
file in the office of the secretary of state a complete statement 104
of all charges made against the member and the governor's finding 105
thereon ON THE CHARGES, together with a complete report of the 107
proceedings, and the governor's decision thereon ON THE CHARGES 108
is final.
THE PRINCIPAL OFFICE OF THE COMMISSION SHALL BE LOCATED IN 110
FRANKLIN COUNTY. 111
Sec. 3769.03. The state racing commission shall prescribe 120
the rules and conditions under which horse racing may be 121
conducted, and may issue, deny, suspend, diminish, or revoke 122
permits to conduct horse racing as authorized by sections 3769.01 123
to 3769.14 of the Revised Code. The commission may impose, in 124
addition to any other penalty imposed by the commission, fines in 125
an amount not to exceed ten thousand dollars on any permit holder 126
or any other person who violates the rules or orders of the 127
commission. The commission may prescribe what THE forms of 128
wagering THAT are permissible, the number of races, the 130
procedures on wagering, and the wagering information to be 131
provided to the public.
The commission may require totalizator equipment to display 133
the amount of wagering in each wagering pool. The commission 134
shall initiate safeguards as necessary to account for the amount 135
if OF money wagered at each track in each wagering pool. It may 136
require permit holders to install equipment that will provide a 137
complete check and analysis of the functioning of any computers 138
and require safeguards on their performance. The commission 139
shall require all permit holders, except those holding state 140
fair, county fair, or other fair permits, to provide a 141
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photographic recording, approved by the commission, of the entire 142
running of all races conducted by the permit holder. 143
The state racing commission may issue, deny, suspend, or 145
revoke licenses to such THOSE persons engaged in racing and to 146
such THOSE employees of permit holders as is in the public 148
interest for the purpose of maintaining a proper control over 149
horse-racing meetings. The commission may also, as is in the 150
public interest for the purpose of maintaining proper control 151
over horse-racing meetings, ALSO MAY rule any person off a permit 152
holder's premises. License fees, which shall also include 153
registration fees, AND shall be set by the commission. Each such 155
license ISSUED BY THE COMMISSION, unless revoked for cause, shall 157
be for the period of one year from the first day of January of 158
the year in which it is issued, except as otherwise provided in 159
section 3769.07 of the Revised Code. Applicants for licenses 160
issued by the commission shall submit their fingerprints to the 161
commission, and the commission may forward the fingerprints to 162
the federal bureau of investigation or to any other agency, or to 163
both, for examination.
There is hereby created in the state treasury the state 165
racing commission operating fund. All license fees established 166
and collected by the commission pursuant to this section, and the 167
amounts specified in divisions (B) and (C) of section 3769.08 and 168
division (A)(6) of section 3769.087 of the Revised Code, shall be 170
paid into the state treasury to the credit of the fund. Moneys 171
in the fund shall be expended by the commission to defray its 172
operating costs, salaries and expenses, and the cost of 173
administering and enforcing this chapter. 174
The commission may deny a permit to any permit holder that 176
has defaulted in payments to the public, employees, or the 177
horsemen and may deny a permit to any successor purchaser of a 179
track for as long as any such OF THOSE defaults have not been 180
satisfied by either the seller or purchaser. 182
The commission shall deny a permit to any permit holder 184
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that has defaulted in payments to the state of Ohio or has 185
defaulted in payments required under section 3769.089 or 186
3769.0810 of the Revised Code and shall deny a permit to any 188
successor purchaser of a track for as long as such THOSE defaults 189
have not been satisfied by either the seller or purchaser. 191
Any violation of this chapter, or of any rule of racing 193
adopted by the commission, or of any law or rule with respect to 194
racing in any jurisdiction shall be sufficient reason for a 195
refusal to issue a license, or a suspension or revocation of any 196
such license issued, pursuant to this section. 197
With respect to the issuance, denial, suspension, or 199
revocation of a license to a participant in horse racing, the 200
action of the commission shall be subject to Chapter 119. of the 201
Revised Code. 202
THE COMMISSION MAY SUE AND BE SUED IN ITS OWN NAME. ANY 204
ACTION AGAINST THE COMMISSION SHALL BE BROUGHT IN THE COURT OF 205
COMMON PLEAS OF FRANKLIN COUNTY. ANY APPEAL FROM A DETERMINATION 207
OR DECISION OF THE COMMISSION RENDERED IN THE EXERCISE OF ITS 208
POWERS AND DUTIES UNDER THIS CHAPTER SHALL BE BROUGHT IN THE 210
COURT OF COMMON PLEAS OF FRANKLIN COUNTY.
The commission shall, biennially, SHALL make a full report 212
to the governor of its proceedings for the two-year period ending 214
with the thirty-first day of December preceding the convening of 215
the general assembly and shall embody therein INCLUDE its 216
recommendations IN THE REPORT. The commission shall, 218
semiannually, on the thirtieth day of June and on the 219
thirty-first day of December of each year, SHALL make a report 220
and accounting to the governor.
Section 2. That existing sections 3769.02 and 3769.03 of 222
the Revised Code are hereby repealed. 224