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(125th General Assembly)(House Bill Number 477)
To amend sections 3770.02, 3793.01, and 3793.02 of the Revised Code to require the Director of the State Lottery Commission to enter into an agreement with the Department of Alcohol and Drug Addiction Services for the operation of a program for gambling addiction, to require the Commission to pay for the operation of that program, and to require the Department to provide gambling addiction services.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 3770.02, 3793.01, and 3793.02 of the Revised Code be amended to read as follows:
Sec. 3770.02. (A) Subject to the advice and consent of the
senate, the governor shall appoint a director of the state
commission who shall serve at the pleasure of the
director shall devote full time to the duties
of the office and
shall hold no other office or employment.
The director shall meet
all requirements for appointment as a member
of the commission and
shall, by experience and training, possess
would equip the director to
enterprise of the
of a state lottery. The director shall
receive an annual
in accordance with pay range 48 of
section 124.152 of the
(B)(1) The director shall attend all meetings of the
and shall act as its secretary. The director shall
record of all
commission proceedings and shall keep
commission's records, files, and
documents at the commission's
principal office. All records of
the commission's meetings shall
be available for inspection by
any member of the public, upon a
showing of good cause and prior
notification to the director.
(2) The director shall be the commission's executive officer
and shall be responsible for keeping all commission records and
supervising and administering the state lottery in accordance
this chapter, and carrying out all commission rules adopted
section 3770.03 of the Revised Code.
(C)(1) The director shall appoint an assistant director
deputy directors of marketing,
operations, sales, finance, public
relations, security, and
administration, and as many regional
managers as are required.
The director may also appoint
necessary professional, technical, and clerical assistants.
such officers and employees shall be appointed
pursuant to Chapter 124. of the Revised Code.
assistant regional managers, sales
representatives, and any
executive account representatives shall
remain in the
(2) The director, in
consultation with the director of
administrative services, may
establish standards of proficiency
and productivity for
commission field representatives.
(D) The director shall request the bureau of criminal
identification and investigation, the department of public
or any other
state, local, or federal agency to supply
director with the criminal records of
any job applicant and may
criminal records of commission
At or prior to the time of making such a request, the
require a job applicant or
commission employee to
obtain fingerprint cards prescribed by the
superintendent of the
bureau of criminal identification and investigation at a
agency, and the director shall cause these
fingerprint cards to be forwarded to
the bureau of criminal
identification and investigation and the federal bureau
investigation. The commission shall assume the cost of obtaining
fingerprint cards and shall pay to each agency supplying
investigation under this division a
fee, as determined by the agency.
(E) The director shall license lottery sales agents pursuant
section 3770.05 of the Revised Code and, when
it is considered
necessary, may revoke or
suspend the license of any lottery sales
(F) The director shall confer at least once
each month with
the commission, at which time the director
shall advise it
regarding the operation and administration of the lottery. The
shall make available at the request of the commission all
documents, files, and other records pertaining to the operation
and administration of the lottery. The director shall
available to the commission each month a complete and
accounting of lottery revenues, prize money disbursements
cost of goods and services awarded as prizes, operating
and all other relevant financial information, including
accounting of all transfers made from any lottery funds in the
custody of the
treasurer of state to benefit education.
(G) The director may enter into contracts for the operation
promotion of the lottery pursuant to Chapter 125. of the
director may enter into agreements to assist
organizations that deal with
(H)(1) Pursuant to rules adopted by the commission
section 3770.03 of the Revised Code, the director shall require
either mail directly to the
to the credit of the state
lottery fund, in
designated by the treasurer
of state, net
as determined by
director, and to
with the director or
designee reports of their
receipts and transactions in
the sale of
required by the director.
(2) Pursuant to rules adopted by the commission under
Chapter 119. of the Revised
Code, the director may impose
the failure of a sales agent to transfer funds to
the commission in a timely
manner. Penalties may include monetary
penalties, immediate suspension or
revocation of a license, or any
other penalty the commission adopts by
(I) The director may arrange for any person, or any
institution, to perform
functions and services in connection
the operation of the lottery as the director may
necessary to carry out this chapter.
(J)(1) As used in this chapter,
"statewide joint lottery
game" means a lottery game that the commission sells solely within
this state under an agreement with other lottery jurisdictions to
sell the same lottery game solely within their statewide or
(2) If the governor directs the director to do so, the
director shall enter into an agreement with other
jurisdictions to conduct statewide joint lottery games. If
governor signs the agreement personally or by means of
authenticating officer pursuant to section 107.15 of the
Code, the director then may conduct statewide joint lottery games
(3) The entire net proceeds from any statewide joint lottery
games shall be used to fund elementary, secondary, vocational, and
special education programs in this state.
(4) The commission shall conduct any statewide joint lottery
games in accordance with rules it adopts under division (B)(5) of
section 3770.03 of the Revised Code.
(K)(1) The director shall enter into an agreement with the department of alcohol and drug addiction services under which the department shall provide a program of gambling addiction services on behalf of the commission. The commission shall pay the costs of the program provided pursuant to the agreement.
(2) As used in this section, "gambling addiction services" has the same meaning as in section 3793.01 of the Revised Code.
Sec. 3793.01. (A) As used in this chapter:
(1) "Alcoholism" means the chronic and habitual use of
alcoholic beverages by an individual to the extent that
longer can control his the individual's use of alcohol or
endangers the health,
safety, or welfare of himself the individual or others.
