H. B. No. 546 As Introduced

Representatives Dolan, Boccieri, Trakas, Evans, D., Seitz, Setzer, Hartnett, Allen, Yuko, Walcher, Chandler, Collier, Cassell, Aslanides, Schlichter, Willamowski, Combs, Widener, McGregor, J.

A BILL

To amend section 3769.083 and to enact section 1
3769.22 of the Revised Code to authorize the State 2
Racing Commission to enter into the National 3
Racing Compact in order to provide for the 4
licensure and regulation of individuals involved 5
in the horse racing industry in the Compact states 6
in a specified manner, to change the definition of 7
"Ohio foaled horse," to specify that a 8
thoroughbred mare may leave Ohio for breeding 9
purposes with the Commission's permission and if 10
the mare returns immediately after that activity, 11
and to require that all investment earnings on 12
cash balances in the Ohio Thoroughbred Race Fund 13
be credited to the Fund. 14

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That section 3769.083 be amended and section 15
3769.22 of the Revised Code be enacted to read as follows: 16

       Sec. 3769.083. (A) As used in this section: 17

       (1) An "accredited Ohio thoroughbred horse" means a horse 18
conceived in this state and born in this state which is both of 19
the following: 20

       (a) Born of a mare that is domiciled in this state at the 21
time of ~~such~~the horse's conception, that remains continuously in 22
the state through the date on which ~~such~~the horse is born, and 23
that is registered as required by the rules of the state racing 24
commission; 25

       (b) By a stallion that stands for breeding purposes only in 26
this state in the year in which ~~such~~the horse is conceived, and 27
that is registered as required by the rules of the ~~racing~~ 28
commission. 29

       (2) An "Ohio foaled horse" means a horse registered as 30
required by the rules of the state racing commission which is 31
either of the following: 32

       (a) A horse born of a mare ~~which~~that enters this state ~~on or~~ 33
before ~~the fifteenth day of July of the year in which the horse is~~ 34
~~conceived~~foaling and remains continuously in this state until the 35
horse is born; 36

       (b) A thoroughbred foal produced within the state by any 37
broodmare shipped into the state to foal and be bred to a 38
registered Ohio stallion. To qualify this foal as an Ohio foaled 39
horse, the broodmare shall remain in ~~Ohio~~this state one year 40
continuously after foaling or continuously through foaling to the 41
cover of the Ohio stallion, whichever is sooner. All horses 42
previously registered as Ohio conceived and foaled shall be 43
considered as Ohio foaled horses effective January 1, 1976. 44

       Any thoroughbred mare may leave ~~Ohio~~this state for ~~such~~ 45
periods of time for purposes of ~~such~~ activities such as veterinary 46
treatment or surgery, sales purposes, breeding purposes, racing 47
purposes, and similar activities if permission is granted by the 48
state racing commission and the mare is returned to ~~Ohio~~this 49
state immediately upon the conclusion of the requested activity. 50

       (3) "Horse," "stallion," "mare," or "foal" means a horse of 51
the thoroughbred breed as distinguished from a horse of the 52
standard breed or any other breed, and "race" means a race for 53
thoroughbred horses conducted by a permit holder of the state 54
racing commission. 55

       (4) "Horse" includes animals of all ages and of both sexes. 56

       (B) There is hereby created in the state treasury the Ohio 57
thoroughbred race fund, to consist of moneys paid into it pursuant 58
to sections 3769.08 and 3769.087 of the Revised Code. All 59
investment earnings on the cash balances in the fund shall be 60
credited to it. Moneys to the credit of the fund shall be 61
distributed on order of the state racing commission. The 62
commission ~~shall~~, with the advice and assistance of the Ohio 63
thoroughbred racing advisory committee, shall use ~~this~~the fund, 64
except as provided in divisions (C)(2),and (3), and (D) of this 65
section, to promote races and provide purses for ~~such~~ races for 66
horses in the following classes: 67

