Am. Sub. H. B. No. 519 As Reported by the Committee of Conference

As Reported by the Committee of Conference

128th General Assembly

Regular Session

2009-2010

Am. Sub. H. B. No. 519

Representatives Yuko, Book

Cosponsors: Representatives Luckie, Celeste, Garland, Weddington, Driehaus, Boyd, DeBose, Foley, Harris, Letson, Mallory, Reece, Stewart, Szollosi, Williams, B., Winburn
Senators Niehaus, Faber, Goodman, Harris

A BILL

To amend sections 101.70, 102.02, 102.03, 109.31,

109.572, 109.71, 109.77, 109.79, 121.41, 121.60,

1705.48, 2915.01, 2915.02, 2915.081, 2915.082,

2915.09, 2915.091, 2915.101, 3793.02, 4301.355,

4301.62, 4303.181, 4303.182, 4303.30, 5502.03,

5703.052, 5703.19, 5703.21, 5703.70, 5747.01,

5747.02, 5747.20, and 5747.98 and to enact

sections 3517.1015, 3772.01 to 3772.03, 3772.031,

3772.032, 3772.033, 3772.034, 3772.04, 3772.05,

3772.051, 3772.06, 3772.061, 3772.062, 3772.07,

3772.08, 3772.09, 3772.091, 3772.10, 3772.11,

3772.111, 3772.112, 3772.12, 3772.121, 3772.13,

3772.131, 3772.14 to 3772.33, 3772.99, 3793.032,

5747.063, 5753.01 to 5753.06, 5753.061, and

5753.07 to 5753.10 of the Revised Code to create

the Ohio Casino Control Commission and related

provisions and to set forth casino gaming statutes

under Ohio Constitution, Article XV, Section 6(C),

to make changes to bingo and instant bingo laws,

and to allow raffles of free prizes at

professional sporting events.

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

Section 1. That sections 101.70, 102.02, 102.03, 109.31,	22
109.572, 109.71, 109.77, 109.79, 121.41, 121.60, 1705.48, 2915.01,	23
2915.02, 2915.081, 2915.082, 2915.09, 2915.091, 2915.101, 3793.02,	24
4301.355, 4301.62, 4303.181, 4303.182, 4303.30, 5502.03, 5703.052,	25
5703.19, 5703.21, 5703.70, 5747.01, 5747.02, 5747.20, and 5747.98	26
be amended and sections 2915.083, 3517.1015, 3772.01, 3772.02,	27
3772.03, 3772.031, 3772.032, 3772.033, 3772.034, 3772.04, 3772.05,	28
3772.051, 3772.06, 3772.061, 3772.062, 3772.07, 3772.08, 3772.09,	29
3772.091, 3772.10, 3772.11, 3772.111, 3772.112, 3772.12, 3772.121,	30
3772.13, 3772.131, 3772.14, 3772.15, 3772.16, 3772.17, 3772.18,	31
3772.19, 3772.20, 3772.21, 3772.22, 3772.23, 3772.24, 3772.25,	32
3772.26, 3772.27, 3772.28, 3772.29, 3772.30, 3772.31, 3772.32,	33
3772.33, 3772.99, 3793.032, 5747.063, 5753.01, 5753.02, 5753.03,	34
5753.04, 5753.05, 5753.06, 5753.061, 5753.07, 5753.08, 5753.09,	35
and 5753.10 of the Revised Code be enacted to read as follows:	36

Sec. 101.70. As used in sections 101.70 to 101.79 and 101.99	37
of the Revised Code:	38

(A) "Person" means any individual, partnership, trust,	39
estate, business trust, association, or corporation; any labor	40
organization or manufacturer association; any department,	41
commission, board, publicly supported college or university,	42
division, institution, bureau, or other instrumentality of the	43
state; or any county, township, municipal corporation, school	44
district, or other political subdivision of the state. "Person"	45
includes the Ohio casino control commission, a member of the	46
commission, the executive director of the commission, an employee	47
of the commission, and an agent of the commission.	48

(B) "Legislation" means bills, resolutions, amendments,	49
nominations, and any other matter pending before the general	50
assembly, any matter pending before the controlling board, or the	51
executive approval or veto of any bill acted upon by the general	52
assembly.	53

(C) "Compensation" means a salary, gift, payment, benefit,	54
subscription, loan, advance, reimbursement, or deposit of money or	55
anything of value; or a contract, promise, or agreement, whether	56
or not legally enforceable, to make compensation.	57

(D) "Expenditure" means any of the following that is made to,	58
at the request of, for the benefit of, or on behalf of any member	59
of the general assembly, any member of the controlling board, the	60
governor, the director of a department created under section	61
121.02 of the Revised Code, or any member of the staff of any	62
public officer or employee listed in this division:	63

(1) A payment, distribution, loan, advance, deposit,	64
reimbursement, or gift of money, real estate, or anything of	65
value, including, but not limited to, food and beverages,	66
entertainment, lodging, or transportation;	67

(2) A contract, promise, or agreement to make an expenditure,	68
whether or not legally enforceable;	69

(3) The purchase, sale, or gift of services or any other	70
thing of value.	71

"Expenditure" does not include a contribution, gift, or grant to a	72
foundation or other charitable organization that is exempt from	73
federal income taxation under subsection 501(c)(3) of the Internal	74
Revenue Code. "Expenditure" does not include the purchase, sale,	75
or gift of services or any other thing of value that is available	76
to the general public on the same terms as it is available to the	77
persons listed in this division, or an offer or sale of securities	78
to any person listed in this division that is governed by	79
regulation D, 17 C.F.R. ~~2301.501~~ 230.501 to ~~2301.508~~ 230.508,	80
adopted under the authority of the "Securities Act of 1933," 48	81
Stat. 74, 15 U.S.C.A. and following, or that is governed by a	82
comparable provision under state law.	83

(E) "Actively advocate" means to promote, advocate, or oppose	84
the passage, modification, defeat, or executive approval or veto	85
of any legislation by direct communication with any member of the	86
general assembly, any member of the controlling board, the	87
governor, the director of any department listed in section 121.02	88
of the Revised Code, or any member of the staff of any public	89
officer or employee listed in this division. "Actively advocate"	90
does not include the action of any person not engaged by an	91
employer who has a direct interest in legislation if the person,	92
acting under Section 3 of Article I, Ohio Constitution, assembles	93
together with other persons to consult for their common good,	94
instructs a public officer or employee who is listed in this	95
division, or petitions that public officer or employee for the	96
redress of grievances.	97

(F) "Legislative agent" means any individual, except a member	98
of the general assembly, a member of the staff of the general	99
assembly, the governor, lieutenant governor, attorney general,	100
secretary of state, treasurer of state, or auditor of state, who	101
is engaged during at least a portion of ~~his~~the individual's time	102
to actively advocate as one of ~~his~~the individual's main purposes.	103
An individual engaged by the Ohio casino control commission, a	104
member of the commission, the executive director of the	105
commission, or an employee or agent of the commission to actively	106
advocate is a "legislative agent" even if the individual does not	107
during at least a portion of the individual's time actively	108
advocate as one of the individual's main purposes.	109

(G) "Employer" means any person who, directly or indirectly,	110
engages a legislative agent.	111

(H) "Engage" means to make any arrangement, and "engagement"	112
means any arrangement, whereby an individual is employed or	113
retained for compensation to act for or on behalf of an employer	114
to actively advocate.	115

(I) "Financial transaction" means a transaction or activity	116
that is conducted or undertaken for profit and arises from the	117
joint ownership or the ownership or part ownership in common of	118
any real or personal property or any commercial or business	119
enterprise of whatever form or nature between the following:	120

(1) A legislative agent, ~~his~~an employer of a legislative	121
agent, or a member of the immediate family of the legislative	122
agent or ~~his~~a legislative agent's employer; and	123

(2) Any member of the general assembly, any member of the	124
controlling board, the governor, the director of a department	125
created under section 121.02 of the Revised Code, or any member of	126
the staff of a public officer or employee listed in division	127
(I)(2) of this section.	128

"Financial transaction" does not include any transaction or	129
activity described in division (I) of this section if it is	130
available to the general public on the same terms, or if it is an	131
offer or sale of securities to any person listed in division	132
(I)(2) of this section that is governed by regulation D, 17 C.F.R.	133
~~2301.501~~230.501 to ~~2301.508~~230.508, adopted under the authority	134
of the "Securities Act of 1933," 48 Stat. 74, 15 U.S.C.A. and	135
following, or that is governed by a comparable provision under	136
state law.	137

(J) "Staff" means any state employee whose official duties	138
are to formulate policy and who exercises administrative or	139
supervisory authority or who authorizes the expenditure of state	140
funds.	141

Sec. 102.02. (A) Except as otherwise provided in division	142
(H) of this section, all of the following shall file with the	143
appropriate ethics commission the disclosure statement described	144
in this division on a form prescribed by the appropriate	145
commission: every person who is elected to or is a candidate for a	146
state, county, or city office and every person who is appointed to	147
fill a vacancy for an unexpired term in such an elective office;	148
all members of the state board of education; the director,	149
assistant directors, deputy directors, division chiefs, or persons	150
of equivalent rank of any administrative department of the state;	151
the president or other chief administrative officer of every state	152
institution of higher education as defined in section 3345.011 of	153
the Revised Code; the executive director and the members of the	154
capitol square review and advisory board appointed or employed	155
pursuant to section 105.41 of the Revised Code; all members of the	156
Ohio casino control commission, the executive director of the	157
commission, all professional employees of the commission, and all	158
technical employees of the commission who perform an internal	159
audit function; the chief executive officer and the members of the	160
board of each state retirement system; each employee of a state	161
retirement board who is a state retirement system investment	162
officer licensed pursuant to section 1707.163 of the Revised Code;	163
the members of the Ohio retirement study council appointed	164
pursuant to division (C) of section 171.01 of the Revised Code;	165
employees of the Ohio retirement study council, other than	166
employees who perform purely administrative or clerical functions;	167
the administrator of workers' compensation and each member of the	168
bureau of workers' compensation board of directors; the bureau of	169
workers' compensation director of investments; the chief	170
investment officer of the bureau of workers' compensation; the	171
director appointed by the workers' compensation council; all	172
members of the board of commissioners on grievances and discipline	173
of the supreme court and the ethics commission created under	174
section 102.05 of the Revised Code; every business manager,	175
treasurer, or superintendent of a city, local, exempted village,	176
joint vocational, or cooperative education school district or an	177
educational service center; every person who is elected to or is a	178
candidate for the office of member of a board of education of a	179
city, local, exempted village, joint vocational, or cooperative	180
education school district or of a governing board of an	181
educational service center that has a total student count of	182
twelve thousand or more as most recently determined by the	183
department of education pursuant to section 3317.03 of the Revised	184
Code; every person who is appointed to the board of education of a	185
municipal school district pursuant to division (B) or (F) of	186
section 3311.71 of the Revised Code; all members of the board of	187
directors of a sanitary district that is established under Chapter	188
6115. of the Revised Code and organized wholly for the purpose of	189
providing a water supply for domestic, municipal, and public use,	190
and that includes two municipal corporations in two counties;	191
every public official or employee who is paid a salary or wage in	192
accordance with schedule C of section 124.15 or schedule E-2 of	193
section 124.152 of the Revised Code; members of the board of	194
trustees and the executive director of the southern Ohio	195
agricultural and community development foundation; all members	196
appointed to the Ohio livestock care standards board under section	197
904.02 of the Revised Code; and every other public official or	198
employee who is designated by the appropriate ethics commission	199
pursuant to division (B) of this section.	200

The disclosure statement shall include all of the following:

201

(1) The name of the person filing the statement and each	202
member of the person's immediate family and all names under which	203
the person or members of the person's immediate family do	204
business;	205

(2)(a) Subject to divisions (A)(2)(b) and (c) of this section	206
and except as otherwise provided in section 102.022 of the Revised	207
Code, identification of every source of income, other than income	208
from a legislative agent identified in division (A)(2)(b) of this	209
section, received during the preceding calendar year, in the	210
person's own name or by any other person for the person's use or	211
benefit, by the person filing the statement, and a brief	212
description of the nature of the services for which the income was	213
received. If the person filing the statement is a member of the	214
general assembly, the statement shall identify the amount of every	215
source of income received in accordance with the following ranges	216
of amounts: zero or more, but less than one thousand dollars; one	217
thousand dollars or more, but less than ten thousand dollars; ten	218
thousand dollars or more, but less than twenty-five thousand	219
dollars; twenty-five thousand dollars or more, but less than fifty	220
thousand dollars; fifty thousand dollars or more, but less than	221
one hundred thousand dollars; and one hundred thousand dollars or	222
more. Division (A)(2)(a) of this section shall not be construed to	223
require a person filing the statement who derives income from a	224
business or profession to disclose the individual items of income	225
that constitute the gross income of that business or profession,	226
except for those individual items of income that are attributable	227
to the person's or, if the income is shared with the person, the	228
partner's, solicitation of services or goods or performance,	229
arrangement, or facilitation of services or provision of goods on	230
behalf of the business or profession of clients, including	231
corporate clients, who are legislative agents. A person who files	232
the statement under this section shall disclose the identity of	233
and the amount of income received from a person who the public	234
official or employee knows or has reason to know is doing or	235
seeking to do business of any kind with the public official's or	236
employee's agency.	237

(b) If the person filing the statement is a member of the	238
general assembly, the statement shall identify every source of	239
income and the amount of that income that was received from a	240
legislative agent during the preceding calendar year, in the	241
person's own name or by any other person for the person's use or	242
benefit, by the person filing the statement, and a brief	243
description of the nature of the services for which the income was	244
received. Division (A)(2)(b) of this section requires the	245
disclosure of clients of attorneys or persons licensed under	246
section 4732.12 of the Revised Code, or patients of persons	247
certified under section 4731.14 of the Revised Code, if those	248
clients or patients are legislative agents. Division (A)(2)(b) of	249
this section requires a person filing the statement who derives	250
income from a business or profession to disclose those individual	251
items of income that constitute the gross income of that business	252
or profession that are received from legislative agents.	253

(c) Except as otherwise provided in division (A)(2)(c) of	254
this section, division (A)(2)(a) of this section applies to	255
attorneys, physicians, and other persons who engage in the	256
practice of a profession and who, pursuant to a section of the	257
Revised Code, the common law of this state, a code of ethics	258
applicable to the profession, or otherwise, generally are required	259
not to reveal, disclose, or use confidences of clients, patients,	260
or other recipients of professional services except under	261
specified circumstances or generally are required to maintain	262
those types of confidences as privileged communications except	263
under specified circumstances. Division (A)(2)(a) of this section	264
does not require an attorney, physician, or other professional	265
subject to a confidentiality requirement as described in division	266
(A)(2)(c) of this section to disclose the name, other identity, or	267
address of a client, patient, or other recipient of professional	268
services if the disclosure would threaten the client, patient, or	269
other recipient of professional services, would reveal details of	270
the subject matter for which legal, medical, or professional	271
advice or other services were sought, or would reveal an otherwise	272
privileged communication involving the client, patient, or other	273
recipient of professional services. Division (A)(2)(a) of this	274
section does not require an attorney, physician, or other	275
professional subject to a confidentiality requirement as described	276
in division (A)(2)(c) of this section to disclose in the brief	277
description of the nature of services required by division	278
(A)(2)(a) of this section any information pertaining to specific	279
professional services rendered for a client, patient, or other	280
recipient of professional services that would reveal details of	281
the subject matter for which legal, medical, or professional	282
advice was sought or would reveal an otherwise privileged	283
communication involving the client, patient, or other recipient of	284
professional services.	285

(3) The name of every corporation on file with the secretary	286
of state that is incorporated in this state or holds a certificate	287
of compliance authorizing it to do business in this state, trust,	288
business trust, partnership, or association that transacts	289
business in this state in which the person filing the statement or	290
any other person for the person's use and benefit had during the	291
preceding calendar year an investment of over one thousand dollars	292
at fair market value as of the thirty-first day of December of the	293
preceding calendar year, or the date of disposition, whichever is	294
earlier, or in which the person holds any office or has a	295
fiduciary relationship, and a description of the nature of the	296
investment, office, or relationship. Division (A)(3) of this	297
section does not require disclosure of the name of any bank,	298
savings and loan association, credit union, or building and loan	299
association with which the person filing the statement has a	300
deposit or a withdrawable share account.	301

(4) All fee simple and leasehold interests to which the	302
person filing the statement holds legal title to or a beneficial	303
interest in real property located within the state, excluding the	304
person's residence and property used primarily for personal	305
recreation;	306

(5) The names of all persons residing or transacting business	307
in the state to whom the person filing the statement owes, in the	308
person's own name or in the name of any other person, more than	309
one thousand dollars. Division (A)(5) of this section shall not be	310
construed to require the disclosure of debts owed by the person	311
resulting from the ordinary conduct of a business or profession or	312
debts on the person's residence or real property used primarily	313
for personal recreation, except that the superintendent of	314
financial institutions shall disclose the names of all	315
state-chartered savings and loan associations and of all service	316
corporations subject to regulation under division (E)(2) of	317
section 1151.34 of the Revised Code to whom the superintendent in	318
the superintendent's own name or in the name of any other person	319
owes any money, and that the superintendent and any deputy	320
superintendent of banks shall disclose the names of all	321
state-chartered banks and all bank subsidiary corporations subject	322
to regulation under section 1109.44 of the Revised Code to whom	323
the superintendent or deputy superintendent owes any money.	324

(6) The names of all persons residing or transacting business	325
in the state, other than a depository excluded under division	326
(A)(3) of this section, who owe more than one thousand dollars to	327
the person filing the statement, either in the person's own name	328
or to any person for the person's use or benefit. Division (A)(6)	329
of this section shall not be construed to require the disclosure	330
of clients of attorneys or persons licensed under section 4732.12	331
or 4732.15 of the Revised Code, or patients of persons certified	332
under section 4731.14 of the Revised Code, nor the disclosure of	333
debts owed to the person resulting from the ordinary conduct of a	334
business or profession.	335

(7) Except as otherwise provided in section 102.022 of the	336
Revised Code, the source of each gift of over seventy-five	337
dollars, or of each gift of over twenty-five dollars received by a	338
member of the general assembly from a legislative agent, received	339
by the person in the person's own name or by any other person for	340
the person's use or benefit during the preceding calendar year,	341
except gifts received by will or by virtue of section 2105.06 of	342
the Revised Code, or received from spouses, parents, grandparents,	343
children, grandchildren, siblings, nephews, nieces, uncles, aunts,	344
brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law,	345
fathers-in-law, mothers-in-law, or any person to whom the person	346
filing the statement stands in loco parentis, or received by way	347
of distribution from any inter vivos or testamentary trust	348
established by a spouse or by an ancestor;	349

(8) Except as otherwise provided in section 102.022 of the	350
Revised Code, identification of the source and amount of every	351
payment of expenses incurred for travel to destinations inside or	352
outside this state that is received by the person in the person's	353
own name or by any other person for the person's use or benefit	354
and that is incurred in connection with the person's official	355
duties, except for expenses for travel to meetings or conventions	356
of a national or state organization to which any state agency,	357
including, but not limited to, any legislative agency or state	358
institution of higher education as defined in section 3345.011 of	359
the Revised Code, pays membership dues, or any political	360
subdivision or any office or agency of a political subdivision	361
pays membership dues;	362

(9) Except as otherwise provided in section 102.022 of the	363
Revised Code, identification of the source of payment of expenses	364
for meals and other food and beverages, other than for meals and	365
other food and beverages provided at a meeting at which the person	366
participated in a panel, seminar, or speaking engagement or at a	367
meeting or convention of a national or state organization to which	368
any state agency, including, but not limited to, any legislative	369
agency or state institution of higher education as defined in	370
section 3345.011 of the Revised Code, pays membership dues, or any	371
political subdivision or any office or agency of a political	372
subdivision pays membership dues, that are incurred in connection	373
with the person's official duties and that exceed one hundred	374
dollars aggregated per calendar year;	375

(10) If the disclosure statement is filed by a public	376
official or employee described in division (B)(2) of section	377
101.73 of the Revised Code or division (B)(2) of section 121.63 of	378
the Revised Code who receives a statement from a legislative	379
agent, executive agency lobbyist, or employer that contains the	380
information described in division (F)(2) of section 101.73 of the	381
Revised Code or division (G)(2) of section 121.63 of the Revised	382
Code, all of the nondisputed information contained in the	383
statement delivered to that public official or employee by the	384
legislative agent, executive agency lobbyist, or employer under	385
division (F)(2) of section 101.73 or (G)(2) of section 121.63 of	386
the Revised Code.	387

A person may file a statement required by this section in	388
person or by mail. A person who is a candidate for elective office	389
shall file the statement no later than the thirtieth day before	390
the primary, special, or general election at which the candidacy	391
is to be voted on, whichever election occurs soonest, except that	392
a person who is a write-in candidate shall file the statement no	393
later than the twentieth day before the earliest election at which	394
the person's candidacy is to be voted on. A person who holds	395
elective office shall file the statement on or before the	396
fifteenth day of April of each year unless the person is a	397
candidate for office. A person who is appointed to fill a vacancy	398
for an unexpired term in an elective office shall file the	399
statement within fifteen days after the person qualifies for	400
office. Other persons shall file an annual statement on or before	401
the fifteenth day of April or, if appointed or employed after that	402
date, within ninety days after appointment or employment. No	403
person shall be required to file with the appropriate ethics	404
commission more than one statement or pay more than one filing fee	405
for any one calendar year.	406

The appropriate ethics commission, for good cause, may extend	407
for a reasonable time the deadline for filing a statement under	408
this section.	409

A statement filed under this section is subject to public	410
inspection at locations designated by the appropriate ethics	411
commission except as otherwise provided in this section.	412

(B) The Ohio ethics commission, the joint legislative ethics	413
committee, and the board of commissioners on grievances and	414
discipline of the supreme court, using the rule-making procedures	415
of Chapter 119. of the Revised Code, may require any class of	416
public officials or employees under its jurisdiction and not	417
specifically excluded by this section whose positions involve a	418
substantial and material exercise of administrative discretion in	419
the formulation of public policy, expenditure of public funds,	420
enforcement of laws and rules of the state or a county or city, or	421
the execution of other public trusts, to file an annual statement	422
on or before the fifteenth day of April under division (A) of this	423
section. The appropriate ethics commission shall send the public	424
officials or employees written notice of the requirement by the	425
fifteenth day of February of each year the filing is required	426
unless the public official or employee is appointed after that	427
date, in which case the notice shall be sent within thirty days	428
after appointment, and the filing shall be made not later than	429
ninety days after appointment.	430

Except for disclosure statements filed by members of the	431
board of trustees and the executive director of the southern Ohio	432
agricultural and community development foundation, disclosure	433
statements filed under this division with the Ohio ethics	434
commission by members of boards, commissions, or bureaus of the	435
state for which no compensation is received other than reasonable	436
and necessary expenses shall be kept confidential. Disclosure	437
statements filed with the Ohio ethics commission under division	438
(A) of this section by business managers, treasurers, and	439
superintendents of city, local, exempted village, joint	440
vocational, or cooperative education school districts or	441
educational service centers shall be kept confidential, except	442
that any person conducting an audit of any such school district or	443
educational service center pursuant to section 115.56 or Chapter	444
117. of the Revised Code may examine the disclosure statement of	445
any business manager, treasurer, or superintendent of that school	446
district or educational service center. The Ohio ethics commission	447
shall examine each disclosure statement required to be kept	448
confidential to determine whether a potential conflict of interest	449
exists for the person who filed the disclosure statement. A	450
potential conflict of interest exists if the private interests of	451
the person, as indicated by the person's disclosure statement,	452
might interfere with the public interests the person is required	453
to serve in the exercise of the person's authority and duties in	454
the person's office or position of employment. If the commission	455
determines that a potential conflict of interest exists, it shall	456
notify the person who filed the disclosure statement and shall	457
make the portions of the disclosure statement that indicate a	458
potential conflict of interest subject to public inspection in the	459
same manner as is provided for other disclosure statements. Any	460
portion of the disclosure statement that the commission determines	461
does not indicate a potential conflict of interest shall be kept	462
confidential by the commission and shall not be made subject to	463
public inspection, except as is necessary for the enforcement of	464
Chapters 102. and 2921. of the Revised Code and except as	465
otherwise provided in this division.	466

(C) No person shall knowingly fail to file, on or before the	467
applicable filing deadline established under this section, a	468
statement that is required by this section.	469

(D) No person shall knowingly file a false statement that is	470
required to be filed under this section.	471

(E)(1) Except as provided in divisions (E)(2) and (3) of this	472
section, the statement required by division (A) or (B) of this	473
section shall be accompanied by a filing fee of forty dollars.	474

(2) The statement required by division (A) of this section	475
shall be accompanied by the following filing fee to be paid by the	476
person who is elected or appointed to, or is a candidate for, any	477
of the following offices:	478

For state office, except member of the		479
state board of education	$65	480
For office of member of general assembly	$40	481
For county office	$40	482
For city office	$25	483
For office of member of the state board		484
of education	$25	485
For office of member of the Ohio		486
livestock care standards board	$25	487
For office of member of a city, local,		488
exempted village, or cooperative		489
education board of		490
education or educational service		491
center governing board	$20	492
For position of business manager,		493
treasurer, or superintendent of a		494
city, local, exempted village, joint		495
vocational, or cooperative education		496
school district or		497
educational service center	$20	498

(3) No judge of a court of record or candidate for judge of a	499
court of record, and no referee or magistrate serving a court of	500
record, shall be required to pay the fee required under division	501
(E)(1) or (2) or (F) of this section.	502

(4) For any public official who is appointed to a nonelective	503
office of the state and for any employee who holds a nonelective	504
position in a public agency of the state, the state agency that is	505
the primary employer of the state official or employee shall pay	506
the fee required under division (E)(1) or (F) of this section.	507

(F) If a statement required to be filed under this section is	508
not filed by the date on which it is required to be filed, the	509
appropriate ethics commission shall assess the person required to	510
file the statement a late filing fee of ten dollars for each day	511
the statement is not filed, except that the total amount of the	512
late filing fee shall not exceed two hundred fifty dollars.	513

(G)(1) The appropriate ethics commission other than the Ohio	514
ethics commission and the joint legislative ethics committee shall	515
deposit all fees it receives under divisions (E) and (F) of this	516
section into the general revenue fund of the state.	517

(2) The Ohio ethics commission shall deposit all receipts,	518
including, but not limited to, fees it receives under divisions	519
(E) and (F) of this section and all moneys it receives from	520
settlements under division (G) of section 102.06 of the Revised	521
Code, into the Ohio ethics commission fund, which is hereby	522
created in the state treasury. All moneys credited to the fund	523
shall be used solely for expenses related to the operation and	524
statutory functions of the commission.	525

(3) The joint legislative ethics committee shall deposit all	526
receipts it receives from the payment of financial disclosure	527
statement filing fees under divisions (E) and (F) of this section	528
into the joint legislative ethics committee investigative fund.	529

(H) Division (A) of this section does not apply to a person	530
elected or appointed to the office of precinct, ward, or district	531
committee member under Chapter 3517. of the Revised Code; a	532
presidential elector; a delegate to a national convention; village	533
or township officials and employees; any physician or psychiatrist	534
who is paid a salary or wage in accordance with schedule C of	535
section 124.15 or schedule E-2 of section 124.152 of the Revised	536
Code and whose primary duties do not require the exercise of	537
administrative discretion; or any member of a board, commission,	538
or bureau of any county or city who receives less than one	539
thousand dollars per year for serving in that position.	540

Sec. 102.03. (A)(1) No present or former public official or	541
employee shall, during public employment or service or for twelve	542
months thereafter, represent a client or act in a representative	543
capacity for any person on any matter in which the public official	544
or employee personally participated as a public official or	545
employee through decision, approval, disapproval, recommendation,	546
the rendering of advice, investigation, or other substantial	547
exercise of administrative discretion.	548

(2) For twenty-four months after the conclusion of service,	549
no former commissioner or attorney examiner of the public	550
utilities commission shall represent a public utility, as defined	551
in section 4905.02 of the Revised Code, or act in a representative	552
capacity on behalf of such a utility before any state board,	553
commission, or agency.	554

(3) For twenty-four months after the conclusion of employment	555
or service, no former public official or employee who personally	556
participated as a public official or employee through decision,	557
approval, disapproval, recommendation, the rendering of advice,	558
the development or adoption of solid waste management plans,	559
investigation, inspection, or other substantial exercise of	560
administrative discretion under Chapter 343. or 3734. of the	561
Revised Code shall represent a person who is the owner or operator	562
of a facility, as defined in section 3734.01 of the Revised Code,	563
or who is an applicant for a permit or license for a facility	564
under that chapter, on any matter in which the public official or	565
employee personally participated as a public official or employee.	566

(4) For a period of one year after the conclusion of	567
employment or service as a member or employee of the general	568
assembly, no former member or employee of the general assembly	569
shall represent, or act in a representative capacity for, any	570
person on any matter before the general assembly, any committee of	571
the general assembly, or the controlling board. Division (A)(4) of	572
this section does not apply to or affect a person who separates	573
from service with the general assembly on or before December 31,	574
1995. As used in division (A)(4) of this section "person" does not	575
include any state agency or political subdivision of the state.	576

(5) As used in divisions (A)(1), (2), and (3) of this	577
section, "matter" includes any case, proceeding, application,	578
determination, issue, or question, but does not include the	579
proposal, consideration, or enactment of statutes, rules,	580
ordinances, resolutions, or charter or constitutional amendments.	581
As used in division (A)(4) of this section, "matter" includes the	582
proposal, consideration, or enactment of statutes, resolutions, or	583
constitutional amendments. As used in division (A) of this	584
section, "represent" includes any formal or informal appearance	585
before, or any written or oral communication with, any public	586
agency on behalf of any person.	587

(6) Nothing contained in division (A) of this section shall	588
prohibit, during such period, a former public official or employee	589
from being retained or employed to represent, assist, or act in a	590
representative capacity for the public agency by which the public	591
official or employee was employed or on which the public official	592
or employee served.	593

(7) Division (A) of this section shall not be construed to	594
prohibit the performance of ministerial functions, including, but	595
not limited to, the filing or amendment of tax returns,	596
applications for permits and licenses, incorporation papers, and	597
other similar documents.	598

(8) No present or former Ohio casino control commission	599
official shall, during public service or for two years thereafter,	600
represent a client, be employed or compensated by a person	601
regulated by the commission, or act in a representative capacity	602
for any person on any matter before or concerning the commission.	603

No present or former commission employee shall, during public	604
employment or for two years thereafter, represent a client or act	605
in a representative capacity on any matter in which the employee	606
personally participated as a commission employee through decision,	607
approval, disapproval, recommendation, the rendering of advice,	608
investigation, or other substantial exercise of administrative	609
discretion.	610

(B) No present or former public official or employee shall	611
disclose or use, without appropriate authorization, any	612
information acquired by the public official or employee in the	613
course of the public official's or employee's official duties that	614
is confidential because of statutory provisions, or that has been	615
clearly designated to the public official or employee as	616
confidential when that confidential designation is warranted	617
because of the status of the proceedings or the circumstances	618
under which the information was received and preserving its	619
confidentiality is necessary to the proper conduct of government	620
business.	621

(C) No public official or employee shall participate within	622
the scope of duties as a public official or employee, except	623
through ministerial functions as defined in division (A) of this	624
section, in any license or rate-making proceeding that directly	625
affects the license or rates of any person, partnership, trust,	626
business trust, corporation, or association in which the public	627
official or employee or immediate family owns or controls more	628
than five per cent. No public official or employee shall	629
participate within the scope of duties as a public official or	630
employee, except through ministerial functions as defined in	631
division (A) of this section, in any license or rate-making	632
proceeding that directly affects the license or rates of any	633
person to whom the public official or employee or immediate	634
family, or a partnership, trust, business trust, corporation, or	635
association of which the public official or employee or the public	636
official's or employee's immediate family owns or controls more	637
than five per cent, has sold goods or services totaling more than	638
one thousand dollars during the preceding year, unless the public	639
official or employee has filed a written statement acknowledging	640
that sale with the clerk or secretary of the public agency and the	641
statement is entered in any public record of the agency's	642
proceedings. This division shall not be construed to require the	643
disclosure of clients of attorneys or persons licensed under	644
section 4732.12 or 4732.15 of the Revised Code, or patients of	645
persons certified under section 4731.14 of the Revised Code.	646

(D) No public official or employee shall use or authorize the	647
use of the authority or influence of office or employment to	648
secure anything of value or the promise or offer of anything of	649
value that is of such a character as to manifest a substantial and	650
improper influence upon the public official or employee with	651
respect to that person's duties.	652

(E) No public official or employee shall solicit or accept	653
anything of value that is of such a character as to manifest a	654
substantial and improper influence upon the public official or	655
employee with respect to that person's duties.	656

(F) No person shall promise or give to a public official or	657
employee anything of value that is of such a character as to	658
manifest a substantial and improper influence upon the public	659
official or employee with respect to that person's duties.	660

(G) In the absence of bribery or another offense under the	661
Revised Code or a purpose to defraud, contributions made to a	662
campaign committee, political party, legislative campaign fund,	663
political action committee, or political contributing entity on	664
behalf of an elected public officer or other public official or	665
employee who seeks elective office shall be considered to accrue	666
ordinarily to the public official or employee for the purposes of	667
divisions (D), (E), and (F) of this section.	668

As used in this division, "contributions," "campaign	669
committee," "political party," "legislative campaign fund,"	670
"political action committee," and "political contributing entity"	671
have the same meanings as in section 3517.01 of the Revised Code.	672

(H)(1) No public official or employee, except for the	673
president or other chief administrative officer of or a member of	674
a board of trustees of a state institution of higher education as	675
defined in section 3345.011 of the Revised Code, who is required	676
to file a financial disclosure statement under section 102.02 of	677
the Revised Code shall solicit or accept, and no person shall give	678
to that public official or employee, an honorarium. Except as	679
provided in division (H)(2) of this section, this division and	680
divisions (D), (E), and (F) of this section do not prohibit a	681
public official or employee who is required to file a financial	682
disclosure statement under section 102.02 of the Revised Code from	683
accepting and do not prohibit a person from giving to that public	684
official or employee the payment of actual travel expenses,	685
including any expenses incurred in connection with the travel for	686
lodging, and meals, food, and beverages provided to the public	687
official or employee at a meeting at which the public official or	688
employee participates in a panel, seminar, or speaking engagement	689
or provided to the public official or employee at a meeting or	690
convention of a national organization to which any state agency,	691
including, but not limited to, any state legislative agency or	692
state institution of higher education as defined in section	693
3345.011 of the Revised Code, pays membership dues. Except as	694
provided in division (H)(2) of this section, this division and	695
divisions (D), (E), and (F) of this section do not prohibit a	696
public official or employee who is not required to file a	697
financial disclosure statement under section 102.02 of the Revised	698
Code from accepting and do not prohibit a person from promising or	699
giving to that public official or employee an honorarium or the	700
payment of travel, meal, and lodging expenses if the honorarium,	701
expenses, or both were paid in recognition of demonstrable	702
business, professional, or esthetic interests of the public	703
official or employee that exist apart from public office or	704
employment, including, but not limited to, such a demonstrable	705
interest in public speaking and were not paid by any person or	706
other entity, or by any representative or association of those	707
persons or entities, that is regulated by, doing business with, or	708
seeking to do business with the department, division, institution,	709
board, commission, authority, bureau, or other instrumentality of	710
the governmental entity with which the public official or employee	711
serves.	712

(2) No person who is a member of the board of a state	713
retirement system, a state retirement system investment officer,	714
or an employee of a state retirement system whose position	715
involves substantial and material exercise of discretion in the	716
investment of retirement system funds shall solicit or accept, and	717
no person shall give to that board member, officer, or employee,	718
payment of actual travel expenses, including expenses incurred	719
with the travel for lodging, meals, food, and beverages.	720

(I) A public official or employee may accept travel, meals,	721
and lodging or expenses or reimbursement of expenses for travel,	722
meals, and lodging in connection with conferences, seminars, and	723
similar events related to official duties if the travel, meals,	724
and lodging, expenses, or reimbursement is not of such a character	725
as to manifest a substantial and improper influence upon the	726
public official or employee with respect to that person's duties.	727
The house of representatives and senate, in their code of ethics,	728
and the Ohio ethics commission, under section 111.15 of the	729
Revised Code, may adopt rules setting standards and conditions for	730
the furnishing and acceptance of such travel, meals, and lodging,	731
expenses, or reimbursement.	732

A person who acts in compliance with this division and any	733
applicable rules adopted under it, or any applicable, similar	734
rules adopted by the supreme court governing judicial officers and	735
employees, does not violate division (D), (E), or (F) of this	736
section. This division does not preclude any person from seeking	737
an advisory opinion from the appropriate ethics commission under	738
section 102.08 of the Revised Code.	739

(J) For purposes of divisions (D), (E), and (F) of this	740
section, the membership of a public official or employee in an	741
organization shall not be considered, in and of itself, to be of	742
such a character as to manifest a substantial and improper	743
influence on the public official or employee with respect to that	744
person's duties. As used in this division, "organization" means a	745
church or a religious, benevolent, fraternal, or professional	746
organization that is tax exempt under subsection 501(a) and	747
described in subsection 501(c)(3), (4), (8), (10), or (19) of the	748
"Internal Revenue Code of 1986." This division does not apply to a	749
public official or employee who is an employee of an organization,	750
serves as a trustee, director, or officer of an organization, or	751
otherwise holds a fiduciary relationship with an organization.	752
This division does not allow a public official or employee who is	753
a member of an organization to participate, formally or	754
informally, in deliberations, discussions, or voting on a matter	755
or to use his official position with regard to the interests of	756
the organization on the matter if the public official or employee	757
has assumed a particular responsibility in the organization with	758
respect to the matter or if the matter would affect that person's	759
personal, pecuniary interests.	760

(K) It is not a violation of this section for a prosecuting	761
attorney to appoint assistants and employees in accordance with	762
division (B) of section 309.06 and section 2921.421 of the Revised	763
Code, for a chief legal officer of a municipal corporation or an	764
official designated as prosecutor in a municipal corporation to	765
appoint assistants and employees in accordance with sections	766
733.621 and 2921.421 of the Revised Code, for a township law	767
director appointed under section 504.15 of the Revised Code to	768
appoint assistants and employees in accordance with sections	769
504.151 and 2921.421 of the Revised Code, or for a coroner to	770
appoint assistants and employees in accordance with division (B)	771
of section 313.05 of the Revised Code.	772

As used in this division, "chief legal officer" has the same	773
meaning as in section 733.621 of the Revised Code.	774

(L) No present public official or employee with a casino	775
gaming regulatory function shall indirectly invest, by way of an	776
entity the public official or employee has an ownership interest	777
or control in, or directly invest in a casino operator, management	778
company, holding company, casino facility, or gaming-related	779
vendor. No present public official or employee with a casino	780
gaming regulatory function shall directly or indirectly have a	781
financial interest in, have an ownership interest in, be the	782
creditor or hold a debt instrument issued by, or have an interest	783
in a contractual or service relationship with a casino operator,	784
management company, holding company, casino facility, or	785
gaming-related vendor. This section does not prohibit or limit	786
permitted passive investing by the public official or employee.	787

As used in this division, "passive investing" means	788
investment by the public official or employee by means of a mutual	789
fund in which the public official or employee has no control of	790
the investments or investment decisions. "Casino operator,"	791
"holding company," "management company," "casino facility," and	792
"gaming-related vendor" have the same meanings as in section	793
3772.01 of the Revised Code.	794

(M) A member of the Ohio casino control commission, the	795
executive director of the commission, or an employee of the	796
commission shall not:	797

(1) Accept anything of value, including but not limited to a	798
gift, gratuity, emolument, or employment from a casino operator,	799
management company, or other person subject to the jurisdiction of	800
the commission, or from an officer, attorney, agent, or employee	801
of a casino operator, management company, or other person subject	802
to the jurisdiction of the commission;	803

(2) Solicit, suggest, request, or recommend, directly or	804
indirectly, to a casino operator, management company, or other	805
person subject to the jurisdiction of the commission, or to an	806
officer, attorney, agent, or employee of a casino operator,	807
management company, or other person subject to the jurisdiction of	808
the commission, the appointment of a person to an office, place,	809
position, or employment;	810

(3) Participate in casino gaming or any other amusement or	811
activity at a casino facility in this state or at an affiliate	812
gaming facility of a licensed casino operator, wherever located.	813

In addition to the penalty provided in section 102.99 of the	814
Revised Code, whoever violates division (M)(1), (2), or (3) of	815
this section forfeits the individual's office or employment.	816

Sec. 109.31. Except as otherwise provided by this section,	817
the trustees of a charitable trust required to register under	818
section 109.26 of the Revised Code shall file annual reports on	819
forms prescribed by the attorney general, on or before the	820
fifteenth day of the fifth month following the close of the	821
trust's taxable year as established for federal tax purposes; or,	822
in lieu of filing those reports, the trustees may file complete	823
copies of all annual federal returns required to be filed by the	824
trust with the internal revenue service for the taxable year,	825
together with all schedules, attachments, and reports due with the	826
return or returns. The federal returns shall be filed with the	827
attorney general at the same time as required by the internal	828
revenue service, taking into account any applicable extension of	829
the federal filing date.	830

The annual report shall be signed by the trustee who is	831
authorized to sign it. The annual report shall be considered	832
certified by the trustee and ~~his~~the trustee's signature on the	833
report shall have the same effect as though made under oath.	834

A charitable trust required to register under section 109.26	835
of the Revised Code is not required to file the reports required	836
by this section if any of the following apply:	837

(A) It is organized and operated exclusively for religious	838
purposes.	839

(B) It is an educational institution that normally maintains	840
a regular faculty and curriculum and normally has a regularly	841
organized body of pupils or students in attendance at the place	842
where its educational activities are regularly carried on.	843

(C) For any taxable year it has gross receipts of less than	844
twenty-five thousand dollars and at the end of which it has gross	845
assets of less than ~~fifteen~~twenty-five thousand dollars.	846

The attorney general, by rule pursuant to section 109.27 of	847
the Revised Code, may exempt other classes of charitable trusts	848
from the requirements of this section, and may by rule increase	849
monetary limits set forth in division (C) of this section, that	850
require filing with the attorney general's office.	851

The attorney general may institute judicial proceedings to	852
secure compliance with this section and to secure the proper	853
administration of any trust or other relationship to which this	854
section applies. The willful failure of any trustee to file	855
reports as required by this section may be grounds for judicial	856
removal of the trustee responsible for such failure.	857

The attorney general shall charge the following fees for	858
filing the annual report:	859

	Assets		Fee	860
Less than $25,000		$	0	861
$25,000 but less than $100,000			50	862
$100,000 but less than $500,000			100	863
$500,000 or more			200	864

For the purposes of this section, "assets" refers to the	865
total fair market value of the charitable trust's assets at the	866
end of that trust's taxable year as established for federal tax	867
purposes.	868

Any charitable trust that fails to pay the fee required by	869
this section at the time required shall pay an additional fee of	870
two hundred dollars, except that the attorney general may waive	871
the two-hundred-dollar fee upon a showing that the trustees of the	872
charitable trust failed to pay the fee for filing the annual	873
report at the time required by this section for reasons that were	874
beyond the control of the trustees of the charitable trust or of a	875
designee of the trustees.	876

This section shall not be subject to section 119.12 of the	877
Revised Code.	878

Sec. 109.572. (A)(1) Upon receipt of a request pursuant to	879
section 121.08, 3301.32, 3301.541, or 3319.39 of the Revised Code,	880
a completed form prescribed pursuant to division (C)(1) of this	881
section, and a set of fingerprint impressions obtained in the	882
manner described in division (C)(2) of this section, the	883
superintendent of the bureau of criminal identification and	884
investigation shall conduct a criminal records check in the manner	885
described in division (B) of this section to determine whether any	886
information exists that indicates that the person who is the	887
subject of the request previously has been convicted of or pleaded	888
guilty to any of the following:	889

(a) A violation of section 2903.01, 2903.02, 2903.03,	890
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	891
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	892
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	893
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	894
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	895
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	896
2925.06, or 3716.11 of the Revised Code, felonious sexual	897
penetration in violation of former section 2907.12 of the Revised	898
Code, a violation of section 2905.04 of the Revised Code as it	899
existed prior to July 1, 1996, a violation of section 2919.23 of	900
the Revised Code that would have been a violation of section	901
2905.04 of the Revised Code as it existed prior to July 1, 1996,	902
had the violation been committed prior to that date, or a	903
violation of section 2925.11 of the Revised Code that is not a	904
minor drug possession offense;	905

(b) A violation of an existing or former law of this state,	906
any other state, or the United States that is substantially	907
equivalent to any of the offenses listed in division (A)(1)(a) of	908
this section.	909

(2) On receipt of a request pursuant to section 5123.081 of	910
the Revised Code with respect to an applicant for employment in	911
any position with the department of developmental disabilities,	912
pursuant to section 5126.28 of the Revised Code with respect to an	913
applicant for employment in any position with a county board of	914
developmental disabilities, or pursuant to section 5126.281 of the	915
Revised Code with respect to an applicant for employment in a	916
direct services position with an entity contracting with a county	917
board for employment, a completed form prescribed pursuant to	918
division (C)(1) of this section, and a set of fingerprint	919
impressions obtained in the manner described in division (C)(2) of	920
this section, the superintendent of the bureau of criminal	921
identification and investigation shall conduct a criminal records	922
check. The superintendent shall conduct the criminal records check	923
in the manner described in division (B) of this section to	924
determine whether any information exists that indicates that the	925
person who is the subject of the request has been convicted of or	926
pleaded guilty to any of the following:	927

(a) A violation of section 2903.01, 2903.02, 2903.03,	928
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	929
2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03,	930
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12,	931
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	932
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12,	933
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02,	934
2925.03, or 3716.11 of the Revised Code;	935

(b) An existing or former municipal ordinance or law of this	936
state, any other state, or the United States that is substantially	937
equivalent to any of the offenses listed in division (A)(2)(a) of	938
this section.	939

(3) On receipt of a request pursuant to section 173.27,	940
173.394, 3712.09, 3721.121, or 3722.151 of the Revised Code, a	941
completed form prescribed pursuant to division (C)(1) of this	942
section, and a set of fingerprint impressions obtained in the	943
manner described in division (C)(2) of this section, the	944
superintendent of the bureau of criminal identification and	945
investigation shall conduct a criminal records check with respect	946
to any person who has applied for employment in a position for	947
which a criminal records check is required by those sections. The	948
superintendent shall conduct the criminal records check in the	949
manner described in division (B) of this section to determine	950
whether any information exists that indicates that the person who	951
is the subject of the request previously has been convicted of or	952
pleaded guilty to any of the following:	953

(a) A violation of section 2903.01, 2903.02, 2903.03,	954
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	955
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	956
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	957
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	958
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	959
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	960
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	961
2925.22, 2925.23, or 3716.11 of the Revised Code;	962

(b) An existing or former law of this state, any other state,	963
or the United States that is substantially equivalent to any of	964
the offenses listed in division (A)(3)(a) of this section.	965

(4) On receipt of a request pursuant to section 3701.881 of	966
the Revised Code with respect to an applicant for employment with	967
a home health agency as a person responsible for the care,	968
custody, or control of a child, a completed form prescribed	969
pursuant to division (C)(1) of this section, and a set of	970
fingerprint impressions obtained in the manner described in	971
division (C)(2) of this section, the superintendent of the bureau	972
of criminal identification and investigation shall conduct a	973
criminal records check. The superintendent shall conduct the	974
criminal records check in the manner described in division (B) of	975
this section to determine whether any information exists that	976
indicates that the person who is the subject of the request	977
previously has been convicted of or pleaded guilty to any of the	978
following:	979

(a) A violation of section 2903.01, 2903.02, 2903.03,	980
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	981
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,	982
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,	983
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	984
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	985
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	986
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a	987
violation of section 2925.11 of the Revised Code that is not a	988
minor drug possession offense;	989

(b) An existing or former law of this state, any other state,	990
or the United States that is substantially equivalent to any of	991
the offenses listed in division (A)(4)(a) of this section.	992

(5) On receipt of a request pursuant to section 5111.032,	993
5111.033, or 5111.034 of the Revised Code, a completed form	994
prescribed pursuant to division (C)(1) of this section, and a set	995
of fingerprint impressions obtained in the manner described in	996
division (C)(2) of this section, the superintendent of the bureau	997
of criminal identification and investigation shall conduct a	998
criminal records check. The superintendent shall conduct the	999
criminal records check in the manner described in division (B) of	1000
this section to determine whether any information exists that	1001
indicates that the person who is the subject of the request	1002
previously has been convicted of, has pleaded guilty to, or has	1003
been found eligible for intervention in lieu of conviction for any	1004
of the following, regardless of the date of the conviction, the	1005
date of entry of the guilty plea, or the date the person was found	1006
eligible for intervention in lieu of conviction:	1007

(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,	1008
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16,	1009
2903.21, 2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05,	1010
2905.11, 2905.12, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06,	1011
2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.24,	1012
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	1013
2909.03, 2909.04, 2909.05, 2909.22, 2909.23, 2909.24, 2911.01,	1014
2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04,	1015
2913.05, 2913.11, 2913.21, 2913.31, 2913.32, 2913.40, 2913.41,	1016
2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47,	1017
2913.48, 2913.49, 2913.51, 2917.01, 2917.02, 2917.03, 2917.11,	1018
2917.31, 2919.12, 2919.22, 2919.23, 2919.24, 2919.25, 2921.03,	1019
2921.11, 2921.13, 2921.34, 2921.35, 2921.36, 2923.01, 2923.02,	1020
2923.03, 2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03,	1021
2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22,	1022
2925.23, 2927.12, or 3716.11 of the Revised Code, felonious sexual	1023
penetration in violation of former section 2907.12 of the Revised	1024
Code, a violation of section 2905.04 of the Revised Code as it	1025
existed prior to July 1, 1996, a violation of section 2919.23 of	1026
the Revised Code that would have been a violation of section	1027
2905.04 of the Revised Code as it existed prior to July 1, 1996,	1028
had the violation been committed prior to that date;	1029

(b) A violation of an existing or former municipal ordinance	1030
or law of this state, any other state, or the United States that	1031
is substantially equivalent to any of the offenses listed in	1032
division (A)(5)(a) of this section.	1033

(6) On receipt of a request pursuant to section 3701.881 of	1034
the Revised Code with respect to an applicant for employment with	1035
a home health agency in a position that involves providing direct	1036
care to an older adult, a completed form prescribed pursuant to	1037
division (C)(1) of this section, and a set of fingerprint	1038
impressions obtained in the manner described in division (C)(2) of	1039
this section, the superintendent of the bureau of criminal	1040
identification and investigation shall conduct a criminal records	1041
check. The superintendent shall conduct the criminal records check	1042
in the manner described in division (B) of this section to	1043
determine whether any information exists that indicates that the	1044
person who is the subject of the request previously has been	1045
convicted of or pleaded guilty to any of the following:	1046

(a) A violation of section 2903.01, 2903.02, 2903.03,	1047
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	1048
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	1049
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	1050
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	1051
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	1052
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	1053
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	1054
2925.22, 2925.23, or 3716.11 of the Revised Code;	1055

(b) An existing or former law of this state, any other state,	1056
or the United States that is substantially equivalent to any of	1057
the offenses listed in division (A)(6)(a) of this section.	1058

(7) When conducting a criminal records check upon a request	1059
pursuant to section 3319.39 of the Revised Code for an applicant	1060
who is a teacher, in addition to the determination made under	1061
division (A)(1) of this section, the superintendent shall	1062
determine whether any information exists that indicates that the	1063
person who is the subject of the request previously has been	1064
convicted of or pleaded guilty to any offense specified in section	1065
3319.31 of the Revised Code.	1066

(8) On receipt of a request pursuant to section 2151.86 of	1067
the Revised Code, a completed form prescribed pursuant to division	1068
(C)(1) of this section, and a set of fingerprint impressions	1069
obtained in the manner described in division (C)(2) of this	1070
section, the superintendent of the bureau of criminal	1071
identification and investigation shall conduct a criminal records	1072
check in the manner described in division (B) of this section to	1073
determine whether any information exists that indicates that the	1074
person who is the subject of the request previously has been	1075
convicted of or pleaded guilty to any of the following:	1076

(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,	1077
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21,	1078
2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02,	1079
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	1080
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	1081
2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24,	1082
2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02,	1083
2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161,	1084
2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2927.12, or 3716.11	1085
of the Revised Code, a violation of section 2905.04 of the Revised	1086
Code as it existed prior to July 1, 1996, a violation of section	1087
2919.23 of the Revised Code that would have been a violation of	1088
section 2905.04 of the Revised Code as it existed prior to July 1,	1089
1996, had the violation been committed prior to that date, a	1090
violation of section 2925.11 of the Revised Code that is not a	1091
minor drug possession offense, two or more OVI or OVUAC violations	1092
committed within the three years immediately preceding the	1093
submission of the application or petition that is the basis of the	1094
request, or felonious sexual penetration in violation of former	1095
section 2907.12 of the Revised Code;	1096

(b) A violation of an existing or former law of this state,	1097
any other state, or the United States that is substantially	1098
equivalent to any of the offenses listed in division (A)(8)(a) of	1099
this section.	1100

