| Section 1. That sections 111.15, 122.014, 2923.31, | 15 |
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3301.0714, 3769.089, 3770.02, 3770.03, 3770.05, 3770.21, 3772.01, | 16 |
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3772.04, 3772.07, 3772.091, 3772.10, 3772.13, 3772.16, 3772.17, | 17 |
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3772.28, 3772.99, 5503.02, 5751.01, 5753.01, and 5753.03 be | 18 |
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amended and section 3770.22 of the Revised Code be enacted to read | 19 |
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as follows: | 20 |
| (1) "Rule" includes any rule, regulation, bylaw, or standard | 22 |
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having a general and uniform operation adopted by an agency under | 23 |
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the authority of the laws governing the agency; any appendix to a | 24 |
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rule; and any internal management rule. "Rule" does not include | 25 |
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any guideline adopted pursuant to section 3301.0714 of the Revised | 26 |
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Code, any order respecting the duties of employees, any finding, | 27 |
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any determination of a question of law or fact in a matter | 28 |
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presented to an agency, or any rule promulgated pursuant to | 29 |
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Chapter 119., section 4141.14, division (C)(1) or (2) of section | 30 |
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5117.02, or section 5703.14 of the Revised Code. "Rule" includes | 31 |
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any amendment or rescission of a rule. | 32 |
| (2) "Agency" means any governmental entity of the state and | 33 |
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includes, but is not limited to, any board, department, division, | 34 |
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commission, bureau, society, council, institution, state college | 35 |
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or university, community college district, technical college | 36 |
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district, or state community college. "Agency" does not include | 37 |
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the general assembly, the controlling board, the adjutant | 38 |
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general's department, or any court. | 39 |
| An agency that adopts or amends a rule that is subject to | 57 |
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division (D) of this section shall assign a review date to the | 58 |
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rule that is not later than five years after its effective date. | 59 |
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If no review date is assigned to a rule, or if a review date | 60 |
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assigned to a rule exceeds the five-year maximum, the review date | 61 |
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for the rule is five years after its effective date. A rule with a | 62 |
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review date is subject to review under section 119.032 of the | 63 |
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Revised Code. This paragraph does not apply to a rule of a state | 64 |
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college or university, community college district, technical | 65 |
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college district, or state community college. | 66 |
| (2) A rule of an emergency nature necessary for the immediate | 81 |
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preservation of the public peace, health, or safety shall state | 82 |
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the reasons for the necessity. The emergency rule, in final form | 83 |
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and in compliance with division (B)(3) of this section, shall be | 84 |
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filed in electronic form with the secretary of state, the director | 85 |
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of the legislative service commission, and the joint committee on | 86 |
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agency rule review. The emergency rule is effective immediately | 87 |
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upon completion of the latest filing, except that if the agency in | 88 |
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adopting the emergency rule designates an effective date, or date | 89 |
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and time of day, that is later than the effective date and time | 90 |
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provided for by division (B)(2) of this section, the emergency | 91 |
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rule if filed as required by such division shall become effective | 92 |
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at the later date, or later date and time of day, designated by | 93 |
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the agency. | 94 |
| (D) At least sixty-five days before a board, commission, | 131 |
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department, division, or bureau of the government of the state | 132 |
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files a rule under division (B)(1) of this section, it shall file | 133 |
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the full text of the proposed rule in electronic form with the | 134 |
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joint committee on agency rule review, and the proposed rule is | 135 |
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subject to legislative review and invalidation under division (I) | 136 |
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of section 119.03 of the Revised Code. If a state board, | 137 |
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commission, department, division, or bureau makes a substantive | 138 |
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revision in a proposed rule after it is filed with the joint | 139 |
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committee, the state board, commission, department, division, or | 140 |
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bureau shall promptly file the full text of the proposed rule in | 141 |
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its revised form in electronic form with the joint committee. The | 142 |
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latest version of a proposed rule as filed with the joint | 143 |
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committee supersedes each earlier version of the text of the same | 144 |
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proposed rule. Except as provided in division (F) of this section, | 145 |
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a state board, commission, department, division, or bureau shall | 146 |
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also file the rule summary and fiscal analysis prepared under | 147 |
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section 127.18 of the Revised Code in electronic form along with a | 148 |
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proposed rule, and along with a proposed rule in revised form, | 149 |
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that is filed under this division. If a proposed rule has an | 150 |
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adverse impact on businesses, the state board, commission, | 151 |
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department, division, or bureau also shall file the business | 152 |
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impact analysis, any recommendations received from the common | 153 |
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sense initiative office, and the associated memorandum of | 154 |
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response, if any, in electronic form along with the proposed rule, | 155 |
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or the proposed rule in revised form, that is filed under this | 156 |
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division. | 157 |
| (E) Whenever a state board, commission, department, division, | 197 |
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or bureau files a proposed rule or a proposed rule in revised form | 198 |
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under division (D) of this section, it shall also file the full | 199 |
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text of the same proposed rule or proposed rule in revised form in | 200 |
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electronic form with the secretary of state and the director of | 201 |
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the legislative service commission. Except as provided in division | 202 |
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(F) of this section, a state board, commission, department, | 203 |
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division, or bureau shall file the rule summary and fiscal | 204 |
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analysis prepared under section 127.18 of the Revised Code in | 205 |
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electronic form along with a proposed rule or proposed rule in | 206 |
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revised form that is filed with the secretary of state or the | 207 |
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director of the legislative service commission. | 208 |
| (B) The department of development or any other entity that | 225 |
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administers any program or development project established under | 226 |
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Chapter 122., 166., or 184. of the Revised Code or in sections | 227 |
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149.311, 5709.87, or 5709.88 of the Revised Code shall not provide | 228 |
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any financial assistance, including loans, tax credits, and | 229 |
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grants, staffing assistance, technical support, or other | 230 |
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assistance to businesses conducting gaming activities or for | 231 |
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project sites on which gaming activities are or will be conducted. | 232 |
| (H) "Personal property" means any personal property, any | 296 |
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interest in personal property, or any right, including, but not | 297 |
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limited to, bank accounts, debts, corporate stocks, patents, or | 298 |
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copyrights. Personal property and any beneficial interest in | 299 |
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personal property are deemed to be located where the trustee of | 300 |
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the property, the personal property, or the instrument evidencing | 301 |
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the right is located. | 302 |
| (a) A violation of section 1315.55, 1322.02, 2903.01, | 310 |
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2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2905.01, 2905.02, | 311 |
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2905.11, 2905.22, 2907.321, 2907.322, 2907.323, 2909.02, 2909.03, | 312 |
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2909.22, 2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.29, | 313 |
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2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2911.31, 2913.05, | 314 |
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2913.06, 2921.02, 2921.03, 2921.04, 2921.11, 2921.12, 2921.32, | 315 |
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2921.41, 2921.42, 2921.43, 2923.12, or 2923.17; division | 316 |
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(F)(1)(a), (b), or (c) of section 1315.53; division (A)(1) or (2) | 317 |
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of section 1707.042; division (B), (C)(4), (D), (E), or (F) of | 318 |
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section 1707.44; division (A)(1) or (2) of section 2923.20; | 319 |
| division (E) of section 3772.99; division (J)(1) of section | 320 |
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4712.02; section 4719.02, 4719.05, or 4719.06; division (C), (D), | 321 |
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or (E) of section 4719.07; section 4719.08; or division (A) of | 322 |
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section 4719.09 of the Revised Code. | 323 |
| (b) Any violation of section 3769.11, 3769.15, 3769.16, or | 324 |
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3769.19 of the Revised Code as it existed prior to July 1, 1996, | 325 |
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any violation of section 2915.02 of the Revised Code that occurs | 326 |
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on or after July 1, 1996, and that, had it occurred prior to that | 327 |
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date, would have been a violation of section 3769.11 of the | 328 |
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Revised Code as it existed prior to that date, or any violation of | 329 |
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section 2915.05 of the Revised Code that occurs on or after July | 330 |
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1, 1996, and that, had it occurred prior to that date, would have | 331 |
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been a violation of section 3769.15, 3769.16, or 3769.19 of the | 332 |
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Revised Code as it existed prior to that date. | 333 |
| (c) Any violation of section 2907.21, 2907.22, 2907.31, | 334 |
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2913.02, 2913.11, 2913.21, 2913.31, 2913.32, 2913.34, 2913.42, | 335 |
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2913.47, 2913.51, 2915.03, 2925.03, 2925.04, 2925.05, or 2925.37 | 336 |
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of the Revised Code, any violation of section 2925.11 of the | 337 |
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Revised Code that is a felony of the first, second, third, or | 338 |
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fourth degree and that occurs on or after July 1, 1996, any | 339 |
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violation of section 2915.02 of the Revised Code that occurred | 340 |
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prior to July 1, 1996, any violation of section 2915.02 of the | 341 |
|
Revised Code that occurs on or after July 1, 1996, and that, had | 342 |
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it occurred prior to that date, would not have been a violation of | 343 |
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section 3769.11 of the Revised Code as it existed prior to that | 344 |
|
date, any violation of section 2915.06 of the Revised Code as it | 345 |
|
existed prior to July 1, 1996, or any violation of division (B) of | 346 |
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section 2915.05 of the Revised Code as it exists on and after July | 347 |
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1, 1996, when the proceeds of the violation, the payments made in | 348 |
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the violation, the amount of a claim for payment or for any other | 349 |
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benefit that is false or deceptive and that is involved in the | 350 |
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violation, or the value of the contraband or other property | 351 |
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illegally possessed, sold, or purchased in the violation exceeds | 352 |
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one thousand dollars, or any combination of violations described | 353 |
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in division (I)(2)(c) of this section when the total proceeds of | 354 |
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the combination of violations, payments made in the combination of | 355 |
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violations, amount of the claims for payment or for other benefits | 356 |
|
that is false or deceptive and that is involved in the combination | 357 |
|
of violations, or value of the contraband or other property | 358 |
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illegally possessed, sold, or purchased in the combination of | 359 |
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violations exceeds one thousand dollars; | 360 |
| (e) Any violation or combination of violations of section | 363 |
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2907.32 of the Revised Code involving any material or performance | 364 |
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containing a display of bestiality or of sexual conduct, as | 365 |
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defined in section 2907.01 of the Revised Code, that is explicit | 366 |
