S. B. No. 263 As Introduced

As Introduced

128th General Assembly

Regular Session

2009-2010

S. B. No. 263

Senator Faber

Cosponsors: Senators Niehaus, Goodman

A BILL

To amend sections 101.70, 102.02, 102.03, 109.572,

109.71, 109.77, 109.79, 121.60, 126.45, 1705.48,

3793.02, 4301.355, 4301.62, 4303.181, 4303.182,

4303.30, 5502.03, 5703.052, 5703.19, 5703.21,

5703.70, and 5747.02, and to enact sections

121.54, 3517.1015, 3769.081, 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 to 3772.09, 3772.091, 3772.10, 3772.11,

3772.111, 3772.112, 3772.12, 3772.121, 3772.13,

3772.131, 3772.14 to 3772.34, 3772.99, 3793.032,

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).

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

Section 1. That sections 101.70, 102.02, 102.03, 109.572,	17
109.71, 109.77, 109.79, 121.60, 126.45, 1705.48, 3793.02,	18
4301.355, 4301.62, 4303.181, 4303.182, 4303.30, 5502.03, 5703.052,	19
5703.19, 5703.21, 5703.70, and 5747.02 be amended and sections	20
121.54, 3517.1015, 3769.081, 3772.01, 3772.02, 3772.03, 3772.031,	21
3772.032, 3772.033, 3772.034, 3772.04, 3772.05, 3772.051, 3772.06,	22
3772.061, 3772.062, 3772.07, 3772.08, 3772.09, 3772.091, 3772.10,	23
3772.11, 3772.111, 3772.112, 3772.12, 3772.121, 3772.13, 3772.131,	24
3772.14, 3772.15, 3772.16, 3772.17, 3772.18, 3772.19, 3772.20,	25
3772.21, 3772.22, 3772.23, 3772.24, 3772.25, 3772.26, 3772.27,	26
3772.28, 3772.29, 3772.30, 3772.31, 3772.32, 3772.33, 3772.34,	27
3772.99, 3793.032, 5753.01, 5753.02, 5753.03, 5753.04, 5753.05,	28
5753.06, 5753.061, 5753.07, 5753.08, 5753.09, and 5753.10 of the	29
Revised Code be enacted to read as follows:	30

Sec. 101.70. As used in sections 101.70 to 101.79 and 101.99	31
of the Revised Code:	32

(A) "Person" means any individual, partnership, trust,	33
estate, business trust, association, or corporation; any labor	34
organization or manufacturer association; any department,	35
commission, board, publicly supported college or university,	36
division, institution, bureau, or other instrumentality of the	37
state; or any county, township, municipal corporation, school	38
district, or other political subdivision of the state. "Person"	39
includes the Ohio casino control commission, a member of the	40
commission, the executive director of the commission, an employee	41
of the commission, and an agent of the commission.	42

(B) "Legislation" means bills, resolutions, amendments,	43
nominations, and any other matter pending before the general	44
assembly, any matter pending before the controlling board, or the	45
executive approval or veto of any bill acted upon by the general	46
assembly.	47

(C) "Compensation" means a salary, gift, payment, benefit,	48
subscription, loan, advance, reimbursement, or deposit of money or	49
anything of value; or a contract, promise, or agreement, whether	50
or not legally enforceable, to make compensation.	51

(D) "Expenditure" means any of the following that is made to,	52
at the request of, for the benefit of, or on behalf of any member	53
of the general assembly, any member of the controlling board, the	54
governor, the director of a department created under section	55
121.02 of the Revised Code, or any member of the staff of any	56
public officer or employee listed in this division:	57

(1) A payment, distribution, loan, advance, deposit,	58
reimbursement, or gift of money, real estate, or anything of	59
value, including, but not limited to, food and beverages,	60
entertainment, lodging, or transportation;	61

(2) A contract, promise, or agreement to make an expenditure,	62
whether or not legally enforceable;	63

(3) The purchase, sale, or gift of services or any other	64
thing of value.	65

"Expenditure" does not include a contribution, gift, or grant to a	66
foundation or other charitable organization that is exempt from	67
federal income taxation under subsection 501(c)(3) of the Internal	68
Revenue Code. "Expenditure" does not include the purchase, sale,	69
or gift of services or any other thing of value that is available	70
to the general public on the same terms as it is available to the	71
persons listed in this division, or an offer or sale of securities	72
to any person listed in this division that is governed by	73
regulation D, 17 C.F.R. ~~2301.501~~ 230.501 to ~~2301.508~~ 230.508,	74
adopted under the authority of the "Securities Act of 1933," 48	75
Stat. 74, 15 U.S.C.A. and following, or that is governed by a	76
comparable provision under state law.	77

(E) "Actively advocate" means to promote, advocate, or oppose	78
the passage, modification, defeat, or executive approval or veto	79
of any legislation by direct communication with any member of the	80
general assembly, any member of the controlling board, the	81
governor, the director of any department listed in section 121.02	82
of the Revised Code, or any member of the staff of any public	83
officer or employee listed in this division. "Actively advocate"	84
does not include the action of any person not engaged by an	85
employer who has a direct interest in legislation if the person,	86
acting under Section 3 of Article I, Ohio Constitution, assembles	87
together with other persons to consult for their common good,	88
instructs a public officer or employee who is listed in this	89
division, or petitions that public officer or employee for the	90
redress of grievances.	91

(F) "Legislative agent" means any individual, except a member	92
of the general assembly, a member of the staff of the general	93
assembly, the governor, lieutenant governor, attorney general,	94
secretary of state, treasurer of state, or auditor of state, who	95
is engaged during at least a portion of ~~his~~the individual's time	96
to actively advocate as one of ~~his~~the individual's main purposes.	97
An individual engaged by the Ohio casino control commission, a	98
member of the commission, the executive director of the	99
commission, or an employee or agent of the commission to actively	100
advocate is a "legislative agent" even if the individual does not	101
during at least a portion of the individual's time actively	102
advocate as one of the individual's main purposes.	103

(G) "Employer" means any person who, directly or indirectly,	104
engages a legislative agent.	105

(H) "Engage" means to make any arrangement, and "engagement"	106
means any arrangement, whereby an individual is employed or	107
retained for compensation to act for or on behalf of an employer	108
to actively advocate.	109

(I) "Financial transaction" means a transaction or activity	110
that is conducted or undertaken for profit and arises from the	111
joint ownership or the ownership or part ownership in common of	112
any real or personal property or any commercial or business	113
enterprise of whatever form or nature between the following:	114

(1) A legislative agent, ~~his~~an employer of a legislative	115
agent, or a member of the immediate family of the legislative	116
agent or ~~his~~a legislative agent's employer; and	117

(2) Any member of the general assembly, any member of the	118
controlling board, the governor, the director of a department	119
created under section 121.02 of the Revised Code, or any member of	120
the staff of a public officer or employee listed in division	121
(I)(2) of this section.	122

"Financial transaction" does not include any transaction or	123
activity described in division (I) of this section if it is	124
available to the general public on the same terms, or if it is an	125
offer or sale of securities to any person listed in division	126
(I)(2) of this section that is governed by regulation D, 17 C.F.R.	127
~~2301.501~~230.501 to ~~2301.508~~230.508, adopted under the authority	128
of the "Securities Act of 1933," 48 Stat. 74, 15 U.S.C.A. and	129
following, or that is governed by a comparable provision under	130
state law.	131

(J) "Staff" means any state employee whose official duties	132
are to formulate policy and who exercises administrative or	133
supervisory authority or who authorizes the expenditure of state	134
funds.	135

Sec. 102.02. (A) Except as otherwise provided in division	136
(H) of this section, all of the following shall file with the	137
appropriate ethics commission the disclosure statement described	138
in this division on a form prescribed by the appropriate	139
commission: every person who is elected to or is a candidate for a	140
state, county, or city office and every person who is appointed to	141
fill a vacancy for an unexpired term in such an elective office;	142
all members of the state board of education; the director,	143
assistant directors, deputy directors, division chiefs, or persons	144
of equivalent rank of any administrative department of the state;	145
the president or other chief administrative officer of every state	146
institution of higher education as defined in section 3345.011 of	147
the Revised Code; the executive director and the members of the	148
capitol square review and advisory board appointed or employed	149
pursuant to section 105.41 of the Revised Code; all members of the	150
Ohio casino control commission, the executive director of the	151
commission, all professional employees of the commission, and all	152
technical employees of the commission who perform an internal	153
audit function; the chief executive officer and the members of the	154
board of each state retirement system; each employee of a state	155
retirement board who is a state retirement system investment	156
officer licensed pursuant to section 1707.163 of the Revised Code;	157
the members of the Ohio retirement study council appointed	158
pursuant to division (C) of section 171.01 of the Revised Code;	159
employees of the Ohio retirement study council, other than	160
employees who perform purely administrative or clerical functions;	161
the administrator of workers' compensation and each member of the	162
bureau of workers' compensation board of directors; the bureau of	163
workers' compensation director of investments; the chief	164
investment officer of the bureau of workers' compensation; the	165
director appointed by the workers' compensation council; all	166
members of the board of commissioners on grievances and discipline	167
of the supreme court and the ethics commission created under	168
section 102.05 of the Revised Code; every business manager,	169
treasurer, or superintendent of a city, local, exempted village,	170
joint vocational, or cooperative education school district or an	171
educational service center; every person who is elected to or is a	172
candidate for the office of member of a board of education of a	173
city, local, exempted village, joint vocational, or cooperative	174
education school district or of a governing board of an	175
educational service center that has a total student count of	176
twelve thousand or more as most recently determined by the	177
department of education pursuant to section 3317.03 of the Revised	178
Code; every person who is appointed to the board of education of a	179
municipal school district pursuant to division (B) or (F) of	180
section 3311.71 of the Revised Code; all members of the board of	181
directors of a sanitary district that is established under Chapter	182
6115. of the Revised Code and organized wholly for the purpose of	183
providing a water supply for domestic, municipal, and public use,	184
and that includes two municipal corporations in two counties;	185
every public official or employee who is paid a salary or wage in	186
accordance with schedule C of section 124.15 or schedule E-2 of	187
section 124.152 of the Revised Code; members of the board of	188
trustees and the executive director of the southern Ohio	189
agricultural and community development foundation; all members	190
appointed to the Ohio livestock care standards board under section	191
904.02 of the Revised Code; and every other public official or	192
employee who is designated by the appropriate ethics commission	193
pursuant to division (B) of this section.	194

The disclosure statement shall include all of the following:

195

(1) The name of the person filing the statement and each	196
member of the person's immediate family and all names under which	197
the person or members of the person's immediate family do	198
business;	199

(2)(a) Subject to divisions (A)(2)(b) and (c) of this section	200
and except as otherwise provided in section 102.022 of the Revised	201
Code, identification of every source of income, other than income	202
from a legislative agent identified in division (A)(2)(b) of this	203
section, received during the preceding calendar year, in the	204
person's own name or by any other person for the person's use or	205
benefit, by the person filing the statement, and a brief	206
description of the nature of the services for which the income was	207
received. If the person filing the statement is a member of the	208
general assembly, the statement shall identify the amount of every	209
source of income received in accordance with the following ranges	210
of amounts: zero or more, but less than one thousand dollars; one	211
thousand dollars or more, but less than ten thousand dollars; ten	212
thousand dollars or more, but less than twenty-five thousand	213
dollars; twenty-five thousand dollars or more, but less than fifty	214
thousand dollars; fifty thousand dollars or more, but less than	215
one hundred thousand dollars; and one hundred thousand dollars or	216
more. Division (A)(2)(a) of this section shall not be construed to	217
require a person filing the statement who derives income from a	218
business or profession to disclose the individual items of income	219
that constitute the gross income of that business or profession,	220
except for those individual items of income that are attributable	221
to the person's or, if the income is shared with the person, the	222
partner's, solicitation of services or goods or performance,	223
arrangement, or facilitation of services or provision of goods on	224
behalf of the business or profession of clients, including	225
corporate clients, who are legislative agents. A person who files	226
the statement under this section shall disclose the identity of	227
and the amount of income received from a person who the public	228
official or employee knows or has reason to know is doing or	229
seeking to do business of any kind with the public official's or	230
employee's agency.	231

(b) If the person filing the statement is a member of the	232
general assembly, the statement shall identify every source of	233
income and the amount of that income that was received from a	234
legislative agent during the preceding calendar year, in the	235
person's own name or by any other person for the person's use or	236
benefit, by the person filing the statement, and a brief	237
description of the nature of the services for which the income was	238
received. Division (A)(2)(b) of this section requires the	239
disclosure of clients of attorneys or persons licensed under	240
section 4732.12 of the Revised Code, or patients of persons	241
certified under section 4731.14 of the Revised Code, if those	242
clients or patients are legislative agents. Division (A)(2)(b) of	243
this section requires a person filing the statement who derives	244
income from a business or profession to disclose those individual	245
items of income that constitute the gross income of that business	246
or profession that are received from legislative agents.	247

(c) Except as otherwise provided in division (A)(2)(c) of	248
this section, division (A)(2)(a) of this section applies to	249
attorneys, physicians, and other persons who engage in the	250
practice of a profession and who, pursuant to a section of the	251
Revised Code, the common law of this state, a code of ethics	252
applicable to the profession, or otherwise, generally are required	253
not to reveal, disclose, or use confidences of clients, patients,	254
or other recipients of professional services except under	255
specified circumstances or generally are required to maintain	256
those types of confidences as privileged communications except	257
under specified circumstances. Division (A)(2)(a) of this section	258
does not require an attorney, physician, or other professional	259
subject to a confidentiality requirement as described in division	260
(A)(2)(c) of this section to disclose the name, other identity, or	261
address of a client, patient, or other recipient of professional	262
services if the disclosure would threaten the client, patient, or	263
other recipient of professional services, would reveal details of	264
the subject matter for which legal, medical, or professional	265
advice or other services were sought, or would reveal an otherwise	266
privileged communication involving the client, patient, or other	267
recipient of professional services. Division (A)(2)(a) of this	268
section does not require an attorney, physician, or other	269
professional subject to a confidentiality requirement as described	270
in division (A)(2)(c) of this section to disclose in the brief	271
description of the nature of services required by division	272
(A)(2)(a) of this section any information pertaining to specific	273
professional services rendered for a client, patient, or other	274
recipient of professional services that would reveal details of	275
the subject matter for which legal, medical, or professional	276
advice was sought or would reveal an otherwise privileged	277
communication involving the client, patient, or other recipient of	278
professional services.	279

(3) The name of every corporation on file with the secretary	280
of state that is incorporated in this state or holds a certificate	281
of compliance authorizing it to do business in this state, trust,	282
business trust, partnership, or association that transacts	283
business in this state in which the person filing the statement or	284
any other person for the person's use and benefit had during the	285
preceding calendar year an investment of over one thousand dollars	286
at fair market value as of the thirty-first day of December of the	287
preceding calendar year, or the date of disposition, whichever is	288
earlier, or in which the person holds any office or has a	289
fiduciary relationship, and a description of the nature of the	290
investment, office, or relationship. Division (A)(3) of this	291
section does not require disclosure of the name of any bank,	292
savings and loan association, credit union, or building and loan	293
association with which the person filing the statement has a	294
deposit or a withdrawable share account.	295

(4) All fee simple and leasehold interests to which the	296
person filing the statement holds legal title to or a beneficial	297
interest in real property located within the state, excluding the	298
person's residence and property used primarily for personal	299
recreation;	300

(5) The names of all persons residing or transacting business	301
in the state to whom the person filing the statement owes, in the	302
person's own name or in the name of any other person, more than	303
one thousand dollars. Division (A)(5) of this section shall not be	304
construed to require the disclosure of debts owed by the person	305
resulting from the ordinary conduct of a business or profession or	306
debts on the person's residence or real property used primarily	307
for personal recreation, except that the superintendent of	308
financial institutions shall disclose the names of all	309
state-chartered savings and loan associations and of all service	310
corporations subject to regulation under division (E)(2) of	311
section 1151.34 of the Revised Code to whom the superintendent in	312
the superintendent's own name or in the name of any other person	313
owes any money, and that the superintendent and any deputy	314
superintendent of banks shall disclose the names of all	315
state-chartered banks and all bank subsidiary corporations subject	316
to regulation under section 1109.44 of the Revised Code to whom	317
the superintendent or deputy superintendent owes any money.	318

(6) The names of all persons residing or transacting business	319
in the state, other than a depository excluded under division	320
(A)(3) of this section, who owe more than one thousand dollars to	321
the person filing the statement, either in the person's own name	322
or to any person for the person's use or benefit. Division (A)(6)	323
of this section shall not be construed to require the disclosure	324
of clients of attorneys or persons licensed under section 4732.12	325
or 4732.15 of the Revised Code, or patients of persons certified	326
under section 4731.14 of the Revised Code, nor the disclosure of	327
debts owed to the person resulting from the ordinary conduct of a	328
business or profession.	329

(7) Except as otherwise provided in section 102.022 of the	330
Revised Code, the source of each gift of over seventy-five	331
dollars, or of each gift of over twenty-five dollars received by a	332
member of the general assembly from a legislative agent, received	333
by the person in the person's own name or by any other person for	334
the person's use or benefit during the preceding calendar year,	335
except gifts received by will or by virtue of section 2105.06 of	336
the Revised Code, or received from spouses, parents, grandparents,	337
children, grandchildren, siblings, nephews, nieces, uncles, aunts,	338
brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law,	339
fathers-in-law, mothers-in-law, or any person to whom the person	340
filing the statement stands in loco parentis, or received by way	341
of distribution from any inter vivos or testamentary trust	342
established by a spouse or by an ancestor;	343

(8) Except as otherwise provided in section 102.022 of the	344
Revised Code, identification of the source and amount of every	345
payment of expenses incurred for travel to destinations inside or	346
outside this state that is received by the person in the person's	347
own name or by any other person for the person's use or benefit	348
and that is incurred in connection with the person's official	349
duties, except for expenses for travel to meetings or conventions	350
of a national or state organization to which any state agency,	351
including, but not limited to, any legislative agency or state	352
institution of higher education as defined in section 3345.011 of	353
the Revised Code, pays membership dues, or any political	354
subdivision or any office or agency of a political subdivision	355
pays membership dues;	356

(9) Except as otherwise provided in section 102.022 of the	357
Revised Code, identification of the source of payment of expenses	358
for meals and other food and beverages, other than for meals and	359
other food and beverages provided at a meeting at which the person	360
participated in a panel, seminar, or speaking engagement or at a	361
meeting or convention of a national or state organization to which	362
any state agency, including, but not limited to, any legislative	363
agency or state institution of higher education as defined in	364
section 3345.011 of the Revised Code, pays membership dues, or any	365
political subdivision or any office or agency of a political	366
subdivision pays membership dues, that are incurred in connection	367
with the person's official duties and that exceed one hundred	368
dollars aggregated per calendar year;	369

(10) If the disclosure statement is filed by a public	370
official or employee described in division (B)(2) of section	371
101.73 of the Revised Code or division (B)(2) of section 121.63 of	372
the Revised Code who receives a statement from a legislative	373
agent, executive agency lobbyist, or employer that contains the	374
information described in division (F)(2) of section 101.73 of the	375
Revised Code or division (G)(2) of section 121.63 of the Revised	376
Code, all of the nondisputed information contained in the	377
statement delivered to that public official or employee by the	378
legislative agent, executive agency lobbyist, or employer under	379
division (F)(2) of section 101.73 or (G)(2) of section 121.63 of	380
the Revised Code.	381

A person may file a statement required by this section in	382
person or by mail. A person who is a candidate for elective office	383
shall file the statement no later than the thirtieth day before	384
the primary, special, or general election at which the candidacy	385
is to be voted on, whichever election occurs soonest, except that	386
a person who is a write-in candidate shall file the statement no	387
later than the twentieth day before the earliest election at which	388
the person's candidacy is to be voted on. A person who holds	389
elective office shall file the statement on or before the	390
fifteenth day of April of each year unless the person is a	391
candidate for office. A person who is appointed to fill a vacancy	392
for an unexpired term in an elective office shall file the	393
statement within fifteen days after the person qualifies for	394
office. Other persons shall file an annual statement on or before	395
the fifteenth day of April or, if appointed or employed after that	396
date, within ninety days after appointment or employment. No	397
person shall be required to file with the appropriate ethics	398
commission more than one statement or pay more than one filing fee	399
for any one calendar year.	400

The appropriate ethics commission, for good cause, may extend	401
for a reasonable time the deadline for filing a statement under	402
this section.	403

A statement filed under this section is subject to public	404
inspection at locations designated by the appropriate ethics	405
commission except as otherwise provided in this section.	406

(B) The Ohio ethics commission, the joint legislative ethics	407
committee, and the board of commissioners on grievances and	408
discipline of the supreme court, using the rule-making procedures	409
of Chapter 119. of the Revised Code, may require any class of	410
public officials or employees under its jurisdiction and not	411
specifically excluded by this section whose positions involve a	412
substantial and material exercise of administrative discretion in	413
the formulation of public policy, expenditure of public funds,	414
enforcement of laws and rules of the state or a county or city, or	415
the execution of other public trusts, to file an annual statement	416
on or before the fifteenth day of April under division (A) of this	417
section. The appropriate ethics commission shall send the public	418
officials or employees written notice of the requirement by the	419
fifteenth day of February of each year the filing is required	420
unless the public official or employee is appointed after that	421
date, in which case the notice shall be sent within thirty days	422
after appointment, and the filing shall be made not later than	423
ninety days after appointment.	424

Except for disclosure statements filed by members of the	425
board of trustees and the executive director of the southern Ohio	426
agricultural and community development foundation, disclosure	427
statements filed under this division with the Ohio ethics	428
commission by members of boards, commissions, or bureaus of the	429
state for which no compensation is received other than reasonable	430
and necessary expenses shall be kept confidential. Disclosure	431
statements filed with the Ohio ethics commission under division	432
(A) of this section by business managers, treasurers, and	433
superintendents of city, local, exempted village, joint	434
vocational, or cooperative education school districts or	435
educational service centers shall be kept confidential, except	436
that any person conducting an audit of any such school district or	437
educational service center pursuant to section 115.56 or Chapter	438
117. of the Revised Code may examine the disclosure statement of	439
any business manager, treasurer, or superintendent of that school	440
district or educational service center. The Ohio ethics commission	441
shall examine each disclosure statement required to be kept	442
confidential to determine whether a potential conflict of interest	443
exists for the person who filed the disclosure statement. A	444
potential conflict of interest exists if the private interests of	445
the person, as indicated by the person's disclosure statement,	446
might interfere with the public interests the person is required	447
to serve in the exercise of the person's authority and duties in	448
the person's office or position of employment. If the commission	449
determines that a potential conflict of interest exists, it shall	450
notify the person who filed the disclosure statement and shall	451
make the portions of the disclosure statement that indicate a	452
potential conflict of interest subject to public inspection in the	453
same manner as is provided for other disclosure statements. Any	454
portion of the disclosure statement that the commission determines	455
does not indicate a potential conflict of interest shall be kept	456
confidential by the commission and shall not be made subject to	457
public inspection, except as is necessary for the enforcement of	458
Chapters 102. and 2921. of the Revised Code and except as	459
otherwise provided in this division.	460

(C) No person shall knowingly fail to file, on or before the	461
applicable filing deadline established under this section, a	462
statement that is required by this section.	463

(D) No person shall knowingly file a false statement that is	464
required to be filed under this section.	465

(E)(1) Except as provided in divisions (E)(2) and (3) of this	466
section, the statement required by division (A) or (B) of this	467
section shall be accompanied by a filing fee of forty dollars.	468

(2) The statement required by division (A) of this section	469
shall be accompanied by the following filing fee to be paid by the	470
person who is elected or appointed to, or is a candidate for, any	471
of the following offices:	472

For state office, except member of the		473
state board of education	$65	474
For office of member of general assembly	$40	475
For county office	$40	476
For city office	$25	477
For office of member of the state board		478
of education	$25	479
For office of member of the Ohio		480
livestock care standards board	$25	481
For office of member of a city, local,		482
exempted village, or cooperative		483
education board of		484
education or educational service		485
center governing board	$20	486
For position of business manager,		487
treasurer, or superintendent of a		488
city, local, exempted village, joint		489
vocational, or cooperative education		490
school district or		491
educational service center	$20	492

(3) No judge of a court of record or candidate for judge of a	493
court of record, and no referee or magistrate serving a court of	494
record, shall be required to pay the fee required under division	495
(E)(1) or (2) or (F) of this section.	496

(4) For any public official who is appointed to a nonelective	497
office of the state and for any employee who holds a nonelective	498
position in a public agency of the state, the state agency that is	499
the primary employer of the state official or employee shall pay	500
the fee required under division (E)(1) or (F) of this section.	501

(F) If a statement required to be filed under this section is	502
not filed by the date on which it is required to be filed, the	503
appropriate ethics commission shall assess the person required to	504
file the statement a late filing fee of ten dollars for each day	505
the statement is not filed, except that the total amount of the	506
late filing fee shall not exceed two hundred fifty dollars.	507

(G)(1) The appropriate ethics commission other than the Ohio	508
ethics commission and the joint legislative ethics committee shall	509
deposit all fees it receives under divisions (E) and (F) of this	510
section into the general revenue fund of the state.	511

(2) The Ohio ethics commission shall deposit all receipts,	512
including, but not limited to, fees it receives under divisions	513
(E) and (F) of this section and all moneys it receives from	514
settlements under division (G) of section 102.06 of the Revised	515
Code, into the Ohio ethics commission fund, which is hereby	516
created in the state treasury. All moneys credited to the fund	517
shall be used solely for expenses related to the operation and	518
statutory functions of the commission.	519

(3) The joint legislative ethics committee shall deposit all	520
receipts it receives from the payment of financial disclosure	521
statement filing fees under divisions (E) and (F) of this section	522
into the joint legislative ethics committee investigative fund.	523

(H) Division (A) of this section does not apply to a person	524
elected or appointed to the office of precinct, ward, or district	525
committee member under Chapter 3517. of the Revised Code; a	526
presidential elector; a delegate to a national convention; village	527
or township officials and employees; any physician or psychiatrist	528
who is paid a salary or wage in accordance with schedule C of	529
section 124.15 or schedule E-2 of section 124.152 of the Revised	530
Code and whose primary duties do not require the exercise of	531
administrative discretion; or any member of a board, commission,	532
or bureau of any county or city who receives less than one	533
thousand dollars per year for serving in that position.	534

(I) A member of the Ohio casino control commission, the	535
executive director of the commission, or an employee of the	536
commission shall not:	537

(1) Accept a gift, gratuity, emolument, or employment from a	538
casino operator, management company, or other person subject to	539
the jurisdiction of the commission, or from an officer, attorney,	540
agent, or employee of a casino operator, management company, or	541
other person subject to the jurisdiction of the commission;	542

(2) Solicit, suggest, request, or recommend, directly or	543
indirectly, to a casino operator, management company, or other	544
person who is subject to the jurisdiction of the commission, or to	545
an officer, attorney, agent, or employee of a casino operator,	546
management company, or other person who is subject to the	547
jurisdiction of the commission, the appointment of a person to an	548
office, place, position, or employment;	549

(3) Participate in casino gaming or any other amusement or	550
activity at a casino facility in this state or at an affiliate	551
gaming facility of a licensed casino operator, wherever located.	552

Whoever violates division (I)(1), (2), or (3) of this section	553
forfeits the individual's office or employment.	554

Sec. 102.03. (A)(1) No present or former public official or	555
employee shall, during public employment or service or for twelve	556
months thereafter, represent a client or act in a representative	557
capacity for any person on any matter in which the public official	558
or employee personally participated as a public official or	559
employee through decision, approval, disapproval, recommendation,	560
the rendering of advice, investigation, or other substantial	561
exercise of administrative discretion.	562

(2) For twenty-four months after the conclusion of service,	563
no former commissioner or attorney examiner of the public	564
utilities commission shall represent a public utility, as defined	565
in section 4905.02 of the Revised Code, or act in a representative	566
capacity on behalf of such a utility before any state board,	567
commission, or agency.	568

(3) For twenty-four months after the conclusion of employment	569
or service, no former public official or employee who personally	570
participated as a public official or employee through decision,	571
approval, disapproval, recommendation, the rendering of advice,	572
the development or adoption of solid waste management plans,	573
investigation, inspection, or other substantial exercise of	574
administrative discretion under Chapter 343. or 3734. of the	575
Revised Code shall represent a person who is the owner or operator	576
of a facility, as defined in section 3734.01 of the Revised Code,	577
or who is an applicant for a permit or license for a facility	578
under that chapter, on any matter in which the public official or	579
employee personally participated as a public official or employee.	580

(4) For a period of one year after the conclusion of	581
employment or service as a member or employee of the general	582
assembly, no former member or employee of the general assembly	583
shall represent, or act in a representative capacity for, any	584
person on any matter before the general assembly, any committee of	585
the general assembly, or the controlling board. Division (A)(4) of	586
this section does not apply to or affect a person who separates	587
from service with the general assembly on or before December 31,	588
1995. As used in division (A)(4) of this section "person" does not	589
include any state agency or political subdivision of the state.	590

(5) As used in divisions (A)(1), (2), and (3) of this	591
section, "matter" includes any case, proceeding, application,	592
determination, issue, or question, but does not include the	593
proposal, consideration, or enactment of statutes, rules,	594
ordinances, resolutions, or charter or constitutional amendments.	595
As used in division (A)(4) of this section, "matter" includes the	596
proposal, consideration, or enactment of statutes, resolutions, or	597
constitutional amendments. As used in division (A) of this	598
section, "represent" includes any formal or informal appearance	599
before, or any written or oral communication with, any public	600
agency on behalf of any person.	601

(6) Nothing contained in division (A) of this section shall	602
prohibit, during such period, a former public official or employee	603
from being retained or employed to represent, assist, or act in a	604
representative capacity for the public agency by which the public	605
official or employee was employed or on which the public official	606
or employee served.	607

(7) Division (A) of this section shall not be construed to	608
prohibit the performance of ministerial functions, including, but	609
not limited to, the filing or amendment of tax returns,	610
applications for permits and licenses, incorporation papers, and	611
other similar documents.	612

(8) No present or former Ohio casino control commission	613
official shall, during public service or for twelve months	614
thereafter, represent a client, be employed or hired by a person	615
regulated by the commission, or act in a representative capacity	616
for any person on any matter before or concerning the commission.	617

No present or former commission employee shall, during public	618
employment or for twelve months thereafter, represent a client or	619
act in a representative capacity on any matter in which the	620
employee personally participated as a commission employee through	621
decision, approval, disapproval, recommendation, the rendering of	622
advice, investigation, or other substantial exercise of	623
administrative discretion.	624

(B) No present or former public official or employee shall	625
disclose or use, without appropriate authorization, any	626
information acquired by the public official or employee in the	627
course of the public official's or employee's official duties that	628
is confidential because of statutory provisions, or that has been	629
clearly designated to the public official or employee as	630
confidential when that confidential designation is warranted	631
because of the status of the proceedings or the circumstances	632
under which the information was received and preserving its	633
confidentiality is necessary to the proper conduct of government	634
business.	635

(C) No public official or employee shall participate within	636
the scope of duties as a public official or employee, except	637
through ministerial functions as defined in division (A) of this	638
section, in any license or rate-making proceeding that directly	639
affects the license or rates of any person, partnership, trust,	640
business trust, corporation, or association in which the public	641
official or employee or immediate family owns or controls more	642
than five per cent. No public official or employee shall	643
participate within the scope of duties as a public official or	644
employee, except through ministerial functions as defined in	645
division (A) of this section, in any license or rate-making	646
proceeding that directly affects the license or rates of any	647
person to whom the public official or employee or immediate	648
family, or a partnership, trust, business trust, corporation, or	649
association of which the public official or employee or the public	650
official's or employee's immediate family owns or controls more	651
than five per cent, has sold goods or services totaling more than	652
one thousand dollars during the preceding year, unless the public	653
official or employee has filed a written statement acknowledging	654
that sale with the clerk or secretary of the public agency and the	655
statement is entered in any public record of the agency's	656
proceedings. This division shall not be construed to require the	657
disclosure of clients of attorneys or persons licensed under	658
section 4732.12 or 4732.15 of the Revised Code, or patients of	659
persons certified under section 4731.14 of the Revised Code.	660

(D) No public official or employee shall use or authorize the	661
use of the authority or influence of office or employment to	662
secure anything of value or the promise or offer of anything of	663
value that is of such a character as to manifest a substantial and	664
improper influence upon the public official or employee with	665
respect to that person's duties.	666

(E) No public official or employee shall solicit or accept	667
anything of value that is of such a character as to manifest a	668
substantial and improper influence upon the public official or	669
employee with respect to that person's duties.	670

(F) No person shall promise or give to a public official or	671
employee anything of value that is of such a character as to	672
manifest a substantial and improper influence upon the public	673
official or employee with respect to that person's duties.	674

(G) In the absence of bribery or another offense under the	675
Revised Code or a purpose to defraud, contributions made to a	676
campaign committee, political party, legislative campaign fund,	677
political action committee, or political contributing entity on	678
behalf of an elected public officer or other public official or	679
employee who seeks elective office shall be considered to accrue	680
ordinarily to the public official or employee for the purposes of	681
divisions (D), (E), and (F) of this section.	682

As used in this division, "contributions," "campaign	683
committee," "political party," "legislative campaign fund,"	684
"political action committee," and "political contributing entity"	685
have the same meanings as in section 3517.01 of the Revised Code.	686

(H)(1) No public official or employee, except for the	687
president or other chief administrative officer of or a member of	688
a board of trustees of a state institution of higher education as	689
defined in section 3345.011 of the Revised Code, who is required	690
to file a financial disclosure statement under section 102.02 of	691
the Revised Code shall solicit or accept, and no person shall give	692
to that public official or employee, an honorarium. Except as	693
provided in division (H)(2) of this section, this division and	694
divisions (D), (E), and (F) of this section do not prohibit a	695
public official or employee who is required to file a financial	696
disclosure statement under section 102.02 of the Revised Code from	697
accepting and do not prohibit a person from giving to that public	698
official or employee the payment of actual travel expenses,	699
including any expenses incurred in connection with the travel for	700
lodging, and meals, food, and beverages provided to the public	701
official or employee at a meeting at which the public official or	702
employee participates in a panel, seminar, or speaking engagement	703
or provided to the public official or employee at a meeting or	704
convention of a national organization to which any state agency,	705
including, but not limited to, any state legislative agency or	706
state institution of higher education as defined in section	707
3345.011 of the Revised Code, pays membership dues. Except as	708
provided in division (H)(2) of this section, this division and	709
divisions (D), (E), and (F) of this section do not prohibit a	710
public official or employee who is not required to file a	711
financial disclosure statement under section 102.02 of the Revised	712
Code from accepting and do not prohibit a person from promising or	713
giving to that public official or employee an honorarium or the	714
payment of travel, meal, and lodging expenses if the honorarium,	715
expenses, or both were paid in recognition of demonstrable	716
business, professional, or esthetic interests of the public	717
official or employee that exist apart from public office or	718
employment, including, but not limited to, such a demonstrable	719
interest in public speaking and were not paid by any person or	720
other entity, or by any representative or association of those	721
persons or entities, that is regulated by, doing business with, or	722
seeking to do business with the department, division, institution,	723
board, commission, authority, bureau, or other instrumentality of	724
the governmental entity with which the public official or employee	725
serves.	726

(2) No person who is a member of the board of a state	727
retirement system, a state retirement system investment officer,	728
or an employee of a state retirement system whose position	729
involves substantial and material exercise of discretion in the	730
investment of retirement system funds shall solicit or accept, and	731
no person shall give to that board member, officer, or employee,	732
payment of actual travel expenses, including expenses incurred	733
with the travel for lodging, meals, food, and beverages.	734

(I) A public official or employee may accept travel, meals,	735
and lodging or expenses or reimbursement of expenses for travel,	736
meals, and lodging in connection with conferences, seminars, and	737
similar events related to official duties if the travel, meals,	738
and lodging, expenses, or reimbursement is not of such a character	739
as to manifest a substantial and improper influence upon the	740
public official or employee with respect to that person's duties.	741
The house of representatives and senate, in their code of ethics,	742
and the Ohio ethics commission, under section 111.15 of the	743
Revised Code, may adopt rules setting standards and conditions for	744
the furnishing and acceptance of such travel, meals, and lodging,	745
expenses, or reimbursement.	746

A person who acts in compliance with this division and any	747
applicable rules adopted under it, or any applicable, similar	748
rules adopted by the supreme court governing judicial officers and	749
employees, does not violate division (D), (E), or (F) of this	750
section. This division does not preclude any person from seeking	751
an advisory opinion from the appropriate ethics commission under	752
section 102.08 of the Revised Code.	753

