Section 1. That sections 111.15, 122.014, 173.121, 2505.09, | 23 |
2505.12, 2915.01, 2915.02, 2915.06, 2915.08, 2915.09, 2915.091, | 24 |
2915.092, 2915.093, 2915.094, 2915.10, 2915.101, 2915.12, 2923.31, | 25 |
2933.51, 3301.0714, 3769.08, 3769.087, 3769.089, 3770.02, 3770.03, | 26 |
3770.05, 3770.07, 3770.071, 3770.21, 3772.01, 3772.03, 3772.04, | 27 |
3772.091, 3772.10, 3772.13, 3772.16, 3772.17, 3772.28, 3772.99, | 28 |
4301.03, 4303.17, 5753.01, and 5753.03 be amended and sections | 29 |
121.421, 2505.122, 2915.18, and 3770.22 of the Revised Code be | 30 |
enacted to read as follows: | 31 |
(1) "Rule" includes any rule, regulation, bylaw, or standard | 33 |
having a general and uniform operation adopted by an agency under | 34 |
the authority of the laws governing the agency; any appendix to a | 35 |
rule; and any internal management rule. "Rule" does not include | 36 |
any guideline adopted pursuant to section 3301.0714 of the Revised | 37 |
Code, any order respecting the duties of employees, any finding, | 38 |
any determination of a question of law or fact in a matter | 39 |
presented to an agency, or any rule promulgated pursuant to | 40 |
Chapter 119., section 4141.14, division (C)(1) or (2) of section | 41 |
5117.02, or section 5703.14 of the Revised Code. "Rule" includes | 42 |
any amendment or rescission of a rule. | 43 |
(2) "Agency" means any governmental entity of the state and | 44 |
includes, but is not limited to, any board, department, division, | 45 |
commission, bureau, society, council, institution, state college | 46 |
or university, community college district, technical college | 47 |
district, or state community college. "Agency" does not include | 48 |
the general assembly, the controlling board, the adjutant | 49 |
general's department, or any court. | 50 |
An agency that adopts or amends a rule that is subject to | 68 |
division (D) of this section shall assign a review date to the | 69 |
rule that is not later than five years after its effective date. | 70 |
If no review date is assigned to a rule, or if a review date | 71 |
assigned to a rule exceeds the five-year maximum, the review date | 72 |
for the rule is five years after its effective date. A rule with a | 73 |
review date is subject to review under section 119.032 of the | 74 |
Revised Code. This paragraph does not apply to a rule of a state | 75 |
college or university, community college district, technical | 76 |
college district, or state community college. | 77 |
(2) A rule of an emergency nature necessary for the immediate | 92 |
preservation of the public peace, health, or safety shall state | 93 |
the reasons for the necessity. The emergency rule, in final form | 94 |
and in compliance with division (B)(3) of this section, shall be | 95 |
filed in electronic form with the secretary of state, the director | 96 |
of the legislative service commission, and the joint committee on | 97 |
agency rule review. The emergency rule is effective immediately | 98 |
upon completion of the latest filing, except that if the agency in | 99 |
adopting the emergency rule designates an effective date, or date | 100 |
and time of day, that is later than the effective date and time | 101 |
provided for by division (B)(2) of this section, the emergency | 102 |
rule if filed as required by such division shall become effective | 103 |
at the later date, or later date and time of day, designated by | 104 |
the agency. | 105 |
(D) At least sixty-five days before a board, commission, | 142 |
department, division, or bureau of the government of the state | 143 |
files a rule under division (B)(1) of this section, it shall file | 144 |
the full text of the proposed rule in electronic form with the | 145 |
joint committee on agency rule review, and the proposed rule is | 146 |
subject to legislative review and invalidation under division (I) | 147 |
of section 119.03 of the Revised Code. If a state board, | 148 |
commission, department, division, or bureau makes a substantive | 149 |
revision in a proposed rule after it is filed with the joint | 150 |
committee, the state board, commission, department, division, or | 151 |
bureau shall promptly file the full text of the proposed rule in | 152 |
its revised form in electronic form with the joint committee. The | 153 |
latest version of a proposed rule as filed with the joint | 154 |
committee supersedes each earlier version of the text of the same | 155 |
proposed rule. Except as provided in division (F) of this section, | 156 |
a state board, commission, department, division, or bureau shall | 157 |
also file the rule summary and fiscal analysis prepared under | 158 |
section 127.18 of the Revised Code in electronic form along with a | 159 |
proposed rule, and along with a proposed rule in revised form, | 160 |
that is filed under this division. If a proposed rule has an | 161 |
adverse impact on businesses, the state board, commission, | 162 |
department, division, or bureau also shall file the business | 163 |
impact analysis, any recommendations received from the common | 164 |
sense initiative office, and the associated memorandum of | 165 |
response, if any, in electronic form along with the proposed rule, | 166 |
or the proposed rule in revised form, that is filed under this | 167 |
division. | 168 |
(E) Whenever a state board, commission, department, division, | 208 |
or bureau files a proposed rule or a proposed rule in revised form | 209 |
under division (D) of this section, it shall also file the full | 210 |
text of the same proposed rule or proposed rule in revised form in | 211 |
electronic form with the secretary of state and the director of | 212 |
the legislative service commission. Except as provided in division | 213 |
(F) of this section, a state board, commission, department, | 214 |
division, or bureau shall file the rule summary and fiscal | 215 |
analysis prepared under section 127.18 of the Revised Code in | 216 |
electronic form along with a proposed rule or proposed rule in | 217 |
revised form that is filed with the secretary of state or the | 218 |
director of the legislative service commission. | 219 |
(B) The inspector general and each deputy inspector may | 237 |
administer oaths, examine witnesses under oath, and issue | 238 |
subpoenas and subpoenas duces tecum to compel the attendance of | 239 |
witnesses and the production of all kinds of books, records, | 240 |
papers, and tangible things. Upon the refusal of a witness to be | 241 |
sworn or to answer any question put to the witness, or if a person | 242 |
disobeys a subpoena, the inspector general shall apply to the | 243 |
court of common pleas for a contempt order, as in the case of | 244 |
disobedience to the requirements of a subpoena issued from the | 245 |
court of common pleas, or a refusal to testify in the court. | 246 |
(B) The department of development or any other entity that | 265 |
administers any program or development project established under | 266 |
Chapter 122., 166., or 184. of the Revised Code or in sections | 267 |
149.311, 5709.87, or 5709.88 of the Revised Code shall not provide | 268 |
any financial assistance, including loans, tax credits, and | 269 |
grants, staffing assistance, technical support, or other | 270 |
assistance to businesses conducting gaming activities or for | 271 |
project sites on which gaming activities are or will be conducted. | 272 |
Sec. 2505.09. Except as provided in section 2505.11 or | 297 |
2505.12 or another section of the Revised Code or in applicable | 298 |
rules governing courts, the perfection of an appeal, including an | 299 |
administrative-related appeal, does not operate as a stay of | 300 |
execution until a stay of execution has been obtained pursuant to | 301 |
the Rules of Appellate Procedure or in another applicable manner, | 302 |
and a supersedeas bond is executed by the appellant to the | 303 |
appellee, with sufficient sureties and, subject to section | 304 |
2505.122 of the Revised Code, in a sum that is not less than, if | 305 |
applicable, the cumulative total for all claims covered by the | 306 |
final order, judgment, or decree and interest involved, except | 307 |
that the bond shall not exceed fifty million dollars excluding | 308 |
interest and costs, as directed by the court that rendered the | 309 |
final order, judgment, or decree that is sought to be superseded | 310 |
or by the court to which the appeal is taken. That bond shall be | 311 |
conditioned as provided in section 2505.14 of the Revised Code. | 312 |
Sec. 2505.122. Any appellant who obtains a stay of execution | 326 |
pending the appeal of a final order, adjudication, or decision | 327 |
pursuant to section 2506.01 of the Revised Code shall | 328 |
simultaneously execute a supersedeas bond to the appellee with | 329 |
sufficient sureties and in an amount established in section | 330 |
2505.09 of the Revised Code. In establishing the amount of the | 331 |
bond, the court shall give great weight and due consideration to | 332 |
the reasonable value of the matter at issue in the final order, | 333 |
adjudication, or decision, the circumstances giving rise to the | 334 |
appeal, and the economic impact of other consequences of delay to | 335 |
the appellee and to those prevented from taking action that was | 336 |
permitted by the final order, adjudication, or decision. | 337 |
(H) Except as otherwise provided in this chapter, "charitable | 382 |
organization" means any tax exempt religious, educational, | 383 |
veteran's, fraternal, sporting, service, nonprofit medical, | 384 |
volunteer rescue service, volunteer firefighter's, senior | 385 |
citizen's, historic railroad educational, youth athletic, amateur | 386 |
athletic, or youth athletic park organization. An organization is | 387 |
tax exempt if the organization iseither of the following: | 388 |
To qualify as a "charitable organization," an organization, | 402 |
except a volunteer rescue service or volunteer firefighter's | 403 |
organization, shall have been in continuous existence as such in | 404 |
this state for a period of two years immediately preceding either | 405 |
the making of an application for a bingo license under section | 406 |
2915.08 of the Revised Code or the conducting of any game of | 407 |
chance as provided in division (D) of section 2915.02 of the | 408 |
Revised Code. A charitable organization that is exempt from | 409 |
federal income taxation under subsection 501(a) and described in | 410 |
subsection 501(c)(3) of the Internal Revenue Code and that is | 411 |
created by a veteran's organization, a fraternal organization, or | 412 |
a sporting organization does not have to have been in continuous | 413 |
existence as such in this state for a period of two years | 414 |
immediately preceding either the making of an application for a | 415 |
bingo license under section 2915.08 of the Revised Code or the | 416 |
conducting of any game of chance as provided in division (D) of | 417 |
section 2915.02 of the Revised Code. | 418 |
(K) "Veteran's organization" means any individual post or | 428 |
state headquarters of a national veteran's association or an | 429 |
auxiliary unit of any individual post of a national veteran's | 430 |
association, which post, state headquarters, or auxiliary unit is | 431 |
incorporated as a nonprofit corporation and either has received a | 432 |
letter from the state headquarters of the national veteran's | 433 |
association indicating that the individual post or auxiliary unit | 434 |
is in good standing with the national veteran's association or has | 435 |
received a letter from the national veteran's association | 436 |
indicating that the state headquarters is in good standing with | 437 |
the national veteran's association. As used in this division, | 438 |
"national veteran's association" means any veteran's association | 439 |
that has been in continuous existence as such for a period of at | 440 |
least five years and either is incorporated by an act of the | 441 |
United States congress or has a national dues-paying membership of | 442 |
at least five thousand persons. | 443 |
(1) Any organization, not organized for profit, that is | 461 |
organized and operated exclusively to provide, or to contribute to | 462 |
the support of organizations or institutions organized and | 463 |
operated exclusively to provide, medical and therapeutic services | 464 |
for persons who are crippled, born with birth defects, or have any | 465 |
other mental or physical defect or those organized and operated | 466 |
exclusively to protect, or to contribute to the support of | 467 |
organizations or institutions organized and operated exclusively | 468 |
to protect, animals from inhumane treatment or provide immediate | 469 |
shelter to victims of domestic violence; | 470 |
(2) Any organization that is described in subsection | 471 |
509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code | 472 |
and is either a governmental unit or an organization that is tax | 473 |
exempt under subsection 501(a) and described in subsection | 474 |
501(c)(3) of the Internal Revenue Code and that is an | 475 |
organization, not organized for profit, that is organized and | 476 |
operated primarily to provide, or to contribute to the support of | 477 |
organizations or institutions organized and operated primarily to | 478 |
provide, medical and therapeutic services for persons who are | 479 |
crippled, born with birth defects, or have any other mental or | 480 |
physical defect. | 481 |
(U)(Q) "Bingo game operator" means any person, except | 539 |
security personnel, who performs work or labor at the site of | 540 |
bingo, including, but not limited to, collecting money from | 541 |
participants, handing out bingo cards or sheets or objects to | 542 |
cover spaces on bingo cards or sheets, selecting from a receptacle | 543 |
the objects that contain the combination of letters and numbers | 544 |
that appear on bingo cards or sheets, calling out the combinations | 545 |
of letters and numbers, distributing prizes, selling or redeeming | 546 |
instant bingo tickets or cards, supervising the operation of a | 547 |
punch board, selling raffle tickets, selecting raffle tickets from | 548 |
a receptacle and announcing the winning numbers in a raffle, and | 549 |
preparing, selling, and serving food or beverages. | 550 |
(2) A veteran's organization that is a post, chapter, or | 591 |
organization of veterans, or an auxiliary unit or society of, or a | 592 |
trust or foundation for, any such post, chapter, or organization | 593 |
organized in the United States or any of its possessions, at least | 594 |
seventy-five per cent of the members of which are veterans and | 595 |
substantially all of the other members of which are individuals | 596 |
who are spouses, widows, or widowers of veterans, or such | 597 |
individuals, provided that no part of the net earnings of such | 598 |
post, chapter, or organization inures to the benefit of any | 599 |
private shareholder or individual, and further provided that the | 600 |
net profit is used by the post, chapter, or organization for the | 601 |
charitable purposes set forth in division (B)(12) of section | 602 |
5739.02 of the Revised Code, is used for awarding scholarships to | 603 |
or for attendance at an institution mentioned in division (B)(12) | 604 |
of section 5739.02 of the Revised Code, is donated to a | 605 |
governmental agency, or is used for nonprofit youth activities, | 606 |
the purchase of United States or Ohio flags that are donated to | 607 |
schools, youth groups, or other bona fide nonprofit organizations, | 608 |
promotion of patriotism, or disaster relief; | 609 |
(BB)(X) "Youth athletic organization" means any organization, | 623 |
not organized for profit, that is organized and operated | 624 |
exclusively to provide financial support to, or to operate, | 625 |
athletic activities for persons who are twenty-one years of age or | 626 |
younger by means of sponsoring, organizing, operating, or | 627 |
contributing to the support of an athletic team, club, league, or | 628 |
association. | 629 |
(a) The playing fields are used at least one hundred days per | 635 |
year for athletic activities by one or more organizations, not | 636 |
organized for profit, each of which is organized and operated | 637 |
exclusively to provide financial support to, or to operate, | 638 |
athletic activities for persons who are eighteen years of age or | 639 |
younger by means of sponsoring, organizing, operating, or | 640 |
contributing to the support of an athletic team, club, league, or | 641 |
association. | 642 |
(FF)(AA) "Instant bingo" means a form of bingo that uses | 664 |
shall use folded or banded tickets or paper cards with perforated | 665 |
break-open tabs, a face of which is covered or otherwise hidden | 666 |
from view to conceal a number, letter, or symbol, or set of | 667 |
numbers, letters, or symbols, some of which have been designated | 668 |
in advance as prize winners. "Instant bingo" includes seal cards, | 669 |
and may also include games in which some winners are determined by | 670 |
the random selection of one or more bingo numbers by the use of a | 671 |
seal card or bingo blower. In all "instant bingo" the prize amount | 672 |
and structure shall be predetermined. "Instant bingo" does not | 673 |
include any device that is activated by the insertion of a coin, | 674 |
currency, token, or an equivalent, and that contains as one of its | 675 |
components a video display monitor that is capable of displaying | 676 |
numbers, letters, symbols, or characters in winning or losing | 677 |
combinations. | 678 |
(II)(DD) "Punch board" means a board containing a number of | 698 |
holes or receptacles of uniform size in which are placed, | 699 |
mechanically and randomly, serially numbered slips of paper that | 700 |
may be punched or drawn from the hole or receptacle when used in | 701 |
conjunction with instant bingo. A player may punch or draw the | 702 |
numbered slips of paper from the holes or receptacles and obtain | 703 |
the prize established for the game if the number drawn corresponds | 704 |
to a winning number or, if the punch board includes the use of a | 705 |
seal card, a potential winning number. | 706 |
(XX)(SS) "Charitable instant bingo organization" means an | 816 |
organization that is exempt from federal income taxation under | 817 |
subsection 501(a) and described in subsection 501(c)(3) of the | 818 |
Internal Revenue Code and is a charitable organization as defined | 819 |
in this section. A "charitable instant bingo organization" does | 820 |
not include a charitable organization that is exempt from federal | 821 |
income taxation under subsection 501(a) and described in | 822 |
subsection 501(c)(3) of the Internal Revenue Code and that is | 823 |
created by a veteran's organization, a fraternal organization, or | 824 |
a sporting organization in regards to bingo conducted or assisted | 825 |
by a veteran's organization, a fraternal organization, or a | 826 |
sporting organization pursuant to section 2915.13 of the Revised | 827 |
Code. | 828 |
(ZZ) "Historic railroad educational organization" means an | 843 |
organization that is exempt from federal income taxation under | 844 |
subsection 501(a) and described in subsection 501(c)(3) of the | 845 |
Internal Revenue Code, that owns in fee simple the tracks and the | 846 |
right-of-way of a historic railroad that the organization restores | 847 |
or maintains and on which the organization provides excursions as | 848 |
part of a program to promote tourism and educate visitors | 849 |
regarding the role of railroad transportation in Ohio history, and | 850 |
that received as donations from a charitable organization that | 851 |
holds a license to conduct bingo under this chapter an amount | 852 |
equal to at least fifty per cent of that licensed charitable | 853 |
organization's net proceeds from the conduct of bingo during each | 854 |
of the five years preceding June 30, 2003. "Historic railroad" | 855 |
means all or a portion of the tracks and right-of-way of a | 856 |
railroad that was owned and operated by a for-profit common | 857 |
carrier in this state at any time prior to January 1, 1950. | 858 |
(B) For purposes of division (A)(1) of this section, a person | 977 |
facilitates bookmaking if the person in any way knowingly aids an | 978 |
illegal bookmaking operation, including, without limitation, | 979 |
placing a bet with a person engaged in or facilitating illegal | 980 |
bookmaking. For purposes of division (A)(2) of this section, a | 981 |
person facilitates a game of chance conducted for profit or a | 982 |
scheme of chance if the person in any way knowingly aids in the | 983 |
conduct or operation of any such game or scheme, including, | 984 |
without limitation, playing any such game or scheme. | 985 |
(c) The games of chance are conducted at festivals of the | 998 |
charitable organization that are conducted either for a period of | 999 |
four consecutive days or less and not more than twice a year or | 1000 |
for a period ofa total of five consecutive days not more than | 1001 |
once a year, and are conducted on premises owned by the charitable | 1002 |
organization for a period of no less than one year immediately | 1003 |
preceding the conducting of the games of chance, on premises | 1004 |
leased from a governmental unit, or on premises that are leased | 1005 |
from a veteran's or fraternal organization and that have been | 1006 |
owned by the lessor veteran's or fraternal organization for a | 1007 |
period of no less than one year immediately preceding the | 1008 |
conducting of the games of chance. | 1009 |
A charitable organization shall not lease premises from a | 1010 |
veteran's or fraternal organization to conduct a festival | 1011 |
described in division (D)(1)(c) of this section if the veteran's | 1012 |
or fraternal organization already has leased the premises twelve | 1013 |
times during the preceding year to charitable organizations for | 1014 |
that purpose. If a charitable organization leases premises from a | 1015 |
veteran's or fraternal organization to conduct a festival | 1016 |
described in division (D)(1)(c) of this section, the charitable | 1017 |
organization shall not pay a rental rate for the premises per day | 1018 |
of the festival that exceeds the rental rate per bingo session | 1019 |
that a charitable organization may pay under division (B)(1) of | 1020 |
section 2915.09 of the Revised Code when it leases premises from | 1021 |
another charitable organization to conduct bingo games. | 1022 |
(d) All of the money or assets received from the games of | 1023 |
chance after deduction only of prizes paid out during the conduct | 1024 |
of the games of chance are used by, or given, donated, or | 1025 |
otherwise transferred to, any organization that is described in | 1026 |
subsection 509(a)(1), 509(a)(2), or 509(a)(3) of the Internal | 1027 |
Revenue Code and is either a governmental unit or an organization | 1028 |
that is tax exempt under subsection 501(a) and described in | 1029 |
subsection 501(c)(3) of the Internal Revenue Code; | 1030 |
(B) Whoever violates division (A) of this section is guilty | 1058 |
of skill-based amusement machine prohibited conduct. A violation | 1059 |
of division (A) of this section is a misdemeanor of the first | 1060 |
degree for each redemption of a prize that is involved in the | 1061 |
violation. If the offender previously has been convicted of a | 1062 |
violation of division (A) of this section, a violation of that | 1063 |
division is a felony of the fifth degree for each redemption of a | 1064 |
prize that is involved in the violation. The maximum fine | 1065 |
authorized to be imposed for a felony of the fifth degree shall be | 1066 |
imposed upon the offender. | 1067 |
Sec. 2915.08. (A)(1) Annually before the first day of | 1068 |
January, a charitable organization that desires to conduct bingo, | 1069 |
instant bingo at a bingo session, or instant bingo other than at a | 1070 |
bingo session shall make out, upon a form to be furnished by the | 1071 |
attorney general for that purpose, an application for a license to | 1072 |
conduct bingo, instant bingo at a bingo session, or instant bingo | 1073 |
other than at a bingo session and deliver that application to the | 1074 |
attorney general together with a license fee as follows: | 1075 |
(b) For a license for the conduct of instant bingo at a bingo | 1078 |
session or instant bingo other than at a bingo session for a | 1079 |
charitable organization that previously has not been licensed | 1080 |
under this chapter to conduct instant bingo at a bingo session or | 1081 |
instant bingo other than at a bingo session, a license fee of five | 1082 |
hundred dollars, and for any other charitable organization, a | 1083 |
license fee that is based upon the gross profits received by the | 1084 |
charitable organization from the operation of instant bingo at a | 1085 |
bingo session or instant bingo other than at a bingo session, | 1086 |
during the one-year period ending on the thirty-first day of | 1087 |
October of the year immediately preceding the year for which the | 1088 |
license is sought, and that is one of the following: | 1089 |
(c) The location at which the organization will conduct | 1123 |
bingo, which location shall be within the county in which the | 1124 |
principal place of business of the applicant is located, or within | 1125 |
the municipal corporation in which the principal place of business | 1126 |
of the applicant is located if the organization is located in more | 1127 |
