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(123rd General Assembly)(Senate Bill Number 14)
To amend sections 3769.02 and 3769.03 of the Revised Code to specify that the
Commission has the power to sue and be sued in its own name,
to grant the
Court of Common Pleas of Franklin County original jurisdiction over actions
against the Commission and appellate jurisdiction over decisions of the
Commission, and to require that the Commission's principal office be located
in Franklin County.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1 . That sections 3769.02 and 3769.03 of the Revised Code be amended
to read as
Sec. 3769.02. A state racing commission is hereby
established. It shall consist of five members, appointed by the
governor, with the advice and consent of the senate. Not more
than three members shall be affiliated with the same political
party. To be eligible for appointment, a person shall be a
qualified elector of the state and a resident of the state for
not less than five years immediately preceding
No person shall be appointed to the commission, nor be an employee
thereof of the commission, nor officiate at pari-mutuel
meetings conducted in this
state who is licensed or regulated, directly or indirectly, by
the commission other than for the position to which he the
appointed, nor shall he the person have any legal or beneficial
direct or indirect, pecuniary or otherwise, in any firm,
association, or corporation that is so licensed or regulated or
participates in pari-mutuel meetings in any manner, nor shall he the
participate in pari-mutuel meetings in any manner other than in
his the person's official capacity.
Terms of office shall be for four years, commencing on the
first day of April and ending on the thirty-first day of March.
Each member shall hold office from the date of
until the end of the term for which he was appointed. Vacancies
shall be filled by the governor with the advice and consent of
the senate. Any member appointed to fill a vacancy occurring
prior to the expiration of the term for which his the member's
appointed shall hold office for the remainder of such that term.
member shall continue in office subsequent to the expiration date
of his the member's term until his the member's
successor takes office, or until a period
of sixty days has elapsed, whichever occurs first. No vacancy on
the commission shall impair the power and authority of the
remaining members to exercise all the powers of the commission. One of the
members of the commission shall be named by the
governor as chairman chairperson of the commission at the time
of making the
appointment of any member for a full term.
chairman chairperson and the associate commissioners shall
a salary fixed pursuant to Chapter 124. of the Revised Code. When on
commission business and for attending commission
meetings, the commissioners shall be allowed actual and necessary
traveling expenses. The salaries and expenses shall be paid out
of the state racing commission operating fund created by section
3769.03 of the Revised Code.
Each commissioner, before entering upon the discharge of
his the official duties of commissioner, shall give a
bond, payable to the treasurer of state,
in the sum of ten thousand dollars with sufficient sureties to be
approved by the director of administrative services, which bond
shall be filed with the secretary of state.
The governor may remove any member for malfeasance,
misfeasance, or nonfeasance in office, giving
such the member a
of the charges against him the member and affording him
the member an opportunity to be
publicly heard in person or by counsel in his the member's own
not less than ten days' notice. If such the member is removed,
governor shall file in the office of the secretary of state a
complete statement of all charges made against the member and the
governor's finding thereon on the charges, together with a
complete report of
the proceedings, and the governor's decision thereon on the
charges is final.
The principal office of the commission shall be located in
Sec. 3769.03. The state racing commission shall prescribe
the rules and conditions under which horse racing may be
, and may issue, deny, suspend, diminish, or revoke
permits to conduct horse racing as authorized by sections 3769.01
to 3769.14 of the Revised Code. The commission may impose, in
addition to any other penalty imposed by the commission, fines in
an amount not to exceed ten thousand dollars on any permit holder
or any other person who violates the rules or orders of the
commission. The commission may prescribe what the forms of
that are permissible, the number of races, the procedures on wagering,
and the wagering information to be provided to the public.
The commission may require totalizator equipment to display
the amount of wagering in each wagering pool. The commission
shall initiate safeguards as necessary to account for the amount
if of money wagered at each track in each wagering pool. It may
require permit holders to install equipment that will provide a
complete check and analysis of the functioning of any computers
and require safeguards on their performance. The commission
shall require all permit holders, except those holding state
fair, county fair, or other fair permits, to provide a
photographic recording, approved by the commission, of the entire
running of all races conducted by the permit holder.
The state racing commission may issue, deny, suspend, or
revoke licenses to
such those persons engaged in racing and to
employees of permit holders as is in the public interest for the
purpose of maintaining a proper control over horse-racing
meetings. The commission may also, as is in the public interest
for the purpose of maintaining proper control over horse-racing
meetings, also may rule any person off a permit holder's premises.
License fees , which shall also include registration fees ,
be set by the commission. Each such license issued by the
commission, unless revoked for
cause, shall be for the period of one year from the first day of
January of the year in which it is issued, except as otherwise
provided in section 3769.07 of the Revised Code. Applicants for
licenses issued by the commission shall submit their fingerprints
to the commission, and the commission may forward the fingerprints
to the federal bureau of investigation or to any other agency, or
to both, for examination.
There is hereby created in the state treasury the state
racing commission operating fund. All license fees established
and collected by the commission pursuant to this section, and the
amounts specified in divisions (B) and (C) of section 3769.08 and
division (A)(6) of section 3769.087 of the Revised Code,
paid into the state treasury to the credit of the fund. Moneys
in the fund shall be expended by the commission to defray its
operating costs, salaries and expenses, and the cost of
administering and enforcing this chapter.
The commission may deny a permit to any permit holder that
has defaulted in payments to the public, employees, or the
horsemen and may deny a permit to any successor
purchaser of a
track for as long as any
such of those defaults have not been
either the seller or purchaser.
The commission shall deny a permit to any permit holder
that has defaulted in payments to the state
of Ohio or has defaulted in
payments required under section 3769.089 or 3769.0810 of the Revised Code
deny a permit to any successor purchaser of a track for as long
as such those defaults have not been satisfied by either the
Any violation of this chapter,
or of any rule of racing
adopted by the commission, or of any law or rule with respect to
racing in any jurisdiction shall be sufficient reason for a
refusal to issue a license, or a suspension or revocation of any
such license issued, pursuant to this section.
With respect to the issuance, denial, suspension, or
revocation of a license to a participant in horse racing, the
action of the commission shall be subject to Chapter 119. of the
The commission may sue and be sued in its own name. Any action against the
commission shall be brought in the court of common pleas of Franklin
Any appeal from a determination or decision of the
commission rendered in the exercise of its powers and duties under this
shall be brought in the court of common pleas of Franklin county.
shall, biennially, shall make a full report to
governor of its proceedings for the two-year period ending with
the thirty-first day of December preceding the convening of the
general assembly and shall embody therein include its
recommendations in the report.
The commission shall, semiannually, on the thirtieth day of June
and on the thirty-first day of December of each year, shall make a
report and accounting to the governor.
SECTION 2 . That existing sections 3769.02 and 3769.03 of the Revised Code are