(J) For purposes of divisions (D), (E), and (F) of this	754
section, the membership of a public official or employee in an	755
organization shall not be considered, in and of itself, to be of	756
such a character as to manifest a substantial and improper	757
influence on the public official or employee with respect to that	758
person's duties. As used in this division, "organization" means a	759
church or a religious, benevolent, fraternal, or professional	760
organization that is tax exempt under subsection 501(a) and	761
described in subsection 501(c)(3), (4), (8), (10), or (19) of the	762
"Internal Revenue Code of 1986." This division does not apply to a	763
public official or employee who is an employee of an organization,	764
serves as a trustee, director, or officer of an organization, or	765
otherwise holds a fiduciary relationship with an organization.	766
This division does not allow a public official or employee who is	767
a member of an organization to participate, formally or	768
informally, in deliberations, discussions, or voting on a matter	769
or to use his official position with regard to the interests of	770
the organization on the matter if the public official or employee	771
has assumed a particular responsibility in the organization with	772
respect to the matter or if the matter would affect that person's	773
personal, pecuniary interests.	774

(K) It is not a violation of this section for a prosecuting	775
attorney to appoint assistants and employees in accordance with	776
division (B) of section 309.06 and section 2921.421 of the Revised	777
Code, for a chief legal officer of a municipal corporation or an	778
official designated as prosecutor in a municipal corporation to	779
appoint assistants and employees in accordance with sections	780
733.621 and 2921.421 of the Revised Code, for a township law	781
director appointed under section 504.15 of the Revised Code to	782
appoint assistants and employees in accordance with sections	783
504.151 and 2921.421 of the Revised Code, or for a coroner to	784
appoint assistants and employees in accordance with division (B)	785
of section 313.05 of the Revised Code.	786

As used in this division, "chief legal officer" has the same	787
meaning as in section 733.621 of the Revised Code.	788

(L) No present public official or employee with a casino	789
gaming regulatory function shall indirectly invest, by way of an	790
entity the public official or employee has an ownership interest	791
or control in, or directly invest in a casino operator, management	792
company, holding company, casino facility, or gaming-related	793
vendor. No present public official or employee with a casino	794
gaming regulatory function shall directly or indirectly have a	795
financial interest in, have an ownership interest in, be the	796
creditor or hold a debt instrument issued by, or have an interest	797
in a contractual or service relationship with a casino operator,	798
management company, holding company, casino facility, or	799
gaming-related vendor. This section does not prohibit or limit	800
permitted passive investing by the public official or employee.	801

As used in this division, "passive investing" means	802
investment by the public official or employee by means of a mutual	803
fund or blind trust in which the public official or employee has	804
no control of the investments or investment decisions. "Casino	805
operator," "holding company," "management company," "casino	806
facility," and "gaming-related vendor" have the same meanings as	807
in section 3772.01 of the Revised Code.	808

Sec. 109.572. (A)(1) Upon receipt of a request pursuant to	809
section 121.08, 3301.32, 3301.541, or 3319.39 of the Revised Code,	810
a completed form prescribed pursuant to division (C)(1) of this	811
section, and a set of fingerprint impressions obtained in the	812
manner described in division (C)(2) of this section, the	813
superintendent of the bureau of criminal identification and	814
investigation shall conduct a criminal records check in the manner	815
described in division (B) of this section to determine whether any	816
information exists that indicates that the person who is the	817
subject of the request previously has been convicted of or pleaded	818
guilty to any of the following:	819

(a) A violation of section 2903.01, 2903.02, 2903.03,	820
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	821
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	822
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	823
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	824
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	825
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	826
2925.06, or 3716.11 of the Revised Code, felonious sexual	827
penetration in violation of former section 2907.12 of the Revised	828
Code, a violation of section 2905.04 of the Revised Code as it	829
existed prior to July 1, 1996, a violation of section 2919.23 of	830
the Revised Code that would have been a violation of section	831
2905.04 of the Revised Code as it existed prior to July 1, 1996,	832
had the violation been committed prior to that date, or a	833
violation of section 2925.11 of the Revised Code that is not a	834
minor drug possession offense;	835

(b) A violation of an existing or former law of this state,	836
any other state, or the United States that is substantially	837
equivalent to any of the offenses listed in division (A)(1)(a) of	838
this section.	839

(2) On receipt of a request pursuant to section 5123.081 of	840
the Revised Code with respect to an applicant for employment in	841
any position with the department of developmental disabilities,	842
pursuant to section 5126.28 of the Revised Code with respect to an	843
applicant for employment in any position with a county board of	844
developmental disabilities, or pursuant to section 5126.281 of the	845
Revised Code with respect to an applicant for employment in a	846
direct services position with an entity contracting with a county	847
board for employment, a completed form prescribed pursuant to	848
division (C)(1) of this section, and a set of fingerprint	849
impressions obtained in the manner described in division (C)(2) of	850
this section, the superintendent of the bureau of criminal	851
identification and investigation shall conduct a criminal records	852
check. The superintendent shall conduct the criminal records check	853
in the manner described in division (B) of this section to	854
determine whether any information exists that indicates that the	855
person who is the subject of the request has been convicted of or	856
pleaded guilty to any of the following:	857

(a) A violation of section 2903.01, 2903.02, 2903.03,	858
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	859
2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03,	860
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12,	861
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	862
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12,	863
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02,	864
2925.03, or 3716.11 of the Revised Code;	865

(b) An existing or former municipal ordinance or law of this	866
state, any other state, or the United States that is substantially	867
equivalent to any of the offenses listed in division (A)(2)(a) of	868
this section.	869

(3) On receipt of a request pursuant to section 173.27,	870
173.394, 3712.09, 3721.121, or 3722.151 of the Revised Code, a	871
completed form prescribed pursuant to division (C)(1) of this	872
section, and a set of fingerprint impressions obtained in the	873
manner described in division (C)(2) of this section, the	874
superintendent of the bureau of criminal identification and	875
investigation shall conduct a criminal records check with respect	876
to any person who has applied for employment in a position for	877
which a criminal records check is required by those sections. The	878
superintendent shall conduct the criminal records check in the	879
manner described in division (B) of this section to determine	880
whether any information exists that indicates that the person who	881
is the subject of the request previously has been convicted of or	882
pleaded guilty to any of the following:	883

(a) A violation of section 2903.01, 2903.02, 2903.03,	884
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	885
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	886
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	887
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	888
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	889
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	890
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	891
2925.22, 2925.23, or 3716.11 of the Revised Code;	892

(b) An existing or former law of this state, any other state,	893
or the United States that is substantially equivalent to any of	894
the offenses listed in division (A)(3)(a) of this section.	895

(4) On receipt of a request pursuant to section 3701.881 of	896
the Revised Code with respect to an applicant for employment with	897
a home health agency as a person responsible for the care,	898
custody, or control of a child, a completed form prescribed	899
pursuant to division (C)(1) of this section, and a set of	900
fingerprint impressions obtained in the manner described in	901
division (C)(2) of this section, the superintendent of the bureau	902
of criminal identification and investigation shall conduct a	903
criminal records check. The superintendent shall conduct the	904
criminal records check in the manner described in division (B) of	905
this section to determine whether any information exists that	906
indicates that the person who is the subject of the request	907
previously has been convicted of or pleaded guilty to any of the	908
following:	909

(a) A violation of section 2903.01, 2903.02, 2903.03,	910
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	911
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,	912
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,	913
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	914
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	915
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	916
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a	917
violation of section 2925.11 of the Revised Code that is not a	918
minor drug possession offense;	919

(b) An existing or former law of this state, any other state,	920
or the United States that is substantially equivalent to any of	921
the offenses listed in division (A)(4)(a) of this section.	922

(5) On receipt of a request pursuant to section 5111.032,	923
5111.033, or 5111.034 of the Revised Code, a completed form	924
prescribed pursuant to division (C)(1) of this section, and a set	925
of fingerprint impressions obtained in the manner described in	926
division (C)(2) of this section, the superintendent of the bureau	927
of criminal identification and investigation shall conduct a	928
criminal records check. The superintendent shall conduct the	929
criminal records check in the manner described in division (B) of	930
this section to determine whether any information exists that	931
indicates that the person who is the subject of the request	932
previously has been convicted of, has pleaded guilty to, or has	933
been found eligible for intervention in lieu of conviction for any	934
of the following, regardless of the date of the conviction, the	935
date of entry of the guilty plea, or the date the person was found	936
eligible for intervention in lieu of conviction:	937

(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,	938
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16,	939
2903.21, 2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05,	940
2905.11, 2905.12, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06,	941
2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.24,	942
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	943
2909.03, 2909.04, 2909.05, 2909.22, 2909.23, 2909.24, 2911.01,	944
2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04,	945
2913.05, 2913.11, 2913.21, 2913.31, 2913.32, 2913.40, 2913.41,	946
2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47,	947
2913.48, 2913.49, 2913.51, 2917.01, 2917.02, 2917.03, 2917.11,	948
2917.31, 2919.12, 2919.22, 2919.23, 2919.24, 2919.25, 2921.03,	949
2921.11, 2921.13, 2921.34, 2921.35, 2921.36, 2923.01, 2923.02,	950
2923.03, 2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03,	951
2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22,	952
2925.23, 2927.12, or 3716.11 of the Revised Code, felonious sexual	953
penetration in violation of former section 2907.12 of the Revised	954
Code, a violation of section 2905.04 of the Revised Code as it	955
existed prior to July 1, 1996, a violation of section 2919.23 of	956
the Revised Code that would have been a violation of section	957
2905.04 of the Revised Code as it existed prior to July 1, 1996,	958
had the violation been committed prior to that date;	959

(b) A violation of an existing or former municipal ordinance	960
or law of this state, any other state, or the United States that	961
is substantially equivalent to any of the offenses listed in	962
division (A)(5)(a) of this section.	963

(6) On receipt of a request pursuant to section 3701.881 of	964
the Revised Code with respect to an applicant for employment with	965
a home health agency in a position that involves providing direct	966
care to an older adult, a completed form prescribed pursuant to	967
division (C)(1) of this section, and a set of fingerprint	968
impressions obtained in the manner described in division (C)(2) of	969
this section, the superintendent of the bureau of criminal	970
identification and investigation shall conduct a criminal records	971
check. The superintendent shall conduct the criminal records check	972
in the manner described in division (B) of this section to	973
determine whether any information exists that indicates that the	974
person who is the subject of the request previously has been	975
convicted of or pleaded guilty to any of the following:	976

(a) A violation of section 2903.01, 2903.02, 2903.03,	977
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	978
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	979
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	980
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	981
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	982
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	983
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	984
2925.22, 2925.23, or 3716.11 of the Revised Code;	985

(b) An existing or former law of this state, any other state,	986
or the United States that is substantially equivalent to any of	987
the offenses listed in division (A)(6)(a) of this section.	988

(7) When conducting a criminal records check upon a request	989
pursuant to section 3319.39 of the Revised Code for an applicant	990
who is a teacher, in addition to the determination made under	991
division (A)(1) of this section, the superintendent shall	992
determine whether any information exists that indicates that the	993
person who is the subject of the request previously has been	994
convicted of or pleaded guilty to any offense specified in section	995
3319.31 of the Revised Code.	996

(8) On receipt of a request pursuant to section 2151.86 of	997
the Revised Code, a completed form prescribed pursuant to division	998
(C)(1) of this section, and a set of fingerprint impressions	999
obtained in the manner described in division (C)(2) of this	1000
section, the superintendent of the bureau of criminal	1001
identification and investigation shall conduct a criminal records	1002
check in the manner described in division (B) of this section to	1003
determine whether any information exists that indicates that the	1004
person who is the subject of the request previously has been	1005
convicted of or pleaded guilty to any of the following:	1006

(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,	1007
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21,	1008
2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02,	1009
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	1010
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	1011
2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24,	1012
2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02,	1013
2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161,	1014
2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2927.12, or 3716.11	1015
of the Revised Code, a violation of section 2905.04 of the Revised	1016
Code as it existed prior to July 1, 1996, a violation of section	1017
2919.23 of the Revised Code that would have been a violation of	1018
section 2905.04 of the Revised Code as it existed prior to July 1,	1019
1996, had the violation been committed prior to that date, a	1020
violation of section 2925.11 of the Revised Code that is not a	1021
minor drug possession offense, two or more OVI or OVUAC violations	1022
committed within the three years immediately preceding the	1023
submission of the application or petition that is the basis of the	1024
request, or felonious sexual penetration in violation of former	1025
section 2907.12 of the Revised Code;	1026

(b) A violation of an existing or former law of this state,	1027
any other state, or the United States that is substantially	1028
equivalent to any of the offenses listed in division (A)(8)(a) of	1029
this section.	1030

(9) Upon receipt of a request pursuant to section 5104.012 or	1031
5104.013 of the Revised Code, a completed form prescribed pursuant	1032
to division (C)(1) of this section, and a set of fingerprint	1033
impressions obtained in the manner described in division (C)(2) of	1034
this section, the superintendent of the bureau of criminal	1035
identification and investigation shall conduct a criminal records	1036
check in the manner described in division (B) of this section to	1037
determine whether any information exists that indicates that the	1038
person who is the subject of the request has been convicted of or	1039
pleaded guilty to any of the following:	1040

(a) A violation of section 2903.01, 2903.02, 2903.03,	1041
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22,	1042
2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,	1043
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22,	1044
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,	1045
2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04,	1046
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	1047
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,	1048
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2919.12,	1049
2919.22, 2919.24, 2919.25, 2921.11, 2921.13, 2923.01, 2923.12,	1050
2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or	1051
3716.11 of the Revised Code, felonious sexual penetration in	1052
violation of former section 2907.12 of the Revised Code, a	1053
violation of section 2905.04 of the Revised Code as it existed	1054
prior to July 1, 1996, a violation of section 2919.23 of the	1055
Revised Code that would have been a violation of section 2905.04	1056
of the Revised Code as it existed prior to July 1, 1996, had the	1057
violation been committed prior to that date, a violation of	1058
section 2925.11 of the Revised Code that is not a minor drug	1059
possession offense, a violation of section 2923.02 or 2923.03 of	1060
the Revised Code that relates to a crime specified in this	1061
division, or a second violation of section 4511.19 of the Revised	1062
Code within five years of the date of application for licensure or	1063
certification.	1064

(b) A violation of an existing or former law of this state,	1065
any other state, or the United States that is substantially	1066
equivalent to any of the offenses or violations described in	1067
division (A)(9)(a) of this section.	1068

(10) Upon receipt of a request pursuant to section 5153.111	1069
of the Revised Code, a completed form prescribed pursuant to	1070
division (C)(1) of this section, and a set of fingerprint	1071
impressions obtained in the manner described in division (C)(2) of	1072
this section, the superintendent of the bureau of criminal	1073
identification and investigation shall conduct a criminal records	1074
check in the manner described in division (B) of this section to	1075
determine whether any information exists that indicates that the	1076
person who is the subject of the request previously has been	1077
convicted of or pleaded guilty to any of the following:	1078

(a) A violation of section 2903.01, 2903.02, 2903.03,	1079
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	1080
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	1081
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	1082
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	1083
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	1084
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	1085
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code,	1086
felonious sexual penetration in violation of former section	1087
2907.12 of the Revised Code, a violation of section 2905.04 of the	1088
Revised Code as it existed prior to July 1, 1996, a violation of	1089
section 2919.23 of the Revised Code that would have been a	1090
violation of section 2905.04 of the Revised Code as it existed	1091
prior to July 1, 1996, had the violation been committed prior to	1092
that date, or a violation of section 2925.11 of the Revised Code	1093
that is not a minor drug possession offense;	1094

(b) A violation of an existing or former law of this state,	1095
any other state, or the United States that is substantially	1096
equivalent to any of the offenses listed in division (A)(10)(a) of	1097
this section.	1098

(11) On receipt of a request for a criminal records check	1099
from an individual pursuant to section 4749.03 or 4749.06 of the	1100
Revised Code, accompanied by a completed copy of the form	1101
prescribed in division (C)(1) of this section and a set of	1102
fingerprint impressions obtained in a manner described in division	1103
(C)(2) of this section, the superintendent of the bureau of	1104
criminal identification and investigation shall conduct a criminal	1105
records check in the manner described in division (B) of this	1106
section to determine whether any information exists indicating	1107
that the person who is the subject of the request has been	1108
convicted of or pleaded guilty to a felony in this state or in any	1109
other state. If the individual indicates that a firearm will be	1110
carried in the course of business, the superintendent shall	1111
require information from the federal bureau of investigation as	1112
described in division (B)(2) of this section. The superintendent	1113
shall report the findings of the criminal records check and any	1114
information the federal bureau of investigation provides to the	1115
director of public safety.	1116

(12) On receipt of a request pursuant to section 1321.37,	1117
1321.53, 1321.531, 1322.03, 1322.031, or 4763.05 of the Revised	1118
Code, a completed form prescribed pursuant to division (C)(1) of	1119
this section, and a set of fingerprint impressions obtained in the	1120
manner described in division (C)(2) of this section, the	1121
superintendent of the bureau of criminal identification and	1122
investigation shall conduct a criminal records check with respect	1123
to any person who has applied for a license, permit, or	1124
certification from the department of commerce or a division in the	1125
department. The superintendent shall conduct the criminal records	1126
check in the manner described in division (B) of this section to	1127
determine whether any information exists that indicates that the	1128
person who is the subject of the request previously has been	1129
convicted of or pleaded guilty to any of the following: a	1130
violation of section 2913.02, 2913.11, 2913.31, 2913.51, or	1131
2925.03 of the Revised Code; any other criminal offense involving	1132
theft, receiving stolen property, embezzlement, forgery, fraud,	1133
passing bad checks, money laundering, or drug trafficking, or any	1134
criminal offense involving money or securities, as set forth in	1135
Chapters 2909., 2911., 2913., 2915., 2921., 2923., and 2925. of	1136
the Revised Code; or any existing or former law of this state, any	1137
other state, or the United States that is substantially equivalent	1138
to those offenses.	1139

(13) On receipt of a request for a criminal records check	1140
from the treasurer of state under section 113.041 of the Revised	1141
Code or from an individual under section 4701.08, 4715.101,	1142
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14,	1143
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,	1144
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,	1145
4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4761.051,	1146
4762.031, 4762.06, or 4779.091 of the Revised Code, accompanied by	1147
a completed form prescribed under division (C)(1) of this section	1148
and a set of fingerprint impressions obtained in the manner	1149
described in division (C)(2) of this section, the superintendent	1150
of the bureau of criminal identification and investigation shall	1151
conduct a criminal records check in the manner described in	1152
division (B) of this section to determine whether any information	1153
exists that indicates that the person who is the subject of the	1154
request has been convicted of or pleaded guilty to any criminal	1155
offense in this state or any other state. The superintendent shall	1156
send the results of a check requested under section 113.041 of the	1157
Revised Code to the treasurer of state and shall send the results	1158
of a check requested under any of the other listed sections to the	1159
licensing board specified by the individual in the request.	1160

(14) On receipt of a request pursuant to section 1121.23,	1161
1155.03, 1163.05, 1315.141, 1733.47, or 1761.26 of the Revised	1162
Code, a completed form prescribed pursuant to division (C)(1) of	1163
this section, and a set of fingerprint impressions obtained in the	1164
manner described in division (C)(2) of this section, the	1165
superintendent of the bureau of criminal identification and	1166
investigation shall conduct a criminal records check in the manner	1167
described in division (B) of this section to determine whether any	1168
information exists that indicates that the person who is the	1169
subject of the request previously has been convicted of or pleaded	1170
guilty to any criminal offense under any existing or former law of	1171
this state, any other state, or the United States.	1172

(15) On receipt of a request for a criminal records check	1173
from an appointing or licensing authority under section 3772.07 of	1174
the Revised Code, a completed form prescribed under division	1175
(C)(1) of this section, and a set of fingerprint impressions	1176
obtained in the manner prescribed in division (C)(2) of this	1177
section, the superintendent of the bureau of criminal	1178
identification and investigation shall conduct a criminal records	1179
check in the manner described in division (B) of this section to	1180
determine whether any information exists that indicates that the	1181
person who is the subject of the request previously has been	1182
convicted of or pleaded guilty or no contest to any offense under	1183
any existing or former law of this state, any other state, or the	1184
United States that is a disqualifying offense as defined in	1185
section 3772.07 of the Revised Code or substantially equivalent to	1186
such an offense.	1187

(16) Not later than thirty days after the date the	1188
superintendent receives a request of a type described in division	1189
(A)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12),	1190
or (14), or (15) of this section, the completed form, and the	1191
fingerprint impressions, the superintendent shall send the person,	1192
board, or entity that made the request any information, other than	1193
information the dissemination of which is prohibited by federal	1194
law, the superintendent determines exists with respect to the	1195
person who is the subject of the request that indicates that the	1196
person previously has been convicted of or pleaded guilty to any	1197
offense listed or described in division (A)(1), (2), (3), (4),	1198
(5), (6), (7), (8), (9), (10), (11), (12), or (14), or (15) of	1199
this section, as appropriate. The superintendent shall send the	1200
person, board, or entity that made the request a copy of the list	1201
of offenses specified in division (A)(1), (2), (3), (4), (5), (6),	1202
(7), (8), (9), (10), (11), (12), or (14), or (15) of this section,	1203
as appropriate. If the request was made under section 3701.881 of	1204
the Revised Code with regard to an applicant who may be both	1205
responsible for the care, custody, or control of a child and	1206
involved in providing direct care to an older adult, the	1207
superintendent shall provide a list of the offenses specified in	1208
divisions (A)(4) and (6) of this section.	1209

Not later than thirty days after the superintendent receives	1210
a request for a criminal records check pursuant to section 113.041	1211
of the Revised Code, the completed form, and the fingerprint	1212
impressions, the superintendent shall send the treasurer of state	1213
any information, other than information the dissemination of which	1214
is prohibited by federal law, the superintendent determines exist	1215
with respect to the person who is the subject of the request that	1216
indicates that the person previously has been convicted of or	1217
pleaded guilty to any criminal offense in this state or any other	1218
state.	1219

(B) The superintendent shall conduct any criminal records	1220
check requested under section 113.041, 121.08, 173.27, 173.394,	1221
1121.23, 1155.03, 1163.05, 1315.141, 1321.53, 1321.531, 1322.03,	1222
1322.031, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541, 3319.39,	1223
3701.881, 3712.09, 3721.121, 3722.151, 3772.07, 4701.08, 4715.101,	1224
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14,	1225
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,	1226
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,	1227
4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06,	1228
4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012,	1229
5104.013, 5111.032, 5111.033, 5111.034, 5123.081, 5126.28,	1230
5126.281, or 5153.111 of the Revised Code as follows:	1231

(1) The superintendent shall review or cause to be reviewed	1232
any relevant information gathered and compiled by the bureau under	1233
division (A) of section 109.57 of the Revised Code that relates to	1234
the person who is the subject of the request, including, if the	1235
criminal records check was requested under section 113.041,	1236
121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141,	1237
1321.37, 1321.53, 1321.531, 1322.03, 1322.031, 1733.47, 1761.26,	1238
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121,	1239
3722.151, 3772.07, 4749.03, 4749.06, 4763.05, 5104.012, 5104.013,	1240
5111.032, 5111.033, 5111.034, 5123.081, 5126.28, 5126.281, or	1241
5153.111 of the Revised Code, any relevant information contained	1242
in records that have been sealed under section 2953.32 of the	1243
Revised Code;	1244

(2) If the request received by the superintendent asks for	1245
information from the federal bureau of investigation, the	1246
superintendent shall request from the federal bureau of	1247
investigation any information it has with respect to the person	1248
who is the subject of the request, including fingerprint-based	1249
checks of national crime information databases as described in 42	1250
U.S.C. 671 if the request is made pursuant to section 2151.86,	1251
5104.012, or 5104.013 of the Revised Code or if any other Revised	1252
Code section requires fingerprint-based checks of that nature, and	1253
shall review or cause to be reviewed any information the	1254
superintendent receives from that bureau. If a request under	1255
section 3319.39 of the Revised Code asks only for information from	1256
the federal bureau of investigation, the superintendent shall not	1257
conduct the review prescribed by division (B)(1) of this section.	1258

(3) The superintendent or the superintendent's designee may	1259
request criminal history records from other states or the federal	1260
government pursuant to the national crime prevention and privacy	1261
compact set forth in section 109.571 of the Revised Code.	1262

(C)(1) The superintendent shall prescribe a form to obtain	1263
the information necessary to conduct a criminal records check from	1264
any person for whom a criminal records check is requested under	1265
section 113.041 of the Revised Code or required by section 121.08,	1266
173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141, 1321.53,	1267
1321.531, 1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32,	1268
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 3772.07,	1269
4701.08, 4715.101, 4717.061, 4725.121, 4725.501, 4729.071,	1270
4730.101, 4730.14, 4730.28, 4731.081, 4731.15, 4731.171, 4731.222,	1271
4731.281, 4731.296, 4731.531, 4732.091, 4734.202, 4740.061,	1272
4741.10, 4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032,	1273
4760.06, 4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012,	1274
5104.013, 5111.032, 5111.033, 5111.034, 5123.081, 5126.28,	1275
5126.281, or 5153.111 of the Revised Code. The form that the	1276
superintendent prescribes pursuant to this division may be in a	1277
tangible format, in an electronic format, or in both tangible and	1278
electronic formats.	1279

(2) The superintendent shall prescribe standard impression	1280
sheets to obtain the fingerprint impressions of any person for	1281
whom a criminal records check is requested under section 113.041	1282
of the Revised Code or required by section 121.08, 173.27,	1283
173.394, 1121.23, 1155.03, 1163.05, 1315.141, 1321.53, 1321.531,	1284
1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541,	1285
3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 3772.07, 4701.08,	1286
4715.101, 4717.061, 4725.121, 4725.501, 4729.071, 4730.101,	1287
4730.14, 4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,	1288
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,	1289
4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06,	1290
4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012,	1291
5104.013, 5111.032, 5111.033, 5111.034, 5123.081, 5126.28,	1292
5126.281, or 5153.111 of the Revised Code. Any person for whom a	1293
records check is requested under or required by any of those	1294
sections shall obtain the fingerprint impressions at a county	1295
sheriff's office, municipal police department, or any other entity	1296
with the ability to make fingerprint impressions on the standard	1297
impression sheets prescribed by the superintendent. The office,	1298
department, or entity may charge the person a reasonable fee for	1299
making the impressions. The standard impression sheets the	1300
superintendent prescribes pursuant to this division may be in a	1301
tangible format, in an electronic format, or in both tangible and	1302
electronic formats.	1303

(3) Subject to division (D) of this section, the	1304
superintendent shall prescribe and charge a reasonable fee for	1305
providing a criminal records check requested under section	1306
113.041, 121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05,	1307
1315.141, 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, 4701.08, 4715.101, 4717.061, 4725.121,	1310
4725.501, 4729.071, 4730.101, 4730.14, 4730.28, 4731.081, 4731.15,	1311
4731.171, 4731.222, 4731.281, 4731.296, 4731.531, 4732.091,	1312
4734.202, 4740.061, 4741.10, 4749.03, 4749.06, 4755.70, 4757.101,	1313
4759.061, 4760.032, 4760.06, 4761.051, 4762.031, 4762.06, 4763.05,	1314
4779.091, 5104.012, 5104.013, 5111.032, 5111.033, 5111.034,	1315
5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. The	1316
person making a criminal records request under any of those	1317
sections shall pay the fee prescribed pursuant to this division. A	1318
person making a request under section 3701.881 of the Revised Code	1319
for a criminal records check for an applicant who may be both	1320
responsible for the care, custody, or control of a child and	1321
involved in providing direct care to an older adult shall pay one	1322
fee for the request. In the case of a request under section	1323
1121.23, 1155.03, 1163.05, 1315.141, 1733.47, 1761.26, or 5111.032	1324
of the Revised Code, the fee shall be paid in the manner specified	1325
in that section.	1326

(4) The superintendent of the bureau of criminal	1327
identification and investigation may prescribe methods of	1328
forwarding fingerprint impressions and information necessary to	1329
conduct a criminal records check, which methods shall include, but	1330
not be limited to, an electronic method.	1331

(D) A determination whether any information exists that	1332
indicates that a person previously has been convicted of or	1333
pleaded guilty to any offense listed or described in division	1334
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or	1335
(b), (A)(5)(a) or (b), (A)(6)(a) or (b), (A)(7), (A)(8)(a) or (b),	1336
(A)(9)(a) or (b), (A)(10)(a) or (b), (A)(12), or (A)(14), or	1337
(A)(15) of this section, or that indicates that a person	1338
previously has been convicted of or pleaded guilty to any criminal	1339
offense in this state or any other state regarding a criminal	1340
records check of a type described in division (A)(13) of this	1341
section, and that is made by the superintendent with respect to	1342
information considered in a criminal records check in accordance	1343
with this section is valid for the person who is the subject of	1344
the criminal records check for a period of one year from the date	1345
upon which the superintendent makes the determination. During the	1346
period in which the determination in regard to a person is valid,	1347
if another request under this section is made for a criminal	1348
records check for that person, the superintendent shall provide	1349
the information that is the basis for the superintendent's initial	1350
determination at a lower fee than the fee prescribed for the	1351
initial criminal records check.	1352

(E) As used in this section:

1353

(1) "Criminal records check" means any criminal records check	1354
conducted by the superintendent of the bureau of criminal	1355
identification and investigation in accordance with division (B)	1356
of this section.	1357

(2) "Minor drug possession offense" has the same meaning as	1358
in section 2925.01 of the Revised Code.	1359

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

1360

(4) "OVI or OVUAC violation" means a violation of section	1361
4511.19 of the Revised Code or a violation of an existing or	1362
former law of this state, any other state, or the United States	1363
that is substantially equivalent to section 4511.19 of the Revised	1364
Code.	1365

Sec. 109.71. There is hereby created in the office of the	1366
attorney general the Ohio peace officer training commission. The	1367
commission shall consist of nine members appointed by the governor	1368
with the advice and consent of the senate and selected as follows:	1369
one member representing the public; two members who are incumbent	1370
sheriffs; two members who are incumbent chiefs of police; one	1371
member from the bureau of criminal identification and	1372
investigation; one member from the state highway patrol; one	1373
member who is the special agent in charge of a field office of the	1374
federal bureau of investigation in this state; and one member from	1375
the department of education, trade and industrial education	1376
services, law enforcement training.	1377

This section does not confer any arrest authority or any	1378
ability or authority to detain a person, write or issue any	1379
citation, or provide any disposition alternative, as granted under	1380
Chapter 2935. of the Revised Code.	1381

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

1382

(A) "Peace officer" means:

1383

(1) A deputy sheriff, marshal, deputy marshal, member of the	1384
organized police department of a township or municipal	1385
corporation, member of a township police district or joint	1386
township police district police force, member of a police force	1387
employed by a metropolitan housing authority under division (D) of	1388
section 3735.31 of the Revised Code, or township constable, who is	1389
commissioned and employed as a peace officer by a political	1390
subdivision of this state or by a metropolitan housing authority,	1391
and whose primary duties are to preserve the peace, to protect	1392
life and property, and to enforce the laws of this state,	1393
ordinances of a municipal corporation, resolutions of a township,	1394
or regulations of a board of county commissioners or board of	1395
township trustees, or any of those laws, ordinances, resolutions,	1396
or regulations;	1397

(2) A police officer who is employed by a railroad company	1398
and appointed and commissioned by the secretary of state pursuant	1399
to sections 4973.17 to 4973.22 of the Revised Code;	1400

(3) Employees of the department of taxation engaged in the	1401
enforcement of Chapter 5743. of the Revised Code and designated by	1402
the tax commissioner for peace officer training for purposes of	1403
the delegation of investigation powers under section 5743.45 of	1404
the Revised Code;	1405

(4) An undercover drug agent;

1406

(5) Enforcement agents of the department of public safety	1407
whom the director of public safety designates under section	1408
5502.14 of the Revised Code;	1409

(6) An employee of the department of natural resources who is	1410
a natural resources law enforcement staff officer designated	1411
pursuant to section 1501.013, a park officer designated pursuant	1412
to section 1541.10, a forest officer designated pursuant to	1413
section 1503.29, a preserve officer designated pursuant to section	1414
1517.10, a wildlife officer designated pursuant to section	1415
1531.13, or a state watercraft officer designated pursuant to	1416
section 1547.521 of the Revised Code;	1417

(7) An employee of a park district who is designated pursuant	1418
to section 511.232 or 1545.13 of the Revised Code;	1419

(8) An employee of a conservancy district who is designated	1420
pursuant to section 6101.75 of the Revised Code;	1421

(9) A police officer who is employed by a hospital that	1422
employs and maintains its own proprietary police department or	1423
security department, and who is appointed and commissioned by the	1424
secretary of state pursuant to sections 4973.17 to 4973.22 of the	1425
Revised Code;	1426

(10) Veterans' homes police officers designated under section	1427
5907.02 of the Revised Code;	1428

(11) A police officer who is employed by a qualified	1429
nonprofit corporation police department pursuant to section	1430
1702.80 of the Revised Code;	1431

(12) A state university law enforcement officer appointed	1432
under section 3345.04 of the Revised Code or a person serving as a	1433
state university law enforcement officer on a permanent basis on	1434
June 19, 1978, who has been awarded a certificate by the executive	1435
director of the Ohio peace officer training commission attesting	1436
to the person's satisfactory completion of an approved state,	1437
county, municipal, or department of natural resources peace	1438
officer basic training program;	1439

(13) A special police officer employed by the department of	1440
mental health pursuant to section 5119.14 of the Revised Code or	1441
the department of developmental disabilities pursuant to section	1442
5123.13 of the Revised Code;	1443

(14) A member of a campus police department appointed under	1444
section 1713.50 of the Revised Code;	1445

(15) A member of a police force employed by a regional	1446
transit authority under division (Y) of section 306.35 of the	1447
Revised Code;	1448

(16) Investigators appointed by the auditor of state pursuant	1449
to section 117.091 of the Revised Code and engaged in the	1450
enforcement of Chapter 117. of the Revised Code;	1451

(17) A special police officer designated by the	1452
superintendent of the state highway patrol pursuant to section	1453
5503.09 of the Revised Code or a person who was serving as a	1454
special police officer pursuant to that section on a permanent	1455
basis on October 21, 1997, and who has been awarded a certificate	1456
by the executive director of the Ohio peace officer training	1457
commission attesting to the person's satisfactory completion of an	1458
approved state, county, municipal, or department of natural	1459
resources peace officer basic training program;	1460

(18) A special police officer employed by a port authority	1461
under section 4582.04 or 4582.28 of the Revised Code or a person	1462
serving as a special police officer employed by a port authority	1463
on a permanent basis on May 17, 2000, who has been awarded a	1464
certificate by the executive director of the Ohio peace officer	1465
training commission attesting to the person's satisfactory	1466
completion of an approved state, county, municipal, or department	1467
of natural resources peace officer basic training program;	1468

(19) A special police officer employed by a municipal	1469
corporation who has been awarded a certificate by the executive	1470
director of the Ohio peace officer training commission for	1471
satisfactory completion of an approved peace officer basic	1472
training program and who is employed on a permanent basis on or	1473
after March 19, 2003, at a municipal airport, or other municipal	1474
air navigation facility, that has scheduled operations, as defined	1475
in section 119.3 of Title 14 of the Code of Federal Regulations,	1476
14 C.F.R. 119.3, as amended, and that is required to be under a	1477
security program and is governed by aviation security rules of the	1478
transportation security administration of the United States	1479
department of transportation as provided in Parts 1542. and 1544.	1480
of Title 49 of the Code of Federal Regulations, as amended;	1481

(20) A police officer who is employed by an owner or operator	1482
of an amusement park that has an average yearly attendance in	1483
excess of six hundred thousand guests and that employs and	1484
maintains its own proprietary police department or security	1485
department, and who is appointed and commissioned by a judge of	1486
the appropriate municipal court or county court pursuant to	1487
section 4973.17 of the Revised Code;	1488

(21) A police officer who is employed by a bank, savings and	1489
loan association, savings bank, credit union, or association of	1490
banks, savings and loan associations, savings banks, or credit	1491
unions, who has been appointed and commissioned by the secretary	1492
of state pursuant to sections 4973.17 to 4973.22 of the Revised	1493
Code, and who has been awarded a certificate by the executive	1494
director of the Ohio peace officer training commission attesting	1495
to the person's satisfactory completion of a state, county,	1496
municipal, or department of natural resources peace officer basic	1497
training program;	1498

(22) An investigator, as defined in section 109.541 of the	1499
Revised Code, of the bureau of criminal identification and	1500
investigation who is commissioned by the superintendent of the	1501
bureau as a special agent for the purpose of assisting law	1502
enforcement officers or providing emergency assistance to peace	1503
officers pursuant to authority granted under that section;	1504

(23) A state fire marshal law enforcement officer appointed	1505
under section 3737.22 of the Revised Code or a person serving as a	1506
state fire marshal law enforcement officer on a permanent basis on	1507
or after July 1, 1982, who has been awarded a certificate by the	1508
executive director of the Ohio peace officer training commission	1509
attesting to the person's satisfactory completion of an approved	1510
state, county, municipal, or department of natural resources peace	1511
officer basic training program;	1512

(24) A gaming agent employed under section 3772.03 of the	1513
Revised Code.	1514