(9) Upon receipt of a request pursuant to section 5104.012 or	1101
5104.013 of the Revised Code, a completed form prescribed pursuant	1102
to division (C)(1) of this section, and a set of fingerprint	1103
impressions obtained in the manner described in division (C)(2) of	1104
this section, the superintendent of the bureau of criminal	1105
identification and investigation shall conduct a criminal records	1106
check in the manner described in division (B) of this section to	1107
determine whether any information exists that indicates that the	1108
person who is the subject of the request has been convicted of or	1109
pleaded guilty to any of the following:	1110

(a) A violation of section 2903.01, 2903.02, 2903.03,	1111
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22,	1112
2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,	1113
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22,	1114
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,	1115
2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04,	1116
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	1117
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,	1118
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2919.12,	1119
2919.22, 2919.24, 2919.25, 2921.11, 2921.13, 2923.01, 2923.12,	1120
2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or	1121
3716.11 of the Revised Code, felonious sexual penetration in	1122
violation of former section 2907.12 of the Revised Code, a	1123
violation of section 2905.04 of the Revised Code as it existed	1124
prior to July 1, 1996, a violation of section 2919.23 of the	1125
Revised Code that would have been a violation of section 2905.04	1126
of the Revised Code as it existed prior to July 1, 1996, had the	1127
violation been committed prior to that date, a violation of	1128
section 2925.11 of the Revised Code that is not a minor drug	1129
possession offense, a violation of section 2923.02 or 2923.03 of	1130
the Revised Code that relates to a crime specified in this	1131
division, or a second violation of section 4511.19 of the Revised	1132
Code within five years of the date of application for licensure or	1133
certification.	1134

(b) A violation of an existing or former law of this state,	1135
any other state, or the United States that is substantially	1136
equivalent to any of the offenses or violations described in	1137
division (A)(9)(a) of this section.	1138

(10) Upon receipt of a request pursuant to section 5153.111	1139
of the Revised Code, a completed form prescribed pursuant to	1140
division (C)(1) of this section, and a set of fingerprint	1141
impressions obtained in the manner described in division (C)(2) of	1142
this section, the superintendent of the bureau of criminal	1143
identification and investigation shall conduct a criminal records	1144
check in the manner described in division (B) of this section to	1145
determine whether any information exists that indicates that the	1146
person who is the subject of the request previously has been	1147
convicted of or pleaded guilty to any of the following:	1148

(a) A violation of section 2903.01, 2903.02, 2903.03,	1149
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	1150
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	1151
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	1152
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	1153
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	1154
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	1155
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code,	1156
felonious sexual penetration in violation of former section	1157
2907.12 of the Revised Code, a violation of section 2905.04 of the	1158
Revised Code as it existed prior to July 1, 1996, a violation of	1159
section 2919.23 of the Revised Code that would have been a	1160
violation of section 2905.04 of the Revised Code as it existed	1161
prior to July 1, 1996, had the violation been committed prior to	1162
that date, or a violation of section 2925.11 of the Revised Code	1163
that is not a minor drug possession offense;	1164

(b) A violation of an existing or former law of this state,	1165
any other state, or the United States that is substantially	1166
equivalent to any of the offenses listed in division (A)(10)(a) of	1167
this section.	1168

(11) On receipt of a request for a criminal records check	1169
from an individual pursuant to section 4749.03 or 4749.06 of the	1170
Revised Code, accompanied by a completed copy of the form	1171
prescribed in division (C)(1) of this section and a set of	1172
fingerprint impressions obtained in a manner described in division	1173
(C)(2) of this section, the superintendent of the bureau of	1174
criminal identification and investigation shall conduct a criminal	1175
records check in the manner described in division (B) of this	1176
section to determine whether any information exists indicating	1177
that the person who is the subject of the request has been	1178
convicted of or pleaded guilty to a felony in this state or in any	1179
other state. If the individual indicates that a firearm will be	1180
carried in the course of business, the superintendent shall	1181
require information from the federal bureau of investigation as	1182
described in division (B)(2) of this section. The superintendent	1183
shall report the findings of the criminal records check and any	1184
information the federal bureau of investigation provides to the	1185
director of public safety.	1186

(12) On receipt of a request pursuant to section 1321.37,	1187
1321.53, 1321.531, 1322.03, 1322.031, or 4763.05 of the Revised	1188
Code, a completed form prescribed pursuant to division (C)(1) of	1189
this section, and a set of fingerprint impressions obtained in the	1190
manner described in division (C)(2) of this section, the	1191
superintendent of the bureau of criminal identification and	1192
investigation shall conduct a criminal records check with respect	1193
to any person who has applied for a license, permit, or	1194
certification from the department of commerce or a division in the	1195
department. The superintendent shall conduct the criminal records	1196
check in the manner described in division (B) of this section to	1197
determine whether any information exists that indicates that the	1198
person who is the subject of the request previously has been	1199
convicted of or pleaded guilty to any of the following: a	1200
violation of section 2913.02, 2913.11, 2913.31, 2913.51, or	1201
2925.03 of the Revised Code; any other criminal offense involving	1202
theft, receiving stolen property, embezzlement, forgery, fraud,	1203
passing bad checks, money laundering, or drug trafficking, or any	1204
criminal offense involving money or securities, as set forth in	1205
Chapters 2909., 2911., 2913., 2915., 2921., 2923., and 2925. of	1206
the Revised Code; or any existing or former law of this state, any	1207
other state, or the United States that is substantially equivalent	1208
to those offenses.	1209

(13) On receipt of a request for a criminal records check	1210
from the treasurer of state under section 113.041 of the Revised	1211
Code or from an individual under section 4701.08, 4715.101,	1212
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14,	1213
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,	1214
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,	1215
4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4761.051,	1216
4762.031, 4762.06, or 4779.091 of the Revised Code, accompanied by	1217
a completed form prescribed under division (C)(1) of this section	1218
and a set of fingerprint impressions obtained in the manner	1219
described in division (C)(2) of this section, the superintendent	1220
of the bureau of criminal identification and investigation shall	1221
conduct a criminal records check in the manner described in	1222
division (B) of this section to determine whether any information	1223
exists that indicates that the person who is the subject of the	1224
request has been convicted of or pleaded guilty to any criminal	1225
offense in this state or any other state. The superintendent shall	1226
send the results of a check requested under section 113.041 of the	1227
Revised Code to the treasurer of state and shall send the results	1228
of a check requested under any of the other listed sections to the	1229
licensing board specified by the individual in the request.	1230

(14) On receipt of a request pursuant to section 1121.23,	1231
1155.03, 1163.05, 1315.141, 1733.47, or 1761.26 of the Revised	1232
Code, a completed form prescribed pursuant to division (C)(1) of	1233
this section, and a set of fingerprint impressions obtained in the	1234
manner described in division (C)(2) of this section, the	1235
superintendent of the bureau of criminal identification and	1236
investigation shall conduct a criminal records check in the manner	1237
described in division (B) of this section to determine whether any	1238
information exists that indicates that the person who is the	1239
subject of the request previously has been convicted of or pleaded	1240
guilty to any criminal offense under any existing or former law of	1241
this state, any other state, or the United States.	1242

(15) On receipt of a request for a criminal records check	1243
from an appointing or licensing authority under section 3772.07 of	1244
the Revised Code, a completed form prescribed under division	1245
(C)(1) of this section, and a set of fingerprint impressions	1246
obtained in the manner prescribed in division (C)(2) of this	1247
section, the superintendent of the bureau of criminal	1248
identification and investigation shall conduct a criminal records	1249
check in the manner described in division (B) of this section to	1250
determine whether any information exists that indicates that the	1251
person who is the subject of the request previously has been	1252
convicted of or pleaded guilty or no contest to any offense under	1253
any existing or former law of this state, any other state, or the	1254
United States that is a disqualifying offense as defined in	1255
section 3772.07 of the Revised Code or substantially equivalent to	1256
such an offense.	1257

(16) Not later than thirty days after the date the	1258
superintendent receives a request of a type described in division	1259
(A)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12),	1260
or (14), or (15) of this section, the completed form, and the	1261
fingerprint impressions, the superintendent shall send the person,	1262
board, or entity that made the request any information, other than	1263
information the dissemination of which is prohibited by federal	1264
law, the superintendent determines exists with respect to the	1265
person who is the subject of the request that indicates that the	1266
person previously has been convicted of or pleaded guilty to any	1267
offense listed or described in division (A)(1), (2), (3), (4),	1268
(5), (6), (7), (8), (9), (10), (11), (12), or (14), or (15) of	1269
this section, as appropriate. The superintendent shall send the	1270
person, board, or entity that made the request a copy of the list	1271
of offenses specified in division (A)(1), (2), (3), (4), (5), (6),	1272
(7), (8), (9), (10), (11), (12), or (14), or (15) of this section,	1273
as appropriate. If the request was made under section 3701.881 of	1274
the Revised Code with regard to an applicant who may be both	1275
responsible for the care, custody, or control of a child and	1276
involved in providing direct care to an older adult, the	1277
superintendent shall provide a list of the offenses specified in	1278
divisions (A)(4) and (6) of this section.	1279

Not later than thirty days after the superintendent receives	1280
a request for a criminal records check pursuant to section 113.041	1281
of the Revised Code, the completed form, and the fingerprint	1282
impressions, the superintendent shall send the treasurer of state	1283
any information, other than information the dissemination of which	1284
is prohibited by federal law, the superintendent determines exist	1285
with respect to the person who is the subject of the request that	1286
indicates that the person previously has been convicted of or	1287
pleaded guilty to any criminal offense in this state or any other	1288
state.	1289

(B) The superintendent shall conduct any criminal records	1290
check requested under section 113.041, 121.08, 173.27, 173.394,	1291
1121.23, 1155.03, 1163.05, 1315.141, 1321.53, 1321.531, 1322.03,	1292
1322.031, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541, 3319.39,	1293
3701.881, 3712.09, 3721.121, 3722.151, 3772.07, 4701.08, 4715.101,	1294
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14,	1295
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,	1296
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,	1297
4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06,	1298
4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012,	1299
5104.013, 5111.032, 5111.033, 5111.034, 5123.081, 5126.28,	1300
5126.281, or 5153.111 of the Revised Code as follows:	1301

(1) The superintendent shall review or cause to be reviewed	1302
any relevant information gathered and compiled by the bureau under	1303
division (A) of section 109.57 of the Revised Code that relates to	1304
the person who is the subject of the request, including, if the	1305
criminal records check was requested under section 113.041,	1306
121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141,	1307
1321.37, 1321.53, 1321.531, 1322.03, 1322.031, 1733.47, 1761.26,	1308
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121,	1309
3722.151, 3772.07, 4749.03, 4749.06, 4763.05, 5104.012, 5104.013,	1310
5111.032, 5111.033, 5111.034, 5123.081, 5126.28, 5126.281, or	1311
5153.111 of the Revised Code, any relevant information contained	1312
in records that have been sealed under section 2953.32 of the	1313
Revised Code;	1314

(2) If the request received by the superintendent asks for	1315
information from the federal bureau of investigation, the	1316
superintendent shall request from the federal bureau of	1317
investigation any information it has with respect to the person	1318
who is the subject of the request, including fingerprint-based	1319
checks of national crime information databases as described in 42	1320
U.S.C. 671 if the request is made pursuant to section 2151.86,	1321
5104.012, or 5104.013 of the Revised Code or if any other Revised	1322
Code section requires fingerprint-based checks of that nature, and	1323
shall review or cause to be reviewed any information the	1324
superintendent receives from that bureau. If a request under	1325
section 3319.39 of the Revised Code asks only for information from	1326
the federal bureau of investigation, the superintendent shall not	1327
conduct the review prescribed by division (B)(1) of this section.	1328

(3) The superintendent or the superintendent's designee may	1329
request criminal history records from other states or the federal	1330
government pursuant to the national crime prevention and privacy	1331
compact set forth in section 109.571 of the Revised Code.	1332

(C)(1) The superintendent shall prescribe a form to obtain	1333
the information necessary to conduct a criminal records check from	1334
any person for whom a criminal records check is requested under	1335
section 113.041 of the Revised Code or required by section 121.08,	1336
173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141, 1321.53,	1337
1321.531, 1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32,	1338
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 3772.07,	1339
4701.08, 4715.101, 4717.061, 4725.121, 4725.501, 4729.071,	1340
4730.101, 4730.14, 4730.28, 4731.081, 4731.15, 4731.171, 4731.222,	1341
4731.281, 4731.296, 4731.531, 4732.091, 4734.202, 4740.061,	1342
4741.10, 4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032,	1343
4760.06, 4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012,	1344
5104.013, 5111.032, 5111.033, 5111.034, 5123.081, 5126.28,	1345
5126.281, or 5153.111 of the Revised Code. The form that the	1346
superintendent prescribes pursuant to this division may be in a	1347
tangible format, in an electronic format, or in both tangible and	1348
electronic formats.	1349

(2) The superintendent shall prescribe standard impression	1350
sheets to obtain the fingerprint impressions of any person for	1351
whom a criminal records check is requested under section 113.041	1352
of the Revised Code or required by section 121.08, 173.27,	1353
173.394, 1121.23, 1155.03, 1163.05, 1315.141, 1321.53, 1321.531,	1354
1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541,	1355
3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 3772.07, 4701.08,	1356
4715.101, 4717.061, 4725.121, 4725.501, 4729.071, 4730.101,	1357
4730.14, 4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,	1358
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,	1359
4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06,	1360
4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012,	1361
5104.013, 5111.032, 5111.033, 5111.034, 5123.081, 5126.28,	1362
5126.281, or 5153.111 of the Revised Code. Any person for whom a	1363
records check is requested under or required by any of those	1364
sections shall obtain the fingerprint impressions at a county	1365
sheriff's office, municipal police department, or any other entity	1366
with the ability to make fingerprint impressions on the standard	1367
impression sheets prescribed by the superintendent. The office,	1368
department, or entity may charge the person a reasonable fee for	1369
making the impressions. The standard impression sheets the	1370
superintendent prescribes pursuant to this division may be in a	1371
tangible format, in an electronic format, or in both tangible and	1372
electronic formats.	1373

(3) Subject to division (D) of this section, the	1374
superintendent shall prescribe and charge a reasonable fee for	1375
providing a criminal records check requested under section	1376
113.041, 121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05,	1377
1315.141, 1321.53, 1321.531, 1322.03, 1322.031, 1733.47, 1761.26,	1378
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121,	1379
3722.151, 3772.07, 4701.08, 4715.101, 4717.061, 4725.121,	1380
4725.501, 4729.071, 4730.101, 4730.14, 4730.28, 4731.081, 4731.15,	1381
4731.171, 4731.222, 4731.281, 4731.296, 4731.531, 4732.091,	1382
4734.202, 4740.061, 4741.10, 4749.03, 4749.06, 4755.70, 4757.101,	1383
4759.061, 4760.032, 4760.06, 4761.051, 4762.031, 4762.06, 4763.05,	1384
4779.091, 5104.012, 5104.013, 5111.032, 5111.033, 5111.034,	1385
5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. The	1386
person making a criminal records request under any of those	1387
sections shall pay the fee prescribed pursuant to this division. A	1388
person making a request under section 3701.881 of the Revised Code	1389
for a criminal records check for an applicant who may be both	1390
responsible for the care, custody, or control of a child and	1391
involved in providing direct care to an older adult shall pay one	1392
fee for the request. In the case of a request under section	1393
1121.23, 1155.03, 1163.05, 1315.141, 1733.47, 1761.26, or 5111.032	1394
of the Revised Code, the fee shall be paid in the manner specified	1395
in that section.	1396

(4) The superintendent of the bureau of criminal	1397
identification and investigation may prescribe methods of	1398
forwarding fingerprint impressions and information necessary to	1399
conduct a criminal records check, which methods shall include, but	1400
not be limited to, an electronic method.	1401

(D) A determination whether any information exists that	1402
indicates that a person previously has been convicted of or	1403
pleaded guilty to any offense listed or described in division	1404
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or	1405
(b), (A)(5)(a) or (b), (A)(6)(a) or (b), (A)(7), (A)(8)(a) or (b),	1406
(A)(9)(a) or (b), (A)(10)(a) or (b), (A)(12), or (A)(14), or	1407
(A)(15) of this section, or that indicates that a person	1408
previously has been convicted of or pleaded guilty to any criminal	1409
offense in this state or any other state regarding a criminal	1410
records check of a type described in division (A)(13) of this	1411
section, and that is made by the superintendent with respect to	1412
information considered in a criminal records check in accordance	1413
with this section is valid for the person who is the subject of	1414
the criminal records check for a period of one year from the date	1415
upon which the superintendent makes the determination. During the	1416
period in which the determination in regard to a person is valid,	1417
if another request under this section is made for a criminal	1418
records check for that person, the superintendent shall provide	1419
the information that is the basis for the superintendent's initial	1420
determination at a lower fee than the fee prescribed for the	1421
initial criminal records check.	1422

(E) As used in this section:

1423

(1) "Criminal records check" means any criminal records check	1424
conducted by the superintendent of the bureau of criminal	1425
identification and investigation in accordance with division (B)	1426
of this section.	1427

(2) "Minor drug possession offense" has the same meaning as	1428
in section 2925.01 of the Revised Code.	1429

(3) "Older adult" means a person age sixty or older.

1430

(4) "OVI or OVUAC violation" means a violation of section	1431
4511.19 of the Revised Code or a violation of an existing or	1432
former law of this state, any other state, or the United States	1433
that is substantially equivalent to section 4511.19 of the Revised	1434
Code.	1435

Sec. 109.71. There is hereby created in the office of the	1436
attorney general the Ohio peace officer training commission. The	1437
commission shall consist of nine members appointed by the governor	1438
with the advice and consent of the senate and selected as follows:	1439
one member representing the public; two members who are incumbent	1440
sheriffs; two members who are incumbent chiefs of police; one	1441
member from the bureau of criminal identification and	1442
investigation; one member from the state highway patrol; one	1443
member who is the special agent in charge of a field office of the	1444
federal bureau of investigation in this state; and one member from	1445
the department of education, trade and industrial education	1446
services, law enforcement training.	1447

This section does not confer any arrest authority or any	1448
ability or authority to detain a person, write or issue any	1449
citation, or provide any disposition alternative, as granted under	1450
Chapter 2935. of the Revised Code.	1451

As used in sections 109.71 to 109.801 of the Revised Code:

1452

(A) "Peace officer" means:

1453

(1) A deputy sheriff, marshal, deputy marshal, member of the	1454
organized police department of a township or municipal	1455
corporation, member of a township police district or joint	1456
township police district police force, member of a police force	1457
employed by a metropolitan housing authority under division (D) of	1458
section 3735.31 of the Revised Code, or township constable, who is	1459
commissioned and employed as a peace officer by a political	1460
subdivision of this state or by a metropolitan housing authority,	1461
and whose primary duties are to preserve the peace, to protect	1462
life and property, and to enforce the laws of this state,	1463
ordinances of a municipal corporation, resolutions of a township,	1464
or regulations of a board of county commissioners or board of	1465
township trustees, or any of those laws, ordinances, resolutions,	1466
or regulations;	1467

(2) A police officer who is employed by a railroad company	1468
and appointed and commissioned by the secretary of state pursuant	1469
to sections 4973.17 to 4973.22 of the Revised Code;	1470

(3) Employees of the department of taxation engaged in the	1471
enforcement of Chapter 5743. of the Revised Code and designated by	1472
the tax commissioner for peace officer training for purposes of	1473
the delegation of investigation powers under section 5743.45 of	1474
the Revised Code;	1475

(4) An undercover drug agent;

1476

(5) Enforcement agents of the department of public safety	1477
whom the director of public safety designates under section	1478
5502.14 of the Revised Code;	1479

(6) An employee of the department of natural resources who is	1480
a natural resources law enforcement staff officer designated	1481
pursuant to section 1501.013, a park officer designated pursuant	1482
to section 1541.10, a forest officer designated pursuant to	1483
section 1503.29, a preserve officer designated pursuant to section	1484
1517.10, a wildlife officer designated pursuant to section	1485
1531.13, or a state watercraft officer designated pursuant to	1486
section 1547.521 of the Revised Code;	1487

(7) An employee of a park district who is designated pursuant	1488
to section 511.232 or 1545.13 of the Revised Code;	1489

(8) An employee of a conservancy district who is designated	1490
pursuant to section 6101.75 of the Revised Code;	1491

(9) A police officer who is employed by a hospital that	1492
employs and maintains its own proprietary police department or	1493
security department, and who is appointed and commissioned by the	1494
secretary of state pursuant to sections 4973.17 to 4973.22 of the	1495
Revised Code;	1496

(10) Veterans' homes police officers designated under section	1497
5907.02 of the Revised Code;	1498

(11) A police officer who is employed by a qualified	1499
nonprofit corporation police department pursuant to section	1500
1702.80 of the Revised Code;	1501

(12) A state university law enforcement officer appointed	1502
under section 3345.04 of the Revised Code or a person serving as a	1503
state university law enforcement officer on a permanent basis on	1504
June 19, 1978, who has been awarded a certificate by the executive	1505
director of the Ohio peace officer training commission attesting	1506
to the person's satisfactory completion of an approved state,	1507
county, municipal, or department of natural resources peace	1508
officer basic training program;	1509

(13) A special police officer employed by the department of	1510
mental health pursuant to section 5119.14 of the Revised Code or	1511
the department of developmental disabilities pursuant to section	1512
5123.13 of the Revised Code;	1513

(14) A member of a campus police department appointed under	1514
section 1713.50 of the Revised Code;	1515

(15) A member of a police force employed by a regional	1516
transit authority under division (Y) of section 306.35 of the	1517
Revised Code;	1518

(16) Investigators appointed by the auditor of state pursuant	1519
to section 117.091 of the Revised Code and engaged in the	1520
enforcement of Chapter 117. of the Revised Code;	1521

(17) A special police officer designated by the	1522
superintendent of the state highway patrol pursuant to section	1523
5503.09 of the Revised Code or a person who was serving as a	1524
special police officer pursuant to that section on a permanent	1525
basis on October 21, 1997, and who has been awarded a certificate	1526
by the executive director of the Ohio peace officer training	1527
commission attesting to the person's satisfactory completion of an	1528
approved state, county, municipal, or department of natural	1529
resources peace officer basic training program;	1530

(18) A special police officer employed by a port authority	1531
under section 4582.04 or 4582.28 of the Revised Code or a person	1532
serving as a special police officer employed by a port authority	1533
on a permanent basis on May 17, 2000, who has been awarded a	1534
certificate by the executive director of the Ohio peace officer	1535
training commission attesting to the person's satisfactory	1536
completion of an approved state, county, municipal, or department	1537
of natural resources peace officer basic training program;	1538

(19) A special police officer employed by a municipal	1539
corporation who has been awarded a certificate by the executive	1540
director of the Ohio peace officer training commission for	1541
satisfactory completion of an approved peace officer basic	1542
training program and who is employed on a permanent basis on or	1543
after March 19, 2003, at a municipal airport, or other municipal	1544
air navigation facility, that has scheduled operations, as defined	1545
in section 119.3 of Title 14 of the Code of Federal Regulations,	1546
14 C.F.R. 119.3, as amended, and that is required to be under a	1547
security program and is governed by aviation security rules of the	1548
transportation security administration of the United States	1549
department of transportation as provided in Parts 1542. and 1544.	1550
of Title 49 of the Code of Federal Regulations, as amended;	1551

(20) A police officer who is employed by an owner or operator	1552
of an amusement park that has an average yearly attendance in	1553
excess of six hundred thousand guests and that employs and	1554
maintains its own proprietary police department or security	1555
department, and who is appointed and commissioned by a judge of	1556
the appropriate municipal court or county court pursuant to	1557
section 4973.17 of the Revised Code;	1558

(21) A police officer who is employed by a bank, savings and	1559
loan association, savings bank, credit union, or association of	1560
banks, savings and loan associations, savings banks, or credit	1561
unions, who has been appointed and commissioned by the secretary	1562
of state pursuant to sections 4973.17 to 4973.22 of the Revised	1563
Code, and who has been awarded a certificate by the executive	1564
director of the Ohio peace officer training commission attesting	1565
to the person's satisfactory completion of a state, county,	1566
municipal, or department of natural resources peace officer basic	1567
training program;	1568

(22) An investigator, as defined in section 109.541 of the	1569
Revised Code, of the bureau of criminal identification and	1570
investigation who is commissioned by the superintendent of the	1571
bureau as a special agent for the purpose of assisting law	1572
enforcement officers or providing emergency assistance to peace	1573
officers pursuant to authority granted under that section;	1574

(23) A state fire marshal law enforcement officer appointed	1575
under section 3737.22 of the Revised Code or a person serving as a	1576
state fire marshal law enforcement officer on a permanent basis on	1577
or after July 1, 1982, who has been awarded a certificate by the	1578
executive director of the Ohio peace officer training commission	1579
attesting to the person's satisfactory completion of an approved	1580
state, county, municipal, or department of natural resources peace	1581
officer basic training program;	1582

(24) A gaming agent employed under section 3772.03 of the	1583
Revised Code.	1584

(B) "Undercover drug agent" has the same meaning as in	1585
division (B)(2) of section 109.79 of the Revised Code.	1586

(C) "Crisis intervention training" means training in the use	1587
of interpersonal and communication skills to most effectively and	1588
sensitively interview victims of rape.	1589

(D) "Missing children" has the same meaning as in section	1590
2901.30 of the Revised Code.	1591

Sec. 109.77. (A) As used in this section, "felony" has the	1592
same meaning as in section 109.511 of the Revised Code.	1593

(B)(1) Notwithstanding any general, special, or local law or	1594
charter to the contrary, and except as otherwise provided in this	1595
section, no person shall receive an original appointment on a	1596
permanent basis as any of the following unless the person	1597
previously has been awarded a certificate by the executive	1598
director of the Ohio peace officer training commission attesting	1599
to the person's satisfactory completion of an approved state,	1600
county, municipal, or department of natural resources peace	1601
officer basic training program:	1602

(a) A peace officer of any county, township, municipal	1603
corporation, regional transit authority, or metropolitan housing	1604
authority;	1605

(b) A natural resources law enforcement staff officer, park	1606
officer, forest officer, preserve officer, wildlife officer, or	1607
state watercraft officer of the department of natural resources;	1608

(c) An employee of a park district under section 511.232 or	1609
1545.13 of the Revised Code;	1610

(d) An employee of a conservancy district who is designated	1611
pursuant to section 6101.75 of the Revised Code;	1612

(e) A state university law enforcement officer;

1613

(f) A special police officer employed by the department of	1614
mental health pursuant to section 5119.14 of the Revised Code or	1615
the department of developmental disabilities pursuant to section	1616
5123.13 of the Revised Code;	1617

(g) An enforcement agent of the department of public safety	1618
whom the director of public safety designates under section	1619
5502.14 of the Revised Code;	1620

(h) A special police officer employed by a port authority	1621
under section 4582.04 or 4582.28 of the Revised Code;	1622

(i) A special police officer employed by a municipal	1623
corporation at a municipal airport, or other municipal air	1624
navigation facility, that has scheduled operations, as defined in	1625
section 119.3 of Title 14 of the Code of Federal Regulations, 14	1626
C.F.R. 119.3, as amended, and that is required to be under a	1627
security program and is governed by aviation security rules of the	1628
transportation security administration of the United States	1629
department of transportation as provided in Parts 1542. and 1544.	1630
of Title 49 of the Code of Federal Regulations, as amended;	1631

(j) A gaming agent employed under section 3772.03 of the	1632
Revised Code.	1633

(2) Every person who is appointed on a temporary basis or for	1634
a probationary term or on other than a permanent basis as any of	1635
the following shall forfeit the appointed position unless the	1636
person previously has completed satisfactorily or, within the time	1637
prescribed by rules adopted by the attorney general pursuant to	1638
section 109.74 of the Revised Code, satisfactorily completes a	1639
state, county, municipal, or department of natural resources peace	1640
officer basic training program for temporary or probationary	1641
officers and is awarded a certificate by the director attesting to	1642
the satisfactory completion of the program:	1643

(a) A peace officer of any county, township, municipal	1644
corporation, regional transit authority, or metropolitan housing	1645
authority;	1646

(b) A natural resources law enforcement staff officer, park	1647
officer, forest officer, preserve officer, wildlife officer, or	1648
state watercraft officer of the department of natural resources;	1649

(c) An employee of a park district under section 511.232 or	1650
1545.13 of the Revised Code;	1651

(d) An employee of a conservancy district who is designated	1652
pursuant to section 6101.75 of the Revised Code;	1653

(e) A special police officer employed by the department of	1654
mental health pursuant to section 5119.14 of the Revised Code or	1655
the department of developmental disabilities pursuant to section	1656
5123.13 of the Revised Code;	1657

(f) An enforcement agent of the department of public safety	1658
whom the director of public safety designates under section	1659
5502.14 of the Revised Code;	1660

(g) A special police officer employed by a port authority	1661
under section 4582.04 or 4582.28 of the Revised Code;	1662

(h) A special police officer employed by a municipal	1663
corporation at a municipal airport, or other municipal air	1664
navigation facility, that has scheduled operations, as defined in	1665
section 119.3 of Title 14 of the Code of Federal Regulations, 14	1666
C.F.R. 119.3, as amended, and that is required to be under a	1667
security program and is governed by aviation security rules of the	1668
transportation security administration of the United States	1669
department of transportation as provided in Parts 1542. and 1544.	1670
of Title 49 of the Code of Federal Regulations, as amended.	1671

(3) For purposes of division (B) of this section, a state,	1672
county, municipal, or department of natural resources peace	1673
officer basic training program, regardless of whether the program	1674
is to be completed by peace officers appointed on a permanent or	1675
temporary, probationary, or other nonpermanent basis, shall	1676
include training in the handling of the offense of domestic	1677
violence, other types of domestic violence-related offenses and	1678
incidents, and protection orders and consent agreements issued or	1679
approved under section 2919.26 or 3113.31 of the Revised Code and	1680
crisis intervention training. The requirement to complete training	1681
in the handling of the offense of domestic violence, other types	1682
of domestic violence-related offenses and incidents, and	1683
protection orders and consent agreements issued or approved under	1684
section 2919.26 or 3113.31 of the Revised Code does not apply to	1685
any person serving as a peace officer on March 27, 1979, and the	1686
requirement to complete training in crisis intervention does not	1687
apply to any person serving as a peace officer on April 4, 1985.	1688
Any person who is serving as a peace officer on April 4, 1985, who	1689
terminates that employment after that date, and who subsequently	1690
is hired as a peace officer by the same or another law enforcement	1691
agency shall complete training in crisis intervention as	1692
prescribed by rules adopted by the attorney general pursuant to	1693
section 109.742 of the Revised Code. No peace officer shall have	1694
employment as a peace officer terminated and then be reinstated	1695
with intent to circumvent this section.	1696

(4) Division (B) of this section does not apply to any person	1697
serving on a permanent basis on March 28, 1985, as a park officer,	1698
forest officer, preserve officer, wildlife officer, or state	1699
watercraft officer of the department of natural resources or as an	1700
employee of a park district under section 511.232 or 1545.13 of	1701
the Revised Code, to any person serving on a permanent basis on	1702
March 6, 1986, as an employee of a conservancy district designated	1703
pursuant to section 6101.75 of the Revised Code, to any person	1704
serving on a permanent basis on January 10, 1991, as a preserve	1705
officer of the department of natural resources, to any person	1706
employed on a permanent basis on July 2, 1992, as a special police	1707
officer by the department of mental health pursuant to section	1708
5119.14 of the Revised Code or by the department of developmental	1709
disabilities pursuant to section 5123.13 of the Revised Code, to	1710
any person serving on a permanent basis on May 17, 2000, as a	1711
special police officer employed by a port authority under section	1712
4582.04 or 4582.28 of the Revised Code, to any person serving on a	1713
permanent basis on March 19, 2003, as a special police officer	1714
employed by a municipal corporation at a municipal airport or	1715
other municipal air navigation facility described in division	1716
(A)(19) of section 109.71 of the Revised Code, to any person	1717
serving on a permanent basis on June 19, 1978, as a state	1718
university law enforcement officer pursuant to section 3345.04 of	1719
the Revised Code and who, immediately prior to June 19, 1978, was	1720
serving as a special police officer designated under authority of	1721
that section, or to any person serving on a permanent basis on	1722
September 20, 1984, as a liquor control investigator, known after	1723
June 30, 1999, as an enforcement agent of the department of public	1724
safety, engaged in the enforcement of Chapters 4301. and 4303. of	1725
the Revised Code.	1726

(5) Division (B) of this section does not apply to any person	1727
who is appointed as a regional transit authority police officer	1728
pursuant to division (Y) of section 306.35 of the Revised Code if,	1729
on or before July 1, 1996, the person has completed satisfactorily	1730
an approved state, county, municipal, or department of natural	1731
resources peace officer basic training program and has been	1732
awarded a certificate by the executive director of the Ohio peace	1733
officer training commission attesting to the person's satisfactory	1734
completion of such an approved program and if, on July 1, 1996,	1735
the person is performing peace officer functions for a regional	1736
transit authority.	1737

(C) No person, after September 20, 1984, shall receive an	1738
original appointment on a permanent basis as a veterans' home	1739
police officer designated under section 5907.02 of the Revised	1740
Code unless the person previously has been awarded a certificate	1741
by the executive director of the Ohio peace officer training	1742
commission attesting to the person's satisfactory completion of an	1743
approved police officer basic training program. Every person who	1744
is appointed on a temporary basis or for a probationary term or on	1745
other than a permanent basis as a veterans' home police officer	1746
designated under section 5907.02 of the Revised Code shall forfeit	1747
that position unless the person previously has completed	1748
satisfactorily or, within one year from the time of appointment,	1749
satisfactorily completes an approved police officer basic training	1750
program.	1751

(D) No bailiff or deputy bailiff of a court of record of this	1752
state and no criminal investigator who is employed by the state	1753
public defender shall carry a firearm, as defined in section	1754
2923.11 of the Revised Code, while on duty unless the bailiff,	1755
deputy bailiff, or criminal investigator has done or received one	1756
of the following:	1757

(1) Has been awarded a certificate by the executive director	1758
of the Ohio peace officer training commission, which certificate	1759
attests to satisfactory completion of an approved state, county,	1760
or municipal basic training program for bailiffs and deputy	1761
bailiffs of courts of record and for criminal investigators	1762
employed by the state public defender that has been recommended by	1763
the Ohio peace officer training commission;	1764

(2) Has successfully completed a firearms training program	1765
approved by the Ohio peace officer training commission prior to	1766
employment as a bailiff, deputy bailiff, or criminal investigator;	1767

(3) Prior to June 6, 1986, was authorized to carry a firearm	1768
by the court that employed the bailiff or deputy bailiff or, in	1769
the case of a criminal investigator, by the state public defender	1770
and has received training in the use of firearms that the Ohio	1771
peace officer training commission determines is equivalent to the	1772
training that otherwise is required by division (D) of this	1773
section.	1774

(E)(1) Before a person seeking a certificate completes an	1775
approved peace officer basic training program, the executive	1776
director of the Ohio peace officer training commission shall	1777
request the person to disclose, and the person shall disclose, any	1778
previous criminal conviction of or plea of guilty of that person	1779
to a felony.	1780

(2) Before a person seeking a certificate completes an	1781
approved peace officer basic training program, the executive	1782
director shall request a criminal history records check on the	1783
person. The executive director shall submit the person's	1784
fingerprints to the bureau of criminal identification and	1785
investigation, which shall submit the fingerprints to the federal	1786
bureau of investigation for a national criminal history records	1787
check.	1788

Upon receipt of the executive director's request, the bureau	1789
of criminal identification and investigation and the federal	1790
bureau of investigation shall conduct a criminal history records	1791
check on the person and, upon completion of the check, shall	1792
provide a copy of the criminal history records check to the	1793
executive director. The executive director shall not award any	1794
certificate prescribed in this section unless the executive	1795
director has received a copy of the criminal history records check	1796
on the person to whom the certificate is to be awarded.	1797

(3) The executive director of the commission shall not award	1798
a certificate prescribed in this section to a person who has been	1799
convicted of or has pleaded guilty to a felony or who fails to	1800
disclose any previous criminal conviction of or plea of guilty to	1801
a felony as required under division (E)(1) of this section.	1802

(4) The executive director of the commission shall revoke the	1803
certificate awarded to a person as prescribed in this section, and	1804
that person shall forfeit all of the benefits derived from being	1805
certified as a peace officer under this section, if the person,	1806
before completion of an approved peace officer basic training	1807
program, failed to disclose any previous criminal conviction of or	1808
plea of guilty to a felony as required under division (E)(1) of	1809
this section.	1810

(F)(1) Regardless of whether the person has been awarded the	1811
certificate or has been classified as a peace officer prior to,	1812
on, or after October 16, 1996, the executive director of the Ohio	1813
peace officer training commission shall revoke any certificate	1814
that has been awarded to a person as prescribed in this section if	1815
the person does either of the following:	1816

(a) Pleads guilty to a felony committed on or after January	1817
1, 1997;	1818

(b) Pleads guilty to a misdemeanor committed on or after	1819
January 1, 1997, pursuant to a negotiated plea agreement as	1820
provided in division (D) of section 2929.43 of the Revised Code in	1821
which the person agrees to surrender the certificate awarded to	1822
the person under this section.	1823

(2) The executive director of the commission shall suspend	1824
any certificate that has been awarded to a person as prescribed in	1825
this section if the person is convicted, after trial, of a felony	1826
committed on or after January 1, 1997. The executive director	1827
shall suspend the certificate pursuant to division (F)(2) of this	1828
section pending the outcome of an appeal by the person from that	1829
conviction to the highest court to which the appeal is taken or	1830
until the expiration of the period in which an appeal is required	1831
to be filed. If the person files an appeal that results in that	1832
person's acquittal of the felony or conviction of a misdemeanor,	1833
or in the dismissal of the felony charge against that person, the	1834
executive director shall reinstate the certificate awarded to the	1835
person under this section. If the person files an appeal from that	1836
person's conviction of the felony and the conviction is upheld by	1837
the highest court to which the appeal is taken or if the person	1838
does not file a timely appeal, the executive director shall revoke	1839
the certificate awarded to the person under this section.	1840

(G)(1) If a person is awarded a certificate under this	1841
section and the certificate is revoked pursuant to division (E)(4)	1842
or (F) of this section, the person shall not be eligible to	1843
receive, at any time, a certificate attesting to the person's	1844
satisfactory completion of a peace officer basic training program.	1845

(2) The revocation or suspension of a certificate under	1846
division (E)(4) or (F) of this section shall be in accordance with	1847
Chapter 119. of the Revised Code.	1848

(H)(1) A person who was employed as a peace officer of a	1849
county, township, or municipal corporation of the state on January	1850
1, 1966, and who has completed at least sixteen years of full-time	1851
active service as such a peace officer, or equivalent service as	1852
determined by the executive director of the Ohio peace officer	1853
training commission, may receive an original appointment on a	1854
permanent basis and serve as a peace officer of a county,	1855
township, or municipal corporation, or as a state university law	1856
enforcement officer, without complying with the requirements of	1857
division (B) of this section.	1858

(2) Any person who held an appointment as a state highway	1859
trooper on January 1, 1966, may receive an original appointment on	1860
a permanent basis and serve as a peace officer of a county,	1861
township, or municipal corporation, or as a state university law	1862
enforcement officer, without complying with the requirements of	1863
division (B) of this section.	1864

(I) No person who is appointed as a peace officer of a	1865
county, township, or municipal corporation on or after April 9,	1866
1985, shall serve as a peace officer of that county, township, or	1867
municipal corporation unless the person has received training in	1868
the handling of missing children and child abuse and neglect cases	1869
from an approved state, county, township, or municipal police	1870
officer basic training program or receives the training within the	1871
time prescribed by rules adopted by the attorney general pursuant	1872
to section 109.741 of the Revised Code.	1873

(J) No part of any approved state, county, or municipal basic	1874
training program for bailiffs and deputy bailiffs of courts of	1875
record and no part of any approved state, county, or municipal	1876
basic training program for criminal investigators employed by the	1877
state public defender shall be used as credit toward the	1878
completion by a peace officer of any part of the approved state,	1879
county, or municipal peace officer basic training program that the	1880
peace officer is required by this section to complete	1881
satisfactorily.	1882

(K) This section does not apply to any member of the police	1883
department of a municipal corporation in an adjoining state	1884
serving in this state under a contract pursuant to section 737.04	1885
of the Revised Code.	1886

Sec. 109.79. (A) The Ohio peace officer training commission	1887
shall establish and conduct a training school for law enforcement	1888
officers of any political subdivision of the state or of the state	1889
public defender's office. The school shall be known as the Ohio	1890
peace officer training academy. No bailiff or deputy bailiff of a	1891
court of record of this state and no criminal investigator	1892
employed by the state public defender shall be permitted to attend	1893
the academy for training unless the employing court of the bailiff	1894
or deputy bailiff or the state public defender, whichever is	1895
applicable, has authorized the bailiff, deputy bailiff, or	1896
investigator to attend the academy.	1897

The Ohio peace officer training commission shall develop the	1898
training program, which shall include courses in both the civil	1899
and criminal functions of law enforcement officers, a course in	1900
crisis intervention with six or more hours of training, and	1901
training in the handling of missing children and child abuse and	1902
neglect cases, and shall establish rules governing qualifications	1903
for admission to the academy. The commission may require	1904
competitive examinations to determine fitness of prospective	1905
trainees, so long as the examinations or other criteria for	1906
admission to the academy are consistent with the provisions of	1907
Chapter 124. of the Revised Code.	1908

The Ohio peace officer training commission shall determine	1909
tuition costs sufficient in the aggregate to pay the costs of	1910
operating the academy. The costs of acquiring and equipping the	1911
academy shall be paid from appropriations made by the general	1912
assembly to the Ohio peace officer training commission for that	1913
purpose, from gifts or grants received for that purpose, or from	1914
fees for goods related to the academy.	1915

The Ohio peace officer training commission shall create a	1916
gaming-related curriculum for gaming agents. The Ohio peace	1917
officer training commission shall use money distributed to the	1918
Ohio peace officer training academy from the Ohio law enforcement	1919
training fund to first support the academy's training programs for	1920
gaming agents and gaming-related curriculum. The Ohio peace	1921
officer training commission may utilize existing training programs	1922
in other states that specialize in training gaming agents.	1923

The law enforcement officers, during the period of their	1924
training, shall receive compensation as determined by the	1925
political subdivision that sponsors them or, if the officer is a	1926
criminal investigator employed by the state public defender, as	1927
determined by the state public defender. The political subdivision	1928
may pay the tuition costs of the law enforcement officers they	1929
sponsor and the state public defender may pay the tuition costs of	1930
criminal investigators of that office who attend the academy.	1931

If trainee vacancies exist, the academy may train and issue	1932
certificates of satisfactory completion to peace officers who are	1933
employed by a campus police department pursuant to section 1713.50	1934
of the Revised Code, by a qualified nonprofit corporation police	1935
department pursuant to section 1702.80 of the Revised Code, or by	1936
a railroad company, who are amusement park police officers	1937
appointed and commissioned by a judge of the appropriate municipal	1938
court or county court pursuant to section 4973.17 of the Revised	1939
Code, or who are bank, savings and loan association, savings bank,	1940
credit union, or association of banks, savings and loan	1941
associations, savings banks, or credit unions, or hospital police	1942
officers appointed and commissioned by the secretary of state	1943
pursuant to sections 4973.17 to 4973.22 of the Revised Code,	1944
provided that no such officer shall be trained at the academy	1945
unless the officer meets the qualifications established for	1946
admission to the academy and the qualified nonprofit corporation	1947
police department; bank, savings and loan association, savings	1948
bank, credit union, or association of banks, savings and loan	1949
associations, savings banks, or credit unions; railroad company;	1950
hospital; or amusement park or the private college or university	1951
that established the campus police department prepays the entire	1952
cost of the training. A qualified nonprofit corporation police	1953
department; bank, savings and loan association, savings bank,	1954
credit union, or association of banks, savings and loan	1955
associations, savings banks, or credit unions; railroad company;	1956
hospital; or amusement park or a private college or university	1957
that has established a campus police department is not entitled to	1958
reimbursement from the state for any amount paid for the cost of	1959
training the bank, savings and loan association, savings bank,	1960
credit union, or association of banks, savings and loan	1961
associations, savings banks, or credit unions peace officers; the	1962
railroad company's peace officers; or the peace officers of the	1963
qualified nonprofit corporation police department, campus police	1964
department, hospital, or amusement park.	1965

The academy shall permit investigators employed by the state	1966
medical board to take selected courses that the board determines	1967
are consistent with its responsibilities for initial and	1968
continuing training of investigators as required under sections	1969
4730.26 and 4731.05 of the Revised Code. The board shall pay the	1970
entire cost of training that investigators receive at the academy.	1971

(B) As used in this section:

1972

(1) "Law enforcement officers" include any undercover drug	1973
agent, any bailiff or deputy bailiff of a court of record, and any	1974
criminal investigator who is employed by the state public	1975
defender.	1976

(2) "Undercover drug agent" means any person who:

1977

(a) Is employed by a county, township, or municipal	1978
corporation for the purposes set forth in division (B)(2)(b) of	1979
this section but who is not an employee of a county sheriff's	1980
department, of a township constable, or of the police department	1981
of a municipal corporation or township;	1982

(b) In the course of the person's employment by a county,	1983
township, or municipal corporation, investigates and gathers	1984
information pertaining to persons who are suspected of violating	1985
Chapter 2925. or 3719. of the Revised Code, and generally does not	1986
wear a uniform in the performance of the person's duties.	1987

(3) "Crisis intervention training" has the same meaning as in	1988
section 109.71 of the Revised Code.	1989

(4) "Missing children" has the same meaning as in section	1990
2901.30 of the Revised Code.	1991

Sec. 121.41. As used in sections 121.41 to 121.50 of the	1992
Revised Code:	1993

(A) "Appropriate ethics commission" has the same meaning as	1994
in section 102.01 of the Revised Code.	1995

(B) "Appropriate licensing agency" means a public or private	1996
entity that is responsible for licensing, certifying, or	1997
registering persons who are engaged in a particular vocation.	1998

(C) "Person" has the same meaning as in section 1.59 of the	1999
Revised Code and also includes any officer or employee of the	2000
state or any political subdivision of the state.	2001

(D) "State agency" has the same meaning as in section 1.60 of	2002
the Revised Code and includes the Ohio casino control commission,	2003
but does not include any of the following:	2004

(1) The general assembly;

2005

(2) Any court;

2006

(3) The secretary of state, auditor of state, treasurer of	2007
state, or attorney general and their respective offices.	2008

(E) "State employee" means any person who is an employee of a	2009
state agency or any person who does business with the state.	2010

(F) "State officer" means any person who is elected or	2011
appointed to a public office in a state agency.	2012

(G) "Wrongful act or omission" means an act or omission,	2013
committed in the course of office holding or employment, that is	2014
not in accordance with the requirements of law or such standards	2015
of proper governmental conduct as are commonly accepted in the	2016
community and thereby subverts, or tends to subvert, the process	2017
of government.	2018

Sec. 121.60. As used in sections 121.60 to 121.69 of the	2019
Revised Code:	2020

(A) "Person" and "compensation" have the same meanings as in	2021
section 101.70 of the Revised Code.	2022

(B) "Expenditure" means any of the following that is made to,	2023
at the request of, for the benefit of, or on behalf of an elected	2024
executive official, the director of a department created under	2025
section 121.02 of the Revised Code, an executive agency official,	2026
or a member of the staff of any public officer or employee listed	2027
in this division:	2028

(1) A payment, distribution, loan, advance, deposit,	2029
reimbursement, or gift of money, real estate, or anything of	2030
value, including, but not limited to, food and beverages,	2031
entertainment, lodging, transportation, or honorariums;	2032

(2) A contract, promise, or agreement to make an expenditure,	2033
whether or not legally enforceable;	2034

(3) The purchase, sale, or gift of services or any other	2035
thing of value. "Expenditure" does not include a contribution,	2036
gift, or grant to a foundation or other charitable organization	2037
that is exempt from federal income taxation under subsection	2038
501(c)(3) of the Internal Revenue Code. "Expenditure" does not	2039
include the purchase, sale, or gift of services or any other thing	2040
of value that is available to the general public on the same terms	2041
as it is available to the persons listed in this division, or an	2042
offer or sale of securities to any person listed in this division	2043
that is governed by regulation D, 17 C.F.R. ~~2301.501~~230.501 to	2044
~~2301.508~~230.508, adopted under the authority of the "Securities	2045
Act of 1933," 48 Stat. 74, 15 U.S.C.A. and following, or that is	2046
governed by a comparable provision under state law.	2047

(C) "Employer" means any person who, directly or indirectly,	2048
engages an executive agency lobbyist.	2049

(D) "Engage" means to make any arrangement, and "engagement"	2050
means arrangement, whereby an individual is employed or retained	2051
for compensation to act for or on behalf of an employer to	2052
influence executive agency decisions or to conduct any executive	2053
agency lobbying activity.	2054

(E) "Financial transaction" means a transaction or activity	2055
that is conducted or undertaken for profit and arises from the	2056
joint ownership or the ownership or part ownership in common of	2057
any real or personal property or any commercial or business	2058
enterprise of whatever form or nature between the following:	2059

(1) An executive agency lobbyist, ~~his~~the executive agency	2060
lobbyist's employer, or a member of the immediate family of the	2061
executive agency lobbyist or ~~his~~the executive agency lobbyist's	2062
employer; and	2063

(2) Any elected executive official, the director of a	2064
department created under section 121.02 of the Revised Code, an	2065
executive agency official, or any member of the staff of a public	2066
officer or employee listed in division (E)(2) of this section.	2067

"Financial transaction" does not include any transaction or	2068
activity described in division (E) of this section if it is	2069
available to the general public on the same terms, or if it is an	2070
offer or sale of securities to any person listed in division	2071
(E)(2) of this section that is governed by regulation D, 17 C.F.R.	2072
~~2301.501~~230.501 to ~~2301.508~~230.508, adopted under the authority	2073
of the "Securities Act of 1933," 48 Stat. 74, 15 U.S.C.A. and	2074
following, or that is governed by a comparable provision under	2075
state law.	2076

(F) "Executive agency" means the office of an elected	2077
executive official, a department created under section 121.02 of	2078
the Revised Code, or any other state agency, department, board, or	2079
commission controlled or directed by an elected executive official	2080
or otherwise subject to ~~his~~an elected executive official's	2081
authority. "Executive agency" does not include any court, the	2082
general assembly, or the controlling board.	2083

(G) "Executive agency decision" means a decision of an	2084
executive agency regarding the expenditure of funds of the state	2085
or of an executive agency with respect to the award of a contract,	2086
grant, lease, or other financial arrangement under which such	2087
funds are distributed or allocated, or a regulatory decision of an	2088
executive agency or any board or commission of the state.	2089
"Executive agency decision" does not include either of the	2090
following:	2091

(1) A purchasing decision for which a vendor has filed a	2092
statement certifying that hethe vendor has not made campaign	2093
contributions in an amount such that section 3517.13 of the	2094
Revised Code would invalidate the decision, if that vendor has not	2095
engaged an executive agency lobbyist;	2096

(2) The award of a competitively bid contract for which bid	2097
specifications were prepared and for which at least three eligible	2098
competitive bids were received by the executive agency.	2099

(H) "Executive agency lobbyist" means any person engaged to	2100
influence executive agency decisions or to conduct executive	2101
agency lobbying activity as one of ~~his~~the person's main purposes	2102
on a regular and substantial basis. "Executive agency lobbyist"	2103
does not include an elected or appointed officer or employee of a	2104
federal or state agency, state college, state university, or	2105
political subdivision who attempts to influence or affect	2106
executive agency decisions in ~~his~~a fiduciary capacity as a	2107
representative of ~~his~~the officer's or employee's agency, college,	2108
university, or political subdivision.	2109

(I) "Executive agency lobbying activity" means contacts made	2110
to promote, oppose, or otherwise influence the outcome of an	2111
executive agency decision by direct communication with an elected	2112
executive official, the director of any department listed in	2113
section 121.02 of the Revised Code, any executive agency official,	2114
or a member of the staff of any public officer or employee listed	2115
in this division, or the Ohio casino control commission. "Lobbying	2116
activity" does not include any of the following:	2117

(1) The action of any person having a direct interest in	2118
executive agency decisions who, under Section 3 of Article I, Ohio	2119
Constitution, assembles together with other persons to consult for	2120
their common good, instructs a person listed in the first	2121
paragraph of division (I) of this section, or petitions such a	2122
person for the redress of grievances;	2123

(2) Contacts made for the sole purpose of gathering	2124
information contained in a public record;	2125

(3) Appearances before an executive agency to give testimony.