(2) "Alcoholic" means a person suffering from alcoholism.
(3) "Drug addiction" means the use of a drug of abuse, as
defined in section 3719.011 of the Revised Code, by an individual
to the extent that
he the individual becomes physically or
dependent on the drug or endangers the health, safety, or welfare
of himself the individual or others.
(4) "Alcohol and drug addiction services" means services,
including intervention, for the treatment of alcoholics or
persons who abuse drugs of abuse and for the prevention of
alcoholism and drug addiction.
(5) "Alcohol and drug addiction program" means a program
that provides alcohol or drug addiction services and includes a
facility or entity that operates such a program.
(6) "Gambling addiction" means the use of gambling by an individual to the extent that it causes psychological, financial, emotional, marital, legal, or other difficulties endangering the health, safety, or welfare of the individual or others.
(7) "Gambling addiction services" means services for the treatment of persons who have a gambling addiction and for the prevention of gambling addiction.
(B) Any reference in this chapter to a board of alcohol,
drug addiction, and mental health services also refers to an
alcohol and drug addiction services board in a service district
in which an alcohol and drug addiction services board has been
established under section 340.021 of the Revised Code.
Sec. 3793.02. (A) The department of alcohol and drug
addiction services shall promote, assist in developing, and
coordinate or conduct programs of education and research for the
prevention of alcohol and drug addiction
and for, the prevention of gambling addiction, the treatment,
including intervention, of alcoholics and persons who abuse drugs
of abuse, including anabolic steroids, and the treatment, including intervention, of persons with gambling addictions. Programs established by
the department shall include abstinence-based prevention and
(B) In addition to the other duties prescribed by this
chapter, the department shall do all of the following:
(1) Promote and coordinate efforts in the provision of
alcohol and drug addiction services and of gambling addiction services by other state agencies, as
defined in section 1.60 of the Revised Code; courts; hospitals;
clinics; physicians in private practice; public health
authorities; boards of alcohol, drug addiction, and mental health
services; alcohol and drug addiction programs; law enforcement
agencies; gambling addiction programs; and related groups;
(2) Provide for education and training in prevention,
diagnosis, treatment, and control of alcohol and drug addiction and of gambling addiction
for medical students, physicians, nurses, social workers,
professional counselors, psychologists, and other persons who
provide alcohol and drug addiction services or gambling addiction services;
(3) Provide training and consultation for persons who
supervise alcohol and drug addiction programs and facilities or gambling addiction programs and facilities;
(4) Develop measures for evaluating the effectiveness of
alcohol and drug addiction services, including services that use
methadone treatment, and of gambling addiction services, and for increasing the accountability of
alcohol and drug addiction programs and of gambling addiction programs;
(5) Provide to each court of record, and biennially
a list of the treatment and education programs within
jurisdiction that the court may require an offender,
4511.19 of the
Code, to attend;
(6) Print and distribute the warning sign described in
sections 3313.752, 3345.41, and 3707.50 of the Revised Code;
(7) Provide a program of gambling addiction services on behalf of the state lottery commission, pursuant to an agreement entered into with the director of the commission under division (K) of section 3770.02 of the Revised Code.
(C) The department may accept and administer grants from
public or private sources for carrying out any of the duties
enumerated in this section.
(D) Pursuant to Chapter 119. of the Revised Code, the
department shall adopt a rule defining the term "intervention" as
it is used in this chapter in connection with alcohol and drug
addiction services and in connection with gambling addiction services. The department may adopt other rules as
necessary to implement the requirements of this chapter.
SECTION 2. That existing sections 3770.02, 3793.01, and 3793.02 of the Revised Code are hereby repealed.
SECTION 3. (A) Except as otherwise provided in division (B) of this section, upon the taking effect of this section, any business commenced but not completed by the State Lottery Commission or the Director of the Commission with respect to agreements to assist organizations that deal with problem gambling shall be completed by the Department of Alcohol and Drug Addiction Services or the Director of Alcohol and Drug Addiction Services as if completed by the Commission or the Director of the Commission. No validation, cure, right, privilege, remedy, obligation, or liability is lost or impaired by reason of the transfer required by this section, and that validation, cure, right, privilege, remedy, obligation, or liability shall be administered by the Department. All of the Commission's rules, orders, and determinations with respect to agreements to assist organizations that deal with problem gambling continue in effect as rules, orders, and determinations of the Department, until modified or rescinded by the Department.
Whenever the Commission or the Director of the Commission is referred to in any law, contract, or other document with respect to agreements to assist organizations that deal with problem gambling, the reference shall be deemed to refer to the Department or the Director of Alcohol and Drug Addiction Services, whichever is appropriate.
No action or proceeding with respect to agreements to assist organizations that deal with problem gambling that is pending on the effective date of this act is affected by the transfer, and that action or proceeding shall be prosecuted or defended in the name of the Department or the Director of Alcohol and Drug Addiction Services. In all such actions and proceedings, the Department or the Director of Alcohol and Drug Addiction Services upon application to the court shall be substituted as a party.
(B) The Commission shall pay any costs the Department incurs pursuant to agreements to assist organizations that deal with problem gambling that are transferred to the Department under division (A) of this section.