(B) "Undercover drug agent" has the same meaning as in	1515
division (B)(2) of section 109.79 of the Revised Code.	1516

(C) "Crisis intervention training" means training in the use	1517
of interpersonal and communication skills to most effectively and	1518
sensitively interview victims of rape.	1519

(D) "Missing children" has the same meaning as in section	1520
2901.30 of the Revised Code.	1521

Sec. 109.77. (A) As used in this section, "felony" has the	1522
same meaning as in section 109.511 of the Revised Code.	1523

(B)(1) Notwithstanding any general, special, or local law or	1524
charter to the contrary, and except as otherwise provided in this	1525
section, no person shall receive an original appointment on a	1526
permanent basis as any of the following unless the person	1527
previously has been awarded a certificate by the executive	1528
director of the Ohio peace officer training commission attesting	1529
to the person's satisfactory completion of an approved state,	1530
county, municipal, or department of natural resources peace	1531
officer basic training program:	1532

(a) A peace officer of any county, township, municipal	1533
corporation, regional transit authority, or metropolitan housing	1534
authority;	1535

(b) A natural resources law enforcement staff officer, park	1536
officer, forest officer, preserve officer, wildlife officer, or	1537
state watercraft officer of the department of natural resources;	1538

(c) An employee of a park district under section 511.232 or	1539
1545.13 of the Revised Code;	1540

(d) An employee of a conservancy district who is designated	1541
pursuant to section 6101.75 of the Revised Code;	1542

(e) A state university law enforcement officer;

1543

(f) A special police officer employed by the department of	1544
mental health pursuant to section 5119.14 of the Revised Code or	1545
the department of developmental disabilities pursuant to section	1546
5123.13 of the Revised Code;	1547

(g) An enforcement agent of the department of public safety	1548
whom the director of public safety designates under section	1549
5502.14 of the Revised Code;	1550

(h) A special police officer employed by a port authority	1551
under section 4582.04 or 4582.28 of the Revised Code;	1552

(i) A special police officer employed by a municipal	1553
corporation at a municipal airport, or other municipal air	1554
navigation facility, that has scheduled operations, as defined in	1555
section 119.3 of Title 14 of the Code of Federal Regulations, 14	1556
C.F.R. 119.3, as amended, and that is required to be under a	1557
security program and is governed by aviation security rules of the	1558
transportation security administration of the United States	1559
department of transportation as provided in Parts 1542. and 1544.	1560
of Title 49 of the Code of Federal Regulations, as amended;	1561

(j) A gaming agent employed under section 3772.03 of the	1562
Revised Code.	1563

(2) Every person who is appointed on a temporary basis or for	1564
a probationary term or on other than a permanent basis as any of	1565
the following shall forfeit the appointed position unless the	1566
person previously has completed satisfactorily or, within the time	1567
prescribed by rules adopted by the attorney general pursuant to	1568
section 109.74 of the Revised Code, satisfactorily completes a	1569
state, county, municipal, or department of natural resources peace	1570
officer basic training program for temporary or probationary	1571
officers and is awarded a certificate by the director attesting to	1572
the satisfactory completion of the program:	1573

(a) A peace officer of any county, township, municipal	1574
corporation, regional transit authority, or metropolitan housing	1575
authority;	1576

(b) A natural resources law enforcement staff officer, park	1577
officer, forest officer, preserve officer, wildlife officer, or	1578
state watercraft officer of the department of natural resources;	1579

(c) An employee of a park district under section 511.232 or	1580
1545.13 of the Revised Code;	1581

(d) An employee of a conservancy district who is designated	1582
pursuant to section 6101.75 of the Revised Code;	1583

(e) A special police officer employed by the department of	1584
mental health pursuant to section 5119.14 of the Revised Code or	1585
the department of developmental disabilities pursuant to section	1586
5123.13 of the Revised Code;	1587

(f) An enforcement agent of the department of public safety	1588
whom the director of public safety designates under section	1589
5502.14 of the Revised Code;	1590

(g) A special police officer employed by a port authority	1591
under section 4582.04 or 4582.28 of the Revised Code;	1592

(h) A special police officer employed by a municipal	1593
corporation at a municipal airport, or other municipal air	1594
navigation facility, that has scheduled operations, as defined in	1595
section 119.3 of Title 14 of the Code of Federal Regulations, 14	1596
C.F.R. 119.3, as amended, and that is required to be under a	1597
security program and is governed by aviation security rules of the	1598
transportation security administration of the United States	1599
department of transportation as provided in Parts 1542. and 1544.	1600
of Title 49 of the Code of Federal Regulations, as amended.	1601

(3) For purposes of division (B) of this section, a state,	1602
county, municipal, or department of natural resources peace	1603
officer basic training program, regardless of whether the program	1604
is to be completed by peace officers appointed on a permanent or	1605
temporary, probationary, or other nonpermanent basis, shall	1606
include training in the handling of the offense of domestic	1607
violence, other types of domestic violence-related offenses and	1608
incidents, and protection orders and consent agreements issued or	1609
approved under section 2919.26 or 3113.31 of the Revised Code and	1610
crisis intervention training. The requirement to complete training	1611
in the handling of the offense of domestic violence, other types	1612
of domestic violence-related offenses and incidents, and	1613
protection orders and consent agreements issued or approved under	1614
section 2919.26 or 3113.31 of the Revised Code does not apply to	1615
any person serving as a peace officer on March 27, 1979, and the	1616
requirement to complete training in crisis intervention does not	1617
apply to any person serving as a peace officer on April 4, 1985.	1618
Any person who is serving as a peace officer on April 4, 1985, who	1619
terminates that employment after that date, and who subsequently	1620
is hired as a peace officer by the same or another law enforcement	1621
agency shall complete training in crisis intervention as	1622
prescribed by rules adopted by the attorney general pursuant to	1623
section 109.742 of the Revised Code. No peace officer shall have	1624
employment as a peace officer terminated and then be reinstated	1625
with intent to circumvent this section.	1626

(4) Division (B) of this section does not apply to any person	1627
serving on a permanent basis on March 28, 1985, as a park officer,	1628
forest officer, preserve officer, wildlife officer, or state	1629
watercraft officer of the department of natural resources or as an	1630
employee of a park district under section 511.232 or 1545.13 of	1631
the Revised Code, to any person serving on a permanent basis on	1632
March 6, 1986, as an employee of a conservancy district designated	1633
pursuant to section 6101.75 of the Revised Code, to any person	1634
serving on a permanent basis on January 10, 1991, as a preserve	1635
officer of the department of natural resources, to any person	1636
employed on a permanent basis on July 2, 1992, as a special police	1637
officer by the department of mental health pursuant to section	1638
5119.14 of the Revised Code or by the department of developmental	1639
disabilities pursuant to section 5123.13 of the Revised Code, to	1640
any person serving on a permanent basis on May 17, 2000, as a	1641
special police officer employed by a port authority under section	1642
4582.04 or 4582.28 of the Revised Code, to any person serving on a	1643
permanent basis on March 19, 2003, as a special police officer	1644
employed by a municipal corporation at a municipal airport or	1645
other municipal air navigation facility described in division	1646
(A)(19) of section 109.71 of the Revised Code, to any person	1647
serving on a permanent basis on June 19, 1978, as a state	1648
university law enforcement officer pursuant to section 3345.04 of	1649
the Revised Code and who, immediately prior to June 19, 1978, was	1650
serving as a special police officer designated under authority of	1651
that section, or to any person serving on a permanent basis on	1652
September 20, 1984, as a liquor control investigator, known after	1653
June 30, 1999, as an enforcement agent of the department of public	1654
safety, engaged in the enforcement of Chapters 4301. and 4303. of	1655
the Revised Code.	1656

(5) Division (B) of this section does not apply to any person	1657
who is appointed as a regional transit authority police officer	1658
pursuant to division (Y) of section 306.35 of the Revised Code if,	1659
on or before July 1, 1996, the person has completed satisfactorily	1660
an approved state, county, municipal, or department of natural	1661
resources peace officer basic training program and has been	1662
awarded a certificate by the executive director of the Ohio peace	1663
officer training commission attesting to the person's satisfactory	1664
completion of such an approved program and if, on July 1, 1996,	1665
the person is performing peace officer functions for a regional	1666
transit authority.	1667

(C) No person, after September 20, 1984, shall receive an	1668
original appointment on a permanent basis as a veterans' home	1669
police officer designated under section 5907.02 of the Revised	1670
Code unless the person previously has been awarded a certificate	1671
by the executive director of the Ohio peace officer training	1672
commission attesting to the person's satisfactory completion of an	1673
approved police officer basic training program. Every person who	1674
is appointed on a temporary basis or for a probationary term or on	1675
other than a permanent basis as a veterans' home police officer	1676
designated under section 5907.02 of the Revised Code shall forfeit	1677
that position unless the person previously has completed	1678
satisfactorily or, within one year from the time of appointment,	1679
satisfactorily completes an approved police officer basic training	1680
program.	1681

(D) No bailiff or deputy bailiff of a court of record of this	1682
state and no criminal investigator who is employed by the state	1683
public defender shall carry a firearm, as defined in section	1684
2923.11 of the Revised Code, while on duty unless the bailiff,	1685
deputy bailiff, or criminal investigator has done or received one	1686
of the following:	1687

(1) Has been awarded a certificate by the executive director	1688
of the Ohio peace officer training commission, which certificate	1689
attests to satisfactory completion of an approved state, county,	1690
or municipal basic training program for bailiffs and deputy	1691
bailiffs of courts of record and for criminal investigators	1692
employed by the state public defender that has been recommended by	1693
the Ohio peace officer training commission;	1694

(2) Has successfully completed a firearms training program	1695
approved by the Ohio peace officer training commission prior to	1696
employment as a bailiff, deputy bailiff, or criminal investigator;	1697

(3) Prior to June 6, 1986, was authorized to carry a firearm	1698
by the court that employed the bailiff or deputy bailiff or, in	1699
the case of a criminal investigator, by the state public defender	1700
and has received training in the use of firearms that the Ohio	1701
peace officer training commission determines is equivalent to the	1702
training that otherwise is required by division (D) of this	1703
section.	1704

(E)(1) Before a person seeking a certificate completes an	1705
approved peace officer basic training program, the executive	1706
director of the Ohio peace officer training commission shall	1707
request the person to disclose, and the person shall disclose, any	1708
previous criminal conviction of or plea of guilty of that person	1709
to a felony.	1710

(2) Before a person seeking a certificate completes an	1711
approved peace officer basic training program, the executive	1712
director shall request a criminal history records check on the	1713
person. The executive director shall submit the person's	1714
fingerprints to the bureau of criminal identification and	1715
investigation, which shall submit the fingerprints to the federal	1716
bureau of investigation for a national criminal history records	1717
check.	1718

Upon receipt of the executive director's request, the bureau	1719
of criminal identification and investigation and the federal	1720
bureau of investigation shall conduct a criminal history records	1721
check on the person and, upon completion of the check, shall	1722
provide a copy of the criminal history records check to the	1723
executive director. The executive director shall not award any	1724
certificate prescribed in this section unless the executive	1725
director has received a copy of the criminal history records check	1726
on the person to whom the certificate is to be awarded.	1727

(3) The executive director of the commission shall not award	1728
a certificate prescribed in this section to a person who has been	1729
convicted of or has pleaded guilty to a felony or who fails to	1730
disclose any previous criminal conviction of or plea of guilty to	1731
a felony as required under division (E)(1) of this section.	1732

(4) The executive director of the commission shall revoke the	1733
certificate awarded to a person as prescribed in this section, and	1734
that person shall forfeit all of the benefits derived from being	1735
certified as a peace officer under this section, if the person,	1736
before completion of an approved peace officer basic training	1737
program, failed to disclose any previous criminal conviction of or	1738
plea of guilty to a felony as required under division (E)(1) of	1739
this section.	1740

(F)(1) Regardless of whether the person has been awarded the	1741
certificate or has been classified as a peace officer prior to,	1742
on, or after October 16, 1996, the executive director of the Ohio	1743
peace officer training commission shall revoke any certificate	1744
that has been awarded to a person as prescribed in this section if	1745
the person does either of the following:	1746

(a) Pleads guilty to a felony committed on or after January	1747
1, 1997;	1748

(b) Pleads guilty to a misdemeanor committed on or after	1749
January 1, 1997, pursuant to a negotiated plea agreement as	1750
provided in division (D) of section 2929.43 of the Revised Code in	1751
which the person agrees to surrender the certificate awarded to	1752
the person under this section.	1753

(2) The executive director of the commission shall suspend	1754
any certificate that has been awarded to a person as prescribed in	1755
this section if the person is convicted, after trial, of a felony	1756
committed on or after January 1, 1997. The executive director	1757
shall suspend the certificate pursuant to division (F)(2) of this	1758
section pending the outcome of an appeal by the person from that	1759
conviction to the highest court to which the appeal is taken or	1760
until the expiration of the period in which an appeal is required	1761
to be filed. If the person files an appeal that results in that	1762
person's acquittal of the felony or conviction of a misdemeanor,	1763
or in the dismissal of the felony charge against that person, the	1764
executive director shall reinstate the certificate awarded to the	1765
person under this section. If the person files an appeal from that	1766
person's conviction of the felony and the conviction is upheld by	1767
the highest court to which the appeal is taken or if the person	1768
does not file a timely appeal, the executive director shall revoke	1769
the certificate awarded to the person under this section.	1770

(G)(1) If a person is awarded a certificate under this	1771
section and the certificate is revoked pursuant to division (E)(4)	1772
or (F) of this section, the person shall not be eligible to	1773
receive, at any time, a certificate attesting to the person's	1774
satisfactory completion of a peace officer basic training program.	1775

(2) The revocation or suspension of a certificate under	1776
division (E)(4) or (F) of this section shall be in accordance with	1777
Chapter 119. of the Revised Code.	1778

(H)(1) A person who was employed as a peace officer of a	1779
county, township, or municipal corporation of the state on January	1780
1, 1966, and who has completed at least sixteen years of full-time	1781
active service as such a peace officer, or equivalent service as	1782
determined by the executive director of the Ohio peace officer	1783
training commission, may receive an original appointment on a	1784
permanent basis and serve as a peace officer of a county,	1785
township, or municipal corporation, or as a state university law	1786
enforcement officer, without complying with the requirements of	1787
division (B) of this section.	1788

(2) Any person who held an appointment as a state highway	1789
trooper on January 1, 1966, may receive an original appointment on	1790
a permanent basis and serve as a peace officer of a county,	1791
township, or municipal corporation, or as a state university law	1792
enforcement officer, without complying with the requirements of	1793
division (B) of this section.	1794

(I) No person who is appointed as a peace officer of a	1795
county, township, or municipal corporation on or after April 9,	1796
1985, shall serve as a peace officer of that county, township, or	1797
municipal corporation unless the person has received training in	1798
the handling of missing children and child abuse and neglect cases	1799
from an approved state, county, township, or municipal police	1800
officer basic training program or receives the training within the	1801
time prescribed by rules adopted by the attorney general pursuant	1802
to section 109.741 of the Revised Code.	1803

(J) No part of any approved state, county, or municipal basic	1804
training program for bailiffs and deputy bailiffs of courts of	1805
record and no part of any approved state, county, or municipal	1806
basic training program for criminal investigators employed by the	1807
state public defender shall be used as credit toward the	1808
completion by a peace officer of any part of the approved state,	1809
county, or municipal peace officer basic training program that the	1810
peace officer is required by this section to complete	1811
satisfactorily.	1812

(K) This section does not apply to any member of the police	1813
department of a municipal corporation in an adjoining state	1814
serving in this state under a contract pursuant to section 737.04	1815
of the Revised Code.	1816

Sec. 109.79. (A) The Ohio peace officer training commission	1817
shall establish and conduct a training school for law enforcement	1818
officers of any political subdivision of the state or of the state	1819
public defender's office. The school shall be known as the Ohio	1820
peace officer training academy. No bailiff or deputy bailiff of a	1821
court of record of this state and no criminal investigator	1822
employed by the state public defender shall be permitted to attend	1823
the academy for training unless the employing court of the bailiff	1824
or deputy bailiff or the state public defender, whichever is	1825
applicable, has authorized the bailiff, deputy bailiff, or	1826
investigator to attend the academy.	1827

The Ohio peace officer training commission shall develop the	1828
training program, which shall include courses in both the civil	1829
and criminal functions of law enforcement officers, a course in	1830
crisis intervention with six or more hours of training, and	1831
training in the handling of missing children and child abuse and	1832
neglect cases, and shall establish rules governing qualifications	1833
for admission to the academy. The commission may require	1834
competitive examinations to determine fitness of prospective	1835
trainees, so long as the examinations or other criteria for	1836
admission to the academy are consistent with the provisions of	1837
Chapter 124. of the Revised Code.	1838

The Ohio peace officer training commission shall determine	1839
tuition costs sufficient in the aggregate to pay the costs of	1840
operating the academy. The costs of acquiring and equipping the	1841
academy shall be paid from appropriations made by the general	1842
assembly to the Ohio peace officer training commission for that	1843
purpose, from gifts or grants received for that purpose, or from	1844
fees for goods related to the academy.	1845

The Ohio peace officer training commission shall create a	1846
gaming-related curriculum for gaming agents. The Ohio peace	1847
officer training commission shall use money distributed to the	1848
Ohio peace officer training academy from the Ohio law enforcement	1849
training fund to first support the academy's training programs for	1850
gaming agents and gaming-related curriculum.	1851

The law enforcement officers, during the period of their	1852
training, shall receive compensation as determined by the	1853
political subdivision that sponsors them or, if the officer is a	1854
criminal investigator employed by the state public defender, as	1855
determined by the state public defender. The political subdivision	1856
may pay the tuition costs of the law enforcement officers they	1857
sponsor and the state public defender may pay the tuition costs of	1858
criminal investigators of that office who attend the academy.	1859

If trainee vacancies exist, the academy may train and issue	1860
certificates of satisfactory completion to peace officers who are	1861
employed by a campus police department pursuant to section 1713.50	1862
of the Revised Code, by a qualified nonprofit corporation police	1863
department pursuant to section 1702.80 of the Revised Code, or by	1864
a railroad company, who are amusement park police officers	1865
appointed and commissioned by a judge of the appropriate municipal	1866
court or county court pursuant to section 4973.17 of the Revised	1867
Code, or who are bank, savings and loan association, savings bank,	1868
credit union, or association of banks, savings and loan	1869
associations, savings banks, or credit unions, or hospital police	1870
officers appointed and commissioned by the secretary of state	1871
pursuant to sections 4973.17 to 4973.22 of the Revised Code,	1872
provided that no such officer shall be trained at the academy	1873
unless the officer meets the qualifications established for	1874
admission to the academy and the qualified nonprofit corporation	1875
police department; bank, savings and loan association, savings	1876
bank, credit union, or association of banks, savings and loan	1877
associations, savings banks, or credit unions; railroad company;	1878
hospital; or amusement park or the private college or university	1879
that established the campus police department prepays the entire	1880
cost of the training. A qualified nonprofit corporation police	1881
department; bank, savings and loan association, savings bank,	1882
credit union, or association of banks, savings and loan	1883
associations, savings banks, or credit unions; railroad company;	1884
hospital; or amusement park or a private college or university	1885
that has established a campus police department is not entitled to	1886
reimbursement from the state for any amount paid for the cost of	1887
training the bank, savings and loan association, savings bank,	1888
credit union, or association of banks, savings and loan	1889
associations, savings banks, or credit unions peace officers; the	1890
railroad company's peace officers; or the peace officers of the	1891
qualified nonprofit corporation police department, campus police	1892
department, hospital, or amusement park.	1893

The academy shall permit investigators employed by the state	1894
medical board to take selected courses that the board determines	1895
are consistent with its responsibilities for initial and	1896
continuing training of investigators as required under sections	1897
4730.26 and 4731.05 of the Revised Code. The board shall pay the	1898
entire cost of training that investigators receive at the academy.	1899

(B) As used in this section:

1900

(1) "Law enforcement officers" include any undercover drug	1901
agent, any bailiff or deputy bailiff of a court of record, and any	1902
criminal investigator who is employed by the state public	1903
defender.	1904

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

1905

(a) Is employed by a county, township, or municipal	1906
corporation for the purposes set forth in division (B)(2)(b) of	1907
this section but who is not an employee of a county sheriff's	1908
department, of a township constable, or of the police department	1909
of a municipal corporation or township;	1910

(b) In the course of the person's employment by a county,	1911
township, or municipal corporation, investigates and gathers	1912
information pertaining to persons who are suspected of violating	1913
Chapter 2925. or 3719. of the Revised Code, and generally does not	1914
wear a uniform in the performance of the person's duties.	1915

(3) "Crisis intervention training" has the same meaning as in	1916
section 109.71 of the Revised Code.	1917

(4) "Missing children" has the same meaning as in section	1918
2901.30 of the Revised Code.	1919

Sec. 121.54. As it relates in any way to state funds or	1920
public officials subject to the investigatory authority of the	1921
inspector general, the inspector general may investigate all	1922
wrongful acts or omissions that have been committed by or are	1923
being committed by any member of the commission or its employees,	1924
any entity or individual regulated or licensed by the commission,	1925
or, for casino-related matters, any other contractors, vendors, or	1926
persons doing business with the state.	1927

The inspector general shall conduct a program of random	1928
review of the processing of contracts associated with the	1929
commission or any casino facility or any slot or table game	1930
operated at any casino facility. The random review program shall	1931
be designed by the inspector general. The program shall be	1932
confidential and may be altered by the inspector general at any	1933
time.	1934

All state employees and all agents, employees, licensees, and	1935
officials of all casino operators, management companies, holding	1936
companies, or gaming-related vendors shall cooperate with and	1937
provide assistance to the inspector general in the performance of	1938
any investigation conducted by the inspector general. In	1939
particular, those persons shall make their premises, equipment,	1940
personnel, books, records, and papers readily available to the	1941
inspector general. In the course of an investigation, the	1942
inspector general may question any state employee, casino	1943
operator, management company, or holding company, official, or	1944
employee, or gaming-related vendor, and any person transacting	1945
business with the commission, any casino operator, management	1946
company, holding company, the state, or a state agency on a	1947
casino-related matter. The inspector general shall take care to	1948
preserve the confidentiality of information contained in responses	1949
to questions or in books, records, or papers that are made	1950
confidential by law. In performing any investigation, the	1951
inspector general shall avoid interfering with the ongoing	1952
operations of the entities being investigated, except insofar as	1953
is reasonably necessary to successfully complete the	1954
investigation.	1955

At the conclusion of an investigation conducted by the	1956
inspector general, the inspector general shall deliver to the	1957
director of the commission, depending on the subject of the	1958
investigation, and to the governor, any case for which remedial	1959
action is necessary. The inspector general shall maintain a public	1960
record of the activities of the inspector general to the extent	1961
permitted under this section, ensuring that the rights of the	1962
parties involved in each case are protected. The inspector general	1963
shall include in the annual report required under section 121.48	1964
of the Revised Code a summary of the activities of the inspector	1965
general under this section during the previous year.	1966

No person shall disclose any information that is designated	1967
as confidential in accordance with section 121.44 of the Revised	1968
Code or any confidential information that is acquired in the	1969
course of an investigation conducted under this section to any	1970
person who is not legally entitled to disclosure of that	1971
information.	1972

As used in this section, "state agency" and "state employee"	1973
have the same meanings as in section 121.41 of the Revised Code.	1974

Sec. 121.60. As used in sections 121.60 to 121.69 of the	1975
Revised Code:	1976

(A) "Person" and "compensation" have the same meanings as in	1977
section 101.70 of the Revised Code.	1978

(B) "Expenditure" means any of the following that is made to,	1979
at the request of, for the benefit of, or on behalf of an elected	1980
executive official, the director of a department created under	1981
section 121.02 of the Revised Code, an executive agency official,	1982
or a member of the staff of any public officer or employee listed	1983
in this division:	1984

(1) A payment, distribution, loan, advance, deposit,	1985
reimbursement, or gift of money, real estate, or anything of	1986
value, including, but not limited to, food and beverages,	1987
entertainment, lodging, transportation, or honorariums;	1988

(2) A contract, promise, or agreement to make an expenditure,	1989
whether or not legally enforceable;	1990

(3) The purchase, sale, or gift of services or any other	1991
thing of value. "Expenditure" does not include a contribution,	1992
gift, or grant to a foundation or other charitable organization	1993
that is exempt from federal income taxation under subsection	1994
501(c)(3) of the Internal Revenue Code. "Expenditure" does not	1995
include the purchase, sale, or gift of services or any other thing	1996
of value that is available to the general public on the same terms	1997
as it is available to the persons listed in this division, or an	1998
offer or sale of securities to any person listed in this division	1999
that is governed by regulation D, 17 C.F.R. ~~2301.501~~230.501 to	2000
~~2301.508~~230.508, adopted under the authority of the "Securities	2001
Act of 1933," 48 Stat. 74, 15 U.S.C.A. and following, or that is	2002
governed by a comparable provision under state law.	2003

(C) "Employer" means any person who, directly or indirectly,	2004
engages an executive agency lobbyist.	2005

(D) "Engage" means to make any arrangement, and "engagement"	2006
means arrangement, whereby an individual is employed or retained	2007
for compensation to act for or on behalf of an employer to	2008
influence executive agency decisions or to conduct any executive	2009
agency lobbying activity.	2010

(E) "Financial transaction" means a transaction or activity	2011
that is conducted or undertaken for profit and arises from the	2012
joint ownership or the ownership or part ownership in common of	2013
any real or personal property or any commercial or business	2014
enterprise of whatever form or nature between the following:	2015

(1) An executive agency lobbyist, ~~his~~the executive agency	2016
lobbyist's employer, or a member of the immediate family of the	2017
executive agency lobbyist or ~~his~~the executive agency lobbyist's	2018
employer; and	2019

(2) Any elected executive official, the director of a	2020
department created under section 121.02 of the Revised Code, an	2021
executive agency official, or any member of the staff of a public	2022
officer or employee listed in division (E)(2) of this section.	2023

"Financial transaction" does not include any transaction or	2024
activity described in division (E) of this section if it is	2025
available to the general public on the same terms, or if it is an	2026
offer or sale of securities to any person listed in division	2027
(E)(2) of this section that is governed by regulation D, 17 C.F.R.	2028
~~2301.501~~230.501 to ~~2301.508~~230.508, adopted under the authority	2029
of the "Securities Act of 1933," 48 Stat. 74, 15 U.S.C.A. and	2030
following, or that is governed by a comparable provision under	2031
state law.	2032

(F) "Executive agency" means the office of an elected	2033
executive official, a department created under section 121.02 of	2034
the Revised Code, or any other state agency, department, board, or	2035
commission controlled or directed by an elected executive official	2036
or otherwise subject to ~~his~~an elected executive official's	2037
authority. "Executive agency" does not include any court, the	2038
general assembly, or the controlling board.	2039

(G) "Executive agency decision" means a decision of an	2040
executive agency regarding the expenditure of funds of the state	2041
or of an executive agency with respect to the award of a contract,	2042
grant, lease, or other financial arrangement under which such	2043
funds are distributed or allocated, or a regulatory decision of an	2044
executive agency or any board or commission of the state.	2045
"Executive agency decision" does not include either of the	2046
following:	2047

(1) A purchasing decision for which a vendor has filed a	2048
statement certifying that hethe vendor has not made campaign	2049
contributions in an amount such that section 3517.13 of the	2050
Revised Code would invalidate the decision, if that vendor has not	2051
engaged an executive agency lobbyist;	2052

(2) The award of a competitively bid contract for which bid	2053
specifications were prepared and for which at least three eligible	2054
competitive bids were received by the executive agency.	2055

(H) "Executive agency lobbyist" means any person engaged to	2056
influence executive agency decisions or to conduct executive	2057
agency lobbying activity as one of ~~his~~the person's main purposes	2058
on a regular and substantial basis. "Executive agency lobbyist"	2059
does not include an elected or appointed officer or employee of a	2060
federal or state agency, state college, state university, or	2061
political subdivision who attempts to influence or affect	2062
executive agency decisions in ~~his~~a fiduciary capacity as a	2063
representative of ~~his~~the officer's or employee's agency, college,	2064
university, or political subdivision.	2065

(I) "Executive agency lobbying activity" means contacts made	2066
to promote, oppose, or otherwise influence the outcome of an	2067
executive agency decision by direct communication with an elected	2068
executive official, the director of any department listed in	2069
section 121.02 of the Revised Code, any executive agency official,	2070
or a member of the staff of any public officer or employee listed	2071
in this division, or the Ohio casino control commission. "Lobbying	2072
activity" does not include any of the following:	2073

(1) The action of any person having a direct interest in	2074
executive agency decisions who, under Section 3 of Article I, Ohio	2075
Constitution, assembles together with other persons to consult for	2076
their common good, instructs a person listed in the first	2077
paragraph of division (I) of this section, or petitions such a	2078
person for the redress of grievances;	2079

(2) Contacts made for the sole purpose of gathering	2080
information contained in a public record;	2081

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

2082

(J) "Executive agency official" means an officer or employee	2083
of an executive agency whose principal duties are to formulate	2084
policy or to participate directly or indirectly in the	2085
preparation, review, or award of contracts, grants, leases, or	2086
other financial arrangements with an executive agency.	2087

(K) "Aggrieved party" means a party entitled to resort to a	2088
remedy.	2089

(L) "Elected executive official" means the governor,	2090
lieutenant governor, secretary of state, auditor of state,	2091
treasurer of state, and the attorney general.	2092

(M) "Staff" means any officer or employee of an executive	2093
agency whose official duties are to formulate policy and who	2094
exercises administrative or supervisory authority or who	2095
authorizes the expenditure of state funds.	2096

Sec. 126.45. (A) As used in sections 126.45 to 126.48 of the	2097
Revised Code, "state agency" means the administrative departments	2098
listed in section 121.02 of the Revised Code, the department of	2099
taxation, ~~and~~ the bureau of workers' compensation, and the Ohio	2100
casino control commission.	2101

(B) The office of internal auditing is hereby created in the	2102
office of budget and management to conduct internal audits of	2103
state agencies or divisions of state agencies to improve their	2104
operations in the areas of risk management, internal controls, and	2105
governance. The director of budget and management, with the	2106
approval of the governor, shall appoint for the office of internal	2107
auditing a chief internal auditor who meets the qualifications	2108
specified in division (C) of this section. The chief internal	2109
auditor shall serve at the director's pleasure and be responsible	2110
for the administration of the office of internal auditing	2111
consistent with sections 126.45 to 126.48 of the Revised Code.	2112

The office of internal auditing shall conduct programs for	2113
the internal auditing of state agencies. The programs shall	2114
include an annual internal audit plan, reviewed by the state audit	2115
committee, that utilizes risk assessment techniques and identifies	2116
the specific audits to be conducted during the year. The programs	2117
also shall include periodic audits of each state agency's major	2118
systems and controls, including those systems and controls	2119
pertaining to accounting, administration, and electronic data	2120
processing. Upon the request of the office of internal auditing,	2121
each state agency shall provide office employees access to all	2122
records and documents necessary for the performance of an internal	2123
audit.	2124

The director of budget and management shall assess a charge	2125
against each state agency for which the office of internal	2126
auditing conducts internal auditing programs under sections 126.45	2127
to 126.48 of the Revised Code so that the total amount of these	2128
charges is sufficient to cover the costs of the operation of the	2129
office of internal auditing.	2130

(C) The chief internal auditor of the office of internal	2131
auditing shall hold at least a bachelor's degree and be one of the	2132
following:	2133

(1) A certified internal auditor, a certified government	2134
auditing professional, or a certified public accountant, who also	2135
has held a PA registration or a CPA certificate authorized by	2136
Chapter 4701. of the Revised Code for at least four years and has	2137
at least six years of auditing experience;	2138

(2) An auditor who has held a PA registration or a CPA	2139
certificate authorized by Chapter 4701. of the Revised Code for at	2140
least four years and has at least ten years of auditing	2141
experience.	2142

(D) The chief internal auditor, subject to the direction and	2143
control of the director of budget and management, may appoint and	2144
maintain any staff necessary to carry out the duties assigned by	2145
sections 126.45 to 126.48 of the Revised Code to the office of	2146
internal auditing or to the chief internal auditor.	2147

Sec. 1705.48. Except as otherwise provided by this chapter	2148
or any other provision of the Revised Code, including, but not	2149
limited to, sections 3734.908, 5739.33, 5743.57, 5747.07, and	2150
~~5753.09~~5753.02 of the Revised Code, all of the following apply:	2151

(A) The debts, obligations, and liabilities of a limited	2152
liability company, whether arising in contract, tort, or	2153
otherwise, are solely the debts, obligations, and liabilities of	2154
the limited liability company.	2155

(B) Neither the members of the limited liability company nor	2156
any managers of the limited liability company are personally	2157
liable to satisfy any judgment, decree, or order of a court for,	2158
or are personally liable to satisfy in any other manner, a debt,	2159
obligation, or liability of the company solely by reason of being	2160
a member or manager of the limited liability company.	2161

(C) Nothing in this chapter affects any personal liability of	2162
a member of a limited liability company or any manager of a	2163
limited liability company for the member's or manager's own	2164
actions or omissions.	2165

(D) This chapter does not affect any statutory or common law	2166
of this or another state that pertains to the relationship between	2167
an individual who renders a professional service and a recipient	2168
of that service, including, but not limited to, any contract or	2169
tort liability arising out of acts or omissions committed or	2170
omitted during the course of rendering the professional service.	2171

Sec. 3517.1015. Each person licensed under Chapter 3772. of	2172
the Revised Code shall disclose quarterly to the secretary of	2173
state any contribution of one hundred dollars or more made to the	2174
holder of or any candidate for a statewide office, a member of the	2175
general assembly, a local government official of a jurisdiction	2176
where a casino facility is located, or to any ballot issue.	2177

Sec. 3769.081. The state racing commission shall administer	2178
the Ohio state racing commission fund. The commission shall use	2179
the money in the fund to support purses, breeding programs, race	2180
track operations, and commission operations. The commission,	2181
considering the relative importance of these purposes in light of	2182
prevailing circumstances in the horse racing industry, shall	2183
determine the percentage of the money in the fund that is to be	2184
applied to each of these purposes.	2185

Sec. 3772.01. As used in this chapter:

2186

(A) "Applicant" means any person who applies to the	2187
commission for a license under this chapter.	2188

(B) "Casino facility" means casino facility as defined in	2189
Section 6(C)(9) of Article XV, Ohio Constitution.	2190

(C) "Casino gaming" means any type of slot machine or table	2191
game wagering, using money, casino credit, or any representative	2192
of value, authorized in any of the states of Indiana, Michigan,	2193
Pennsylvania, and West Virginia as of January 1, 2009, and	2194
includes slot machine and table game wagering subsequently	2195
authorized by, but shall not be limited by, subsequent	2196
restrictions placed on such wagering in such states. "Casino	2197
gaming" does not include bingo, as authorized in Section 6 of	2198
Article XV, Ohio Constitution and conducted as of January 1, 2009,	2199
or horse racing where the pari-mutuel system of wagering is	2200
conducted, as authorized under the laws of this state as of	2201
January 1, 2009.	2202

(D) "Casino gaming employee" means any employee of a casino	2203
operator or management company, but not a key employee, and as	2204
further defined in section 3772.131 of the Revised Code.	2205

(E) "Casino operator" means any person, trust, corporation,	2206
partnership, limited partnership, association, limited liability	2207
company, or other business enterprise that directly holds an	2208
ownership or leasehold interest in a casino facility. "Casino	2209
operator" does not include an agency of the state, any political	2210
subdivision of the state, any person, trust, corporation,	2211
partnership, limited partnership, association, limited liability	2212
company, or other business enterprise that may have an interest in	2213
a casino facility, but who is legally or contractually restricted	2214
from conducting casino gaming.	2215

(F) "Central system" means a computer system that provides	2216
the following functions related to casino gaming equipment used in	2217
connection with casino gaming authorized under this chapter:	2218
security, auditing, data and information retrieval, and other	2219
purposes deemed necessary and authorized by the commission.	2220

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

2221

(H) "Gaming agent" means a peace officer employed by the	2222
commission that is vested with duties to enforce this chapter and	2223
conduct other investigations into the conduct of the casino gaming	2224
and the maintenance of the equipment that the commission considers	2225
necessary and proper and is in compliance with section 109.77 of	2226
the Revised Code.	2227

(I) "Gaming-related vendor" means any individual,	2228
partnership, corporation, association, trust, or any other group	2229
of individuals, however organized, who supplies equipment, goods,	2230
or services to a casino operator or management company, that are	2231
directly related to or affect casino gaming authorized under this	2232
chapter, including the manufacture, sale, distribution, testing,	2233
or repair of slot machines and table game equipment.	2234

(J) "Holding company" means any corporation, firm,	2235
partnership, limited partnership, limited liability company,	2236
trust, or other form of business organization not a natural person	2237
which directly owns, has the power or right to control, or holds	2238
with power to vote, any part of an applicant, casino operator,	2239
management company, or gaming-related vendor license.	2240