than one municipal corporation, the days of the week and the times | 1128 |
on each of those days when bingo will be conducted, whether the | 1129 |
organization owns, leases, or subleases the premises, and a copy | 1130 |
of the rental agreement if it leases or subleases the premises; | 1131 |
(d) A statement of the applicant's previous history, record, | 1132 |
and association that is sufficient to establish that the applicant | 1133 |
is a charitable organization, and a copy of a determination letter | 1134 |
that is issued by the Internal Revenue Service and states that the | 1135 |
organization is tax exempt under subsection 501(a) and described | 1136 |
in subsection 501(c)(3), 501(c)(4), 501(c)(7), 501(c)(8), | 1137 |
501(c)(10), or 501(c)(19) of the Internal Revenue Code; | 1138 |
(j) In the case of an applicant seeking to qualify as a youth | 1165 |
athletic park organization, a statement issued by a board or body | 1166 |
vested with authority under Chapter 755. of the Revised Code for | 1167 |
the supervision and maintenance of recreation facilities in the | 1168 |
territory in which the organization is located, certifying that | 1169 |
the playing fields owned by the organization were used for at | 1170 |
least one hundred days during the year in which the statement is | 1171 |
issued, and were open for use to all residents of that territory, | 1172 |
regardless of race, color, creed, religion, sex, or national | 1173 |
origin, for athletic activities by youth athletic organizations | 1174 |
that do not discriminate on the basis of race, color, creed, | 1175 |
religion, sex, or national origin, and that the fields were not | 1176 |
used for any profit-making activity at any time during the year. | 1177 |
That type of board or body is authorized to issue the statement | 1178 |
upon request and shall issue the statement if it finds that the | 1179 |
applicant's playing fields were so used. | 1180 |
(3) The attorney general, within thirty days after receiving | 1181 |
a timely filed application from a charitable organization that has | 1182 |
been issued a license under this section that has not expired and | 1183 |
has not been revoked or suspended, shall send a temporary permit | 1184 |
to the applicant specifying the date on which the application was | 1185 |
filed with the attorney general and stating that, pursuant to | 1186 |
section 119.06 of the Revised Code, the applicant may continue to | 1187 |
conduct bingo until a new license is granted or, if the | 1188 |
application is rejected, until fifteen days after notice of the | 1189 |
rejection is mailed to the applicant. The temporary permit does | 1190 |
not affect the validity of the applicant's application and does | 1191 |
not grant any rights to the applicant except those rights | 1192 |
specifically granted in section 119.06 of the Revised Code. The | 1193 |
issuance of a temporary permit by the attorney general pursuant to | 1194 |
this division does not prohibit the attorney general from | 1195 |
rejecting the applicant's application because of acts that the | 1196 |
applicant committed, or actions that the applicant failed to take, | 1197 |
before or after the issuance of the temporary permit. | 1198 |
(4) Within thirty days after receiving an initial license | 1199 |
application from a charitable organization to conduct bingo, | 1200 |
instant bingo at a bingo session, or instant bingo other than at a | 1201 |
bingo session, the attorney general shall conduct a preliminary | 1202 |
review of the application and notify the applicant regarding any | 1203 |
deficiencies. Once an application is deemed complete, or beginning | 1204 |
on the thirtieth day after the application is filed, if the | 1205 |
attorney general failed to notify the applicant of any | 1206 |
deficiencies, the attorney general shall have an additional sixty | 1207 |
days to conduct an investigation and either grant or deny the | 1208 |
application based on findings established and communicated in | 1209 |
accordance with divisions (B) and (E) of this section. As an | 1210 |
option to granting or denying an initial license application, the | 1211 |
attorney general may grant a temporary license and request | 1212 |
additional time to conduct the investigation if the attorney | 1213 |
general has cause to believe that additional time is necessary to | 1214 |
complete the investigation and has notified the applicant in | 1215 |
writing about the specific concerns raised during the | 1216 |
investigation. | 1217 |
(B)(1) The attorney general shall adopt rules to enforce | 1218 |
sections 2915.01, 2915.02, and 2915.07 to 2915.13 of the Revised | 1219 |
Code to ensure that bingo or instant bingo is conducted in | 1220 |
accordance with those sections and to maintain proper control over | 1221 |
the conduct of bingo or instant bingo. The rules, except rules | 1222 |
adopted pursuant to divisions (A)(2)(g) and (G) of this section, | 1223 |
shall be adopted pursuant to Chapter 119. of the Revised Code. The | 1224 |
attorney general shall license charitable organizations to conduct | 1225 |
bingo, instant bingo at a bingo session, or instant bingo other | 1226 |
than at a bingo session in conformance with this chapter and with | 1227 |
the licensing provisions of Chapter 119. of the Revised Code. | 1228 |
(E) A license issued by the attorney general shall set forth | 1274 |
the information contained on the application of the charitable | 1275 |
organization that the attorney general determines is relevant, | 1276 |
including, but not limited to, the location at which the | 1277 |
organization will conduct bingo, instant bingo at a bingo session, | 1278 |
or instant bingo other than at a bingo session and the days of the | 1279 |
week and the times on each of those days when bingo will be | 1280 |
conducted. If the attorney general refuses to grant or revokes or | 1281 |
suspends a license, the attorney general shall notify the | 1282 |
applicant in writing and specifically identify the reason for the | 1283 |
refusal, revocation, or suspension in narrative form and, if | 1284 |
applicable, by identifying the section of the Revised Code | 1285 |
violated. The failure of the attorney general to give the written | 1286 |
notice of the reasons for the refusal, revocation, or suspension | 1287 |
or a mistake in the written notice does not affect the validity of | 1288 |
the attorney general's refusal to grant, or the revocation or | 1289 |
suspension of, a license. If the attorney general fails to give | 1290 |
the written notice or if there is a mistake in the written notice, | 1291 |
the applicant may bring an action to compel the attorney general | 1292 |
to comply with this division or to correct the mistake, but the | 1293 |
attorney general's order refusing to grant, or revoking or | 1294 |
suspending, a license shall not be enjoined during the pendency of | 1295 |
the action. | 1296 |
(F) A charitable organization that has been issued a license | 1297 |
pursuant to division (B) of this section but that cannot conduct | 1298 |
bingo or instant bingo at the location, or on the day of the week | 1299 |
or at the time, specified on the license due to circumstances that | 1300 |
make it impractical to do so may apply in writing, together with | 1301 |
an application fee of two hundred fifty dollars, to the attorney | 1302 |
general, at least thirty days prior to a change in location, day | 1303 |
of the week, or time, and request an amended license. The | 1304 |
application shall describe the causes making it impractical for | 1305 |
the organization to conduct bingo or instant bingo in conformity | 1306 |
with its license and shall indicate the location, days of the | 1307 |
week, and times on each of those days when it desires to conduct | 1308 |
bingo or instant bingo. Except as otherwise provided in this | 1309 |
division, the attorney general shall issue the amended license in | 1310 |
accordance with division (E) of this section, and the organization | 1311 |
shall surrender its original license to the attorney general. The | 1312 |
attorney general may refuse to grant an amended license according | 1313 |
to the terms of division (B) of this section. | 1314 |
(H) The attorney general, by rule adopted pursuant to section | 1320 |
111.15 of the Revised Code, shall establish license fees for the | 1321 |
conduct of bingo, instant bingo at a bingo session, or instant | 1322 |
bingo other than at a bingo session for charitable organizations | 1323 |
that prior to the effective date of this amendmentJuly 1, 2003, | 1324 |
have not been licensed to conduct bingo, instant bingo at a bingo | 1325 |
session, or instant bingo other than at a bingo session under this | 1326 |
chapter. | 1327 |
(2) Except as otherwise provided in division (A)(3) of this | 1345 |
section, use all of the gross receipts from bingo for paying | 1346 |
prizes, for reimbursement of expenses for or for renting premises | 1347 |
in which to conduct a bingo session, for reimbursement of expenses | 1348 |
for or for purchasing or leasing bingo supplies used in conducting | 1349 |
bingo, for reimbursement of expenses for or for hiring security | 1350 |
personnel, for reimbursement of expenses for or for advertising | 1351 |
bingo, or for reimbursement of other expenses or for other | 1352 |
expenses listed in division (LL)(GG) of section 2915.01 of the | 1353 |
Revised Code, provided that the amount of the receipts so spent is | 1354 |
not more than is customary and reasonable for a similar purchase, | 1355 |
lease, hiring, advertising, or expense. If the building in which | 1356 |
bingo is conducted is owned by the charitable organization | 1357 |
conducting bingo and the bingo conducted includes a form of bingo | 1358 |
described in division (S)(O)(1) of section 2915.01 of the Revised | 1359 |
Code, the charitable organization may deduct from the total amount | 1360 |
of the gross receipts from each session a sum equal to the lesser | 1361 |
of six hundred dollars or forty-five per cent of the gross | 1362 |
receipts from the bingo described in that division as | 1363 |
consideration for the use of the premises. | 1364 |
(1) Conduct the bingo game on premises that are owned by the | 1375 |
charitable organization, on premises that are owned by another | 1376 |
charitable organization and leased from that charitable | 1377 |
organization for a rental rate not in excess of the lesser of six | 1378 |
hundred dollars per bingo session or forty-five per cent of the | 1379 |
gross receipts of the bingo session, on premises that are leased | 1380 |
from a person other than a charitable organization for a rental | 1381 |
rate that is not more than is customary and reasonable for | 1382 |
premises that are similar in location, size, and quality but not | 1383 |
in excess of four hundred fifty dollars per bingo session, or on | 1384 |
premises that are owned by a person other than a charitable | 1385 |
organization, that are leased from that person by another | 1386 |
charitable organization, and that are subleased from that other | 1387 |
charitable organization by the charitable organization for a | 1388 |
rental rate not in excess of four hundred fifty dollars per bingo | 1389 |
session. No charitable organization is required to pay property | 1390 |
taxes or assessments on premises that the charitable organization | 1391 |
leases from another person to conduct bingo sessions. If the | 1392 |
charitable organization leases from a person other than a | 1393 |
charitable organization the premises on which it conducts bingo | 1394 |
sessions, the lessor of the premises shall provide the premises to | 1395 |
the organization and shall not provide the organization with bingo | 1396 |
game operators, security personnel, concessions or concession | 1397 |
operators, bingo supplies, or any other type of service. A | 1398 |
charitable organization shall not lease or sublease premises that | 1399 |
it owns or leases to more than onethree other charitable | 1400 |
organizationorganizations per calendar week for the purpose of | 1401 |
conducting bingo sessions on the premises. A person that is not a | 1402 |
charitable organization shall not lease premises that it owns, | 1403 |
leases, or otherwise is empowered to lease to more than three | 1404 |
charitable organizations per calendar week for conducting bingo | 1405 |
sessions on the premises. In no case shall more than nine bingo | 1406 |
sessions be conducted on any premises in any calendar week. | 1407 |
(1) Pay any compensation to a bingo game operator for | 1416 |
operating a bingo session that is conducted by the charitable | 1417 |
organization or for preparing, selling, or serving food or | 1418 |
beverages at the site of the bingo session, permit any auxiliary | 1419 |
unit or society of the charitable organization to pay compensation | 1420 |
to any bingo game operator who prepares, sells, or serves food or | 1421 |
beverages at a bingo session conducted by the charitable | 1422 |
organization, or permit any auxiliary unit or society of the | 1423 |
charitable organization to prepare, sell, or serve food or | 1424 |
beverages at a bingo session conducted by the charitable | 1425 |
organization, if the auxiliary unit or society pays any | 1426 |
compensation to the bingo game operators who prepare, sell, or | 1427 |
serve the food or beverages; | 1428 |
(6) Conduct a bingo session at any time during the ten-hour | 1445 |
eight-hour period between midnighttwo a.m. and ten a.m., at any | 1446 |
time during, or within ten hours of, a bingo game conducted for | 1447 |
amusement only pursuant to section 2915.12 of the Revised Code, at | 1448 |
any premises not specified on its license, or on any day of the | 1449 |
week or during any time period not specified on its license. | 1450 |
Division (A)(6) of this section does not prohibit the sale of | 1451 |
instant bingo tickets beginning at nine a.m. for a bingo session | 1452 |
that begins at ten a.m. If circumstances make it impractical for | 1453 |
the charitable organization to conduct a bingo session at the | 1454 |
premises, or on the day of the week or at the time, specified on | 1455 |
its license, or if a charitable organization wants to conduct | 1456 |
bingo sessions on a day of the week or at a time other than the | 1457 |
day or time specified on its license, the charitable organization | 1458 |
may apply in writing to the attorney general for an amended | 1459 |
license pursuant to division (F) of section 2915.08 of the Revised | 1460 |
Code. A charitable organization may apply twice in each calendar | 1461 |
year for an amended license to conduct bingo sessions on a day of | 1462 |
the week or at a time other than the day or time specified on its | 1463 |
license. If the amended license is granted, the organization may | 1464 |
conduct bingo sessions at the premises, on the day of the week, | 1465 |
and at the time specified on its amended license. | 1466 |
(D)(1) Except as otherwise provided in division (D)(3) of | 1516 |
this section, no charitable organization shall provide to a bingo | 1517 |
game operator, and no bingo game operator shall receive or accept, | 1518 |
any commission, wage, salary, reward, tip, donation, gratuity, or | 1519 |
other form of compensation, directly or indirectly, regardless of | 1520 |
the source, for conducting bingo or providing other work or labor | 1521 |
at the site of bingo during a bingo session. | 1522 |
(2) Except as otherwise provided in division (D)(3) of this | 1523 |
section, no charitable organization shall provide to a bingo game | 1524 |
operator any commission, wage, salary, reward, tip, donation, | 1525 |
gratuity, or other form of compensation, directly or indirectly, | 1526 |
regardless of the source, for conducting instant bingo other than | 1527 |
at a bingo session at the site of instant bingo other than at a | 1528 |
bingo session. | 1529 |
(E) Notwithstanding division (B)(1) of this section, a | 1536 |
charitable organization that, prior to December 6, 1977, has | 1537 |
entered into written agreements for the lease of premises it owns | 1538 |
to another charitable organization or other charitable | 1539 |
organizations for the conducting of bingo sessions so that more | 1540 |
than two bingo sessions are conducted per calendar week on the | 1541 |
premises, and a person that is not a charitable organization and | 1542 |
that, prior to December 6, 1977, has entered into written | 1543 |
agreements for the lease of premises it owns to charitable | 1544 |
organizations for the conducting of more than two bingo sessions | 1545 |
per calendar week on the premises, may continue to lease the | 1546 |
premises to those charitable organizations, provided that no more | 1547 |
than four sessions are conducted per calendar week, that the | 1548 |
lessor organization or person has notified the attorney general in | 1549 |
writing of the organizations that will conduct the sessions and | 1550 |
the days of the week and the times of the day on which the | 1551 |
sessions will be conducted, that the initial lease entered into | 1552 |
with each organization that will conduct the sessions was filed | 1553 |
with the attorney general prior to December 6, 1977, and that each | 1554 |
organization that will conduct the sessions was issued a license | 1555 |
to conduct bingo games by the attorney general prior to December | 1556 |
6, 1977. | 1557 |
(G) Whoever violates division (A)(2) of this section is | 1561 |
guilty of illegally conducting a bingo game, a felony of the | 1562 |
fourth degree. Except as otherwise provided in this division, | 1563 |
whoever violates division (A)(1) or (3), (B)(1), (2), or (3), | 1564 |
(C)(1) to (12), or (D) of this section is guilty of a minor | 1565 |
misdemeanor. If the offender previously has been convicted of a | 1566 |
violation of division (A)(1) or (3), (B)(1), (2), or (3), (C)(1) | 1567 |
to (11), or (D) of this section, a violation of division (A)(1) or | 1568 |
(3), (B)(1), (2), or (3), (C), or (D) of this section is a | 1569 |
misdemeanor of the first degree. Whoever violates division (C)(12) | 1570 |
of this section is guilty of a misdemeanor of the first degree, if | 1571 |
the offender previously has been convicted of a violation of | 1572 |
division (C)(12) of this section, a felony of the fourth degree. | 1573 |
(a) That organization is, and has received from the internal | 1580 |
revenue service a determination letter that is currently in effect | 1581 |
stating that the organization is, exempt from federal income | 1582 |
taxation under subsection 501(a), is described in subsection | 1583 |
501(c)(3) of the Internal Revenue Code, is a charitable | 1584 |
organization as defined in section 2915.01 of the Revised Code, is | 1585 |
in good standing in the state pursuant to section 2915.08 of the | 1586 |
Revised Code, and is in compliance with Chapter 1716. of the | 1587 |
Revised Code; | 1588 |
(9) Pay any compensation to a bingo game operator for | 1614 |
conducting instant bingo that is conducted by the organization or | 1615 |
for preparing, selling, or serving food or beverages at the site | 1616 |
of the instant bingo game, permit any auxiliary unit or society of | 1617 |
the organization to pay compensation to any bingo game operator | 1618 |
who prepares, sells, or serves food or beverages at an instant | 1619 |
bingo game conducted by the organization, or permit any auxiliary | 1620 |
unit or society of the organization to prepare, sell, or serve | 1621 |
food or beverages at an instant bingo game conducted by the | 1622 |
organization, if the auxiliary unit or society pays any | 1623 |
compensation to the bingo game operators who prepare, sell, or | 1624 |
serve the food or beverages; | 1625 |
(C) The attorney general may adopt rules in accordance with | 1669 |
Chapter 119. of the Revised Code that govern the conduct of | 1670 |
instant bingo by charitable organizations. Before those rules are | 1671 |
adopted, the attorney general shall reference the recommended | 1672 |
standards for opacity, randomization, minimum information, winner | 1673 |
protection, color, and cutting for instant bingo tickets or cards, | 1674 |
seal cards, and punch boards established by the North American | 1675 |
gaming regulators association. | 1676 |
Sec. 2915.092. (A)(1) Subject to division (A)(2) of this | 1684 |
section, a charitable organization, a public school, a chartered | 1685 |
nonpublic school, a community school, or a veteran's organization, | 1686 |
fraternal organization, or sporting organization that is exempt | 1687 |
from federal income taxation under subsection 501(a) and is | 1688 |
described in subsection 501(c)(3), 501(c)(4), 501(c)(7), | 1689 |
501(c)(8), 501(c)(10), or 501(c)(19) of the Internal Revenue Code | 1690 |
may conduct a raffle to raise money for the organization or school | 1691 |
and does not need a license to conduct bingo in order to conduct a | 1692 |
raffle drawing that is not for profit. | 1693 |
(2) If a charitable organization that is described in | 1694 |
division (A)(1) of this section, but that is not also described in | 1695 |
subsection 501(c)(3) of the Internal Revenue Code, conducts a | 1696 |
raffle, the charitable organization shall distribute at least | 1697 |
fifty per cent of the net profit from the raffle to a charitable | 1698 |
purpose described in division (Z)(V) of section 2915.01 of the | 1699 |
Revised Code or to a department or agency of the federal | 1700 |
government, the state, or any political subdivision. | 1701 |
Sec. 2915.093. (A) As used in this section, "retail income | 1711 |
from all commercial activity" means the income that a person | 1712 |
receives from the provision of goods, services, or activities that | 1713 |
are provided at the location where instant bingo other than at a | 1714 |
bingo session is conducted, including the sale of instant bingo | 1715 |
tickets. A religious organization that is exempt from federal | 1716 |
income taxation under subsection 501(a) and described in | 1717 |
subsection 501(c)(3) of the Internal Revenue Code, at not more | 1718 |
than one location at which it conducts its charitable programs, | 1719 |
may include donations from its members and guests as retail | 1720 |
income. | 1721 |
(E)(D) The owner or lessor of a location that enters into a | 1748 |
contract pursuant to division (C)(B) of this section shall pay the | 1749 |
full gross profit, minus the expenses incurred by the owner or | 1750 |
lessor of a location that can be attributed to conducting instant | 1751 |
bingo at that location, to the charitable instant bingo | 1752 |
organization, in return for the deal of instant bingo tickets. The | 1753 |
owner or lessor may retain the money that the owner or lessor | 1754 |
receives for selling the instant bingo tickets, provided, however, | 1755 |
that after the deal has been sold, the owner or lessor shall pay | 1756 |
to the charitable instant bingo organization the value of any | 1757 |
unredeemed instant bingo prizes remaining in the deal of instant | 1758 |
bingo tickets. | 1759 |
(G)(F) Division (D)(C) of this section does not apply to a | 1794 |
volunteer firefighter's organization that is exempt from federal | 1795 |
income taxation under subsection 501(a) and described in | 1796 |
subsection 501(c)(3) of the Internal Revenue Code, that conducts | 1797 |
instant bingo other than at a bingo session on the premises where | 1798 |
the organization conducts firefighter training, that has conducted | 1799 |
instant bingo continuously for at least five years prior to July | 1800 |
1, 2003, and that, during each of those five years, had gross | 1801 |
receipts of at least one million five hundred thousand dollars. | 1802 |
(4) An itemized list of the recipients of the net profit of | 1855 |
the bingo or game of chance, including the name and address of | 1856 |
each recipient to whom the money is distributed, and if the | 1857 |
organization uses the net profit of bingo, or the money or assets | 1858 |
received from a game of chance, for any charitable or other | 1859 |
purpose set forth in division (Z)(V) of section 2915.01, division | 1860 |
(D) of section 2915.02, or section 2915.101 of the Revised Code, a | 1861 |
list of each purpose and an itemized list of each expenditure for | 1862 |
each purpose; | 1863 |
(I) No person shall destroy, alter, conceal, withhold, or | 1945 |
deny access to any accounts or records of a charitable | 1946 |
organization that have been requested for examination, or | 1947 |
obstruct, impede, or interfere with any inspection, audit, or | 1948 |
observation of bingo or a game of chance or premises where bingo | 1949 |
or a game of chance is conducted, or refuse to comply with any | 1950 |
reasonable request of, or obstruct, impede, or interfere with any | 1951 |
other reasonable action undertaken by, the attorney general or a | 1952 |
law enforcement agency pursuant to division (H) of this section. | 1953 |
(C) Nothing in this section prohibits a veteran's | 2010 |
organization, a fraternal organization, or a sporting organization | 2011 |
from distributing any net profit from the proceeds of the sale of | 2012 |
instant bingo to an organization that is described in subsection | 2013 |
501(c)(3) of the Internal Revenue Code when the organization that | 2014 |
is described in subsection 501(c)(3) of the Internal Revenue Code | 2015 |
is one that makes donations to other organizations and permits | 2016 |
donors to advise or direct such donations so long as the donations | 2017 |
comply with requirements established in or pursuant to subsection | 2018 |