       (1) Accredited Ohio thoroughbred horses; 68

       (2) Ohio foaled horses. 69

       Not less than ten nor more than twenty-five per cent of the 70
total money to be paid from the fund for all types of races shall 71
be allocated to races restricted to accredited Ohio thoroughbred 72
horses. The commission may combine the classes of horses described 73
in divisions (B)(1) and (2) of this section in one race, except in 74
~~stake~~stakes races. 75

       (C)(1) Each permit holder conducting thoroughbred races shall 76
schedule races each week for horses in the classes named in 77
division (B) of this section; the number of ~~such~~the races shall 78
be prescribed by the state racing commission. The commission 79
~~shall~~, pursuant to division (B) of this section, shall prescribe 80
the class or classes of ~~such~~the races to be held by each permit 81
holder and ~~shall~~, with the advice of the Ohio thoroughbred racing 82
advisory committee, shall fix the dates and conditions of ~~such~~the 83
races and the amount of moneys to be paid from the Ohio 84
thoroughbred race fund to be added in each ~~such~~ race to the 85
minimum purse established by the permit holder for the class of 86
race held. 87

       (2) The commission ~~may~~, with the advice of the Ohio 88
thoroughbred racing advisory committee, may provide for ~~stake~~ 89
stakes races to be run each year, and fix the number of ~~such~~ 90
stakes races and the time, place, and conditions under which each 91
shall be run. The commission shall fix the amount of moneys to be 92
paid from the Ohio thoroughbred race fund to be added to the purse 93
provided for each ~~such~~stakes race by the permit holder, except 94
that, in at least four ~~such stake~~stakes races each year, the 95
commission shall require, if four ~~such~~stakes races can be 96
arranged, ~~require~~ that the permit holder conducting the ~~stake~~ 97
stakes race provide no less than fifteen thousand dollars for the 98
purse for ~~such stake~~the stakes race, and the commission shall 99
provide moneys from the fund to be added to ~~such~~the purse in an 100
amount equal to or greater than the amount provided by the permit 101
holder. The commission may require a nominating, sustaining, and 102
entry fee not to exceed one per cent of the money added from the 103
fund for each horse in any ~~such stake~~stakes race, which fee shall 104
be added to the purse for the race. 105

       Stakes races where money is added from the Ohio thoroughbred 106
race fund shall be open only to accredited Ohio thoroughbred 107
horses and Ohio foaled horses. Twenty-five per cent of the total 108
moneys to be paid from the fund for stakes races shall be 109
allocated to races for only accredited Ohio thoroughbred horses. 110
The commission may require a nominating, sustaining, and entry 111
fee, not to exceed one per cent of the money added from the fund, 112
for each horse in any ~~such stake race~~of these stakes races. These 113
fees shall be accumulated by the commission, and shall be paid out 114
by the commission at its discretion as part of the purse money for 115
additional races. 116

       (3) The commission may pay from the Ohio thoroughbred race 117
fund to the breeder of a horse of class (1) or (2) of division (B) 118
of this section winning first, second, or third prize money of a 119
purse for a thoroughbred race an amount not to exceed fifteen per 120
cent of the first, second, or third prize money of ~~such~~the purse. 121
For the purposes of this division, the term "breeder" shall be 122
defined by rule of the commission. 123

       The commission ~~may~~ also may provide for stallion owners' 124
awards in an amount equal to not less than three nor more than ten 125
per cent of the first, second, or third place share of the purse. 126
The award shall be paid to the owner of the stallion, ~~providing~~ 127
provided that the stallion was standing in ~~Ohio~~this state as 128
provided in division (A)(1)(b) of this section at the time the 129
horse placing first, second, or third was conceived. 130

