As Passed by the House

129th General Assembly
Regular Session
2011-2012
Am. H. B. No. 277


Representatives Blessing, Gerberry 

Cosponsors: Representatives Boyd, Buchy, Driehaus, Hackett, Hagan, R., Henne, Letson, Mallory, Mecklenborg, O'Brien, Ruhl, Sykes, Uecker, Winburn, Yuko 



A BILL
To permit a horse-racing permit holder who is 1
eligible to become a video lottery sales agent to 2
apply to the State Racing Commission to move its 3
track to another location.4


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

       Section 1.  (A) Notwithstanding sections 3769.04 and 3769.13 5
of the Revised Code, for a period of two years after the effective 6
date of this section, a permit holder who is eligible to become a 7
video lottery sales agent may apply to the State Racing Commission 8
to move its track to another location using the following approval 9
procedure:10

       (1) The permit holder shall submit, for the consideration of 11
the State Racing Commission in its determination on whether to 12
approve the transfer, its proposal to the State Racing Commission 13
and shall specify the location of the new track and the 14
incremental economic benefits the permit holder is willing to 15
provide to the state.16

       (2) The State Racing Commission shall approve or deny the 17
transfer.18

       (3) The permit holder may apply to the State Lottery 19
Commission for a video lottery sales agent license at the new 20
track location.21

       (B) The State Racing Commission shall give preference to 22
transfer proposals involving moves to locations in which neither 23
horse-racing meetings nor casino gaming have been authorized 24
before July 1, 2011. A permit holder that is authorized to 25
transfer its track under this section and that is a video lottery 26
sales agent may operate at a temporary facility at its new 27
location while constructing or otherwise preparing its new track 28
at that location.29

       (C) The state may discuss and negotiate with parties 30
regarding the transferring of racing permits to new track 31
locations and may, in its discretion, enter into agreements 32
regarding the transfer of permits to new locations in advance of 33
the process set forth in this section.34

       (D) A permit holder who is located on property owned by a 35
political subdivision and who is eligible to conduct video 36
lotteries at its existing track may move its track to a new 37
location in the immediate vicinity where the conducting of video 38
lotteries is lawful. Such a permit holder shall not be charged any 39
fee by or be required to provide any other incremental economic 40
benefits to the state in exchange for applying for a move, for 41
having its move approved, or for moving its existing track as 42
specified under this division.43

       (E) Chapter 2915. of the Revised Code does not apply to, 44
affect, or prohibit lotteries or video lotteries conducted under 45
this section and Chapter 3770. of the Revised Code.46

       (F) The State Racing Commission may promulgate rules to 47
effectuate this section and to establish fees for applicants under 48
this section.49

       (G) As used in this section:50

       (1) "Permit holder" means a person that has been authorized 51
by the State Racing Commission to conduct one or more horse-racing 52
meetings under Chapter 3769. of the Revised Code. 53

       (2) "Track" means any place, track, or enclosure where a 54
permit holder conducts live horse racing for profit at a racing 55
meeting. "Track" includes facilities or premises contiguous or 56
adjacent to those places, tracks, or enclosures. 57

       (3) "Video lottery sales agent" means a person who is a 58
permit holder and holds a current license issued by the State 59
Lottery Commission to assist the Commission in conducting video 60
lotteries through the use of video lottery terminals at a track.61