2126

(J) "Executive agency official" means an officer or employee	2127
of an executive agency whose principal duties are to formulate	2128
policy or to participate directly or indirectly in the	2129
preparation, review, or award of contracts, grants, leases, or	2130
other financial arrangements with an executive agency.	2131

(K) "Aggrieved party" means a party entitled to resort to a	2132
remedy.	2133

(L) "Elected executive official" means the governor,	2134
lieutenant governor, secretary of state, auditor of state,	2135
treasurer of state, and the attorney general.	2136

(M) "Staff" means any officer or employee of an executive	2137
agency whose official duties are to formulate policy and who	2138
exercises administrative or supervisory authority or who	2139
authorizes the expenditure of state funds.	2140

Sec. 1705.48. Except as otherwise provided by this chapter	2141
or any other provision of the Revised Code, including, but not	2142
limited to, sections 3734.908, 5739.33, 5743.57, 5747.07, and	2143
~~5753.09~~5753.02 of the Revised Code, all of the following apply:	2144

(A) The debts, obligations, and liabilities of a limited	2145
liability company, whether arising in contract, tort, or	2146
otherwise, are solely the debts, obligations, and liabilities of	2147
the limited liability company.	2148

(B) Neither the members of the limited liability company nor	2149
any managers of the limited liability company are personally	2150
liable to satisfy any judgment, decree, or order of a court for,	2151
or are personally liable to satisfy in any other manner, a debt,	2152
obligation, or liability of the company solely by reason of being	2153
a member or manager of the limited liability company.	2154

(C) Nothing in this chapter affects any personal liability of	2155
a member of a limited liability company or any manager of a	2156
limited liability company for the member's or manager's own	2157
actions or omissions.	2158

(D) This chapter does not affect any statutory or common law	2159
of this or another state that pertains to the relationship between	2160
an individual who renders a professional service and a recipient	2161
of that service, including, but not limited to, any contract or	2162
tort liability arising out of acts or omissions committed or	2163
omitted during the course of rendering the professional service.	2164

Sec. 2915.01. As used in this chapter:

2165

(A) "Bookmaking" means the business of receiving or paying	2166
off bets.	2167

(B) "Bet" means the hazarding of anything of value upon the	2168
result of an event, undertaking, or contingency, but does not	2169
include a bona fide business risk.	2170

(C) "Scheme of chance" means a slot machine, lottery, numbers	2171
game, pool conducted for profit, or other scheme in which a	2172
participant gives a valuable consideration for a chance to win a	2173
prize, but does not include bingo, a skill-based amusement	2174
machine, or a pool not conducted for profit.	2175

(D) "Game of chance" means poker, craps, roulette, or other	2176
game in which a player gives anything of value in the hope of	2177
gain, the outcome of which is determined largely by chance, but	2178
does not include bingo.	2179

(E) "Game of chance conducted for profit" means any game of	2180
chance designed to produce income for the person who conducts or	2181
operates the game of chance, but does not include bingo.	2182

(F) "Gambling device" means any of the following:

2183

(1) A book, totalizer, or other equipment for recording bets;

2184

(2) A ticket, token, or other device representing a chance,	2185
share, or interest in a scheme of chance or evidencing a bet;	2186

(3) A deck of cards, dice, gaming table, roulette wheel, slot	2187
machine, or other apparatus designed for use in connection with a	2188
game of chance;	2189

(4) Any equipment, device, apparatus, or paraphernalia	2190
specially designed for gambling purposes;	2191

(5) Bingo supplies sold or otherwise provided, or used, in	2192
violation of this chapter.	2193

(G) "Gambling offense" means any of the following:

2194

(1) A violation of section 2915.02, 2915.03, 2915.04,	2195
2915.05, 2915.06, 2915.07, 2915.08, 2915.081, 2915.082, 2915.09,	2196
2915.091, 2915.092, 2915.10, or 2915.11 of the Revised Code;	2197

(2) A violation of an existing or former municipal ordinance	2198
or law of this or any other state or the United States	2199
substantially equivalent to any section listed in division (G)(1)	2200
of this section or a violation of section 2915.06 of the Revised	2201
Code as it existed prior to July 1, 1996;	2202

(3) An offense under an existing or former municipal	2203
ordinance or law of this or any other state or the United States,	2204
of which gambling is an element;	2205

(4) A conspiracy or attempt to commit, or complicity in	2206
committing, any offense under division (G)(1), (2), or (3) of this	2207
section.	2208

(H) Except as otherwise provided in this chapter, "charitable	2209
organization" means any tax exempt religious, educational,	2210
veteran's, fraternal, sporting, service, nonprofit medical,	2211
volunteer rescue service, volunteer firefighter's, senior	2212
citizen's, historic railroad educational, youth athletic, amateur	2213
athletic, or youth athletic park organization. An organization is	2214
tax exempt if the organization is, and has received from the	2215
internal revenue service a determination letter that currently is	2216
in effect stating that the organization is, exempt from federal	2217
income taxation under subsection 501(a) and described in	2218
subsection 501(c)(3), 501(c)(4), 501(c)(8), 501(c)(10), or	2219
501(c)(19) of the Internal Revenue Code, or if the organization is	2220
a sporting organization that is exempt from federal income	2221
taxation under subsection 501(a) and is described in subsection	2222
501(c)(7) of the Internal Revenue Code. To qualify as a charitable	2223
organization, an organization, except a volunteer rescue service	2224
or volunteer firefighter's organization, shall have been in	2225
continuous existence as such in this state for a period of two	2226
years immediately preceding either the making of an application	2227
for a bingo license under section 2915.08 of the Revised Code or	2228
the conducting of any game of chance as provided in division (D)	2229
of section 2915.02 of the Revised Code. A charitable organization	2230
that is exempt from federal income taxation under subsection	2231
501(a) and described in subsection 501(c)(3) of the Internal	2232
Revenue Code and that is created by a veteran's organization, a	2233
fraternal organization, or a sporting organization does not have	2234
to have been in continuous existence as such in this state for a	2235
period of two years immediately preceding either the making of an	2236
application for a bingo license under section 2915.08 of the	2237
Revised Code or the conducting of any game of chance as provided	2238
in division (D) of section 2915.02 of the Revised Code.	2239

(I) "Religious organization" means any church, body of	2240
communicants, or group that is not organized or operated for	2241
profit and that gathers in common membership for regular worship	2242
and religious observances.	2243

(J) "Educational organization" means any organization within	2244
this state that is not organized for profit, the primary purpose	2245
of which is to educate and develop the capabilities of individuals	2246
through instruction by means of operating or contributing to the	2247
support of a school, academy, college, or university.	2248

(K) "Veteran's organization" means any individual post or	2249
state headquarters of a national veteran's association or an	2250
auxiliary unit of any individual post of a national veteran's	2251
association, which post, state headquarters, or auxiliary unit ~~has~~	2252
~~been in continuous existence in this state for at least two years~~	2253
~~and~~is incorporated as a nonprofit corporation and either has	2254
received a letter from the state headquarters of the national	2255
veteran's association indicating that the individual post or	2256
auxiliary unit is in good standing with the national veteran's	2257
association or has received a letter from the national veteran's	2258
association indicating that the state headquarters is in good	2259
standing with the national veteran's association. As used in this	2260
division, "national veteran's association" means any veteran's	2261
association that has been in continuous existence as such for a	2262
period of at least five years and either is incorporated by an act	2263
of the United States congress or has a national dues-paying	2264
membership of at least five thousand persons.	2265

(L) "Volunteer firefighter's organization" means any	2266
organization of volunteer firefighters, as defined in section	2267
146.01 of the Revised Code, that is organized and operated	2268
exclusively to provide financial support for a volunteer fire	2269
department or a volunteer fire company and that is recognized or	2270
ratified by a county, municipal corporation, or township.	2271

(M) "Fraternal organization" means any society, order, state	2272
headquarters, or association within this state, except a college	2273
or high school fraternity, that is not organized for profit, that	2274
is a branch, lodge, or chapter of a national or state	2275
organization, that exists exclusively for the common business or	2276
sodality of its members~~, and that has been in continuous existence~~	2277
~~in this state for a period of five years~~.	2278

(N) "Volunteer rescue service organization" means any	2279
organization of volunteers organized to function as an emergency	2280
medical service organization, as defined in section 4765.01 of the	2281
Revised Code.	2282

(O) "Service organization" means either of the following:

2283

(1) Any organization, not organized for profit, that is	2284
organized and operated exclusively to provide, or to contribute to	2285
the support of organizations or institutions organized and	2286
operated exclusively to provide, medical and therapeutic services	2287
for persons who are crippled, born with birth defects, or have any	2288
other mental or physical defect or those organized and operated	2289
exclusively to protect, or to contribute to the support of	2290
organizations or institutions organized and operated exclusively	2291
to protect, animals from inhumane treatment or provide immediate	2292
shelter to victims of domestic violence;	2293

(2) Any organization that is described in subsection	2294
509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code	2295
and is either a governmental unit or an organization that is tax	2296
exempt under subsection 501(a) and described in subsection	2297
501(c)(3) of the Internal Revenue Code and that is an	2298
organization, not organized for profit, that is organized and	2299
operated primarily to provide, or to contribute to the support of	2300
organizations or institutions organized and operated primarily to	2301
provide, medical and therapeutic services for persons who are	2302
crippled, born with birth defects, or have any other mental or	2303
physical defect.	2304

(P) "Nonprofit medical organization" means either of the	2305
following:	2306

(1) Any organization that has been incorporated as a	2307
nonprofit corporation for at least five years and that has	2308
continuously operated and will be operated exclusively to provide,	2309
or to contribute to the support of organizations or institutions	2310
organized and operated exclusively to provide, hospital, medical,	2311
research, or therapeutic services for the public;	2312

(2) Any organization that is described and qualified under	2313
subsection 501(c)(3) of the Internal Revenue Code, that has been	2314
incorporated as a nonprofit corporation for at least five years,	2315
and that has continuously operated and will be operated primarily	2316
to provide, or to contribute to the support of organizations or	2317
institutions organized and operated primarily to provide,	2318
hospital, medical, research, or therapeutic services for the	2319
public.	2320

(Q) "Senior citizen's organization" means any private	2321
organization, not organized for profit, that is organized and	2322
operated exclusively to provide recreational or social services	2323
for persons who are fifty-five years of age or older and that is	2324
described and qualified under subsection 501(c)(3) of the Internal	2325
Revenue Code.	2326

(R) "Charitable bingo game" means any bingo game described in	2327
division (S)(1) or (2) of this section that is conducted by a	2328
charitable organization that has obtained a license pursuant to	2329
section 2915.08 of the Revised Code and the proceeds of which are	2330
used for a charitable purpose.	2331

(S) "Bingo" means either of the following:

2332

(1) A game with all of the following characteristics:

2333

(a) The participants use bingo cards or sheets, including	2334
paper formats and electronic representation or image formats, that	2335
are divided into twenty-five spaces arranged in five horizontal	2336
and five vertical rows of spaces, with each space, except the	2337
central space, being designated by a combination of a letter and a	2338
number and with the central space being designated as a free	2339
space.	2340

(b) The participants cover the spaces on the bingo cards or	2341
sheets that correspond to combinations of letters and numbers that	2342
are announced by a bingo game operator.	2343

(c) A bingo game operator announces combinations of letters	2344
and numbers that appear on objects that a bingo game operator	2345
selects by chance, either manually or mechanically, from a	2346
receptacle that contains seventy-five objects at the beginning of	2347
each game, each object marked by a different combination of a	2348
letter and a number that corresponds to one of the seventy-five	2349
possible combinations of a letter and a number that can appear on	2350
the bingo cards or sheets.	2351

(d) The winner of the bingo game includes any participant who	2352
properly announces during the interval between the announcements	2353
of letters and numbers as described in division (S)(1)(c) of this	2354
section, that a predetermined and preannounced pattern of spaces	2355
has been covered on a bingo card or sheet being used by the	2356
participant.	2357

(2) Instant bingo, punch boards, and raffles.

2358

(T) "Conduct" means to back, promote, organize, manage, carry	2359
on, sponsor, or prepare for the operation of bingo or a game of	2360
chance.	2361

(U) "Bingo game operator" means any person, except security	2362
personnel, who performs work or labor at the site of bingo,	2363
including, but not limited to, collecting money from participants,	2364
handing out bingo cards or sheets or objects to cover spaces on	2365
bingo cards or sheets, selecting from a receptacle the objects	2366
that contain the combination of letters and numbers that appear on	2367
bingo cards or sheets, calling out the combinations of letters and	2368
numbers, distributing prizes, selling or redeeming instant bingo	2369
tickets or cards, supervising the operation of a punch board,	2370
selling raffle tickets, selecting raffle tickets from a receptacle	2371
and announcing the winning numbers in a raffle, and preparing,	2372
selling, and serving food or beverages.	2373

(V) "Participant" means any person who plays bingo.

2374

(W) "Bingo session" means a period that includes both of the	2375
following:	2376

(1) Not to exceed five continuous hours for the conduct of	2377
one or more games described in division (S)(1) of this section,	2378
instant bingo, and seal cards;	2379

(2) A period for the conduct of instant bingo and seal cards	2380
for not more than two hours before and not more than two hours	2381
after the period described in division (W)(1) of this section.	2382

(X) "Gross receipts" means all money or assets, including	2383
admission fees, that a person receives from bingo without the	2384
deduction of any amounts for prizes paid out or for the expenses	2385
of conducting bingo. "Gross receipts" does not include any money	2386
directly taken in from the sale of food or beverages by a	2387
charitable organization conducting bingo, or by a bona fide	2388
auxiliary unit or society of a charitable organization conducting	2389
bingo, provided all of the following apply:	2390

(1) The auxiliary unit or society has been in existence as a	2391
bona fide auxiliary unit or society of the charitable organization	2392
for at least two years prior to conducting bingo.	2393

(2) The person who purchases the food or beverage receives	2394
nothing of value except the food or beverage and items customarily	2395
received with the purchase of that food or beverage.	2396

(3) The food and beverages are sold at customary and	2397
reasonable prices.	2398

(Y) "Security personnel" includes any person who either is a	2399
sheriff, deputy sheriff, marshal, deputy marshal, township	2400
constable, or member of an organized police department of a	2401
municipal corporation or has successfully completed a peace	2402
officer's training course pursuant to sections 109.71 to 109.79 of	2403
the Revised Code and who is hired to provide security for the	2404
premises on which bingo is conducted.	2405

(Z) "Charitable purpose" means that the net profit of bingo,	2406
other than instant bingo, is used by, or is given, donated, or	2407
otherwise transferred to, any of the following:	2408

(1) Any organization that is described in subsection	2409
509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code	2410
and is either a governmental unit or an organization that is tax	2411
exempt under subsection 501(a) and described in subsection	2412
501(c)(3) of the Internal Revenue Code;	2413

(2) A veteran's organization that is a post, chapter, or	2414
organization of veterans, or an auxiliary unit or society of, or a	2415
trust or foundation for, any such post, chapter, or organization	2416
organized in the United States or any of its possessions, at least	2417
seventy-five per cent of the members of which are veterans and	2418
substantially all of the other members of which are individuals	2419
who are spouses, widows, or widowers of veterans, or such	2420
individuals, provided that no part of the net earnings of such	2421
post, chapter, or organization inures to the benefit of any	2422
private shareholder or individual, and further provided that the	2423
net profit is used by the post, chapter, or organization for the	2424
charitable purposes set forth in division (B)(12) of section	2425
5739.02 of the Revised Code, is used for awarding scholarships to	2426
or for attendance at an institution mentioned in division (B)(12)	2427
of section 5739.02 of the Revised Code, is donated to a	2428
governmental agency, or is used for nonprofit youth activities,	2429
the purchase of United States or Ohio flags that are donated to	2430
schools, youth groups, or other bona fide nonprofit organizations,	2431
promotion of patriotism, or disaster relief;	2432

(3) A fraternal organization that has been in continuous	2433
existence in this state for fifteen years and that uses the net	2434
profit exclusively for religious, charitable, scientific,	2435
literary, or educational purposes, or for the prevention of	2436
cruelty to children or animals, if contributions for such use	2437
would qualify as a deductible charitable contribution under	2438
subsection 170 of the Internal Revenue Code;	2439

(4) A volunteer firefighter's organization that uses the net	2440
profit for the purposes set forth in division (L) of this section.	2441

(AA) "Internal Revenue Code" means the "Internal Revenue Code	2442
of 1986," 100 Stat. 2085, 26 U.S.C. 1, as now or hereafter	2443
amended.	2444

(BB) "Youth athletic organization" means any organization,	2445
not organized for profit, that is organized and operated	2446
exclusively to provide financial support to, or to operate,	2447
athletic activities for persons who are twenty-one years of age or	2448
younger by means of sponsoring, organizing, operating, or	2449
contributing to the support of an athletic team, club, league, or	2450
association.	2451

(CC) "Youth athletic park organization" means any	2452
organization, not organized for profit, that satisfies both of the	2453
following:	2454

(1) It owns, operates, and maintains playing fields that	2455
satisfy both of the following:	2456

(a) The playing fields are used at least one hundred days per	2457
year for athletic activities by one or more organizations, not	2458
organized for profit, each of which is organized and operated	2459
exclusively to provide financial support to, or to operate,	2460
athletic activities for persons who are eighteen years of age or	2461
younger by means of sponsoring, organizing, operating, or	2462
contributing to the support of an athletic team, club, league, or	2463
association.	2464

(b) The playing fields are not used for any profit-making	2465
activity at any time during the year.	2466

(2) It uses the proceeds of bingo it conducts exclusively for	2467
the operation, maintenance, and improvement of its playing fields	2468
of the type described in division (CC)(1) of this section.	2469

(DD) "Amateur athletic organization" means any organization,	2470
not organized for profit, that is organized and operated	2471
exclusively to provide financial support to, or to operate,	2472
athletic activities for persons who are training for amateur	2473
athletic competition that is sanctioned by a national governing	2474
body as defined in the "Amateur Sports Act of 1978," 90 Stat.	2475
3045, 36 U.S.C.A. 373.	2476

(EE) "Bingo supplies" means bingo cards or sheets; instant	2477
bingo tickets or cards; electronic bingo aids; raffle tickets;	2478
punch boards; seal cards; instant bingo ticket dispensers; and	2479
devices for selecting or displaying the combination of bingo	2480
letters and numbers or raffle tickets. Items that are "bingo	2481
supplies" are not gambling devices if sold or otherwise provided,	2482
and used, in accordance with this chapter. For purposes of this	2483
chapter, "bingo supplies" are not to be considered equipment used	2484
to conduct a bingo game.	2485

(FF) "Instant bingo" means a form of bingo that uses folded	2486
or banded tickets or paper cards with perforated break-open tabs,	2487
a face of which is covered or otherwise hidden from view to	2488
conceal a number, letter, or symbol, or set of numbers, letters,	2489
or symbols, some of which have been designated in advance as prize	2490
winners. "Instant bingo" includes seal cards. "Instant bingo" does	2491
not include any device that is activated by the insertion of a	2492
coin, currency, token, or an equivalent, and that contains as one	2493
of its components a video display monitor that is capable of	2494
displaying numbers, letters, symbols, or characters in winning or	2495
losing combinations.	2496

(GG) "Seal card" means a form of instant bingo that uses	2497
instant bingo tickets in conjunction with a board or placard that	2498
contains one or more seals that, when removed or opened, reveal	2499
predesignated winning numbers, letters, or symbols.	2500

(HH) "Raffle" means a form of bingo in which the one or more	2501
prizes are won by one or more persons who have purchased a raffle	2502
ticket. The one or more winners of the raffle are determined by	2503
drawing a ticket stub or other detachable section from a	2504
receptacle containing ticket stubs or detachable sections	2505
corresponding to all tickets sold for the raffle. "Raffle" does	2506
not include the drawing of a ticket stub or other detachable	2507
section of a ticket purchased to attend a professional sporting	2508
event if both of the following apply:	2509

(1) The ticket stub or other detachable section is used to	2510
select the winner of a free prize given away at the professional	2511
sporting event; and	2512

(2) The cost of the ticket is the same as the cost of a	2513
ticket to the professional sporting event on days when no free	2514
prize is given away.	2515

(II) "Punch board" means a board containing a number of holes	2516
or receptacles of uniform size in which are placed, mechanically	2517
and randomly, serially numbered slips of paper that may be punched	2518
or drawn from the hole or receptacle when used in conjunction with	2519
instant bingo. A player may punch or draw the numbered slips of	2520
paper from the holes or receptacles and obtain the prize	2521
established for the game if the number drawn corresponds to a	2522
winning number or, if the punch board includes the use of a seal	2523
card, a potential winning number.	2524

(JJ) "Gross profit" means gross receipts minus the amount	2525
actually expended for the payment of prize awards.	2526

(KK) "Net profit" means gross profit minus expenses.

2527

(LL) "Expenses" means the reasonable amount of gross profit	2528
actually expended for all of the following:	2529

(1) The purchase or lease of bingo supplies;

2530

(2) The annual license fee required under section 2915.08 of	2531
the Revised Code;	2532

(3) Bank fees and service charges for a bingo session or game	2533
account described in section 2915.10 of the Revised Code;	2534

(4) Audits and accounting services;

2535

(5) Safes;

2536

(6) Cash registers;

2537

(7) Hiring security personnel;

2538

(8) Advertising bingo;

2539

(9) Renting premises in which to conduct a bingo session;

2540

(10) Tables and chairs;

2541

(11) Expenses for maintaining and operating a charitable	2542
organization's facilities, including, but not limited to, a post	2543
home, club house, lounge, tavern, or canteen and any grounds	2544
attached to the post home, club house, lounge, tavern, or canteen;	2545

(12) Payment of real property taxes and assessments that are	2546
levied on a premises on which bingo is conducted;	2547

(13) Any other product or service directly related to the	2548
conduct of bingo that is authorized in rules adopted by the	2549
attorney general under division (B)(1) of section 2915.08 of the	2550
Revised Code.	2551

(MM) "Person" has the same meaning as in section 1.59 of the	2552
Revised Code and includes any firm or any other legal entity,	2553
however organized.	2554

(NN) "Revoke" means to void permanently all rights and	2555
privileges of the holder of a license issued under section	2556
2915.08, 2915.081, or 2915.082 of the Revised Code or a charitable	2557
gaming license issued by another jurisdiction.	2558

(OO) "Suspend" means to interrupt temporarily all rights and	2559
privileges of the holder of a license issued under section	2560
2915.08, 2915.081, or 2915.082 of the Revised Code or a charitable	2561
gaming license issued by another jurisdiction.	2562

(PP) "Distributor" means any person who purchases or obtains	2563
bingo supplies and who does either of the following:	2564

(1) Sells, offers for sale, or otherwise provides or offers	2565
to provide the bingo supplies to another person for use in this	2566
state;	2567

(2) Modifies, converts, adds to, or removes parts from the	2568
bingo supplies to further their promotion or sale for use in this	2569
state.	2570

(QQ) "Manufacturer" means any person who assembles completed	2571
bingo supplies from raw materials, other items, or subparts or who	2572
modifies, converts, adds to, or removes parts from bingo supplies	2573
to further their promotion or sale.	2574

(RR) "Gross annual revenues" means the annual gross receipts	2575
derived from the conduct of bingo described in division (S)(1) of	2576
this section plus the annual net profit derived from the conduct	2577
of bingo described in division (S)(2) of this section.	2578

(SS) "Instant bingo ticket dispenser" means a mechanical	2579
device that dispenses an instant bingo ticket or card as the sole	2580
item of value dispensed and that has the following	2581
characteristics:	2582

(1) It is activated upon the insertion of United States	2583
currency.	2584

(2) It performs no gaming functions.

2585

(3) It does not contain a video display monitor or generate	2586
noise.	2587

(4) It is not capable of displaying any numbers, letters,	2588
symbols, or characters in winning or losing combinations.	2589

(5) It does not simulate or display rolling or spinning	2590
reels.	2591

(6) It is incapable of determining whether a dispensed bingo	2592
ticket or card is a winning or nonwinning ticket or card and	2593
requires a winning ticket or card to be paid by a bingo game	2594
operator.	2595

(7) It may provide accounting and security features to aid in	2596
accounting for the instant bingo tickets or cards it dispenses.	2597

(8) It is not part of an electronic network and is not	2598
interactive.	2599

(TT)(1) "Electronic bingo aid" means an electronic device	2600
used by a participant to monitor bingo cards or sheets purchased	2601
at the time and place of a bingo session and that does all of the	2602
following:	2603

(a) It provides a means for a participant to input numbers	2604
and letters announced by a bingo caller.	2605

(b) It compares the numbers and letters entered by the	2606
participant to the bingo faces previously stored in the memory of	2607
the device.	2608

2609

(2) "Electronic bingo aid" does not include any device into	2610
which a coin, currency, token, or an equivalent is inserted to	2611
activate play.	2612

(UU) "Deal of instant bingo tickets" means a single game of	2613
instant bingo tickets all with the same serial number.	2614

(VV)(1) "Slot machine" means either of the following:

2615

(a) Any mechanical, electronic, video, or digital device that	2616
is capable of accepting anything of value, directly or indirectly,	2617
from or on behalf of a player who gives the thing of value in the	2618
hope of gain;	2619

(b) Any mechanical, electronic, video, or digital device that	2620
is capable of accepting anything of value, directly or indirectly,	2621
from or on behalf of a player to conduct ~~or dispense~~ bingo or a	2622
scheme or game of chance.	2623

(2) "Slot machine" does not include a skill-based amusement	2624
machine or an instant bingo ticket dispenser.	2625

(WW) "Net profit from the proceeds of the sale of instant	2626
bingo" means gross profit minus the ordinary, necessary, and	2627
reasonable expense expended for the purchase of instant bingo	2628
supplies.	2629

(XX) "Charitable instant bingo organization" means an	2630
organization that is exempt from federal income taxation under	2631
subsection 501(a) and described in subsection 501(c)(3) of the	2632
Internal Revenue Code and is a charitable organization as defined	2633
in this section. A "charitable instant bingo organization" does	2634
not include a charitable organization that is exempt from federal	2635
income taxation under subsection 501(a) and described in	2636
subsection 501(c)(3) of the Internal Revenue Code and that is	2637
created by a veteran's organization, a fraternal organization, or	2638
a sporting organization in regards to bingo conducted or assisted	2639
by a veteran's organization, a fraternal organization, or a	2640
sporting organization pursuant to section 2915.13 of the Revised	2641
Code.	2642

(YY) "Game flare" means the board or placard that accompanies	2643
each deal of instant bingo tickets and that has printed on or	2644
affixed to it the following information for the game:	2645

(1) The name of the game;

2646

(2) The manufacturer's name or distinctive logo;

2647

(3) The form number;

2648

(4) The ticket count;

2649

(5) The prize structure, including the number of winning	2650
instant bingo tickets by denomination and the respective winning	2651
symbol or number combinations for the winning instant bingo	2652
tickets;	2653

(6) The cost per play;

2654

(7) The serial number of the game.

2655

(ZZ) "Historic railroad educational organization" means an	2656
organization that is exempt from federal income taxation under	2657
subsection 501(a) and described in subsection 501(c)(3) of the	2658
Internal Revenue Code, that owns in fee simple the tracks and the	2659
right of way of a historic railroad that the organization restores	2660
or maintains and on which the organization provides excursions as	2661
part of a program to promote tourism and educate visitors	2662
regarding the role of railroad transportation in Ohio history, and	2663
that received as donations from a charitable organization that	2664
holds a license to conduct bingo under this chapter an amount	2665
equal to at least fifty per cent of that licensed charitable	2666
organization's net proceeds from the conduct of bingo during each	2667
of the five years preceding June 30, 2003. "Historic railroad"	2668
means all or a portion of the tracks and right-of-way of a	2669
railroad that was owned and operated by a for-profit common	2670
carrier in this state at any time prior to January 1, 1950.	2671

(AAA)(1) "Skill-based amusement machine" means a mechanical,	2672
video, digital, or electronic device that rewards the player or	2673
players, if at all, only with merchandise prizes or with	2674
redeemable vouchers redeemable only for merchandise prizes,	2675
provided that with respect to rewards for playing the game all of	2676
the following apply:	2677

(a) The wholesale value of a merchandise prize awarded as a	2678
result of the single play of a machine does not exceed ten	2679
dollars;	2680

(b) Redeemable vouchers awarded for any single play of a	2681
machine are not redeemable for a merchandise prize with a	2682
wholesale value of more than ten dollars;	2683

(c) Redeemable vouchers are not redeemable for a merchandise	2684
prize that has a wholesale value of more than ten dollars times	2685
the fewest number of single plays necessary to accrue the	2686
redeemable vouchers required to obtain that prize; and	2687

(d) Any redeemable vouchers or merchandise prizes are	2688
distributed at the site of the skill-based amusement machine at	2689
the time of play.	2690

(2) A device shall not be considered a skill-based amusement	2691
machine and shall be considered a slot machine if it pays cash or	2692
one or more of the following apply:	2693

(a) The ability of a player to succeed at the game is	2694
impacted by the number or ratio of prior wins to prior losses of	2695
players playing the game.	2696

(b) Any reward of redeemable vouchers is not based solely on	2697
the player achieving the object of the game or the player's score;	2698

(c) The outcome of the game, or the value of the redeemable	2699
voucher or merchandise prize awarded for winning the game, can be	2700
controlled by a source other than any player playing the game.	2701

(d) The success of any player is or may be determined by a	2702
chance event that cannot be altered by player actions.	2703

(e) The ability of any player to succeed at the game is	2704
determined by game features not visible or known to the player.	2705

(f) The ability of the player to succeed at the game is	2706
impacted by the exercise of a skill that no reasonable player	2707
could exercise.	2708

(3) All of the following apply to any machine that is	2709
operated as described in division (AAA)(1) of this section:	2710

(a) As used in this section, "game" and "play" mean one event	2711
from the initial activation of the machine until the results of	2712
play are determined without payment of additional consideration.	2713
An individual utilizing a machine that involves a single game,	2714
play, contest, competition, or tournament may be awarded	2715
redeemable vouchers or merchandise prizes based on the results of	2716
play.	2717

(b) Advance play for a single game, play, contest,	2718
competition, or tournament participation may be purchased. The	2719
cost of the contest, competition, or tournament participation may	2720
be greater than a single noncontest, competition, or tournament	2721
play.	2722

(c) To the extent that the machine is used in a contest,	2723
competition, or tournament, that contest, competition, or	2724
tournament has a defined starting and ending date and is open to	2725
participants in competition for scoring and ranking results toward	2726
the awarding of redeemable vouchers or merchandise prizes that are	2727
stated prior to the start of the contest, competition, or	2728
tournament.	2729

(4) For purposes of division (AAA)(1) of this section, the	2730
mere presence of a device, such as a pin-setting, ball-releasing,	2731
or scoring mechanism, that does not contribute to or affect the	2732
outcome of the play of the game does not make the device a	2733
skill-based amusement machine.	2734

(BBB) "Merchandise prize" means any item of value, but shall	2735
not include any of the following:	2736

(1) Cash, gift cards, or any equivalent thereof;

2737

(2) Plays on games of chance, state lottery tickets, bingo,	2738
or instant bingo;	2739

(3) Firearms, tobacco, or alcoholic beverages; or

2740

(4) A redeemable voucher that is redeemable for any of the	2741
items listed in division (BBB)(1), (2), or (3) of this section.	2742

(CCC) "Redeemable voucher" means any ticket, token, coupon,	2743
receipt, or other noncash representation of value.	2744

(DDD) "Pool not conducted for profit" means a scheme in which	2745
a participant gives a valuable consideration for a chance to win a	2746
prize and the total amount of consideration wagered is distributed	2747
to a participant or participants.	2748

(EEE) "Sporting organization" means a hunting, fishing, or	2749
trapping organization, other than a college or high school	2750
fraternity or sorority, that is not organized for profit, that is	2751
affiliated with a state or national sporting organization,	2752
including but not limited to, the Ohio league of sportsmen, and	2753
that has been in continuous existence in this state for a period	2754
of three years.	2755

(FFF) "Community action agency" has the same meaning as in	2756
section 122.66 of the Revised Code.	2757

Sec. 2915.02. (A) No person shall do any of the following:

2758

(1) Engage in bookmaking, or knowingly engage in conduct that	2759
facilitates bookmaking;	2760

(2) Establish, promote, or operate or knowingly engage in	2761
conduct that facilitates any game of chance conducted for profit	2762
or any scheme of chance;	2763

(3) Knowingly procure, transmit, exchange, or engage in	2764
conduct that facilitates the procurement, transmission, or	2765
exchange of information for use in establishing odds or	2766
determining winners in connection with bookmaking or with any game	2767
of chance conducted for profit or any scheme of chance;	2768

(4) Engage in betting or in playing any scheme or game of	2769
chance as a substantial source of income or livelihood;	2770

(5) With purpose to violate division (A)(1), (2), (3), or (4)	2771
of this section, acquire, possess, control, or operate any	2772
gambling device.	2773

(B) For purposes of division (A)(1) of this section, a person	2774
facilitates bookmaking if the person in any way knowingly aids an	2775
illegal bookmaking operation, including, without limitation,	2776
placing a bet with a person engaged in or facilitating illegal	2777
bookmaking. For purposes of division (A)(2) of this section, a	2778
person facilitates a game of chance conducted for profit or a	2779
scheme of chance if the person in any way knowingly aids in the	2780
conduct or operation of any such game or scheme, including,	2781
without limitation, playing any such game or scheme.	2782

(C) This section does not prohibit conduct in connection with	2783
gambling expressly permitted by law.	2784

(D) This section does not apply to any of the following:

2785

(1) Games of chance, if all of the following apply:

2786

(a) The games of chance are not craps for money or roulette	2787
for money.	2788

(b) The games of chance are conducted by a charitable	2789
organization that is, and has received from the internal revenue	2790
service a determination letter that is currently in effect,	2791
stating that the organization is, exempt from federal income	2792
taxation under subsection 501(a) and described in subsection	2793
501(c)(3) of the Internal Revenue Code.	2794

(c) The games of chance are conducted at festivals of the	2795
charitable organization that are conducted either for a period of	2796
four consecutive days or less and not more than twice a year or	2797
for a period of five consecutive days not more than once a year,	2798
and are conducted on premises owned by the charitable organization	2799
for a period of no less than one year immediately preceding the	2800
conducting of the games of chance, on premises leased from a	2801
governmental unit, or on premises that are leased from a veteran's	2802
or fraternal organization and that have been owned by the lessor	2803
veteran's or fraternal organization for a period of no less than	2804
one year immediately preceding the conducting of the games of	2805
chance.	2806

A charitable organization shall not lease premises from a	2807
veteran's or fraternal organization to conduct a festival	2808
described in division (D)(1)(c) of this section if the veteran's	2809
or fraternal organization already has leased the premises ~~four~~	2810
twelve times during the preceding year to charitable organizations	2811
for that purpose. If a charitable organization leases premises	2812
from a veteran's or fraternal organization to conduct a festival	2813
described in division (D)(1)(c) of this section, the charitable	2814
organization shall not pay a rental rate for the premises per day	2815
of the festival that exceeds the rental rate per bingo session	2816
that a charitable organization may pay under division (B)(1) of	2817
section 2915.09 of the Revised Code when it leases premises from	2818
another charitable organization to conduct bingo games.	2819

(d) All of the money or assets received from the games of	2820
chance after deduction only of prizes paid out during the conduct	2821
of the games of chance are used by, or given, donated, or	2822
otherwise transferred to, any organization that is described in	2823
subsection 509(a)(1), 509(a)(2), or 509(a)(3) of the Internal	2824
Revenue Code and is either a governmental unit or an organization	2825
that is tax exempt under subsection 501(a) and described in	2826
subsection 501(c)(3) of the Internal Revenue Code;	2827

(e) The games of chance are not conducted during, or within	2828
ten hours of, a bingo game conducted for amusement purposes only	2829
pursuant to section 2915.12 of the Revised Code.	2830

No person shall receive any commission, wage, salary, reward,	2831
tip, donation, gratuity, or other form of compensation, directly	2832
or indirectly, for operating or assisting in the operation of any	2833
game of chance.	2834

(2) Any tag fishing tournament operated under a permit issued	2835
under section 1533.92 of the Revised Code, as "tag fishing	2836
tournament" is defined in section 1531.01 of the Revised Code;	2837

(3) Bingo conducted by a charitable organization that holds a	2838
license issued under section 2915.08 of the Revised Code.	2839

(E) Division (D) of this section shall not be construed to	2840
authorize the sale, lease, or other temporary or permanent	2841
transfer of the right to conduct games of chance, as granted by	2842
that division, by any charitable organization that is granted that	2843
right.	2844

(F) Whoever violates this section is guilty of gambling, a	2845
misdemeanor of the first degree. If the offender previously has	2846
been convicted of any gambling offense, gambling is a felony of	2847
the fifth degree.	2848

Sec. 2915.081. (A) No distributor shall sell, offer to sell,	2849
or otherwise provide or offer to provide bingo supplies to another	2850
person, or modify, convert, add to, or remove parts from bingo	2851
supplies to further their promotion or sale, for use in this state	2852
without having obtained a license from the attorney general under	2853
this section.	2854

(B) The attorney general may issue a distributor license to	2855
any person that meets the requirements of this section. The	2856
application for the license shall be on a form prescribed by the	2857
attorney general and be accompanied by the annual fee prescribed	2858
by this section. The license is valid for a period of one year,	2859
and the annual fee for the license is five thousand dollars.	2860

(C) The attorney general may refuse to issue a distributor	2861
license to any person to which any of the following applies, or to	2862
any person that has an officer, partner, or other person who has	2863
an ownership interest of ten per cent or more and to whom any of	2864
the following applies:	2865

(1) The person, officer, or partner has been convicted of a	2866
felony under the laws of this state, another state, or the United	2867
States.	2868

(2) The person, officer, or partner has been convicted of any	2869
gambling offense.	2870

(3) The person, officer, or partner has made an incorrect or	2871
false statement that is material to the granting of a license in	2872
an application submitted to the attorney general under this	2873
section or in a similar application submitted to a gambling	2874
licensing authority in another jurisdiction if the statement	2875
resulted in license revocation through administrative action in	2876
the other jurisdiction.	2877

(4) The person, officer, or partner has submitted any	2878
incorrect or false information relating to the application to the	2879
attorney general under this section, if the information is	2880
material to the granting of the license.	2881

(5) The person, officer, or partner has failed to correct any	2882
incorrect or false information that is material to the granting of	2883
the license in the records required to be maintained under	2884
division (E) of section 2915.10 of the Revised Code.	2885

(6) The person, officer, or partner has had a license related	2886
to gambling revoked or suspended under the laws of this state,	2887
another state, or the United States.	2888

(D) The attorney general shall not issue a distributor	2889
license to any person that is involved in the conduct of bingo on	2890
behalf of a charitable organization or that is a lessor of	2891
premises used for the conduct of bingo. This division does not	2892
prohibit a distributor from advising charitable organizations on	2893
the use and benefit of specific bingo supplies or prohibit a	2894
distributor from advising a customer on operational methods to	2895
improve bingo profitability.	2896

(E)(1) No distributor shall sell, offer to sell, or otherwise	2897
provide or offer to provide bingo supplies to any person, or	2898
modify, convert, add to, or remove parts from bingo supplies to	2899
further their promotion or sale, for use in this state except to	2900
or for the use of a charitable organization that has been issued a	2901
license under section 2915.08 of the Revised Code or to another	2902
distributor that has been issued a license under this section. No	2903
distributor shall accept payment for the sale or other provision	2904
of bingo supplies other than by check or electronic fund transfer.	2905

(2) No distributor may donate, give, loan, lease, or	2906
otherwise provide any bingo supplies or equipment, or modify,	2907
convert, add to, or remove parts from bingo supplies to further	2908
their promotion or sale, to or for the use of a charitable	2909
organization for use in a bingo session conditioned on or in	2910
consideration for an exclusive right to provide bingo supplies to	2911
the charitable organization. A distributor may provide a licensed	2912
charitable organization with free samples of the distributor's	2913
products to be used as prizes or to be used for the purpose of	2914
sampling.	2915

(3) No distributor shall purchase bingo supplies for use in	2916
this state from any person except from a manufacturer issued a	2917
license under section 2915.082 of the Revised Code or from another	2918
distributor issued a license under this section. Subject to	2919
division (D) of section 2915.082 of the Revised Code, no	2920
distributor shall pay for purchased bingo supplies other than by	2921
check or electronic fund transfer.	2922

(4) No distributor shall participate in the conduct of bingo	2923
on behalf of a charitable organization or have any direct or	2924
indirect ownership interest in a premises used for the conduct of	2925
bingo.	2926

(5) No distributor shall knowingly solicit, offer, pay, or	2927
receive any kickback, bribe, or undocumented rebate, directly or	2928
indirectly, overtly or covertly, in cash or in kind, in return for	2929
providing bingo supplies to any person in this state.	2930

(F) The attorney general may suspend or revoke a distributor	2931
license for any of the reasons for which the attorney general may	2932
refuse to issue a distributor license specified in division (C) of	2933
this section or if the distributor holding the license violates	2934
any provision of this chapter or any rule adopted by the attorney	2935
general under this chapter.	2936

(G) Whoever violates division (A) or (E) of this section is	2937
guilty of illegally operating as a distributor. Except as	2938
otherwise provided in this division, illegally operating as a	2939
distributor is a misdemeanor of the first degree. If the offender	2940
previously has been convicted of a violation of division (A) or	2941
(E) of this section, illegally operating as a distributor is a	2942
felony of the fifth degree.	2943

Sec. 2915.082. (A) No manufacturer shall sell, offer to	2944
sell, or otherwise provide or offer to provide bingo supplies for	2945
use in this state without having obtained a license from the	2946
attorney general under this section.	2947

(B) The attorney general may issue a manufacturer license to	2948
any person that meets the requirements of this section. The	2949
application for the license shall be on a form prescribed by the	2950
attorney general and be accompanied by the annual fee prescribed	2951
by this section. The license is valid for a period of one year,	2952
and the annual fee for the license is five thousand dollars.	2953

(C) The attorney general may refuse to issue a manufacturer	2954
license to any person to which any of the following applies, or to	2955
any person that has an officer, partner, or other person who has	2956
an ownership interest of ten per cent or more and to whom any of	2957
the following applies:	2958

(1) The person, officer, or partner has been convicted of a	2959
felony under the laws of this state, another state, or the United	2960
States.	2961

(2) The person, officer, or partner has been convicted of any	2962
gambling offense.	2963

(3) The person, officer, or partner has made an incorrect or	2964
false statement that is material to the granting of a license in	2965
an application submitted to the attorney general under this	2966
section or in a similar application submitted to a gambling	2967
licensing authority in another jurisdiction if the statement	2968
resulted in license revocation through administrative action in	2969
the other jurisdiction.	2970

(4) The person, officer, or partner has submitted any	2971
incorrect or false information relating to the application to the	2972
attorney general under this section, if the information is	2973
material to the granting of the license.	2974

(5) The person, officer, or partner has failed to correct any	2975
incorrect or false information that is material to the granting of	2976
the license in the records required to be maintained under	2977
division (F) of section 2915.10 of the Revised Code.	2978

(6) The person, officer, or partner has had a license related	2979
to gambling revoked or suspended under the laws of this state,	2980
another state, or the United States.	2981

(D)(1) No manufacturer shall sell, offer to sell, or	2982
otherwise provide or offer to provide bingo supplies to any person	2983
for use in this state except to a distributor that has been issued	2984
a license under section 2915.081 of the Revised Code. No	2985
manufacturer shall accept payment for the sale of bingo supplies	2986
other than by check or electronic fund transfer.	2987

(2) No manufacturer shall knowingly solicit, offer, pay, or	2988
receive any kickback, bribe, or undocumented rebate, directly or	2989
indirectly, overtly or covertly, in cash or in kind, in return for	2990
providing bingo supplies to any person in this state.	2991

(E)(1) The attorney general may suspend or revoke a	2992
manufacturer license for any of the reasons for which the attorney	2993
general may refuse to issue a manufacturer license specified in	2994
division (C) of this section or if the manufacturer holding the	2995
license violates any provision of this chapter or any rule adopted	2996
by the attorney general under this chapter.	2997

(2) The attorney general may perform an onsite inspection of	2998
a manufacturer of bingo supplies that is selling, offering to	2999
sell, or otherwise providing or offering to provide bingo supplies	3000
or that is applying for a license to sell, offer to sell, or	3001
otherwise provide or offer to provide bingo supplies in this	3002
state.	3003

(F) Whoever violates division (A) or (D) of this section is	3004
guilty of illegally operating as a manufacturer. Except as	3005
otherwise provided in this division, illegally operating as a	3006
manufacturer is a misdemeanor of the first degree. If the offender	3007
previously has been convicted of a violation of division (A) or	3008
(D) of this section, illegally operating as a manufacturer is a	3009
felony of the fifth degree.	3010

Sec. 2915.09. (A) No charitable organization that conducts	3011
bingo shall fail to do any of the following:	3012

(1) Own all of the equipment used to conduct bingo or lease	3013
that equipment from a charitable organization that is licensed to	3014
conduct bingo, or from the landlord of a premises where bingo is	3015
conducted, for a rental rate that is not more than is customary	3016
and reasonable for that equipment;	3017

(2) Except as otherwise provided in division (A)(3) of this	3018
section, use all of the gross receipts from bingo for paying	3019
prizes, for reimbursement of expenses for or for renting premises	3020
in which to conduct a bingo session, for reimbursement of expenses	3021
for or for purchasing or leasing bingo supplies used in conducting	3022
bingo, for reimbursement of expenses for or for hiring security	3023
personnel, for reimbursement of expenses for or for advertising	3024
bingo, or for reimbursement of other expenses or for other	3025
expenses listed in division (LL) of section 2915.01 of the Revised	3026
Code, provided that the amount of the receipts so spent is not	3027
more than is customary and reasonable for a similar purchase,	3028
lease, hiring, advertising, or expense. If the building in which	3029
bingo is conducted is owned by the charitable organization	3030
conducting bingo and the bingo conducted includes a form of bingo	3031
described in division (S)(1) of section 2915.01 of the Revised	3032
Code, the charitable organization may deduct from the total amount	3033
of the gross receipts from each session a sum equal to the lesser	3034
of six hundred dollars or forty-five per cent of the gross	3035
receipts from the bingo described in that division as	3036
consideration for the use of the premises.	3037

(3) Use, or give, donate, or otherwise transfer, all of the	3038
net profit derived from bingo, other than instant bingo, for a	3039
charitable purpose listed in its license application and described	3040
in division (Z) of section 2915.01 of the Revised Code, or	3041
distribute all of the net profit from the proceeds of the sale of	3042
instant bingo as stated in its license application and in	3043
accordance with section 2915.101 of the Revised Code.	3044

(B) No charitable organization that conducts a bingo game	3045
described in division (S)(1) of section 2915.01 of the Revised	3046
Code shall fail to do any of the following:	3047

(1) Conduct the bingo game on premises that are owned by the	3048
charitable organization, on premises that are owned by another	3049
charitable organization and leased from that charitable	3050
organization for a rental rate not in excess of the lesser of six	3051
hundred dollars per bingo session or forty-five per cent of the	3052
gross receipts of the bingo session, on premises that are leased	3053
from a person other than a charitable organization for a rental	3054
rate that is not more than is customary and reasonable for	3055
premises that are similar in location, size, and quality but not	3056
in excess of four hundred fifty dollars per bingo session, or on	3057
premises that are owned by a person other than a charitable	3058
organization, that are leased from that person by another	3059
charitable organization, and that are subleased from that other	3060
charitable organization by the charitable organization for a	3061
rental rate not in excess of four hundred fifty dollars per bingo	3062
session. If the charitable organization leases from a person other	3063
than a charitable organization the premises on which it conducts	3064
bingo sessions, the lessor of the premises shall provide ~~only~~ the	3065
premises to the organization and shall not provide the	3066
organization with bingo game operators, security personnel,	3067
concessions or concession operators, bingo supplies, or any other	3068
type of service ~~or equipment~~. A charitable organization shall not	3069
lease or sublease premises that it owns or leases to more than one	3070
other charitable organization per calendar week for the purpose of	3071
conducting bingo sessions on the premises. A person that is not a	3072
charitable organization shall not lease premises that it owns,	3073
leases, or otherwise is empowered to lease to more than ~~one~~three	3074
charitable ~~organization~~organizations per calendar week for	3075
conducting bingo sessions on the premises. In no case shall more	3076
than ~~two~~nine bingo sessions be conducted on any premises in any	3077
calendar week.	3078

(2) Display its license conspicuously at the premises where	3079
the bingo session is conducted;	3080

(3) Conduct the bingo session in accordance with the	3081
definition of bingo set forth in division (S)(1) of section	3082
2915.01 of the Revised Code.	3083

(C) No charitable organization that conducts a bingo game	3084
described in division (S)(1) of section 2915.01 of the Revised	3085
Code shall do any of the following:	3086

(1) Pay any compensation to a bingo game operator for	3087
operating a bingo session that is conducted by the charitable	3088
organization or for preparing, selling, or serving food or	3089
beverages at the site of the bingo session, permit any auxiliary	3090
unit or society of the charitable organization to pay compensation	3091
to any bingo game operator who prepares, sells, or serves food or	3092
beverages at a bingo session conducted by the charitable	3093
organization, or permit any auxiliary unit or society of the	3094
charitable organization to prepare, sell, or serve food or	3095
beverages at a bingo session conducted by the charitable	3096
organization, if the auxiliary unit or society pays any	3097
compensation to the bingo game operators who prepare, sell, or	3098
serve the food or beverages;	3099

(2) Pay consulting fees to any person for any services	3100
performed in relation to the bingo session;	3101

(3) Pay concession fees to any person who provides	3102
refreshments to the participants in the bingo session;	3103

(4) Except as otherwise provided in division (C)(4) of this	3104
section, conduct more than ~~two~~three bingo sessions in any	3105
seven-day period. A volunteer firefighter's organization or a	3106
volunteer rescue service organization that conducts not more than	3107
five bingo sessions in a calendar year may conduct more than ~~two~~	3108
three bingo sessions in a seven-day period after notifying the	3109
attorney general when it will conduct the sessions.	3110

(5) Pay out more than ~~three~~six thousand ~~five hundred~~ dollars	3111
in prizes for bingo games described in division (S)(1) of section	3112
2915.01 of the Revised Code during any bingo session that is	3113
conducted by the charitable organization. "Prizes" does not	3114
include awards from the conduct of instant bingo.	3115

(6) Conduct a bingo session at any time during the ten-hour	3116
period between midnight and ten a.m., at any time during, or	3117
within ten hours of, a bingo game conducted for amusement only	3118
pursuant to section 2915.12 of the Revised Code, at any premises	3119
not specified on its license, or on any day of the week or during	3120
any time period not specified on its license. Division (A)(6) of	3121
this section does not prohibit the sale of instant bingo tickets	3122
beginning at nine a.m. for a bingo session that begins at ten a.m.	3123
If circumstances make it impractical for the charitable	3124
organization to conduct a bingo session at the premises, or on the	3125
day of the week or at the time, specified on its license or if a	3126
charitable organization wants to conduct bingo sessions on a day	3127
of the week or at a time other than the day or time specified on	3128
its license, the charitable organization may apply in writing to	3129
the attorney general for an amended license pursuant to division	3130
(F) of section 2915.08 of the Revised Code. A charitable	3131
organization may apply twice in each calendar year for an amended	3132
license to conduct bingo sessions on a day of the week or at a	3133
time other than the day or time specified on its license. If the	3134
amended license is granted, the organization may conduct bingo	3135
sessions at the premises, on the day of the week, and at the time	3136
specified on its amended license.	3137

(7) Permit any person whom the charitable organization knows,	3138
or should have known, is under the age of eighteen to work as a	3139
bingo game operator;	3140

(8) Permit any person whom the charitable organization knows,	3141
or should have known, has been convicted of a felony or gambling	3142
offense in any jurisdiction to be a bingo game operator;	3143

(9) Permit the lessor of the premises on which the bingo	3144
session is conducted, if the lessor is not a charitable	3145
organization, to provide the charitable organization with bingo	3146
game operators, security personnel, concessions, bingo supplies,	3147
or any other type of service ~~or equipment~~;	3148

(10) Purchase or lease bingo supplies from any person except	3149
a distributor issued a license under section 2915.081 of the	3150
Revised Code;	3151

(11)(a) Use or permit the use of electronic bingo aids except	3152
under the following circumstances:	3153

(i) For any single participant, not more than ninety bingo	3154
faces can be played using an electronic bingo aid or aids.	3155

(ii) The charitable organization shall provide a participant	3156
using an electronic bingo aid with corresponding paper bingo cards	3157
or sheets.	3158

(iii) The total price of bingo faces played with an	3159
electronic bingo aid shall be equal to the total price of the same	3160
number of bingo faces played with a paper bingo card or sheet sold	3161
at the same bingo session but without an electronic bingo aid.	3162

(iv) An electronic bingo aid cannot be part of an electronic	3163
network other than a network that includes only bingo aids and	3164
devices that are located on the premises at which the bingo is	3165
being conducted or be interactive with any device not located on	3166
the premises at which the bingo is being conducted.	3167

(v) An electronic bingo aid cannot be used to participate in	3168
bingo that is conducted at a location other than the location at	3169
which the bingo session is conducted and at which the electronic	3170
bingo aid is used.	3171

(vi) An electronic bingo aid cannot be used to provide for	3172
the input of numbers and letters announced by a bingo caller other	3173
than the bingo caller who physically calls the numbers and letters	3174
at the location at which the bingo session is conducted and at	3175
which the electronic bingo aid is used.	3176