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and depicted with clearly visible penetration of the genitals or | 367 |
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clearly visible penetration by the penis of any orifice when the | 368 |
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total proceeds of the violation or combination of violations, the | 369 |
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payments made in the violation or combination of violations, or | 370 |
|
the value of the contraband or other property illegally possessed, | 371 |
|
sold, or purchased in the violation or combination of violations | 372 |
|
exceeds one thousand dollars; | 373 |
| (f) Any combination of violations described in division | 374 |
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(I)(2)(c) of this section and violations of section 2907.32 of the | 375 |
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Revised Code involving any material or performance containing a | 376 |
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display of bestiality or of sexual conduct, as defined in section | 377 |
|
2907.01 of the Revised Code, that is explicit and depicted with | 378 |
|
clearly visible penetration of the genitals or clearly visible | 379 |
|
penetration by the penis of any orifice when the total proceeds of | 380 |
|
the combination of violations, payments made in the combination of | 381 |
|
violations, amount of the claims for payment or for other benefits | 382 |
|
that is false or deceptive and that is involved in the combination | 383 |
|
of violations, or value of the contraband or other property | 384 |
|
illegally possessed, sold, or purchased in the combination of | 385 |
|
violations exceeds one thousand dollars; | 386 |
| (b) By enacting division (I)(5)(a) of this section, it is the | 406 |
|
intent of the general assembly to add organized retail theft and | 407 |
|
the conduct described in division (I)(5)(a)(ii) of this section as | 408 |
|
conduct constituting corrupt activity. The enactment of division | 409 |
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(I)(5)(a) of this section and the addition by division (I)(5)(a) | 410 |
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of this section of organized retail theft and the conduct | 411 |
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described in division (I)(5)(a)(ii) of this section as conduct | 412 |
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constituting corrupt activity does not limit or preclude, and | 413 |
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shall not be construed as limiting or precluding, any prosecution | 414 |
|
for a violation of section 2923.32 of the Revised Code that is | 415 |
|
based on one or more violations of section 2913.02 or 2913.51 of | 416 |
|
the Revised Code, one or more similar offenses under the laws of | 417 |
|
this state or any other state, or any combination of any of those | 418 |
|
violations or similar offenses, even though the conduct | 419 |
|
constituting the basis for those violations or offenses could be | 420 |
|
construed as also constituting organized retail theft or conduct | 421 |
|
of the type described in division (I)(5)(a)(ii) of this section. | 422 |
| (L) "Unlawful debt" means any money or other thing of value | 438 |
|
constituting principal or interest of a debt that is legally | 439 |
|
unenforceable in this state in whole or in part because the debt | 440 |
|
was incurred or contracted in violation of any federal or state | 441 |
|
law relating to the business of gambling activity or relating to | 442 |
|
the business of lending money at an usurious rate unless the | 443 |
|
creditor proves, by a preponderance of the evidence, that the | 444 |
|
usurious rate was not intentionally set and that it resulted from | 445 |
|
a good faith error by the creditor, notwithstanding the | 446 |
|
maintenance of procedures that were adopted by the creditor to | 447 |
|
avoid an error of that nature. | 448 |
| (M) "Animal activity" means any activity that involves the | 449 |
|
use of animals or animal parts, including, but not limited to, | 450 |
|
hunting, fishing, trapping, traveling, camping, the production, | 451 |
|
preparation, or processing of food or food products, clothing or | 452 |
|
garment manufacturing, medical research, other research, | 453 |
|
entertainment, recreation, agriculture, biotechnology, or service | 454 |
|
activity that involves the use of animals or animal parts. | 455 |
| (N) "Animal facility" means a vehicle, building, structure, | 456 |
|
nature preserve, or other premises in which an animal is lawfully | 457 |
|
kept, handled, housed, exhibited, bred, or offered for sale, | 458 |
|
including, but not limited to, a zoo, rodeo, circus, amusement | 459 |
|
park, hunting preserve, or premises in which a horse or dog event | 460 |
|
is held. | 461 |
| (O) "Animal or ecological terrorism" means the commission of | 462 |
|
any felony that involves causing or creating a substantial risk of | 463 |
|
physical harm to any property of another, the use of a deadly | 464 |
|
weapon or dangerous ordnance, or purposely, knowingly, or | 465 |
|
recklessly causing serious physical harm to property and that | 466 |
|
involves an intent to obstruct, impede, or deter any person from | 467 |
|
participating in a lawful animal activity, from mining, foresting, | 468 |
|
harvesting, gathering, or processing natural resources, or from | 469 |
|
being lawfully present in or on an animal facility or research | 470 |
|
facility. | 471 |
| (a) The numbers of students receiving each category of | 516 |
|
instructional service offered by the school district, such as | 517 |
|
regular education instruction, vocational education instruction, | 518 |
|
specialized instruction programs or enrichment instruction that is | 519 |
|
part of the educational curriculum, instruction for gifted | 520 |
|
students, instruction for students with disabilities, and remedial | 521 |
|
instruction. The guidelines shall require instructional services | 522 |
|
under this division to be divided into discrete categories if an | 523 |
|
instructional service is limited to a specific subject, a specific | 524 |
|
type of student, or both, such as regular instructional services | 525 |
|
in mathematics, remedial reading instructional services, | 526 |
|
instructional services specifically for students gifted in | 527 |
|
mathematics or some other subject area, or instructional services | 528 |
|
for students with a specific type of disability. The categories of | 529 |
|
instructional services required by the guidelines under this | 530 |
|
division shall be the same as the categories of instructional | 531 |
|
services used in determining cost units pursuant to division | 532 |
|
(C)(3) of this section. | 533 |
| (a) The total numbers of licensed employees and nonlicensed | 577 |
|
employees and the numbers of full-time equivalent licensed | 578 |
|
employees and nonlicensed employees providing each category of | 579 |
|
instructional service, instructional support service, and | 580 |
|
administrative support service used pursuant to division (C)(3) of | 581 |
|
this section. The guidelines adopted under this section shall | 582 |
|
require these categories of data to be maintained for the school | 583 |
|
district as a whole and, wherever applicable, for each grade in | 584 |
|
the school district as a whole, for each school building as a | 585 |
|
whole, and for each grade in each school building. | 586 |
| (b) The total number of employees and the number of full-time | 587 |
|
equivalent employees providing each category of service used | 588 |
|
pursuant to divisions (C)(4)(a) and (b) of this section, and the | 589 |
|
total numbers of licensed employees and nonlicensed employees and | 590 |
|
the numbers of full-time equivalent licensed employees and | 591 |
|
nonlicensed employees providing each category used pursuant to | 592 |
|
division (C)(4)(c) of this section. The guidelines adopted under | 593 |
|
this section shall require these categories of data to be | 594 |
|
maintained for the school district as a whole and, wherever | 595 |
|
applicable, for each grade in the school district as a whole, for | 596 |
|
each school building as a whole, and for each grade in each school | 597 |
|
building. | 598 |
| (3)(a) Student demographic data for each school district, | 606 |
|
including information regarding the gender ratio of the school | 607 |
|
district's pupils, the racial make-up of the school district's | 608 |
|
pupils, the number of limited English proficient students in the | 609 |
|
district, and an appropriate measure of the number of the school | 610 |
|
district's pupils who reside in economically disadvantaged | 611 |
|
households. The demographic data shall be collected in a manner to | 612 |
|
allow correlation with data collected under division (B)(1) of | 613 |
|
this section. Categories for data collected pursuant to division | 614 |
|
(B)(3) of this section shall conform, where appropriate, to | 615 |
|
standard practices of agencies of the federal government. | 616 |
| (3) Instructional services costs for each category of | 645 |
|
instructional service provided directly to students and required | 646 |
|
by guidelines adopted pursuant to division (B)(1)(a) of this | 647 |
|
section. The guidelines shall require the cost units under | 648 |
|
division (C)(3) of this section to be designed so that each of | 649 |
|
them may be compiled and reported in terms of average expenditure | 650 |
|
per pupil receiving the service in the school district as a whole | 651 |
|
and average expenditure per pupil receiving the service in each | 652 |
|
building in the school district and in terms of a total cost for | 653 |
|
each category of service and, as a breakdown of the total cost, a | 654 |
|
cost for each of the following components: | 655 |
| (4) Support or extracurricular services costs for each | 668 |
|
category of service directly provided to students and required by | 669 |
|
guidelines adopted pursuant to division (B)(1)(b) of this section. | 670 |
|
The guidelines shall require the cost units under division (C)(4) | 671 |
|
of this section to be designed so that each of them may be | 672 |
|
compiled and reported in terms of average expenditure per pupil | 673 |
|
receiving the service in the school district as a whole and | 674 |
|
average expenditure per pupil receiving the service in each | 675 |
|
building in the school district and in terms of a total cost for | 676 |
|
each category of service and, as a breakdown of the total cost, a | 677 |
|
cost for each of the following components: | 678 |
| (D)(1) The guidelines adopted under this section shall | 693 |
|
require school districts to collect information about individual | 694 |
|
students, staff members, or both in connection with any data | 695 |
|
required by division (B) or (C) of this section or other reporting | 696 |
|
requirements established in the Revised Code. The guidelines may | 697 |
|
also require school districts to report information about | 698 |
|
individual staff members in connection with any data required by | 699 |
|
division (B) or (C) of this section or other reporting | 700 |
|
requirements established in the Revised Code. The guidelines shall | 701 |
|
not authorize school districts to request social security numbers | 702 |
|
of individual students. The guidelines shall prohibit the | 703 |
|
reporting under this section of a student's name, address, and | 704 |
|
social security number to the state board of education or the | 705 |
|
department of education. The guidelines shall also prohibit the | 706 |
|
reporting under this section of any personally identifiable | 707 |
|
information about any student, except for the purpose of assigning | 708 |
|
the data verification code required by division (D)(2) of this | 709 |
|
section, to any other person unless such person is employed by the | 710 |
|
school district or the information technology center operated | 711 |
|
under section 3301.075 of the Revised Code and is authorized by | 712 |
|
the district or technology center to have access to such | 713 |
|
information or is employed by an entity with which the department | 714 |
|
contracts for the scoring of assessments administered under | 715 |
|
section 3301.0711 of the Revised Code. The guidelines may require | 716 |
|
school districts to provide the social security numbers of | 717 |
|
individual staff members and the county of residence for a | 718 |
|
student. Nothing in this section prohibits the state board of | 719 |
|
education or department of education from providing a student's | 720 |
|
county of residence to the department of taxation to facilitate | 721 |
|
the distribution of tax revenue. | 722 |
| (E) The guidelines adopted under this section may require | 750 |
|
school districts to collect and report data, information, or | 751 |
|
reports other than that described in divisions (A), (B), and (C) | 752 |
|
of this section for the purpose of complying with other reporting | 753 |
|
requirements established in the Revised Code. The other data, | 754 |
|
information, or reports may be maintained in the education | 755 |
|
management information system but are not required to be compiled | 756 |
|
as part of the profile formats required under division (G) of this | 757 |
|
section or the annual statewide report required under division (H) | 758 |
|
of this section. | 759 |
| (3) Copies of the reports received from the state board under | 792 |
|
divisions (H)(1) and (2) of this section shall be made available | 793 |
|
to the general public at each school district's offices. Each | 794 |
|
district board of education shall make copies of each report | 795 |
|
available to any person upon request and payment of a reasonable | 796 |
|
fee for the cost of reproducing the report. The board shall | 797 |
|
annually publish in a newspaper of general circulation in the | 798 |
|
school district, at least twice during the two weeks prior to the | 799 |
|
week in which the reports will first be available, a notice | 800 |
|
containing the address where the reports are available and the | 801 |
|
date on which the reports will be available. | 802 |
| (4) If any action taken under division (L)(2) of this section | 884 |
|
resolves a school district's data reporting problems to the | 885 |
|
department's satisfaction, the department shall not take any | 886 |
|
further actions described by that division. If the department | 887 |
|
withheld funds from the district under that division, the | 888 |
|
department may release those funds to the district, except that if | 889 |
|
the department withheld funding under division (L)(2)(c) of this | 890 |
|
section, the department shall not release the funds withheld under | 891 |
|
division (L)(2)(b) of this section and, if the department withheld | 892 |
|
funding under division (L)(2)(d) of this section, the department | 893 |
|
shall not release the funds withheld under division (L)(2)(b) or | 894 |
|
(c) of this section. | 895 |
| (5) Notwithstanding anything in this section to the contrary, | 896 |
|
the department may use its own staff or an outside entity to | 897 |
|
conduct an audit of a school district's data reporting practices | 898 |
|
any time the department has reason to believe the district has not | 899 |
|
made a good faith effort to report data as required by this | 900 |
|
section. If any audit conducted by an outside entity under | 901 |
|
division (L)(2)(d)(i) or (5) of this section confirms that a | 902 |
|
district has not made a good faith effort to report data as | 903 |
|
required by this section, the district shall reimburse the | 904 |
|
department for the full cost of the audit. The department may | 905 |
|
withhold state funds due to the district for this purpose. | 906 |
| (6) Prior to issuing a revised report card for a school | 907 |
|
district under division (L)(2)(d)(viii) of this section, the | 908 |
|
department may hold a hearing to provide the district with an | 909 |
|
opportunity to demonstrate that it made a good faith effort to | 910 |
|
report data as required by this section. The hearing shall be | 911 |
|
conducted by a referee appointed by the department. Based on the | 912 |
|
information provided in the hearing, the referee shall recommend | 913 |
|
whether the department should issue a revised report card for the | 914 |
|
district. If the referee affirms the department's contention that | 915 |
|
the district did not make a good faith effort to report data as | 916 |
|
required by this section, the district shall bear the full cost of | 917 |
|
conducting the hearing and of issuing any revised report card. | 918 |
| (3) "Live racing program" means a racing program consisting | 972 |
|
of no fewer than seven live horse races at thoroughbred tracks and | 973 |
|
nine live races at standardbred tracks and additional horse races | 974 |
|
simulcast from other facilities located either inside or outside | 975 |
|
this state, in which not more than two horse races on which | 976 |
|
pari-mutuel wagering is conducted are simulcast from facilities | 977 |
|
located outside this state. If only one racing meeting of a | 978 |
|
particular breed of horse is being held, no fewer than nine live | 979 |
|
horse races shall be held on a live racing day. If, during the | 980 |
|
course of a racing meeting at a standardbred track, the racing | 981 |
|
secretary of the permit holder determines that there is an | 982 |
|
insufficient number of entries to have a full field of eight | 983 |
|
horses for each of nine races on a live racing program, then the | 984 |
|
racing secretary of the permit holder, after consultation with the | 985 |
|
Ohio harness horsemens association, may reduce the number of live | 986 |
races on that live racing program
from nine to either eight or | 987 |
seven, as the racing secretary may determine. The racing secretary | 988 |
|
shall not reduce the live racing program to less than seven live | 989 |