       (D) The state racing commission may provide for the 131
expenditure of moneys from the Ohio thoroughbred race fund in an 132
amount not to exceed in any one calendar year ten per cent of the 133
total amount received in the account that year to provide for 134
research projects directed toward improving the breeding, raising, 135
racing, and health and soundness of thoroughbred horses in the 136
state and toward education or promotion of the industry. Research 137
for which ~~such funds~~the moneys from the fund may be used may 138
include, but shall not be limited to, studies of pre-race blood 139
testing, post-race testing, improvement of the breed, and 140
nutrition. 141

       (E) The state racing commission shall appoint ~~such~~ qualified 142
personnel as may be required to supervise registration of horses 143
under the terms of this section, to determine the eligibility of 144
horses for accredited Ohio thoroughbred races, Ohio foaled races, 145
and the ~~stake~~stakes races authorized by division (C)(2) of this 146
section, and to assist the Ohio thoroughbred racing advisory 147
committee and the commission in determining the conditions, class, 148
and quality of the race program to be established under this 149
section so as to carry out the purposes of this section. ~~Such~~ 150
~~persons~~The personnel shall serve at the pleasure of the 151
commission, and compensation shall be fixed by the commission. The 152
compensation of ~~such~~the personnel and necessary expenses shall be 153
paid out of the Ohio thoroughbred race fund. 154

       The commission shall adopt ~~such~~ rules as are necessary to 155
carry out this section and shall administer the ~~stake~~stakes race 156
program and other races supported by the Ohio thoroughbred race 157
~~special account~~fund in a manner best designed to aid in the 158
development of the thoroughbred horse industry in the state, to 159
upgrade the quality of horse racing in the state, and to improve 160
the quality of horses conceived and foaled in the state. 161

       Sec. 3769.22. (A) The general assembly finds and declares all 162
of the following: 163

        (1) A national racing compact, comprised of states that are 164
party to the compact, exists to provide for the licensure and 165
regulation of individuals involved in the horse and greyhound 166
racing industries. 167

        (2) The intent of the compact is to prevent individual 168
owners, trainers, jockeys, drivers, backstretch employees, 169
totalizator employees, farriers, concessionaires, veterinarians, 170
and other persons involved in live horse or greyhound racing upon 171
which pari-mutuel wagering is conducted from having to be licensed 172
in each state in which they may conduct business. 173

       (3) The compact authorizes the individuals described in 174
division (A)(2) of this section to be licensed in occupational 175
categories established by the compact committee that oversees the 176
compact and, thus, to be able to practice their occupation in all 177
states that are parties to the compact. 178

        (4) The purposes of the compact are to do all of the 179
following: 180

        (a) Establish uniform requirements among the states that are 181
parties to the compact for the licensure of the individuals 182
described in division (A)(2) of this section and to ensure that 183
all of those individuals licensed pursuant to the compact meet a 184
uniform minimum standard of honesty and integrity; 185

        (b) Facilitate the growth of the horse and greyhound racing 186
industry in each state that is a party to the compact and 187
throughout the country by simplifying the licensing process for 188
the individuals described in division (A)(4)(a) of this section 189
and by reducing the duplicative and costly process of separate 190
licensing by the applicable agency in each state that is a party 191
to the compact; 192

        (c) Provide for participation in the compact by officials of 193
the states that are parties to the compact, and permit those 194
officials, through the compact committee established by the 195
compact, to enter into contracts with governmental agencies and 196
nongovernmental persons and entities to carry out the purposes of 197
the compact; 198

        (d) Establish the compact committee as an interstate 199
governmental entity authorized to request and receive criminal 200
record history information from the federal bureau of 201
investigation, other federal law enforcement agencies, the royal 202
Canadian mounted police, law enforcement agencies of other 203
nations, and state and local law enforcement agencies. 204

        (5) Both of the following apply under the compact: 205

        (a) No state that is party to the compact, including that 206
state's racing commission or equivalent agency, is liable for the 207
debts or other financial obligations incurred by the compact 208
committee. 209

        (b) No official of a state that is a party to the compact or 210
employee of the compact committee is personally liable for any act 211
the official or employee performs or omits to perform in good 212
faith while carrying out the official's or employee's 213
responsibilities and duties under the compact. 214