501(c)(3) of the Internal Revenue Code. | 2019 |
(2) A charitable organization shall pay expenses for | 2102 |
conducting games of chance in a charity card room, including | 2103 |
expenses for the following: dealers, payroll administration, | 2104 |
security, accounting, auditing, shuffle machine rental, insurance, | 2105 |
marketing, advertising, utilities, cleanup, maintenance, and | 2106 |
repair. A charitable organization may pay these expenses from its | 2107 |
share of the revenue made from conducting games of chance in the | 2108 |
charity card room. | 2109 |
(H) "Personal property" means any personal property, any | 2191 |
interest in personal property, or any right, including, but not | 2192 |
limited to, bank accounts, debts, corporate stocks, patents, or | 2193 |
copyrights. Personal property and any beneficial interest in | 2194 |
personal property are deemed to be located where the trustee of | 2195 |
the property, the personal property, or the instrument evidencing | 2196 |
the right is located. | 2197 |
(a) A violation of section 1315.55, 1322.02, 2903.01, | 2205 |
2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2905.01, 2905.02, | 2206 |
2905.11, 2905.22, 2907.321, 2907.322, 2907.323, 2909.02, 2909.03, | 2207 |
2909.22, 2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.29, | 2208 |
2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2911.31, 2913.05, | 2209 |
2913.06, 2921.02, 2921.03, 2921.04, 2921.11, 2921.12, 2921.32, | 2210 |
2921.41, 2921.42, 2921.43, 2923.12, or 2923.17; division | 2211 |
(F)(1)(a), (b), or (c) of section 1315.53; division (A)(1) or (2) | 2212 |
of section 1707.042; division (B), (C)(4), (D), (E), or (F) of | 2213 |
section 1707.44; division (A)(1) or (2) of section 2923.20; | 2214 |
division (E) or (G) of section 3772.99; division (J)(1) of section | 2215 |
4712.02; section 4719.02, 4719.05, or 4719.06; division (C), (D), | 2216 |
or (E) of section 4719.07; section 4719.08; or division (A) of | 2217 |
section 4719.09 of the Revised Code. | 2218 |
(b) Any violation of section 3769.11, 3769.15, 3769.16, or | 2219 |
3769.19 of the Revised Code as it existed prior to July 1, 1996, | 2220 |
any violation of section 2915.02 of the Revised Code that occurs | 2221 |
on or after July 1, 1996, and that, had it occurred prior to that | 2222 |
date, would have been a violation of section 3769.11 of the | 2223 |
Revised Code as it existed prior to that date, or any violation of | 2224 |
section 2915.05 of the Revised Code that occurs on or after July | 2225 |
1, 1996, and that, had it occurred prior to that date, would have | 2226 |
been a violation of section 3769.15, 3769.16, or 3769.19 of the | 2227 |
Revised Code as it existed prior to that date. | 2228 |
(c) Any violation of section 2907.21, 2907.22, 2907.31, | 2229 |
2913.02, 2913.11, 2913.21, 2913.31, 2913.32, 2913.34, 2913.42, | 2230 |
2913.47, 2913.51, 2915.03, 2925.03, 2925.04, 2925.05, or 2925.37 | 2231 |
of the Revised Code, any violation of section 2925.11 of the | 2232 |
Revised Code that is a felony of the first, second, third, or | 2233 |
fourth degree and that occurs on or after July 1, 1996, any | 2234 |
violation of section 2915.02 of the Revised Code that occurred | 2235 |
prior to July 1, 1996, any violation of section 2915.02 of the | 2236 |
Revised Code that occurs on or after July 1, 1996, and that, had | 2237 |
it occurred prior to that date, would not have been a violation of | 2238 |
section 3769.11 of the Revised Code as it existed prior to that | 2239 |
date, any violation of section 2915.06 of the Revised Code as it | 2240 |
existed prior to July 1, 1996, or any violation of division (B) of | 2241 |
section 2915.05 of the Revised Code as it exists on and after July | 2242 |
1, 1996, when the proceeds of the violation, the payments made in | 2243 |
the violation, the amount of a claim for payment or for any other | 2244 |
benefit that is false or deceptive and that is involved in the | 2245 |
violation, or the value of the contraband or other property | 2246 |
illegally possessed, sold, or purchased in the violation exceeds | 2247 |
one thousand dollars, or any combination of violations described | 2248 |
in division (I)(2)(c) of this section when the total proceeds of | 2249 |
the combination of violations, payments made in the combination of | 2250 |
violations, amount of the claims for payment or for other benefits | 2251 |
that is false or deceptive and that is involved in the combination | 2252 |
of violations, or value of the contraband or other property | 2253 |
illegally possessed, sold, or purchased in the combination of | 2254 |
violations exceeds one thousand dollars; | 2255 |
(e) Any violation or combination of violations of section | 2258 |
2907.32 of the Revised Code involving any material or performance | 2259 |
containing a display of bestiality or of sexual conduct, as | 2260 |
defined in section 2907.01 of the Revised Code, that is explicit | 2261 |
and depicted with clearly visible penetration of the genitals or | 2262 |
clearly visible penetration by the penis of any orifice when the | 2263 |
total proceeds of the violation or combination of violations, the | 2264 |
payments made in the violation or combination of violations, or | 2265 |
the value of the contraband or other property illegally possessed, | 2266 |
sold, or purchased in the violation or combination of violations | 2267 |
exceeds one thousand dollars; | 2268 |
(f) Any combination of violations described in division | 2269 |
(I)(2)(c) of this section and violations of section 2907.32 of the | 2270 |
Revised Code involving any material or performance containing a | 2271 |
display of bestiality or of sexual conduct, as defined in section | 2272 |
2907.01 of the Revised Code, that is explicit and depicted with | 2273 |
clearly visible penetration of the genitals or clearly visible | 2274 |
penetration by the penis of any orifice when the total proceeds of | 2275 |
the combination of violations, payments made in the combination of | 2276 |
violations, amount of the claims for payment or for other benefits | 2277 |
that is false or deceptive and that is involved in the combination | 2278 |
of violations, or value of the contraband or other property | 2279 |
illegally possessed, sold, or purchased in the combination of | 2280 |
violations exceeds one thousand dollars; | 2281 |
(b) By enacting division (I)(5)(a) of this section, it is the | 2301 |
intent of the general assembly to add organized retail theft and | 2302 |
the conduct described in division (I)(5)(a)(ii) of this section as | 2303 |
conduct constituting corrupt activity. The enactment of division | 2304 |
(I)(5)(a) of this section and the addition by division (I)(5)(a) | 2305 |
of this section of organized retail theft and the conduct | 2306 |
described in division (I)(5)(a)(ii) of this section as conduct | 2307 |
constituting corrupt activity does not limit or preclude, and | 2308 |
shall not be construed as limiting or precluding, any prosecution | 2309 |
for a violation of section 2923.32 of the Revised Code that is | 2310 |
based on one or more violations of section 2913.02 or 2913.51 of | 2311 |
the Revised Code, one or more similar offenses under the laws of | 2312 |
this state or any other state, or any combination of any of those | 2313 |
violations or similar offenses, even though the conduct | 2314 |
constituting the basis for those violations or offenses could be | 2315 |
construed as also constituting organized retail theft or conduct | 2316 |
of the type described in division (I)(5)(a)(ii) of this section. | 2317 |
(L) "Unlawful debt" means any money or other thing of value | 2333 |
constituting principal or interest of a debt that is legally | 2334 |
unenforceable in this state in whole or in part because the debt | 2335 |
was incurred or contracted in violation of any federal or state | 2336 |
law relating to the business of gambling activity or relating to | 2337 |
the business of lending money at an usurious rate unless the | 2338 |
creditor proves, by a preponderance of the evidence, that the | 2339 |
usurious rate was not intentionally set and that it resulted from | 2340 |
a good faith error by the creditor, notwithstanding the | 2341 |
maintenance of procedures that were adopted by the creditor to | 2342 |
avoid an error of that nature. | 2343 |
(M) "Animal activity" means any activity that involves the | 2344 |
use of animals or animal parts, including, but not limited to, | 2345 |
hunting, fishing, trapping, traveling, camping, the production, | 2346 |
preparation, or processing of food or food products, clothing or | 2347 |
garment manufacturing, medical research, other research, | 2348 |
entertainment, recreation, agriculture, biotechnology, or service | 2349 |
activity that involves the use of animals or animal parts. | 2350 |
(N) "Animal facility" means a vehicle, building, structure, | 2351 |
nature preserve, or other premises in which an animal is lawfully | 2352 |
kept, handled, housed, exhibited, bred, or offered for sale, | 2353 |
including, but not limited to, a zoo, rodeo, circus, amusement | 2354 |
park, hunting preserve, or premises in which a horse or dog event | 2355 |
is held. | 2356 |
(O) "Animal or ecological terrorism" means the commission of | 2357 |
any felony that involves causing or creating a substantial risk of | 2358 |
physical harm to any property of another, the use of a deadly | 2359 |
weapon or dangerous ordnance, or purposely, knowingly, or | 2360 |
recklessly causing serious physical harm to property and that | 2361 |
involves an intent to obstruct, impede, or deter any person from | 2362 |
participating in a lawful animal activity, from mining, foresting, | 2363 |
harvesting, gathering, or processing natural resources, or from | 2364 |
being lawfully present in or on an animal facility or research | 2365 |
facility. | 2366 |
(A) "Wire communication" means an aural transfer that is made | 2391 |
in whole or in part through the use of facilities for the | 2392 |
transmission of communications by the aid of wires or similar | 2393 |
methods of connecting the point of origin of the communication and | 2394 |
the point of reception of the communication, including the use of | 2395 |
a method of connecting the point of origin and the point of | 2396 |
reception of the communication in a switching station, if the | 2397 |
facilities are furnished or operated by a person engaged in | 2398 |
providing or operating the facilities for the transmission of | 2399 |
communications. "Wire communication" includes an electronic | 2400 |
storage of a wire communication. | 2401 |
(1) A felony violation of section 1315.53, 1315.55, 2903.01, | 2460 |
2903.02, 2903.11, 2905.01, 2905.02, 2905.11, 2905.22, 2905.32, | 2461 |
2907.02, 2907.21, 2907.22, 2909.02, 2909.03, 2909.04, 2909.22, | 2462 |
2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.29, 2911.01, | 2463 |
2911.02, 2911.11, 2911.12, 2913.02, 2913.04, 2913.42, 2913.51, | 2464 |
2915.02, 2915.03, 2917.01, 2917.02, 2921.02, 2921.03, 2921.04, | 2465 |
2921.32, 2921.34, 2923.20, 2923.32, 2925.03, 2925.04, 2925.05, or | 2466 |
2925.06 or of division (B) of section 2915.05 or of division (E) | 2467 |
or (G) of section 3772.99 of the Revised Code; | 2468 |
(L) "Special need" means a showing that a licensed physician, | 2487 |
licensed practicing psychologist, attorney, practicing cleric, | 2488 |
journalist, or either spouse is personally engaging in continuing | 2489 |
criminal activity, was engaged in continuing criminal activity | 2490 |
over a period of time, or is committing, has committed, or is | 2491 |
about to commit, a designated offense, or a showing that specified | 2492 |
public facilities are being regularly used by someone who is | 2493 |
personally engaging in continuing criminal activity, was engaged | 2494 |
in continuing criminal activity over a period of time, or is | 2495 |
committing, has committed, or is about to commit, a designated | 2496 |
offense. | 2497 |
(M) "Journalist" means a person engaged in, connected with, | 2498 |
or employed by, any news media, including a newspaper, magazine, | 2499 |
press association, news agency, or wire service, a radio or | 2500 |
television station, or a similar media, for the purpose of | 2501 |
gathering, processing, transmitting, compiling, editing, or | 2502 |
disseminating news for the general public. | 2503 |
(5) Transmitted on a frequency allocated under part 25, | 2538 |
subpart D, E, or F of part 74, or part 94 of the Rules of the | 2539 |
Federal Communications Commission, as those provisions existed on | 2540 |
July 1, 1996, unless, in the case of a communication transmitted | 2541 |
on a frequency allocated under part 74 that is not exclusively | 2542 |
allocated to broadcast auxiliary services, the communication is a | 2543 |
two-way voice communication by radio. | 2544 |
(a) The numbers of students receiving each category of | 2593 |
instructional service offered by the school district, such as | 2594 |
regular education instruction, vocational education instruction, | 2595 |
specialized instruction programs or enrichment instruction that is | 2596 |
part of the educational curriculum, instruction for gifted | 2597 |
students, instruction for students with disabilities, and remedial | 2598 |
instruction. The guidelines shall require instructional services | 2599 |
under this division to be divided into discrete categories if an | 2600 |
instructional service is limited to a specific subject, a specific | 2601 |
type of student, or both, such as regular instructional services | 2602 |
in mathematics, remedial reading instructional services, | 2603 |
instructional services specifically for students gifted in | 2604 |
mathematics or some other subject area, or instructional services | 2605 |
for students with a specific type of disability. The categories of | 2606 |
instructional services required by the guidelines under this | 2607 |
division shall be the same as the categories of instructional | 2608 |
services used in determining cost units pursuant to division | 2609 |
(C)(3) of this section. | 2610 |
(a) The total numbers of licensed employees and nonlicensed | 2654 |
employees and the numbers of full-time equivalent licensed | 2655 |
employees and nonlicensed employees providing each category of | 2656 |
instructional service, instructional support service, and | 2657 |
administrative support service used pursuant to division (C)(3) of | 2658 |
this section. The guidelines adopted under this section shall | 2659 |
require these categories of data to be maintained for the school | 2660 |
district as a whole and, wherever applicable, for each grade in | 2661 |
the school district as a whole, for each school building as a | 2662 |
whole, and for each grade in each school building. | 2663 |
(b) The total number of employees and the number of full-time | 2664 |
equivalent employees providing each category of service used | 2665 |
pursuant to divisions (C)(4)(a) and (b) of this section, and the | 2666 |
total numbers of licensed employees and nonlicensed employees and | 2667 |
the numbers of full-time equivalent licensed employees and | 2668 |
nonlicensed employees providing each category used pursuant to | 2669 |
division (C)(4)(c) of this section. The guidelines adopted under | 2670 |
this section shall require these categories of data to be | 2671 |
maintained for the school district as a whole and, wherever | 2672 |
applicable, for each grade in the school district as a whole, for | 2673 |
each school building as a whole, and for each grade in each school | 2674 |
building. | 2675 |
(3)(a) Student demographic data for each school district, | 2683 |
including information regarding the gender ratio of the school | 2684 |
district's pupils, the racial make-up of the school district's | 2685 |
pupils, the number of limited English proficient students in the | 2686 |
district, and an appropriate measure of the number of the school | 2687 |
district's pupils who reside in economically disadvantaged | 2688 |
households. The demographic data shall be collected in a manner to | 2689 |
allow correlation with data collected under division (B)(1) of | 2690 |
this section. Categories for data collected pursuant to division | 2691 |
(B)(3) of this section shall conform, where appropriate, to | 2692 |
standard practices of agencies of the federal government. | 2693 |
(3) Instructional services costs for each category of | 2722 |
instructional service provided directly to students and required | 2723 |
by guidelines adopted pursuant to division (B)(1)(a) of this | 2724 |
section. The guidelines shall require the cost units under | 2725 |
division (C)(3) of this section to be designed so that each of | 2726 |
them may be compiled and reported in terms of average expenditure | 2727 |
per pupil receiving the service in the school district as a whole | 2728 |
and average expenditure per pupil receiving the service in each | 2729 |
building in the school district and in terms of a total cost for | 2730 |
each category of service and, as a breakdown of the total cost, a | 2731 |
cost for each of the following components: | 2732 |
(4) Support or extracurricular services costs for each | 2745 |
category of service directly provided to students and required by | 2746 |
guidelines adopted pursuant to division (B)(1)(b) of this section. | 2747 |
The guidelines shall require the cost units under division (C)(4) | 2748 |
of this section to be designed so that each of them may be | 2749 |
compiled and reported in terms of average expenditure per pupil | 2750 |
receiving the service in the school district as a whole and | 2751 |
average expenditure per pupil receiving the service in each | 2752 |
building in the school district and in terms of a total cost for | 2753 |
each category of service and, as a breakdown of the total cost, a | 2754 |
cost for each of the following components: | 2755 |
(D)(1) The guidelines adopted under this section shall | 2770 |
require school districts to collect information about individual | 2771 |
students, staff members, or both in connection with any data | 2772 |
required by division (B) or (C) of this section or other reporting | 2773 |
requirements established in the Revised Code. The guidelines may | 2774 |
also require school districts to report information about | 2775 |
individual staff members in connection with any data required by | 2776 |
division (B) or (C) of this section or other reporting | 2777 |
requirements established in the Revised Code. The guidelines shall | 2778 |
not authorize school districts to request social security numbers | 2779 |
of individual students. The guidelines shall prohibit the | 2780 |
reporting under this section of a student's name, address, and | 2781 |
social security number to the state board of education or the | 2782 |
department of education. The guidelines shall also prohibit the | 2783 |
reporting under this section of any personally identifiable | 2784 |
information about any student, except for the purpose of assigning | 2785 |
the data verification code required by division (D)(2) of this | 2786 |
section, to any other person unless such person is employed by the | 2787 |
school district or the information technology center operated | 2788 |
under section 3301.075 of the Revised Code and is authorized by | 2789 |
the district or technology center to have access to such | 2790 |
information or is employed by an entity with which the department | 2791 |
contracts for the scoring of assessments administered under | 2792 |
section 3301.0711 of the Revised Code. The guidelines may require | 2793 |
school districts to provide the social security numbers of | 2794 |
individual staff members and the county of residence for a | 2795 |
student. Nothing in this section prohibits the state board of | 2796 |
education or department of education from providing a student's | 2797 |
county of residence to the department of taxation to facilitate | 2798 |
the distribution of tax revenue. | 2799 |
(E) The guidelines adopted under this section may require | 2827 |
school districts to collect and report data, information, or | 2828 |
reports other than that described in divisions (A), (B), and (C) | 2829 |
of this section for the purpose of complying with other reporting | 2830 |
requirements established in the Revised Code. The other data, | 2831 |
information, or reports may be maintained in the education | 2832 |
management information system but are not required to be compiled | 2833 |
as part of the profile formats required under division (G) of this | 2834 |
section or the annual statewide report required under division (H) | 2835 |
of this section. | 2836 |
(3) Copies of the reports received from the state board under | 2869 |
divisions (H)(1) and (2) of this section shall be made available | 2870 |
to the general public at each school district's offices. Each | 2871 |
district board of education shall make copies of each report | 2872 |
available to any person upon request and payment of a reasonable | 2873 |
fee for the cost of reproducing the report. The board shall | 2874 |
annually publish in a newspaper of general circulation in the | 2875 |
school district, at least twice during the two weeks prior to the | 2876 |
week in which the reports will first be available, a notice | 2877 |
containing the address where the reports are available and the | 2878 |
date on which the reports will be available. | 2879 |
(4) If any action taken under division (L)(2) of this section | 2961 |
resolves a school district's data reporting problems to the | 2962 |
department's satisfaction, the department shall not take any | 2963 |
further actions described by that division. If the department | 2964 |
withheld funds from the district under that division, the | 2965 |
department may release those funds to the district, except that if | 2966 |
the department withheld funding under division (L)(2)(c) of this | 2967 |
section, the department shall not release the funds withheld under | 2968 |
division (L)(2)(b) of this section and, if the department withheld | 2969 |
funding under division (L)(2)(d) of this section, the department | 2970 |
shall not release the funds withheld under division (L)(2)(b) or | 2971 |
(c) of this section. | 2972 |
(5) Notwithstanding anything in this section to the contrary, | 2973 |
the department may use its own staff or an outside entity to | 2974 |
conduct an audit of a school district's data reporting practices | 2975 |
any time the department has reason to believe the district has not | 2976 |
made a good faith effort to report data as required by this | 2977 |
section. If any audit conducted by an outside entity under | 2978 |
division (L)(2)(d)(i) or (5) of this section confirms that a | 2979 |
district has not made a good faith effort to report data as | 2980 |
required by this section, the district shall reimburse the | 2981 |
department for the full cost of the audit. The department may | 2982 |
withhold state funds due to the district for this purpose. | 2983 |
(6) Prior to issuing a revised report card for a school | 2984 |
district under division (L)(2)(d)(viii) of this section, the | 2985 |
department may hold a hearing to provide the district with an | 2986 |
opportunity to demonstrate that it made a good faith effort to | 2987 |
report data as required by this section. The hearing shall be | 2988 |
conducted by a referee appointed by the department. Based on the | 2989 |
information provided in the hearing, the referee shall recommend | 2990 |
whether the department should issue a revised report card for the | 2991 |
district. If the referee affirms the department's contention that | 2992 |
the district did not make a good faith effort to report data as | 2993 |
required by this section, the district shall bear the full cost of | 2994 |
conducting the hearing and of issuing any revised report card. | 2995 |
The pari-mutuel method of wagering upon the live racing | 3044 |
programs and simulcast racing programs held at or conducted within | 3045 |
such race track, and at the time of such horse-racing meeting, or | 3046 |
at other times authorized by the state racing commission, shall | 3047 |
not be unlawful. No other place, except that provided and | 3048 |
designated by the permit holder and except as provided in section | 3049 |
3769.26 of the Revised Code, nor any other method or system of | 3050 |
betting or wagering, except the pari-mutuel system, shall be used | 3051 |
or permitted by the permit holder; nor, except as provided in | 3052 |
section 3769.089 or 3769.26 of the Revised Code, shall the | 3053 |
pari-mutuel system of wagering be conducted by the permit holder | 3054 |
on any races except the races at the race track, grounds, or | 3055 |
enclosure for which the person holds a permit. Each permit holder | 3056 |
may retain as a commission an amount not to exceed eighteen per | 3057 |
cent of the total of all moneys wagered. | 3058 |
(B)(1) At the close of each racing day, each permit holder | 3061 |
authorized to conduct thoroughbred racing, out of the amount | 3062 |
retained on that day by the permit holder, shall pay by check, | 3063 |
draft, or money order to the tax commissioner, as a tax, a sum | 3064 |
equal to the following percentages of the total of all moneys | 3065 |
wagered on live racing programs on that day and shall separately | 3066 |
compute and pay by check, draft, or money order to the tax | 3067 |
commissioner, as a tax, a sum equal to the following percentages | 3068 |
of the total of all money wagered on simulcast racing programs on | 3069 |
that day: | 3070 |
