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(123rd General Assembly)(Substitute Senate Bill Number 333)
AN ACT
To amend sections 1716.03 and 2915.08 of the Revised Code to require that
certain charitable organizations applying for a bingo license include in the
application their registration and financial reporting status, and to exempt
certain public schools and booster clubs that solicit contributions from the
requirements that they file registration statements with the Attorney General.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1 . That sections 1716.03 and 2915.08 of the Revised Code be amended to
read as follows:
Sec. 1716.03. The following shall not be required to file
a registration statement as provided in section 1716.02 of the
Revised Code: (A) Any religious agencies and organizations, and
charities, agencies, and organizations operated, supervised, or
controlled by a religious organization; (B) Any charitable organization that meets all of the
following requirements: (1) It has been in continuous existence in this state for
a period of at least two years; (2) It has received from the internal revenue service a
determination letter that is currently in effect, stating that
the charitable organization is exempt from federal income
taxation under subsection 501(a) and described in subsection
501(c)(3) of the Internal Revenue Code; (3) It has registered with the attorney general as a
charitable trust pursuant to section 109.26 of the Revised Code; (4) It has filed an annual report with and paid the
required fee to the attorney general pursuant to section 109.31
of the Revised Code. (C) Any educational institution, when solicitation of
contributions is confined to alumni, faculty, trustees, or the
student membership and their families; (D) Every person other than an individual, when
solicitation of contributions for a charitable purpose or on
behalf of a charitable organization is confined to its existing
membership, present or former employees, or present or former
trustees; (E) Any public primary or secondary school, when solicitation of
contributions is confined to alumni, faculty, or the general population of the
local school district; (F) Any booster club that is organized and operated in
conjunction with and for the benefit of students of public primary or
secondary schools; (G) Any charitable organization that does not receive
gross revenue, excluding grants or awards from the government or
an organization that is exempt from federal income taxation under
section 501(a) and described in section 501(c)(3) of the Internal
Revenue Code, in excess of twenty-five thousand dollars during
its immediately preceding fiscal year, if the organization does
not compensate any person primarily to solicit contributions. If the gross revenue, excluding grants or awards from the
government or an organization that is exempt from federal income
taxation under section 501(a) and described in section 501(c)(3)
of the Internal Revenue Code, of any charitable organization
received during any fiscal year exceeds twenty-five thousand
dollars, the charitable organization, within thirty days after
the receipt of the revenue, shall file a registration statement
with the attorney general pursuant to section 1716.02 of the
Revised Code. Sec. 2915.08. (A) Annually before the first day of
January, a charitable organization that desires to conduct bingo
games shall make out and deliver to the attorney general, upon a
form to be furnished by the attorney general for that purpose, an
application for a license to conduct bingo and a license fee of
one hundred dollars or a reduced license fee established by the
attorney general pursuant to division (G) of this section. The
application shall be in the form prescribed by the attorney
general and shall be signed and sworn to by the applicant. The application shall contain the following: (1) The name and post-office address of the applicant; (2) A statement that the applicant is a charitable
organization and that it has been in continuous existence as a
charitable organization in this state for two years immediately
preceding the making of the application or for five years in the
case of a fraternal organization or a nonprofit medical
organization; (3) The location at which the organization will conduct
the bingo game, which location shall be within the county in
which the principal place of business of the applicant is
located, the days of the week and the times on each of those days
when a bingo session will be conducted, whether the organization
owns, leases, or subleases the premises, and a copy of the rental
agreement if it leases or subleases the premises; (4) A statement of the applicant's previous history,
record, and association that is sufficient to establish that the
applicant is a charitable organization, and a copy of a
determination letter that is issued by the Internal Revenue
Service and states that the organization is tax exempt under
subsection 501(a) and described in subsection 501(c)(3),
501(c)(4), 501(c)(8), 501(c)(10), or 501(c)(19) of the Internal
Revenue Code; (5) A statement as to whether the applicant has ever had
any previous application refused, whether it previously has had a
license revoked or suspended, and the reason stated by the
attorney general for the refusal, revocation, or suspension; (6) A statement of the charitable purpose for which the
bingo proceeds will be used; (7) Other necessary and reasonable information that the
attorney general may require by rule adopted pursuant to section
111.15 of the Revised Code; (8) If the applicant is a charitable
trust as defined in section 109.23 of the Revised Code, a
statement as to whether it has registered with the attorney general
pursuant to section 109.26 of the Revised Code or filed
annual reports pursuant to section 109.31 of the Revised
Code,
and, if it is not required to do either, the exemption in section 109.26
or 109.31 of the Revised Code that applies to it; (9) If the applicant is a charitable organization as defined in
section 1716.01 of the Revised Code, a statement as to
whether it
has filed with the attorney general a registration statement pursuant to
section 1716.02 of the Revised Code and a financial report
pursuant to section 1716.04 of the Revised Code, and, if it
is not
required to do both, the exemption in section 1716.03 of the
Revised Code that applies to it; (10) In the case of an applicant seeking to qualify as a
youth athletic park organization under division (CC) of section
2915.01 of the Revised Code, a statement issued by a board or
body vested with authority under Chapter 755. of the Revised Code
for the supervision and maintenance of recreation facilities in
the territory in which the organization is located, certifying
that the playing fields owned by the organization were used for
at least one hundred days during the year in which the statement
is issued, and were open for use to all residents of that
territory, regardless of race, color, creed, religion, sex, or
national origin, for athletic activities by youth athletic
organizations, as defined in division (BB) of section 2915.01 of