       (B)(1) The state racing commission is hereby authorized to 215
enter into and participate in the compact described in division 216
(A) of this section for the purposes described in that division. 217

        (2) The participation of this state and the commission in the 218
compact shall not have any of the following consequences: 219

        (a) Result in the diminution of any applicable existing 220
standards governing the issuance, denial, suspension, or 221
revocation of a license issued under section 3769.03 of the 222
Revised Code; 223

        (b) Prevent the enforcement of any statute or rule affecting 224
the holder of any such license; 225

        (c) Relieve any individual or entity of its duty to obtain 226
any such license or pay any license fee; 227

        (d) Make the state or the commission liable for the debts or 228
other financial obligations incurred by the compact committee; 229

        (e) Make any officer or employee of this state personally 230
liable for any act the official or employee performs or omits to 231
perform in good faith while carrying out the official's or 232
employee's responsibilities and duties under the compact. 233

        (3) The commission shall designate an individual to represent 234
this state and the commission on the compact committee in the 235
administration of the compact. 236

       Section 2. That existing section 3769.083 of the Revised Code 237
is hereby repealed. 238

Section 1. That section 3769.083 be amended and section	15
3769.22 of the Revised Code be enacted to read as follows:	16

(1) An "accredited Ohio thoroughbred horse" means a horse	18
conceived in this state and born in this state which is both of	19
the following:	20

(a) Born of a mare that is domiciled in this state at the	21
time of ~~such~~the horse's conception, that remains continuously in	22
the state through the date on which ~~such~~the horse is born, and	23
that is registered as required by the rules of the state racing	24
commission;	25

(b) By a stallion that stands for breeding purposes only in	26
this state in the year in which ~~such~~the horse is conceived, and	27
that is registered as required by the rules of the ~~racing~~	28
commission.	29

(2) An "Ohio foaled horse" means a horse registered as	30
required by the rules of the state racing commission which is	31
either of the following:	32

(a) A horse born of a mare ~~which~~that enters this state ~~on or~~	33
before ~~the fifteenth day of July of the year in which the horse is~~	34
~~conceived~~foaling and remains continuously in this state until the	35
horse is born;	36

(b) A thoroughbred foal produced within the state by any	37
broodmare shipped into the state to foal and be bred to a	38
registered Ohio stallion. To qualify this foal as an Ohio foaled	39
horse, the broodmare shall remain in ~~Ohio~~this state one year	40
continuously after foaling or continuously through foaling to the	41
cover of the Ohio stallion, whichever is sooner. All horses	42
previously registered as Ohio conceived and foaled shall be	43
considered as Ohio foaled horses effective January 1, 1976.	44

Any thoroughbred mare may leave ~~Ohio~~this state for ~~such~~	45
periods of time for purposes of ~~such~~ activities such as veterinary	46
treatment or surgery, sales purposes, breeding purposes, racing	47
purposes, and similar activities if permission is granted by the	48
state racing commission and the mare is returned to ~~Ohio~~this	49
state immediately upon the conclusion of the requested activity.	50

(3) "Horse," "stallion," "mare," or "foal" means a horse of	51
the thoroughbred breed as distinguished from a horse of the	52
standard breed or any other breed, and "race" means a race for	53
thoroughbred horses conducted by a permit holder of the state	54
racing commission.	55

(B) There is hereby created in the state treasury the Ohio	57
thoroughbred race fund, to consist of moneys paid into it pursuant	58
to sections 3769.08 and 3769.087 of the Revised Code. All	59
investment earnings on the cash balances in the fund shall be	60
credited to it. Moneys to the credit of the fund shall be	61
distributed on order of the state racing commission. The	62
commission ~~shall~~, with the advice and assistance of the Ohio	63
thoroughbred racing advisory committee, shall use ~~this~~the fund,	64
except as provided in divisions (C)(2),and (3), and (D) of this	65
section, to promote races and provide purses for ~~such~~ races for	66
horses in the following classes:	67