(2) On and after January 1, 2013, in addition to the state | 3079 |
tax levied under division (B)(1) of this section, on the first day | 3080 |
of each month, each permit holder authorized to conduct | 3081 |
thoroughbred racing, out of the amount retained during the prior | 3082 |
month by the permit holder, shall compute and pay by check, draft, | 3083 |
or money order to the legislative authority of the municipal | 3084 |
corporation or the board of township trustees of the township in | 3085 |
which the permit holder conducted thoroughbred racing, as a tax, a | 3086 |
sum equal to one and one-half per cent of all moneys wagered on | 3087 |
live racing programs during the prior month, and shall separately | 3088 |
compute and pay by check, draft, or money order to that | 3089 |
legislative authority or board of township trustees, as a tax, a | 3090 |
sum equal to one and one-half per cent of all money wagered on | 3091 |
simulcast racing programs during that prior month. | 3092 |
(4) Subject to division (M) of this section, from the moneys | 3101 |
paid to the tax commissioner by thoroughbred racing permit | 3102 |
holders, one-half of one per cent of the total of all moneys so | 3103 |
wagered on a racing day shall be paid into the Ohio fairs fund | 3104 |
created by section 3769.082 of the Revised Code, one and | 3105 |
one-eighth per cent of the total of all moneys so wagered on a | 3106 |
racing day shall be paid into the Ohio thoroughbred race fund | 3107 |
created by section 3769.083 of the Revised Code, and one-quarter | 3108 |
of one per cent of the total of all moneys wagered on a racing day | 3109 |
by each permit holder shall be paid into the state racing | 3110 |
commission operating fund created by section 3769.03 of the | 3111 |
Revised Code. The required payment to the state racing commission | 3112 |
operating fund does not apply to county and independent fairs and | 3113 |
agricultural societies. The remaining moneys may be retained by | 3114 |
the permit holder, except as provided in this section with respect | 3115 |
to the odd cents redistribution. Amounts paid into the nursing | 3116 |
home franchise permit fee fund pursuant to this section and | 3117 |
section 3769.26 of the Revised Code shall be used solely for the | 3118 |
support of the PASSPORT program as determined in appropriations | 3119 |
made by the general assembly. If the PASSPORT program is | 3120 |
abolished, the amount that would have been paid to the nursing | 3121 |
home franchise permit fee fund under this chapter shall be paid to | 3122 |
the general revenue fund of the state. As used in this chapter, | 3123 |
"PASSPORT program" means the PASSPORT program created under | 3124 |
section 173.40 of the Revised Code. | 3125 |
(5) A permit holder may contract with a thoroughbred | 3137 |
horsemen's organization for the organization to act as a | 3138 |
representative of all thoroughbred owners and trainers | 3139 |
participating in a horse-racing meeting conducted by the permit | 3140 |
holder. A "thoroughbred horsemen's organization" is any | 3141 |
corporation or association that represents, through membership or | 3142 |
otherwise, more than one-half of the aggregate of all thoroughbred | 3143 |
owners and trainers who were licensed and actively participated in | 3144 |
racing within this state during the preceding calendar year. | 3145 |
Except as otherwise provided in this paragraph, any moneys | 3146 |
received by a thoroughbred horsemen's organization shall be used | 3147 |
exclusively for the benefit of thoroughbred owners and trainers | 3148 |
racing in this state through the administrative purposes of the | 3149 |
organization, benevolent activities on behalf of the horsemen, | 3150 |
promotion of the horsemen's rights and interests, and promotion of | 3151 |
equine research. A thoroughbred horsemen's organization may expend | 3152 |
not more than an aggregate of five per cent of its annual gross | 3153 |
receipts, or a larger amount as approved by the organization, for | 3154 |
dues, assessments, and other payments to all other local, | 3155 |
national, or international organizations having as their primary | 3156 |
purposes the promotion of thoroughbred horse racing, thoroughbred | 3157 |
horsemen's rights, and equine research. | 3158 |
(C)(1) Except as otherwise provided in division (B) of this | 3159 |
section, at the close of each racing day, each permit holder | 3160 |
authorized to conduct harness or quarter horse racing, out of the | 3161 |
amount retained that day by the permit holder, shall pay by check, | 3162 |
draft, or money order to the tax commissioner, as a tax, a sum | 3163 |
equal to the following percentages of the total of all moneys | 3164 |
wagered on live racing programs and shall separately compute and | 3165 |
pay by check, draft, or money order to the tax commissioner, as a | 3166 |
tax, a sum equal to the following percentages of the total of all | 3167 |
money wagered on simulcast racing programs on that day: | 3168 |
(2) On and after January 1, 2013, in addition to the state | 3177 |
tax levied under division (C)(1) of this section, on the first day | 3178 |
of each month, each permit holder authorized to conduct harness or | 3179 |
quarter horse racing, out of the amount retained during the prior | 3180 |
month by the permit holder, shall compute and pay by check, draft, | 3181 |
or money order to the legislative authority of the municipal | 3182 |
corporation or the board of township trustees of the township in | 3183 |
which the permit holder conducted harness or quarter horse racing, | 3184 |
as a tax, a sum equal to one and one-half per cent of all moneys | 3185 |
wagered on live racing programs during the prior month, and shall | 3186 |
separately compute and pay by check, draft, or money order to that | 3187 |
legislative authority or board of township trustees, as a tax, a | 3188 |
sum equal to one and one-half per cent of all money wagered on | 3189 |
simulcast racing programs during that prior month. | 3190 |
(3) Except as otherwise provided in division (B) and subject | 3191 |
to division (M) of this section, from the moneys paid to the tax | 3192 |
commissioner by permit holders authorized to conduct harness or | 3193 |
quarter horse racing, one-half of one per cent of all moneys | 3194 |
wagered on that racing day shall be paid into the Ohio fairs fund; | 3195 |
from the moneys paid to the tax commissioner by permit holders | 3196 |
authorized to conduct harness racing, five-eighths of one per cent | 3197 |
of all moneys wagered on that racing day shall be paid into the | 3198 |
Ohio standardbred development fund; and from the moneys paid to | 3199 |
the tax commissioner by permit holders authorized to conduct | 3200 |
quarter horse racing, five-eighths of one per cent of all moneys | 3201 |
wagered on that racing day shall be paid into the Ohio quarter | 3202 |
horse development fund. | 3203 |
(D) In addition, subject to division (M) of this section, | 3204 |
beginning on January 1, 1996, from the money paid to the tax | 3205 |
commissioner as a tax under this section and division (A) of | 3206 |
section 3769.087 of the Revised Code by harness horse permit | 3207 |
holders, one-half of one per cent of the amount wagered on a | 3208 |
racing day shall be paid into the Ohio standardbred development | 3209 |
fund. Beginning January 1, 1998, the payment to the Ohio | 3210 |
standardbred development fund required under this division does | 3211 |
not apply to county agricultural societies or independent | 3212 |
agricultural societies. | 3213 |
Forty per cent of that portion of that total sum of such odd | 3242 |
cents shall be used by the permit holder for purse money for Ohio | 3243 |
sired, bred, and owned colts, for purse money for Ohio bred | 3244 |
horses, and for increased purse money for horse races. Upon the | 3245 |
formation of the corporation described in section 3769.21 of the | 3246 |
Revised Code to establish a harness horsemen's health and | 3247 |
retirement fund, twenty-five per cent of that portion of that | 3248 |
total sum of odd cents shall be paid at the close of each racing | 3249 |
day by the permit holder to that corporation to establish and fund | 3250 |
the health and retirement fund. Until that corporation is formed, | 3251 |
that twenty-five per cent shall be paid at the close of each | 3252 |
racing day by the permit holder to the tax commissioner or the tax | 3253 |
commissioner's agent in the county seat of the county in which the | 3254 |
permit holder operates race meetings. The remaining thirty-five | 3255 |
per cent of that portion of that total sum of odd cents shall be | 3256 |
retained by the permit holder. | 3257 |
(H) In addition, each permit holder authorized to conduct | 3258 |
thoroughbred racing shall be allowed to retain the odd cents of | 3259 |
all redistribution to be made on all mutuel contributions | 3260 |
exceeding a sum equal to the next lowest multiple of ten. Twenty | 3261 |
per cent of that portion of that total sum of such odd cents shall | 3262 |
be used by the permit holder for increased purse money for horse | 3263 |
races. Upon the formation of the corporation described in section | 3264 |
3769.21 of the Revised Code to establish a thoroughbred horsemen's | 3265 |
health and retirement fund, forty-five per cent of that portion of | 3266 |
that total sum of odd cents shall be paid at the close of each | 3267 |
racing day by the permit holder to that corporation to establish | 3268 |
and fund the health and retirement fund. Until that corporation is | 3269 |
formed, that forty-five per cent shall be paid by the permit | 3270 |
holder to the tax commissioner or the tax commissioner's agent in | 3271 |
the county seat of the county in which the permit holder operates | 3272 |
race meetings, at the close of each racing day. The remaining | 3273 |
thirty-five per cent of that portion of that total sum of odd | 3274 |
cents shall be retained by the permit holder. | 3275 |
(I) In addition, each permit holder authorized to conduct | 3276 |
quarter horse racing shall be allowed to retain the odd cents of | 3277 |
all redistribution to be made on all mutuel contributions | 3278 |
exceeding a sum equal to the next lowest multiple of ten, subject | 3279 |
to a tax of twenty-five per cent on that portion of the total sum | 3280 |
of such odd cents that is in excess of two thousand dollars during | 3281 |
a calendar year, which tax shall be paid at the close of each | 3282 |
racing day by the permit holder to the tax commissioner or the tax | 3283 |
commissioner's agent in the county seat of the county within which | 3284 |
the permit holder operates race meetings. Forty per cent of that | 3285 |
portion of that total sum of such odd cents shall be used by the | 3286 |
permit holder for increased purse money for horse races. The | 3287 |
remaining thirty-five per cent of that portion of that total sum | 3288 |
of odd cents shall be retained by the permit holder. | 3289 |
(J)(1) To encourage the improvement of racing facilities for | 3290 |
the benefit of the public, breeders, and horse owners, and to | 3291 |
increase the revenue to the state from the increase in pari-mutuel | 3292 |
wagering resulting from those improvements, the taxes paid by a | 3293 |
permit holder to the state as provided for in this chapter shall | 3294 |
be reduced by three-fourths of one per cent of the total amount | 3295 |
wagered for those permit holders who make capital improvements to | 3296 |
existing race tracks or construct new race tracks. The percentage | 3297 |
of the reduction that may be taken each racing day shall equal | 3298 |
seventy-five per cent of the taxes levied under divisions (B)(1) | 3299 |
and (C)(1) of this section and section 3769.087 of the Revised | 3300 |
Code, and division (F)(2) of section 3769.26 of the Revised Code, | 3301 |
as applicable, divided by the calculated amount each fund should | 3302 |
receive under divisions (B) and (C) of this section and section | 3303 |
3769.087 of the Revised Code, and division (F)(2) of section | 3304 |
3769.26 of the Revised Code and the reduction provided for in this | 3305 |
division. If the resulting percentage is less than one, that | 3306 |
percentage shall be multiplied by the amount of the reduction | 3307 |
provided for in this division. Otherwise, the permit holder shall | 3308 |
receive the full reduction provided for in this division. The | 3309 |
amount of the allowable reduction not received shall be carried | 3310 |
forward and applied against future tax liability. After any | 3311 |
reductions expire, any reduction carried forward shall be treated | 3312 |
as a reduction as provided for in this division. | 3313 |
A reduction for a new race track or a capital improvement | 3320 |
shall start from the day racing is first conducted following the | 3321 |
date actual construction of the new race track or each capital | 3322 |
improvement is completed and the construction cost has been | 3323 |
approved by the racing commission, unless otherwise provided in | 3324 |
this section. A reduction for a new race track or a capital | 3325 |
improvement shall continue for a period of twenty-five years for | 3326 |
new race tracks and for fifteen years for capital improvements if | 3327 |
the construction of the capital improvement or new race track | 3328 |
commenced prior to March 29, 1988, and for a period of ten years | 3329 |
for new race tracks or capital improvements if the construction of | 3330 |
the capital improvement or new race track commenced on or after | 3331 |
March 29, 1988, but before June 6, 2001, or until the total tax | 3332 |
reduction reaches seventy per cent of the approved cost of the new | 3333 |
race track or capital improvement, as allocated to each permit | 3334 |
holder, whichever occurs first. A reduction for a new race track | 3335 |
or a capital improvement approved after June 6, 2001, shall | 3336 |
continue until the total tax reduction reaches one hundred per | 3337 |
cent of the approved cost of the new race track or capital | 3338 |
improvement, as allocated to each permit holder. | 3339 |
A reduction granted for a new race track or a capital | 3340 |
improvement, the application for which was approved by the racing | 3341 |
commission after March 29, 1988, but before June 6, 2001, shall | 3342 |
not commence nor shall the ten-year period begin to run until all | 3343 |
prior tax reductions with respect to the same race track have | 3344 |
ended. The total tax reduction because of capital improvements | 3345 |
shall not during any one year exceed for all permit holders using | 3346 |
any one track three-fourths of one per cent of the total amount | 3347 |
wagered, regardless of the number of capital improvements made. | 3348 |
Several capital improvements to a race track may be consolidated | 3349 |
in an application if the racing commission approved the | 3350 |
application prior to March 29, 1988. No permit holder may receive | 3351 |
a tax reduction for a capital improvement approved by the racing | 3352 |
commission on or after March 29, 1988, at a race track until all | 3353 |
tax reductions have ended for all prior capital improvements | 3354 |
approved by the racing commission under this section or section | 3355 |
3769.20 of the Revised Code at that race track. If there are two | 3356 |
or more permit holders operating meetings at the same track, they | 3357 |
may consolidate their applications. The racing commission shall | 3358 |
notify the tax commissioner when the reduction of tax begins and | 3359 |
when it ends. | 3360 |
Each fiscal year the racing commission shall submit a report | 3361 |
to the tax commissioner, the office of budget and management, and | 3362 |
the legislative service commission. The report shall identify each | 3363 |
capital improvement project undertaken under this division and in | 3364 |
progress at each race track, indicate the total cost of each | 3365 |
project, state the tax reduction that resulted from each project | 3366 |
during the immediately preceding fiscal year, estimate the tax | 3367 |
reduction that will result from each project during the current | 3368 |
fiscal year, state the total tax reduction that resulted from all | 3369 |
such projects at all race tracks during the immediately preceding | 3370 |
fiscal year, and estimate the total tax reduction that will result | 3371 |
from all such projects at all race tracks during the current | 3372 |
fiscal year. | 3373 |
(2) In order to qualify for the reduction in tax, a permit | 3374 |
holder shall apply to the racing commission in such form as the | 3375 |
commission may require and shall provide full details of the new | 3376 |
race track or capital improvement, including a schedule for its | 3377 |
construction and completion, and set forth the costs and expenses | 3378 |
incurred in connection with it. The racing commission shall not | 3379 |
approve an application unless the permit holder shows that a | 3380 |
contract for the new race track or capital improvement has been | 3381 |
let under an unrestricted competitive bidding procedure, unless | 3382 |
the contract is exempted by the controlling board because of its | 3383 |
unusual nature. In determining whether to approve an application, | 3384 |
the racing commission shall consider whether the new race track or | 3385 |
capital improvement will promote the safety, convenience, and | 3386 |
comfort of the racing public and horse owners and generally tend | 3387 |
towards the improvement of racing in this state. | 3388 |
(3) If a new race track or capital improvement is approved by | 3389 |
the racing commission and construction has started, the tax | 3390 |
reduction may be authorized by the commission upon presentation of | 3391 |
copies of paid bills in excess of one hundred thousand dollars or | 3392 |
ten per cent of the approved cost, whichever is greater. After the | 3393 |
initial authorization, the permit holder shall present copies of | 3394 |
paid bills. If the permit holder is in substantial compliance with | 3395 |
the schedule for construction and completion of the new race track | 3396 |
or capital improvement, the racing commission may authorize the | 3397 |
continuation of the tax reduction upon the presentation of the | 3398 |
additional paid bills. The total amount of the tax reduction | 3399 |
authorized shall not exceed the percentage of the approved cost of | 3400 |
the new race track or capital improvement specified in division | 3401 |
(J)(1) of this section. The racing commission may terminate any | 3402 |
tax reduction immediately if a permit holder fails to complete the | 3403 |
new race track or capital improvement, or to substantially comply | 3404 |
with the schedule for construction and completion of the new race | 3405 |
track or capital improvement. If a permit holder fails to complete | 3406 |
a new race track or capital improvement, the racing commission | 3407 |
shall order the permit holder to repay to the state the total | 3408 |
amount of tax reduced. The normal tax paid by the permit holder | 3409 |
shall be increased by three-fourths of one per cent of the total | 3410 |
amount wagered until the total amount of the additional tax | 3411 |
collected equals the total amount of tax reduced. | 3412 |
(a) "Capital improvement" means an addition, replacement, or | 3414 |
remodeling of a structural unit of a race track facility costing | 3415 |
at least one hundred thousand dollars, including, but not limited | 3416 |
to, the construction of barns used exclusively for the race track | 3417 |
facility, backstretch facilities for horsemen, paddock facilities, | 3418 |
new pari-mutuel and totalizator equipment and appurtenances to | 3419 |
that equipment purchased by the track, new access roads, new | 3420 |
parking areas, the complete reconstruction, reshaping, and | 3421 |
leveling of the racing surface and appurtenances, the installation | 3422 |
of permanent new heating or air conditioning, roof replacement or | 3423 |
restoration, installations of a permanent nature forming a part of | 3424 |
the track structure, and construction of buildings that are | 3425 |
located on a permit holder's premises. "Capital improvement" does | 3426 |
not include the cost of replacement of equipment that is not | 3427 |
permanently installed, ordinary repairs, painting, and maintenance | 3428 |
required to keep a race track facility in ordinary operating | 3429 |
condition. | 3430 |
(K) No other license or excise tax or fee, except as provided | 3454 |
in sections 3769.01 to 3769.14 of the Revised Code, shall be | 3455 |
assessed or collected from such licensee by any county, township, | 3456 |
district, municipal corporation, or other body having power to | 3457 |
assess or collect a tax or fee. That portion of the tax paid under | 3458 |
this section by permit holders for racing conducted at and during | 3459 |
the course of an agricultural exposition or fair, and that portion | 3460 |
of the tax that would have been paid by eligible permit holders | 3461 |
into the nursing home franchise permit fee fund as a result of | 3462 |
racing conducted at and during the course of an agricultural | 3463 |
exposition or fair, shall be deposited into the state treasury to | 3464 |
the credit of the horse racing tax fund, which is hereby created | 3465 |
for the use of the agricultural societies of the several counties | 3466 |
in which the taxes originate. The state racing commission shall | 3467 |
determine eligible permit holders for purposes of the preceding | 3468 |
sentence, taking into account the breed of horse, the racing | 3469 |
dates, the geographic proximity to the fair, and the best | 3470 |
interests of Ohio racing. On the first day of any month on which | 3471 |
there is money in the fund, the tax commissioner shall provide for | 3472 |
payment to the treasurer of each agricultural society the amount | 3473 |
of the taxes collected under this section upon racing conducted at | 3474 |
and during the course of any exposition or fair conducted by the | 3475 |
society. | 3476 |
(L) From the state tax paid under this section by harness | 3477 |
track permit holders, the tax commissioner shall pay into the Ohio | 3478 |
thoroughbred race fund a sum equal to a percentage of the amount | 3479 |
wagered upon which the tax is paid. The percentage shall be | 3480 |
determined by the tax commissioner and shall be rounded to the | 3481 |
nearest one-hundredth. The percentage shall be such that, when | 3482 |
multiplied by the amount wagered upon which state tax was paid by | 3483 |
the harness track permit holders in the most recent year for which | 3484 |
final figures are available, it results in a sum that | 3485 |
substantially equals the same amount of state tax paid by the tax | 3486 |
commissioner during that year into the Ohio fairs fund from taxes | 3487 |
paid by thoroughbred permit holders. This division does not apply | 3488 |
to county and independent fairs and agricultural societies. | 3489 |
(M) Twenty-five per cent of the state taxes levied on | 3490 |
thoroughbred racing permit holders, harness racing permit holders, | 3491 |
and quarter horse racing permit holders under this section, | 3492 |
division (A) of section 3769.087 of the Revised Code, and division | 3493 |
(F)(2) of section 3769.26 of the Revised Code shall be paid into | 3494 |
the nursing home franchise permit fee fund. The tax commissioner | 3495 |
shall pay any money remaining, after the payment into the nursing | 3496 |
home franchise permit fee fund and the reductions provided for in | 3497 |
division (J) of this section and in section 3769.20 of the Revised | 3498 |
Code, into the Ohio fairs fund, Ohio thoroughbred race fund, Ohio | 3499 |
standardbred development fund, Ohio quarter horse fund, and state | 3500 |
racing commission operating fund as prescribed in this section and | 3501 |
division (A) of section 3769.087 of the Revised Code. The tax | 3502 |
commissioner shall thereafter use and apply the balance of the | 3503 |
money paid as a state tax by any permit holder to cover any | 3504 |
shortage in the accounts of such funds resulting from an | 3505 |
insufficient payment as a state tax by any other permit holder. | 3506 |
The moneys received by the tax commissioner shall be deposited | 3507 |
weekly and paid by the tax commissioner into the funds to cover | 3508 |
the total aggregate amount due from all permit holders to the | 3509 |
funds, as calculated under this section and division (A) of | 3510 |
section 3769.087 of the Revised Code, as applicable. If, after the | 3511 |
payment into the nursing home franchise permit fee fund, | 3512 |
sufficient funds are not available from the state tax deposited by | 3513 |
the tax commissioner to pay the required amounts into the Ohio | 3514 |
fairs fund, Ohio standardbred development fund, Ohio thoroughbred | 3515 |
race fund, Ohio quarter horse fund, and the state racing | 3516 |
commission operating fund, the tax commissioner shall prorate on a | 3517 |
proportional basis the amount paid to each of the funds. Any | 3518 |
shortage to the funds as a result of a proration shall be applied | 3519 |
against future deposits for the same calendar year when funds are | 3520 |
available. After this application, the tax commissioner shall pay | 3521 |
any remaining money paid as a state tax by all permit holders into | 3522 |
the nursing home franchise permit fee fund. This division does not | 3523 |
apply to permit holders conducting racing at the course of an | 3524 |
agricultural exposition or fair as described in division (K) of | 3525 |