(K) "Initial investment" includes costs related to	2241
engineering, architecture, design, site preparation, construction,	2242
infrastructure improvements, and leasehold improvements. "Initial	2243
investment" does not include costs related to land acquisition,	2244
fixtures and equipment, inventory, insurance, working capital, and	2245
any state incentives.	2246

(L) "Institutional investor" means any of the following	2247
entities owning five per cent or less, or a percentage between	2248
five and ten per cent as approved by the commission for a waiver	2249
on a case-by-case basis, ownership interest in a casino facility,	2250
casino operator, management company, or holding company: a	2251
corporation, bank, insurance company, pension fund or pension fund	2252
trust, retirement fund, including funds administered by a public	2253
agency, employees' profit-sharing fund or employees'	2254
profit-sharing trust, any association engaged, as a substantial	2255
part of its business or operations, in purchasing or holding	2256
securities, or any trust in respect of which a bank is trustee or	2257
cotrustee, investment company registered under the "Investment	2258
Company Act of 1940," 15 U.S.C. 80a-1 et seq., collective	2259
investment trust organized by banks under Part Nine of the Rules	2260
of the Comptroller of the Currency, closed-end investment trust,	2261
chartered or licensed life insurance company or property and	2262
casualty insurance company, investment advisor registered under	2263
the "Investment Advisors Act of 1940," 15 U.S.C. 80 b-1 et seq.,	2264
and such other persons as the commission may reasonably determine	2265
to qualify as an institutional investor for reasons consistent	2266
with this chapter.	2267

(M) "Key employee" means any executive, employee, or agent of	2268
a casino operator or management company licensee having the power	2269
to exercise significant influence over decisions concerning any	2270
part of the operation of such licensee, including:	2271

(1) An officer, director, trustee, or partner of a person	2272
that has applied for or holds a casino operator, management	2273
company, or gaming-related vendor license or of a holding company	2274
that has control of a person that has applied for or holds a	2275
casino operator, management company, or gaming-related vendor	2276
license;	2277

(2) A person that holds a direct ownership interest of more	2278
than five per cent in a person that has applied for or holds a	2279
casino operator, management company, or gaming-related vendor	2280
license or holding company that has control of a person that has	2281
applied for or holds a casino operator, management company, or	2282
gaming-related vendor license;	2283

(3) A managerial employee of a person that has applied for or	2284
holds a casino operator or gaming-related vendor license in Ohio,	2285
or a managerial employee of a holding company that has control of	2286
a person that has applied for or holds a casino operator or	2287
gaming-related vendor license in Ohio, who performs the function	2288
of principal executive officer, principal operating officer,	2289
principal accounting officer, or an equivalent officer.	2290

The commission shall determine whether an individual whose	2291
duties or status varies from those described in this division also	2292
is considered a key employee.	2293

(N) "Licensed casino operator" means a casino operator that	2294
has been issued a license by the commission and that has been	2295
certified annually by the commission to have paid all applicable	2296
fees, taxes, and debts to the state.	2297

(O) "Majority ownership interest" in a license or in a casino	2298
facility, as the case may be, means ownership of more than fifty	2299
per cent of such license or casino facility, as the case may be.	2300
For purposes of the foregoing, whether a majority ownership	2301
interest is held in a license or in a casino facility, as the case	2302
may be, shall be determined under the rules for constructive	2303
ownership of stock provided in Treas. Reg. 1.409A-3(i)(5)(iii) as	2304
in effect on January 1, 2009.	2305

(P) "Management company" means an organization retained by a	2306
casino operator to manage a casino facility and provide services	2307
such as accounting, general administration, maintenance,	2308
recruitment, and other operational services.	2309

(Q) "Ohio law enforcement training fund" means the state law	2310
enforcement training fund described in Section 6(C)(3)(f) of	2311
Article XV, Ohio Constitution, the money in which shall be used to	2312
enhance public safety by providing additional training	2313
opportunities to the law enforcement community.	2314

(R) "Person" includes, but is not limited to, an individual	2315
or a combination of individuals; a sole proprietorship, a firm, a	2316
company, a joint venture, a partnership of any type, a joint-stock	2317
company, a corporation of any type, a corporate subsidiary of any	2318
type, a limited liability company, a business trust, or any other	2319
business entity or organization; an assignee; a receiver; a	2320
trustee in bankruptcy; an unincorporated association, club,	2321
society, or other unincorporated entity or organization; entities	2322
that are disregarded for federal income tax purposes; and any	2323
other nongovernmental, artificial, legal entity that is capable of	2324
engaging in business.	2325

(S) "Problem casino gambling and addictions fund" means the	2326
state problem gambling and addictions fund described in Section	2327
6(C)(3)(g) of Article XV, Ohio Constitution, the money in which	2328
shall be used for treatment of problem gambling and substance	2329
abuse, and for related research.	2330

(T) "Slot machine" means any mechanical, electrical, or other	2331
device or machine which, upon insertion of a coin, token, ticket,	2332
or similar object, or upon payment of any consideration, is	2333
available to play or operate, the play or operation of which,	2334
whether by reason of the skill of the operator or application of	2335
the element of chance, or both, makes individual prize	2336
determinations for individual participants in cash, premiums,	2337
merchandise, tokens, or any thing of value, whether the payoff is	2338
made automatically from the machine or in any other manner.	2339

(U) "Table game" means any game played with cards, dice, or	2340
any mechanical, electromechanical, or electronic device or machine	2341
for money, casino credit, or any representative of value. "Table	2342
game" does not include slot machines.	2343

(V) "Upfront license" means the first plenary license issued	2344
to a casino operator.	2345

(W) "Voluntary exclusion program" means a program provided by	2346
the commission that allows persons to voluntarily exclude	2347
themselves from the gaming areas of facilities under the	2348
jurisdiction of the commission by placing their name on a	2349
voluntary exclusion list and following the procedures set forth by	2350
the commission.	2351

Sec. 3772.02. (A) There is hereby created the Ohio casino	2352
control commission described in Section 6(C)(1) of Article XV,	2353
Ohio Constitution.	2354

(B) The commission shall consist of seven members appointed	2355
within one month of the effective date of this section by the	2356
governor with the advice and consent of the senate. The governor	2357
shall forward all appointments to the senate within twenty-four	2358
hours.	2359

(1) Each commission member is eligible for reappointment at	2360
the discretion of the governor. No commission member shall be	2361
appointed for more than three terms in total.	2362

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

2363

(3) At least one commission member shall be experienced in	2364
law enforcement and criminal investigation.	2365

(4) At least one commission member shall be a certified	2366
public accountant experienced in accounting and auditing.	2367

(5) At least one commission member shall be an attorney	2368
admitted to the practice of law in Ohio.	2369

(6) At least one commission member shall be a resident of a	2370
county where one of the casino facilities is located.	2371

(7) Not more than four commission members shall be of the	2372
same political party.	2373

(8) No commission member shall have any affiliation with an	2374
Ohio casino operator or facility.	2375

(C) Commission members shall serve four-year terms, except	2376
that when the governor makes initial appointments to the	2377
commission under this chapter, the governor shall appoint three	2378
members to serve four-year terms with not more than two such	2379
members from the same political party, two members to serve	2380
three-year terms with such members not being from the same	2381
political party, and two members to serve two-year terms with such	2382
members not being from the same political party.	2383

(D) Each commission member shall hold office from the date of	2384
appointment until the end of the term for which the member was	2385
appointed. Any member appointed to fill a vacancy occurring before	2386
the expiration of the term for which the member's predecessor was	2387
appointed shall hold office for the remainder of the unexpired	2388
term. Any member shall continue in office after the expiration	2389
date of the member's term until the member's successor takes	2390
office, or until a period of sixty days has elapsed, whichever	2391
occurs first. A vacancy in the commission membership shall be	2392
filled in the same manner as the original appointment.	2393

(E) The governor shall select one member to serve as	2394
chairperson and the commission members shall select one member	2395
from a different party than the chairperson to serve as	2396
vice-chairperson. The governor may remove and replace the	2397
chairperson at any time. No such member shall serve as chairperson	2398
for more than six successive years. The vice-chairperson shall	2399
assume the duties of the chairperson in the absence of the	2400
chairperson. The chairperson and vice-chairperson shall perform	2401
but shall not be limited to additional duties as are prescribed by	2402
commission rule.	2403

(F) A commission member is not required to devote the	2404
member's full time to membership on the commission. Each member of	2405
the commission shall receive compensation of sixty thousand	2406
dollars per year, payable in monthly installments for the first	2407
four years of the commission's existence. Each member shall	2408
receive the member's actual and necessary expenses incurred in the	2409
discharge of the member's official duties.	2410

(G) The governor shall not appoint an individual to the	2411
commission, and an individual shall not serve on the commission,	2412
if the individual has been convicted of or pleaded guilty or no	2413
contest to a disqualifying offense as defined in section 3772.07	2414
of the Revised Code. Members coming under indictment or bill of	2415
information of a disqualifying offense shall resign from the	2416
commission immediately upon indictment.	2417

(H) At least five commission members shall be present for the	2418
commission to meet. The concurrence of four members is necessary	2419
for the commission to take any action. All members shall vote on	2420
the adoption of rules, and the approval of, and the suspension or	2421
revocation of, the licenses of casino operators or management	2422
companies, unless a member has a written leave of absence filed	2423
with and approved by the chairperson.	2424

(I) A commission member may be removed or suspended from	2425
office in accordance with section 3.04 of the Revised Code.	2426

(J) Each commission member, before entering upon the	2427
discharge of the member's official duties, shall make an oath to	2428
uphold the Ohio Constitution and laws of the state of Ohio and	2429
shall give a bond, payable by the commission, to the treasurer of	2430
state, in the sum of ten thousand dollars with sufficient sureties	2431
to be approved by the treasurer of state, which bond shall be	2432
filed with the secretary of state.	2433

(K) The commission shall hold one regular meeting each month	2434
and shall convene other meetings at the request of the chairperson	2435
or a majority of the members. A member who fails to attend at	2436
least three-fifths of the regular and special meetings of the	2437
commission during any two-year period forfeits membership on the	2438
commission. All meetings of the commission shall be open meetings	2439
under section 121.22 of the Revised Code except as otherwise	2440
allowed by law.	2441

Sec. 3772.03. (A) To ensure the integrity of casino gaming,	2442
the commission shall have authority to complete the functions of	2443
licensing, regulating, investigating, and penalizing casino	2444
operators, management companies, holding companies, key employees,	2445
and gaming-related vendors. The commission also shall have	2446
jurisdiction over all persons participating in casino gaming	2447
authorized by Section 6(C) of Article XV, Ohio Constitution, and	2448
this chapter.	2449

(B) All rules adopted by the commission under this chapter	2450
shall be adopted under procedures established in Chapter 119. of	2451
the Revised Code.	2452

(C) Within six months of the effective date of this section,	2453
the commission shall adopt initial rules as are necessary for	2454
completing the functions stated in division (A) of this section	2455
and for addressing the subjects enumerated in division (D) of this	2456
section.	2457

(D) The commission shall adopt, and as advisable and	2458
necessary shall amend or repeal, rules that include all of the	2459
following:	2460

(1) The prevention of practices detrimental to the public	2461
interest;	2462

(2) Prescribing the method of applying, and the form of	2463
application, that an applicant for a license under this chapter	2464
must follow as otherwise described in this chapter;	2465

(3) Prescribing the information to be furnished by an	2466
applicant or licensee as described in section 3772.11 of the	2467
Revised Code;	2468

(4) Describing the duties of an independent testing	2469
laboratory certified under section 3772.33 of the Revised Code and	2470
the relationship between the commission, the laboratory, the	2471
gaming-related vendor, and the casino operator;	2472

(5) The minimum amount of insurance that must be maintained	2473
by a casino operator, management company, holding company, or	2474
gaming-related vendor;	2475

(6) The approval process for a significant change in	2476
ownership or transfer of control of a licensee as provided in	2477
section 3772.091 of the Revised Code;	2478

(7) The design of gaming supplies, devices, and equipment to	2479
be distributed by gaming-related vendors;	2480

(8) Identifying the casino gaming that is permitted,	2481
identifying the gaming supplies, devices, and equipment, that are	2482
permitted, defining the area in which the permitted casino gaming	2483
may be conducted, and specifying the method of operation according	2484
to which the permitted casino gaming is to be conducted as	2485
provided in section 3772.20 of the Revised Code;	2486

(9) Tournament play in any casino facility;

2487

(10) Establishing and implementing a voluntary exclusion	2488
program that provides all of the following:	2489

(a) Except as provided by commission rule, a person who	2490
participates in the program shall agree to refrain from entering a	2491
casino facility.	2492

(b) The name of a person participating in the program shall	2493
be included on a list of persons excluded from all casino	2494
facilities.	2495

(c) Except as provided by commission rule, no person who	2496
participates in the program shall petition the commission for	2497
admittance into a casino facility.	2498

(d) The list of persons participating in the program and the	2499
personal information of those persons shall be confidential and	2500
shall only be disseminated by the commission to a casino operator	2501
for purposes of enforcement and to other entities, upon request of	2502
the participant and agreement by the commission.	2503

(e) A casino operator shall make all reasonable attempts as	2504
determined by the commission to cease all direct marketing efforts	2505
to a person participating in the program.	2506

(f) A casino operator shall not cash the check of a person	2507
participating in the program or extend credit to the person in any	2508
manner. However, the program shall not exclude a casino operator	2509
from seeking the payment of a debt accrued by a person before	2510
participating in the program.	2511

(g) Any and all locations at which a person may register as a	2512
participant in the program shall be published.	2513

(11) Requiring a licensed casino operator to provide the	2514
commission with any marketing materials for the commission's	2515
review and approval before the licensed casino operator may use	2516
the materials;	2517

(12) Requiring that the records, including financial	2518
statements, of any casino operator, management company, holding	2519
company, and gaming-related vendor be maintained in the manner	2520
prescribed by the commission and made available for inspection	2521
upon demand by the commission;	2522

(13) Permitting a licensed casino operator, management	2523
company, key employee, or casino gaming employee to question a	2524
person suspected of violating this chapter;	2525

(14) The chips, tokens, tickets, electronic cards, or similar	2526
objects that may be purchased by means of an agreement under which	2527
credit is extended to a wagerer by a casino operator;	2528

(15) Establishing standards for provisional key employee	2529
licenses for a person who is required to be licensed as a key	2530
employee and is in exigent circumstances. A provisional license	2531
shall be valid not longer than three months. A person shall not	2532
obtain more than one provisional license.	2533

(16) Establishing approval procedures for third-party	2534
engineering or accounting firms, as described in section 3772.09	2535
of the Revised Code;	2536

(17) Prescribing the manner in which winnings, compensation	2537
from casino gaming, and gross revenue must be computed and	2538
reported by a licensee as described in section 3772.32 and Chapter	2539
5753. of the Revised Code;	2540

(18) Prescribing conditions under which a licensee's license	2541
may be suspended or revoked as described in section 3772.04 of the	2542
Revised Code;	2543

(19) Prescribing the manner and procedure of all hearings to	2544
be conducted by the commission or by any hearing examiner;	2545

(20) Prescribing technical standards and requirements that	2546
are to be met by security and surveillance equipment that is used	2547
at and standards and requirements to be met by personnel who are	2548
employed at casino facilities, and standards and requirements for	2549
the provision of security at and surveillance of casino	2550
facilities;	2551

(21) Prescribing requirements for a casino operator to	2552
provide unarmed security services at a casino facility by licensed	2553
casino employees, and the training that shall be completed by	2554
these employees;	2555

(22) Prescribing standards according to which casino	2556
operators shall keep accounts and standards according to which	2557
casino accounts shall be audited, and establish means of assisting	2558
the tax commissioner in levying and collecting the gross casino	2559
revenue tax levied under section 5753.02 of the Revised Code;	2560

(23) Defining a schedule of penalties for violation of	2561
commission rules and a process for imposing such penalties subject	2562
to the approval of the joint committee on gaming and wagering;	2563

(24) Establishing standards for decertifying contractors that	2564
violate statutes or rules of this state or the federal government;	2565

(25) Providing for any other thing necessary and proper for	2566
successful and efficient regulation of casino gaming under this	2567
chapter.	2568

(E) The commission shall employ and assign gaming agents as	2569
necessary to assist the commission in carrying out the duties of	2570
this chapter. In order to maintain employment as a gaming agent,	2571
the gaming agent shall successfully complete all continuing	2572
training programs required by the commission and shall not have	2573
been convicted of or pleaded guilty or no contest to a	2574
disqualifying offense as defined in section 3772.07 of the Revised	2575
Code.	2576

(F) The commission and its gaming agents shall have authority	2577
with regard to the detection and investigation of, the seizure of	2578
evidence allegedly relating to, and the apprehension and arrest of	2579
persons allegedly committing gaming offenses, and shall have	2580
access to casino facilities to carry out the requirements of this	2581
chapter.	2582

(G) The commission may eject or exclude or authorize the	2583
ejection or exclusion of and a gaming agent may eject a person	2584
from a casino facility for any of the following reasons:	2585

(1) The person's name is on the list of persons voluntarily	2586
excluding themselves from all casinos in a program established	2587
according to rules adopted by the commission;	2588

(2) The person violates or conspires to violate this chapter	2589
or a rule adopted thereunder; or	2590

(3) The commission determines that the person's conduct or	2591
reputation is such that the person's presence within a casino	2592
facility may call into question the honesty and integrity of the	2593
casino gaming operations or interfere with the orderly conduct of	2594
the casino gaming operations.	2595

(H) A person, other than a person participating in a	2596
voluntary exclusion program, may petition the commission for a	2597
public hearing on the person's ejection or exclusion under this	2598
chapter.	2599

(I) A casino operator or management company shall have the	2600
same authority to eject or exclude a person from the management	2601
company's casino facilities as authorized in division (G) of this	2602
section.	2603

(J) The commission shall submit a written annual report with	2604
the governor, president of the senate, and speaker of the house of	2605
representatives before the first day of September each year. The	2606
annual report shall include a statement describing the receipts	2607
and disbursements of the commission, relevant financial data	2608
regarding casino gaming, including gross revenues and	2609
disbursements made under this chapter, actions taken by the	2610
commission, and any additional information that the commission	2611
considers useful or that the governor, president of the senate, or	2612
speaker of the house of representatives requests.	2613

Sec. 3772.031. (A) The general assembly finds that the	2614
exclusion or ejection of certain persons from casino facilities is	2615
necessary to effectuate the intents and purposes of this chapter	2616
and to maintain strict and effective regulation of casino gaming.	2617
The commission, by rule, shall provide for a list of persons who	2618
are to be excluded or ejected from a casino facility. Persons	2619
included on the exclusion list shall be identified by name and	2620
physical description. The commission shall publish the exclusion	2621
list on its web site, and shall transmit a copy of the exclusion	2622
list periodically to casino operators, as it is initially issued	2623
and thereafter as it is revised from time to time. A casino	2624
operator shall take steps necessary to ensure that all its key	2625
employees and casino gaming employees are aware of and understand	2626
the exclusion list and its function, and that all its key	2627
employees and casino gaming employees are kept aware of the	2628
content of the exclusion list as it is issued and thereafter	2629
revised from time to time.	2630

(B) The exclusion list may include any person whose presence	2631
in a casino facility is determined by the commission to pose a	2632
threat to the interests of the state, to achieving the intents and	2633
purposes of this chapter, or to the strict and effective	2634
regulation of casino gaming. In determining whether to include a	2635
person on the exclusion list, the commission may consider:	2636

(1) Any prior conviction of a crime that is a felony under	2637
the laws of this state, another state, or the United States, a	2638
crime involving moral turpitude, or a violation of the gaming laws	2639
of this state, another state, or the United States; and	2640

(2) A violation, or a conspiracy to violate, any provision of	2641
this chapter that consists of:	2642

(a) A failure to disclose an interest in a gaming facility	2643
for which the person must obtain a license;	2644

(b) Purposeful evasion of taxes or fees;

2645

(c) A notorious or unsavory reputation that would adversely	2646
affect public confidence and trust that casino gaming is free from	2647
criminal or corruptive elements; or	2648

(d) A violation of an order of the commission or of any other	2649
governmental agency that warrants exclusion or ejection of the	2650
person from a casino facility.	2651

(3) If the person has pending charges or indictments for a	2652
gaming or gambling crime or a crime related to the integrity of	2653
gaming operations in any state;	2654

(4) If the person's conduct or reputation is such that the	2655
person's presence within a casino facility may call into question	2656
the honesty and integrity of the casino gaming operations or	2657
interfere with the orderly conduct of the casino gaming	2658
operations;	2659

(5) If the person is a career or professional offender whose	2660
presence in a casino facility would be adverse to the interest of	2661
licensed gaming in this state;	2662

(6) If the person has a known relationship or connection with	2663
a career or professional offender whose presence in a casino	2664
facility would be adverse to the interest of licensed gaming in	2665
this state;	2666

(7) If the commission has suspended the person's gaming	2667
privileges;	2668

(8) If the commission has revoked the person's licenses	2669
related to this chapter;	2670

(9) If the commission determines that the person poses a	2671
threat to the safety of patrons or employees of a casino facility;	2672

(10) If the person has a history of conduct involving the	2673
disruption of gaming operations within a casino facility.	2674

Race, color, creed, national origin or ancestry, or sex are	2675
not grounds for placing a person on the exclusion list.	2676

(C) The commission shall notify a person of the commission's	2677
intent to include such person on the exclusion list. The notice	2678
shall be provided by personal service, by certified mail to the	2679
person's last known address, or, if service cannot be accomplished	2680
by personal service or certified mail, by publication daily for	2681
two weeks in a newspaper of general circulation within the county	2682
in which the person resides and in a newspaper of general	2683
circulation within each county in which a casino facility is	2684
located.	2685

(D) A person who receives notice of intent to include the	2686
person on the exclusion list is entitled to an adjudication	2687
hearing under Chapter 119. of the Revised Code, except as provided	2688
in this section, in which the person may demonstrate why the	2689
person should not be included on the exclusion list. The person	2690
shall request such an adjudication hearing not later than thirty	2691
days after the person receives the notice by personal service or	2692
certified mail, or not later than thirty days after the last	2693
newspaper publication of the notice. If the adjudication hearing	2694
or any appeal under Chapter 119. of the Revised Code results in an	2695
order that the person should not be included on the exclusion	2696
list, the commission shall publish a revised exclusion list that	2697
does not include the person. The commission also shall notify	2698
casino operators that the person has been removed from the	2699
exclusion list. A casino operator shall take all steps necessary	2700
to ensure its key employees and casino gaming employees are made	2701
aware that the person has been removed from the exclusion list.	2702

(E) This section does not apply to the voluntary exclusion	2703
list created as part of the voluntary exclusion program.	2704

Sec. 3772.032. (A) The permanent joint committee on gaming	2705
and wagering is established. The committee consists of six	2706
members. The speaker of the house of representatives shall appoint	2707
to the committee three members of the house of representatives and	2708
the president of the senate shall appoint to the committee three	2709
members of the senate. Not more than two members appointed from	2710
each chamber may be members of the same political party. The	2711
chairperson shall be from the opposite party as the chairperson of	2712
the joint committee on agency rule review. If the chairperson is	2713
to be from the house of representatives, the speaker of the house	2714
of representatives shall designate a member as the chairperson and	2715
the president of the senate shall designate a member as the	2716
vice-chairperson. If the chairperson is to be from the senate, the	2717
president of the senate shall designate a member as the	2718
chairperson and the speaker of the house of representatives shall	2719
designate a member as the vice-chairperson.	2720

(B) The committee shall:

2721

(1) Review all constitutional amendments, laws, and rules	2722
governing the operation and administration of casino gaming and	2723
all authorized gaming and wagering activities and recommend to the	2724
general assembly and commission any changes it may find desirable	2725
with respect to the language, structure, and organization of those	2726
amendments, laws, or rules;	2727

(2) Make an annual report to the governor and to the general	2728
assembly with respect of the operation and administration of	2729
casino gaming;	2730

(3) Approve all changes of fees and penalties as provided in	2731
this chapter and rules adopted thereunder; and	2732

(4) Study all proposed changes to the constitution and laws	2733
of this state and to the rules adopted by the commission governing	2734
the operation and administration of casino gaming, and report to	2735
the general assembly on their adequacy and desirability as a	2736
matter of public policy.	2737

(C) Any study, or any expense incurred, in furtherance of the	2738
committee's objectives shall be paid for from, or out of, the	2739
casino control commission fund or other appropriation provided by	2740
law. The members shall receive no additional compensation, but	2741
shall be reimbursed for actual and necessary expenses incurred in	2742
the performance of their official duties.	2743

Sec. 3772.033. In carrying out the responsibilities vested in	2744
the commission by this chapter, the commission may do all the	2745
following and may designate any such responsibilities to the	2746
executive director, to its employees, or to the gaming agents:	2747

(A) Inspect and examine all premises where casino gaming is	2748
conducted or gaming supplies, devices, or equipment are	2749
manufactured, sold, or distributed;	2750

(B) Inspect all gaming supplies, devices, and equipment in or	2751
about a casino facility;	2752

(C) Summarily impound and seize and remove from the casino	2753
facility premises gaming supplies, devices, and equipment for the	2754
purpose of examination and inspection;	2755

(D) Determine any facts, or any conditions, practices, or	2756
other matters, as the commission considers necessary or proper to	2757
aid in the enforcement of this chapter or of a rule adopted	2758
thereunder;	2759

(E) Audit gaming operations that have ceased operation;

2760

(F) Investigate, for the purpose of prosecution, any	2761
suspected violation of this chapter or rules adopted thereunder;	2762

(G) Investigate as appropriate to aid the commission and to	2763
seek the executive director's advice in adopting rules;	2764

(H) Secure information as is necessary to provide a basis for	2765
recommending legislation for the improvement of this chapter;	2766

(I) Make, execute, and otherwise effectuate all contracts and	2767
other agreements, including contracts for necessary purchases of	2768
goods and services. The commission shall ensure use of Ohio	2769
products or services in compliance with sections 125.09 and 125.11	2770
of the Revised Code and all rules adopted thereunder.	2771

(J) Employ the services of persons the commission considers	2772
necessary for the purposes of consultation or investigation, and	2773
fix the salaries of, or contract for the services of, legal,	2774
accounting, technical, operational, and other personnel and	2775
consultants;	2776

(K) Secure, by agreement, information and services as the	2777
commission considers necessary from any state agency or other unit	2778
of state government;	2779

(L) Acquire furnishings, equipment, supplies, stationery,	2780
books, and all other things the commission considers necessary or	2781
desirable to successfully and efficiently carry out the	2782
commission's duties and functions; and	2783

(M) Perform all other things the commission considers	2784
necessary to effectuate the intents and purposes of this chapter.	2785

Sec. 3772.034. Absent gross negligence, a casino operator,	2786
management company, holding company, gaming-related vendor, the	2787
state, and employees of those entities are entitled to immunity	2788
from any type of civil or criminal liability if a person	2789
participating in the voluntary exclusion program enters a casino	2790
facility.	2791

Sec. 3772.04. (A)(1) If, as the result of an investigation,	2792
the commission concludes that a license or finding required by	2793
this chapter should be limited, conditioned, or restricted, or	2794
suspended or revoked, the commission shall conduct an adjudication	2795
under Chapter 119. of the Revised Code.	2796

(2) The commission shall appoint a hearing examiner to	2797
conduct the hearing in the adjudication. A party to the	2798
adjudication may file written objections to the hearing examiner's	2799
report and recommendations not later than the thirtieth day after	2800
they are served upon the party or the party's attorney or other	2801
representative of record. The commission shall not take up the	2802
hearing examiner's report and recommendations earlier than the	2803
thirtieth day after the hearing examiner's report and	2804
recommendations were submitted to the commission.	2805

(3) If the commission finds that a person has violated this	2806
chapter or a rule adopted thereunder, the commission may issue an	2807
order:	2808

(a) Limiting, conditioning, or restricting, or suspending or	2809
revoking, a license issued under this chapter;	2810

(b) Limiting, conditioning, or restricting, or suspending or	2811
revoking, a finding made under this chapter;	2812

(c) Requiring a casino facility to exclude a licensee from	2813
the casino facility or requiring a casino facility not to pay to	2814
the licensee any remuneration for services or any share of	2815
profits, income, or accruals on the licensee's investment in the	2816
casino facility; or	2817

(d) Fining a licensee or other person according to the	2818
schedule of penalties adopted by the commission.	2819

(4) An order may be judicially reviewed under section 119.12	2820
of the Revised Code.	2821

(B) For the purpose of conducting any study or investigation,	2822
the commission may direct that public hearings be held at a time	2823
and place, prescribed by the commission, in accordance with	2824
section 121.22 of the Revised Code. The commission shall give	2825
notice of all public hearings in such manner as will give actual	2826
notice to all interested parties.	2827

(C) In the discharge of any duties imposed by this chapter,	2828
the commission may require that testimony be given under oath and	2829
administer such oath, issue subpoenas compelling the attendance of	2830
witnesses and the production of any papers, books, and accounts,	2831
and cause the deposition of any witness. In the event of the	2832
refusal of any person without good cause to comply with the terms	2833
of a subpoena issued by the commission or refusal to testify on	2834
matters about which the person may lawfully be questioned, the	2835
prosecuting attorney of the county in which such person resides,	2836
upon the petition of the commission, may bring a proceeding for	2837
contempt against such person in the court of common pleas of that	2838
county.	2839

(D) When conducting a public hearing, the commission shall	2840
not limit the number of speakers who may testify. However, the	2841
commission may set reasonable time limits on the length of an	2842
individual's testimony or the total amount of time allotted to	2843
proponents and opponents of an issue before the commission.	2844

(E) An administrative law judge appointed by the commission	2845
may conduct a hearing under this chapter and recommend findings of	2846
fact and decisions to the commission.	2847

(F) The commission may rely, in whole or in part, upon	2848
investigations, conclusions, or findings of other casino gaming	2849
commissions or other government regulatory bodies in connection	2850
with licensing, investigations, or other matters relating to an	2851
applicant or licensee under this chapter.	2852

Sec. 3772.05. To carry out the provisions of this chapter and	2853
other enforcement provisions provided for under the laws of this	2854
state, the tax commissioner, the inspector general, and the	2855
commission, and their respective employees, may demand access to	2856
and inspect, examine, photocopy, and audit all books, accounts,	2857
records, and memoranda of any person that is not protected by	2858
privilege and that is subject to the provisions of this chapter,	2859
and may examine under oath any officer, agent, or employee of that	2860
person.	2861

Sec. 3772.051. Upon cessation of gaming operations, a former	2862
licensee shall furnish, upon the demand of the commission, books,	2863
papers, and other records as necessary for the commission to audit	2864
the ceased gaming operation. A former licensee shall maintain all	2865
books, papers, and other records for a period of three years after	2866
the cessation of gaming operations. However, if a civil action or	2867
criminal proceeding relating to the former licensee is pending, or	2868
if an administrative adjudication or judicial review of an	2869
administrative adjudication relating to the former licensee is	2870
pending, the former licensee shall maintain all books, papers, and	2871
other records until the matter has been finally determined.	2872

If a person disobeys a subpoena or subpoena duces tecum, or	2873
refuses to testify as directed by a subpoena, the commission shall	2874
request the prosecutor of the county in which the person resides	2875
to apply to the court of common pleas for an order compelling the	2876
person to attend or to produce tangible evidence, or to testify,	2877
as directed by the subpoena or subpoena duces tecum. The court	2878
shall treat the application as if it were disobedience to comply	2879
with a subpoena or subpoena duces tecum issued by the court or a	2880
refusal to testify in the court.	2881

Sec. 3772.06. (A)(1) The commission shall appoint an	2882
executive director who shall serve at the pleasure of the	2883
commission. The executive director is in the unclassified service,	2884
shall devote full time to the duties of the office, and shall hold	2885
no other office or employment. The executive director shall, by	2886
experience and training, possess management skills that equip the	2887
executive director to administer an enterprise of the nature of	2888
the commission. The executive director shall not have a pecuniary	2889
interest in any business organization that holds a license under	2890
this chapter, or that does business with any person licensed under	2891
this chapter. A member of the general assembly, a person who holds	2892
an elective office, or an office holder of a political party is	2893
ineligible to be appointed executive director at the same time as	2894
being such a member or holding such an office. The executive	2895
director shall receive an annual salary in accordance with pay	2896
range 48 of section 124.152 of the Revised Code.	2897

(2) The executive director, before entering upon the	2898
discharge of the executive director's official duties, shall give,	2899
and thereafter shall maintain, bond in the amount of twenty-five	2900
thousand dollars, payable to the state, conditioned upon the	2901
executive director's faithful and proper performance of the	2902
executive director's official duties. The bond shall be issued by	2903
a surety authorized to do business in this state and shall be	2904
filed with the secretary of state. The bond may be an individual	2905
bond or a schedule or blanket bond.	2906

(B)(1) The executive director or a deputy designated in	2907
writing by the executive director shall attend all meetings of the	2908
commission and shall act as its secretary. The executive director	2909
shall keep a record of all commission proceedings and shall keep	2910
the commission's records, files, and documents at the commission's	2911
principal office.	2912

(2) The executive director shall be the chief executive	2913
officer and shall be responsible for keeping all commission	2914
records and supervising and administering casino gaming in	2915
accordance with this chapter, and enforcing all commission rules	2916
adopted under this chapter.	2917

(3) The executive director shall hire staff, including an	2918
assistant director or deputy directors, as necessary to assist the	2919
executive director in the executive director's duties under this	2920
chapter. In appointing employees, the executive director is	2921
subject to section 3772.061 of the Revised Code. The executive	2922
director may employ employees as necessary, unless the commission	2923
determines otherwise. Except as otherwise provided in this	2924
chapter, all costs of administration incurred by the executive	2925
director and the executive director's employees shall be paid out	2926
of the casino control commission fund.	2927

(C) A state agency or other unit of state government shall	2928
cooperate with the commission, and shall provide the commission	2929
with information and services the commission considers necessary	2930
to carry out the commission's duties and functions under this	2931
chapter.	2932

(D) The executive director shall confer at least once each	2933
month with the commission, at which time the executive director	2934
shall advise it regarding the operation and administration of the	2935
commission and casino gaming. The executive director shall make	2936
available at the request of the commission all documents, files,	2937
and other records pertaining to the operation and administration	2938
of the commission and casino gaming. The executive director shall	2939
prepare and make available to the commission each month a complete	2940
and accurate accounting of gross casino gaming revenues, and all	2941
other relevant financial information, including an accounting of	2942
all transfers made from the casino control commission fund.	2943

(E) An individual shall not be appointed executive director	2944
or retain appointment as executive director, and a person shall	2945
not be appointed as a professional, technical, or clerical	2946
employee of the commission or retain appointment as such an	2947
employee, if the individual has been convicted of or has pleaded	2948
guilty or no contest to a disqualifying offense as defined in	2949
section 3772.07 of the Revised Code.	2950

Sec. 3772.061. The executive director shall appoint the	2951
number of professional, technical, and clerical employees that is	2952
necessary, in the executive director's reasonable opinion, for	2953
conducting internal audits, as an internal auditing department, of	2954
the commission. The professional and technical employees so	2955
appointed shall be qualified by education, licensing (if	2956
relevant), and experience to perform the internal audit function	2957
successfully and efficiently. These employees, together with	2958
clerical employees necessary for their support, shall be assigned	2959
only to the internal audit function and not to any other function	2960
of the commission.	2961

The internal auditing department, at reasonable intervals and	2962
as necessary, shall conduct internal audits of the commission. The	2963
internal audits shall audit the accounts and transactions of the	2964
commission, ascertain the condition of funds used by the	2965
commission, and make an inventory of the funds and of the assets	2966
under the control of the commission. The report of an internal	2967
audit shall be signed by the employee who was principally	2968
responsible for conducting the internal audit. A copy of the	2969
signed report shall be forwarded to the commission and to the	2970
auditor of state. The report is not a public record that is open	2971
to public inspection and copying until it has been forwarded as	2972
required by the preceding sentence.	2973

Sec. 3772.062. The executive director of the commission	2974
shall enter into an agreement with the department of alcohol and	2975
drug addiction services under which the department provides a	2976
program of gambling and addiction services on behalf of the	2977
commission.	2978

Sec. 3772.07. The following appointing or licensing	2979
authorities shall obtain a criminal records check of the person	2980
who is to be appointed or licensed:	2981

(A) The governor, before appointing an individual as a member	2982
of the commission;	2983

(B) The commission, before appointing an individual as	2984
executive director or a gaming agent;	2985

(C) The commission, before issuing a license for a key	2986
employee or casino gaming employee, and before issuing a license	2987
for each investor, except an institutional investor, for a casino	2988
operator, management company, holding company, or gaming-related	2989
vendor;	2990

(D) The executive director, before appointing an individual	2991
as a professional, technical, or clerical employee of the	2992
commission.	2993

Thereafter, such an appointing or licensing authority shall	2994
obtain a criminal records check of the same individual at	2995
three-year intervals.	2996

