As Passed by the House 1
123rd General Assembly 4
Regular Session S. B. No. 14 5
1999-2000 6
SENATOR BLESSING-REPRESENTATIVES TAYLOR-BUCHY-EVANS-YOUNG 8
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A B I L L
To amend sections 3769.02 and 3769.03 of the Revised 11
Code to specify that the Ohio Racing Commission 13
has the power to sue and be sued in its own name,
to grant the Court of Common Pleas of Franklin 15
County original jurisdiction over actions against 16
the Commission and appellate jurisdiction over
decisions of the Commission, and to require that 17
the Commission's principal office be located in 18
Franklin County.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 20
Section 1. That sections 3769.02 and 3769.03 of the 22
Revised Code be amended to read as follows: 24
Sec. 3769.02. A state racing commission is hereby 33
established. It shall consist of five members, appointed by the 34
governor, with the advice and consent of the senate. Not more 35
than three members shall be affiliated with the same political 36
party. To be eligible for appointment, a person shall be a 37
qualified elector of the state and a resident of the state for 38
not less than five years immediately preceding his appointment. 39
No person shall be appointed to the commission, nor be an 40
employee thereof OF THE COMMISSION, nor officiate at pari-mutuel 41
meetings conducted in this state who is licensed or regulated, 43
directly or indirectly, by the commission other than for the 44
position to which he THE PERSON is appointed, nor shall he THE 46
PERSON have any legal or beneficial interest, direct or indirect, 48
pecuniary or otherwise, in any firm, association, or corporation 49
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THAT IS so licensed or regulated or which THAT participates in 51
pari-mutuel meetings in any manner, nor shall he THE PERSON 52
participate in pari-mutuel meetings in any manner other than in 53
his THE PERSON'S official capacity. 54
Terms of office shall be for four years, commencing on the 56
first day of April and ending on the thirty-first day of March. 57
Each member shall hold office from the date of his appointment 58
until the end of the term for which he was appointed. Vacancies 59
shall be filled by the governor with the advice and consent of 60
the senate. Any member appointed to fill a vacancy occurring 61
prior to the expiration of the term for which his THE MEMBER'S 62
predecessor was appointed shall hold office for the remainder of 64
such THAT term. Any member shall continue in office subsequent 66
to the expiration date of his THE MEMBER'S term until his THE 67
MEMBER'S successor takes office, or until a period of sixty days 69
has elapsed, whichever occurs first. No vacancy on the 70
commission shall impair the power and authority of the remaining 71
members to exercise all the powers of the commission. One of the
members of the commission shall be named by the governor as 73
chairman CHAIRPERSON of the commission at the time of making the 74
appointment of any member for a full term. 75
The chairman CHAIRPERSON and the associate commissioners 77
shall receive a salary fixed pursuant to Chapter 124. of the 79
Revised Code. When on commission business and for attending 80
commission meetings, the commissioners shall be allowed actual 81
and necessary traveling expenses. The salaries and expenses 82
shall be paid out of the state racing commission operating fund 83
created by section 3769.03 of the Revised Code. 84
Each commissioner, before entering upon the discharge of 86
his THE OFFICIAL duties OF COMMISSIONER, shall give a bond, 88
payable to the treasurer of state, in the sum of ten thousand 89
dollars with sufficient sureties to be approved by the director 90
of administrative services, which bond shall be filed with the 91
secretary of state.
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The governor may remove any member for malfeasance, 93
misfeasance, or nonfeasance in office, giving such THE member a 94
copy of the charges against him THE MEMBER and affording him THE 97
MEMBER an opportunity to be publicly heard in person or by 98
counsel in his THE MEMBER'S own defense upon not less than ten 100
days' notice. If such THE member is removed, the governor shall 102
file in the office of the secretary of state a complete statement 103
of all charges made against the member and the governor's finding 104
thereon ON THE CHARGES, together with a complete report of the 106
proceedings, and the governor's decision thereon ON THE CHARGES 107
is final.
THE PRINCIPAL OFFICE OF THE COMMISSION SHALL BE LOCATED IN 109
FRANKLIN COUNTY. 110
Sec. 3769.03. The state racing commission shall prescribe 119
the rules and conditions under which horse racing may be 120
conducted, and may issue, deny, suspend, diminish, or revoke 121
permits to conduct horse racing as authorized by sections 3769.01 122
to 3769.14 of the Revised Code. The commission may impose, in 123
addition to any other penalty imposed by the commission, fines in 124
an amount not to exceed ten thousand dollars on any permit holder 125
or any other person who violates the rules or orders of the 126
commission. The commission may prescribe what THE forms of 127
wagering THAT are permissible, the number of races, the 129
procedures on wagering, and the wagering information to be 130
provided to the public.
