As Re-Reported by the House Rules and Reference Committee

129th General Assembly Regular Session 2011-2012

Sub. H. B. No. 386

Representative Blessing 

Cosponsors: Representatives Gerberry, Combs, Letson 

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A BILL

To amend sections 122.014, 173.121, 2505.09, 2505.12,

1

2915.01, 2915.02, 2915.06, 2915.08, 2915.09,

2

2915.091, 2915.092, 2915.093, 2915.094, 2915.10,

3

2915.101, 2915.12, 2923.31, 2933.51, 3301.0714,

4

3769.08, 3769.087, 3769.089, 3769.201, 3769.21,

5

3770.02, 3770.05, 3770.07, 3770.071, 3770.21,

6

3772.01, 3772.03, 3772.04, 3772.091, 3772.10,

7

3772.13, 3772.16, 3772.17, 3772.28, 3772.99,

8

4301.03, 4303.17, 5753.01, and 5753.03, to enact

9

sections 121.421, 2505.122, 2915.18, and 3770.22,

10

and to repeal section 3772.14 of the Revised Code

11

and to amend Section 261.20.90 of Am. Sub. H.B.

12

153 of the 129th General Assembly, to amend

13

Section 3 of Sub. H.B. 277 of the 129th General

14

Assembly, and to repeal Section 4 of Sub. H.B. 277

15

of the 129th General Assembly to make changes to

16

the law regarding video lottery terminals, casino

17

gaming, bingo and instant bingo, and horse racing,

18

to require thoroughbred and standardbred racing

19

permit holders to pay a local tax, to create

20

charity card rooms, to make appropriations, and to

21

declare an emergency.

22

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

Section 1.  That sections 122.014, 173.121, 2505.09, 2505.12,	23
2915.01, 2915.02, 2915.06, 2915.08, 2915.09, 2915.091, 2915.092,	24
2915.093, 2915.094, 2915.10, 2915.101, 2915.12, 2923.31, 2933.51,	25
3301.0714, 3769.08, 3769.087, 3769.089, 3769.201, 3769.21,	26
3770.02, 3770.05, 3770.07, 3770.071, 3770.21, 3772.01, 3772.03,	27
3772.04, 3772.091, 3772.10, 3772.13, 3772.16, 3772.17, 3772.28,	28
3772.99, 4301.03, 4303.17, 5753.01, and 5753.03 be amended and	29
sections 121.421, 2505.122, 2915.18, and 3770.22 of the Revised	30
Code be enacted to read as follows:	31

Sec. 121.421.  (A) Notwithstanding division (D)(3) of section	32
121.41 of the Revised Code, the inspector general shall do the	33
following to determine whether wrongful acts or omissions have	34
been committed or are being committed by present or former	35
employees:	36

(1) Investigate employees of the office of the attorney	37
general who are contractually vested with duties to enforce	38
Chapter 3772. of the Revised Code;	39

(2) Provide support in furtherance of enforcing Chapter 3772.	40
of the Revised Code.	41

(B) The inspector general and each deputy inspector may	42
administer oaths, examine witnesses under oath, and issue	43
subpoenas and subpoenas duces tecum to compel the attendance of	44
witnesses and the production of all kinds of books, records,	45
papers, and tangible things. Upon the refusal of a witness to be	46
sworn or to answer any question put to the witness, or if a person	47
disobeys a subpoena, the inspector general shall apply to the	48
court of common pleas for a contempt order, as in the case of	49
disobedience to the requirements of a subpoena issued from the	50
court of common pleas, or a refusal to testify in the court.	51

(C) The inspector general may enter into any contracts that	52
are necessary to complete an investigation. The contracts may	53
include contracts for the services of persons who are experts in a	54
particular field and whose expertise is necessary for successful	55
completion of the investigation.	56

(D) If the authority of the attorney general terminates or	57
expires, the authority vested in the inspector general by this	58
section terminates upon the conclusion of ongoing investigations	59
or upon issuance of the final report of the investigations.	60

Sec. 122.014.  (A) As used in this section, "gaming	61
activities" means activities conducted in connection with or that	62
include any of the following:	63

(1) Casino gaming, as authorized and defined in Section 6(C)	64
of Article XV, Ohio Constitution;	65

(2) Casino gaming, as defined in division (D)(E) of section	66
3772.01 of the Revised Code; or	67

(3) The pari-mutuel system of wagering as authorized and	68
described in Chapter 3769. of the Revised Code.	69

(B) The department of development or any other entity that	70
administers any program or development project established under	71
Chapter 122., 166., or 184. of the Revised Code or in sections	72
149.311, 5709.87, or 5709.88 of the Revised Code shall not provide	73
any financial assistance, including loans, tax credits, and	74
grants, staffing assistance, technical support, or other	75
assistance to businesses conducting gaming activities or for	76
project sites on which gaming activities are or will be conducted.	77

Sec. 173.121.  (A) As used in this section, "bingo," "bingo	78
game operator," and "participant" have the same meanings as in	79
section 2915.01 of the Revised Code.	80

(B) Notwithstanding sections 2915.07 to 2915.13 of the	81
Revised Code, a multipurpose senior center may conduct bingo games	82
described in division (S)(O)(1) of section 2915.01 of the Revised	83
Code, but only if it complies with all of the following	84
requirements:	85

(1) All bingo games are conducted only on the premises of the	86
facility.	87

(2) All participants are sixty years of age or older.

88

(3) All bingo game operators are sixty years of age or older	89
and receive no compensation for serving as operators.	90

(4) No participant is charged an admission fee, and no	91
participant is charged more than twenty-five cents to purchase a	92
bingo card or sheet.	93

(5) All proceeds from games are used only for any of the	94
following:	95

(a) To pay winners monetary or nonmonetary prizes;

96

(b) To provide refreshments;

97

(c) To defray any costs directly related to conducting the	98
games;	99

(d) To defray costs of services the facility provides in	100
accordance with section 173.12 of the Revised Code.	101

Sec. 2505.09.  Except as provided in section 2505.11 or	102
2505.12 or another section of the Revised Code or in applicable	103
rules governing courts, the perfection of an appeal, including an	104
administrative-related appeal, does not operate as a stay of	105
execution until a stay of execution has been obtained pursuant to	106
the Rules of Appellate Procedure or in another applicable manner,	107
and a supersedeas bond is executed by the appellant to the	108
appellee, with sufficient sureties and, subject to section	109
2505.122 of the Revised Code, in a sum that is not less than, if	110
applicable, the cumulative total for all claims covered by the	111
final order, judgment, or decree and interest involved, except	112
that the bond shall not exceed fifty million dollars excluding	113
interest and costs, as directed by the court that rendered the	114
final order, judgment, or decree that is sought to be superseded	115
or by the court to which the appeal is taken. That bond shall be	116
conditioned as provided in section 2505.14 of the Revised Code.	117

Sec. 2505.12.  An appellant is not required to give a	118
supersedeas bond in connection with any of the following:	119

(A) AnPerfection of an appeal by any of the following:

120

(1) An executor, administrator, guardian, receiver, trustee,	121
or trustee in bankruptcy who is acting in that person's trust	122
capacity and who has given bond in this state, with surety	123
according to law;	124

(2) The state or any political subdivision of the state;

125

(3) Any public officer of the state or of any of its	126
political subdivisions who is suing or is sued solely in the	127
public officer's representative capacity as that officer.	128

(B) AnPerfection of an administrative-related appeal of a	129
final order that is not for the payment of money.	130

Sec. 2505.122.  Any appellant who obtains a stay of execution	131
pending the appeal of a final order, adjudication, or decision	132
pursuant to section 2506.01 of the Revised Code shall	133
simultaneously execute a supersedeas bond to the appellee with	134
sufficient sureties and in an amount established in section	135
2505.09 of the Revised Code. In establishing the amount of the	136
bond, the court shall give great weight and due consideration to	137
the reasonable value of the matter at issue in the final order,	138
adjudication, or decision, the circumstances giving rise to the	139
appeal, and the economic impact of other consequences of delay to	140
the appellee and to those prevented from taking action that was	141
permitted by the final order, adjudication, or decision.	142

Sec. 2915.01.  As used in this chapter:

143

(A) "Bookmaking" means the business of receiving or paying	144
off bets.	145

(B) "Bet" means the hazarding of anything of value upon the	146
result of an event, undertaking, or contingency, but does not	147
include a bona fide business risk.	148

(C) "Scheme of chance" means a slot machine, lottery, numbers	149
game, pool conducted for profit, or other scheme in which a	150
participant gives a valuable consideration for a chance to win a	151
prize, but does not include bingo, a skill-based amusement	152
machine, or a pool not conducted for profit.	153

(D) "Game of chance" means poker, craps, roulette, or other	154
game in which a player gives anything of value in the hope of	155
gain, the outcome of which is determined largely by chance, but	156
does not include bingo.	157

(E) "Game of chance conducted for profit" means any game of	158
chance designed to produce income for the person who conducts or	159
operates the game of chance, but does not include bingo.	160

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

161

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

162

(2) A ticket, token, or other device representing a chance,	163
share, or interest in a scheme of chance or evidencing a bet;	164

(3) A deck of cards, dice, gaming table, roulette wheel, slot	165
machine, or other apparatus designed for use in connection with a	166
game of chance;	167

(4) Any equipment, device, apparatus, or paraphernalia	168
specially designed for gambling purposes;	169

(5) Bingo supplies sold or otherwise provided, or used, in	170
violation of this chapter.	171

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

172

(1) A violation of section 2915.02, 2915.03, 2915.04,	173
2915.05, 2915.06, 2915.07, 2915.08, 2915.081, 2915.082, 2915.09,	174
2915.091, 2915.092, 2915.10, or 2915.11 of the Revised Code;	175

(2) A violation of an existing or former municipal ordinance	176
or law of this or any other state or the United States	177
substantially equivalent to any section listed in division (G)(1)	178
of this section or a violation of section 2915.06 of the Revised	179
Code as it existed prior to July 1, 1996;	180

(3) An offense under an existing or former municipal	181
ordinance or law of this or any other state or the United States,	182
of which gambling is an element;	183

(4) A conspiracy or attempt to commit, or complicity in	184
committing, any offense under division (G)(1), (2), or (3) of this	185
section.	186

(H) Except as otherwise provided in this chapter, "charitable	187
organization" means any tax exempt religious, educational,	188
veteran's, fraternal, sporting, service, nonprofit medical,	189
volunteer rescue service, volunteer firefighter's, senior	190
citizen's, historic railroad educational, youth athletic, amateur	191
athletic, or youth athletic park organization. An organization is	192
tax exempt if the organization iseither of the following:	193

(1) An organization that is, and has received from the	194
internal revenue service a determination letter that currently is	195
in effect stating that the organization is, exempt from federal	196
income taxation under subsection 501(a) and described in	197
subsection 501(c)(3), 501(c)(4), 501(c)(8), 501(c)(10), or	198
501(c)(19) of the Internal Revenue Code, or if the organization is	199
a;	200

(2) A volunteer rescue service organization, volunteer	201
firefighter's organization, veteran's organization, fraternal	202
organization, or sporting organization that is exempt from federal	203
income taxation under subsection 501(a) and is described in	204
subsection 501(c)(4), (c)(7), (c)(8), (c)(10), or (c)(19) of the	205
Internal Revenue Code. To	206

To qualify as a "charitable organization," an organization,	207
except a volunteer rescue service or volunteer firefighter's	208
organization, shall have been in continuous existence as such in	209
this state for a period of two years immediately preceding either	210
the making of an application for a bingo license under section	211
2915.08 of the Revised Code or the conducting of any game of	212
chance as provided in division (D) of section 2915.02 of the	213
Revised Code. A charitable organization that is exempt from	214
federal income taxation under subsection 501(a) and described in	215
subsection 501(c)(3) of the Internal Revenue Code and that is	216
created by a veteran's organization, a fraternal organization, or	217
a sporting organization does not have to have been in continuous	218
existence as such in this state for a period of two years	219
immediately preceding either the making of an application for a	220
bingo license under section 2915.08 of the Revised Code or the	221
conducting of any game of chance as provided in division (D) of	222
section 2915.02 of the Revised Code.	223

(I) "Religious organization" means any church, body of	224
communicants, or group that is not organized or operated for	225
profit and that gathers in common membership for regular worship	226
and religious observances.	227

(J) "Educational organization" means any organization within	228
this state that is not organized for profit, the primary purpose	229
of which is to educate and develop the capabilities of individuals	230
through instruction by means of operating or contributing to the	231
support of a school, academy, college, or university.	232

(K) "Veteran's organization" means any individual post or	233
state headquarters of a national veteran's association or an	234
auxiliary unit of any individual post of a national veteran's	235
association, which post, state headquarters, or auxiliary unit is	236
incorporated as a nonprofit corporation and either has received a	237
letter from the state headquarters of the national veteran's	238
association indicating that the individual post or auxiliary unit	239
is in good standing with the national veteran's association or has	240
received a letter from the national veteran's association	241
indicating that the state headquarters is in good standing with	242
the national veteran's association. As used in this division,	243
"national veteran's association" means any veteran's association	244
that has been in continuous existence as such for a period of at	245
least five years and either is incorporated by an act of the	246
United States congress or has a national dues-paying membership of	247
at least five thousand persons.	248

(L)(K) "Volunteer firefighter's organization" means any	249
organization of volunteer firefighters, as defined in section	250
146.01 of the Revised Code, that is organized and operated	251
exclusively to provide financial support for a volunteer fire	252
department or a volunteer fire company and that is recognized or	253
ratified by a county, municipal corporation, or township.	254

(M)(L) "Fraternal organization" means any society, order,	255
state headquarters, or association within this state, except a	256
college or high school fraternity, that is not organized for	257
profit, that is a branch, lodge, or chapter of a national or state	258
organization, that exists exclusively for the common business or	259
sodality of its members.	260

(N)(M) "Volunteer rescue service organization" means any	261
organization of volunteers organized to function as an emergency	262
medical service organization, as defined in section 4765.01 of the	263
Revised Code.	264

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

265

(1) Any organization, not organized for profit, that is	266
organized and operated exclusively to provide, or to contribute to	267
the support of organizations or institutions organized and	268
operated exclusively to provide, medical and therapeutic services	269
for persons who are crippled, born with birth defects, or have any	270
other mental or physical defect or those organized and operated	271
exclusively to protect, or to contribute to the support of	272
organizations or institutions organized and operated exclusively	273
to protect, animals from inhumane treatment or provide immediate	274
shelter to victims of domestic violence;	275

(2) Any organization that is described in subsection	276
509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code	277
and is either a governmental unit or an organization that is tax	278
exempt under subsection 501(a) and described in subsection	279
501(c)(3) of the Internal Revenue Code and that is an	280
organization, not organized for profit, that is organized and	281
operated primarily to provide, or to contribute to the support of	282
organizations or institutions organized and operated primarily to	283
provide, medical and therapeutic services for persons who are	284
crippled, born with birth defects, or have any other mental or	285
physical defect.	286

(P) "Nonprofit medical organization" means either of the	287
following:	288

(1) Any organization that has been incorporated as a	289
nonprofit corporation for at least five years and that has	290
continuously operated and will be operated exclusively to provide,	291
or to contribute to the support of organizations or institutions	292
organized and operated exclusively to provide, hospital, medical,	293
research, or therapeutic services for the public;	294

(2) Any organization that is described and qualified under	295
subsection 501(c)(3) of the Internal Revenue Code, that has been	296
incorporated as a nonprofit corporation for at least five years,	297
and that has continuously operated and will be operated primarily	298
to provide, or to contribute to the support of organizations or	299
institutions organized and operated primarily to provide,	300
hospital, medical, research, or therapeutic services for the	301
public.	302

(Q) "Senior citizen's organization" means any private	303
organization, not organized for profit, that is organized and	304
operated exclusively to provide recreational or social services	305
for persons who are fifty-five years of age or older and that is	306
described and qualified under subsection 501(c)(3) of the Internal	307
Revenue Code.	308

(R)(N) "Charitable bingo game" means any bingo game described	309
in division (S)(O)(1) or (2) of this section that is conducted by	310
a charitable organization that has obtained a license pursuant to	311
section 2915.08 of the Revised Code and the proceeds of which are	312
used for a charitable purpose.	313

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

314

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

315

(a) The participants use bingo cards or sheets, including	316
paper formats and electronic representation or image formats, that	317
are divided into twenty-five spaces arranged in five horizontal	318
and five vertical rows of spaces, with each space, except the	319
central space, being designated by a combination of a letter and a	320
number and with the central space being designated as a free	321
space.	322

(b) The participants cover the spaces on the bingo cards or	323
sheets that correspond to combinations of letters and numbers that	324
are announced by a bingo game operator.	325

(c) A bingo game operator announces combinations of letters	326
and numbers that appear on objects that a bingo game operator	327
selects by chance, either manually or mechanically, from a	328
receptacle that contains seventy-five objects at the beginning of	329
each game, each object marked by a different combination of a	330
letter and a number that corresponds to one of the seventy-five	331
possible combinations of a letter and a number that can appear on	332
the bingo cards or sheets.	333

(d) The winner of the bingo game includes any participant who	334
properly announces during the interval between the announcements	335
of letters and numbers as described in division (S)(O)(1)(c) of	336
this section, that a predetermined and preannounced pattern of	337
spaces has been covered on a bingo card or sheet being used by the	338
participant.	339

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

340

(T)(P) "Conduct" means to back, promote, organize, manage,	341
carry on, sponsor, or prepare for the operation of bingo or a game	342
of chance.	343

(U)(Q) "Bingo game operator" means any person, except	344
security personnel, who performs work or labor at the site of	345
bingo, including, but not limited to, collecting money from	346
participants, handing out bingo cards or sheets or objects to	347
cover spaces on bingo cards or sheets, selecting from a receptacle	348
the objects that contain the combination of letters and numbers	349
that appear on bingo cards or sheets, calling out the combinations	350
of letters and numbers, distributing prizes, selling or redeeming	351
instant bingo tickets or cards, supervising the operation of a	352
punch board, selling raffle tickets, selecting raffle tickets from	353
a receptacle and announcing the winning numbers in a raffle, and	354
preparing, selling, and serving food or beverages.	355

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

356

(W)(S) "Bingo session" means a period that includes both of	357
the following:	358

(1) Not to exceed five continuous hours for the conduct of	359
one or more games described in division (S)(O)(1) of this section,	360
instant bingo, and seal cards;	361

(2) A period for the conduct of instant bingo and seal cards	362
for not more than two hours before and not more than two hours	363
after the period described in division (W)(S)(1) of this section.	364

(X)(T) "Gross receipts" means all money or assets, including	365
admission fees, that a person receives from bingo without the	366
deduction of any amounts for prizes paid out or for the expenses	367
of conducting bingo. "Gross receipts" does not include any money	368
directly taken in from the sale of food or beverages by a	369
charitable organization conducting bingo, or by a bona fide	370
auxiliary unit or society of a charitable organization conducting	371
bingo, provided all of the following apply:	372

(1) The auxiliary unit or society has been in existence as a	373
bona fide auxiliary unit or society of the charitable organization	374
for at least two years prior to conducting bingo.	375

(2) The person who purchases the food or beverage receives	376
nothing of value except the food or beverage and items customarily	377
received with the purchase of that food or beverage.	378

(3) The food and beverages are sold at customary and	379
reasonable prices.	380

(Y)(U) "Security personnel" includes any person who either is	381
a sheriff, deputy sheriff, marshal, deputy marshal, township	382
constable, or member of an organized police department of a	383
municipal corporation or has successfully completed a peace	384
officer's training course pursuant to sections 109.71 to 109.79 of	385
the Revised Code and who is hired to provide security for the	386
premises on which bingo is conducted.	387

(Z)(V) "Charitable purpose" means that the net profit of	388
bingo, other than instant bingo, is used by, or is given, donated,	389
or otherwise transferred to, any of the following:	390

(1) Any organization that is described in subsection	391
509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code	392
and is either a governmental unit or an organization that is tax	393
exempt under subsection 501(a) and described in subsection	394
501(c)(3) of the Internal Revenue Code;	395

(2) A veteran's organization that is a post, chapter, or	396
organization of veterans, or an auxiliary unit or society of, or a	397
trust or foundation for, any such post, chapter, or organization	398
organized in the United States or any of its possessions, at least	399
seventy-five per cent of the members of which are veterans and	400
substantially all of the other members of which are individuals	401
who are spouses, widows, or widowers of veterans, or such	402
individuals, provided that no part of the net earnings of such	403
post, chapter, or organization inures to the benefit of any	404
private shareholder or individual, and further provided that the	405
net profit is used by the post, chapter, or organization for the	406
charitable purposes set forth in division (B)(12) of section	407
5739.02 of the Revised Code, is used for awarding scholarships to	408
or for attendance at an institution mentioned in division (B)(12)	409
of section 5739.02 of the Revised Code, is donated to a	410
governmental agency, or is used for nonprofit youth activities,	411
the purchase of United States or Ohio flags that are donated to	412
schools, youth groups, or other bona fide nonprofit organizations,	413
promotion of patriotism, or disaster relief;	414

(3) A fraternal organization that has been in continuous	415
existence in this state for fifteen years and that uses the net	416
profit exclusively for religious, charitable, scientific,	417
literary, or educational purposes, or for the prevention of	418
cruelty to children or animals, if contributions for such use	419
would qualify as a deductible charitable contribution under	420
subsection 170 of the Internal Revenue Code;	421

(4) A volunteer firefighter's organization that uses the net	422
profit for the purposes set forth in division (L)(K) of this	423
section.	424

(AA)(W) "Internal Revenue Code" means the "Internal Revenue	425
Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as now or hereafter	426
amended.	427

(BB)(X) "Youth athletic organization" means any organization,	428
not organized for profit, that is organized and operated	429
exclusively to provide financial support to, or to operate,	430
athletic activities for persons who are twenty-one years of age or	431
younger by means of sponsoring, organizing, operating, or	432
contributing to the support of an athletic team, club, league, or	433
association.	434

(CC)(Y) "Youth athletic park organization" means any	435
organization, not organized for profit, that satisfies both of the	436
following:	437

(1) It owns, operates, and maintains playing fields that	438
satisfy both of the following:	439

(a) The playing fields are used at least one hundred days per	440
year for athletic activities by one or more organizations, not	441
organized for profit, each of which is organized and operated	442
exclusively to provide financial support to, or to operate,	443
athletic activities for persons who are eighteen years of age or	444
younger by means of sponsoring, organizing, operating, or	445
contributing to the support of an athletic team, club, league, or	446
association.	447

(b) The playing fields are not used for any profit-making	448
activity at any time during the year.	449

(2) It uses the proceeds of bingo it conducts exclusively for	450
the operation, maintenance, and improvement of its playing fields	451
of the type described in division (CC)(Y)(1) of this section.	452

(DD) "Amateur athletic organization" means any organization,	453
not organized for profit, that is organized and operated	454
exclusively to provide financial support to, or to operate,	455
athletic activities for persons who are training for amateur	456
athletic competition that is sanctioned by a national governing	457
body as defined in the "Amateur Sports Act of 1978," 90 Stat.	458
3045, 36 U.S.C.A. 373.	459

(EE)(Z) "Bingo supplies" means bingo cards or sheets; instant	460
bingo tickets or cards; electronic bingo aids; raffle tickets;	461
punch boards; seal cards; instant bingo ticket dispensers; and	462
devices for selecting or displaying the combination of bingo	463
letters and numbers or raffle tickets. Items that are "bingo	464
supplies" are not gambling devices if sold or otherwise provided,	465
and used, in accordance with this chapter. For purposes of this	466
chapter, "bingo supplies" are not to be considered equipment used	467
to conduct a bingo game.	468

(FF)(AA) "Instant bingo" means a form of bingo that uses	469
shall use folded or banded tickets or paper cards with perforated	470
break-open tabs, a face of which is covered or otherwise hidden	471
from view to conceal a number, letter, or symbol, or set of	472
numbers, letters, or symbols, some of which have been designated	473
in advance as prize winners. "Instant bingo" includes seal cards,	474
and may also include games in which some winners are determined by	475
the random selection of one or more bingo numbers by the use of a	476
seal card or bingo blower. In all "instant bingo" the prize amount	477
and structure shall be predetermined. "Instant bingo" does not	478
include any device that is activated by the insertion of a coin,	479
currency, token, or an equivalent, and that contains as one of its	480
components a video display monitor that is capable of displaying	481
numbers, letters, symbols, or characters in winning or losing	482
combinations.	483

(GG)(BB) "Seal card" means a form of instant bingo that uses	484
instant bingo tickets in conjunction with a board or placard that	485
contains one or more seals that, when removed or opened, reveal	486
predesignated winning numbers, letters, or symbols.	487

(HH)(CC) "Raffle" means a form of bingo in which the one or	488
more prizes are won by one or more persons who have purchased a	489
raffle ticket. The one or more winners of the raffle are	490
determined by drawing a ticket stub or other detachable section	491
from a receptacle containing ticket stubs or detachable sections	492
corresponding to all tickets sold for the raffle. "Raffle" does	493
not include the drawing of a ticket stub or other detachable	494
section of a ticket purchased to attend a professional sporting	495
event if both of the following apply:	496

(1) The ticket stub or other detachable section is used to	497
select the winner of a free prize given away at the professional	498
sporting event; and	499

(2) The cost of the ticket is the same as the cost of a	500
ticket to the professional sporting event on days when no free	501
prize is given away.	502

(II)(DD) "Punch board" means a board containing a number of	503
holes or receptacles of uniform size in which are placed,	504
mechanically and randomly, serially numbered slips of paper that	505
may be punched or drawn from the hole or receptacle when used in	506
conjunction with instant bingo. A player may punch or draw the	507
numbered slips of paper from the holes or receptacles and obtain	508
the prize established for the game if the number drawn corresponds	509
to a winning number or, if the punch board includes the use of a	510
seal card, a potential winning number.	511

(JJ)(EE) "Gross profit" means gross receipts minus the amount	512
actually expended for the payment of prize awards.	513

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

514

(LL)(GG) "Expenses" means the reasonable amount of gross	515
profit actually expended for all of the following:	516

(1) The purchase or lease of bingo supplies;

517

(2) The annual license fee required under section 2915.08 of	518
the Revised Code;	519

(3) Bank fees and service charges for a bingo session or game	520
account described in section 2915.10 of the Revised Code;	521

(4) Audits and accounting services;

522

(5) Safes;

523

(6) Cash registers;

524

(7) Hiring security personnel;

525

(8) Advertising bingo;

526

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

527

(10) Tables and chairs;

528

(11) Expenses for maintaining and operating a charitable	529
organization's facilities, including, but not limited to, a post	530
home, club house, lounge, tavern, or canteen and any grounds	531
attached to the post home, club house, lounge, tavern, or canteen;	532

(12) Payment of real property taxes and assessments that are	533
levied on a premises on which bingo is conducted;	534

(13) Any other product or service directly related to the	535
conduct of bingo that is authorized in rules adopted by the	536
attorney general under division (B)(1) of section 2915.08 of the	537
Revised Code.	538

(MM)(HH) "Person" has the same meaning as in section 1.59 of	539
the Revised Code and includes any firm or any other legal entity,	540
however organized.	541

(NN)(II) "Revoke" means to void permanently all rights and	542
privileges of the holder of a license issued under section	543
2915.08, 2915.081, or 2915.082 of the Revised Code or a charitable	544
gaming license issued by another jurisdiction.	545

(OO)(JJ) "Suspend" means to interrupt temporarily all rights	546
and privileges of the holder of a license issued under section	547
2915.08, 2915.081, or 2915.082 of the Revised Code or a charitable	548
gaming license issued by another jurisdiction.	549

(PP)(KK) "Distributor" means any person who purchases or	550
obtains bingo supplies and who does either of the following:	551

(1) Sells, offers for sale, or otherwise provides or offers	552
to provide the bingo supplies to another person for use in this	553
state;	554

(2) Modifies, converts, adds to, or removes parts from the	555
bingo supplies to further their promotion or sale for use in this	556
state.	557

(QQ)(LL) "Manufacturer" means any person who assembles	558
completed bingo supplies from raw materials, other items, or	559
subparts or who modifies, converts, adds to, or removes parts from	560
bingo supplies to further their promotion or sale.	561

(RR)(MM) "Gross annual revenues" means the annual gross	562
receipts derived from the conduct of bingo described in division	563
(S)(O)(1) of this section plus the annual net profit derived from	564
the conduct of bingo described in division (S)(O)(2) of this	565
section.	566

(SS)(NN) "Instant bingo ticket dispenser" means a mechanical	567
device that dispenses an instant bingo ticket or card as the sole	568
item of value dispensed and that has the following	569
characteristics:	570

(1) It is activated upon the insertion of United States	571
currency.	572

(2) It performs no gaming functions.

573

(3) It does not contain a video display monitor or generate	574
noise.	575

(4) It is not capable of displaying any numbers, letters,	576
symbols, or characters in winning or losing combinations.	577

(5) It does not simulate or display rolling or spinning	578
reels.	579

(6) It is incapable of determining whether a dispensed bingo	580
ticket or card is a winning or nonwinning ticket or card and	581
requires a winning ticket or card to be paid by a bingo game	582
operator.	583

(7) It may provide accounting and security features to aid in	584
accounting for the instant bingo tickets or cards it dispenses.	585

(8) It is not part of an electronic network and is not	586
interactive.	587

(TT)(OO)(1) "Electronic bingo aid" means an electronic device	588
used by a participant to monitor bingo cards or sheets purchased	589
at the time and place of a bingo session and that does all of the	590
following:	591

(a) It provides a means for a participant to input numbers	592
and letters announced by a bingo caller.	593

(b) It compares the numbers and letters entered by the	594
participant to the bingo faces previously stored in the memory of	595
the device.	596

(c) It identifies a winning bingo pattern.

597

(2) "Electronic bingo aid" does not include any device into	598
which a coin, currency, token, or an equivalent is inserted to	599
activate play.	600

(UU)(PP) "Deal of instant bingo tickets" means a single game	601
of instant bingo tickets all with the same serial number.	602

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

603

(a) Any mechanical, electronic, video, or digital device that	604
is capable of accepting anything of value, directly or indirectly,	605
from or on behalf of a player who gives the thing of value in the	606
hope of gain;	607

(b) Any mechanical, electronic, video, or digital device that	608
is capable of accepting anything of value, directly or indirectly,	609
from or on behalf of a player to conduct bingo or a scheme or game	610
of chance.	611

(2) "Slot machine" does not include a skill-based amusement	612
machine or an instant bingo ticket dispenser.	613

(WW)(RR) "Net profit from the proceeds of the sale of instant	614
bingo" means gross profit minus the ordinary, necessary, and	615
reasonable expense expended for the purchase of instant bingo	616
supplies, and, in the case of instant bingo conducted by a	617
veteran's, fraternal, or sporting organization, minus the payment	618
by that organization of real property taxes and assessments levied	619
on a premises on which instant bingo is conducted.	620

(XX)(SS) "Charitable instant bingo organization" means an	621
organization that is exempt from federal income taxation under	622
subsection 501(a) and described in subsection 501(c)(3) of the	623
Internal Revenue Code and is a charitable organization as defined	624
in this section. A "charitable instant bingo organization" does	625
not include a charitable organization that is exempt from federal	626
income taxation under subsection 501(a) and described in	627
subsection 501(c)(3) of the Internal Revenue Code and that is	628
created by a veteran's organization, a fraternal organization, or	629
a sporting organization in regards to bingo conducted or assisted	630
by a veteran's organization, a fraternal organization, or a	631
sporting organization pursuant to section 2915.13 of the Revised	632
Code.	633

(YY)(TT) "Game flare" means the board or placard that	634
accompanies each deal of instant bingo tickets and that has	635
printed on or affixed to it the following information for the	636
game:	637

(1) The name of the game;

638

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

639

(3) The form number;

640

(4) The ticket count;

641

(5) The prize structure, including the number of winning	642
instant bingo tickets by denomination and the respective winning	643
symbol or number combinations for the winning instant bingo	644
tickets;	645

(6) The cost per play;

646

(7) The serial number of the game.

647

(ZZ) "Historic railroad educational organization" means an	648
organization that is exempt from federal income taxation under	649
subsection 501(a) and described in subsection 501(c)(3) of the	650
Internal Revenue Code, that owns in fee simple the tracks and the	651
right-of-way of a historic railroad that the organization restores	652
or maintains and on which the organization provides excursions as	653
part of a program to promote tourism and educate visitors	654
regarding the role of railroad transportation in Ohio history, and	655
that received as donations from a charitable organization that	656
holds a license to conduct bingo under this chapter an amount	657
equal to at least fifty per cent of that licensed charitable	658
organization's net proceeds from the conduct of bingo during each	659
of the five years preceding June 30, 2003. "Historic railroad"	660
means all or a portion of the tracks and right-of-way of a	661
railroad that was owned and operated by a for-profit common	662
carrier in this state at any time prior to January 1, 1950.	663

(AAA)(UU)(1) "Skill-based amusement machine" means a	664
mechanical, video, digital, or electronic device that rewards the	665
player or players, if at all, only with merchandise prizes or with	666
redeemable vouchers redeemable only for merchandise prizes,	667
provided that with respect to rewards for playing the game all of	668
the following apply:	669

(a) The wholesale value of a merchandise prize awarded as a	670
result of the single play of a machine does not exceed ten	671
dollars;	672

(b) Redeemable vouchers awarded for any single play of a	673
machine are not redeemable for a merchandise prize with a	674
wholesale value of more than ten dollars;	675

(c) Redeemable vouchers are not redeemable for a merchandise	676
prize that has a wholesale value of more than ten dollars times	677
the fewest number of single plays necessary to accrue the	678
redeemable vouchers required to obtain that prize; and	679

(d) Any redeemable vouchers or merchandise prizes are	680
distributed at the site of the skill-based amusement machine at	681
the time of play.	682

A card for the purchase of gasoline is a redeemable voucher	683
for purposes of division (AAA)(UU)(1) of this section even if the	684
skill-based amusement machine for the play of which the card is	685
awarded is located at a place where gasoline may not be legally	686
distributed to the public or the card is not redeemable at the	687
location of, or at the time of playing, the skill-based amusement	688
machine.	689

(2) A device shall not be considered a skill-based amusement	690
machine and shall be considered a slot machine if it pays cash or	691
one or more of the following apply:	692

(a) The ability of a player to succeed at the game is	693
impacted by the number or ratio of prior wins to prior losses of	694
players playing the game.	695

(b) Any reward of redeemable vouchers is not based solely on	696
the player achieving the object of the game or the player's score;	697

(c) The outcome of the game, or the value of the redeemable	698
voucher or merchandise prize awarded for winning the game, can be	699
controlled by a source other than any player playing the game.	700

(d) The success of any player is or may be determined by a	701
chance event that cannot be altered by player actions.	702

(e) The ability of any player to succeed at the game is	703
determined by game features not visible or known to the player.	704

(f) The ability of the player to succeed at the game is	705
impacted by the exercise of a skill that no reasonable player	706
could exercise.	707

(3) All of the following apply to any machine that is	708
operated as described in division (AAA)(UU)(1) of this section:	709

(a) As used in division (UU) of this section, "game" and	710
"play" mean one event from the initial activation of the machine	711
until the results of play are determined without payment of	712
additional consideration. An individual utilizing a machine that	713
involves a single game, play, contest, competition, or tournament	714
may be awarded redeemable vouchers or merchandise prizes based on	715
the results of play.	716

(b) Advance play for a single game, play, contest,	717
competition, or tournament participation may be purchased. The	718
cost of the contest, competition, or tournament participation may	719
be greater than a single noncontest, competition, or tournament	720
play.	721

(c) To the extent that the machine is used in a contest,	722
competition, or tournament, that contest, competition, or	723
tournament has a defined starting and ending date and is open to	724
participants in competition for scoring and ranking results toward	725
the awarding of redeemable vouchers or merchandise prizes that are	726
stated prior to the start of the contest, competition, or	727
tournament.	728

(4) For purposes of division (AAA)(UU)(1) of this section,	729
the mere presence of a device, such as a pin-setting,	730
ball-releasing, or scoring mechanism, that does not contribute to	731
or affect the outcome of the play of the game does not make the	732
device a skill-based amusement machine.	733

(BBB)(VV) "Merchandise prize" means any item of value, but	734
shall not include any of the following:	735

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

736

(2) Plays on games of chance, state lottery tickets, bingo,	737
or instant bingo;	738

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

739

(4) A redeemable voucher that is redeemable for any of the	740
items listed in division (BBB)(VV)(1), (2), or (3) of this	741
section.	742

(CCC)(WW) "Redeemable voucher" means any ticket, token,	743
coupon, receipt, or other noncash representation of value.	744

(DDD)(XX) "Pool not conducted for profit" means a scheme in	745
which a participant gives a valuable consideration for a chance to	746
win a prize and the total amount of consideration wagered is	747
distributed to a participant or participants.	748

(EEE)(YY) "Sporting organization" means a hunting, fishing,	749
or trapping organization, other than a college or high school	750
fraternity or sorority, that is not organized for profit, that is	751
affiliated with a state or national sporting organization,	752
including but not limited to, the Ohio league of Ohio sportsmen,	753
and that has been in continuous existence in this state for a	754
period of three years.	755

(FFF)(ZZ) "Community action agency" has the same meaning as	756
in section 122.66 of the Revised Code.	757

(AAA) "Permitted location" means a building leased by a	758
county in this state under a lease pursuant to which charitable	759
organizations have operated festivals weekly for the eighteen	760
months immediately preceding the effective date of this amendment,	761
at which games of chance were offered.	762

(BBB) "Charity card room" means a facility at a permitted	763
location that offers games of chance conducted by a charitable	764
organization.	765

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

766

(1) Engage in bookmaking, or knowingly engage in conduct that	767
facilitates bookmaking;	768

(2) Establish, promote, or operate or knowingly engage in	769
conduct that facilitates any game of chance conducted for profit	770
or any scheme of chance;	771

(3) Knowingly procure, transmit, exchange, or engage in	772
conduct that facilitates the procurement, transmission, or	773
exchange of information for use in establishing odds or	774
determining winners in connection with bookmaking or with any game	775
of chance conducted for profit or any scheme of chance;	776

(4) Engage in betting or in playing any scheme or game of	777
chance as a substantial source of income or livelihood;	778

(5) With purpose to violate division (A)(1), (2), (3), or (4)	779
of this section, acquire, possess, control, or operate any	780
gambling device.	781

(B) For purposes of division (A)(1) of this section, a person	782
facilitates bookmaking if the person in any way knowingly aids an	783
illegal bookmaking operation, including, without limitation,	784
placing a bet with a person engaged in or facilitating illegal	785
bookmaking. For purposes of division (A)(2) of this section, a	786
person facilitates a game of chance conducted for profit or a	787
scheme of chance if the person in any way knowingly aids in the	788
conduct or operation of any such game or scheme, including,	789
without limitation, playing any such game or scheme.	790

(C) This section does not prohibit conduct in connection with	791
gambling expressly permitted by law.	792

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

793

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

794

(a) The games of chance are not craps for money or roulette	795
for money.	796

(b) The games of chance are conducted by a charitable	797
organization that is, and has received from the internal revenue	798
service a determination letter that is currently in effect,	799
stating that the organization is, exempt from federal income	800
taxation under subsection 501(a) and described in subsection	801
501(c)(3) of the Internal Revenue Code.	802

(c) The games of chance are conducted at festivals of the	803
charitable organization that are conducted either for a period of	804
four consecutive days or less and not more than twice a year or	805
for a period ofa total of five consecutive days not more than	806
once a year, and are conducted on premises owned by the charitable	807
organization for a period of no less than one year immediately	808
preceding the conducting of the games of chance, on premises	809
leased from a governmental unit, or on premises that are leased	810
from a veteran's or fraternal organization and that have been	811
owned by the lessor veteran's or fraternal organization for a	812
period of no less than one year immediately preceding the	813
conducting of the games of chance.	814

A charitable organization shall not lease premises from a	815
veteran's or fraternal organization to conduct a festival	816
described in division (D)(1)(c) of this section if the veteran's	817
or fraternal organization already has leased the premises twelve	818
times during the preceding year to charitable organizations for	819
that purpose. If a charitable organization leases premises from a	820
veteran's or fraternal organization to conduct a festival	821
described in division (D)(1)(c) of this section, the charitable	822
organization shall not pay a rental rate for the premises per day	823
of the festival that exceeds the rental rate per bingo session	824
that a charitable organization may pay under division (B)(1) of	825
section 2915.09 of the Revised Code when it leases premises from	826
another charitable organization to conduct bingo games.	827