(b) The attorney general may adopt rules in accordance with	3177
Chapter 119. of the Revised Code that govern the use of electronic	3178
bingo aids. The rules may include a requirement that an electronic	3179
bingo aid be capable of being audited by the attorney general to	3180
verify the number of bingo cards or sheets played during each	3181
bingo session.	3182

(12) Permit any person the charitable organization knows, or	3183
should have known, to be under eighteen years of age to play bingo	3184
described in division (S)(1) of section 2915.01 of the Revised	3185
Code.	3186

(D)(1) Except as otherwise provided in division (D)(3) of	3187
this section, no charitable organization shall provide to a bingo	3188
game operator, and no bingo game operator shall receive or accept,	3189
any commission, wage, salary, reward, tip, donation, gratuity, or	3190
other form of compensation, directly or indirectly, regardless of	3191
the source, for conducting bingo or providing other work or labor	3192
at the site of bingo during a bingo session.	3193

(2) Except as otherwise provided in division (D)(3) of this	3194
section, no charitable organization shall provide to a bingo game	3195
operator any commission, wage, salary, reward, tip, donation,	3196
gratuity, or other form of compensation, directly or indirectly,	3197
regardless of the source, for conducting instant bingo other than	3198
at a bingo session at the site of instant bingo other than at a	3199
bingo session.	3200

(3) Nothing in division (D) of this section prohibits an	3201
employee of a fraternal organization, veteran's organization, or	3202
sporting organization from selling instant bingo tickets or cards	3203
to the organization's members or invited guests, as long as no	3204
portion of the employee's compensation is paid from any receipts	3205
of bingo.	3206

(E) Notwithstanding division (B)(1) of this section, a	3207
charitable organization that, prior to December 6, 1977, has	3208
entered into written agreements for the lease of premises it owns	3209
to another charitable organization or other charitable	3210
organizations for the conducting of bingo sessions so that more	3211
than two bingo sessions are conducted per calendar week on the	3212
premises, and a person that is not a charitable organization and	3213
that, prior to December 6, 1977, has entered into written	3214
agreements for the lease of premises it owns to charitable	3215
organizations for the conducting of more than two bingo sessions	3216
per calendar week on the premises, may continue to lease the	3217
premises to those charitable organizations, provided that no more	3218
than four sessions are conducted per calendar week, that the	3219
lessor organization or person has notified the attorney general in	3220
writing of the organizations that will conduct the sessions and	3221
the days of the week and the times of the day on which the	3222
sessions will be conducted, that the initial lease entered into	3223
with each organization that will conduct the sessions was filed	3224
with the attorney general prior to December 6, 1977, and that each	3225
organization that will conduct the sessions was issued a license	3226
to conduct bingo games by the attorney general prior to December	3227
6, 1977.	3228

(F) This section does not prohibit a bingo licensed	3229
charitable organization or a game operator from giving any person	3230
an instant bingo ticket as a prize.	3231

(G) Whoever violates division (A)(2) of this section is	3232
guilty of illegally conducting a bingo game, a felony of the	3233
fourth degree. Except as otherwise provided in this division,	3234
whoever violates division (A)(1) or (3), (B)(1), (2), or (3),	3235
(C)(1) to (12), or (D) of this section is guilty of a minor	3236
misdemeanor. If the offender previously has been convicted of a	3237
violation of division (A)(1) or (3), (B)(1), (2), or (3), (C)(1)	3238
to (11), or, (D) of this section, a violation of division (A)(1)	3239
or (3), (B)(1), (2), or (3), (C), or (D) of this section is a	3240
misdemeanor of the first degree. Whoever violates division (C)(12)	3241
of this section is guilty of a misdemeanor of the first degree, if	3242
the offender previously has been convicted of a violation of	3243
division (C)(12) of this section, a felony of the fourth degree.	3244

Sec. 2915.091. (A) No charitable organization that conducts	3245
instant bingo shall do any of the following:	3246

(1) Fail to comply with the requirements of divisions (A)(1),	3247
(2), and (3) of section 2915.09 of the Revised Code;	3248

(2) Conduct instant bingo unless either of the following	3249
~~apply~~applies:	3250

(a) That organization is, and has received from the internal	3251
revenue service a determination letter that is currently in effect	3252
stating that the organization is, exempt from federal income	3253
taxation under subsection 501(a), is described in subsection	3254
501(c)(3) of the Internal Revenue Code, is a charitable	3255
organization as defined in section 2915.01 of the Revised Code, is	3256
in good standing in the state pursuant to section 2915.08 of the	3257
Revised Code, and is in compliance with Chapter 1716. of the	3258
Revised Code;	3259

(b) That organization is, and has received from the internal	3260
revenue service a determination letter that is currently in effect	3261
stating that the organization is, exempt from federal income	3262
taxation under subsection 501(a), is described in subsection	3263
501(c)(7), 501(c)(8), 501(c)(10), or 501(c)(19) or is a veteran's	3264
organization described in subsection 501(c)(4) of the Internal	3265
Revenue Code, and conducts instant bingo under section 2915.13 of	3266
the Revised Code.	3267

(3) Conduct instant bingo on any day, at any time, or at any	3268
premises not specified on the organization's license issued	3269
pursuant to section 2915.08 of the Revised Code;	3270

(4) Permit any person whom the organization knows or should	3271
have known has been convicted of a felony or gambling offense in	3272
any jurisdiction to be a bingo game operator in the conduct of	3273
instant bingo;	3274

(5) Purchase or lease supplies used to conduct instant bingo	3275
or punch board games from any person except a distributor licensed	3276
under section 2915.081 of the Revised Code;	3277

(6) Sell or provide any instant bingo ticket or card for a	3278
price different from the price printed on it by the manufacturer	3279
on either the instant bingo ticket or card or on the game flare;	3280

(7) Sell an instant bingo ticket or card to a person under	3281
eighteen years of age;	3282

(8) Fail to keep unsold instant bingo tickets or cards for	3283
less than three years;	3284

(9) Pay any compensation to a bingo game operator for	3285
conducting instant bingo that is conducted by the organization or	3286
for preparing, selling, or serving food or beverages at the site	3287
of the instant bingo game, permit any auxiliary unit or society of	3288
the organization to pay compensation to any bingo game operator	3289
who prepares, sells, or serves food or beverages at an instant	3290
bingo game conducted by the organization, or permit any auxiliary	3291
unit or society of the organization to prepare, sell, or serve	3292
food or beverages at an instant bingo game conducted by the	3293
organization, if the auxiliary unit or society pays any	3294
compensation to the bingo game operators who prepare, sell, or	3295
serve the food or beverages;	3296

(10) Pay fees to any person for any services performed in	3297
relation to an instant bingo game;	3298

(11) Pay fees to any person who provides refreshments to the	3299
participants in an instant bingo game;	3300

(12)(a) Allow instant bingo tickets or cards to be sold to	3301
bingo game operators at a premises at which the organization sells	3302
instant bingo tickets or cards or to be sold to employees of a D	3303
permit holder who are working at a premises at which instant bingo	3304
tickets or cards are sold;	3305

(b) Division (A)(12)(a) of this section does not prohibit a	3306
licensed charitable organization or a bingo game operator from	3307
giving any person an instant bingo ~~tickets~~ticket as a prize in	3308
place of a cash prize won by a participant in an instant bingo	3309
game. In no case shall an instant bingo ticket or card be sold or	3310
provided for a price different from the price printed on it by the	3311
manufacturer on either the instant bingo ticket or card or on the	3312
game flare.	3313

(13) Fail to display its bingo license, and the serial	3314
numbers of the deal of instant bingo tickets or cards to be sold,	3315
conspicuously at each premises at which it sells instant bingo	3316
tickets or cards;	3317

(14) Possess a deal of instant bingo tickets or cards that	3318
was not purchased from a distributor licensed under section	3319
2915.081 of the Revised Code as reflected on an invoice issued by	3320
the distributor that contains all of the information required by	3321
division (E) of section 2915.10 of the Revised Code;	3322

(15) Fail, once it opens a deal of instant bingo tickets or	3323
cards, to continue to sell the tickets or cards in that deal until	3324
the tickets or cards with the top two highest tiers of prizes in	3325
that deal are sold;	3326

(16) ~~Purchase, lease, or use instant bingo ticket dispensers~~	3327
~~to sell instant bingo tickets or cards;~~	3328

~~(17)~~ Possess bingo supplies that were not obtained in	3329
accordance with sections 2915.01 to 2915.13 of the Revised Code.	3330

(B)(1) A charitable organization may conduct instant bingo	3331
other than at a bingo session at not more than five separate	3332
locations. A charitable organization that is exempt from federal	3333
taxation under subsection 501(a) and described in subsection	3334
501(c)(3) of the Internal Revenue Code and that is created by a	3335
veteran's organization or a fraternal organization is not limited	3336
in the number of separate locations the charitable organization	3337
may conduct instant bingo other than at a bingo session.	3338

(2) A charitable organization may purchase, lease, or use	3339
instant bingo ticket dispensers to sell instant bingo tickets or	3340
cards.	3341

(C) The attorney general may adopt rules in accordance with	3342
Chapter 119. of the Revised Code that govern the conduct of	3343
instant bingo by charitable organizations. Before those rules are	3344
adopted, the attorney general shall reference the recommended	3345
standards for opacity, randomization, minimum information, winner	3346
protection, color, and cutting for instant bingo tickets or cards,	3347
seal cards, and punch boards established by the North American	3348
gaming regulators association.	3349

(D) Whoever violates division (A) of this section or a rule	3350
adopted under division (C) of this section is guilty of illegal	3351
instant bingo conduct. Except as otherwise provided in this	3352
division, illegal instant bingo conduct is a misdemeanor of the	3353
first degree. If the offender previously has been convicted of a	3354
violation of division (A) of this section or of such a rule,	3355
illegal instant bingo conduct is a felony of the fifth degree.	3356

Sec. 2915.101. Except as otherwise provided by law, a	3357
charitable organization that conducts instant bingo shall	3358
distribute the net profit from the proceeds of the sale of instant	3359
bingo as follows:	3360

(A)(1) If a veteran's organization, a fraternal organization,	3361
or a sporting organization conducted the instant bingo, the	3362
organization shall distribute the net profit from the proceeds of	3363
the sale of instant bingo, as follows:	3364

(a) For the first ~~one~~two hundred fifty thousand dollars, or	3365
a greater amount prescribed by the attorney general to adjust for	3366
changes in prices as measured by the consumer price index as	3367
defined in section 325.18 of the Revised Code and other factors	3368
affecting the organization's expenses as defined in division (LL)	3369
of section 2915.01 of the Revised Code, or less of net profit from	3370
the proceeds of the sale of instant bingo generated in a calendar	3371
year:	3372

(i) At least twenty-five per cent shall be distributed to an	3373
organization described in division (Z)(1) of section 2915.01 of	3374
the Revised Code or to a department or agency of the federal	3375
government, the state, or any political subdivision.	3376

(ii) Not more than seventy-five per cent may be deducted and	3377
retained by the organization for reimbursement of or for the	3378
organization's expenses, as defined in division (LL) of section	3379
2915.01 of the Revised Code, in conducting the instant bingo game.	3380

(b) For any net profit from the proceeds of the sale of	3381
instant bingo of more than ~~one~~two hundred fifty thousand dollars	3382
or an adjusted amount generated in a calendar year:	3383

(i) A minimum of fifty per cent shall be distributed to an	3384
organization described in division (Z)(1) of section 2915.01 of	3385
the Revised Code or to a department or agency of the federal	3386
government, the state, or any political subdivision.	3387

(ii) Five per cent may be distributed for the organization's	3388
own charitable purposes or to a community action agency.	3389

(iii) Forty-five per cent may be deducted and retained by the	3390
organization for reimbursement of or for the organization's	3391
expenses, as defined in division (LL) of section 2915.01 of the	3392
Revised Code, in conducting the instant bingo game.	3393

(2) If a veteran's organization, a fraternal organization, or	3394
a sporting organization does not distribute the full percentages	3395
specified in divisions (A)(1)(a) and (b) of this section for the	3396
purposes specified in those divisions, the organization shall	3397
distribute the balance of the net profit from the proceeds of the	3398
sale of instant bingo not distributed or retained for those	3399
purposes to an organization described in division (Z)(1) of	3400
section 2915.01 of the Revised Code.	3401

(B) If a charitable organization other than a veteran's	3402
organization, a fraternal organization, or a sporting organization	3403
conducted the instant bingo, the organization shall distribute one	3404
hundred per cent of the net profit from the proceeds of the sale	3405
of instant bingo to an organization described in division (Z)(1)	3406
of section 2915.01 of the Revised Code or to a department or	3407
agency of the federal government, the state, or any political	3408
subdivision.	3409

(C) Nothing in this section prohibits a veteran's	3410
organization, a fraternal organization, or a sporting organization	3411
from distributing any net profit from the proceeds of the sale of	3412
instant bingo to an organization that is described in subsection	3413
501(c)(3) of the Internal Revenue Code when the organization that	3414
is described in subsection 501(c)(3) of the Internal Revenue Code	3415
is one that makes donations to other organizations and permits	3416
donors to advise or direct such donations so long as the donations	3417
comply with requirements established in or pursuant to subsection	3418
501(c)(3) of the Internal Revenue Code.	3419

Sec. 3517.1015. Each person licensed under Chapter 3772. of	3420
the Revised Code shall disclose quarterly to the secretary of	3421
state any contribution of one hundred dollars or more made to any	3422
ballot issue.	3423

Sec. 3772.01. As used in this chapter:

3424

(A) "Applicant" means any person who applies to the	3425
commission for a license under this chapter.	3426

(B) "Casino control commission fund" means the casino control	3427
commission fund described in Section 6(C)(3)(d) of Article XV,	3428
Ohio Constitution, the money in which shall be used to fund the	3429
commission and its related affairs.	3430

(C) "Casino facility" means a casino facility as defined in	3431
Section 6(C)(9) of Article XV, Ohio Constitution.	3432

(D) "Casino gaming" means any type of slot machine or table	3433
game wagering, using money, casino credit, or any representative	3434
of value, authorized in any of the states of Indiana, Michigan,	3435
Pennsylvania, and West Virginia as of January 1, 2009, and	3436
includes slot machine and table game wagering subsequently	3437
authorized by, but shall not be limited by, subsequent	3438
restrictions placed on such wagering in such states. "Casino	3439
gaming" does not include bingo, as authorized in Section 6 of	3440
Article XV, Ohio Constitution and conducted as of January 1, 2009,	3441
or horse racing where the pari-mutuel system of wagering is	3442
conducted, as authorized under the laws of this state as of	3443
January 1, 2009.	3444

(E) "Casino gaming employee" means any employee of a casino	3445
operator or management company, but not a key employee, and as	3446
further defined in section 3772.131 of the Revised Code.	3447

(F) "Casino operator" means any person, trust, corporation,	3448
partnership, limited partnership, association, limited liability	3449
company, or other business enterprise that directly or indirectly	3450
holds an ownership or leasehold interest in a casino facility.	3451
"Casino operator" does not include an agency of the state, any	3452
political subdivision of the state, any person, trust,	3453
corporation, partnership, limited partnership, association,	3454
limited liability company, or other business enterprise that may	3455
have an interest in a casino facility, but who is legally or	3456
contractually restricted from conducting casino gaming.	3457

(G) "Central system" means a computer system that provides	3458
the following functions related to casino gaming equipment used in	3459
connection with casino gaming authorized under this chapter:	3460
security, auditing, data and information retrieval, and other	3461
purposes deemed necessary and authorized by the commission.	3462

(H) "Commission" means the Ohio casino control commission.

3463

(I) "Gaming agent" means a peace officer employed by the	3464
commission that is vested with duties to enforce this chapter and	3465
conduct other investigations into the conduct of the casino gaming	3466
and the maintenance of the equipment that the commission considers	3467
necessary and proper and is in compliance with section 109.77 of	3468
the Revised Code.	3469

(J) "Gaming-related vendor" means any individual,	3470
partnership, corporation, association, trust, or any other group	3471
of individuals, however organized, who supplies gaming-related	3472
equipment, goods, or services to a casino operator or management	3473
company, that are directly related to or affect casino gaming	3474
authorized under this chapter, including, but not limited to, the	3475
manufacture, sale, distribution, or repair of slot machines and	3476
table game equipment.	3477

(K) "Holding company" means any corporation, firm,	3478
partnership, limited partnership, limited liability company,	3479
trust, or other form of business organization not a natural person	3480
which directly or indirectly owns, has the power or right to	3481
control, or holds with power to vote, any part of an applicant,	3482
casino operator, management company, or gaming-related vendor	3483
license.	3484

(L) "Initial investment" includes costs related to	3485
demolition, engineering, architecture, design, site preparation,	3486
construction, infrastructure improvements, land acquisition,	3487
fixtures and equipment, insurance related to construction, and	3488
leasehold improvements.	3489

(M) "Institutional investor" means any of the following	3490
entities owning one per cent or less, or a percentage between one	3491
and ten per cent as approved by the commission through a waiver on	3492
a case-by-case basis, ownership interest in a casino facility,	3493
casino operator, management company, or holding company: a	3494
corporation, bank, insurance company, pension fund or pension fund	3495
trust, retirement fund, including funds administered by a public	3496
agency, employees' profit-sharing fund or employees'	3497
profit-sharing trust, any association engaged, as a substantial	3498
part of its business or operations, in purchasing or holding	3499
securities, or any trust in respect of which a bank is trustee or	3500
cotrustee, investment company registered under the "Investment	3501
Company Act of 1940," 15 U.S.C. 80a-1 et seq., collective	3502
investment trust organized by banks under Part Nine of the Rules	3503
of the Comptroller of the Currency, closed-end investment trust,	3504
chartered or licensed life insurance company or property and	3505
casualty insurance company, investment advisor registered under	3506
the "Investment Advisors Act of 1940," 15 U.S.C. 80 b-1 et seq.,	3507
and such other persons as the commission may reasonably determine	3508
to qualify as an institutional investor for reasons consistent	3509
with this chapter.	3510

(N) "Key employee" means any executive, employee, or agent of	3511
a casino operator or management company licensee having the power	3512
to exercise significant influence over decisions concerning any	3513
part of the operation of such licensee, including:	3514

(1) An officer, director, trustee, or partner of a person	3515
that has applied for or holds a casino operator, management	3516
company, or gaming-related vendor license or of a holding company	3517
that has control of a person that has applied for or holds a	3518
casino operator, management company, or gaming-related vendor	3519
license;	3520

(2) A person that holds a direct or indirect ownership	3521
interest of more than one per cent in a person that has applied	3522
for or holds a casino operator, management company, or	3523
gaming-related vendor license or holding company that has control	3524
of a person that has applied for or holds a casino operator,	3525
management company, or gaming-related vendor license;	3526

(3) A managerial employee of a person that has applied for or	3527
holds a casino operator or gaming-related vendor license in Ohio,	3528
or a managerial employee of a holding company that has control of	3529
a person that has applied for or holds a casino operator or	3530
gaming-related vendor license in Ohio, who performs the function	3531
of principal executive officer, principal operating officer,	3532
principal accounting officer, or an equivalent officer or other	3533
person the commission determines to have the power to exercise	3534
significant influence over decisions concerning any part of the	3535
operation of such licensee.	3536

The commission shall determine whether an individual whose	3537
duties or status varies from those described in this division also	3538
is considered a key employee.	3539

(O) "Licensed casino operator" means a casino operator that	3540
has been issued a license by the commission and that has been	3541
certified annually by the commission to have paid all applicable	3542
fees, taxes, and debts to the state.	3543

(P) "Majority ownership interest" in a license or in a casino	3544
facility, as the case may be, means ownership of more than fifty	3545
per cent of such license or casino facility, as the case may be.	3546
For purposes of the foregoing, whether a majority ownership	3547
interest is held in a license or in a casino facility, as the case	3548
may be, shall be determined under the rules for constructive	3549
ownership of stock provided in Treas. Reg. 1.409A-3(i)(5)(iii) as	3550
in effect on January 1, 2009.	3551

(Q) "Management company" means an organization retained by a	3552
casino operator to manage a casino facility and provide services	3553
such as accounting, general administration, maintenance,	3554
recruitment, and other operational services.	3555

(R) "Ohio law enforcement training fund" means the state law	3556
enforcement training fund described in Section 6(C)(3)(f) of	3557
Article XV, Ohio Constitution, the money in which shall be used to	3558
enhance public safety by providing additional training	3559
opportunities to the law enforcement community.	3560

(S) "Person" includes, but is not limited to, an individual	3561
or a combination of individuals; a sole proprietorship, a firm, a	3562
company, a joint venture, a partnership of any type, a joint-stock	3563
company, a corporation of any type, a corporate subsidiary of any	3564
type, a limited liability company, a business trust, or any other	3565
business entity or organization; an assignee; a receiver; a	3566
trustee in bankruptcy; an unincorporated association, club,	3567
society, or other unincorporated entity or organization; entities	3568
that are disregarded for federal income tax purposes; and any	3569
other nongovernmental, artificial, legal entity that is capable of	3570
engaging in business.	3571

(T) "Problem casino gambling and addictions fund" means the	3572
state problem gambling and addictions fund described in Section	3573
6(C)(3)(g) of Article XV, Ohio Constitution, the money in which	3574
shall be used for treatment of problem gambling and substance	3575
abuse, and for related research.	3576

(U) "Slot machine" means any mechanical, electrical, or other	3577
device or machine which, upon insertion of a coin, token, ticket,	3578
or similar object, or upon payment of any consideration, is	3579
available to play or operate, the play or operation of which,	3580
whether by reason of the skill of the operator or application of	3581
the element of chance, or both, makes individual prize	3582
determinations for individual participants in cash, premiums,	3583
merchandise, tokens, or any thing of value, whether the payoff is	3584
made automatically from the machine or in any other manner.	3585

(V) "Table game" means any game played with cards, dice, or	3586
any mechanical, electromechanical, or electronic device or machine	3587
for money, casino credit, or any representative of value. "Table	3588
game" does not include slot machines.	3589

(W) "Upfront license" means the first plenary license issued	3590
to a casino operator.	3591

(X) "Voluntary exclusion program" means a program provided by	3592
the commission that allows persons to voluntarily exclude	3593
themselves from the gaming areas of facilities under the	3594
jurisdiction of the commission by placing their name on a	3595
voluntary exclusion list and following the procedures set forth by	3596
the commission.	3597

Sec. 3772.02. (A) There is hereby created the Ohio casino	3598
control commission described in Section 6(C)(1) of Article XV,	3599
Ohio Constitution.	3600

(B) The commission shall consist of seven members appointed	3601
within one month of the effective date of this section by the	3602
governor with the advice and consent of the senate. The governor	3603
shall forward all appointments to the senate within twenty-four	3604
hours.	3605

(1) Each commission member is eligible for reappointment at	3606
the discretion of the governor. No commission member shall be	3607
appointed for more than three terms in total.	3608

(2) Each commission member shall be a resident of Ohio.

3609

(3) At least one commission member shall be experienced in	3610
law enforcement and criminal investigation.	3611

(4) At least one commission member shall be a certified	3612
public accountant experienced in accounting and auditing.	3613

(5) At least one commission member shall be an attorney	3614
admitted to the practice of law in Ohio.	3615

(6) At least one commission member shall be a resident of a	3616
county where one of the casino facilities is located.	3617

(7) Not more than four commission members shall be of the	3618
same political party.	3619

(8) No commission member shall have any affiliation with an	3620
Ohio casino operator or facility.	3621

(C) Commission members shall serve four-year terms, except	3622
that when the governor makes initial appointments to the	3623
commission under this chapter, the governor shall appoint three	3624
members to serve four-year terms with not more than two such	3625
members from the same political party, two members to serve	3626
three-year terms with such members not being from the same	3627
political party, and two members to serve two-year terms with such	3628
members not being from the same political party.	3629

(D) Each commission member shall hold office from the date of	3630
appointment until the end of the term for which the member was	3631
appointed. Any member appointed to fill a vacancy occurring before	3632
the expiration of the term for which the member's predecessor was	3633
appointed shall hold office for the remainder of the unexpired	3634
term. Any member shall continue in office after the expiration	3635
date of the member's term until the member's successor takes	3636
office, or until a period of sixty days has elapsed, whichever	3637
occurs first. A vacancy in the commission membership shall be	3638
filled in the same manner as the original appointment.	3639

(E) The governor shall select one member to serve as	3640
chairperson and the commission members shall select one member	3641
from a different party than the chairperson to serve as	3642
vice-chairperson. The governor may remove and replace the	3643
chairperson at any time. No such member shall serve as chairperson	3644
for more than six successive years. The vice-chairperson shall	3645
assume the duties of the chairperson in the absence of the	3646
chairperson. The chairperson and vice-chairperson shall perform	3647
but shall not be limited to additional duties as are prescribed by	3648
commission rule.	3649

(F) A commission member is not required to devote the	3650
member's full time to membership on the commission. Each member of	3651
the commission shall receive compensation of sixty thousand	3652
dollars per year, payable in monthly installments for the first	3653
four years of the commission's existence. Each member shall	3654
receive the member's actual and necessary expenses incurred in the	3655
discharge of the member's official duties.	3656

(G) The governor shall not appoint an individual to the	3657
commission, and an individual shall not serve on the commission,	3658
if the individual has been convicted of or pleaded guilty or no	3659
contest to a disqualifying offense as defined in section 3772.07	3660
of the Revised Code. Members coming under indictment or bill of	3661
information of a disqualifying offense shall resign from the	3662
commission immediately upon indictment.	3663

(H) At least five commission members shall be present for the	3664
commission to meet. The concurrence of four members is necessary	3665
for the commission to take any action. All members shall vote on	3666
the adoption of rules, and the approval of, and the suspension or	3667
revocation of, the licenses of casino operators or management	3668
companies, unless a member has a written leave of absence filed	3669
with and approved by the chairperson.	3670

(I) A commission member may be removed or suspended from	3671
office in accordance with section 3.04 of the Revised Code.	3672

(J) Each commission member, before entering upon the	3673
discharge of the member's official duties, shall make an oath to	3674
uphold the Ohio Constitution and laws of the state of Ohio and	3675
shall give a bond, payable by the commission, to the treasurer of	3676
state, in the sum of ten thousand dollars with sufficient sureties	3677
to be approved by the treasurer of state, which bond shall be	3678
filed with the secretary of state.	3679

(K) The commission shall hold one regular meeting each month	3680
and shall convene other meetings at the request of the chairperson	3681
or a majority of the members. A member who fails to attend at	3682
least three-fifths of the regular and special meetings of the	3683
commission during any two-year period forfeits membership on the	3684
commission. All meetings of the commission shall be open meetings	3685
under section 121.22 of the Revised Code except as otherwise	3686
allowed by law.	3687

Sec. 3772.03. (A) To ensure the integrity of casino gaming,	3688
the commission shall have authority to complete the functions of	3689
licensing, regulating, investigating, and penalizing casino	3690
operators, management companies, holding companies, key employees,	3691
casino gaming employees, and gaming-related vendors. The	3692
commission also shall have jurisdiction over all persons	3693
participating in casino gaming authorized by Section 6(C) of	3694
Article XV, Ohio Constitution, and this chapter.	3695

(B) All rules adopted by the commission under this chapter	3696
shall be adopted under procedures established in Chapter 119. of	3697
the Revised Code. The commission may contract for the services of	3698
experts and consultants to assist the commission in carrying out	3699
its duties under this section.	3700

(C) Within six months of the effective date of this section,	3701
the commission shall adopt initial rules as are necessary for	3702
completing the functions stated in division (A) of this section	3703
and for addressing the subjects enumerated in division (D) of this	3704
section.	3705

(D) The commission shall adopt, and as advisable and	3706
necessary shall amend or repeal, rules that include all of the	3707
following:	3708

(1) The prevention of practices detrimental to the public	3709
interest;	3710

(2) Prescribing the method of applying, and the form of	3711
application, that an applicant for a license under this chapter	3712
must follow as otherwise described in this chapter;	3713

(3) Prescribing the information to be furnished by an	3714
applicant or licensee as described in section 3772.11 of the	3715
Revised Code;	3716

(4) Describing the certification standards and duties of an	3717
independent testing laboratory certified under section 3772.31 of	3718
the Revised Code and the relationship between the commission, the	3719
laboratory, the gaming-related vendor, and the casino operator;	3720

(5) The minimum amount of insurance that must be maintained	3721
by a casino operator, management company, holding company, or	3722
gaming-related vendor;	3723

(6) The approval process for a significant change in	3724
ownership or transfer of control of a licensee as provided in	3725
section 3772.091 of the Revised Code;	3726

(7) The design of gaming supplies, devices, and equipment to	3727
be distributed by gaming-related vendors;	3728

(8) Identifying the casino gaming that is permitted,	3729
identifying the gaming supplies, devices, and equipment, that are	3730
permitted, defining the area in which the permitted casino gaming	3731
may be conducted, and specifying the method of operation according	3732
to which the permitted casino gaming is to be conducted as	3733
provided in section 3772.20 of the Revised Code, and requiring	3734
gaming devices and equipment to meet the standards of this state;	3735

(9) Tournament play in any casino facility;

3736

(10) Establishing and implementing a voluntary exclusion	3737
program that provides all of the following:	3738

(a) Except as provided by commission rule, a person who	3739
participates in the program shall agree to refrain from entering a	3740
casino facility.	3741

(b) The name of a person participating in the program shall	3742
be included on a list of persons excluded from all casino	3743
facilities.	3744

(c) Except as provided by commission rule, no person who	3745
participates in the program shall petition the commission for	3746
admittance into a casino facility.	3747

(d) The list of persons participating in the program and the	3748
personal information of those persons shall be confidential and	3749
shall only be disseminated by the commission to a casino operator	3750
and the agents and employees of the casino operator for purposes	3751
of enforcement and to other entities, upon request of the	3752
participant and agreement by the commission.	3753

(e) A casino operator shall make all reasonable attempts as	3754
determined by the commission to cease all direct marketing efforts	3755
to a person participating in the program.	3756

(f) A casino operator shall not cash the check of a person	3757
participating in the program or extend credit to the person in any	3758
manner. However, the program shall not exclude a casino operator	3759
from seeking the payment of a debt accrued by a person before	3760
participating in the program.	3761

(g) Any and all locations at which a person may register as a	3762
participant in the program shall be published.	3763

(11) Requiring the commission to adopt standards regarding	3764
the marketing materials of a licensed casino operator, including	3765
allowing the commission to prohibit marketing materials that are	3766
contrary to the adopted standards;	3767

(12) Requiring that the records, including financial	3768
statements, of any casino operator, management company, holding	3769
company, and gaming-related vendor be maintained in the manner	3770
prescribed by the commission and made available for inspection	3771
upon demand by the commission, but shall be subject to section	3772
3772.16 of the Revised Code;	3773

(13) Permitting a licensed casino operator, management	3774
company, key employee, or casino gaming employee to question a	3775
person suspected of violating this chapter;	3776

(14) The chips, tokens, tickets, electronic cards, or similar	3777
objects that may be purchased by means of an agreement under which	3778
credit is extended to a wagerer by a casino operator;	3779

(15) Establishing standards for provisional key employee	3780
licenses for a person who is required to be licensed as a key	3781
employee and is in exigent circumstances and standards for	3782
provisional licenses for casino gaming employees who submit	3783
complete applications and are compliant under an instant	3784
background check. A provisional license shall be valid not longer	3785
than three months. A provisional license may be renewed one time,	3786
at the commission's discretion, for an additional three months. In	3787
establishing standards with regard to instant background checks	3788
the commission shall take notice of criminal records checks as	3789
they are conducted under section 311.41 of the Revised Code using	3790
electronic fingerprint reading devices.	3791

(16) Establishing approval procedures for third-party	3792
engineering or accounting firms, as described in section 3772.09	3793
of the Revised Code;	3794

(17) Prescribing the manner in which winnings, compensation	3795
from casino gaming, and gross revenue must be computed and	3796
reported by a licensee as described in Chapter 5753. of the	3797
Revised Code;	3798

(18) Prescribing conditions under which a licensee's license	3799
may be suspended or revoked as described in section 3772.04 of the	3800
Revised Code;	3801

(19) Prescribing the manner and procedure of all hearings to	3802
be conducted by the commission or by any hearing examiner;	3803

(20) Prescribing technical standards and requirements that	3804
are to be met by security and surveillance equipment that is used	3805
at and standards and requirements to be met by personnel who are	3806
employed at casino facilities, and standards and requirements for	3807
the provision of security at and surveillance of casino	3808
facilities;	3809

(21) Prescribing requirements for a casino operator to	3810
provide unarmed security services at a casino facility by licensed	3811
casino employees, and the training that shall be completed by	3812
these employees;	3813

(22) Prescribing standards according to which casino	3814
operators shall keep accounts and standards according to which	3815
casino accounts shall be audited, and establish means of assisting	3816
the tax commissioner in levying and collecting the gross casino	3817
revenue tax levied under section 5753.02 of the Revised Code;	3818

(23) Defining penalties for violation of commission rules and	3819
a process for imposing such penalties subject to the review of the	3820
joint committee on gaming and wagering;	3821

(24) Establishing standards for decertifying contractors that	3822
violate statutes or rules of this state or the federal government;	3823

(25) Establishing standards for the repair of casino gaming	3824
equipment;	3825

(26) Establishing procedures to ensure that casino operators,	3826
management companies, and holding companies are compliant with the	3827
compulsive and problem gambling plan submitted under section	3828
3772.18 of the Revised Code;	3829

(27) Providing for any other thing necessary and proper for	3830
successful and efficient regulation of casino gaming under this	3831
chapter.	3832

(E) The commission shall employ and assign gaming agents as	3833
necessary to assist the commission in carrying out the duties of	3834
this chapter. In order to maintain employment as a gaming agent,	3835
the gaming agent shall successfully complete all continuing	3836
training programs required by the commission and shall not have	3837
been convicted of or pleaded guilty or no contest to a	3838
disqualifying offense as defined in section 3772.07 of the Revised	3839
Code.	3840

(F) The commission and its gaming agents shall have authority	3841
with regard to the detection and investigation of, the seizure of	3842
evidence allegedly relating to, and the apprehension and arrest of	3843
persons allegedly committing gaming offenses, and shall have	3844
access to casino facilities to carry out the requirements of this	3845
chapter.	3846

(G) The commission may eject or exclude or authorize the	3847
ejection or exclusion of and a gaming agent may eject a person	3848
from a casino facility for any of the following reasons:	3849

(1) The person's name is on the list of persons voluntarily	3850
excluding themselves from all casinos in a program established	3851
according to rules adopted by the commission;	3852

(2) The person violates or conspires to violate this chapter	3853
or a rule adopted thereunder; or	3854

(3) The commission determines that the person's conduct or	3855
reputation is such that the person's presence within a casino	3856
facility may call into question the honesty and integrity of the	3857
casino gaming operations or interfere with the orderly conduct of	3858
the casino gaming operations.	3859

(H) A person, other than a person participating in a	3860
voluntary exclusion program, may petition the commission for a	3861
public hearing on the person's ejection or exclusion under this	3862
chapter.	3863

(I) A casino operator or management company shall have the	3864
same authority to eject or exclude a person from the management	3865
company's casino facilities as authorized in division (G) of this	3866
section. The licensee shall immediately notify the commission of	3867
an ejection or exclusion.	3868

(J) The commission shall submit a written annual report with	3869
the governor, president and minority leader of the senate, speaker	3870
and minority leader of the house of representatives, and joint	3871
committee on gaming and wagering before the first day of September	3872
each year. The annual report shall include a statement describing	3873
the receipts and disbursements of the commission, relevant	3874
financial data regarding casino gaming, including gross revenues	3875
and disbursements made under this chapter, actions taken by the	3876
commission, an update on casino operators', management companies',	3877
and holding companies' compulsive and problem gambling plans and	3878
the voluntary exclusion program and list, and any additional	3879
information that the commission considers useful or that the	3880
governor, president or minority leader of the senate, speaker or	3881
minority leader of the house of representatives, or joint	3882
committee on gaming and wagering requests.	3883

(K) Notwithstanding any law to the contrary, beginning on	3884
July 1, 2011, the commission shall assume jurisdiction over and	3885
oversee the regulation of skill-based amusement machines as is	3886
provided in the law of this state.	3887

Sec. 3772.031. (A) The general assembly finds that the	3888
exclusion or ejection of certain persons from casino facilities is	3889
necessary to effectuate the intents and purposes of this chapter	3890
and to maintain strict and effective regulation of casino gaming.	3891
The commission, by rule, shall provide for a list of persons who	3892
are to be excluded or ejected from a casino facility. Persons	3893
included on the exclusion list shall be identified by name and	3894
physical description. The commission shall publish the exclusion	3895
list on its web site, and shall transmit a copy of the exclusion	3896
list periodically to casino operators, as it is initially issued	3897
and thereafter as it is revised from time to time. A casino	3898
operator shall take steps necessary to ensure that all its key	3899
employees and casino gaming employees are aware of and understand	3900
the exclusion list and its function, and that all its key	3901
employees and casino gaming employees are kept aware of the	3902
content of the exclusion list as it is issued and thereafter	3903
revised from time to time.	3904

(B) The exclusion list may include any person whose presence	3905
in a casino facility is determined by the commission to pose a	3906
threat to the interests of the state, to achieving the intents and	3907
purposes of this chapter, or to the strict and effective	3908
regulation of casino gaming. In determining whether to include a	3909
person on the exclusion list, the commission may consider:	3910

(1) Any prior conviction of a crime that is a felony under	3911
the laws of this state, another state, or the United States, a	3912
crime involving moral turpitude, or a violation of the gaming laws	3913
of this state, another state, or the United States; and	3914

(2) A violation, or a conspiracy to violate, any provision of	3915
this chapter that consists of:	3916

(a) A failure to disclose an interest in a gaming facility	3917
for which the person must obtain a license;	3918

(b) Purposeful evasion of taxes or fees;

3919

(c) A notorious or unsavory reputation that would adversely	3920
affect public confidence and trust that casino gaming is free from	3921
criminal or corruptive elements; or	3922

(d) A violation of an order of the commission or of any other	3923
governmental agency that warrants exclusion or ejection of the	3924
person from a casino facility.	3925

(3) If the person has pending charges or indictments for a	3926
gaming or gambling crime or a crime related to the integrity of	3927
gaming operations in any state;	3928

(4) If the person's conduct or reputation is such that the	3929
person's presence within a casino facility may call into question	3930
the honesty and integrity of the casino gaming operations or	3931
interfere with the orderly conduct of the casino gaming	3932
operations;	3933

(5) If the person is a career or professional offender whose	3934
presence in a casino facility would be adverse to the interest of	3935
licensed gaming in this state;	3936

(6) If the person has a known relationship or connection with	3937
a career or professional offender whose presence in a casino	3938
facility would be adverse to the interest of licensed gaming in	3939
this state;	3940

(7) If the commission has suspended the person's gaming	3941
privileges;	3942

(8) If the commission has revoked the person's licenses	3943
related to this chapter;	3944

(9) If the commission determines that the person poses a	3945
threat to the safety of patrons or employees of a casino facility;	3946

(10) If the person has a history of conduct involving the	3947
disruption of gaming operations within a casino facility.	3948

Race, color, creed, national origin or ancestry, or sex are	3949
not grounds for placing a person on the exclusion list.	3950

(C) The commission shall notify a person of the commission's	3951
intent to include such person on the exclusion list. The notice	3952
shall be provided by personal service, by certified mail to the	3953
person's last known address, or, if service cannot be accomplished	3954
by personal service or certified mail, by publication daily for	3955
two weeks in a newspaper of general circulation within the county	3956
in which the person resides and in a newspaper of general	3957
circulation within each county in which a casino facility is	3958
located.	3959

(D) A person who receives notice of intent to include the	3960
person on the exclusion list is entitled to an adjudication	3961
hearing under Chapter 119. of the Revised Code, except as provided	3962
in this section, in which the person may demonstrate why the	3963
person should not be included on the exclusion list. The person	3964
shall request such an adjudication hearing not later than thirty	3965
days after the person receives the notice by personal service or	3966
certified mail, or not later than thirty days after the last	3967
newspaper publication of the notice. If the adjudication hearing	3968
or any appeal under Chapter 119. of the Revised Code results in an	3969
order that the person should not be included on the exclusion	3970
list, the commission shall publish a revised exclusion list that	3971
does not include the person. The commission also shall notify	3972
casino operators that the person has been removed from the	3973
exclusion list. A casino operator shall take all steps necessary	3974
to ensure its key employees and casino gaming employees are made	3975
aware that the person has been removed from the exclusion list.	3976

(E) This section does not apply to the voluntary exclusion	3977
list created as part of the voluntary exclusion program.	3978

Sec. 3772.032. (A) The permanent joint committee on gaming	3979
and wagering is established. The committee consists of six	3980
members. The speaker of the house of representatives shall appoint	3981
to the committee three members of the house of representatives and	3982
the president of the senate shall appoint to the committee three	3983
members of the senate. Not more than two members appointed from	3984
each chamber may be members of the same political party. The	3985
chairperson shall be from the opposite party as the chairperson of	3986
the joint committee on agency rule review. If the chairperson is	3987
to be from the house of representatives, the speaker of the house	3988
of representatives shall designate a member as the chairperson and	3989
the president of the senate shall designate a member as the	3990
vice-chairperson. If the chairperson is to be from the senate, the	3991
president of the senate shall designate a member as the	3992
chairperson and the speaker of the house of representatives shall	3993
designate a member as the vice-chairperson.	3994

(B) The committee shall:

3995

(1) Review all constitutional amendments, laws, and rules	3996
governing the operation and administration of casino gaming and	3997
all authorized gaming and wagering activities and recommend to the	3998
general assembly and commission any changes it may find desirable	3999
with respect to the language, structure, and organization of those	4000
amendments, laws, or rules;	4001

(2) Make an annual report to the governor and to the general	4002
assembly with respect of the operation and administration of	4003
casino gaming;	4004

(3) Review all changes of fees and penalties as provided in	4005
this chapter and rules adopted thereunder; and	4006

(4) Study all proposed changes to the constitution and laws	4007
of this state and to the rules adopted by the commission governing	4008
the operation and administration of casino gaming, and report to	4009
the general assembly on their adequacy and desirability as a	4010
matter of public policy.	4011

(C) Any study, or any expense incurred, in furtherance of the	4012
committee's objectives shall be paid for from, or out of, the	4013
casino control commission fund or other appropriation provided by	4014
law. The members shall receive no additional compensation, but	4015
shall be reimbursed for actual and necessary expenses incurred in	4016
the performance of their official duties.	4017

Sec. 3772.033. In carrying out the responsibilities vested in	4018
the commission by this chapter, the commission may do all the	4019
following and may designate any such responsibilities to the	4020
executive director, to the commission's employees, or to the	4021
gaming agents:	4022

(A) Inspect and examine all premises where casino gaming is	4023
conducted or gaming supplies, devices, or equipment are	4024
manufactured, sold, or distributed;	4025

(B) Inspect all gaming supplies, devices, and equipment in or	4026
about a casino facility;	4027

(C) Summarily impound and seize and remove from the casino	4028
facility premises gaming supplies, devices, and equipment for the	4029
purpose of examination and inspection;	4030

(D) Determine any facts, or any conditions, practices, or	4031
other matters, as the commission considers necessary or proper to	4032
aid in the enforcement of this chapter or of a rule adopted	4033
thereunder;	4034

(E) Audit gaming operations, including those that have ceased	4035
operation;	4036

(F) Investigate, for the purpose of prosecution, any	4037
suspected violation of this chapter or rules adopted thereunder;	4038

(G) Investigate as appropriate to aid the commission and to	4039
seek the executive director's advice in adopting rules;	4040

(H) Secure information as is necessary to provide a basis for	4041
recommending legislation for the improvement of this chapter;	4042

(I) Make, execute, and otherwise effectuate all contracts and	4043
other agreements, including contracts for necessary purchases of	4044
goods and services. Except for any contract entered into with	4045
independent testing laboratories under section 3772.31 of the	4046
Revised Code, the commission shall ensure use of Ohio products or	4047
services in compliance with sections 125.09 and 125.11 of the	4048
Revised Code and all rules adopted thereunder.	4049

(J) Employ the services of persons the commission considers	4050
necessary for the purposes of consultation or investigation, and	4051
fix the salaries of, or contract for the services of, legal,	4052
accounting, technical, operational, and other personnel and	4053
consultants;	4054

(K) Secure, by agreement, information and services as the	4055
commission considers necessary from any state agency or other unit	4056
of state government;	4057

(L) Acquire furnishings, equipment, supplies, stationery,	4058
books, and all other things the commission considers necessary or	4059
desirable to successfully and efficiently carry out the	4060
commission's duties and functions; and	4061

(M) Perform all other things the commission considers	4062
necessary to effectuate the intents and purposes of this chapter.	4063
This section shall not prohibit the commission from imposing	4064
administrative discipline, including fines and suspension or	4065
revocation of licenses, on licensees under this chapter if the	4066
licensee is found to be in violation of the commission's rules.	4067

Sec. 3772.034. Absent gross negligence, a casino operator,	4068
management company, holding company, gaming-related vendor, the	4069
state, and employees of those entities are entitled to immunity	4070
from any type of civil liability if a person participating in the	4071
voluntary exclusion program enters a casino facility.	4072

Sec. 3772.04. (A)(1) If, as the result of an investigation,	4073
the commission concludes that a license or finding required by	4074
this chapter should be limited, conditioned, or restricted, or	4075
suspended or revoked, the commission shall conduct an adjudication	4076
under Chapter 119. of the Revised Code.	4077

(2) The commission shall appoint a hearing examiner to	4078
conduct the hearing in the adjudication. A party to the	4079
adjudication may file written objections to the hearing examiner's	4080
report and recommendations not later than the thirtieth day after	4081
they are served upon the party or the party's attorney or other	4082
representative of record. The commission shall not take up the	4083
hearing examiner's report and recommendations earlier than the	4084
thirtieth day after the hearing examiner's report and	4085
recommendations were submitted to the commission.	4086

(3) If the commission finds that a person has violated this	4087
chapter or a rule adopted thereunder, the commission may issue an	4088
order:	4089

(a) Limiting, conditioning, or restricting, or suspending or	4090
revoking, a license issued under this chapter;	4091

(b) Limiting, conditioning, or restricting, or suspending or	4092
revoking, a finding made under this chapter;	4093

(c) Requiring a casino facility to exclude a licensee from	4094
the casino facility or requiring a casino facility not to pay to	4095
the licensee any remuneration for services or any share of	4096
profits, income, or accruals on the licensee's investment in the	4097
casino facility; or	4098

(d) Fining a licensee or other person according to the	4099
penalties adopted by the commission.	4100

(4) An order may be judicially reviewed under section 119.12	4101
of the Revised Code.	4102

(B) For the purpose of conducting any study or investigation,	4103
the commission may direct that public hearings be held at a time	4104
and place, prescribed by the commission, in accordance with	4105
section 121.22 of the Revised Code. The commission shall give	4106
notice of all public hearings in such manner as will give actual	4107
notice to all interested parties.	4108

(C) In the discharge of any duties imposed by this chapter,	4109
the commission may require that testimony be given under oath and	4110
administer such oath, issue subpoenas compelling the attendance of	4111
witnesses and the production of any papers, books, and accounts,	4112
and cause the deposition of any witness. In the event of the	4113
refusal of any person without good cause to comply with the terms	4114
of a subpoena issued by the commission or refusal to testify on	4115
matters about which the person may lawfully be questioned, the	4116
prosecuting attorney of the county in which such person resides,	4117
upon the petition of the commission, may bring a proceeding for	4118
contempt against such person in the court of common pleas of that	4119
county.	4120

(D) When conducting a public hearing, the commission shall	4121
not limit the number of speakers who may testify. However, the	4122
commission may set reasonable time limits on the length of an	4123
individual's testimony or the total amount of time allotted to	4124
proponents and opponents of an issue before the commission.	4125

(E) An administrative law judge appointed by the commission	4126
may conduct a hearing under this chapter and recommend findings of	4127
fact and decisions to the commission.	4128

(F) The commission may rely, in whole or in part, upon	4129
investigations, conclusions, or findings of other casino gaming	4130
commissions or other government regulatory bodies in connection	4131
with licensing, investigations, or other matters relating to an	4132
applicant or licensee under this chapter.	4133

Sec. 3772.05. To carry out the provisions of this chapter and	4134
other enforcement provisions provided for under the laws of this	4135
state, under their established duties and authority, the tax	4136
commissioner, the Ohio ethics commission, the inspector general,	4137
and the commission, and their respective employees, may demand	4138
access to and inspect, examine, photocopy, and audit all books,	4139
accounts, records, and memoranda of any person that is not	4140
protected by privilege and that is subject to the provisions of	4141
this chapter, and may examine under oath any officer, agent, or	4142
employee of that person.	4143

Sec. 3772.051. Upon cessation of gaming operations, a former	4144
licensee shall furnish, upon the demand of the commission, books,	4145
papers, and other records as necessary for the commission to audit	4146
the ceased gaming operation. A former licensee shall maintain all	4147
books, papers, and other records for a period of three years after	4148
the cessation of gaming operations. However, if a civil action or	4149
criminal proceeding relating to the former licensee is pending, or	4150
if an administrative adjudication or judicial review of an	4151
administrative adjudication relating to the former licensee is	4152
pending, the former licensee shall maintain all books, papers, and	4153
other records until the matter has been finally determined.	4154

If a person disobeys a subpoena or subpoena duces tecum, or	4155
refuses to testify as directed by a subpoena, the commission shall	4156
request the prosecutor of the county in which the person resides	4157
to apply to the court of common pleas for an order compelling the	4158
person to attend or to produce tangible evidence, or to testify,	4159
as directed by the subpoena or subpoena duces tecum. The court	4160
shall treat the application as if it were disobedience to comply	4161
with a subpoena or subpoena duces tecum issued by the court or a	4162
refusal to testify in the court.	4163

Sec. 3772.06. (A)(1) The commission shall appoint an	4164
executive director who shall serve at the pleasure of the	4165
commission. The executive director is in the unclassified service,	4166
shall devote full time to the duties of the office, and shall hold	4167
no other office or employment. The executive director shall, by	4168
experience and training, possess management skills that equip the	4169
executive director to administer an enterprise of the nature of	4170
the commission. The executive director shall not have a pecuniary	4171
interest in any business organization that holds a license under	4172
this chapter, or that does business with any person licensed under	4173
this chapter. A member of the general assembly, a person who holds	4174
an elective office, or an office holder of a political party is	4175
ineligible to be appointed executive director at the same time as	4176
being such a member or holding such an office. The executive	4177
director shall receive an annual salary in accordance with pay	4178
range 48 of section 124.152 of the Revised Code.	4179

(2) The executive director, before entering upon the	4180
discharge of the executive director's official duties, shall give,	4181
and thereafter shall maintain, bond in the amount of twenty-five	4182
thousand dollars, payable to the state, conditioned upon the	4183
executive director's faithful and proper performance of the	4184
executive director's official duties. The bond shall be issued by	4185
a surety authorized to do business in this state and shall be	4186
filed with the secretary of state. The bond may be an individual	4187
bond or a schedule or blanket bond.	4188

(B)(1) The executive director or a deputy designated in	4189
writing by the executive director shall attend all meetings of the	4190
commission and shall act as its secretary. The executive director	4191
shall keep a record of all commission proceedings and shall keep	4192
the commission's records, files, and documents at the commission's	4193
principal office.	4194

(2) The executive director shall be the chief executive	4195
officer and shall be responsible for keeping all commission	4196
records and supervising and administering casino gaming in	4197
accordance with this chapter, and enforcing all commission rules	4198
adopted under this chapter.	4199

(3) The executive director shall hire staff, including an	4200
assistant director or deputy directors, as necessary to assist the	4201
executive director in the executive director's duties under this	4202
chapter. In appointing employees, the executive director is	4203
subject to section 3772.061 of the Revised Code. The executive	4204
director may employ employees as necessary, unless the commission	4205
determines otherwise. Except as otherwise provided in this	4206
chapter, all costs of administration incurred by the executive	4207
director and the executive director's employees shall be paid out	4208
of the casino control commission fund.	4209

(C) A state agency or other unit of state government shall	4210
cooperate with the commission, and shall provide the commission	4211
with information and services the commission considers necessary	4212
to carry out the commission's duties and functions under this	4213
chapter.	4214

(D) The executive director shall confer at least once each	4215
month with the commission, at which time the executive director	4216
shall advise it regarding the operation and administration of the	4217
commission and casino gaming. The executive director shall make	4218
available at the request of the commission all documents, files,	4219
and other records pertaining to the operation and administration	4220
of the commission and casino gaming. The executive director shall	4221
prepare and make available to the commission each month a complete	4222
and accurate accounting of gross casino gaming revenues, and all	4223
other relevant financial information, including an accounting of	4224
all transfers made from the casino control commission fund.	4225

Sec. 3772.061. The executive director of the commission	4226
shall appoint the number of professional, technical, and clerical	4227
employees that is necessary, in the executive director's	4228
reasonable opinion, for conducting internal audits, as an internal	4229
auditing department, of the commission. The professional and	4230
technical employees so appointed shall be qualified by education,	4231
licensing (if relevant), and experience to perform the internal	4232
audit function successfully and efficiently. These employees,	4233
together with clerical employees necessary for their support,	4234
shall be assigned only to the internal audit function and not to	4235
any other function of the commission.	4236