|
races. If during the course of a meeting at a thoroughbred track, | 990 |
|
the racing secretary of a permit holder determines that there is | 991 |
|
an insufficient number of entries to have a full field of eight | 992 |
|
horses for each of nine races on a live racing program, then the | 993 |
|
racing secretary of the permit holder, with the consent of the | 994 |
|
thoroughbred horsemens association, may reduce the number of live | 995 |
races on that live racing program from nine to either eight or | 996 |
seven, as the racing secretary may determine. The racing secretary | 997 |
|
shall not reduce the live racing program to less than seven live | 998 |
|
races. No more than seventeen races on which pari-mutuel wagering | 999 |
|
is conducted, including both live races and races simulcast from | 1000 |
|
other facilities located either inside or outside this state, | 1001 |
|
shall be part of a live racing program. | 1002 |
| (9) "Special racing event" means individual races in live | 1024 |
|
racing programs or simulcast racing programs, and simulcast racing | 1025 |
|
programs on special event days under division (C) of this section, | 1026 |
|
conducted at facilities located outside this state for which the | 1027 |
|
track, racing association, or state regulatory agency conducting | 1028 |
|
such races charges a simulcast host a fee for the privilege of | 1029 |
|
receiving a simulcast of such races into this state that is higher | 1030 |
|
than the customary and regular fee charged for simulcast races | 1031 |
|
because of the status or popularity of such races. | 1032 |
| (B) The state racing commission shall, upon request by any | 1033 |
|
permit holder, permit electronically televised simulcasts of horse | 1034 |
|
races at the permit holder's track or enclosure on racing days | 1035 |
|
authorized by the permit holder's permit. Except as provided in | 1036 |
|
division (B) of this section, the commission shall not permit the | 1037 |
|
simulcast of any simulcast racing program conducted at tracks or | 1038 |
|
facilities located outside this state unless the out-of-state | 1039 |
|
simulcast racing program is available to all permit holders, | 1040 |
|
whether serving as simulcast hosts or simulcast guests, and all | 1041 |
|
satellite facilities, in this state open and operating on that | 1042 |
|
day. A permit holder or satellite facility may inform the | 1043 |
|
commission that it waives the right to receive the simulcast of a | 1044 |
|
simulcast racing program or a race in a simulcast racing program | 1045 |
|
on that day and in this event the simulcast racing program or | 1046 |
|
simulcast race shall be available to all other simulcast hosts, | 1047 |
|
simulcast guests, and satellite facilities open and operating in | 1048 |
|
this state on that day. | 1049 |
In order for a permit holder to offer simulcasts of horse | 1050 |
races conducted at facilities located outside this state, the | 1051 |
permit holder shall have conducted live racing programs during the | 1052 |
immediately preceding calendar year on a number of days that is | 1053 |
not less than the number of regular live racing days it conducted | 1054 |
in calendar year 1991, not including additional racing days | 1055 |
conducted in calendar year 1991 by the permit holder at a | 1056 |
winterized facility under a permit issued under section 3769.07 of | 1057 |
the Revised Code, as certified by the commission. In satisfying | 1058 |
the foregoing requirement for live racing days during the | 1059 |
immediately preceding calendar year, a permit holder may include | 1060 |
the number of days on which live racing programs were conducted | 1061 |
under a permit issued under section 3769.07 of the Revised Code | 1062 |
for additional racing days at a winterized facility. In addition, | 1063 |
in order for a permit holder to offer simulcasts of horse races | 1064 |
conducted at facilities located outside this state, the permit | 1065 |
holder shall offer all simulcasts of horse races conducted in this | 1066 |
state made available to it. | 1067 |
In order for a permit holder to offer simulcasts of races | 1068 |
conducted at race tracks located outside this state at the same | 1069 |
time and during the hours in which the live races of a live racing | 1070 |
program are being conducted at its track, a permit holder | 1071 |
conducting a thoroughbred live racing program shall obtain the | 1072 |
consent of the thoroughbred horsemens association and a permit | 1073 |
holder conducting a harness live racing program shall obtain the | 1074 |
consent of the Ohio harness horsemens association. The consent of | 1075 |
the horsemen's organization shall not be unreasonably withheld, | 1076 |
and shall be consistent with the interest of preserving live | 1077 |
racing in this state. If a horsemen's organization withholds its | 1078 |
consent, the permit holder may file an objection with the | 1079 |
commission, which shall promptly consider the objection and | 1080 |
determine whether the horsemen's organization's action in | 1081 |
withholding consent is without substantial merit and, if the | 1082 |
commission so determines, shall authorize the permit holder to | 1083 |
simulcast the simulcast racing programs. The determination of the | 1084 |
commission is final. A permit holder, as a simulcast host, may | 1085 |
offer simulcast racing programs at its track or enclosure of races | 1086 |
conducted at tracks and facilities located outside this state | 1087 |
prior to the commencement of, and following the conclusion of, its | 1088 |
live races without obtaining the consent of a horsemen's | 1089 |
organization under this division. | 1090 |
| (7) Notwithstanding any other provision related to simulcast | 1123 |
|
racing programs, in order for a permit holder to offer simulcast | 1124 |
|
racing programs of races conducted at tracks located outside this | 1125 |
|
state at the same time and during the hours in which the live | 1126 |
|
races of a live racing program are being conducted at its track, a | 1127 |
|
permit holder conducting a thoroughbred live racing program shall | 1128 |
|
obtain the consent of the thoroughbred horsemen's association and | 1129 |
|
a permit holder conducting a harness live racing program shall | 1130 |
|
obtain the consent of the Ohio harness horsemen's association. The | 1131 |
|
consent of the applicable horsemen's association shall be | 1132 |
|
consistent with the interest of preserving live racing in this | 1133 |
|
state. A permit holder, as a simulcast host, may offer simulcast | 1134 |
|
racing programs at its track or enclosure of races conducted at | 1135 |
|
tracks and facilities located outside this state before the | 1136 |
|
commencement of, and following the conclusion of, its live races | 1137 |
|
without obtaining the consent of a horsemen's association under | 1138 |
|
this division. | 1139 |
| (C) The commission shall allocate to each track one racing | 1140 |
|
day for each permit holder during each calendar year for the | 1141 |
|
conduct of a live racing program on which a permit holder may | 1142 |
|
conduct as few as one live horse race, with the remainder of the | 1143 |
|
horse races on that racing day on which pari-mutuel wagering is | 1144 |
|
conducted as part of the live racing program being simulcast from | 1145 |
|
other tracks and facilities located either inside or outside this | 1146 |
|
state. In addition, the commission may allocate to each permit | 1147 |
|
holder racing days on which it may as part of a live racing | 1148 |
|
program simulcast more than two horse races from facilities | 1149 |
|
located outside this state if the horse races involve a national | 1150 |
|
wagering pool and pari-mutuel wagering is conducted on the | 1151 |
|
national wagering pool, but on such a racing day there shall in no | 1152 |
|
event be more than two horse races simulcast from facilities | 1153 |
|
located outside this state included in a live racing program on | 1154 |
|
which separate pari-mutuel wagering is conducted. As used in this | 1155 |
|
division, "national wagering pool" means an interstate or | 1156 |
|
intrastate common pari-mutuel wagering pool involving two or more | 1157 |
|
selections covering two or more horse races conducted at tracks | 1158 |
|
located inside or outside this state. | 1159 |
| In emergency situations, the commission may authorize a live | 1160 |
|
racing day at a track in which all horse races on that racing day | 1161 |
|
on which pari-mutuel wagering is conducted are simulcast from | 1162 |
|
tracks and facilities located either inside or outside this state | 1163 |
|
with the consent of the thoroughbred horsemens association for a | 1164 |
|
track conducting a thoroughbred live racing program and with the | 1165 |
|
consent of the Ohio harness horsemens association for a track | 1166 |
conducting a harness live racing program. If a horsemen's | 1167 |
organization withholds its consent, the permit holder may file an | 1168 |
objection with the commission, which shall promptly consider the | 1169 |
objection and determine whether the horsemen's organization's | 1170 |
action in withholding consent is without substantial merit and, if | 1171 |
the commission so determines, shall authorize the permit holder to | 1172 |
simulcast the simulcast racing programs. The determination of the | 1173 |
commission is final. | 1174 |
| (D) On any day that a racing day has been applied for at any | 1175 |
|
track in this state, each track in this state may operate as | 1176 |
|
either a simulcast host or a simulcast guest and may conduct, with | 1177 |
|
the approval of the state racing commission, pari-mutuel wagering | 1178 |
|
on all simulcasts of races conducted inside this state made | 1179 |
|
available to it plus all simulcasts of races conducted at | 1180 |
|
facilities located outside this state as determined by the | 1181 |
|
simulcast hosts. Except as otherwise provided in this section, any | 1182 |
|
simulcast host or simulcast guest may receive and conduct | 1183 |
|
simulcast racing programs that feature any breed of horse at any | 1184 |
|
time of day, as authorized by the commission. Those persons | 1185 |
|
holding state fair, county fair, or other fair permits shall not | 1186 |
|
receive a simulcast racing program on which pari-mutuel wagering | 1187 |
|
is conducted, except that a holder of a permit issued under | 1188 |
|
section 3769.07 of the Revised Code that has been authorized by | 1189 |
|
the commission to conduct races of the state fair, a county fair, | 1190 |
|
or other fair at a commercial track may receive and conduct | 1191 |
|
simulcast racing programs as a simulcast host or simulcast guest | 1192 |
|
at the same time in conjunction with the live racing program of | 1193 |
|
the state fair, county fair, or other fair permit holder conducted | 1194 |
|
at its track. | 1195 |
| The simulcast hosts, with the approval of the state racing | 1196 |
|
commission, shall determine which simulcast racing programs | 1197 |
|
offered by race tracks located outside this state will be | 1198 |
|
simulcast at their tracks and at all simulcast hosts, simulcast | 1199 |
|
guests, and satellite facilities in this state that are open and | 1200 |
|
operating during the hours that the simulcast hosts are operating. | 1201 |
|
Simulcast guests and satellite facilities shall receive all | 1202 |
|
approved simulcast racing programs offered by simulcast hosts. In | 1203 |
|
addition, a simulcast host and simulcast guest, with the approval | 1204 |
|
of the commission, may also receive simulcast horse races and | 1205 |
|
simulcast racing programs not agreed to by simulcast hosts. | 1206 |
| A simulcast host that normally operates during the day only | 1207 |
|
may serve as a simulcast host for only day-simulcast racing | 1208 |
|
programs, which include all simulcast racing programs that | 1209 |
|
commence at a track located outside this state on or before four | 1210 |
|
p.m. A simulcast host that normally operates during the evening | 1211 |
|
only may serve as a simulcast host for only evening-simulcast | 1212 |
|
racing programs, which include all simulcast racing programs that | 1213 |
|
commence at a track located outside this state on or after three | 1214 |
|
p.m. A simulcast host that normally operates during the evening, | 1215 |
|
but that under its permit conducts live racing programs during the | 1216 |
|
day, may serve as a simulcast host for day-simulcast racing | 1217 |
|
programs. A permit holder that is offering at its track simulcast | 1218 |
|
racing programs that commence at a track located outside this | 1219 |
|
state on or before four p.m. and simulcast racing programs that | 1220 |
|
commence at a track located outside this state on or after three | 1221 |
|
p.m. may serve as a simulcast host for both the day-simulcast | 1222 |
|
racing program and the evening-simulcast racing program only if no | 1223 |
|
other permit holder is serving as a simulcast host for the other | 1224 |
|
simulcast racing programs. The times listed in this and the | 1225 |
|
immediately following paragraphs are standard time as described in | 1226 |
|
section 1.04 of the Revised Code and in the "Uniform Time Act of | 1227 |
|
1966," 80 Stat. 107, 15 U.S.C. 260 to 265. | 1228 |
| If a simulcast host is conducting a racing program that | 1229 |
|
features thoroughbred or quarter horses on the same day that | 1230 |
|
another simulcast host is conducting a live racing program that | 1231 |
|
features harness horses at a track located in the same county as, | 1232 |
|
or within twenty miles of, the track of the first simulcast host, | 1233 |
|
the first simulcast host shall not conduct pari-mutuel wagering on | 1234 |
|
simulcast racing programs that commence after four p.m. on that | 1235 |
|
day and the second simulcast host shall not conduct wagering on | 1236 |
|
simulcast racing programs that commence before three p.m. on that | 1237 |
|
day. | 1238 |
| A simulcast host that is conducting a live racing program and | 1239 |
|
is simulcasting that program to other simulcast hosts and | 1240 |
|
simulcast guests in this state shall receive from each simulcast | 1241 |
|
host and each simulcast guest receiving the simulcast an | 1242 |
|
intrastate simulcast fee of one and three-eighths per cent of the | 1243 |
|
amounts wagered on such simulcast racing program at its | 1244 |
|
facilities. The simulcast hosts and simulcast guests receiving | 1245 |
|
such simulcast racing program shall pay the intrastate simulcast | 1246 |
|
fee to the collection and settlement agent, and the fee shall be | 1247 |
|
disbursed by the agent, at the time and in the manner provided in | 1248 |
|
section 3769.0810 of the Revised Code. | 1249 |
| (E)(1) The moneys wagered on simulcast racing programs on a | 1250 |
|
racing day shall be separated from the moneys wagered on the live | 1251 |
|
racing program on that racing day. From the moneys wagered on the | 1252 |
|
simulcast races, each permit holder may retain as a commission the | 1253 |
|
percentage of the amount wagered as specified in sections 3769.08 | 1254 |
|
and 3769.087 of the Revised Code, as applicable, and shall pay, by | 1255 |
|
check, draft, or money order to the state tax commissioner, as a | 1256 |
|
tax, the tax specified in sections 3769.08 and 3769.087 of the | 1257 |
|
Revised Code, as applicable. From the tax collected, the tax | 1258 |
|
commissioner shall make the distributions to the respective funds, | 1259 |
|
and in the proper amounts, as required by sections 3769.08 and | 1260 |
|
3769.087 of the Revised Code, as applicable. Except as provided in | 1261 |
|
divisions (E)(2) and (3) of this section, from the amount | 1262 |
|
remaining after the payment of state taxes on the moneys wagered | 1263 |
|
on live racing programs and on the moneys wagered on simulcast | 1264 |
|
racing programs, a permit holder shall retain an amount equal to | 1265 |
two and three-eightsthree-eighths per cent of the amount wagered | 1266 |
|
on live racing programs and on intrastate and interstate simulcast | 1267 |
|
racing programs simulcast at its track and on the amount wagered | 1268 |
|
on the live racing programs and simulcast racing programs at a | 1269 |
|
satellite facility allocated to it under section 3769.26 of the | 1270 |
|
Revised Code, as a fee to pay for those costs associated with the | 1271 |
|
reception and transmission of simulcasts and the administrative | 1272 |
|
cost of the conduct of live racing programs and simulcast racing | 1273 |
|
programs. From the remaining balance, one-half shall be retained | 1274 |
|
by the permit holder for purses. On a day when a permit holder | 1275 |
|
conducts a live racing program, all purse money generated from | 1276 |
|
wagering on live racing programs and on simulcast racing programs | 1277 |
|
at its track shall be used for that permit holder's purse account. | 1278 |
|
On a day when a permit holder operates as a simulcast host with no | 1279 |
|
live racing program, or operates as a simulcast guest, all purse | 1280 |
|
money generated from wagering on intrastate and interstate | 1281 |
|
simulcast racing programs shall be paid to the state racing | 1282 |
|
commission for deposit into the Ohio combined simulcast horse | 1283 |
|
racing purse fund created under this section. In addition, on a | 1284 |
|
day when a permit holder serves as a simulcast host for a | 1285 |
|
satellite facility, all purse money generated from amounts wagered | 1286 |
|
at the satellite facility allocated to the permit holder under | 1287 |
|
section 3769.26 of the Revised Code shall be paid to the | 1288 |
|
commission for deposit into the Ohio simulcast horse racing purse | 1289 |
|
fund. | 1290 |
| (2) If there are not four satellite facilities in operation | 1291 |
in this state within one year after the effective date of this | 1292 |
sectionSeptember 19, 1996, or if there are not seven satellite | 1293 |
facilities in operation in this state within two years after
the | 1294 |