this section. | 3526 |
Sec. 3769.087. (A) In addition to the commission of eighteen | 3527 |
per cent retained by each permit holder as provided in section | 3528 |
3769.08 of the Revised Code, each permit holder shall retain an | 3529 |
additional amount equal to four per cent of the total of all | 3530 |
moneys wagered on each racing day on all wagering pools other than | 3531 |
win, place, and show, of which amount retained an amount equal to | 3532 |
three per cent of the total of all moneys wagered on each racing | 3533 |
day on those pools shall be paid by check, draft, or money order | 3534 |
to the tax commissioner, as a tax. Subject to the restrictions | 3535 |
contained in divisions (B), (C), and (M) of section 3769.08 of the | 3536 |
Revised Code, from such additional moneys paid to the tax | 3537 |
commissioner: | 3538 |
(B) In addition to the commission of eighteen per cent | 3563 |
retained by each permit holder as provided in section 3769.08 of | 3564 |
the Revised Code and the additional amount retained by each permit | 3565 |
holder as provided in division (A) of this section, each permit | 3566 |
holder shall retain an additional amount equal to one-half of one | 3567 |
per cent of the total of all moneys wagered on each racing day on | 3568 |
all wagering pools other than win, place, and show. The additional | 3569 |
amount retained under this division shall be paid by check, draft, | 3570 |
or money order to the tax commissioner, as a tax. The tax | 3571 |
commissioner shall pay the amount of the tax received under this | 3572 |
division to the state racing commission operating fund created by | 3573 |
section 3769.03 of the Revised Code. | 3574 |
(3) "Live racing program" means a racing program consisting | 3594 |
of no fewer than seven live horse races at thoroughbred tracks and | 3595 |
nine live races at standardbred tracks and additional horse races | 3596 |
simulcast from other facilities located either inside or outside | 3597 |
this state, in which not more than two horse races on which | 3598 |
pari-mutuel wagering is conducted are simulcast from facilities | 3599 |
located outside this state. If only one racing meeting of a | 3600 |
particular breed of horse is being held, no fewer than nine live | 3601 |
horse races shall be held on a live racing day. If, during the | 3602 |
course of a racing meeting at a standardbred track, the racing | 3603 |
secretary of the permit holder determines that there is an | 3604 |
insufficient number of entries to have a full field of eight | 3605 |
horses for each of nine races on a live racing program, then the | 3606 |
racing secretary of the permit holder, after consultation with the | 3607 |
Ohio harness horsemens association, may reduce the number of live | 3608 |
races on that live racing program
from nine to either eight or | 3609 |
seven, as the racing secretary may determine. The racing secretary | 3610 |
shall not reduce the live racing program to less than seven live | 3611 |
races. If during the course of a meeting at a thoroughbred track, | 3612 |
the racing secretary of a permit holder determines that there is | 3613 |
an insufficient number of entries to have a full field of eight | 3614 |
horses for each of nine races on a live racing program, then the | 3615 |
racing secretary of the permit holder, with the consent of the | 3616 |
thoroughbred horsemens association, may reduce the number of live | 3617 |
races on that live racing program from nine to either eight or | 3618 |
seven, as the racing secretary may determine. The racing secretary | 3619 |
shall not reduce the live racing program to less than seven live | 3620 |
races. No more than seventeen races on which pari-mutuel wagering | 3621 |
is conducted, including both live races and races simulcast from | 3622 |
other facilities located either inside or outside this state, | 3623 |
shall be part of a live racing program. | 3624 |
(9) "Special racing event" means individual races in live | 3646 |
racing programs or simulcast racing programs, and simulcast racing | 3647 |
programs on special event days under division (C) of this section, | 3648 |
conducted at facilities located outside this state for which the | 3649 |
track, racing association, or state regulatory agency conducting | 3650 |
such races charges a simulcast host a fee for the privilege of | 3651 |
receiving a simulcast of such races into this state that is higher | 3652 |
than the customary and regular fee charged for simulcast races | 3653 |
because of the status or popularity of such races. | 3654 |
(B)(1) The state racing commission shall, upon request by any | 3655 |
permit holder, permit electronically televised simulcasts of horse | 3656 |
races at the permit holder's track or enclosure on racing days | 3657 |
authorized by the permit holder's permit. Except as provided in | 3658 |
division (B) of this section, the commission shall not permit the | 3659 |
simulcast of any simulcast racing program conducted at tracks or | 3660 |
facilities located outside this state unless the out-of-state | 3661 |
simulcast racing program is available to all permit holders, | 3662 |
whether serving as simulcast hosts or simulcast guests, and all | 3663 |
satellite facilities, in this state open and operating on that | 3664 |
day. A permit holder or satellite facility may inform the | 3665 |
commission that it waives the right to receive the simulcast of a | 3666 |
simulcast racing program or a race in a simulcast racing program | 3667 |
on that day and in this event the simulcast racing program or | 3668 |
simulcast race shall be available to all other simulcast hosts, | 3669 |
simulcast guests, and satellite facilities open and operating in | 3670 |
this state on that day. | 3671 |
In order for a permit holder to offer simulcasts of horse | 3672 |
races conducted at facilities located outside this state, the | 3673 |
permit holder shall have conducted live racing programs during the | 3674 |
immediately preceding calendar year on a number of days that is | 3675 |
not less than the number of regular live racing days it conducted | 3676 |
in calendar year 1991, not including additional racing days | 3677 |
conducted in calendar year 1991 by the permit holder at a | 3678 |
winterized facility under a permit issued under section 3769.07 of | 3679 |
the Revised Code, as certified by the commission. In satisfying | 3680 |
the foregoing requirement for live racing days during the | 3681 |
immediately preceding calendar year, a permit holder may include | 3682 |
the number of days on which live racing programs were conducted | 3683 |
under a permit issued under section 3769.07 of the Revised Code | 3684 |
for additional racing days at a winterized facility. In addition, | 3685 |
in order for a permit holder to offer simulcasts of horse races | 3686 |
conducted at facilities located outside this state, the permit | 3687 |
holder shall offer all simulcasts of horse races conducted in this | 3688 |
state made available to it. | 3689 |
In order for a permit holder to offer simulcasts of races | 3690 |
conducted at race tracks located outside this state at the same | 3691 |
time and during the hours in which the live races of a live racing | 3692 |
program are being conducted at its track, a permit holder | 3693 |
conducting a thoroughbred live racing program shall obtain the | 3694 |
consent of the thoroughbred horsemens association and a permit | 3695 |
holder conducting a harness live racing program shall obtain the | 3696 |
consent of the Ohio harness horsemens association. The consent of | 3697 |
the horsemen's organization shall not be unreasonably withheld, | 3698 |
and shall be consistent with the interest of preserving live | 3699 |
racing in this state. If a horsemen's organization withholds its | 3700 |
consent, the permit holder may file an objection with the | 3701 |
commission, which shall promptly consider the objection and | 3702 |
determine whether the horsemen's organization's action in | 3703 |
withholding consent is without substantial merit and, if the | 3704 |
commission so determines, shall authorize the permit holder to | 3705 |
simulcast the simulcast racing programs. The determination of the | 3706 |
commission is final. A permit holder, as a simulcast host, may | 3707 |
offer simulcast racing programs at its track or enclosure of races | 3708 |
conducted at tracks and facilities located outside this state | 3709 |
prior to the commencement of, and following the conclusion of, its | 3710 |
live races without obtaining the consent of a horsemen's | 3711 |
organization under this division. | 3712 |
(5) The commission may make exception to the required minimum | 3745 |
number of live racing days or simulcast racing program days in | 3746 |
instances of natural disaster or other unexpected circumstances as | 3747 |
defined by the commission, in its sole discretion. For any | 3748 |
calendar year, the horsemen's association at each track may | 3749 |
negotiate an agreement with the permit holder for that track to | 3750 |
reduce the number of live racing days at that track to less than | 3751 |
the minimum live racing days required by division (B)(2)(a), (b), | 3752 |
or (c) of this section, as applicable, or to increase the number | 3753 |
of live racing days at that track to a number that is greater than | 3754 |
the maximum live racing days permitted by division (B)(2)(c) of | 3755 |
this section, subject to the approval of the commission. These | 3756 |
negotiations shall not reduce the number of live racing days to | 3757 |
less than fifty days per calendar year. | 3758 |
(7) Notwithstanding any other provision related to simulcast | 3764 |
racing programs, in order for a permit holder to offer simulcast | 3765 |
racing programs of races conducted at tracks located outside this | 3766 |
state at the same time and during the hours in which the live | 3767 |
races of a live racing program are being conducted at its track, a | 3768 |
permit holder conducting a thoroughbred live racing program shall | 3769 |
obtain the consent of the thoroughbred horsemen's association and | 3770 |
a permit holder conducting a harness live racing program shall | 3771 |
obtain the consent of the Ohio harness horsemen's association. The | 3772 |
consent of the applicable horsemen's association shall be | 3773 |
consistent with the interest of preserving live racing in this | 3774 |
state. A permit holder, as a simulcast host, may offer simulcast | 3775 |
racing programs at its track or enclosure of races conducted at | 3776 |
tracks and facilities located outside this state before the | 3777 |
commencement of, and following the conclusion of, its live races | 3778 |
without obtaining the consent of a horsemen's association under | 3779 |
this division. | 3780 |
(C) The commission shall allocate to each track one racing | 3781 |
day for each permit holder during each calendar year for the | 3782 |
conduct of a live racing program on which a permit holder may | 3783 |
conduct as few as one live horse race, with the remainder of the | 3784 |
horse races on that racing day on which pari-mutuel wagering is | 3785 |
conducted as part of the live racing program being simulcast from | 3786 |
other tracks and facilities located either inside or outside this | 3787 |
state. In addition, the commission may allocate to each permit | 3788 |
holder racing days on which it may as part of a live racing | 3789 |
program simulcast more than two horse races from facilities | 3790 |
located outside this state if the horse races involve a national | 3791 |
wagering pool and pari-mutuel wagering is conducted on the | 3792 |
national wagering pool, but on such a racing day there shall in no | 3793 |
event be more than two horse races simulcast from facilities | 3794 |
located outside this state included in a live racing program on | 3795 |
which separate pari-mutuel wagering is conducted. As used in this | 3796 |
division, "national wagering pool" means an interstate or | 3797 |
intrastate common pari-mutuel wagering pool involving two or more | 3798 |
selections covering two or more horse races conducted at tracks | 3799 |
located inside or outside this state. | 3800 |
In emergency situations, the commission may authorize a live | 3801 |
racing day at a track in which all horse races on that racing day | 3802 |
on which pari-mutuel wagering is conducted are simulcast from | 3803 |
tracks and facilities located either inside or outside this state | 3804 |
with the consent of the thoroughbred horsemens association for a | 3805 |
track conducting a thoroughbred live racing program and with the | 3806 |
consent of the Ohio harness horsemens association for a track | 3807 |
conducting a harness live racing program. If a horsemen's | 3808 |
organization withholds its consent, the permit holder may file an | 3809 |
objection with the commission, which shall promptly consider the | 3810 |
objection and determine whether the horsemen's organization's | 3811 |
action in withholding consent is without substantial merit and, if | 3812 |
the commission so determines, shall authorize the permit holder to | 3813 |
simulcast the simulcast racing programs. The determination of the | 3814 |
commission is final. | 3815 |
(D) On any day that a racing day has been applied for at any | 3816 |
track in this state, each track in this state may operate as | 3817 |
either a simulcast host or a simulcast guest and may conduct, with | 3818 |
the approval of the state racing commission, pari-mutuel wagering | 3819 |
on all simulcasts of races conducted inside this state made | 3820 |
available to it plus all simulcasts of races conducted at | 3821 |
facilities located outside this state as determined by the | 3822 |
simulcast hosts. Except as otherwise provided in this section, any | 3823 |
simulcast host or simulcast guest may receive and conduct | 3824 |
simulcast racing programs that feature any breed of horse at any | 3825 |
time of day, as authorized by the commission. Those persons | 3826 |
holding state fair, county fair, or other fair permits shall not | 3827 |
receive a simulcast racing program on which pari-mutuel wagering | 3828 |
is conducted, except that a holder of a permit issued under | 3829 |
section 3769.07 of the Revised Code that has been authorized by | 3830 |
the commission to conduct races of the state fair, a county fair, | 3831 |
or other fair at a commercial track may receive and conduct | 3832 |
simulcast racing programs as a simulcast host or simulcast guest | 3833 |
at the same time in conjunction with the live racing program of | 3834 |
the state fair, county fair, or other fair permit holder conducted | 3835 |
at its track. | 3836 |
The simulcast hosts, with the approval of the state racing | 3837 |
commission, shall determine which simulcast racing programs | 3838 |
offered by race tracks located outside this state will be | 3839 |
simulcast at their tracks and at all simulcast hosts, simulcast | 3840 |
guests, and satellite facilities in this state that are open and | 3841 |
operating during the hours that the simulcast hosts are operating. | 3842 |
Simulcast guests and satellite facilities shall receive all | 3843 |
approved simulcast racing programs offered by simulcast hosts. In | 3844 |
addition, a simulcast host and simulcast guest, with the approval | 3845 |
of the commission, may also receive simulcast horse races and | 3846 |
simulcast racing programs not agreed to by simulcast hosts. | 3847 |
A simulcast host that normally operates during the day only | 3848 |
may serve as a simulcast host for only day-simulcast racing | 3849 |
programs, which include all simulcast racing programs that | 3850 |
commence at a track located outside this state on or before four | 3851 |
p.m. A simulcast host that normally operates during the evening | 3852 |
only may serve as a simulcast host for only evening-simulcast | 3853 |
racing programs, which include all simulcast racing programs that | 3854 |
commence at a track located outside this state on or after three | 3855 |
p.m. A simulcast host that normally operates during the evening, | 3856 |
but that under its permit conducts live racing programs during the | 3857 |
day, may serve as a simulcast host for day-simulcast racing | 3858 |
programs. A permit holder that is offering at its track simulcast | 3859 |
racing programs that commence at a track located outside this | 3860 |
state on or before four p.m. and simulcast racing programs that | 3861 |
commence at a track located outside this state on or after three | 3862 |
p.m. may serve as a simulcast host for both the day-simulcast | 3863 |
racing program and the evening-simulcast racing program only if no | 3864 |
other permit holder is serving as a simulcast host for the other | 3865 |
simulcast racing programs. The times listed in this and the | 3866 |
immediately following paragraphs are standard time as described in | 3867 |
section 1.04 of the Revised Code and in the "Uniform Time Act of | 3868 |
1966," 80 Stat. 107, 15 U.S.C. 260 to 265. | 3869 |
If a simulcast host is conducting a racing program that | 3870 |
features thoroughbred or quarter horses on the same day that | 3871 |
another simulcast host is conducting a live racing program that | 3872 |
features harness horses at a track located in the same county as, | 3873 |
or within twenty miles of, the track of the first simulcast host, | 3874 |
the first simulcast host shall not conduct pari-mutuel wagering on | 3875 |
simulcast racing programs that commence after four p.m. on that | 3876 |
day and the second simulcast host shall not conduct wagering on | 3877 |
simulcast racing programs that commence before three p.m. on that | 3878 |
day. | 3879 |
A simulcast host that is conducting a live racing program and | 3880 |
is simulcasting that program to other simulcast hosts and | 3881 |
simulcast guests in this state shall receive from each simulcast | 3882 |
host and each simulcast guest receiving the simulcast an | 3883 |
intrastate simulcast fee of one and three-eighths per cent of the | 3884 |
amounts wagered on such simulcast racing program at its | 3885 |
facilities. The simulcast hosts and simulcast guests receiving | 3886 |
such simulcast racing program shall pay the intrastate simulcast | 3887 |
fee to the collection and settlement agent, and the fee shall be | 3888 |
disbursed by the agent, at the time and in the manner provided in | 3889 |
section 3769.0810 of the Revised Code. | 3890 |
(E)(1) The moneys wagered on simulcast racing programs on a | 3891 |
racing day shall be separated from the moneys wagered on the live | 3892 |
racing program on that racing day. From the moneys wagered on the | 3893 |
simulcast races, each permit holder may retain as a commission the | 3894 |
percentage of the amount wagered as specified in sections 3769.08 | 3895 |
and 3769.087 of the Revised Code, as applicable, and shall pay, by | 3896 |
check, draft, or money order to the state tax commissioner, as a | 3897 |
tax, the tax specified in sections 3769.08 and 3769.087 of the | 3898 |
Revised Code, as applicable. From the tax collected, the tax | 3899 |
commissioner shall make the distributions to the respective funds, | 3900 |
and in the proper amounts, as required by sections 3769.08 and | 3901 |
3769.087 of the Revised Code, as applicable. Except as provided in | 3902 |
divisions (E)(2) and (3) of this section, from the amount | 3903 |
remaining after the payment of state taxes on the moneys wagered | 3904 |
on live racing programs and on the moneys wagered on simulcast | 3905 |
racing programs, a permit holder shall retain an amount equal to | 3906 |
two and three-eightsthree-eighths per cent of the amount wagered | 3907 |
on live racing programs and on intrastate and interstate simulcast | 3908 |
racing programs simulcast at its track and on the amount wagered | 3909 |
on the live racing programs and simulcast racing programs at a | 3910 |
satellite facility allocated to it under section 3769.26 of the | 3911 |
Revised Code, as a fee to pay for those costs associated with the | 3912 |
reception and transmission of simulcasts and the administrative | 3913 |
cost of the conduct of live racing programs and simulcast racing | 3914 |
programs. From the remaining balance, one-half shall be retained | 3915 |
by the permit holder for purses. On a day when a permit holder | 3916 |
conducts a live racing program, all purse money generated from | 3917 |
wagering on live racing programs and on simulcast racing programs | 3918 |
at its track shall be used for that permit holder's purse account. | 3919 |
On a day when a permit holder operates as a simulcast host with no | 3920 |
live racing program, or operates as a simulcast guest, all purse | 3921 |
money generated from wagering on intrastate and interstate | 3922 |
simulcast racing programs shall be paid to the state racing | 3923 |
commission for deposit into the Ohio combined simulcast horse | 3924 |
racing purse fund created under this section. In addition, on a | 3925 |
day when a permit holder serves as a simulcast host for a | 3926 |
satellite facility, all purse money generated from amounts wagered | 3927 |
at the satellite facility allocated to the permit holder under | 3928 |
section 3769.26 of the Revised Code shall be paid to the | 3929 |
commission for deposit into the Ohio simulcast horse racing purse | 3930 |
fund. | 3931 |
(2) If there are not four satellite facilities in operation | 3932 |
in this state within one year after the effective date of this | 3933 |
sectionSeptember 19, 1996, or if there are not seven satellite | 3934 |
facilities in operation in this state within two years after
the | 3935 |
effective date of this sectionSeptember 19, 1996, or if there are | 3936 |
not ten satellite facilities in operation in this state within | 3937 |
three years after the effective date of this sectionSeptember 19, | 3938 |
1996, then in any such event the amount to be retained as a fee by | 3939 |
the permit holder under division (E)(1) of this section shall be | 3940 |
one and seven-eighths per cent until such time as the number of | 3941 |
satellite facilities specified in division (E)(2) of this section | 3942 |
are in operation. For good cause shown, the thoroughbred horsemens | 3943 |
association and Ohio harness horsemens association may waive the | 3944 |
requirements of division (E)(2) of this section or extend the date | 3945 |
for compliance as to any year by filing a written notification | 3946 |
with the state racing commission. | 3947 |
(3) If a simulcast racing program simulcast by a simulcast | 3948 |
host at its track or enclosure and to other simulcast hosts, | 3949 |
simulcast guests, and satellite facilities in this state is a | 3950 |
special racing event, the permit holder offering the special | 3951 |
racing event and other simulcast hosts, simulcast guests, and | 3952 |
satellite facilities receiving the special racing event shall not | 3953 |
retain the fee provided under division (E)(1) or (2) of this | 3954 |
section but shall retain from the moneys wagered on the special | 3955 |
racing event an amount equal to the fee charged by the track, | 3956 |
racing association, or state regulatory agency simulcasting the | 3957 |
special racing event to the simulcast host. From the remaining | 3958 |
balance, one-half shall be retained by the permit holder for | 3959 |
purses in the manner provided in division (E)(1) of this section. | 3960 |
A permit holder proposing to simulcast a special racing event | 3961 |
as a simulcast host shall advise its horsemen's organization of | 3962 |
the proposed schedule of the special racing event and obtain its | 3963 |
consent to this schedule. The consent of the horsemen's | 3964 |
organization shall not be unreasonably withheld and shall be | 3965 |
consistent with the interest of preserving live racing in this | 3966 |
state. If the horsemen's organization withholds its consent, the | 3967 |
permit holder may file an objection with the state racing | 3968 |
commission, which shall promptly consider the objection and | 3969 |
determine whether the organization's action in withholding consent | 3970 |
is without substantial merit and, if the commission so determines, | 3971 |
shall authorize the permit holder to simulcast the special racing | 3972 |
event. The determination of the commission is final. | 3973 |
(F) There is hereby created in the state treasury the Ohio | 3974 |
combined simulcast horse racing purse fund, to consist of moneys | 3975 |
paid into it by permit holders pursuant to division (E) of this | 3976 |
section and by satellite facilities pursuant to division (F) of | 3977 |
section 3769.26 of the Revised Code. Moneys to the credit of the | 3978 |
fund, including interest earned thereon, may be used by the | 3979 |
commission for the costs of administering this division and the | 3980 |
balance shall be distributed among permit holders no less | 3981 |
frequently than monthly to each permit holder's purse account on | 3982 |
order of the commission. | 3983 |
For each calendar year, permit holders at each track shall | 3984 |
receive a share of each distribution of the Ohio combined | 3985 |
simulcast horse racing purse fund in the same percentage, rounded | 3986 |
to the nearest one-hundredth of the amount of each distribution, | 3987 |
as the average total amount wagered at the track on racing days at | 3988 |
which live racing programs were conducted, including the amount | 3989 |
allocated to the track under section 3769.26 of the Revised Code | 3990 |
for live races, during the five calendar years immediately | 3991 |
preceding the year for which the distribution is made bears to the | 3992 |