(d) All of the money or assets received from the games of	828
chance after deduction only of prizes paid out during the conduct	829
of the games of chance are used by, or given, donated, or	830
otherwise transferred to, any organization that is described in	831
subsection 509(a)(1), 509(a)(2), or 509(a)(3) of the Internal	832
Revenue Code and is either a governmental unit or an organization	833
that is tax exempt under subsection 501(a) and described in	834
subsection 501(c)(3) of the Internal Revenue Code;	835

(e) The games of chance are not conducted during, or within	836
ten hours of, a bingo game conducted for amusement purposes only	837
pursuant to section 2915.12 of the Revised Code.	838

No person shall receive any commission, wage, salary, reward,	839
tip, donation, gratuity, or other form of compensation, directly	840
or indirectly, for operating or assisting in the operation of any	841
game of chance.	842

(2) Any tag fishing tournament operated under a permit issued	843
under section 1533.92 of the Revised Code, as "tag fishing	844
tournament" is defined in section 1531.01 of the Revised Code;	845

(3) Bingo conducted by a charitable organization that holds a	846
license issued under section 2915.08 of the Revised Code.	847

(E) Division (D) of this section shall not be construed to	848
authorize the sale, lease, or other temporary or permanent	849
transfer of the right to conduct games of chance, as granted by	850
that division, by any charitable organization that is granted that	851
right.	852

(F) Whoever violates this section is guilty of gambling, a	853
misdemeanor of the first degree. If the offender previously has	854
been convicted of any gambling offense, gambling is a felony of	855
the fifth degree.	856

Sec. 2915.06. (A) No person shall give to another person any	857
item described in division (BBB)(VV)(1), (2), (3), or (4) of	858
section 2915.01 of the Revised Code in exchange for a noncash	859
prize, toy, or novelty received as a reward for playing or	860
operating a skill-based amusement machine or for a free or	861
reduced-price game won on a skill-based amusement machine.	862

(B) Whoever violates division (A) of this section is guilty	863
of skill-based amusement machine prohibited conduct. A violation	864
of division (A) of this section is a misdemeanor of the first	865
degree for each redemption of a prize that is involved in the	866
violation. If the offender previously has been convicted of a	867
violation of division (A) of this section, a violation of that	868
division is a felony of the fifth degree for each redemption of a	869
prize that is involved in the violation. The maximum fine	870
authorized to be imposed for a felony of the fifth degree shall be	871
imposed upon the offender.	872

Sec. 2915.08.  (A)(1) Annually before the first day of	873
January, a charitable organization that desires to conduct bingo,	874
instant bingo at a bingo session, or instant bingo other than at a	875
bingo session shall make out, upon a form to be furnished by the	876
attorney general for that purpose, an application for a license to	877
conduct bingo, instant bingo at a bingo session, or instant bingo	878
other than at a bingo session and deliver that application to the	879
attorney general together with a license fee as follows:	880

(a) Except as otherwise provided in this division, for a	881
license for the conduct of bingo, two hundred dollars;	882

(b) For a license for the conduct of instant bingo at a bingo	883
session or instant bingo other than at a bingo session for a	884
charitable organization that previously has not been licensed	885
under this chapter to conduct instant bingo at a bingo session or	886
instant bingo other than at a bingo session, a license fee of five	887
hundred dollars, and for any other charitable organization, a	888
license fee that is based upon the gross profits received by the	889
charitable organization from the operation of instant bingo at a	890
bingo session or instant bingo other than at a bingo session,	891
during the one-year period ending on the thirty-first day of	892
October of the year immediately preceding the year for which the	893
license is sought, and that is one of the following:	894

(i) Five hundred dollars, if the total is fifty thousand	895
dollars or less;	896

(ii) One thousand two hundred fifty dollars plus one-fourth	897
per cent of the gross profit, if the total is more than fifty	898
thousand dollars but less than two hundred fifty thousand one	899
dollars;	900

(iii) Two thousand two hundred fifty dollars plus one-half	901
per cent of the gross profit, if the total is more than two	902
hundred fifty thousand dollars but less than five hundred thousand	903
one dollars;	904

(iv) Three thousand five hundred dollars plus one per cent of	905
the gross profit, if the total is more than five hundred thousand	906
dollars but less than one million one dollars;	907

(v) Five thousand dollars plus one per cent of the gross	908
profit, if the total is one million one dollars or more;	909

(c) A reduced license fee established by the attorney general	910
pursuant to division (G) of this section.	911

(d) For a license to conduct bingo for a charitable	912
organization that prior to the effective date of this amendment	913
July 1, 2003, has not been licensed under this chapter to conduct	914
bingo, instant bingo at a bingo session, or instant bingo other	915
than at a bingo session, a license fee established by rule by the	916
attorney general in accordance with division (H) of this section.	917

(2) The application shall be in the form prescribed by the	918
attorney general, shall be signed and sworn to by the applicant,	919
and shall contain all of the following:	920

(a) The name and post-office address of the applicant;

921

(b) A statement that the applicant is a charitable	922
organization and that it has been in continuous existence as a	923
charitable organization in this state for two years immediately	924
preceding the making of the application or for five years in the	925
case of a fraternal organization or a nonprofit medical	926
organization;	927

(c) The location at which the organization will conduct	928
bingo, which location shall be within the county in which the	929
principal place of business of the applicant is located, or within	930
the municipal corporation in which the principal place of business	931
of the applicant is located if the organization is located in more	932
than one municipal corporation, the days of the week and the times	933
on each of those days when bingo will be conducted, whether the	934
organization owns, leases, or subleases the premises, and a copy	935
of the rental agreement if it leases or subleases the premises;	936

(d) A statement of the applicant's previous history, record,	937
and association that is sufficient to establish that the applicant	938
is a charitable organization, and a copy of a determination letter	939
that is issued by the Internal Revenue Service and states that the	940
organization is tax exempt under subsection 501(a) and described	941
in subsection 501(c)(3), 501(c)(4), 501(c)(7), 501(c)(8),	942
501(c)(10), or 501(c)(19) of the Internal Revenue Code;	943

(e) A statement as to whether the applicant has ever had any	944
previous application refused, whether it previously has had a	945
license revoked or suspended, and the reason stated by the	946
attorney general for the refusal, revocation, or suspension;	947

(f) A statement of the charitable purposes for which the net	948
profit derived from bingo, other than instant bingo, will be used,	949
and a statement of how the net profit derived from instant bingo	950
will be distributed in accordance with section 2915.101 of the	951
Revised Code;	952

(g) Other necessary and reasonable information that the	953
attorney general may require by rule adopted pursuant to section	954
111.15 of the Revised Code;	955

(h) If the applicant is a charitable trust as defined in	956
section 109.23 of the Revised Code, a statement as to whether it	957
has registered with the attorney general pursuant to section	958
109.26 of the Revised Code or filed annual reports pursuant to	959
section 109.31 of the Revised Code, and, if it is not required to	960
do either, the exemption in section 109.26 or 109.31 of the	961
Revised Code that applies to it;	962

(i) If the applicant is a charitable organization as defined	963
in section 1716.01 of the Revised Code, a statement as to whether	964
it has filed with the attorney general a registration statement	965
pursuant to section 1716.02 of the Revised Code and a financial	966
report pursuant to section 1716.04 of the Revised Code, and, if it	967
is not required to do both, the exemption in section 1716.03 of	968
the Revised Code that applies to it;	969

(j) In the case of an applicant seeking to qualify as a youth	970
athletic park organization, a statement issued by a board or body	971
vested with authority under Chapter 755. of the Revised Code for	972
the supervision and maintenance of recreation facilities in the	973
territory in which the organization is located, certifying that	974
the playing fields owned by the organization were used for at	975
least one hundred days during the year in which the statement is	976
issued, and were open for use to all residents of that territory,	977
regardless of race, color, creed, religion, sex, or national	978
origin, for athletic activities by youth athletic organizations	979
that do not discriminate on the basis of race, color, creed,	980
religion, sex, or national origin, and that the fields were not	981
used for any profit-making activity at any time during the year.	982
That type of board or body is authorized to issue the statement	983
upon request and shall issue the statement if it finds that the	984
applicant's playing fields were so used.	985

(3) The attorney general, within thirty days after receiving	986
a timely filed application from a charitable organization that has	987
been issued a license under this section that has not expired and	988
has not been revoked or suspended, shall send a temporary permit	989
to the applicant specifying the date on which the application was	990
filed with the attorney general and stating that, pursuant to	991
section 119.06 of the Revised Code, the applicant may continue to	992
conduct bingo until a new license is granted or, if the	993
application is rejected, until fifteen days after notice of the	994
rejection is mailed to the applicant. The temporary permit does	995
not affect the validity of the applicant's application and does	996
not grant any rights to the applicant except those rights	997
specifically granted in section 119.06 of the Revised Code. The	998
issuance of a temporary permit by the attorney general pursuant to	999
this division does not prohibit the attorney general from	1000
rejecting the applicant's application because of acts that the	1001
applicant committed, or actions that the applicant failed to take,	1002
before or after the issuance of the temporary permit.	1003

(4) Within thirty days after receiving an initial license	1004
application from a charitable organization to conduct bingo,	1005
instant bingo at a bingo session, or instant bingo other than at a	1006
bingo session, the attorney general shall conduct a preliminary	1007
review of the application and notify the applicant regarding any	1008
deficiencies. Once an application is deemed complete, or beginning	1009
on the thirtieth day after the application is filed, if the	1010
attorney general failed to notify the applicant of any	1011
deficiencies, the attorney general shall have an additional sixty	1012
days to conduct an investigation and either grant or deny the	1013
application based on findings established and communicated in	1014
accordance with divisions (B) and (E) of this section. As an	1015
option to granting or denying an initial license application, the	1016
attorney general may grant a temporary license and request	1017
additional time to conduct the investigation if the attorney	1018
general has cause to believe that additional time is necessary to	1019
complete the investigation and has notified the applicant in	1020
writing about the specific concerns raised during the	1021
investigation.	1022

(B)(1) The attorney general shall adopt rules to enforce	1023
sections 2915.01, 2915.02, and 2915.07 to 2915.13 of the Revised	1024
Code to ensure that bingo or instant bingo is conducted in	1025
accordance with those sections and to maintain proper control over	1026
the conduct of bingo or instant bingo. The rules, except rules	1027
adopted pursuant to divisions (A)(2)(g) and (G) of this section,	1028
shall be adopted pursuant to Chapter 119. of the Revised Code. The	1029
attorney general shall license charitable organizations to conduct	1030
bingo, instant bingo at a bingo session, or instant bingo other	1031
than at a bingo session in conformance with this chapter and with	1032
the licensing provisions of Chapter 119. of the Revised Code.	1033

(2) The attorney general may refuse to grant a license to any	1034
organization, or revoke or suspend the license of any	1035
organization, that does any of the following or to which any of	1036
the following applies:	1037

(a) Fails or has failed at any time to meet any requirement	1038
of section 109.26, 109.31, or 1716.02, or sections 2915.07 to	1039
2915.11 of the Revised Code, or violates or has violated any	1040
provision of sections 2915.02 or 2915.07 to 2915.13 of the Revised	1041
Code or any rule adopted by the attorney general pursuant to this	1042
section;	1043

(b) Makes or has made an incorrect or false statement that is	1044
material to the granting of the license in an application filed	1045
pursuant to division (A) of this section;	1046

(c) Submits or has submitted any incorrect or false	1047
information relating to an application if the information is	1048
material to the granting of the license;	1049

(d) Maintains or has maintained any incorrect or false	1050
information that is material to the granting of the license in the	1051
records required to be kept pursuant to divisions (A) and (C) of	1052
section 2915.10 of the Revised Code, if applicable;	1053

(e) The attorney general has good cause to believe that the	1054
organization will not conduct bingo, instant bingo at a bingo	1055
session, or instant bingo other than at a bingo session in	1056
accordance with sections 2915.07 to 2915.13 of the Revised Code or	1057
with any rule adopted by the attorney general pursuant to this	1058
section.	1059

(3) For the purposes of division (B) of this section, any	1060
action of an officer, trustee, agent, representative, or bingo	1061
game operator of an organization is an action of the organization.	1062

(C) The attorney general may grant licenses to charitable	1063
organizations that are branches, lodges, or chapters of national	1064
charitable organizations.	1065

(D) The attorney general shall send notice in writing to the	1066
prosecuting attorney and sheriff of the county in which the	1067
organization will conduct bingo, instant bingo at a bingo session,	1068
or instant bingo other than at a bingo session, as stated in its	1069
application for a license or amended license, and to any other law	1070
enforcement agency in that county that so requests, of all of the	1071
following:	1072

(1) The issuance of the license;

1073

(2) The issuance of the amended license;

1074

(3) The rejection of an application for and refusal to grant	1075
a license;	1076

(4) The revocation of any license previously issued;

1077

(5) The suspension of any license previously issued.

1078

(E) A license issued by the attorney general shall set forth	1079
the information contained on the application of the charitable	1080
organization that the attorney general determines is relevant,	1081
including, but not limited to, the location at which the	1082
organization will conduct bingo, instant bingo at a bingo session,	1083
or instant bingo other than at a bingo session and the days of the	1084
week and the times on each of those days when bingo will be	1085
conducted. If the attorney general refuses to grant or revokes or	1086
suspends a license, the attorney general shall notify the	1087
applicant in writing and specifically identify the reason for the	1088
refusal, revocation, or suspension in narrative form and, if	1089
applicable, by identifying the section of the Revised Code	1090
violated. The failure of the attorney general to give the written	1091
notice of the reasons for the refusal, revocation, or suspension	1092
or a mistake in the written notice does not affect the validity of	1093
the attorney general's refusal to grant, or the revocation or	1094
suspension of, a license. If the attorney general fails to give	1095
the written notice or if there is a mistake in the written notice,	1096
the applicant may bring an action to compel the attorney general	1097
to comply with this division or to correct the mistake, but the	1098
attorney general's order refusing to grant, or revoking or	1099
suspending, a license shall not be enjoined during the pendency of	1100
the action.	1101

(F) A charitable organization that has been issued a license	1102
pursuant to division (B) of this section but that cannot conduct	1103
bingo or instant bingo at the location, or on the day of the week	1104
or at the time, specified on the license due to circumstances that	1105
make it impractical to do so may apply in writing, together with	1106
an application fee of two hundred fifty dollars, to the attorney	1107
general, at least thirty days prior to a change in location, day	1108
of the week, or time, and request an amended license. The	1109
application shall describe the causes making it impractical for	1110
the organization to conduct bingo or instant bingo in conformity	1111
with its license and shall indicate the location, days of the	1112
week, and times on each of those days when it desires to conduct	1113
bingo or instant bingo. Except as otherwise provided in this	1114
division, the attorney general shall issue the amended license in	1115
accordance with division (E) of this section, and the organization	1116
shall surrender its original license to the attorney general. The	1117
attorney general may refuse to grant an amended license according	1118
to the terms of division (B) of this section.	1119

(G) The attorney general, by rule adopted pursuant to section	1120
111.15 of the Revised Code, shall establish a schedule of reduced	1121
license fees for charitable organizations that desire to conduct	1122
bingo or instant bingo during fewer than twenty-six weeks in any	1123
calendar year.	1124

(H) The attorney general, by rule adopted pursuant to section	1125
111.15 of the Revised Code, shall establish license fees for the	1126
conduct of bingo, instant bingo at a bingo session, or instant	1127
bingo other than at a bingo session for charitable organizations	1128
that prior to the effective date of this amendmentJuly 1, 2003,	1129
have not been licensed to conduct bingo, instant bingo at a bingo	1130
session, or instant bingo other than at a bingo session under this	1131
chapter.	1132

(I) The attorney general may enter into a written contract	1133
with any other state agency to delegate to that state agency the	1134
powers prescribed to the attorney general under Chapter 2915. of	1135
the Revised Code.	1136

(J) The attorney general, by rule adopted pursuant to section	1137
111.15 of the Revised Code, may adopt rules to determine the	1138
requirements for a charitable organization that is exempt from	1139
federal income taxation under subsection 501(a) and described in	1140
subsection 501(c)(3) of the Internal Revenue Code to be in good	1141
standing in the state.	1142

Sec. 2915.09.  (A) No charitable organization that conducts	1143
bingo shall fail to do any of the following:	1144

(1) Own all of the equipment used to conduct bingo or lease	1145
that equipment from a charitable organization that is licensed to	1146
conduct bingo, or from the landlord of a premises where bingo is	1147
conducted, for a rental rate that is not more than is customary	1148
and reasonable for that equipment;	1149

(2) Except as otherwise provided in division (A)(3) of this	1150
section, use all of the gross receipts from bingo for paying	1151
prizes, for reimbursement of expenses for or for renting premises	1152
in which to conduct a bingo session, for reimbursement of expenses	1153
for or for purchasing or leasing bingo supplies used in conducting	1154
bingo, for reimbursement of expenses for or for hiring security	1155
personnel, for reimbursement of expenses for or for advertising	1156
bingo, or for reimbursement of other expenses or for other	1157
expenses listed in division (LL)(GG) of section 2915.01 of the	1158
Revised Code, provided that the amount of the receipts so spent is	1159
not more than is customary and reasonable for a similar purchase,	1160
lease, hiring, advertising, or expense. If the building in which	1161
bingo is conducted is owned by the charitable organization	1162
conducting bingo and the bingo conducted includes a form of bingo	1163
described in division (S)(O)(1) of section 2915.01 of the Revised	1164
Code, the charitable organization may deduct from the total amount	1165
of the gross receipts from each session a sum equal to the lesser	1166
of six hundred dollars or forty-five per cent of the gross	1167
receipts from the bingo described in that division as	1168
consideration for the use of the premises.	1169

(3) Use, or give, donate, or otherwise transfer, all of the	1170
net profit derived from bingo, other than instant bingo, for a	1171
charitable purpose listed in its license application and described	1172
in division (Z)(V) of section 2915.01 of the Revised Code, or	1173
distribute all of the net profit from the proceeds of the sale of	1174
instant bingo as stated in its license application and in	1175
accordance with section 2915.101 of the Revised Code.	1176

(B) No charitable organization that conducts a bingo game	1177
described in division (S)(O)(1) of section 2915.01 of the Revised	1178
Code shall fail to do any of the following:	1179

(1) Conduct the bingo game on premises that are owned by the	1180
charitable organization, on premises that are owned by another	1181
charitable organization and leased from that charitable	1182
organization for a rental rate not in excess of the lesser of six	1183
hundred dollars per bingo session or forty-five per cent of the	1184
gross receipts of the bingo session, on premises that are leased	1185
from a person other than a charitable organization for a rental	1186
rate that is not more than is customary and reasonable for	1187
premises that are similar in location, size, and quality but not	1188
in excess of four hundred fifty dollars per bingo session, or on	1189
premises that are owned by a person other than a charitable	1190
organization, that are leased from that person by another	1191
charitable organization, and that are subleased from that other	1192
charitable organization by the charitable organization for a	1193
rental rate not in excess of four hundred fifty dollars per bingo	1194
session. No charitable organization is required to pay property	1195
taxes or assessments on premises that the charitable organization	1196
leases from another person to conduct bingo sessions. If the	1197
charitable organization leases from a person other than a	1198
charitable organization the premises on which it conducts bingo	1199
sessions, the lessor of the premises shall provide the premises to	1200
the organization and shall not provide the organization with bingo	1201
game operators, security personnel, concessions or concession	1202
operators, bingo supplies, or any other type of service. A	1203
charitable organization shall not lease or sublease premises that	1204
it owns or leases to more than onethree other charitable	1205
organizationorganizations per calendar week for the purpose of	1206
conducting bingo sessions on the premises. A person that is not a	1207
charitable organization shall not lease premises that it owns,	1208
leases, or otherwise is empowered to lease to more than three	1209
charitable organizations per calendar week for conducting bingo	1210
sessions on the premises. In no case shall more than nine bingo	1211
sessions be conducted on any premises in any calendar week.	1212

(2) Display its license conspicuously at the premises where	1213
the bingo session is conducted;	1214

(3) Conduct the bingo session in accordance with the	1215
definition of bingo set forth in division (S)(O)(1) of section	1216
2915.01 of the Revised Code.	1217

(C) No charitable organization that conducts a bingo game	1218
described in division (S)(O)(1) of section 2915.01 of the Revised	1219
Code shall do any of the following:	1220

(1) Pay any compensation to a bingo game operator for	1221
operating a bingo session that is conducted by the charitable	1222
organization or for preparing, selling, or serving food or	1223
beverages at the site of the bingo session, permit any auxiliary	1224
unit or society of the charitable organization to pay compensation	1225
to any bingo game operator who prepares, sells, or serves food or	1226
beverages at a bingo session conducted by the charitable	1227
organization, or permit any auxiliary unit or society of the	1228
charitable organization to prepare, sell, or serve food or	1229
beverages at a bingo session conducted by the charitable	1230
organization, if the auxiliary unit or society pays any	1231
compensation to the bingo game operators who prepare, sell, or	1232
serve the food or beverages;	1233

(2) Pay consulting fees to any person for any services	1234
performed in relation to the bingo session;	1235

(3) Pay concession fees to any person who provides	1236
refreshments to the participants in the bingo session;	1237

(4) Except as otherwise provided in division (C)(4) of this	1238
section, conduct more than three bingo sessions in any seven-day	1239
period. A volunteer firefighter's organization or a volunteer	1240
rescue service organization that conducts not more than five bingo	1241
sessions in a calendar year may conduct more than three bingo	1242
sessions in a seven-day period after notifying the attorney	1243
general when it will conduct the sessions.	1244

(5) Pay out more than six thousand dollars in prizes for	1245
bingo games described in division (S)(O)(1) of section 2915.01 of	1246
the Revised Code during any bingo session that is conducted by the	1247
charitable organization. "Prizes" does not include awards from the	1248
conduct of instant bingo.	1249

(6) Conduct a bingo session at any time during the ten-hour	1250
eight-hour period between midnighttwo a.m. and ten a.m., at any	1251
time during, or within ten hours of, a bingo game conducted for	1252
amusement only pursuant to section 2915.12 of the Revised Code, at	1253
any premises not specified on its license, or on any day of the	1254
week or during any time period not specified on its license.	1255
Division (A)(6) of this section does not prohibit the sale of	1256
instant bingo tickets beginning at nine a.m. for a bingo session	1257
that begins at ten a.m. If circumstances make it impractical for	1258
the charitable organization to conduct a bingo session at the	1259
premises, or on the day of the week or at the time, specified on	1260
its license, or if a charitable organization wants to conduct	1261
bingo sessions on a day of the week or at a time other than the	1262
day or time specified on its license, the charitable organization	1263
may apply in writing to the attorney general for an amended	1264
license pursuant to division (F) of section 2915.08 of the Revised	1265
Code. A charitable organization may apply twice in each calendar	1266
year for an amended license to conduct bingo sessions on a day of	1267
the week or at a time other than the day or time specified on its	1268
license. If the amended license is granted, the organization may	1269
conduct bingo sessions at the premises, on the day of the week,	1270
and at the time specified on its amended license.	1271

(7) Permit any person whom the charitable organization knows,	1272
or should have known, is under the age of eighteen to work as a	1273
bingo game operator;	1274

(8) Permit any person whom the charitable organization knows,	1275
or should have known, has been convicted of a felony or gambling	1276
offense in any jurisdiction to be a bingo game operator;	1277

(9) Permit the lessor of the premises on which the bingo	1278
session is conducted, if the lessor is not a charitable	1279
organization, to provide the charitable organization with bingo	1280
game operators, security personnel, concessions, bingo supplies,	1281
or any other type of service;	1282

(10) Purchase or lease bingo supplies from any person except	1283
a distributor issued a license under section 2915.081 of the	1284
Revised Code;	1285

(11)(a) Use or permit the use of electronic bingo aids except	1286
under the following circumstances:	1287

(i) For any single participant, not more than ninety bingo	1288
faces can be played using an electronic bingo aid or aids.	1289

(ii) The charitable organization shall provide a participant	1290
using an electronic bingo aid with corresponding paper bingo cards	1291
or sheets.	1292

(iii) The total price of bingo faces played with an	1293
electronic bingo aid shall be equal to the total price of the same	1294
number of bingo faces played with a paper bingo card or sheet sold	1295
at the same bingo session but without an electronic bingo aid.	1296

(iv) An electronic bingo aid cannot be part of an electronic	1297
network other than a network that includes only bingo aids and	1298
devices that are located on the premises at which the bingo is	1299
being conducted or be interactive with any device not located on	1300
the premises at which the bingo is being conducted.	1301

(v) An electronic bingo aid cannot be used to participate in	1302
bingo that is conducted at a location other than the location at	1303
which the bingo session is conducted and at which the electronic	1304
bingo aid is used.	1305

(vi) An electronic bingo aid cannot be used to provide for	1306
the input of numbers and letters announced by a bingo caller other	1307
than the bingo caller who physically calls the numbers and letters	1308
at the location at which the bingo session is conducted and at	1309
which the electronic bingo aid is used.	1310

(b) The attorney general may adopt rules in accordance with	1311
Chapter 119. of the Revised Code that govern the use of electronic	1312
bingo aids. The rules may include a requirement that an electronic	1313
bingo aid be capable of being audited by the attorney general to	1314
verify the number of bingo cards or sheets played during each	1315
bingo session.	1316

(12) Permit any person the charitable organization knows, or	1317
should have known, to be under eighteen years of age to play bingo	1318
described in division (S)(O)(1) of section 2915.01 of the Revised	1319
Code.	1320

(D)(1) Except as otherwise provided in division (D)(3) of	1321
this section, no charitable organization shall provide to a bingo	1322
game operator, and no bingo game operator shall receive or accept,	1323
any commission, wage, salary, reward, tip, donation, gratuity, or	1324
other form of compensation, directly or indirectly, regardless of	1325
the source, for conducting bingo or providing other work or labor	1326
at the site of bingo during a bingo session.	1327

(2) Except as otherwise provided in division (D)(3) of this	1328
section, no charitable organization shall provide to a bingo game	1329
operator any commission, wage, salary, reward, tip, donation,	1330
gratuity, or other form of compensation, directly or indirectly,	1331
regardless of the source, for conducting instant bingo other than	1332
at a bingo session at the site of instant bingo other than at a	1333
bingo session.	1334

(3) Nothing in division (D) of this section prohibits an	1335
employee of a fraternal organization, veteran's organization, or	1336
sporting organization from selling instant bingo tickets or cards	1337
to the organization's members or invited guests, as long as no	1338
portion of the employee's compensation is paid from any receipts	1339
of bingo.	1340

(E) Notwithstanding division (B)(1) of this section, a	1341
charitable organization that, prior to December 6, 1977, has	1342
entered into written agreements for the lease of premises it owns	1343
to another charitable organization or other charitable	1344
organizations for the conducting of bingo sessions so that more	1345
than two bingo sessions are conducted per calendar week on the	1346
premises, and a person that is not a charitable organization and	1347
that, prior to December 6, 1977, has entered into written	1348
agreements for the lease of premises it owns to charitable	1349
organizations for the conducting of more than two bingo sessions	1350
per calendar week on the premises, may continue to lease the	1351
premises to those charitable organizations, provided that no more	1352
than four sessions are conducted per calendar week, that the	1353
lessor organization or person has notified the attorney general in	1354
writing of the organizations that will conduct the sessions and	1355
the days of the week and the times of the day on which the	1356
sessions will be conducted, that the initial lease entered into	1357
with each organization that will conduct the sessions was filed	1358
with the attorney general prior to December 6, 1977, and that each	1359
organization that will conduct the sessions was issued a license	1360
to conduct bingo games by the attorney general prior to December	1361
6, 1977.	1362

(F) This section does not prohibit a bingo licensed	1363
charitable organization or a game operator from giving any person	1364
an instant bingo ticket as a prize.	1365

(G) Whoever violates division (A)(2) of this section is	1366
guilty of illegally conducting a bingo game, a felony of the	1367
fourth degree. Except as otherwise provided in this division,	1368
whoever violates division (A)(1) or (3), (B)(1), (2), or (3),	1369
(C)(1) to (12), or (D) of this section is guilty of a minor	1370
misdemeanor. If the offender previously has been convicted of a	1371
violation of division (A)(1) or (3), (B)(1), (2), or (3), (C)(1)	1372
to (11), or (D) of this section, a violation of division (A)(1) or	1373
(3), (B)(1), (2), or (3), (C), or (D) of this section is a	1374
misdemeanor of the first degree. Whoever violates division (C)(12)	1375
of this section is guilty of a misdemeanor of the first degree, if	1376
the offender previously has been convicted of a violation of	1377
division (C)(12) of this section, a felony of the fourth degree.	1378

Sec. 2915.091.  (A) No charitable organization that conducts	1379
instant bingo shall do any of the following:	1380

(1) Fail to comply with the requirements of divisions (A)(1),	1381
(2), and (3) of section 2915.09 of the Revised Code;	1382

(2) Conduct instant bingo unless either of the following	1383
applies:	1384

(a) That organization is, and has received from the internal	1385
revenue service a determination letter that is currently in effect	1386
stating that the organization is, exempt from federal income	1387
taxation under subsection 501(a), is described in subsection	1388
501(c)(3) of the Internal Revenue Code, is a charitable	1389
organization as defined in section 2915.01 of the Revised Code, is	1390
in good standing in the state pursuant to section 2915.08 of the	1391
Revised Code, and is in compliance with Chapter 1716. of the	1392
Revised Code;	1393

(b) That organization is, and has received from the internal	1394
revenue service a determination letter that is currently in effect	1395
stating that the organization is, exempt from federal income	1396
taxation under subsection 501(a), is described in subsection	1397
501(c)(7), 501(c)(8), 501(c)(10), or 501(c)(19) or is a veteran's	1398
organization described in subsection 501(c)(4) of the Internal	1399
Revenue Code, and conducts instant bingo under section 2915.13 of	1400
the Revised Code.	1401

(3) Conduct instant bingo on any day, at any time, or at any	1402
premises not specified on the organization's license issued	1403
pursuant to section 2915.08 of the Revised Code;	1404

(4) Permit any person whom the organization knows or should	1405
have known has been convicted of a felony or gambling offense in	1406
any jurisdiction to be a bingo game operator in the conduct of	1407
instant bingo;	1408

(5) Purchase or lease supplies used to conduct instant bingo	1409
or punch board games from any person except a distributor licensed	1410
under section 2915.081 of the Revised Code;	1411

(6) Sell or provide any instant bingo ticket or card for a	1412
price different from the price printed on it by the manufacturer	1413
on either the instant bingo ticket or card or on the game flare;	1414

(7) Sell an instant bingo ticket or card to a person under	1415
eighteen years of age;	1416

(8) Fail to keep unsold instant bingo tickets or cards for	1417
less than three years;	1418

(9) Pay any compensation to a bingo game operator for	1419
conducting instant bingo that is conducted by the organization or	1420
for preparing, selling, or serving food or beverages at the site	1421
of the instant bingo game, permit any auxiliary unit or society of	1422
the organization to pay compensation to any bingo game operator	1423
who prepares, sells, or serves food or beverages at an instant	1424
bingo game conducted by the organization, or permit any auxiliary	1425
unit or society of the organization to prepare, sell, or serve	1426
food or beverages at an instant bingo game conducted by the	1427
organization, if the auxiliary unit or society pays any	1428
compensation to the bingo game operators who prepare, sell, or	1429
serve the food or beverages;	1430

(10) Pay fees to any person for any services performed in	1431
relation to an instant bingo game, except as provided in division	1432
(D) of section 2915.093 of the Revised Code;	1433

(11) Pay fees to any person who provides refreshments to the	1434
participants in an instant bingo game;	1435

(12)(a) Allow instant bingo tickets or cards to be sold to	1436
bingo game operators at a premises at which the organization sells	1437
instant bingo tickets or cards or to be sold to employees of a D	1438
permit holder who are working at a premises at which instant bingo	1439
tickets or cards are sold;	1440

(b) Division (A)(12)(a) of this section does not prohibit a	1441
licensed charitable organization or a bingo game operator from	1442
giving any person an instant bingo ticket as a prize in place of a	1443
cash prize won by a participant in an instant bingo game. In no	1444
case shall an instant bingo ticket or card be sold or provided for	1445
a price different from the price printed on it by the manufacturer	1446
on either the instant bingo ticket or card or on the game flare.	1447

(13) Fail to display its bingo license, and the serial	1448
numbers of the deal of instant bingo tickets or cards to be sold,	1449
conspicuously at each premises at which it sells instant bingo	1450
tickets or cards;	1451

(14) Possess a deal of instant bingo tickets or cards that	1452
was not purchased from a distributor licensed under section	1453
2915.081 of the Revised Code as reflected on an invoice issued by	1454
the distributor that contains all of the information required by	1455
division (E) of section 2915.10 of the Revised Code;	1456

(15) Fail, once it opens a deal of instant bingo tickets or	1457
cards, to continue to sell the tickets or cards in that deal until	1458
the tickets or cards with the top two highest tiers of prizes in	1459
that deal are sold;	1460

(16) Possess bingo supplies that were not obtained in	1461
accordance with sections 2915.01 to 2915.13 of the Revised Code.	1462

(B)(1) A charitable organization may conduct instant bingo	1463
other than at a bingo session at not more than five separate	1464
locations. A charitable organization that is exempt from federal	1465
taxation under subsection 501(a) and described in subsection	1466
501(c)(3) of the Internal Revenue Code and that is created by a	1467
veteran's organization or a fraternal organization is not limited	1468
in the number of separate locations the charitable organization	1469
may conduct instant bingo other than at a bingo session.	1470

(2) A charitable organization may purchase, lease, or use	1471
instant bingo ticket dispensers to sell instant bingo tickets or	1472
cards.	1473

(C) The attorney general may adopt rules in accordance with	1474
Chapter 119. of the Revised Code that govern the conduct of	1475
instant bingo by charitable organizations. Before those rules are	1476
adopted, the attorney general shall reference the recommended	1477
standards for opacity, randomization, minimum information, winner	1478
protection, color, and cutting for instant bingo tickets or cards,	1479
seal cards, and punch boards established by the North American	1480
gaming regulators association.	1481

(D) Whoever violates division (A) of this section or a rule	1482
adopted under division (C) of this section is guilty of illegal	1483
instant bingo conduct. Except as otherwise provided in this	1484
division, illegal instant bingo conduct is a misdemeanor of the	1485
first degree. If the offender previously has been convicted of a	1486
violation of division (A) of this section or of such a rule,	1487
illegal instant bingo conduct is a felony of the fifth degree.	1488

Sec. 2915.092.  (A)(1) Subject to division (A)(2) of this	1489
section, a charitable organization, a public school, a chartered	1490
nonpublic school, a community school, or a veteran's organization,	1491
fraternal organization, or sporting organization that is exempt	1492
from federal income taxation under subsection 501(a) and is	1493
described in subsection 501(c)(3), 501(c)(4), 501(c)(7),	1494
501(c)(8), 501(c)(10), or 501(c)(19) of the Internal Revenue Code	1495
may conduct a raffle to raise money for the organization or school	1496
and does not need a license to conduct bingo in order to conduct a	1497
raffle drawing that is not for profit.	1498

(2) If a charitable organization that is described in	1499
division (A)(1) of this section, but that is not also described in	1500
subsection 501(c)(3) of the Internal Revenue Code, conducts a	1501
raffle, the charitable organization shall distribute at least	1502
fifty per cent of the net profit from the raffle to a charitable	1503
purpose described in division (Z)(V) of section 2915.01 of the	1504
Revised Code or to a department or agency of the federal	1505
government, the state, or any political subdivision.	1506

(B) Except as provided in division (A) or (B) of this	1507
section, no person shall conduct a raffle drawing that is for	1508
profit or a raffle drawing that is not for profit.	1509

(C) Whoever violates division (B) of this section is guilty	1510
of illegal conduct of a raffle. Except as otherwise provided in	1511
this division, illegal conduct of a raffle is a misdemeanor of the	1512
first degree. If the offender previously has been convicted of a	1513
violation of division (B) of this section, illegal conduct of a	1514
raffle is a felony of the fifth degree.	1515

Sec. 2915.093. (A) As used in this section, "retail income	1516
from all commercial activity" means the income that a person	1517
receives from the provision of goods, services, or activities that	1518
are provided at the location where instant bingo other than at a	1519
bingo session is conducted, including the sale of instant bingo	1520
tickets. A religious organization that is exempt from federal	1521
income taxation under subsection 501(a) and described in	1522
subsection 501(c)(3) of the Internal Revenue Code, at not more	1523
than one location at which it conducts its charitable programs,	1524
may include donations from its members and guests as retail	1525
income.	1526

(B) A charitable instant bingo organization may conduct	1527
instant bingo other than at a bingo session at not more than five	1528
separate locations.	1529

(C)(1) If a charitable instant bingo organization conducts	1530
instant bingo other than at a bingo session, the charitable	1531
instant bingo organization shall enter into a written contract	1532
with the owner or lessor of the location at which the instant	1533
bingo is conducted to allow the owner or lessor to assist in the	1534
conduct of instant bingo other than at a bingo session, identify	1535
each location where the instant bingo other than at a bingo	1536
session is being conducted, and identify the owner or lessor of	1537
each location.	1538

(2) A charitable instant bingo organization that conducts	1539
instant bingo other than at a bingo session is not required to	1540
enter into a written contract with the owner or lessor of the	1541
location at which the instant bingo is conducted, provided that	1542
the owner or lessor is not assisting in the conduct of the instant	1543
bingo other than at a bingo session and provided that the conduct	1544
of the instant bingo other than at a bingo session at that	1545
location is not more than five days per calendar year and not more	1546
than ten hours per day.	1547

(D)(C) Except as provided in division (G)(F) of this section,	1548
no charitable instant bingo organization shall conduct instant	1549
bingo other than at a bingo session at a location where the	1550
primary source of retail income from all commercial activity at	1551
that location is the sale of instant bingo tickets.	1552

(E)(D) The owner or lessor of a location that enters into a	1553
contract pursuant to division (C)(B) of this section shall pay the	1554
full gross profit, minus the expenses incurred by the owner or	1555
lessor of a location that can be attributed to conducting instant	1556
bingo at that location, to the charitable instant bingo	1557
organization, in return for the deal of instant bingo tickets. The	1558
owner or lessor may retain the money that the owner or lessor	1559
receives for selling the instant bingo tickets, provided, however,	1560
that after the deal has been sold, the owner or lessor shall pay	1561
to the charitable instant bingo organization the value of any	1562
unredeemed instant bingo prizes remaining in the deal of instant	1563
bingo tickets.	1564

As used in this division, "full gross profit" means the	1565
amount by which the total receipts of all instant bingo tickets,	1566
if the deal had been sold in full, exceeds the amount that would	1567
be paid out if all prizes were redeemed.	1568

As used in this division, "expenses" means reasonable amounts	1569
actually expended, and accounted for on a monthly basis, in total	1570
not to exceed twenty per cent of the full gross profit of the	1571
deal, for all of the following:	1572

(1) Audits and accounting services;

1573

(2) Safes;

1574

(3) Cash registers;

1575

(4) Advertising instant bingo;

1576

(5) Tables and chairs;

1577

(6) Wages for employees of the owner or lessor that are	1578
attributable to managing or assisting with the conduct of instant	1579
bingo;	1580

(7) Expenses that can be attributed to maintaining the owner	1581
or lessor's premises at which instant bingo is conducted,	1582
including rent or other costs of facility ownership, property or	1583
casualty insurance premiums, and utility costs.	1584

The deduction of expenses under this section shall not make	1585
any owner or lessor a professional solicitor as defined in	1586
division (J) of section 1716.01 of the Revised Code.	1587

(F)(E) A charitable instant bingo organization shall provide	1588
the attorney general with all of the following information:	1589

(1) That the charitable instant bingo organization has	1590
terminated a contract entered into pursuant to division (C)(B) of	1591
this section with an owner or lessor of a location;	1592

(2) That the charitable instant bingo organization has	1593
entered into a written contract pursuant to division (C)(B) of	1594
this section with a new owner or lessor of a location;	1595

(3) That the charitable instant bingo organization is aware	1596
of conduct by the owner or lessor of a location at which instant	1597
bingo is conducted that is in violation of this chapter.	1598

(G)(F) Division (D)(C) of this section does not apply to a	1599
volunteer firefighter's organization that is exempt from federal	1600
income taxation under subsection 501(a) and described in	1601
subsection 501(c)(3) of the Internal Revenue Code, that conducts	1602
instant bingo other than at a bingo session on the premises where	1603
the organization conducts firefighter training, that has conducted	1604
instant bingo continuously for at least five years prior to July	1605
1, 2003, and that, during each of those five years, had gross	1606
receipts of at least one million five hundred thousand dollars.	1607