The appointing or licensing authority shall provide to each	2997
person of whom a criminal records check is required a copy of the	2998
form and the standard fingerprint impression sheet prescribed	2999
under divisions (C)(1) and (2) of section 109.572 of the Revised	3000
Code. The person shall complete the form and impression sheet and	3001
return them to the appointing or licensing authority. If a person	3002
fails to complete and return the form and impression sheet within	3003
a reasonable time, the person is ineligible to be appointed or	3004
licensed or to continue in the appointment or licensure.	3005

The appointing or licensing authority shall forward the	3006
completed form and impression sheet to the superintendent of the	3007
bureau of criminal identification and investigation. The	3008
appointing or licensing authority shall request the superintendent	3009
also to obtain information from the federal bureau of	3010
investigation, including fingerprint-based checks of the national	3011
crime information databases, and from other states and the federal	3012
government under the national crime prevention and privacy compact	3013
as part of the criminal records check.	3014

The commission shall pay the fee the bureau of criminal	3015
identification and investigation charges for all criminal records	3016
checks conducted under this section. An applicant for a casino	3017
operator, management company, holding company, or gaming-related	3018
vendor license shall reimburse the commission for the amount of	3019
the fee paid on the applicant's behalf. An applicant for a key	3020
employee or casino gaming employee license shall reimburse the	3021
commission for the amount of the fee paid on the applicant's	3022
behalf, unless the applicant is applying at the request of a	3023
casino operator or management company, in which case the casino	3024
operator or management company shall reimburse the commission.	3025

The appointing or licensing authority shall review the	3026
results of a criminal records check. When the governor appoints a	3027
commission member, the governor shall forward the results of the	3028
criminal records check to the president of the senate before the	3029
senate advises and consents to the appointment of the commission	3030
member. The appointing or licensing authority shall not appoint or	3031
license or retain the appointment or licensure of a person a	3032
criminal records check discloses has been convicted of or has	3033
pleaded guilty or no contest to a disqualifying offense. A	3034
"disqualifying offense" means any gambling offense, any theft	3035
offense, any offense having an element of fraud or	3036
misrepresentation, any offense having an element of moral	3037
turpitude, and any felony not otherwise included in the foregoing	3038
list, except as otherwise provided in section 3772.10 of the	3039
Revised Code for casino gaming employees.	3040

The report of a criminal records check is not a public record	3041
that is open to public inspection and copying. The commission	3042
shall not make the report available to any person other than the	3043
person who was the subject of the criminal records check or the	3044
person's agent; an appointing or licensing authority; a member,	3045
the executive director, or an employee of the commission; or any	3046
court or agency, including a hearing examiner, in a judicial or	3047
administrative proceeding in which the criminal records check is	3048
relevant.	3049

Sec. 3772.08. (A) Casino gaming shall be conducted only by	3050
licensed casino operators of the four casino facilities or by a	3051
licensed management company retained by a licensed casino	3052
operator.	3053

(B) A licensed casino operator, licensed management company,	3054
or another person may provide nongaming amenities at the casino	3055
facility.	3056

Sec. 3772.09. (A) No casino operator, management company,	3057
holding company, gaming-related vendor, key employee, or casino	3058
gaming employee shall conduct or participate in conducting casino	3059
gaming without first obtaining a license from the commission.	3060

(B) Before a licensed casino operator may conduct casino	3061
gaming at a casino facility, a licensed casino operator shall	3062
engage a third-party engineering or accounting firm to certify	3063
expenses of its initial investment, as required by section 3772.27	3064
of the Revised Code, and provide documentation to the commission.	3065
The third-party engineering or accounting firm shall be approved	3066
by the commission and shall certify expenses in accordance with	3067
rules adopted by the commission under section 3772.03 of the	3068
Revised Code. The commission may request the department of	3069
administrative services to assist the commission in carrying out	3070
its duties under this section.	3071

Sec. 3772.091. (A) No license issued under this chapter is	3072
transferable. New majority ownership interest or control shall	3073
require a new license. A significant change in or transfer of	3074
control, as determined by the commission, shall require the filing	3075
of an application for a new license and submission of a license	3076
fee with the commission before any such change or transfer of	3077
control is approved. A change in or transfer of control to an	3078
immediate family member is not considered a significant change	3079
under this section.	3080

(B) As used in this section, "control" means either of the	3081
following:	3082

(1) Either:

3083

(a) Holding fifty per cent or more of the outstanding voting	3084
securities of a licensee; or	3085

(b) For an unincorporated licensee, having the right to fifty	3086
per cent or more of the profits of the licensee, or having the	3087
right in the event of dissolution to fifty per cent or more of the	3088
assets of the licensee.	3089

(2) Having the contractual power presently to designate fifty	3090
per cent or more of the directors of a for-profit or	3091
not-for-profit corporation, or in the case of trusts described in	3092
paragraphs (c)(3) to (5) of 16 C.F.R. 801.1, the trustees of such	3093
a trust.	3094

Sec. 3772.10. (A) In determining whether to grant or maintain	3095
a casino operator, management company, holding company, key	3096
employee, casino gaming employee, or gaming-related vendor	3097
license, the Ohio casino control commission shall consider all of	3098
the following, as applicable:	3099

(1) The reputation, experience, and financial integrity of	3100
the applicant, its holding company, if applicable, and any other	3101
person that directly controls the applicant;	3102

(2) The financial ability of the applicant to purchase and	3103
maintain adequate liability and casualty insurance and to provide	3104
an adequate surety bond;	3105

(3) The past and present compliance of the applicant and its	3106
affiliates or affiliated companies with casino-related licensing	3107
requirements in this state or any other jurisdiction, including	3108
whether the applicant has a history of noncompliance with the	3109
casino licensing requirements of any jurisdiction;	3110

(4) If the applicant has been indicted, convicted, pleaded	3111
guilty or no contest, or forfeited bail concerning any criminal	3112
offense under the laws of any jurisdiction, either felony or	3113
misdemeanor, not including traffic violations;	3114

(5) If the applicant has filed, or had filed against it a	3115
proceeding for bankruptcy or has ever been involved in any formal	3116
process to adjust, defer, suspend, or otherwise work out the	3117
payment of any debt;	3118

(6) If the applicant has been served with a complaint or	3119
other notice filed with any public body regarding a payment of any	3120
tax required under federal, state, or local law that has been	3121
delinquent for one or more years;	3122

(7) If the applicant is or has been a defendant in litigation	3123
involving its business practices;	3124

(8) If awarding a license would undermine the public's	3125
confidence in the casino gaming industry in this state;	3126

(9) If the applicant meets other standards for the issuance	3127
of a license that the commission adopts by rule, which shall not	3128
be arbitrary, capricious, or contradictory to the expressed	3129
provisions of this chapter.	3130

(B) If the commission determines that a person is eligible	3131
under this chapter to be issued a license as a casino operator,	3132
management company, holding company, key employee, casino gaming	3133
employee, or gaming-related vendor, the commission shall issue	3134
such license for not more than three years, as determined by	3135
commission rule, if all other requirements of this chapter have	3136
been satisfied.	3137

(C) The commission shall not issue a casino operator,	3138
management company, holding company, key employee, casino gaming	3139
employee, or gaming-related license under this chapter to an	3140
applicant if:	3141

(1) The applicant has been convicted of a disqualifying	3142
offense, as defined in section 3772.07 of the Revised Code, unless	3143
the person is an applicant for a casino gaming employee license.	3144
For an offense other than a gambling offense, an applicant for a	3145
casino gaming employee license may prove to the commission, by	3146
clear and convincing evidence, that the applicant's activities and	3147
employment record for at least ten years after the conviction show	3148
that the applicant is honest, truthful, and of good reputation,	3149
and there is no basis in fact for believing that the applicant	3150
will commit such an offense again.	3151

(2) The applicant has submitted an application for license	3152
under this chapter that contains false information.	3153

(3) The applicant is a commission member.

3154

(4) The applicant owns an ownership interest that is unlawful	3155
under this chapter, unless waived by the commission.	3156

(5) The applicant violates specific rules adopted by the	3157
commission related to denial of licensure.	3158

(6) The applicant is a member of or employed by a gaming	3159
regulatory body of a governmental unit in this state, another	3160
state, or the federal government, or is employed by a governmental	3161
unit of this state. This division does not prohibit a casino	3162
operator from hiring special duty law enforcement officers if the	3163
officers are not specifically involved in gaming-related	3164
regulatory functions.	3165

(7) The commission otherwise determines the applicant is	3166
ineligible for the license.	3167

(D)(1) The commission shall investigate the qualifications of	3168
each applicant under this chapter before any license is issued and	3169
before any finding with regard to acts or transactions for which	3170
commission approval is required is made. The commission shall	3171
continue to observe the conduct of all licensees and all other	3172
persons having a material involvement directly or indirectly with	3173
a casino operator, management company, or holding company to	3174
ensure that licenses are not issued to or held by, or that there	3175
is not any material involvement with a casino operator, management	3176
company, or holding company by, an unqualified, disqualified, or	3177
unsuitable person or a person whose operations are conducted in an	3178
unsuitable manner or in unsuitable or prohibited places or	3179
locations.	3180

(2) The executive director may recommend to the commission	3181
that it deny any application, or limit, condition, or restrict, or	3182
suspend or revoke, any license or finding, or impose any fine upon	3183
any licensee or other person according to this chapter and the	3184
rules adopted thereunder.	3185

(3) A license issued under this chapter is a revocable	3186
privilege. No licensee has a vested right in or under any license	3187
issued under this chapter. The initial determination of the	3188
commission to deny, or to limit, condition, or restrict, a license	3189
may be appealed under section 2505.03 of the Revised Code.	3190

(E)(1) An institutional investor otherwise required to be	3191
found suitable or qualified under this chapter and the rules	3192
adopted under this chapter shall be presumed suitable or qualified	3193
upon submitting documentation sufficient to establish	3194
qualifications as an institutional investor and upon certifying	3195
all of the following:	3196

(a) The institutional investor owns, holds, or controls	3197
publicly traded securities issued by a licensee or holding,	3198
intermediate, or parent company of a licensee or in the ordinary	3199
course of business for investment purposes only.	3200

(b) The institutional investor does not exercise influence	3201
over the affairs of the issuer of such securities nor over any	3202
licensed subsidiary of the issuer of such securities.	3203

(c) The institutional investor does not intend to exercise	3204
influence over the affairs of the issuer of such securities, nor	3205
over any licensed subsidiary of the issuer of such securities, in	3206
the future, and that it agrees to notify the commission in writing	3207
within thirty days if such intent changes.	3208

(2) The exercise of voting privileges with regard to publicly	3209
traded securities shall not be deemed to constitute the exercise	3210
of influence over the affairs of a licensee.	3211

(3) The commission shall rescind the presumption of	3212
suitability for an institutional investor at any time if the	3213
institutional investor exercises or intends to exercise influence	3214
or control over the affairs of the licensee.	3215

(4) This division shall not be construed to preclude the	3216
commission from investigating the suitability or qualifications of	3217
an institutional investor if the commission becomes aware of facts	3218
or information that may result in the institutional investor being	3219
found unsuitable or disqualified.	3220

(F) Information provided on the application shall be used as	3221
a basis for a thorough background investigation of each applicant.	3222
A false or incomplete application is cause for denial of a license	3223
by the commission. All applicants and licensees shall consent to	3224
inspections, searches, and seizures and to the disclosure to the	3225
commission and its agents of confidential records, including tax	3226
records, held by any federal, state, or local agency, credit	3227
bureau, or financial institution and to provide handwriting	3228
exemplars, photographs, fingerprints, and information as	3229
authorized in this chapter and in rules adopted by the commission.	3230

Sec. 3772.11. (A) A person may apply to the commission for a	3231
casino operator, management company, or holding company license to	3232
conduct casino gaming at a casino facility as provided in this	3233
chapter. The application shall be made under oath on forms	3234
provided by the commission and shall contain information as	3235
prescribed by rule, including, but not limited to, all of the	3236
following:	3237

(1) The name, business address, business telephone number,	3238
social security number, and, where applicable, the federal tax	3239
identification number of any applicant;	3240

(2) The identity of every person having a greater than five	3241
per cent direct interest in the applicant casino facility for	3242
which the license is sought;	3243

(3) An identification of any business, including the state of	3244
incorporation or registration if applicable, in which an	3245
applicant, or the spouse or children of an applicant, has an	3246
equity interest of more than five per cent;	3247

(4) The name of any casino operator, management company,	3248
holding company, and gaming-related vendor in which the applicant	3249
has an equity interest of at least five per cent;	3250

(5) If an applicant has ever applied for or has been granted	3251
any gaming license or certificate issued by a licensing authority	3252
in Ohio or any other jurisdiction that has been denied,	3253
restricted, suspended, revoked, or not renewed and a statement	3254
describing the facts and circumstances concerning the application,	3255
denial, restriction, suspension, revocation, or nonrenewal,	3256
including the licensing authority, the date each action was taken,	3257
and the reason for each action;	3258

(6) If an applicant has ever filed or had filed against it a	3259
civil or administrative action or proceeding in bankruptcy,	3260
including the date of filing, the name and location of the court,	3261
the case caption, the docket number, and the disposition;	3262

(7) The name and business telephone number of any attorney	3263
representing an applicant in matters before the commission;	3264

(8) Information concerning the amount, type of tax, the	3265
taxing agency, and times involved, if the applicant has filed or	3266
been served with a complaint or notice filed with a public body	3267
concerning a delinquency in the payment of or a dispute over a	3268
filing concerning the payment of a tax required under federal,	3269
state, or local law;	3270

(9) A description of any proposed casino gaming operation and	3271
related casino enterprises, including the type of casino facility,	3272
location, expected economic benefit to the community, anticipated	3273
or actual number of employees, any statement from an applicant	3274
regarding compliance with federal and state affirmative action	3275
guidelines, projected or actual admissions, projected or actual	3276
gross receipts, and scientific market research;	3277

(10) Financial information in the manner and form prescribed	3278
by the commission;	3279

(11) If an applicant has directly made a political	3280
contribution, loan, donation, or other payment of one hundred	3281
dollars or more to a statewide office holder, a member of the	3282
general assembly, a local government official elected in a	3283
jurisdiction where a casino facility is located, or a ballot issue	3284
not more than one year before the date the applicant filed the	3285
application and all information relating to the contribution,	3286
loan, donation, or other payment;	3287

(12) Any criminal conviction; and

3288

(13) Other information required by the commission under rules	3289
adopted by the commission.	3290

(B) Any holding company or management company, its directors,	3291
executive officers, and any shareholder who holds more than five	3292
per cent ownership interest of a holding company or management	3293
company shall be required to submit the same information as	3294
required by an applicant under this section.	3295

Sec. 3772.111. In determining whether to grant a casino	3296
operator license, the commission shall also consider:	3297

(A) The facilities or proposed facilities for the conduct of	3298
casino gaming;	3299

(B) The prospective total revenue to be collected by the	3300
state from the conduct of casino gaming;	3301

(C) The extent to which the applicant exceeds or meets other	3302
standards adopted by the commission.	3303

Sec. 3772.112. Before a license is issued to a casino	3304
operator, the casino operator shall post, and thereafter shall	3305
maintain, a surety bond in the amount of one million dollars	3306
payable to the state, conditioned on the casino operator complying	3307
with Section 6(C) of Article XV, Ohio Constitution, this chapter,	3308
and the rules adopted under this chapter. The bond shall be issued	3309
by a surety that is licensed to do business in this state, and	3310
shall be approved by the commission. The total aggregate liability	3311
of the surety on the bond is limited to the amount specified in	3312
the bond. The surety shall not cancel the bond unless the surety	3313
has given the commission, in the event of nonpayment of premium,	3314
ten days' notice of the intention to cancel, and in the event of	3315
any other cause, thirty days' notice of the intention to cancel.	3316
If the bond is to be canceled, and if the casino operator fails to	3317
post and maintain a new surety bond in the specified amount on or	3318
before the day of cancellation, the casino operator's license is	3319
void.	3320

Sec. 3772.12. (A) A person may apply for a gaming-related	3321
vendor license. All applications shall be made under oath.	3322

(B) A person who holds a gaming-related vendor's license is	3323
authorized to sell or lease, and to contract to sell or lease,	3324
equipment and supplies to any licensee involved in the ownership	3325
or management of a casino facility.	3326

(C) Gambling supplies and equipment shall not be distributed	3327
unless supplies and equipment conform to standards adopted in	3328
rules adopted by the commission.	3329

Sec. 3772.121. (A) The commission shall issue a	3330
gaming-related vendor's license under this chapter to an applicant	3331
who has:	3332

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

3333

(2) Paid a nonrefundable license fee as described in section	3334
3772.17 of the Revised Code;	3335

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

3336

(4) Been determined by the commission as eligible for a	3337
gaming-related vendor's license.	3338

(B) A gaming-related vendor shall furnish to the commission a	3339
list of all equipment, devices, and supplies offered for sale or	3340
lease in connection with casino games authorized under this	3341
chapter.	3342

(C) A gaming-related vendor's equipment, devices, or supplies	3343
that are used by a person in an unauthorized casino gaming	3344
operation shall be forfeited to the state.	3345

Sec. 3772.13. (A) No person may be employed as a key employee	3346
unless the person is the holder of a valid key employee license	3347
issued by the commission.	3348

(B) Each applicant shall, before the issuance of any key	3349
employee license, produce information, documentation, and	3350
assurances as are required by this chapter and rules adopted	3351
thereunder. In addition, each applicant shall, in writing,	3352
authorize the examination of all bank accounts and records as may	3353
be deemed necessary by the commission.	3354

(C) To be eligible for a key employee license, the applicant	3355
shall be at least twenty-one years of age and shall meet the	3356
criteria set forth by rule by the commission.	3357

(D) Each application for a key employee license shall be on a	3358
form prescribed by the commission and shall contain all	3359
information required by the commission. The applicant shall set	3360
forth in the application if the applicant has been issued prior	3361
gambling-related licenses; if the applicant has been licensed in	3362
any other state under any other name, and, if so, the name under	3363
which the license was issued and the applicant's age at the time	3364
the license was issued; any criminal conviction the applicant has	3365
had; and if a permit or license issued to the applicant in any	3366
other state has been suspended, restricted, or revoked, and, if	3367
so, the cause and the duration of each action.	3368

(E) Each applicant shall submit with each application, on a	3369
form provided by the commission, two sets of fingerprints and a	3370
photograph. The commission shall charge each applicant an	3371
application fee set by the commission to cover all actual costs	3372
generated by each licensee and all background checks under this	3373
section and section 3772.07 of the Revised Code.	3374

(F)(1) The casino operator, management company, or holding	3375
company by whom a person is employed as a key employee shall	3376
terminate the person's employment in any capacity requiring a	3377
license under this chapter and shall not in any manner permit the	3378
person to exercise a significant influence over the operation of a	3379
casino facility if:	3380

(a) The person does not apply for and receive a key employee	3381
license within three months of being issued a provisional license,	3382
as established under commission rule.	3383

(b) The person's application for a key employee license is	3384
denied by the commission.	3385

(c) The person's key employee license is revoked by the	3386
commission.	3387

The commission shall notify the casino operator, management	3388
company, or holding company who employs such a person by certified	3389
mail of any such finding, denial, or revocation.	3390

(2) A casino operator, management company, or holding company	3391
shall not pay to a person whose employment is terminated under	3392
division (F)(1) of this section, any remuneration for any services	3393
performed in any capacity in which the person is required to be	3394
licensed, except for amounts due for services rendered before	3395
notice was received under that division. A contract or other	3396
agreement for personal services or for the conduct of any casino	3397
gaming at a casino facility between a casino operator, management	3398
company, or holding company and a person whose employment is	3399
terminated under division (F)(1) of this section may be terminated	3400
by the casino operator, management company, or holding company	3401
without further liability on the part of the casino operator,	3402
management company, or holding company. Any such contract or other	3403
agreement is deemed to include a term authorizing its termination	3404
without further liability on the part of the casino operator,	3405
management company, or holding company upon receiving notice under	3406
division (F)(1) of this section. That a contract or other	3407
agreement does not expressly include such a term is not a defense	3408
in any action brought to terminate the contract or other	3409
agreement, and is not grounds for relief in any action brought	3410
questioning termination of the contract or other agreement.	3411

(3) A casino operator, management company, or holding	3412
company, without having obtained the prior approval of the	3413
commission, shall not enter into any contract or other agreement	3414
with a person who has been found unsuitable, who has been denied a	3415
license, or whose license has been revoked under division (F)(1)	3416
of this section, or with any business enterprise under the control	3417
of such a person, after the date on which the casino operator,	3418
management company, or holding company receives notice under that	3419
division.	3420

Sec. 3772.131. (A) All casino gaming employees are required	3421
to have a casino gaming employee license. "Casino gaming employee"	3422
means the following and their supervisors:	3423

(1) Individuals involved in operating a casino gaming pit,	3424
including dealers, shills, clerks, hosts, and junket	3425
representatives;	3426

(2) Individuals involved in handling money, including	3427
cashiers, change persons, count teams, and coin wrappers;	3428

(3) Individuals involved in operating casino games;

3429

(4) Individuals involved in operating and maintaining slot	3430
machines, including mechanics, floor persons, and change and	3431
payoff persons;	3432

(5) Individuals involved in security, including guards and	3433
game observers;	3434

(6) Individuals with duties similar to those described in	3435
divisions (A)(1) to (5) of this section. "Casino gaming employee"	3436
does not include an individual whose duties are related solely to	3437
nongaming activities such as entertainment, hotel operation,	3438
maintenance, or preparing or serving food and beverages.	3439

(B) The commission may issue a casino gaming employee license	3440
to an applicant after it has determined that the applicant is	3441
eligible for a license under rules adopted by the commission and	3442
paid any applicable fee. All applications shall be made under	3443
oath.	3444

(C) To be eligible for a casino gaming employee license, an	3445
applicant shall be at least twenty-one years of age.	3446

(D) Each application for a casino gaming employee license	3447
shall be on a form prescribed by the commission and shall contain	3448
all information required by the commission. The applicant shall	3449
set forth in the application if the applicant has been issued	3450
prior gambling-related licenses; if the applicant has been	3451
licensed in any other state under any other name, and, if so, the	3452
name under which the license was issued and the applicant's age at	3453
the time the license was issued; any criminal convictions the	3454
applicant has had; and if a permit or license issued to the	3455
applicant in any other state has been suspended, restricted, or	3456
revoked, and, if so, the cause and the duration of each action.	3457

(E) Each applicant shall submit with each application, on a	3458
form provided by the commission, two sets of the applicant's	3459
fingerprints and a photograph. The commission shall charge each	3460
applicant an application fee to cover all actual costs generated	3461
by each licensee and all background checks.	3462

Sec. 3772.14. (A) After notice and opportunity for an	3463
adjudication conducted under Chapter 119. of the Revised Code, the	3464
commission may suspend, revoke, or refuse to issue or renew a	3465
license in accordance with rules adopted by the commission.	3466

(B) Without in any manner limiting the authority of the	3467
commission to impose the level and type of discipline it may	3468
consider appropriate, the commission may take into consideration:	3469

(1) If the licensee knew or reasonably should have known that	3470
the action complained of was a violation of any law, regulation,	3471
or condition on the licensee's license;	3472

(2) If the licensee has previously been disciplined by the	3473
commission;	3474

(3) If the licensee has previously been subject to discipline	3475
by the commission concerning the violation of any law, regulation,	3476
or condition of the licensee's license;	3477

(4) If the licensee reasonably relied upon professional	3478
advice from a lawyer, doctor, accountant, or other recognized	3479
professional that was relevant to the action resulting in the	3480
violation;	3481

(5) If the licensee or licensee's employer had a reasonably	3482
constituted and functioning compliance program;	3483

(6) If the imposition of a condition requiring the licensee	3484
to establish and implement a written self-enforcement and	3485
compliance program would assist in ensuring the licensee's future	3486
compliance with all statutes, regulations, and conditions of the	3487
license;	3488

(7) If the licensee realized a pecuniary gain from the	3489
violation;	3490

(8) If the amount of any fine or other penalty imposed would	3491
result in disgorgement of any gains unlawfully realized by the	3492
licensee;	3493

(9) If the violation was caused by an officer or employee of	3494
the licensee, the level of authority of the individual who caused	3495
the violation;	3496

(10) If the individual who caused the violation acted within	3497
the scope of the individual's authority as granted by the	3498
licensee;	3499

(11) The adequacy of any training programs offered by the	3500
licensee or licensee's employer that were relevant to the activity	3501
which resulted in the violation;	3502

(12) If the licensee's action substantially deviated from	3503
industry standards and customs;	3504

(13) The extent to which the licensee cooperated with the	3505
commission during the investigation of the violation;	3506

(14) If the licensee has initiated remedial measures to	3507
prevent similar violations;	3508

(15) The magnitude of penalties imposed on other licensees	3509
for similar violations;	3510

(16) The proportionality of the penalty in relation to the	3511
misconduct;	3512

(17) The extent to which the amount of any fine imposed would	3513
punish the licensee for the conduct and deter future violations;	3514

(18) Any mitigating factors offered by the licensee; and

3515

(19) Any other factors the commission in its sole and	3516
absolute discretion may consider relevant.	3517

Sec. 3772.15. (A) Unless a license issued under this chapter	3518
is suspended, expires, or is revoked, the license shall be renewed	3519
for not more than three years, as determined by commission rule,	3520
after a determination by the commission that the licensee is in	3521
compliance with this chapter and rules authorized by this chapter	3522
and after the licensee pays a fee.	3523

(B) A licensee shall undergo a complete investigation at	3524
least every three years, as determined by commission rule, to	3525
determine that the licensee remains in compliance with this	3526
chapter.	3527

(C) Notwithstanding division (B) of this section, the	3528
commission may investigate a licensee at any time the commission	3529
determines it is necessary to ensure that the licensee remains in	3530
compliance with this section.	3531

(D) The holder of a license shall bear the cost of an	3532
investigation, except key employees and casino gaming employees	3533
who are employed by a casino operator, in which case the casino	3534
operator shall pay the investigation cost.	3535

Sec. 3772.16. (A) Any information concerning the following	3536
submitted, collected, or gathered as part of an application to the	3537
commission for a license under this chapter is confidential and	3538
not subject to disclosure as a record under section 149.43 of the	3539
Revised Code:	3540

(1) A minor child of an applicant;

3541

(2) The social security number of an applicant or the spouse	3542
of an applicant;	3543

(3) The home telephone number of an applicant or the spouse	3544
or children of an applicant;	3545

(4) An applicant's birth certificate;

3546

(5) The driver's license number of an applicant or the	3547
applicant's spouse;	3548

(6) The name or address of a previous spouse of the	3549
applicant;	3550

(7) The date of birth of the spouse of an applicant;

3551

(8) The place of birth of the spouse of an applicant;

3552

(9) The personal financial information and records of an	3553
applicant or the spouse or minor child of an applicant, including	3554
tax returns and information, and records of criminal proceedings;	3555

(10) Any information concerning a victim of domestic	3556
violence, sexual assault, or stalking;	3557

(11) The electronic mail address of the spouse or family	3558
member of the applicant;	3559

(12) An applicant's home addresses; and

3560

(13) Any trade secret.

3561

(B) Notwithstanding any other law, upon written request from	3562
a person, the commission shall provide the following information	3563
to the person except as provided in this chapter:	3564

(1) The information provided under this chapter concerning a	3565
licensee or an applicant;	3566

(2) The amount of the wagering tax and admission tax paid	3567
daily to the state by a licensed applicant or an operating agent;	3568
and	3569

(3) A copy of a letter providing the reasons for the denial	3570
of an applicant's license or an operating agent's contract and a	3571
copy of a letter providing the reasons for the commission's	3572
refusal to allow an applicant to withdraw the applicant's	3573
application, but with confidential information redacted if that	3574
information is the reason for the denial or refusal to withdraw.	3575

Sec. 3772.17. (A) The upfront license fee to obtain a license	3576
as a casino operator shall be fifty million dollars per casino	3577
facility. New casino operator, management company, and holding	3578
company license and renewal license fees shall be set by rule,	3579
subject to the approval of the joint committee on gaming and	3580
wagering.	3581

(B) The fee to obtain an application for a casino operator,	3582
management company, or holding company license shall be two	3583
million dollars per application. The application fee shall be	3584
deposited into the casino control commission fund. The application	3585
fee is nonrefundable.	3586

(C) The license fees for a gaming-related vendor shall be set	3587
by rule, subject to the approval of the joint committee on gaming	3588
and wagering. Additionally, the commission may assess an applicant	3589
a reasonable fee in the amount necessary to process a	3590
gaming-related vendor license application.	3591

(D) The license fees for a key employee shall be set by rule,	3592
subject to the approval of the joint committee on gaming and	3593
wagering. Additionally, the commission may assess an applicant a	3594
reasonable fee in the amount necessary to process a key employee	3595
license application. If the license is being sought at the request	3596
of a casino operator, such fees shall be paid by the casino	3597
operator.	3598

(E) The license fees for a casino gaming employee shall be	3599
set by rule, subject to the approval of the joint committee on	3600
gaming and wagering. If the license is being sought at the request	3601
of a casino operator, the fee shall be paid by the casino	3602
operator.	3603

Sec. 3772.18. (A) Each casino operator, management company,	3604
and holding company involved in the application and ownership or	3605
management of a casino facility shall provide to the commission as	3606
applicable:	3607

(1) An annual balance sheet;

3608

(2) An annual income statement;

3609

(3) An annual audited financial statement;

3610

(4) A list of the stockholders or other persons having at	3611
least a five per cent ownership interest in the casino operator,	3612
management company, or holding company and any other information	3613
the commission considers necessary for the effective	3614
administration of this chapter;	3615

(5) The applicant's plan and process to provide employment	3616
opportunities;	3617

(6) Notification of any material changes to the applicant's	3618
or licensee's stockholders must be provided to the commission	3619
within sixty days of the change. Notification of any refinancing	3620
and debt issuance shall be in accordance with rules adopted by the	3621
commission under Chapter 119. of the Revised Code; and	3622

(7) An applicant's compulsive and problem gambling plan. A	3623
casino operator shall submit an annual summary of its compulsive	3624
and problem gambling plan to the commission. The plan at a minimum	3625
shall contain the following elements:	3626

(a) The goals of the plan and procedures and timetables to	3627
implement the plan;	3628

(b) The identification of the individual who will be	3629
responsible for the implementation and maintenance of the plan;	3630

3631

(i) The commitment of the casino operator to train	3632
appropriate employees;	3633

(ii) The duties and responsibilities of the employees	3634
designated to implement or participate in the plan;	3635

(iii) The responsibility of patrons with respect to	3636
responsible gambling;	3637

(iv) Procedures for providing information to individuals	3638
regarding community, public and private treatment services,	3639
gamblers anonymous programs, and similar treatment or addiction	3640
therapy programs designed to prevent, treat, or monitor compulsive	3641
and problem gamblers and to counsel family members;	3642

(v) The provision of printed material to educate patrons	3643
about compulsive and problem gambling and to inform them about	3644
treatment services available to compulsive and problem gamblers	3645
and their families;	3646

(vi) The employee training program;

3647

(vii) Procedures to prevent underage gambling;

3648

(viii) Procedures to prevent intoxicated patrons from	3649
gambling;	3650

(ix) The plan for posting signs within the casino facility	3651
containing gambling treatment information.	3652

(B) Each casino operator shall submit quarterly updates and	3653
an annual report to the commission of its adherence to the plans	3654
and goals submitted under division (A) of this section.	3655

(C) Preference shall be given to public and private	3656
Ohio-based institutions to train employees for casino-related	3657
employment opportunities.	3658

Sec. 3772.19. A person shall not hold a majority ownership	3659
interest in, or be a management company for, more than two casino	3660
facilities at any one time. A person shall not hold a majority	3661
ownership interest in, or be a management company for, more than	3662
two tracks at which horse racing where the pari-mutuel system of	3663
wagering is conducted at any one time, of which not more than one	3664
shall be a track for thoroughbred horses.	3665

Sec. 3772.20. (A) A maximum of five thousand slot machines	3666
may be operated at a casino facility. Each casino operator for	3667
each casino facility shall determine the total number of slot	3668
machines in their facility, up to a maximum of five thousand slot	3669
machines that may be operated at such casino facility. There shall	3670
be no limit on the number of table games allowed at each casino	3671
facility.	3672

(B) Any slot machine game or table game currently authorized	3673
in, and any future slot machine or table game authorized in, the	3674
states of Indiana, Michigan, Pennsylvania, and West Virginia may	3675
be conducted at casino facilities in this state at the discretion	3676
of a licensed casino operator but only after being approved, upon	3677
application by a licensed casino operator, by the commission.	3678

(C) Minimum and maximum wagers on casino gaming shall be	3679
determined by casino operators, subject to the commission's	3680
approval.	3681

(D) No slot machine shall be set to pay out less than the	3682
theoretical payout percentage, which shall be not less than	3683
eighty-five per cent, as specifically approved by the commission.	3684
The commission shall adopt rules that define the theoretical	3685
payout percentage of a slot machine based on the total value of	3686
the jackpots expected to be paid by a slot machine divided by the	3687
total value of slot machine wagers expected to be made on that	3688
slot machine during the same portion of the game cycle.	3689

Sec. 3772.21. (A) Casino gaming equipment and supplies	3690
customarily used in conducting casino gaming shall be purchased or	3691
leased only from gaming-related vendors licensed under this	3692
chapter. A management company owning casino gaming devices,	3693
supplies, and equipment shall be licensed as a gaming-related	3694
vendor under this chapter.	3695

(B) Annually, a gaming-related vendor shall furnish to the	3696
commission a list of all equipment, devices, and supplies offered	3697
for sale or lease in connection with casino gaming authorized	3698
under this chapter.	3699

(C) A gaming-related vendor shall keep books and records for	3700
the furnishing of equipment, devices, and supplies to gaming	3701
operations separate from books and records of any other business	3702
operated by the gaming-related vendor. A gaming-related vendor	3703
shall file a quarterly return with the commission listing all	3704
sales and leases. A gaming-related vendor shall permanently affix	3705
the gaming-related vendor's name to all of the gaming-related	3706
vendor's equipment, devices, and supplies for casino gaming	3707
operations.	3708

(D) A gaming-related vendor's equipment, devices, or supplies	3709
that are used by a person in an unauthorized casino gaming	3710
operation shall be forfeited to the commission.	3711

Sec. 3772.22. (A) All casino facility operations shall use a	3712
cashless wagering system whereby all wagerers' money is converted	3713
to chips, tokens, tickets, electronic cards, or similar objects at	3714
the request of the wagerer that may only be used for wagering at a	3715
casino facility. Wagering shall not be conducted with money or	3716
other negotiable currency.	3717

(B) Wagers may be received only from a person present at a	3718
casino facility. A wagerer present at a casino facility shall not	3719
place or attempt to place a wager on behalf of an individual who	3720
is not present at the casino facility.	3721

Sec. 3772.23. (A) All tokens, chips, or electronic cards that	3722
are used to make wagers shall be purchased from the casino	3723
operator or management company while at a casino facility that has	3724
been approved by the commission. Chips, tokens, tickets,	3725
electronic cards, or similar objects may be used while at the	3726
casino facility only for the purpose of making wagers on casino	3727
games.	3728

(B) Casino operators and management companies shall not do	3729
any of the following:	3730

(1) Obtain a license to operate a check-cashing business	3731
under sections 1315.01 to 1315.30 of the Revised Code;	3732

(2) Obtain a license to provide loans under sections 1321.01	3733
to 1321.19 of the Revised Code;	3734

(3) Obtain a license to provide loans under sections 1321.35	3735
to 1321.48 of the Revised Code.	3736

Sec. 3772.24. (A) An employee of a casino facility who is	3737
between eighteen and twenty-one years of age may be present in the	3738
area of a casino facility where casino gaming is being conducted,	3739
as long as the employee's duties are related solely to nongaming	3740
activities. An individual who is less than twenty-one years of age	3741
may enter a designated area of a casino facility where casino	3742
gaming is being conducted, as established by the commission, to	3743
pass to another area where casino gaming is not being conducted.	3744
An individual who is less than twenty-one years of age shall not	3745
make a wager under this chapter.	3746

(B) Casino operators shall notify the commission of the days	3747
and hours during which casino gaming will be conducted.	3748

Sec. 3772.25. The following are not subject to, or limited	3749
by, the requirements of this chapter or Section 6(C) of Article	3750
XV, Ohio Constitution:	3751

(A) Charitable gaming authorized by Chapter 2915. of the	3752
Revised Code;	3753

(B) Charitable bingo authorized by Section 6 of Article XV,	3754
Ohio Constitution, and as authorized by Chapter 2915. of the	3755
Revised Code;	3756

(C) Lottery games as authorized by Section 6 of Article XV,	3757
Ohio Constitution; and	3758

(D) Pari-mutuel wagering authorized by Chapter 3769. of the	3759
Revised Code.	3760

Sec. 3772.26. (A) Each of the four casino facilities shall be	3761
subject to all applicable state laws and local ordinances related	3762
to health and building codes, or any related requirements and	3763
provisions. Notwithstanding the foregoing, no local zoning, land	3764
use laws, subdivision regulations or similar provisions shall	3765
prohibit the development or operation of the four casino	3766
facilities, or casino gaming set forth herein, provided that no	3767
casino facility shall be located in a district zoned exclusively	3768
residential as of January 1, 2009.	3769

(B) No municipal corporation or other political subdivision	3770
in which a casino facility is located shall be required to provide	3771
or improve infrastructure, appropriate property, or otherwise take	3772
any affirmative legislative or administrative action to assist	3773
development or operation of a casino facility, regardless of the	3774
source of funding but if such action is essential to the	3775
development or operation of a casino facility, the municipal	3776
corporation or other political subdivision may charge the casino	3777
operator for any costs incurred for such action.	3778

Sec. 3772.27. Each initial licensed casino operator of each	3779
of the four casino facilities shall make an initial investment of	3780
at least two hundred fifty million dollars for the development of	3781
each casino facility for a total minimum investment of one billion	3782
dollars statewide.	3783

Sec. 3772.28. (A) A casino operator shall not enter into a	3784
debt transaction without the approval of the commission. The	3785
casino operator shall submit, in writing, a request for approval	3786
of a debt transaction that contains at least the following	3787
information:	3788

(1) The names and addresses of all parties to the debt	3789
transaction;	3790

(2) The amount of the funds involved;

3791

(3) The type of debt transaction;

3792

(4) The source of the funds to be obtained;

3793

(5) All sources of collateral;

3794

(6) The purpose of the debt transaction;

3795

(7) The terms of the debt transaction;

3796

(8) Any other information deemed necessary by the commission.