average annual total amount wagered at all tracks in the state | 3993 |
operating under permits issued by the state racing commission | 3994 |
under section 3769.07, 3769.071, or 3769.072 of the Revised Code | 3995 |
on all racing days at which live racing programs were conducted, | 3996 |
including the amount allocated to the tracks under section 3769.26 | 3997 |
of the Revised Code for live races, during the five calendar years | 3998 |
immediately preceding the year for which the distribution is made. | 3999 |
By the thirty-first day of January of each year the commission | 4000 |
shall calculate the share of the permit holders at each track for | 4001 |
that year, shall enter the share percentages in its official | 4002 |
records, and shall notify all permit holders of the share | 4003 |
percentages of all tracks for that calendar year. | 4004 |
(G) Upon the approval of the commission, a permit holder | 4016 |
conducting live racing programs may transmit electronically | 4017 |
televised simulcasts of horse races conducted at the permit | 4018 |
holder's track to racing associations, tracks, and facilities | 4019 |
located outside this state for the conduct of pari-mutuel wagering | 4020 |
thereon, at the times, on the terms, and for the fee agreed upon | 4021 |
by the permit holder and the receiving racing association, track, | 4022 |
or facility. From the fees paid to the permit holder for such | 4023 |
simulcasts, a permit holder shall retain for the costs of | 4024 |
administration a fee in an amount equal to one per cent of the | 4025 |
amount wagered on the races simulcast by the permit holder. From | 4026 |
the remaining balance of the fee, one-half shall be retained by | 4027 |
the permit holder for purses, except that notwithstanding the fee | 4028 |
arrangement between the permit holder and the receiving racing | 4029 |
association, track, or facility, the permit holder shall deposit | 4030 |
into its purse account not less than an amount equal to | 4031 |
three-fourths of one per cent of the amount wagered at racing | 4032 |
associations, tracks, and facilities located outside the state on | 4033 |
the races simulcast by the permit holder. | 4034 |
All televised simulcasts of horse races conducted in this | 4035 |
state to racing associations, tracks, and facilities located | 4036 |
outside this state shall comply with the "Interstate Horse Racing | 4037 |
Act of 1978," 92 Stat. 1811, 15 U.S.C.A. 3001 to 3007. The consent | 4038 |
of the horsemen's organization at the track of the permit holder | 4039 |
applying to the commission to simulcast horse races conducted at | 4040 |
the permit holder's track to racing associations, tracks, and | 4041 |
facilities located outside this state shall not be unreasonably | 4042 |
withheld and shall be consistent with the interest of preserving | 4043 |
live racing. If a horsemen's organization withholds its consent, | 4044 |
the permit holder may file an objection with the commission, which | 4045 |
shall promptly consider the objection and determine whether the | 4046 |
horsemen's organization's action in withholding consent is without | 4047 |
substantial merit and, if the commission so determines, shall | 4048 |
authorize the permit holder to simulcast the races. The | 4049 |
determination of the commission is final. | 4050 |
(H)(1) The state racing commission may authorize any permit | 4051 |
holder that is authorized to conduct live horse racing on racing | 4052 |
days and that conducts pari-mutuel wagering on simulcasts of horse | 4053 |
races under this section that are conducted at race tracks either | 4054 |
inside or outside this state to conduct, supervise, and | 4055 |
participate in interstate and intrastate common pari-mutuel | 4056 |
wagering pools on those races in the manner provided in division | 4057 |
(H) of this section. Except as otherwise expressly provided in | 4058 |
division (H) of this section or in the rules of the state racing | 4059 |
commission, the provisions of this chapter that govern pari-mutuel | 4060 |
wagering apply to interstate or intrastate common pari-mutuel | 4061 |
wagering pools. | 4062 |
(2) Subject to the approval of the state racing commission, | 4063 |
the types of wagering, calculation of the commission retained by | 4064 |
the permit holder, tax rates, distribution of winnings, and rules | 4065 |
of racing in effect for pari-mutuel wagering pools at the host | 4066 |
track may govern wagers placed at a receiving track in this state | 4067 |
and merged into an interstate or intrastate common pari-mutuel | 4068 |
wagering pool. Breakage from interstate or intrastate common | 4069 |
pari-mutuel wagering pools shall be calculated in accordance with | 4070 |
the rules that govern the host track and shall be distributed | 4071 |
among the tracks participating in the interstate or intrastate | 4072 |
common wagering pool in a manner agreed to by the participating | 4073 |
tracks and the host track. An interstate common pari-mutuel | 4074 |
wagering pool formed under division (H)(3) of this section is | 4075 |
subject to that division rather than to division (H)(2) of this | 4076 |
section. | 4077 |
(3) Subject to the approval of the state racing commission, | 4078 |
an interstate common pari-mutuel wagering pool may be formed | 4079 |
between a permit holder and one or more receiving tracks located | 4080 |
in states other than the state in which the host track is located. | 4081 |
The commission may approve types of wagering, calculation of the | 4082 |
commission retained by the permit holder, tax rates, distribution | 4083 |
of winnings, rules of racing, and calculation of breakage for such | 4084 |
an interstate common pari-mutuel wagering pool that differ from | 4085 |
those that would otherwise be applied in this state under this | 4086 |
chapter but that are consistent for all tracks participating in | 4087 |
the interstate common pari-mutuel wagering pool formed under | 4088 |
division (H)(3) of this section. | 4089 |
(J) No license, fee, or excise tax, other than as specified | 4102 |
in division (E) of this section, shall be assessed upon or | 4103 |
collected from a permit holder or the owners of a permit holder in | 4104 |
connection with, or pertaining to, the operation and conduct of | 4105 |
simulcast racing programs in this state, by any county, township, | 4106 |
municipal corporation, district, or other body having the | 4107 |
authority to assess or collect a tax or fee. | 4108 |
(K)(1) Permit holders operating tracks within the same county | 4109 |
or adjacent counties that are conducting simulcast racing programs | 4110 |
under this section may enter into agreements regarding the conduct | 4111 |
of simulcast racing programs at their respective tracks and the | 4112 |
sharing of the retained commissions therefrom, for such periods of | 4113 |
time, upon such terms and conditions, and subject to such rights | 4114 |
and obligations, as the contracting permit holders consider | 4115 |
appropriate under the circumstances. Permit holders
so contracting | 4116 |
shall notify the state racing commission of their entry into an | 4117 |
agreement pursuant to this division, the names of the permit | 4118 |
holders that are parties to the agreement, and the length of the | 4119 |
term oftime the agreement shall be in effect. | 4120 |
Sec. 3770.02. (A) Subject to the advice and consent of the | 4140 |
senate, the governor shall appoint a director of the state lottery | 4141 |
commission who shall serve at the pleasure of the governor. The | 4142 |
director shall devote full time to the duties of the office and | 4143 |
shall hold no other office or employment. The director shall meet | 4144 |
all requirements for appointment as a member of the commission and | 4145 |
shall, by experience and training, possess management skills that | 4146 |
equip the director to administer an enterprise of the nature of a | 4147 |
state lottery. The director shall receive an annual salary in | 4148 |
accordance with pay range 48 of section 124.152 of the Revised | 4149 |
Code. | 4150 |
(C)(1) The director shall appoint an assistant director, | 4163 |
deputy directors of marketing, operations, sales, finance, public | 4164 |
relations, security, and administration, and as many regional | 4165 |
managers as are required. The director may also appoint necessary | 4166 |
professional, technical, and clerical assistants. All such | 4167 |
officers and employees shall be appointed and compensated pursuant | 4168 |
to Chapter 124. of the Revised Code. Regional and assistant | 4169 |
regional managers, sales representatives, and any lottery | 4170 |
executive account representatives shall remain in the unclassified | 4171 |
service. | 4172 |
(D) The director shall request the bureau of criminal | 4176 |
identification and investigation, the department of public safety, | 4177 |
or any other state, local, or federal agency to supply the | 4178 |
director with the criminal records of any job applicant and may | 4179 |
periodically request the criminal records of commission employees. | 4180 |
At or prior to the time of making such a request, the director | 4181 |
shall require a job applicant or commission employee to obtain | 4182 |
fingerprint cards prescribed by the superintendent of the bureau | 4183 |
of criminal identification and investigation at a qualified law | 4184 |
enforcement agency, and the director shall cause these fingerprint | 4185 |
cards to be forwarded to the bureau of criminal identification and | 4186 |
investigation and the federal bureau of investigation. The | 4187 |
commission shall assume the cost of obtaining the fingerprint | 4188 |
cards and shall pay to each agency supplying criminal records for | 4189 |
each investigation under this division a reasonable fee, as | 4190 |
determined by the agency. | 4191 |
(E) The director shall license lottery sales agents pursuant | 4192 |
to section 3770.05 of the Revised Code and, when it is considered | 4193 |
necessary, may revoke or suspend the license of any lottery sales | 4194 |
agent. The director may license video lottery technology | 4195 |
providers, independent testing laboratories, and gaming employees, | 4196 |
and promulgate rules relating thereto. When the director considers | 4197 |
it necessary, the director may suspend or revoke the license of a | 4198 |
video lottery technology provider, independent testing laboratory, | 4199 |
or gaming employee, including suspension or revocation without | 4200 |
affording an opportunity for a prior hearing under section 119.07 | 4201 |
of the Revised Code when the public safety, convenience, or trust | 4202 |
requires immediate action. | 4203 |
(F) The director shall confer at least once each month with | 4204 |
the commission, at which time the director shall advise it | 4205 |
regarding the operation and administration of the lottery. The | 4206 |
director shall make available at the request of the commission all | 4207 |
documents, files, and other records pertaining to the operation | 4208 |
and administration of the lottery. The director shall prepare and | 4209 |
make available to the commission each month a complete and | 4210 |
accurate accounting of lottery revenues, prize money disbursements | 4211 |
and the cost of goods and services awarded as prizes, operating | 4212 |
expenses, and all other relevant financial information, including | 4213 |
an accounting of all transfers made from any lottery funds in the | 4214 |
custody of the treasurer of state to benefit education. | 4215 |
(H)(1) Pursuant to rules adopted by the commission under | 4219 |
section 3770.03 of the Revised Code, the director shall require | 4220 |
any lottery sales agents to either mail directly to the commission | 4221 |
or deposit to the credit of the state lottery fund, in banking | 4222 |
institutions designated by the treasurer of state, net proceeds | 4223 |
due the commission as determined by the director, and to file with | 4224 |
the director or the director's designee reports of their receipts | 4225 |
and transactions in the sale of lottery tickets in the form | 4226 |
required by the director. | 4227 |
Sec. 3770.03. (A) The state lottery commission shall | 4263 |
promulgate rules under which a statewide lottery may be conducted, | 4264 |
which includes, and since the original enactment of this section | 4265 |
has included, the authority for the commission to operate video | 4266 |
lottery terminal games. Any reference in this chapter to tickets | 4267 |
shall not be construed to in any way limit the authority of the | 4268 |
commission to operate video lottery terminal games. Nothing in | 4269 |
this chapter shall restrict the authority of the commission to | 4270 |
promulgate rules related to the operation of games utilizing video | 4271 |
lottery terminals as described in section 3770.21 of the Revised | 4272 |
Code. The rules shall be promulgated pursuant to Chapter 119. of | 4273 |
the Revised Code, except that instant game rules shall be | 4274 |
promulgated pursuant to section 111.15 of the Revised Code but are | 4275 |
not subject to division (D) of that section. Video lottery | 4276 |
terminal games shall be approved by resolution of the commission. | 4277 |
Subjects covered in these rules shall include, but need not be | 4278 |
limited to, the following: | 4279 |
(1) The locations at which lottery tickets may be sold and | 4291 |
the manner in which they are to be sold. These rules may authorize | 4292 |
the sale of lottery tickets by commission personnel or other | 4293 |
licensed individuals from traveling show wagons at the state fair, | 4294 |
and at any other expositions the director of the commission | 4295 |
considers acceptable. These rules shall prohibit commission | 4296 |
personnel or other licensed individuals from soliciting from an | 4297 |
exposition the right to sell lottery tickets at that exposition, | 4298 |
but shall allow commission personnel or other licensed individuals | 4299 |
to sell lottery tickets at an exposition if the exposition | 4300 |
requests commission personnel or licensed individuals to do so. | 4301 |
These rules may also address the accessibility of sales agent | 4302 |
locations to commission products in accordance with the "Americans | 4303 |
with Disabilities Act of 1990," 104 Stat. 327, 42 U.S.C.A. 12101 | 4304 |
et seq. | 4305 |
(4) The substantive criteria for the licensing of lottery | 4312 |
sales agents consistent with section 3770.05 of the Revised Code, | 4313 |
and procedures for revoking or suspending their licenses | 4314 |
consistent with Chapter 119. of the Revised Code. If | 4315 |
circumstances, such as the nonpayment of funds owed by a lottery | 4316 |
sales agent, or other circumstances related to the public safety, | 4317 |
convenience, or trust, require immediate action, the director may | 4318 |
suspend a license without affording an opportunity for a prior | 4319 |
hearing under section 119.07 of the Revised Code. | 4320 |
(5) Special game rules to implement any agreements signed by | 4321 |
the governor that the director enters into with other lottery | 4322 |
jurisdictions under division (J) of section 3770.02 of the Revised | 4323 |
Code to conduct statewide joint lottery games. The rules shall | 4324 |
require that the entire net proceeds of those games that remain, | 4325 |
after associated operating expenses, prize disbursements, lottery | 4326 |
sales agent bonuses, commissions, and reimbursements, and any | 4327 |
other expenses necessary to comply with the agreements or the | 4328 |
rules are deducted from the gross proceeds of those games, be | 4329 |
transferred to the lottery profits education fund under division | 4330 |
(B) of section 3770.06 of the Revised Code. | 4331 |
(D) The commission may promulgate rules, in addition to those | 4338 |
described in divisions (A) and (B) of this section, that establish | 4339 |
standards governing the display of advertising and celebrity | 4340 |
images on lottery tickets and on other items that are used in the | 4341 |
conduct of, or to promote, the statewide lottery and statewide | 4342 |
joint lottery games. Any revenue derived from the sale of | 4343 |
advertising displayed on lottery tickets and on those other items | 4344 |
shall be considered, for purposes of section 3770.06 of the | 4345 |
Revised Code, to be related proceeds in connection with the | 4346 |
statewide lottery or gross proceeds from statewide joint lottery | 4347 |
games, as applicable. | 4348 |
(E)(1) The commission shall meet with the director at least | 4349 |
once each month and shall convene other meetings at the request of | 4350 |
the chairperson or any five of the members. No action taken by the | 4351 |
commission shall be binding unless at least five of the members | 4352 |
present vote in favor of the action. A written record shall be | 4353 |
made of the proceedings of each meeting and shall be transmitted | 4354 |
forthwith to the governor, the president of the senate, the senate | 4355 |
minority leader, the speaker of the house of representatives, and | 4356 |
the house minority leader. | 4357 |
(2) The director shall present to the commission a report | 4358 |
each month, showing the total revenues, prize disbursements, and | 4359 |
operating expenses of the state lottery for the preceding month. | 4360 |
As soon as practicable after the end of each fiscal year, the | 4361 |
commission shall prepare and transmit to the governor and the | 4362 |
general assembly a report of lottery revenues, prize | 4363 |
disbursements, and operating expenses for the preceding fiscal | 4364 |
year and any recommendations for legislation considered necessary | 4365 |
by the commission. | 4366 |
Sec. 3770.05. (A) As used in this section, "person" means | 4367 |
any person, association, corporation, partnership, club, trust, | 4368 |
estate, society, receiver, trustee, person acting in a fiduciary | 4369 |
or representative capacity, instrumentality of the state or any of | 4370 |
its political subdivisions, or any other combination of | 4371 |
individuals meeting the requirements set forth in this section or | 4372 |
established by rule or order of the state lottery commission. | 4373 |
(F) The director of the state lottery commission shall | 4435 |
request the bureau of criminal identification and investigation, | 4436 |
the department of public safety, or any other state, local, or | 4437 |
federal agency to supply the director with the criminal records of | 4438 |
any applicant for a lottery sales agent license, and may | 4439 |
periodically request the criminal records of any person to whom a | 4440 |
lottery sales agent license has been issued. At or prior to the | 4441 |
time of making such a request, the director shall require an | 4442 |
applicant or licensee to obtain fingerprint impressions on | 4443 |
fingerprint cards prescribed by the superintendent of the bureau | 4444 |
of criminal identification and investigation at a qualified law | 4445 |
enforcement agency, and the director shall cause those fingerprint | 4446 |
cards to be forwarded to the bureau of criminal identification and | 4447 |
investigation, to the federal bureau of investigation, or to both | 4448 |
bureaus. The commission shall assume the cost of obtaining the | 4449 |
fingerprint cards. | 4450 |
(b) Prior to approval of the application, obtain a surety | 4464 |
bond in an amount the director determines by rule adopted under | 4465 |
Chapter 119. of the Revised Code or, alternatively, with the | 4466 |
director's approval, deposit the same amount into a dedicated | 4467 |
account for the benefit of the state lottery. The director also | 4468 |
may approve the obtaining of a surety bond to cover part of the | 4469 |
amount required, together with a dedicated account deposit to | 4470 |
cover the remainder of the amount required. The director also may | 4471 |
establish an alternative program or policy, with the approval of | 4472 |
the commission by rule adopted under Chapter 119. of the Revised | 4473 |
Code, that otherwise ensures the lottery's financial interests are | 4474 |
adequately protected. If such an alternative program or policy is | 4475 |
established, an applicant or lottery sales agent, subject to the | 4476 |
director's approval, may be permitted to participate in the | 4477 |
program or proceed under that policy in lieu of providing a surety | 4478 |
bond or dedicated amount. | 4479 |
A surety bond, dedicated account, other established program | 4485 |
or policy, or bothany combination of these resources, as | 4486 |
applicable, may be used to pay for the lottery sales agent's | 4487 |
failure to make prompt and accurate payments for lottery ticket | 4488 |
sales, for missing or stolen lottery tickets, for damage to | 4489 |
equipment or materials issued to the lottery sales agent, or to | 4490 |
pay for expenses the commission incurs in connection with the | 4491 |
lottery sales agent's license. | 4492 |
(3) A lottery sales agent license shall be complete, | 4510 |
accurate, and current at all times during the term of the license. | 4511 |
Any changes to an original license application or a renewal | 4512 |
application may subject the applicant or lottery sales agent, as | 4513 |
applicable, to paying an administrative fee that shall be in an | 4514 |
amount that the director determines by rule adopted under Chapter | 4515 |
119. of the Revised Code, that the controlling board approves, and | 4516 |
that shall not exceed the actual cost of administering and | 4517 |
processing the changes to an application. | 4518 |
(I) If a lottery sales agent's rental payments for the | 4527 |
lottery sales agent's premises are determined, in whole or in | 4528 |
part, by the amount of retail sales the lottery sales agent makes, | 4529 |
and if the rental agreement does not expressly provide that the | 4530 |
amount of those retail sales includes the amounts the lottery | 4531 |
sales agent receives from lottery ticket sales, only the amounts | 4532 |
the lottery sales agent receives as compensation from the state | 4533 |
lottery commission for selling lottery tickets shall be considered | 4534 |
to be amounts the lottery sales agent receives from the retail | 4535 |
sales the lottery sales agent makes, for the purpose of computing | 4536 |
the lottery sales agent's rental payments. | 4537 |
Sec. 3770.07. (A)(1) Except as provided in division (A)(2) | 4538 |
of this section, lottery prize awards shall be claimed by the | 4539 |
holder of the winning lottery ticketproduct, or by the executor | 4540 |
or administrator, or the trustee of a trust, of the estate of a | 4541 |
deceased holder of a winning lottery
ticketproduct, in a manner | 4542 |
to be determined by the state lottery commission, within one | 4543 |
hundred eighty days after the date on which the prize award was | 4544 |
announced if the lottery game is an online game, and within one | 4545 |
hundred eighty days after the close of the game if the lottery | 4546 |
game is an instant game. | 4547 |
NoAny lottery prize award with a value that meets or exceeds | 4548 |
five hundred ninety-nine dollarsthe reportable winnings amounts | 4549 |
set by 26 U.S.C. 6041, or a subsequent analogous section of the | 4550 |
Internal Revenue Code, shall not be claimed by or paid to any | 4551 |
person, as defined in section 1.59 of the Revised Code or as | 4552 |
defined by rule or order of the state lottery commission, until | 4553 |
the name, address, and social security number of each beneficial | 4554 |
owner of the prize award are disclosed todocumented for the | 4555 |
commission. Except when a beneficial owner otherwise consents in | 4556 |
writing, in the case of a claim for a lottery prize award made by | 4557 |
one or more beneficial owners using a trust, the name, address, | 4558 |
and social security number of each such beneficial owner in the | 4559 |
commission's records as a result of such a disclosure are | 4560 |
confidential and shall not be subject to inspection or copying | 4561 |
under section 149.43 of the Revised Code as a public record. | 4562 |
(4) The state lottery commission may share with other | 4584 |
governmental agencies the name, address, and social security | 4585 |
number of a beneficial owner disclosed to the commission under | 4586 |
division (A)(1) of this section, as authorized under sections | 4587 |
3770.071 and 3770.073 of the Revised Code. Any shared information | 4588 |
as disclosed pursuant to those sections that is made confidential | 4589 |
by division (A)(1) of this section remains confidential and shall | 4590 |
not be subject to inspection or copying under section 149.43 of | 4591 |
the Revised Code as a public record unless the applicable | 4592 |
beneficial owner otherwise provides written consent. | 4593 |
(B) If a prize winner, as defined in section 3770.10 of the | 4619 |
Revised Code, is under eighteen years of age, or is under some | 4620 |
other legal disability, and the prize money or the cost of goods | 4621 |
or services awarded as a prize exceeds one thousand dollars, the | 4622 |
director of the state lottery commission shall order that payment | 4623 |
be made to the order of the legal guardian of that prize winner. | 4624 |
If the amount of the prize money or the cost of goods or services | 4625 |
awarded as a prize is one thousand dollars or less, the director | 4626 |
may order that payment be made to the order of the adult member, | 4627 |
if any, of that prize winner's family legally responsible for the | 4628 |
care of that prize winner. | 4629 |