effective date of this sectionSeptember 19, 1996, or if there are | 1295 |
|
not ten satellite facilities in operation in this state within | 1296 |
three years after the effective date of this sectionSeptember 19, | 1297 |
|
1996, then in any such event the amount to be retained as a fee by | 1298 |
|
the permit holder under division (E)(1) of this section shall be | 1299 |
|
one and seven-eighths per cent until such time as the number of | 1300 |
|
satellite facilities specified in division (E)(2) of this section | 1301 |
|
are in operation. For good cause shown, the thoroughbred horsemens | 1302 |
|
association and Ohio harness horsemens association may waive the | 1303 |
|
requirements of division (E)(2) of this section or extend the date | 1304 |
|
for compliance as to any year by filing a written notification | 1305 |
|
with the state racing commission. | 1306 |
| (3) If a simulcast racing program simulcast by a simulcast | 1307 |
|
host at its track or enclosure and to other simulcast hosts, | 1308 |
|
simulcast guests, and satellite facilities in this state is a | 1309 |
|
special racing event, the permit holder offering the special | 1310 |
|
racing event and other simulcast hosts, simulcast guests, and | 1311 |
|
satellite facilities receiving the special racing event shall not | 1312 |
|
retain the fee provided under division (E)(1) or (2) of this | 1313 |
|
section but shall retain from the moneys wagered on the special | 1314 |
|
racing event an amount equal to the fee charged by the track, | 1315 |
|
racing association, or state regulatory agency simulcasting the | 1316 |
|
special racing event to the simulcast host. From the remaining | 1317 |
|
balance, one-half shall be retained by the permit holder for | 1318 |
|
purses in the manner provided in division (E)(1) of this section. | 1319 |
| A permit holder proposing to simulcast a special racing event | 1320 |
|
as a simulcast host shall advise its horsemen's organization of | 1321 |
|
the proposed schedule of the special racing event and obtain its | 1322 |
|
consent to this schedule. The consent of the horsemen's | 1323 |
organization shall not be unreasonably withheld and shall be | 1324 |
|
consistent with the interest of preserving live racing in this | 1325 |
state. If the horsemen's organization withholds its consent, the | 1326 |
permit holder may file an objection with the state racing | 1327 |
commission, which shall promptly consider the objection and | 1328 |
determine whether the organization's action in withholding consent | 1329 |
is without substantial merit and, if the commission so determines, | 1330 |
shall authorize the permit holder to simulcast the special racing | 1331 |
event. The determination of the commission is final. | 1332 |
| (F) There is hereby created in the state treasury the Ohio | 1333 |
|
combined simulcast horse racing purse fund, to consist of moneys | 1334 |
|
paid into it by permit holders pursuant to division (E) of this | 1335 |
|
section and by satellite facilities pursuant to division (F) of | 1336 |
|
section 3769.26 of the Revised Code. Moneys to the credit of the | 1337 |
|
fund, including interest earned thereon, may be used by the | 1338 |
|
commission for the costs of administering this division and the | 1339 |
|
balance shall be distributed among permit holders no less | 1340 |
|
frequently than monthly to each permit holder's purse account on | 1341 |
|
order of the commission. | 1342 |
| For each calendar year, permit holders at each track shall | 1343 |
|
receive a share of each distribution of the Ohio combined | 1344 |
|
simulcast horse racing purse fund in the same percentage, rounded | 1345 |
|
to the nearest one-hundredth of the amount of each distribution, | 1346 |
|
as the average total amount wagered at the track on racing days at | 1347 |
|
which live racing programs were conducted, including the amount | 1348 |
|
allocated to the track under section 3769.26 of the Revised Code | 1349 |
|
for live races, during the five calendar years immediately | 1350 |
|
preceding the year for which the distribution is made bears to the | 1351 |
|
average annual total amount wagered at all tracks in the state | 1352 |
|
operating under permits issued by the state racing commission | 1353 |
|
under section 3769.07, 3769.071, or 3769.072 of the Revised Code | 1354 |
|
on all racing days at which live racing programs were conducted, | 1355 |
|
including the amount allocated to the tracks under section 3769.26 | 1356 |
|
of the Revised Code for live races, during the five calendar years | 1357 |
|
immediately preceding the year for which the distribution is made. | 1358 |
|
By the thirty-first day of January of each year the commission | 1359 |
|
shall calculate the share of the permit holders at each track for | 1360 |
|
that year, shall enter the share percentages in its official | 1361 |
|
records, and shall notify all permit holders of the share | 1362 |
|
percentages of all tracks for that calendar year. | 1363 |
| (G) Upon the approval of the commission, a permit holder | 1375 |
|
conducting live racing programs may transmit electronically | 1376 |
|
televised simulcasts of horse races conducted at the permit | 1377 |
|
holder's track to racing associations, tracks, and facilities | 1378 |
|
located outside this state for the conduct of pari-mutuel wagering | 1379 |
|
thereon, at the times, on the terms, and for the fee agreed upon | 1380 |
|
by the permit holder and the receiving racing association, track, | 1381 |
|
or facility. From the fees paid to the permit holder for such | 1382 |
|
simulcasts, a permit holder shall retain for the costs of | 1383 |
|
administration a fee in an amount equal to one per cent of the | 1384 |
|
amount wagered on the races simulcast by the permit holder. From | 1385 |
|
the remaining balance of the fee, one-half shall be retained by | 1386 |
|
the permit holder for purses, except that notwithstanding the fee | 1387 |
|
arrangement between the permit holder and the receiving racing | 1388 |
|
association, track, or facility, the permit holder shall deposit | 1389 |
|
into its purse account not less than an amount equal to | 1390 |
|
three-fourths of one per cent of the amount wagered at racing | 1391 |
|
associations, tracks, and facilities located outside the state on | 1392 |
|
the races simulcast by the permit holder. | 1393 |
| All televised simulcasts of horse races conducted in this | 1394 |
|
state to racing associations, tracks, and facilities located | 1395 |
|
outside this state shall comply with the "Interstate Horse Racing | 1396 |
|
Act of 1978," 92 Stat. 1811, 15 U.S.C.A. 3001 to 3007. The consent | 1397 |
|
of the horsemen's organization at the track of the permit holder | 1398 |
|
applying to the commission to simulcast horse races conducted at | 1399 |
|
the permit holder's track to racing associations, tracks, and | 1400 |
facilities located outside this state shall not be unreasonably | 1401 |
withheld and shall be consistent with the interest of preserving | 1402 |
live racing. If a horsemen's organization withholds its consent, | 1403 |
the permit holder may file an objection with the commission, which | 1404 |
shall promptly consider the objection and determine whether the | 1405 |
horsemen's organization's action in withholding consent is without | 1406 |
substantial merit and, if the commission so determines, shall | 1407 |
authorize the permit holder to simulcast the races. The | 1408 |
determination of the commission is final. | 1409 |
| (H)(1) The state racing commission may authorize any permit | 1410 |
|
holder that is authorized to conduct live horse racing on racing | 1411 |
|
days and that conducts pari-mutuel wagering on simulcasts of horse | 1412 |
|
races under this section that are conducted at race tracks either | 1413 |
|
inside or outside this state to conduct, supervise, and | 1414 |
|
participate in interstate and intrastate common pari-mutuel | 1415 |
|
wagering pools on those races in the manner provided in division | 1416 |
|
(H) of this section. Except as otherwise expressly provided in | 1417 |
|
division (H) of this section or in the rules of the state racing | 1418 |
|
commission, the provisions of this chapter that govern pari-mutuel | 1419 |
|
wagering apply to interstate or intrastate common pari-mutuel | 1420 |
|
wagering pools. | 1421 |
| (2) Subject to the approval of the state racing commission, | 1422 |
|
the types of wagering, calculation of the commission retained by | 1423 |
|
the permit holder, tax rates, distribution of winnings, and rules | 1424 |
|
of racing in effect for pari-mutuel wagering pools at the host | 1425 |
|
track may govern wagers placed at a receiving track in this state | 1426 |
|
and merged into an interstate or intrastate common pari-mutuel | 1427 |
|
wagering pool. Breakage from interstate or intrastate common | 1428 |
|
pari-mutuel wagering pools shall be calculated in accordance with | 1429 |
|
the rules that govern the host track and shall be distributed | 1430 |
|
among the tracks participating in the interstate or intrastate | 1431 |
|
common wagering pool in a manner agreed to by the participating | 1432 |
|
tracks and the host track. An interstate common pari-mutuel | 1433 |
|
wagering pool formed under division (H)(3) of this section is | 1434 |
|
subject to that division rather than to division (H)(2) of this | 1435 |
|
section. | 1436 |
| (3) Subject to the approval of the state racing commission, | 1437 |
|
an interstate common pari-mutuel wagering pool may be formed | 1438 |
|
between a permit holder and one or more receiving tracks located | 1439 |
|
in states other than the state in which the host track is located. | 1440 |
|
The commission may approve types of wagering, calculation of the | 1441 |
|
commission retained by the permit holder, tax rates, distribution | 1442 |
|
of winnings, rules of racing, and calculation of breakage for such | 1443 |
|
an interstate common pari-mutuel wagering pool that differ from | 1444 |
|
those that would otherwise be applied in this state under this | 1445 |
|
chapter but that are consistent for all tracks participating in | 1446 |
|
the interstate common pari-mutuel wagering pool formed under | 1447 |
|
division (H)(3) of this section. | 1448 |
| (J) No license, fee, or excise tax, other than as specified | 1461 |
|
in division (E) of this section, shall be assessed upon or | 1462 |
|
collected from a permit holder or the owners of a permit holder in | 1463 |
|
connection with, or pertaining to, the operation and conduct of | 1464 |
|
simulcast racing programs in this state, by any county, township, | 1465 |
|
municipal corporation, district, or other body having the | 1466 |
|
authority to assess or collect a tax or fee. | 1467 |
| (K)(1) Permit holders operating tracks within the same county | 1468 |
|
or adjacent counties that are conducting simulcast racing programs | 1469 |
|
under this section may enter into agreements regarding the conduct | 1470 |
|
of simulcast racing programs at their respective tracks and the | 1471 |
|
sharing of the retained commissions therefrom, for such periods of | 1472 |
|
time, upon such terms and conditions, and subject to such rights | 1473 |
|
and obligations, as the contracting permit holders consider | 1474 |
appropriate under the circumstances. Permit holders
so contracting | 1475 |
|
shall notify the state racing commission of their entry into an | 1476 |
|
agreement pursuant to this division, the names of the permit | 1477 |
holders that are parties to the agreement, and the length of the | 1478 |
term oftime the agreement shall be in effect. | 1479 |
| Sec. 3770.02. (A) Subject to the advice and consent of the | 1499 |
|
senate, the governor shall appoint a director of the state lottery | 1500 |
|
commission who shall serve at the pleasure of the governor. The | 1501 |
|
director shall devote full time to the duties of the office and | 1502 |
|
shall hold no other office or employment. The director shall meet | 1503 |
|
all requirements for appointment as a member of the commission and | 1504 |
|
shall, by experience and training, possess management skills that | 1505 |
|
equip the director to administer an enterprise of the nature of a | 1506 |
|
state lottery. The director shall receive an annual salary in | 1507 |
|
accordance with pay range 48 of section 124.152 of the Revised | 1508 |
|
Code. | 1509 |
| (C)(1) The director shall appoint an assistant director, | 1522 |
|
deputy directors of marketing, operations, sales, finance, public | 1523 |
|
relations, security, and administration, and as many regional | 1524 |
|
managers as are required. The director may also appoint necessary | 1525 |
|
professional, technical, and clerical assistants. All such | 1526 |
|
officers and employees shall be appointed and compensated pursuant | 1527 |
|
to Chapter 124. of the Revised Code. Regional and assistant | 1528 |
|
regional managers, sales representatives, and any lottery | 1529 |
|
executive account representatives shall remain in the unclassified | 1530 |
|
service. | 1531 |
| (D) The director shall request the bureau of criminal | 1535 |
|
identification and investigation, the department of public safety, | 1536 |
|
or any other state, local, or federal agency to supply the | 1537 |
|
director with the criminal records of any job applicant and may | 1538 |
|
periodically request the criminal records of commission employees. | 1539 |
|
At or prior to the time of making such a request, the director | 1540 |
|
shall require a job applicant or commission employee to obtain | 1541 |
|
fingerprint cards prescribed by the superintendent of the bureau | 1542 |
|
of criminal identification and investigation at a qualified law | 1543 |
|
enforcement agency, and the director shall cause these fingerprint | 1544 |
|
cards to be forwarded to the bureau of criminal identification and | 1545 |
|
investigation and the federal bureau of investigation. The | 1546 |
|
commission shall assume the cost of obtaining the fingerprint | 1547 |
|
cards and shall pay to each agency supplying criminal records for | 1548 |
|
each investigation under this division a reasonable fee, as | 1549 |
|
determined by the agency. | 1550 |
| (E) The director shall license lottery sales agents pursuant | 1551 |
|
to section 3770.05 of the Revised Code and, when it is considered | 1552 |
|
necessary, may revoke or suspend the license of any lottery sales | 1553 |
|
agent. The director may license video lottery technology | 1554 |
|
providers, independent testing laboratories, and gaming employees, | 1555 |
|
and promulgate rules relating thereto. When the director considers | 1556 |
|
it necessary, the director may suspend or revoke the license of a | 1557 |
|
video lottery technology provider, independent testing laboratory, | 1558 |
|
or gaming employee, including suspension or revocation without | 1559 |
|
affording an opportunity for a prior hearing under section 119.07 | 1560 |
|
of the Revised Code when the public safety, convenience, or trust | 1561 |
|
requires immediate action. | 1562 |
| (F) The director shall confer at least once each month with | 1563 |
|
the commission, at which time the director shall advise it | 1564 |
|
regarding the operation and administration of the lottery. The | 1565 |
|
director shall make available at the request of the commission all | 1566 |
|
documents, files, and other records pertaining to the operation | 1567 |
|
and administration of the lottery. The director shall prepare and | 1568 |
|
make available to the commission each month a complete and | 1569 |
|
accurate accounting of lottery revenues, prize money disbursements | 1570 |
|
and the cost of goods and services awarded as prizes, operating | 1571 |
|
expenses, and all other relevant financial information, including | 1572 |
|
an accounting of all transfers made from any lottery funds in the | 1573 |
|
custody of the treasurer of state to benefit education. | 1574 |
| (H)(1) Pursuant to rules adopted by the commission under | 1578 |
|
section 3770.03 of the Revised Code, the director shall require | 1579 |
|
any lottery sales agents to either mail directly to the commission | 1580 |
|
or deposit to the credit of the state lottery fund, in banking | 1581 |
|
institutions designated by the treasurer of state, net proceeds | 1582 |
|
due the commission as determined by the director, and to file with | 1583 |
|
the director or the director's designee reports of their receipts | 1584 |
|
and transactions in the sale of lottery tickets in the form | 1585 |
|
required by the director. | 1586 |
| Sec. 3770.03. (A) The state lottery commission shall | 1622 |
|
promulgate rules under which a statewide lottery may be conducted, | 1623 |
|
which includes, and since the original enactment of this section | 1624 |
|
has included, the authority for the commission to operate video | 1625 |
|
lottery terminal games. Any reference in this chapter to tickets | 1626 |
|
shall not be construed to in any way limit the authority of the | 1627 |
|
commission to operate video lottery terminal games. Nothing in | 1628 |
|
this chapter shall restrict the authority of the commission to | 1629 |
|
promulgate rules related to the operation of games utilizing video | 1630 |
|
lottery terminals as described in section 3770.21 of the Revised | 1631 |
|
Code. The rules shall be promulgated pursuant to Chapter 119. of | 1632 |
the Revised Code, except that instant game rules other than those | 1633 |
|
for video lottery terminal games shall be promulgated pursuant to | 1634 |
|
section 111.15 of the Revised Code but are not subject to division | 1635 |
|
(D) of that section, and except that those rules for video lottery | 1636 |
|
terminal games shall be approved by resolution of the commission. | 1637 |
|
Subjects covered in these rules shall include, but need not be | 1638 |
|
limited to, the following: | 1639 |
| (1) The locations at which lottery tickets may be sold and | 1651 |
|
the manner in which they are to be sold. These rules may authorize | 1652 |
|
the sale of lottery tickets by commission personnel or other | 1653 |