Sec. 2915.094. (A) No owner or lessor of a location shall	1608
assist a charitable instant bingo organization in the conduct of	1609
instant bingo other than at a bingo session at that location	1610
unless the owner or lessor has entered into a written contract, as	1611
described in division (C) of section 2915.093 of the Revised Code,	1612
with the charitable instant bingo organization to assist in the	1613
conduct of instant bingo other than at a bingo session.	1614

(B) The location of the lessor or owner shall be designated	1615
as a location where the charitable instant bingo organization	1616
conducts instant bingo other than at a bingo session.	1617

(C) No owner or lessor of a location that enters into a	1618
written contract as prescribed in division (A) of this section	1619
shall violate any provision of Chapter 2915. of the Revised Code,	1620
or permit, aid, or abet any other person in violating any	1621
provision of Chapter 2915. of the Revised Code.	1622

(D) No owner or lessor of a location that enters into a	1623
written contract as prescribed in division (A) of this section	1624
shall violate the terms of the contract.	1625

(E)(1) Whoever violates division (C) or (D) of this section	1626
is guilty of illegal instant bingo conduct. Except as otherwise	1627
provided in this division, illegal instant bingo conduct is a	1628
misdemeanor of the first degree. If the offender previously has	1629
been convicted of a violation of division (C) or (D) of this	1630
section, illegal instant bingo conduct is a felony of the fifth	1631
degree.	1632

(2) If an owner or lessor of a location knowingly,	1633
intentionally, or recklessly violates division (C) or (D) of this	1634
section, any license that the owner or lessor holds for the retail	1635
sale of any goods on the owner's or lessor's premises that is	1636
issued by the state or a political subdivision is subject to	1637
suspension, revocation, or payment of a monetary penalty at the	1638
request of the attorney general.	1639

Sec. 2915.10.  (A) No charitable organization that conducts	1640
bingo or a game of chance pursuant to division (D) of section	1641
2915.02 of the Revised Code shall fail to maintain the following	1642
records for at least three years from the date on which the bingo	1643
or game of chance is conducted:	1644

(1) An itemized list of the gross receipts of each bingo	1645
session, each game of instant bingo by serial number, each raffle,	1646
each punch board game, and each game of chance, and an itemized	1647
list of the gross profits of each game of instant bingo by serial	1648
number;	1649

(2) An itemized list of all expenses, other than prizes, that	1650
are incurred in conducting bingo or instant bingo, the name of	1651
each person to whom the expenses are paid, and a receipt for all	1652
of the expenses;	1653

(3) A list of all prizes awarded during each bingo session,	1654
each raffle, each punch board game, and each game of chance	1655
conducted by the charitable organization, the total prizes awarded	1656
from each game of instant bingo by serial number, and the name,	1657
address, and social security number of all persons who are winners	1658
of prizes of six hundred dollars or more in value;	1659

(4) An itemized list of the recipients of the net profit of	1660
the bingo or game of chance, including the name and address of	1661
each recipient to whom the money is distributed, and if the	1662
organization uses the net profit of bingo, or the money or assets	1663
received from a game of chance, for any charitable or other	1664
purpose set forth in division (Z)(V) of section 2915.01, division	1665
(D) of section 2915.02, or section 2915.101 of the Revised Code, a	1666
list of each purpose and an itemized list of each expenditure for	1667
each purpose;	1668

(5) The number of persons who participate in any bingo	1669
session or game of chance that is conducted by the charitable	1670
organization;	1671

(6) A list of receipts from the sale of food and beverages by	1672
the charitable organization or one of its auxiliary units or	1673
societies, if the receipts were excluded from gross receipts under	1674
division (X)(T) of section 2915.01 of the Revised Code;	1675

(7) An itemized list of all expenses incurred at each bingo	1676
session, each raffle, each punch board game, or each game of	1677
instant bingo conducted by the charitable organization in the sale	1678
of food and beverages by the charitable organization or by an	1679
auxiliary unit or society of the charitable organization, the name	1680
of each person to whom the expenses are paid, and a receipt for	1681
all of the expenses.	1682

(B) A charitable organization shall keep the records that it	1683
is required to maintain pursuant to division (A) of this section	1684
at its principal place of business in this state or at its	1685
headquarters in this state and shall notify the attorney general	1686
of the location at which those records are kept.	1687

(C) The gross profit from each bingo session or game	1688
described in division (S)(O)(1) or (2) of section 2915.01 of the	1689
Revised Code shall be deposited into a checking account devoted	1690
exclusively to the bingo session or game. Payments for allowable	1691
expenses incurred in conducting the bingo session or game and	1692
payments to recipients of some or all of the net profit of the	1693
bingo session or game shall be made only by checks drawn on the	1694
bingo session or game account.	1695

(D) Each charitable organization shall conduct and record an	1696
inventory of all of its bingo supplies as of the first day of	1697
November of each year.	1698

(E) The attorney general may adopt rules in accordance with	1699
Chapter 119. of the Revised Code that establish standards of	1700
accounting, record keeping, and reporting to ensure that gross	1701
receipts from bingo or games of chance are properly accounted for.	1702

(F) A distributor shall maintain, for a period of three years	1703
after the date of its sale or other provision, a record of each	1704
instance of its selling or otherwise providing to another person	1705
bingo supplies for use in this state. The record shall include all	1706
of the following for each instance:	1707

(1) The name of the manufacturer from which the distributor	1708
purchased the bingo supplies and the date of the purchase;	1709

(2) The name and address of the charitable organization or	1710
other distributor to which the bingo supplies were sold or	1711
otherwise provided;	1712

(3) A description that clearly identifies the bingo supplies;

1713

(4) Invoices that include the nonrepeating serial numbers of	1714
all paper bingo cards and sheets and all instant bingo deals sold	1715
or otherwise provided to each charitable organization.	1716

(G) A manufacturer shall maintain, for a period of three	1717
years after the date of its sale or other provision, a record of	1718
each instance of its selling or otherwise providing bingo supplies	1719
for use in this state. The record shall include all of the	1720
following for each instance:	1721

(1) The name and address of the distributor to whom the bingo	1722
supplies were sold or otherwise provided;	1723

(2) A description that clearly identifies the bingo supplies,	1724
including serial numbers;	1725

(3) Invoices that include the nonrepeating serial numbers of	1726
all paper bingo cards and sheets and all instant bingo deals sold	1727
or otherwise provided to each distributor.	1728

(H) The attorney general or any law enforcement agency may do	1729
all of the following:	1730

(1) Investigate any charitable organization or any officer,	1731
agent, trustee, member, or employee of the organization;	1732

(2) Examine the accounts and records of the organization;

1733

(3) Conduct inspections, audits, and observations of bingo or	1734
games of chance;	1735

(4) Conduct inspections of the premises where bingo or games	1736
of chance are conducted;	1737

(5) Take any other necessary and reasonable action to	1738
determine if a violation of any provision of sections 2915.01 to	1739
2915.13 of the Revised Code has occurred and to determine whether	1740
section 2915.11 of the Revised Code has been complied with.	1741

If any law enforcement agency has reasonable grounds to	1742
believe that a charitable organization or an officer, agent,	1743
trustee, member, or employee of the organization has violated any	1744
provision of this chapter, the law enforcement agency may proceed	1745
by action in the proper court to enforce this chapter, provided	1746
that the law enforcement agency shall give written notice to the	1747
attorney general when commencing an action as described in this	1748
division.	1749

(I) No person shall destroy, alter, conceal, withhold, or	1750
deny access to any accounts or records of a charitable	1751
organization that have been requested for examination, or	1752
obstruct, impede, or interfere with any inspection, audit, or	1753
observation of bingo or a game of chance or premises where bingo	1754
or a game of chance is conducted, or refuse to comply with any	1755
reasonable request of, or obstruct, impede, or interfere with any	1756
other reasonable action undertaken by, the attorney general or a	1757
law enforcement agency pursuant to division (H) of this section.	1758

(J) Whoever violates division (A) or (I) of this section is	1759
guilty of a misdemeanor of the first degree.	1760

Sec. 2915.101. Except as otherwise provided by law, a	1761
charitable organization that conducts instant bingo shall	1762
distribute the net profit from the proceeds of the sale of instant	1763
bingo as follows:	1764

(A)(1) If a veteran's organization, a fraternal organization,	1765
or a sporting organization conducted the instant bingo, the	1766
organization shall distribute the net profit from the proceeds of	1767
the sale of instant bingo, as follows:	1768

(a) For the first two hundred fifty thousand dollars, or a	1769
greater amount prescribed by the attorney general to adjust for	1770
changes in prices as measured by the consumer price index as	1771
defined in section 325.18 of the Revised Code and other factors	1772
affecting the organization's expenses, as defined in division	1773
(LL)(GG) of section 2915.01 of the Revised Code, or less of net	1774
profit from the proceeds of the sale of instant bingo generated in	1775
a calendar year:	1776

(i) At least twenty-five per cent shall be distributed to an	1777
organization described in division (Z)(V)(1) of section 2915.01 of	1778
the Revised Code or to a department or agency of the federal	1779
government, the state, or any political subdivision.	1780

(ii) Not more than seventy-five per cent may be deducted and	1781
retained by the organization for reimbursement of or for the	1782
organization's expenses, as defined in division (LL)(GG) of	1783
section 2915.01 of the Revised Code, in conducting the instant	1784
bingo game.	1785

(b) For any net profit from the proceeds of the sale of	1786
instant bingo of more than two hundred fifty thousand dollars or	1787
an adjusted amount generated in a calendar year:	1788

(i) A minimum of fifty per cent shall be distributed to an	1789
organization described in division (Z)(V)(1) of section 2915.01 of	1790
the Revised Code or to a department or agency of the federal	1791
government, the state, or any political subdivision.	1792

(ii) Five per cent may be distributed for the organization's	1793
own charitable purposes or to a community action agency.	1794

(iii) Forty-five per cent may be deducted and retained by the	1795
organization for reimbursement of or for the organization's	1796
expenses, as defined in division (LL)(GG) of section 2915.01 of	1797
the Revised Code, in conducting the instant bingo game.	1798

(2) If a veteran's organization, a fraternal organization, or	1799
a sporting organization does not distribute the full percentages	1800
specified in divisions (A)(1)(a) and (b) of this section for the	1801
purposes specified in those divisions, the organization shall	1802
distribute the balance of the net profit from the proceeds of the	1803
sale of instant bingo not distributed or retained for those	1804
purposes to an organization described in division (Z)(V)(1) of	1805
section 2915.01 of the Revised Code.	1806

(B) If a charitable organization other than a veteran's	1807
organization, a fraternal organization, or a sporting organization	1808
conducted the instant bingo, the organization shall distribute one	1809
hundred per cent of the net profit from the proceeds of the sale	1810
of instant bingo to an organization described in division	1811
(Z)(V)(1) of section 2915.01 of the Revised Code or to a	1812
department or agency of the federal government, the state, or any	1813
political subdivision.	1814

(C) Nothing in this section prohibits a veteran's	1815
organization, a fraternal organization, or a sporting organization	1816
from distributing any net profit from the proceeds of the sale of	1817
instant bingo to an organization that is described in subsection	1818
501(c)(3) of the Internal Revenue Code when the organization that	1819
is described in subsection 501(c)(3) of the Internal Revenue Code	1820
is one that makes donations to other organizations and permits	1821
donors to advise or direct such donations so long as the donations	1822
comply with requirements established in or pursuant to subsection	1823
501(c)(3) of the Internal Revenue Code.	1824

Sec. 2915.12. (A) Sections 2915.07 to 2915.11 of the Revised	1825
Code do not apply to bingo games that are conducted for the	1826
purpose of amusement only. A bingo game is conducted for the	1827
purpose of amusement only if it complies with all of the	1828
requirements specified in either division (A)(1) or (2) of this	1829
section:	1830

(1)(a) The participants do not pay any money or any other	1831
thing of value including an admission fee, or any fee for bingo	1832
cards or sheets, objects to cover the spaces, or other devices	1833
used in playing bingo, for the privilege of participating in the	1834
bingo game, or to defray any costs of the game, or pay tips or	1835
make donations during or immediately before or after the bingo	1836
game.	1837

(b) All prizes awarded during the course of the game are	1838
nonmonetary, and in the form of merchandise, goods, or	1839
entitlements to goods or services only, and the total value of all	1840
prizes awarded during the game is less than one hundred dollars.	1841

(c) No commission, wages, salary, reward, tip, donation,	1842
gratuity, or other form of compensation, either directly or	1843
indirectly, and regardless of the source, is paid to any bingo	1844
game operator for work or labor performed at the site of the bingo	1845
game.	1846

(d) The bingo game is not conducted either during or within	1847
ten hours of any of the following:	1848

(i) A bingo session during which a charitable bingo game is	1849
conducted pursuant to sections 2915.07 to 2915.11 of the Revised	1850
Code;	1851

(ii) A scheme or game of chance, or bingo described in	1852
division (S)(O)(2) of section 2915.01 of the Revised Code.	1853

(e) The number of players participating in the bingo game	1854
does not exceed fifty.	1855

(2)(a) The participants do not pay money or any other thing	1856
of value as an admission fee, and no participant is charged more	1857
than twenty-five cents to purchase a bingo card or sheet, objects	1858
to cover the spaces, or other devices used in playing bingo.	1859

(b) The total amount of money paid by all of the participants	1860
for bingo cards or sheets, objects to cover the spaces, or other	1861
devices used in playing bingo does not exceed one hundred dollars.	1862

(c) All of the money paid for bingo cards or sheets, objects	1863
to cover spaces, or other devices used in playing bingo is used	1864
only to pay winners monetary and nonmonetary prizes and to provide	1865
refreshments.	1866

(d) The total value of all prizes awarded during the game	1867
does not exceed one hundred dollars.	1868

(e) No commission, wages, salary, reward, tip, donation,	1869
gratuity, or other form of compensation, either directly or	1870
indirectly, and regardless of the source, is paid to any bingo	1871
game operator for work or labor performed at the site of the bingo	1872
game.	1873

(f) The bingo game is not conducted during or within ten	1874
hours of either of the following:	1875

(i) A bingo session during which a charitable bingo game is	1876
conducted pursuant to sections 2915.07 to 2915.11 of the Revised	1877
Code;	1878

(ii) A scheme of chance or game of chance, or bingo described	1879
in division (S)(O)(2) of section 2915.01 of the Revised Code.	1880

(g) All of the participants reside at the premises where the	1881
bingo game is conducted.	1882

(h) The bingo games are conducted on different days of the	1883
week and not more than twice in a calendar week.	1884

(B) The attorney general or any local law enforcement agency	1885
may investigate the conduct of a bingo game that purportedly is	1886
conducted for purposes of amusement only if there is reason to	1887
believe that the purported amusement bingo game does not comply	1888
with the requirements of either division (A)(1) or (2) of this	1889
section. A local law enforcement agency may proceed by action in	1890
the proper court to enforce this section if the local law	1891
enforcement agency gives written notice to the attorney general	1892
when commencing the action.	1893

Sec. 2915.18.  (A) The owner of a permitted location may	1894
establish a charity card room on the premises of the permitted	1895
location. The owner shall provide necessary game tables, chairs,	1896
surveillance, and other equipment in the charity card room.	1897

(B) A charitable organization may conduct games of chance in	1898
a charity card room for up to one hundred twenty-eight hours	1899
annually. Such hours need not be on consecutive days. More than	1900
one charitable organization may conduct games of chance in a	1901
charity card room simultaneously.	1902

(C)(1) The charitable organization shall pay rent to the	1903
owner of a permitted location in the amount of fifteen per cent of	1904
the revenue made from conducting the games of chance in the	1905
charity card room.	1906

(2) A charitable organization shall pay expenses for	1907
conducting games of chance in a charity card room, including	1908
expenses for the following: dealers, payroll administration,	1909
security, accounting, auditing, shuffle machine rental, insurance,	1910
marketing, advertising, utilities, cleanup, maintenance, and	1911
repair. A charitable organization may pay these expenses from its	1912
share of the revenue made from conducting games of chance in the	1913
charity card room.	1914

(3) Charitable organizations may pool revenue and expenses	1915
when applicable in a charity card room.	1916

(4) One hundred per cent of the net revenue in a charity card	1917
room remaining after payment of expenses and rent shall be paid to	1918
each charitable organization on a pro rata basis, based on	1919
volunteer hours of each charitable organization.	1920

(D) Notwithstanding division (D) of section 2915.02 of the	1921
Revised Code, a charitable organization may compensate dealers,	1922
dealer supervisors, human resource personnel, and other related	1923
personnel for operating games of chance in a charity card room.	1924
Dealers also may accept tips from games of chance players.	1925

(E) For the purposes of division (D)(1)(c) of section 2915.02	1926
of the Revised Code, a charitable organization may conduct games	1927
of chance at a permitted location and conducting those games of	1928
chance in a charity card room is considered a festival if the	1929
charitable organization provides a display booth about the	1930
charitable organization in the charity card room at all times when	1931
it is conducting games of chance.	1932

Sec. 2923.31.  As used in sections 2923.31 to 2923.36 of the	1933
Revised Code:	1934

(A) "Beneficial interest" means any of the following:

1935

(1) The interest of a person as a beneficiary under a trust	1936
in which the trustee holds title to personal or real property;	1937

(2) The interest of a person as a beneficiary under any other	1938
trust arrangement under which any other person holds title to	1939
personal or real property for the benefit of such person;	1940

(3) The interest of a person under any other form of express	1941
fiduciary arrangement under which any other person holds title to	1942
personal or real property for the benefit of such person.	1943

"Beneficial interest" does not include the interest of a	1944
stockholder in a corporation or the interest of a partner in	1945
either a general or limited partnership.	1946

(B) "Costs of investigation and prosecution" and "costs of	1947
investigation and litigation" mean all of the costs incurred by	1948
the state or a county or municipal corporation under sections	1949
2923.31 to 2923.36 of the Revised Code in the prosecution and	1950
investigation of any criminal action or in the litigation and	1951
investigation of any civil action, and includes, but is not	1952
limited to, the costs of resources and personnel.	1953

(C) "Enterprise" includes any individual, sole	1954
proprietorship, partnership, limited partnership, corporation,	1955
trust, union, government agency, or other legal entity, or any	1956
organization, association, or group of persons associated in fact	1957
although not a legal entity. "Enterprise" includes illicit as well	1958
as licit enterprises.	1959

(D) "Innocent person" includes any bona fide purchaser of	1960
property that is allegedly involved in a violation of section	1961
2923.32 of the Revised Code, including any person who establishes	1962
a valid claim to or interest in the property in accordance with	1963
division (E) of section 2981.04 of the Revised Code, and any	1964
victim of an alleged violation of that section or of any	1965
underlying offense involved in an alleged violation of that	1966
section.	1967

(E) "Pattern of corrupt activity" means two or more incidents	1968
of corrupt activity, whether or not there has been a prior	1969
conviction, that are related to the affairs of the same	1970
enterprise, are not isolated, and are not so closely related to	1971
each other and connected in time and place that they constitute a	1972
single event.	1973

At least one of the incidents forming the pattern shall occur	1974
on or after January 1, 1986. Unless any incident was an aggravated	1975
murder or murder, the last of the incidents forming the pattern	1976
shall occur within six years after the commission of any prior	1977
incident forming the pattern, excluding any period of imprisonment	1978
served by any person engaging in the corrupt activity.	1979

For the purposes of the criminal penalties that may be	1980
imposed pursuant to section 2923.32 of the Revised Code, at least	1981
one of the incidents forming the pattern shall constitute a felony	1982
under the laws of this state in existence at the time it was	1983
committed or, if committed in violation of the laws of the United	1984
States or of any other state, shall constitute a felony under the	1985
law of the United States or the other state and would be a	1986
criminal offense under the law of this state if committed in this	1987
state.	1988

(F) "Pecuniary value" means money, a negotiable instrument, a	1989
commercial interest, or anything of value, as defined in section	1990
1.03 of the Revised Code, or any other property or service that	1991
has a value in excess of one hundred dollars.	1992

(G) "Person" means any person, as defined in section 1.59 of	1993
the Revised Code, and any governmental officer, employee, or	1994
entity.	1995

(H) "Personal property" means any personal property, any	1996
interest in personal property, or any right, including, but not	1997
limited to, bank accounts, debts, corporate stocks, patents, or	1998
copyrights. Personal property and any beneficial interest in	1999
personal property are deemed to be located where the trustee of	2000
the property, the personal property, or the instrument evidencing	2001
the right is located.	2002

(I) "Corrupt activity" means engaging in, attempting to	2003
engage in, conspiring to engage in, or soliciting, coercing, or	2004
intimidating another person to engage in any of the following:	2005

(1) Conduct defined as "racketeering activity" under the	2006
"Organized Crime Control Act of 1970," 84 Stat. 941, 18 U.S.C.	2007
1961(1)(B), (1)(C), (1)(D), and (1)(E), as amended;	2008

(2) Conduct constituting any of the following:

2009

(a) A violation of section 1315.55, 1322.02, 2903.01,	2010
2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2905.01, 2905.02,	2011
2905.11, 2905.22, 2907.321, 2907.322, 2907.323, 2909.02, 2909.03,	2012
2909.22, 2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.29,	2013
2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2911.31, 2913.05,	2014
2913.06, 2921.02, 2921.03, 2921.04, 2921.11, 2921.12, 2921.32,	2015
2921.41, 2921.42, 2921.43, 2923.12, or 2923.17; division	2016
(F)(1)(a), (b), or (c) of section 1315.53; division (A)(1) or (2)	2017
of section 1707.042; division (B), (C)(4), (D), (E), or (F) of	2018
section 1707.44; division (A)(1) or (2) of section 2923.20;	2019
division (E) or (G) of section 3772.99; division (J)(1) of section	2020
4712.02; section 4719.02, 4719.05, or 4719.06; division (C), (D),	2021
or (E) of section 4719.07; section 4719.08; or division (A) of	2022
section 4719.09 of the Revised Code.	2023

(b) Any violation of section 3769.11, 3769.15, 3769.16, or	2024
3769.19 of the Revised Code as it existed prior to July 1, 1996,	2025
any violation of section 2915.02 of the Revised Code that occurs	2026
on or after July 1, 1996, and that, had it occurred prior to that	2027
date, would have been a violation of section 3769.11 of the	2028
Revised Code as it existed prior to that date, or any violation of	2029
section 2915.05 of the Revised Code that occurs on or after July	2030
1, 1996, and that, had it occurred prior to that date, would have	2031
been a violation of section 3769.15, 3769.16, or 3769.19 of the	2032
Revised Code as it existed prior to that date.	2033

(c) Any violation of section 2907.21, 2907.22, 2907.31,	2034
2913.02, 2913.11, 2913.21, 2913.31, 2913.32, 2913.34, 2913.42,	2035
2913.47, 2913.51, 2915.03, 2925.03, 2925.04, 2925.05, or 2925.37	2036
of the Revised Code, any violation of section 2925.11 of the	2037
Revised Code that is a felony of the first, second, third, or	2038
fourth degree and that occurs on or after July 1, 1996, any	2039
violation of section 2915.02 of the Revised Code that occurred	2040
prior to July 1, 1996, any violation of section 2915.02 of the	2041
Revised Code that occurs on or after July 1, 1996, and that, had	2042
it occurred prior to that date, would not have been a violation of	2043
section 3769.11 of the Revised Code as it existed prior to that	2044
date, any violation of section 2915.06 of the Revised Code as it	2045
existed prior to July 1, 1996, or any violation of division (B) of	2046
section 2915.05 of the Revised Code as it exists on and after July	2047
1, 1996, when the proceeds of the violation, the payments made in	2048
the violation, the amount of a claim for payment or for any other	2049
benefit that is false or deceptive and that is involved in the	2050
violation, or the value of the contraband or other property	2051
illegally possessed, sold, or purchased in the violation exceeds	2052
one thousand dollars, or any combination of violations described	2053
in division (I)(2)(c) of this section when the total proceeds of	2054
the combination of violations, payments made in the combination of	2055
violations, amount of the claims for payment or for other benefits	2056
that is false or deceptive and that is involved in the combination	2057
of violations, or value of the contraband or other property	2058
illegally possessed, sold, or purchased in the combination of	2059
violations exceeds one thousand dollars;	2060

(d) Any violation of section 5743.112 of the Revised Code	2061
when the amount of unpaid tax exceeds one hundred dollars;	2062

(e) Any violation or combination of violations of section	2063
2907.32 of the Revised Code involving any material or performance	2064
containing a display of bestiality or of sexual conduct, as	2065
defined in section 2907.01 of the Revised Code, that is explicit	2066
and depicted with clearly visible penetration of the genitals or	2067
clearly visible penetration by the penis of any orifice when the	2068
total proceeds of the violation or combination of violations, the	2069
payments made in the violation or combination of violations, or	2070
the value of the contraband or other property illegally possessed,	2071
sold, or purchased in the violation or combination of violations	2072
exceeds one thousand dollars;	2073

(f) Any combination of violations described in division	2074
(I)(2)(c) of this section and violations of section 2907.32 of the	2075
Revised Code involving any material or performance containing a	2076
display of bestiality or of sexual conduct, as defined in section	2077
2907.01 of the Revised Code, that is explicit and depicted with	2078
clearly visible penetration of the genitals or clearly visible	2079
penetration by the penis of any orifice when the total proceeds of	2080
the combination of violations, payments made in the combination of	2081
violations, amount of the claims for payment or for other benefits	2082
that is false or deceptive and that is involved in the combination	2083
of violations, or value of the contraband or other property	2084
illegally possessed, sold, or purchased in the combination of	2085
violations exceeds one thousand dollars;	2086

(g) Any violation of section 2905.32 of the Revised Code to	2087
the extent the violation is not based solely on the same conduct	2088
that constitutes corrupt activity pursuant to division (I)(2)(c)	2089
of this section due to the conduct being in violation of section	2090
2907.21 of the Revised Code.	2091

(3) Conduct constituting a violation of any law of any state	2092
other than this state that is substantially similar to the conduct	2093
described in division (I)(2) of this section, provided the	2094
defendant was convicted of the conduct in a criminal proceeding in	2095
the other state;	2096

(4) Animal or ecological terrorism;

2097

(5)(a) Conduct constituting any of the following:

2098

(i) Organized retail theft;

2099

(ii) Conduct that constitutes one or more violations of any	2100
law of any state other than this state, that is substantially	2101
similar to organized retail theft, and that if committed in this	2102
state would be organized retail theft, if the defendant was	2103
convicted of or pleaded guilty to the conduct in a criminal	2104
proceeding in the other state.	2105

(b) By enacting division (I)(5)(a) of this section, it is the	2106
intent of the general assembly to add organized retail theft and	2107
the conduct described in division (I)(5)(a)(ii) of this section as	2108
conduct constituting corrupt activity. The enactment of division	2109
(I)(5)(a) of this section and the addition by division (I)(5)(a)	2110
of this section of organized retail theft and the conduct	2111
described in division (I)(5)(a)(ii) of this section as conduct	2112
constituting corrupt activity does not limit or preclude, and	2113
shall not be construed as limiting or precluding, any prosecution	2114
for a violation of section 2923.32 of the Revised Code that is	2115
based on one or more violations of section 2913.02 or 2913.51 of	2116
the Revised Code, one or more similar offenses under the laws of	2117
this state or any other state, or any combination of any of those	2118
violations or similar offenses, even though the conduct	2119
constituting the basis for those violations or offenses could be	2120
construed as also constituting organized retail theft or conduct	2121
of the type described in division (I)(5)(a)(ii) of this section.	2122

(J) "Real property" means any real property or any interest	2123
in real property, including, but not limited to, any lease of, or	2124
mortgage upon, real property. Real property and any beneficial	2125
interest in it is deemed to be located where the real property is	2126
located.	2127

(K) "Trustee" means any of the following:

2128

(1) Any person acting as trustee under a trust in which the	2129
trustee holds title to personal or real property;	2130

(2) Any person who holds title to personal or real property	2131
for which any other person has a beneficial interest;	2132

(3) Any successor trustee.

2133

"Trustee" does not include an assignee or trustee for an	2134
insolvent debtor or an executor, administrator, administrator with	2135
the will annexed, testamentary trustee, guardian, or committee,	2136
appointed by, under the control of, or accountable to a court.	2137

(L) "Unlawful debt" means any money or other thing of value	2138
constituting principal or interest of a debt that is legally	2139
unenforceable in this state in whole or in part because the debt	2140
was incurred or contracted in violation of any federal or state	2141
law relating to the business of gambling activity or relating to	2142
the business of lending money at an usurious rate unless the	2143
creditor proves, by a preponderance of the evidence, that the	2144
usurious rate was not intentionally set and that it resulted from	2145
a good faith error by the creditor, notwithstanding the	2146
maintenance of procedures that were adopted by the creditor to	2147
avoid an error of that nature.	2148

(M) "Animal activity" means any activity that involves the	2149
use of animals or animal parts, including, but not limited to,	2150
hunting, fishing, trapping, traveling, camping, the production,	2151
preparation, or processing of food or food products, clothing or	2152
garment manufacturing, medical research, other research,	2153
entertainment, recreation, agriculture, biotechnology, or service	2154
activity that involves the use of animals or animal parts.	2155

(N) "Animal facility" means a vehicle, building, structure,	2156
nature preserve, or other premises in which an animal is lawfully	2157
kept, handled, housed, exhibited, bred, or offered for sale,	2158
including, but not limited to, a zoo, rodeo, circus, amusement	2159
park, hunting preserve, or premises in which a horse or dog event	2160
is held.	2161

(O) "Animal or ecological terrorism" means the commission of	2162
any felony that involves causing or creating a substantial risk of	2163
physical harm to any property of another, the use of a deadly	2164
weapon or dangerous ordnance, or purposely, knowingly, or	2165
recklessly causing serious physical harm to property and that	2166
involves an intent to obstruct, impede, or deter any person from	2167
participating in a lawful animal activity, from mining, foresting,	2168
harvesting, gathering, or processing natural resources, or from	2169
being lawfully present in or on an animal facility or research	2170
facility.	2171

(P) "Research facility" means a place, laboratory,	2172
institution, medical care facility, government facility, or public	2173
or private educational institution in which a scientific test,	2174
experiment, or investigation involving the use of animals or other	2175
living organisms is lawfully carried out, conducted, or attempted.	2176

(Q) "Organized retail theft" means the theft of retail	2177
property with a retail value of one thousand dollars or more from	2178
one or more retail establishments with the intent to sell,	2179
deliver, or transfer that property to a retail property fence.	2180

(R) "Retail property" means any tangible personal property	2181
displayed, held, stored, or offered for sale in or by a retail	2182
establishment.	2183

(S) "Retail property fence" means a person who possesses,	2184
procures, receives, or conceals retail property that was	2185
represented to the person as being stolen or that the person knows	2186
or believes to be stolen.	2187

(T) "Retail value" means the full retail value of the retail	2188
property. In determining whether the retail value of retail	2189
property equals or exceeds one thousand dollars, the value of all	2190
retail property stolen from the retail establishment or retail	2191
establishments by the same person or persons within any	2192
one-hundred-eighty-day period shall be aggregated.	2193

Sec. 2933.51.  As used in sections 2933.51 to 2933.66 of the	2194
Revised Code:	2195

(A) "Wire communication" means an aural transfer that is made	2196
in whole or in part through the use of facilities for the	2197
transmission of communications by the aid of wires or similar	2198
methods of connecting the point of origin of the communication and	2199
the point of reception of the communication, including the use of	2200
a method of connecting the point of origin and the point of	2201
reception of the communication in a switching station, if the	2202
facilities are furnished or operated by a person engaged in	2203
providing or operating the facilities for the transmission of	2204
communications. "Wire communication" includes an electronic	2205
storage of a wire communication.	2206

(B) "Oral communication" means an oral communication uttered	2207
by a person exhibiting an expectation that the communication is	2208
not subject to interception under circumstances justifying that	2209
expectation. "Oral communication" does not include an electronic	2210
communication.	2211

(C) "Intercept" means the aural or other acquisition of the	2212
contents of any wire, oral, or electronic communication through	2213
the use of an interception device.	2214

(D) "Interception device" means an electronic, mechanical, or	2215
other device or apparatus that can be used to intercept a wire,	2216
oral, or electronic communication. "Interception device" does not	2217
mean any of the following:	2218

(1) A telephone or telegraph instrument, equipment, or	2219
facility, or any of its components, if the instrument, equipment,	2220
facility, or component is any of the following:	2221

(a) Furnished to the subscriber or user by a provider of wire	2222
or electronic communication service in the ordinary course of its	2223
business and being used by the subscriber or user in the ordinary	2224
course of its business;	2225

(b) Furnished by a subscriber or user for connection to the	2226
facilities of a provider of wire or electronic communication	2227
service and used in the ordinary course of that subscriber's or	2228
user's business;	2229

(c) Being used by a provider of wire or electronic	2230
communication service in the ordinary course of its business or by	2231
an investigative or law enforcement officer in the ordinary course	2232
of the officer's duties that do not involve the interception of	2233
wire, oral, or electronic communications.	2234

(2) A hearing aid or similar device being used to correct	2235
subnormal hearing to not better than normal.	2236

(E) "Investigative officer" means any of the following:

2237

(1) An officer of this state or a political subdivision of	2238
this state, who is empowered by law to conduct investigations or	2239
to make arrests for a designated offense;	2240

(2) A person described in divisions (A)(11)(a) and (b) of	2241
section 2901.01 of the Revised Code;	2242

(3) An attorney authorized by law to prosecute or participate	2243
in the prosecution of a designated offense;	2244

(4) A secret service officer appointed pursuant to section	2245
309.07 of the Revised Code;	2246

(5) An officer of the United States, a state, or a political	2247
subdivision of a state who is authorized to conduct investigations	2248
pursuant to the "Electronic Communications Privacy Act of 1986,"	2249
100 Stat. 1848-1857, 18 U.S.C. 2510-2521 (1986), as amended.	2250

(F) "Interception warrant" means a court order that	2251
authorizes the interception of wire, oral, or electronic	2252
communications and that is issued pursuant to sections 2933.53 to	2253
2933.56 of the Revised Code.	2254

(G) "Contents," when used with respect to a wire, oral, or	2255
electronic communication, includes any information concerning the	2256
substance, purport, or meaning of the communication.	2257

(H) "Communications common carrier" means a person who is	2258
engaged as a common carrier for hire in intrastate, interstate, or	2259
foreign communications by wire, radio, or radio transmission of	2260
energy. "Communications common carrier" does not include, to the	2261
extent that the person is engaged in radio broadcasting, a person	2262
engaged in radio broadcasting.	2263

(I) "Designated offense" means any of the following:

2264

(1) A felony violation of section 1315.53, 1315.55, 2903.01,	2265
2903.02, 2903.11, 2905.01, 2905.02, 2905.11, 2905.22, 2905.32,	2266
2907.02, 2907.21, 2907.22, 2909.02, 2909.03, 2909.04, 2909.22,	2267
2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.29, 2911.01,	2268
2911.02, 2911.11, 2911.12, 2913.02, 2913.04, 2913.42, 2913.51,	2269
2915.02, 2915.03, 2917.01, 2917.02, 2921.02, 2921.03, 2921.04,	2270
2921.32, 2921.34, 2923.20, 2923.32, 2925.03, 2925.04, 2925.05, or	2271
2925.06 or of division (B) of section 2915.05 or of division (E)	2272
or (G) of section 3772.99 of the Revised Code;	2273

(2) A violation of section 2919.23 of the Revised Code that,	2274
had it occurred prior to July 1, 1996, would have been a violation	2275
of section 2905.04 of the Revised Code as it existed prior to that	2276
date;	2277

(3) A felony violation of section 2925.11 of the Revised Code	2278
that is not a minor drug possession offense, as defined in section	2279
2925.01 of the Revised Code;	2280

(4) Complicity in the commission of a felony violation of a	2281
section listed in division (I)(1), (2), or (3) of this section;	2282

(5) An attempt to commit, or conspiracy in the commission of,	2283
a felony violation of a section listed in division (I)(1), (2), or	2284
(3) of this section, if the attempt or conspiracy is punishable by	2285
a term of imprisonment of more than one year.	2286

(J) "Aggrieved person" means a person who was a party to an	2287
intercepted wire, oral, or electronic communication or a person	2288
against whom the interception of the communication was directed.	2289

(K) "Person" means a person, as defined in section 1.59 of	2290
the Revised Code, or a governmental officer, employee, or entity.	2291

(L) "Special need" means a showing that a licensed physician,	2292
licensed practicing psychologist, attorney, practicing cleric,	2293
journalist, or either spouse is personally engaging in continuing	2294
criminal activity, was engaged in continuing criminal activity	2295
over a period of time, or is committing, has committed, or is	2296
about to commit, a designated offense, or a showing that specified	2297
public facilities are being regularly used by someone who is	2298
personally engaging in continuing criminal activity, was engaged	2299
in continuing criminal activity over a period of time, or is	2300
committing, has committed, or is about to commit, a designated	2301
offense.	2302

(M) "Journalist" means a person engaged in, connected with,	2303
or employed by, any news media, including a newspaper, magazine,	2304
press association, news agency, or wire service, a radio or	2305
television station, or a similar media, for the purpose of	2306
gathering, processing, transmitting, compiling, editing, or	2307
disseminating news for the general public.	2308

(N) "Electronic communication" means a transfer of a sign,	2309
signal, writing, image, sound, datum, or intelligence of any	2310
nature that is transmitted in whole or in part by a wire, radio,	2311
electromagnetic, photoelectronic, or photo-optical system.	2312
"Electronic communication" does not mean any of the following:	2313

(1) A wire or oral communication;

2314

(2) A communication made through a tone-only paging device;

2315

(3) A communication from an electronic or mechanical tracking	2316
device that permits the tracking of the movement of a person or	2317
object.	2318

(O) "User" means a person or entity that uses an electronic	2319
communication service and is duly authorized by the provider of	2320
the service to engage in the use of the electronic communication	2321
service.	2322

(P) "Electronic communications system" means a wire, radio,	2323
electromagnetic, photoelectronic, or photo-optical facility for	2324
the transmission of electronic communications, and a computer	2325
facility or related electronic equipment for the electronic	2326
storage of electronic communications.	2327

(Q) "Electronic communication service" means a service that	2328
provides to users of the service the ability to send or receive	2329
wire or electronic communications.	2330

(R) "Readily accessible to the general public" means, with	2331
respect to a radio communication, that the communication is none	2332
of the following:	2333

(1) Scrambled or encrypted;

2334

(2) Transmitted using a modulation technique, the essential	2335
parameters of which have been withheld from the public with the	2336
intention of preserving the privacy of the communication;	2337

(3) Carried on a subcarrier or other signal subsidiary to a	2338
radio transmission;	2339

(4) Transmitted over a communications system provided by a	2340
communications common carrier, unless the communication is a	2341
tone-only paging system communication;	2342

(5) Transmitted on a frequency allocated under part 25,	2343
subpart D, E, or F of part 74, or part 94 of the Rules of the	2344
Federal Communications Commission, as those provisions existed on	2345
July 1, 1996, unless, in the case of a communication transmitted	2346
on a frequency allocated under part 74 that is not exclusively	2347
allocated to broadcast auxiliary services, the communication is a	2348
two-way voice communication by radio.	2349

(S) "Electronic storage" means a temporary, intermediate	2350
storage of a wire or electronic communication that is incidental	2351
to the electronic transmission of the communication, and a storage	2352
of a wire or electronic communication by an electronic	2353
communication service for the purpose of backup protection of the	2354
communication.	2355

(T) "Aural transfer" means a transfer containing the human	2356
voice at a point between and including the point of origin and the	2357
point of reception.	2358

(U) "Pen register" means a device that records or decodes	2359
electronic impulses that identify the numbers dialed, pulsed, or	2360
otherwise transmitted on telephone lines to which the device is	2361
attached.	2362

(V) "Trap and trace device" means a device that captures the	2363
incoming electronic or other impulses that identify the	2364
originating number of an instrument or device from which a wire	2365
communication or electronic communication was transmitted but that	2366
does not intercept the contents of the wire communication or	2367
electronic communication.	2368

(W) "Judge of a court of common pleas" means a judge of that	2369
court who is elected or appointed as a judge of general	2370
jurisdiction or as a judge who exercises both general jurisdiction	2371
and probate, domestic relations, or juvenile jurisdiction. "Judge	2372
of a court of common pleas" does not mean a judge of that court	2373
who is elected or appointed specifically as a probate, domestic	2374
relations, or juvenile judge.	2375