The internal auditing department, at reasonable intervals and	4237
as necessary, shall conduct internal audits of the commission. The	4238
internal audits shall audit the accounts and transactions of the	4239
commission, ascertain the condition of funds used by the	4240
commission, and make an inventory of the funds and of the assets	4241
under the control of the commission. The report of an internal	4242
audit shall be signed by the employee who was principally	4243
responsible for conducting the internal audit. A copy of the	4244
signed report shall be forwarded to the commission and to the	4245
auditor of state. The report is not a public record that is open	4246
to public inspection and copying until it has been forwarded as	4247
required by the preceding sentence.	4248

Sec. 3772.062. The executive director of the commission	4249
shall enter into an agreement with the department of alcohol and	4250
drug addiction services under which the department provides a	4251
program of gambling and addiction services on behalf of the	4252
commission.	4253

Sec. 3772.07. The following appointing or licensing	4254
authorities shall obtain a criminal records check of the person	4255
who is to be appointed or licensed:	4256

(A) The governor, before appointing an individual as a member	4257
of the commission;	4258

(B) The commission, before appointing an individual as	4259
executive director or a gaming agent;	4260

(C) The commission, before issuing a license for a key	4261
employee or casino gaming employee, and before issuing a license	4262
for each investor, except an institutional investor, for a casino	4263
operator, management company, holding company, or gaming-related	4264
vendor;	4265

(D) The executive director, before appointing an individual	4266
as a professional, technical, or clerical employee of the	4267
commission.	4268

Thereafter, such an appointing or licensing authority shall	4269
obtain a criminal records check of the same individual at	4270
three-year intervals.	4271

The appointing or licensing authority shall provide to each	4272
person of whom a criminal records check is required a copy of the	4273
form and the standard fingerprint impression sheet prescribed	4274
under divisions (C)(1) and (2) of section 109.572 of the Revised	4275
Code. The person shall complete the form and impression sheet and	4276
return them to the appointing or licensing authority. If a person	4277
fails to complete and return the form and impression sheet within	4278
a reasonable time, the person is ineligible to be appointed or	4279
licensed or to continue in the appointment or licensure.	4280

The appointing or licensing authority shall forward the	4281
completed form and impression sheet to the superintendent of the	4282
bureau of criminal identification and investigation. The	4283
appointing or licensing authority shall request the superintendent	4284
also to obtain information from the federal bureau of	4285
investigation, including fingerprint-based checks of the national	4286
crime information databases, and from other states and the federal	4287
government under the national crime prevention and privacy compact	4288
as part of the criminal records check.	4289

The commission shall pay the fee the bureau of criminal	4290
identification and investigation charges for all criminal records	4291
checks conducted under this section. An applicant for a casino	4292
operator, management company, holding company, or gaming-related	4293
vendor license shall reimburse the commission for the amount of	4294
the fee paid on the applicant's behalf. An applicant for a key	4295
employee or casino gaming employee license shall reimburse the	4296
commission for the amount of the fee paid on the applicant's	4297
behalf, unless the applicant is applying at the request of a	4298
casino operator or management company, in which case the casino	4299
operator or management company shall reimburse the commission.	4300

The appointing or licensing authority shall review the	4301
results of a criminal records check. An appointee for a commission	4302
member shall forward the results of the criminal records check to	4303
the president of the senate before the senate advises and consents	4304
to the appointment of the commission member. The appointing or	4305
licensing authority shall not appoint or license or retain the	4306
appointment or licensure of a person a criminal records check	4307
discloses has been convicted of or has pleaded guilty or no	4308
contest to a disqualifying offense. A "disqualifying offense"	4309
means any gambling offense, any theft offense, any offense having	4310
an element of fraud or misrepresentation, any offense having an	4311
element of moral turpitude, and any felony not otherwise included	4312
in the foregoing list, except as otherwise provided in section	4313
3772.10 of the Revised Code.	4314

The report of a criminal records check is not a public record	4315
that is open to public inspection and copying. The commission	4316
shall not make the report available to any person other than the	4317
person who was the subject of the criminal records check; an	4318
appointing or licensing authority; a member, the executive	4319
director, or an employee of the commission; or any court or	4320
agency, including a hearing examiner, in a judicial or	4321
administrative proceeding relating to the person's employment with	4322
the entity requesting the criminal records check in which the	4323
criminal records check is relevant.	4324

Sec. 3772.08. (A) Casino gaming shall be conducted only by	4325
licensed casino operators of the four casino facilities or by a	4326
licensed management company retained by a licensed casino	4327
operator.	4328

(B) A licensed casino operator, licensed management company,	4329
or another person may provide nongaming amenities within the	4330
casino facility.	4331

Sec. 3772.09. (A) No casino operator, management company,	4332
holding company, gaming-related vendor, key employee, or casino	4333
gaming employee shall conduct or participate in conducting casino	4334
gaming without first obtaining a license from the commission.	4335

(B) Before a licensed casino operator may conduct casino	4336
gaming at a casino facility, a licensed casino operator shall	4337
engage a third-party engineering or accounting firm to certify	4338
expenses of its initial investment, as required by section 3772.27	4339
of the Revised Code, and provide documentation to the commission.	4340
The third-party engineering or accounting firm shall be approved	4341
by the commission and shall certify expenses in accordance with	4342
rules adopted by the commission under section 3772.03 of the	4343
Revised Code. The commission may request the department of	4344
administrative services to assist the commission in carrying out	4345
its duties under this section.	4346

Sec. 3772.091. (A) No license issued under this chapter is	4347
transferable. New majority ownership interest or control shall	4348
require a new license. The commission may reopen a licensing	4349
investigation at any time. A significant change in or transfer of	4350
control, as determined by the commission, shall require the filing	4351
of an application for a new license and submission of a license	4352
fee with the commission before any such change or transfer of	4353
control is approved. A change in or transfer of control to an	4354
immediate family member is not considered a significant change	4355
under this section.	4356

(B) As used in this section, "control" means either of the	4357
following:	4358

(1) Either:

4359

(a) Holding fifty per cent or more of the outstanding voting	4360
securities of a licensee; or	4361

(b) For an unincorporated licensee, having the right to fifty	4362
per cent or more of the profits of the licensee, or having the	4363
right in the event of dissolution to fifty per cent or more of the	4364
assets of the licensee.	4365

(2) Having the contractual power presently to designate fifty	4366
per cent or more of the directors of a for-profit or	4367
not-for-profit corporation, or in the case of trusts described in	4368
paragraphs (c)(3) to (5) of 16 C.F.R. 801.1, the trustees of such	4369
a trust.	4370

Sec. 3772.10. (A) In determining whether to grant or maintain	4371
the privilege of a casino operator, management company, holding	4372
company, key employee, casino gaming employee, or gaming-related	4373
vendor license, the Ohio casino control commission shall consider	4374
all of the following, as applicable:	4375

(1) The reputation, experience, and financial integrity of	4376
the applicant, its holding company, if applicable, and any other	4377
person that directly or indirectly controls the applicant;	4378

(2) The financial ability of the applicant to purchase and	4379
maintain adequate liability and casualty insurance and to provide	4380
an adequate surety bond;	4381

(3) The past and present compliance of the applicant and its	4382
affiliates or affiliated companies with casino-related licensing	4383
requirements in this state or any other jurisdiction, including	4384
whether the applicant has a history of noncompliance with the	4385
casino licensing requirements of any jurisdiction;	4386

(4) If the applicant has been indicted, convicted, pleaded	4387
guilty or no contest, or forfeited bail concerning any criminal	4388
offense under the laws of any jurisdiction, either felony or	4389
misdemeanor, not including traffic violations;	4390

(5) If the applicant has filed, or had filed against it a	4391
proceeding for bankruptcy or has ever been involved in any formal	4392
process to adjust, defer, suspend, or otherwise work out the	4393
payment of any debt;	4394

(6) If the applicant has been served with a complaint or	4395
other notice filed with any public body regarding a payment of any	4396
tax required under federal, state, or local law that has been	4397
delinquent for one or more years;	4398

(7) If the applicant is or has been a defendant in litigation	4399
involving its business practices;	4400

(8) If awarding a license would undermine the public's	4401
confidence in the casino gaming industry in this state;	4402

(9) If the applicant meets other standards for the issuance	4403
of a license that the commission adopts by rule, which shall not	4404
be arbitrary, capricious, or contradictory to the expressed	4405
provisions of this chapter.	4406

(B) All applicants for a license under this chapter shall	4407
establish their suitability for a license by clear and convincing	4408
evidence. If the commission determines that a person is eligible	4409
under this chapter to be issued a license as a casino operator,	4410
management company, holding company, key employee, casino gaming	4411
employee, or gaming-related vendor, the commission shall issue	4412
such license for not more than three years, as determined by	4413
commission rule, if all other requirements of this chapter have	4414
been satisfied.	4415

(C) The commission shall not issue a casino operator,	4416
management company, holding company, key employee, casino gaming	4417
employee, or gaming-related vendor license under this chapter to	4418
an applicant if:	4419

(1) The applicant has been convicted of a disqualifying	4420
offense, as defined in section 3772.07 of the Revised Code.	4421

(2) The applicant has submitted an application for license	4422
under this chapter that contains false information.	4423

(3) The applicant is a commission member.

4424

(4) The applicant owns an ownership interest that is unlawful	4425
under this chapter, unless waived by the commission.	4426

(5) The applicant violates specific rules adopted by the	4427
commission related to denial of licensure.	4428

(6) The applicant is a member of or employed by a gaming	4429
regulatory body of a governmental unit in this state, another	4430
state, or the federal government, or is employed by a governmental	4431
unit of this state. This division does not prohibit a casino	4432
operator from hiring special duty law enforcement officers if the	4433
officers are not specifically involved in gaming-related	4434
regulatory functions.	4435

(7) The commission otherwise determines the applicant is	4436
ineligible for the license.	4437

(D)(1) The commission shall investigate the qualifications of	4438
each applicant under this chapter before any license is issued and	4439
before any finding with regard to acts or transactions for which	4440
commission approval is required is made. The commission shall	4441
continue to observe the conduct of all licensees and all other	4442
persons having a material involvement directly or indirectly with	4443
a casino operator, management company, or holding company to	4444
ensure that licenses are not issued to or held by, or that there	4445
is not any material involvement with a casino operator, management	4446
company, or holding company by, an unqualified, disqualified, or	4447
unsuitable person or a person whose operations are conducted in an	4448
unsuitable manner or in unsuitable or prohibited places or	4449
locations.	4450

(2) The executive director may recommend to the commission	4451
that it deny any application, or limit, condition, or restrict, or	4452
suspend or revoke, any license or finding, or impose any fine upon	4453
any licensee or other person according to this chapter and the	4454
rules adopted thereunder.	4455

(3) A license issued under this chapter is a revocable	4456
privilege. No licensee has a vested right in or under any license	4457
issued under this chapter. The initial determination of the	4458
commission to deny, or to limit, condition, or restrict, a license	4459
may be appealed under section 2505.03 of the Revised Code.	4460

(E)(1) An institutional investor otherwise required to be	4461
found suitable or qualified under this chapter and the rules	4462
adopted under this chapter shall be presumed suitable or qualified	4463
upon submitting documentation sufficient to establish	4464
qualifications as an institutional investor and upon certifying	4465
all of the following:	4466

(a) The institutional investor owns, holds, or controls	4467
publicly traded securities issued by a licensee or holding,	4468
intermediate, or parent company of a licensee or in the ordinary	4469
course of business for investment purposes only.	4470

(b) The institutional investor does not exercise influence	4471
over the affairs of the issuer of such securities nor over any	4472
licensed subsidiary of the issuer of such securities.	4473

(c) The institutional investor does not intend to exercise	4474
influence over the affairs of the issuer of such securities, nor	4475
over any licensed subsidiary of the issuer of such securities, in	4476
the future, and that it agrees to notify the commission in writing	4477
within thirty days if such intent changes.	4478

(2) The exercise of voting privileges with regard to publicly	4479
traded securities shall not be deemed to constitute the exercise	4480
of influence over the affairs of a licensee.	4481

(3) The commission shall rescind the presumption of	4482
suitability for an institutional investor at any time if the	4483
institutional investor exercises or intends to exercise influence	4484
or control over the affairs of the licensee.	4485

(4) This division shall not be construed to preclude the	4486
commission from investigating the suitability or qualifications of	4487
an institutional investor if the commission becomes aware of facts	4488
or information that may result in the institutional investor being	4489
found unsuitable or disqualified.	4490

(F) Information provided on the application shall be used as	4491
a basis for a thorough background investigation of each applicant.	4492
A false or incomplete application is cause for denial of a license	4493
by the commission. All applicants and licensees shall consent to	4494
inspections, searches, and seizures and to the disclosure to the	4495
commission and its agents of confidential records, including tax	4496
records, held by any federal, state, or local agency, credit	4497
bureau, or financial institution and to provide handwriting	4498
exemplars, photographs, fingerprints, and information as	4499
authorized in this chapter and in rules adopted by the commission.	4500

Sec. 3772.11. (A) A person may apply to the commission for a	4501
casino operator, management company, or holding company license to	4502
conduct casino gaming at a casino facility as provided in this	4503
chapter. The application shall be made under oath on forms	4504
provided by the commission and shall contain information as	4505
prescribed by rule, including, but not limited to, all of the	4506
following:	4507

(1) The name, business address, business telephone number,	4508
social security number, and, where applicable, the federal tax	4509
identification number of any applicant;	4510

(2) The identity of every person having a greater than five	4511
per cent direct or indirect interest in the applicant casino	4512
facility for which the license is sought for publicly traded	4513
companies or greater than three per cent for privately held	4514
companies;	4515

(3) An identification of any business, including the state of	4516
incorporation or registration if applicable, in which an	4517
applicant, or the spouse or children of an applicant, has an	4518
equity interest of more than five per cent;	4519

(4) The name of any casino operator, management company,	4520
holding company, and gaming-related vendor in which the applicant	4521
has an equity interest of at least five per cent;	4522

(5) If an applicant has ever applied for or has been granted	4523
any gaming license or certificate issued by a licensing authority	4524
in Ohio or any other jurisdiction that has been denied,	4525
restricted, suspended, revoked, or not renewed and a statement	4526
describing the facts and circumstances concerning the application,	4527
denial, restriction, suspension, revocation, or nonrenewal,	4528
including the licensing authority, the date each action was taken,	4529
and the reason for each action;	4530

(6) If an applicant has ever filed or had filed against it a	4531
civil or administrative action or proceeding in bankruptcy,	4532
including the date of filing, the name and location of the court,	4533
the case caption, the docket number, and the disposition;	4534

(7) The name and business telephone number of any attorney	4535
representing an applicant in matters before the commission;	4536

(8) Information concerning the amount, type of tax, the	4537
taxing agency, and times involved, if the applicant has filed or	4538
been served with a complaint or notice filed with a public body	4539
concerning a delinquency in the payment of or a dispute over a	4540
filing concerning the payment of a tax required under federal,	4541
state, or local law;	4542

(9) A description of any proposed casino gaming operation and	4543
related casino enterprises, including the type of casino facility,	4544
location, expected economic benefit to the community, anticipated	4545
or actual number of employees, any statement from an applicant	4546
regarding compliance with federal and state affirmative action	4547
guidelines, projected or actual admissions, projected or actual	4548
gross receipts, and scientific market research;	4549

(10) Financial information in the manner and form prescribed	4550
by the commission;	4551

(11) If an applicant has directly made a political	4552
contribution, loan, donation, or other payment of one hundred	4553
dollars or more to a statewide office holder, a member of the	4554
general assembly, a local government official elected in a	4555
jurisdiction where a casino facility is located, or a ballot issue	4556
not more than one year before the date the applicant filed the	4557
application and all information relating to the contribution,	4558
loan, donation, or other payment;	4559

(12) Any criminal conviction; and

4560

(13) Other information required by the commission under rules	4561
adopted by the commission.	4562

(B) Any holding company or management company, its directors,	4563
executive officers, members, managers, and any shareholder who	4564
holds more than five per cent ownership interest of a holding	4565
company or management company shall be required to submit the same	4566
information as required by an applicant under this section.	4567

Sec. 3772.111. In determining whether to grant a casino	4568
operator license, the commission shall also consider:	4569

(A) The facilities or proposed facilities for the conduct of	4570
casino gaming;	4571

(B) The prospective total revenue to be collected by the	4572
state from the conduct of casino gaming;	4573

(C) The extent to which the applicant exceeds or meets other	4574
standards adopted by the commission.	4575

Sec. 3772.112. Before a license is issued to a casino	4576
operator, the casino operator shall post, and thereafter shall	4577
maintain, a surety bond in the amount of one million dollars	4578
payable to the state, conditioned on the casino operator complying	4579
with Section 6(C) of Article XV, Ohio Constitution, this chapter,	4580
and the rules adopted under this chapter. The bond shall be issued	4581
by a surety that is licensed to do business in this state, and	4582
shall be approved by the commission. The total aggregate liability	4583
of the surety on the bond is limited to the amount specified in	4584
the bond. The surety shall not cancel the bond unless the surety	4585
has given the commission, in the event of nonpayment of premium,	4586
ten days' notice of the intention to cancel, and in the event of	4587
any other cause, thirty days' notice of the intention to cancel.	4588
If the bond is to be canceled, and if the casino operator fails to	4589
post and maintain a new surety bond in the specified amount on or	4590
before the day of cancellation, the casino operator's license is	4591
void.	4592

Sec. 3772.12. (A) A person may apply for a gaming-related	4593
vendor license. All applications shall be made under oath.	4594

(B) A person who holds a gaming-related vendor's license is	4595
authorized to sell or lease, and to contract to sell or lease,	4596
equipment and supplies to any licensee involved in the ownership	4597
or management of a casino facility.	4598

(C) Gambling supplies and equipment shall not be distributed	4599
unless supplies and equipment conform to standards adopted in	4600
rules adopted by the commission.	4601

Sec. 3772.121. (A) The commission may issue a gaming-related	4602
vendor's license under this chapter to an applicant who has:	4603

(1) Applied for the gaming-related vendor's license;

4604

(2) Paid a nonrefundable license fee as described in section	4605
3772.17 of the Revised Code, which shall cover all actual costs	4606
generated by each licensee and all background checks;	4607

(3) Submitted two sets of the applicant's fingerprints; and

4608

(4) Been determined by the commission as eligible for a	4609
gaming-related vendor's license.	4610

(B) A gaming-related vendor shall furnish to the commission a	4611
list of all equipment, devices, and supplies offered for sale or	4612
lease in connection with casino games authorized under this	4613
chapter.	4614

(C) A gaming-related vendor's equipment, devices, or supplies	4615
that are used by a person in an unauthorized casino gaming	4616
operation shall be forfeited to the state.	4617

Sec. 3772.13. (A) No person may be employed as a key employee	4618
unless the person is the holder of a valid key employee license	4619
issued by the commission.	4620

(B) Each applicant shall, before the issuance of any key	4621
employee license, produce information, documentation, and	4622
assurances as are required by this chapter and rules adopted	4623
thereunder. In addition, each applicant shall, in writing,	4624
authorize the examination of all bank accounts and records as may	4625
be deemed necessary by the commission.	4626

(C) To be eligible for a key employee license, the applicant	4627
shall be at least twenty-one years of age and shall meet the	4628
criteria set forth by rule by the commission.	4629

(D) Each application for a key employee license shall be on a	4630
form prescribed by the commission and shall contain all	4631
information required by the commission. The applicant shall set	4632
forth in the application if the applicant has been issued prior	4633
gambling-related licenses; if the applicant has been licensed in	4634
any other state under any other name, and, if so, the name under	4635
which the license was issued and the applicant's age at the time	4636
the license was issued; any criminal conviction the applicant has	4637
had; and if a permit or license issued to the applicant in any	4638
other state has been suspended, restricted, or revoked, and, if	4639
so, the cause and the duration of each action.	4640

(E) Each applicant shall submit with each application, on a	4641
form provided by the commission, two sets of fingerprints and a	4642
photograph. The commission shall charge each applicant an	4643
application fee set by the commission to cover all actual costs	4644
generated by each licensee and all background checks under this	4645
section and section 3772.07 of the Revised Code.	4646

(F)(1) The casino operator, management company, or holding	4647
company by whom a person is employed as a key employee shall	4648
terminate the person's employment in any capacity requiring a	4649
license under this chapter and shall not in any manner permit the	4650
person to exercise a significant influence over the operation of a	4651
casino facility if:	4652

(a) The person does not apply for and receive a key employee	4653
license within three months of being issued a provisional license,	4654
as established under commission rule.	4655

(b) The person's application for a key employee license is	4656
denied by the commission.	4657

(c) The person's key employee license is revoked by the	4658
commission.	4659

The commission shall notify the casino operator, management	4660
company, or holding company who employs such a person by certified	4661
mail of any such finding, denial, or revocation.	4662

(2) A casino operator, management company, or holding company	4663
shall not pay to a person whose employment is terminated under	4664
division (F)(1) of this section, any remuneration for any services	4665
performed in any capacity in which the person is required to be	4666
licensed, except for amounts due for services rendered before	4667
notice was received under that division. A contract or other	4668
agreement for personal services or for the conduct of any casino	4669
gaming at a casino facility between a casino operator, management	4670
company, or holding company and a person whose employment is	4671
terminated under division (F)(1) of this section may be terminated	4672
by the casino operator, management company, or holding company	4673
without further liability on the part of the casino operator,	4674
management company, or holding company. Any such contract or other	4675
agreement is deemed to include a term authorizing its termination	4676
without further liability on the part of the casino operator,	4677
management company, or holding company upon receiving notice under	4678
division (F)(1) of this section. That a contract or other	4679
agreement does not expressly include such a term is not a defense	4680
in any action brought to terminate the contract or other	4681
agreement, and is not grounds for relief in any action brought	4682
questioning termination of the contract or other agreement.	4683

(3) A casino operator, management company, or holding	4684
company, without having obtained the prior approval of the	4685
commission, shall not enter into any contract or other agreement	4686
with a person who has been found unsuitable, who has been denied a	4687
license, or whose license has been revoked under division (F)(1)	4688
of this section, or with any business enterprise under the control	4689
of such a person, after the date on which the casino operator,	4690
management company, or holding company receives notice under that	4691
division.	4692

Sec. 3772.131. (A) All casino gaming employees are required	4693
to have a casino gaming employee license. "Casino gaming employee"	4694
means the following and their supervisors:	4695

(1) Individuals involved in operating a casino gaming pit,	4696
including dealers, shills, clerks, hosts, and junket	4697
representatives;	4698

(2) Individuals involved in handling money, including	4699
cashiers, change persons, count teams, and coin wrappers;	4700

(3) Individuals involved in operating casino games;

4701

(4) Individuals involved in operating and maintaining slot	4702
machines, including mechanics, floor persons, and change and	4703
payoff persons;	4704

(5) Individuals involved in security, including guards and	4705
game observers;	4706

(6) Individuals with duties similar to those described in	4707
divisions (A)(1) to (5) of this section or other persons as the	4708
commission determines. "Casino gaming employee" does not include	4709
an individual whose duties are related solely to nongaming	4710
activities such as entertainment, hotel operation, maintenance, or	4711
preparing or serving food and beverages.	4712

(B) The commission may issue a casino gaming employee license	4713
to an applicant after it has determined that the applicant is	4714
eligible for a license under rules adopted by the commission and	4715
paid any applicable fee. All applications shall be made under	4716
oath.	4717

(C) To be eligible for a casino gaming employee license, an	4718
applicant shall be at least twenty-one years of age.	4719

(D) Each application for a casino gaming employee license	4720
shall be on a form prescribed by the commission and shall contain	4721
all information required by the commission. The applicant shall	4722
set forth in the application if the applicant has been issued	4723
prior gambling-related licenses; if the applicant has been	4724
licensed in any other state under any other name, and, if so, the	4725
name under which the license was issued and the applicant's age at	4726
the time the license was issued; any criminal conviction the	4727
applicant has had; and if a permit or license issued to the	4728
applicant in any other state has been suspended, restricted, or	4729
revoked, and, if so, the cause and the duration of each action.	4730

(E) Each applicant shall submit with each application, on a	4731
form provided by the commission, two sets of the applicant's	4732
fingerprints and a photograph. The commission shall charge each	4733
applicant an application fee to cover all actual costs generated	4734
by each licensee and all background checks.	4735

Sec. 3772.14. (A) After notice and opportunity for an	4736
adjudication conducted under Chapter 119. of the Revised Code, the	4737
commission may suspend, revoke, or refuse to issue or renew a	4738
license in accordance with rules adopted by the commission and the	4739
commission may reopen a licensing hearing at any time.	4740

(B) Without in any manner limiting the authority of the	4741
commission to impose the level and type of discipline it may	4742
consider appropriate, the commission may take into consideration:	4743

(1) If the licensee knew or reasonably should have known that	4744
the action complained of was a violation of any law, regulation,	4745
or condition on the licensee's license;	4746

(2) If the licensee has previously been disciplined by the	4747
commission;	4748

(3) If the licensee has previously been subject to discipline	4749
by the commission concerning the violation of any law, regulation,	4750
or condition of the licensee's license;	4751

(4) If the licensee reasonably relied upon professional	4752
advice from a lawyer, doctor, accountant, or other recognized	4753
professional that was relevant to the action resulting in the	4754
violation;	4755

(5) If the licensee or licensee's employer had a reasonably	4756
constituted and functioning compliance program;	4757

(6) If the imposition of a condition requiring the licensee	4758
to establish and implement a written self-enforcement and	4759
compliance program would assist in ensuring the licensee's future	4760
compliance with all statutes, regulations, and conditions of the	4761
license;	4762

(7) If the licensee realized a pecuniary gain from the	4763
violation;	4764

(8) If the amount of any fine or other penalty imposed would	4765
result in disgorgement of any gains unlawfully realized by the	4766
licensee;	4767

(9) If the violation was caused by an officer or employee of	4768
the licensee, the level of authority of the individual who caused	4769
the violation;	4770

(10) If the individual who caused the violation acted within	4771
the scope of the individual's authority as granted by the	4772
licensee;	4773

(11) The adequacy of any training programs offered by the	4774
licensee or licensee's employer that were relevant to the activity	4775
which resulted in the violation;	4776

(12) If the licensee's action substantially deviated from	4777
industry standards and customs;	4778

(13) The extent to which the licensee cooperated with the	4779
commission during the investigation of the violation;	4780

(14) If the licensee has initiated remedial measures to	4781
prevent similar violations;	4782

(15) The magnitude of penalties imposed on other licensees	4783
for similar violations;	4784

(16) The proportionality of the penalty in relation to the	4785
misconduct;	4786

(17) The extent to which the amount of any fine imposed would	4787
punish the licensee for the conduct and deter future violations;	4788

(18) Any mitigating factors offered by the licensee; and

4789

(19) Any other factors the commission in its sole and	4790
absolute discretion may consider relevant.	4791

Sec. 3772.15. (A) Unless a license issued under this chapter	4792
is suspended, expires, or is revoked, the license shall be renewed	4793
for not more than three years, as determined by commission rule,	4794
after a determination by the commission that the licensee is in	4795
compliance with this chapter and rules authorized by this chapter	4796
and after the licensee pays a fee.	4797

(B) A licensee shall undergo a complete investigation at	4798
least every three years, as determined by commission rule, to	4799
determine that the licensee remains in compliance with this	4800
chapter.	4801

(C) Notwithstanding division (B) of this section, the	4802
commission may investigate a licensee at any time the commission	4803
determines it is necessary to ensure that the licensee remains in	4804
compliance with this section.	4805

(D) The holder of a license shall bear the cost of an	4806
investigation, except key employees and casino gaming employees	4807
who are employed by a casino operator, in which case the casino	4808
operator shall pay the investigation cost.	4809

Sec. 3772.16. (A) Any information concerning the following	4810
submitted, collected, or gathered as part of an application to the	4811
commission for a license under this chapter is confidential and	4812
not subject to disclosure as a record under section 149.43 of the	4813
Revised Code:	4814

(1) A minor child of an applicant;

4815

(2) The social security number of an applicant or the spouse	4816
of an applicant;	4817

(3) The home telephone number of an applicant or the spouse	4818
or children of an applicant;	4819

(4) An applicant's birth certificate;

4820

(5) The driver's license number of an applicant or the	4821
applicant's spouse;	4822

(6) The name or address of a previous spouse of the	4823
applicant;	4824

(7) The date of birth of the spouse of an applicant;

4825

(8) The place of birth of the spouse of an applicant;

4826

(9) The personal financial information and records of an	4827
applicant or the spouse or minor child of an applicant, including	4828
tax returns and information, and records of criminal proceedings;	4829

(10) Any information concerning a victim of domestic	4830
violence, sexual assault, or stalking;	4831

(11) The electronic mail address of the spouse or family	4832
member of the applicant;	4833

(12) An applicant's home addresses; and

4834

(13) Any trade secret.

4835

(B) Notwithstanding any other law, upon written request from	4836
a person, the commission shall provide the following information	4837
to the person except as provided in this chapter:	4838

(1) The information provided under this chapter concerning a	4839
licensee or an applicant;	4840

(2) The amount of the wagering tax and admission tax paid	4841
daily to the state by a licensed applicant or an operating agent;	4842
and	4843

(3) A copy of a letter providing the reasons for the denial	4844
of an applicant's license or an operating agent's contract and a	4845
copy of a letter providing the reasons for the commission's	4846
refusal to allow an applicant to withdraw the applicant's	4847
application, but with confidential information redacted if that	4848
information is the reason for the denial or refusal to withdraw.	4849

(C) In addition to information that is confidential under	4850
division (A) of this section, medical records, trade secrets,	4851
patents or exclusive licenses, and marketing materials maintained	4852
by the commission concerning a person who holds, held, or has	4853
applied for a license under this chapter is confidential and not	4854
subject to section 149.43 of the Revised Code.	4855

(D) The individual's name, the individual's place of	4856
employment, the individual's job title, and the individual's	4857
gaming experience that is provided for an individual who holds,	4858
held, or has applied for a license under this chapter is not	4859
confidential. The reason for denial or revocation of a license or	4860
for disciplinary action against the individual and information	4861
submitted by the individual for a felony waiver request is not	4862
confidential.	4863

(E) An individual who holds, held, or has applied for a	4864
license under this chapter may waive the confidentiality	4865
requirements of division (A) of this section.	4866

Sec. 3772.17. (A) The upfront license fee to obtain a license	4867
as a casino operator shall be fifty million dollars per casino	4868
facility, which shall be deposited into the economic development	4869
programs fund, which is created in the state treasury. New casino	4870
operator, management company, and holding company license and	4871
renewal license fees shall be set by rule, subject to the review	4872
of the joint committee on gaming and wagering.	4873

(B) The fee to obtain an application for a casino operator,	4874
management company, or holding company license shall be one	4875
million five hundred thousand dollars per application. The	4876
application fee shall be deposited into the casino control	4877
commission fund. The application fee is nonrefundable.	4878

(C) The license fees for a gaming-related vendor shall be set	4879
by rule, subject to the review of the joint committee on gaming	4880
and wagering. Additionally, the commission may assess an applicant	4881
a reasonable fee in the amount necessary to process a	4882
gaming-related vendor license application.	4883

(D) The license fees for a key employee shall be set by rule,	4884
subject to the review of the joint committee on gaming and	4885
wagering. Additionally, the commission may assess an applicant a	4886
reasonable fee in the amount necessary to process a key employee	4887
license application. If the license is being sought at the request	4888
of a casino operator, such fees shall be paid by the casino	4889
operator.	4890

(E) The license fees for a casino gaming employee shall be	4891
set by rule, subject to the review of the joint committee on	4892
gaming and wagering. If the license is being sought at the request	4893
of a casino operator, the fee shall be paid by the casino	4894
operator.	4895

Sec. 3772.18. (A) Each casino operator, management company,	4896
and holding company involved in the application and ownership or	4897
management of a casino facility shall provide to the commission as	4898
applicable:	4899

(1) An annual balance sheet;

4900

(2) An annual income statement;

4901

(3) An annual audited financial statement;

4902

(4) A list of the stockholders or other persons having at	4903
least a five per cent ownership interest in the casino operator,	4904
management company, or holding company and any other information	4905
the commission considers necessary for the effective	4906
administration of this chapter;	4907

(5) Notification of any material changes to the applicant's	4908
or licensee's stockholders must be provided to the commission	4909
within sixty days of the change. Notification of any refinancing	4910
and debt issuance shall be in accordance with rules adopted by the	4911
commission under Chapter 119. of the Revised Code; and	4912

(6) An applicant's compulsive and problem gambling plan. A	4913
casino operator shall submit an annual summary of its compulsive	4914
and problem gambling plan to the commission. The plan at a minimum	4915
shall contain the following elements:	4916

(a) The goals of the plan and procedures and timetables to	4917
implement the plan;	4918

(b) The identification of the individual who will be	4919
responsible for the implementation and maintenance of the plan;	4920

4921

(i) The commitment of the casino operator to train	4922
appropriate employees;	4923

(ii) The duties and responsibilities of the employees	4924
designated to implement or participate in the plan;	4925

(iii) The responsibility of patrons with respect to	4926
responsible gambling;	4927

(iv) Procedures for providing information to individuals	4928
regarding community, public and private treatment services,	4929
gamblers anonymous programs, and similar treatment or addiction	4930
therapy programs designed to prevent, treat, or monitor compulsive	4931
and problem gamblers and to counsel family members;	4932

(v) The provision of printed material to educate patrons	4933
about compulsive and problem gambling and to inform them about	4934
treatment services available to compulsive and problem gamblers	4935
and their families;	4936

(vi) The employee training program;

4937

(vii) Procedures to prevent underage gambling;

4938

(viii) Procedures to prevent intoxicated patrons from	4939
gambling;	4940

(ix) The plan for posting signs within the casino facility	4941
containing gambling treatment information.	4942

(B) Each casino operator shall submit quarterly updates and	4943
an annual report to the commission of its adherence to the plans	4944
and goals submitted under division (A) of this section.	4945

(C) Preference shall be given to each of the following to	4946
train employees for casino-related employment opportunities:	4947

(1) State institutions of higher education as defined in	4948
section 3345.011 of the Revised Code;	4949

(2) Private career schools holding program authorizations	4950
issued by the state board of career colleges and schools under	4951
division (C) of section 3332.05 of the Revised Code;	4952

(3) Private institutions exempt from regulation under Chapter	4953
3332. of the Revised Code as prescribed in section 3333.046 of the	4954
Revised Code.	4955

Sec. 3772.19. A person shall not hold a majority ownership	4956
interest in, or be a management company for, more than two casino	4957
facilities at any one time. A person shall not hold a majority	4958
ownership interest in, or be a management company, for more than	4959
two tracks at which horse racing where the pari-mutuel system of	4960
wagering is conducted at any one time, of which not more than one	4961
shall be a track for thoroughbred horses.	4962

Sec. 3772.20. (A) A maximum of five thousand slot machines	4963
may be operated at a casino facility. Each casino operator for	4964
each casino facility shall determine the total number of slot	4965
machines in their facility, up to a maximum of five thousand slot	4966
machines that may be operated at such casino facility. There shall	4967
be no limit on the number of table games allowed at each casino	4968
facility.	4969

(B) Any slot machine game or table game currently authorized	4970
in, and any future slot machine or table game authorized in, the	4971
states of Indiana, Michigan, Pennsylvania, and West Virginia may	4972
be conducted at casino facilities in this state at the discretion	4973
of a licensed casino operator but only after being approved, upon	4974
application by a licensed casino operator, by the commission.	4975

(C) Minimum and maximum wagers on casino gaming shall be	4976
determined by casino operators, subject to the commission's	4977
approval.	4978

(D) No slot machine shall be set to pay out less than the	4979
theoretical payout percentage, which shall be not less than	4980
eighty-five per cent, as specifically approved by the commission.	4981
The commission shall adopt rules that define the theoretical	4982
payout percentage of a slot machine based on the total value of	4983
the jackpots expected to be paid by a slot machine divided by the	4984
total value of slot machine wagers expected to be made on that	4985
slot machine during the same portion of the game cycle. In	4986
determining the theoretical payout percentage, the commission may	4987
consider market conditions, the payout percentage in other states,	4988
the impact on gaming within the market, or any other factor the	4989
commission deems relevant. The commission may adjust the payout	4990
percentage at any time.	4991

Sec. 3772.21. (A) Casino gaming equipment and supplies	4992
customarily used in conducting casino gaming shall be purchased or	4993
leased only from gaming-related vendors licensed under this	4994
chapter. A management company owning casino gaming devices,	4995
supplies, and equipment shall be licensed as a gaming-related	4996
vendor under this chapter.	4997

(B) Annually, a gaming-related vendor shall furnish to the	4998
commission a list of all equipment, devices, and supplies offered	4999
for sale or lease in connection with casino gaming authorized	5000
under this chapter.	5001

(C) A gaming-related vendor shall keep books and records for	5002
the furnishing of equipment, devices, and supplies to gaming	5003
operations separate from books and records of any other business	5004
operated by the gaming-related vendor. A gaming-related vendor	5005
shall file a quarterly return with the commission listing all	5006
sales and leases. A gaming-related vendor shall permanently affix	5007
the gaming-related vendor's name to all of the gaming-related	5008
vendor's equipment, devices, and supplies for casino gaming	5009
operations.	5010

(D) A gaming-related vendor's equipment, devices, or supplies	5011
that are used by a person in an unauthorized casino gaming	5012
operation shall be forfeited to the commission.	5013

Sec. 3772.22. (A) All casino facility operations shall use a	5014
cashless wagering system whereby all wagerers' money is converted	5015
to chips, tokens, tickets, electronic cards, or other instruments	5016
of value at the request of the wagerer that may only be used for	5017
wagering at a casino facility. Wagering shall not be conducted	5018
with money or other negotiable currency.	5019

(B) Wagers may be received only from a person present at a	5020
casino facility. A wagerer present at a casino facility shall not	5021
place or attempt to place a wager on behalf of an individual who	5022
is not present at the casino facility.	5023

Sec. 3772.23. (A) All tokens, chips, or electronic cards that	5024
are used to make wagers shall be purchased from the casino	5025
operator or management company while at a casino facility that has	5026
been approved by the commission. Chips, tokens, tickets,	5027
electronic cards, or similar objects may be used while at the	5028
casino facility only for the purpose of making wagers on casino	5029
games.	5030

(B) Casino operators and management companies shall not do	5031
any of the following:	5032

(1) Obtain a license to operate a check-cashing business	5033
under sections 1315.01 to 1315.30 of the Revised Code;	5034

(2) Obtain a license to provide loans under sections 1321.01	5035
to 1321.19 of the Revised Code;	5036

(3) Obtain a license to provide loans under sections 1321.35	5037
to 1321.48 of the Revised Code.	5038

Sec. 3772.24. (A) An employee of a casino facility who is	5039
between eighteen and twenty-one years of age may be present in the	5040
area of a casino facility where casino gaming is being conducted,	5041
as long as the employee's duties are related solely to nongaming	5042
activities. An individual who is less than twenty-one years of age	5043
may enter a designated area of a casino facility where casino	5044
gaming is being conducted, as established by the commission, to	5045
pass to another area where casino gaming is not being conducted.	5046
An individual who is less than twenty-one years of age shall not	5047
make a wager under this chapter.	5048

(B) Casino operators shall notify the commission of the days	5049
and hours during which casino gaming will be conducted.	5050

Sec. 3772.25. The following are not subject to, or limited	5051
by, the requirements of this chapter or Section 6(C) of Article	5052
XV, Ohio Constitution:	5053

(A) Charitable gaming authorized by Chapter 2915. of the	5054
Revised Code;	5055

(B) Charitable bingo authorized by Section 6 of Article XV,	5056
Ohio Constitution, and as authorized by Chapter 2915. of the	5057
Revised Code;	5058

(C) Lottery games as authorized by Section 6 of Article XV,	5059
Ohio Constitution; and	5060

(D) Pari-mutuel wagering authorized by Chapter 3769. of the	5061
Revised Code.	5062

Sec. 3772.26. (A) Each of the four casino facilities shall be	5063
subject to all applicable state laws and local ordinances related	5064
to health and building codes, or any related requirements and	5065
provisions. Notwithstanding the foregoing, no local zoning, land	5066
use laws, subdivision regulations or similar provisions shall	5067
prohibit the development or operation of the four casino	5068
facilities, or casino gaming set forth herein, provided that no	5069
casino facility shall be located in a district zoned exclusively	5070
residential as of January 1, 2009.	5071

(B) No municipal corporation or other political subdivision	5072
in which a casino facility is located shall be required to provide	5073
or improve infrastructure, appropriate property, or otherwise take	5074
any affirmative legislative or administrative action to assist	5075
development or operation of a casino facility, regardless of the	5076
source of funding but if such action is essential to the	5077
development or operation of a casino facility, the municipal	5078
corporation or other political subdivision may charge the casino	5079
operator for any costs incurred for such action.	5080

Sec. 3772.27. Each initial licensed casino operator of each	5081
of the four casino facilities shall make an initial investment of	5082
at least two hundred fifty million dollars for the development of	5083
each casino facility.	5084

If a casino operator has made an initial investment of at	5085
least one hundred twenty-five million dollars at the time a	5086
license is issued, the casino operator shall spend the remainder	5087
of the minimum two-hundred-fifty-million-dollar total required	5088
initial investment within thirty-six months after the issuance of	5089
that license. If a casino operator who has opened an initial	5090
location is making substantial progress, as determined by the	5091
commission, on a substitute casino facility on constitutionally	5092
approved parcels within the same city, the commission shall	5093
include amounts spent by the casino operator to develop such	5094
parcels, and shall grant an additional thirty-six-month extension	5095
to the casino operator who is developing on such parcels. The	5096
commission, upon the request of the casino operator, may also	5097
approve up to twenty-four months of transitional operations by the	5098
casino operator on multiple noncontiguous constitutionally	5099
approved parcels while transitioning from the initial location to	5100
the new facility, provided such facilities are connected by	5101
property and structures, owned, leased, or under the exclusive	5102
control of the casino operator.	5103

Sec. 3772.28. (A) A casino operator shall not enter into a	5104
debt transaction without the approval of the commission. The	5105
casino operator shall submit, in writing, a request for approval	5106
of a debt transaction that contains at least the following	5107
information:	5108

(1) The names and addresses of all parties to the debt	5109
transaction;	5110

(2) The amount of the funds involved;

5111

(3) The type of debt transaction;

5112

(4) The source of the funds to be obtained;

5113

(5) All sources of collateral;

5114

(6) The purpose of the debt transaction;

5115

(7) The terms of the debt transaction;

5116

(8) Any other information deemed necessary by the commission.

5117

(B) As used in this section, "debt transaction" means a	5118
transaction by a casino operator concerning a casino facility	5119
totaling five hundred thousand dollars or more in which a casino	5120
operator acquires debt, including bank financing, private debt	5121
offerings, and any other transaction that results in the	5122
encumbrance of assets.	5123

Sec. 3772.29. All shipments of gaming supplies, devices, and	5124
equipment, including slot machines, into this state are exempt	5125
from section (2) of "An Act to Prohibit Transportation of Gambling	5126
Devices in Interstate and Foreign Commerce," 64 Stat. 1134, 15	5127
U.S.C. 1171-1177.	5128

Sec. 3772.30. (A) If any person violates this chapter or a	5129
rule adopted thereunder, the attorney general has a cause of	5130
action to restrain the violation. Such an action is a civil	5131
action, governed by the Rules of Civil Procedure. Upon receiving a	5132
request from the commission or the executive director, the	5133
attorney general shall commence and prosecute such an action to	5134
completion. The court shall give priority to such an action over	5135
all other civil actions. Such an action does not preclude an	5136
administrative or criminal proceeding on the same facts.	5137

(B) The attorney general may enter into agreements with any	5138
state or local law enforcement agency to carry out its duties.	5139

(C) A sheriff, chief of police, and prosecuting attorney	5140
shall furnish to the commission, on prescribed forms, all	5141
information obtained during the course of any substantial	5142
investigation or prosecution if it appears a violation of this	5143
chapter has occurred. Any such information is not a public record,	5144
as defined in section 149.43 of the Revised Code, until such	5145
information would otherwise become a public record.	5146

Sec. 3772.31. (A) The commission, by and through the	5147
executive director of the commission and as required under section	5148
125.05 of the Revised Code, may enter into contracts necessary to	5149
ensure the proper operation and reporting of all casino gaming	5150
authorized under this chapter. The commission may determine it to	5151
be necessary and adopt rules to authorize a central system. The	5152
system shall be operated by or under the commission's control. If	5153
the commission determines that a central system is necessary and	5154
adopts rules authorizing a central system, casino operators shall	5155
be responsible for the costs of the central system as it relates	5156
to casino facilities.	5157

(B) The commission shall certify independent testing	5158
laboratories to scientifically test and technically evaluate all	5159
slot machines, mechanical, electromechanical, or electronic table	5160
games, slot accounting systems, and other electronic gaming	5161
equipment for compliance with this chapter. The certified	5162
independent testing laboratories shall be accredited by a national	5163
accreditation body. The commission shall certify an independent	5164
testing laboratory if it is competent and qualified to	5165
scientifically test and evaluate electronic gaming equipment for	5166
compliance with this chapter and to otherwise perform the	5167
functions assigned to an independent testing laboratory under this	5168
chapter. An independent testing laboratory shall not be owned or	5169
controlled by, or have any interest in, a gaming-related vendor of	5170
electronic gaming equipment. The commission shall prepare a list	5171
of certified independent testing laboratories from which	5172
independent testing laboratories shall be chosen for all purposes	5173
under this chapter.	5174

Sec. 3772.32. (A) As used in this section, "conservator"	5175
means a person appointed by a court of common pleas as a fiduciary	5176
to temporarily manage and control a casino facility.	5177

(B) The commission shall adopt rules under Chapter 119. of	5178
the Revised Code relating to the administration of a casino	5179
facility by a conservator.	5180

(C) The commission may petition the court of common pleas of	5181
the county in which the casino facility is located for appointment	5182
by the court of a conservator to manage and control the casino	5183
facility if any of the following occurs:	5184

(1) The commission revokes the casino operator's license.