3797

(B) As used in this section, "debt transaction" means a	3798
transaction totaling five hundred thousand dollars or more in	3799
which a casino operator acquires debt, including bank financing,	3800
private debt offerings, and any other transaction that results in	3801
the encumbrance of assets.	3802

Sec. 3772.29. All shipments of gaming supplies, devices, and	3803
equipment, including slot machines, into this state are exempt	3804
from section (2) of "An Act to Prohibit Transportation of Gambling	3805
Devices in Interstate and Foreign Commerce," 64 Stat. 1134, 15	3806
U.S.C. 1171-1177.	3807

Sec. 3772.30. (A) If any person violates this chapter or a	3808
rule adopted thereunder, the attorney general has a cause of	3809
action to restrain the violation. Such an action is a civil	3810
action, governed by the Rules of Civil Procedure. Upon receiving a	3811
request from the commission or the executive director, the	3812
attorney general shall commence and prosecute such an action to	3813
completion. The court shall give priority to such an action over	3814
all other civil actions. Such an action does not preclude an	3815
administrative or criminal proceeding on the same facts.	3816

(B) The attorney general may enter into agreements with any	3817
state or local law enforcement agency to carry out its duties.	3818

(C) A sheriff, chief of police, and prosecuting attorney	3819
shall furnish to the commission, on prescribed forms, all	3820
information obtained during the course of any substantial	3821
investigation or prosecution if it appears a violation of this	3822
chapter has occurred. Any such information is not a public record,	3823
as defined in section 149.43 of the Revised Code, until such	3824
information would otherwise become a public record.	3825

Sec. 3772.31. (A) The commission, by and through the	3826
executive director of the commission, may enter into contracts	3827
necessary to ensure the proper operation and reporting of all	3828
casino gaming authorized under this chapter. The commission may	3829
determine it to be necessary and adopt rules to authorize a	3830
central system. The system shall be operated by or under the	3831
commission's control.	3832

(B) The commission shall certify independent testing	3833
laboratories to scientifically test and technically evaluate all	3834
slot machines, mechanical, electromechanical, or electronic table	3835
games, slot accounting systems, and other electronic gaming	3836
equipment for compliance with this chapter. The certified	3837
independent testing laboratories shall be accredited by a national	3838
accreditation body. The commission shall certify an independent	3839
testing laboratory if it is competent and qualified to	3840
scientifically test and evaluate electronic gaming equipment for	3841
compliance with this chapter and to otherwise perform the	3842
functions assigned to an independent testing laboratory under this	3843
chapter. An independent testing laboratory shall not be owned or	3844
controlled by, or have any interest in, a gaming-related vendor of	3845
electronic gaming equipment. The commission shall prepare a list	3846
of certified independent testing laboratories from which an	3847
independent testing laboratory shall be chosen for all purposes	3848
under this chapter.	3849

Sec. 3772.32. (A)(1) If a person's winnings at a casino	3850
facility are an amount for which reporting to the internal revenue	3851
service of the amount is required by 26 U.S.C. 6041 or a	3852
subsequent, analogous section of the Internal Revenue Code, the	3853
casino operator shall deduct and withhold Ohio income tax from the	3854
person's winnings at a rate of six per cent of the amount won. A	3855
person's amount of winnings shall be determined each time the	3856
person exchanges amounts won in tokens, chips, casino credit, or	3857
other pre-paid representations of value for cash or a cash	3858
equivalent. The casino operator shall issue, to a person from	3859
whose winnings an amount has been deducted and withheld, a receipt	3860
for the amount deducted and withheld, and also shall obtain from	3861
the person additional information that will be necessary for the	3862
casino operator to prepare the returns required by this section.	3863

(2) If a person's winnings at a casino facility require	3864
reporting to the internal revenue service under division (A)(1) of	3865
this section, the casino operator also shall require the person to	3866
state in writing, under penalty of falsification, whether the	3867
person is in default under a support order.	3868

(B) Amounts deducted and withheld by a casino operator are	3869
held in trust for the benefit of the state.	3870

(1) On the tenth banking day of each month, the casino	3871
operator shall file a return electronically with the tax	3872
commissioner identifying the persons from whose winnings amounts	3873
were deducted and withheld and the amount of each such deduction	3874
and withholding during the preceding calendar month. With the	3875
return, the casino operator shall remit electronically to the tax	3876
commissioner all the amounts deducted and withheld during the	3877
preceding month. And together with the return and remittance, the	3878
casino operator shall transmit electronically to the tax	3879
commissioner a copy of each receipt issued, and a copy of each	3880
statement made, under divisions (A)(1) and (2) of this section.	3881

(2) Annually on or before the thirty-first day of January, a	3882
casino operator shall file an annual return electronically with	3883
the tax commissioner indicating the total amount deducted and	3884
withheld during the preceding calendar year. The casino operator	3885
shall remit electronically with the annual return any amount that	3886
was deducted and withheld and that was not previously remitted. If	3887
the identity of a person and the amount deducted and withheld with	3888
respect to that person were omitted on a monthly return, that	3889
information shall be indicated on the annual return. And if a copy	3890
of the receipt and statement pertaining to a person was not	3891
previously transmitted to the tax commissioner, the receipt and	3892
statement shall be transmitted to the tax commissioner	3893
electronically with the annual return.	3894

(3)(a) A casino operator who fails to file a return and remit	3895
the amounts deducted and withheld is personally liable for the	3896
amount deducted and withheld and not remitted. The tax	3897
commissioner may impose a penalty up to one thousand dollars if a	3898
return is filed late, if amounts deducted and withheld are	3899
remitted late, if a return is not filed, or if amounts deducted	3900
and withheld are not remitted. Interest accrues on past due	3901
amounts deducted and withheld at the rate prescribed in section	3902
5703.47 of the Revised Code. The tax commissioner may collect past	3903
due amounts deducted and withheld and penalties and interest	3904
thereon by assessment under section 5747.13 of the Revised Code as	3905
if they were income taxes collected by an employer.	3906

(b) If a casino operator sells the casino facility or	3907
otherwise quits the casino business, the amounts deducted and	3908
withheld and any penalties and interest thereon are immediately	3909
due and payable. The successor shall withhold an amount of the	3910
purchase money that is sufficient to cover the amounts deducted	3911
and withheld and penalties and interest thereon until the	3912
predecessor casino operator produces either a receipt from the tax	3913
commissioner showing that the amounts deducted and withheld and	3914
penalties and interest thereon have been paid or a certificate	3915
from the tax commissioner indicating that no amounts deducted and	3916
withheld or penalties and interest thereon are due. If the	3917
successor fails to withhold purchase money, the successor is	3918
personally liable for payment of the amounts deducted and withheld	3919
and penalties and interest thereon, up to the amount of the	3920
purchase money.	3921

(C) Annually, on or before the thirty-first day of January, a	3922
casino operator shall issue an information return to each person	3923
with respect to whom an amount has been deducted and withheld	3924
during the preceding calendar year. The information return shall	3925
show the total amount deducted from the person's winnings by the	3926
casino operator during the preceding calendar year.	3927

(D) The failure of a casino operator to deduct and withhold	3928
the required amount from a person's winnings does not relieve the	3929
person from liability for the tax imposed by section 5747.02 of	3930
the Revised Code with respect to those winnings. And compliance	3931
with this section does not relieve a casino operator or a person	3932
who has winnings at a casino facility from compliance with	3933
relevant provisions of federal tax laws.	3934

(E) The tax commissioner shall prescribe the form of the	3935
receipt, statement, and returns required by this section.	3936

Sec. 3772.33. (A) As used in this section, "conservator"	3937
means a person appointed by a court of common pleas as a fiduciary	3938
to temporarily manage and control a casino facility.	3939

(B) The commission shall adopt rules under Chapter 119. of	3940
the Revised Code relating to the administration of a casino	3941
facility by a conservator.	3942

(C) The commission may petition the court of common pleas of	3943
the county in which the casino facility is located for appointment	3944
by the court of a conservator to manage and control the casino	3945
facility if any of the following occurs:	3946

(1) The commission revokes the casino operator's license.

3947

(2) The commission declines to renew the casino operator's	3948
license.	3949

(3) The commission suspends a casino operator's license for	3950
more than one hundred twenty days.	3951

(4) A proposed buyer is denied a casino operator's license,	3952
and the licensed casino operator is unable or unwilling to retain	3953
ownership or control of the casino facility.	3954

(5) A licensed casino operator agrees in writing to	3955
relinquish control of a casino facility to a conservator.	3956

(6) A natural disaster or bankruptcy halts operations at a	3957
casino facility.	3958

This division does not apply if the casino facility for which	3959
a casino license has been issued has not been in operation and	3960
open to the public.	3961

(D)(1) The petition shall contain the names of two or more	3962
persons who the commission believes are suitable and qualified to	3963
manage and control the casino facility and are available for	3964
appointment as a conservator.	3965

(2) Upon receipt of the petition, the court shall appoint as	3966
conservator of the casino facility a person who is named in the	3967
petition. The court shall immediately notify the commission of the	3968
appointment. Upon receipt of notice from the court, the commission	3969
shall immediately notify the casino operator and the conservator.	3970

(3) The court that appoints the conservator shall set	3971
reasonable compensation, out of the revenue of the casino	3972
facility, for the services, costs, and expenses of the conservator	3973
and for any other persons whom the conservator may engage to aid	3974
the conservator in performing the conservator's duties.	3975

(E) A conservator is subject to Chapter 3772. of the Revised	3976
Code and any rules adopted under that chapter as if the	3977
conservator were a licensed casino operator.	3978

(F) A conservator shall be deemed to be a licensed casino	3979
operator and may perform all acts that the conservator is required	3980
or permitted to perform without approval or other action.	3981

(G) The conservator shall take immediately into possession	3982
all property of the casino facility, including its money,	3983
accounts, books, records, and evidences of debts owed to the	3984
casino operator, and shall continue the business of the casino	3985
facility.	3986

(H) A conservator shall file with the commission reports on	3987
the administration of the casino facility in such form and at such	3988
intervals as the commission may prescribe.	3989

(I)(1) If at any time the court finds that a conservator is	3990
not qualified or available to serve as conservator, the court	3991
shall request from the commission the names of two or more persons	3992
who the commission believes are suitable and qualified to manage	3993
and control a casino facility and are available to serve as a	3994
conservator.	3995

(2) The commission may, at any time after the appointment of	3996
a conservator, petition the court for the removal of the	3997
conservator and the appointment of a new conservator or for the	3998
termination of the conservator.	3999

(J) A conservator shall, before assuming the conservator's	4000
duties, execute and file a bond for the faithful performance of	4001
the conservator's duties payable to the commission with such	4002
surety or sureties and in such form as the commission approves and	4003
in such amount as the commission prescribes.	4004

(K) The commission shall require that the former casino	4005
operator purchase liability insurance, in an amount determined by	4006
the commission, to protect a conservator from liability for any	4007
acts or omissions of the conservator occurring during the duration	4008
of the conservatorship that are reasonably related to, and within	4009
the scope of, the conservator's duties.	4010

(L)(1) The former licensed casino operator has one hundred	4011
eighty days after the date on which the conservator is appointed	4012
to sell the casino facility to another person who satisfies the	4013
requirements of this chapter for obtaining a casino operator's	4014
license and is approved by the commission.	4015

(2) If the person is unable to sell the casino facility in	4016
the time required by division (L)(1) of this section, the	4017
conservator may take any action necessary to sell the casino	4018
facility to another person who satisfies the requirements of this	4019
chapter for obtaining a casino operator's license and is approved	4020
by the commission.	4021

(M) The commission shall direct the court of common pleas to	4022
discontinue a conservatorship when any of the following occurs:	4023

(1) The commission determines that the cause for which the	4024
conservatorship was instituted no longer exists.	4025

(2) The former casino operator or the conservator has with	4026
the approval of the commission, consummated the sale, assignment,	4027
conveyance, or other disposition of the casino facility.	4028

(N) Upon the discontinuation of the conservatorship and with	4029
the approval of the commission, the conservator shall take steps	4030
as may be necessary to affect an orderly transfer of the property	4031
of the former casino operator.	4032

Sec. 3772.34. If any provisions of this chapter or the	4033
application thereof to any person or circumstance is held invalid,	4034
the invalidity does not affect other provisions or applications of	4035
this chapter or related sections that can be given effect without	4036
the invalid provision or application, and to this end the	4037
provisions are severable.	4038

Sec. 3772.99. (A) The commission shall levy and collect	4039
penalties for noncriminal violations of this chapter. Moneys	4040
collected from such penalty levies shall be credited to the	4041
general revenue fund.	4042

(B) If a licensed casino operator, management company,	4043
holding company, gaming-related vendor, or key employee violates	4044
this chapter or engages in a fraudulent act, the commission may	4045
suspend or revoke the license and may do either or both of the	4046
following:	4047

(1) Suspend, revoke, or restrict the casino gaming operations	4048
of a casino operator;	4049

(2) Require the removal of a management company, key	4050
employee, or discontinuance of services from a gaming-related	4051
vendor.	4052

(C) The commission shall impose civil penalties against a	4053
person who violates this chapter under the schedule of penalties	4054
adopted by the commission and approved by the joint committee on	4055
gaming and wagering.	4056

(D) A person who knowingly or intentionally does any of the	4057
following commits a misdemeanor of the first degree on the first	4058
offense and a felony of the fifth degree for a subsequent offense:	4059

(1) Makes a false statement on an application submitted under	4060
this chapter;	4061

(2) Permits a person less than twenty-one years of age to	4062
make a wager;	4063

(3) Aids, induces, or causes a person less than twenty-one	4064
years of age who is not an employee of the casino gaming operation	4065
to enter or attempt to enter a casino facility;	4066

(4) Enters or attempts to enter a casino facility while under	4067
twenty-one years of age, unless the person enters a designated	4068
area as described in section 3772.24 of the Revised Code;	4069

(5) Wagers or accepts a wager at a location other than a	4070
casino facility;	4071

(6) Is a casino operator or employee and participates in	4072
casino gaming other than as part of operation or employment.	4073

(E) A person who knowingly or intentionally does any of the	4074
following commits a felony of the fifth degree on a first offense	4075
and a felony of the fourth degree for a subsequent offense. If the	4076
person is a licensee under this chapter, the commission shall	4077
revoke the person's license after the first offense.	4078

(1) Offers, promises, or gives anything of value or benefit	4079
to a person who is connected with the casino operator, management	4080
company, holding company, or gaming-related vendor, including	4081
their officers and employees, under an agreement to influence or	4082
with the intent to influence the actions of the person to whom the	4083
offer, promise, or gift was made in order to affect or attempt to	4084
affect the outcome of a casino game or an official action of a	4085
commission member;	4086

(2) Solicits, accepts, or receives a promise of anything of	4087
value or benefit while the person is connected with a casino,	4088
including an officer or employee of a casino operator, management	4089
company, or gaming-related vendor, under an agreement to influence	4090
or with the intent to influence the actions of the person to	4091
affect or attempt to affect the outcome of a casino game or an	4092
official action of a commission member;	4093

(3) Uses or possesses with the intent to use a device to	4094
assist in projecting the outcome of the game, keeping track of the	4095
cards played, analyzing the probability of the occurrence of an	4096
event relating to the casino game, or analyzing the strategy for	4097
playing or betting to be used in the game, except as permitted by	4098
the commission;	4099

(4) Cheats at a casino game;

4100

(5) Manufactures, sells, or distributes any cards, chips,	4101
dice, game, or device that is intended to be used to violate this	4102
chapter;	4103

(6) Alters or misrepresents the outcome of a casino game on	4104
which wagers have been made after the outcome is made sure but	4105
before the outcome is revealed to the players;	4106

(7) Places a wager on the outcome of a casino game after	4107
acquiring knowledge that is not available to all players and	4108
concerns the outcome of the casino game that is the subject of the	4109
wager;	4110

(8) Aids a person in acquiring the knowledge described in	4111
division (E)(7) of this section for the purpose of placing a wager	4112
contingent on the outcome of a casino game;	4113

(9) Claims, collects, takes, or attempts to claim, collect,	4114
or take money or anything of value in or from a casino game with	4115
the intent to defraud or without having made a wager contingent on	4116
winning a casino game;	4117

(10) Claims, collects, or takes an amount of money or thing	4118
of value of greater value than the amount won in a casino game;	4119

(11) Uses or possesses counterfeit chips or tokens in or for	4120
use in a casino game;	4121

(12) Possesses a key or device designed for opening,	4122
entering, or affecting the operation of a casino game, drop box,	4123
or an electronic or a mechanical device connected with the casino	4124
game or removing coins, tokens, chips, or other contents of a	4125
casino game. This division does not apply to a casino operator,	4126
management company, or gaming-related vendor or their agents and	4127
employees in the course of agency or employment.	4128

(13) Possesses materials used to manufacture a slug or device	4129
intended to be used in a manner that violates this chapter;	4130

(14) Operates a casino gaming operation in which wagering is	4131
conducted or is to be conducted in a manner other than the manner	4132
required under this chapter.	4133

(F) The possession of more than one of the devices described	4134
in division (E)(11), (12), or (13) of this section creates a	4135
rebuttable presumption that the possessor intended to use the	4136
devices for cheating.	4137

(G) A person who is convicted of a felony described in this	4138
chapter may be barred for life from entering a casino facility by	4139
the commission.	4140

Sec. 3793.02. (A) The department of alcohol and drug	4141
addiction services shall promote, assist in developing, and	4142
coordinate or conduct programs of education and research for the	4143
prevention of alcohol and drug addiction, the prevention of	4144
gambling addiction, the treatment, including intervention, of	4145
alcoholics and persons who abuse drugs of abuse, including	4146
anabolic steroids, and the treatment, including intervention, of	4147
persons with gambling addictions. Programs established by the	4148
department shall include abstinence-based prevention and treatment	4149
programs.	4150

(B) In addition to the other duties prescribed by this	4151
chapter, the department shall do all of the following:	4152

(1) Promote and coordinate efforts in the provision of	4153
alcohol and drug addiction services and of gambling addiction	4154
services by other state agencies, as defined in section 1.60 of	4155
the Revised Code; courts; hospitals; clinics; physicians in	4156
private practice; public health authorities; boards of alcohol,	4157
drug addiction, and mental health services; alcohol and drug	4158
addiction programs; law enforcement agencies; gambling addiction	4159
programs; and related groups;	4160

(2) Provide for education and training in prevention,	4161
diagnosis, treatment, and control of alcohol and drug addiction	4162
and of gambling addiction for medical students, physicians,	4163
nurses, social workers, professional counselors, psychologists,	4164
and other persons who provide alcohol and drug addiction services	4165
or gambling addiction services;	4166

(3) Provide training and consultation for persons who	4167
supervise alcohol and drug addiction programs and facilities or	4168
gambling addiction programs and facilities;	4169

(4) Develop measures for evaluating the effectiveness of	4170
alcohol and drug addiction services, including services that use	4171
methadone treatment, and of gambling addiction services, and for	4172
increasing the accountability of alcohol and drug addiction	4173
programs and of gambling addiction programs;	4174

(5) Provide to each court of record, and biennially update, a	4175
list of the treatment and education programs within that court's	4176
jurisdiction that the court may require an offender, sentenced	4177
pursuant to section 4511.19 of the Revised Code, to attend;	4178

(6) Make the warning sign described in sections 3313.752,	4179
3345.41, and 3707.50 of the Revised Code available on the	4180
department's internet web site;	4181

(7) Provide a program of gambling addiction services on	4182
behalf of the state lottery commission, pursuant to an agreement	4183
entered into with the director of the commission under division	4184
(K) of section 3770.02 of the Revised Code, and provide a program	4185
of gambling and addiction services on behalf of the Ohio casino	4186
control commission, under an agreement entered into with the	4187
executive director of the commission under section 3772.062 of the	4188
Revised Code. Under Section 6(C)(3) of Article XV, Ohio	4189
Constitution, the department may enter into agreements with county	4190
alcohol, drug addiction, and mental health service districts, and	4191
nonprofit organizations to provide gambling and addiction services	4192
and substance abuse services, and with state institutions of	4193
higher education to perform related research.	4194

(C) The department may accept and administer grants from	4195
public or private sources for carrying out any of the duties	4196
enumerated in this section.	4197

(D) Pursuant to Chapter 119. of the Revised Code, the	4198
department shall adopt a rule defining the term "intervention" as	4199
it is used in this chapter in connection with alcohol and drug	4200
addiction services and in connection with gambling addiction	4201
services. The department may adopt other rules as necessary to	4202
implement the requirements of this chapter.	4203

Sec. 3793.032. The director of alcohol and drug addiction	4204
services shall administer the problem casino gambling and	4205
addictions fund. The director shall use the money in the fund to	4206
support programs that provide gambling addiction services, alcohol	4207
and drug addiction programs that provide alcohol and drug	4208
addiction services, other programs that relate to gambling	4209
addiction and substance abuse, and research that relates to	4210
gambling addiction and substance abuse.	4211

The director shall prepare an annual report describing the	4212
use of the fund for these purposes. The director shall submit the	4213
report to the Ohio casino control commission, the speaker of the	4214
house of representatives, the president of the senate, and the	4215
governor.	4216

Sec. 4301.355. (A) If a petition is filed under section	4217
4301.333 of the Revised Code for the submission of the question or	4218
questions set forth in this section, it shall be held in the	4219
precinct as ordered by the board of elections under that section.	4220
The expense of holding the election shall be charged to the	4221
municipal corporation or township of which the precinct is a part.	4222

(B) At the election, one or more of the following questions,	4223
as designated in a valid petition, shall be submitted to the	4224
electors of the precinct:	4225

(1) "Shall the sale of .......... (insert beer, wine and	4226
mixed beverages, or spirituous liquor) be permitted by ..........	4227
(insert name of applicant, liquor permit holder, or liquor agency	4228
store, including trade or fictitious name under which applicant	4229
for, or holder of, liquor permit or liquor agency store either	4230
intends to do, or does, business at the particular location), an	4231
.......... (insert "applicant for" or "holder of" or "operator	4232
of") a .......... (insert class name of liquor permit or permits	4233
followed by the words "liquor permit(s)" or, if appropriate, the	4234
words "liquor agency store for the State of Ohio"), who is engaged	4235
in the business of .......... (insert general nature of the	4236
business in which applicant or liquor permit holder is engaged or	4237
will be engaged in at the particular location, as described in the	4238
petition) at .......... (insert address of the particular location	4239
within the precinct as set forth in the petition) in this	4240
precinct?"	4241

(2) "Shall the sale of .......... (insert beer, wine and	4242
mixed beverages, or spirituous liquor) be permitted for sale on	4243
Sunday between the hours of .......... (insert "ten a.m. and	4244
midnight" or " eleven a.m. and midnight") by .......... (insert	4245
name of applicant, liquor permit holder, or liquor agency store,	4246
including trade or fictitious name under which applicant for, or	4247
holder of, liquor permit or liquor agency store either intends to	4248
do, or does, business at the particular location), an ......	4249
(insert "applicant for a D-6 liquor permit," "holder of a D-6	4250
liquor permit," "applicant for or holder of an A-1-A, A-2, A-3a,	4251
C-1, C-2x, D-1, D-2x, D-3, D-3x, D-4, D-5, D-5b, D-5c, D-5e, D-5f,	4252
D-5g, D-5h, D-5i, D-5j, D-5k, D-5l, D-5m, D-5n, D-5o, or D-7	4253
liquor permit," if only the approval of beer sales is sought, or	4254
"liquor agency store") who is engaged in the business of	4255
.......... (insert general nature of the business in which	4256
applicant or liquor permit holder is engaged or will be engaged in	4257
at the particular location, as described in the petition) at	4258
.......... (insert address of the particular location within the	4259
precinct) in this precinct?"	4260

(C) The board of elections shall furnish printed ballots at	4261
the election as provided under section 3505.06 of the Revised	4262
Code, except that a separate ballot shall be used for the election	4263
under this section. The question set forth in this section shall	4264
be printed on each ballot, and the board shall insert in the	4265
question appropriate words to complete it. Votes shall be cast as	4266
provided under section 3505.06 of the Revised Code.	4267

Sec. 4301.62. (A) As used in this section:

4268

(1) "Chauffeured limousine" means a vehicle registered under	4269
section 4503.24 of the Revised Code.	4270

(2) "Street," "highway," and "motor vehicle" have the same	4271
meanings as in section 4511.01 of the Revised Code.	4272

(B) No person shall have in the person's possession an opened	4273
container of beer or intoxicating liquor in any of the following	4274
circumstances:	4275

(1) In a state liquor store;

4276

(2) Except as provided in division (C) of this section, on	4277
the premises of the holder of any permit issued by the division of	4278
liquor control;	4279

(3) In any other public place;

4280

(4) Except as provided in division (D) or (E) of this	4281
section, while operating or being a passenger in or on a motor	4282
vehicle on any street, highway, or other public or private	4283
property open to the public for purposes of vehicular travel or	4284
parking;	4285

(5) Except as provided in division (D) or (E) of this	4286
section, while being in or on a stationary motor vehicle on any	4287
street, highway, or other public or private property open to the	4288
public for purposes of vehicular travel or parking.	4289

(C)(1) A person may have in the person's possession an opened	4290
container of any of the following:	4291

(a) Beer or intoxicating liquor that has been lawfully	4292
purchased for consumption on the premises where bought from the	4293
holder of an A-1-A, A-2, A-3a, D-1, D-2, D-3, D-3a, D-4, D-4a,	4294
D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j,	4295
D-5k, D-5l, D-5m, D-5n, D-5o, D-7, D-8, E, F, F-2, F-5, F-7, or	4296
F-8 permit;	4297

(b) Beer, wine, or mixed beverages served for consumption on	4298
the premises by the holder of an F-3 permit or wine served for	4299
consumption on the premises by the holder of an F-4 or F-6 permit;	4300

(c) Beer or intoxicating liquor consumed on the premises of a	4301
convention facility as provided in section 4303.201 of the Revised	4302
Code;	4303

(d) Beer or intoxicating liquor to be consumed during	4304
tastings and samplings approved by rule of the liquor control	4305
commission.	4306

(2) A person may have in the person's possession on an F	4307
liquor permit premises an opened container of beer or intoxicating	4308
liquor that was not purchased from the holder of the F permit if	4309
the premises for which the F permit is issued is a music festival	4310
and the holder of the F permit grants permission for that	4311
possession on the premises during the period for which the F	4312
permit is issued. As used in this division, "music festival" means	4313
a series of outdoor live musical performances, extending for a	4314
period of at least three consecutive days and located on an area	4315
of land of at least forty acres.	4316

(3)(a) A person may have in the person's possession on a D-2	4317
liquor permit premises an opened or unopened container of wine	4318
that was not purchased from the holder of the D-2 permit if the	4319
premises for which the D-2 permit is issued is an outdoor	4320
performing arts center, the person is attending an orchestral	4321
performance, and the holder of the D-2 permit grants permission	4322
for the possession and consumption of wine in certain	4323
predesignated areas of the premises during the period for which	4324
the D-2 permit is issued.	4325

(b) As used in division (C)(3)(a) of this section:

4326

(i) "Orchestral performance" means a concert comprised of a	4327
group of not fewer than forty musicians playing various musical	4328
instruments.	4329

(ii) "Outdoor performing arts center" means an outdoor	4330
performing arts center that is located on not less than eight	4331
hundred acres of land and that is open for performances from the	4332
first day of April to the last day of October of each year.	4333

(4) A person may have in the person's possession an opened or	4334
unopened container of beer or intoxicating liquor at an outdoor	4335
location at which the person is attending an orchestral	4336
performance as defined in division (C)(3)(b)(i) of this section if	4337
the person with supervision and control over the performance	4338
grants permission for the possession and consumption of beer or	4339
intoxicating liquor in certain predesignated areas of that outdoor	4340
location.	4341

(D) This section does not apply to a person who pays all or a	4342
portion of the fee imposed for the use of a chauffeured limousine	4343
pursuant to a prearranged contract, or the guest of the person,	4344
when all of the following apply:	4345

(1) The person or guest is a passenger in the limousine.

4346

(2) The person or guest is located in the limousine, but is	4347
not occupying a seat in the front compartment of the limousine	4348
where the operator of the limousine is located.	4349

(3) The limousine is located on any street, highway, or other	4350
public or private property open to the public for purposes of	4351
vehicular travel or parking.	4352

(E) An opened bottle of wine that was purchased from the	4353
holder of a permit that authorizes the sale of wine for	4354
consumption on the premises where sold is not an opened container	4355
for the purposes of this section if both of the following apply:	4356

(1) The opened bottle of wine is securely resealed by the	4357
permit holder or an employee of the permit holder before the	4358
bottle is removed from the premises. The bottle shall be secured	4359
in such a manner that it is visibly apparent if the bottle has	4360
been subsequently opened or tampered with.	4361

(2) The opened bottle of wine that is resealed in accordance	4362
with division (E)(1) of this section is stored in the trunk of a	4363
motor vehicle or, if the motor vehicle does not have a trunk,	4364
behind the last upright seat or in an area not normally occupied	4365
by the driver or passengers and not easily accessible by the	4366
driver.	4367

Sec. 4303.181. (A) Permit D-5a may be issued either to the	4368
owner or operator of a hotel or motel that is required to be	4369
licensed under section 3731.03 of the Revised Code, that contains	4370
at least fifty rooms for registered transient guests or is owned	4371
by a state institution of higher education as defined in section	4372
3345.011 of the Revised Code or a private college or university,	4373
and that qualifies under the other requirements of this section,	4374
or to the owner or operator of a restaurant specified under this	4375
section, to sell beer and any intoxicating liquor at retail, only	4376
by the individual drink in glass and from the container, for	4377
consumption on the premises where sold, and to registered guests	4378
in their rooms, which may be sold by means of a controlled access	4379
alcohol and beverage cabinet in accordance with division (B) of	4380
section 4301.21 of the Revised Code; and to sell the same products	4381
in the same manner and amounts not for consumption on the premises	4382
as may be sold by holders of D-1 and D-2 permits. The premises of	4383
the hotel or motel shall include a retail food establishment or a	4384
food service operation licensed pursuant to Chapter 3717. of the	4385
Revised Code that operates as a restaurant for purposes of this	4386
chapter and that is affiliated with the hotel or motel and within	4387
or contiguous to the hotel or motel, and that serves food within	4388
the hotel or motel, but the principal business of the owner or	4389
operator of the hotel or motel shall be the accommodation of	4390
transient guests. In addition to the privileges authorized in this	4391
division, the holder of a D-5a permit may exercise the same	4392
privileges as the holder of a D-5 permit.	4393

The owner or operator of a hotel, motel, or restaurant who	4394
qualified for and held a D-5a permit on August 4, 1976, may, if	4395
the owner or operator held another permit before holding a D-5a	4396
permit, either retain a D-5a permit or apply for the permit	4397
formerly held, and the division of liquor control shall issue the	4398
permit for which the owner or operator applies and formerly held,	4399
notwithstanding any quota.	4400

A D-5a permit shall not be transferred to another location.	4401
No quota restriction shall be placed on the number of D-5a permits	4402
that may be issued.	4403

The fee for this permit is two thousand three hundred	4404
forty-four dollars.	4405

(B) Permit D-5b may be issued to the owner, operator, tenant,	4406
lessee, or occupant of an enclosed shopping center to sell beer	4407
and intoxicating liquor at retail, only by the individual drink in	4408
glass and from the container, for consumption on the premises	4409
where sold; and to sell the same products in the same manner and	4410
amount not for consumption on the premises as may be sold by	4411
holders of D-1 and D-2 permits. In addition to the privileges	4412
authorized in this division, the holder of a D-5b permit may	4413
exercise the same privileges as a holder of a D-5 permit.	4414

A D-5b permit shall not be transferred to another location.

4415

One D-5b permit may be issued at an enclosed shopping center	4416
containing at least two hundred twenty-five thousand, but less	4417
than four hundred thousand, square feet of floor area.	4418

Two D-5b permits may be issued at an enclosed shopping center	4419
containing at least four hundred thousand square feet of floor	4420
area. No more than one D-5b permit may be issued at an enclosed	4421
shopping center for each additional two hundred thousand square	4422
feet of floor area or fraction of that floor area, up to a maximum	4423
of five D-5b permits for each enclosed shopping center. The number	4424
of D-5b permits that may be issued at an enclosed shopping center	4425
shall be determined by subtracting the number of D-3 and D-5	4426
permits issued in the enclosed shopping center from the number of	4427
D-5b permits that otherwise may be issued at the enclosed shopping	4428
center under the formulas provided in this division. Except as	4429
provided in this section, no quota shall be placed on the number	4430
of D-5b permits that may be issued. Notwithstanding any quota	4431
provided in this section, the holder of any D-5b permit first	4432
issued in accordance with this section is entitled to its renewal	4433
in accordance with section 4303.271 of the Revised Code.	4434

The holder of a D-5b permit issued before April 4, 1984,	4435
whose tenancy is terminated for a cause other than nonpayment of	4436
rent, may return the D-5b permit to the division of liquor	4437
control, and the division shall cancel that permit. Upon	4438
cancellation of that permit and upon the permit holder's payment	4439
of taxes, contributions, premiums, assessments, and other debts	4440
owing or accrued upon the date of cancellation to this state and	4441
its political subdivisions and a filing with the division of a	4442
certification of that payment, the division shall issue to that	4443
person either a D-5 permit, or a D-1, a D-2, and a D-3 permit, as	4444
that person requests. The division shall issue the D-5 permit, or	4445
the D-1, D-2, and D-3 permits, even if the number of D-1, D-2,	4446
D-3, or D-5 permits currently issued in the municipal corporation	4447
or in the unincorporated area of the township where that person's	4448
proposed premises is located equals or exceeds the maximum number	4449
of such permits that can be issued in that municipal corporation	4450
or in the unincorporated area of that township under the	4451
population quota restrictions contained in section 4303.29 of the	4452
Revised Code. Any D-1, D-2, D-3, or D-5 permit so issued shall not	4453
be transferred to another location. If a D-5b permit is canceled	4454
under the provisions of this paragraph, the number of D-5b permits	4455
that may be issued at the enclosed shopping center for which the	4456
D-5b permit was issued, under the formula provided in this	4457
division, shall be reduced by one if the enclosed shopping center	4458
was entitled to more than one D-5b permit under the formula.	4459

The fee for this permit is two thousand three hundred	4460
forty-four dollars.	4461

(C) Permit D-5c may be issued to the owner or operator of a	4462
retail food establishment or a food service operation licensed	4463
pursuant to Chapter 3717. of the Revised Code that operates as a	4464
restaurant for purposes of this chapter and that qualifies under	4465
the other requirements of this section to sell beer and any	4466
intoxicating liquor at retail, only by the individual drink in	4467
glass and from the container, for consumption on the premises	4468
where sold, and to sell the same products in the same manner and	4469
amounts not for consumption on the premises as may be sold by	4470
holders of D-1 and D-2 permits. In addition to the privileges	4471
authorized in this division, the holder of a D-5c permit may	4472
exercise the same privileges as the holder of a D-5 permit.	4473

To qualify for a D-5c permit, the owner or operator of a	4474
retail food establishment or a food service operation licensed	4475
pursuant to Chapter 3717. of the Revised Code that operates as a	4476
restaurant for purposes of this chapter, shall have operated the	4477
restaurant at the proposed premises for not less than twenty-four	4478
consecutive months immediately preceding the filing of the	4479
application for the permit, have applied for a D-5 permit no later	4480
than December 31, 1988, and appear on the division's quota waiting	4481
list for not less than six months immediately preceding the filing	4482
of the application for the permit. In addition to these	4483
requirements, the proposed D-5c permit premises shall be located	4484
within a municipal corporation and further within an election	4485
precinct that, at the time of the application, has no more than	4486
twenty-five per cent of its total land area zoned for residential	4487
use.	4488

A D-5c permit shall not be transferred to another location.	4489
No quota restriction shall be placed on the number of such permits	4490
that may be issued.	4491

Any person who has held a D-5c permit for at least two years	4492
may apply for a D-5 permit, and the division of liquor control	4493
shall issue the D-5 permit notwithstanding the quota restrictions	4494
contained in section 4303.29 of the Revised Code or in any rule of	4495
the liquor control commission.	4496

The fee for this permit is one thousand five hundred	4497
sixty-three dollars.	4498

(D) Permit D-5d may be issued to the owner or operator of a	4499
retail food establishment or a food service operation licensed	4500
pursuant to Chapter 3717. of the Revised Code that operates as a	4501
restaurant for purposes of this chapter and that is located at an	4502
airport operated by a board of county commissioners pursuant to	4503
section 307.20 of the Revised Code, at an airport operated by a	4504
port authority pursuant to Chapter 4582. of the Revised Code, or	4505
at an airport operated by a regional airport authority pursuant to	4506
Chapter 308. of the Revised Code. The holder of a D-5d permit may	4507
sell beer and any intoxicating liquor at retail, only by the	4508
individual drink in glass and from the container, for consumption	4509
on the premises where sold, and may sell the same products in the	4510
same manner and amounts not for consumption on the premises where	4511
sold as may be sold by the holders of D-1 and D-2 permits. In	4512
addition to the privileges authorized in this division, the holder	4513
of a D-5d permit may exercise the same privileges as the holder of	4514
a D-5 permit.	4515

A D-5d permit shall not be transferred to another location.	4516
No quota restrictions shall be placed on the number of such	4517
permits that may be issued.	4518

The fee for this permit is two thousand three hundred	4519
forty-four dollars.	4520

(E) Permit D-5e may be issued to any nonprofit organization	4521
that is exempt from federal income taxation under the "Internal	4522
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501(c)(3), as	4523
amended, or that is a charitable organization under any chapter of	4524
the Revised Code, and that owns or operates a riverboat that meets	4525
all of the following:	4526

(1) Is permanently docked at one location;

4527

(2) Is designated as an historical riverboat by the Ohio	4528
historical society;	4529

(3) Contains not less than fifteen hundred square feet of	4530
floor area;	4531

(4) Has a seating capacity of fifty or more persons.