Sec. 3301.0714.  (A) The state board of education shall adopt	2376
rules for a statewide education management information system. The	2377
rules shall require the state board to establish guidelines for	2378
the establishment and maintenance of the system in accordance with	2379
this section and the rules adopted under this section. The	2380
guidelines shall include:	2381

(1) Standards identifying and defining the types of data in	2382
the system in accordance with divisions (B) and (C) of this	2383
section;	2384

(2) Procedures for annually collecting and reporting the data	2385
to the state board in accordance with division (D) of this	2386
section;	2387

(3) Procedures for annually compiling the data in accordance	2388
with division (G) of this section;	2389

(4) Procedures for annually reporting the data to the public	2390
in accordance with division (H) of this section.	2391

(B) The guidelines adopted under this section shall require	2392
the data maintained in the education management information system	2393
to include at least the following:	2394

(1) Student participation and performance data, for each	2395
grade in each school district as a whole and for each grade in	2396
each school building in each school district, that includes:	2397

(a) The numbers of students receiving each category of	2398
instructional service offered by the school district, such as	2399
regular education instruction, vocational education instruction,	2400
specialized instruction programs or enrichment instruction that is	2401
part of the educational curriculum, instruction for gifted	2402
students, instruction for students with disabilities, and remedial	2403
instruction. The guidelines shall require instructional services	2404
under this division to be divided into discrete categories if an	2405
instructional service is limited to a specific subject, a specific	2406
type of student, or both, such as regular instructional services	2407
in mathematics, remedial reading instructional services,	2408
instructional services specifically for students gifted in	2409
mathematics or some other subject area, or instructional services	2410
for students with a specific type of disability. The categories of	2411
instructional services required by the guidelines under this	2412
division shall be the same as the categories of instructional	2413
services used in determining cost units pursuant to division	2414
(C)(3) of this section.	2415

(b) The numbers of students receiving support or	2416
extracurricular services for each of the support services or	2417
extracurricular programs offered by the school district, such as	2418
counseling services, health services, and extracurricular sports	2419
and fine arts programs. The categories of services required by the	2420
guidelines under this division shall be the same as the categories	2421
of services used in determining cost units pursuant to division	2422
(C)(4)(a) of this section.	2423

(c) Average student grades in each subject in grades nine	2424
through twelve;	2425

(d) Academic achievement levels as assessed under sections	2426
3301.0710, 3301.0711, and 3301.0712 of the Revised Code;	2427

(e) The number of students designated as having a disabling	2428
condition pursuant to division (C)(1) of section 3301.0711 of the	2429
Revised Code;	2430

(f) The numbers of students reported to the state board	2431
pursuant to division (C)(2) of section 3301.0711 of the Revised	2432
Code;	2433

(g) Attendance rates and the average daily attendance for the	2434
year. For purposes of this division, a student shall be counted as	2435
present for any field trip that is approved by the school	2436
administration.	2437

(h) Expulsion rates;

2438

(i) Suspension rates;

2439

(j) Dropout rates;

2440

(k) Rates of retention in grade;

2441

(l) For pupils in grades nine through twelve, the average	2442
number of carnegie units, as calculated in accordance with state	2443
board of education rules;	2444

(m) Graduation rates, to be calculated in a manner specified	2445
by the department of education that reflects the rate at which	2446
students who were in the ninth grade three years prior to the	2447
current year complete school and that is consistent with	2448
nationally accepted reporting requirements;	2449

(n) Results of diagnostic assessments administered to	2450
kindergarten students as required under section 3301.0715 of the	2451
Revised Code to permit a comparison of the academic readiness of	2452
kindergarten students. However, no district shall be required to	2453
report to the department the results of any diagnostic assessment	2454
administered to a kindergarten student if the parent of that	2455
student requests the district not to report those results.	2456

(2) Personnel and classroom enrollment data for each school	2457
district, including:	2458

(a) The total numbers of licensed employees and nonlicensed	2459
employees and the numbers of full-time equivalent licensed	2460
employees and nonlicensed employees providing each category of	2461
instructional service, instructional support service, and	2462
administrative support service used pursuant to division (C)(3) of	2463
this section. The guidelines adopted under this section shall	2464
require these categories of data to be maintained for the school	2465
district as a whole and, wherever applicable, for each grade in	2466
the school district as a whole, for each school building as a	2467
whole, and for each grade in each school building.	2468

(b) The total number of employees and the number of full-time	2469
equivalent employees providing each category of service used	2470
pursuant to divisions (C)(4)(a) and (b) of this section, and the	2471
total numbers of licensed employees and nonlicensed employees and	2472
the numbers of full-time equivalent licensed employees and	2473
nonlicensed employees providing each category used pursuant to	2474
division (C)(4)(c) of this section. The guidelines adopted under	2475
this section shall require these categories of data to be	2476
maintained for the school district as a whole and, wherever	2477
applicable, for each grade in the school district as a whole, for	2478
each school building as a whole, and for each grade in each school	2479
building.	2480

(c) The total number of regular classroom teachers teaching	2481
classes of regular education and the average number of pupils	2482
enrolled in each such class, in each of grades kindergarten	2483
through five in the district as a whole and in each school	2484
building in the school district.	2485

(d) The number of lead teachers employed by each school	2486
district and each school building.	2487

(3)(a) Student demographic data for each school district,	2488
including information regarding the gender ratio of the school	2489
district's pupils, the racial make-up of the school district's	2490
pupils, the number of limited English proficient students in the	2491
district, and an appropriate measure of the number of the school	2492
district's pupils who reside in economically disadvantaged	2493
households. The demographic data shall be collected in a manner to	2494
allow correlation with data collected under division (B)(1) of	2495
this section. Categories for data collected pursuant to division	2496
(B)(3) of this section shall conform, where appropriate, to	2497
standard practices of agencies of the federal government.	2498

(b) With respect to each student entering kindergarten,	2499
whether the student previously participated in a public preschool	2500
program, a private preschool program, or a head start program, and	2501
the number of years the student participated in each of these	2502
programs.	2503

(4) Any data required to be collected pursuant to federal	2504
law.	2505

(C) The education management information system shall include	2506
cost accounting data for each district as a whole and for each	2507
school building in each school district. The guidelines adopted	2508
under this section shall require the cost data for each school	2509
district to be maintained in a system of mutually exclusive cost	2510
units and shall require all of the costs of each school district	2511
to be divided among the cost units. The guidelines shall require	2512
the system of mutually exclusive cost units to include at least	2513
the following:	2514

(1) Administrative costs for the school district as a whole.	2515
The guidelines shall require the cost units under this division	2516
(C)(1) to be designed so that each of them may be compiled and	2517
reported in terms of average expenditure per pupil in formula ADM	2518
in the school district, as determined pursuant to section 3317.03	2519
of the Revised Code.	2520

(2) Administrative costs for each school building in the	2521
school district. The guidelines shall require the cost units under	2522
this division (C)(2) to be designed so that each of them may be	2523
compiled and reported in terms of average expenditure per	2524
full-time equivalent pupil receiving instructional or support	2525
services in each building.	2526

(3) Instructional services costs for each category of	2527
instructional service provided directly to students and required	2528
by guidelines adopted pursuant to division (B)(1)(a) of this	2529
section. The guidelines shall require the cost units under	2530
division (C)(3) of this section to be designed so that each of	2531
them may be compiled and reported in terms of average expenditure	2532
per pupil receiving the service in the school district as a whole	2533
and average expenditure per pupil receiving the service in each	2534
building in the school district and in terms of a total cost for	2535
each category of service and, as a breakdown of the total cost, a	2536
cost for each of the following components:	2537

(a) The cost of each instructional services category required	2538
by guidelines adopted under division (B)(1)(a) of this section	2539
that is provided directly to students by a classroom teacher;	2540

(b) The cost of the instructional support services, such as	2541
services provided by a speech-language pathologist, classroom	2542
aide, multimedia aide, or librarian, provided directly to students	2543
in conjunction with each instructional services category;	2544

(c) The cost of the administrative support services related	2545
to each instructional services category, such as the cost of	2546
personnel that develop the curriculum for the instructional	2547
services category and the cost of personnel supervising or	2548
coordinating the delivery of the instructional services category.	2549

(4) Support or extracurricular services costs for each	2550
category of service directly provided to students and required by	2551
guidelines adopted pursuant to division (B)(1)(b) of this section.	2552
The guidelines shall require the cost units under division (C)(4)	2553
of this section to be designed so that each of them may be	2554
compiled and reported in terms of average expenditure per pupil	2555
receiving the service in the school district as a whole and	2556
average expenditure per pupil receiving the service in each	2557
building in the school district and in terms of a total cost for	2558
each category of service and, as a breakdown of the total cost, a	2559
cost for each of the following components:	2560

(a) The cost of each support or extracurricular services	2561
category required by guidelines adopted under division (B)(1)(b)	2562
of this section that is provided directly to students by a	2563
licensed employee, such as services provided by a guidance	2564
counselor or any services provided by a licensed employee under a	2565
supplemental contract;	2566

(b) The cost of each such services category provided directly	2567
to students by a nonlicensed employee, such as janitorial	2568
services, cafeteria services, or services of a sports trainer;	2569

(c) The cost of the administrative services related to each	2570
services category in division (C)(4)(a) or (b) of this section,	2571
such as the cost of any licensed or nonlicensed employees that	2572
develop, supervise, coordinate, or otherwise are involved in	2573
administering or aiding the delivery of each services category.	2574

(D)(1) The guidelines adopted under this section shall	2575
require school districts to collect information about individual	2576
students, staff members, or both in connection with any data	2577
required by division (B) or (C) of this section or other reporting	2578
requirements established in the Revised Code. The guidelines may	2579
also require school districts to report information about	2580
individual staff members in connection with any data required by	2581
division (B) or (C) of this section or other reporting	2582
requirements established in the Revised Code. The guidelines shall	2583
not authorize school districts to request social security numbers	2584
of individual students. The guidelines shall prohibit the	2585
reporting under this section of a student's name, address, and	2586
social security number to the state board of education or the	2587
department of education. The guidelines shall also prohibit the	2588
reporting under this section of any personally identifiable	2589
information about any student, except for the purpose of assigning	2590
the data verification code required by division (D)(2) of this	2591
section, to any other person unless such person is employed by the	2592
school district or the information technology center operated	2593
under section 3301.075 of the Revised Code and is authorized by	2594
the district or technology center to have access to such	2595
information or is employed by an entity with which the department	2596
contracts for the scoring of assessments administered under	2597
section 3301.0711 of the Revised Code. The guidelines may require	2598
school districts to provide the social security numbers of	2599
individual staff members and the county of residence for a	2600
student. Nothing in this section prohibits the state board of	2601
education or department of education from providing a student's	2602
county of residence to the department of taxation to facilitate	2603
the distribution of tax revenue.	2604

(2) The guidelines shall provide for each school district or	2605
community school to assign a data verification code that is unique	2606
on a statewide basis over time to each student whose initial Ohio	2607
enrollment is in that district or school and to report all	2608
required individual student data for that student utilizing such	2609
code. The guidelines shall also provide for assigning data	2610
verification codes to all students enrolled in districts or	2611
community schools on the effective date of the guidelines	2612
established under this section.	2613

Individual student data shall be reported to the department	2614
through the information technology centers utilizing the code but,	2615
except as provided in sections 3310.11, 3310.42, 3310.63,	2616
3313.978, 3310.63, and 3317.20 of the Revised Code, at no time	2617
shall the state board or the department have access to information	2618
that would enable any data verification code to be matched to	2619
personally identifiable student data.	2620

Each school district shall ensure that the data verification	2621
code is included in the student's records reported to any	2622
subsequent school district, community school, or state institution	2623
of higher education, as defined in section 3345.011 of the Revised	2624
Code, in which the student enrolls. Any such subsequent district	2625
or school shall utilize the same identifier in its reporting of	2626
data under this section.	2627

The director of health shall request and receive, pursuant to	2628
sections 3301.0723 and 3701.62 of the Revised Code, a data	2629
verification code for a child who is receiving services under	2630
division (A)(2) of section 3701.61 of the Revised Code.	2631

(E) The guidelines adopted under this section may require	2632
school districts to collect and report data, information, or	2633
reports other than that described in divisions (A), (B), and (C)	2634
of this section for the purpose of complying with other reporting	2635
requirements established in the Revised Code. The other data,	2636
information, or reports may be maintained in the education	2637
management information system but are not required to be compiled	2638
as part of the profile formats required under division (G) of this	2639
section or the annual statewide report required under division (H)	2640
of this section.	2641

(F) Beginning with the school year that begins July 1, 1991,	2642
the board of education of each school district shall annually	2643
collect and report to the state board, in accordance with the	2644
guidelines established by the board, the data required pursuant to	2645
this section. A school district may collect and report these data	2646
notwithstanding section 2151.357 or 3319.321 of the Revised Code.	2647

(G) The state board shall, in accordance with the procedures	2648
it adopts, annually compile the data reported by each school	2649
district pursuant to division (D) of this section. The state board	2650
shall design formats for profiling each school district as a whole	2651
and each school building within each district and shall compile	2652
the data in accordance with these formats. These profile formats	2653
shall:	2654

(1) Include all of the data gathered under this section in a	2655
manner that facilitates comparison among school districts and	2656
among school buildings within each school district;	2657

(2) Present the data on academic achievement levels as	2658
assessed by the testing of student achievement maintained pursuant	2659
to division (B)(1)(d) of this section.	2660

(H)(1) The state board shall, in accordance with the	2661
procedures it adopts, annually prepare a statewide report for all	2662
school districts and the general public that includes the profile	2663
of each of the school districts developed pursuant to division (G)	2664
of this section. Copies of the report shall be sent to each school	2665
district.	2666

(2) The state board shall, in accordance with the procedures	2667
it adopts, annually prepare an individual report for each school	2668
district and the general public that includes the profiles of each	2669
of the school buildings in that school district developed pursuant	2670
to division (G) of this section. Copies of the report shall be	2671
sent to the superintendent of the district and to each member of	2672
the district board of education.	2673

(3) Copies of the reports received from the state board under	2674
divisions (H)(1) and (2) of this section shall be made available	2675
to the general public at each school district's offices. Each	2676
district board of education shall make copies of each report	2677
available to any person upon request and payment of a reasonable	2678
fee for the cost of reproducing the report. The board shall	2679
annually publish in a newspaper of general circulation in the	2680
school district, at least twice during the two weeks prior to the	2681
week in which the reports will first be available, a notice	2682
containing the address where the reports are available and the	2683
date on which the reports will be available.	2684

(I) Any data that is collected or maintained pursuant to this	2685
section and that identifies an individual pupil is not a public	2686
record for the purposes of section 149.43 of the Revised Code.	2687

(J) As used in this section:

2688

(1) "School district" means any city, local, exempted	2689
village, or joint vocational school district and, in accordance	2690
with section 3314.17 of the Revised Code, any community school. As	2691
used in division (L) of this section, "school district" also	2692
includes any educational service center or other educational	2693
entity required to submit data using the system established under	2694
this section.	2695

(2) "Cost" means any expenditure for operating expenses made	2696
by a school district excluding any expenditures for debt	2697
retirement except for payments made to any commercial lending	2698
institution for any loan approved pursuant to section 3313.483 of	2699
the Revised Code.	2700

(K) Any person who removes data from the information system	2701
established under this section for the purpose of releasing it to	2702
any person not entitled under law to have access to such	2703
information is subject to section 2913.42 of the Revised Code	2704
prohibiting tampering with data.	2705

(L)(1) In accordance with division (L)(2) of this section and	2706
the rules adopted under division (L)(10) of this section, the	2707
department of education may sanction any school district that	2708
reports incomplete or inaccurate data, reports data that does not	2709
conform to data requirements and descriptions published by the	2710
department, fails to report data in a timely manner, or otherwise	2711
does not make a good faith effort to report data as required by	2712
this section.	2713

(2) If the department decides to sanction a school district	2714
under this division, the department shall take the following	2715
sequential actions:	2716

(a) Notify the district in writing that the department has	2717
determined that data has not been reported as required under this	2718
section and require the district to review its data submission and	2719
submit corrected data by a deadline established by the department.	2720
The department also may require the district to develop a	2721
corrective action plan, which shall include provisions for the	2722
district to provide mandatory staff training on data reporting	2723
procedures.	2724

(b) Withhold up to ten per cent of the total amount of state	2725
funds due to the district for the current fiscal year and, if not	2726
previously required under division (L)(2)(a) of this section,	2727
require the district to develop a corrective action plan in	2728
accordance with that division;	2729

(c) Withhold an additional amount of up to twenty per cent of	2730
the total amount of state funds due to the district for the	2731
current fiscal year;	2732

(d) Direct department staff or an outside entity to	2733
investigate the district's data reporting practices and make	2734
recommendations for subsequent actions. The recommendations may	2735
include one or more of the following actions:	2736

(i) Arrange for an audit of the district's data reporting	2737
practices by department staff or an outside entity;	2738

(ii) Conduct a site visit and evaluation of the district;

2739

(iii) Withhold an additional amount of up to thirty per cent	2740
of the total amount of state funds due to the district for the	2741
current fiscal year;	2742

(iv) Continue monitoring the district's data reporting;

2743

(v) Assign department staff to supervise the district's data	2744
management system;	2745

(vi) Conduct an investigation to determine whether to suspend	2746
or revoke the license of any district employee in accordance with	2747
division (N) of this section;	2748

(vii) If the district is issued a report card under section	2749
3302.03 of the Revised Code, indicate on the report card that the	2750
district has been sanctioned for failing to report data as	2751
required by this section;	2752

(viii) If the district is issued a report card under section	2753
3302.03 of the Revised Code and incomplete or inaccurate data	2754
submitted by the district likely caused the district to receive a	2755
higher performance rating than it deserved under that section,	2756
issue a revised report card for the district;	2757

(ix) Any other action designed to correct the district's data	2758
reporting problems.	2759

(3) Any time the department takes an action against a school	2760
district under division (L)(2) of this section, the department	2761
shall make a report of the circumstances that prompted the action.	2762
The department shall send a copy of the report to the district	2763
superintendent or chief administrator and maintain a copy of the	2764
report in its files.	2765

(4) If any action taken under division (L)(2) of this section	2766
resolves a school district's data reporting problems to the	2767
department's satisfaction, the department shall not take any	2768
further actions described by that division. If the department	2769
withheld funds from the district under that division, the	2770
department may release those funds to the district, except that if	2771
the department withheld funding under division (L)(2)(c) of this	2772
section, the department shall not release the funds withheld under	2773
division (L)(2)(b) of this section and, if the department withheld	2774
funding under division (L)(2)(d) of this section, the department	2775
shall not release the funds withheld under division (L)(2)(b) or	2776
(c) of this section.	2777

(5) Notwithstanding anything in this section to the contrary,	2778
the department may use its own staff or an outside entity to	2779
conduct an audit of a school district's data reporting practices	2780
any time the department has reason to believe the district has not	2781
made a good faith effort to report data as required by this	2782
section. If any audit conducted by an outside entity under	2783
division (L)(2)(d)(i) or (5) of this section confirms that a	2784
district has not made a good faith effort to report data as	2785
required by this section, the district shall reimburse the	2786
department for the full cost of the audit. The department may	2787
withhold state funds due to the district for this purpose.	2788

(6) Prior to issuing a revised report card for a school	2789
district under division (L)(2)(d)(viii) of this section, the	2790
department may hold a hearing to provide the district with an	2791
opportunity to demonstrate that it made a good faith effort to	2792
report data as required by this section. The hearing shall be	2793
conducted by a referee appointed by the department. Based on the	2794
information provided in the hearing, the referee shall recommend	2795
whether the department should issue a revised report card for the	2796
district. If the referee affirms the department's contention that	2797
the district did not make a good faith effort to report data as	2798
required by this section, the district shall bear the full cost of	2799
conducting the hearing and of issuing any revised report card.	2800

(7) If the department determines that any inaccurate data	2801
reported under this section caused a school district to receive	2802
excess state funds in any fiscal year, the district shall	2803
reimburse the department an amount equal to the excess funds, in	2804
accordance with a payment schedule determined by the department.	2805
The department may withhold state funds due to the district for	2806
this purpose.	2807

(8) Any school district that has funds withheld under	2808
division (L)(2) of this section may appeal the withholding in	2809
accordance with Chapter 119. of the Revised Code.	2810

(9) In all cases of a disagreement between the department and	2811
a school district regarding the appropriateness of an action taken	2812
under division (L)(2) of this section, the burden of proof shall	2813
be on the district to demonstrate that it made a good faith effort	2814
to report data as required by this section.	2815

(10) The state board of education shall adopt rules under	2816
Chapter 119. of the Revised Code to implement division (L) of this	2817
section.	2818

(M) No information technology center or school district shall	2819
acquire, change, or update its student administration software	2820
package to manage and report data required to be reported to the	2821
department unless it converts to a student software package that	2822
is certified by the department.	2823

(N) The state board of education, in accordance with sections	2824
3319.31 and 3319.311 of the Revised Code, may suspend or revoke a	2825
license as defined under division (A) of section 3319.31 of the	2826
Revised Code that has been issued to any school district employee	2827
found to have willfully reported erroneous, inaccurate, or	2828
incomplete data to the education management information system.	2829

(O) No person shall release or maintain any information about	2830
any student in violation of this section. Whoever violates this	2831
division is guilty of a misdemeanor of the fourth degree.	2832

(P) The department shall disaggregate the data collected	2833
under division (B)(1)(n) of this section according to the race and	2834
socioeconomic status of the students assessed. No data collected	2835
under that division shall be included on the report cards required	2836
by section 3302.03 of the Revised Code.	2837

(Q) If the department cannot compile any of the information	2838
required by division (C)(5) of section 3302.03 of the Revised Code	2839
based upon the data collected under this section, the department	2840
shall develop a plan and a reasonable timeline for the collection	2841
of any data necessary to comply with that division.	2842

Sec. 3769.08.  (A) Any person holding a permit to conduct a	2843
horse-racing meeting may provide a place in the race meeting	2844
grounds or enclosure at which the permit holder may conduct and	2845
supervise the pari-mutuel system of wagering by patrons of legal	2846
age on the live racing programs and simulcast racing programs	2847
conducted by the permit holder.	2848

The pari-mutuel method of wagering upon the live racing	2849
programs and simulcast racing programs held at or conducted within	2850
such race track, and at the time of such horse-racing meeting, or	2851
at other times authorized by the state racing commission, shall	2852
not be unlawful. No other place, except that provided and	2853
designated by the permit holder and except as provided in section	2854
3769.26 of the Revised Code, nor any other method or system of	2855
betting or wagering, except the pari-mutuel system, shall be used	2856
or permitted by the permit holder; nor, except as provided in	2857
section 3769.089 or 3769.26 of the Revised Code, shall the	2858
pari-mutuel system of wagering be conducted by the permit holder	2859
on any races except the races at the race track, grounds, or	2860
enclosure for which the person holds a permit. Each permit holder	2861
may retain as a commission an amount not to exceed eighteen per	2862
cent of the total of all moneys wagered.	2863

The pari-mutuel wagering authorized by this section is	2864
subject to sections 3769.25 to 3769.28 of the Revised Code.	2865

(B) At the close of each racing day, each permit holder	2866
authorized to conduct thoroughbred racing, out of the amount	2867
retained on that day by the permit holder, shall pay by check,	2868
draft, or money order to the tax commissioner, as a tax, a sum	2869
equal to the following percentages of the total of all moneys	2870
wagered on live racing programs on that day and shall separately	2871
compute and pay by check, draft, or money order to the tax	2872
commissioner, as a tax, a sum equal to the following percentages	2873
of the total of all money wagered on simulcast racing programs on	2874
that day:	2875

(1) One per cent of the first two hundred thousand dollars	2876
wagered, or any part of that amount;	2877

(2) Two per cent of the next one hundred thousand dollars	2878
wagered, or any part of that amount;	2879

(3) Three per cent of the next one hundred thousand dollars	2880
wagered, or any part of that amount;	2881

(4) Four per cent of all sums over four hundred thousand	2882
dollars wagered.	2883

Except as otherwise provided in section 3769.089 of the	2884
Revised Code, each permit holder authorized to conduct	2885
thoroughbred racing shall use for purse money a sum equal to fifty	2886
per cent of the pari-mutuel revenues retained by the permit holder	2887
as a commission after payment of the state tax. This fifty per	2888
cent payment shall be in addition to the purse distribution from	2889
breakage specified in this section.	2890

Subject to division (M)(L) of this section, from the moneys	2891
paid to the tax commissioner by thoroughbred racing permit	2892
holders, one-half of one per cent of the total of all moneys so	2893
wagered on a racing day shall be paid into the Ohio fairs fund	2894
created by section 3769.082 of the Revised Code, and one and	2895
one-eighththree-eighths per cent of the total of all moneys so	2896
wagered on a racing day shall be paid into the Ohio thoroughbred	2897
race fund created by section 3769.083 of the Revised Code, and	2898
one-quarter of one per cent of the total of all moneys wagered on	2899
a racing day by each permit holder shall be paid into the state	2900
racing commission operating fund created by section 3769.03 of the	2901
Revised Code. The required payment to the state racing commission	2902
operating fund does not apply to county and independent fairs and	2903
agricultural societiesto each municipal corporation or township	2904
in which a race track is located. The remaining moneys may be	2905
retained by the permit holder, except as provided in this section	2906
with respect to the odd cents redistribution. Amounts paid into	2907
the nursing home franchise permit fee fund pursuant to this	2908
section and section 3769.26 of the Revised Code shall be used	2909
solely for the support of the PASSPORT program as determined in	2910
appropriations made by the general assembly. If the PASSPORT	2911
program is abolished, the amount that would have been paid to the	2912
nursing home franchise permit fee fund under this chapter shall be	2913
paid to the general revenue fund of the state. As used in this	2914
chapter, "PASSPORT program" means the PASSPORT program created	2915
under section 173.40 of the Revised Code.	2916

The total amount paid to the Ohio thoroughbred race fund	2917
under this section and division (A) of section 3769.087 of the	2918
Revised Code shall not exceed by more than six per cent the total	2919
amount paid to this fund under this section and division (A) of	2920
that section during the immediately preceding calendar year.	2921

Each year, the total amount calculated for payment into the	2922
Ohio fairs fund under this division, division (C) of this section,	2923
and division (A) of section 3769.087 of the Revised Code shall be	2924
an amount calculated using the percentages specified in this	2925
division, division (C) of this section, and division (A) of	2926
section 3769.087 of the Revised Code.	2927

A permit holder may contract with a thoroughbred horsemen's	2928
organization for the organization to act as a representative of	2929
all thoroughbred owners and trainers participating in a	2930
horse-racing meeting conducted by the permit holder. A	2931
"thoroughbred horsemen's organization" is any corporation or	2932
association that represents, through membership or otherwise, more	2933
than one-half of the aggregate of all thoroughbred owners and	2934
trainers who were licensed and actively participated in racing	2935
within this state during the preceding calendar year. Except as	2936
otherwise provided in this paragraph, any moneys received by a	2937
thoroughbred horsemen's organization shall be used exclusively for	2938
the benefit of thoroughbred owners and trainers racing in this	2939
state through the administrative purposes of the organization,	2940
benevolent activities on behalf of the horsemen, promotion of the	2941
horsemen's rights and interests, and promotion of equine research.	2942
A thoroughbred horsemen's organization may expend not more than an	2943
aggregate of five per cent of its annual gross receipts, or a	2944
larger amount as approved by the organization, for dues,	2945
assessments, and other payments to all other local, national, or	2946
international organizations having as their primary purposes the	2947
promotion of thoroughbred horse racing, thoroughbred horsemen's	2948
rights, and equine research.	2949

(C) Except as otherwise provided in division (B) of this	2950
section, at the close of each racing day, each permit holder	2951
authorized to conduct harness or quarter horse racing, out of the	2952
amount retained that day by the permit holder, shall pay by check,	2953
draft, or money order to the tax commissioner, as a tax, a sum	2954
equal to the following percentages of the total of all moneys	2955
wagered on live racing programs and shall separately compute and	2956
pay by check, draft, or money order to the tax commissioner, as a	2957
tax, a sum equal to the following percentages of the total of all	2958
money wagered on simulcast racing programs on that day:	2959

(1) One per cent of the first two hundred thousand dollars	2960
wagered, or any part of that amount;	2961

(2) Two per cent of the next one hundred thousand dollars	2962
wagered, or any part of that amount;	2963

(3) Three per cent of the next one hundred thousand dollars	2964
wagered, or any part of that amount;	2965

(4) Four per cent of all sums over four hundred thousand	2966
dollars wagered.	2967

Except as otherwise provided in division (B) and subject to	2968
division (M)(L) of this section, from the moneys paid to the tax	2969
commissioner by permit holders authorized to conduct harness or	2970
quarter horse racing, one-half of one per cent of all moneys	2971
wagered on that racing day shall be paid into the Ohio fairs fund;	2972
from the moneys paid to the tax commissioner by permit holders	2973
authorized to conduct harness racing, five-eighths of one and	2974
three-eighths per cent of all moneys wagered on that racing day	2975
shall be paid into the Ohio standardbred development fundto each	2976
municipal corporation or township in which a race track is	2977
located; and from the moneys paid to the tax commissioner by	2978
permit holders authorized to conduct quarter horse racing,	2979
five-eighths of one per cent of all moneys wagered on that racing	2980
day shall be paid into the Ohio quarter horse development fund.	2981

(D) In addition, subject to division (M) of this section,	2982
beginning on January 1, 1996, from the money paid to the tax	2983
commissioner as a tax under this section and division (A) of	2984
section 3769.087 of the Revised Code by harness horse permit	2985
holders, one-half of one per cent of the amount wagered on a	2986
racing day shall be paid into the Ohio standardbred development	2987
fund. Beginning January 1, 1998, the payment to the Ohio	2988
standardbred development fund required under this division does	2989
not apply to county agricultural societies or independent	2990
agricultural societies.The	2991

The total amount paid to the Ohio standardbred development	2992
fund under this division, division (C) of this section, and	2993
division (A) of section 3769.087 of the Revised Code and the total	2994
amount paid to the Ohio quarter horse development fund under this	2995
division (C) of this section and division (A) of that section	2996
shall not exceed by more than six per cent the total amount paid	2997
into the fund under this division, division (C) of this section,	2998
and division (A) of section 3769.087 of the Revised Code in the	2999
immediately preceding calendar year.	3000

(E) Subject to division (M) of this section, from the money	3001
paid as a tax under this chapter by harness and quarter horse	3002
permit holders, one-quarter of one per cent of the total of all	3003
moneys wagered on a racing day by each permit holder shall be paid	3004
into the state racing commission operating fund created by section	3005
3769.03 of the Revised Code. This division does not apply to	3006
county and independent fairs and agricultural societies.	3007

(F) Except as otherwise provided in section 3769.089 of the	3008
Revised Code, each permit holder authorized to conduct harness	3009
racing shall pay to the harness horsemen's purse pool a sum equal	3010
to fifty per cent of the pari-mutuel revenues retained by the	3011
permit holder as a commission after payment of the state tax. This	3012
fifty per cent payment is to be in addition to the purse	3013
distribution from breakage specified in this section.	3014

(G)(F) In addition, each permit holder authorized to conduct	3015
harness racing shall be allowed to retain the odd cents of all	3016
redistribution to be made on all mutual contributions exceeding a	3017
sum equal to the next lowest multiple of ten.	3018

Forty per cent of that portion of that total sum of such odd	3019
cents shall be used by the permit holder for purse money for Ohio	3020
sired, bred, and owned colts, for purse money for Ohio bred	3021
horses, and for increased purse money for horse races. Upon the	3022
formation of the corporation described in section 3769.21 of the	3023
Revised Code to establish a harness horsemen's health and	3024
retirement fund, twenty-five per cent of that portion of that	3025
total sum of odd cents shall be paid at the close of each racing	3026
day by the permit holder to that corporation to establish and fund	3027
the health and retirement fund. Until that corporation is formed,	3028
that twenty-five per cent shall be paid at the close of each	3029
racing day by the permit holder to the tax commissioner or the tax	3030
commissioner's agent in the county seat of the county in which the	3031
permit holder operates race meetings. The remaining thirty-five	3032
per cent of that portion of that total sum of odd cents shall be	3033
retained by the permit holder.	3034

(H)(G) In addition, each permit holder authorized to conduct	3035
thoroughbred racing shall be allowed to retain the odd cents of	3036
all redistribution to be made on all mutuel contributions	3037
exceeding a sum equal to the next lowest multiple of ten. Twenty	3038
per cent of that portion of that total sum of such odd cents shall	3039
be used by the permit holder for increased purse money for horse	3040
races. Upon the formation of the corporation described in section	3041
3769.21 of the Revised Code to establish a thoroughbred horsemen's	3042
health and retirement fund, forty-five per cent of that portion of	3043
that total sum of odd cents shall be paid at the close of each	3044
racing day by the permit holder to that corporation to establish	3045
and fund the health and retirement fund. Until that corporation is	3046
formed, that forty-five per cent shall be paid by the permit	3047
holder to the tax commissioner or the tax commissioner's agent in	3048
the county seat of the county in which the permit holder operates	3049
race meetings, at the close of each racing day. The remaining	3050
thirty-five per cent of that portion of that total sum of odd	3051
cents shall be retained by the permit holder.	3052

(I)(H) In addition, each permit holder authorized to conduct	3053
quarter horse racing shall be allowed to retain the odd cents of	3054
all redistribution to be made on all mutuel contributions	3055
exceeding a sum equal to the next lowest multiple of ten, subject	3056
to a tax of twenty-five per cent on that portion of the total sum	3057
of such odd cents that is in excess of two thousand dollars during	3058
a calendar year, which tax shall be paid at the close of each	3059
racing day by the permit holder to the tax commissioner or the tax	3060
commissioner's agent in the county seat of the county within which	3061
the permit holder operates race meetings. Forty per cent of that	3062
portion of that total sum of such odd cents shall be used by the	3063
permit holder for increased purse money for horse races. The	3064
remaining thirty-five per cent of that portion of that total sum	3065
of odd cents shall be retained by the permit holder.	3066

(J)(I)(1) To encourage the improvement of racing facilities	3067
for the benefit of the public, breeders, and horse owners, and to	3068
increase the revenue to the state from the increase in pari-mutuel	3069
wagering resulting from those improvements, the taxes paid by a	3070
permit holder to the state as provided for in this chapter shall	3071
be reduced by three-fourths of one per cent of the total amount	3072
wagered for those permit holders who make capital improvements to	3073
existing race tracks or construct new race tracks. The percentage	3074
of the reduction that may be taken each racing day shall equal	3075
seventy-five per cent of the taxes levied under divisions (B) and	3076
(C) of this section and section 3769.087 of the Revised Code, and	3077
division (F)(2) of section 3769.26 of the Revised Code, as	3078
applicable, divided by the calculated amount each fund should	3079
receive under divisions (B) and (C) of this section and section	3080
3769.087 of the Revised Code, and division (F)(2) of section	3081
3769.26 of the Revised Code and the reduction provided for in this	3082
division. If the resulting percentage is less than one, that	3083
percentage shall be multiplied by the amount of the reduction	3084
provided for in this division. Otherwise, the permit holder shall	3085
receive the full reduction provided for in this division. The	3086
amount of the allowable reduction not received shall be carried	3087
forward and applied against future tax liability. After any	3088
reductions expire, any reduction carried forward shall be treated	3089
as a reduction as provided for in this division.	3090

If more than one permit holder is authorized to conduct	3091
racing at the facility that is being built or improved, the cost	3092
of the new race track or capital improvement shall be allocated	3093
between or among all the permit holders in the ratio that the	3094
permit holders' number of racing days bears to the total number of	3095
racing days conducted at the facility.	3096

A reduction for a new race track or a capital improvement	3097
shall start from the day racing is first conducted following the	3098
date actual construction of the new race track or each capital	3099
improvement is completed and the construction cost has been	3100
approved by the racing commission, unless otherwise provided in	3101
this section. A reduction for a new race track or a capital	3102
improvement shall continue for a period of twenty-five years for	3103
new race tracks and for fifteen years for capital improvements if	3104
the construction of the capital improvement or new race track	3105
commenced prior to March 29, 1988, and for a period of ten years	3106
for new race tracks or capital improvements if the construction of	3107
the capital improvement or new race track commenced on or after	3108
March 29, 1988, but before June 6, 2001, or until the total tax	3109
reduction reaches seventy per cent of the approved cost of the new	3110
race track or capital improvement, as allocated to each permit	3111
holder, whichever occurs first. A reduction for a new race track	3112
or a capital improvement approved after June 6, 2001, shall	3113
continue until the total tax reduction reaches one hundred per	3114
cent of the approved cost of the new race track or capital	3115
improvement, as allocated to each permit holder.	3116

A reduction granted for a new race track or a capital	3117
improvement, the application for which was approved by the racing	3118
commission after March 29, 1988, but before June 6, 2001, shall	3119
not commence nor shall the ten-year period begin to run until all	3120
prior tax reductions with respect to the same race track have	3121
ended. The total tax reduction because of capital improvements	3122
shall not during any one year exceed for all permit holders using	3123
any one track three-fourths of one per cent of the total amount	3124
wagered, regardless of the number of capital improvements made.	3125
Several capital improvements to a race track may be consolidated	3126
in an application if the racing commission approved the	3127
application prior to March 29, 1988. No permit holder may receive	3128
a tax reduction for a capital improvement approved by the racing	3129
commission on or after March 29, 1988, at a race track until all	3130
tax reductions have ended for all prior capital improvements	3131
approved by the racing commission under this section or section	3132
3769.20 of the Revised Code at that race track. If there are two	3133
or more permit holders operating meetings at the same track, they	3134
may consolidate their applications. The racing commission shall	3135
notify the tax commissioner when the reduction of tax begins and	3136
when it ends.	3137

Each fiscal year the racing commission shall submit a report	3138
to the tax commissioner, the office of budget and management, and	3139
the legislative service commission. The report shall identify each	3140
capital improvement project undertaken under this division and in	3141
progress at each race track, indicate the total cost of each	3142
project, state the tax reduction that resulted from each project	3143
during the immediately preceding fiscal year, estimate the tax	3144
reduction that will result from each project during the current	3145
fiscal year, state the total tax reduction that resulted from all	3146
such projects at all race tracks during the immediately preceding	3147
fiscal year, and estimate the total tax reduction that will result	3148
from all such projects at all race tracks during the current	3149
fiscal year.	3150

(2) In order to qualify for the reduction in tax, a permit	3151
holder shall apply to the racing commission in such form as the	3152
commission may require and shall provide full details of the new	3153
race track or capital improvement, including a schedule for its	3154
construction and completion, and set forth the costs and expenses	3155
incurred in connection with it. The racing commission shall not	3156
approve an application unless the permit holder shows that a	3157
contract for the new race track or capital improvement has been	3158
let under an unrestricted competitive bidding procedure, unless	3159
the contract is exempted by the controlling board because of its	3160
unusual nature. In determining whether to approve an application,	3161
the racing commission shall consider whether the new race track or	3162
capital improvement will promote the safety, convenience, and	3163
comfort of the racing public and horse owners and generally tend	3164
towards the improvement of racing in this state.	3165

(3) If a new race track or capital improvement is approved by	3166
the racing commission and construction has started, the tax	3167
reduction may be authorized by the commission upon presentation of	3168
copies of paid bills in excess of one hundred thousand dollars or	3169
ten per cent of the approved cost, whichever is greater. After the	3170
initial authorization, the permit holder shall present copies of	3171
paid bills. If the permit holder is in substantial compliance with	3172
the schedule for construction and completion of the new race track	3173
or capital improvement, the racing commission may authorize the	3174
continuation of the tax reduction upon the presentation of the	3175
additional paid bills. The total amount of the tax reduction	3176
authorized shall not exceed the percentage of the approved cost of	3177
the new race track or capital improvement specified in division	3178
(J)(I)(1) of this section. The racing commission may terminate any	3179
tax reduction immediately if a permit holder fails to complete the	3180
new race track or capital improvement, or to substantially comply	3181
with the schedule for construction and completion of the new race	3182
track or capital improvement. If a permit holder fails to complete	3183
a new race track or capital improvement, the racing commission	3184
shall order the permit holder to repay to the state the total	3185
amount of tax reduced. The normal tax paid by the permit holder	3186
shall be increased by three-fourths of one per cent of the total	3187
amount wagered until the total amount of the additional tax	3188
collected equals the total amount of tax reduced.	3189