5185

(2) The commission declines to renew the casino operator's	5186
license.	5187

(3) The commission suspends a casino operator's license for	5188
more than one hundred twenty days.	5189

(4) A proposed buyer is denied a casino operator's license,	5190
and the licensed casino operator is unable or unwilling to retain	5191
ownership or control of the casino facility.	5192

(5) A licensed casino operator agrees in writing to	5193
relinquish control of a casino facility to a conservator.	5194

(6) A natural disaster or bankruptcy halts operations at a	5195
casino facility.	5196

This division does not apply if the casino facility for which	5197
a casino license has been issued has not been in operation and	5198
open to the public.	5199

(D)(1) The petition shall contain the names of two or more	5200
persons who the commission believes are suitable and qualified to	5201
manage and control the casino facility and are available for	5202
appointment as a conservator.	5203

(2) Upon receipt of the petition, the court shall appoint as	5204
conservator of the casino facility a person who is named in the	5205
petition. The court shall immediately notify the commission of the	5206
appointment. Upon receipt of notice from the court, the commission	5207
shall immediately notify the casino operator and the conservator.	5208

(3) The court that appoints the conservator shall set	5209
reasonable compensation, out of the revenue of the casino	5210
facility, for the services, costs, and expenses of the conservator	5211
and for any other persons whom the conservator may engage to aid	5212
the conservator in performing the conservator's duties.	5213

(E) A conservator is subject to Chapter 3772. of the Revised	5214
Code and any rules adopted under that chapter as if the	5215
conservator were a licensed casino operator.	5216

(F) A conservator shall be deemed to be a licensed casino	5217
operator and may perform all acts that the conservator is required	5218
or permitted to perform without approval or other action.	5219

(G) The conservator shall take immediately into possession	5220
all property of the casino facility, including its money,	5221
accounts, books, records, and evidences of debts owed to the	5222
casino operator, and shall continue the business of the casino	5223
facility.	5224

(H) A conservator shall file with the commission reports on	5225
the administration of the casino facility in such form and at such	5226
intervals as the commission may prescribe.	5227

(I)(1) If at any time the court finds that a conservator is	5228
not qualified or available to serve as conservator, the court	5229
shall request from the commission the names of two or more persons	5230
who the commission believes are suitable and qualified to manage	5231
and control a casino facility and are available to serve as a	5232
conservator.	5233

(2) The commission may, at any time after the appointment of	5234
a conservator, petition the court for the removal of the	5235
conservator and the appointment of a new conservator or for the	5236
termination of the conservator.	5237

(J) A conservator shall, before assuming the conservator's	5238
duties, execute and file a bond for the faithful performance of	5239
the conservator's duties payable to the commission with such	5240
surety or sureties and in such form as the commission approves and	5241
in such amount as the commission prescribes.	5242

(K) The commission shall require that the former casino	5243
operator purchase liability insurance, in an amount determined by	5244
the commission, to protect a conservator from liability for any	5245
acts or omissions of the conservator occurring during the duration	5246
of the conservatorship that are reasonably related to, and within	5247
the scope of, the conservator's duties.	5248

(L)(1) The former licensed casino operator has one hundred	5249
eighty days after the date on which the conservator is appointed	5250
to sell the casino facility to another person who satisfies the	5251
requirements of this chapter for obtaining a casino operator's	5252
license and is approved by the commission.	5253

(2) If the person is unable to sell the casino facility in	5254
the time required by division (L)(1) of this section, the	5255
conservator may take any action necessary to sell the casino	5256
facility to another person who satisfies the requirements of this	5257
chapter for obtaining a casino operator's license and is approved	5258
by the commission.	5259

(M) The commission shall direct the court of common pleas to	5260
discontinue a conservatorship when any of the following occurs:	5261

(1) The commission determines that the cause for which the	5262
conservatorship was instituted no longer exists.	5263

(2) The former casino operator or the conservator has with	5264
the approval of the commission, consummated the sale, assignment,	5265
conveyance, or other disposition of the casino facility.	5266

(N) Upon the discontinuation of the conservatorship and with	5267
the approval of the commission, the conservator shall take steps	5268
as may be necessary to affect an orderly transfer of the property	5269
of the former casino operator.	5270

Sec. 3772.33. The provisions of sections 3772.091, 3772.17,	5271
and 3772.33 of the Revised Code, and their applications,	5272
constitute a unity and are interdependent and interrelated. If any	5273
provision of those sections, or if any application of any	5274
provision of those sections, is held invalid by a final	5275
nonappealable order or judgment, then all provisions of law	5276
contained in this chapter and their applications in their entirety	5277
also are invalid.	5278

Sec. 3772.99. (A) The commission shall levy and collect	5279
penalties for noncriminal violations of this chapter. Moneys	5280
collected from such penalty levies shall be credited to the	5281
general revenue fund.	5282

(B) If a licensed casino operator, management company,	5283
holding company, gaming-related vendor, or key employee violates	5284
this chapter or engages in a fraudulent act, the commission may	5285
suspend or revoke the license and may do either or both of the	5286
following:	5287

(1) Suspend, revoke, or restrict the casino gaming operations	5288
of a casino operator;	5289

(2) Require the removal of a management company, key	5290
employee, or discontinuance of services from a gaming-related	5291
vendor.	5292

(C) The commission shall impose civil penalties against a	5293
person who violates this chapter under the penalties adopted by	5294
commission rule and reviewed by the joint committee on gaming and	5295
wagering.	5296

(D) A person who knowingly or intentionally does any of the	5297
following commits a misdemeanor of the first degree on the first	5298
offense and a felony of the fifth degree for a subsequent offense:	5299

(1) Makes a false statement on an application submitted under	5300
this chapter;	5301

(2) Permits a person less than twenty-one years of age to	5302
make a wager;	5303

(3) Aids, induces, or causes a person less than twenty-one	5304
years of age who is not an employee of the casino gaming operation	5305
to enter or attempt to enter a casino facility;	5306

(4) Enters or attempts to enter a casino facility while under	5307
twenty-one years of age, unless the person enters a designated	5308
area as described in section 3772.24 of the Revised Code;	5309

(5) Wagers or accepts a wager at a location other than a	5310
casino facility;	5311

(6) Is a casino operator or employee and participates in	5312
casino gaming other than as part of operation or employment.	5313

(E) A person who knowingly or intentionally does any of the	5314
following commits a felony of the fifth degree on a first offense	5315
and a felony of the fourth degree for a subsequent offense. If the	5316
person is a licensee under this chapter, the commission shall	5317
revoke the person's license after the first offense.	5318

(1) Offers, promises, or gives anything of value or benefit	5319
to a person who is connected with the casino operator, management	5320
company, holding company, or gaming-related vendor, including	5321
their officers and employees, under an agreement to influence or	5322
with the intent to influence the actions of the person to whom the	5323
offer, promise, or gift was made in order to affect or attempt to	5324
affect the outcome of a casino game or an official action of a	5325
commission member;	5326

(2) Solicits, accepts, or receives a promise of anything of	5327
value or benefit while the person is connected with a casino,	5328
including an officer or employee of a casino operator, management	5329
company, or gaming-related vendor, under an agreement to influence	5330
or with the intent to influence the actions of the person to	5331
affect or attempt to affect the outcome of a casino game or an	5332
official action of a commission member;	5333

(3) Uses or possesses with the intent to use a device to	5334
assist in projecting the outcome of the game, keeping track of the	5335
cards played, analyzing the probability of the occurrence of an	5336
event relating to the casino game, or analyzing the strategy for	5337
playing or betting to be used in the game, except as permitted by	5338
the commission;	5339

(4) Cheats at a casino game;

5340

(5) Manufactures, sells, or distributes any cards, chips,	5341
dice, game, or device that is intended to be used to violate this	5342
chapter;	5343

(6) Alters or misrepresents the outcome of a casino game on	5344
which wagers have been made after the outcome is made sure but	5345
before the outcome is revealed to the players;	5346

(7) Places a wager on the outcome of a casino game after	5347
acquiring knowledge that is not available to all players and	5348
concerns the outcome of the casino game that is the subject of the	5349
wager;	5350

(8) Aids a person in acquiring the knowledge described in	5351
division (E)(7) of this section for the purpose of placing a wager	5352
contingent on the outcome of a casino game;	5353

(9) Claims, collects, takes, or attempts to claim, collect,	5354
or take money or anything of value in or from a casino game with	5355
the intent to defraud or without having made a wager contingent on	5356
winning a casino game;	5357

(10) Claims, collects, or takes an amount of money or thing	5358
of value of greater value than the amount won in a casino game;	5359

(11) Uses or possesses counterfeit chips or tokens in or for	5360
use in a casino game;	5361

(12) Possesses a key or device designed for opening,	5362
entering, or affecting the operation of a casino game, drop box,	5363
or an electronic or a mechanical device connected with the casino	5364
game or removing coins, tokens, chips, or other contents of a	5365
casino game. This division does not apply to a casino operator,	5366
management company, or gaming-related vendor or their agents and	5367
employees in the course of agency or employment.	5368

(13) Possesses materials used to manufacture a slug or device	5369
intended to be used in a manner that violates this chapter;	5370

(14) Operates a casino gaming operation in which wagering is	5371
conducted or is to be conducted in a manner other than the manner	5372
required under this chapter.	5373

(F) The possession of more than one of the devices described	5374
in division (E)(11), (12), or (13) of this section creates a	5375
rebuttable presumption that the possessor intended to use the	5376
devices for cheating.	5377

(G) A person who is convicted of a felony described in this	5378
chapter may be barred for life from entering a casino facility by	5379
the commission.	5380

Sec. 3793.02. (A) The department of alcohol and drug	5381
addiction services shall promote, assist in developing, and	5382
coordinate or conduct programs of education and research for the	5383
prevention of alcohol and drug addiction, the prevention of	5384
gambling addiction, the treatment, including intervention, of	5385
alcoholics and persons who abuse drugs of abuse, including	5386
anabolic steroids, and the treatment, including intervention, of	5387
persons with gambling addictions. Programs established by the	5388
department shall include abstinence-based prevention and treatment	5389
programs.	5390

(B) In addition to the other duties prescribed by this	5391
chapter, the department shall do all of the following:	5392

(1) Promote and coordinate efforts in the provision of	5393
alcohol and drug addiction services and of gambling addiction	5394
services by other state agencies, as defined in section 1.60 of	5395
the Revised Code; courts; hospitals; clinics; physicians in	5396
private practice; public health authorities; boards of alcohol,	5397
drug addiction, and mental health services; alcohol and drug	5398
addiction programs; law enforcement agencies; gambling addiction	5399
programs; and related groups;	5400

(2) Provide for education and training in prevention,	5401
diagnosis, treatment, and control of alcohol and drug addiction	5402
and of gambling addiction for medical students, physicians,	5403
nurses, social workers, professional counselors, psychologists,	5404
and other persons who provide alcohol and drug addiction services	5405
or gambling addiction services;	5406

(3) Provide training and consultation for persons who	5407
supervise alcohol and drug addiction programs and facilities or	5408
gambling addiction programs and facilities;	5409

(4) Develop measures for evaluating the effectiveness of	5410
alcohol and drug addiction services, including services that use	5411
methadone treatment, and of gambling addiction services, and for	5412
increasing the accountability of alcohol and drug addiction	5413
programs and of gambling addiction programs;	5414

(5) Provide to each court of record, and biennially update, a	5415
list of the treatment and education programs within that court's	5416
jurisdiction that the court may require an offender, sentenced	5417
pursuant to section 4511.19 of the Revised Code, to attend;	5418

(6) Make the warning sign described in sections 3313.752,	5419
3345.41, and 3707.50 of the Revised Code available on the	5420
department's internet web site;	5421

(7) Provide a program of gambling addiction services on	5422
behalf of the state lottery commission, pursuant to an agreement	5423
entered into with the director of the commission under division	5424
(K) of section 3770.02 of the Revised Code, and provide a program	5425
of gambling and addiction services on behalf of the Ohio casino	5426
control commission, under an agreement entered into with the	5427
executive director of the commission under section 3772.062 of the	5428
Revised Code. Under Section 6(C)(3) of Article XV, Ohio	5429
Constitution, the department may enter into agreements with local	5430
alcohol, drug addiction, and mental health service districts that	5431
are authorized and operating in this state, including with such	5432
districts of counties in which a casino facility is not located,	5433
and nonprofit organizations to provide gambling and addiction	5434
services and substance abuse services, and with state institutions	5435
of higher education or private nonprofit institutions that possess	5436
a certificate of authorization issued under Chapter 1713. of the	5437
Revised Code to perform related research.	5438

(C) The department may accept and administer grants from	5439
public or private sources for carrying out any of the duties	5440
enumerated in this section.	5441

(D) Pursuant to Chapter 119. of the Revised Code, the	5442
department shall adopt a rule defining the term "intervention" as	5443
it is used in this chapter in connection with alcohol and drug	5444
addiction services and in connection with gambling addiction	5445
services. The department may adopt other rules as necessary to	5446
implement the requirements of this chapter.	5447

Sec. 3793.032. The director of alcohol and drug addiction	5448
services shall administer the problem casino gambling and	5449
addictions fund. The director shall use the money in the fund to	5450
support programs that provide gambling addiction services, alcohol	5451
and drug addiction programs that provide alcohol and drug	5452
addiction services, other programs that relate to gambling	5453
addiction and substance abuse, and research that relates to	5454
gambling addiction and substance abuse. Treatment services	5455
provided under programs supported by money in the fund under this	5456
section shall be services that are provided by alcohol and drug	5457
addiction treatment programs certified by the department of	5458
alcohol and drug addiction services or provided by counselors who	5459
are certified by the department. Prevention services provided	5460
under programs supported by money in the fund under this section	5461
shall be services that are provided by alcohol and drug addiction	5462
prevention programs certified by the department of alcohol and	5463
drug addiction services.	5464

The director shall prepare an annual report describing the	5465
use of the fund for these purposes. The director shall submit the	5466
report to the Ohio casino control commission, the speaker and	5467
minority leader of the house of representatives, the president and	5468
minority leader of the senate, the governor, and the joint	5469
committee on gaming and wagering.	5470

Sec. 4301.355. (A) If a petition is filed under section	5471
4301.333 of the Revised Code for the submission of the question or	5472
questions set forth in this section, it shall be held in the	5473
precinct as ordered by the board of elections under that section.	5474
The expense of holding the election shall be charged to the	5475
municipal corporation or township of which the precinct is a part.	5476

(B) At the election, one or more of the following questions,	5477
as designated in a valid petition, shall be submitted to the	5478
electors of the precinct:	5479

(1) "Shall the sale of .......... (insert beer, wine and	5480
mixed beverages, or spirituous liquor) be permitted by ..........	5481
(insert name of applicant, liquor permit holder, or liquor agency	5482
store, including trade or fictitious name under which applicant	5483
for, or holder of, liquor permit or liquor agency store either	5484
intends to do, or does, business at the particular location), an	5485
.......... (insert "applicant for" or "holder of" or "operator	5486
of") a .......... (insert class name of liquor permit or permits	5487
followed by the words "liquor permit(s)" or, if appropriate, the	5488
words "liquor agency store for the State of Ohio"), who is engaged	5489
in the business of .......... (insert general nature of the	5490
business in which applicant or liquor permit holder is engaged or	5491
will be engaged in at the particular location, as described in the	5492
petition) at .......... (insert address of the particular location	5493
within the precinct as set forth in the petition) in this	5494
precinct?"	5495

(2) "Shall the sale of .......... (insert beer, wine and	5496
mixed beverages, or spirituous liquor) be permitted for sale on	5497
Sunday between the hours of .......... (insert "ten a.m. and	5498
midnight" or " eleven a.m. and midnight") by .......... (insert	5499
name of applicant, liquor permit holder, or liquor agency store,	5500
including trade or fictitious name under which applicant for, or	5501
holder of, liquor permit or liquor agency store either intends to	5502
do, or does, business at the particular location), an ......	5503
(insert "applicant for a D-6 liquor permit," "holder of a D-6	5504
liquor permit," "applicant for or holder of an A-1-A, A-2, A-3a,	5505
C-1, C-2x, D-1, D-2x, D-3, D-3x, D-4, D-5, D-5b, D-5c, D-5e, D-5f,	5506
D-5g, D-5h, D-5i, D-5j, D-5k, D-5l, D-5m, D-5n, D-5o, or D-7	5507
liquor permit," if only the approval of beer sales is sought, or	5508
"liquor agency store") who is engaged in the business of	5509
.......... (insert general nature of the business in which	5510
applicant or liquor permit holder is engaged or will be engaged in	5511
at the particular location, as described in the petition) at	5512
.......... (insert address of the particular location within the	5513
precinct) in this precinct?"	5514

(C) The board of elections shall furnish printed ballots at	5515
the election as provided under section 3505.06 of the Revised	5516
Code, except that a separate ballot shall be used for the election	5517
under this section. The question set forth in this section shall	5518
be printed on each ballot, and the board shall insert in the	5519
question appropriate words to complete it. Votes shall be cast as	5520
provided under section 3505.06 of the Revised Code.	5521

Sec. 4301.62. (A) As used in this section:

5522

(1) "Chauffeured limousine" means a vehicle registered under	5523
section 4503.24 of the Revised Code.	5524

(2) "Street," "highway," and "motor vehicle" have the same	5525
meanings as in section 4511.01 of the Revised Code.	5526

(B) No person shall have in the person's possession an opened	5527
container of beer or intoxicating liquor in any of the following	5528
circumstances:	5529

(1) In a state liquor store;

5530

(2) Except as provided in division (C) of this section, on	5531
the premises of the holder of any permit issued by the division of	5532
liquor control;	5533

(3) In any other public place;

5534

(4) Except as provided in division (D) or (E) of this	5535
section, while operating or being a passenger in or on a motor	5536
vehicle on any street, highway, or other public or private	5537
property open to the public for purposes of vehicular travel or	5538
parking;	5539

(5) Except as provided in division (D) or (E) of this	5540
section, while being in or on a stationary motor vehicle on any	5541
street, highway, or other public or private property open to the	5542
public for purposes of vehicular travel or parking.	5543

(C)(1) A person may have in the person's possession an opened	5544
container of any of the following:	5545

(a) Beer or intoxicating liquor that has been lawfully	5546
purchased for consumption on the premises where bought from the	5547
holder of an A-1-A, A-2, A-3a, D-1, D-2, D-3, D-3a, D-4, D-4a,	5548
D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j,	5549
D-5k, D-5l, D-5m, D-5n, D-5o, D-7, D-8, E, F, F-2, F-5, F-7, or	5550
F-8 permit;	5551

(b) Beer, wine, or mixed beverages served for consumption on	5552
the premises by the holder of an F-3 permit or wine served for	5553
consumption on the premises by the holder of an F-4 or F-6 permit;	5554

(c) Beer or intoxicating liquor consumed on the premises of a	5555
convention facility as provided in section 4303.201 of the Revised	5556
Code;	5557

(d) Beer or intoxicating liquor to be consumed during	5558
tastings and samplings approved by rule of the liquor control	5559
commission.	5560

(2) A person may have in the person's possession on an F	5561
liquor permit premises an opened container of beer or intoxicating	5562
liquor that was not purchased from the holder of the F permit if	5563
the premises for which the F permit is issued is a music festival	5564
and the holder of the F permit grants permission for that	5565
possession on the premises during the period for which the F	5566
permit is issued. As used in this division, "music festival" means	5567
a series of outdoor live musical performances, extending for a	5568
period of at least three consecutive days and located on an area	5569
of land of at least forty acres.	5570

(3)(a) A person may have in the person's possession on a D-2	5571
liquor permit premises an opened or unopened container of wine	5572
that was not purchased from the holder of the D-2 permit if the	5573
premises for which the D-2 permit is issued is an outdoor	5574
performing arts center, the person is attending an orchestral	5575
performance, and the holder of the D-2 permit grants permission	5576
for the possession and consumption of wine in certain	5577
predesignated areas of the premises during the period for which	5578
the D-2 permit is issued.	5579

(b) As used in division (C)(3)(a) of this section:

5580

(i) "Orchestral performance" means a concert comprised of a	5581
group of not fewer than forty musicians playing various musical	5582
instruments.	5583

(ii) "Outdoor performing arts center" means an outdoor	5584
performing arts center that is located on not less than eight	5585
hundred acres of land and that is open for performances from the	5586
first day of April to the last day of October of each year.	5587

(4) A person may have in the person's possession an opened or	5588
unopened container of beer or intoxicating liquor at an outdoor	5589
location at which the person is attending an orchestral	5590
performance as defined in division (C)(3)(b)(i) of this section if	5591
the person with supervision and control over the performance	5592
grants permission for the possession and consumption of beer or	5593
intoxicating liquor in certain predesignated areas of that outdoor	5594
location.	5595

(D) This section does not apply to a person who pays all or a	5596
portion of the fee imposed for the use of a chauffeured limousine	5597
pursuant to a prearranged contract, or the guest of the person,	5598
when all of the following apply:	5599

(1) The person or guest is a passenger in the limousine.

5600

(2) The person or guest is located in the limousine, but is	5601
not occupying a seat in the front compartment of the limousine	5602
where the operator of the limousine is located.	5603

(3) The limousine is located on any street, highway, or other	5604
public or private property open to the public for purposes of	5605
vehicular travel or parking.	5606

(E) An opened bottle of wine that was purchased from the	5607
holder of a permit that authorizes the sale of wine for	5608
consumption on the premises where sold is not an opened container	5609
for the purposes of this section if both of the following apply:	5610

(1) The opened bottle of wine is securely resealed by the	5611
permit holder or an employee of the permit holder before the	5612
bottle is removed from the premises. The bottle shall be secured	5613
in such a manner that it is visibly apparent if the bottle has	5614
been subsequently opened or tampered with.	5615

(2) The opened bottle of wine that is resealed in accordance	5616
with division (E)(1) of this section is stored in the trunk of a	5617
motor vehicle or, if the motor vehicle does not have a trunk,	5618
behind the last upright seat or in an area not normally occupied	5619
by the driver or passengers and not easily accessible by the	5620
driver.	5621

Sec. 4303.181. (A) Permit D-5a may be issued either to the	5622
owner or operator of a hotel or motel that is required to be	5623
licensed under section 3731.03 of the Revised Code, that contains	5624
at least fifty rooms for registered transient guests or is owned	5625
by a state institution of higher education as defined in section	5626
3345.011 of the Revised Code or a private college or university,	5627
and that qualifies under the other requirements of this section,	5628
or to the owner or operator of a restaurant specified under this	5629
section, to sell beer and any intoxicating liquor at retail, only	5630
by the individual drink in glass and from the container, for	5631
consumption on the premises where sold, and to registered guests	5632
in their rooms, which may be sold by means of a controlled access	5633
alcohol and beverage cabinet in accordance with division (B) of	5634
section 4301.21 of the Revised Code; and to sell the same products	5635
in the same manner and amounts not for consumption on the premises	5636
as may be sold by holders of D-1 and D-2 permits. The premises of	5637
the hotel or motel shall include a retail food establishment or a	5638
food service operation licensed pursuant to Chapter 3717. of the	5639
Revised Code that operates as a restaurant for purposes of this	5640
chapter and that is affiliated with the hotel or motel and within	5641
or contiguous to the hotel or motel, and that serves food within	5642
the hotel or motel, but the principal business of the owner or	5643
operator of the hotel or motel shall be the accommodation of	5644
transient guests. In addition to the privileges authorized in this	5645
division, the holder of a D-5a permit may exercise the same	5646
privileges as the holder of a D-5 permit.	5647

The owner or operator of a hotel, motel, or restaurant who	5648
qualified for and held a D-5a permit on August 4, 1976, may, if	5649
the owner or operator held another permit before holding a D-5a	5650
permit, either retain a D-5a permit or apply for the permit	5651
formerly held, and the division of liquor control shall issue the	5652
permit for which the owner or operator applies and formerly held,	5653
notwithstanding any quota.	5654

A D-5a permit shall not be transferred to another location.	5655
No quota restriction shall be placed on the number of D-5a permits	5656
that may be issued.	5657

The fee for this permit is two thousand three hundred	5658
forty-four dollars.	5659

(B) Permit D-5b may be issued to the owner, operator, tenant,	5660
lessee, or occupant of an enclosed shopping center to sell beer	5661
and intoxicating liquor at retail, only by the individual drink in	5662
glass and from the container, for consumption on the premises	5663
where sold; and to sell the same products in the same manner and	5664
amount not for consumption on the premises as may be sold by	5665
holders of D-1 and D-2 permits. In addition to the privileges	5666
authorized in this division, the holder of a D-5b permit may	5667
exercise the same privileges as a holder of a D-5 permit.	5668

A D-5b permit shall not be transferred to another location.

5669

One D-5b permit may be issued at an enclosed shopping center	5670
containing at least two hundred twenty-five thousand, but less	5671
than four hundred thousand, square feet of floor area.	5672

Two D-5b permits may be issued at an enclosed shopping center	5673
containing at least four hundred thousand square feet of floor	5674
area. No more than one D-5b permit may be issued at an enclosed	5675
shopping center for each additional two hundred thousand square	5676
feet of floor area or fraction of that floor area, up to a maximum	5677
of five D-5b permits for each enclosed shopping center. The number	5678
of D-5b permits that may be issued at an enclosed shopping center	5679
shall be determined by subtracting the number of D-3 and D-5	5680
permits issued in the enclosed shopping center from the number of	5681
D-5b permits that otherwise may be issued at the enclosed shopping	5682
center under the formulas provided in this division. Except as	5683
provided in this section, no quota shall be placed on the number	5684
of D-5b permits that may be issued. Notwithstanding any quota	5685
provided in this section, the holder of any D-5b permit first	5686
issued in accordance with this section is entitled to its renewal	5687
in accordance with section 4303.271 of the Revised Code.	5688

The holder of a D-5b permit issued before April 4, 1984,	5689
whose tenancy is terminated for a cause other than nonpayment of	5690
rent, may return the D-5b permit to the division of liquor	5691
control, and the division shall cancel that permit. Upon	5692
cancellation of that permit and upon the permit holder's payment	5693
of taxes, contributions, premiums, assessments, and other debts	5694
owing or accrued upon the date of cancellation to this state and	5695
its political subdivisions and a filing with the division of a	5696
certification of that payment, the division shall issue to that	5697
person either a D-5 permit, or a D-1, a D-2, and a D-3 permit, as	5698
that person requests. The division shall issue the D-5 permit, or	5699
the D-1, D-2, and D-3 permits, even if the number of D-1, D-2,	5700
D-3, or D-5 permits currently issued in the municipal corporation	5701
or in the unincorporated area of the township where that person's	5702
proposed premises is located equals or exceeds the maximum number	5703
of such permits that can be issued in that municipal corporation	5704
or in the unincorporated area of that township under the	5705
population quota restrictions contained in section 4303.29 of the	5706
Revised Code. Any D-1, D-2, D-3, or D-5 permit so issued shall not	5707
be transferred to another location. If a D-5b permit is canceled	5708
under the provisions of this paragraph, the number of D-5b permits	5709
that may be issued at the enclosed shopping center for which the	5710
D-5b permit was issued, under the formula provided in this	5711
division, shall be reduced by one if the enclosed shopping center	5712
was entitled to more than one D-5b permit under the formula.	5713

The fee for this permit is two thousand three hundred	5714
forty-four dollars.	5715

(C) Permit D-5c may be issued to the owner or operator of a	5716
retail food establishment or a food service operation licensed	5717
pursuant to Chapter 3717. of the Revised Code that operates as a	5718
restaurant for purposes of this chapter and that qualifies under	5719
the other requirements of this section to sell beer and any	5720
intoxicating liquor at retail, only by the individual drink in	5721
glass and from the container, for consumption on the premises	5722
where sold, and to sell the same products in the same manner and	5723
amounts not for consumption on the premises as may be sold by	5724
holders of D-1 and D-2 permits. In addition to the privileges	5725
authorized in this division, the holder of a D-5c permit may	5726
exercise the same privileges as the holder of a D-5 permit.	5727

To qualify for a D-5c permit, the owner or operator of a	5728
retail food establishment or a food service operation licensed	5729
pursuant to Chapter 3717. of the Revised Code that operates as a	5730
restaurant for purposes of this chapter, shall have operated the	5731
restaurant at the proposed premises for not less than twenty-four	5732
consecutive months immediately preceding the filing of the	5733
application for the permit, have applied for a D-5 permit no later	5734
than December 31, 1988, and appear on the division's quota waiting	5735
list for not less than six months immediately preceding the filing	5736
of the application for the permit. In addition to these	5737
requirements, the proposed D-5c permit premises shall be located	5738
within a municipal corporation and further within an election	5739
precinct that, at the time of the application, has no more than	5740
twenty-five per cent of its total land area zoned for residential	5741
use.	5742

A D-5c permit shall not be transferred to another location.	5743
No quota restriction shall be placed on the number of such permits	5744
that may be issued.	5745

Any person who has held a D-5c permit for at least two years	5746
may apply for a D-5 permit, and the division of liquor control	5747
shall issue the D-5 permit notwithstanding the quota restrictions	5748
contained in section 4303.29 of the Revised Code or in any rule of	5749
the liquor control commission.	5750

The fee for this permit is one thousand five hundred	5751
sixty-three dollars.	5752

(D) Permit D-5d may be issued to the owner or operator of a	5753
retail food establishment or a food service operation licensed	5754
pursuant to Chapter 3717. of the Revised Code that operates as a	5755
restaurant for purposes of this chapter and that is located at an	5756
airport operated by a board of county commissioners pursuant to	5757
section 307.20 of the Revised Code, at an airport operated by a	5758
port authority pursuant to Chapter 4582. of the Revised Code, or	5759
at an airport operated by a regional airport authority pursuant to	5760
Chapter 308. of the Revised Code. The holder of a D-5d permit may	5761
sell beer and any intoxicating liquor at retail, only by the	5762
individual drink in glass and from the container, for consumption	5763
on the premises where sold, and may sell the same products in the	5764
same manner and amounts not for consumption on the premises where	5765
sold as may be sold by the holders of D-1 and D-2 permits. In	5766
addition to the privileges authorized in this division, the holder	5767
of a D-5d permit may exercise the same privileges as the holder of	5768
a D-5 permit.	5769

A D-5d permit shall not be transferred to another location.	5770
No quota restrictions shall be placed on the number of such	5771
permits that may be issued.	5772

The fee for this permit is two thousand three hundred	5773
forty-four dollars.	5774

(E) Permit D-5e may be issued to any nonprofit organization	5775
that is exempt from federal income taxation under the "Internal	5776
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501(c)(3), as	5777
amended, or that is a charitable organization under any chapter of	5778
the Revised Code, and that owns or operates a riverboat that meets	5779
all of the following:	5780

(1) Is permanently docked at one location;

5781

(2) Is designated as an historical riverboat by the Ohio	5782
historical society;	5783

(3) Contains not less than fifteen hundred square feet of	5784
floor area;	5785

(4) Has a seating capacity of fifty or more persons.

5786

The holder of a D-5e permit may sell beer and intoxicating	5787
liquor at retail, only by the individual drink in glass and from	5788
the container, for consumption on the premises where sold.	5789

A D-5e permit shall not be transferred to another location.	5790
No quota restriction shall be placed on the number of such permits	5791
that may be issued. The population quota restrictions contained in	5792
section 4303.29 of the Revised Code or in any rule of the liquor	5793
control commission shall not apply to this division, and the	5794
division shall issue a D-5e permit to any applicant who meets the	5795
requirements of this division. However, the division shall not	5796
issue a D-5e permit if the permit premises or proposed permit	5797
premises are located within an area in which the sale of	5798
spirituous liquor by the glass is prohibited.	5799

The fee for this permit is one thousand two hundred nineteen	5800
dollars.	5801

(F) Permit D-5f may be issued to the owner or operator of a	5802
retail food establishment or a food service operation licensed	5803
under Chapter 3717. of the Revised Code that operates as a	5804
restaurant for purposes of this chapter and that meets all of the	5805
following:	5806

(1) It contains not less than twenty-five hundred square feet	5807
of floor area.	5808

(2) It is located on or in, or immediately adjacent to, the	5809
shoreline of, a navigable river.	5810

(3) It provides docking space for twenty-five boats.

5811

(4) It provides entertainment and recreation, provided that	5812
not less than fifty per cent of the business on the permit	5813
premises shall be preparing and serving meals for a consideration.	5814

In addition, each application for a D-5f permit shall be	5815
accompanied by a certification from the local legislative	5816
authority that the issuance of the D-5f permit is not inconsistent	5817
with that political subdivision's comprehensive development plan	5818
or other economic development goal as officially established by	5819
the local legislative authority.	5820

The holder of a D-5f permit may sell beer and intoxicating	5821
liquor at retail, only by the individual drink in glass and from	5822
the container, for consumption on the premises where sold.	5823

A D-5f permit shall not be transferred to another location.

5824

The division of liquor control shall not issue a D-5f permit	5825
if the permit premises or proposed permit premises are located	5826
within an area in which the sale of spirituous liquor by the glass	5827
is prohibited.	5828

A fee for this permit is two thousand three hundred	5829
forty-four dollars.	5830

As used in this division, "navigable river" means a river	5831
that is also a "navigable water" as defined in the "Federal Power	5832
Act," 94 Stat. 770 (1980), 16 U.S.C. 796.	5833

(G) Permit D-5g may be issued to a nonprofit corporation that	5834
is either the owner or the operator of a national professional	5835
sports museum. The holder of a D-5g permit may sell beer and any	5836
intoxicating liquor at retail, only by the individual drink in	5837
glass and from the container, for consumption on the premises	5838
where sold. The holder of a D-5g permit shall sell no beer or	5839
intoxicating liquor for consumption on the premises where sold	5840
after one a.m. A D-5g permit shall not be transferred to another	5841
location. No quota restrictions shall be placed on the number of	5842
D-5g permits that may be issued. The fee for this permit is one	5843
thousand eight hundred seventy-five dollars.	5844

(H)(1) Permit D-5h may be issued to any nonprofit	5845
organization that is exempt from federal income taxation under the	5846
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.	5847
501(c)(3), as amended, that owns or operates any of the following:	5848

(a) A fine arts museum, provided that the nonprofit	5849
organization has no less than one thousand five hundred bona fide	5850
members possessing full membership privileges;	5851

(b) A community arts center. As used in division (H)(1)(b) of	5852
this section, "community arts center" means a facility that	5853
provides arts programming to the community in more than one arts	5854
discipline, including, but not limited to, exhibits of works of	5855
art and performances by both professional and amateur artists.	5856

(c) A community theater, provided that the nonprofit	5857
organization is a member of the Ohio arts council and the American	5858
community theatre association and has been in existence for not	5859
less than ten years. As used in division (H)(1)(c) of this	5860
section, "community theater" means a facility that contains at	5861
least one hundred fifty seats and has a primary function of	5862
presenting live theatrical performances and providing recreational	5863
opportunities to the community.	5864

(2) The holder of a D-5h permit may sell beer and any	5865
intoxicating liquor at retail, only by the individual drink in	5866
glass and from the container, for consumption on the premises	5867
where sold. The holder of a D-5h permit shall sell no beer or	5868
intoxicating liquor for consumption on the premises where sold	5869
after one a.m. A D-5h permit shall not be transferred to another	5870
location. No quota restrictions shall be placed on the number of	5871
D-5h permits that may be issued.	5872

(3) The fee for a D-5h permit is one thousand eight hundred	5873
seventy-five dollars.	5874

(I) Permit D-5i may be issued to the owner or operator of a	5875
retail food establishment or a food service operation licensed	5876
under Chapter 3717. of the Revised Code that operates as a	5877
restaurant for purposes of this chapter and that meets all of the	5878
following requirements:	5879

(1) It is located in a municipal corporation or a township	5880
with a population of one hundred thousand or less.	5881

(2) It has inside seating capacity for at least one hundred	5882
forty persons.	5883

(3) It has at least four thousand square feet of floor area.

5884

(4) It offers full-course meals, appetizers, and sandwiches.

5885

(5) Its receipts from beer and liquor sales, excluding wine	5886
sales, do not exceed twenty-five per cent of its total gross	5887
receipts.	5888

(6) It has at least one of the following characteristics:

5889

(a) The value of its real and personal property exceeds seven	5890
hundred twenty-five thousand dollars.	5891

(b) It is located on property that is owned or leased by the	5892
state or a state agency, and its owner or operator has	5893
authorization from the state or the state agency that owns or	5894
leases the property to obtain a D-5i permit.	5895

The holder of a D-5i permit may sell beer and any	5896
intoxicating liquor at retail, only by the individual drink in	5897
glass and from the container, for consumption on the premises	5898
where sold, and may sell the same products in the same manner and	5899
amounts not for consumption on the premises where sold as may be	5900
sold by the holders of D-1 and D-2 permits. The holder of a D-5i	5901
permit shall sell no beer or intoxicating liquor for consumption	5902
on the premises where sold after two-thirty a.m. In addition to	5903
the privileges authorized in this division, the holder of a D-5i	5904
permit may exercise the same privileges as the holder of a D-5	5905
permit.	5906

A D-5i permit shall not be transferred to another location.	5907
The division of liquor control shall not renew a D-5i permit	5908
unless the retail food establishment or food service operation for	5909
which it is issued continues to meet the requirements described in	5910
divisions (I)(1) to (6) of this section. No quota restrictions	5911
shall be placed on the number of D-5i permits that may be issued.	5912
The fee for the D-5i permit is two thousand three hundred	5913
forty-four dollars.	5914

(J)(1) Permit D-5j may be issued to the owner or the operator	5915
of a retail food establishment or a food service operation	5916
licensed under Chapter 3717. of the Revised Code to sell beer and	5917
intoxicating liquor at retail, only by the individual drink in	5918
glass and from the container, for consumption on the premises	5919
where sold and to sell beer and intoxicating liquor in the same	5920
manner and amounts not for consumption on the premises where sold	5921
as may be sold by the holders of D-1 and D-2 permits. The holder	5922
of a D-5j permit may exercise the same privileges, and shall	5923
observe the same hours of operation, as the holder of a D-5	5924
permit.	5925

(2) The D-5j permit shall be issued only within a community	5926
entertainment district that is designated under section 4301.80 of	5927
the Revised Code and that meets one of the following	5928
qualifications:	5929

(a) It is located in a municipal corporation with a	5930
population of at least one hundred thousand.	5931

(b) It is located in a municipal corporation with a	5932
population of at least twenty thousand, and either of the	5933
following applies:	5934

(i) It contains an amusement park the rides of which have	5935
been issued a permit by the department of agriculture under	5936
Chapter 1711. of the Revised Code.	5937

(ii) Not less than fifty million dollars will be invested in	5938
development and construction in the community entertainment	5939
district's area located in the municipal corporation.	5940

(c) It is located in a township with a population of at least	5941
forty thousand.	5942

(d) It is located in a municipal corporation with a	5943
population of at least ten thousand, and not less than seventy	5944
million dollars will be invested in development and construction	5945
in the community entertainment district's area located in the	5946
municipal corporation.	5947

(e) It is located in a municipal corporation with a	5948
population of at least five thousand, and not less than one	5949
hundred million dollars will be invested in development and	5950
construction in the community entertainment district's area	5951
located in the municipal corporation.	5952

(3) The location of a D-5j permit may be transferred only	5953
within the geographic boundaries of the community entertainment	5954
district in which it was issued and shall not be transferred	5955
outside the geographic boundaries of that district.	5956

(4) Not more than one D-5j permit shall be issued within each	5957
community entertainment district for each five acres of land	5958
located within the district. Not more than fifteen D-5j permits	5959
may be issued within a single community entertainment district.	5960
Except as otherwise provided in division (J)(4) of this section,	5961
no quota restrictions shall be placed upon the number of D-5j	5962
permits that may be issued.	5963

(5) The fee for a D-5j permit is two thousand three hundred	5964
forty-four dollars.	5965

(K)(1) Permit D-5k may be issued to any nonprofit	5966
organization that is exempt from federal income taxation under the	5967
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.	5968
501(c)(3), as amended, that is the owner or operator of a	5969
botanical garden recognized by the American association of	5970
botanical gardens and arboreta, and that has not less than	5971
twenty-five hundred bona fide members.	5972

(2) The holder of a D-5k permit may sell beer and any	5973
intoxicating liquor at retail, only by the individual drink in	5974
glass and from the container, on the premises where sold.	5975

(3) The holder of a D-5k permit shall sell no beer or	5976
intoxicating liquor for consumption on the premises where sold	5977
after one a.m.	5978

(4) A D-5k permit shall not be transferred to another	5979
location.	5980

(5) No quota restrictions shall be placed on the number of	5981
D-5k permits that may be issued.	5982

(6) The fee for the D-5k permit is one thousand eight hundred	5983
seventy-five dollars.	5984

(L)(1) Permit D-5l may be issued to the owner or the operator	5985
of a retail food establishment or a food service operation	5986
licensed under Chapter 3717. of the Revised Code to sell beer and	5987
intoxicating liquor at retail, only by the individual drink in	5988
glass and from the container, for consumption on the premises	5989
where sold and to sell beer and intoxicating liquor in the same	5990
manner and amounts not for consumption on the premises where sold	5991
as may be sold by the holders of D-1 and D-2 permits. The holder	5992
of a D-5l permit may exercise the same privileges, and shall	5993
observe the same hours of operation, as the holder of a D-5	5994
permit.	5995

(2) The D-5l permit shall be issued only to a premises that	5996
has gross annual receipts from the sale of food and meals that	5997
constitute not less than seventy-five per cent of its total gross	5998
annual receipts, that is located within a revitalization district	5999
that is designated under section 4301.81 of the Revised Code, that	6000
is located in a municipal corporation or township in which the	6001
number of D-5 permits issued equals or exceeds the number of those	6002
permits that may be issued in that municipal corporation or	6003
township under section 4303.29 of the Revised Code, and that is	6004
located in a county with a population of one hundred twenty-five	6005
thousand or less according to the population estimates certified	6006
by the department of development for calendar year 2006.	6007

(3) The location of a D-5l permit may be transferred only	6008
within the geographic boundaries of the revitalization district in	6009
which it was issued and shall not be transferred outside the	6010
geographic boundaries of that district.	6011

(4) Not more than one D-5l permit shall be issued within each	6012
revitalization district for each five acres of land located within	6013
the district. Not more than five D-5l permits may be issued within	6014
a single revitalization district. Except as otherwise provided in	6015
division (L)(4) of this section, no quota restrictions shall be	6016
placed upon the number of D-5l permits that may be issued.	6017

(5) The fee for a D-5l permit is two thousand three hundred	6018
forty-four dollars.	6019

(M) Permit D-5m may be issued to either the owner or the	6020
operator of a retail food establishment or food service operation	6021
licensed under Chapter 3717. of the Revised Code that operates as	6022
a restaurant for purposes of this chapter and that is located in,	6023
or affiliated with, a center for the preservation of wild animals	6024
as defined in section 4301.404 of the Revised Code, to sell beer	6025
and any intoxicating liquor at retail, only by the glass and from	6026
the container, for consumption on the premises where sold, and to	6027
sell the same products in the same manner and amounts not for	6028
consumption on the premises as may be sold by the holders of D-1	6029
and D-2 permits. In addition to the privileges authorized by this	6030
division, the holder of a D-5m permit may exercise the same	6031
privileges as the holder of a D-5 permit.	6032

A D-5m permit shall not be transferred to another location.	6033
No quota restrictions shall be placed on the number of D-5m	6034
permits that may be issued. The fee for a permit D-5m is two	6035
thousand three hundred forty-four dollars.	6036

(N) Permit D-5n shall be issued to either a casino operator	6037
or a casino management company licensed under Chapter 3772. of the	6038
Revised Code that operates a casino facility under that chapter,	6039
to sell beer and any intoxicating liquor at retail, only by the	6040
individual drink in glass and from the container, for consumption	6041
on the premises where sold, and to sell the same products in the	6042
same manner and amounts not for consumption on the premises as may	6043
be sold by the holders of D-1 and D-2 permits. In addition to the	6044
privileges authorized by this division, the holder of a D-5n	6045
permit may exercise the same privileges as the holder of a D-5	6046
permit. A D-5n permit shall not be transferred to another	6047
location. Only one D-5n permit may be issued per casino facility	6048
and not more than four D-5n permits shall be issued in this state.	6049
The fee for a permit D-5n shall be twenty thousand dollars. The	6050
holder of a D-5n permit may conduct casino gaming on the permit	6051
premises notwithstanding any provision of the Revised Code or	6052
Administrative Code.	6053

(O) Permit D-5o may be issued to the owner or operator of a	6054
retail food establishment or a food service operation licensed	6055
under Chapter 3717. of the Revised Code that operates as a	6056
restaurant for purposes of this chapter and that is located within	6057
a casino facility for which a D-5n permit has been issued. The	6058
holder of a D-5o permit may sell beer and any intoxicating liquor	6059
at retail, only by the individual drink in glass and from the	6060
container, for consumption on the premises where sold, and may	6061
sell the same products in the same manner and amounts not for	6062
consumption on the premises where sold as may be sold by the	6063
holders of D-1 and D-2 permits. In addition to the privileges	6064
authorized by this division, the holder of a D-5o permit may	6065
exercise the same privileges as the holder of a D-5 permit. A D-5o	6066
permit shall not be transferred to another location. No quota	6067
restrictions shall be placed on the number of such permits that	6068
may be issued. The fee for this permit is two thousand three	6069
hundred forty-four dollars.	6070

Sec. 4303.182. (A) Except as otherwise provided in divisions	6071
(B) to (J) of this section, permit D-6 shall be issued to the	6072
holder of an A-1-A, A-2, A-3a, C-2, D-2, D-3, D-3a, D-4, D-4a,	6073
D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j,	6074
D-5k, D-5l, D-5m, D-5n, D-5o, or D-7 permit to allow sale under	6075
that permit as follows:	6076

(1) Between the hours of ten a.m. and midnight on Sunday if	6077
sale during those hours has been approved under question (C)(1),	6078
(2), or (3) of section 4301.351 or 4301.354 of the Revised Code,	6079
under question (B)(2) of section 4301.355 of the Revised Code, or	6080
under section 4301.356 of the Revised Code and has been authorized	6081
under section 4301.361, 4301.364, 4301.365, or 4301.366 of the	6082
Revised Code, under the restrictions of that authorization;	6083

(2) Between the hours of eleven a.m. and midnight on Sunday,	6084
if sale during those hours has been approved on or after the	6085
effective date of this amendment under question (B)(1), (2), or	6086
(3) of section 4301.351 or 4301.354 of the Revised Code, under	6087
question (B)(2) of section 4301.355 of the Revised Code, or under	6088
section 4301.356 of the Revised Code and has been authorized under	6089
section 4301.361, 4301.364, 4301.365, or 4301.366 of the Revised	6090
Code, under the restrictions of that authorization;	6091

(3) Between the hours of eleven a.m. and midnight on Sunday	6092
if sale between the hours of one p.m. and midnight was approved	6093
before the effective date of this amendment under question (B)(1),	6094
(2), or (3) of section 4301.351 or 4301.354 of the Revised Code,	6095
under question (B)(2) of section 4301.355 of the Revised Code, or	6096
under section 4301.356 of the Revised Code and has been authorized	6097
under section 4301.361, 4301.364, 4301.365, or 4301.366 of the	6098
Revised Code, under the other restrictions of that authorization.	6099

(B) Permit D-6 shall be issued to the holder of any permit,	6100
including a D-4a and D-5d permit, authorizing the sale of	6101
intoxicating liquor issued for a premises located at any publicly	6102
owned airport, as defined in section 4563.01 of the Revised Code,	6103
at which commercial airline companies operate regularly scheduled	6104
flights on which space is available to the public, to allow sale	6105
under such permit between the hours of ten a.m. and midnight on	6106
Sunday, whether or not that sale has been authorized under section	6107
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	6108

(C) Permit D-6 shall be issued to the holder of a D-5a	6109
permit, and to the holder of a D-3 or D-3a permit who is the owner	6110
or operator of a hotel or motel that is required to be licensed	6111
under section 3731.03 of the Revised Code, that contains at least	6112
fifty rooms for registered transient guests, and that has on its	6113
premises a retail food establishment or a food service operation	6114
licensed pursuant to Chapter 3717. of the Revised Code that	6115
operates as a restaurant for purposes of this chapter and is	6116
affiliated with the hotel or motel and within or contiguous to the	6117
hotel or motel and serving food within the hotel or motel, to	6118
allow sale under such permit between the hours of ten a.m. and	6119
midnight on Sunday, whether or not that sale has been authorized	6120
under section 4301.361, 4301.364, 4301.365, or 4301.366 of the	6121
Revised Code.	6122

(D) The holder of a D-6 permit that is issued to a sports	6123
facility may make sales under the permit between the hours of	6124
eleven a.m. and midnight on any Sunday on which a professional	6125
baseball, basketball, football, hockey, or soccer game is being	6126
played at the sports facility. As used in this division, "sports	6127
facility" means a stadium or arena that has a seating capacity of	6128
at least four thousand and that is owned or leased by a	6129
professional baseball, basketball, football, hockey, or soccer	6130
franchise or any combination of those franchises.	6131

(E) Permit D-6 shall be issued to the holder of any permit	6132
that authorizes the sale of beer or intoxicating liquor and that	6133
is issued to a premises located in or at the Ohio historical	6134
society area or the state fairgrounds, as defined in division (B)	6135
of section 4301.40 of the Revised Code, to allow sale under that	6136
permit between the hours of ten a.m. and midnight on Sunday,	6137
whether or not that sale has been authorized under section	6138
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	6139

(F) Permit D-6 shall be issued to the holder of any permit	6140
that authorizes the sale of intoxicating liquor and that is issued	6141
to an outdoor performing arts center to allow sale under that	6142
permit between the hours of one p.m. and midnight on Sunday,	6143
whether or not that sale has been authorized under section	6144
4301.361 of the Revised Code. A D-6 permit issued under this	6145
division is subject to the results of an election, held after the	6146
D-6 permit is issued, on question (B)(4) as set forth in section	6147
4301.351 of the Revised Code. Following the end of the period	6148
during which an election may be held on question (B)(4) as set	6149
forth in that section, sales of intoxicating liquor may continue	6150
at an outdoor performing arts center under a D-6 permit issued	6151
under this division, unless an election on that question is held	6152
during the permitted period and a majority of the voters voting in	6153
the precinct on that question vote "no."	6154

As used in this division, "outdoor performing arts center"	6155
means an outdoor performing arts center that is located on not	6156
less than eight hundred acres of land and that is open for	6157
performances from the first day of April to the last day of	6158
October of each year.	6159

(G) Permit D-6 shall be issued to the holder of any permit	6160
that authorizes the sale of beer or intoxicating liquor and that	6161
is issued to a golf course owned by the state, a conservancy	6162
district, a park district created under Chapter 1545. of the	6163
Revised Code, or another political subdivision to allow sale under	6164
that permit between the hours of ten a.m. and midnight on Sunday,	6165
whether or not that sale has been authorized under section	6166
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	6167

(H) Permit D-6 shall be issued to the holder of a D-5g permit	6168
to allow sale under that permit between the hours of ten a.m. and	6169
midnight on Sunday, whether or not that sale has been authorized	6170
under section 4301.361, 4301.364, 4301.365, or 4301.366 of the	6171
Revised Code.	6172

(I) Permit D-6 shall be issued to the holder of any D permit	6173
for a premises that is licensed under Chapter 3717. of the Revised	6174
Code and that is located at a ski area to allow sale under the D-6	6175
permit between the hours of ten a.m. and midnight on Sunday,	6176
whether or not that sale has been authorized under section	6177
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	6178

As used in this division, "ski area" means a ski area as	6179
defined in section 4169.01 of the Revised Code, provided that the	6180
passenger tramway operator at that area is registered under	6181
section 4169.03 of the Revised Code.	6182

(J) Permit D-6 shall be issued to the holder of any permit	6183
that is described in division (A) of this section for a permit	6184
premises that is located in a community entertainment district, as	6185
defined in section 4301.80 of the Revised Code, that was approved	6186
by the legislative authority of a municipal corporation under that	6187
section between October 1 and October 15, 2005, to allow sale	6188
under the permit between the hours of ten a.m. and midnight on	6189
Sunday, whether or not that sale has been authorized under section	6190
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	6191

(K) If the restriction to licensed premises where the sale of	6192
food and other goods and services exceeds fifty per cent of the	6193
total gross receipts of the permit holder at the premises is	6194
applicable, the division of liquor control may accept an affidavit	6195
from the permit holder to show the proportion of the permit	6196
holder's gross receipts derived from the sale of food and other	6197
goods and services. If the liquor control commission determines	6198
that affidavit to have been false, it shall revoke the permits of	6199
the permit holder at the premises concerned.	6200

(L) The fee for the D-6 permit is five hundred dollars when	6201
it is issued to the holder of an A-1-A, A-2, A-3a, D-2, D-3, D-3a,	6202
D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h,	6203
D-5i, D-5j, D-5k, D-5l, D-5m, D-5n, D-5o, or D-7 permit. The fee	6204
for the D-6 permit is four hundred dollars when it is issued to	6205
the holder of a C-2 permit.	6206

Sec. 4303.30. The rights granted by any D-2, D-3, D-3a, D-4,	6207
D-4a, D-5, D-5a, D-5b, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k,	6208
D-5l, D-5m, D-5n, D-5o, or D-6 permit shall be exercised at not	6209
more than two fixed counters, commonly known as bars, in rooms or	6210
places on the permit premises, where beer, mixed beverages, wine,	6211
or spirituous liquor is sold to the public for consumption on the	6212
premises. For each additional fixed counter on the permit premises	6213
where those beverages are sold for consumption on the premises,	6214
the permit holder shall obtain a duplicate D-2, D-3, D-3a, D-4,	6215
D-4a, D-5, D-5a, D-5b, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k,	6216
D-5l, D-5m, D-5n, D-5o, or D-6 permit.	6217

The holder of any D-2, D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b,	6218
D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k, D-5l, D-5m, D-5n, D-5o,	6219
or D-6 permit shall be granted, upon application to the division	6220
of liquor control, a duplicate D-2, D-3, D-3a, D-4, D-4a, D-5,	6221
D-5a, D-5b, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k, D-5l, D-5m,	6222
D-5n, D-5o, or D-6 permit for each additional fixed counter on the	6223
permit premises at which beer, mixed beverages, wine, or	6224
spirituous liquor is sold for consumption on the premises,	6225
provided the application is made in the same manner as an	6226
application for an original permit. The application shall be	6227
identified with DUPLICATE printed on the permit application form	6228
furnished by the department, in boldface type. The application	6229
shall identify by name, or otherwise amply describe, the room or	6230
place on the premises where the duplicate permit is to be	6231
operative. Each duplicate permit shall be issued only to the same	6232
individual, firm, or corporation as that of the original permit	6233
and shall be an exact duplicate in size and word content as the	6234
original permit, except that it shall show on it the name or other	6235
ample identification of the room, or place, for which it is issued	6236
and shall have DUPLICATE printed on it in boldface type. A	6237
duplicate permit shall bear the same number as the original	6238
permit. The fee for a duplicate permit is: D-1, one hundred	6239
dollars; D-2, one hundred dollars; D-3, four hundred dollars;	6240
D-3a, four hundred dollars; D-4, two hundred dollars; D-5, one	6241
thousand dollars; D-5a, one thousand dollars; D-5b, one thousand	6242
dollars; D-5c, four hundred dollars; D-5e, six hundred fifty	6243
dollars; D-5f, one thousand dollars; D-5o, one thousand dollars;	6244
D-6, one hundred dollars when issued to the holder of a D-4a	6245
permit; and in all other cases one hundred dollars or an amount	6246
which is twenty per cent of the fees payable for the A-1-A, D-2,	6247
D-3, D-3a, D-4, D-5, D-5a, D-5b, D-5e, D-5f, D-5g, D-5h, D-5i,	6248
D-5j, D-5k, D-5l, D-5m, D-5n, D-5o, and D-6 permits issued to the	6249
same premises, whichever is higher. Application for a duplicate	6250
permit may be filed any time during the life of an original	6251
permit. The fee for each duplicate D-2, D-3, D-3a, D-4, D-4a, D-5,	6252
D-5a, D-5b, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k, D-5l, D-5m,	6253
D-5n, D-5o, or D-6 permit shall be paid in accordance with section	6254
4303.24 of the Revised Code.	6255

Sec. 5502.03. (A) There is hereby created in the department	6256
of public safety a division of homeland security.	6257

(B) The division shall do all of the following:

6258

(1) Coordinate all homeland security activities of all state	6259
agencies and be the liaison between state agencies and local	6260
entities for the purposes of communicating homeland security	6261
funding and policy initiatives;	6262

(2) Collect, analyze, maintain, and disseminate information	6263
to support local, state, and federal law enforcement agencies,	6264
other government agencies, and private organizations in detecting,	6265
deterring, preventing, preparing for, responding to, and	6266
recovering from threatened or actual terrorist events. This	6267
information is not a public record pursuant to section 149.43 of	6268
the Revised Code.	6269

(3) Coordinate efforts of state and local governments and	6270
private organizations to enhance the security and protection of	6271
critical infrastructure, including casino facilities, and key	6272
assets in this state;	6273

(4) Develop and coordinate policies, protocols, and	6274
strategies that may be used to prevent, detect, prepare for,	6275
respond to, and recover from terrorist acts or threats;	6276

(5) Develop, update, and coordinate the implementation of an	6277
Ohio homeland security strategic plan that will guide state and	6278
local governments in the achievement of homeland security in this	6279
state.	6280

(C) The director of public safety shall appoint an executive	6281
director, who shall be head of the division of homeland security	6282
and who regularly shall advise the governor and the director on	6283
matters pertaining to homeland security. The executive director	6284
shall serve at the pleasure of the director of public safety. To	6285
carry out the duties assigned under this section, the executive	6286
director, subject to the direction and control of the director of	6287
public safety, may appoint and maintain necessary staff and may	6288
enter into any necessary agreements.	6289

(D) Except as otherwise provided by law, nothing in this	6290
section shall be construed to give the director of public safety	6291
or the executive director of the division of homeland security	6292
authority over the incident management structure or	6293
responsibilities of local emergency response personnel.	6294

(E) There is hereby created in the state treasury the	6295
homeland security fund. The fund shall consist of sixty cents of	6296
each fee collected under sections 4501.34, 4503.26, 4506.08, and	6297
4509.05 of the Revised Code as specified in those sections, plus	6298
on and after October 1, 2009, sixty cents of each fee collected	6299
under sections 4505.14 and 4519.63 of the Revised Code as	6300
specified in those sections. The fund shall be used to pay the	6301
expenses of administering the law relative to the powers and	6302
duties of the executive director of the division of homeland	6303
security, except that the director of budget and management may	6304
transfer excess money from the homeland security fund to the state	6305
highway safety fund if the director of public safety determines	6306
that the amount of money in the homeland security fund exceeds the	6307
amount required to cover such costs incurred by the division of	6308
homeland security and requests the director of budget and	6309
management to make the transfer.	6310

Sec. 5703.052. (A) There is hereby created in the state	6311
treasury the tax refund fund, from which refunds shall be paid for	6312
taxes illegally or erroneously assessed or collected, or for any	6313
other reason overpaid, that are levied by Chapter 4301., 4305.,	6314
5728., 5729., 5733., 5735., 5739., 5741., 5743., 5747., 5748.,	6315
5749., or 5751., or 5753. and sections 3737.71, 3905.35, 3905.36,	6316
4303.33, 5707.03, 5725.18, 5727.28, 5727.38, 5727.81, and 5727.811	6317
of the Revised Code. Refunds for fees illegally or erroneously	6318
assessed or collected, or for any other reason overpaid, that are	6319
levied by sections 3734.90 to 3734.9014 of the Revised Code also	6320
shall be paid from the fund. Refunds for amounts illegally or	6321
erroneously assessed or collected by the tax commissioner, or for	6322
any other reason overpaid, that are due under section 1509.50 of	6323
the Revised Code shall be paid from the fund. However, refunds for	6324
taxes levied under section 5739.101 of the Revised Code shall not	6325
be paid from the tax refund fund, but shall be paid as provided in	6326
section 5739.104 of the Revised Code.	6327

