As Passed by the Senate 1
123rd General Assembly 4
Regular Session Sub. S. B. No. 333 5
1999-2000 6
SENATORS KEARNS-BLESSING-GARDNER-MUMPER-HERINGTON-DRAKE-PRENTISS 8
_________________________________________________________________ 10
A B I L L
To amend sections 1716.03 and 2915.08 of the Revised 12
Code to require that certain charitable 13
organizations applying for a bingo license
include in the application their registration and 14
financial reporting status, and to exempt certain 15
public schools and booster clubs that solicit
contributions from the requirements that they 16
file registration statements with the Attorney
General.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 18
Section 1. That sections 1716.03 and 2915.08 of the 20
Revised Code be amended to read as follows: 21
Sec. 1716.03. The following shall not be required to file 30
a registration statement as provided in section 1716.02 of the 31
Revised Code: 32
(A) Any religious agencies and organizations, and 34
charities, agencies, and organizations operated, supervised, or 35
controlled by a religious organization; 36
(B) Any charitable organization that meets all of the 38
following requirements: 39
(1) It has been in continuous existence in this state for 41
a period of at least two years; 42
(2) It has received from the internal revenue service a 44
determination letter that is currently in effect, stating that 45
the charitable organization is exempt from federal income 46
taxation under subsection 501(a) and described in subsection 47
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501(c)(3) of the Internal Revenue Code; 48
(3) It has registered with the attorney general as a 50
charitable trust pursuant to section 109.26 of the Revised Code; 51
(4) It has filed an annual report with and paid the 53
required fee to the attorney general pursuant to section 109.31 54
of the Revised Code. 55
(C) Any educational institution, when solicitation of 57
contributions is confined to alumni, faculty, trustees, or the 58
student membership and their families; 59
(D) Every person other than an individual, when 61
solicitation of contributions for a charitable purpose or on 62
behalf of a charitable organization is confined to its existing 63
membership, present or former employees, or present or former 64
trustees; 65
(E) ANY PUBLIC PRIMARY OR SECONDARY SCHOOL, WHEN 67
SOLICITATION OF CONTRIBUTIONS IS CONFINED TO ALUMNI, FACULTY, OR 68
THE GENERAL POPULATION OF THE LOCAL SCHOOL DISTRICT; 69
(F) ANY BOOSTER CLUB THAT IS ORGANIZED AND OPERATED IN 71
CONJUNCTION WITH AND FOR THE BENEFIT OF STUDENTS OF PUBLIC 72
PRIMARY OR SECONDARY SCHOOLS; 73
(G) Any charitable organization that does not receive 75
gross revenue, excluding grants or awards from the government or 76
an organization that is exempt from federal income taxation under 77
section 501(a) and described in section 501(c)(3) of the Internal 78
Revenue Code, in excess of twenty-five thousand dollars during 79
its immediately preceding fiscal year, if the organization does 80
not compensate any person primarily to solicit contributions. 81
If the gross revenue, excluding grants or awards from the 83
government or an organization that is exempt from federal income 84
taxation under section 501(a) and described in section 501(c)(3) 85
of the Internal Revenue Code, of any charitable organization 86
received during any fiscal year exceeds twenty-five thousand 87
dollars, the charitable organization, within thirty days after 88
the receipt of the revenue, shall file a registration statement 89
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with the attorney general pursuant to section 1716.02 of the 90
Revised Code. 91
Sec. 2915.08. (A) Annually before the first day of 100
January, a charitable organization that desires to conduct bingo 101
games shall make out and deliver to the attorney general, upon a 102
form to be furnished by the attorney general for that purpose, an 103
application for a license to conduct bingo and a license fee of 104
one hundred dollars or a reduced license fee established by the 105
attorney general pursuant to division (G) of this section. The 106
application shall be in the form prescribed by the attorney 107
general and shall be signed and sworn to by the applicant. 108
The application shall contain the following: 110
(1) The name and post-office address of the applicant; 112
(2) A statement that the applicant is a charitable 114
organization and that it has been in continuous existence as a 115
charitable organization in this state for two years immediately 116
preceding the making of the application or for five years in the 117
case of a fraternal organization or a nonprofit medical 118
organization; 119
(3) The location at which the organization will conduct 121
the bingo game, which location shall be within the county in 122
which the principal place of business of the applicant is 123
located, the days of the week and the times on each of those days 124
when a bingo session will be conducted, whether the organization 125
owns, leases, or subleases the premises, and a copy of the rental 126
agreement if it leases or subleases the premises; 127
(4) A statement of the applicant's previous history, 129
