As Introduced                            1            

123rd General Assembly                                             4            

   Regular Session                                   S. B. No. 14  5            

      1999-2000                                                    6            


                        SENATOR BLESSING                           8            


                                                                   10           

                           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           

                                                          2      

                                                                 
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.                                                             

                                                          3      

                                                                 
      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          

                                                          4      

                                                                 
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          

                                                          5      

                                                                 
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