(4) As used in this section:

3190

(a) "Capital improvement" means an addition, replacement, or	3191
remodeling of a structural unit of a race track facility costing	3192
at least one hundred thousand dollars, including, but not limited	3193
to, the construction of barns used exclusively for the race track	3194
facility, backstretch facilities for horsemen, paddock facilities,	3195
new pari-mutuel and totalizator equipment and appurtenances to	3196
that equipment purchased by the track, new access roads, new	3197
parking areas, the complete reconstruction, reshaping, and	3198
leveling of the racing surface and appurtenances, the installation	3199
of permanent new heating or air conditioning, roof replacement or	3200
restoration, installations of a permanent nature forming a part of	3201
the track structure, and construction of buildings that are	3202
located on a permit holder's premises. "Capital improvement" does	3203
not include the cost of replacement of equipment that is not	3204
permanently installed, ordinary repairs, painting, and maintenance	3205
required to keep a race track facility in ordinary operating	3206
condition.	3207

(b) "New race track" includes the reconstruction of a race	3208
track damaged by fire or other cause that has been declared by the	3209
racing commission, as a result of the damage, to be an inadequate	3210
facility for the safe operation of horse racing.	3211

(c) "Approved cost" includes all debt service and interest	3212
costs that are associated with a capital improvement or new race	3213
track and that the racing commission approves for a tax reduction	3214
under division (J)(I) of this section.	3215

(5) The racing commission shall not approve an application	3216
for a tax reduction under this section if it has reasonable cause	3217
to believe that the actions or negligence of the permit holder	3218
substantially contributed to the damage suffered by the track due	3219
to fire or other cause. The racing commission shall obtain any	3220
data or information available from a fire marshal, law enforcement	3221
official, or insurance company concerning any fire or other damage	3222
suffered by a track, prior to approving an application for a tax	3223
reduction.	3224

(6) The approved cost to which a tax reduction applies shall	3225
be determined by generally accepted accounting principles and	3226
verified by an audit of the permit holder's records upon	3227
completion of the project by the racing commission, or by an	3228
independent certified public accountant selected by the permit	3229
holder and approved by the commission.	3230

(K)(J) No other license or excise tax or fee, except as	3231
provided in sections 3769.01 to 3769.14 of the Revised Code, shall	3232
be assessed or collected from such licensee by any county,	3233
township, district, municipal corporation, or other body having	3234
power to assess or collect a tax or fee. That portion of the tax	3235
paid under this section by permit holders for racing conducted at	3236
and during the course of an agricultural exposition or fair, and	3237
that portion of the tax that would have been paid by eligible	3238
permit holders into the nursing home franchise permit fee fund as	3239
a result of racing conducted at and during the course of an	3240
agricultural exposition or fair, shall be deposited into the state	3241
treasury to the credit of the horse racing tax fund, which is	3242
hereby created for the use of the agricultural societies of the	3243
several counties in which the taxes originate. The state racing	3244
commission shall determine eligible permit holders for purposes of	3245
the preceding sentence, taking into account the breed of horse,	3246
the racing dates, the geographic proximity to the fair, and the	3247
best interests of Ohio racing. On the first day of any month on	3248
which there is money in the fund, the tax commissioner shall	3249
provide for payment to the treasurer of each agricultural society	3250
the amount of the taxes collected under this section upon racing	3251
conducted at and during the course of any exposition or fair	3252
conducted by the society.	3253

(L)(K) From the tax paid under this section by harness track	3254
permit holders, the tax commissioner shall pay into the Ohio	3255
thoroughbred race fund a sum equal to a percentage of the amount	3256
wagered upon which the tax is paid. The percentage shall be	3257
determined by the tax commissioner and shall be rounded to the	3258
nearest one-hundredth. The percentage shall be such that, when	3259
multiplied by the amount wagered upon which tax was paid by the	3260
harness track permit holders in the most recent year for which	3261
final figures are available, it results in a sum that	3262
substantially equals the same amount of tax paid by the tax	3263
commissioner during that year into the Ohio fairs fund from taxes	3264
paid by thoroughbred permit holders. This division does not apply	3265
to county and independent fairs and agricultural societies.	3266

(M)(L) Twenty-five per cent of the taxes levied on	3267
thoroughbred racing permit holders, harness racing permit holders,	3268
and quarter horse racing permit holders under this section,	3269
division (A) of section 3769.087 of the Revised Code, and division	3270
(F)(2) of section 3769.26 of the Revised Code shall be paid into	3271
the nursing home franchise permit fee fund. The tax commissioner	3272
shall pay any money remaining, after the payment into the nursing	3273
home franchise permit fee fund and the reductions provided for in	3274
division (J)(I) of this section and in section 3769.20 of the	3275
Revised Code, into the Ohio fairs fund, Ohio thoroughbred race	3276
fund, Ohio standardbred development fund, Ohio quarter horse fund,	3277
and state racing commission operating fund as prescribed in this	3278
section and division (A) of section 3769.087 of the Revised Code.	3279
The tax commissioner shall thereafter use and apply the balance of	3280
the money paid as a tax by any permit holder to cover any shortage	3281
in the accounts of such funds resulting from an insufficient	3282
payment as a tax by any other permit holder. The moneys received	3283
by the tax commissioner shall be deposited weekly and paid by the	3284
tax commissioner into the funds to cover the total aggregate	3285
amount due from all permit holders to the funds, as calculated	3286
under this section and division (A) of section 3769.087 of the	3287
Revised Code, as applicable. If, after the payment into the	3288
nursing home franchise permit fee fund, sufficient funds are not	3289
available from the tax deposited by the tax commissioner to pay	3290
the required amounts into the Ohio fairs fund, Ohio standardbred	3291
development fund, Ohio thoroughbred race fund, Ohio quarter horse	3292
fund, and the state racing commission operating fund, the tax	3293
commissioner shall prorate on a proportional basis the amount paid	3294
to each of the funds. Any shortage to the funds as a result of a	3295
proration shall be applied against future deposits for the same	3296
calendar year when funds are available. After this application,	3297
the tax commissioner shall pay any remaining money paid as a tax	3298
by all permit holders into the nursing home franchise permit fee	3299
fund. This division does not apply to permit holders conducting	3300
racing at the course of an agricultural exposition or fair as	3301
described in division (K)(J) of this section.	3302

Sec. 3769.087.  (A) In addition to the commission of eighteen	3303
per cent retained by each permit holder as provided in section	3304
3769.08 of the Revised Code, each permit holder shall retain an	3305
additional amount equal to four per cent of the total of all	3306
moneys wagered on each racing day on all wagering pools other than	3307
win, place, and show, of which amount retained an amount equal to	3308
three per cent of the total of all moneys wagered on each racing	3309
day on those pools shall be paid by check, draft, or money order	3310
to the tax commissioner, as a tax. Subject to the restrictions	3311
contained in divisions (B), (C), and (M)(L) of section 3769.08 of	3312
the Revised Code, from such additional moneys paid to the tax	3313
commissioner:	3314

(1) Four-sixths shall be allocated to fund distribution as	3315
provided in division (M)(L) of section 3769.08 of the Revised	3316
Code.	3317

(2) One-twelfth shall be paid into the Ohio fairs fund	3318
created by section 3769.082 of the Revised Code.	3319

(3) One-twelfth of the additional moneys paid to the tax	3320
commissioner by thoroughbred racing permit holders shall be paid	3321
into the Ohio thoroughbred race fund created by section 3769.083	3322
of the Revised Code.	3323

(4) One-twelfth of the additional moneys paid to the tax	3324
commissioner by harness horse racing permit holders shall be paid	3325
to the Ohio standardbred development fund created by section	3326
3769.085 of the Revised Code.	3327

(5) One-twelfth of the additional moneys paid to the tax	3328
commissioner by quarter horse racing permit holders shall be paid	3329
to the Ohio quarter horse development fund created by section	3330
3769.086 of the Revised Code.	3331

(6) One-sixth shall be paid into the state racing commission	3332
operating fund created by section 3769.03 of the Revised Code.	3333

The remaining one per cent that is retained of the total of	3334
all moneys wagered on each racing day on all pools other than win,	3335
place, and show, shall be retained by racing permit holders, and,	3336
except as otherwise provided in section 3769.089 of the Revised	3337
Code, racing permit holders shall use one-half for purse money and	3338
retain one-half.	3339

(B) In addition to the commission of eighteen per cent	3340
retained by each permit holder as provided in section 3769.08 of	3341
the Revised Code and the additional amount retained by each permit	3342
holder as provided in division (A) of this section, each permit	3343
holder shall retain an additional amount equal to one-half of one	3344
per cent of the total of all moneys wagered on each racing day on	3345
all wagering pools other than win, place, and show. The additional	3346
amount retained under this division shall be paid by check, draft,	3347
or money order to the tax commissioner, as a tax. The tax	3348
commissioner shall pay the amount of the tax received under this	3349
division to the state racing commission operating fund created by	3350
section 3769.03 of the Revised Code.	3351

(C) Each permit holder authorized by the state lottery	3352
commission to conduct video lottery terminal gaming shall receive	3353
a commission of video lottery terminal income as set forth in rule	3354
3770:2-3-08 of the Administrative Code. A percentage of that	3355
commission may be paid to the state racing commission for the	3356
benefit of breeding and racing in this state. If so paid, the	3357
percentage paid to the state racing commission shall be based on	3358
rules promulgated by the state racing commission. In addition, the	3359
permit holder shall deposit into the problem casino gambling and	3360
addictions fund one per cent of that commission.	3361

Sec. 3769.089.  (A) As used in this chapter:

3362

(1) "Racing day" means any day authorized under a permit	3363
holder's permit on which, at a simulcast host, either a live	3364
racing program is conducted as authorized under section 3769.07 of	3365
the Revised Code or a simulcast racing program is conducted as	3366
authorized under this section.	3367

(2) "Live racing day" means a racing day on which a live	3368
racing program is conducted by the permit holder along with	3369
simulcasts of all other available racing programs from within this	3370
state and simulcast racing programs from outside this state as	3371
authorized under this section.	3372

(3) "Live racing program" means a racing program consisting	3373
of no fewer than seven live horse races at thoroughbred tracks and	3374
nine live races at standardbred tracks and additional horse races	3375
simulcast from other facilities located either inside or outside	3376
this state, in which not more than two horse races on which	3377
pari-mutuel wagering is conducted are simulcast from facilities	3378
located outside this state. If only one racing meeting of a	3379
particular breed of horse is being held, no fewer than nine live	3380
horse races shall be held on a live racing day. If, during the	3381
course of a racing meeting at a standardbred track, the racing	3382
secretary of the permit holder determines that there is an	3383
insufficient number of entries to have a full field of eight	3384
horses for each of nine races on a live racing program, then the	3385
racing secretary of the permit holder, after consultation with the	3386
Ohio harness horsemens association, may reduce the number of live	3387
races on that live racing program from nine to either eight or	3388
seven, as the racing secretary may determine. The racing secretary	3389
shall not reduce the live racing program to less than seven live	3390
races. If during the course of a meeting at a thoroughbred track,	3391
the racing secretary of a permit holder determines that there is	3392
an insufficient number of entries to have a full field of eight	3393
horses for each of nine races on a live racing program, then the	3394
racing secretary of the permit holder, with the consent of the	3395
thoroughbred horsemens association, may reduce the number of live	3396
races on that live racing program from nine to either eight or	3397
seven, as the racing secretary may determine. The racing secretary	3398
shall not reduce the live racing program to less than seven live	3399
races. No more than seventeen races on which pari-mutuel wagering	3400
is conducted, including both live races and races simulcast from	3401
other facilities located either inside or outside this state,	3402
shall be part of a live racing program.	3403

(4) "Simulcast host" means a track or enclosure in this state	3404
where, on a racing day, a permit holder is doing one or both of	3405
the following:	3406

(a) Conducting a live racing program and offering this	3407
program for simulcasting to one or more simulcast guests and	3408
satellite facilities in this state;	3409

(b) Receiving a simulcast racing program for simulcasting to	3410
one or more simulcast guests and satellite facilities in this	3411
state.	3412

(5) "Simulcast guest" means any track or enclosure that is	3413
receiving from a simulcast host, on a day other than a racing day,	3414
a live racing program or a simulcast racing program.	3415

(6) "Simulcast racing program" means all simulcasts of horse	3416
races to a simulcast host or simulcast guest on a racing day or on	3417
any other day on which pari-mutuel wagering is conducted, but does	3418
not include any simulcast horse races from inside or outside this	3419
state that are included in a simulcast host's live racing program.	3420

(7) "Satellite facility" has the same meaning as in section	3421
3769.25 of the Revised Code.	3422

(8) "Collection and settlement agent" has the same meaning as	3423
in section 3769.0810 of the Revised Code.	3424

(9) "Special racing event" means individual races in live	3425
racing programs or simulcast racing programs, and simulcast racing	3426
programs on special event days under division (C) of this section,	3427
conducted at facilities located outside this state for which the	3428
track, racing association, or state regulatory agency conducting	3429
such races charges a simulcast host a fee for the privilege of	3430
receiving a simulcast of such races into this state that is higher	3431
than the customary and regular fee charged for simulcast races	3432
because of the status or popularity of such races.	3433

(B)(1) The state racing commission shall, upon request by any	3434
permit holder, permit electronically televised simulcasts of horse	3435
races at the permit holder's track or enclosure on racing days	3436
authorized by the permit holder's permit. Except as provided in	3437
division (B) of this section, the commission shall not permit the	3438
simulcast of any simulcast racing program conducted at tracks or	3439
facilities located outside this state unless the out-of-state	3440
simulcast racing program is available to all permit holders,	3441
whether serving as simulcast hosts or simulcast guests, and all	3442
satellite facilities, in this state open and operating on that	3443
day. A permit holder or satellite facility may inform the	3444
commission that it waives the right to receive the simulcast of a	3445
simulcast racing program or a race in a simulcast racing program	3446
on that day and in this event the simulcast racing program or	3447
simulcast race shall be available to all other simulcast hosts,	3448
simulcast guests, and satellite facilities open and operating in	3449
this state on that day.	3450

In order for a permit holder to offer simulcasts of horse	3451
races conducted at facilities located outside this state, the	3452
permit holder shall have conducted live racing programs during the	3453
immediately preceding calendar year on a number of days that is	3454
not less than the number of regular live racing days it conducted	3455
in calendar year 1991, not including additional racing days	3456
conducted in calendar year 1991 by the permit holder at a	3457
winterized facility under a permit issued under section 3769.07 of	3458
the Revised Code, as certified by the commission. In satisfying	3459
the foregoing requirement for live racing days during the	3460
immediately preceding calendar year, a permit holder may include	3461
the number of days on which live racing programs were conducted	3462
under a permit issued under section 3769.07 of the Revised Code	3463
for additional racing days at a winterized facility. In addition,	3464
in order for a permit holder to offer simulcasts of horse races	3465
conducted at facilities located outside this state, the permit	3466
holder shall offer all simulcasts of horse races conducted in this	3467
state made available to it.	3468

In order for a permit holder to offer simulcasts of races	3469
conducted at race tracks located outside this state at the same	3470
time and during the hours in which the live races of a live racing	3471
program are being conducted at its track, a permit holder	3472
conducting a thoroughbred live racing program shall obtain the	3473
consent of the thoroughbred horsemens association and a permit	3474
holder conducting a harness live racing program shall obtain the	3475
consent of the Ohio harness horsemens association. The consent of	3476
the horsemen's organization shall not be unreasonably withheld,	3477
and shall be consistent with the interest of preserving live	3478
racing in this state. If a horsemen's organization withholds its	3479
consent, the permit holder may file an objection with the	3480
commission, which shall promptly consider the objection and	3481
determine whether the horsemen's organization's action in	3482
withholding consent is without substantial merit and, if the	3483
commission so determines, shall authorize the permit holder to	3484
simulcast the simulcast racing programs. The determination of the	3485
commission is final. A permit holder, as a simulcast host, may	3486
offer simulcast racing programs at its track or enclosure of races	3487
conducted at tracks and facilities located outside this state	3488
prior to the commencement of, and following the conclusion of, its	3489
live races without obtaining the consent of a horsemen's	3490
organization under this division.	3491

(2) Notwithstanding section 3769.07 of the Revised Code:

3492

(a) In calendar year 2013, the permit holder at each	3493
standardbred track shall conduct a minimum of seventy-five live	3494
racing days. In calendar year 2013, the permit holder at each	3495
thoroughbred track shall conduct a minimum of seventy-five live	3496
racing days or the number of live racing days that were conducted	3497
at that track in calendar year 2012, whichever is greater. The	3498
live racing days shall be selected by the permit holder, but are	3499
subject to the approval of the commission.	3500

(b) In calendar year 2014, the permit holder at each	3501
standardbred track shall conduct a minimum of one hundred live	3502
racing days. In calendar year 2014, the permit holder at each	3503
thoroughbred track shall conduct a minimum of one hundred live	3504
racing days or the number of live racing days that were conducted	3505
at that track in calendar year 2012, whichever is greater. The	3506
live racing days shall be selected by the permit holder, but are	3507
subject to the approval of the commission.	3508

(c) A permit holder shall conduct a minimum of one hundred	3509
twenty-five live racing days and a maximum of two hundred ten live	3510
racing days in calendar year 2015 and in each subsequent calendar	3511
year. The live racing days shall be selected by the permit holder,	3512
but are subject to the approval of the commission.	3513

(3) For the purposes of division (B)(2) of this section, for	3514
live racing conducted at a track with more than one permit, the	3515
minimum and maximum live racing days shall apply to those permits	3516
collectively and not as a single permit.	3517

(4) In addition to the required live racing days, a permit	3518
holder shall simulcast a simulcast racing program on a minimum of	3519
three hundred sixty days each calendar year. The permit holder	3520
shall simulcast all simulcast racing programs conducted in this	3521
state and made available to the permit holder and simulcast racing	3522
programs conducted outside this state.	3523

(5) The commission may make exception to the required minimum	3524
number of live racing days or simulcast racing program days in	3525
instances of natural disaster or other unexpected circumstances as	3526
defined by the commission, in its sole discretion. For any	3527
calendar year, the horsemen's association at each track may	3528
negotiate an agreement with the permit holder for that track to	3529
reduce the number of live racing days at that track to less than	3530
the minimum live racing days required by division (B)(2)(a), (b),	3531
or (c) of this section, as applicable, or to increase the number	3532
of live racing days at that track to a number that is greater than	3533
the maximum live racing days permitted by division (B)(2)(c) of	3534
this section, subject to the approval of the commission. These	3535
negotiations shall not reduce the number of live racing days to	3536
less than fifty days per calendar year.	3537

(6) To satisfy the requirement of live racing days, a permit	3538
holder may include the number of days on which live racing	3539
programs were conducted under a permit issued under section	3540
3769.07 of the Revised Code for racing days authorized at a	3541
winterized facility.	3542

(7) Notwithstanding any other provision related to simulcast	3543
racing programs, in order for a permit holder to offer simulcast	3544
racing programs of races conducted at tracks located outside this	3545
state at the same time and during the hours in which the live	3546
races of a live racing program are being conducted at its track, a	3547
permit holder conducting a thoroughbred live racing program shall	3548
obtain the consent of the thoroughbred horsemen's association and	3549
a permit holder conducting a harness live racing program shall	3550
obtain the consent of the Ohio harness horsemen's association. The	3551
consent of the applicable horsemen's association shall be	3552
consistent with the interest of preserving live racing in this	3553
state. A permit holder, as a simulcast host, may offer simulcast	3554
racing programs at its track or enclosure of races conducted at	3555
tracks and facilities located outside this state before the	3556
commencement of, and following the conclusion of, its live races	3557
without obtaining the consent of a horsemen's association under	3558
this division.	3559

(C) The commission shall allocate to each track one racing	3560
day for each permit holder during each calendar year for the	3561
conduct of a live racing program on which a permit holder may	3562
conduct as few as one live horse race, with the remainder of the	3563
horse races on that racing day on which pari-mutuel wagering is	3564
conducted as part of the live racing program being simulcast from	3565
other tracks and facilities located either inside or outside this	3566
state. In addition, the commission may allocate to each permit	3567
holder racing days on which it may as part of a live racing	3568
program simulcast more than two horse races from facilities	3569
located outside this state if the horse races involve a national	3570
wagering pool and pari-mutuel wagering is conducted on the	3571
national wagering pool, but on such a racing day there shall in no	3572
event be more than two horse races simulcast from facilities	3573
located outside this state included in a live racing program on	3574
which separate pari-mutuel wagering is conducted. As used in this	3575
division, "national wagering pool" means an interstate or	3576
intrastate common pari-mutuel wagering pool involving two or more	3577
selections covering two or more horse races conducted at tracks	3578
located inside or outside this state.	3579

In emergency situations, the commission may authorize a live	3580
racing day at a track in which all horse races on that racing day	3581
on which pari-mutuel wagering is conducted are simulcast from	3582
tracks and facilities located either inside or outside this state	3583
with the consent of the thoroughbred horsemens association for a	3584
track conducting a thoroughbred live racing program and with the	3585
consent of the Ohio harness horsemens association for a track	3586
conducting a harness live racing program. If a horsemen's	3587
organization withholds its consent, the permit holder may file an	3588
objection with the commission, which shall promptly consider the	3589
objection and determine whether the horsemen's organization's	3590
action in withholding consent is without substantial merit and, if	3591
the commission so determines, shall authorize the permit holder to	3592
simulcast the simulcast racing programs. The determination of the	3593
commission is final.	3594

(D) On any day that a racing day has been applied for at any	3595
track in this state, each track in this state may operate as	3596
either a simulcast host or a simulcast guest and may conduct, with	3597
the approval of the state racing commission, pari-mutuel wagering	3598
on all simulcasts of races conducted inside this state made	3599
available to it plus all simulcasts of races conducted at	3600
facilities located outside this state as determined by the	3601
simulcast hosts. Except as otherwise provided in this section, any	3602
simulcast host or simulcast guest may receive and conduct	3603
simulcast racing programs that feature any breed of horse at any	3604
time of day, as authorized by the commission. Those persons	3605
holding state fair, county fair, or other fair permits shall not	3606
receive a simulcast racing program on which pari-mutuel wagering	3607
is conducted, except that a holder of a permit issued under	3608
section 3769.07 of the Revised Code that has been authorized by	3609
the commission to conduct races of the state fair, a county fair,	3610
or other fair at a commercial track may receive and conduct	3611
simulcast racing programs as a simulcast host or simulcast guest	3612
at the same time in conjunction with the live racing program of	3613
the state fair, county fair, or other fair permit holder conducted	3614
at its track.	3615

The simulcast hosts, with the approval of the state racing	3616
commission, shall determine which simulcast racing programs	3617
offered by race tracks located outside this state will be	3618
simulcast at their tracks and at all simulcast hosts, simulcast	3619
guests, and satellite facilities in this state that are open and	3620
operating during the hours that the simulcast hosts are operating.	3621
Simulcast guests and satellite facilities shall receive all	3622
approved simulcast racing programs offered by simulcast hosts. In	3623
addition, a simulcast host and simulcast guest, with the approval	3624
of the commission, may also receive simulcast horse races and	3625
simulcast racing programs not agreed to by simulcast hosts.	3626

A simulcast host that normally operates during the day only	3627
may serve as a simulcast host for only day-simulcast racing	3628
programs, which include all simulcast racing programs that	3629
commence at a track located outside this state on or before four	3630
p.m. A simulcast host that normally operates during the evening	3631
only may serve as a simulcast host for only evening-simulcast	3632
racing programs, which include all simulcast racing programs that	3633
commence at a track located outside this state on or after three	3634
p.m. A simulcast host that normally operates during the evening,	3635
but that under its permit conducts live racing programs during the	3636
day, may serve as a simulcast host for day-simulcast racing	3637
programs. A permit holder that is offering at its track simulcast	3638
racing programs that commence at a track located outside this	3639
state on or before four p.m. and simulcast racing programs that	3640
commence at a track located outside this state on or after three	3641
p.m. may serve as a simulcast host for both the day-simulcast	3642
racing program and the evening-simulcast racing program only if no	3643
other permit holder is serving as a simulcast host for the other	3644
simulcast racing programs. The times listed in this and the	3645
immediately following paragraphs are standard time as described in	3646
section 1.04 of the Revised Code and in the "Uniform Time Act of	3647
1966," 80 Stat. 107, 15 U.S.C. 260 to 265.	3648

If a simulcast host is conducting a racing program that	3649
features thoroughbred or quarter horses on the same day that	3650
another simulcast host is conducting a live racing program that	3651
features harness horses at a track located in the same county as,	3652
or within twenty miles of, the track of the first simulcast host,	3653
the first simulcast host shall not conduct pari-mutuel wagering on	3654
simulcast racing programs that commence after four p.m. on that	3655
day and the second simulcast host shall not conduct wagering on	3656
simulcast racing programs that commence before three p.m. on that	3657
day.	3658

A simulcast host that is conducting a live racing program and	3659
is simulcasting that program to other simulcast hosts and	3660
simulcast guests in this state shall receive from each simulcast	3661
host and each simulcast guest receiving the simulcast an	3662
intrastate simulcast fee of one and three-eighths per cent of the	3663
amounts wagered on such simulcast racing program at its	3664
facilities. The simulcast hosts and simulcast guests receiving	3665
such simulcast racing program shall pay the intrastate simulcast	3666
fee to the collection and settlement agent, and the fee shall be	3667
disbursed by the agent, at the time and in the manner provided in	3668
section 3769.0810 of the Revised Code.	3669

(E)(1) The moneys wagered on simulcast racing programs on a	3670
racing day shall be separated from the moneys wagered on the live	3671
racing program on that racing day. From the moneys wagered on the	3672
simulcast races, each permit holder may retain as a commission the	3673
percentage of the amount wagered as specified in sections 3769.08	3674
and 3769.087 of the Revised Code, as applicable, and shall pay, by	3675
check, draft, or money order to the state tax commissioner, as a	3676
tax, the tax specified in sections 3769.08 and 3769.087 of the	3677
Revised Code, as applicable. From the tax collected, the tax	3678
commissioner shall make the distributions to the respective funds,	3679
and in the proper amounts, as required by sections 3769.08 and	3680
3769.087 of the Revised Code, as applicable. Except as provided in	3681
divisions (E)(2) and (3) of this section, from the amount	3682
remaining after the payment of state taxes on the moneys wagered	3683
on live racing programs and on the moneys wagered on simulcast	3684
racing programs, a permit holder shall retain an amount equal to	3685
two and three-eightsthree-eighths per cent of the amount wagered	3686
on live racing programs and on intrastate and interstate simulcast	3687
racing programs simulcast at its track and on the amount wagered	3688
on the live racing programs and simulcast racing programs at a	3689
satellite facility allocated to it under section 3769.26 of the	3690
Revised Code, as a fee to pay for those costs associated with the	3691
reception and transmission of simulcasts and the administrative	3692
cost of the conduct of live racing programs and simulcast racing	3693
programs. From the remaining balance, one-half shall be retained	3694
by the permit holder for purses. On a day when a permit holder	3695
conducts a live racing program, all purse money generated from	3696
wagering on live racing programs and on simulcast racing programs	3697
at its track shall be used for that permit holder's purse account.	3698
On a day when a permit holder operates as a simulcast host with no	3699
live racing program, or operates as a simulcast guest, all purse	3700
money generated from wagering on intrastate and interstate	3701
simulcast racing programs shall be paid to the state racing	3702
commission for deposit into the Ohio combined simulcast horse	3703
racing purse fund created under this section. In addition, on a	3704
day when a permit holder serves as a simulcast host for a	3705
satellite facility, all purse money generated from amounts wagered	3706
at the satellite facility allocated to the permit holder under	3707
section 3769.26 of the Revised Code shall be paid to the	3708
commission for deposit into the Ohio simulcast horse racing purse	3709
fund.	3710

(2) If there are not four satellite facilities in operation	3711
in this state within one year after the effective date of this	3712
sectionSeptember 19, 1996, or if there are not seven satellite	3713
facilities in operation in this state within two years after the	3714
effective date of this sectionSeptember 19, 1996, or if there are	3715
not ten satellite facilities in operation in this state within	3716
three years after the effective date of this sectionSeptember 19,	3717
1996, then in any such event the amount to be retained as a fee by	3718
the permit holder under division (E)(1) of this section shall be	3719
one and seven-eighths per cent until such time as the number of	3720
satellite facilities specified in division (E)(2) of this section	3721
are in operation. For good cause shown, the thoroughbred horsemens	3722
association and Ohio harness horsemens association may waive the	3723
requirements of division (E)(2) of this section or extend the date	3724
for compliance as to any year by filing a written notification	3725
with the state racing commission.	3726

(3) If a simulcast racing program simulcast by a simulcast	3727
host at its track or enclosure and to other simulcast hosts,	3728
simulcast guests, and satellite facilities in this state is a	3729
special racing event, the permit holder offering the special	3730
racing event and other simulcast hosts, simulcast guests, and	3731
satellite facilities receiving the special racing event shall not	3732
retain the fee provided under division (E)(1) or (2) of this	3733
section but shall retain from the moneys wagered on the special	3734
racing event an amount equal to the fee charged by the track,	3735
racing association, or state regulatory agency simulcasting the	3736
special racing event to the simulcast host. From the remaining	3737
balance, one-half shall be retained by the permit holder for	3738
purses in the manner provided in division (E)(1) of this section.	3739

A permit holder proposing to simulcast a special racing event	3740
as a simulcast host shall advise its horsemen's organization of	3741
the proposed schedule of the special racing event and obtain its	3742
consent to this schedule. The consent of the horsemen's	3743
organization shall not be unreasonably withheld and shall be	3744
consistent with the interest of preserving live racing in this	3745
state. If the horsemen's organization withholds its consent, the	3746
permit holder may file an objection with the state racing	3747
commission, which shall promptly consider the objection and	3748
determine whether the organization's action in withholding consent	3749
is without substantial merit and, if the commission so determines,	3750
shall authorize the permit holder to simulcast the special racing	3751
event. The determination of the commission is final.	3752

(F) There is hereby created in the state treasury the Ohio	3753
combined simulcast horse racing purse fund, to consist of moneys	3754
paid into it by permit holders pursuant to division (E) of this	3755
section and by satellite facilities pursuant to division (F) of	3756
section 3769.26 of the Revised Code. Moneys to the credit of the	3757
fund, including interest earned thereon, may be used by the	3758
commission for the costs of administering this division and the	3759
balance shall be distributed among permit holders no less	3760
frequently than monthly to each permit holder's purse account on	3761
order of the commission.	3762

For each calendar year, permit holders at each track shall	3763
receive a share of each distribution of the Ohio combined	3764
simulcast horse racing purse fund in the same percentage, rounded	3765
to the nearest one-hundredth of the amount of each distribution,	3766
as the average total amount wagered at the track on racing days at	3767
which live racing programs were conducted, including the amount	3768
allocated to the track under section 3769.26 of the Revised Code	3769
for live races, during the five calendar years immediately	3770
preceding the year for which the distribution is made bears to the	3771
average annual total amount wagered at all tracks in the state	3772
operating under permits issued by the state racing commission	3773
under section 3769.07, 3769.071, or 3769.072 of the Revised Code	3774
on all racing days at which live racing programs were conducted,	3775
including the amount allocated to the tracks under section 3769.26	3776
of the Revised Code for live races, during the five calendar years	3777
immediately preceding the year for which the distribution is made.	3778
By the thirty-first day of January of each year the commission	3779
shall calculate the share of the permit holders at each track for	3780
that year, shall enter the share percentages in its official	3781
records, and shall notify all permit holders of the share	3782
percentages of all tracks for that calendar year.	3783

The permit holders at each track, with the approval of the	3784
commission, shall allocate their share of the fund as distributed	3785
to the purse account of each permit holder for each race meeting.	3786

The commission shall cause to be kept accurate records of its	3787
administration of the fund, including all administrative expenses	3788
incurred by it and charged to the fund, and of distributions to	3789
permit holders. These records are public records available for	3790
inspection at any time during the regular business hours of the	3791
commission by any permit holder or horsemen's organization, by an	3792
authorized agent of the permit holder or horsemen's organization,	3793
or by any other person.	3794

(G) Upon the approval of the commission, a permit holder	3795
conducting live racing programs may transmit electronically	3796
televised simulcasts of horse races conducted at the permit	3797
holder's track to racing associations, tracks, and facilities	3798
located outside this state for the conduct of pari-mutuel wagering	3799
thereon, at the times, on the terms, and for the fee agreed upon	3800
by the permit holder and the receiving racing association, track,	3801
or facility. From the fees paid to the permit holder for such	3802
simulcasts, a permit holder shall retain for the costs of	3803
administration a fee in an amount equal to one per cent of the	3804
amount wagered on the races simulcast by the permit holder. From	3805
the remaining balance of the fee, one-half shall be retained by	3806
the permit holder for purses, except that notwithstanding the fee	3807
arrangement between the permit holder and the receiving racing	3808
association, track, or facility, the permit holder shall deposit	3809
into its purse account not less than an amount equal to	3810
three-fourths of one per cent of the amount wagered at racing	3811
associations, tracks, and facilities located outside the state on	3812
the races simulcast by the permit holder.	3813

All televised simulcasts of horse races conducted in this	3814
state to racing associations, tracks, and facilities located	3815
outside this state shall comply with the "Interstate Horse Racing	3816
Act of 1978," 92 Stat. 1811, 15 U.S.C.A. 3001 to 3007. The consent	3817
of the horsemen's organization at the track of the permit holder	3818
applying to the commission to simulcast horse races conducted at	3819
the permit holder's track to racing associations, tracks, and	3820
facilities located outside this state shall not be unreasonably	3821
withheld and shall be consistent with the interest of preserving	3822
live racing. If a horsemen's organization withholds its consent,	3823
the permit holder may file an objection with the commission, which	3824
shall promptly consider the objection and determine whether the	3825
horsemen's organization's action in withholding consent is without	3826
substantial merit and, if the commission so determines, shall	3827
authorize the permit holder to simulcast the races. The	3828
determination of the commission is final.	3829

(H)(1) The state racing commission may authorize any permit	3830
holder that is authorized to conduct live horse racing on racing	3831
days and that conducts pari-mutuel wagering on simulcasts of horse	3832
races under this section that are conducted at race tracks either	3833
inside or outside this state to conduct, supervise, and	3834
participate in interstate and intrastate common pari-mutuel	3835
wagering pools on those races in the manner provided in division	3836
(H) of this section. Except as otherwise expressly provided in	3837
division (H) of this section or in the rules of the state racing	3838
commission, the provisions of this chapter that govern pari-mutuel	3839
wagering apply to interstate or intrastate common pari-mutuel	3840
wagering pools.	3841

(2) Subject to the approval of the state racing commission,	3842
the types of wagering, calculation of the commission retained by	3843
the permit holder, tax rates, distribution of winnings, and rules	3844
of racing in effect for pari-mutuel wagering pools at the host	3845
track may govern wagers placed at a receiving track in this state	3846
and merged into an interstate or intrastate common pari-mutuel	3847
wagering pool. Breakage from interstate or intrastate common	3848
pari-mutuel wagering pools shall be calculated in accordance with	3849
the rules that govern the host track and shall be distributed	3850
among the tracks participating in the interstate or intrastate	3851
common wagering pool in a manner agreed to by the participating	3852
tracks and the host track. An interstate common pari-mutuel	3853
wagering pool formed under division (H)(3) of this section is	3854
subject to that division rather than to division (H)(2) of this	3855
section.	3856

(3) Subject to the approval of the state racing commission,	3857
an interstate common pari-mutuel wagering pool may be formed	3858
between a permit holder and one or more receiving tracks located	3859
in states other than the state in which the host track is located.	3860
The commission may approve types of wagering, calculation of the	3861
commission retained by the permit holder, tax rates, distribution	3862
of winnings, rules of racing, and calculation of breakage for such	3863
an interstate common pari-mutuel wagering pool that differ from	3864
those that would otherwise be applied in this state under this	3865
chapter but that are consistent for all tracks participating in	3866
the interstate common pari-mutuel wagering pool formed under	3867
division (H)(3) of this section.	3868

(4) As used in division (H) of this section:

3869

(a) "Host track" means a track where live horse races are	3870
conducted and offered for simulcasting to receiving tracks.	3871

(b) "Receiving track" means a track where simulcasts of races	3872
from a host track are displayed and wagered on.	3873

(I) Each permit holder is responsible for paying all costs	3874
associated with the up-link for, and reception of, simulcasts, and	3875
the conduct and operation of simulcast racing programs, for all	3876
fees and costs associated with serving as a simulcast host or	3877
simulcast guest, and for any required fees payable to the tracks,	3878
racing associations, or state regulatory agencies where simulcast	3879
racing is conducted at tracks located outside this state.	3880

(J) No license, fee, or excise tax, other than as specified	3881
in division (E) of this section, shall be assessed upon or	3882
collected from a permit holder or the owners of a permit holder in	3883
connection with, or pertaining to, the operation and conduct of	3884
simulcast racing programs in this state, by any county, township,	3885
municipal corporation, district, or other body having the	3886
authority to assess or collect a tax or fee.	3887

(K)(1) Permit holders operating tracks within the same county	3888
or adjacent counties that are conducting simulcast racing programs	3889
under this section may enter into agreements regarding the conduct	3890
of simulcast racing programs at their respective tracks and the	3891
sharing of the retained commissions therefrom, for such periods of	3892
time, upon such terms and conditions, and subject to such rights	3893
and obligations, as the contracting permit holders consider	3894
appropriate under the circumstances. Permit holders so contracting	3895
shall notify the state racing commission of their entry into an	3896
agreement pursuant to this division, the names of the permit	3897
holders that are parties to the agreement, and the length of the	3898
term oftime the agreement shall be in effect.	3899

(2) Permit holders and the thoroughbred horsemens association	3900
and Ohio harness horsemens association may agree to do any of the	3901
following:	3902

(a) Increase or reduce the fees and amounts to be retained by	3903
the permit holders under this section;	3904

(b) Increase or reduce the fees and amounts to be allocated	3905
to the purse accounts orof permit holders under this section;	3906

(c) Increase or reduce the fees to be paid between and among	3907
simulcast hosts and simulcast guests under this section and under	3908
division (C) of section 3769.0810 of the Revised Code;	3909

(d) Modify, suspend, or waive the requirements set forth in	3910
division (B) of this section as to any permit holder or as to all	3911
permit holders.	3912

All permit holders and both horsemen's organizations shall	3913
approve such agreement. Any agreement entered into under division	3914
(K)(2) of this section shall set forth the effective date of any	3915
such increase or reduction, and the terms and provisions of the	3916
agreement, and a copy of the agreement shall be filed with the	3917
state racing commission.	3918

Sec. 3769.201.  The holder of a permit issued under section	3919
3769.06 of the Revised Code may apply to the state racing	3920
commission for the tax reduction available under section 3769.20	3921
of the Revised Code for the cost to the permit holder of any	3922
cleanup, repair, or improvement required as a result of damage	3923
caused by the 1997 Ohio river flood to the place, track, or	3924
enclosure for which the permit is issued. As part of the	3925
application, the permit holder shall submit evidence of payment of	3926
the cost of the cleanup, repair, or improvement. The commission	3927
shall approve the tax reduction in the amount of the cost to the	3928
permit holder, net of any insurance proceeds, of any cleanup,	3929
repair, or improvement the commission determines was required as a	3930
result of damage caused by the flood. The permit holder need not	3931
have followed unrestricted competitive bidding procedures as	3932
required under section 3769.20 of the Revised Code to qualify for	3933
the reduction under this section.	3934

The permit holder shall claim the tax reduction under this	3935
section in the same manner as if it were a tax reduction for a	3936
major capital improvement project under section 3769.20 of the	3937
Revised Code. The percentage of the reduction that may be taken	3938
each racing day shall equal the percentage allowed for a reduction	3939
under section 3769.20 of the Revised Code. A reduction under this	3940
section shall be in addition to, and shall be taken after	3941
completion of, a reduction approved under section 3769.20 or	3942
division (J)(I) of section 3769.08 of the Revised Code. A permit	3943
holder shall not take a reduction under this section for a repair	3944
or improvement for which a reduction is taken under section	3945
3769.20 or division (J)(I) of section 3769.08 of the Revised Code.	3946