record, and association that is sufficient to establish that the 130
applicant is a charitable organization, and a copy of a 131
determination letter that is issued by the Internal Revenue 132
Service and states that the organization is tax exempt under 133
subsection 501(a) and described in subsection 501(c)(3), 134
501(c)(4), 501(c)(8), 501(c)(10), or 501(c)(19) of the Internal 135
Revenue Code; 136
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(5) A statement as to whether the applicant has ever had 138
any previous application refused, whether it previously has had a 139
license revoked or suspended, and the reason stated by the 140
attorney general for the refusal, revocation, or suspension; 141
(6) A statement of the charitable purpose for which the 143
bingo proceeds will be used; 144
(7) Other necessary and reasonable information that the 146
attorney general may require by rule adopted pursuant to section 147
111.15 of the Revised Code; 148
(8) IF THE APPLICANT IS A CHARITABLE TRUST AS DEFINED IN 151
SECTION 109.23 OF THE REVISED CODE, A STATEMENT AS TO WHETHER IT 152
HAS REGISTERED WITH THE ATTORNEY GENERAL PURSUANT TO SECTION 153
109.26 OF THE REVISED CODE OR FILED ANNUAL REPORTS PURSUANT TO 154
SECTION 109.31 OF THE REVISED CODE, AND, IF IT IS NOT REQUIRED TO 156
DO EITHER, THE EXEMPTION IN SECTION 109.26 OR 109.31 OF THE 157
REVISED CODE THAT APPLIES TO IT;
(9) IF THE APPLICANT IS A CHARITABLE ORGANIZATION AS 159
DEFINED IN SECTION 1716.01 OF THE REVISED CODE, A STATEMENT AS TO 160
WHETHER IT HAS FILED WITH THE ATTORNEY GENERAL A REGISTRATION 162
STATEMENT PURSUANT TO SECTION 1716.02 OF THE REVISED CODE AND A 163
FINANCIAL REPORT PURSUANT TO SECTION 1716.04 OF THE REVISED CODE, 164
AND, IF IT IS NOT REQUIRED TO DO BOTH, THE EXEMPTION IN SECTION 166
1716.03 OF THE REVISED CODE THAT APPLIES TO IT; 167
(10) In the case of an applicant seeking to qualify as a 169
youth athletic park organization under division (CC) of section 170
2915.01 of the Revised Code, a statement issued by a board or 171
body vested with authority under Chapter 755. of the Revised Code 172
for the supervision and maintenance of recreation facilities in 173
the territory in which the organization is located, certifying 174
that the playing fields owned by the organization were used for 175
at least one hundred days during the year in which the statement 176
is issued, and were open for use to all residents of that 177
territory, regardless of race, color, creed, religion, sex, or 178
national origin, for athletic activities by youth athletic 179
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organizations, as defined in division (BB) of section 2915.01 of 180
the Revised Code, that do not discriminate on the basis of race, 181
color, creed, religion, sex, or national origin, and that the 182
fields were not used for any profit-making activity at any time 183
during the year. That type of board or body is authorized to 184
issue the statement upon request and shall issue the statement if 185
it finds that the applicant's playing fields were so used. 186
The attorney general, within thirty days after receiving a 188
timely filed application from a charitable organization that has 189
been issued a bingo license that has not expired and has not been 190
revoked or suspended, shall send a temporary permit to the 191
applicant specifying the date on which the application was filed 192
with the attorney general and stating that, pursuant to section 193
119.06 of the Revised Code, the applicant may continue to conduct 194
bingo games until a new license is granted or, if the application 195
is rejected, until fifteen days after notice of the rejection is 196
mailed to the applicant. The temporary permit does not affect 197
the validity of the applicant's application and does not grant 198
any rights to the applicant except those rights specifically 199
granted in section 119.06 of the Revised Code. The issuance of a 200
temporary permit by the attorney general pursuant to this 201
paragraph does not prohibit the attorney general from rejecting 202
the applicant's application because of acts that the applicant 203
committed, or actions that he THE APPLICANT failed to take, 204
before or after the issuance of the temporary permit. 206
(B)(1) The attorney general shall adopt rules to enforce 208
sections 2915.01, 2915.02, and 2915.07 to 2915.12 of the Revised 209
Code, to ensure that bingo games are conducted in accordance with 210
those sections, and to maintain proper control over the conduct 211
of bingo games. The rules, except rules adopted pursuant to 212
division (A)(7) of this section, shall be adopted pursuant to 213
Chapter 119. of the Revised Code. The attorney general shall 214
license charitable organizations to conduct bingo games in 215
conformance with this chapter and with the licensing provisions 216
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of Chapter 119. of the Revised Code. 217
(2) The attorney general may refuse to grant a bingo 219
license to any organization, or revoke or suspend the license of 220
any organization, that does any of the following or to which any 221
of the following applies: 222