4532

The holder of a D-5e permit may sell beer and intoxicating	4533
liquor at retail, only by the individual drink in glass and from	4534
the container, for consumption on the premises where sold.	4535

A D-5e permit shall not be transferred to another location.	4536
No quota restriction shall be placed on the number of such permits	4537
that may be issued. The population quota restrictions contained in	4538
section 4303.29 of the Revised Code or in any rule of the liquor	4539
control commission shall not apply to this division, and the	4540
division shall issue a D-5e permit to any applicant who meets the	4541
requirements of this division. However, the division shall not	4542
issue a D-5e permit if the permit premises or proposed permit	4543
premises are located within an area in which the sale of	4544
spirituous liquor by the glass is prohibited.	4545

The fee for this permit is one thousand two hundred nineteen	4546
dollars.	4547

(F) Permit D-5f may be issued to the owner or operator of a	4548
retail food establishment or a food service operation licensed	4549
under Chapter 3717. of the Revised Code that operates as a	4550
restaurant for purposes of this chapter and that meets all of the	4551
following:	4552

(1) It contains not less than twenty-five hundred square feet	4553
of floor area.	4554

(2) It is located on or in, or immediately adjacent to, the	4555
shoreline of, a navigable river.	4556

(3) It provides docking space for twenty-five boats.

4557

(4) It provides entertainment and recreation, provided that	4558
not less than fifty per cent of the business on the permit	4559
premises shall be preparing and serving meals for a consideration.	4560

In addition, each application for a D-5f permit shall be	4561
accompanied by a certification from the local legislative	4562
authority that the issuance of the D-5f permit is not inconsistent	4563
with that political subdivision's comprehensive development plan	4564
or other economic development goal as officially established by	4565
the local legislative authority.	4566

The holder of a D-5f permit may sell beer and intoxicating	4567
liquor at retail, only by the individual drink in glass and from	4568
the container, for consumption on the premises where sold.	4569

A D-5f permit shall not be transferred to another location.

4570

The division of liquor control shall not issue a D-5f permit	4571
if the permit premises or proposed permit premises are located	4572
within an area in which the sale of spirituous liquor by the glass	4573
is prohibited.	4574

A fee for this permit is two thousand three hundred	4575
forty-four dollars.	4576

As used in this division, "navigable river" means a river	4577
that is also a "navigable water" as defined in the "Federal Power	4578
Act," 94 Stat. 770 (1980), 16 U.S.C. 796.	4579

(G) Permit D-5g may be issued to a nonprofit corporation that	4580
is either the owner or the operator of a national professional	4581
sports museum. The holder of a D-5g permit may sell beer and any	4582
intoxicating liquor at retail, only by the individual drink in	4583
glass and from the container, for consumption on the premises	4584
where sold. The holder of a D-5g permit shall sell no beer or	4585
intoxicating liquor for consumption on the premises where sold	4586
after one a.m. A D-5g permit shall not be transferred to another	4587
location. No quota restrictions shall be placed on the number of	4588
D-5g permits that may be issued. The fee for this permit is one	4589
thousand eight hundred seventy-five dollars.	4590

(H)(1) Permit D-5h may be issued to any nonprofit	4591
organization that is exempt from federal income taxation under the	4592
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.	4593
501(c)(3), as amended, that owns or operates any of the following:	4594

(a) A fine arts museum, provided that the nonprofit	4595
organization has no less than one thousand five hundred bona fide	4596
members possessing full membership privileges;	4597

(b) A community arts center. As used in division (H)(1)(b) of	4598
this section, "community arts center" means a facility that	4599
provides arts programming to the community in more than one arts	4600
discipline, including, but not limited to, exhibits of works of	4601
art and performances by both professional and amateur artists.	4602

(c) A community theater, provided that the nonprofit	4603
organization is a member of the Ohio arts council and the American	4604
community theatre association and has been in existence for not	4605
less than ten years. As used in division (H)(1)(c) of this	4606
section, "community theater" means a facility that contains at	4607
least one hundred fifty seats and has a primary function of	4608
presenting live theatrical performances and providing recreational	4609
opportunities to the community.	4610

(2) The holder of a D-5h permit may sell beer and any	4611
intoxicating liquor at retail, only by the individual drink in	4612
glass and from the container, for consumption on the premises	4613
where sold. The holder of a D-5h permit shall sell no beer or	4614
intoxicating liquor for consumption on the premises where sold	4615
after one a.m. A D-5h permit shall not be transferred to another	4616
location. No quota restrictions shall be placed on the number of	4617
D-5h permits that may be issued.	4618

(3) The fee for a D-5h permit is one thousand eight hundred	4619
seventy-five dollars.	4620

(I) Permit D-5i may be issued to the owner or operator of a	4621
retail food establishment or a food service operation licensed	4622
under Chapter 3717. of the Revised Code that operates as a	4623
restaurant for purposes of this chapter and that meets all of the	4624
following requirements:	4625

(1) It is located in a municipal corporation or a township	4626
with a population of one hundred thousand or less.	4627

(2) It has inside seating capacity for at least one hundred	4628
forty persons.	4629

(3) It has at least four thousand square feet of floor area.

4630

(4) It offers full-course meals, appetizers, and sandwiches.

4631

(5) Its receipts from beer and liquor sales, excluding wine	4632
sales, do not exceed twenty-five per cent of its total gross	4633
receipts.	4634

(6) It has at least one of the following characteristics:

4635

(a) The value of its real and personal property exceeds seven	4636
hundred twenty-five thousand dollars.	4637

(b) It is located on property that is owned or leased by the	4638
state or a state agency, and its owner or operator has	4639
authorization from the state or the state agency that owns or	4640
leases the property to obtain a D-5i permit.	4641

The holder of a D-5i permit may sell beer and any	4642
intoxicating liquor at retail, only by the individual drink in	4643
glass and from the container, for consumption on the premises	4644
where sold, and may sell the same products in the same manner and	4645
amounts not for consumption on the premises where sold as may be	4646
sold by the holders of D-1 and D-2 permits. The holder of a D-5i	4647
permit shall sell no beer or intoxicating liquor for consumption	4648
on the premises where sold after two-thirty a.m. In addition to	4649
the privileges authorized in this division, the holder of a D-5i	4650
permit may exercise the same privileges as the holder of a D-5	4651
permit.	4652

A D-5i permit shall not be transferred to another location.	4653
The division of liquor control shall not renew a D-5i permit	4654
unless the retail food establishment or food service operation for	4655
which it is issued continues to meet the requirements described in	4656
divisions (I)(1) to (6) of this section. No quota restrictions	4657
shall be placed on the number of D-5i permits that may be issued.	4658
The fee for the D-5i permit is two thousand three hundred	4659
forty-four dollars.	4660

(J)(1) Permit D-5j may be issued to the owner or the operator	4661
of a retail food establishment or a food service operation	4662
licensed under Chapter 3717. of the Revised Code to sell beer and	4663
intoxicating liquor at retail, only by the individual drink in	4664
glass and from the container, for consumption on the premises	4665
where sold and to sell beer and intoxicating liquor in the same	4666
manner and amounts not for consumption on the premises where sold	4667
as may be sold by the holders of D-1 and D-2 permits. The holder	4668
of a D-5j permit may exercise the same privileges, and shall	4669
observe the same hours of operation, as the holder of a D-5	4670
permit.	4671

(2) The D-5j permit shall be issued only within a community	4672
entertainment district that is designated under section 4301.80 of	4673
the Revised Code and that meets one of the following	4674
qualifications:	4675

(a) It is located in a municipal corporation with a	4676
population of at least one hundred thousand.	4677

(b) It is located in a municipal corporation with a	4678
population of at least twenty thousand, and either of the	4679
following applies:	4680

(i) It contains an amusement park the rides of which have	4681
been issued a permit by the department of agriculture under	4682
Chapter 1711. of the Revised Code.	4683

(ii) Not less than fifty million dollars will be invested in	4684
development and construction in the community entertainment	4685
district's area located in the municipal corporation.	4686

(c) It is located in a township with a population of at least	4687
forty thousand.	4688

(d) It is located in a municipal corporation with a	4689
population of at least ten thousand, and not less than seventy	4690
million dollars will be invested in development and construction	4691
in the community entertainment district's area located in the	4692
municipal corporation.	4693

(e) It is located in a municipal corporation with a	4694
population of at least five thousand, and not less than one	4695
hundred million dollars will be invested in development and	4696
construction in the community entertainment district's area	4697
located in the municipal corporation.	4698

(3) The location of a D-5j permit may be transferred only	4699
within the geographic boundaries of the community entertainment	4700
district in which it was issued and shall not be transferred	4701
outside the geographic boundaries of that district.	4702

(4) Not more than one D-5j permit shall be issued within each	4703
community entertainment district for each five acres of land	4704
located within the district. Not more than fifteen D-5j permits	4705
may be issued within a single community entertainment district.	4706
Except as otherwise provided in division (J)(4) of this section,	4707
no quota restrictions shall be placed upon the number of D-5j	4708
permits that may be issued.	4709

(5) The fee for a D-5j permit is two thousand three hundred	4710
forty-four dollars.	4711

(K)(1) Permit D-5k may be issued to any nonprofit	4712
organization that is exempt from federal income taxation under the	4713
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.	4714
501(c)(3), as amended, that is the owner or operator of a	4715
botanical garden recognized by the American association of	4716
botanical gardens and arboreta, and that has not less than	4717
twenty-five hundred bona fide members.	4718

(2) The holder of a D-5k permit may sell beer and any	4719
intoxicating liquor at retail, only by the individual drink in	4720
glass and from the container, on the premises where sold.	4721

(3) The holder of a D-5k permit shall sell no beer or	4722
intoxicating liquor for consumption on the premises where sold	4723
after one a.m.	4724

(4) A D-5k permit shall not be transferred to another	4725
location.	4726

(5) No quota restrictions shall be placed on the number of	4727
D-5k permits that may be issued.	4728

(6) The fee for the D-5k permit is one thousand eight hundred	4729
seventy-five dollars.	4730

(L)(1) Permit D-5l may be issued to the owner or the operator	4731
of a retail food establishment or a food service operation	4732
licensed under Chapter 3717. of the Revised Code to sell beer and	4733
intoxicating liquor at retail, only by the individual drink in	4734
glass and from the container, for consumption on the premises	4735
where sold and to sell beer and intoxicating liquor in the same	4736
manner and amounts not for consumption on the premises where sold	4737
as may be sold by the holders of D-1 and D-2 permits. The holder	4738
of a D-5l permit may exercise the same privileges, and shall	4739
observe the same hours of operation, as the holder of a D-5	4740
permit.	4741

(2) The D-5l permit shall be issued only to a premises that	4742
has gross annual receipts from the sale of food and meals that	4743
constitute not less than seventy-five per cent of its total gross	4744
annual receipts, that is located within a revitalization district	4745
that is designated under section 4301.81 of the Revised Code, that	4746
is located in a municipal corporation or township in which the	4747
number of D-5 permits issued equals or exceeds the number of those	4748
permits that may be issued in that municipal corporation or	4749
township under section 4303.29 of the Revised Code, and that is	4750
located in a county with a population of one hundred twenty-five	4751
thousand or less according to the population estimates certified	4752
by the department of development for calendar year 2006.	4753

(3) The location of a D-5l permit may be transferred only	4754
within the geographic boundaries of the revitalization district in	4755
which it was issued and shall not be transferred outside the	4756
geographic boundaries of that district.	4757

(4) Not more than one D-5l permit shall be issued within each	4758
revitalization district for each five acres of land located within	4759
the district. Not more than five D-5l permits may be issued within	4760
a single revitalization district. Except as otherwise provided in	4761
division (L)(4) of this section, no quota restrictions shall be	4762
placed upon the number of D-5l permits that may be issued.	4763

(5) The fee for a D-5l permit is two thousand three hundred	4764
forty-four dollars.	4765

(M) Permit D-5m may be issued to either the owner or the	4766
operator of a retail food establishment or food service operation	4767
licensed under Chapter 3717. of the Revised Code that operates as	4768
a restaurant for purposes of this chapter and that is located in,	4769
or affiliated with, a center for the preservation of wild animals	4770
as defined in section 4301.404 of the Revised Code, to sell beer	4771
and any intoxicating liquor at retail, only by the glass and from	4772
the container, for consumption on the premises where sold, and to	4773
sell the same products in the same manner and amounts not for	4774
consumption on the premises as may be sold by the holders of D-1	4775
and D-2 permits. In addition to the privileges authorized by this	4776
division, the holder of a D-5m permit may exercise the same	4777
privileges as the holder of a D-5 permit.	4778

A D-5m permit shall not be transferred to another location.	4779
No quota restrictions shall be placed on the number of D-5m	4780
permits that may be issued. The fee for a permit D-5m is two	4781
thousand three hundred forty-four dollars.	4782

(N) Permit D-5n shall be issued to either a casino operator	4783
or a casino management company licensed under Chapter 3772. of the	4784
Revised Code that operates a casino facility under that chapter,	4785
to sell beer, intoxicating liquor, wine, and mixed beverages at	4786
retail, only by the glass and from the container, for consumption	4787
on the premises where sold, and to sell the same products in the	4788
same manner and amounts not for consumption on the premises as may	4789
be sold by the holders of D-1 and D-2 permits. In addition to the	4790
privileges authorized by this division, the holder of a D-5n	4791
permit may exercise the same privileges as the holder of a D-5	4792
permit. A D-5n permit shall not be transferred to another	4793
location. Only one D-5n permit may be issued per casino facility	4794
and not more than four D-5n permits shall be issued in this state.	4795
The fee for a permit D-5n shall be twenty-five thousand dollars.	4796
The holder of a D-5n permit may conduct casino gaming on the	4797
permit premises notwithstanding any provision of the Revised Code	4798
or Administrative Code.	4799

(O) Permit D-5o may be issued to the owner or operator of a	4800
retail food establishment or a food service operation licensed	4801
under Chapter 3717. of the Revised Code that operates as a	4802
restaurant for purposes of this chapter and that is located within	4803
a casino facility for which a D-5n permit has been issued. The	4804
holder of a D-5o permit may sell beer and any intoxicating liquor	4805
at retail, only by the glass and from the container, for	4806
consumption on the premises where sold, and may sell the same	4807
products in the same manner and amounts not for consumption on the	4808
premises where sold as may be sold by the holders of D-1 and D-2	4809
permits. In addition to the privileges authorized by this	4810
division, the holder of a D-5o permit may exercise the same	4811
privileges as the holder of a D-5 permit. A D-5o permit shall not	4812
be transferred to another location. No quota restrictions shall be	4813
placed on the number of such permits that may be issued. The fee	4814
for this permit is two thousand three hundred forty-four thousand	4815
dollars.	4816

Sec. 4303.182. (A) Except as otherwise provided in divisions	4817
(B) to (J) of this section, permit D-6 shall be issued to the	4818
holder of an A-1-A, A-2, A-3a, C-2, D-2, D-3, D-3a, D-4, D-4a,	4819
D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j,	4820
D-5k, D-5l, D-5m, D-5n, D-5o, or D-7 permit to allow sale under	4821
that permit as follows:	4822

(1) Between the hours of ten a.m. and midnight on Sunday if	4823
sale during those hours has been approved under question (C)(1),	4824
(2), or (3) of section 4301.351 or 4301.354 of the Revised Code,	4825
under question (B)(2) of section 4301.355 of the Revised Code, or	4826
under section 4301.356 of the Revised Code and has been authorized	4827
under section 4301.361, 4301.364, 4301.365, or 4301.366 of the	4828
Revised Code, under the restrictions of that authorization;	4829

(2) Between the hours of eleven a.m. and midnight on Sunday,	4830
if sale during those hours has been approved on or after the	4831
effective date of this amendment under question (B)(1), (2), or	4832
(3) of section 4301.351 or 4301.354 of the Revised Code, under	4833
question (B)(2) of section 4301.355 of the Revised Code, or under	4834
section 4301.356 of the Revised Code and has been authorized under	4835
section 4301.361, 4301.364, 4301.365, or 4301.366 of the Revised	4836
Code, under the restrictions of that authorization;	4837

(3) Between the hours of eleven a.m. and midnight on Sunday	4838
if sale between the hours of one p.m. and midnight was approved	4839
before the effective date of this amendment under question (B)(1),	4840
(2), or (3) of section 4301.351 or 4301.354 of the Revised Code,	4841
under question (B)(2) of section 4301.355 of the Revised Code, or	4842
under section 4301.356 of the Revised Code and has been authorized	4843
under section 4301.361, 4301.364, 4301.365, or 4301.366 of the	4844
Revised Code, under the other restrictions of that authorization.	4845

(B) Permit D-6 shall be issued to the holder of any permit,	4846
including a D-4a and D-5d permit, authorizing the sale of	4847
intoxicating liquor issued for a premises located at any publicly	4848
owned airport, as defined in section 4563.01 of the Revised Code,	4849
at which commercial airline companies operate regularly scheduled	4850
flights on which space is available to the public, to allow sale	4851
under such permit between the hours of ten a.m. and midnight on	4852
Sunday, whether or not that sale has been authorized under section	4853
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	4854

(C) Permit D-6 shall be issued to the holder of a D-5a	4855
permit, and to the holder of a D-3 or D-3a permit who is the owner	4856
or operator of a hotel or motel that is required to be licensed	4857
under section 3731.03 of the Revised Code, that contains at least	4858
fifty rooms for registered transient guests, and that has on its	4859
premises a retail food establishment or a food service operation	4860
licensed pursuant to Chapter 3717. of the Revised Code that	4861
operates as a restaurant for purposes of this chapter and is	4862
affiliated with the hotel or motel and within or contiguous to the	4863
hotel or motel and serving food within the hotel or motel, to	4864
allow sale under such permit between the hours of ten a.m. and	4865
midnight on Sunday, whether or not that sale has been authorized	4866
under section 4301.361, 4301.364, 4301.365, or 4301.366 of the	4867
Revised Code.	4868

(D) The holder of a D-6 permit that is issued to a sports	4869
facility may make sales under the permit between the hours of	4870
eleven a.m. and midnight on any Sunday on which a professional	4871
baseball, basketball, football, hockey, or soccer game is being	4872
played at the sports facility. As used in this division, "sports	4873
facility" means a stadium or arena that has a seating capacity of	4874
at least four thousand and that is owned or leased by a	4875
professional baseball, basketball, football, hockey, or soccer	4876
franchise or any combination of those franchises.	4877

(E) Permit D-6 shall be issued to the holder of any permit	4878
that authorizes the sale of beer or intoxicating liquor and that	4879
is issued to a premises located in or at the Ohio historical	4880
society area or the state fairgrounds, as defined in division (B)	4881
of section 4301.40 of the Revised Code, to allow sale under that	4882
permit between the hours of ten a.m. and midnight on Sunday,	4883
whether or not that sale has been authorized under section	4884
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	4885

(F) Permit D-6 shall be issued to the holder of any permit	4886
that authorizes the sale of intoxicating liquor and that is issued	4887
to an outdoor performing arts center to allow sale under that	4888
permit between the hours of one p.m. and midnight on Sunday,	4889
whether or not that sale has been authorized under section	4890
4301.361 of the Revised Code. A D-6 permit issued under this	4891
division is subject to the results of an election, held after the	4892
D-6 permit is issued, on question (B)(4) as set forth in section	4893
4301.351 of the Revised Code. Following the end of the period	4894
during which an election may be held on question (B)(4) as set	4895
forth in that section, sales of intoxicating liquor may continue	4896
at an outdoor performing arts center under a D-6 permit issued	4897
under this division, unless an election on that question is held	4898
during the permitted period and a majority of the voters voting in	4899
the precinct on that question vote "no."	4900

As used in this division, "outdoor performing arts center"	4901
means an outdoor performing arts center that is located on not	4902
less than eight hundred acres of land and that is open for	4903
performances from the first day of April to the last day of	4904
October of each year.	4905

(G) Permit D-6 shall be issued to the holder of any permit	4906
that authorizes the sale of beer or intoxicating liquor and that	4907
is issued to a golf course owned by the state, a conservancy	4908
district, a park district created under Chapter 1545. of the	4909
Revised Code, or another political subdivision to allow sale under	4910
that permit between the hours of ten a.m. and midnight on Sunday,	4911
whether or not that sale has been authorized under section	4912
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	4913

(H) Permit D-6 shall be issued to the holder of a D-5g permit	4914
to allow sale under that permit between the hours of ten a.m. and	4915
midnight on Sunday, whether or not that sale has been authorized	4916
under section 4301.361, 4301.364, 4301.365, or 4301.366 of the	4917
Revised Code.	4918

(I) Permit D-6 shall be issued to the holder of any D permit	4919
for a premises that is licensed under Chapter 3717. of the Revised	4920
Code and that is located at a ski area to allow sale under the D-6	4921
permit between the hours of ten a.m. and midnight on Sunday,	4922
whether or not that sale has been authorized under section	4923
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	4924

As used in this division, "ski area" means a ski area as	4925
defined in section 4169.01 of the Revised Code, provided that the	4926
passenger tramway operator at that area is registered under	4927
section 4169.03 of the Revised Code.	4928

(J) Permit D-6 shall be issued to the holder of any permit	4929
that is described in division (A) of this section for a permit	4930
premises that is located in a community entertainment district, as	4931
defined in section 4301.80 of the Revised Code, that was approved	4932
by the legislative authority of a municipal corporation under that	4933
section between October 1 and October 15, 2005, to allow sale	4934
under the permit between the hours of ten a.m. and midnight on	4935
Sunday, whether or not that sale has been authorized under section	4936
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	4937

(K) If the restriction to licensed premises where the sale of	4938
food and other goods and services exceeds fifty per cent of the	4939
total gross receipts of the permit holder at the premises is	4940
applicable, the division of liquor control may accept an affidavit	4941
from the permit holder to show the proportion of the permit	4942
holder's gross receipts derived from the sale of food and other	4943
goods and services. If the liquor control commission determines	4944
that affidavit to have been false, it shall revoke the permits of	4945
the permit holder at the premises concerned.	4946

(L) The fee for the D-6 permit is five hundred dollars when	4947
it is issued to the holder of an A-1-A, A-2, A-3a, D-2, D-3, D-3a,	4948
D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h,	4949
D-5i, D-5j, D-5k, D-5l, D-5m, D-5n, D-5o, or D-7 permit. The fee	4950
for the D-6 permit is four hundred dollars when it is issued to	4951
the holder of a C-2 permit.	4952

Sec. 4303.30. The rights granted by any D-2, D-3, D-3a, D-4,	4953
D-4a, D-5, D-5a, D-5b, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k,	4954
D-5l, D-5m, D-5n, D-5o, or D-6 permit shall be exercised at not	4955
more than two fixed counters, commonly known as bars, in rooms or	4956
places on the permit premises, where beer, mixed beverages, wine,	4957
or spirituous liquor is sold to the public for consumption on the	4958
premises. For each additional fixed counter on the permit premises	4959
where those beverages are sold for consumption on the premises,	4960
the permit holder shall obtain a duplicate D-2, D-3, D-3a, D-4,	4961
D-4a, D-5, D-5a, D-5b, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k,	4962
D-5l, D-5m, D-5n, D-5o, or D-6 permit.	4963

The holder of any D-2, D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b,	4964
D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k, D-5l, D-5m, D-5n, D-5o,	4965
or D-6 permit shall be granted, upon application to the division	4966
of liquor control, a duplicate D-2, D-3, D-3a, D-4, D-4a, D-5,	4967
D-5a, D-5b, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k, D-5l, D-5m,	4968
D-5n, D-5o, or D-6 permit for each additional fixed counter on the	4969
permit premises at which beer, mixed beverages, wine, or	4970
spirituous liquor is sold for consumption on the premises,	4971
provided the application is made in the same manner as an	4972
application for an original permit. The application shall be	4973
identified with DUPLICATE printed on the permit application form	4974
furnished by the department, in boldface type. The application	4975
shall identify by name, or otherwise amply describe, the room or	4976
place on the premises where the duplicate permit is to be	4977
operative. Each duplicate permit shall be issued only to the same	4978
individual, firm, or corporation as that of the original permit	4979
and shall be an exact duplicate in size and word content as the	4980
original permit, except that it shall show on it the name or other	4981
ample identification of the room, or place, for which it is issued	4982
and shall have DUPLICATE printed on it in boldface type. A	4983
duplicate permit shall bear the same number as the original	4984
permit. The fee for a duplicate permit is: D-1, one hundred	4985
dollars; D-2, one hundred dollars; D-3, four hundred dollars;	4986
D-3a, four hundred dollars; D-4, two hundred dollars; D-5, one	4987
thousand dollars; D-5a, one thousand dollars; D-5b, one thousand	4988
dollars; D-5c, four hundred dollars; D-5e, six hundred fifty	4989
dollars; D-5f, one thousand dollars; D-5o, one thousand dollars;	4990
D-6, one hundred dollars when issued to the holder of a D-4a	4991
permit; and in all other cases one hundred dollars or an amount	4992
which is twenty per cent of the fees payable for the A-1-A, D-2,	4993
D-3, D-3a, D-4, D-5, D-5a, D-5b, D-5e, D-5f, D-5g, D-5h, D-5i,	4994
D-5j, D-5k, D-5l, D-5m, D-5n, D-5o, and D-6 permits issued to the	4995
same premises, whichever is higher. Application for a duplicate	4996
permit may be filed any time during the life of an original	4997
permit. The fee for each duplicate D-2, D-3, D-3a, D-4, D-4a, D-5,	4998
D-5a, D-5b, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k, D-5l, D-5m,	4999
D-5n, D-5o, or D-6 permit shall be paid in accordance with section	5000
4303.24 of the Revised Code.	5001

Sec. 5502.03. (A) There is hereby created in the department	5002
of public safety a division of homeland security.	5003

(B) The division shall do all of the following:

5004

(1) Coordinate all homeland security activities of all state	5005
agencies and be the liaison between state agencies and local	5006
entities for the purposes of communicating homeland security	5007
funding and policy initiatives;	5008

(2) Collect, analyze, maintain, and disseminate information	5009
to support local, state, and federal law enforcement agencies,	5010
other government agencies, and private organizations in detecting,	5011
deterring, preventing, preparing for, responding to, and	5012
recovering from threatened or actual terrorist events. This	5013
information is not a public record pursuant to section 149.43 of	5014
the Revised Code.	5015

(3) Coordinate efforts of state and local governments and	5016
private organizations to enhance the security and protection of	5017
critical infrastructure, including casino facilities, and key	5018
assets in this state;	5019

(4) Develop and coordinate policies, protocols, and	5020
strategies that may be used to prevent, detect, prepare for,	5021
respond to, and recover from terrorist acts or threats;	5022

(5) Develop, update, and coordinate the implementation of an	5023
Ohio homeland security strategic plan that will guide state and	5024
local governments in the achievement of homeland security in this	5025
state.	5026

(C) The director of public safety shall appoint an executive	5027
director, who shall be head of the division of homeland security	5028
and who regularly shall advise the governor and the director on	5029
matters pertaining to homeland security. The executive director	5030
shall serve at the pleasure of the director of public safety. To	5031
carry out the duties assigned under this section, the executive	5032
director, subject to the direction and control of the director of	5033
public safety, may appoint and maintain necessary staff and may	5034
enter into any necessary agreements.	5035

(D) Except as otherwise provided by law, nothing in this	5036
section shall be construed to give the director of public safety	5037
or the executive director of the division of homeland security	5038
authority over the incident management structure or	5039
responsibilities of local emergency response personnel.	5040

(E) There is hereby created in the state treasury the	5041
homeland security fund. The fund shall consist of sixty cents of	5042
each fee collected under sections 4501.34, 4503.26, 4506.08, and	5043
4509.05 of the Revised Code as specified in those sections, plus	5044
on and after October 1, 2009, sixty cents of each fee collected	5045
under sections 4505.14 and 4519.63 of the Revised Code as	5046
specified in those sections. The fund shall be used to pay the	5047
expenses of administering the law relative to the powers and	5048
duties of the executive director of the division of homeland	5049
security, except that the director of budget and management may	5050
transfer excess money from the homeland security fund to the state	5051
highway safety fund if the director of public safety determines	5052
that the amount of money in the homeland security fund exceeds the	5053
amount required to cover such costs incurred by the division of	5054
homeland security and requests the director of budget and	5055
management to make the transfer.	5056

Sec. 5703.052. (A) There is hereby created in the state	5057
treasury the tax refund fund, from which refunds shall be paid for	5058
taxes illegally or erroneously assessed or collected, or for any	5059
other reason overpaid, that are levied by Chapter 4301., 4305.,	5060
5728., 5729., 5733., 5735., 5739., 5741., 5743., 5747., 5748.,	5061
5749., or 5751., or 5753. and sections 3737.71, 3905.35, 3905.36,	5062
4303.33, 5707.03, 5725.18, 5727.28, 5727.38, 5727.81, and 5727.811	5063
of the Revised Code. Refunds for fees illegally or erroneously	5064
assessed or collected, or for any other reason overpaid, that are	5065
levied by sections 3734.90 to 3734.9014 of the Revised Code also	5066
shall be paid from the fund. Refunds for amounts illegally or	5067
erroneously assessed or collected by the tax commissioner, or for	5068
any other reason overpaid, that are due under section 1509.50 of	5069
the Revised Code shall be paid from the fund. However, refunds for	5070
taxes levied under section 5739.101 of the Revised Code shall not	5071
be paid from the tax refund fund, but shall be paid as provided in	5072
section 5739.104 of the Revised Code.	5073

(B)(1) Upon certification by the tax commissioner to the	5074
treasurer of state of a tax refund, a fee refund, or an other	5075
amount refunded, or by the superintendent of insurance of a	5076
domestic or foreign insurance tax refund, the treasurer of state	5077
shall place the amount certified to the credit of the fund. The	5078
certified amount transferred shall be derived from current	5079
receipts of the same tax, fee, or other amount from which the	5080
refund arose. If current receipts from the tax, fee, or other	5081
amount from which the refund arose are inadequate to make the	5082
transfer of the amount so certified, the treasurer of state shall	5083
transfer such certified amount from current receipts of the sales	5084
tax levied by section 5739.02 of the Revised Code.	5085

(2) When the treasurer of state provides for the payment of a	5086
refund of a tax, fee, or other amount from the current receipts of	5087
the sales tax, and the refund is for a tax, fee, or other amount	5088
that is not levied by the state, the tax commissioner shall	5089
recover the amount of that refund from the next distribution of	5090
that tax, fee, or other amount that otherwise would be made to the	5091
taxing jurisdiction. If the amount to be recovered would exceed	5092
twenty-five per cent of the next distribution of that tax, fee, or	5093
other amount, the commissioner may spread the recovery over more	5094
than one future distribution, taking into account the amount to be	5095
recovered and the amount of the anticipated future distributions.	5096
In no event may the commissioner spread the recovery over a period	5097
to exceed twenty-four months.	5098

Sec. 5703.19. (A) To carry out the purposes of the laws that	5099
the tax commissioner is required to administer, the commissioner	5100
or any person employed by the commissioner for that purpose, upon	5101
demand, may inspect books, accounts, records, and memoranda of any	5102
person or public utility subject to those laws, and may examine	5103
under oath any officer, agent, or employee of that person or	5104
public utility. Any person other than the commissioner who makes a	5105
demand pursuant to this section shall produce the person's	5106
authority to make the inspection.	5107

(B) If a person or public utility receives at least ten days'	5108
written notice of a demand made under division (A) of this section	5109
and refuses to comply with that demand, a penalty of five hundred	5110
dollars shall be imposed upon the person or public utility for	5111
each day the person or public utility refuses to comply with the	5112
demand. Penalties imposed under this division may be assessed and	5113
collected in the same manner as assessments made under Chapter	5114
3769., 4305., 5727., 5728., 5733., 5735., 5739., 5743., 5745.,	5115
5747., 5749., or 5751., or 5753., or sections 3734.90 to	5116
3734.9014, of the Revised Code.	5117

Sec. 5703.21. (A) Except as provided in divisions (B) and	5118
(C) of this section, no agent of the department of taxation,	5119
except in the agent's report to the department or when called on	5120
to testify in any court or proceeding, shall divulge any	5121
information acquired by the agent as to the transactions,	5122
property, or business of any person while acting or claiming to	5123
act under orders of the department. Whoever violates this	5124
provision shall thereafter be disqualified from acting as an	5125
officer or employee or in any other capacity under appointment or	5126
employment of the department.	5127

(B)(1) For purposes of an audit pursuant to section 117.15 of	5128
the Revised Code, or an audit of the department pursuant to	5129
Chapter 117. of the Revised Code, or an audit, pursuant to that	5130
chapter, the objective of which is to express an opinion on a	5131
financial report or statement prepared or issued pursuant to	5132
division (A)(7) or (9) of section 126.21 of the Revised Code, the	5133
officers and employees of the auditor of state charged with	5134
conducting the audit shall have access to and the right to examine	5135
any state tax returns and state tax return information in the	5136
possession of the department to the extent that the access and	5137
examination are necessary for purposes of the audit. Any	5138
information acquired as the result of that access and examination	5139
shall not be divulged for any purpose other than as required for	5140
the audit or unless the officers and employees are required to	5141
testify in a court or proceeding under compulsion of legal	5142
process. Whoever violates this provision shall thereafter be	5143
disqualified from acting as an officer or employee or in any other	5144
capacity under appointment or employment of the auditor of state.	5145

(2) For purposes of an internal audit pursuant to section	5146
126.45 of the Revised Code, the officers and employees of the	5147
office of internal auditing in the office of budget and management	5148
charged with conducting the internal audit shall have access to	5149
and the right to examine any state tax returns and state tax	5150
return information in the possession of the department to the	5151
extent that the access and examination are necessary for purposes	5152
of the internal audit. Any information acquired as the result of	5153
that access and examination shall not be divulged for any purpose	5154
other than as required for the internal audit or unless the	5155
officers and employees are required to testify in a court or	5156
proceeding under compulsion of legal process. Whoever violates	5157
this provision shall thereafter be disqualified from acting as an	5158
officer or employee or in any other capacity under appointment or	5159
employment of the office of internal auditing.	5160

(3) As provided by section 6103(d)(2) of the Internal Revenue	5161
Code, any federal tax returns or federal tax information that the	5162
department has acquired from the internal revenue service, through	5163
federal and state statutory authority, may be disclosed to the	5164
auditor of state or the office of internal auditing solely for	5165
purposes of an audit of the department.	5166

