As Passed by the House 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
REPRESENTATIVES WILLAMOWSKI-FERDERBER-AUSTRIA-MOTTLEY-SCHULER- 9
PERRY-VESPER-BOYD-JACOBSON-O'BRIEN-COLLIER-BRADING-BARRETT- 10
BRITTON-VERICH 11
_________________________________________________________________ 12
A B I L L
To amend sections 1716.03 and 2915.08 of the Revised 14
Code to require that certain charitable 15
organizations applying for a bingo license
include in the application their registration and 16
financial reporting status, and to exempt certain 17
public schools and booster clubs that solicit
contributions from the requirements that they 18
file registration statements with the Attorney
General.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 20
Section 1. That sections 1716.03 and 2915.08 of the 22
Revised Code be amended to read as follows: 23
Sec. 1716.03. The following shall not be required to file 32
a registration statement as provided in section 1716.02 of the 33
Revised Code: 34
(A) Any religious agencies and organizations, and 36
charities, agencies, and organizations operated, supervised, or 37
controlled by a religious organization; 38
(B) Any charitable organization that meets all of the 40
following requirements: 41
(1) It has been in continuous existence in this state for 43
a period of at least two years; 44
(2) It has received from the internal revenue service a 46
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determination letter that is currently in effect, stating that 47
the charitable organization is exempt from federal income 48
taxation under subsection 501(a) and described in subsection 49
501(c)(3) of the Internal Revenue Code; 50
(3) It has registered with the attorney general as a 52
charitable trust pursuant to section 109.26 of the Revised Code; 53
(4) It has filed an annual report with and paid the 55
required fee to the attorney general pursuant to section 109.31 56
of the Revised Code. 57
(C) Any educational institution, when solicitation of 59
contributions is confined to alumni, faculty, trustees, or the 60
student membership and their families; 61
(D) Every person other than an individual, when 63
solicitation of contributions for a charitable purpose or on 64
behalf of a charitable organization is confined to its existing 65
membership, present or former employees, or present or former 66
trustees; 67
(E) ANY PUBLIC PRIMARY OR SECONDARY SCHOOL, WHEN 69
SOLICITATION OF CONTRIBUTIONS IS CONFINED TO ALUMNI, FACULTY, OR 70
THE GENERAL POPULATION OF THE LOCAL SCHOOL DISTRICT; 71
(F) ANY BOOSTER CLUB THAT IS ORGANIZED AND OPERATED IN 73
CONJUNCTION WITH AND FOR THE BENEFIT OF STUDENTS OF PUBLIC 74
PRIMARY OR SECONDARY SCHOOLS; 75
(G) Any charitable organization that does not receive 77
gross revenue, excluding grants or awards from the government or 78
an organization that is exempt from federal income taxation under 79
section 501(a) and described in section 501(c)(3) of the Internal 80
Revenue Code, in excess of twenty-five thousand dollars during 81
its immediately preceding fiscal year, if the organization does 82
not compensate any person primarily to solicit contributions. 83
If the gross revenue, excluding grants or awards from the 85
government or an organization that is exempt from federal income 86
taxation under section 501(a) and described in section 501(c)(3) 87
of the Internal Revenue Code, of any charitable organization 88
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received during any fiscal year exceeds twenty-five thousand 89
dollars, the charitable organization, within thirty days after 90
the receipt of the revenue, shall file a registration statement 91
with the attorney general pursuant to section 1716.02 of the 92
Revised Code. 93
Sec. 2915.08. (A) Annually before the first day of 102
January, a charitable organization that desires to conduct bingo 103
games shall make out and deliver to the attorney general, upon a 104
form to be furnished by the attorney general for that purpose, an 105
application for a license to conduct bingo and a license fee of 106
one hundred dollars or a reduced license fee established by the 107
attorney general pursuant to division (G) of this section. The 108
application shall be in the form prescribed by the attorney 109
general and shall be signed and sworn to by the applicant. 110
The application shall contain the following: 112
(1) The name and post-office address of the applicant; 114
(2) A statement that the applicant is a charitable 116
organization and that it has been in continuous existence as a 117
charitable organization in this state for two years immediately 118
preceding the making of the application or for five years in the 119
case of a fraternal organization or a nonprofit medical 120
organization; 121
(3) The location at which the organization will conduct 123
the bingo game, which location shall be within the county in 124
which the principal place of business of the applicant is 125
located, the days of the week and the times on each of those days 126
when a bingo session will be conducted, whether the organization 127
owns, leases, or subleases the premises, and a copy of the rental 128
agreement if it leases or subleases the premises; 129