|
licensed individuals from traveling show wagons at the state fair, | 1654 |
|
and at any other expositions the director of the commission | 1655 |
|
considers acceptable. These rules shall prohibit commission | 1656 |
|
personnel or other licensed individuals from soliciting from an | 1657 |
|
exposition the right to sell lottery tickets at that exposition, | 1658 |
|
but shall allow commission personnel or other licensed individuals | 1659 |
|
to sell lottery tickets at an exposition if the exposition | 1660 |
|
requests commission personnel or licensed individuals to do so. | 1661 |
|
These rules may also address the accessibility of sales agent | 1662 |
|
locations to commission products in accordance with the "Americans | 1663 |
|
with Disabilities Act of 1990," 104 Stat. 327, 42 U.S.C.A. 12101 | 1664 |
|
et seq. | 1665 |
| (4) The substantive criteria for the licensing of lottery | 1672 |
|
sales agents consistent with section 3770.05 of the Revised Code, | 1673 |
|
and procedures for revoking or suspending their licenses | 1674 |
|
consistent with Chapter 119. of the Revised Code. If | 1675 |
|
circumstances, such as the nonpayment of funds owed by a lottery | 1676 |
|
sales agent, or other circumstances related to the public safety, | 1677 |
|
convenience, or trust, require immediate action, the director may | 1678 |
|
suspend a license without affording an opportunity for a prior | 1679 |
|
hearing under section 119.07 of the Revised Code. | 1680 |
| (5) Special game rules to implement any agreements signed by | 1681 |
|
the governor that the director enters into with other lottery | 1682 |
|
jurisdictions under division (J) of section 3770.02 of the Revised | 1683 |
|
Code to conduct statewide joint lottery games. The rules shall | 1684 |
|
require that the entire net proceeds of those games that remain, | 1685 |
|
after associated operating expenses, prize disbursements, lottery | 1686 |
|
sales agent bonuses, commissions, and reimbursements, and any | 1687 |
|
other expenses necessary to comply with the agreements or the | 1688 |
|
rules are deducted from the gross proceeds of those games, be | 1689 |
|
transferred to the lottery profits education fund under division | 1690 |
|
(B) of section 3770.06 of the Revised Code. | 1691 |
| (D) The commission may promulgate rules, in addition to those | 1698 |
|
described in divisions (A) and (B) of this section, that establish | 1699 |
|
standards governing the display of advertising and celebrity | 1700 |
|
images on lottery tickets and on other items that are used in the | 1701 |
|
conduct of, or to promote, the statewide lottery and statewide | 1702 |
|
joint lottery games. Any revenue derived from the sale of | 1703 |
|
advertising displayed on lottery tickets and on those other items | 1704 |
|
shall be considered, for purposes of section 3770.06 of the | 1705 |
|
Revised Code, to be related proceeds in connection with the | 1706 |
|
statewide lottery or gross proceeds from statewide joint lottery | 1707 |
|
games, as applicable. | 1708 |
| (E)(1) The commission shall meet with the director at least | 1709 |
|
once each month and shall convene other meetings at the request of | 1710 |
|
the chairperson or any five of the members. No action taken by the | 1711 |
|
commission shall be binding unless at least five of the members | 1712 |
|
present vote in favor of the action. A written record shall be | 1713 |
|
made of the proceedings of each meeting and shall be transmitted | 1714 |
|
forthwith to the governor, the president of the senate, the senate | 1715 |
|
minority leader, the speaker of the house of representatives, and | 1716 |
|
the house minority leader. | 1717 |
| (2) The director shall present to the commission a report | 1718 |
|
each month, showing the total revenues, prize disbursements, and | 1719 |
|
operating expenses of the state lottery for the preceding month. | 1720 |
|
As soon as practicable after the end of each fiscal year, the | 1721 |
|
commission shall prepare and transmit to the governor and the | 1722 |
|
general assembly a report of lottery revenues, prize | 1723 |
|
disbursements, and operating expenses for the preceding fiscal | 1724 |
|
year and any recommendations for legislation considered necessary | 1725 |
|
by the commission. | 1726 |
| Sec. 3770.05. (A) As used in this section, "person" means | 1727 |
|
any person, association, corporation, partnership, club, trust, | 1728 |
|
estate, society, receiver, trustee, person acting in a fiduciary | 1729 |
|
or representative capacity, instrumentality of the state or any of | 1730 |
|
its political subdivisions, or any other combination of | 1731 |
|
individuals meeting the requirements set forth in this section or | 1732 |
|
established by rule or order of the state lottery commission. | 1733 |
| (F) The director of the state lottery commission shall | 1795 |
|
request the bureau of criminal identification and investigation, | 1796 |
|
the department of public safety, or any other state, local, or | 1797 |
|
federal agency to supply the director with the criminal records of | 1798 |
|
any applicant for a lottery sales agent license, and may | 1799 |
|
periodically request the criminal records of any person to whom a | 1800 |
|
lottery sales agent license has been issued. At or prior to the | 1801 |
|
time of making such a request, the director shall require an | 1802 |
|
applicant or licensee to obtain fingerprint impressions on | 1803 |
|
fingerprint cards prescribed by the superintendent of the bureau | 1804 |
|
of criminal identification and investigation at a qualified law | 1805 |
|
enforcement agency, and the director shall cause those fingerprint | 1806 |
|
cards to be forwarded to the bureau of criminal identification and | 1807 |
|
investigation, to the federal bureau of investigation, or to both | 1808 |
|
bureaus. The commission shall assume the cost of obtaining the | 1809 |
|
fingerprint cards. | 1810 |
| (b) Prior to approval of the application, obtain a surety | 1824 |
|
bond in an amount the director determines by rule adopted under | 1825 |
|
Chapter 119. of the Revised Code or, alternatively, with the | 1826 |
|
director's approval, deposit the same amount into a dedicated | 1827 |
|
account for the benefit of the state lottery. The director also | 1828 |
|
may approve the obtaining of a surety bond to cover part of the | 1829 |
|
amount required, together with a dedicated account deposit to | 1830 |
|
cover the remainder of the amount required. The director also may | 1831 |
|
establish an alternative program or policy, with the approval of | 1832 |
|
the commission by rule adopted under Chapter 119. of the Revised | 1833 |
|
Code, that otherwise ensures the lottery's financial interests are | 1834 |
|
adequately protected. If such an alternative program or policy is | 1835 |
|
established, an applicant or lottery sales agent, subject to the | 1836 |
|
director's approval, may be permitted to participate in the | 1837 |
|
program or proceed under that policy in lieu of providing a surety | 1838 |
|
bond or dedicated amount. | 1839 |
| A surety bond, dedicated account, other established program | 1845 |
or policy, or bothany combination of these resources, as | 1846 |
|
applicable, may be used to pay for the lottery sales agent's | 1847 |
|
failure to make prompt and accurate payments for lottery ticket | 1848 |
|
sales, for missing or stolen lottery tickets, for damage to | 1849 |
|
equipment or materials issued to the lottery sales agent, or to | 1850 |
|
pay for expenses the commission incurs in connection with the | 1851 |
|
lottery sales agent's license. | 1852 |
| (3) A lottery sales agent license shall be complete, | 1870 |
|
accurate, and current at all times during the term of the license. | 1871 |
|
Any changes to an original license application or a renewal | 1872 |
|
application may subject the applicant or lottery sales agent, as | 1873 |
|
applicable, to paying an administrative fee that shall be in an | 1874 |
|
amount that the director determines by rule adopted under Chapter | 1875 |
119. of the Revised Code, that the controlling board approves, and | 1876 |
|
that shall not exceed the actual cost of administering and | 1877 |
|
processing the changes to an application. | 1878 |
| (I) If a lottery sales agent's rental payments for the | 1887 |
|
lottery sales agent's premises are determined, in whole or in | 1888 |
|
part, by the amount of retail sales the lottery sales agent makes, | 1889 |
|
and if the rental agreement does not expressly provide that the | 1890 |
|
amount of those retail sales includes the amounts the lottery | 1891 |
|
sales agent receives from lottery ticket sales, only the amounts | 1892 |
|
the lottery sales agent receives as compensation from the state | 1893 |
|
lottery commission for selling lottery tickets shall be considered | 1894 |
|
to be amounts the lottery sales agent receives from the retail | 1895 |
|
sales the lottery sales agent makes, for the purpose of computing | 1896 |
|
the lottery sales agent's rental payments. | 1897 |
| (B) The state lottery commission shall include, in | 1906 |
|
conjunction with the state racing commission, in any rules adopted | 1907 |
|
concerning video lottery terminals, the level of minimum | 1908 |
|
investments that must be made by video lottery terminal licensees | 1909 |
|
in the buildings, fixtures, and grounds at the facilities, | 1910 |
|
including temporary facilities, in which the terminals will be | 1911 |
|
located, along with any standards and timetables for such | 1912 |
|
investments. | 1913 |
| (D) No license or excise tax or fee not in effect on the | 1920 |
|
effective date of this section shall be assessed upon or collected | 1921 |
|
from a video lottery terminal licensee by any county, township, | 1922 |
|
municipal corporation, school district, or other political | 1923 |
|
subdivision of the state that has authority to assess or collect a | 1924 |
|
tax or fee by reason of the video lottery terminal related conduct | 1925 |
|
authorized by section 3770.03 of the Revised Code. This division | 1926 |
|
does not prohibit the imposition of taxes under Chapter 718. or | 1927 |
|
3769. of the Revised Code. | 1928 |
(D)(E) The supreme court shall have exclusive, original | 1929 |
|
jurisdiction over any claim asserting that this section or section | 1930 |
|
3770.03 of the Revised Code or any portion of those sections or | 1931 |
|
any rule adopted under those sections violates any provision of | 1932 |
|
the Ohio Constitution, any claim asserting that any action taken | 1933 |
|
by the governor or the lottery commission pursuant to those | 1934 |
|
sections violates any provision of the Ohio Constitution or any | 1935 |
|
provision of the Revised Code, or any claim asserting that any | 1936 |
|
portion of this section violates any provision of the Ohio | 1937 |
|
Constitution. If any claim over which the supreme court is granted | 1938 |
|
exclusive, original jurisdiction by this division is filed in any | 1939 |
|
lower court, the claim shall be dismissed by the court on the | 1940 |
|
ground that the court lacks jurisdiction to review it. | 1941 |
| (D) Confidential information received by the commission from | 1992 |
|
another jurisdiction relating to a person who holds, held, or has | 1993 |
|
applied for a license under this chapter is confidential and not | 1994 |
|
subject to disclosure as a public record under section 149.43 of | 1995 |
|
the Revised Code. The commission may share the information | 1996 |
|
referenced in this division with, or disclose the information to, | 1997 |
|
the inspector general, any appropriate prosecuting authority, any | 1998 |
|
law enforcement agency, or any other appropriate governmental or | 1999 |
|
licensing agency, if the agency that receives the information | 2000 |
|
complies with the same requirements regarding confidentiality as | 2001 |
|
those with which the commission must comply. | 2002 |
| (E) "Casino gaming" means any type of slot machine or table | 2014 |
|
game wagering, using money, casino credit, or any representative | 2015 |
|
of value, authorized in any of the states of Indiana, Michigan, | 2016 |
|
Pennsylvania, and West Virginia as of January 1, 2009, and | 2017 |
|
includes slot machine and table game wagering subsequently | 2018 |
|
authorized by, but shall not be limited by, subsequent | 2019 |
|
restrictions placed on such wagering in such states. "Casino | 2020 |
|
gaming" does not include bingo, as authorized in Section 6 of | 2021 |
|
Article XV, Ohio Constitution and conducted as of January 1, 2009, | 2022 |
|
or horse racing where the pari-mutuel system of wagering is | 2023 |
|
conducted, as authorized under the laws of this state as of | 2024 |
|
January 1, 2009. | 2025 |
(F)(G) "Casino operator" means any person, trust, | 2029 |
|
corporation, partnership, limited partnership, association, | 2030 |
|
limited liability company, or other business enterprise that | 2031 |
|
directly or indirectly holds an ownership or leasehold interest in | 2032 |
|
a casino facility. "Casino operator" does not include an agency of | 2033 |
|
the state, any political subdivision of the state, any person, | 2034 |
|
trust, corporation, partnership, limited partnership, association, | 2035 |
|
limited liability company, or other business enterprise that may | 2036 |
|
have an interest in a casino facility, but who is legally or | 2037 |
|
contractually restricted from conducting casino gaming. | 2038 |
(J)(L) "Gaming-related vendor" means any individual, | 2057 |
|
partnership, corporation, association, trust, or any other group | 2058 |
|
of individuals, however organized, who supplies gaming-related | 2059 |
|
equipment, goods, or services to a casino operator or management | 2060 |
|
company, that are directly related to or affect casino gaming | 2061 |
|
authorized under this chapter, including, but not limited to, the | 2062 |
|
manufacture, sale, distribution, or repair of slot machines and | 2063 |
|
table game equipment. | 2064 |
(M)(O) "Institutional investor" means any of the following | 2084 |
entities owning onemore than five per cent or less, or a | 2085 |
percentage between one and ten per cent as approved by the | 2086 |
commission through a waiver on a case-by-case basis, but less than | 2087 |
|
fifteen per cent, of an ownership interest in a casino facility, | 2088 |
|
casino operator, management company, or holding company: a | 2089 |
|
corporation, bank, insurance company, pension fund or pension fund | 2090 |
|
trust, retirement fund, including funds administered by a public | 2091 |
|
agency, employees' profit-sharing fund or employees' | 2092 |
|
profit-sharing trust, any association engaged, as a substantial | 2093 |
|
part of its business or operations, in purchasing or holding | 2094 |
|
securities, including a hedge fund, mutual fund, or private equity | 2095 |
|
fund, or any trust in respect of which a bank is trustee or | 2096 |
|
cotrustee, investment company registered under the "Investment | 2097 |
|
Company Act of 1940," 15 U.S.C. 80a-1 et seq., collective | 2098 |
|
investment trust organized by banks under Part Nine of the Rules | 2099 |
|
of the Comptroller of the Currency, closed-end investment trust, | 2100 |
|
chartered or licensed life insurance company or property and | 2101 |
|
casualty insurance company, investment advisor registered under | 2102 |
|
the "Investment Advisors Act of 1940," 15 U.S.C. 80 b-1 et seq., | 2103 |
|
and such other persons as the commission may reasonably determine | 2104 |
|
to qualify as an institutional investor for reasons consistent | 2105 |
|
with this chapter, and that does not exercise control over the | 2106 |
|
affairs of a licensee and its ownership interest in a licensee is | 2107 |
|
for investment purposes only, as set forth in division (E) of | 2108 |
|
section 3772.10 of the Revised Code. | 2109 |
| (3) A managerial employee of a person that has applied for or | 2126 |
|
holds a casino operator or gaming-related vendor license in Ohio, | 2127 |
|
or a managerial employee of a holding company that has control of | 2128 |
|
a person that has applied for or holds a casino operator or | 2129 |
|
gaming-related vendor license in Ohio, who performs the function | 2130 |
|
of principal executive officer, principal operating officer, | 2131 |
|
principal accounting officer, or an equivalent officer or other | 2132 |
|
person the commission determines to have the power to exercise | 2133 |
|
significant influence over decisions concerning any part of the | 2134 |
|
operation of such licensee. | 2135 |
(P)(R) "Majority ownership interest" in a license or in a | 2143 |
|
casino facility, as the case may be, means ownership of more than | 2144 |
|
fifty per cent of such license or casino facility, as the case may | 2145 |
|
be. For purposes of the foregoing, whether a majority ownership | 2146 |
|
interest is held in a license or in a casino facility, as the case | 2147 |
|
may be, shall be determined under the rules for constructive | 2148 |
|
ownership of stock provided in Treas. Reg. 1.409A-3(i)(5)(iii) as | 2149 |
|
in effect on January 1, 2009. | 2150 |
(S)(U) "Person" includes, but is not limited to, an | 2160 |
|
individual or a combination of individuals; a sole proprietorship, | 2161 |
|
a firm, a company, a joint venture, a partnership of any type, a | 2162 |
|
joint-stock company, a corporation of any type, a corporate | 2163 |
|
subsidiary of any type, a limited liability company, a business | 2164 |
|
trust, or any other business entity or organization; an assignee; | 2165 |
|
a receiver; a trustee in bankruptcy; an unincorporated | 2166 |
|
association, club, society, or other unincorporated entity or | 2167 |
|
organization; entities that are disregarded for federal income tax | 2168 |
|
purposes; and any other nongovernmental, artificial, legal entity | 2169 |
|
that is capable of engaging in business. | 2170 |
(V)(X) "Slot machine" means any mechanical, electrical, or | 2180 |
|
other device or machine which, upon insertion of a coin, token, | 2181 |