(D)(1) No right of any prize winner, as defined in section | 4633 |
3770.10 of the Revised Code, to a prize award shall be assignable | 4634 |
except as follows: when the payment is to be made to the executor | 4635 |
or administrator, or the trustee of a trust, of the estate of a | 4636 |
winning ticket holderprize winner; when the award of a prize is | 4637 |
disputed, any person may be awarded a prize award to which another | 4638 |
has claimed title, pursuant to the order of a court of competent | 4639 |
jurisdiction; when a person is awarded a prize award to which | 4640 |
another has claimed title, pursuant to the order of a federal | 4641 |
bankruptcy court under Title 11 of the United States Code; or as | 4642 |
provided in sections 3770.10 to 3770.14 of the Revised Code. | 4643 |
(2)(a) No right of any prize winner, as defined in section | 4644 |
3770.10 of the Revised Code, to a prize award with a remaining | 4645 |
unpaid balance of less than one hundred thousand dollars shall be | 4646 |
subject to garnishment, attachment, execution, withholding, or | 4647 |
deduction except as provided in sections 3119.80, 3119.81, | 4648 |
3121.02, 3121.03, and 3123.06 of the Revised Code or when the | 4649 |
director is to make a payment pursuant to section 3770.071 or | 4650 |
3770.073 of the Revised Code. | 4651 |
(b) No right of any prize winner, as defined in section | 4652 |
3770.10 of the Revised Code, to a prize award with an unpaid | 4653 |
balance of one hundred thousand dollars or more shall be subject | 4654 |
to garnishment, attachment, execution, withholding, or deduction | 4655 |
except as follows: as provided in sections 3119.80, 3119.81, | 4656 |
3121.02, 3121.03, and 3123.06 of the Revised Code; when the | 4657 |
director is to make a payment pursuant to section 3770.071 or | 4658 |
3770.073 of the Revised Code; or pursuant to the order of a court | 4659 |
of competent jurisdiction located in this state in a proceeding in | 4660 |
which the state lottery commission is a named party, in which case | 4661 |
the garnishment, attachment, execution, withholding, or deduction | 4662 |
pursuant to the order shall be subordinate to any payments to be | 4663 |
made pursuant to section 3119.80, 3119.81, 3121.02, 3121.03, | 4664 |
3123.06, 3770.071, or 3770.073 of the Revised Code. | 4665 |
(5) The state lottery commission shall adopt rules pursuant | 4678 |
to section 3770.03 of the Revised Code concerning the payment of | 4679 |
prize awards upon the death of a prize winner, as defined in | 4680 |
section 3770.10 of the Revised Code. Upon the death of a prize | 4681 |
winner, the remainder of the prize winner's prize award, to the | 4682 |
extent it is not subject to a transfer agreement under sections | 4683 |
3770.10 to 3770.14 of the Revised Code, may be paid to the | 4684 |
executor, administrator, or trustee in the form of a discounted | 4685 |
lump sum cash settlement. | 4686 |
(E) No lottery prize award shall be awarded to or for any | 4687 |
officer or employee of the state lottery commission, any officer | 4688 |
or employee of the auditor of state actively auditing, | 4689 |
coordinating and, or certifying commission drawings, or any blood | 4690 |
relative or spouse of such an officer or employee of the | 4691 |
commission or auditor of state living as a member of the officer's | 4692 |
or employee's household, nor shall any such officer, employee, | 4693 |
blood relative, or spouse attempt to claim a lottery prize award. | 4694 |
(G) Upon the payment of prize awards pursuant to a provision | 4698 |
of this section, other than a provision of division (D) of this | 4699 |
section, the director and the state lottery commission are | 4700 |
discharged from all further liability for their payment. | 4701 |
Installment payments of lottery prize awards shall be paid by | 4702 |
official check or warrant, and they shall be sent by mail delivery | 4703 |
to the prize winner's address within the United States or by | 4704 |
electronic funds transfer to an established bank account located | 4705 |
within the United States, or the prize winner may pick them up at | 4706 |
an office of the commission. | 4707 |
Sec. 3770.071. (A)(1) If the amount of the prize money or | 4708 |
the cost of goods or services awarded as a lottery prize award is | 4709 |
six hundred dollars or moremeets or exceeds the reportable | 4710 |
winnings amounts set by 26 U.S.C. 6041, or a subsequent analogous | 4711 |
section of the Internal Revenue Code, the director of the state | 4712 |
lottery commission or the director's designee shall require the | 4713 |
person entitled to the prize award to affirm in writing, under | 4714 |
oath,
or by electronic means, whether or not the person is in | 4715 |
default under a support order. The director or the director's | 4716 |
designee also may take any additional appropriate steps to | 4717 |
determine if the person entitled to the prize award is in default | 4718 |
under a support order. If the person entitled to the prize award | 4719 |
affirms that the person is in default under a support order, or if | 4720 |
the director or the director's designee determines that the person | 4721 |
is in default under a support order, the director or the | 4722 |
director's designee shall temporarily withhold payment of the | 4723 |
prize award and notify the child support enforcement agency that | 4724 |
administers the support order that the person is entitled to a | 4725 |
prize award, of the amount of the prize award, and, if the prize | 4726 |
award is to be paid in annual installments, of the number of | 4727 |
installments. | 4728 |
(2) Upon receipt of the notice from the director or the | 4729 |
director's designee, the child support enforcement agency shall | 4730 |
conduct an investigation to determine whether the person entitled | 4731 |
to the lottery prize award is subject to a final and enforceable | 4732 |
determination of default made under sections 3123.01 to 3123.07 of | 4733 |
the Revised Code. If the agency determines that the person is so | 4734 |
subject, it shall issue an intercept directive as described in | 4735 |
section 3123.89 of the Revised Code to the director at lottery | 4736 |
commission headquarters requiring the director or the director's | 4737 |
designee to deduct from any unpaid prize award or any annual | 4738 |
installment payment of an unpaid prize award, a specified amount | 4739 |
for support in satisfaction of the support order under which the | 4740 |
person is in default. To the extent possible, the amount specified | 4741 |
to be deducted under the intercept directive shall satisfy the | 4742 |
amount ordered for support in the support order under which the | 4743 |
person is in default. | 4744 |
A child support enforcement agency shall issue an intercept | 4745 |
directive within thirty days from the date the director or the | 4746 |
director's designee notifies the agency under division (A)(1) of | 4747 |
this section. Within thirty days after the date on which the | 4748 |
agency issues the intercept directive, the director or the | 4749 |
director's designee shall pay the amount specified in the | 4750 |
intercept directive to the office of child support in the | 4751 |
department of job and family services. But, if the prize award is | 4752 |
to be paid in annual installments, the director or the director's | 4753 |
designee, on the date the next installment payment is due, shall | 4754 |
deduct the amount specified in the intercept directive from that | 4755 |
installment and, if necessary, any subsequent annual installments, | 4756 |
at the time those installments become due and owing to the prize | 4757 |
winner, and pay the amount to the office of child support. | 4758 |
(B) The state lottery commission shall include, in | 4779 |
conjunction with the state racing commission, in any rules adopted | 4780 |
concerning video lottery terminals, the level of minimum | 4781 |
investments that must be made by video lottery terminal licensees | 4782 |
in the buildings, fixtures, equipment, facilities-related | 4783 |
preparation, and grounds at the facilities, including temporary | 4784 |
facilities, in which the terminals will be located, along with any | 4785 |
standards and timetables for such investments. | 4786 |
(D) No license or excise tax or fee not in effect on the | 4797 |
effective date of this section shall be assessed upon or collected | 4798 |
from a video lottery terminal licensee by any county, township, | 4799 |
municipal corporation, school district, or other political | 4800 |
subdivision of the state that has authority to assess or collect a | 4801 |
tax or fee by reason of the video lottery terminal related conduct | 4802 |
authorized by section 3770.03 of the Revised Code. This division | 4803 |
does not prohibit the imposition of taxes under Chapter 718. or | 4804 |
3769. of the Revised Code. | 4805 |
(D) The supreme court shall have exclusive, original | 4806 |
jurisdiction over any claim(E) Any action asserting that this | 4807 |
section or section 3770.03 of the Revised Code or any portion of | 4808 |
those sections or any rule adopted under those sections violates | 4809 |
any provision of the Ohio Constitution, any claim asserting that | 4810 |
any action taken by the governor or the lottery commission | 4811 |
pursuant to those sections violates any provision of the Ohio | 4812 |
Constitution or any provision of the Revised Code, or any claim | 4813 |
asserting that any portion of this section violates any provision | 4814 |
of the Ohio Constitution. If any claim over which the supreme | 4815 |
court is granted exclusive, original jurisdiction by this division | 4816 |
is filed in any lower court, the claim shall be dismissed by the | 4817 |
court on the ground that the court lacks jurisdiction to review it | 4818 |
shall be brought in the court of common pleas of Franklin county. | 4819 |
(D) Confidential information received by the commission from | 4870 |
another jurisdiction relating to a person who holds, held, or has | 4871 |
applied for a license under this chapter is confidential and not | 4872 |
subject to disclosure as a public record under section 149.43 of | 4873 |
the Revised Code. The commission may share the information | 4874 |
referenced in this division with, or disclose the information to, | 4875 |
the inspector general, any appropriate prosecuting authority, any | 4876 |
law enforcement agency, or any other appropriate governmental or | 4877 |
licensing agency, if the agency that receives the information | 4878 |
complies with the same requirements regarding confidentiality as | 4879 |
those with which the commission must comply. | 4880 |
(E) "Casino gaming" means any type of slot machine or table | 4892 |
game wagering, using money, casino credit, or any representative | 4893 |
of value, authorized in any of the states of Indiana, Michigan, | 4894 |
Pennsylvania, and West Virginia as of January 1, 2009, and | 4895 |
includes slot machine and table game wagering subsequently | 4896 |
authorized by, but shall not be limited by, subsequent | 4897 |
restrictions placed on such wagering in such states. "Casino | 4898 |
gaming" does not include bingo, as authorized in Section 6 of | 4899 |
Article XV, Ohio Constitution and conducted as of January 1, 2009, | 4900 |
or horse racing where the pari-mutuel system of wagering is | 4901 |
conducted, as authorized under the laws of this state as of | 4902 |
January 1, 2009. | 4903 |
(F)(G) "Casino operator" means any person, trust, | 4907 |
corporation, partnership, limited partnership, association, | 4908 |
limited liability company, or other business enterprise that | 4909 |
directly or indirectly holds an ownership or leasehold interest in | 4910 |
a casino facility. "Casino operator" does not include an agency of | 4911 |
the state, any political subdivision of the state, any person, | 4912 |
trust, corporation, partnership, limited partnership, association, | 4913 |
limited liability company, or other business enterprise that may | 4914 |
have an interest in a casino facility, but who is legally or | 4915 |
contractually restricted from conducting casino gaming. | 4916 |
(J)(L) "Gaming-related vendor" means any individual, | 4935 |
partnership, corporation, association, trust, or any other group | 4936 |
of individuals, however organized, who supplies gaming-related | 4937 |
equipment, goods, or services to a casino operator or management | 4938 |
company, that are directly related to or affect casino gaming | 4939 |
authorized under this chapter, including, but not limited to, the | 4940 |
manufacture, sale, distribution, or repair of slot machines and | 4941 |
table game equipment. | 4942 |
(M)(O) "Institutional investor" means any of the following | 4962 |
entities owning onemore than five per cent or less, or a | 4963 |
percentage between one and ten per cent as approved by the | 4964 |
commission through a waiver on a case-by-case basis, but less than | 4965 |
fifteen per cent, of an ownership interest in a casino facility, | 4966 |
casino operator, management company, or holding company: a | 4967 |
corporation, bank, insurance company, pension fund or pension fund | 4968 |
trust, retirement fund, including funds administered by a public | 4969 |
agency, employees' profit-sharing fund or employees' | 4970 |
profit-sharing trust, any association engaged, as a substantial | 4971 |
part of its business or operations, in purchasing or holding | 4972 |
securities, including a hedge fund, mutual fund, or private equity | 4973 |
fund, or any trust in respect of which a bank is trustee or | 4974 |
cotrustee, investment company registered under the "Investment | 4975 |
Company Act of 1940," 15 U.S.C. 80a-1 et seq., collective | 4976 |
investment trust organized by banks under Part Nine of the Rules | 4977 |
of the Comptroller of the Currency, closed-end investment trust, | 4978 |
chartered or licensed life insurance company or property and | 4979 |
casualty insurance company, investment advisor registered under | 4980 |
the "Investment Advisors Act of 1940," 15 U.S.C. 80 b-1 et seq., | 4981 |
and such other persons as the commission may reasonably determine | 4982 |
to qualify as an institutional investor for reasons consistent | 4983 |
with this chapter, and that does not exercise control over the | 4984 |
affairs of a licensee and its ownership interest in a licensee is | 4985 |
for investment purposes only, as set forth in division (E) of | 4986 |
section 3772.10 of the Revised Code. | 4987 |
(3) A managerial employee of a person that has applied for or | 5004 |
holds a casino operator or gaming-related vendor license in Ohio, | 5005 |
or a managerial employee of a holding company that has control of | 5006 |
a person that has applied for or holds a casino operator or | 5007 |
gaming-related vendor license in Ohio, who performs the function | 5008 |
of principal executive officer, principal operating officer, | 5009 |
principal accounting officer, or an equivalent officer or other | 5010 |
person the commission determines to have the power to exercise | 5011 |
significant influence over decisions concerning any part of the | 5012 |
operation of such licensee. | 5013 |
(P)(R) "Majority ownership interest" in a license or in a | 5021 |
casino facility, as the case may be, means ownership of more than | 5022 |
fifty per cent of such license or casino facility, as the case may | 5023 |
be. For purposes of the foregoing, whether a majority ownership | 5024 |
interest is held in a license or in a casino facility, as the case | 5025 |
may be, shall be determined under the rules for constructive | 5026 |
ownership of stock provided in Treas. Reg. 1.409A-3(i)(5)(iii) as | 5027 |
in effect on January 1, 2009. | 5028 |
(S)(U) "Person" includes, but is not limited to, an | 5038 |
individual or a combination of individuals; a sole proprietorship, | 5039 |
a firm, a company, a joint venture, a partnership of any type, a | 5040 |
joint-stock company, a corporation of any type, a corporate | 5041 |
subsidiary of any type, a limited liability company, a business | 5042 |
trust, or any other business entity or organization; an assignee; | 5043 |
a receiver; a trustee in bankruptcy; an unincorporated | 5044 |
association, club, society, or other unincorporated entity or | 5045 |
organization; entities that are disregarded for federal income tax | 5046 |
purposes; and any other nongovernmental, artificial, legal entity | 5047 |
that is capable of engaging in business. | 5048 |
(V)(X) "Slot machine" means any mechanical, electrical, or | 5058 |
other device or machine which, upon insertion of a coin, token, | 5059 |
ticket, or similar object, or upon payment of any consideration, | 5060 |
is available to play or operate, the play or operation of which, | 5061 |
whether by reason of the skill of the operator or application of | 5062 |
the element of chance, or both, makes individual prize | 5063 |
determinations for individual participants in cash, premiums, | 5064 |
merchandise, tokens, or any thing of value, whether the payoff is | 5065 |
made automatically from the machine or in any other manner, but | 5066 |
does not include any device that is a skill-based amusement | 5067 |
machine, as defined in section 2915.01 of the Revised Code. | 5068 |
Sec. 3772.03. (A) To ensure the integrity of casino gaming, | 5081 |
the commission shall have authority to complete the functions of | 5082 |
licensing, regulating, investigating, and penalizing casino | 5083 |
operators, management companies, holding companies, key employees, | 5084 |
casino gaming employees, and gaming-related vendors. The | 5085 |
commission also shall have jurisdiction over all persons | 5086 |
participating in casino gaming authorized by Section 6(C) of | 5087 |
Article XV, Ohio Constitution, and this chapter. | 5088 |
(15) Establishing standards for provisional key employee | 5173 |
licenses for a person who is required to be licensed as a key | 5174 |
employee and is in exigent circumstances and standards for | 5175 |
provisional licenses for casino gaming employees who submit | 5176 |
complete applications and are compliant under an instant | 5177 |
background check. A provisional license shall be valid not longer | 5178 |
than three months. A provisional license may be renewed one time, | 5179 |
at the commission's discretion, for an additional three months. In | 5180 |
establishing standards with regard to instant background checks | 5181 |
the commission shall take notice of criminal records checks as | 5182 |
they are conducted under section 311.41 of the Revised Code using | 5183 |
electronic fingerprint reading devices. | 5184 |
(J) The commission shall submit a written annual report with | 5263 |
the governor, president and minority leader of the senate, speaker | 5264 |
and minority leader of the house of representatives, and joint | 5265 |
committee on gaming and wagering before the first day of September | 5266 |
each year. The annual report shall include a statement describing | 5267 |
the receipts and disbursements of the commission, relevant | 5268 |
financial data regarding casino gaming, including gross revenues | 5269 |
and disbursements made under this chapter, actions taken by the | 5270 |
commission, an update on casino operators', management companies', | 5271 |
and holding companies' compulsive and problem gambling plans and | 5272 |
the voluntary exclusion program and list, and any additional | 5273 |
information that the commission considers useful or that the | 5274 |
governor, president or minority leader of the senate, speaker or | 5275 |
minority leader of the house of representatives, or joint | 5276 |
committee on gaming and wagering requests. | 5277 |
Sec. 3772.04. (A)(1) If, as the result of an investigation, | 5282 |
the commission concludes that a license or finding required by | 5283 |
this chapter should be limited, conditioned, or restricted, or | 5284 |
suspended,or revoked, denied, or not renewed, the commission shall | 5285 |
conductmay, and if so requested by a licensee or applicant, | 5286 |
shall, conduct a hearing in an adjudication under Chapter 119. of | 5287 |
the Revised Code. After notice and opportunity for a hearing, the | 5288 |
commission may limit, condition, restrict, suspend, revoke, deny, | 5289 |
or not renew a license under rules adopted by the commission. The | 5290 |
commission may reopen a licensing adjudication at any time. | 5291 |
(C) In(D)(1) For the purpose of conducting the hearing in an | 5376 |
adjudication under division (A) of this section, or in the | 5377 |
discharge of any duties imposed by this chapter, the commission | 5378 |
may require that testimony be given under oath and administer such | 5379 |
oath, issue subpoenas compelling the attendance of witnesses and | 5380 |
the production of any papers, books, and accounts, directed to the | 5381 |
sheriffs of the counties where such witnesses or papers, books, | 5382 |
and accounts are found and cause the deposition of any witness. In | 5383 |
The subpoenas shall be served and returned in the same manner as | 5384 |
subpoenas in criminal cases are served and returned. The fees of | 5385 |
sheriffs shall be the same as those allowed by the court of common | 5386 |
pleas in criminal cases. | 5387 |
Sec. 3772.091. (A) NoA casino operator license issued under | 5412 |
this chapter is transferable subject to approval by the | 5413 |
commission. New majority ownership interest orAny change or | 5414 |
transfer of control of a casino operator shall require a new | 5415 |
licensecommission approval. The commission may reopen a licensing | 5416 |
investigation at any time. A significantAny change in or transfer | 5417 |
of control of a casino operator, as determined by the commission, | 5418 |
shall require the filing of an application for a newtransferring | 5419 |
the casino operator license and submission of a licensean | 5420 |
application fee with the commission before any such change or | 5421 |
transfer of control ismay be approved. A change in or transfer of | 5422 |
control to an immediate family member is not considered a | 5423 |
significant change under this sectionAdditionally, the commission | 5424 |
may assess an applicant a reasonable fee in the amount necessary | 5425 |
to review the application for the transfer of a casino operator | 5426 |
license to the applicant. In determining whether to approve the | 5427 |
transfer of a casino operator license to the applicant, the | 5428 |
commission shall consider all the factors established in Chapter | 5429 |
3772. of the Revised Code that pertain to the granting of a casino | 5430 |
operator license. The commission may reopen a licensing | 5431 |
investigation at any time. | 5432 |
(B) All applicants for a license under this chapter shall | 5483 |
establish their suitability for a license by clear and convincing | 5484 |
evidence. If the commission determines that a person is eligible | 5485 |
under this chapter to be issued a license as a casino operator, | 5486 |
management company, holding company, key employee, casino gaming | 5487 |
employee, or gaming-related vendor, the commission shall issue | 5488 |
such license for not more than three years, as determined by | 5489 |
commission rule, if all other requirements of this chapter have | 5490 |
been satisfied. | 5491 |
(D)(1) The commission shall investigate the qualifications of | 5514 |
each applicant under this chapter before any license is issued and | 5515 |
before any finding with regard to acts or transactions for which | 5516 |
commission approval is required is made. The commission shall | 5517 |
continue to observe the conduct of all licensees and all other | 5518 |
persons having a material involvement directly or indirectly with | 5519 |
a casino operator, management company, or holding company to | 5520 |
ensure that licenses are not issued to or held by, or that there | 5521 |
is not any material involvement with a casino operator, management | 5522 |
company, or holding company by, an unqualified, disqualified, or | 5523 |
unsuitable person or a person whose operations are conducted in an | 5524 |
unsuitable manner or in unsuitable or prohibited places or | 5525 |
locations. | 5526 |
(5) If the commission finds an institutional investor to be | 5571 |
unsuitable or unqualified, the commission shall so notify the | 5572 |
investor and the casino operator, holding company, management | 5573 |
company, or gaming-related vendor licensee in which the investor | 5574 |
invested. The commission shall allow the investor and the licensee | 5575 |
a reasonable amount of time, as specified by the commission on a | 5576 |
case-by-case basis, to cure the conditions that caused the | 5577 |
commission to find the investor unsuitable or unqualified. If | 5578 |
during the specified period of time the investor or the licensee | 5579 |
does not or cannot cure the conditions that caused the commission | 5580 |
to find the investor unsuitable or unqualified, the commission may | 5581 |
allow the investor or licensee more time to cure the conditions or | 5582 |
the commission may begin proceedings to deny, suspend, or revoke | 5583 |
the license of the casino operator, holding company, management | 5584 |
company, or gaming-related vendor in which the investor invested | 5585 |
or to deny any of the same the renewal of any such license. | 5586 |
(F) Information provided on the application shall be used as | 5591 |
a basis for a thorough background investigation of each applicant. | 5592 |
A false or incomplete application is cause for denial of a license | 5593 |