Sec. 3769.21.  (A) A corporation may be formed pursuant to	3947
Chapter 1702. of the Revised Code to establish a thoroughbred	3948
horsemen's health and retirement fund and a corporation may be	3949
formed pursuant to Chapter 1702. of the Revised Code to establish	3950
a harness horsemen's health and retirement fund to be administered	3951
for the benefit of horsemen. As used in this section, "horsemen"	3952
includes any person involved in the owning, breeding, training,	3953
grooming, or racing of horses which race in Ohio, except for the	3954
owners or managers of race tracks. For purposes of the	3955
thoroughbred horsemen's health and retirement fund, "horsemen"	3956
also does not include trainers and grooms who are not members of	3957
the thoroughbred horsemen's organization in this state. No more	3958
than one corporation to establish a thoroughbred horsemen's health	3959
and retirement fund and no more than one corporation to establish	3960
a harness horsemen's health and retirement fund may be established	3961
in Ohio pursuant to this section. The trustees of the corporation	3962
formed to establish a thoroughbred horsemen's health and	3963
retirement fund shall have the discretion to determine which	3964
horsemen shall benefit from such fund.	3965

(B) The articles of incorporation of both of the corporations	3966
described in division (A) of this section shall provide for at	3967
least the following:	3968

(1) The corporation shall be governed by, and the health and	3969
retirement fund shall be administered by, a board of three	3970
trustees appointed pursuant to division (C) of this section for	3971
staggered three-year terms.	3972

(2) The board of trustees shall adopt and administer a plan	3973
to provide health benefits, retirement benefits, or both to either	3974
thoroughbred or harness horsemen.	3975

(3) The sum paid to the corporation pursuant to division (F)	3976
or (G) or (H) of section 3769.08 of the Revised Code shall be used	3977
exclusively to establish and administer the health and retirement	3978
fund, and to finance benefits paid to horsemen pursuant to the	3979
plan adopted under division (B)(2) of this section.	3980

(4) The articles of incorporation and code of regulations of	3981
the corporation may be amended at any time by the board of	3982
trustees pursuant to the method set forth in the articles of	3983
incorporation and code of regulations, except that no amendment	3984
shall be adopted which is inconsistent with this section.	3985

(C) Within sixty days after the formation of each of the	3986
corporations described in division (A) of this section, the state	3987
racing commission shall appoint the members of the board of	3988
trustees of that corporation. Vacancies shall be filled by the	3989
state racing commission in the same manner as initial	3990
appointments. Each trustee of the thoroughbred horsemen's health	3991
and retirement fund appointed by the commission shall be active as	3992
a thoroughbred horseman while serving a term as a trustee and	3993
shall have been active as a thoroughbred horseman for at least	3994
five years immediately prior to the commencement of any such term.	3995
Each trustee of the harness horsemen's health and retirement fund	3996
appointed by the commission shall be active as a harness horseman	3997
while serving a term as a trustee and shall have been active as a	3998
harness horseman for at least five years immediately prior to the	3999
commencement of any such term. The incorporators of either such	4000
corporation may serve as initial trustees until the state racing	4001
commission acts pursuant to this section to make these	4002
appointments.	4003

(D) The intent of the general assembly in enacting this	4004
section pursuant to Amended House Bill No. 639 of the 115th	4005
general assembly was to fulfill a legitimate government	4006
responsibility in a manner that would be more cost efficient and	4007
effective than direct state agency administration by permitting	4008
nonprofit corporations to be formed to establish health and	4009
retirement funds for the benefit of harness and thoroughbred	4010
horsemen, as it was determined that such persons were in need of	4011
such benefits.	4012

Sec. 3770.02.  (A) Subject to the advice and consent of the	4013
senate, the governor shall appoint a director of the state lottery	4014
commission who shall serve at the pleasure of the governor. The	4015
director shall devote full time to the duties of the office and	4016
shall hold no other office or employment. The director shall meet	4017
all requirements for appointment as a member of the commission and	4018
shall, by experience and training, possess management skills that	4019
equip the director to administer an enterprise of the nature of a	4020
state lottery. The director shall receive an annual salary in	4021
accordance with pay range 48 of section 124.152 of the Revised	4022
Code.	4023

(B)(1) The director shall attend all meetings of the	4024
commission and shall act as its secretary. The director shall keep	4025
a record of all commission proceedings and shall keep the	4026
commission's records, files, and documents at the commission's	4027
principal office. All records of the commission's meetings shall	4028
be available for inspection by any member of the public, upon a	4029
showing of good cause and prior notification to the director.	4030

(2) The director shall be the commission's executive officer	4031
and shall be responsible for keeping all commission records and	4032
supervising and administering the state lottery in accordance with	4033
this chapter, and carrying out all commission rules adopted under	4034
section 3770.03 of the Revised Code.	4035

(C)(1) The director shall appoint an assistant director,	4036
deputy directors of marketing, operations, sales, finance, public	4037
relations, security, and administration, and as many regional	4038
managers as are required. The director may also appoint necessary	4039
professional, technical, and clerical assistants. All such	4040
officers and employees shall be appointed and compensated pursuant	4041
to Chapter 124. of the Revised Code. Regional and assistant	4042
regional managers, sales representatives, and any lottery	4043
executive account representatives shall remain in the unclassified	4044
service.	4045

(2) The director, in consultation with the director of	4046
administrative services, may establish standards of proficiency	4047
and productivity for commission field representatives.	4048

(D) The director shall request the bureau of criminal	4049
identification and investigation, the department of public safety,	4050
or any other state, local, or federal agency to supply the	4051
director with the criminal records of any job applicant and may	4052
periodically request the criminal records of commission employees.	4053
At or prior to the time of making such a request, the director	4054
shall require a job applicant or commission employee to obtain	4055
fingerprint cards prescribed by the superintendent of the bureau	4056
of criminal identification and investigation at a qualified law	4057
enforcement agency, and the director shall cause these fingerprint	4058
cards to be forwarded to the bureau of criminal identification and	4059
investigation and the federal bureau of investigation. The	4060
commission shall assume the cost of obtaining the fingerprint	4061
cards and shall pay to each agency supplying criminal records for	4062
each investigation under this division a reasonable fee, as	4063
determined by the agency.	4064

(E) The director shall license lottery sales agents pursuant	4065
to section 3770.05 of the Revised Code and, when it is considered	4066
necessary, may revoke or suspend the license of any lottery sales	4067
agent. The director may license video lottery technology	4068
providers, independent testing laboratories, and gaming employees,	4069
and promulgate rules relating thereto. When the director considers	4070
it necessary, the director may suspend or revoke the license of a	4071
video lottery technology provider, independent testing laboratory,	4072
or gaming employee, including suspension or revocation without	4073
affording an opportunity for a prior hearing under section 119.07	4074
of the Revised Code when the public safety, convenience, or trust	4075
requires immediate action.	4076

(F) The director shall confer at least once each month with	4077
the commission, at which time the director shall advise it	4078
regarding the operation and administration of the lottery. The	4079
director shall make available at the request of the commission all	4080
documents, files, and other records pertaining to the operation	4081
and administration of the lottery. The director shall prepare and	4082
make available to the commission each month a complete and	4083
accurate accounting of lottery revenues, prize money disbursements	4084
and the cost of goods and services awarded as prizes, operating	4085
expenses, and all other relevant financial information, including	4086
an accounting of all transfers made from any lottery funds in the	4087
custody of the treasurer of state to benefit education.	4088

(G) The director may enter into contracts for the operation	4089
or promotion of the lottery pursuant to Chapter 125. of the	4090
Revised Code.	4091

(H)(1) Pursuant to rules adopted by the commission under	4092
section 3770.03 of the Revised Code, the director shall require	4093
any lottery sales agents to either mail directly to the commission	4094
or deposit to the credit of the state lottery fund, in banking	4095
institutions designated by the treasurer of state, net proceeds	4096
due the commission as determined by the director, and to file with	4097
the director or the director's designee reports of their receipts	4098
and transactions in the sale of lottery tickets in the form	4099
required by the director.	4100

(2) Pursuant to rules adopted by the commission under Chapter	4101
119. of the Revised Code, the director may impose penalties for	4102
the failure of a sales agent to transfer funds to the commission	4103
in a timely manner. Penalties may include monetary penalties,	4104
immediate suspension or revocation of a license, or any other	4105
penalty the commission adopts by rule.	4106

(I) The director may arrange for any person, or any banking	4107
institution, to perform functions and services in connection with	4108
the operation of the lottery as the director may consider	4109
necessary to carry out this chapter.	4110

(J)(1) As used in this chapter, "statewide joint lottery	4111
game" means a lottery game that the commission sells solely within	4112
this state under an agreement with other lottery jurisdictions to	4113
sell the same lottery game solely within their statewide or other	4114
jurisdictional boundaries.	4115

(2) If the governor directs the director to do so, the	4116
director shall enter into an agreement with other lottery	4117
jurisdictions to conduct statewide joint lottery games. If the	4118
governor signs the agreement personally or by means of an	4119
authenticating officer pursuant to section 107.15 of the Revised	4120
Code, the director then may conduct statewide joint lottery games	4121
under the agreement.	4122

(3) The entire net proceeds from any statewide joint lottery	4123
games shall be used to fund elementary, secondary, vocational, and	4124
special education programs in this state.	4125

(4) The commission shall conduct any statewide joint lottery	4126
games in accordance with rules it adopts under division (B)(5) of	4127
section 3770.03 of the Revised Code.	4128

(K)(1) The director shall enter into an agreement with the	4129
department of alcohol and drug addiction services under which the	4130
department shall provide a program of gambling addiction services	4131
on behalf of the commission. The commission shall pay the costs of	4132
the program provided pursuant to the agreement.	4133

(2) As used in this section, "gambling addiction services"	4134
has the same meaning as in section 3793.01 of the Revised Code.	4135

Sec. 3770.05.  (A) As used in this section, "person" means	4136
any person, association, corporation, partnership, club, trust,	4137
estate, society, receiver, trustee, person acting in a fiduciary	4138
or representative capacity, instrumentality of the state or any of	4139
its political subdivisions, or any other combination of	4140
individuals meeting the requirements set forth in this section or	4141
established by rule or order of the state lottery commission.	4142

(B) The director of the state lottery commission may license	4143
any person as a lottery sales agent. No license shall be issued to	4144
any person or group of persons to engage in the sale of lottery	4145
tickets as the person's or group's sole occupation or business.	4146

Before issuing any license to a lottery sales agent, the	4147
director shall consider all of the following:	4148

(1) The financial responsibility and security of the	4149
applicant and the applicant's business or activity;	4150

(2) The accessibility of the applicant's place of business or	4151
activity to the public;	4152

(3) The sufficiency of existing licensed agents to serve the	4153
public interest;	4154

(4) The volume of expected sales by the applicant;

4155

(5) Any other factors pertaining to the public interest,	4156
convenience, or trust.	4157

(C) Except as otherwise provided in division (F) of this	4158
section, the director of the state lottery commission shall refuse	4159
to grant, or shall suspend or revoke, a license if the applicant	4160
or licensee:	4161

(1) Has been convicted of a felony or has been convicted of a	4162
crime involving moral turpitude;	4163

(2) Has been convicted of an offense that involves illegal	4164
gambling;	4165

(3) Has been found guilty of fraud or misrepresentation in	4166
any connection;	4167

(4) Has been found to have violated any rule or order of the	4168
commission; or	4169

(5) Has been convicted of illegal trafficking in supplemental	4170
nutrition assistance program benefits.	4171

(D) Except as otherwise provided in division (F) of this	4172
section, the director of the state lottery commission shall refuse	4173
to grant, or shall suspend or revoke, a license if the applicant	4174
or licensee is a corporation and any of the following applies:	4175

(1) Any of the corporation's directors, officers, or	4176
controlling shareholders has been found guilty of any of the	4177
activities specified in divisions (C)(1) to (5) of this section;	4178

(2) It appears to the director of the state lottery	4179
commission that, due to the experience, character, or general	4180
fitness of any director, officer, or controlling shareholder of	4181
the corporation, the granting of a license as a lottery sales	4182
agent would be inconsistent with the public interest, convenience,	4183
or trust;	4184

(3) The corporation is not the owner or lessee of the	4185
business at which it would conduct a lottery sales agency pursuant	4186
to the license applied for;	4187

(4) Any person, firm, association, or corporation other than	4188
the applicant or licensee shares or will share in the profits of	4189
the applicant or licensee, other than receiving dividends or	4190
distributions as a shareholder, or participates or will	4191
participate in the management of the affairs of the applicant or	4192
licensee.	4193

(E)(1) The director of the state lottery commission shall	4194
refuse to grant a license to an applicant for a lottery sales	4195
agent license and shall revoke a lottery sales agent license if	4196
the applicant or licensee is or has been convicted of a violation	4197
of division (A) or (C)(1) of section 2913.46 of the Revised Code.	4198

(2) The director shall refuse to grant a license to an	4199
applicant for a lottery sales agent license that is a corporation	4200
and shall revoke the lottery sales agent license of a corporation	4201
if the corporation is or has been convicted of a violation of	4202
division (A) or (C)(1) of section 2913.46 of the Revised Code.	4203

(F) The director of the state lottery commission shall	4204
request the bureau of criminal identification and investigation,	4205
the department of public safety, or any other state, local, or	4206
federal agency to supply the director with the criminal records of	4207
any applicant for a lottery sales agent license, and may	4208
periodically request the criminal records of any person to whom a	4209
lottery sales agent license has been issued. At or prior to the	4210
time of making such a request, the director shall require an	4211
applicant or licensee to obtain fingerprint impressions on	4212
fingerprint cards prescribed by the superintendent of the bureau	4213
of criminal identification and investigation at a qualified law	4214
enforcement agency, and the director shall cause those fingerprint	4215
cards to be forwarded to the bureau of criminal identification and	4216
investigation, to the federal bureau of investigation, or to both	4217
bureaus. The commission shall assume the cost of obtaining the	4218
fingerprint cards.	4219

The director shall pay to each agency supplying criminal	4220
records for each investigation a reasonable fee, as determined by	4221
the agency.	4222

The commission may adopt uniform rules specifying time	4223
periods after which the persons described in divisions (C)(1) to	4224
(5) and (D)(1) to (4) of this section may be issued a license and	4225
establishing requirements for those persons to seek a court order	4226
to have records sealed in accordance with law.	4227

(G)(1) Each applicant for a lottery sales agent license shall	4228
do both of the following:	4229

(a) Pay fees to the state lottery commission, if required by	4230
rule adopted by the director under Chapter 119. of the Revised	4231
Code and the controlling board approves the fees;	4232

(b) Prior to approval of the application, obtain a surety	4233
bond in an amount the director determines by rule adopted under	4234
Chapter 119. of the Revised Code or, alternatively, with the	4235
director's approval, deposit the same amount into a dedicated	4236
account for the benefit of the state lottery. The director also	4237
may approve the obtaining of a surety bond to cover part of the	4238
amount required, together with a dedicated account deposit to	4239
cover the remainder of the amount required. The director also may	4240
establish an alternative program or policy, with the approval of	4241
the commission by rule adopted under Chapter 119. of the Revised	4242
Code, that otherwise ensures the lottery's financial interests are	4243
adequately protected. If such an alternative program or policy is	4244
established, an applicant or lottery sales agent, subject to the	4245
director's approval, may be permitted to participate in the	4246
program or proceed under that policy in lieu of providing a surety	4247
bond or dedicated amount.	4248

A surety bond may be with any company that complies with the	4249
bonding and surety laws of this state and the requirements	4250
established by rules of the commission pursuant to this chapter. A	4251
dedicated account deposit shall be conducted in accordance with	4252
policies and procedures the director establishes.	4253

A surety bond, dedicated account, other established program	4254
or policy, or bothany combination of these resources, as	4255
applicable, may be used to pay for the lottery sales agent's	4256
failure to make prompt and accurate payments for lottery ticket	4257
sales, for missing or stolen lottery tickets, for damage to	4258
equipment or materials issued to the lottery sales agent, or to	4259
pay for expenses the commission incurs in connection with the	4260
lottery sales agent's license.	4261

(2) A lottery sales agent license is effective for at least	4262
one year, but not more than three years.	4263

A licensed lottery sales agent, on or before the date	4264
established by the director, shall renew the agent's license and	4265
provide at that time evidence to the director that the surety	4266
bond, dedicated account deposit, or both, required under division	4267
(G)(1)(b) of this section has been renewed or is active, whichever	4268
applies.	4269

Before the commission renews a lottery sales agent license,	4270
the lottery sales agent shall submit a renewal fee to the	4271
commission, if one is required by rule adopted by the director	4272
under Chapter 119. of the Revised Code and the controlling board	4273
approves the renewal fee. The renewal fee shall not exceed the	4274
actual cost of administering the license renewal and processing	4275
changes reflected in the renewal application. The renewal of the	4276
license is effective for up toat least one year, but not more	4277
than three years.	4278

(3) A lottery sales agent license shall be complete,	4279
accurate, and current at all times during the term of the license.	4280
Any changes to an original license application or a renewal	4281
application may subject the applicant or lottery sales agent, as	4282
applicable, to paying an administrative fee that shall be in an	4283
amount that the director determines by rule adopted under Chapter	4284
119. of the Revised Code, that the controlling board approves, and	4285
that shall not exceed the actual cost of administering and	4286
processing the changes to an application.	4287

(4) The relationship between the commission and a lottery	4288
sales agent is one of trust. A lottery sales agent collects funds	4289
on behalf of the commission through the sale of lottery tickets	4290
for which the agent receives a compensation.	4291

(H) Pending a final resolution of any question arising under	4292
this section, the director of the state lottery commission may	4293
issue a temporary lottery sales agent license, subject to the	4294
terms and conditions the director considers appropriate.	4295

(I) If a lottery sales agent's rental payments for the	4296
lottery sales agent's premises are determined, in whole or in	4297
part, by the amount of retail sales the lottery sales agent makes,	4298
and if the rental agreement does not expressly provide that the	4299
amount of those retail sales includes the amounts the lottery	4300
sales agent receives from lottery ticket sales, only the amounts	4301
the lottery sales agent receives as compensation from the state	4302
lottery commission for selling lottery tickets shall be considered	4303
to be amounts the lottery sales agent receives from the retail	4304
sales the lottery sales agent makes, for the purpose of computing	4305
the lottery sales agent's rental payments.	4306

Sec. 3770.07.  (A)(1) Except as provided in division (A)(2)	4307
of this section, lottery prize awards shall be claimed by the	4308
holder of the winning lottery ticketproduct, or by the executor	4309
or administrator, or the trustee of a trust, of the estate of a	4310
deceased holder of a winning lottery ticketproduct, in a manner	4311
to be determined by the state lottery commission, within one	4312
hundred eighty days after the date on which the prize award was	4313
announced if the lottery game is an online game, and within one	4314
hundred eighty days after the close of the game if the lottery	4315
game is an instant game.	4316

NoAny lottery prize award with a value that meets or exceeds	4317
five hundred ninety-nine dollarsthe reportable winnings amounts	4318
set by 26 U.S.C. 6041, or a subsequent analogous section of the	4319
Internal Revenue Code, shall not be claimed by or paid to any	4320
person, as defined in section 1.59 of the Revised Code or as	4321
defined by rule or order of the state lottery commission, until	4322
the name, address, and social security number of each beneficial	4323
owner of the prize award are disclosed todocumented for the	4324
commission. Except when a beneficial owner otherwise consents in	4325
writing, in the case of a claim for a lottery prize award made by	4326
one or more beneficial owners using a trust, the name, address,	4327
and social security number of each such beneficial owner in the	4328
commission's records as a result of such a disclosure are	4329
confidential and shall not be subject to inspection or copying	4330
under section 149.43 of the Revised Code as a public record.	4331

Except as otherwise provided in division (A)(1) of this	4332
section or as otherwise provided by law, the name and address of	4333
any individual claiming a lottery prize award are subject to	4334
inspection or copying under section 149.43 of the Revised Code as	4335
a public record.	4336

(2) An eligible person serving on active military duty in any	4337
branch of the United States armed forces during a war or national	4338
emergency declared in accordance with federal law may submit a	4339
delayed claim for a lottery prize award. The eligible person shall	4340
do so by notifying the state lottery commission about the claim	4341
not later than the five hundred fortieth day after the date on	4342
which the prize award was announced if the lottery game is an	4343
online game or after the date on which the lottery game closed if	4344
the lottery game is an instant game.	4345

(3) If no valid claim to a lottery prize award is made within	4346
the prescribed period, the prize money, the cost of goods and	4347
services awarded as prizes, or, if goods or services awarded as	4348
prizes are resold by the state lottery commission, the proceeds	4349
from their sale shall be returned to the state lottery fund and	4350
distributed in accordance with section 3770.06 of the Revised	4351
Code.	4352

(4) The state lottery commission may share with other	4353
governmental agencies the name, address, and social security	4354
number of a beneficial owner disclosed to the commission under	4355
division (A)(1) of this section, as authorized under sections	4356
3770.071 and 3770.073 of the Revised Code. Any shared information	4357
as disclosed pursuant to those sections that is made confidential	4358
by division (A)(1) of this section remains confidential and shall	4359
not be subject to inspection or copying under section 149.43 of	4360
the Revised Code as a public record unless the applicable	4361
beneficial owner otherwise provides written consent.	4362

(5) As used in this division:

4363

(a) "Eligible person" means a person who is entitled to a	4364
lottery prize award and who falls into either of the following	4365
categories:	4366

(i) While on active military duty in this state, the person,	4367
as the result of a war or national emergency declared in	4368
accordance with federal law, is transferred out of this state	4369
before the one hundred eightieth day after the date on which the	4370
winner of the lottery prize award is selected.	4371

(ii) While serving in the reserve forces in this state, the	4372
person, as the result of a war or national emergency declared in	4373
accordance with federal law, is placed on active military duty and	4374
is transferred out of this state before the expiration of the one	4375
hundred eightieth day after the date on which the prize drawing	4376
occurs for an online game or before the expiration of the one	4377
hundred eightieth day following the close of an instant game as	4378
determined by the commission.	4379

(b) "Active military duty" means that a person is covered by	4380
the "Servicemembers Civil Relief Act," 117 Stat. 2835 (2003), 50	4381
U.S.C. 501 et seq., as amended, or the "Uniformed Services	4382
Employment and Reemployment Rights Act of 1994," 108 Stat. 3149,	4383
38 U.S.C. 4301 et seq., as amended.	4384

(c) "Each beneficial owner" means the ultimate recipient or,	4385
if there is more than one, each ultimate recipient of a lottery	4386
prize award.	4387

(B) If a prize winner, as defined in section 3770.10 of the	4388
Revised Code, is under eighteen years of age, or is under some	4389
other legal disability, and the prize money or the cost of goods	4390
or services awarded as a prize exceeds one thousand dollars, the	4391
director of the state lottery commission shall order that payment	4392
be made to the order of the legal guardian of that prize winner.	4393
If the amount of the prize money or the cost of goods or services	4394
awarded as a prize is one thousand dollars or less, the director	4395
may order that payment be made to the order of the adult member,	4396
if any, of that prize winner's family legally responsible for the	4397
care of that prize winner.	4398

(C) No right of any prize winner, as defined in section	4399
3770.10 of the Revised Code, to a prize award shall be the subject	4400
of a security interest or used as collateral.	4401

(D)(1) No right of any prize winner, as defined in section	4402
3770.10 of the Revised Code, to a prize award shall be assignable	4403
except as follows: when the payment is to be made to the executor	4404
or administrator, or the trustee of a trust, of the estate of a	4405
winning ticket holderprize winner; when the award of a prize is	4406
disputed, any person may be awarded a prize award to which another	4407
has claimed title, pursuant to the order of a court of competent	4408
jurisdiction; when a person is awarded a prize award to which	4409
another has claimed title, pursuant to the order of a federal	4410
bankruptcy court under Title 11 of the United States Code; or as	4411
provided in sections 3770.10 to 3770.14 of the Revised Code.	4412

(2)(a) No right of any prize winner, as defined in section	4413
3770.10 of the Revised Code, to a prize award with a remaining	4414
unpaid balance of less than one hundred thousand dollars shall be	4415
subject to garnishment, attachment, execution, withholding, or	4416
deduction except as provided in sections 3119.80, 3119.81,	4417
3121.02, 3121.03, and 3123.06 of the Revised Code or when the	4418
director is to make a payment pursuant to section 3770.071 or	4419
3770.073 of the Revised Code.	4420

(b) No right of any prize winner, as defined in section	4421
3770.10 of the Revised Code, to a prize award with an unpaid	4422
balance of one hundred thousand dollars or more shall be subject	4423
to garnishment, attachment, execution, withholding, or deduction	4424
except as follows: as provided in sections 3119.80, 3119.81,	4425
3121.02, 3121.03, and 3123.06 of the Revised Code; when the	4426
director is to make a payment pursuant to section 3770.071 or	4427
3770.073 of the Revised Code; or pursuant to the order of a court	4428
of competent jurisdiction located in this state in a proceeding in	4429
which the state lottery commission is a named party, in which case	4430
the garnishment, attachment, execution, withholding, or deduction	4431
pursuant to the order shall be subordinate to any payments to be	4432
made pursuant to section 3119.80, 3119.81, 3121.02, 3121.03,	4433
3123.06, 3770.071, or 3770.073 of the Revised Code.	4434

(3) The state lottery commission may adopt and amend rules	4435
pursuant to Chapter 119. of the Revised Code as necessary to	4436
implement division (D) of this section, to provide for payments	4437
from prize awards subject to garnishment, attachment, execution,	4438
withholding, or deduction, and to comply with any applicable	4439
requirements of federal law.	4440

(4) Upon making payments from a prize award as required by	4441
division (D) of this section, the director and the state lottery	4442
commission are discharged from all further liability for those	4443
payments, whether they are made to an executor, administrator,	4444
trustee, judgment creditor, or another person, or to the prize	4445
winner, as defined in section 3770.10 of the Revised Code.	4446

(5) The state lottery commission shall adopt rules pursuant	4447
to section 3770.03 of the Revised Code concerning the payment of	4448
prize awards upon the death of a prize winner, as defined in	4449
section 3770.10 of the Revised Code. Upon the death of a prize	4450
winner, the remainder of the prize winner's prize award, to the	4451
extent it is not subject to a transfer agreement under sections	4452
3770.10 to 3770.14 of the Revised Code, may be paid to the	4453
executor, administrator, or trustee in the form of a discounted	4454
lump sum cash settlement.	4455

(E) No lottery prize award shall be awarded to or for any	4456
officer or employee of the state lottery commission, any officer	4457
or employee of the auditor of state actively auditing,	4458
coordinating and, or certifying commission drawings, or any blood	4459
relative or spouse of such an officer or employee of the	4460
commission or auditor of state living as a member of the officer's	4461
or employee's household, nor shall any such officer, employee,	4462
blood relative, or spouse attempt to claim a lottery prize award.	4463

(F) The director may prohibit vendors to the state lottery	4464
commission and their employees from being awarded a lottery prize	4465
award.	4466

(G) Upon the payment of prize awards pursuant to a provision	4467
of this section, other than a provision of division (D) of this	4468
section, the director and the state lottery commission are	4469
discharged from all further liability for their payment.	4470
Installment payments of lottery prize awards shall be paid by	4471
official check or warrant, and they shall be sent by mail delivery	4472
to the prize winner's address within the United States or by	4473
electronic funds transfer to an established bank account located	4474
within the United States, or the prize winner may pick them up at	4475
an office of the commission.	4476

Sec. 3770.071.  (A)(1) If the amount of the prize money or	4477
the cost of goods or services awarded as a lottery prize award is	4478
six hundred dollars or moremeets or exceeds the reportable	4479
winnings amounts set by 26 U.S.C. 6041, or a subsequent analogous	4480
section of the Internal Revenue Code, the director of the state	4481
lottery commission or the director's designee shall require the	4482
person entitled to the prize award to affirm in writing, under	4483
oath, or by electronic means, whether or not the person is in	4484
default under a support order. The director or the director's	4485
designee also may take any additional appropriate steps to	4486
determine if the person entitled to the prize award is in default	4487
under a support order. If the person entitled to the prize award	4488
affirms that the person is in default under a support order, or if	4489
the director or the director's designee determines that the person	4490
is in default under a support order, the director or the	4491
director's designee shall temporarily withhold payment of the	4492
prize award and notify the child support enforcement agency that	4493
administers the support order that the person is entitled to a	4494
prize award, of the amount of the prize award, and, if the prize	4495
award is to be paid in annual installments, of the number of	4496
installments.	4497

(2) Upon receipt of the notice from the director or the	4498
director's designee, the child support enforcement agency shall	4499
conduct an investigation to determine whether the person entitled	4500
to the lottery prize award is subject to a final and enforceable	4501
determination of default made under sections 3123.01 to 3123.07 of	4502
the Revised Code. If the agency determines that the person is so	4503
subject, it shall issue an intercept directive as described in	4504
section 3123.89 of the Revised Code to the director at lottery	4505
commission headquarters requiring the director or the director's	4506
designee to deduct from any unpaid prize award or any annual	4507
installment payment of an unpaid prize award, a specified amount	4508
for support in satisfaction of the support order under which the	4509
person is in default. To the extent possible, the amount specified	4510
to be deducted under the intercept directive shall satisfy the	4511
amount ordered for support in the support order under which the	4512
person is in default.	4513

A child support enforcement agency shall issue an intercept	4514
directive within thirty days from the date the director or the	4515
director's designee notifies the agency under division (A)(1) of	4516
this section. Within thirty days after the date on which the	4517
agency issues the intercept directive, the director or the	4518
director's designee shall pay the amount specified in the	4519
intercept directive to the office of child support in the	4520
department of job and family services. But, if the prize award is	4521
to be paid in annual installments, the director or the director's	4522
designee, on the date the next installment payment is due, shall	4523
deduct the amount specified in the intercept directive from that	4524
installment and, if necessary, any subsequent annual installments,	4525
at the time those installments become due and owing to the prize	4526
winner, and pay the amount to the office of child support.	4527

(B) As used in this section:

4528

(1) "Support order" has the same meaning as in section	4529
3119.01 of the Revised Code.	4530

(2) "Default" has the same meaning as in section 3121.01 of	4531
the Revised Code.	4532

(C) No person shall knowingly make a false affirmation or	4533
oath required by division (A) of this section.	4534

Sec. 3770.21. (A) As used in this section:

4535

(1) "Video lottery terminal" means any electronic device	4536
approved by the state lottery commission that provides immediate	4537
prize determinations for participants on an electronic display.	4538

(2) "Video lottery terminal promotional gaming credit" means	4539
a video lottery terminal game credit, discount, or other similar	4540
item issued to a patron to enable the placement of, or increase	4541
in, a wager at a video lottery terminal.	4542

(3) "Video lottery terminal income" means credits played	4543
minus video lottery terminal promotional gaming credits and the	4544
value of video lottery terminal promotional gaming credits awarded	4545
that can be redeemed for cash or other designated prizes as a	4546
result of a video lottery winning game outcome.	4547

(B) The state lottery commission shall include, in	4548
conjunction with the state racing commission, in any rules adopted	4549
concerning video lottery terminals, the level of minimum	4550
investments that must be made by video lottery terminal licensees	4551
in the buildings, fixtures, equipment, facilities-related	4552
preparation, and grounds at the facilities, including temporary	4553
facilities, in which the terminals will be located, along with any	4554
standards and timetables for such investments.	4555

(C) Racetrack operators and management companies that are a	4556
licensed lottery sales agent may provide video lottery terminal	4557
promotional gaming credits to patrons for video lottery terminal	4558
gaming. Video lottery terminal promotional gaming credits shall be	4559
subject to oversight by the commission. The commission shall adopt	4560
rules for video lottery terminal promotional gaming credits. The	4561
rules shall exclude video lottery terminal promotional gaming	4562
credits in the calculation of video lottery terminal income or any	4563
payments or amounts due to the state or to the state lottery	4564
commission.	4565

(D) Video lottery terminal licensees shall develop internal	4566
guidelines and controls for the purpose of giving minority	4567
business enterprises the ability to compete for the awarding of	4568
contracts to provide goods and services to those licensees.	4569

(E) No license or excise tax or fee not in effect on the	4570
effective date of this section shall be assessed upon or collected	4571
from a video lottery terminal licensee by any county, township,	4572
municipal corporation, school district, or other political	4573
subdivision of the state that has authority to assess or collect a	4574
tax or fee by reason of the video lottery terminal related conduct	4575
authorized by section 3770.03 of the Revised Code. This division	4576
does not prohibit the imposition of taxes under Chapter 718. or	4577
3769. of the Revised Code.	4578

(D) The supreme court shall have exclusive, original	4579
jurisdiction over any claim(F) Any action asserting that this	4580
section or section 3770.03 of the Revised Code or any portion of	4581
those sections or any rule adopted under those sections violates	4582
any provision of the Ohio Constitution, any claim asserting that	4583
any action taken by the governor or the lottery commission	4584
pursuant to those sections violates any provision of the Ohio	4585
Constitution or any provision of the Revised Code, or any claim	4586
asserting that any portion of this section violates any provision	4587
of the Ohio Constitution. If any claim over which the supreme	4588
court is granted exclusive, original jurisdiction by this division	4589
is filed in any lower court, the claim shall be dismissed by the	4590
court on the ground that the court lacks jurisdiction to review it	4591
shall be brought in the court of common pleas of Franklin county.	4592

(E)(G) Should any portion of this section or of section	4593
3770.03 of the Revised Code be found to be unenforceable or	4594
invalid, it shall be severed and the remaining portions remain in	4595
full force and effect.	4596

Sec. 3770.22.  (A) Any information concerning the following	4597
that is submitted, collected, or gathered as part of an	4598
application to the state lottery commission for a video lottery	4599
related license under this chapter is confidential and not subject	4600
to disclosure by a state agency or political subdivision as a	4601
public record under section 149.43 of the Revised Code:	4602

(1) A dependent of an applicant;

4603

(2) The social security number, passport number, or federal	4604
tax identification number of an applicant or the spouse of an	4605
applicant;	4606

(3) The home address and telephone number of an applicant or	4607
the spouse or dependent of an applicant;	4608

(4) An applicant's birth certificate;

4609

(5) The driver's license number of an applicant or the	4610
applicant's spouse;	4611

(6) The name or address of a previous spouse of the	4612
applicant;	4613

(7) The date of birth of the applicant and the spouse of an	4614
applicant;	4615

(8) The place of birth of the applicant and the spouse of an	4616
applicant;	4617

(9) The personal financial information and records of an	4618
applicant or of an employee or the spouse or dependent of an	4619
applicant, including tax returns and information, and records of	4620
criminal proceedings;	4621

(10) Any information concerning a victim of domestic	4622
violence, sexual assault, or stalking;	4623

(11) The electronic mail address of the spouse or family	4624
member of the applicant;	4625

(12) Any trade secret, medical records, and patents or	4626
exclusive licenses;	4627

(13) Security information, including risk prevention plans,	4628
detection and countermeasures, location of count rooms or other	4629
money storage areas, emergency management plans, security and	4630
surveillance plans, equipment and usage protocols, and theft and	4631
fraud prevention plans and countermeasures.	4632

(B) The individual's name, the individual's place of	4633
employment, the individual's job title, and the individual's	4634
gaming experience that is provided for an individual who holds,	4635
held, or has applied for a video lottery related license under	4636
this chapter is not confidential. The reason for denial or	4637
revocation of a video lottery related license or for disciplinary	4638
action against the individual is not confidential.	4639

(C) An individual who holds, held, or has applied for a video	4640
lottery related license under this chapter may waive the	4641
confidentiality requirements of division (A) of this section.	4642

(D) Confidential information received by the commission from	4643
another jurisdiction relating to a person who holds, held, or has	4644
applied for a license under this chapter is confidential and not	4645
subject to disclosure as a public record under section 149.43 of	4646
the Revised Code. The commission may share the information	4647
referenced in this division with, or disclose the information to,	4648
the inspector general, any appropriate prosecuting authority, any	4649
law enforcement agency, or any other appropriate governmental or	4650
licensing agency, if the agency that receives the information	4651
complies with the same requirements regarding confidentiality as	4652
those with which the commission must comply.	4653

Sec. 3772.01. As used in this chapter:

4654

(A) "Applicant" means any person who applies to the	4655
commission for a license under this chapter.	4656

(B) "Casino control commission fund" means the casino control	4657
commission fund described in Section 6(C)(3)(d) of Article XV,	4658
Ohio Constitution, the money in which shall be used to fund the	4659
commission and its related affairs.	4660

(C) "Casino facility" means a casino facility as defined in	4661
Section 6(C)(9) of Article XV, Ohio Constitution.	4662

(D) "Casino game" means any slot machine or table game as	4663
defined in this chapter.	4664

(E) "Casino gaming" means any type of slot machine or table	4665
game wagering, using money, casino credit, or any representative	4666
of value, authorized in any of the states of Indiana, Michigan,	4667
Pennsylvania, and West Virginia as of January 1, 2009, and	4668
includes slot machine and table game wagering subsequently	4669
authorized by, but shall not be limited by, subsequent	4670
restrictions placed on such wagering in such states. "Casino	4671
gaming" does not include bingo, as authorized in Section 6 of	4672
Article XV, Ohio Constitution and conducted as of January 1, 2009,	4673
or horse racing where the pari-mutuel system of wagering is	4674
conducted, as authorized under the laws of this state as of	4675
January 1, 2009.	4676

(E)(F) "Casino gaming employee" means any employee of a	4677
casino operator or management company, but not a key employee, and	4678
as further defined in section 3772.131 of the Revised Code.	4679

(F)(G) "Casino operator" means any person, trust,	4680
corporation, partnership, limited partnership, association,	4681
limited liability company, or other business enterprise that	4682
directly or indirectly holds an ownership or leasehold interest in	4683
a casino facility. "Casino operator" does not include an agency of	4684
the state, any political subdivision of the state, any person,	4685
trust, corporation, partnership, limited partnership, association,	4686
limited liability company, or other business enterprise that may	4687
have an interest in a casino facility, but who is legally or	4688
contractually restricted from conducting casino gaming.	4689

(G)(H) "Central system" means a computer system that provides	4690
the following functions related to casino gaming equipment used in	4691
connection with casino gaming authorized under this chapter:	4692
security, auditing, data and information retrieval, and other	4693
purposes deemed necessary and authorized by the commission.	4694

(H)(I) "Cheat" means to alter the result of a casino game,	4695
the element of chance, the operation of a machine used in a casino	4696
game, or the method of selection of criteria that determines (a)	4697
the result of the casino game, (b) the amount or frequency of	4698
payment in a casino game, (c) the value of a wagering instrument,	4699
or (d) the value of a wagering credit.	4700

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

4701

(I)(K) "Gaming agent" means a peace officer employed by the	4702
commission that is vested with duties to enforce this chapter and	4703
conduct other investigations into the conduct of the casino gaming	4704
and the maintenance of the equipment that the commission considers	4705
necessary and proper and is in compliance with section 109.77 of	4706
the Revised Code.	4707

(J)(L) "Gaming-related vendor" means any individual,	4708
partnership, corporation, association, trust, or any other group	4709
of individuals, however organized, who supplies gaming-related	4710
equipment, goods, or services to a casino operator or management	4711
company, that are directly related to or affect casino gaming	4712
authorized under this chapter, including, but not limited to, the	4713
manufacture, sale, distribution, or repair of slot machines and	4714
table game equipment.	4715

(K)(M) "Holding company" means any corporation, firm,	4716
partnership, limited partnership, limited liability company,	4717
trust, or other form of business organization not a natural person	4718
which directly or indirectly owns, hasdoes any of the following:	4719

(1) Has the power or right to control, or holds with power to	4720
vote, any part of an applicant,a casino operator, management	4721
company, or gaming-related vendor license applicant or licensee;	4722

(2) Holds an ownership interest of five per cent or more, as	4723
determined by the commission, in a casino operator, management	4724
company, or gaming-related vendor license applicant or licensee;	4725

(3) Holds voting rights with the power to vote five per cent	4726
or more of the outstanding voting rights of a casino operator,	4727
management company, or gaming-related vendor applicant or	4728
licensee.	4729

(L)(N) "Initial investment" includes costs related to	4730
demolition, engineering, architecture, design, site preparation,	4731
construction, infrastructure improvements, land acquisition,	4732
fixtures and equipment, insurance related to construction, and	4733
leasehold improvements.	4734