|
ticket, or similar object, or upon payment of any consideration, | 2182 |
|
is available to play or operate, the play or operation of which, | 2183 |
|
whether by reason of the skill of the operator or application of | 2184 |
|
the element of chance, or both, makes individual prize | 2185 |
|
determinations for individual participants in cash, premiums, | 2186 |
|
merchandise, tokens, or any thing of value, whether the payoff is | 2187 |
|
made automatically from the machine or in any other manner. | 2188 |
Sec. 3772.04. (A)(1) If, as the result of an investigation, | 2201 |
the commission concludes that a license or finding required by | 2202 |
this chapter should be limited, conditioned, or restricted, or | 2203 |
suspended or revoked, the commission shall conductAfter notice | 2204 |
|
and opportunity for an adjudication under Chapter 119. of the | 2205 |
|
Revised Code, the commission may limit, condition, restrict, | 2206 |
|
suspend, revoke, deny, or not renew a license under rules adopted | 2207 |
|
by the commission. The commission may reopen a licensing | 2208 |
|
adjudication at any time. | 2209 |
(C)(D) In the discharge of any duties imposed by this | 2294 |
|
chapter, the commission may require that testimony be given under | 2295 |
|
oath and administer such oath, issue subpoenas compelling the | 2296 |
|
attendance of witnesses and the production of any papers, books, | 2297 |
|
and accounts, and cause the deposition of any witness. In the | 2298 |
|
event of the refusal of any person without good cause to comply | 2299 |
|
with the terms of a subpoena issued by the commission or refusal | 2300 |
|
to testify on matters about which the person may lawfully be | 2301 |
|
questioned, the prosecuting attorney of the county in which such | 2302 |
|
person resides, upon the petition of the commission, may bring a | 2303 |
|
proceeding for contempt against such person in the court of common | 2304 |
|
pleas of that county. | 2305 |
| The commission shall pay the fee the bureau of criminal | 2355 |
|
identification and investigation charges for all criminal records | 2356 |
|
checks conducted under this section. An applicant for a casino | 2357 |
|
operator, management company, holding company, or gaming-related | 2358 |
|
vendor license shall reimburse the commission for the amount of | 2359 |
|
the fee paid on the applicant's behalf. An applicant for a key | 2360 |
|
employee or casino gaming employee license shall reimburse the | 2361 |
|
commission for the amount of the fee paid on the applicant's | 2362 |
|
behalf, unless the applicant is applying at the request of a | 2363 |
|
casino operator or management company, in which case the casino | 2364 |
|
operator or management company shall reimburse the commission. | 2365 |
| The appointing or licensing authority shall review the | 2366 |
|
results of a criminal records check. An appointee for a commission | 2367 |
|
member shall forward the results of the criminal records check to | 2368 |
|
the president of the senate before the senate advises and consents | 2369 |
|
to the appointment of the commission member. The appointing or | 2370 |
|
licensing authority shall not appoint or license or retain the | 2371 |
|
appointment or licensure of a person a criminal records check | 2372 |
|
discloses has been convicted of or has pleaded guilty or no | 2373 |
|
contest to a disqualifying offense. A "disqualifying offense" | 2374 |
|
means any gambling offense, any theft offense, any offense having | 2375 |
|
an element of fraud or misrepresentation, any offense having an | 2376 |
|
element of moral turpitude, and any felony not otherwise included | 2377 |
|
in the foregoing list, except as otherwise provided in section | 2378 |
|
3772.10 of the Revised Code. | 2379 |
| The report of a criminal records check is not a public record | 2380 |
|
that is open to public inspection and copying. The commission | 2381 |
|
shall not make the report available to any person other than the | 2382 |
|
person who was the subject of the criminal records check; an | 2383 |
|
appointing or licensing authority; a member, the executive | 2384 |
|
director, or an employee of the commission; or any court or | 2385 |
|
agency, including a hearing examiner, in a judicial or | 2386 |
|
administrative proceeding relating to the person's employment with | 2387 |
|
the entity requesting the criminal records check in which the | 2388 |
|
criminal records check is relevant. | 2389 |
Sec. 3772.091. (A) NoA casino operator license issued under | 2390 |
|
this chapter is transferable subject to approval by the | 2391 |
commission. New majority ownership interest orAny change or | 2392 |
transfer of control of a casino operator shall require a new | 2393 |
licensecommission approval. The commission may reopen a licensing | 2394 |
investigation at any time. A significantAny change in or transfer | 2395 |
|
of control of a casino operator, as determined by the commission, | 2396 |
shall require the filing of an application for a newtransferring | 2397 |
the casino operator license and submission of a licensean | 2398 |
|
application fee with the commission before any such change or | 2399 |
transfer of control ismay be approved. A change in or transfer of | 2400 |
control to an immediate family member is not considered a | 2401 |
significant change under this sectionAdditionally, the commission | 2402 |
|
may assess an applicant a reasonable fee in the amount necessary | 2403 |
|
to review the application for the transfer of a casino operator | 2404 |
|
license to the applicant. In determining whether to approve the | 2405 |
|
transfer of a casino operator license to the applicant, the | 2406 |
|
commission shall consider all the factors established in Chapter | 2407 |
|
3772. of the Revised Code that pertain to the granting of a casino | 2408 |
|
operator license. The commission may reopen a licensing | 2409 |
|
investigation at any time. | 2410 |
| (B) All applicants for a license under this chapter shall | 2461 |
|
establish their suitability for a license by clear and convincing | 2462 |
|
evidence. If the commission determines that a person is eligible | 2463 |
|
under this chapter to be issued a license as a casino operator, | 2464 |
|
management company, holding company, key employee, casino gaming | 2465 |
|
employee, or gaming-related vendor, the commission shall issue | 2466 |
|
such license for not more than three years, as determined by | 2467 |
|
commission rule, if all other requirements of this chapter have | 2468 |
|
been satisfied. | 2469 |
| (D)(1) The commission shall investigate the qualifications of | 2492 |
|
each applicant under this chapter before any license is issued and | 2493 |
|
before any finding with regard to acts or transactions for which | 2494 |
|
commission approval is required is made. The commission shall | 2495 |
|
continue to observe the conduct of all licensees and all other | 2496 |
|
persons having a material involvement directly or indirectly with | 2497 |
|
a casino operator, management company, or holding company to | 2498 |
|
ensure that licenses are not issued to or held by, or that there | 2499 |
|
is not any material involvement with a casino operator, management | 2500 |
|
company, or holding company by, an unqualified, disqualified, or | 2501 |
|
unsuitable person or a person whose operations are conducted in an | 2502 |
|
unsuitable manner or in unsuitable or prohibited places or | 2503 |
|
locations. | 2504 |
| (5) If the commission finds an institutional investor to be | 2549 |
|
unsuitable or unqualified, the commission shall so notify the | 2550 |
|
investor and the casino operator, holding company, management | 2551 |
|
company, or gaming-related vendor licensee in which the investor | 2552 |
|
invested. The commission shall allow the investor and the licensee | 2553 |
|
a reasonable amount of time, as specified by the commission on a | 2554 |
|
case-by-case basis, to cure the conditions that caused the | 2555 |
|
commission to find the investor unsuitable or unqualified. If | 2556 |
|
during the specified period of time the investor or the licensee | 2557 |
|
does not or cannot cure the conditions that caused the commission | 2558 |
|
to find the investor unsuitable or unqualified, the commission may | 2559 |
|
allow the investor or licensee more time to cure the conditions or | 2560 |
|
the commission may begin proceedings to deny, suspend, or revoke | 2561 |
|
the license of the casino operator, holding company, management | 2562 |
|
company, or gaming-related vendor in which the investor invested | 2563 |
|
or to deny any of the same the renewal of any such license. | 2564 |
| (F) Information provided on the application shall be used as | 2569 |
|
a basis for a thorough background investigation of each applicant. | 2570 |
|
A false or incomplete application is cause for denial of a license | 2571 |
|
by the commission. All applicants and licensees shall consent to | 2572 |
|
inspections, searches, and seizures and to the disclosure to the | 2573 |
|
commission and its agents of confidential records, including tax | 2574 |
|
records, held by any federal, state, or local agency, credit | 2575 |
|
bureau, or financial institution and to provide handwriting | 2576 |
|
exemplars, photographs, fingerprints, and information as | 2577 |
|
authorized in this chapter and in rules adopted by the commission. | 2578 |
| (D) Each application for a key employee license shall be on a | 2594 |
|
form prescribed by the commission and shall contain all | 2595 |
|
information required by the commission. The applicant shall set | 2596 |
|
forth in the application if the applicant has been issued prior | 2597 |
|
gambling-related licenses; if the applicant has been licensed in | 2598 |
|
any other state under any other name, and, if so, the name under | 2599 |
|
which the license was issued and the applicant's age at the time | 2600 |
|
the license was issued; any criminal conviction the applicant has | 2601 |
|
had; and if a permit or license issued to the applicant in any | 2602 |
|
other state has been suspended, restricted, or revoked, and, if | 2603 |
|
so, the cause and the duration of each action. | 2604 |
| (2) A casino operator, management company, or holding company | 2627 |
|
shall not pay to a person whose employment is terminated under | 2628 |
|
division (F)(1) of this section, any remuneration for any services | 2629 |
|
performed in any capacity in which the person is required to be | 2630 |
|
licensed, except for amounts due for services rendered before | 2631 |
|
notice was received under that division. A contract or other | 2632 |
|
agreement for personal services or for the conduct of any casino | 2633 |
|
gaming at a casino facility between a casino operator, management | 2634 |
|
company, or holding company and a person whose employment is | 2635 |
|
terminated under division (F)(1) of this section may be terminated | 2636 |
|
by the casino operator, management company, or holding company | 2637 |
|
without further liability on the part of the casino operator, | 2638 |
|
management company, or holding company. Any such contract or other | 2639 |
|
agreement is deemed to include a term authorizing its termination | 2640 |
|
without further liability on the part of the casino operator, | 2641 |
|
management company, or holding company upon receiving notice under | 2642 |
|
division (F)(1) of this section. That a contract or other | 2643 |
|
agreement does not expressly include such a term is not a defense | 2644 |
|
in any action brought to terminate the contract or other | 2645 |
|
agreement, and is not grounds for relief in any action brought | 2646 |
|
questioning termination of the contract or other agreement. | 2647 |
| (3) A casino operator, management company, or holding | 2648 |
|
company, without having obtained the prior approval of the | 2649 |
|
commission, shall not enter into any contract or other agreement | 2650 |
|
with a person who has been found unsuitable, who has been denied a | 2651 |
|
license, or whose license has been revoked under division (F)(1) | 2652 |
|
of this section, or with any business enterprise under the control | 2653 |
|
of such a person, after the date on which the casino operator, | 2654 |
|
management company, or holding company receives notice under that | 2655 |
|
division. | 2656 |
| (E) Confidential information received by the commission from | 2724 |
|
another jurisdiction relating to a person who holds, held, or has | 2725 |
|
applied for a license under this chapter is confidential and not | 2726 |
|
subject to disclosure as a public record under section 149.43 of | 2727 |
|
the Revised Code. The commission may share the information | 2728 |
|
referenced in this division with, or disclose the information to, | 2729 |
|
the inspector general, any appropriate prosecuting authority, any | 2730 |
|
law enforcement agency, or any other appropriate governmental or | 2731 |
|
licensing agency, if the agency that receives the information | 2732 |
|
complies with the same requirements regarding confidentiality as | 2733 |
|
those with which the commission must comply. | 2734 |
| Sec. 3772.17. (A) The upfront license fee to obtain a license | 2735 |
|
as a casino operator shall be fifty million dollars per casino | 2736 |
facility, whichand shall be paid upon each initial casino | 2737 |
|
operator's filing of its casino operator license application with | 2738 |
|
the commission. The upfront license fee, once paid to the | 2739 |
|
commission, shall be deposited into the economic development | 2740 |
|
programs fund, which is created in the state treasury. New casino | 2741 |
|
operator, management company, and holding company license and | 2742 |
|
renewal license fees shall be set by rule, subject to the review | 2743 |
|
of the joint committee on gaming and wagering. The fee charged by | 2744 |
|
this division shall not be assessed on the transfer of a casino | 2745 |
|
operator license to a new casino operator if approved by the | 2746 |
|
commission as set forth in section 3772.091 of the Revised Code. | 2747 |
| (C) Notwithstanding divisions (A) and (B) of this section, a | 2793 |
|
licensed casino operator may enter into one or more debt | 2794 |
|
transactions with affiliated companies provided the aggregate | 2795 |
|
amount of all such debt transactions at any one time does not | 2796 |
|
exceed ten million dollars. When a licensed casino operator | 2797 |
|
intends to enter into such a debt transaction with an affiliated | 2798 |
|
company, the licensed casino operator shall provide immediate | 2799 |
|
notification, in writing, to the commission. The commission is | 2800 |
|
entitled to require prior approval of the debt transaction if the | 2801 |
|
commission provides notice to the licensed casino operator within | 2802 |
|
seven days after receiving the notification. In determining | 2803 |
|
whether to approve such a debt transaction, the commission may | 2804 |
|
require the licensed casino operator to submit the information | 2805 |
|
specified in division (A) of this section. The commission may | 2806 |
|
adopt rules governing its review and approval of such debt | 2807 |
|
transactions. For the purposes of this division, "affiliated | 2808 |
|
companies" means any holding company or institutional investor or | 2809 |
|
any individual, partnership, corporation, association, trust, or | 2810 |
|
any other group of individuals, however organized, which directly | 2811 |
|
or indirectly owns, has the power or right to control, or holds | 2812 |
|
with the power to vote, an ownership interest in a licensed casino | 2813 |
|
operator. | 2814 |
(1) Offers, promises, or gives anything of value or benefit | 2855 |
to a person who is connected with the casino operator, management | 2856 |
company, holding company, or gaming-related vendor, including | 2857 |
their officers and employees, under an agreement to influence or | 2858 |
with the intent to influence the actions of the person to whom the | 2859 |
offer, promise, or gift was made in order to affect or attempt to | 2860 |
affect the outcome of a casino game or an official action of a | 2861 |
commission member; | 2862 |
(12)(10) Possesses a key or device designed for opening, | 2900 |
|
entering, or affecting the operation of a casino game, drop box, | 2901 |
|
or an electronic or a mechanical device connected with the casino | 2902 |
|
game or removing coins, tokens, chips, or other contents of a | 2903 |
|
casino game. This division does not apply to a casino operator, | 2904 |
|
management company, or gaming-related vendor or their agents and | 2905 |
|
employees in the course of agency or employment. | 2906 |
| (1) Offers, promises, or gives anything of value or benefit | 2923 |
|
to a person who is connected with the casino operator, management | 2924 |
|
company, holding company, or gaming-related vendor, including | 2925 |
|
their officers and employees, under an agreement to influence or | 2926 |
|
with the intent to influence the actions of the person to whom the | 2927 |
|
offer, promise, or gift was made in order to affect or attempt to | 2928 |
|
affect the outcome of a casino game or an official action of a | 2929 |
|
commission member, agent, or employee; | 2930 |
| (2) Solicits, accepts, or receives a promise of anything of | 2931 |
|
value or benefit while the person is connected with a casino, | 2932 |
|
including an officer or employee of a casino operator, management | 2933 |
|
company, or gaming-related vendor, under an agreement to influence | 2934 |
|
or with the intent to influence the actions of the person to | 2935 |
|
affect or attempt to affect the outcome of a casino game or an | 2936 |
|
official action of a commission member, agent, or employee; | 2937 |
| Sec. 5503.02. (A) The state highway patrol shall enforce the | 2941 |
|
laws of the state relating to the titling, registration, and | 2942 |
|
licensing of motor vehicles; enforce on all roads and highways, | 2943 |
|
notwithstanding section 4513.39 of the Revised Code, the laws | 2944 |