by the commission. All applicants and licensees shall consent to | 5594 |
inspections, searches, and seizures and to the disclosure to the | 5595 |
commission and its agents of confidential records, including tax | 5596 |
records, held by any federal, state, or local agency, credit | 5597 |
bureau, or financial institution and to provide handwriting | 5598 |
exemplars, photographs, fingerprints, and information as | 5599 |
authorized in this chapter and in rules adopted by the commission. | 5600 |
(D)(E) Each application for a key employee license shall be | 5622 |
on a form prescribed by the commission and shall contain all | 5623 |
information required by the commission. The applicant shall set | 5624 |
forth in the application if the applicant has been issued prior | 5625 |
gambling-related licenses; if the applicant has been licensed in | 5626 |
any other state under any other name, and, if so, the name under | 5627 |
which the license was issued and the applicant's age at the time | 5628 |
the license was issued; any criminal conviction the applicant has | 5629 |
had; and if a permit or license issued to the applicant in any | 5630 |
other state has been suspended, restricted, or revoked, and, if | 5631 |
so, the cause and the duration of each action. The applicant also | 5632 |
shall complete a cover sheet for the application on which the | 5633 |
applicant shall disclose the applicant's name, the business | 5634 |
address of the casino operator, management company, or holding | 5635 |
company employing the applicant, the business address and | 5636 |
telephone number of such employer, and the county, state, and | 5637 |
country in which the applicant's residence is located. | 5638 |
(2) A casino operator, management company, or holding company | 5661 |
shall not pay to a person whose employment is terminated under | 5662 |
division (F)(G)(1) of this section, any remuneration for any | 5663 |
services performed in any capacity in which the person is required | 5664 |
to be licensed, except for amounts due for services rendered | 5665 |
before notice was received under that division. A contract or | 5666 |
other agreement for personal services or for the conduct of any | 5667 |
casino gaming at a casino facility between a casino operator, | 5668 |
management company, or holding company and a person whose | 5669 |
employment is terminated under division (F)(G)(1) of this section | 5670 |
may be terminated by the casino operator, management company, or | 5671 |
holding company without further liability on the part of the | 5672 |
casino operator, management company, or holding company. Any such | 5673 |
contract or other agreement is deemed to include a term | 5674 |
authorizing its termination without further liability on the part | 5675 |
of the casino operator, management company, or holding company | 5676 |
upon receiving notice under division (F)(G)(1) of this section. | 5677 |
That a contract or other agreement does not expressly include such | 5678 |
a term is not a defense in any action brought to terminate the | 5679 |
contract or other agreement, and is not grounds for relief in any | 5680 |
action brought questioning termination of the contract or other | 5681 |
agreement. | 5682 |
(3) A casino operator, management company, or holding | 5683 |
company, without having obtained the prior approval of the | 5684 |
commission, shall not enter into any contract or other agreement | 5685 |
with a person who has been found unsuitable, who has been denied a | 5686 |
license, or whose license has been revoked under division | 5687 |
(F)(G)(1) of this section, or with any business enterprise under | 5688 |
the control of such a person, after the date on which the casino | 5689 |
operator, management company, or holding company receives notice | 5690 |
under that division. | 5691 |
(D) The individual's name, the individual's place of | 5751 |
employment, the individual's job title, and the individual's | 5752 |
gaming experience that is provided for an individual who holds, | 5753 |
held, or has applied for a license under this chapter is not | 5754 |
confidential. The reason for denial or revocation of a license or | 5755 |
for disciplinary action against the individual and information | 5756 |
submitted by the individual for a felony waiver request is not | 5757 |
confidential. The cover sheet completed by an applicant for a key | 5758 |
employee license under section 3772.13 of the Revised Code is not | 5759 |
confidential. | 5760 |
(E) Confidential information received by the commission from | 5764 |
another jurisdiction relating to a person who holds, held, or has | 5765 |
applied for a license under this chapter is confidential and not | 5766 |
subject to disclosure as a public record under section 149.43 of | 5767 |
the Revised Code. The commission may share the information | 5768 |
referenced in this division with, or disclose the information to, | 5769 |
the inspector general, any appropriate prosecuting authority, any | 5770 |
law enforcement agency, or any other appropriate governmental or | 5771 |
licensing agency, if the agency that receives the information | 5772 |
complies with the same requirements regarding confidentiality as | 5773 |
those with which the commission must comply. | 5774 |
Sec. 3772.17. (A) The upfront license fee to obtain a license | 5775 |
as a casino operator shall be fifty million dollars per casino | 5776 |
facility, whichand shall be paid upon each initial casino | 5777 |
operator's filing of its casino operator license application with | 5778 |
the commission. The upfront license fee, once paid to the | 5779 |
commission, shall be deposited into the economic development | 5780 |
programs fund, which is created in the state treasury. New casino | 5781 |
operator, management company, and holding company license and | 5782 |
renewal license fees shall be set by rule, subject to the review | 5783 |
of the joint committee on gaming and wagering. The upfront license | 5784 |
fee charged by this division shall not be assessed on the transfer | 5785 |
of a casino operator license to a new casino operator if approved | 5786 |
by the commission as set forth in section 3772.091 of the Revised | 5787 |
Code. | 5788 |
(C) Notwithstanding divisions (A) and (B) of this section, a | 5834 |
licensed casino operator may enter into one or more debt | 5835 |
transactions with affiliated companies provided the aggregate | 5836 |
amount of all such debt transactions at any one time does not | 5837 |
exceed ten million dollars. When a licensed casino operator | 5838 |
intends to enter into such a debt transaction with an affiliated | 5839 |
company, the licensed casino operator shall provide immediate | 5840 |
notification, in writing, to the commission. The commission is | 5841 |
entitled to require prior approval of the debt transaction if the | 5842 |
commission provides notice to the licensed casino operator within | 5843 |
seven days after receiving the notification. In determining | 5844 |
whether to approve such a debt transaction, the commission may | 5845 |
require the licensed casino operator to submit the information | 5846 |
specified in division (A) of this section. The commission may | 5847 |
adopt rules governing its review and approval of such debt | 5848 |
transactions. For the purposes of this division, "affiliated | 5849 |
companies" means any holding company or institutional investor or | 5850 |
any individual, partnership, corporation, association, trust, or | 5851 |
any other group of individuals, however organized, which directly | 5852 |
or indirectly owns, has the power or right to control, or holds | 5853 |
with the power to vote, an ownership interest in a licensed casino | 5854 |
operator. | 5855 |
(1) Offers, promises, or gives anything of value or benefit | 5896 |
to a person who is connected with the casino operator, management | 5897 |
company, holding company, or gaming-related vendor, including | 5898 |
their officers and employees, under an agreement to influence or | 5899 |
with the intent to influence the actions of the person to whom the | 5900 |
offer, promise, or gift was made in order to affect or attempt to | 5901 |
affect the outcome of a casino game or an official action of a | 5902 |
commission member; | 5903 |
(12)(10) Possesses a key or device designed for opening, | 5941 |
entering, or affecting the operation of a casino game, drop box, | 5942 |
or an electronic or a mechanical device connected with the casino | 5943 |
game or removing coins, tokens, chips, or other contents of a | 5944 |
casino game. This division does not apply to a casino operator, | 5945 |
management company, or gaming-related vendor or their agents and | 5946 |
employees in the course of agency or employment. | 5947 |
(1) Offers, promises, or gives anything of value or benefit | 5964 |
to a person who is connected with the casino operator, management | 5965 |
company, holding company, or gaming-related vendor, including | 5966 |
their officers and employees, under an agreement to influence or | 5967 |
with the intent to influence the actions of the person to whom the | 5968 |
offer, promise, or gift was made in order to affect or attempt to | 5969 |
affect the outcome of a casino game or an official action of a | 5970 |
commission member, agent, or employee; | 5971 |
(2) Solicits, accepts, or receives a promise of anything of | 5972 |
value or benefit while the person is connected with a casino, | 5973 |
including an officer or employee of a casino operator, management | 5974 |
company, or gaming-related vendor, under an agreement to influence | 5975 |
or with the intent to influence the actions of the person to | 5976 |
affect or attempt to affect the outcome of a casino game or an | 5977 |
official action of a commission member, agent, or employee; | 5978 |
Sec. 4301.03. The liquor control commission may adopt and | 5982 |
promulgate, repeal, rescind, and amend, in the manner required by | 5983 |
this section, rules, standards, requirements, and orders necessary | 5984 |
to carry out this chapter and Chapter 4303. of the Revised Code, | 5985 |
but all rules of the board of liquor control that were in effect | 5986 |
immediately prior to April 17, 1963, shall remain in full force | 5987 |
and effect as rules of the liquor control commission until and | 5988 |
unless amended or repealed by the liquor control commission. The | 5989 |
rules of the commission may include the following: | 5990 |
(B) Rules and orders providing in detail for the conduct of | 5996 |
any retail business authorized under permits issued pursuant to | 5997 |
this chapter and Chapter 4303. of the Revised Code, with a view to | 5998 |
ensuring compliance with those chapters and laws relative to them, | 5999 |
and the maintenance of public decency, sobriety, and good order in | 6000 |
any place licensed under the permits. No rule or order shall | 6001 |
prohibit the operation of video lottery terminal games at a | 6002 |
commercial race track where live horse racing and simulcasting are | 6003 |
conducted in accordance with Chapter 3769. of the Revised Code or | 6004 |
the sale of lottery tickets issued pursuant to Chapter 3770. of | 6005 |
the Revised Code by any retail business authorized under permits | 6006 |
issued pursuant to that chapter. | 6007 |
No rule or order shall prohibit pari-mutuel wagering on | 6008 |
simulcast horse races at a satellite facility that has been issued | 6009 |
a D liquor permit under Chapter 4303. of the Revised Code. No rule | 6010 |
or order shall prohibit a charitable organization that holds a D-4 | 6011 |
permit from selling or serving beer or intoxicating liquor under | 6012 |
its permit in a portion of its premises merely because that | 6013 |
portion of its premises is used at other times for the conduct of | 6014 |
a bingo game, as described in division (S)(O) of section 2915.01 | 6015 |
of the Revised Code. However, such an organization shall not sell | 6016 |
or serve beer or intoxicating liquor or permit beer or | 6017 |
intoxicating liquor to be consumed or seen in the same location in | 6018 |
its premises where a bingo game, as described in division | 6019 |
(S)(O)(1) of section 2915.01 of the Revised Code, is being | 6020 |
conducted while the game is being conducted. As used in this | 6021 |
division, "charitable organization" has the same meaning as in | 6022 |
division (H) of section 2915.01 of the Revised Code. No rule or | 6023 |
order pertaining to visibility into the premises of a permit | 6024 |
holder after the legal hours of sale shall be adopted or | 6025 |
maintained by the commission. | 6026 |
(D) Rules determining the nature, form, and capacity of all | 6031 |
packages and bottles to be used for containing beer or | 6032 |
intoxicating liquor, except for spirituous liquor to be kept or | 6033 |
sold, governing the form of all seals and labels to be used on | 6034 |
those packages and bottles, and requiring the label on every | 6035 |
package, bottle, and container to state the ingredients in the | 6036 |
contents and, except on beer, the terms of weight, volume, or | 6037 |
proof spirits, and whether the same is beer, wine, alcohol, or any | 6038 |
intoxicating liquor except for spirituous liquor; | 6039 |
(I) Rules requiring permit holders buying beer to pay and | 6056 |
permit holders selling beer to collect minimum cash deposits for | 6057 |
kegs, cases, bottles, or other returnable containers of the beer; | 6058 |
requiring the repayment, or credit, of the minimum cash deposit | 6059 |
charges upon the return of the empty containers; and requiring the | 6060 |
posting of such form of indemnity or such other conditions with | 6061 |
respect to the charging, collection, and repayment of minimum cash | 6062 |
deposit charges for returnable containers of beer as are necessary | 6063 |
to ensure the return of the empty containers or the repayment upon | 6064 |
that return of the minimum cash deposits paid; | 6065 |
Every rule, standard, requirement, or order of the commission | 6070 |
and every repeal, amendment, or rescission of them shall be posted | 6071 |
for public inspection in the principal office of the commission | 6072 |
and the principal office of the division of liquor control, and a | 6073 |
certified copy of them shall be filed in the office of the | 6074 |
secretary of state. An order applying only to persons named in it | 6075 |
shall be served on the persons affected by personal delivery of a | 6076 |
certified copy, or by mailing a certified copy to each person | 6077 |
affected by it or, in the case of a corporation, to any officer or | 6078 |
agent of the corporation upon whom a service of summons may be | 6079 |
served in a civil action. The posting and filing required by this | 6080 |
section constitutes sufficient notice to all persons affected by | 6081 |
such rule or order which is not required to be served. General | 6082 |
rules of the commission promulgated pursuant to this section shall | 6083 |
be published in the manner the commission determines. | 6084 |
(B) No rule or order of the division or commission shall | 6112 |
prohibit a charitable organization that holds a D-4 permit from | 6113 |
selling or serving beer or intoxicating liquor under its permit in | 6114 |
a portion of its premises merely because that portion of its | 6115 |
premises is used at other times for the conduct of a bingo game as | 6116 |
described in division (S)(O)(1) of section 2915.01 of the Revised | 6117 |
Code. However, such an organization shall not sell or serve beer | 6118 |
or intoxicating liquor or permit beer or intoxicating liquor to be | 6119 |
consumed or seen in the same location in its premises where a | 6120 |
bingo game as described in division (S)(O)(1) of section 2915.01 | 6121 |
of the Revised Code is being conducted while the game is being | 6122 |
conducted. As used in this division, "charitable organization" has | 6123 |
the same meaning as in division (H) of section 2915.01 of the | 6124 |
Revised Code. | 6125 |
(2) Bad debts from receipts on the basis of which the tax | 6151 |
imposed by this chapter was paid in a prior tax period to the | 6152 |
extent not previously excluded. For the purpose of this division, | 6153 |
"bad debts" means any debts that have become worthless or | 6154 |
uncollectible in a prior tax period, have been uncollected for at | 6155 |
least six months, and that may be claimed as a deduction under | 6156 |
section 166 of the Internal Revenue Code and the regulations | 6157 |
adopted under that section, or that could be claimed as such if | 6158 |
the taxpayer kept its accounts on the accrual basis. "Bad debts" | 6159 |
does not include repossessed property, uncollectible amounts on | 6160 |
property that remains in the possession of the casino operator | 6161 |
until the full purchase price is paid, or expenses in attempting | 6162 |
to collect any account receivable or for any portion of the debt | 6163 |
recovered. | 6164 |
Section 2. That existing sections 111.15, 122.014, 173.121, | 6262 |
2505.09, 2505.12, 2915.01, 2915.02, 2915.06, 2915.08, 2915.09, | 6263 |
2915.091, 2915.092, 2915.093, 2915.094, 2915.10, 2915.101, | 6264 |
2915.12, 2923.31, 2933.51, 3301.0714, 3769.08, 3769.087, 3769.089, | 6265 |
3770.02, 3770.03, 3770.05, 3770.07, 3770.071, 3770.21, 3772.01, | 6266 |
3772.03, 3772.04, 3772.091, 3772.10, 3772.13, 3772.16, 3772.17, | 6267 |
3772.28, 3772.99, 4301.03, 4303.17, 5753.01, and 5753.03, and | 6268 |
section 3772.14 of the Revised Code are hereby repealed. | 6269 |
(B) Of the foregoing appropriation item 195526, Ohio | 6283 |
Workforce Job Training, up to $20,000,000 in fiscal year 2012 and | 6284 |
up to $30,000,000 in fiscal year 2013 shall be used to support the | 6285 |
Ohio Incumbent Workforce Training Voucher Program. Any unexpended | 6286 |
and unencumbered portion of the appropriation item remaining at | 6287 |
the end of fiscal year 2012 is hereby appropriated for the same | 6288 |
purpose in fiscal year 2013. The Director of Development and the | 6289 |
Chief Investment Officer of JobsOhio may enter into an agreement | 6290 |
to operate the program pursuant to the contract between the | 6291 |
Department of Development and JobsOhio under section 187.04 of the | 6292 |
Revised Code. The agreement may include a provision for granting, | 6293 |
loaning, or transferring funds from appropriation item 195526, | 6294 |
Ohio Incumbent Workforce Job Training, to JobsOhio to provide | 6295 |
training for incumbent workers. | 6296 |
The foregoing appropriation item 195622, Defense Development | 6320 |
Assistance, shall be used for economic development programs and | 6321 |
the creation of new jobs to leverage and support mission gains at | 6322 |
Department of Defense facilities in Ohio by working with future | 6323 |
base realignment and closure activities and ongoing Department of | 6324 |
Defense efficiency initiatives, assisting efforts to secure | 6325 |
Department of Defense support contracts for Ohio companies, | 6326 |
assessing and supporting regional job training and workforce | 6327 |
development needs generated by the Department of Defense and the | 6328 |
Ohio aerospace industry, and for expanding job training and | 6329 |
economic development programs in human performance related | 6330 |
initiatives. These funds shall be matched by private industry | 6331 |
partners or the Department of Defense in an aggregate amount of | 6332 |
$6,000,000 over the FY 2012-FY 2013 biennium. | 6333 |
(B) The State Racing Commission, subject to division (D) of | 6355 |
this section, shall give preference to transfer proposals | 6356 |
involving moves to locations in which neither horse-racing | 6357 |
meetings nor casino gaming have been authorized before July 1, | 6358 |
2011. A permit holder that is authorized to transfer its track | 6359 |
under this section and that is a video lottery sales agent may | 6360 |
operate at a temporary facility at its new location while | 6361 |
constructing or otherwise preparing its new track at that | 6362 |
location. A permit holder that is not transferring its track and | 6363 |
is remaining at its permitted location and that is a video lottery | 6364 |
sales agent may operate a temporary facility at its permitted | 6365 |
location while constructing or otherwise preparing its permanent | 6366 |
video lottery terminal facility at its track. A temporary | 6367 |
facility, either at a new track location or an existing track | 6368 |
location of a track that does not transfer its track, shall meet | 6369 |
any minimal capital investment and structure requirements | 6370 |
established by rule by the State Racing Commission in conjunction | 6371 |
with the State Lottery Commission. | 6372 |
Section 8. (A) The Governor is authorized to execute a deed | 6413 |
in the name of the state conveying to Lebanon Trotting Club, Inc., | 6414 |
and Miami Valley Trotting, Inc., the holders of pari-mutuel racing | 6415 |
permits issued by the State Racing Commission, or to their | 6416 |
respective successors and assigns (hereinafter collectively | 6417 |
referred to as the "grantee"), all of the state's right, title, | 6418 |
and interest in the following described real estate: | 6419 |
Situated in Turtlecreek Township, City of Lebanon, County of | 6420 |
Warren, State of Ohio and being part of Warren County Parcel Nos. | 6421 |
11064000140 and 12363000030, which land is situated at the | 6422 |
northeast corner of the intersection of State Route 63 and Union | 6423 |
Road, and is bounded to the west by Union Road, to the south by | 6424 |
Route 63, and to the east by a private roadway used by the | 6425 |
Department of Rehabilitation and Correction for ingress and egress | 6426 |
from Route 63 to the Lebanon Correctional Institution's dairy | 6427 |
barn. The northerly boundary shall be established by a survey | 6428 |
designed to ensure that the land to be conveyed does not exceed | 6429 |
one hundred twenty acres. | 6430 |
(H) The Auditor of State, with the assistance of the Attorney | 6471 |
General, shall prepare a deed to the real estate. The deed shall | 6472 |
state the consideration and the conditions. The deed shall be | 6473 |
executed by the Governor in the name of the state, countersigned | 6474 |
by the Secretary of State, sealed with the Great Seal of the | 6475 |
State, presented in the Office of the Auditor of State for | 6476 |
recording, and delivered to the grantee. The grantee shall present | 6477 |
the deed for recording in the Office of the Warren County | 6478 |
Recorder. | 6479 |
(C) There is hereby created in the state treasury the | 6496 |
Racetrack Facility Community Economic Redevelopment Fund into | 6497 |
which shall be deposited moneys as specified by this section and | 6498 |
rules promulgated by the State Racing Commission. The fund shall | 6499 |
be used for repurposing or demolishing of an abandoned | 6500 |
horse-racing facility or reinvestment in the area, neighborhood, | 6501 |
and community near an abandoned facility. Any remaining funds | 6502 |
shall be transferred to the General Revenue Fund. Upon the | 6503 |
allocation of all the money in the fund in accordance with this | 6504 |
section, the fund shall cease to exist. | 6505 |
(D) The Director of Development or any successor department | 6506 |
or agency shall oversee and administer the Racetrack Facility | 6507 |
Community Economic Redevelopment Fund for the purpose of the | 6508 |
repurposing or demolishing of an abandoned horse-racing facility | 6509 |
or reinvestment in the area, neighborhood, and community near an | 6510 |
abandoned facility through loans and grants. The Director shall | 6511 |
provide guidelines for racetrack facility community economic | 6512 |
development projects in the state. Projects may include, but are | 6513 |
not limited to, site planning, site certification, structure | 6514 |
demolition, physical site redevelopment, relocation of utilities, | 6515 |
or construction. Projects shall not incorporate acquisition and | 6516 |
related expense. Moneys in the fund may be used to pay reasonable | 6517 |
costs incurred by the Director in administering this section. | 6518 |
The foregoing appropriation item 195XXX, Racetrack Facility | 6540 |
Community Economic Redevelopment Fund, shall be used for the | 6541 |
purpose of the repurposing or demolishing of an abandoned | 6542 |
horse-racing facility or reinvestment in the area, neighborhood, | 6543 |
and community near an abandoned facility. Any unexpended and | 6544 |
unencumbered portion of this appropriation item at the end of | 6545 |
fiscal year 2012 is hereby reappropriated for the same purpose in | 6546 |
fiscal year 2013. Revenue in the fund may be used to pay | 6547 |
reasonable costs incurred by the Director of Development in | 6548 |
administering the program. | 6549 |
Section 11. Notwithstanding any provision in law to the | 6550 |
contrary, the Director of Alcohol and Drug Addiction Services | 6551 |
shall complete a study to identify the current status of gaming | 6552 |
addiction problems within the state. In fiscal year 2013, the | 6553 |
Director may certify to the Director of Budget and Management the | 6554 |
cost, not exceeding two hundred fifty thousand dollars, incurred | 6555 |
by the Department of Alcohol and Drug Addiction Services in | 6556 |
conducting the gaming addiction study. In response to receiving | 6557 |
this certification, the Director of Budget and Management may | 6558 |
transfer the cost of the study in cash to the Problem Casino and | 6559 |
Gambling Addictions Fund (Fund 5JL0) to reimburse the fund for | 6560 |
costs incurred in conducting the study. | 6561 |