(B)(1) Upon certification by the tax commissioner to the	6328
treasurer of state of a tax refund, a fee refund, or an other	6329
amount refunded, or by the superintendent of insurance of a	6330
domestic or foreign insurance tax refund, the treasurer of state	6331
shall place the amount certified to the credit of the fund. The	6332
certified amount transferred shall be derived from current	6333
receipts of the same tax, fee, or other amount from which the	6334
refund arose. If current receipts from the tax, fee, or other	6335
amount from which the refund arose are inadequate to make the	6336
transfer of the amount so certified, the treasurer of state shall	6337
transfer such certified amount from current receipts of the sales	6338
tax levied by section 5739.02 of the Revised Code.	6339

(2) When the treasurer of state provides for the payment of a	6340
refund of a tax, fee, or other amount from the current receipts of	6341
the sales tax, and the refund is for a tax, fee, or other amount	6342
that is not levied by the state, the tax commissioner shall	6343
recover the amount of that refund from the next distribution of	6344
that tax, fee, or other amount that otherwise would be made to the	6345
taxing jurisdiction. If the amount to be recovered would exceed	6346
twenty-five per cent of the next distribution of that tax, fee, or	6347
other amount, the commissioner may spread the recovery over more	6348
than one future distribution, taking into account the amount to be	6349
recovered and the amount of the anticipated future distributions.	6350
In no event may the commissioner spread the recovery over a period	6351
to exceed twenty-four months.	6352

Sec. 5703.19. (A) To carry out the purposes of the laws that	6353
the tax commissioner is required to administer, the commissioner	6354
or any person employed by the commissioner for that purpose, upon	6355
demand, may inspect books, accounts, records, and memoranda of any	6356
person or public utility subject to those laws, and may examine	6357
under oath any officer, agent, or employee of that person or	6358
public utility. Any person other than the commissioner who makes a	6359
demand pursuant to this section shall produce the person's	6360
authority to make the inspection.	6361

(B) If a person or public utility receives at least ten days'	6362
written notice of a demand made under division (A) of this section	6363
and refuses to comply with that demand, a penalty of five hundred	6364
dollars shall be imposed upon the person or public utility for	6365
each day the person or public utility refuses to comply with the	6366
demand. Penalties imposed under this division may be assessed and	6367
collected in the same manner as assessments made under Chapter	6368
3769., 4305., 5727., 5728., 5733., 5735., 5739., 5743., 5745.,	6369
5747., 5749., or 5751., or 5753., or sections 3734.90 to	6370
3734.9014, of the Revised Code.	6371

Sec. 5703.21. (A) Except as provided in divisions (B) and	6372
(C) of this section, no agent of the department of taxation,	6373
except in the agent's report to the department or when called on	6374
to testify in any court or proceeding, shall divulge any	6375
information acquired by the agent as to the transactions,	6376
property, or business of any person while acting or claiming to	6377
act under orders of the department. Whoever violates this	6378
provision shall thereafter be disqualified from acting as an	6379
officer or employee or in any other capacity under appointment or	6380
employment of the department.	6381

(B)(1) For purposes of an audit pursuant to section 117.15 of	6382
the Revised Code, or an audit of the department pursuant to	6383
Chapter 117. of the Revised Code, or an audit, pursuant to that	6384
chapter, the objective of which is to express an opinion on a	6385
financial report or statement prepared or issued pursuant to	6386
division (A)(7) or (9) of section 126.21 of the Revised Code, the	6387
officers and employees of the auditor of state charged with	6388
conducting the audit shall have access to and the right to examine	6389
any state tax returns and state tax return information in the	6390
possession of the department to the extent that the access and	6391
examination are necessary for purposes of the audit. Any	6392
information acquired as the result of that access and examination	6393
shall not be divulged for any purpose other than as required for	6394
the audit or unless the officers and employees are required to	6395
testify in a court or proceeding under compulsion of legal	6396
process. Whoever violates this provision shall thereafter be	6397
disqualified from acting as an officer or employee or in any other	6398
capacity under appointment or employment of the auditor of state.	6399

(2) For purposes of an internal audit pursuant to section	6400
126.45 of the Revised Code, the officers and employees of the	6401
office of internal auditing in the office of budget and management	6402
charged with conducting the internal audit shall have access to	6403
and the right to examine any state tax returns and state tax	6404
return information in the possession of the department to the	6405
extent that the access and examination are necessary for purposes	6406
of the internal audit. Any information acquired as the result of	6407
that access and examination shall not be divulged for any purpose	6408
other than as required for the internal audit or unless the	6409
officers and employees are required to testify in a court or	6410
proceeding under compulsion of legal process. Whoever violates	6411
this provision shall thereafter be disqualified from acting as an	6412
officer or employee or in any other capacity under appointment or	6413
employment of the office of internal auditing.	6414

(3) As provided by section 6103(d)(2) of the Internal Revenue	6415
Code, any federal tax returns or federal tax information that the	6416
department has acquired from the internal revenue service, through	6417
federal and state statutory authority, may be disclosed to the	6418
auditor of state or the office of internal auditing solely for	6419
purposes of an audit of the department.	6420

(4) For purposes of Chapter 3739. of the Revised Code, an	6421
agent of the department of taxation may share information with the	6422
division of state fire marshal that the agent finds during the	6423
course of an investigation.	6424

(C) Division (A) of this section does not prohibit any of the	6425
following:	6426

(1) Divulging information contained in applications,	6427
complaints, and related documents filed with the department under	6428
section 5715.27 of the Revised Code or in applications filed with	6429
the department under section 5715.39 of the Revised Code;	6430

(2) Providing information to the office of child support	6431
within the department of job and family services pursuant to	6432
section 3125.43 of the Revised Code;	6433

(3) Disclosing to the board of motor vehicle collision repair	6434
registration any information in the possession of the department	6435
that is necessary for the board to verify the existence of an	6436
applicant's valid vendor's license and current state tax	6437
identification number under section 4775.07 of the Revised Code;	6438

(4) Providing information to the administrator of workers'	6439
compensation pursuant to sections 4123.271 and 4123.591 of the	6440
Revised Code;	6441

(5) Providing to the attorney general information the	6442
department obtains under division (J) of section 1346.01 of the	6443
Revised Code;	6444

(6) Permitting properly authorized officers, employees, or	6445
agents of a municipal corporation from inspecting reports or	6446
information pursuant to rules adopted under section 5745.16 of the	6447
Revised Code;	6448

(7) Providing information regarding the name, account number,	6449
or business address of a holder of a vendor's license issued	6450
pursuant to section 5739.17 of the Revised Code, a holder of a	6451
direct payment permit issued pursuant to section 5739.031 of the	6452
Revised Code, or a seller having a use tax account maintained	6453
pursuant to section 5741.17 of the Revised Code, or information	6454
regarding the active or inactive status of a vendor's license,	6455
direct payment permit, or seller's use tax account;	6456

(8) Releasing invoices or invoice information furnished under	6457
section 4301.433 of the Revised Code pursuant to that section;	6458

(9) Providing to a county auditor notices or documents	6459
concerning or affecting the taxable value of property in the	6460
county auditor's county. Unless authorized by law to disclose	6461
documents so provided, the county auditor shall not disclose such	6462
documents;	6463

(10) Providing to a county auditor sales or use tax return or	6464
audit information under section 333.06 of the Revised Code;	6465

(11) Subject to section 4301.441 of the Revised Code,	6466
disclosing to the appropriate state agency information in the	6467
possession of the department of taxation that is necessary to	6468
verify a permit holder's gallonage or noncompliance with taxes	6469
levied under Chapter 4301. or 4305. of the Revised Code;	6470

(12) Disclosing to the department of natural resources	6471
information in the possession of the department that is necessary	6472
to verify the taxpayer's compliance with division (A)(1), (8), or	6473
(9) of section 5749.02 of the Revised Code and information	6474
received pursuant to section 1509.50 of the Revised Code	6475
concerning the amount due under that section;	6476

(13) Disclosing to the department of job and family services,	6477
industrial commission, and bureau of workers' compensation	6478
information in the possession of the department of taxation solely	6479
for the purpose of identifying employers that misclassify	6480
employees as independent contractors or that fail to properly	6481
report and pay employer tax liabilities. The department of	6482
taxation shall disclose only such information that is necessary to	6483
verify employer compliance with law administered by those	6484
agencies.	6485

(14) Disclosing to the Ohio casino control commission	6486
information in the possession of the department of taxation that	6487
is necessary to verify a taxpayer's compliance with section	6488
5753.02 of the Revised Code and sections related thereto.	6489

Sec. 5703.70. (A) On the filing of an application for refund	6490
under section 3734.905, 4307.05, 4307.07, 5727.28, 5727.91,	6491
5728.061, 5733.12, 5735.122, 5735.13, 5735.14, 5735.141, 5735.142,	6492
5735.18, 5739.07, 5739.071, 5739.104, 5741.10, 5743.05, 5743.53,	6493
5749.08, or 5751.08, or 5753.06 of the Revised Code, or an	6494
application for compensation under section 5739.061 of the Revised	6495
Code, if the tax commissioner determines that the amount of the	6496
refund or compensation to which the applicant is entitled is less	6497
than the amount claimed in the application, the commissioner shall	6498
give the applicant written notice by ordinary mail of the amount.	6499
The notice shall be sent to the address shown on the application	6500
unless the applicant notifies the commissioner of a different	6501
address. The applicant shall have sixty days from the date the	6502
commissioner mails the notice to provide additional information to	6503
the commissioner or request a hearing, or both.	6504

(B) If the applicant neither requests a hearing nor provides	6505
additional information to the tax commissioner within the time	6506
prescribed by division (A) of this section, the commissioner shall	6507
take no further action, and the refund or compensation amount	6508
denied becomes final.	6509

(C)(1) If the applicant requests a hearing within the time	6510
prescribed by division (A) of this section, the tax commissioner	6511
shall assign a time and place for the hearing and notify the	6512
applicant of such time and place, but the commissioner may	6513
continue the hearing from time to time as necessary. After the	6514
hearing, the commissioner may make such adjustments to the refund	6515
or compensation as the commissioner finds proper, and shall issue	6516
a final determination thereon.	6517

(2) If the applicant does not request a hearing, but provides	6518
additional information, within the time prescribed by division (A)	6519
of this section, the commissioner shall review the information,	6520
make such adjustments to the refund or compensation as the	6521
commissioner finds proper, and issue a final determination	6522
thereon.	6523

(3) The commissioner shall serve a copy of the final	6524
determination made under division (C)(1) or (2) of this section on	6525
the applicant in the manner provided in section 5703.37 of the	6526
Revised Code, and the decision is final, subject to appeal under	6527
section 5717.02 of the Revised Code.	6528

(D) The tax commissioner shall certify to the director of	6529
budget and management and treasurer of state for payment from the	6530
tax refund fund created by section 5703.052 of the Revised Code,	6531
the amount of the refund to be refunded under division (B) or (C)	6532
of this section. The commissioner also shall certify to the	6533
director and treasurer of state for payment from the general	6534
revenue fund the amount of compensation to be paid under division	6535
(B) or (C) of this section.	6536

Sec. 5747.01. Except as otherwise expressly provided or	6537
clearly appearing from the context, any term used in this chapter	6538
that is not otherwise defined in this section has the same meaning	6539
as when used in a comparable context in the laws of the United	6540
States relating to federal income taxes or if not used in a	6541
comparable context in those laws, has the same meaning as in	6542
section 5733.40 of the Revised Code. Any reference in this chapter	6543
to the Internal Revenue Code includes other laws of the United	6544
States relating to federal income taxes.	6545

As used in this chapter:

6546

(A) "Adjusted gross income" or "Ohio adjusted gross income"	6547
means federal adjusted gross income, as defined and used in the	6548
Internal Revenue Code, adjusted as provided in this section:	6549

(1) Add interest or dividends on obligations or securities of	6550
any state or of any political subdivision or authority of any	6551
state, other than this state and its subdivisions and authorities.	6552

(2) Add interest or dividends on obligations of any	6553
authority, commission, instrumentality, territory, or possession	6554
of the United States to the extent that the interest or dividends	6555
are exempt from federal income taxes but not from state income	6556
taxes.	6557

(3) Deduct interest or dividends on obligations of the United	6558
States and its territories and possessions or of any authority,	6559
commission, or instrumentality of the United States to the extent	6560
that the interest or dividends are included in federal adjusted	6561
gross income but exempt from state income taxes under the laws of	6562
the United States.	6563

(4) Deduct disability and survivor's benefits to the extent	6564
included in federal adjusted gross income.	6565

(5) Deduct benefits under Title II of the Social Security Act	6566
and tier 1 railroad retirement benefits to the extent included in	6567
federal adjusted gross income under section 86 of the Internal	6568
Revenue Code.	6569

(6) In the case of a taxpayer who is a beneficiary of a trust	6570
that makes an accumulation distribution as defined in section 665	6571
of the Internal Revenue Code, add, for the beneficiary's taxable	6572
years beginning before 2002, the portion, if any, of such	6573
distribution that does not exceed the undistributed net income of	6574
the trust for the three taxable years preceding the taxable year	6575
in which the distribution is made to the extent that the portion	6576
was not included in the trust's taxable income for any of the	6577
trust's taxable years beginning in 2002 or thereafter.	6578
"Undistributed net income of a trust" means the taxable income of	6579
the trust increased by (a)(i) the additions to adjusted gross	6580
income required under division (A) of this section and (ii) the	6581
personal exemptions allowed to the trust pursuant to section	6582
642(b) of the Internal Revenue Code, and decreased by (b)(i) the	6583
deductions to adjusted gross income required under division (A) of	6584
this section, (ii) the amount of federal income taxes attributable	6585
to such income, and (iii) the amount of taxable income that has	6586
been included in the adjusted gross income of a beneficiary by	6587
reason of a prior accumulation distribution. Any undistributed net	6588
income included in the adjusted gross income of a beneficiary	6589
shall reduce the undistributed net income of the trust commencing	6590
with the earliest years of the accumulation period.	6591

(7) Deduct the amount of wages and salaries, if any, not	6592
otherwise allowable as a deduction but that would have been	6593
allowable as a deduction in computing federal adjusted gross	6594
income for the taxable year, had the targeted jobs credit allowed	6595
and determined under sections 38, 51, and 52 of the Internal	6596
Revenue Code not been in effect.	6597

(8) Deduct any interest or interest equivalent on public	6598
obligations and purchase obligations to the extent that the	6599
interest or interest equivalent is included in federal adjusted	6600
gross income.	6601

(9) Add any loss or deduct any gain resulting from the sale,	6602
exchange, or other disposition of public obligations to the extent	6603
that the loss has been deducted or the gain has been included in	6604
computing federal adjusted gross income.	6605

(10) Deduct or add amounts, as provided under section 5747.70	6606
of the Revised Code, related to contributions to variable college	6607
savings program accounts made or tuition units purchased pursuant	6608
to Chapter 3334. of the Revised Code.	6609

(11)(a) Deduct, to the extent not otherwise allowable as a	6610
deduction or exclusion in computing federal or Ohio adjusted gross	6611
income for the taxable year, the amount the taxpayer paid during	6612
the taxable year for medical care insurance and qualified	6613
long-term care insurance for the taxpayer, the taxpayer's spouse,	6614
and dependents. No deduction for medical care insurance under	6615
division (A)(11) of this section shall be allowed either to any	6616
taxpayer who is eligible to participate in any subsidized health	6617
plan maintained by any employer of the taxpayer or of the	6618
taxpayer's spouse, or to any taxpayer who is entitled to, or on	6619
application would be entitled to, benefits under part A of Title	6620
XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.	6621
301, as amended. For the purposes of division (A)(11)(a) of this	6622
section, "subsidized health plan" means a health plan for which	6623
the employer pays any portion of the plan's cost. The deduction	6624
allowed under division (A)(11)(a) of this section shall be the net	6625
of any related premium refunds, related premium reimbursements, or	6626
related insurance premium dividends received during the taxable	6627
year.	6628

(b) Deduct, to the extent not otherwise deducted or excluded	6629
in computing federal or Ohio adjusted gross income during the	6630
taxable year, the amount the taxpayer paid during the taxable	6631
year, not compensated for by any insurance or otherwise, for	6632
medical care of the taxpayer, the taxpayer's spouse, and	6633
dependents, to the extent the expenses exceed seven and one-half	6634
per cent of the taxpayer's federal adjusted gross income.	6635

(c) Deduct, to the extent not otherwise deducted or excluded	6636
in computing federal or Ohio adjusted gross income, any amount	6637
included in federal adjusted gross income under section 105 or not	6638
excluded under section 106 of the Internal Revenue Code solely	6639
because it relates to an accident and health plan for a person who	6640
otherwise would be a "qualifying relative" and thus a "dependent"	6641
under section 152 of the Internal Revenue Code but for the fact	6642
that the person fails to meet the income and support limitations	6643
under section 152(d)(1)(B) and (C) of the Internal Revenue Code.	6644

(d) For purposes of division (A)(11) of this section,	6645
"medical care" has the meaning given in section 213 of the	6646
Internal Revenue Code, subject to the special rules, limitations,	6647
and exclusions set forth therein, and "qualified long-term care"	6648
has the same meaning given in section 7702B(c) of the Internal	6649
Revenue Code. Solely for purposes of divisions (A)(11)(a) and (c)	6650
of this section, "dependent" includes a person who otherwise would	6651
be a "qualifying relative" and thus a "dependent" under section	6652
152 of the Internal Revenue Code but for the fact that the person	6653
fails to meet the income and support limitations under section	6654
152(d)(1)(B) and (C) of the Internal Revenue Code.	6655

(12)(a) Deduct any amount included in federal adjusted gross	6656
income solely because the amount represents a reimbursement or	6657
refund of expenses that in any year the taxpayer had deducted as	6658
an itemized deduction pursuant to section 63 of the Internal	6659
Revenue Code and applicable United States department of the	6660
treasury regulations. The deduction otherwise allowed under	6661
division (A)(12)(a) of this section shall be reduced to the extent	6662
the reimbursement is attributable to an amount the taxpayer	6663
deducted under this section in any taxable year.	6664

(b) Add any amount not otherwise included in Ohio adjusted	6665
gross income for any taxable year to the extent that the amount is	6666
attributable to the recovery during the taxable year of any amount	6667
deducted or excluded in computing federal or Ohio adjusted gross	6668
income in any taxable year.	6669

(13) Deduct any portion of the deduction described in section	6670
1341(a)(2) of the Internal Revenue Code, for repaying previously	6671
reported income received under a claim of right, that meets both	6672
of the following requirements:	6673

(a) It is allowable for repayment of an item that was	6674
included in the taxpayer's adjusted gross income for a prior	6675
taxable year and did not qualify for a credit under division (A)	6676
or (B) of section 5747.05 of the Revised Code for that year;	6677

(b) It does not otherwise reduce the taxpayer's adjusted	6678
gross income for the current or any other taxable year.	6679

(14) Deduct an amount equal to the deposits made to, and net	6680
investment earnings of, a medical savings account during the	6681
taxable year, in accordance with section 3924.66 of the Revised	6682
Code. The deduction allowed by division (A)(14) of this section	6683
does not apply to medical savings account deposits and earnings	6684
otherwise deducted or excluded for the current or any other	6685
taxable year from the taxpayer's federal adjusted gross income.	6686

(15)(a) Add an amount equal to the funds withdrawn from a	6687
medical savings account during the taxable year, and the net	6688
investment earnings on those funds, when the funds withdrawn were	6689
used for any purpose other than to reimburse an account holder	6690
for, or to pay, eligible medical expenses, in accordance with	6691
section 3924.66 of the Revised Code;	6692

(b) Add the amounts distributed from a medical savings	6693
account under division (A)(2) of section 3924.68 of the Revised	6694
Code during the taxable year.	6695

(16) Add any amount claimed as a credit under section	6696
5747.059 of the Revised Code to the extent that such amount	6697
satisfies either of the following:	6698

(a) The amount was deducted or excluded from the computation	6699
of the taxpayer's federal adjusted gross income as required to be	6700
reported for the taxpayer's taxable year under the Internal	6701
Revenue Code;	6702

(b) The amount resulted in a reduction of the taxpayer's	6703
federal adjusted gross income as required to be reported for any	6704
of the taxpayer's taxable years under the Internal Revenue Code.	6705

(17) Deduct the amount contributed by the taxpayer to an	6706
individual development account program established by a county	6707
department of job and family services pursuant to sections 329.11	6708
to 329.14 of the Revised Code for the purpose of matching funds	6709
deposited by program participants. On request of the tax	6710
commissioner, the taxpayer shall provide any information that, in	6711
the tax commissioner's opinion, is necessary to establish the	6712
amount deducted under division (A)(17) of this section.	6713

(18) Beginning in taxable year 2001 but not for any taxable	6714
year beginning after December 31, 2005, if the taxpayer is married	6715
and files a joint return and the combined federal adjusted gross	6716
income of the taxpayer and the taxpayer's spouse for the taxable	6717
year does not exceed one hundred thousand dollars, or if the	6718
taxpayer is single and has a federal adjusted gross income for the	6719
taxable year not exceeding fifty thousand dollars, deduct amounts	6720
paid during the taxable year for qualified tuition and fees paid	6721
to an eligible institution for the taxpayer, the taxpayer's	6722
spouse, or any dependent of the taxpayer, who is a resident of	6723
this state and is enrolled in or attending a program that	6724
culminates in a degree or diploma at an eligible institution. The	6725
deduction may be claimed only to the extent that qualified tuition	6726
and fees are not otherwise deducted or excluded for any taxable	6727
year from federal or Ohio adjusted gross income. The deduction may	6728
not be claimed for educational expenses for which the taxpayer	6729
claims a credit under section 5747.27 of the Revised Code.	6730

(19) Add any reimbursement received during the taxable year	6731
of any amount the taxpayer deducted under division (A)(18) of this	6732
section in any previous taxable year to the extent the amount is	6733
not otherwise included in Ohio adjusted gross income.	6734

(20)(a)(i) Add five-sixths of the amount of depreciation	6735
expense allowed by subsection (k) of section 168 of the Internal	6736
Revenue Code, including the taxpayer's proportionate or	6737
distributive share of the amount of depreciation expense allowed	6738
by that subsection to a pass-through entity in which the taxpayer	6739
has a direct or indirect ownership interest.	6740

(ii) Add five-sixths of the amount of qualifying section 179	6741
depreciation expense, including a person's proportionate or	6742
distributive share of the amount of qualifying section 179	6743
depreciation expense allowed to any pass-through entity in which	6744
the person has a direct or indirect ownership. For the purposes of	6745
this division, "qualifying section 179 depreciation expense" means	6746
the difference between (I) the amount of depreciation expense	6747
directly or indirectly allowed to the taxpayer under section 179	6748
of the Internal Revenue Code, and (II) the amount of depreciation	6749
expense directly or indirectly allowed to the taxpayer under	6750
section 179 of the Internal Revenue Code as that section existed	6751
on December 31, 2002.	6752

The tax commissioner, under procedures established by the	6753
commissioner, may waive the add-backs related to a pass-through	6754
entity if the taxpayer owns, directly or indirectly, less than	6755
five per cent of the pass-through entity.	6756

(b) Nothing in division (A)(20) of this section shall be	6757
construed to adjust or modify the adjusted basis of any asset.	6758

(c) To the extent the add-back required under division	6759
(A)(20)(a) of this section is attributable to property generating	6760
nonbusiness income or loss allocated under section 5747.20 of the	6761
Revised Code, the add-back shall be sitused to the same location	6762
as the nonbusiness income or loss generated by the property for	6763
the purpose of determining the credit under division (A) of	6764
section 5747.05 of the Revised Code. Otherwise, the add-back shall	6765
be apportioned, subject to one or more of the four alternative	6766
methods of apportionment enumerated in section 5747.21 of the	6767
Revised Code.	6768

(d) For the purposes of division (A) of this section, net	6769
operating loss carryback and carryforward shall not include	6770
five-sixths of the allowance of any net operating loss deduction	6771
carryback or carryforward to the taxable year to the extent such	6772
loss resulted from depreciation allowed by section 168(k) of the	6773
Internal Revenue Code and by the qualifying section 179	6774
depreciation expense amount.	6775

(21)(a) If the taxpayer was required to add an amount under	6776
division (A)(20)(a) of this section for a taxable year, deduct	6777
one-fifth of the amount so added for each of the five succeeding	6778
taxable years.	6779

(b) If the amount deducted under division (A)(21)(a) of this	6780
section is attributable to an add-back allocated under division	6781
(A)(20)(c) of this section, the amount deducted shall be sitused	6782
to the same location. Otherwise, the add-back shall be apportioned	6783
using the apportionment factors for the taxable year in which the	6784
deduction is taken, subject to one or more of the four alternative	6785
methods of apportionment enumerated in section 5747.21 of the	6786
Revised Code.	6787

(c) No deduction is available under division (A)(21)(a) of	6788
this section with regard to any depreciation allowed by section	6789
168(k) of the Internal Revenue Code and by the qualifying section	6790
179 depreciation expense amount to the extent that such	6791
depreciation resulted in or increased a federal net operating loss	6792
carryback or carryforward to a taxable year to which division	6793
(A)(20)(d) of this section does not apply.	6794

(22) Deduct, to the extent not otherwise deducted or excluded	6795
in computing federal or Ohio adjusted gross income for the taxable	6796
year, the amount the taxpayer received during the taxable year as	6797
reimbursement for life insurance premiums under section 5919.31 of	6798
the Revised Code.	6799

(23) Deduct, to the extent not otherwise deducted or excluded	6800
in computing federal or Ohio adjusted gross income for the taxable	6801
year, the amount the taxpayer received during the taxable year as	6802
a death benefit paid by the adjutant general under section 5919.33	6803
of the Revised Code.	6804

(24) Deduct, to the extent included in federal adjusted gross	6805
income and not otherwise allowable as a deduction or exclusion in	6806
computing federal or Ohio adjusted gross income for the taxable	6807
year, military pay and allowances received by the taxpayer during	6808
the taxable year for active duty service in the United States	6809
army, air force, navy, marine corps, or coast guard or reserve	6810
components thereof or the national guard. The deduction may not be	6811
claimed for military pay and allowances received by the taxpayer	6812
while the taxpayer is stationed in this state.	6813

(25) Deduct, to the extent not otherwise allowable as a	6814
deduction or exclusion in computing federal or Ohio adjusted gross	6815
income for the taxable year and not otherwise compensated for by	6816
any other source, the amount of qualified organ donation expenses	6817
incurred by the taxpayer during the taxable year, not to exceed	6818
ten thousand dollars. A taxpayer may deduct qualified organ	6819
donation expenses only once for all taxable years beginning with	6820
taxable years beginning in 2007.	6821

For the purposes of division (A)(25) of this section:

6822

(a) "Human organ" means all or any portion of a human liver,	6823
pancreas, kidney, intestine, or lung, and any portion of human	6824
bone marrow.	6825

(b) "Qualified organ donation expenses" means travel	6826
expenses, lodging expenses, and wages and salary forgone by a	6827
taxpayer in connection with the taxpayer's donation, while living,	6828
of one or more of the taxpayer's human organs to another human	6829
being.	6830

(26) Deduct, to the extent not otherwise deducted or excluded	6831
in computing federal or Ohio adjusted gross income for the taxable	6832
year, amounts received by the taxpayer as retired military	6833
personnel pay for service in the United States army, navy, air	6834
force, coast guard, or marine corps or reserve components thereof,	6835
or the national guard, or received by the surviving spouse or	6836
former spouse of such a taxpayer under the survivor benefit plan	6837
on account of such a taxpayer's death. If the taxpayer receives	6838
income on account of retirement paid under the federal civil	6839
service retirement system or federal employees retirement system,	6840
or under any successor retirement program enacted by the congress	6841
of the United States that is established and maintained for	6842
retired employees of the United States government, and such	6843
retirement income is based, in whole or in part, on credit for the	6844
taxpayer's military service, the deduction allowed under this	6845
division shall include only that portion of such retirement income	6846
that is attributable to the taxpayer's military service, to the	6847
extent that portion of such retirement income is otherwise	6848
included in federal adjusted gross income and is not otherwise	6849
deducted under this section. Any amount deducted under division	6850
(A)(26) of this section is not included in a taxpayer's adjusted	6851
gross income for the purposes of section 5747.055 of the Revised	6852
Code. No amount may be deducted under division (A)(26) of this	6853
section on the basis of which a credit was claimed under section	6854
5747.055 of the Revised Code.	6855

(27) Deduct, to the extent not otherwise deducted or excluded	6856
in computing federal or Ohio adjusted gross income for the taxable	6857
year, the amount the taxpayer received during the taxable year	6858
from the military injury relief fund created in section 5101.98 of	6859
the Revised Code.	6860

(28) Deduct, to the extent not otherwise deducted or excluded	6861
in computing federal or Ohio adjusted gross income for the taxable	6862
year, the amount the taxpayer received as a veterans bonus during	6863
the taxable year from the Ohio department of veterans services as	6864
authorized by Section 2r of Article VIII, Ohio Constitution.	6865

(29) Deduct, to the extent not otherwise deducted or excluded	6866
in computing federal or Ohio adjusted gross income for the taxable	6867
year, any loss from wagering transactions that is allowed as an	6868
itemized deduction under section 165 of the Internal Revenue Code	6869
and that the taxpayer deducted in computing federal taxable	6870
income.	6871

(B) "Business income" means income, including gain or loss,	6872
arising from transactions, activities, and sources in the regular	6873
course of a trade or business and includes income, gain, or loss	6874
from real property, tangible property, and intangible property if	6875
the acquisition, rental, management, and disposition of the	6876
property constitute integral parts of the regular course of a	6877
trade or business operation. "Business income" includes income,	6878
including gain or loss, from a partial or complete liquidation of	6879
a business, including, but not limited to, gain or loss from the	6880
sale or other disposition of goodwill.	6881

(C) "Nonbusiness income" means all income other than business	6882
income and may include, but is not limited to, compensation, rents	6883
and royalties from real or tangible personal property, capital	6884
gains, interest, dividends and distributions, patent or copyright	6885
royalties, or lottery winnings, prizes, and awards.	6886

(D) "Compensation" means any form of remuneration paid to an	6887
employee for personal services.	6888

(E) "Fiduciary" means a guardian, trustee, executor,	6889
administrator, receiver, conservator, or any other person acting	6890
in any fiduciary capacity for any individual, trust, or estate.	6891

(F) "Fiscal year" means an accounting period of twelve months	6892
ending on the last day of any month other than December.	6893

(G) "Individual" means any natural person.

6894

(H) "Internal Revenue Code" means the "Internal Revenue Code	6895
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.	6896

(I) "Resident" means any of the following, provided that	6897
division (I)(3) of this section applies only to taxable years of a	6898
trust beginning in 2002 or thereafter:	6899

(1) An individual who is domiciled in this state, subject to	6900
section 5747.24 of the Revised Code;	6901

(2) The estate of a decedent who at the time of death was	6902
domiciled in this state. The domicile tests of section 5747.24 of	6903
the Revised Code are not controlling for purposes of division	6904
(I)(2) of this section.	6905

(3) A trust that, in whole or part, resides in this state. If	6906
only part of a trust resides in this state, the trust is a	6907
resident only with respect to that part.	6908

For the purposes of division (I)(3) of this section:

6909

(a) A trust resides in this state for the trust's current	6910
taxable year to the extent, as described in division (I)(3)(d) of	6911
this section, that the trust consists directly or indirectly, in	6912
whole or in part, of assets, net of any related liabilities, that	6913
were transferred, or caused to be transferred, directly or	6914
indirectly, to the trust by any of the following:	6915

(i) A person, a court, or a governmental entity or	6916
instrumentality on account of the death of a decedent, but only if	6917
the trust is described in division (I)(3)(e)(i) or (ii) of this	6918
section;	6919

(ii) A person who was domiciled in this state for the	6920
purposes of this chapter when the person directly or indirectly	6921
transferred assets to an irrevocable trust, but only if at least	6922
one of the trust's qualifying beneficiaries is domiciled in this	6923
state for the purposes of this chapter during all or some portion	6924
of the trust's current taxable year;	6925

(iii) A person who was domiciled in this state for the	6926
purposes of this chapter when the trust document or instrument or	6927
part of the trust document or instrument became irrevocable, but	6928
only if at least one of the trust's qualifying beneficiaries is a	6929
resident domiciled in this state for the purposes of this chapter	6930
during all or some portion of the trust's current taxable year. If	6931
a trust document or instrument became irrevocable upon the death	6932
of a person who at the time of death was domiciled in this state	6933
for purposes of this chapter, that person is a person described in	6934
division (I)(3)(a)(iii) of this section.	6935

(b) A trust is irrevocable to the extent that the transferor	6936
is not considered to be the owner of the net assets of the trust	6937
under sections 671 to 678 of the Internal Revenue Code.	6938

(c) With respect to a trust other than a charitable lead	6939
trust, "qualifying beneficiary" has the same meaning as "potential	6940
current beneficiary" as defined in section 1361(e)(2) of the	6941
Internal Revenue Code, and with respect to a charitable lead trust	6942
"qualifying beneficiary" is any current, future, or contingent	6943
beneficiary, but with respect to any trust "qualifying	6944
beneficiary" excludes a person or a governmental entity or	6945
instrumentality to any of which a contribution would qualify for	6946
the charitable deduction under section 170 of the Internal Revenue	6947
Code.	6948

(d) For the purposes of division (I)(3)(a) of this section,	6949
the extent to which a trust consists directly or indirectly, in	6950
whole or in part, of assets, net of any related liabilities, that	6951
were transferred directly or indirectly, in whole or part, to the	6952
trust by any of the sources enumerated in that division shall be	6953
ascertained by multiplying the fair market value of the trust's	6954
assets, net of related liabilities, by the qualifying ratio, which	6955
shall be computed as follows:	6956

(i) The first time the trust receives assets, the numerator	6957
of the qualifying ratio is the fair market value of those assets	6958
at that time, net of any related liabilities, from sources	6959
enumerated in division (I)(3)(a) of this section. The denominator	6960
of the qualifying ratio is the fair market value of all the	6961
trust's assets at that time, net of any related liabilities.	6962

(ii) Each subsequent time the trust receives assets, a	6963
revised qualifying ratio shall be computed. The numerator of the	6964
revised qualifying ratio is the sum of (1) the fair market value	6965
of the trust's assets immediately prior to the subsequent	6966
transfer, net of any related liabilities, multiplied by the	6967
qualifying ratio last computed without regard to the subsequent	6968
transfer, and (2) the fair market value of the subsequently	6969
transferred assets at the time transferred, net of any related	6970
liabilities, from sources enumerated in division (I)(3)(a) of this	6971
section. The denominator of the revised qualifying ratio is the	6972
fair market value of all the trust's assets immediately after the	6973
subsequent transfer, net of any related liabilities.	6974

(iii) Whether a transfer to the trust is by or from any of	6975
the sources enumerated in division (I)(3)(a) of this section shall	6976
be ascertained without regard to the domicile of the trust's	6977
beneficiaries.	6978

(e) For the purposes of division (I)(3)(a)(i) of this	6979
section:	6980

(i) A trust is described in division (I)(3)(e)(i) of this	6981
section if the trust is a testamentary trust and the testator of	6982
that testamentary trust was domiciled in this state at the time of	6983
the testator's death for purposes of the taxes levied under	6984
Chapter 5731. of the Revised Code.	6985

(ii) A trust is described in division (I)(3)(e)(ii) of this	6986
section if the transfer is a qualifying transfer described in any	6987
of divisions (I)(3)(f)(i) to (vi) of this section, the trust is an	6988
irrevocable inter vivos trust, and at least one of the trust's	6989
qualifying beneficiaries is domiciled in this state for purposes	6990
of this chapter during all or some portion of the trust's current	6991
taxable year.	6992

(f) For the purposes of division (I)(3)(e)(ii) of this	6993
section, a "qualifying transfer" is a transfer of assets, net of	6994
any related liabilities, directly or indirectly to a trust, if the	6995
transfer is described in any of the following:	6996

(i) The transfer is made to a trust, created by the decedent	6997
before the decedent's death and while the decedent was domiciled	6998
in this state for the purposes of this chapter, and, prior to the	6999
death of the decedent, the trust became irrevocable while the	7000
decedent was domiciled in this state for the purposes of this	7001
chapter.	7002

(ii) The transfer is made to a trust to which the decedent,	7003
prior to the decedent's death, had directly or indirectly	7004
transferred assets, net of any related liabilities, while the	7005
decedent was domiciled in this state for the purposes of this	7006
chapter, and prior to the death of the decedent the trust became	7007
irrevocable while the decedent was domiciled in this state for the	7008
purposes of this chapter.	7009

(iii) The transfer is made on account of a contractual	7010
relationship existing directly or indirectly between the	7011
transferor and either the decedent or the estate of the decedent	7012
at any time prior to the date of the decedent's death, and the	7013
decedent was domiciled in this state at the time of death for	7014
purposes of the taxes levied under Chapter 5731. of the Revised	7015
Code.	7016

(iv) The transfer is made to a trust on account of a	7017
contractual relationship existing directly or indirectly between	7018
the transferor and another person who at the time of the	7019
decedent's death was domiciled in this state for purposes of this	7020
chapter.	7021

(v) The transfer is made to a trust on account of the will of	7022
a testator who was domiciled in this state at the time of the	7023
testator's death for purposes of the taxes levied under Chapter	7024
5731. of the Revised Code.	7025

(vi) The transfer is made to a trust created by or caused to	7026
be created by a court, and the trust was directly or indirectly	7027
created in connection with or as a result of the death of an	7028
individual who, for purposes of the taxes levied under Chapter	7029
5731. of the Revised Code, was domiciled in this state at the time	7030
of the individual's death.	7031

(g) The tax commissioner may adopt rules to ascertain the	7032
part of a trust residing in this state.	7033

(J) "Nonresident" means an individual or estate that is not a	7034
resident. An individual who is a resident for only part of a	7035
taxable year is a nonresident for the remainder of that taxable	7036
year.	7037

(K) "Pass-through entity" has the same meaning as in section	7038
5733.04 of the Revised Code.	7039

(L) "Return" means the notifications and reports required to	7040
be filed pursuant to this chapter for the purpose of reporting the	7041
tax due and includes declarations of estimated tax when so	7042
required.	7043

(M) "Taxable year" means the calendar year or the taxpayer's	7044
fiscal year ending during the calendar year, or fractional part	7045
thereof, upon which the adjusted gross income is calculated	7046
pursuant to this chapter.	7047

(N) "Taxpayer" means any person subject to the tax imposed by	7048
section 5747.02 of the Revised Code or any pass-through entity	7049
that makes the election under division (D) of section 5747.08 of	7050
the Revised Code.	7051

(O) "Dependents" means dependents as defined in the Internal	7052
Revenue Code and as claimed in the taxpayer's federal income tax	7053
return for the taxable year or which the taxpayer would have been	7054
permitted to claim had the taxpayer filed a federal income tax	7055
return.	7056

(P) "Principal county of employment" means, in the case of a	7057
nonresident, the county within the state in which a taxpayer	7058
performs services for an employer or, if those services are	7059
performed in more than one county, the county in which the major	7060
portion of the services are performed.	7061

(Q) As used in sections 5747.50 to 5747.55 of the Revised	7062
Code:	7063

(1) "Subdivision" means any county, municipal corporation,	7064
park district, or township.	7065

(2) "Essential local government purposes" includes all	7066
functions that any subdivision is required by general law to	7067
exercise, including like functions that are exercised under a	7068
charter adopted pursuant to the Ohio Constitution.	7069

(R) "Overpayment" means any amount already paid that exceeds	7070
the figure determined to be the correct amount of the tax.	7071

(S) "Taxable income" or "Ohio taxable income" applies only to	7072
estates and trusts, and means federal taxable income, as defined	7073
and used in the Internal Revenue Code, adjusted as follows:	7074

(1) Add interest or dividends, net of ordinary, necessary,	7075
and reasonable expenses not deducted in computing federal taxable	7076
income, on obligations or securities of any state or of any	7077
political subdivision or authority of any state, other than this	7078
state and its subdivisions and authorities, but only to the extent	7079
that such net amount is not otherwise includible in Ohio taxable	7080
income and is described in either division (S)(1)(a) or (b) of	7081
this section:	7082

(a) The net amount is not attributable to the S portion of an	7083
electing small business trust and has not been distributed to	7084
beneficiaries for the taxable year;	7085

(b) The net amount is attributable to the S portion of an	7086
electing small business trust for the taxable year.	7087

(2) Add interest or dividends, net of ordinary, necessary,	7088
and reasonable expenses not deducted in computing federal taxable	7089
income, on obligations of any authority, commission,	7090
instrumentality, territory, or possession of the United States to	7091
the extent that the interest or dividends are exempt from federal	7092
income taxes but not from state income taxes, but only to the	7093
extent that such net amount is not otherwise includible in Ohio	7094
taxable income and is described in either division (S)(1)(a) or	7095
(b) of this section;	7096

(3) Add the amount of personal exemption allowed to the	7097
estate pursuant to section 642(b) of the Internal Revenue Code;	7098

(4) Deduct interest or dividends, net of related expenses	7099
deducted in computing federal taxable income, on obligations of	7100
the United States and its territories and possessions or of any	7101
authority, commission, or instrumentality of the United States to	7102
the extent that the interest or dividends are exempt from state	7103
taxes under the laws of the United States, but only to the extent	7104
that such amount is included in federal taxable income and is	7105
described in either division (S)(1)(a) or (b) of this section;	7106

(5) Deduct the amount of wages and salaries, if any, not	7107
otherwise allowable as a deduction but that would have been	7108
allowable as a deduction in computing federal taxable income for	7109
the taxable year, had the targeted jobs credit allowed under	7110
sections 38, 51, and 52 of the Internal Revenue Code not been in	7111
effect, but only to the extent such amount relates either to	7112
income included in federal taxable income for the taxable year or	7113
to income of the S portion of an electing small business trust for	7114
the taxable year;	7115

(6) Deduct any interest or interest equivalent, net of	7116
related expenses deducted in computing federal taxable income, on	7117
public obligations and purchase obligations, but only to the	7118
extent that such net amount relates either to income included in	7119
federal taxable income for the taxable year or to income of the S	7120
portion of an electing small business trust for the taxable year;	7121

(7) Add any loss or deduct any gain resulting from sale,	7122
exchange, or other disposition of public obligations to the extent	7123
that such loss has been deducted or such gain has been included in	7124
computing either federal taxable income or income of the S portion	7125
of an electing small business trust for the taxable year;	7126

(8) Except in the case of the final return of an estate, add	7127
any amount deducted by the taxpayer on both its Ohio estate tax	7128
return pursuant to section 5731.14 of the Revised Code, and on its	7129
federal income tax return in determining federal taxable income;	7130

(9)(a) Deduct any amount included in federal taxable income	7131
solely because the amount represents a reimbursement or refund of	7132
expenses that in a previous year the decedent had deducted as an	7133
itemized deduction pursuant to section 63 of the Internal Revenue	7134
Code and applicable treasury regulations. The deduction otherwise	7135
allowed under division (S)(9)(a) of this section shall be reduced	7136
to the extent the reimbursement is attributable to an amount the	7137
taxpayer or decedent deducted under this section in any taxable	7138
year.	7139

(b) Add any amount not otherwise included in Ohio taxable	7140
income for any taxable year to the extent that the amount is	7141
attributable to the recovery during the taxable year of any amount	7142
deducted or excluded in computing federal or Ohio taxable income	7143
in any taxable year, but only to the extent such amount has not	7144
been distributed to beneficiaries for the taxable year.	7145

(10) Deduct any portion of the deduction described in section	7146
1341(a)(2) of the Internal Revenue Code, for repaying previously	7147
reported income received under a claim of right, that meets both	7148
of the following requirements:	7149

(a) It is allowable for repayment of an item that was	7150
included in the taxpayer's taxable income or the decedent's	7151
adjusted gross income for a prior taxable year and did not qualify	7152
for a credit under division (A) or (B) of section 5747.05 of the	7153
Revised Code for that year.	7154

(b) It does not otherwise reduce the taxpayer's taxable	7155
income or the decedent's adjusted gross income for the current or	7156
any other taxable year.	7157

(11) Add any amount claimed as a credit under section	7158
5747.059 of the Revised Code to the extent that the amount	7159
satisfies either of the following:	7160

(a) The amount was deducted or excluded from the computation	7161
of the taxpayer's federal taxable income as required to be	7162
reported for the taxpayer's taxable year under the Internal	7163
Revenue Code;	7164

(b) The amount resulted in a reduction in the taxpayer's	7165
federal taxable income as required to be reported for any of the	7166
taxpayer's taxable years under the Internal Revenue Code.	7167

(12) Deduct any amount, net of related expenses deducted in	7168
computing federal taxable income, that a trust is required to	7169
report as farm income on its federal income tax return, but only	7170
if the assets of the trust include at least ten acres of land	7171
satisfying the definition of "land devoted exclusively to	7172
agricultural use" under section 5713.30 of the Revised Code,	7173
regardless of whether the land is valued for tax purposes as such	7174
land under sections 5713.30 to 5713.38 of the Revised Code. If the	7175
trust is a pass-through entity investor, section 5747.231 of the	7176
Revised Code applies in ascertaining if the trust is eligible to	7177
claim the deduction provided by division (S)(12) of this section	7178
in connection with the pass-through entity's farm income.	7179

Except for farm income attributable to the S portion of an	7180
electing small business trust, the deduction provided by division	7181
(S)(12) of this section is allowed only to the extent that the	7182
trust has not distributed such farm income. Division (S)(12) of	7183
this section applies only to taxable years of a trust beginning in	7184
2002 or thereafter.	7185

(13) Add the net amount of income described in section 641(c)	7186
of the Internal Revenue Code to the extent that amount is not	7187
included in federal taxable income.	7188

(14) Add or deduct the amount the taxpayer would be required	7189
to add or deduct under division (A)(20) or (21) of this section if	7190
the taxpayer's Ohio taxable income were computed in the same	7191
manner as an individual's Ohio adjusted gross income is computed	7192
under this section. In the case of a trust, division (S)(14) of	7193
this section applies only to any of the trust's taxable years	7194
beginning in 2002 or thereafter.	7195

(T) "School district income" and "school district income tax"	7196
have the same meanings as in section 5748.01 of the Revised Code.	7197

(U) As used in divisions (A)(8), (A)(9), (S)(6), and (S)(7)	7198
of this section, "public obligations," "purchase obligations," and	7199
"interest or interest equivalent" have the same meanings as in	7200
section 5709.76 of the Revised Code.	7201

(V) "Limited liability company" means any limited liability	7202
company formed under Chapter 1705. of the Revised Code or under	7203
the laws of any other state.	7204

(W) "Pass-through entity investor" means any person who,	7205
during any portion of a taxable year of a pass-through entity, is	7206
a partner, member, shareholder, or equity investor in that	7207
pass-through entity.	7208

(X) "Banking day" has the same meaning as in section 1304.01	7209
of the Revised Code.	7210

(Y) "Month" means a calendar month.

7211

(Z) "Quarter" means the first three months, the second three	7212
months, the third three months, or the last three months of the	7213
taxpayer's taxable year.	7214

(AA)(1) "Eligible institution" means a state university or	7215
state institution of higher education as defined in section	7216
3345.011 of the Revised Code, or a private, nonprofit college,	7217
university, or other post-secondary institution located in this	7218
state that possesses a certificate of authorization issued by the	7219
Ohio board of regents pursuant to Chapter 1713. of the Revised	7220
Code or a certificate of registration issued by the state board of	7221
career colleges and schools under Chapter 3332. of the Revised	7222
Code.	7223

(2) "Qualified tuition and fees" means tuition and fees	7224
imposed by an eligible institution as a condition of enrollment or	7225
attendance, not exceeding two thousand five hundred dollars in	7226
each of the individual's first two years of post-secondary	7227
education. If the individual is a part-time student, "qualified	7228
tuition and fees" includes tuition and fees paid for the academic	7229
equivalent of the first two years of post-secondary education	7230
during a maximum of five taxable years, not exceeding a total of	7231
five thousand dollars. "Qualified tuition and fees" does not	7232
include:	7233

(a) Expenses for any course or activity involving sports,	7234
games, or hobbies unless the course or activity is part of the	7235
individual's degree or diploma program;	7236

(b) The cost of books, room and board, student activity fees,	7237
athletic fees, insurance expenses, or other expenses unrelated to	7238
the individual's academic course of instruction;	7239

(c) Tuition, fees, or other expenses paid or reimbursed	7240
through an employer, scholarship, grant in aid, or other	7241
educational benefit program.	7242

(BB)(1) "Modified business income" means the business income	7243
included in a trust's Ohio taxable income after such taxable	7244
income is first reduced by the qualifying trust amount, if any.	7245

(2) "Qualifying trust amount" of a trust means capital gains	7246
and losses from the sale, exchange, or other disposition of equity	7247
or ownership interests in, or debt obligations of, a qualifying	7248
investee to the extent included in the trust's Ohio taxable	7249
income, but only if the following requirements are satisfied:	7250

(a) The book value of the qualifying investee's physical	7251
assets in this state and everywhere, as of the last day of the	7252
qualifying investee's fiscal or calendar year ending immediately	7253
prior to the date on which the trust recognizes the gain or loss,	7254
is available to the trust.	7255

(b) The requirements of section 5747.011 of the Revised Code	7256
are satisfied for the trust's taxable year in which the trust	7257
recognizes the gain or loss.	7258

Any gain or loss that is not a qualifying trust amount is	7259
modified business income, qualifying investment income, or	7260
modified nonbusiness income, as the case may be.	7261

(3) "Modified nonbusiness income" means a trust's Ohio	7262
taxable income other than modified business income, other than the	7263
qualifying trust amount, and other than qualifying investment	7264
income, as defined in section 5747.012 of the Revised Code, to the	7265
extent such qualifying investment income is not otherwise part of	7266
modified business income.	7267

(4) "Modified Ohio taxable income" applies only to trusts,	7268
and means the sum of the amounts described in divisions (BB)(4)(a)	7269
to (c) of this section:	7270

(a) The fraction, calculated under section 5747.013, and	7271
applying section 5747.231 of the Revised Code, multiplied by the	7272
sum of the following amounts:	7273

(i) The trust's modified business income;

7274

(ii) The trust's qualifying investment income, as defined in	7275
section 5747.012 of the Revised Code, but only to the extent the	7276
qualifying investment income does not otherwise constitute	7277
modified business income and does not otherwise constitute a	7278
qualifying trust amount.	7279

(b) The qualifying trust amount multiplied by a fraction, the	7280
numerator of which is the sum of the book value of the qualifying	7281
investee's physical assets in this state on the last day of the	7282
qualifying investee's fiscal or calendar year ending immediately	7283
prior to the day on which the trust recognizes the qualifying	7284
trust amount, and the denominator of which is the sum of the book	7285
value of the qualifying investee's total physical assets	7286
everywhere on the last day of the qualifying investee's fiscal or	7287
calendar year ending immediately prior to the day on which the	7288
trust recognizes the qualifying trust amount. If, for a taxable	7289
year, the trust recognizes a qualifying trust amount with respect	7290
to more than one qualifying investee, the amount described in	7291
division (BB)(4)(b) of this section shall equal the sum of the	7292
products so computed for each such qualifying investee.	7293

(c)(i) With respect to a trust or portion of a trust that is	7294
a resident as ascertained in accordance with division (I)(3)(d) of	7295
this section, its modified nonbusiness income.	7296

(ii) With respect to a trust or portion of a trust that is	7297
not a resident as ascertained in accordance with division	7298
(I)(3)(d) of this section, the amount of its modified nonbusiness	7299
income satisfying the descriptions in divisions (B)(2) to (5) of	7300
section 5747.20 of the Revised Code, except as otherwise provided	7301
in division (BB)(4)(c)(ii) of this section. With respect to a	7302
trust or portion of a trust that is not a resident as ascertained	7303
in accordance with division (I)(3)(d) of this section, the trust's	7304
portion of modified nonbusiness income recognized from the sale,	7305
exchange, or other disposition of a debt interest in or equity	7306
interest in a section 5747.212 entity, as defined in section	7307
5747.212 of the Revised Code, without regard to division (A) of	7308
that section, shall not be allocated to this state in accordance	7309
with section 5747.20 of the Revised Code but shall be apportioned	7310
to this state in accordance with division (B) of section 5747.212	7311
of the Revised Code without regard to division (A) of that	7312
section.	7313

If the allocation and apportionment of a trust's income under	7314
divisions (BB)(4)(a) and (c) of this section do not fairly	7315
represent the modified Ohio taxable income of the trust in this	7316
state, the alternative methods described in division (C) of	7317
section 5747.21 of the Revised Code may be applied in the manner	7318
and to the same extent provided in that section.	7319

(5)(a) Except as set forth in division (BB)(5)(b) of this	7320
section, "qualifying investee" means a person in which a trust has	7321
an equity or ownership interest, or a person or unit of government	7322
the debt obligations of either of which are owned by a trust. For	7323
the purposes of division (BB)(2)(a) of this section and for the	7324
purpose of computing the fraction described in division (BB)(4)(b)	7325
of this section, all of the following apply:	7326

(i) If the qualifying investee is a member of a qualifying	7327
controlled group on the last day of the qualifying investee's	7328
fiscal or calendar year ending immediately prior to the date on	7329
which the trust recognizes the gain or loss, then "qualifying	7330
investee" includes all persons in the qualifying controlled group	7331
on such last day.	7332

(ii) If the qualifying investee, or if the qualifying	7333
investee and any members of the qualifying controlled group of	7334
which the qualifying investee is a member on the last day of the	7335
qualifying investee's fiscal or calendar year ending immediately	7336
prior to the date on which the trust recognizes the gain or loss,	7337
separately or cumulatively own, directly or indirectly, on the	7338
last day of the qualifying investee's fiscal or calendar year	7339
ending immediately prior to the date on which the trust recognizes	7340
the qualifying trust amount, more than fifty per cent of the	7341
equity of a pass-through entity, then the qualifying investee and	7342
the other members are deemed to own the proportionate share of the	7343
pass-through entity's physical assets which the pass-through	7344
entity directly or indirectly owns on the last day of the	7345
pass-through entity's calendar or fiscal year ending within or	7346
with the last day of the qualifying investee's fiscal or calendar	7347
year ending immediately prior to the date on which the trust	7348
recognizes the qualifying trust amount.	7349

(iii) For the purposes of division (BB)(5)(a)(iii) of this	7350
section, "upper level pass-through entity" means a pass-through	7351
entity directly or indirectly owning any equity of another	7352
pass-through entity, and "lower level pass-through entity" means	7353
that other pass-through entity.	7354

An upper level pass-through entity, whether or not it is also	7355
a qualifying investee, is deemed to own, on the last day of the	7356
upper level pass-through entity's calendar or fiscal year, the	7357
proportionate share of the lower level pass-through entity's	7358
physical assets that the lower level pass-through entity directly	7359
or indirectly owns on the last day of the lower level pass-through	7360
entity's calendar or fiscal year ending within or with the last	7361
day of the upper level pass-through entity's fiscal or calendar	7362
year. If the upper level pass-through entity directly and	7363
indirectly owns less than fifty per cent of the equity of the	7364
lower level pass-through entity on each day of the upper level	7365
pass-through entity's calendar or fiscal year in which or with	7366
which ends the calendar or fiscal year of the lower level	7367
pass-through entity and if, based upon clear and convincing	7368
evidence, complete information about the location and cost of the	7369
physical assets of the lower pass-through entity is not available	7370
to the upper level pass-through entity, then solely for purposes	7371
of ascertaining if a gain or loss constitutes a qualifying trust	7372
amount, the upper level pass-through entity shall be deemed as	7373
owning no equity of the lower level pass-through entity for each	7374
day during the upper level pass-through entity's calendar or	7375
fiscal year in which or with which ends the lower level	7376
pass-through entity's calendar or fiscal year. Nothing in division	7377
(BB)(5)(a)(iii) of this section shall be construed to provide for	7378
any deduction or exclusion in computing any trust's Ohio taxable	7379
income.	7380

(b) With respect to a trust that is not a resident for the	7381
taxable year and with respect to a part of a trust that is not a	7382
resident for the taxable year, "qualifying investee" for that	7383
taxable year does not include a C corporation if both of the	7384
following apply:	7385

(i) During the taxable year the trust or part of the trust	7386
recognizes a gain or loss from the sale, exchange, or other	7387
disposition of equity or ownership interests in, or debt	7388
obligations of, the C corporation.	7389

(ii) Such gain or loss constitutes nonbusiness income.