Not less than ten nor more than twenty-five per cent of the	70
total money to be paid from the fund for all types of races shall	71
be allocated to races restricted to accredited Ohio thoroughbred	72
horses. The commission may combine the classes of horses described	73
in divisions (B)(1) and (2) of this section in one race, except in	74
~~stake~~stakes races.	75

(C)(1) Each permit holder conducting thoroughbred races shall	76
schedule races each week for horses in the classes named in	77
division (B) of this section; the number of ~~such~~the races shall	78
be prescribed by the state racing commission. The commission	79
~~shall~~, pursuant to division (B) of this section, shall prescribe	80
the class or classes of ~~such~~the races to be held by each permit	81
holder and ~~shall~~, with the advice of the Ohio thoroughbred racing	82
advisory committee, shall fix the dates and conditions of ~~such~~the	83
races and the amount of moneys to be paid from the Ohio	84
thoroughbred race fund to be added in each ~~such~~ race to the	85
minimum purse established by the permit holder for the class of	86
race held.	87

(2) The commission ~~may~~, with the advice of the Ohio	88
thoroughbred racing advisory committee, may provide for ~~stake~~	89
stakes races to be run each year, and fix the number of ~~such~~	90
stakes races and the time, place, and conditions under which each	91
shall be run. The commission shall fix the amount of moneys to be	92
paid from the Ohio thoroughbred race fund to be added to the purse	93
provided for each ~~such~~stakes race by the permit holder, except	94
that, in at least four ~~such stake~~stakes races each year, the	95
commission shall require, if four ~~such~~stakes races can be	96
arranged, ~~require~~ that the permit holder conducting the ~~stake~~	97
stakes race provide no less than fifteen thousand dollars for the	98
purse for ~~such stake~~the stakes race, and the commission shall	99
provide moneys from the fund to be added to ~~such~~the purse in an	100
amount equal to or greater than the amount provided by the permit	101
holder. The commission may require a nominating, sustaining, and	102
entry fee not to exceed one per cent of the money added from the	103
fund for each horse in any ~~such stake~~stakes race, which fee shall	104
be added to the purse for the race.	105

Stakes races where money is added from the Ohio thoroughbred	106
race fund shall be open only to accredited Ohio thoroughbred	107
horses and Ohio foaled horses. Twenty-five per cent of the total	108
moneys to be paid from the fund for stakes races shall be	109
allocated to races for only accredited Ohio thoroughbred horses.	110
The commission may require a nominating, sustaining, and entry	111
fee, not to exceed one per cent of the money added from the fund,	112
for each horse in any ~~such stake race~~of these stakes races. These	113
fees shall be accumulated by the commission, and shall be paid out	114
by the commission at its discretion as part of the purse money for	115
additional races.	116

(3) The commission may pay from the Ohio thoroughbred race	117
fund to the breeder of a horse of class (1) or (2) of division (B)	118
of this section winning first, second, or third prize money of a	119
purse for a thoroughbred race an amount not to exceed fifteen per	120
cent of the first, second, or third prize money of ~~such~~the purse.	121
For the purposes of this division, the term "breeder" shall be	122
defined by rule of the commission.	123

The commission ~~may~~ also may provide for stallion owners'	124
awards in an amount equal to not less than three nor more than ten	125
per cent of the first, second, or third place share of the purse.	126
The award shall be paid to the owner of the stallion, ~~providing~~	127
provided that the stallion was standing in ~~Ohio~~this state as	128
provided in division (A)(1)(b) of this section at the time the	129
horse placing first, second, or third was conceived.	130