(4) A statement of the applicant's previous history, 131
record, and association that is sufficient to establish that the 132
applicant is a charitable organization, and a copy of a 133
determination letter that is issued by the Internal Revenue 134
Service and states that the organization is tax exempt under 135
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subsection 501(a) and described in subsection 501(c)(3), 136
501(c)(4), 501(c)(8), 501(c)(10), or 501(c)(19) of the Internal 137
Revenue Code; 138
(5) A statement as to whether the applicant has ever had 140
any previous application refused, whether it previously has had a 141
license revoked or suspended, and the reason stated by the 142
attorney general for the refusal, revocation, or suspension; 143
(6) A statement of the charitable purpose for which the 145
bingo proceeds will be used; 146
(7) Other necessary and reasonable information that the 148
attorney general may require by rule adopted pursuant to section 149
111.15 of the Revised Code; 150
(8) IF THE APPLICANT IS A CHARITABLE TRUST AS DEFINED IN 153
SECTION 109.23 OF THE REVISED CODE, A STATEMENT AS TO WHETHER IT 154
HAS REGISTERED WITH THE ATTORNEY GENERAL PURSUANT TO SECTION 155
109.26 OF THE REVISED CODE OR FILED ANNUAL REPORTS PURSUANT TO 156
SECTION 109.31 OF THE REVISED CODE, AND, IF IT IS NOT REQUIRED TO 158
DO EITHER, THE EXEMPTION IN SECTION 109.26 OR 109.31 OF THE 159
REVISED CODE THAT APPLIES TO IT;
(9) IF THE APPLICANT IS A CHARITABLE ORGANIZATION AS 161
DEFINED IN SECTION 1716.01 OF THE REVISED CODE, A STATEMENT AS TO 162
WHETHER IT HAS FILED WITH THE ATTORNEY GENERAL A REGISTRATION 164
STATEMENT PURSUANT TO SECTION 1716.02 OF THE REVISED CODE AND A 165
FINANCIAL REPORT PURSUANT TO SECTION 1716.04 OF THE REVISED CODE, 166
AND, IF IT IS NOT REQUIRED TO DO BOTH, THE EXEMPTION IN SECTION 168
1716.03 OF THE REVISED CODE THAT APPLIES TO IT; 169
(10) In the case of an applicant seeking to qualify as a 171
youth athletic park organization under division (CC) of section 172
2915.01 of the Revised Code, a statement issued by a board or 173
body vested with authority under Chapter 755. of the Revised Code 174
for the supervision and maintenance of recreation facilities in 175
the territory in which the organization is located, certifying 176
that the playing fields owned by the organization were used for 177
at least one hundred days during the year in which the statement 178
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is issued, and were open for use to all residents of that 179
territory, regardless of race, color, creed, religion, sex, or 180
national origin, for athletic activities by youth athletic 181
organizations, as defined in division (BB) of section 2915.01 of 182
the Revised Code, that do not discriminate on the basis of race, 183
color, creed, religion, sex, or national origin, and that the 184
fields were not used for any profit-making activity at any time 185
during the year. That type of board or body is authorized to 186
issue the statement upon request and shall issue the statement if 187
it finds that the applicant's playing fields were so used. 188
The attorney general, within thirty days after receiving a 190
timely filed application from a charitable organization that has 191
been issued a bingo license that has not expired and has not been 192
revoked or suspended, shall send a temporary permit to the 193
applicant specifying the date on which the application was filed 194
with the attorney general and stating that, pursuant to section 195
119.06 of the Revised Code, the applicant may continue to conduct 196
bingo games until a new license is granted or, if the application 197
is rejected, until fifteen days after notice of the rejection is 198
mailed to the applicant. The temporary permit does not affect 199
the validity of the applicant's application and does not grant 200
any rights to the applicant except those rights specifically 201
granted in section 119.06 of the Revised Code. The issuance of a 202
temporary permit by the attorney general pursuant to this 203
paragraph does not prohibit the attorney general from rejecting 204
the applicant's application because of acts that the applicant 205
committed, or actions that he THE APPLICANT failed to take, 206
before or after the issuance of the temporary permit. 208
(B)(1) The attorney general shall adopt rules to enforce 210
sections 2915.01, 2915.02, and 2915.07 to 2915.12 of the Revised 211
Code, to ensure that bingo games are conducted in accordance with 212
those sections, and to maintain proper control over the conduct 213
of bingo games. The rules, except rules adopted pursuant to 214
division (A)(7) of this section, shall be adopted pursuant to 215
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Chapter 119. of the Revised Code. The attorney general shall 216
license charitable organizations to conduct bingo games in 217
conformance with this chapter and with the licensing provisions 218
of Chapter 119. of the Revised Code. 219
(2) The attorney general may refuse to grant a bingo 221
license to any organization, or revoke or suspend the license of 222
any organization, that does any of the following or to which any 223