(a) Fails or has failed at any time to meet any 224
requirement of SECTION 109.26, 109.31, OR 1716.02, OR sections 225
2915.07 to 2915.11 of the Revised Code, or violates or has 227
violated any provision of sections 2915.02 or 2915.07 to 2915.12 228
of the Revised Code or any rule adopted by the attorney general 229
pursuant to this section;
(b) Makes or has made an incorrect or false statement that 231
is material to the granting of the license in an application 232
filed pursuant to division (A) of this section; 233
(c) Submits or has submitted any incorrect or false 235
information relating to an application if the information is 236
material to the granting of the license; 237
(d) Maintains or has maintained any incorrect or false 239
information that is material to the granting of the license in 240
the records required to be kept pursuant to division (A) of 241
section 2915.10 of the Revised Code, if applicable; 242
(e) The attorney general has good cause to believe will 244
not conduct its bingo games in accordance with sections 2915.02 245
and 2915.07 to 2915.12 of the Revised Code or with any rule 246
adopted by the attorney general pursuant to this section. 247
(3) For the purposes of this division, any action of an 249
officer, trustee, agent, representative, or bingo game operator 250
of an organization is an action of the organization. 251
(C) The attorney general may grant bingo licenses to 253
charitable organizations that are branches, lodges, or chapters 254
of national charitable organizations. 255
(D) The attorney general shall send notice in writing to 257
the prosecuting attorney and sheriff of the county in which the 258
organization will conduct the bingo game, as stated in its 259
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application for a license or amended license, and to any other 260
law enforcement agency in that county that so requests, of all of 261
the following: 262
(1) The issuance of the license; 264
(2) The issuance of the amended license; 266
(3) The rejection of an application for and refusal to 268
grant a license; 269
(4) The revocation of any license previously issued; 271
(5) The suspension of any license previously issued. 273
(E) A bingo license issued by the attorney general shall 275
set forth the information contained on the application of the 276
charitable organization that the attorney general determines is 277
relevant, including, but not limited to, the location at which 278
the organization will conduct the bingo game and the days of the 279
week and the times on each of those days when a bingo session 280
will be conducted. If the attorney general refuses to grant or 281
revokes or suspends a bingo license, he THE ATTORNEY GENERAL 282
shall notify the applicant in writing and specifically identify 284
the reason for the refusal, revocation, or suspension in 285
narrative form and, if applicable, by identifying the section of 286
the Revised Code violated. The failure of the attorney general 287
to give the written notice of the reasons for the refusal, 288
revocation, or suspension or a mistake in the written notice does 289
not affect the validity of the attorney general's refusal to 290
grant, or the revocation or suspension of, a bingo license. If 291
the attorney general fails to give the written notice or if there 292
is a mistake in the written notice, the applicant may bring an 293
action to compel the attorney general to comply with this 294
division or to correct the mistake, but the attorney general's 295
order refusing to grant, or revoking or suspending, a bingo 296
license shall not be enjoined during the pendency of the action. 297
(F) A charitable organization that has been issued a bingo 299
license pursuant to division (B) of this section but that cannot 300
conduct bingo sessions at the location, or on the day of the week 301
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or the time, specified on the license due to circumstances beyond 302
its control may apply, without charge, in writing to the attorney 303
general for an amended bingo license. The application shall 304
describe in detail the causes making it impossible for the 305
organization to conduct its bingo sessions in conformity with its 306
license and shall indicate the location, days of the week, and 307
times on each of those days when it desires to conduct a bingo 308
session. If the attorney general approves the application for 309
the amended license, he THE ATTORNEY GENERAL shall issue the 310
amended license in accordance with division (E) of this section, 311
and the organization shall surrender its original license to the 312
attorney general. The attorney general shall refuse to grant an 313
application for an amended bingo license according to the terms 314
of division (B) of this section. 315
(G) The attorney general, by rule adopted pursuant to 317
section 111.15 of the Revised Code, shall establish a schedule of 318
reduced license fees for charitable organizations that desire to 319
conduct bingo games during fewer than twenty-six weeks in any 320
calendar year. 321
Section 2. That existing sections 1716.03 and 2915.08 of 323
the Revised Code are hereby repealed. 324