the Revised Code, that do not discriminate on the basis of race,
color, creed, religion, sex, or national origin, and that the
fields were not used for any profit-making activity at any time
during the year. That type of board or body is authorized to
issue the statement upon request and shall issue the statement if
it finds that the applicant's playing fields were so used. The attorney general, within thirty days after receiving a
timely filed application from a charitable organization that has
been issued a bingo license that has not expired and has not been
revoked or suspended, shall send a temporary permit to the
applicant specifying the date on which the application was filed
with the attorney general and stating that, pursuant to section
119.06 of the Revised Code, the applicant may continue to conduct
bingo games until a new license is granted or, if the application
is rejected, until fifteen days after notice of the rejection is
mailed to the applicant. The temporary permit does not affect
the validity of the applicant's application and does not grant
any rights to the applicant except those rights specifically
granted in section 119.06 of the Revised Code. The issuance of a
temporary permit by the attorney general pursuant to this
paragraph does not prohibit the attorney general from rejecting
the applicant's application because of acts that the applicant
committed, or actions that he the applicant failed to take,
before or after the
issuance of the temporary permit. (B)(1) The attorney general shall adopt rules to enforce
sections 2915.01, 2915.02, and 2915.07 to 2915.12 of the Revised
Code, to ensure that bingo games are conducted in accordance with
those sections, and to maintain proper control over the conduct
of bingo games. The rules, except rules adopted pursuant to
division (A)(7) of this section, shall be adopted pursuant to
Chapter 119. of the Revised Code. The attorney general shall
license charitable organizations to conduct bingo games in
conformance with this chapter and with the licensing provisions
of Chapter 119. of the Revised Code. (2) The attorney general may refuse to grant a bingo
license to any organization, or revoke or suspend the license of
any organization, that does any of the following or to which any
of the following applies: (a) Fails or has failed at any time to meet any
requirement of section 109.26, 109.31, or 1716.02, or sections 2915.07
to 2915.11 of the Revised Code,
or violates or has violated any provision of sections 2915.02 or
2915.07 to 2915.12 of the Revised Code or any rule adopted by the
attorney general pursuant to this section; (b) Makes or has made an incorrect or false statement that
is material to the granting of the license in an application
filed pursuant to division (A) of this section; (c) Submits or has submitted any incorrect or false
information relating to an application if the information is
material to the granting of the license; (d) Maintains or has maintained any incorrect or false
information that is material to the granting of the license in
the records required to be kept pursuant to division (A) of
section 2915.10 of the Revised Code, if applicable; (e) The attorney general has good cause to believe will
not conduct its bingo games in accordance with sections 2915.02
and 2915.07 to 2915.12 of the Revised Code or with any rule
adopted by the attorney general pursuant to this section. (3) For the purposes of this division, any action of an
officer, trustee, agent, representative, or bingo game operator
of an organization is an action of the organization. (C) The attorney general may grant bingo licenses to
charitable organizations that are branches, lodges, or chapters
of national charitable organizations. (D) The attorney general shall send notice in writing to
the prosecuting attorney and sheriff of the county in which the
organization will conduct the bingo game, as stated in its
application for a license or amended license, and to any other
law enforcement agency in that county that so requests, of all of
the following: (1) The issuance of the license; (2) The issuance of the amended license; (3) The rejection of an application for and refusal to
grant a license; (4) The revocation of any license previously issued; (5) The suspension of any license previously issued. (E) A bingo license issued by the attorney general shall
set forth the information contained on the application of the
charitable organization that the attorney general determines is
relevant, including, but not limited to, the location at which
the organization will conduct the bingo game and the days of the
week and the times on each of those days when a bingo session
will be conducted. If the attorney general refuses to grant or
revokes or suspends a bingo license, he the attorney general
shall notify the
applicant in writing and specifically identify the reason for the
refusal, revocation, or suspension in narrative form and, if
applicable, by identifying the section of the Revised Code
violated. The failure of the attorney general to give the
written notice of the reasons for the refusal, revocation, or
suspension or a mistake in the written notice does not affect the
validity of the attorney general's refusal to grant, or the
revocation or suspension of, a bingo license. If the attorney
general fails to give the written notice or if there is a mistake
in the written notice, the applicant may bring an action to
compel the attorney general to comply with this division or to
correct the mistake, but the attorney general's order refusing to
grant, or revoking or suspending, a bingo license shall not be
enjoined during the pendency of the action. (F) A charitable organization that has been issued a bingo
license pursuant to division (B) of this section but that cannot
conduct bingo sessions at the location, or on the day of the week
or the time, specified on the license due to circumstances beyond
its control may apply, without charge, in writing to the attorney
general for an amended bingo license. The application shall
describe in detail the causes making it impossible for the
organization to conduct its bingo sessions in conformity with its
license and shall indicate the location, days of the week, and
times on each of those days when it desires to conduct a bingo
session. If the attorney general approves the application for
the amended license, he the attorney general shall issue the
amended license in accordance with division (E) of this section, and the
organization shall surrender its original license to the attorney
general. The attorney general shall refuse to grant an
application for an amended bingo license according to the terms
of division (B) of this section. (G) The attorney general, by rule adopted pursuant to
section 111.15 of the Revised Code, shall establish a schedule of
reduced license fees for charitable organizations that desire to
conduct bingo games during fewer than twenty-six weeks in any
calendar year. SECTION 2 . That existing sections 1716.03 and 2915.08 of the Revised Code are
hereby repealed.
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