The commission may require totalizator equipment to display 132
the amount of wagering in each wagering pool. The commission 133
shall initiate safeguards as necessary to account for the amount 134
if OF money wagered at each track in each wagering pool. It may 135
require permit holders to install equipment that will provide a 136
complete check and analysis of the functioning of any computers 137
and require safeguards on their performance. The commission 138
shall require all permit holders, except those holding state 139
fair, county fair, or other fair permits, to provide a 140
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photographic recording, approved by the commission, of the entire 141
running of all races conducted by the permit holder. 142
The state racing commission may issue, deny, suspend, or 144
revoke licenses to such THOSE persons engaged in racing and to 145
such THOSE employees of permit holders as is in the public 147
interest for the purpose of maintaining a proper control over 148
horse-racing meetings. The commission may also, as is in the 149
public interest for the purpose of maintaining proper control 150
over horse-racing meetings, ALSO MAY rule any person off a permit 151
holder's premises. License fees, which shall also include 152
registration fees, AND shall be set by the commission. Each such 154
license ISSUED BY THE COMMISSION, unless revoked for cause, shall 156
be for the period of one year from the first day of January of 157
the year in which it is issued, except as otherwise provided in 158
section 3769.07 of the Revised Code. Applicants for licenses 159
issued by the commission shall submit their fingerprints to the 160
commission, and the commission may forward the fingerprints to 161
the federal bureau of investigation or to any other agency, or to 162
both, for examination.
There is hereby created in the state treasury the state 164
racing commission operating fund. All license fees established 165
and collected by the commission pursuant to this section, and the 166
amounts specified in divisions (B) and (C) of section 3769.08 and 167
division (A)(6) of section 3769.087 of the Revised Code, shall be 169
paid into the state treasury to the credit of the fund. Moneys 170
in the fund shall be expended by the commission to defray its 171
operating costs, salaries and expenses, and the cost of 172
administering and enforcing this chapter. 173
The commission may deny a permit to any permit holder that 175
has defaulted in payments to the public, employees, or the 176
horsemen and may deny a permit to any successor purchaser of a 178
track for as long as any such OF THOSE defaults have not been 179
satisfied by either the seller or purchaser. 181
The commission shall deny a permit to any permit holder 183
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that has defaulted in payments to the state of Ohio or has 184
defaulted in payments required under section 3769.089 or 185
3769.0810 of the Revised Code and shall deny a permit to any 187
successor purchaser of a track for as long as such THOSE defaults 188
have not been satisfied by either the seller or purchaser. 190
Any violation of this chapter, or of any rule of racing 192
adopted by the commission, or of any law or rule with respect to 193
racing in any jurisdiction shall be sufficient reason for a 194
refusal to issue a license, or a suspension or revocation of any 195
such license issued, pursuant to this section. 196
With respect to the issuance, denial, suspension, or 198
revocation of a license to a participant in horse racing, the 199
action of the commission shall be subject to Chapter 119. of the 200
Revised Code. 201
THE COMMISSION MAY SUE AND BE SUED IN ITS OWN NAME. ANY 203
ACTION AGAINST THE COMMISSION SHALL BE BROUGHT IN THE COURT OF 204
COMMON PLEAS OF FRANKLIN COUNTY. ANY APPEAL FROM A DETERMINATION 206
OR DECISION OF THE COMMISSION RENDERED IN THE EXERCISE OF ITS 207
POWERS AND DUTIES UNDER THIS CHAPTER SHALL BE BROUGHT IN THE 209
COURT OF COMMON PLEAS OF FRANKLIN COUNTY.
The commission shall, biennially, SHALL make a full report 211
to the governor of its proceedings for the two-year period ending 213
with the thirty-first day of December preceding the convening of 214
the general assembly and shall embody therein INCLUDE its 215
recommendations IN THE REPORT. The commission shall, 217
semiannually, on the thirtieth day of June and on the 218
thirty-first day of December of each year, SHALL make a report 219
and accounting to the governor.
Section 2. That existing sections 3769.02 and 3769.03 of 221
the Revised Code are hereby repealed. 223