As Introduced

130th General Assembly
Regular Session
2013-2014
S. B. No. 141


Senators Obhof, Hughes 



A BILL
To amend section 3772.99 of the Revised Code to 1
create penalties related to casino gaming and 2
transacting with a casino facility.3


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

       Section 1. That section 3772.99 of the Revised Code be 4
amended to read as follows:5

       Sec. 3772.99.  (A) The commission shall levy and collect 6
penalties for noncriminal violations of this chapter. Noncriminal 7
violations include using the term "casino" in any advertisement in 8
regard to a facility operating video lottery terminals, as defined 9
in section 3770.21 of the Revised Code, in this state. Moneys 10
collected from such penalty levies shall be credited to the 11
general revenue fund.12

       (B) If a licensed casino operator, management company, 13
holding company, gaming-related vendor, or key employee violates 14
this chapter or engages in a fraudulent act, the commission may 15
suspend or revoke the license and may do either or both of the 16
following:17

       (1) Suspend, revoke, or restrict the casino gaming operations 18
of a casino operator;19

       (2) Require the removal of a management company, key 20
employee, or discontinuance of services from a gaming-related 21
vendor.22

       (C) The commission shall impose civil penalties against a 23
person who violates this chapter under the penalties adopted by 24
commission rule and reviewed by the joint committee on gaming and 25
wagering.26

       (D) A person who knowingly or intentionally does any of the 27
following commits a misdemeanor of the first degree on the first 28
offense and a felony of the fifth degree for a subsequent offense:29

       (1) Makes a false statement on an application submitted under 30
this chapter;31

       (2) Permits a person less than twenty-one years of age to 32
make a wager at a casino facility;33

       (3) Aids, induces, or causes a person less than twenty-one 34
years of age who is not an employee of the casino gaming operation 35
to enter or attempt to enter a casino facility;36

       (4) Enters or attempts to enter a casino facility while under 37
twenty-one years of age, unless the person enters a designated 38
area as described in section 3772.24 of the Revised Code;39

       (5) Is a casino operator or employee and participates in 40
casino gaming other than as part of operation or employment.41

       (E) A person who knowingly or intentionally does any of the 42
following commits a felony of the fifth degree on a first offense 43
and a felony of the fourth degree for a subsequent offense. If the 44
person is a licensee under this chapter, the commission shall 45
revoke the person's license after the first offense.46

       (1) Uses or possesses with the intent to use a device to 47
assist in projecting the outcome of the casino game, keeping track 48
of the cards played, analyzing the probability of the occurrence 49
of an event relating to the casino game, or analyzing the strategy 50
for playing or betting to be used in the casino game, except as 51
permitted by the commission;52

       (2) Cheats at a casino game;53

       (3) Manufactures, sells, or distributes any cards, chips, 54
dice, game, or device that is intended to be used to violate this 55
chapter;56

       (4) Alters or misrepresents the outcome of a casino game on 57
which wagers have been made after the outcome is made sure but 58
before the outcome is revealed to the players;59

       (5) Places, increases, or decreases a wager on the outcome of 60
a casino game after acquiring knowledge that is not available to 61
all players and concerns the outcome of the casino game that is 62
the subject of the wager;63

       (6) Aids a person in acquiring the knowledge described in 64
division (E)(5) of this section for the purpose of placing, 65
increasing, or decreasing a wager contingent on the outcome of a 66
casino game;67

       (7) Claims, collects, takes, or attempts to claim, collect, 68
or take money or anything of value in or from a casino game with 69
the intent to defraud or without having made a wager contingent on 70
winning a casino game;71

       (8) Claims, collects, or takes an amount of money or thing of 72
value of greater value than the amount won in a casino game;73

       (9) Uses or possesses counterfeit chips, tokens, or cashless 74
wagering instruments in or for use in a casino game;75

       (10) Possesses a key or device designed for opening, 76
entering, or affecting the operation of a casino game, drop box, 77
or an electronic or a mechanical device connected with the casino 78
game or removing coins, tokens, chips, or other contents of a 79
casino game. This division does not apply to a casino operator, 80
management company, or gaming-related vendor or their agents and 81
employees in the course of agency or employment.82

       (11) Possesses materials used to manufacture a device 83
intended to be used in a manner that violates this chapter;84

       (12) Operates a casino gaming operation in which wagering is 85
conducted or is to be conducted in a manner other than the manner 86
required under this chapter.87

       (F) The possession of more than one of the devices described 88
in division (E)(9), (10), or (11) of this section creates a 89
rebuttable presumption that the possessor intended to use the 90
devices for cheating.91

       (G) A person who knowingly or intentionally does any of the 92
following commits a felony of the third degree. If the person is a 93
licensee under this chapter, the commission shall revoke the 94
person's license after the first offense. A public servant or 95
party official who is convicted under this division is forever 96
disqualified from holding any public office, employment, or 97
position of trust in this state.98

       (1) Offers, promises, or gives anything of value or benefit 99
to a person who is connected with the casino operator, management 100
company, holding company, or gaming-related vendor, including 101
their officers and employees, under an agreement to influence or 102
with the intent to influence the actions of the person to whom the 103
offer, promise, or gift was made in order to affect or attempt to 104
affect the outcome of a casino game or an official action of a 105
commission member, agent, or employee;106

       (2) Solicits, accepts, or receives a promise of anything of 107
value or benefit while the person is connected with a casino, 108
including an officer or employee of a casino operator, management 109
company, or gaming-related vendor, under an agreement to influence 110
or with the intent to influence the actions of the person to 111
affect or attempt to affect the outcome of a casino game or an 112
official action of a commission member, agent, or employee;113

        (H) A person who knowingly or intentionally does any of the 114
following while participating in casino gaming or otherwise 115
transacting with a casino facility as permitted by Chapter 3772. 116
of the Revised Code commits a felony of the fifth degree on a 117
first offense and a felony of the fourth degree for a subsequent 118
offense:119

       (1) Causes or attempts to cause a casino facility to fail to 120
file a report required under 31 U.S.C. 5313(a) or 5325 or any 121
regulation prescribed thereunder or section 1315.53 of the Revised 122
Code, or to fail to file a report or maintain a record required by 123
an order issued under section 21 of the "Federal Deposit Insurance 124
Act" or section 123 of Pub. L. No. 91-508;125

       (2) Causes or attempts to cause a casino facility to file a 126
report required under 31 U.S.C. 5313(a) or 5325 or any regulation 127
prescribed thereunder or section 1315.53 of the Revised Code, to 128
file a report or to maintain a record required by any order issued 129
under 31 U.S.C. 5326, or to maintain a record required under any 130
regulation prescribed under section 21 of the "Federal Deposit 131
Insurance Act" or section 123 of Pub. L. No. 91-508 that contains 132
a material omission or misstatement of fact; 133

       (3) Structures a transaction, as defined in section 1315.51 134
of the Revised Code, assists in structuring a transaction, or 135
attempts to structure or assist in structuring a transaction with 136
one or more casino facilities.137

       (I) A person who is convicted of a felony described in this 138
chapter may be barred for life from entering a casino facility by 139
the commission.140

       Section 2. That existing section 3772.99 of the Revised Code 141
is hereby repealed.142