|
relating to the operation and use of vehicles on the highways; | 2945 |
|
enforce and prevent the violation of the laws relating to the | 2946 |
|
size, weight, and speed of commercial motor vehicles and all laws | 2947 |
|
designed for the protection of the highway pavements and | 2948 |
|
structures on the highways; investigate and enforce rules and laws | 2949 |
|
of the public utilities commission governing the transportation of | 2950 |
|
persons and property by motor carriers and report violations of | 2951 |
|
such rules and laws to the commission; enforce against any motor | 2952 |
|
transportation company as defined in section 4921.02 of the | 2953 |
|
Revised Code, any contract carrier by motor vehicle as defined in | 2954 |
|
section 4923.02 of the Revised Code, any private motor carrier as | 2955 |
|
defined in section 4923.20 of the Revised Code, and any motor | 2956 |
|
carrier as defined in section 4919.75 of the Revised Code those | 2957 |
|
rules and laws that, if violated, may result in a forfeiture as | 2958 |
|
provided in section 4905.83, 4919.99, 4921.99, or 4923.99 of the | 2959 |
|
Revised Code; investigate and report violations of all laws | 2960 |
|
relating to the collection of excise taxes on motor vehicle fuels; | 2961 |
|
and regulate the movement of traffic on the roads and highways of | 2962 |
|
the state, notwithstanding section 4513.39 of the Revised Code. | 2963 |
| The patrol, whenever possible, shall determine the identity | 2967 |
|
of the persons who are causing or who are responsible for the | 2968 |
|
breaking, damaging, or destruction of any improved surfaced | 2969 |
|
roadway, structure, sign, marker, guardrail, or other appurtenance | 2970 |
|
constructed or maintained by the department of transportation and | 2971 |
|
shall arrest the persons who are responsible for the breaking, | 2972 |
|
damaging, or destruction and bring them before the proper | 2973 |
|
officials for prosecution. | 2974 |
| State highway patrol troopers shall investigate and report | 2975 |
|
all motor vehicle accidents on all roads and highways outside of | 2976 |
|
municipal corporations. The superintendent of the patrol or any | 2977 |
|
state highway patrol trooper may arrest, without a warrant, any | 2978 |
|
person, who is the driver of or a passenger in any vehicle | 2979 |
|
operated or standing on a state highway, whom the superintendent | 2980 |
|
or trooper has reasonable cause to believe is guilty of a felony, | 2981 |
|
under the same circumstances and with the same power that any | 2982 |
|
peace officer may make such an arrest. | 2983 |
| The superintendent or any state highway patrol trooper may | 2984 |
|
enforce the criminal laws on all state properties and state | 2985 |
|
institutions, owned or leased by the state, and, when so ordered | 2986 |
|
by the governor in the event of riot, civil disorder, or | 2987 |
|
insurrection, may, pursuant to sections 2935.03 to 2935.05 of the | 2988 |
|
Revised Code, arrest offenders against the criminal laws wherever | 2989 |
|
they may be found within the state if the violations occurred | 2990 |
|
upon, or resulted in injury to person or property on, state | 2991 |
|
properties or state institutions, or under the conditions | 2992 |
|
described in division (B) of this section. | 2993 |
| (B) In the event of riot, civil disorder, or insurrection, or | 2994 |
|
the reasonable threat of riot, civil disorder, or insurrection, | 2995 |
|
and upon request, as provided in this section, of the sheriff of a | 2996 |
|
county or the mayor or other chief executive of a municipal | 2997 |
|
corporation, the governor may order the state highway patrol to | 2998 |
|
enforce the criminal laws within the area threatened by riot, | 2999 |
|
civil disorder, or insurrection, as designated by the governor, | 3000 |
|
upon finding that law enforcement agencies within the counties | 3001 |
|
involved will not be reasonably capable of controlling the riot, | 3002 |
|
civil disorder, or insurrection and that additional assistance is | 3003 |
|
necessary. In cities in which the sheriff is under contract to | 3004 |
|
provide exclusive police services pursuant to section 311.29 of | 3005 |
|
the Revised Code, in villages, and in the unincorporated areas of | 3006 |
|
the county, the sheriff has exclusive authority to request the use | 3007 |
|
of the patrol. In cities in which the sheriff does not exclusively | 3008 |
|
provide police services, the mayor, or other chief executive | 3009 |
|
performing the duties of mayor, has exclusive authority to request | 3010 |
|
the use of the patrol. | 3011 |
| (ii) Either the peace officer requests emergency assistance, | 3049 |
|
or it appears that the peace officer is unable to request | 3050 |
|
emergency assistance and the circumstances observed by the state | 3051 |
|
highway patrol trooper reasonably indicate that emergency | 3052 |
|
assistance is appropriate, or the peace officer requests emergency | 3053 |
|
assistance and in the request the peace officer specifies a | 3054 |
|
particular location and the state highway patrol trooper arrives | 3055 |
|
at that location prior to the time that the peace officer arrives | 3056 |
|
at that location and the circumstances observed by the state | 3057 |
|
highway patrol trooper reasonably indicate that emergency | 3058 |
|
assistance is appropriate. | 3059 |
| (F) The governor may order the state highway patrol to | 3117 |
|
undertake major criminal investigations that involve state | 3118 |
|
property interests. If an investigation undertaken pursuant to | 3119 |
|
this division results in either the issuance of a no bill or the | 3120 |
|
filing of an indictment, the superintendent shall file a complete | 3121 |
|
and accurate report of the investigation with the president of the | 3122 |
|
senate, the speaker of the house of representatives, the minority | 3123 |
|
leader of the senate, and the minority leader of the house of | 3124 |
|
representatives within fifteen days after the issuance of the no | 3125 |
|
bill or the filing of an indictment. If the investigation does not | 3126 |
|
have as its result any prosecutorial action, the superintendent | 3127 |
|
shall, upon reporting this fact to the governor, file a complete | 3128 |
|
and accurate report of the investigation with the president of the | 3129 |
|
senate, the speaker of the house of representatives, the minority | 3130 |
|
leader of the senate, and the minority leader of the house of | 3131 |
|
representatives. | 3132 |
| (A) "Person" means, but is not limited to, individuals, | 3145 |
|
combinations of individuals of any form, receivers, assignees, | 3146 |
|
trustees in bankruptcy, firms, companies, joint-stock companies, | 3147 |
|
business trusts, estates, partnerships, limited liability | 3148 |
|
partnerships, limited liability companies, associations, joint | 3149 |
|
ventures, clubs, societies, for-profit corporations, S | 3150 |
|
corporations, qualified subchapter S subsidiaries, qualified | 3151 |
|
subchapter S trusts, trusts, entities that are disregarded for | 3152 |
|
federal income tax purposes, and any other entities. | 3153 |
| (8) A person directly or indirectly owned by one or more | 3213 |
|
financial institutions, financial holding companies, bank holding | 3214 |
|
companies, or savings and loan holding companies described in | 3215 |
|
division (E)(3), (5), (6), or (7) of this section that is engaged | 3216 |
|
in activities permissible for a financial holding company under 12 | 3217 |
|
U.S.C. 1843(k), except that any such person held pursuant to | 3218 |
|
merchant banking authority under 12 U.S.C. 1843(k)(4)(H) or 12 | 3219 |
|
U.S.C. 1843(k)(4)(I) is not an excluded person, or a person | 3220 |
|
directly or indirectly owned by one or more insurance companies | 3221 |
|
described in division (E)(9) of this section that is authorized to | 3222 |
|
do the business of insurance in this state. | 3223 |
| (c) In the case of a partnership, trust, or other | 3235 |
|
unincorporated business organization other than a limited | 3236 |
|
liability company, one person owns the organization if, under the | 3237 |
|
articles of organization or other instrument governing the affairs | 3238 |
|
of the organization, that person has a beneficial interest in the | 3239 |
|
organization's profits, surpluses, losses, or distributions of | 3240 |
|
fifty per cent or more of the combined beneficial interests of all | 3241 |
|
persons having such an interest in the organization; | 3242 |
| (d) In the case of multiple ownership, the ownership | 3243 |
|
interests of more than one person may be aggregated to meet the | 3244 |
|
fifty per cent ownership tests in this division only when each | 3245 |
|
such owner is described in division (E)(3), (5), (6), or (7) of | 3246 |
|
this section and is engaged in activities permissible for a | 3247 |
|
financial holding company under 12 U.S.C. 1843(k) or is a person | 3248 |
|
directly or indirectly owned by one or more insurance companies | 3249 |
|
described in division (E)(9) of this section that is authorized to | 3250 |
|
do the business of insurance in this state. | 3251 |
| (11) Except as otherwise provided in this division, a | 3265 |
|
pre-income tax trust as defined in division (FF)(4) of section | 3266 |
|
5747.01 of the Revised Code and any pass-through entity of which | 3267 |
|
such pre-income tax trust owns or controls, directly, indirectly, | 3268 |
|
or constructively through related interests, more than five per | 3269 |
|
cent of the ownership or equity interests. If the pre-income tax | 3270 |
|
trust has made a qualifying pre-income tax trust election under | 3271 |
|
division (FF)(3) of section 5747.01 of the Revised Code, then the | 3272 |
|
trust and the pass-through entities of which it owns or controls, | 3273 |
|
directly, indirectly, or constructively through related interests, | 3274 |
|
more than five per cent of the ownership or equity interests, | 3275 |
|
shall not be excluded persons for purposes of the tax imposed | 3276 |
|
under section 5751.02 of the Revised Code. | 3277 |
| (c) Receipts from the sale, exchange, or other disposition of | 3301 |
|
an asset described in section 1221 or 1231 of the Internal Revenue | 3302 |
|
Code, without regard to the length of time the person held the | 3303 |
|
asset. Notwithstanding section 1221 of the Internal Revenue Code, | 3304 |
|
receipts from hedging transactions also are excluded to the extent | 3305 |
|
the transactions are entered into primarily to protect a financial | 3306 |
|
position, such as managing the risk of exposure to (i) foreign | 3307 |
|
currency fluctuations that affect assets, liabilities, profits, | 3308 |
|
losses, equity, or investments in foreign operations; (ii) | 3309 |
|
interest rate fluctuations; or (iii) commodity price fluctuations. | 3310 |
|
As used in division (F)(2)(c) of this section, "hedging | 3311 |
|
transaction" has the same meaning as used in section 1221 of the | 3312 |
|
Internal Revenue Code and also includes transactions accorded | 3313 |
|
hedge accounting treatment under statement of financial accounting | 3314 |
|
standards number 133 of the financial accounting standards board. | 3315 |
|
For the purposes of division (F)(2)(c) of this section, the actual | 3316 |
|
transfer of title of real or tangible personal property to another | 3317 |
|
entity is not a hedging transaction. | 3318 |
| (g) Compensation, whether current or deferred, and whether in | 3329 |
|
cash or in kind, received or to be received by an employee, former | 3330 |
|
employee, or the employee's legal successor for services rendered | 3331 |
|
to or for an employer, including reimbursements received by or for | 3332 |
|
an individual for medical or education expenses, health insurance | 3333 |
|
premiums, or employee expenses, or on account of a dependent care | 3334 |
|
spending account, legal services plan, any cafeteria plan | 3335 |
|
described in section 125 of the Internal Revenue Code, or any | 3336 |
|
similar employee reimbursement; | 3337 |
| (j) Gifts or charitable contributions received; membership | 3344 |
|
dues received by trade, professional, homeowners', or condominium | 3345 |
|
associations; and payments received for educational courses, | 3346 |
|
meetings, meals, or similar payments to a trade, professional, or | 3347 |
|
other similar association; and fundraising receipts received by | 3348 |
|
any person when any excess receipts are donated or used | 3349 |
|
exclusively for charitable purposes; | 3350 |
| (m) Tax refunds, other tax benefit recoveries, and | 3357 |
|
reimbursements for the tax imposed under this chapter made by | 3358 |
|
entities that are part of the same combined taxpayer or | 3359 |
|
consolidated elected taxpayer group, and reimbursements made by | 3360 |
|
entities that are not members of a combined taxpayer or | 3361 |
|
consolidated elected taxpayer group that are required to be made | 3362 |
|
for economic parity among multiple owners of an entity whose tax | 3363 |
|
obligation under this chapter is required to be reported and paid | 3364 |
|
entirely by one owner, pursuant to the requirements of sections | 3365 |
|
5751.011 and 5751.012 of the Revised Code; | 3366 |
| (w) Funds received or used by a mortgage broker that is not a | 3413 |
|
dealer in intangibles, other than fees or other consideration, | 3414 |
|
pursuant to a table-funding mortgage loan or warehouse-lending | 3415 |
|
mortgage loan. Terms used in division (F)(2)(w) of this section | 3416 |
|
have the same meanings as in section 1322.01 of the Revised Code, | 3417 |
|
except "mortgage broker" means a person assisting a buyer in | 3418 |
|
obtaining a mortgage loan for a fee or other consideration paid by | 3419 |
|
the buyer or a lender, or a person engaged in table-funding or | 3420 |
|
warehouse-lending mortgage loans that are first lien mortgage | 3421 |
|
loans. | 3422 |
| The applicant must substantiate to the commissioner's | 3467 |
|
satisfaction that, for the qualifying period, all persons | 3468 |
|
operating the distribution center have more than fifty per cent of | 3469 |
|
the cost of the qualified property shipped to a location such that | 3470 |
|
it would be sitused outside this state under the provisions of | 3471 |
|
division (E) of section 5751.033 of the Revised Code. The | 3472 |
|
applicant must also substantiate that the distribution center | 3473 |
|
cumulatively had costs from its suppliers equal to or exceeding | 3474 |
|
five hundred million dollars during the qualifying period. (For | 3475 |
|
purposes of division (F)(2)(z)(i)(VI) of this section, "supplier" | 3476 |
|
excludes any person that is part of the consolidated elected | 3477 |
|
taxpayer group, if applicable, of the operator of the qualified | 3478 |
|
distribution center.) The commissioner may require the applicant | 3479 |
|
to have an independent certified public accountant certify that | 3480 |
|
the calculation of the minimum thresholds required for a qualified | 3481 |
|
distribution center by the operator of a distribution center has | 3482 |
|
been made in accordance with generally accepted accounting | 3483 |
|
principles. The commissioner shall issue or deny the issuance of a | 3484 |
|
certificate within sixty days after the receipt of the | 3485 |
|
application. A denial is subject to appeal under section 5717.02 | 3486 |
|
of the Revised Code. If the operator files a timely appeal under | 3487 |
|
section 5717.02 of the Revised Code, the operator shall be granted | 3488 |
|
a qualifying certificate, provided that the operator is liable for | 3489 |
|
any tax, interest, or penalty upon amounts claimed as qualifying | 3490 |
|
distribution center receipts, other than those receipts exempt | 3491 |
|
under division (C)(1) of section 5751.011 of the Revised Code, | 3492 |
|
that would have otherwise not been owed by its suppliers if the | 3493 |
|
qualifying certificate was valid. | 3494 |
| (ii) If the distribution center is new and was not open for | 3500 |
|
the entire qualifying period, the operator of the distribution | 3501 |
|
center may request that the commissioner grant a qualifying | 3502 |
|
certificate. If the certificate is granted and it is later | 3503 |
|
determined that more than fifty per cent of the qualified property | 3504 |
|
during that year was not shipped to a location such that it would | 3505 |
|
be sitused outside of this state under the provisions of division | 3506 |
|
(E) of section 5751.033 of the Revised Code or if it is later | 3507 |
|
determined that the person that operates the distribution center | 3508 |
|
had average monthly costs from its suppliers of less than forty | 3509 |
|
million dollars during that year, then the operator of the | 3510 |
|
distribution center shall be liable for any tax, interest, or | 3511 |
|
penalty upon amounts claimed as qualifying distribution center | 3512 |
|
receipts, other than those receipts exempt under division (C)(1) | 3513 |
|
of section 5751.011 of the Revised Code, that would have not | 3514 |
|
otherwise been owed by its suppliers during the qualifying year if | 3515 |
|
the qualifying certificate was valid. (For purposes of division | 3516 |
|
(F)(2)(z)(ii) of this section, "supplier" excludes any person that | 3517 |
|
is part of the consolidated elected taxpayer group, if applicable, | 3518 |
|
of the operator of the qualified distribution center.) | 3519 |
| (iii) When filing an application for a qualifying certificate | 3520 |
|
under division (F)(2)(z)(i)(VI) of this section, the operator of a | 3521 |
|
qualified distribution center also shall provide documentation, as | 3522 |
|
the commissioner requires, for the commissioner to ascertain the | 3523 |
|
Ohio delivery percentage. The commissioner, upon issuing the | 3524 |
|
qualifying certificate, also shall certify the Ohio delivery | 3525 |
|
percentage. The operator of the qualified distribution center may | 3526 |
|
appeal the commissioner's certification of the Ohio delivery | 3527 |
|
percentage in the same manner as an appeal is taken from the | 3528 |