(M)(O) "Institutional investor" means any of the following	4735
entities owning onemore than five per cent or less, or a	4736
percentage between one and ten per cent as approved by the	4737
commission through a waiver on a case-by-case basis, but less than	4738
fifteen per cent, of an ownership interest in a casino facility,	4739
casino operator, management company, or holding company: a	4740
corporation, bank, insurance company, pension fund or pension fund	4741
trust, retirement fund, including funds administered by a public	4742
agency, employees' profit-sharing fund or employees'	4743
profit-sharing trust, any association engaged, as a substantial	4744
part of its business or operations, in purchasing or holding	4745
securities, including a hedge fund, mutual fund, or private equity	4746
fund, or any trust in respect of which a bank is trustee or	4747
cotrustee, investment company registered under the "Investment	4748
Company Act of 1940," 15 U.S.C. 80a-1 et seq., collective	4749
investment trust organized by banks under Part Nine of the Rules	4750
of the Comptroller of the Currency, closed-end investment trust,	4751
chartered or licensed life insurance company or property and	4752
casualty insurance company, investment advisor registered under	4753
the "Investment Advisors Act of 1940," 15 U.S.C. 80 b-1 et seq.,	4754
and such other persons as the commission may reasonably determine	4755
to qualify as an institutional investor for reasons consistent	4756
with this chapter, and that does not exercise control over the	4757
affairs of a licensee and its ownership interest in a licensee is	4758
for investment purposes only, as set forth in division (E) of	4759
section 3772.10 of the Revised Code.	4760

(N)(P) "Key employee" means any executive, employee, or agent	4761
of a casino operator or management company licensee having the	4762
power to exercise significant influence over decisions concerning	4763
any part of the operation of such licensee, including:	4764

(1) An officer, director, trustee, or partner of a person	4765
that has applied for or holds a casino operator, management	4766
company, or gaming-related vendor license or of a holding company	4767
that has control of a person that has applied for or holds a	4768
casino operator, management company, or gaming-related vendor	4769
license;	4770

(2) A person that holds a direct or indirect ownership	4771
interest of more than one per cent in a person that has applied	4772
for or holds a casino operator, management company, or	4773
gaming-related vendor license or holding company that has control	4774
of a person that has applied for or holds a casino operator,	4775
management company, or gaming-related vendor license;	4776

(3) A managerial employee of a person that has applied for or	4777
holds a casino operator or gaming-related vendor license in Ohio,	4778
or a managerial employee of a holding company that has control of	4779
a person that has applied for or holds a casino operator or	4780
gaming-related vendor license in Ohio, who performs the function	4781
of principal executive officer, principal operating officer,	4782
principal accounting officer, or an equivalent officer or other	4783
person the commission determines to have the power to exercise	4784
significant influence over decisions concerning any part of the	4785
operation of such licensee.	4786

The commission shall determine whether an individual whose	4787
duties or status varies from those described in this division also	4788
is considered a key employee.	4789

(O)(Q) "Licensed casino operator" means a casino operator	4790
that has been issued a license by the commission and that has been	4791
certified annually by the commission to have paid all applicable	4792
fees, taxes, and debts to the state.	4793

(P)(R) "Majority ownership interest" in a license or in a	4794
casino facility, as the case may be, means ownership of more than	4795
fifty per cent of such license or casino facility, as the case may	4796
be. For purposes of the foregoing, whether a majority ownership	4797
interest is held in a license or in a casino facility, as the case	4798
may be, shall be determined under the rules for constructive	4799
ownership of stock provided in Treas. Reg. 1.409A-3(i)(5)(iii) as	4800
in effect on January 1, 2009.	4801

(Q)(S) "Management company" means an organization retained by	4802
a casino operator to manage a casino facility and provide services	4803
such as accounting, general administration, maintenance,	4804
recruitment, and other operational services.	4805

(R)(T) "Ohio law enforcement training fund" means the state	4806
law enforcement training fund described in Section 6(C)(3)(f) of	4807
Article XV, Ohio Constitution, the money in which shall be used to	4808
enhance public safety by providing additional training	4809
opportunities to the law enforcement community.	4810

(S)(U) "Person" includes, but is not limited to, an	4811
individual or a combination of individuals; a sole proprietorship,	4812
a firm, a company, a joint venture, a partnership of any type, a	4813
joint-stock company, a corporation of any type, a corporate	4814
subsidiary of any type, a limited liability company, a business	4815
trust, or any other business entity or organization; an assignee;	4816
a receiver; a trustee in bankruptcy; an unincorporated	4817
association, club, society, or other unincorporated entity or	4818
organization; entities that are disregarded for federal income tax	4819
purposes; and any other nongovernmental, artificial, legal entity	4820
that is capable of engaging in business.	4821

(T)(V) "Problem casino gambling and addictions fund" means	4822
the state problem gambling and addictions fund described in	4823
Section 6(C)(3)(g) of Article XV, Ohio Constitution, the money in	4824
which shall be used for treatment of problem gambling and	4825
substance abuse, and for related research.	4826

(U)(W) "Promotional gaming credit" means a slot machine or	4827
table game credit, discount, or other similar item issued to a	4828
patron to enable the placement of, or increase in, a wager at a	4829
slot machine or table game.	4830

(V)(X) "Slot machine" means any mechanical, electrical, or	4831
other device or machine which, upon insertion of a coin, token,	4832
ticket, or similar object, or upon payment of any consideration,	4833
is available to play or operate, the play or operation of which,	4834
whether by reason of the skill of the operator or application of	4835
the element of chance, or both, makes individual prize	4836
determinations for individual participants in cash, premiums,	4837
merchandise, tokens, or any thing of value, whether the payoff is	4838
made automatically from the machine or in any other manner, but	4839
does not include any device that is a skill-based amusement	4840
machine, as defined in section 2915.01 of the Revised Code.	4841

(W)(Y) "Table game" means any game played with cards, dice,	4842
or any mechanical, electromechanical, or electronic device or	4843
machine for money, casino credit, or any representative of value.	4844
"Table game" does not include slot machines.	4845

(X)(Z) "Upfront license" means the first plenary license	4846
issued to a casino operator.	4847

(Y)(AA) "Voluntary exclusion program" means a program	4848
provided by the commission that allows persons to voluntarily	4849
exclude themselves from the gaming areas of facilities under the	4850
jurisdiction of the commission by placing their name on a	4851
voluntary exclusion list and following the procedures set forth by	4852
the commission.	4853

Sec. 3772.03. (A) To ensure the integrity of casino gaming,	4854
the commission shall have authority to complete the functions of	4855
licensing, regulating, investigating, and penalizing casino	4856
operators, management companies, holding companies, key employees,	4857
casino gaming employees, and gaming-related vendors. The	4858
commission also shall have jurisdiction over all persons	4859
participating in casino gaming authorized by Section 6(C) of	4860
Article XV, Ohio Constitution, and this chapter.	4861

(B) All rules adopted by the commission under this chapter	4862
shall be adopted under procedures established in Chapter 119. of	4863
the Revised Code. The commission may contract for the services of	4864
experts and consultants to assist the commission in carrying out	4865
its duties under this section.	4866

(C) Within six months of the effective date of this section	4867
September 10, 2010, the commission shall adopt initial rules as	4868
are necessary for completing the functions stated in division (A)	4869
of this section and for addressing the subjects enumerated in	4870
division (D) of this section.	4871

(D) The commission shall adopt, and as advisable and	4872
necessary shall amend or repeal, rules that include all of the	4873
following:	4874

(1) The prevention of practices detrimental to the public	4875
interest;	4876

(2) Prescribing the method of applying, and the form of	4877
application, that an applicant for a license under this chapter	4878
must follow as otherwise described in this chapter;	4879

(3) Prescribing the information to be furnished by an	4880
applicant or licensee as described in section 3772.11 of the	4881
Revised Code;	4882

(4) Describing the certification standards and duties of an	4883
independent testing laboratory certified under section 3772.31 of	4884
the Revised Code and the relationship between the commission, the	4885
laboratory, the gaming-related vendor, and the casino operator;	4886

(5) The minimum amount of insurance that must be maintained	4887
by a casino operator, management company, holding company, or	4888
gaming-related vendor;	4889

(6) The approval process for a significant change in	4890
ownership or transfer of control of a licensee as provided in	4891
section 3772.091 of the Revised Code;	4892

(7) The design of gaming supplies, devices, and equipment to	4893
be distributed by gaming-related vendors;	4894

(8) Identifying the casino gaming that is permitted,	4895
identifying the gaming supplies, devices, and equipment, that are	4896
permitted, defining the area in which the permitted casino gaming	4897
may be conducted, and specifying the method of operation according	4898
to which the permitted casino gaming is to be conducted as	4899
provided in section 3772.20 of the Revised Code, and requiring	4900
gaming devices and equipment to meet the standards of this state;	4901

(9) Tournament play in any casino facility;

4902

(10) Establishing and implementing a voluntary exclusion	4903
program that provides all of the following:	4904

(a) Except as provided by commission rule, a person who	4905
participates in the program shall agree to refrain from entering a	4906
casino facility.	4907

(b) The name of a person participating in the program shall	4908
be included on a list of persons excluded from all casino	4909
facilities.	4910

(c) Except as provided by commission rule, no person who	4911
participates in the program shall petition the commission for	4912
admittance into a casino facility.	4913

(d) The list of persons participating in the program and the	4914
personal information of those persons shall be confidential and	4915
shall only be disseminated by the commission to a casino operator	4916
and the agents and employees of the casino operator for purposes	4917
of enforcement and to other entities, upon request of the	4918
participant and agreement by the commission.	4919

(e) A casino operator shall make all reasonable attempts as	4920
determined by the commission to cease all direct marketing efforts	4921
to a person participating in the program.	4922

(f) A casino operator shall not cash the check of a person	4923
participating in the program or extend credit to the person in any	4924
manner. However, the program shall not exclude a casino operator	4925
from seeking the payment of a debt accrued by a person before	4926
participating in the program.	4927

(g) Any and all locations at which a person may register as a	4928
participant in the program shall be published.	4929

(11) Requiring the commission to adopt standards regarding	4930
the marketing materials of a licensed casino operator, including	4931
allowing the commission to prohibit marketing materials that are	4932
contrary to the adopted standards;	4933

(12) Requiring that the records, including financial	4934
statements, of any casino operator, management company, holding	4935
company, and gaming-related vendor be maintained in the manner	4936
prescribed by the commission and made available for inspection	4937
upon demand by the commission, but shall be subject to section	4938
3772.16 of the Revised Code;	4939

(13) Permitting a licensed casino operator, management	4940
company, key employee, or casino gaming employee to question a	4941
person suspected of violating this chapter;	4942

(14) The chips, tokens, tickets, electronic cards, or similar	4943
objects that may be purchased by means of an agreement under which	4944
credit is extended to a wagerer by a casino operator;	4945

(15) Establishing standards for provisional key employee	4946
licenses for a person who is required to be licensed as a key	4947
employee and is in exigent circumstances and standards for	4948
provisional licenses for casino gaming employees who submit	4949
complete applications and are compliant under an instant	4950
background check. A provisional license shall be valid not longer	4951
than three months. A provisional license may be renewed one time,	4952
at the commission's discretion, for an additional three months. In	4953
establishing standards with regard to instant background checks	4954
the commission shall take notice of criminal records checks as	4955
they are conducted under section 311.41 of the Revised Code using	4956
electronic fingerprint reading devices.	4957

(16) Establishing approval procedures for third-party	4958
engineering or accounting firms, as described in section 3772.09	4959
of the Revised Code;	4960

(17) Prescribing the manner in which winnings, compensation	4961
from casino gaming, and gross revenue must be computed and	4962
reported by a licensee as described in Chapter 5753. of the	4963
Revised Code;	4964

(18) Prescribing conditions under which a licensee's license	4965
may be suspended or revoked as described in section 3772.04 of the	4966
Revised Code;	4967

(19) Prescribing the manner and procedure of all hearings to	4968
be conducted by the commission or by any hearing examiner;	4969

(20) Prescribing technical standards and requirements that	4970
are to be met by security and surveillance equipment that is used	4971
at and standards and requirements to be met by personnel who are	4972
employed at casino facilities, and standards and requirements for	4973
the provision of security at and surveillance of casino	4974
facilities;	4975

(21) Prescribing requirements for a casino operator to	4976
provide unarmed security services at a casino facility by licensed	4977
casino employees, and the training that shall be completed by	4978
these employees;	4979

(22) Prescribing standards according to which casino	4980
operators shall keep accounts and standards according to which	4981
casino accounts shall be audited, and establish means of assisting	4982
the tax commissioner in levying and collecting the gross casino	4983
revenue tax levied under section 5753.02 of the Revised Code;	4984

(23) Defining penalties for violation of commission rules and	4985
a process for imposing such penalties subject to the review of the	4986
joint committee on gaming and wagering;	4987

(24) Establishing standards for decertifying contractors that	4988
violate statutes or rules of this state or the federal government;	4989

(25) Establishing standards for the repair of casino gaming	4990
equipment;	4991

(26) Establishing procedures to ensure that casino operators,	4992
management companies, and holding companies are compliant with the	4993
compulsive and problem gambling plan submitted under section	4994
3772.18 of the Revised Code;	4995

(27) Providing for any other thing necessary and proper for	4996
successful and efficient regulation of casino gaming under this	4997
chapter.	4998

(E) The commission shall employ and assign gaming agents as	4999
necessary to assist the commission in carrying out the duties of	5000
this chapter. In order to maintain employment as a gaming agent,	5001
the gaming agent shall successfully complete all continuing	5002
training programs required by the commission and shall not have	5003
been convicted of or pleaded guilty or no contest to a	5004
disqualifying offense as defined in section 3772.07 of the Revised	5005
Code.	5006

(F) The commission, as a law enforcement agency, and its	5007
gaming agents, as law enforcement officers as defined in section	5008
2901.01 of the Revised Code, shall have authority with regard to	5009
the detection and investigation of, the seizure of evidence	5010
allegedly relating to, and the apprehension and arrest of persons	5011
allegedly committing gaming offenses, and shall have access to	5012
casino facilities to carry out the requirements of this chapter.	5013

(G) The commission may eject or exclude or authorize the	5014
ejection or exclusion of and a gaming agent may eject a person	5015
from a casino facility for any of the following reasons:	5016

(1) The person's name is on the list of persons voluntarily	5017
excluding themselves from all casinos in a program established	5018
according to rules adopted by the commission;	5019

(2) The person violates or conspires to violate this chapter	5020
or a rule adopted thereunder; or	5021

(3) The commission determines that the person's conduct or	5022
reputation is such that the person's presence within a casino	5023
facility may call into question the honesty and integrity of the	5024
casino gaming operations or interfere with the orderly conduct of	5025
the casino gaming operations.	5026

(H) A person, other than a person participating in a	5027
voluntary exclusion program, may petition the commission for a	5028
public hearing on the person's ejection or exclusion under this	5029
chapter.	5030

(I) A casino operator or management company shall have the	5031
same authority to eject or exclude a person from the management	5032
company's casino facilities as authorized in division (G) of this	5033
section. The licensee shall immediately notify the commission of	5034
an ejection or exclusion.	5035

(J) The commission shall submit a written annual report with	5036
the governor, president and minority leader of the senate, speaker	5037
and minority leader of the house of representatives, and joint	5038
committee on gaming and wagering before the first day of September	5039
each year. The annual report shall include a statement describing	5040
the receipts and disbursements of the commission, relevant	5041
financial data regarding casino gaming, including gross revenues	5042
and disbursements made under this chapter, actions taken by the	5043
commission, an update on casino operators', management companies',	5044
and holding companies' compulsive and problem gambling plans and	5045
the voluntary exclusion program and list, and any additional	5046
information that the commission considers useful or that the	5047
governor, president or minority leader of the senate, speaker or	5048
minority leader of the house of representatives, or joint	5049
committee on gaming and wagering requests.	5050

(K) Notwithstanding any law to the contrary, beginning on	5051
July 1, 2011, the commission shall assume jurisdiction over and	5052
oversee the regulation of skill-based amusement machines as is	5053
provided in the law of this state.	5054

Sec. 3772.04. (A)(1) If, as the result of an investigation,	5055
the commission concludes that a license or finding required by	5056
this chapter should be limited, conditioned, or restricted, or	5057
suspended,or revoked, denied, or not renewed, the commission	5058
shall conductmay, and if so requested by a licensee or applicant,	5059
shall, conduct a hearing in an adjudication under Chapter 119. of	5060
the Revised Code. After notice and opportunity for a hearing, the	5061
commission may limit, condition, restrict, suspend, revoke, deny,	5062
or not renew a license under rules adopted by the commission. The	5063
commission may reopen a licensing adjudication at any time.	5064

(2) The commission shall appoint a hearing examiner to	5065
conduct the hearing in the adjudication. A party to the	5066
adjudication may file written objections to the hearing examiner's	5067
report and recommendations not later than the thirtieth day after	5068
they are served upon the party or the party's attorney or other	5069
representative of record. The commission shall not take up the	5070
hearing examiner's report and recommendations earlier than the	5071
thirtieth day after the hearing examiner's report and	5072
recommendations were submitted to the commission.	5073

(3) If the commission finds that a person fails or has failed	5074
to meet any requirement under this chapter or a rule adopted	5075
thereunder, or violates or has violated this chapter or a rule	5076
adopted thereunder, the commission may issue an order:	5077

(a) Limiting, conditioning, or restricting, or suspending or,	5078
revoking, denying, or not renewing, a license issued under this	5079
chapter;	5080

(b) Limiting, conditioning, or restricting, or suspending or	5081
revoking, a finding made under this chapter;	5082

(c) Requiring a casino facility to exclude a licensee from	5083
the casino facility or requiring a casino facility not to pay to	5084
the licensee any remuneration for services or any share of	5085
profits, income, or accruals on the licensee's investment in the	5086
casino facility; or	5087

(d)(c) Fining a licensee or other person according to the	5088
penalties adopted by the commission.	5089

(4) An order may be judicially reviewed under section 119.12	5090
of the Revised Code.	5091

(B) Without in any manner limiting the authority of the	5092
commission to impose the level and type of discipline the	5093
commission considers appropriate, the commission may take into	5094
consideration the following:	5095

(1) If the licensee knew or reasonably should have known that	5096
the action complained of was a violation of any law, rule, or	5097
condition on the licensee's license;	5098

(2) If the licensee has previously been disciplined by the	5099
commission;	5100

(3) If the licensee has previously been subject to discipline	5101
by the commission concerning the violation of any law, rule, or	5102
condition of the licensee's license;	5103

(4) If the licensee reasonably relied upon professional	5104
advice from a lawyer, doctor, accountant, or other recognized	5105
professional that was relevant to the action resulting in the	5106
violation;	5107

(5) If the licensee or the licensee's employer had a	5108
reasonably constituted and functioning compliance program;	5109

(6) If the imposition of a condition requiring the licensee	5110
to establish and implement a written self-enforcement and	5111
compliance program would assist in ensuring the licensee's future	5112
compliance with all statutes, rules, and conditions of the	5113
license;	5114

(7) If the licensee realized a pecuniary gain from the	5115
violation;	5116

(8) If the amount of any fine or other penalty imposed would	5117
result in disgorgement of any gains unlawfully realized by the	5118
licensee;	5119

(9) If the violation was caused by an officer or employee of	5120
the licensee, the level of authority of the individual who caused	5121
the violation;	5122

(10) If the individual who caused the violation acted within	5123
the scope of the individual's authority as granted by the	5124
licensee;	5125

(11) The adequacy of any training programs offered by the	5126
licensee or the licensee's employer that were relevant to the	5127
activity that resulted in the violation;	5128

(12) If the licensee's action substantially deviated from	5129
industry standards and customs;	5130

(13) The extent to which the licensee cooperated with the	5131
commission during the investigation of the violation;	5132

(14) If the licensee has initiated remedial measures to	5133
prevent similar violations;	5134

(15) The magnitude of penalties imposed on other licensees	5135
for similar violations;	5136

(16) The proportionality of the penalty in relation to the	5137
misconduct;	5138

(17) The extent to which the amount of any fine imposed would	5139
punish the licensee for the conduct and deter future violations;	5140

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

5141

(19) Any other factors the commission considers relevant.

5142

(C) For the purpose of conducting any study or investigation,	5143
the commission may direct that public hearings be held at a time	5144
and place, prescribed by the commission, in accordance with	5145
section 121.22 of the Revised Code. The commission shall give	5146
notice of all public hearings in such manner as will give actual	5147
notice to all interested parties.	5148

(C) In(D)(1) For the purpose of conducting the hearing in an	5149
adjudication under division (A) of this section, or in the	5150
discharge of any duties imposed by this chapter, the commission	5151
may require that testimony be given under oath and administer such	5152
oath, issue subpoenas compelling the attendance of witnesses and	5153
the production of any papers, books, and accounts, directed to the	5154
sheriffs of the counties where such witnesses or papers, books,	5155
and accounts are found and cause the deposition of any witness. In	5156
The subpoenas shall be served and returned in the same manner as	5157
subpoenas in criminal cases are served and returned. The fees of	5158
sheriffs shall be the same as those allowed by the court of common	5159
pleas in criminal cases.	5160

(2) In the event of the refusal of any person without good	5161
cause to comply with the terms of a subpoena issued by the	5162
commission or refusal to testify on matters about which the person	5163
may lawfully be questioned, the prosecuting attorney of the county	5164
in which such person resides, upon the petition of the commission,	5165
may bring a proceeding for contempt against such person in the	5166
court of common pleas of that county.	5167

(3) Witnesses shall be paid the fees and mileage provided for	5168
in section 119.094 of the Revised Code.	5169

(4) All fees and mileage expenses incurred at the request of	5170
a party shall be paid in advance by the party.	5171

(D)(E) When conducting a public hearing, the commission shall	5172
not limit the number of speakers who may testify. However, the	5173
commission may set reasonable time limits on the length of an	5174
individual's testimony or the total amount of time allotted to	5175
proponents and opponents of an issue before the commission.	5176

(E) An administrative law judge appointed by the commission	5177
may conduct a hearing under this chapter and recommend findings of	5178
fact and decisions to the commission.	5179

(F) The commission may rely, in whole or in part, upon	5180
investigations, conclusions, or findings of other casino gaming	5181
commissions or other government regulatory bodies in connection	5182
with licensing, investigations, or other matters relating to an	5183
applicant or licensee under this chapter.	5184

Sec. 3772.091. (A) NoA casino operator license issued under	5185
this chapter is transferable subject to approval by the	5186
commission. New majority ownership interest orAny change or	5187
transfer of control of a casino operator shall require a new	5188
licensecommission approval. The commission may reopen a licensing	5189
investigation at any time. A significantAny change in or transfer	5190
of control of a casino operator, as determined by the commission,	5191
shall require the filing of an application for a newtransferring	5192
the casino operator license and submission of a licensean	5193
application fee with the commission before any such change or	5194
transfer of control ismay be approved. A change in or transfer of	5195
control to an immediate family member is not considered a	5196
significant change under this sectionAdditionally, the commission	5197
may assess an applicant a reasonable fee in the amount necessary	5198
to review the application for the transfer of a casino operator	5199
license to the applicant. In determining whether to approve the	5200
transfer of a casino operator license to the applicant, the	5201
commission shall consider all the factors established in Chapter	5202
3772. of the Revised Code that pertain to the granting of a casino	5203
operator license. The commission may reopen a licensing	5204
investigation at any time.	5205

(B) As used in this section, "control" means either of the	5206
following:	5207

(1) Either:

5208

(a) Holding fiftythirty per cent or more of the outstanding	5209
voting securities of a licensee; or	5210

(b) For an unincorporated licensee, having the right to fifty	5211
thirty per cent or more of the profits of the licensee, or having	5212
the right in the event of dissolution to fiftythirty per cent or	5213
more of the assets of the licensee.	5214

(2) Having the contractual power presently to designate fifty	5215
thirty per cent or more of the directors of a for-profit or	5216
not-for-profit corporation, or in the case of trusts described in	5217
paragraphs (c)(3) to (5) of 16 C.F.R. 801.1, the trustees of such	5218
a trust.	5219

Sec. 3772.10. (A) In determining whether to grant or maintain	5220
the privilege of a casino operator, management company, holding	5221
company, key employee, casino gaming employee, or gaming-related	5222
vendor license, the Ohio casino control commission shall consider	5223
all of the following, as applicable:	5224

(1) The reputation, experience, and financial integrity of	5225
the applicant, its holding company, if applicable, and any other	5226
person that directly or indirectly controls the applicant;	5227

(2) The financial ability of the applicant to purchase and	5228
maintain adequate liability and casualty insurance and to provide	5229
an adequate surety bond;	5230

(3) The past and present compliance of the applicant and its	5231
affiliates or affiliated companies with casino-related licensing	5232
requirements in this state or any other jurisdiction, including	5233
whether the applicant has a history of noncompliance with the	5234
casino licensing requirements of any jurisdiction;	5235

(4) If the applicant has been indicted, convicted, pleaded	5236
guilty or no contest, or forfeited bail concerning any criminal	5237
offense under the laws of any jurisdiction, either felony or	5238
misdemeanor, not including traffic violations;	5239

(5) If the applicant has filed, or had filed against it a	5240
proceeding for bankruptcy or has ever been involved in any formal	5241
process to adjust, defer, suspend, or otherwise work out the	5242
payment of any debt;	5243

(6) If the applicant has been served with a complaint or	5244
other notice filed with any public body regarding a payment of any	5245
tax required under federal, state, or local law that has been	5246
delinquent for one or more years;	5247

(7) If the applicant is or has been a defendant in litigation	5248
involving its business practices;	5249

(8) If awarding a license would undermine the public's	5250
confidence in the casino gaming industry in this state;	5251

(9) If the applicant meets other standards for the issuance	5252
of a license that the commission adopts by rule, which shall not	5253
be arbitrary, capricious, or contradictory to the expressed	5254
provisions of this chapter.	5255

(B) All applicants for a license under this chapter shall	5256
establish their suitability for a license by clear and convincing	5257
evidence. If the commission determines that a person is eligible	5258
under this chapter to be issued a license as a casino operator,	5259
management company, holding company, key employee, casino gaming	5260
employee, or gaming-related vendor, the commission shall issue	5261
such license for not more than three years, as determined by	5262
commission rule, if all other requirements of this chapter have	5263
been satisfied.	5264

(C) The commission shall not issue a casino operator,	5265
management company, holding company, key employee, casino gaming	5266
employee, or gaming-related vendor license under this chapter to	5267
an applicant if:	5268

(1) The applicant has been convicted of a disqualifying	5269
offense, as defined in section 3772.07 of the Revised Code.	5270

(2) The applicant has submitted an application for license	5271
under this chapter that contains false information.	5272

(3) The applicant is a commission member.

5273

(4) The applicant owns an ownership interest that is unlawful	5274
under this chapter, unless waived by the commission.	5275

(5) The applicant violates specific rules adopted by the	5276
commission related to denial of licensure.	5277

(6) The applicant is a member of or employed by a gaming	5278
regulatory body of a governmental unit in this state, another	5279
state, or the federal government, or is employed by a governmental	5280
unit of this state. This division does not prohibit a casino	5281
operator from hiring special duty law enforcement officers if the	5282
officers are not specifically involved in gaming-related	5283
regulatory functions.	5284

(7) The commission otherwise determines the applicant is	5285
ineligible for the license.	5286

(D)(1) The commission shall investigate the qualifications of	5287
each applicant under this chapter before any license is issued and	5288
before any finding with regard to acts or transactions for which	5289
commission approval is required is made. The commission shall	5290
continue to observe the conduct of all licensees and all other	5291
persons having a material involvement directly or indirectly with	5292
a casino operator, management company, or holding company to	5293
ensure that licenses are not issued to or held by, or that there	5294
is not any material involvement with a casino operator, management	5295
company, or holding company by, an unqualified, disqualified, or	5296
unsuitable person or a person whose operations are conducted in an	5297
unsuitable manner or in unsuitable or prohibited places or	5298
locations.	5299

(2) The executive director may recommend to the commission	5300
that it deny any application, or limit, condition, or restrict, or	5301
suspend or revoke, any license or finding, or impose any fine upon	5302
any licensee or other person according to this chapter and the	5303
rules adopted thereunder.	5304

(3) A license issued under this chapter is a revocable	5305
privilege. No licensee has a vested right in or under any license	5306
issued under this chapter. The initial determination of the	5307
commission to deny, or to limit, condition, or restrict, a license	5308
may be appealed under section 2505.03 of the Revised Code.	5309

(E)(1) An institutional investor otherwise required tomay be	5310
found to be suitable or qualified by the commission under this	5311
chapter and the rules adopted under this chapter. An institutional	5312
investor shall be presumed suitable or qualified upon submitting	5313
documentation sufficient to establish qualifications as an	5314
institutional investor and upon certifying all of the following:	5315

(a) The institutional investor owns, holds, or controls	5316
publicly traded securities issued by a licensee or holding,	5317
intermediate, or parent company of a licensee or in the ordinary	5318
course of business for investment purposes only.	5319

(b) The institutional investor does not exercise influence	5320
over the affairs of the issuer of such securities nor over any	5321
licensed subsidiary of the issuer of such securities.	5322

(c) The institutional investor does not intend to exercise	5323
influence over the affairs of the issuer of such securities, nor	5324
over any licensed subsidiary of the issuer of such securities, in	5325
the future, and that it agrees to notify the commission in writing	5326
within thirty days if such intent changes.	5327

(2) The exercise of voting privileges with regard to publicly	5328
traded securities shall not be deemed to constitute the exercise	5329
of influence over the affairs of a licensee.	5330

(3) The commission shall rescind the presumption of	5331
suitability for an institutional investor at any time if the	5332
institutional investor exercises or intends to exercise influence	5333
or control over the affairs of the licensee.	5334

(4) This division shall not be construed to preclude the	5335
commission from requesting information from or investigating the	5336
suitability or qualifications of an institutional investor if the:	5337

(a) The commission becomes aware of facts or information that	5338
may result in the institutional investor being found unsuitable or	5339
disqualified; or	5340

(b) The commission has any other reason to seek information	5341
from the investor to determine whether it qualifies as an	5342
institutional investor.	5343

(5) If the commission finds an institutional investor to be	5344
unsuitable or unqualified, the commission shall so notify the	5345
investor and the casino operator, holding company, management	5346
company, or gaming-related vendor licensee in which the investor	5347
invested. The commission shall allow the investor and the licensee	5348
a reasonable amount of time, as specified by the commission on a	5349
case-by-case basis, to cure the conditions that caused the	5350
commission to find the investor unsuitable or unqualified. If	5351
during the specified period of time the investor or the licensee	5352
does not or cannot cure the conditions that caused the commission	5353
to find the investor unsuitable or unqualified, the commission may	5354
allow the investor or licensee more time to cure the conditions or	5355
the commission may begin proceedings to deny, suspend, or revoke	5356
the license of the casino operator, holding company, management	5357
company, or gaming-related vendor in which the investor invested	5358
or to deny any of the same the renewal of any such license.	5359

(6) A private licensee or holding company shall provide the	5360
same information to the commission as a public company would	5361
provide in a form 13d or form 13g filing to the securities and	5362
exchange commission.	5363

(F) Information provided on the application shall be used as	5364
a basis for a thorough background investigation of each applicant.	5365
A false or incomplete application is cause for denial of a license	5366
by the commission. All applicants and licensees shall consent to	5367
inspections, searches, and seizures and to the disclosure to the	5368
commission and its agents of confidential records, including tax	5369
records, held by any federal, state, or local agency, credit	5370
bureau, or financial institution and to provide handwriting	5371
exemplars, photographs, fingerprints, and information as	5372
authorized in this chapter and in rules adopted by the commission.	5373

Sec. 3772.13. (A) No person may be employed as a key employee	5374
of a casino operator, management company, or holding company	5375
unless the person is the holder of a valid key employee license	5376
issued by the commission.	5377

(B) No person may be employed as a key employee of a	5378
gaming-related vendor unless that person is either the holder of a	5379
valid key employee license issued by the commission, or the	5380
person, at least five business days prior to the first day of	5381
employment as a key employee, has filed a notification of	5382
employment with the commission and subsequently files a completed	5383
application for a key employee license within the first thirty	5384
days of employment as a key employee.	5385

(C) Each applicant shall, before the issuance of any key	5386
employee license, produce information, documentation, and	5387
assurances as are required by this chapter and rules adopted	5388
thereunder. In addition, each applicant shall, in writing,	5389
authorize the examination of all bank accounts and records as may	5390
be deemed necessary by the commission.	5391

(C)(D) To be eligible for a key employee license, the	5392
applicant shall be at least twenty-one years of age and shall meet	5393
the criteria set forth by rule by the commission.	5394

(D)(E) Each application for a key employee license shall be	5395
on a form prescribed by the commission and shall contain all	5396
information required by the commission. The applicant shall set	5397
forth in the application if the applicant has been issued prior	5398
gambling-related licenses; if the applicant has been licensed in	5399
any other state under any other name, and, if so, the name under	5400
which the license was issued and the applicant's age at the time	5401
the license was issued; any criminal conviction the applicant has	5402
had; and if a permit or license issued to the applicant in any	5403
other state has been suspended, restricted, or revoked, and, if	5404
so, the cause and the duration of each action. The applicant also	5405
shall complete a cover sheet for the application on which the	5406
applicant shall disclose the applicant's name, the business	5407
address of the casino operator, management company, holding	5408
company, or gaming-related vendor employing the applicant, the	5409
business address and telephone number of such employer, and the	5410
county, state, and country in which the applicant's residence is	5411
located.	5412

(E)(F) Each applicant shall submit with each application, on	5413
a form provided by the commission, two sets of fingerprints and a	5414
photograph. The commission shall charge each applicant an	5415
application fee set by the commission to cover all actual costs	5416
generated by each licensee and all background checks under this	5417
section and section 3772.07 of the Revised Code.	5418

(F)(G)(1) The casino operator, management company, or holding	5419
company by whom a person is employed as a key employee shall	5420
terminate the person's employment in any capacity requiring a	5421
license under this chapter and shall not in any manner permit the	5422
person to exercise a significant influence over the operation of a	5423
casino facility if:	5424

(a) The person does not apply for and receive a key employee	5425
license within three months of being issued a provisional license,	5426
as established under commission rule.	5427

(b) The person's application for a key employee license is	5428
denied by the commission.	5429

(c) The person's key employee license is revoked by the	5430
commission.	5431

The commission shall notify the casino operator, management	5432
company, or holding company who employs such a person by certified	5433
mail of any such finding, denial, or revocation.	5434

(2) A casino operator, management company, or holding company	5435
shall not pay to a person whose employment is terminated under	5436
division (F)(G)(1) of this section, any remuneration for any	5437
services performed in any capacity in which the person is required	5438
to be licensed, except for amounts due for services rendered	5439
before notice was received under that division. A contract or	5440
other agreement for personal services or for the conduct of any	5441
casino gaming at a casino facility between a casino operator,	5442
management company, or holding company and a person whose	5443
employment is terminated under division (F)(G)(1) of this section	5444
may be terminated by the casino operator, management company, or	5445
holding company without further liability on the part of the	5446
casino operator, management company, or holding company. Any such	5447
contract or other agreement is deemed to include a term	5448
authorizing its termination without further liability on the part	5449
of the casino operator, management company, or holding company	5450
upon receiving notice under division (F)(G)(1) of this section.	5451
That a contract or other agreement does not expressly include such	5452
a term is not a defense in any action brought to terminate the	5453
contract or other agreement, and is not grounds for relief in any	5454
action brought questioning termination of the contract or other	5455
agreement.	5456

(3) A casino operator, management company, or holding	5457
company, without having obtained the prior approval of the	5458
commission, shall not enter into any contract or other agreement	5459
with a person who has been found unsuitable, who has been denied a	5460
license, or whose license has been revoked under division	5461
(F)(G)(1) of this section, or with any business enterprise under	5462
the control of such a person, after the date on which the casino	5463
operator, management company, or holding company receives notice	5464
under that division.	5465

Sec. 3772.16. (A) Any information concerning the following	5466
submitted, collected, or gathered as part of an application to the	5467
commission for a license under this chapter is confidential and	5468
not subject to disclosure by any state agency or political	5469
subdivision as a record under section 149.43 of the Revised Code:	5470

(1) A minor child of an applicant;

5471

(2) The social security number, passport number, or federal	5472
tax identification number of an applicant or the spouse of an	5473
applicant;	5474

(3) The home address and telephone number of an applicant or	5475
the spouse or childrendependent of an applicant;	5476

(4) An applicant's birth certificate;

5477

(5) The driver's license number of an applicant or the	5478
applicant's spouse;	5479

(6) The name or address of a previous spouse of the	5480
applicant;	5481

(7) The date of birth of the applicant and the spouse of an	5482
applicant;	5483

(8) The place of birth of the applicant and the spouse of an	5484
applicant;	5485

(9) The personal financial information and records of an	5486
applicant or of an employee or the spouse or minor childdependent	5487
of an applicant, including tax returns and information, and	5488
records of criminal proceedings;	5489

(10) Any information concerning a victim of domestic	5490
violence, sexual assault, or stalking;	5491

(11) The electronic mail address of the spouse or family	5492
member of the applicant;	5493

(12) An applicant's home addresses; and

5494

(13) Any trade secret, medical records, and patents or	5495
exclusive licenses;	5496

(13) Security information, including risk prevention plans,	5497
detection and countermeasures, location of count rooms or other	5498
money storage areas, emergency management plans, security and	5499
surveillance plans, equipment and usage protocols, and theft and	5500
fraud prevention plans and countermeasures;	5501

(14) Information provided in a multijurisdictional personal	5502
history disclosure form, including the Ohio supplement, exhibits,	5503
attachments, and updates.	5504

(B) Notwithstanding any other law, upon written request from	5505
a person, the commission shall provide the following information	5506
to the person except as provided in this chapter:	5507

(1) The information provided under this chapter concerning a	5508
licensee or an applicant;	5509

(2) The amount of the wagering tax and admission tax paid	5510
daily to the state by a licensed applicant or an operating agent;	5511
and	5512

(3) A copy of a letter providing the reasons for the denial	5513
of an applicant's license or an operating agent's contract and a	5514
copy of a letter providing the reasons for the commission's	5515
refusal to allow an applicant to withdraw the applicant's	5516
application, but with confidential information redacted if that	5517
information is the reason for the denial or refusal to withdraw.	5518

(C) In addition to information that is confidential under	5519
division (A) of this section, medical records, trade secrets,	5520
patents or exclusive licenses, and marketing materials maintained	5521
by the commission concerning a person who holds, held, or has	5522
applied for a license under this chapter is confidential and not	5523
subject to section 149.43 of the Revised Code.	5524

(D) The individual's name, the individual's place of	5525
employment, the individual's job title, and the individual's	5526
gaming experience that is provided for an individual who holds,	5527
held, or has applied for a license under this chapter is not	5528
confidential. The reason for denial or revocation of a license or	5529
for disciplinary action against the individual and information	5530
submitted by the individual for a felony waiver request is not	5531
confidential. The cover sheet completed by an applicant for a key	5532
employee license under section 3772.13 of the Revised Code is not	5533
confidential.	5534

(E)(D) An individual who holds, held, or has applied for a	5535
license under this chapter may waive the confidentiality	5536
requirements of division (A) of this section.	5537

(E) Confidential information received by the commission from	5538
another jurisdiction relating to a person who holds, held, or has	5539
applied for a license under this chapter is confidential and not	5540
subject to disclosure as a public record under section 149.43 of	5541
the Revised Code. The commission may share the information	5542
referenced in this division with, or disclose the information to,	5543
the inspector general, any appropriate prosecuting authority, any	5544
law enforcement agency, or any other appropriate governmental or	5545
licensing agency, if the agency that receives the information	5546
complies with the same requirements regarding confidentiality as	5547
those with which the commission must comply.	5548

Sec. 3772.17. (A) The upfront license fee to obtain a license	5549
as a casino operator shall be fifty million dollars per casino	5550
facility, whichand shall be paid upon each initial casino	5551
operator's filing of its casino operator license application with	5552
the commission. The upfront license fee, once paid to the	5553
commission, shall be deposited into the economic development	5554
programs fund, which is created in the state treasury. New casino	5555
operator, management company, and holding company license and	5556
renewal license fees shall be set by rule, subject to the review	5557
of the joint committee on gaming and wagering. The upfront license	5558
fee charged by this division shall not be assessed on the transfer	5559
of a casino operator license to a new casino operator if approved	5560
by the commission as set forth in section 3772.091 of the Revised	5561
Code.	5562

(B) The fee to obtain an application for a casino operator,	5563
management company, or holding company license shall be one	5564
million five hundred thousand dollars per application. The fee	5565
charged by this division shall apply to the application to	5566
transfer a casino operator license to a new casino operator as set	5567
forth in section 3772.091 of the Revised Code. The application fee	5568
shall be deposited into the casino control commission fund. The	5569
application fee is nonrefundable.	5570