of the following applies: 224
(a) Fails or has failed at any time to meet any 226
requirement of SECTION 109.26, 109.31, OR 1716.02, OR sections 227
2915.07 to 2915.11 of the Revised Code, or violates or has 229
violated any provision of sections 2915.02 or 2915.07 to 2915.12 230
of the Revised Code or any rule adopted by the attorney general 231
pursuant to this section;
(b) Makes or has made an incorrect or false statement that 233
is material to the granting of the license in an application 234
filed pursuant to division (A) of this section; 235
(c) Submits or has submitted any incorrect or false 237
information relating to an application if the information is 238
material to the granting of the license; 239
(d) Maintains or has maintained any incorrect or false 241
information that is material to the granting of the license in 242
the records required to be kept pursuant to division (A) of 243
section 2915.10 of the Revised Code, if applicable; 244
(e) The attorney general has good cause to believe will 246
not conduct its bingo games in accordance with sections 2915.02 247
and 2915.07 to 2915.12 of the Revised Code or with any rule 248
adopted by the attorney general pursuant to this section. 249
(3) For the purposes of this division, any action of an 251
officer, trustee, agent, representative, or bingo game operator 252
of an organization is an action of the organization. 253
(C) The attorney general may grant bingo licenses to 255
charitable organizations that are branches, lodges, or chapters 256
of national charitable organizations. 257
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(D) The attorney general shall send notice in writing to 259
the prosecuting attorney and sheriff of the county in which the 260
organization will conduct the bingo game, as stated in its 261
application for a license or amended license, and to any other 262
law enforcement agency in that county that so requests, of all of 263
the following: 264
(1) The issuance of the license; 266
(2) The issuance of the amended license; 268
(3) The rejection of an application for and refusal to 270
grant a license; 271
(4) The revocation of any license previously issued; 273
(5) The suspension of any license previously issued. 275
(E) A bingo license issued by the attorney general shall 277
set forth the information contained on the application of the 278
charitable organization that the attorney general determines is 279
relevant, including, but not limited to, the location at which 280
the organization will conduct the bingo game and the days of the 281
week and the times on each of those days when a bingo session 282
will be conducted. If the attorney general refuses to grant or 283
revokes or suspends a bingo license, he THE ATTORNEY GENERAL 284
shall notify the applicant in writing and specifically identify 286
the reason for the refusal, revocation, or suspension in 287
narrative form and, if applicable, by identifying the section of 288
the Revised Code violated. The failure of the attorney general 289
to give the written notice of the reasons for the refusal, 290
revocation, or suspension or a mistake in the written notice does 291
not affect the validity of the attorney general's refusal to 292
grant, or the revocation or suspension of, a bingo license. If 293
the attorney general fails to give the written notice or if there 294
is a mistake in the written notice, the applicant may bring an 295
action to compel the attorney general to comply with this 296
division or to correct the mistake, but the attorney general's 297
order refusing to grant, or revoking or suspending, a bingo 298
license shall not be enjoined during the pendency of the action. 299
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(F) A charitable organization that has been issued a bingo 301
license pursuant to division (B) of this section but that cannot 302
conduct bingo sessions at the location, or on the day of the week 303
or the time, specified on the license due to circumstances beyond 304
its control may apply, without charge, in writing to the attorney 305
general for an amended bingo license. The application shall 306
describe in detail the causes making it impossible for the 307
organization to conduct its bingo sessions in conformity with its 308
license and shall indicate the location, days of the week, and 309
times on each of those days when it desires to conduct a bingo 310
session. If the attorney general approves the application for 311
the amended license, he THE ATTORNEY GENERAL shall issue the 312
amended license in accordance with division (E) of this section, 313
and the organization shall surrender its original license to the 314
attorney general. The attorney general shall refuse to grant an 315
application for an amended bingo license according to the terms 316
of division (B) of this section. 317
(G) The attorney general, by rule adopted pursuant to 319
section 111.15 of the Revised Code, shall establish a schedule of 320
reduced license fees for charitable organizations that desire to 321
conduct bingo games during fewer than twenty-six weeks in any 322
calendar year. 323
Section 2. That existing sections 1716.03 and 2915.08 of 325
the Revised Code are hereby repealed. 326