7390

(6) "Available" means information is such that a person is	7391
able to learn of the information by the due date plus extensions,	7392
if any, for filing the return for the taxable year in which the	7393
trust recognizes the gain or loss.	7394

(CC) "Qualifying controlled group" has the same meaning as in	7395
section 5733.04 of the Revised Code.	7396

(DD) "Related member" has the same meaning as in section	7397
5733.042 of the Revised Code.	7398

(EE)(1) For the purposes of division (EE) of this section:

7399

(a) "Qualifying person" means any person other than a	7400
qualifying corporation.	7401

(b) "Qualifying corporation" means any person classified for	7402
federal income tax purposes as an association taxable as a	7403
corporation, except either of the following:	7404

(i) A corporation that has made an election under subchapter	7405
S, chapter one, subtitle A, of the Internal Revenue Code for its	7406
taxable year ending within, or on the last day of, the investor's	7407
taxable year;	7408

(ii) A subsidiary that is wholly owned by any corporation	7409
that has made an election under subchapter S, chapter one,	7410
subtitle A of the Internal Revenue Code for its taxable year	7411
ending within, or on the last day of, the investor's taxable year.	7412

(2) For the purposes of this chapter, unless expressly stated	7413
otherwise, no qualifying person indirectly owns any asset directly	7414
or indirectly owned by any qualifying corporation.	7415

(FF) For purposes of this chapter and Chapter 5751. of the	7416
Revised Code:	7417

(1) "Trust" does not include a qualified pre-income tax	7418
trust.	7419

(2) A "qualified pre-income tax trust" is any pre-income tax	7420
trust that makes a qualifying pre-income tax trust election as	7421
described in division (FF)(3) of this section.	7422

(3) A "qualifying pre-income tax trust election" is an	7423
election by a pre-income tax trust to subject to the tax imposed	7424
by section 5751.02 of the Revised Code the pre-income tax trust	7425
and all pass-through entities of which the trust owns or controls,	7426
directly, indirectly, or constructively through related interests,	7427
five per cent or more of the ownership or equity interests. The	7428
trustee shall notify the tax commissioner in writing of the	7429
election on or before April 15, 2006. The election, if timely	7430
made, shall be effective on and after January 1, 2006, and shall	7431
apply for all tax periods and tax years until revoked by the	7432
trustee of the trust.	7433

(4) A "pre-income tax trust" is a trust that satisfies all of	7434
the following requirements:	7435

(a) The document or instrument creating the trust was	7436
executed by the grantor before January 1, 1972;	7437

(b) The trust became irrevocable upon the creation of the	7438
trust; and	7439

(c) The grantor was domiciled in this state at the time the	7440
trust was created.	7441

Sec. 5747.02. (A) For the purpose of providing revenue for	7442
the support of schools and local government functions, to provide	7443
relief to property taxpayers, to provide revenue for the general	7444
revenue fund, and to meet the expenses of administering the tax	7445
levied by this chapter, there is hereby levied on every	7446
individual, trust, and estate residing in or earning or receiving	7447
income in this state, on every individual, trust, and estate	7448
earning or receiving lottery winnings, prizes, or awards pursuant	7449
to Chapter 3770. of the Revised Code, on every individual, trust,	7450
and estate earning or receiving winnings on casino gaming, and on	7451
every individual, trust, and estate otherwise having nexus with or	7452
in this state under the Constitution of the United States, an	7453
annual tax measured in the case of individuals by Ohio adjusted	7454
gross income less an exemption for the taxpayer, the taxpayer's	7455
spouse, and each dependent as provided in section 5747.025 of the	7456
Revised Code; measured in the case of trusts by modified Ohio	7457
taxable income under division (D) of this section; and measured in	7458
the case of estates by Ohio taxable income. The tax imposed by	7459
this section on the balance thus obtained is hereby levied as	7460
follows:	7461

(1) For taxable years beginning in 2004:

7462

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		7463
OR		7464
MODIFIED OHIO		7465
TAXABLE INCOME (TRUSTS)		7466
OR		7467
OHIO TAXABLE INCOME (ESTATES)	TAX	7468

$5,000 or less	.743%	7469
More than $5,000 but not more than $10,000	$37.15 plus 1.486% of the amount in excess of $5,000	7470
More than $10,000 but not more than $15,000	$111.45 plus 2.972% of the amount in excess of $10,000	7471
More than $15,000 but not more than $20,000	$260.05 plus 3.715% of the amount in excess of $15,000	7472
More than $20,000 but not more than $40,000	$445.80 plus 4.457% of the amount in excess of $20,000	7473
More than $40,000 but not more than $80,000	$1,337.20 plus 5.201% of the amount in excess of $40,000	7474
More than $80,000 but not more than $100,000	$3,417.60 plus 5.943% of the amount in excess of $80,000	7475
More than $100,000 but not more than $200,000	$4,606.20 plus 6.9% of the amount in excess of $100,000	7476
More than $200,000	$11,506.20 plus 7.5% of the amount in excess of $200,000	7477

(2) For taxable years beginning in 2005:

7478

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		7479
OR		7480
MODIFIED OHIO		7481
TAXABLE INCOME (TRUSTS)		7482
OR		7483
OHIO TAXABLE INCOME (ESTATES)	TAX	7484

$5,000 or less	.712%	7485
More than $5,000 but not more than $10,000	$35.60 plus 1.424% of the amount in excess of $5,000	7486
More than $10,000 but not more than $15,000	$106.80 plus 2.847% of the amount in excess of $10,000	7487
More than $15,000 but not more than $20,000	$249.15 plus 3.559% of the amount in excess of $15,000	7488
More than $20,000 but not more than $40,000	$427.10 plus 4.27% of the amount in excess of $20,000	7489
More than $40,000 but not more than $80,000	$1,281.10 plus 4.983% of the amount in excess of $40,000	7490
More than $80,000 but not more than $100,000	$3,274.30 plus 5.693% of the amount in excess of $80,000	7491
More than $100,000 but not more than $200,000	$4,412.90 plus 6.61% of the amount in excess of $100,000	7492
More than $200,000	$11,022.90 plus 7.185% of the amount in excess of $200,000	7493

(3) For taxable years beginning in 2006:

7494

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		7495
OR		7496
MODIFIED OHIO		7497
TAXABLE INCOME (TRUSTS)		7498
OR		7499
OHIO TAXABLE INCOME (ESTATES)	TAX	7500

$5,000 or less	.681%	7501
More than $5,000 but not more than $10,000	$34.05 plus 1.361% of the amount in excess of $5,000	7502
More than $10,000 but not more than $15,000	$102.10 plus 2.722% of the amount in excess of $10,000	7503
More than $15,000 but not more than $20,000	$238.20 plus 3.403% of the amount in excess of $15,000	7504
More than $20,000 but not more than $40,000	$408.35 plus 4.083% of the amount in excess of $20,000	7505
More than $40,000 but not more than $80,000	$1,224.95 plus 4.764% of the amount in excess of $40,000	7506
More than $80,000 but not more than $100,000	$3,130.55 plus 5.444% of the amount in excess of $80,000	7507
More than $100,000 but not more than $200,000	$4,219.35 plus 6.32% of the amount in excess of $100,000	7508
More than $200,000	$10,539.35 plus 6.87% of the amount in excess of $200,000	7509

(4) For taxable years beginning in 2007:

7510

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		7511
OR		7512
MODIFIED OHIO		7513
TAXABLE INCOME (TRUSTS)		7514
OR		7515
OHIO TAXABLE INCOME (ESTATES)	TAX	7516

$5,000 or less	.649%	7517
More than $5,000 but not more than $10,000	$32.45 plus 1.299% of the amount in excess of $5,000	7518
More than $10,000 but not more than $15,000	$97.40 plus 2.598% of the amount in excess of $10,000	7519
More than $15,000 but not more than $20,000	$227.30 plus 3.247% of the amount in excess of $15,000	7520
More than $20,000 but not more than $40,000	$389.65 plus 3.895% of the amount in excess of $20,000	7521
More than $40,000 but not more than $80,000	$1,168.65 plus 4.546% of the amount in excess of $40,000	7522
More than $80,000 but not more than $100,000	$2,987.05 plus 5.194% of the amount in excess of $80,000	7523
More than $100,000 but not more than $200,000	$4,025.85 plus 6.031% of the amount in excess of $100,000	7524
More than $200,000	$10,056.85 plus 6.555% of the amount in excess of $200,000	7525

(5) For taxable years beginning in 2008, 2009, or 2010:

7526

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		7527
OR		7528
MODIFIED OHIO		7529
TAXABLE INCOME (TRUSTS)		7530
OR		7531
OHIO TAXABLE INCOME (ESTATES)	TAX	7532

$5,000 or less	.618%	7533
More than $5,000 but not more than $10,000	$30.90 plus 1.236% of the amount in excess of $5,000	7534
More than $10,000 but not more than $15,000	$92.70 plus 2.473% of the amount in excess of $10,000	7535
More than $15,000 but not more than $20,000	$216.35 plus 3.091% of the amount in excess of $15,000	7536
More than $20,000 but not more than $40,000	$370.90 plus 3.708% of the amount in excess of $20,000	7537
More than $40,000 but not more than $80,000	$1,112.50 plus 4.327% of the amount in excess of $40,000	7538
More than $80,000 but not more than $100,000	$2,843.30 plus 4.945% of the amount in excess of $80,000	7539
More than $100,000 but not more than $200,000	$3,832.30 plus 5.741% of the amount in excess of $100,000	7540
More than $200,000	$9,573.30 plus 6.24% of the amount in excess of $200,000	7541

(6) For taxable years beginning in 2011 or thereafter:

7542

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		7543
OR		7544
MODIFIED OHIO		7545
TAXABLE INCOME (TRUSTS)		7546
OR		7547
OHIO TAXABLE INCOME (ESTATES)	TAX	7548

$5,000 or less	.587%	7549
More than $5,000 but not more than $10,000	$29.35 plus 1.174% of the amount in excess of $5,000	7550
More than $10,000 but not more than $15,000	$88.05 plus 2.348% of the amount in excess of $10,000	7551
More than $15,000 but not more than $20,000	$205.45 plus 2.935% of the amount in excess of $15,000	7552
More than $20,000 but not more than $40,000	$352.20 plus 3.521% of the amount in excess of $20,000	7553
More than $40,000 but not more than $80,000	$1,056.40 plus 4.109% of the amount in excess of $40,000	7554
More than $80,000 but not more than $100,000	$2,700.00 plus 4.695% of the amount in excess of $80,000	7555
More than $100,000 but not more than $200,000	$3,639.00 plus 5.451% of the amount in excess of $100,000	7556
More than $200,000	$9,090.00 plus 5.925% of the amount in excess of $200,000	7557

In July of each year, beginning in 2010, the tax commissioner	7558
shall adjust the income amounts prescribed in this division by	7559
multiplying the percentage increase in the gross domestic product	7560
deflator computed that year under section 5747.025 of the Revised	7561
Code by each of the income amounts resulting from the adjustment	7562
under this division in the preceding year, adding the resulting	7563
product to the corresponding income amount resulting from the	7564
adjustment in the preceding year, and rounding the resulting sum	7565
to the nearest multiple of fifty dollars. The tax commissioner	7566
also shall recompute each of the tax dollar amounts to the extent	7567
necessary to reflect the adjustment of the income amounts. The	7568
rates of taxation shall not be adjusted.	7569

The adjusted amounts apply to taxable years beginning in the	7570
calendar year in which the adjustments are made. The tax	7571
commissioner shall not make such adjustments in any year in which	7572
the amount resulting from the adjustment would be less than the	7573
amount resulting from the adjustment in the preceding year.	7574

(B) If the director of budget and management makes a	7575
certification to the tax commissioner under division (B) of	7576
section 131.44 of the Revised Code, the amount of tax as	7577
determined under division (A) of this section shall be reduced by	7578
the percentage prescribed in that certification for taxable years	7579
beginning in the calendar year in which that certification is	7580
made.	7581

(C) The levy of this tax on income does not prevent a	7582
municipal corporation, a joint economic development zone created	7583
under section 715.691, or a joint economic development district	7584
created under section 715.70 or 715.71 or sections 715.72 to	7585
715.81 of the Revised Code from levying a tax on income.	7586

(D) This division applies only to taxable years of a trust	7587
beginning in 2002 or thereafter.	7588

(1) The tax imposed by this section on a trust shall be	7589
computed by multiplying the Ohio modified taxable income of the	7590
trust by the rates prescribed by division (A) of this section.	7591

(2) A nonresident trust may claim a credit against the tax	7592
computed under division (D) of this section equal to the lesser of	7593
(1) the tax paid to another state or the District of Columbia on	7594
the nonresident trust's modified nonbusiness income, other than	7595
the portion of the nonresident trust's nonbusiness income that is	7596
qualifying investment income as defined in section 5747.012 of the	7597
Revised Code, or (2) the effective tax rate, based on modified	7598
Ohio taxable income, multiplied by the nonresident trust's	7599
modified nonbusiness income other than the portion of the	7600
nonresident trust's nonbusiness income that is qualifying	7601
investment income. The credit applies before any other applicable	7602
credits.	7603

(3) The credits enumerated in divisions (A)(1) to (13) of	7604
section 5747.98 of the Revised Code do not apply to a trust	7605
subject to division (D) of this section. Any credits enumerated in	7606
other divisions of section 5747.98 of the Revised Code apply to a	7607
trust subject to division (D) of this section. To the extent that	7608
the trust distributes income for the taxable year for which a	7609
credit is available to the trust, the credit shall be shared by	7610
the trust and its beneficiaries. The tax commissioner and the	7611
trust shall be guided by applicable regulations of the United	7612
States treasury regarding the sharing of credits.	7613

(E) For the purposes of this section, "trust" means any trust	7614
described in Subchapter J of Chapter 1 of the Internal Revenue	7615
Code, excluding trusts that are not irrevocable as defined in	7616
division (I)(3)(b) of section 5747.01 of the Revised Code and that	7617
have no modified Ohio taxable income for the taxable year,	7618
charitable remainder trusts, qualified funeral trusts and preneed	7619
funeral contract trusts established pursuant to sections 4717.31	7620
to 4717.38 of the Revised Code that are not qualified funeral	7621
trusts, endowment and perpetual care trusts, qualified settlement	7622
trusts and funds, designated settlement trusts and funds, and	7623
trusts exempted from taxation under section 501(a) of the Internal	7624
Revenue Code.	7625

Sec. 5747.063. (A)(1) If a person's winnings at a casino	7626
facility are an amount for which reporting to the internal revenue	7627
service of the amount is required by 26 U.S.C. 6041 or a	7628
subsequent, analogous section of the Internal Revenue Code, the	7629
casino operator shall deduct and withhold Ohio income tax from the	7630
person's winnings at a rate of six per cent of the amount won. A	7631
person's amount of winnings shall be determined each time the	7632
person exchanges amounts won in tokens, chips, casino credit, or	7633
other pre-paid representations of value for cash or a cash	7634
equivalent. The casino operator shall issue, to a person from	7635
whose winnings an amount has been deducted and withheld, a receipt	7636
for the amount deducted and withheld, and also shall obtain from	7637
the person additional information that will be necessary for the	7638
casino operator to prepare the returns required by this section.	7639

(2) If a person's winnings at a casino facility require	7640
reporting to the internal revenue service under division (A)(1) of	7641
this section, the casino operator also shall require the person to	7642
state in writing, under penalty of falsification, whether the	7643
person is in default under a support order.	7644

(B) Amounts deducted and withheld by a casino operator are	7645
held in trust for the benefit of the state.	7646

(1) On or before the tenth banking day of each month, the	7647
casino operator shall file a return electronically with the tax	7648
commissioner identifying the persons from whose winnings amounts	7649
were deducted and withheld and the amount of each such deduction	7650
and withholding during the preceding calendar month. With the	7651
return, the casino operator shall remit electronically to the tax	7652
commissioner all the amounts deducted and withheld during the	7653
preceding month. And together with the return and remittance, the	7654
casino operator shall transmit electronically to the tax	7655
commissioner a copy of each receipt issued, and a copy of each	7656
statement made, under divisions (A)(1) and (2) of this section.	7657

(2) Annually on or before the thirty-first day of January, a	7658
casino operator shall file an annual return electronically with	7659
the tax commissioner indicating the total amount deducted and	7660
withheld during the preceding calendar year. The casino operator	7661
shall remit electronically with the annual return any amount that	7662
was deducted and withheld and that was not previously remitted. If	7663
the identity of a person and the amount deducted and withheld with	7664
respect to that person were omitted on a monthly return, that	7665
information shall be indicated on the annual return. And if a copy	7666
of the receipt and statement pertaining to a person was not	7667
previously transmitted to the tax commissioner, the receipt and	7668
statement shall be transmitted to the tax commissioner	7669
electronically with the annual return.	7670

(3)(a) A casino operator who fails to file a return and remit	7671
the amounts deducted and withheld is personally liable for the	7672
amount deducted and withheld and not remitted. The tax	7673
commissioner may impose a penalty up to one thousand dollars if a	7674
return is filed late, if amounts deducted and withheld are	7675
remitted late, if a return is not filed, or if amounts deducted	7676
and withheld are not remitted. Interest accrues on past due	7677
amounts deducted and withheld at the rate prescribed in section	7678
5703.47 of the Revised Code. The tax commissioner may collect past	7679
due amounts deducted and withheld and penalties and interest	7680
thereon by assessment under section 5747.13 of the Revised Code as	7681
if they were income taxes collected by an employer.	7682

(b) If a casino operator sells the casino facility or	7683
otherwise quits the casino business, the amounts deducted and	7684
withheld and any penalties and interest thereon are immediately	7685
due and payable. The successor shall withhold an amount of the	7686
purchase money that is sufficient to cover the amounts deducted	7687
and withheld and penalties and interest thereon until the	7688
predecessor casino operator produces either a receipt from the tax	7689
commissioner showing that the amounts deducted and withheld and	7690
penalties and interest thereon have been paid or a certificate	7691
from the tax commissioner indicating that no amounts deducted and	7692
withheld or penalties and interest thereon are due. If the	7693
successor fails to withhold purchase money, the successor is	7694
personally liable for payment of the amounts deducted and withheld	7695
and penalties and interest thereon, up to the amount of the	7696
purchase money.	7697

(C) Annually, on or before the thirty-first day of January, a	7698
casino operator shall issue an information return to each person	7699
with respect to whom an amount has been deducted and withheld	7700
during the preceding calendar year. The information return shall	7701
show the total amount deducted from the person's winnings by the	7702
casino operator during the preceding calendar year.	7703

(D) Amounts deducted and withheld shall be treated as a	7704
credit against the tax imposed by section 5747.02 of the Revised	7705
Code. The credit is refundable and shall be claimed in the order	7706
required under section 5747.98 of the Revised Code. Only the	7707
person for whom the amount is deducted and withheld may claim a	7708
credit for such amount.	7709

(E) The failure of a casino operator to deduct and withhold	7710
the required amount from a person's winnings does not relieve the	7711
person from liability for the tax imposed by section 5747.02 of	7712
the Revised Code with respect to those winnings. And compliance	7713
with this section does not relieve a casino operator or a person	7714
who has winnings at a casino facility from compliance with	7715
relevant provisions of federal tax laws.	7716

(F) The tax commissioner shall prescribe the form of the	7717
receipt, statement, and returns required by this section.	7718

Sec. 5747.20. This section applies solely for the purposes	7719
of computing the credit allowed under division (A) of section	7720
5747.05 of the Revised Code and computing income taxable in this	7721
state under division (D) of section 5747.08 of the Revised Code.	7722

All items of nonbusiness income or deduction shall be	7723
allocated in this state as follows:	7724

(A) All items of nonbusiness income or deduction taken into	7725
account in the computation of adjusted gross income for the	7726
taxable year by a resident shall be allocated to this state.	7727

(B) All items of nonbusiness income or deduction taken into	7728
account in the computation of adjusted gross income for the	7729
taxable year by a nonresident shall be allocated to this state as	7730
follows:	7731

(1) All items of compensation paid to an individual for	7732
personal services performed in this state who was a nonresident at	7733
the time of payment and all items of deduction directly allocated	7734
thereto shall be allocated to this state.	7735

(2) All gains or losses from the sale of real property,	7736
tangible personal property, or intangible property shall be	7737
allocated as follows:	7738

(a) Capital gains or losses from the sale or other transfer	7739
of real property are allocable to this state if the property is	7740
located physically in this state.	7741

(b) Capital gains or losses from the sale or other transfer	7742
of tangible personal property are allocable to this state if, at	7743
the time of such sale or other transfer, the property had its	7744
physical location in this state.	7745

(c) Capital gains or losses from the sale or other transfer	7746
of intangible personal property are allocable to this state if the	7747
taxpayer's domicile was in this state at the time of such sale or	7748
other transfer.	7749

(3) All rents and royalties of real or tangible personal	7750
property shall be allocated to this state as follows:	7751

(a) Rents and royalties derived from real property are	7752
allocable to this state if the property is physically located in	7753
this state.	7754

(b) Rents and royalties derived from tangible personal	7755
property are allocable to this state to the extent that such	7756
property is utilized in this state.	7757

The extent of utilization of tangible personal property in a	7758
state is determined by multiplying the rents or royalties derived	7759
from such property by a fraction, the numerator of which is the	7760
number of days of physical location of the property in this state	7761
during the rental or royalty period in the taxable year and the	7762
denominator of which is the number of days of physical location of	7763
the property everywhere during all rental or royalty periods in	7764
the taxable year. If the physical location of the property during	7765
the rental or royalty period is unknown or unascertainable by the	7766
nonresident, tangible personal property is utilized in the state	7767
in which the property was located at the time the rental or	7768
royalty payor obtained possession.	7769

(4) All patent and copyright royalties shall be allocated to	7770
this state to the extent the patent or copyright was utilized by	7771
the payor in this state.	7772

A patent is utilized in a state to the extent that it is	7773
employed in production, fabrication, manufacturing, or other	7774
processing in the state, or to the extent that a patented product	7775
is produced in the state. If the basis of receipts from patent	7776
royalties does not permit allocation to states or if the	7777
accounting procedures do not reflect states of utilization, the	7778
patent is utilized in this state if the taxpayer's domicile was in	7779
this state at the time such royalties were paid or accrued.	7780

A copyright is utilized in a state to the extent that	7781
printing or other publication originates in the state. If the	7782
basis of receipts from copyright royalties does not permit	7783
allocation to states or if the accounting procedures do not	7784
reflect states of utilization, the copyright is utilized in this	7785
state if the taxpayer's domicile was in this state at the time	7786
such royalties were paid or accrued.	7787

(5)(a) All lottery prize awards paid by the state lottery	7788
commission pursuant to Chapter 3770. of the Revised Code shall be	7789
allocated to this state.	7790

(b) All earnings, profit, income, and gain from the sale,	7791
exchange, or other disposition of lottery prize awards paid or to	7792
be paid to any person by the state lottery commission pursuant to	7793
Chapter 3770. of the Revised Code shall be allocated to this	7794
state.	7795

(c) All earnings, profit, income, and gain from the direct or	7796
indirect ownership of lottery prize awards paid or to be paid to	7797
any person by the state lottery commission pursuant to Chapter	7798
3770. of the Revised Code shall be allocated to this state.	7799

(d) All earnings, profit, income, and gain from the direct or	7800
indirect interest in any right in or to any lottery prize awards	7801
paid or to be paid to any person by the state lottery commission	7802
pursuant to Chapter 3770. of the Revised Code shall be allocated	7803
to this state.	7804

(6) Any item of income or deduction which has been taken into	7805
account in the computation of adjusted gross income for the	7806
taxable year by a nonresident and which is not otherwise	7807
specifically allocated or apportioned pursuant to sections 5747.20	7808
to 5747.23 of the Revised Code, including, without limitation,	7809
interest, dividends and distributions, items of income taken into	7810
account under the provisions of sections 401 to 425 of the	7811
Internal Revenue Code, and benefit payments received by a	7812
beneficiary of a supplemental unemployment trust which is referred	7813
to in section 501(c)(17) of the Internal Revenue Code, shall not	7814
be allocated to this state unless the taxpayer's domicile was in	7815
this state at the time such income was paid or accrued.	7816

(7) All casino gaming winnings paid by any person licensed by	7817
the Ohio casino control commission shall be allocated to the	7818
state.	7819

(C) If an individual is a resident for part of the taxable	7820
year and a nonresident for the remainder of the taxable year, all	7821
items of nonbusiness income or deduction shall be allocated under	7822
division (A) of this section for the part of the taxable year that	7823
the individual is a resident and under division (B) of this	7824
section for the part of the taxable year that the individual is a	7825
nonresident.	7826

Sec. 5747.98. (A) To provide a uniform procedure for	7827
calculating the amount of tax due under section 5747.02 of the	7828
Revised Code, a taxpayer shall claim any credits to which the	7829
taxpayer is entitled in the following order:	7830

(1) The retirement income credit under division (B) of	7831
section 5747.055 of the Revised Code;	7832

(2) The senior citizen credit under division (C) of section	7833
5747.05 of the Revised Code;	7834

(3) The lump sum distribution credit under division (D) of	7835
section 5747.05 of the Revised Code;	7836

(4) The dependent care credit under section 5747.054 of the	7837
Revised Code;	7838

(5) The lump sum retirement income credit under division (C)	7839
of section 5747.055 of the Revised Code;	7840

(6) The lump sum retirement income credit under division (D)	7841
of section 5747.055 of the Revised Code;	7842

(7) The lump sum retirement income credit under division (E)	7843
of section 5747.055 of the Revised Code;	7844

(8) The low-income credit under section 5747.056 of the	7845
Revised Code;	7846

(9) The credit for displaced workers who pay for job training	7847
under section 5747.27 of the Revised Code;	7848

(10) The campaign contribution credit under section 5747.29	7849
of the Revised Code;	7850

(11) The twenty-dollar personal exemption credit under	7851
section 5747.022 of the Revised Code;	7852

(12) The joint filing credit under division (G) of section	7853
5747.05 of the Revised Code;	7854

(13) The nonresident credit under division (A) of section	7855
5747.05 of the Revised Code;	7856

(14) The credit for a resident's out-of-state income under	7857
division (B) of section 5747.05 of the Revised Code;	7858

(15) The credit for employers that enter into agreements with	7859
child day-care centers under section 5747.34 of the Revised Code;	7860

(16) The credit for employers that reimburse employee child	7861
care expenses under section 5747.36 of the Revised Code;	7862

(17) The credit for adoption of a minor child under section	7863
5747.37 of the Revised Code;	7864

(18) The credit for purchases of lights and reflectors under	7865
section 5747.38 of the Revised Code;	7866

(19) The job retention credit under division (B) of section	7867
5747.058 of the Revised Code;	7868

(20) The credit for selling alternative fuel under section	7869
5747.77 of the Revised Code;	7870

(21) The second credit for purchases of new manufacturing	7871
machinery and equipment and the credit for using Ohio coal under	7872
section 5747.31 of the Revised Code;	7873

(22) The job training credit under section 5747.39 of the	7874
Revised Code;	7875

(23) The enterprise zone credit under section 5709.66 of the	7876
Revised Code;	7877

(24) The credit for the eligible costs associated with a	7878
voluntary action under section 5747.32 of the Revised Code;	7879

(25) The credit for employers that establish on-site child	7880
day-care centers under section 5747.35 of the Revised Code;	7881

(26) The ethanol plant investment credit under section	7882
5747.75 of the Revised Code;	7883

(27) The credit for purchases of qualifying grape production	7884
property under section 5747.28 of the Revised Code;	7885

(28) The export sales credit under section 5747.057 of the	7886
Revised Code;	7887

(29) The credit for research and development and technology	7888
transfer investors under section 5747.33 of the Revised Code;	7889

(30) The enterprise zone credits under section 5709.65 of the	7890
Revised Code;	7891

(31) The research and development credit under section	7892
5747.331 of the Revised Code;	7893

(32) The credit for rehabilitating a historic building under	7894
section 5747.76 of the Revised Code;	7895

(33) The refundable credit for rehabilitating a historic	7896
building under section 5747.76 of the Revised Code;	7897

(34) The refundable jobs creation credit under division (A)	7898
of section 5747.058 of the Revised Code;	7899

(35) The refundable credit for taxes paid by a qualifying	7900
entity granted under section 5747.059 of the Revised Code;	7901

(36) The refundable credits for taxes paid by a qualifying	7902
pass-through entity granted under division (J) of section 5747.08	7903
of the Revised Code;	7904

(37) The refundable credit for tax withheld under division	7905
(B)(1) of section 5747.062 of the Revised Code;	7906

(38) The refundable credit for tax withheld under section	7907
5747.063 of the Revised Code;	7908

(39) The refundable credit under section 5747.80 of the	7909
Revised Code for losses on loans made to the Ohio venture capital	7910
program under sections 150.01 to 150.10 of the Revised Code;	7911

~~(39)~~(40) The refundable motion picture production credit	7912
under section 5747.66 of the Revised Code.	7913

(B) For any credit, except the refundable credits enumerated	7914
in this section and the credit granted under division (I) of	7915
section 5747.08 of the Revised Code, the amount of the credit for	7916
a taxable year shall not exceed the tax due after allowing for any	7917
other credit that precedes it in the order required under this	7918
section. Any excess amount of a particular credit may be carried	7919
forward if authorized under the section creating that credit.	7920
Nothing in this chapter shall be construed to allow a taxpayer to	7921
claim, directly or indirectly, a credit more than once for a	7922
taxable year.	7923

Sec. 5753.01. As used in Chapter 5753. of the Revised Code	7924
and for no other purpose under Title LVII of the Revised Code:	7925

(A) "Casino facility" has the same meaning as in section	7926
3772.01 of the Revised Code.	7927

(B) "Casino gaming" has the same meaning as in section	7928
3772.01 of the Revised Code.	7929

(C) "Casino operator" has the same meaning as in section	7930
3772.01 of the Revised Code.	7931

(D) "Gross casino revenue" means the total amount of money	7932
exchanged for the purchase of chips, tokens, tickets, electronic	7933
cards, or similar objects by casino patrons, less winnings paid to	7934
wagerers.	7935

(E) "Person" has the same meaning as in section 3772.01 of	7936
the Revised Code.	7937

(F) "Slot machine" has the same meaning as in section 3772.01	7938
of the Revised Code.	7939

(G) "Table game" has the same meaning as in section 3772.01	7940
of the Revised Code.	7941

(H) "Tax period" means one twenty-four-hour period with	7942
regard to which a casino operator is required to pay the tax	7943
levied by this chapter.	7944

Sec. 5753.02. For the purpose of funding the needs of	7945
cities, counties, public school districts, law enforcement, and	7946
the horse racing industry; funding efforts to alleviate problem	7947
gambling and substance abuse; defraying Ohio casino control	7948
commission operating costs; and defraying the costs of	7949
administering the tax, a tax is levied on the gross casino revenue	7950
received by a casino operator of a casino facility at the rate of	7951
thirty-three per cent of the casino operator's gross casino	7952
revenue at the casino facility. The tax is in addition to any	7953
other taxes or fees imposed under the Revised Code or other law	7954
and for which the casino operator is liable under Section 6(C)(2)	7955
of Article XV, Ohio Constitution.	7956

Sec. 5753.03. (A) For the purpose of receiving and	7957
distributing, and accounting for, revenue received from the tax	7958
levied by section 5753.02 of the Revised Code, the following funds	7959
are created in the state treasury:	7960

(1) The casino tax revenue fund;

7961

(2) The gross casino revenue county fund;

7962

(3) The gross casino revenue county student fund;

7963

(4) The gross casino revenue host city fund;

7964

(5) The Ohio state racing commission fund;

7965

(6) The Ohio law enforcement training fund;

7966

(7) The problem casino gambling and addictions fund;

7967

(8) The casino control commission fund;

7968

(9) The casino tax administration fund.

7969

(B) All moneys collected from the tax levied under this	7970
chapter shall be deposited into the casino tax revenue fund.	7971

(C) From the casino tax revenue fund the director of budget	7972
and management shall transfer as needed to the tax refund fund	7973
amounts equal to the refunds certified by the tax commissioner	7974
under section 5753.06 of the Revised Code.	7975

(D) After making any transfers required by division (C) of	7976
this section, but not later than the fifteenth day of the month	7977
following the end of each calendar quarter, the director of budget	7978
and management shall transfer amounts to each fund as follows:	7979

(1) Fifty-one per cent to the gross casino revenue county	7980
fund to make payments as required by Section 6(C)(3)(a) of Article	7981
XV, Ohio Constitution;	7982

(2) Thirty-four per cent to the gross casino revenue county	7983
student fund to make payments as required by Section 6(C)(3)(b) of	7984
Article XV, Ohio Constitution;	7985

(3) Five per cent to the gross casino revenue host city fund	7986
for the benefit of the cities in which casino facilities are	7987
located;	7988

(4) Three per cent to the Ohio state racing commission fund	7989
to support horse racing in this state at which the pari-mutuel	7990
system of wagering is conducted;	7991

(5) Two per cent to the Ohio law enforcement training fund to	7992
support law enforcement functions in the state;	7993

(6) Two per cent to the problem casino gambling and	7994
addictions fund to support efforts to alleviate problem gambling	7995
and substance abuse and related research in the state;	7996

(7) Three per cent to the casino control commission fund to	7997
support the operations of the Ohio casino control commission and	7998
to defray the cost of administering the tax levied under section	7999
5753.02 of the Revised Code.	8000

Payments under divisions (D)(1), (2), and (3) of this section	8001
shall be made by the end of the month following the end of the	8002
quarterly period. The tax commissioner shall make the data	8003
available to the director of budget and management for this	8004
purpose.	8005

Of the money credited to the Ohio law enforcement training	8006
fund, the director of budget and management shall distribute	8007
eighty-five per cent of the money to the Ohio peace officer	8008
training academy and fifteen per cent of the money to the division	8009
of criminal justice services.	8010

(E) The director of budget and management shall transfer one	8011
per cent of the money credited to the casino control commission	8012
fund to the casino tax administration fund. The tax commissioner	8013
shall use the casino tax administration fund to defray the costs	8014
incurred in administering the tax levied by this chapter.	8015

Sec. 5753.04. Daily each day banks are open for business,	8016
not later than noon, a casino operator shall file a return	8017
electronically with the tax commissioner. The return shall be in	8018
the form required by the tax commissioner, and shall reflect the	8019
relevant tax period. The return shall include, but is not limited	8020
to, the amount of the casino operator's gross casino revenue for	8021
the tax period and the amount of tax due under section 5753.02 of	8022
the Revised Code for the tax period. The casino operator shall	8023
remit electronically with the return the tax due.	8024

If the casino operator ceases to be a taxpayer at any time,	8025
the casino operator shall indicate the last date for which the	8026
casino operator was liable for the tax. The return shall include a	8027
space for this purpose.	8028

Sec. 5753.05. (A)(1) A casino operator who fails to file a	8029
return or to remit the tax due as required by section 5753.04 of	8030
the Revised Code shall pay a penalty not to exceed the greater of	8031
five hundred dollars or ten per cent of the tax due.	8032

(2) If the tax commissioner finds additional tax to be due,	8033
the tax commissioner may impose an additional penalty of up to	8034
fifteen per cent of the additional tax found to be due. A	8035
delinquent payment of tax made as the result of a notice or an	8036
audit is subject to the additional penalty imposed by this	8037
division.	8038

(3) If a casino operator fails to file a return	8039
electronically or to remit the tax electronically, the tax	8040
commissioner may impose an additional penalty of fifty dollars or	8041
ten per cent of the tax due as shown on the return, whichever is	8042
greater.	8043

(B) If the tax due under section 5753.02 of the Revised Code	8044
is not timely paid, the casino operator shall pay interest at the	8045
rate per annum prescribed in section 5703.47 of the Revised Code	8046
beginning on the day the tax was due through the day the tax is	8047
paid or an assessment is issued, whichever occurs first.	8048

(C) The tax commissioner shall collect any penalty or	8049
interest as if it were the tax levied by section 5753.02 of the	8050
Revised Code. Penalties and interest shall be treated as if they	8051
were revenue arising from the tax levied by section 5753.02 of the	8052
Revised Code.	8053

(D) The tax commissioner may abate all or a portion of any	8054
penalty imposed under this section and may adopt rules governing	8055
abatements.	8056

(E) If a casino operator fails to file a return or remit the	8057
tax due as required by section 5753.04 of the Revised Code within	8058
a period of one year after the due date for filing the return or	8059
remitting the tax, the Ohio casino control commission may suspend	8060
the casino operator's license.	8061

Sec. 5753.06. (A) A casino operator may apply to the tax	8062
commissioner for refund of the amount of taxes under section	8063
5753.02 of the Revised Code that were overpaid, paid illegally or	8064
erroneously, or paid on an illegal or erroneous assessment. The	8065
application shall be on a form prescribed by the tax commissioner.	8066
The casino operator shall provide the amount of the requested	8067
refund along with the claimed reasons for, and documentation to	8068
support, the issuance of a refund. The casino operator shall file	8069
the application with the tax commissioner within four years after	8070
the date the payment was made, unless the applicant has waived the	8071
time limitation under division (D) of section 5753.07 of the	8072
Revised Code. In the latter event, the four-year limitation is	8073
extended for the same period of time as the waiver.	8074

(B) Upon the filing of a refund application, the tax	8075
commissioner shall determine the amount of refund to which the	8076
applicant is entitled. If the amount is not less than that	8077
claimed, the tax commissioner shall certify the amount to the	8078
director of budget and management and treasurer of state for	8079
payment from the tax refund fund. If the amount is less than that	8080
claimed, the tax commissioner shall proceed under section 5703.70	8081
of the Revised Code.	8082

(C) Interest on a refund applied for under this section,	8083
computed at the rate provided for in section 5703.47 of the	8084
Revised Code, shall be allowed from the later of the date the tax	8085
was due or the date payment of the tax was made. Except as	8086
provided in section 5753.07 of the Revised Code, the tax	8087
commissioner may, with the consent of the casino operator, provide	8088
for crediting against the tax due for a tax period, the amount of	8089
any refund due the casino operator for a preceding tax period.	8090

(D) Refunds under this section are subject to offset under	8091
section 5753.061 of the Revised Code.	8092

Sec. 5753.061. As used in this section, "debt to the state"	8093
means unpaid taxes that are due the state, unpaid workers'	8094
compensation premiums that are due, unpaid unemployment	8095
compensation contributions that are due, unpaid unemployment	8096
compensation payments in lieu of contributions that are due,	8097
unpaid fees payable to the state or to the clerk of courts under	8098
section 4505.06 of the Revised Code, incorrect medical assistance	8099
payments, or any unpaid charge, penalty, or interest arising from	8100
any of the foregoing. A debt to the state is not a "debt to the	8101
state" as used in this section unless the liability underlying the	8102
debt to the state has become incontestable because the time for	8103
appealing, reconsidering, reassessing, or otherwise questioning	8104
the liability has expired or the liability has been finally	8105
determined to be valid.	8106

If a casino operator who is entitled to a refund under	8107
section 5753.06 of the Revised Code owes a debt to the state, the	8108
amount refundable may be applied in satisfaction of the debt to	8109
the state. If the amount refundable is less than the amount of the	8110
debt to the state, the amount refundable may be applied in partial	8111
satisfaction of the debt. If the amount refundable is greater than	8112
the amount of the debt, the amount refundable remaining after	8113
satisfaction of the debt shall be refunded to the casino operator.	8114

Sec. 5753.07. (A)(1) The tax commissioner may issue an	8115
assessment, based on any information in the tax commissioner's	8116
possession, against a casino operator who fails to pay the tax	8117
levied under section 5753.02 of the Revised Code or to file a	8118
return under section 5753.04 of the Revised Code. The tax	8119
commissioner shall give the casino operator written notice of the	8120
assessment under section 5703.37 of the Revised Code. With the	8121
notice, the tax commissioner shall include instructions on how to	8122
petition for reassessment and on how to request a hearing with	8123
respect to the petition.	8124

(2) Unless the casino operator, within sixty days after	8125
service of the notice of assessment, files with the tax	8126
commissioner, either personally or by certified mail, a written	8127
petition signed by the casino operator, or by the casino	8128
operator's authorized agent who has knowledge of the facts, the	8129
assessment becomes final, and the amount of the assessment is due	8130
and payable from the casino operator to the treasurer of state.	8131
The petition shall indicate the casino operator's objections to	8132
the assessment. Additional objections may be raised in writing if	8133
they are received by the tax commissioner before the date shown on	8134
the final determination.	8135

(3) If a petition for reassessment has been properly filed,	8136
the tax commissioner shall proceed under section 5703.60 of the	8137
Revised Code.	8138

(4) After an assessment becomes final, if any portion of the	8139
assessment, including penalties and accrued interest, remains	8140
unpaid, the tax commissioner may file a certified copy of the	8141
entry making the assessment final in the office of the clerk of	8142
the court of common pleas of Franklin county or in the office of	8143
the clerk of the court of common pleas of the county in which the	8144
casino operator resides, the casino operator's casino facility is	8145
located, or the casino operator's principal place of business in	8146
this state is located. Immediately upon the filing of the entry,	8147
the clerk shall enter a judgment for the state against the	8148
taxpayer assessed in the amount shown on the entry. The judgment	8149
may be filed by the clerk in a loose-leaf book entitled, "special	8150
judgments for the gross casino revenue tax." The judgment has the	8151
same effect as other judgments. Execution shall issue upon the	8152
judgment at the request of the tax commissioner, and all laws	8153
applicable to sales on execution apply to sales made under the	8154
judgment.	8155

(5) The portion of an assessment not paid within sixty days	8156
after the day the assessment was issued bears interest at the rate	8157
per annum prescribed by section 5703.47 of the Revised Code from	8158
the day the tax commissioner issued the assessment until the	8159
assessment is paid. Interest shall be paid in the same manner as	8160
the tax levied under section 5753.02 of the Revised Code and may	8161
be collected by the issuance of an assessment under this section.	8162

(B) If the tax commissioner believes that collection of the	8163
tax levied under section 5753.02 of the Revised Code will be	8164
jeopardized unless proceedings to collect or secure collection of	8165
the tax are instituted without delay, the commissioner may issue a	8166
jeopardy assessment against the casino operator who is liable for	8167
the tax. Immediately upon the issuance of a jeopardy assessment,	8168
the tax commissioner shall file an entry with the clerk of the	8169
court of common pleas in the manner prescribed by division (A)(4)	8170
of this section, and the clerk shall proceed as directed in that	8171
division. Notice of the jeopardy assessment shall be served on the	8172
casino operator or the casino operator's authorized agent under	8173
section 5703.37 of the Revised Code within five days after the	8174
filing of the entry with the clerk. The total amount assessed is	8175
immediately due and payable, unless the casino operator assessed	8176
files a petition for reassessment under division (A)(2) of this	8177
section and provides security in a form satisfactory to the tax	8178
commissioner that is in an amount sufficient to satisfy the unpaid	8179
balance of the assessment. If a petition for reassessment has been	8180
filed, and if satisfactory security has been provided, the tax	8181
commissioner shall proceed under division (A)(3) of this section.	8182
Full or partial payment of the assessment does not prejudice the	8183
tax commissioner's consideration of the petition for reassessment.	8184

(C) The tax commissioner shall immediately forward to the	8185
treasurer of state all amounts the tax commissioner receives under	8186
this section, and the amounts forwarded shall be treated as if	8187
they were revenue arising from the tax levied under section	8188
5753.02 of the Revised Code.	8189

(D) Except as otherwise provided in this division, no	8190
assessment shall be issued against a casino operator for the tax	8191
levied under section 5753.02 of the Revised Code more than four	8192
years after the due date for filing the return for the tax period	8193
for which the tax was reported, or more than four years after the	8194
return for the tax period was filed, whichever is later. This	8195
division does not bar an assessment against a casino operator who	8196
fails to file a return as required by section 5753.04 of the	8197
Revised Code or who files a fraudulent return, or when the casino	8198
operator and the tax commissioner waive in writing the time	8199
limitation.	8200

(E) If the tax commissioner possesses information that	8201
indicates that the amount of tax a casino operator is liable to	8202
pay under section 5753.02 of the Revised Code exceeds the amount	8203
the casino operator paid, the tax commissioner may audit a sample	8204
of the casino operator's gross casino revenue over a	8205
representative period of time to ascertain the amount of tax due,	8206
and may issue an assessment based on the audit. The tax	8207
commissioner shall make a good faith effort to reach agreement	8208
with the casino operator in selecting a representative sample. The	8209
tax commissioner may apply a sampling method only if the tax	8210
commissioner has prescribed the method by rule.	8211

(F) If the whereabouts of a casino operator who is liable for	8212
the tax levied under section 5753.02 of the Revised Code are	8213
unknown to the tax commissioner, the tax commissioner shall	8214
proceed under section 5703.37 of the Revised Code.	8215

(G) If a casino operator fails to pay the tax levied under	8216
section 5753.02 of the Revised Code within a period of one year	8217
after the due date for remitting the tax, the Ohio casino control	8218
commission may suspend the casino operator's license.	8219

Sec. 5753.08. If a casino operator who is liable for the tax	8220
levied under section 5753.02 of the Revised Code sells the casino	8221
facility, disposes of the casino facility in any manner other than	8222
in the regular course of business, or quits the casino gaming	8223
business, any tax owed by that person becomes immediately due and	8224
payable, and the person shall pay the tax due, including any	8225
applicable penalties and interest. The person's successor shall	8226
withhold a sufficient amount of the purchase money to cover the	8227
amounts due and unpaid until the predecessor produces a receipt	8228
from the tax commissioner showing that the amounts due have been	8229
paid or a certificate indicating that no taxes are due. If the	8230
successor fails to withhold purchase money, the successor is	8231
personally liable, up to the purchase money amount, for amounts	8232
that were unpaid during the operation of the business by the	8233
predecessor.	8234

Sec. 5753.09. The tax commissioner shall administer and	8235
enforce this chapter. In addition to any other powers conferred	8236
upon the tax commissioner by law, the tax commissioner may:	8237

(A) Prescribe all forms that are required to be filed under	8238
this chapter;	8239

(B) Adopt rules that are necessary and proper to carry out	8240
this chapter; and	8241

(C) Appoint professional, technical, and clerical employees	8242
as are necessary to carry out the tax commissioner's duties under	8243
this chapter.	8244

Sec. 5753.10. The tax commissioner may prescribe	8245
requirements for the keeping of records and pertinent documents,	8246
for the filing of copies of federal income tax returns and	8247
determinations, and for computations reconciling federal income	8248
tax returns with the return required by section 5753.04 of the	8249
Revised Code. The tax commissioner may require a casino operator,	8250
by rule or by notice served on the casino operator, to keep	8251
records and other documents that the tax commissioner considers	8252
necessary to show the extent to which the casino operator is	8253
subject to this chapter. The records and other documents shall be	8254
open to inspection by the tax commissioner during business hours,	8255
and shall be preserved for a period of four years unless the tax	8256
commissioner, in writing, consents to their destruction within	8257
that period, or by order served on the casino operator requires	8258
that they be kept longer. If the records are normally kept	8259
electronically by the casino operator, the casino operator shall	8260
provide the records to the tax commissioner electronically at the	8261
tax commissioner's request.	8262

Any information required by the tax commissioner under this	8263
section is confidential under section 5703.21 of the Revised Code.	8264

Section 2. That existing sections 101.70, 102.02, 102.03,	8265
109.31, 109.572, 109.71, 109.77, 109.79, 121.41, 121.60, 1705.48,	8266
2915.01, 2915.02, 2915.081, 2915.082, 2915.09, 2915.091, 2915.101,	8267
3793.02, 4301.355, 4301.62, 4303.181, 4303.182, 4303.30, 5502.03,	8268
5703.052, 5703.19, 5703.21, 5703.70, 5747.01, 5747.02, 5747.20,	8269
and 5747.98 of the Revised Code are hereby repealed.	8270

Section 3. The first return filed under section 5753.04 of	8271
the Revised Code shall reflect the tax period consisting of or	8272
beginning on the day on which operations of the casino facility	8273
commence.	8274

Section 4. The amendment to section 5747.01 of the Revised	8275
Code, allowing a deduction, to the extent not otherwise deducted	8276
or excluded in computing federal or Ohio adjusted gross income for	8277
the taxable year, of any loss from wagering transactions that is	8278
allowed as an itemized deduction under section 165 of the Internal	8279
Revenue Code and that the taxpayer deducted in computing federal	8280
taxable income, first applies in tax year 2013.	8281

Section 5. (A) The joint committee on bingo and skill-based	8282
gaming is established. The committee consists of ten members. The	8283
speaker of the house of representatives shall appoint to the	8284
committee five members of the house of representatives and the	8285
president of the senate shall appoint to the committee five	8286
members of the senate. Not more than three members appointed from	8287
each chamber may be members of the same political party. The	8288
speaker of the house of representatives and the president of the	8289
senate shall each select one member to serve as a co-chairperson.	8290

(B) The committee shall:

8291

(1) Review and evaluate all existing statutes and rules	8292
governing the operation and conduct of bingo, instant bingo, and	8293
skill-based amusement machines and recommend to the general	8294
assembly any benefits that would relate to the commission	8295
overseeing the operation and conduct of bingo, instant bingo, and	8296
skill-based amusement machines.	8297

(2) Make and submit a report of its findings and	8298
recommendations to the General Assembly by December 31, 2010.	8299

8300

Section 6. The General Assembly, applying the principle	8301
stated in division (B) of section 1.52 of the Revised Code that	8302
amendments are to be harmonized if reasonably capable of	8303
simultaneous operation, finds that the following sections,	8304
presented in this act as composites of the sections as amended by	8305
the acts indicated, are the resulting versions of the sections in	8306
effect before the effective date of the sections as presented in	8307
this act:	8308

Section 109.572 of the Revised Code as amended by both Am.	8309
Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	8310

Section 109.77 of the Revised Code as amended by both Am.	8311
Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	8312

Section 4301.62 of the Revised Code as amended by both Am.	8313
Sub. H.B. 562 and Sub. S.B. 150 of the 127th General Assembly.	8314