(C) The license fees for a gaming-related vendor shall be set	5571
by rule, subject to the review of the joint committee on gaming	5572
and wagering. Additionally, the commission may assess an applicant	5573
a reasonable fee in the amount necessary to process a	5574
gaming-related vendor license application.	5575

(D) The license fees for a key employee shall be set by rule,	5576
subject to the review of the joint committee on gaming and	5577
wagering. Additionally, the commission may assess an applicant a	5578
reasonable fee in the amount necessary to process a key employee	5579
license application. If the license is being sought at the request	5580
of a casino operator, such fees shall be paid by the casino	5581
operator.	5582

(E) The license fees for a casino gaming employee shall be	5583
set by rule, subject to the review of the joint committee on	5584
gaming and wagering. If the license is being sought at the request	5585
of a casino operator, the fee shall be paid by the casino	5586
operator.	5587

Sec. 3772.28. (A) A licensed casino operator shall not enter	5588
into a debt transaction without the approval of the commission.	5589
The licensed casino operator shall submit, in writing, a request	5590
for approval of a debt transaction that contains at least the	5591
following information:	5592

(1) The names and addresses of all parties to the debt	5593
transaction;	5594

(2) The amount of the funds involved;

5595

(3) The type of debt transaction;

5596

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

5597

(5) All sources of collateral;

5598

(6) The purpose of the debt transaction;

5599

(7) The terms of the debt transaction;

5600

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

5601

(B) As used in this section, "debt transaction" means a	5602
transaction by a licensed casino operator concerning a casino	5603
facility totaling five hundred thousand dollars or more in which a	5604
licensed casino operator acquires debt, including bank financing,	5605
private debt offerings, and any other transaction that results in	5606
the encumbrance of assets.	5607

(C) Notwithstanding divisions (A) and (B) of this section, a	5608
licensed casino operator may enter into one or more debt	5609
transactions with affiliated companies provided the aggregate	5610
amount of all such debt transactions at any one time does not	5611
exceed ten million dollars. When a licensed casino operator	5612
intends to enter into such a debt transaction with an affiliated	5613
company, the licensed casino operator shall provide immediate	5614
notification, in writing, to the commission. The commission is	5615
entitled to require prior approval of the debt transaction if the	5616
commission provides notice to the licensed casino operator within	5617
seven days after receiving the notification. In determining	5618
whether to approve such a debt transaction, the commission may	5619
require the licensed casino operator to submit the information	5620
specified in division (A) of this section. The commission may	5621
adopt rules governing its review and approval of such debt	5622
transactions. For the purposes of this division, "affiliated	5623
companies" means any holding company or institutional investor or	5624
any individual, partnership, corporation, association, trust, or	5625
any other group of individuals, however organized, which directly	5626
or indirectly owns, has the power or right to control, or holds	5627
with the power to vote, an ownership interest in a licensed casino	5628
operator.	5629

Sec. 3772.99.  (A) The commission shall levy and collect	5630
penalties for noncriminal violations of this chapter. Moneys	5631
collected from such penalty levies shall be credited to the	5632
general revenue fund.	5633

(B) If a licensed casino operator, management company,	5634
holding company, gaming-related vendor, or key employee violates	5635
this chapter or engages in a fraudulent act, the commission may	5636
suspend or revoke the license and may do either or both of the	5637
following:	5638

(1) Suspend, revoke, or restrict the casino gaming operations	5639
of a casino operator;	5640

(2) Require the removal of a management company, key	5641
employee, or discontinuance of services from a gaming-related	5642
vendor.	5643

(C) The commission shall impose civil penalties against a	5644
person who violates this chapter under the penalties adopted by	5645
commission rule and reviewed by the joint committee on gaming and	5646
wagering.	5647

(D) A person who knowingly or intentionally does any of the	5648
following commits a misdemeanor of the first degree on the first	5649
offense and a felony of the fifth degree for a subsequent offense:	5650

(1) Makes a false statement on an application submitted under	5651
this chapter;	5652

(2) Permits a person less than twenty-one years of age to	5653
make a wager;	5654

(3) Aids, induces, or causes a person less than twenty-one	5655
years of age who is not an employee of the casino gaming operation	5656
to enter or attempt to enter a casino facility;	5657

(4) Enters or attempts to enter a casino facility while under	5658
twenty-one years of age, unless the person enters a designated	5659
area as described in section 3772.24 of the Revised Code;	5660

(5) Wagers or accepts a wager at a location other than a	5661
casino facility;	5662

(6) Is a casino operator or employee and participates in	5663
casino gaming other than as part of operation or employment.	5664

(E) A person who knowingly or intentionally does any of the	5665
following commits a felony of the fifth degree on a first offense	5666
and a felony of the fourth degree for a subsequent offense. If the	5667
person is a licensee under this chapter, the commission shall	5668
revoke the person's license after the first offense.	5669

(1) Offers, promises, or gives anything of value or benefit	5670
to a person who is connected with the casino operator, management	5671
company, holding company, or gaming-related vendor, including	5672
their officers and employees, under an agreement to influence or	5673
with the intent to influence the actions of the person to whom the	5674
offer, promise, or gift was made in order to affect or attempt to	5675
affect the outcome of a casino game or an official action of a	5676
commission member;	5677

(2) Solicits, accepts, or receives a promise of anything of	5678
value or benefit while the person is connected with a casino,	5679
including an officer or employee of a casino operator, management	5680
company, or gaming-related vendor, under an agreement to influence	5681
or with the intent to influence the actions of the person to	5682
affect or attempt to affect the outcome of a casino game or an	5683
official action of a commission member;	5684

(3) Uses or possesses with the intent to use a device to	5685
assist in projecting the outcome of the casino game, keeping track	5686
of the cards played, analyzing the probability of the occurrence	5687
of an event relating to the casino game, or analyzing the strategy	5688
for playing or betting to be used in the casino game, except as	5689
permitted by the commission;	5690

(4)(2) Cheats at a casino game;

5691

(5)(3) Manufactures, sells, or distributes any cards, chips,	5692
dice, game, or device that is intended to be used to violate this	5693
chapter;	5694

(6)(4) Alters or misrepresents the outcome of a casino game	5695
on which wagers have been made after the outcome is made sure but	5696
before the outcome is revealed to the players;	5697

(7)(5) Places, increases, or decreases a wager on the outcome	5698
of a casino game after acquiring knowledge that is not available	5699
to all players and concerns the outcome of the casino game that is	5700
the subject of the wager;	5701

(8)(6) Aids a person in acquiring the knowledge described in	5702
division (E)(7)(5) of this section for the purpose of placing,	5703
increasing, or decreasing a wager contingent on the outcome of a	5704
casino game;	5705

(9)(7) Claims, collects, takes, or attempts to claim,	5706
collect, or take money or anything of value in or from a casino	5707
game with the intent to defraud or without having made a wager	5708
contingent on winning a casino game;	5709

(10)(8) Claims, collects, or takes an amount of money or	5710
thing of value of greater value than the amount won in a casino	5711
game;	5712

(11)(9) Uses or possesses counterfeit chips or, tokens, or	5713
cashless wagering instruments in or for use in a casino game;	5714

(12)(10) Possesses a key or device designed for opening,	5715
entering, or affecting the operation of a casino game, drop box,	5716
or an electronic or a mechanical device connected with the casino	5717
game or removing coins, tokens, chips, or other contents of a	5718
casino game. This division does not apply to a casino operator,	5719
management company, or gaming-related vendor or their agents and	5720
employees in the course of agency or employment.	5721

(13)(11) Possesses materials used to manufacture a slug or	5722
device intended to be used in a manner that violates this chapter;	5723

(14)(12) Operates a casino gaming operation in which wagering	5724
is conducted or is to be conducted in a manner other than the	5725
manner required under this chapter.	5726

(F) The possession of more than one of the devices described	5727
in division (E)(11)(9), (12)(10), or (13)(11) of this section	5728
creates a rebuttable presumption that the possessor intended to	5729
use the devices for cheating.	5730

(G) A person who knowingly or intentionally does any of the	5731
following commits a felony of the third degree. If the person is a	5732
licensee under this chapter, the commission shall revoke the	5733
person's license after the first offense. A public servant or	5734
party official who is convicted under this division is forever	5735
disqualified from holding any public office, employment, or	5736
position of trust in this state.	5737

(1) Offers, promises, or gives anything of value or benefit	5738
to a person who is connected with the casino operator, management	5739
company, holding company, or gaming-related vendor, including	5740
their officers and employees, under an agreement to influence or	5741
with the intent to influence the actions of the person to whom the	5742
offer, promise, or gift was made in order to affect or attempt to	5743
affect the outcome of a casino game or an official action of a	5744
commission member, agent, or employee;	5745

(2) Solicits, accepts, or receives a promise of anything of	5746
value or benefit while the person is connected with a casino,	5747
including an officer or employee of a casino operator, management	5748
company, or gaming-related vendor, under an agreement to influence	5749
or with the intent to influence the actions of the person to	5750
affect or attempt to affect the outcome of a casino game or an	5751
official action of a commission member, agent, or employee;	5752

(H) A person who is convicted of a felony described in this	5753
chapter may be barred for life from entering a casino facility by	5754
the commission.	5755

Sec. 4301.03.  The liquor control commission may adopt and	5756
promulgate, repeal, rescind, and amend, in the manner required by	5757
this section, rules, standards, requirements, and orders necessary	5758
to carry out this chapter and Chapter 4303. of the Revised Code,	5759
but all rules of the board of liquor control that were in effect	5760
immediately prior to April 17, 1963, shall remain in full force	5761
and effect as rules of the liquor control commission until and	5762
unless amended or repealed by the liquor control commission. The	5763
rules of the commission may include the following:	5764

(A) Rules with reference to applications for and the issuance	5765
of permits for the manufacture, distribution, transportation, and	5766
sale of beer and intoxicating liquor, and the sale of alcohol; and	5767
rules governing the procedure of the division of liquor control in	5768
the suspension, revocation, and cancellation of those permits;	5769

(B) Rules and orders providing in detail for the conduct of	5770
any retail business authorized under permits issued pursuant to	5771
this chapter and Chapter 4303. of the Revised Code, with a view to	5772
ensuring compliance with those chapters and laws relative to them,	5773
and the maintenance of public decency, sobriety, and good order in	5774
any place licensed under the permits. No rule or order shall	5775
prohibit the operation of video lottery terminal games at a	5776
commercial race track where live horse racing and simulcasting are	5777
conducted in accordance with Chapter 3769. of the Revised Code or	5778
the sale of lottery tickets issued pursuant to Chapter 3770. of	5779
the Revised Code by any retail business authorized under permits	5780
issued pursuant to that chapter.	5781

No rule or order shall prohibit pari-mutuel wagering on	5782
simulcast horse races at a satellite facility that has been issued	5783
a D liquor permit under Chapter 4303. of the Revised Code. No rule	5784
or order shall prohibit a charitable organization that holds a D-4	5785
permit from selling or serving beer or intoxicating liquor under	5786
its permit in a portion of its premises merely because that	5787
portion of its premises is used at other times for the conduct of	5788
a bingo game, as described in division (S)(O) of section 2915.01	5789
of the Revised Code. However, such an organization shall not sell	5790
or serve beer or intoxicating liquor or permit beer or	5791
intoxicating liquor to be consumed or seen in the same location in	5792
its premises where a bingo game, as described in division	5793
(S)(O)(1) of section 2915.01 of the Revised Code, is being	5794
conducted while the game is being conducted. As used in this	5795
division, "charitable organization" has the same meaning as in	5796
division (H) of section 2915.01 of the Revised Code. No rule or	5797
order pertaining to visibility into the premises of a permit	5798
holder after the legal hours of sale shall be adopted or	5799
maintained by the commission.	5800

(C) Standards, not in conflict with those prescribed by any	5801
law of this state or the United States, to secure the use of	5802
proper ingredients and methods in the manufacture of beer, mixed	5803
beverages, and wine to be sold within this state;	5804

(D) Rules determining the nature, form, and capacity of all	5805
packages and bottles to be used for containing beer or	5806
intoxicating liquor, except for spirituous liquor to be kept or	5807
sold, governing the form of all seals and labels to be used on	5808
those packages and bottles, and requiring the label on every	5809
package, bottle, and container to state the ingredients in the	5810
contents and, except on beer, the terms of weight, volume, or	5811
proof spirits, and whether the same is beer, wine, alcohol, or any	5812
intoxicating liquor except for spirituous liquor;	5813

(E) Uniform rules governing all advertising with reference to	5814
the sale of beer and intoxicating liquor throughout the state and	5815
advertising upon and in the premises licensed for the sale of beer	5816
or intoxicating liquor;	5817

(F) Rules restricting and placing conditions upon the	5818
transfer of permits;	5819

(G) Rules and orders limiting the number of permits of any	5820
class within the state or within any political subdivision of the	5821
state; and, for that purpose, adopting reasonable classifications	5822
of persons or establishments to which any authorized class of	5823
permits may be issued within any political subdivision;	5824

(H) Rules and orders with reference to sales of beer and	5825
intoxicating liquor on Sundays and holidays and with reference to	5826
the hours of the day during which and the persons to whom	5827
intoxicating liquor of any class may be sold, and rules with	5828
reference to the manner of sale;	5829

(I) Rules requiring permit holders buying beer to pay and	5830
permit holders selling beer to collect minimum cash deposits for	5831
kegs, cases, bottles, or other returnable containers of the beer;	5832
requiring the repayment, or credit, of the minimum cash deposit	5833
charges upon the return of the empty containers; and requiring the	5834
posting of such form of indemnity or such other conditions with	5835
respect to the charging, collection, and repayment of minimum cash	5836
deposit charges for returnable containers of beer as are necessary	5837
to ensure the return of the empty containers or the repayment upon	5838
that return of the minimum cash deposits paid;	5839

(J) Rules establishing the method by which alcohol products	5840
may be imported for sale by wholesale distributors and the method	5841
by which manufacturers and suppliers may sell alcohol products to	5842
wholesale distributors.	5843

Every rule, standard, requirement, or order of the commission	5844
and every repeal, amendment, or rescission of them shall be posted	5845
for public inspection in the principal office of the commission	5846
and the principal office of the division of liquor control, and a	5847
certified copy of them shall be filed in the office of the	5848
secretary of state. An order applying only to persons named in it	5849
shall be served on the persons affected by personal delivery of a	5850
certified copy, or by mailing a certified copy to each person	5851
affected by it or, in the case of a corporation, to any officer or	5852
agent of the corporation upon whom a service of summons may be	5853
served in a civil action. The posting and filing required by this	5854
section constitutes sufficient notice to all persons affected by	5855
such rule or order which is not required to be served. General	5856
rules of the commission promulgated pursuant to this section shall	5857
be published in the manner the commission determines.	5858

Sec. 4303.17. (A)(1) Permit D-4 may be issued to a club that	5859
has been in existence for three years or more prior to the	5860
issuance of the permit to sell beer and any intoxicating liquor to	5861
its members only, in glass or container, for consumption on the	5862
premises where sold. The fee for this permit is four hundred	5863
sixty-nine dollars.	5864

No D-4 permit shall be granted or retained until all elected	5865
officers of the organization controlling the club have filed with	5866
the division of liquor control a statement, signed under oath,	5867
certifying that the club is operated in the interest of the	5868
membership of a reputable organization, which is maintained by a	5869
dues paying membership, and setting forth the amount of initiation	5870
fee and yearly dues.	5871

The roster of membership of a D-4 permit holder shall be	5872
submitted under oath on the request of the superintendent of	5873
liquor control. Any information acquired by the superintendent or	5874
the division with respect to that membership shall not be open to	5875
public inspection or examination and may be divulged by the	5876
superintendent and the division only in hearings before the liquor	5877
control commission or in a court action in which the division or	5878
the superintendent is named a party.	5879

(2) The requirement that a club shall have been in existence	5880
for three years in order to qualify for a D-4 permit does not	5881
apply to units of organizations chartered by congress or to a	5882
subsidiary unit of a national fraternal organization if the parent	5883
organization has been in existence for three years or more at the	5884
time application for a permit is made by that unit.	5885

(B) No rule or order of the division or commission shall	5886
prohibit a charitable organization that holds a D-4 permit from	5887
selling or serving beer or intoxicating liquor under its permit in	5888
a portion of its premises merely because that portion of its	5889
premises is used at other times for the conduct of a bingo game as	5890
described in division (S)(O)(1) of section 2915.01 of the Revised	5891
Code. However, such an organization shall not sell or serve beer	5892
or intoxicating liquor or permit beer or intoxicating liquor to be	5893
consumed or seen in the same location in its premises where a	5894
bingo game as described in division (S)(O)(1) of section 2915.01	5895
of the Revised Code is being conducted while the game is being	5896
conducted. As used in this division, "charitable organization" has	5897
the same meaning as in division (H) of section 2915.01 of the	5898
Revised Code.	5899

(C) Notwithstanding any contrary provision of sections	5900
4301.32 to 4301.41, division (C)(1) of section 4303.29, and	5901
section 4305.14 of the Revised Code, the holder of a D-4 permit	5902
may transfer the location of the permit and sell beer and wine at	5903
the new location if that location is in an election precinct in	5904
which the sale of beer and wine, but not spirituous liquor,	5905
otherwise is permitted by law.	5906

Sec. 5753.01.  As used in Chapter 5753. of the Revised Code	5907
and for no other purpose under Title LVII of the Revised Code:	5908

(A) "Casino facility" has the same meaning as in section	5909
3772.01 of the Revised Code.	5910

(B) "Casino gaming" has the same meaning as in section	5911
3772.01 of the Revised Code.	5912

(C) "Casino operator" has the same meaning as in section	5913
3772.01 of the Revised Code.	5914

(D) "Gross casino revenue" means the total amount of money	5915
exchanged for the purchase of chips, tokens, tickets, electronic	5916
cards, or similar objects by casino patrons, less winnings paid to	5917
wagerers. "Gross casino revenue" does not include the:	5918

(1) The issuance to casino patrons or wagering by casino	5919
patrons of any promotional gaming credit as defined in section	5920
3772.01 of the Revised Code. When issuance of the promotional	5921
gaming credit requires money exchanged as a match from the patron,	5922
the excludible portion of the promotional gaming credit does not	5923
include the portion of the wager purchased by the patron.	5924

(2) Bad debts from receipts on the basis of which the tax	5925
imposed by this chapter was paid in a prior tax period to the	5926
extent not previously excluded. For the purpose of this division,	5927
"bad debts" means any debts that have become worthless or	5928
uncollectible in a prior tax period, have been uncollected for at	5929
least six months, and that may be claimed as a deduction under	5930
section 166 of the Internal Revenue Code and the regulations	5931
adopted under that section, or that could be claimed as such if	5932
the taxpayer kept its accounts on the accrual basis. "Bad debts"	5933
does not include repossessed property, uncollectible amounts on	5934
property that remains in the possession of the casino operator	5935
until the full purchase price is paid, or expenses in attempting	5936
to collect any account receivable or for any portion of the debt	5937
recovered.	5938

(E) "Person" has the same meaning as in section 3772.01 of	5939
the Revised Code.	5940

(F) "Slot machine" has the same meaning as in section 3772.01	5941
of the Revised Code.	5942

(G) "Table game" has the same meaning as in section 3772.01	5943
of the Revised Code.	5944

(H) "Tax period" means one twenty-four-hour period with	5945
regard to which a casino operator is required to pay the tax	5946
levied by this chapter.	5947

Sec. 5753.03.  (A) For the purpose of receiving and	5948
distributing, and accounting for, revenue received from the tax	5949
levied by section 5753.02 of the Revised Code, the following funds	5950
are created in the state treasury:	5951

(1) The casino tax revenue fund;

5952

(2) The gross casino revenue county fund;

5953

(3) The gross casino revenue county student fund;

5954

(4) The gross casino revenue host city fund;

5955

(5) The Ohio state racing commission fund;

5956

(6) The Ohio law enforcement training fund;

5957

(7) The problem casino gambling and addictions fund;

5958

(8) The casino control commission fund;

5959

(9) The casino tax administration fund.

5960

(B) All moneys collected from the tax levied under this	5961
chapter shall be deposited into the casino tax revenue fund.	5962

(C) From the casino tax revenue fund the director of budget	5963
and management shall transfer as needed to the tax refund fund	5964
amounts equal to the refunds certified by the tax commissioner	5965
under section 5753.06 of the Revised Code.	5966

(D) After making any transfers required by division (C) of	5967
this section, but not later than the fifteenth day of the month	5968
following the end of each calendar quarter, the director of budget	5969
and management shall transfer amounts to each fund as follows:	5970

(1) Fifty-one per cent to the gross casino revenue county	5971
fund to make payments as required by Section 6(C)(3)(a) of Article	5972
XV, Ohio Constitution;	5973

(2) Thirty-four per cent to the gross casino revenue county	5974
student fund to make payments as required by Section 6(C)(3)(b) of	5975
Article XV, Ohio Constitution;	5976

(3) Five per cent to the gross casino revenue host city fund	5977
for the benefit of the cities in which casino facilities are	5978
located;	5979

(4) Three per cent to the Ohio state racing commission fund	5980
to support horse racing in this state at which the pari-mutuel	5981
system of wagering is conducted;	5982

(5) Two per cent to the Ohio law enforcement training fund to	5983
support law enforcement functions in the state;	5984

(6) Two per cent to the problem casino gambling and	5985
addictions fund to support efforts to alleviate problem gambling	5986
and substance abuse and related research in the state;	5987

(7) Three per cent to the casino control commission fund to	5988
support the operations of the Ohio casino control commission and	5989
to defray the cost of administering the tax levied under section	5990
5753.02 of the Revised Code.	5991

Payments under divisions (D)(1), (2), and (3) of this section	5992
shall be made by the end of the month following the end of the	5993
quarterly period. The tax commissioner shall make the data	5994
available to the director of budget and management for this	5995
purpose.	5996

Of the money credited to the Ohio law enforcement training	5997
fund, the director of budget and management shall distribute	5998
eighty-five per cent of the money to the Ohio peace officer	5999
training academy and fifteen per cent of the money to the division	6000
of criminal justice services.	6001

(E)(1) The tax commissioner shall serve as an agent of the	6002
counties of this state only for the purposes of this division and	6003
solely to make payments directly to municipal corporations and	6004
school districts, as applicable, on the counties' behalf.	6005

(2) On or before the thirtieth day of the month following the	6006
end of each calendar quarter, the tax commissioner shall provide	6007
for payment from the funds referenced in divisions (D)(1), (2),	6008
and (3) of this section to each county, municipal corporation, and	6009
school district as prescribed in those divisions.	6010

(F) The director of budget and management shall transfer one	6011
per cent of the money credited to the casino control commission	6012
fund to the casino tax administration fund. The tax commissioner	6013
shall use the casino tax administration fund to defray the costs	6014
incurred in administering the tax levied by this chapter.	6015

Section 2.  That existing sections 122.014, 173.121, 2505.09,	6016
2505.12, 2915.01, 2915.02, 2915.06, 2915.08, 2915.09, 2915.091,	6017
2915.092, 2915.093, 2915.094, 2915.10, 2915.101, 2915.12, 2923.31,	6018
2933.51, 3301.0714, 3769.08, 3769.087, 3769.089, 3769.201,	6019
3769.21, 3770.02, 3770.05, 3770.07, 3770.071, 3770.21, 3772.01,	6020
3772.03, 3772.04, 3772.091, 3772.10, 3772.13, 3772.16, 3772.17,	6021
3772.28, 3772.99, 4301.03, 4303.17, 5753.01, and 5753.03, and	6022
section 3772.14 of the Revised Code are hereby repealed.	6023

Section 3. That Section 261.20.90 of Am. Sub. H.B. 153 of the	6024
129th General Assembly be amended to read as follows:	6025

Sec. 261.20.90. OHIO INCUMBENT WORKFORCE TRAINING VOUCHERS

6026

(A) On July 1, 2011, or as soon as possible thereafter, the	6027
Director of Budget and Management shall transfer up to $20,000,000	6028
from the Economic Development Programs Fund (Fund 5JC0) used by	6029
the Board of Regents to the Ohio Incumbent Workforce Job Training	6030
Fund (Fund 5HR0) used by the Department of Development.	6031

On July 1, 2012, or as soon as possible thereafter, the	6032
Director of Budget and Management shall transfer up to $30,000,000	6033
from the Economic Development Programs Fund (Fund 5JC0) used by	6034
the Board of Regents to the Ohio Incumbent Workforce Job Training	6035
Fund (Fund 5HR0) used by the Department of Development.	6036

(B) Of the foregoing appropriation item 195526, Ohio	6037
Workforce Job Training, up to $20,000,000 in fiscal year 2012 and	6038
up to $30,000,000 in fiscal year 2013 shall be used to support the	6039
Ohio Incumbent Workforce Training Voucher Program. Any unexpended	6040
and unencumbered portion of the appropriation item remaining at	6041
the end of fiscal year 2012 is hereby appropriated for the same	6042
purpose in fiscal year 2013. The Director of Development and the	6043
Chief Investment Officer of JobsOhio may enter into an agreement	6044
to operate the program pursuant to the contract between the	6045
Department of Development and JobsOhio under section 187.04 of the	6046
Revised Code. The agreement may include a provision for granting,	6047
loaning, or transferring funds from appropriation item 195526,	6048
Ohio Incumbent Workforce Job Training, to JobsOhio to provide	6049
training for incumbent workers.	6050

(C) Regardless of any agreement between the Director and the	6051
Chief Investment Officer under division (B) of this section, the	6052
Ohio Incumbent Workforce Training Voucher Program shall conform to	6053
guidelines for the operation of the program, including, but not	6054
limited to, the following:	6055

(1) A requirement that a training voucher under the program	6056
shall not exceed $6,000 per worker per year;	6057

(2) A provision for an employer of an eligible employee to	6058
apply for a voucher on behalf of the eligible employee;	6059

(3) A provision for an eligible employee to apply directly	6060
for a training voucher with the pre-approval of the employee's	6061
employer; and	6062

(4) A requirement that an employee participating in the	6063
program, or the employee's employer, shall pay for not less than	6064
thirty-three per cent of the training costs under the program.	6065

DEFENSE DEVELOPMENT ASSISTANCE

6066

On July 1 of each fiscal year, or as soon as possible	6067
thereafter, the Director of Budget and Management shall transfer	6068
$5,000,000 in cash from the Economic Development Projects Fund	6069
(Fund 5JC0) used by the Board of Regents to the Ohio Incumbent	6070
Workforce Job Training Fund (Fund 5HR0) used by the Department of	6071
Development. The transferred funds are hereby appropriated in	6072
appropriation item 195622, Defense Development Assistance.	6073

The foregoing appropriation item 195622, Defense Development	6074
Assistance, shall be used for economic development programs and	6075
the creation of new jobs to leverage and support mission gains at	6076
Department of Defense facilities in Ohio by working with future	6077
base realignment and closure activities and ongoing Department of	6078
Defense efficiency initiatives, assisting efforts to secure	6079
Department of Defense support contracts for Ohio companies,	6080
assessing and supporting regional job training and workforce	6081
development needs generated by the Department of Defense and the	6082
Ohio aerospace industry, and for expanding job training and	6083
economic development programs in human performance related	6084
initiatives. These funds shall be matched by private industry	6085
partners or the Department of Defense in an aggregate amount of	6086
$6,000,000 over the FY 2012-FY 2013 biennium.	6087

Section 4. That existing Section 261.20.90 of Am. Sub. H.B.	6088
153 of the 129th General Assembly is hereby repealed.	6089

Section 5.  That Section 3 of Sub. H.B. 277 of the 129th	6090
General Assembly be amended to read as follows:	6091

Sec. 3. (A) Notwithstanding sections 3769.04 and 3769.13 of	6092
the Revised Code, for a period of two years after the effective	6093
date of this section, a permit holder who is eligible to become a	6094
video lottery sales agent may apply to the State Racing Commission	6095
to move its track to another location using the following approval	6096
procedure:	6097

(1) The permit holder shall submit, for the consideration of	6098
the State Racing Commission in its determination on whether to	6099
approve the transfer, its proposal to the State Racing Commission	6100
and shall specify the location of the new track and the	6101
incremental economic benefits the permit holder is willing to	6102
provide to the state.	6103

(2) The State Racing Commission shall approve or deny the	6104
transfer.	6105

(3) The permit holder may apply to the State Lottery	6106
Commission for a video lottery sales agent license at the new	6107
track location.	6108

(B) The State Racing Commission, subject to division (D) of	6109
this section, shall give preference to transfer proposals	6110
involving moves to locations in which neither horse-racing	6111
meetings nor casino gaming have been authorized before July 1,	6112
2011. A permit holder that is authorized to transfer its track	6113
under this section and that is a video lottery sales agent may	6114
operate at a temporary facility at its new location while	6115
constructing or otherwise preparing its new track at that	6116
location. A permit holder that is not transferring its track and	6117
is remaining at its permitted location and that is a video lottery	6118
sales agent may operate a temporary facility at its permitted	6119
location while constructing or otherwise preparing its permanent	6120
video lottery terminal facility at its track. A temporary	6121
facility, either at a new track location or an existing track	6122
location of a track that does not transfer its track, shall meet	6123
any minimal capital investment and structure requirements	6124
established by rule by the State Racing Commission in conjunction	6125
with the State Lottery Commission.	6126

(C) The state may discuss and negotiate with parties	6127
regarding the transferring of racing permits to new track	6128
locations and may, in its discretion, enter into agreements	6129
regarding the transfer of permits to new locations in advance of	6130
the process set forth in this section.	6131

(D) A permit holder who is located on property owned by a	6132
political subdivision may move its track to a new location within	6133
twenty miles of its current location. Such a permit holder shall	6134
not be charged any fee by the state in exchange for applying for a	6135
move, for having its move approved, or for moving its existing	6136
track as specified under this division. The State Racing	6137
Commission shall give a preference greater than the preference	6138
given under division (B) of this section to such a permit holder	6139
as part of the approval procedure.	6140

(E) Chapter 2915. of the Revised Code does not apply to,	6141
affect, or prohibit lotteries or video lotteries conducted under	6142
this section and Chapter 3770. of the Revised Code. The State	6143
Racing Commission may not adopt rules regarding the operation of	6144
lotteries or video lotteries conducted under Chapter 3770. of the	6145
Revised Code.	6146

(F) The State Racing Commission may adopt rules under Chapter	6147
119. of the Revised Code to effectuate this section and to	6148
establish fees to relocate tracks for applicants under this	6149
section.	6150

(G) As used in this section:

6151

(1) "Permit holder" means a person that has been authorized	6152
by the State Racing Commission to conduct one or more horse-racing	6153
meetings under Chapter 3769. of the Revised Code.	6154

(2) "Track" means any place, track, or enclosure where a	6155
permit holder conducts live horse racing for profit at a racing	6156
meeting. "Track" includes facilities or premises contiguous or	6157
adjacent to those places, tracks, or enclosures.	6158

(3) "Video lottery sales agent" means a person who is a	6159
permit holder and holds a current license issued by the State	6160
Lottery Commission to assist the Commission in conducting video	6161
lotteries through the use of video lottery terminals at a track.	6162

Section 6.  That existing Section 3 of Sub. H.B. 277 of the	6163
129th General Assembly is hereby repealed.	6164

Section 7.  That Section 4 of Sub. H.B. 277 of the 129th	6165
General Assembly is hereby repealed.	6166

Section 8.  (A) The Governor is authorized to execute a deed	6167
in the name of the state conveying to Lebanon Trotting Club, Inc.,	6168
and Miami Valley Trotting, Inc., the holders of pari-mutuel racing	6169
permits issued by the State Racing Commission, or to their	6170
respective successors and assigns (hereinafter collectively	6171
referred to as the "grantee"), all of the state's right, title,	6172
and interest in the following described real estate:	6173

Situated in Turtlecreek Township, City of Lebanon, County of	6174
Warren, State of Ohio and being part of Warren County Parcel Nos.	6175
11064000140 and 12363000030, which land is situated at the	6176
northeast corner of the intersection of State Route 63 and Union	6177
Road, and is bounded to the west by Union Road, to the south by	6178
Route 63, and to the east by a private roadway used by the	6179
Department of Rehabilitation and Correction for ingress and egress	6180
from Route 63 to the Lebanon Correctional Institution's dairy	6181
barn. The northerly boundary shall be established by a survey	6182
designed to ensure that the land to be conveyed does not exceed	6183
one hundred twenty acres.	6184

In preparing the deed, the Auditor of State, with the	6185
assistance of the Attorney General, may modify the foregoing	6186
description insofar as necessary to bring it into conformity with	6187
the actual bounds of the real estate being described.	6188

(B) Consideration for conveyance of the real estate is four	6189
million five hundred thousand dollars.	6190

(C) The net proceeds of the sale of the real estate shall be	6191
deposited in the state treasury to the credit of the Department of	6192
Rehabilitation and Correction, Fund 2000, appropriation item	6193
501607, Ohio Penal Industries, which contains funds for	6194
expenditures on farm and agricultural uses, for which these	6195
proceeds shall be used.	6196

(D) The grantee, following the conveyance of the real estate,	6197
and in accordance with the terms of the purchase contract, shall	6198
do all of the following:	6199

(1) Permit the state and its successors and assigns perpetual	6200
ingress and egress rights to the culvert and roadway located along	6201
the easterly line of the real estate, which culvert and roadway	6202
are presently used by the state to access the Lebanon Correctional	6203
Institution's dairy barn. The grantee shall be responsible for all	6204
costs related to the continued maintenance of the culvert and	6205
roadway in their current condition.	6206

(2) Create and maintain, at the grantee's sole cost, a	6207
landscape buffer zone along the perimeter of the real estate. The	6208
design, location, and materials used in the landscape buffer zone	6209
shall be approved by the state.	6210

(3) Coordinate with the appropriate state and local	6211
authorities to improve State Route 63 with new signage and	6212
adequate turning lanes.	6213

(E) The grantee shall not use, develop, or sell the premises	6214
such that it will interfere with the quiet enjoyment of the	6215
neighboring state-owned land.	6216

(F) The real estate shall be sold as an entire tract and not	6217
in parcels.	6218

(G) The grantee shall pay all costs associated with the	6219
purchase and conveyance of the real estate, which costs shall	6220
include, but are not limited to, the following: surveying costs;	6221
title costs; preparation of metes and bounds property	6222
descriptions; appraisals; environmental studies, assessments, and	6223
remediation; and deed recordation costs.	6224

(H) The Auditor of State, with the assistance of the Attorney	6225
General, shall prepare a deed to the real estate. The deed shall	6226
state the consideration and the conditions. The deed shall be	6227
executed by the Governor in the name of the state, countersigned	6228
by the Secretary of State, sealed with the Great Seal of the	6229
State, presented in the Office of the Auditor of State for	6230
recording, and delivered to the grantee. The grantee shall present	6231
the deed for recording in the Office of the Warren County	6232
Recorder.	6233

(I) This section expires two years after its effective date.

6234

Section 9.  (A) As used in this section:

6235

(1) "Permit holder" means a person that has been authorized	6236
by the State Racing Commission to conduct one or more horse-racing	6237
meetings under Chapter 3769. of the Revised Code.	6238

(2) "Track" means any place, track, or enclosure where a	6239
permit holder conducts live horse racing for profit at a racing	6240
meeting. "Track" includes facilities or premises contiguous or	6241
adjacent to those places, tracks, or enclosures.	6242

(B) There is hereby created in the state treasury the	6243
Racetrack Relocation Fund. The fund shall receive any money paid	6244
to the state by horse-racing permit holders for the privilege to	6245
relocate to a new facility in accordance with Section 3 of Sub.	6246
H.B. 277 of the 129th General Assembly, as amended by this act.	6247
Upon the allocation of all the money in the fund in accordance	6248
with this section, the fund shall cease to exist.	6249

(C) There is hereby created in the state treasury the	6250
Racetrack Facility Community Economic Redevelopment Fund into	6251
which shall be deposited moneys as specified by this section and	6252
rules promulgated by the State Racing Commission. The fund shall	6253
be used for repurposing or demolishing of an abandoned	6254
horse-racing facility or reinvestment in the area, neighborhood,	6255
and community near an abandoned facility. Any remaining funds	6256
shall be transferred to the General Revenue Fund. Upon the	6257
allocation of all the money in the fund in accordance with this	6258
section, the fund shall cease to exist.	6259

(D) The Director of Development or any successor department	6260
or agency shall oversee and administer the Racetrack Facility	6261
Community Economic Redevelopment Fund for the purpose of the	6262
repurposing or demolishing of an abandoned horse-racing facility	6263
or reinvestment in the area, neighborhood, and community near an	6264
abandoned facility through loans and grants. The Director shall	6265
provide guidelines for racetrack facility community economic	6266
development projects in the state. Projects may include, but are	6267
not limited to, site planning, site certification, structure	6268
demolition, physical site redevelopment, relocation of utilities,	6269
or construction. Projects shall not incorporate acquisition and	6270
related expense. Moneys in the fund may be used to pay reasonable	6271
costs incurred by the Director in administering this section.	6272

(E) The moneys in the Racetrack Relocation Fund shall be	6273
allocated to the following funds in the following amounts:	6274

(1) Five hundred thousand dollars to the Problem Casino	6275
Gambling and Addictions Fund described in Section 6(C)(3)(g) of	6276
Article XV, Ohio Constitution, to be used for research and data	6277
collection on gambling addiction issues;	6278

(2) Not more than three million dollars to the previous	6279
community of each moved track, which shall be deposited in the	6280
Racetrack Facility Community Economic Redevelopment Fund;	6281

(3) The remainder to the General Revenue Fund.

6282

(F) Communities whose permit holders did not pay to move its	6283
track to a new location are not eligible for funds in the	6284
Racetrack Facility Community Economic Redevelopment Fund.	6285

Section 10.  Except as otherwise provided in this act, all	6286
appropriation items in this act are appropriated out of any moneys	6287
in the state treasury to the credit of the designated fund that	6288
are not otherwise appropriated. For all appropriations made in	6289
this act, the amounts in the first column are for fiscal year 2012	6290
and the amounts in the second column are for fiscal year 2013.	6291

DEV DEPARTMENT OF DEVELOPMENT	6292

XXXX

195XXX

Racetrack Facility Community Economic Redevelopment Fund

$

12,000,000

$

0

6293

The foregoing appropriation item 195XXX, Racetrack Facility	6294
Community Economic Redevelopment Fund, shall be used for the	6295
purpose of the repurposing or demolishing of an abandoned	6296
horse-racing facility or reinvestment in the area, neighborhood,	6297
and community near an abandoned facility. Any unexpended and	6298
unencumbered portion of this appropriation item at the end of	6299
fiscal year 2012 is hereby reappropriated for the same purpose in	6300
fiscal year 2013. Revenue in the fund may be used to pay	6301
reasonable costs incurred by the Director of Development in	6302
administering the program.	6303

Section 11.  Notwithstanding any provision in law to the	6304
contrary, the Director of Alcohol and Drug Addiction Services	6305
shall complete a study to identify the current status of gaming	6306
addiction problems within the state. In fiscal year 2013, the	6307
Director may certify to the Director of Budget and Management the	6308
cost, not exceeding two hundred fifty thousand dollars, incurred	6309
by the Department of Alcohol and Drug Addiction Services in	6310
conducting the gaming addiction study. In response to receiving	6311
this certification, the Director of Budget and Management may	6312
transfer the cost of the study in cash to the Problem Casino and	6313
Gambling Addictions Fund (Fund 5JL0) to reimburse the fund for	6314
costs incurred in conducting the study.	6315

Section 12.  The items of law contained in this act, and	6316
their applications, are severable. If any item of law contained in	6317
this act, or if any application of any item of law contained in	6318
this act, is held invalid, the invalidity does not affect other	6319
items of law contained in this act and their applications that can	6320
be given effect without the invalid item of law or application.	6321

Section 13. The amendment by this act of sections 3769.08,	6322
3769.201, and 3769.21 and division (A) of section 3769.087 of the	6323
Revised Code takes effect July 1, 2013.	6324

Section 14.  The amendment by this act of sections 3770.02	6325
and 5753.03 of the Revised Code are an emergency measure necessary	6326
for the immediate preservation of the public peace, health, and	6327
safety. The reason for such necessity is the importance of not	6328
delaying licensing procedures and money distribution. Therefore,	6329
the amendment by this act of sections 3770.02 and 5753.03 of the	6330
Revised Code goes into immediate effect.	6331