|
denial of a qualifying certificate under division (F)(2)(z)(i)(VI) | 3529 |
|
of this section. | 3530 |
| Within thirty days after all appeals have been exhausted, the | 3531 |
|
operator of the qualified distribution center shall notify the | 3532 |
|
affected suppliers of qualified property that such suppliers are | 3533 |
|
required to file, within sixty days after receiving notice from | 3534 |
|
the operator of the qualified distribution center, amended reports | 3535 |
|
for the impacted calendar quarter or quarters or calendar year, | 3536 |
|
whichever the case may be. Any additional tax liability or tax | 3537 |
|
overpayment shall be subject to interest but shall not be subject | 3538 |
|
to the imposition of any penalty so long as the amended returns | 3539 |
|
are timely filed. The supplier of tangible personal property | 3540 |
|
delivered to the qualified distribution center shall include in | 3541 |
|
its report of taxable gross receipts the receipts from the total | 3542 |
|
sales of property delivered to the qualified distribution center | 3543 |
|
for the calendar quarter or calendar year, whichever the case may | 3544 |
|
be, multiplied by the Ohio delivery percentage for the qualifying | 3545 |
|
year. Nothing in division (F)(2)(z)(iii) of this section shall be | 3546 |
|
construed as imposing liability on the operator of a qualified | 3547 |
|
distribution center for the tax imposed by this chapter arising | 3548 |
|
from any change to the Ohio delivery percentage. | 3549 |
| (iv) In the case where the distribution center is new and not | 3550 |
|
open for the entire qualifying period, the operator shall make a | 3551 |
|
good faith estimate of an Ohio delivery percentage for use by | 3552 |
|
suppliers in their reports of taxable gross receipts for the | 3553 |
|
remainder of the qualifying period. The operator of the facility | 3554 |
|
shall disclose to the suppliers that such Ohio delivery percentage | 3555 |
|
is an estimate and is subject to recalculation. By the due date of | 3556 |
|
the next application for a qualifying certificate, the operator | 3557 |
|
shall determine the actual Ohio delivery percentage for the | 3558 |
|
estimated qualifying period and proceed as provided in division | 3559 |
|
(F)(2)(z)(iii) of this section with respect to the calculation and | 3560 |
|
recalculation of the Ohio delivery percentage. The supplier is | 3561 |
|
required to file, within sixty days after receiving notice from | 3562 |
|
the operator of the qualified distribution center, amended reports | 3563 |
|
for the impacted calendar quarter or quarters or calendar year, | 3564 |
|
whichever the case may be. Any additional tax liability or tax | 3565 |
|
overpayment shall be subject to interest but shall not be subject | 3566 |
|
to the imposition of any penalty so long as the amended returns | 3567 |
|
are timely filed. | 3568 |
| (v) Qualifying certificates and Ohio delivery percentages | 3569 |
|
issued by the commissioner shall be open to public inspection and | 3570 |
|
shall be timely published by the commissioner. A supplier relying | 3571 |
|
in good faith on a certificate issued under this division shall | 3572 |
|
not be subject to tax on the qualifying distribution center | 3573 |
|
receipts under division (F)(2)(z) of this section. A person | 3574 |
|
receiving a qualifying certificate is responsible for paying the | 3575 |
|
tax, interest, and penalty upon amounts claimed as qualifying | 3576 |
|
distribution center receipts that would not otherwise have been | 3577 |
|
owed by the supplier if the qualifying certificate were available | 3578 |
|
when it is later determined that the qualifying certificate should | 3579 |
|
not have been issued because the statutory requirements were in | 3580 |
|
fact not met. | 3581 |
| (vi) The annual fee for a qualifying certificate shall be one | 3582 |
|
hundred thousand dollars for each qualified distribution center. | 3583 |
|
If a qualifying certificate is not issued, the annual fee is | 3584 |
|
subject to refund after the exhaustion of all appeals provided for | 3585 |
|
in division (F)(2)(z)(i)(VI) of this section. The fee imposed | 3586 |
|
under this division may be assessed in the same manner as the tax | 3587 |
|
imposed under this chapter. The first one hundred thousand dollars | 3588 |
|
of the annual application fees collected each calendar year shall | 3589 |
|
be credited to the commercial activity tax administrative fund. | 3590 |
|
The remainder of the annual application fees collected shall be | 3591 |
|
distributed in the same manner required under section 5751.20 of | 3592 |
|
the Revised Code. | 3593 |
| (dd) Bad debts from receipts on the basis of which the tax | 3605 |
|
imposed by this chapter was paid in a prior quarterly tax payment | 3606 |
|
period. For the purpose of this division, "bad debts" means any | 3607 |
|
debts that have become worthless or uncollectible between the | 3608 |
|
preceding and current quarterly tax payment periods, have been | 3609 |
|
uncollected for at least six months, and that may be claimed as a | 3610 |
|
deduction under section 166 of the Internal Revenue Code and the | 3611 |
|
regulations adopted under that section, or that could be claimed | 3612 |
|
as such if the taxpayer kept its accounts on the accrual basis. | 3613 |
|
"Bad debts" does not include repossessed property, uncollectible | 3614 |
|
amounts on property that remains in the possession of the taxpayer | 3615 |
|
until the full purchase price is paid, or expenses in attempting | 3616 |
|
to collect any account receivable or for any portion of the debt | 3617 |
|
recovered; | 3618 |
| (I) "Qualified uranium receipts" means receipts from the | 3632 |
|
sale, exchange, lease, loan, production, processing, or other | 3633 |
|
disposition of uranium within a uranium enrichment zone certified | 3634 |
|
by the tax commissioner under division (F)(2)(hh)(ii) of this | 3635 |
|
section. "Qualified uranium receipts" does not include any | 3636 |
|
receipts with a situs in this state outside a uranium enrichment | 3637 |
|
zone certified by the tax commissioner under division | 3638 |
|
(F)(2)(hh)(ii) of this section. | 3639 |
| (ii) Any person that owns, leases, or operates real or | 3645 |
|
tangible personal property constituting or located within a | 3646 |
|
uranium enrichment zone may apply to the tax commissioner to have | 3647 |
|
the uranium enrichment zone certified for the purpose of excluding | 3648 |
|
qualified uranium receipts under division (F)(2)(hh) of this | 3649 |
|
section. The application shall include such information that the | 3650 |
|
tax commissioner prescribes. Within sixty days after receiving the | 3651 |
|
application, the tax commissioner shall certify the zone for that | 3652 |
|
purpose if the commissioner determines that the property qualifies | 3653 |
|
as a uranium enrichment zone as defined in division (F)(2)(hh) of | 3654 |
|
this section, or, if the tax commissioner determines that the | 3655 |
|
property does not qualify, the commissioner shall deny the | 3656 |
|
application or request additional information from the applicant. | 3657 |
|
If the tax commissioner denies an application, the commissioner | 3658 |
|
shall state the reasons for the denial. The applicant may appeal | 3659 |
|
the denial of an application to the board of tax appeals pursuant | 3660 |
|
to section 5717.02 of the Revised Code. If the applicant files a | 3661 |
|
timely appeal, the tax commissioner shall conditionally certify | 3662 |
|
the applicant's property. The conditional certification shall | 3663 |
|
expire when all of the applicant's appeals are exhausted. Until | 3664 |
|
final resolution of the appeal, the applicant shall retain the | 3665 |
|
applicant's records in accordance with section 5751.12 of the | 3666 |
|
Revised Code, notwithstanding any time limit on the preservation | 3667 |
|
of records under that section. | 3668 |
| (ii) Amounts realized by licensed motor fuel dealers or | 3669 |
|
licensed permissive motor fuel dealers from the exchange of | 3670 |
|
petroleum products, including motor fuel, between such dealers, | 3671 |
|
provided that delivery of the petroleum products occurs at a | 3672 |
|
refinery, terminal, pipeline, or marine vessel and that the | 3673 |
|
exchanging dealers agree neither dealer shall require monetary | 3674 |
|
compensation from the other for the value of the exchanged | 3675 |
|
petroleum products other than such compensation for differences in | 3676 |
|
product location or grade. Division (F)(2)(ii) of this section | 3677 |
|
does not apply to amounts realized as a result of differences in | 3678 |
|
location or grade of exchanged petroleum products or from | 3679 |
|
handling, lubricity, dye, or other additive injections fees, | 3680 |
|
pipeline security fees, or similar fees. As used in this division, | 3681 |
|
"motor fuel," "licensed motor fuel dealer," "licensed permissive | 3682 |
|
motor fuel dealer," and "terminal" have the same meanings as in | 3683 |
|
section 5735.01 of the Revised Code. | 3684 |
| (2) Bad debts from receipts on the basis of which the tax | 3805 |
|
imposed by this chapter was paid in a prior tax period. For the | 3806 |
|
purpose of this division, "bad debts" means any debts that have | 3807 |
|
become worthless or uncollectible between the preceding and | 3808 |
|
current tax periods, have been uncollected for at least six | 3809 |
|
months, and that may be claimed as a deduction under section 166 | 3810 |
|
of the Internal Revenue Code and the regulations adopted under | 3811 |
|
that section, or that could be claimed as such if the taxpayer | 3812 |
|
kept its accounts on the accrual basis. "Bad debts" does not | 3813 |
|
include repossessed property, uncollectible amounts on property | 3814 |
|
that remains in the possession of the casino operator until the | 3815 |
|
full purchase price is paid, or expenses in attempting to collect | 3816 |
|
any account receivable or for any portion of the debt recovered. | 3817 |
| Section 2. That existing sections 111.15, 122.014, 2923.31, | 3895 |
|
3301.0714, 3769.089, 3770.02, 3770.03, 3770.05, 3770.21, 3772.01, | 3896 |
|
3772.04, 3772.07, 3772.091, 3772.10, 3772.13, 3772.16, 3772.17, | 3897 |
|
3772.28, 3772.99, 5503.02, 5751.01, 5753.01, and 5753.03 of the | 3898 |
|
Revised Code are hereby repealed. | 3899 |
| (B) Of the foregoing appropriation item 195526, Ohio | 3913 |
|
Workforce Job Training, up to $20,000,000 in fiscal year 2012 and | 3914 |
|
up to $30,000,000 in fiscal year 2013 shall be used to support the | 3915 |
|
Ohio Incumbent Workforce Training Voucher Program. Any unexpended | 3916 |
|
and unencumbered portion of the appropriation item remaining at | 3917 |
|
the end of fiscal year 2012 is hereby appropriated for the same | 3918 |
|
purpose in fiscal year 2013. The Director of Development and the | 3919 |
|
Chief Investment Officer of JobsOhio may enter into an agreement | 3920 |
|
to operate the program pursuant to the contract between the | 3921 |
|
Department of Development and JobsOhio under section 187.04 of the | 3922 |
|
Revised Code. The agreement may include a provision for granting, | 3923 |
|
loaning, or transferring funds from appropriation item 195526, | 3924 |
|
Ohio Incumbent Workforce Job Training, to JobsOhio to provide | 3925 |
|
training for incumbent workers. | 3926 |
| The foregoing appropriation item 195622, Defense Development | 3950 |
|
Assistance, shall be used for economic development programs and | 3951 |
|
the creation of new jobs to leverage and support mission gains at | 3952 |
|
Department of Defense facilities in Ohio by working with future | 3953 |
|
base realignment and closure activities and ongoing Department of | 3954 |
|
Defense efficiency initiatives, assisting efforts to secure | 3955 |
|
Department of Defense support contracts for Ohio companies, | 3956 |
|
assessing and supporting regional job training and workforce | 3957 |
|
development needs generated by the Department of Defense and the | 3958 |
|
Ohio aerospace industry, and for expanding job training and | 3959 |
|
economic development programs in human performance related | 3960 |
|
initiatives. These funds shall be matched by private industry | 3961 |
|
partners or the Department of Defense in an aggregate amount of | 3962 |
|
$6,000,000 over the FY 2012-FY 2013 biennium. | 3963 |
| (B) The State Racing Commission, subject to division (D) of | 3985 |
|
this section, shall give preference to transfer proposals | 3986 |
|
involving moves to locations in which neither horse-racing | 3987 |
|
meetings nor casino gaming have been authorized before July 1, | 3988 |
|
2011. A permit holder that is authorized to transfer its track | 3989 |
|
under this section and that is a video lottery sales agent may | 3990 |
|
operate at a temporary facility at its new location while | 3991 |
|
constructing or otherwise preparing its new track at that | 3992 |
|
location. A permit holder that is not transferring its track and | 3993 |
|
is remaining at its permitted location and that is a video lottery | 3994 |
|
sales agent may operate a temporary facility at its permitted | 3995 |
|
location while constructing or otherwise preparing its permanent | 3996 |
|
video lottery terminal facility at its track. A temporary | 3997 |
|
facility, either at a new track location or an existing track | 3998 |
|
location of a track that does not transfer its track, shall meet | 3999 |
|
any minimal capital investment and structure requirements | 4000 |
|
established by rule by the State Racing Commission in conjunction | 4001 |
|
with the State Lottery Commission. | 4002 |
| Section 8. (A) The Governor is authorized to execute a deed | 4043 |
|
in the name of the state conveying to Lebanon Trotting Club, Inc., | 4044 |
|
and Miami Valley Trotting, Inc., the holders of pari-mutuel racing | 4045 |
|
permits issued by the State Racing Commission, or to their | 4046 |
|
respective successors and assigns (hereinafter collectively | 4047 |
|
referred to as the "grantee"), all of the state's right, title, | 4048 |
|
and interest in the following described real estate: | 4049 |
| Situated in Turtlecreek Township, City of Lebanon, County of | 4050 |
|
Warren, State of Ohio and being part of Warren County Parcel Nos. | 4051 |
|
11064000140 and 12363000030, which land is situated at the | 4052 |
|
northeast corner of the intersection of State Route 63 and Union | 4053 |
|
Road, and is bounded to the west by Union Road, to the south by | 4054 |
|
Route 63, and to the east by a private roadway used by the | 4055 |
|
Department of Rehabilitation and Correction for ingress and egress | 4056 |
|
from Route 63 to the Lebanon Correctional Institution's dairy | 4057 |
|
barn. The northerly boundary shall be established by a survey | 4058 |
|
designed to ensure that the land to be conveyed does not exceed | 4059 |
|
one hundred twenty acres. | 4060 |
| (H) The Auditor of State, with the assistance of the Attorney | 4101 |
|
General, shall prepare a deed to the real estate. The deed shall | 4102 |
|
state the consideration and the conditions. The deed shall be | 4103 |
|
executed by the Governor in the name of the state, countersigned | 4104 |
|
by the Secretary of State, sealed with the Great Seal of the | 4105 |
|
State, presented in the Office of the Auditor of State for | 4106 |
|
recording, and delivered to the grantee. The grantee shall present | 4107 |
|
the deed for recording in the Office of the Warren County | 4108 |
|
Recorder. | 4109 |
| (C) There is hereby created in the state treasury the | 4126 |
|
Racetrack Facility Community Economic Redevelopment Fund into | 4127 |
|
which shall be deposited moneys as specified by this section and | 4128 |
|
rules promulgated by the State Racing Commission. The fund shall | 4129 |
|
be used for repurposing or demolishing of an abandoned | 4130 |
|
horse-racing facility or reinvestment in the area, neighborhood, | 4131 |
|
and community near an abandoned facility. Any remaining funds | 4132 |
|
shall be transferred to the General Revenue Fund. Upon the | 4133 |
|
allocation of all the money in the fund in accordance with this | 4134 |
|
section, the fund shall cease to exist. | 4135 |
| (D) The Director of Development or any successor department | 4136 |
|
or agency shall oversee and administer the Racetrack Facility | 4137 |
|
Community Economic Redevelopment Fund for the purpose of the | 4138 |
|
repurposing or demolishing of an abandoned horse-racing facility | 4139 |
|
or reinvestment in the area, neighborhood, and community near an | 4140 |
|
abandoned facility through loans and grants. The Director shall | 4141 |
|
provide guidelines for racetrack facility community economic | 4142 |
|
development projects in the state. Projects may include, but are | 4143 |
|
not limited to, site planning, site certification, structure | 4144 |
|
demolition, physical site redevelopment, relocation of utilities, | 4145 |
|
or construction. Projects shall not incorporate acquisition and | 4146 |
|
related expense. Moneys in the fund may be used to pay reasonable | 4147 |
|
costs incurred by the Director in administering this section. | 4148 |
| Section 10. Notwithstanding any provision in law to the | 4162 |
|
contrary, the Director of Alcohol and Drug Addiction Services | 4163 |
|
shall complete a study to identify the current status of gaming | 4164 |
|
addiction problems within the state. In fiscal year 2013, the | 4165 |
|
Director may certify to the Director of Budget and Management the | 4166 |
|
cost, not exceeding two hundred fifty thousand dollars, incurred | 4167 |
|
by the Department of Alcohol and Drug Addiction Services in | 4168 |
|
conducting the gaming addiction study. In response to receiving | 4169 |
|
this certification, the Director of Budget and Management may | 4170 |
|
transfer the cost of the study in cash to the Problem Casino and | 4171 |
|
Gambling Addictions Fund (Fund 5JL0) to reimburse the fund for | 4172 |
|
costs incurred in conducting the study. | 4173 |