(D) The state racing commission may provide for the	131
expenditure of moneys from the Ohio thoroughbred race fund in an	132
amount not to exceed in any one calendar year ten per cent of the	133
total amount received in the account that year to provide for	134
research projects directed toward improving the breeding, raising,	135
racing, and health and soundness of thoroughbred horses in the	136
state and toward education or promotion of the industry. Research	137
for which ~~such funds~~the moneys from the fund may be used may	138
include, but shall not be limited to, studies of pre-race blood	139
testing, post-race testing, improvement of the breed, and	140
nutrition.	141

(E) The state racing commission shall appoint ~~such~~ qualified	142
personnel as may be required to supervise registration of horses	143
under the terms of this section, to determine the eligibility of	144
horses for accredited Ohio thoroughbred races, Ohio foaled races,	145
and the ~~stake~~stakes races authorized by division (C)(2) of this	146
section, and to assist the Ohio thoroughbred racing advisory	147
committee and the commission in determining the conditions, class,	148
and quality of the race program to be established under this	149
section so as to carry out the purposes of this section. ~~Such~~	150
~~persons~~The personnel shall serve at the pleasure of the	151
commission, and compensation shall be fixed by the commission. The	152
compensation of ~~such~~the personnel and necessary expenses shall be	153
paid out of the Ohio thoroughbred race fund.	154

The commission shall adopt ~~such~~ rules as are necessary to	155
carry out this section and shall administer the ~~stake~~stakes race	156
program and other races supported by the Ohio thoroughbred race	157
~~special account~~fund in a manner best designed to aid in the	158
development of the thoroughbred horse industry in the state, to	159
upgrade the quality of horse racing in the state, and to improve	160
the quality of horses conceived and foaled in the state.	161

Sec. 3769.22. (A) The general assembly finds and declares all	162
of the following:	163

(1) A national racing compact, comprised of states that are	164
party to the compact, exists to provide for the licensure and	165
regulation of individuals involved in the horse and greyhound	166
racing industries.	167

(2) The intent of the compact is to prevent individual	168
owners, trainers, jockeys, drivers, backstretch employees,	169
totalizator employees, farriers, concessionaires, veterinarians,	170
and other persons involved in live horse or greyhound racing upon	171
which pari-mutuel wagering is conducted from having to be licensed	172
in each state in which they may conduct business.	173

(3) The compact authorizes the individuals described in	174
division (A)(2) of this section to be licensed in occupational	175
categories established by the compact committee that oversees the	176
compact and, thus, to be able to practice their occupation in all	177
states that are parties to the compact.	178

(4) The purposes of the compact are to do all of the	179
following:	180

(a) Establish uniform requirements among the states that are	181
parties to the compact for the licensure of the individuals	182
described in division (A)(2) of this section and to ensure that	183
all of those individuals licensed pursuant to the compact meet a	184
uniform minimum standard of honesty and integrity;	185

(b) Facilitate the growth of the horse and greyhound racing	186
industry in each state that is a party to the compact and	187
throughout the country by simplifying the licensing process for	188
the individuals described in division (A)(4)(a) of this section	189
and by reducing the duplicative and costly process of separate	190
licensing by the applicable agency in each state that is a party	191
to the compact;	192

(c) Provide for participation in the compact by officials of	193
the states that are parties to the compact, and permit those	194
officials, through the compact committee established by the	195
compact, to enter into contracts with governmental agencies and	196
nongovernmental persons and entities to carry out the purposes of	197
the compact;	198

(d) Establish the compact committee as an interstate	199
governmental entity authorized to request and receive criminal	200
record history information from the federal bureau of	201
investigation, other federal law enforcement agencies, the royal	202
Canadian mounted police, law enforcement agencies of other	203
nations, and state and local law enforcement agencies.	204

(a) No state that is party to the compact, including that	206
state's racing commission or equivalent agency, is liable for the	207
debts or other financial obligations incurred by the compact	208
committee.	209

(b) No official of a state that is a party to the compact or	210
employee of the compact committee is personally liable for any act	211
the official or employee performs or omits to perform in good	212
faith while carrying out the official's or employee's	213
responsibilities and duties under the compact.	214