(4) For purposes of Chapter 3739. of the Revised Code, an	5167
agent of the department of taxation may share information with the	5168
division of state fire marshal that the agent finds during the	5169
course of an investigation.	5170

(C) Division (A) of this section does not prohibit any of the	5171
following:	5172

(1) Divulging information contained in applications,	5173
complaints, and related documents filed with the department under	5174
section 5715.27 of the Revised Code or in applications filed with	5175
the department under section 5715.39 of the Revised Code;	5176

(2) Providing information to the office of child support	5177
within the department of job and family services pursuant to	5178
section 3125.43 of the Revised Code;	5179

(3) Disclosing to the board of motor vehicle collision repair	5180
registration any information in the possession of the department	5181
that is necessary for the board to verify the existence of an	5182
applicant's valid vendor's license and current state tax	5183
identification number under section 4775.07 of the Revised Code;	5184

(4) Providing information to the administrator of workers'	5185
compensation pursuant to sections 4123.271 and 4123.591 of the	5186
Revised Code;	5187

(5) Providing to the attorney general information the	5188
department obtains under division (J) of section 1346.01 of the	5189
Revised Code;	5190

(6) Permitting properly authorized officers, employees, or	5191
agents of a municipal corporation from inspecting reports or	5192
information pursuant to rules adopted under section 5745.16 of the	5193
Revised Code;	5194

(7) Providing information regarding the name, account number,	5195
or business address of a holder of a vendor's license issued	5196
pursuant to section 5739.17 of the Revised Code, a holder of a	5197
direct payment permit issued pursuant to section 5739.031 of the	5198
Revised Code, or a seller having a use tax account maintained	5199
pursuant to section 5741.17 of the Revised Code, or information	5200
regarding the active or inactive status of a vendor's license,	5201
direct payment permit, or seller's use tax account;	5202

(8) Releasing invoices or invoice information furnished under	5203
section 4301.433 of the Revised Code pursuant to that section;	5204

(9) Providing to a county auditor notices or documents	5205
concerning or affecting the taxable value of property in the	5206
county auditor's county. Unless authorized by law to disclose	5207
documents so provided, the county auditor shall not disclose such	5208
documents;	5209

(10) Providing to a county auditor sales or use tax return or	5210
audit information under section 333.06 of the Revised Code;	5211

(11) Subject to section 4301.441 of the Revised Code,	5212
disclosing to the appropriate state agency information in the	5213
possession of the department of taxation that is necessary to	5214
verify a permit holder's gallonage or noncompliance with taxes	5215
levied under Chapter 4301. or 4305. of the Revised Code;	5216

(12) Disclosing to the department of natural resources	5217
information in the possession of the department that is necessary	5218
to verify the taxpayer's compliance with division (A)(1), (8), or	5219
(9) of section 5749.02 of the Revised Code and information	5220
received pursuant to section 1509.50 of the Revised Code	5221
concerning the amount due under that section;	5222

(13) Disclosing to the department of job and family services,	5223
industrial commission, and bureau of workers' compensation	5224
information in the possession of the department of taxation solely	5225
for the purpose of identifying employers that misclassify	5226
employees as independent contractors or that fail to properly	5227
report and pay employer tax liabilities. The department of	5228
taxation shall disclose only such information that is necessary to	5229
verify employer compliance with law administered by those	5230
agencies.	5231

(14) Disclosing to the Ohio casino control commission	5232
information in the possession of the department of taxation that	5233
is necessary to verify a taxpayer's compliance with section	5234
5753.02 of the Revised Code and sections related thereto.	5235

Sec. 5703.70. (A) On the filing of an application for refund	5236
under section 3734.905, 4307.05, 4307.07, 5727.28, 5727.91,	5237
5728.061, 5733.12, 5735.122, 5735.13, 5735.14, 5735.141, 5735.142,	5238
5735.18, 5739.07, 5739.071, 5739.104, 5741.10, 5743.05, 5743.53,	5239
5749.08, or 5751.08, or 5753.06 of the Revised Code, or an	5240
application for compensation under section 5739.061 of the Revised	5241
Code, if the tax commissioner determines that the amount of the	5242
refund or compensation to which the applicant is entitled is less	5243
than the amount claimed in the application, the commissioner shall	5244
give the applicant written notice by ordinary mail of the amount.	5245
The notice shall be sent to the address shown on the application	5246
unless the applicant notifies the commissioner of a different	5247
address. The applicant shall have sixty days from the date the	5248
commissioner mails the notice to provide additional information to	5249
the commissioner or request a hearing, or both.	5250

(B) If the applicant neither requests a hearing nor provides	5251
additional information to the tax commissioner within the time	5252
prescribed by division (A) of this section, the commissioner shall	5253
take no further action, and the refund or compensation amount	5254
denied becomes final.	5255

(C)(1) If the applicant requests a hearing within the time	5256
prescribed by division (A) of this section, the tax commissioner	5257
shall assign a time and place for the hearing and notify the	5258
applicant of such time and place, but the commissioner may	5259
continue the hearing from time to time as necessary. After the	5260
hearing, the commissioner may make such adjustments to the refund	5261
or compensation as the commissioner finds proper, and shall issue	5262
a final determination thereon.	5263

(2) If the applicant does not request a hearing, but provides	5264
additional information, within the time prescribed by division (A)	5265
of this section, the commissioner shall review the information,	5266
make such adjustments to the refund or compensation as the	5267
commissioner finds proper, and issue a final determination	5268
thereon.	5269

(3) The commissioner shall serve a copy of the final	5270
determination made under division (C)(1) or (2) of this section on	5271
the applicant in the manner provided in section 5703.37 of the	5272
Revised Code, and the decision is final, subject to appeal under	5273
section 5717.02 of the Revised Code.	5274

(D) The tax commissioner shall certify to the director of	5275
budget and management and treasurer of state for payment from the	5276
tax refund fund created by section 5703.052 of the Revised Code,	5277
the amount of the refund to be refunded under division (B) or (C)	5278
of this section. The commissioner also shall certify to the	5279
director and treasurer of state for payment from the general	5280
revenue fund the amount of compensation to be paid under division	5281
(B) or (C) of this section.	5282

Sec. 5747.02. (A) For the purpose of providing revenue for	5283
the support of schools and local government functions, to provide	5284
relief to property taxpayers, to provide revenue for the general	5285
revenue fund, and to meet the expenses of administering the tax	5286
levied by this chapter, there is hereby levied on every	5287
individual, trust, and estate residing in or earning or receiving	5288
income in this state, on every individual, trust, and estate	5289
earning or receiving lottery winnings, prizes, or awards pursuant	5290
to Chapter 3770. of the Revised Code, on every individual, trust,	5291
and estate earning or receiving winnings on casino gaming, and on	5292
every individual, trust, and estate otherwise having nexus with or	5293
in this state under the Constitution of the United States, an	5294
annual tax measured in the case of individuals by Ohio adjusted	5295
gross income less an exemption for the taxpayer, the taxpayer's	5296
spouse, and each dependent as provided in section 5747.025 of the	5297
Revised Code; measured in the case of trusts by modified Ohio	5298
taxable income under division (D) of this section; and measured in	5299
the case of estates by Ohio taxable income. The tax imposed by	5300
this section on the balance thus obtained is hereby levied as	5301
follows:	5302

(1) For taxable years beginning in 2004:

5303

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		5304
OR		5305
MODIFIED OHIO		5306
TAXABLE INCOME (TRUSTS)		5307
OR		5308
OHIO TAXABLE INCOME (ESTATES)	TAX	5309

$5,000 or less	.743%	5310
More than $5,000 but not more than $10,000	$37.15 plus 1.486% of the amount in excess of $5,000	5311
More than $10,000 but not more than $15,000	$111.45 plus 2.972% of the amount in excess of $10,000	5312
More than $15,000 but not more than $20,000	$260.05 plus 3.715% of the amount in excess of $15,000	5313
More than $20,000 but not more than $40,000	$445.80 plus 4.457% of the amount in excess of $20,000	5314
More than $40,000 but not more than $80,000	$1,337.20 plus 5.201% of the amount in excess of $40,000	5315
More than $80,000 but not more than $100,000	$3,417.60 plus 5.943% of the amount in excess of $80,000	5316
More than $100,000 but not more than $200,000	$4,606.20 plus 6.9% of the amount in excess of $100,000	5317
More than $200,000	$11,506.20 plus 7.5% of the amount in excess of $200,000	5318

(2) For taxable years beginning in 2005:

5319

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		5320
OR		5321
MODIFIED OHIO		5322
TAXABLE INCOME (TRUSTS)		5323
OR		5324
OHIO TAXABLE INCOME (ESTATES)	TAX	5325

$5,000 or less	.712%	5326
More than $5,000 but not more than $10,000	$35.60 plus 1.424% of the amount in excess of $5,000	5327
More than $10,000 but not more than $15,000	$106.80 plus 2.847% of the amount in excess of $10,000	5328
More than $15,000 but not more than $20,000	$249.15 plus 3.559% of the amount in excess of $15,000	5329
More than $20,000 but not more than $40,000	$427.10 plus 4.27% of the amount in excess of $20,000	5330
More than $40,000 but not more than $80,000	$1,281.10 plus 4.983% of the amount in excess of $40,000	5331
More than $80,000 but not more than $100,000	$3,274.30 plus 5.693% of the amount in excess of $80,000	5332
More than $100,000 but not more than $200,000	$4,412.90 plus 6.61% of the amount in excess of $100,000	5333
More than $200,000	$11,022.90 plus 7.185% of the amount in excess of $200,000	5334

(3) For taxable years beginning in 2006:

5335

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		5336
OR		5337
MODIFIED OHIO		5338
TAXABLE INCOME (TRUSTS)		5339
OR		5340
OHIO TAXABLE INCOME (ESTATES)	TAX	5341

$5,000 or less	.681%	5342
More than $5,000 but not more than $10,000	$34.05 plus 1.361% of the amount in excess of $5,000	5343
More than $10,000 but not more than $15,000	$102.10 plus 2.722% of the amount in excess of $10,000	5344
More than $15,000 but not more than $20,000	$238.20 plus 3.403% of the amount in excess of $15,000	5345
More than $20,000 but not more than $40,000	$408.35 plus 4.083% of the amount in excess of $20,000	5346
More than $40,000 but not more than $80,000	$1,224.95 plus 4.764% of the amount in excess of $40,000	5347
More than $80,000 but not more than $100,000	$3,130.55 plus 5.444% of the amount in excess of $80,000	5348
More than $100,000 but not more than $200,000	$4,219.35 plus 6.32% of the amount in excess of $100,000	5349
More than $200,000	$10,539.35 plus 6.87% of the amount in excess of $200,000	5350

(4) For taxable years beginning in 2007:

5351

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		5352
OR		5353
MODIFIED OHIO		5354
TAXABLE INCOME (TRUSTS)		5355
OR		5356
OHIO TAXABLE INCOME (ESTATES)	TAX	5357

$5,000 or less	.649%	5358
More than $5,000 but not more than $10,000	$32.45 plus 1.299% of the amount in excess of $5,000	5359
More than $10,000 but not more than $15,000	$97.40 plus 2.598% of the amount in excess of $10,000	5360
More than $15,000 but not more than $20,000	$227.30 plus 3.247% of the amount in excess of $15,000	5361
More than $20,000 but not more than $40,000	$389.65 plus 3.895% of the amount in excess of $20,000	5362
More than $40,000 but not more than $80,000	$1,168.65 plus 4.546% of the amount in excess of $40,000	5363
More than $80,000 but not more than $100,000	$2,987.05 plus 5.194% of the amount in excess of $80,000	5364
More than $100,000 but not more than $200,000	$4,025.85 plus 6.031% of the amount in excess of $100,000	5365
More than $200,000	$10,056.85 plus 6.555% of the amount in excess of $200,000	5366

(5) For taxable years beginning in 2008, 2009, or 2010:

5367

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		5368
OR		5369
MODIFIED OHIO		5370
TAXABLE INCOME (TRUSTS)		5371
OR		5372
OHIO TAXABLE INCOME (ESTATES)	TAX	5373

$5,000 or less	.618%	5374
More than $5,000 but not more than $10,000	$30.90 plus 1.236% of the amount in excess of $5,000	5375
More than $10,000 but not more than $15,000	$92.70 plus 2.473% of the amount in excess of $10,000	5376
More than $15,000 but not more than $20,000	$216.35 plus 3.091% of the amount in excess of $15,000	5377
More than $20,000 but not more than $40,000	$370.90 plus 3.708% of the amount in excess of $20,000	5378
More than $40,000 but not more than $80,000	$1,112.50 plus 4.327% of the amount in excess of $40,000	5379
More than $80,000 but not more than $100,000	$2,843.30 plus 4.945% of the amount in excess of $80,000	5380
More than $100,000 but not more than $200,000	$3,832.30 plus 5.741% of the amount in excess of $100,000	5381
More than $200,000	$9,573.30 plus 6.24% of the amount in excess of $200,000	5382

(6) For taxable years beginning in 2011 or thereafter:

5383

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		5384
OR		5385
MODIFIED OHIO		5386
TAXABLE INCOME (TRUSTS)		5387
OR		5388
OHIO TAXABLE INCOME (ESTATES)	TAX	5389

$5,000 or less	.587%	5390
More than $5,000 but not more than $10,000	$29.35 plus 1.174% of the amount in excess of $5,000	5391
More than $10,000 but not more than $15,000	$88.05 plus 2.348% of the amount in excess of $10,000	5392
More than $15,000 but not more than $20,000	$205.45 plus 2.935% of the amount in excess of $15,000	5393
More than $20,000 but not more than $40,000	$352.20 plus 3.521% of the amount in excess of $20,000	5394
More than $40,000 but not more than $80,000	$1,056.40 plus 4.109% of the amount in excess of $40,000	5395
More than $80,000 but not more than $100,000	$2,700.00 plus 4.695% of the amount in excess of $80,000	5396
More than $100,000 but not more than $200,000	$3,639.00 plus 5.451% of the amount in excess of $100,000	5397
More than $200,000	$9,090.00 plus 5.925% of the amount in excess of $200,000	5398

In July of each year, beginning in 2010, the tax commissioner	5399
shall adjust the income amounts prescribed in this division by	5400
multiplying the percentage increase in the gross domestic product	5401
deflator computed that year under section 5747.025 of the Revised	5402
Code by each of the income amounts resulting from the adjustment	5403
under this division in the preceding year, adding the resulting	5404
product to the corresponding income amount resulting from the	5405
adjustment in the preceding year, and rounding the resulting sum	5406
to the nearest multiple of fifty dollars. The tax commissioner	5407
also shall recompute each of the tax dollar amounts to the extent	5408
necessary to reflect the adjustment of the income amounts. The	5409
rates of taxation shall not be adjusted.	5410

The adjusted amounts apply to taxable years beginning in the	5411
calendar year in which the adjustments are made. The tax	5412
commissioner shall not make such adjustments in any year in which	5413
the amount resulting from the adjustment would be less than the	5414
amount resulting from the adjustment in the preceding year.	5415

(B) If the director of budget and management makes a	5416
certification to the tax commissioner under division (B) of	5417
section 131.44 of the Revised Code, the amount of tax as	5418
determined under division (A) of this section shall be reduced by	5419
the percentage prescribed in that certification for taxable years	5420
beginning in the calendar year in which that certification is	5421
made.	5422

(C) The levy of this tax on income does not prevent a	5423
municipal corporation, a joint economic development zone created	5424
under section 715.691, or a joint economic development district	5425
created under section 715.70 or 715.71 or sections 715.72 to	5426
715.81 of the Revised Code from levying a tax on income.	5427

(D) This division applies only to taxable years of a trust	5428
beginning in 2002 or thereafter.	5429

(1) The tax imposed by this section on a trust shall be	5430
computed by multiplying the Ohio modified taxable income of the	5431
trust by the rates prescribed by division (A) of this section.	5432

(2) A nonresident trust may claim a credit against the tax	5433
computed under division (D) of this section equal to the lesser of	5434
(1) the tax paid to another state or the District of Columbia on	5435
the nonresident trust's modified nonbusiness income, other than	5436
the portion of the nonresident trust's nonbusiness income that is	5437
qualifying investment income as defined in section 5747.012 of the	5438
Revised Code, or (2) the effective tax rate, based on modified	5439
Ohio taxable income, multiplied by the nonresident trust's	5440
modified nonbusiness income other than the portion of the	5441
nonresident trust's nonbusiness income that is qualifying	5442
investment income. The credit applies before any other applicable	5443
credits.	5444

(3) The credits enumerated in divisions (A)(1) to (13) of	5445
section 5747.98 of the Revised Code do not apply to a trust	5446
subject to division (D) of this section. Any credits enumerated in	5447
other divisions of section 5747.98 of the Revised Code apply to a	5448
trust subject to division (D) of this section. To the extent that	5449
the trust distributes income for the taxable year for which a	5450
credit is available to the trust, the credit shall be shared by	5451
the trust and its beneficiaries. The tax commissioner and the	5452
trust shall be guided by applicable regulations of the United	5453
States treasury regarding the sharing of credits.	5454

(E) For the purposes of this section, "trust" means any trust	5455
described in Subchapter J of Chapter 1 of the Internal Revenue	5456
Code, excluding trusts that are not irrevocable as defined in	5457
division (I)(3)(b) of section 5747.01 of the Revised Code and that	5458
have no modified Ohio taxable income for the taxable year,	5459
charitable remainder trusts, qualified funeral trusts and preneed	5460
funeral contract trusts established pursuant to sections 4717.31	5461
to 4717.38 of the Revised Code that are not qualified funeral	5462
trusts, endowment and perpetual care trusts, qualified settlement	5463
trusts and funds, designated settlement trusts and funds, and	5464
trusts exempted from taxation under section 501(a) of the Internal	5465
Revenue Code.	5466

Sec. 5753.01. As used in this chapter:

5467

(A) "Casino facility" has the same meaning as in section	5468
3772.01 of the Revised Code.	5469

(B) "Casino gaming" has the same meaning as in section	5470
3772.01 of the Revised Code.	5471

(C) "Casino operator" has the same meaning as in section	5472
3772.01 of the Revised Code.	5473

(D) "Gross casino revenue" means the total amount of money	5474
exchanged for the purchase of chips, tokens, tickets, electronic	5475
cards, or similar objects by casino patrons, less winnings paid to	5476
wagerers.	5477

(E) "Person" has the same meaning as in section 3772.01 of	5478
the Revised Code.	5479

(F) "Slot machine" has the same meaning as in section 3772.01	5480
of the Revised Code.	5481

(G) "Table game" has the same meaning as in section 3772.01	5482
of the Revised Code.	5483

(H) "Tax period" means, as the case may be, either (1) the	5484
day before a return is filed or (2) the days beginning with the	5485
day on which the previous return was filed through the day before	5486
the day on which the current return is filed.	5487

Sec. 5753.02. For the purpose of funding the needs of	5488
cities, counties, public school districts, law enforcement, and	5489
the horse racing industry; funding efforts to alleviate problem	5490
gambling and substance abuse; defraying Ohio casino control	5491
commission operating costs; and defraying the costs of	5492
administering the tax, a tax is levied on the gross casino revenue	5493
received by a casino operator of a casino facility at the rate of	5494
thirty-three per cent of the casino operator's gross casino	5495
revenue at the casino facility. The tax is in addition to any	5496
other taxes or fees imposed under the Revised Code or other law	5497
and for which the casino operator is liable under Section 6(C)(2)	5498
of Article XV, Ohio Constitution.	5499

Sec. 5753.03. (A) For the purpose of receiving and	5500
distributing, and accounting for, revenue received from the tax	5501
levied by section 5753.02 of the Revised Code, the following funds	5502
are created in the state treasury:	5503

(1) The casino tax revenue fund;

5504

(2) The gross casino revenue county fund;

5505

(3) The gross casino revenue county student fund;

5506

(4) The gross casino revenue host city fund;

5507

(5) The Ohio state racing commission fund;

5508

(6) The Ohio law enforcement training fund;

5509

(7) The problem casino gambling and addictions fund;

5510

(8) The casino control commission fund;

5511

(9) The casino tax administration fund.

5512

(B) The treasurer of state shall credit all moneys collected	5513
from the tax levied under this chapter to the casino tax revenue	5514
fund.	5515

(C) From the casino tax revenue fund the treasurer of state	5516
shall transfer as needed to the tax refund fund amounts equal to	5517
the refunds certified by the tax commissioner under section	5518
5753.06 of the Revised Code.	5519

(D) After making any transfers required by division (C) of	5520
this section, but not later than the fifteenth day of each	5521
calendar month, the treasurer of state shall transfer the balance	5522
of the casino tax revenue fund as it existed at the close of	5523
business on the last day of the preceding month into funds as	5524
follows:	5525

(1) Fifty-one per cent to the gross casino revenue county	5526
fund to make payments to all eighty-eight counties in proportion	5527
to each county's respective population;	5528

(2) Thirty-four per cent to the gross casino revenue county	5529
student fund to make payments to all eighty-eight counties in	5530
proportion to each county's public school district student	5531
population;	5532

(3) Five per cent to the gross casino revenue host city fund	5533
for the benefit of the cities in which casino facilities are	5534
located;	5535

(4) Three per cent to the Ohio state racing commission fund	5536
to support horse racing in this state at which the pari-mutuel	5537
system of wagering is conducted;	5538

(5) Two per cent to the Ohio law enforcement training fund to	5539
support law enforcement functions in the state;	5540

(6) Two per cent to the Ohio problem gambling and substance	5541
abuse fund to support efforts to alleviate problem gambling and	5542
substance abuse in the state;	5543

(7) Three per cent to the casino control commission fund to	5544
support the operations of the Ohio casino control commission and	5545
to defray the cost of administering the tax levied under section	5546
5753.02 of the Revised Code.	5547

The treasurer of state shall make payments to counties under	5548
divisions (D)(1) and (2) of this section using annualized data	5549
possessed by the tax commissioner. The tax commissioner shall make	5550
the data available to the treasurer of state for this purpose.	5551

Revenues credited under division (D)(2) of this section shall	5552
be paid over to the public school districts located in whole or in	5553
part in the county.	5554

Of the money credited to the law enforcement training fund,	5555
the treasurer of state shall distribute eighty-five per cent of	5556
the money to the Ohio peace officer training academy and fifteen	5557
per cent of the money to the division of criminal justice	5558
services.	5559

(E) The treasurer of state shall transfer one per cent of the	5560
money credited to the casino control commission fund to the casino	5561
tax administration fund. The tax commissioner shall use the casino	5562
tax administration fund to defray the costs incurred in	5563
administering the tax levied by section 5753.02 of the Revised	5564
Code.	5565

Sec. 5753.04. Daily each day banks are open for business,	5566
not later than noon, a casino operator shall file a return	5567
electronically with the tax commissioner. The return shall be in	5568
the form required by the tax commissioner, and shall reflect the	5569
relevant tax period. The return shall include, but is not limited	5570
to, the amount of the casino operator's gross casino revenue for	5571
the tax period and the amount of tax due under section 5753.02 of	5572
the Revised Code for the tax period. The casino operator shall	5573
remit electronically with the return the tax due.	5574

If the casino operator ceases to be a taxpayer at any time,	5575
the casino operator shall indicate the last date for which the	5576
casino operator was liable for the tax. The return shall include a	5577
space for this purpose.	5578

Sec. 5753.05. (A)(1) A casino operator who fails to file a	5579
return or to remit the tax due as required by section 5753.04 of	5580
the Revised Code shall pay a penalty equal to the greater of five	5581
hundred dollars or ten per cent of the tax due.	5582

(2) If the tax commissioner finds additional tax to be due,	5583
the tax commissioner may impose an additional penalty of up to	5584
fifteen per cent of the additional excise tax found to be due. A	5585
delinquent payment of tax made as the result of a notice or an	5586
audit is subject to the additional penalty imposed by this	5587
division.	5588

(3) If a casino operator fails to file a return	5589
electronically or to remit the tax electronically, the tax	5590
commissioner may impose an additional penalty of fifty dollars or	5591
ten per cent of the tax due as shown on the return, whichever is	5592
greater.	5593

(B) If the tax due under section 5753.02 of the Revised Code	5594
is not timely paid, the casino operator shall pay interest at the	5595
rate per annum prescribed in section 5703.47 of the Revised Code	5596
beginning on the day the tax was due through the day the tax is	5597
paid or an assessment is issued, whichever occurs first.	5598

(C) The tax commissioner shall collect any penalty or	5599
interest as if it were the tax levied by section 5753.02 of the	5600
Revised Code. Penalties and interest shall be treated as if they	5601
were revenue arising from the tax levied by section 5753.02 of the	5602
Revised Code.	5603

(D) The tax commissioner may abate all or a portion of any	5604
penalty imposed under this section and may adopt rules governing	5605
abatements.	5606

(E) If a casino operator fails to file a return or remit the	5607
tax due as required by section 5753.04 of the Revised Code within	5608
a period of one year after the due date for filing the return or	5609
remitting the tax, the Ohio casino control commission may suspend	5610
the casino operator's license.	5611

Sec. 5753.06. (A) A casino operator may apply to the tax	5612
commissioner for refund of the amount of taxes under section	5613
5753.02 of the Revised Code that were overpaid, paid illegally or	5614
erroneously, or paid on an illegal or erroneous assessment. The	5615
application shall be on a form prescribed by the tax commissioner.	5616
The casino operator shall provide the amount of the requested	5617
refund along with the claimed reasons for, and documentation to	5618
support, the issuance of a refund. The casino operator shall file	5619
the application with the tax commissioner within four years after	5620
the date the payment was made, unless the applicant has waived the	5621
time limitation under division (D) of section 5753.07 of the	5622
Revised Code. In the latter event, the four-year limitation is	5623
extended for the same period of time as the waiver.	5624

(B) Upon the filing of a refund application, the tax	5625
commissioner shall determine the amount of refund to which the	5626
applicant is entitled. If the amount is not less than that	5627
claimed, the tax commissioner shall certify the amount to the	5628
director of budget and management and treasurer of state for	5629
payment from the tax refund fund. If the amount is less than that	5630
claimed, the tax commissioner shall proceed under section 5703.70	5631
of the Revised Code.	5632

(C) Interest on a refund applied for under this section,	5633
computed at the rate provided for in section 5703.47 of the	5634
Revised Code, shall be allowed from the later of the date the tax	5635
was due or the date payment of the tax was made. Except as	5636
provided in section 5753.07 of the Revised Code, the tax	5637
commissioner may, with the consent of the casino operator, provide	5638
for crediting against the tax due for a tax period, the amount of	5639
any refund due the casino operator for a preceding tax period.	5640

(D) Refunds under this section are subject to offset under	5641
section 5753.061 of the Revised Code.	5642

Sec. 5753.061. As used in this section, "debt to the state"	5643
means unpaid taxes that are due the state, unpaid workers'	5644
compensation premiums that are due, unpaid unemployment	5645
compensation contributions that are due, unpaid unemployment	5646
compensation payments in lieu of contributions that are due,	5647
unpaid fees payable to the state or to the clerk of courts under	5648
section 4505.06 of the Revised Code, incorrect medical assistance	5649
payments, or any unpaid charge, penalty, or interest arising from	5650
any of the foregoing. A debt to the state is not a "debt to the	5651
state" as used in this section unless the liability underlying the	5652
debt to the state has become incontestable because the time for	5653
appealing, reconsidering, reassessing, or otherwise questioning	5654
the liability has expired or the liability has been finally	5655
determined to be valid.	5656

If a casino operator who is entitled to a refund under	5657
section 5753.06 of the Revised Code owes a debt to the state, the	5658
amount refundable may be applied in satisfaction of the debt to	5659
the state. If the amount refundable is less than the amount of the	5660
debt to the state, the amount refundable may be applied in partial	5661
satisfaction of the debt. If the amount refundable is greater than	5662
the amount of the debt, the amount refundable remaining after	5663
satisfaction of the debt shall be refunded to the casino operator.	5664

Sec. 5753.07. (A)(1) The tax commissioner may issue an	5665
assessment, based on any information in the tax commissioner's	5666
possession, against a casino operator who fails to pay the tax	5667
levied under section 5753.02 of the Revised Code or to file a	5668
return under section 5753.04 of the Revised Code. The tax	5669
commissioner shall give the casino operator written notice of the	5670
assessment under section 5703.37 of the Revised Code. With the	5671
notice, the tax commissioner shall include instructions on how to	5672
petition for reassessment and on how to request a hearing with	5673
respect to the petition.	5674

(2) Unless the casino operator, within sixty days after	5675
service of the notice of assessment, files with the tax	5676
commissioner, either personally or by certified mail, a written	5677
petition signed by the casino operator, or by the casino	5678
operator's authorized agent who has knowledge of the facts, the	5679
assessment becomes final, and the amount of the assessment is due	5680
and payable from the casino operator to the treasurer of state.	5681
The petition shall indicate the casino operator's objections to	5682
the assessment. Additional objections may be raised in writing if	5683
they are received by the tax commissioner before the date shown on	5684
the final determination.	5685

(3) If a petition for reassessment has been properly filed,	5686
the tax commissioner shall proceed under section 5703.60 of the	5687
Revised Code.	5688

(4) After an assessment becomes final, if any portion of the	5689
assessment, including penalties and accrued interest, remains	5690
unpaid, the tax commissioner may file a certified copy of the	5691
entry making the assessment final in the office of the clerk of	5692
the court of common pleas of Franklin county or in the office of	5693
the clerk of the court of common pleas of the county in which the	5694
casino operator resides, the casino operator's casino facility is	5695
located, or the casino operator's principal place of business in	5696
this state is located. Immediately upon the filing of the entry,	5697
the clerk shall enter a judgment for the state against the	5698
taxpayer assessed in the amount shown on the entry. The judgment	5699
may be filed by the clerk in a loose-leaf book entitled, "special	5700
judgments for the gross casino revenue tax." The judgment has the	5701
same effect as other judgments. Execution shall issue upon the	5702
judgment at the request of the tax commissioner, and all laws	5703
applicable to sales on execution apply to sales made under the	5704
judgment.	5705

(5) The portion of an assessment not paid within sixty days	5706
after the day the assessment was issued bears interest at the rate	5707
per annum prescribed by section 5703.47 of the Revised Code from	5708
the day the tax commissioner issued the assessment until the	5709
assessment is paid. Interest shall be paid in the same manner as	5710
the tax levied under section 5753.02 of the Revised Code and may	5711
be collected by the issuance of an assessment under this section.	5712

(B) If the tax commissioner believes that collection of the	5713
tax levied under section 5753.02 of the Revised Code will be	5714
jeopardized unless proceedings to collect or secure collection of	5715
the tax are instituted without delay, the commissioner may issue a	5716
jeopardy assessment against the casino operator who is liable for	5717
the tax. Immediately upon the issuance of a jeopardy assessment,	5718
the tax commissioner shall file an entry with the clerk of the	5719
court of common pleas in the manner prescribed by division (A)(4)	5720
of this section, and the clerk shall proceed as directed in that	5721
division. Notice of the jeopardy assessment shall be served on the	5722
casino operator or the casino operator's authorized agent under	5723
section 5703.37 of the Revised Code within five days after the	5724
filing of the entry with the clerk. The total amount assessed is	5725
immediately due and payable, unless the casino operator assessed	5726
files a petition for reassessment under division (A)(2) of this	5727
section and provides security in a form satisfactory to the tax	5728
commissioner that is in an amount sufficient to satisfy the unpaid	5729
balance of the assessment. If a petition for reassessment has been	5730
filed, and if satisfactory security has been provided, the tax	5731
commissioner shall proceed under division (A)(3) of this section.	5732
Full or partial payment of the assessment does not prejudice the	5733
tax commissioner's consideration of the petition for reassessment.	5734

(C) The tax commissioner shall immediately forward to the	5735
treasurer of state all amounts the tax commissioner receives under	5736
this section, and the amounts forwarded shall be treated as if	5737
they were revenue arising from the tax levied under section	5738
5753.02 of the Revised Code.	5739

(D) Except as otherwise provided in this division, no	5740
assessment shall be issued against a casino operator for the tax	5741
levied under section 5753.02 of the Revised Code more than four	5742
years after the due date for filing the return for the tax period	5743
for which the tax was reported, or more than four years after the	5744
return for the tax period was filed, whichever is later. This	5745
division does not bar an assessment against a casino operator who	5746
fails to file a return as required by section 5753.04 of the	5747
Revised Code or who files a fraudulent return, or when the casino	5748
operator and the tax commissioner waive in writing the time	5749
limitation.	5750

(E) If the tax commissioner possesses information that	5751
indicates that the amount of tax a casino operator is liable to	5752
pay under section 5753.02 of the Revised Code exceeds the amount	5753
the casino operator paid, the tax commissioner may audit a sample	5754
of the casino operator's gross casino revenue over a	5755
representative period of time to ascertain the amount of tax due,	5756
and may issue an assessment based on the audit. The tax	5757
commissioner shall make a good faith effort to reach agreement	5758
with the casino operator in selecting a representative sample. The	5759
tax commissioner may apply a sampling method only if the tax	5760
commissioner has prescribed the method by rule.	5761

(F) If the whereabouts of a casino operator who is liable for	5762
the tax levied under section 5753.02 of the Revised Code are	5763
unknown to the tax commissioner, the tax commissioner shall	5764
proceed under section 5703.37 of the Revised Code.	5765

(G) If a casino operator fails to pay the tax levied under	5766
section 5753.02 of the Revised Code within a period of one year	5767
after the due date for remitting the tax, the Ohio casino control	5768
commission may suspend the casino operator's license.	5769

Sec. 5753.08. If a casino operator who is liable for the tax	5770
levied under section 5753.02 of the Revised Code sells the casino	5771
facility, disposes of the casino facility in any manner other than	5772
in the regular course of business, or quits the casino gaming	5773
business, any tax owed by that person becomes immediately due and	5774
payable, and the person shall pay the tax due, including any	5775
applicable penalties and interest. The person's successor shall	5776
withhold a sufficient amount of the purchase money to cover the	5777
amounts due and unpaid until the predecessor produces a receipt	5778
from the tax commissioner showing that the amounts due have been	5779
paid or a certificate indicating that no taxes are due. If the	5780
successor fails to withhold purchase money, the successor is	5781
personally liable, up to the purchase money amount, for amounts	5782
that were unpaid during the operation of the business by the	5783
predecessor.	5784

Sec. 5753.09. The tax commissioner shall administer and	5785
enforce this chapter. In addition to any other powers conferred	5786
upon the tax commissioner by law, the tax commissioner may:	5787

(A) Prescribe all forms that are required to be filed under	5788
this chapter;	5789

(B) Adopt rules that are necessary and proper to carry out	5790
this chapter; and	5791

(C) Appoint professional, technical, and clerical employees	5792
as are necessary to carry out the tax commissioner's duties under	5793
this chapter.	5794

Sec. 5753.10. The tax commissioner may prescribe	5795
requirements for the keeping of records and pertinent documents,	5796
for the filing of copies of federal income tax returns and	5797
determinations, and for computations reconciling federal income	5798
tax returns with the return required by section 5753.04 of the	5799
Revised Code. The tax commissioner may require a casino operator,	5800
by rule or by notice served on the casino operator, to keep	5801
records and other documents that the tax commissioner considers	5802
necessary to show the extent to which the casino operator is	5803
subject to this chapter. The records and other documents shall be	5804
open to inspection by the tax commissioner on demand, and shall be	5805
preserved for a period of four years unless the tax commissioner,	5806
in writing, consents to their destruction within that period, or	5807
by order served on the casino operator requires that they be kept	5808
longer. If the records are normally kept electronically by the	5809
casino operator, the casino operator shall provide the records to	5810
the tax commissioner electronically at the tax commissioner's	5811
request.	5812

Any information required by the tax commissioner under this	5813
section is confidential under section 5703.21 of the Revised Code.	5814

Section 2. That existing sections 101.70, 102.02, 102.03,	5815
109.572, 109.71, 109.77, 109.79, 121.60, 126.45, 1705.48, 3793.02,	5816
4301.355, 4301.62, 4303.181, 4303.182, 4303.30, 5502.03, 5703.052,	5817
5703.19, 5703.21, 5703.70, and 5747.02 of the Revised Code are	5818
hereby repealed.	5819

Section 3. The first return filed under section 5753.04 of	5820
the Revised Code shall reflect the tax period consisting of or	5821
beginning on the day on which operations of the casino facility	5822
commence.	5823

Section 4. The General Assembly, applying the principle	5824
stated in division (B) of section 1.52 of the Revised Code that	5825
amendments are to be harmonized if reasonably capable of	5826
simultaneous operation, finds that the following sections,	5827
presented in this act as composites of the sections as amended by	5828
the acts indicated, are the resulting versions of the sections in	5829
effect before the effective date of the sections as presented in	5830
this act:	5831

Section 109.572 of the Revised Code as amended by both Am.	5832
Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	5833

Section 109.77 of the Revised Code as amended by both Am.	5834
Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	5835

Section 4301.62 of the Revised Code as amended by both Am.	5836
Sub. H.B. 562 and Sub. S.B. 150 of the 127th General Assembly.	5837