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H. B. No. 546 As Introduced
As Introduced
126th General Assembly | Regular Session | 2005-2006 |
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Representatives Dolan, Boccieri, Trakas, Evans, D., Seitz, Setzer, Hartnett, Allen, Yuko, Walcher, Chandler, Collier, Cassell, Aslanides, Schlichter, Willamowski, Combs, Widener, McGregor, J.
A BILL
To amend section 3769.083 and to enact section 3769.22 of the Revised Code to authorize the State Racing Commission to enter into the National Racing Compact in order to provide for the licensure and regulation of individuals involved in the horse racing industry in the Compact states in a specified manner, to change the definition of "Ohio foaled horse," to specify that a thoroughbred mare may leave Ohio for breeding purposes with the Commission's permission and if the mare returns immediately after that activity, and to require that all investment earnings on cash balances in the Ohio Thoroughbred Race Fund be credited to the Fund.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1.
That section 3769.083 be amended and section 3769.22 of the Revised Code be enacted to read as follows:
Sec. 3769.083. (A) As used in this section: (1) An "accredited Ohio thoroughbred horse" means a horse
conceived in this state and born in this state which is both of the following: (a) Born of a mare that is domiciled in this state at the
time of such the horse's conception, that remains continuously in the state
through the date on which such the horse is born, and that is
registered as required by the rules of the state racing
commission; (b) By a stallion that stands for breeding purposes only
in this state in the year in which such the horse is conceived, and
that is registered as required by the rules of the racing
commission. (2) An "Ohio foaled horse" means a horse registered as
required by the rules of the state racing commission which is either of
the following: (a) A horse born of a mare which that enters this state on or
before the fifteenth day of July of the year in which the horse
is conceived foaling and remains continuously in this state until the
horse is born; (b) A thoroughbred foal produced within the state by any
broodmare shipped into the state to foal and be bred to a
registered Ohio stallion. To qualify this foal as an Ohio foaled
horse, the broodmare shall remain in Ohio this state one year continuously
after foaling or continuously through foaling to the cover of the
Ohio stallion, whichever is sooner. All horses previously
registered as Ohio conceived and foaled shall be considered as
Ohio foaled horses effective January 1, 1976. Any thoroughbred mare may leave Ohio this state for such periods of
time for purposes of such activities such as veterinary treatment or
surgery, sales purposes, breeding purposes, racing purposes, and similar activities
if permission is granted by the state racing commission and the mare is
returned to Ohio this state immediately upon the conclusion of the requested
activity. (3) "Horse," "stallion," "mare," or "foal" means a horse
of the thoroughbred breed as distinguished from a horse of the
standard breed or any other breed, and "race" means a race for
thoroughbred horses conducted by a permit holder of the state racing
commission. (4) "Horse" includes animals of all ages and of both
sexes. (B) There is hereby created in the state treasury the Ohio
thoroughbred race fund, to consist of moneys paid into it
pursuant to sections 3769.08 and 3769.087 of the Revised Code. All investment earnings on the cash balances in the fund shall be credited to it.
Moneys to the credit of the fund shall be distributed on order of
the state racing commission. The commission shall, with the
advice and assistance of the Ohio thoroughbred racing advisory
committee, shall use this the fund, except as provided in divisions (C)(2), and
(3), and (D) of this section, to promote races and provide purses
for such races for horses in the following classes: (1) Accredited Ohio thoroughbred horses; Not less than ten nor more than twenty-five per cent of the
total money to be paid from the fund for all types of races shall
be allocated to races restricted to accredited Ohio thoroughbred
horses. The commission may combine the classes of horses
described in divisions (B)(1) and (2) of this section in one
race, except in stake stakes races. (C)(1) Each permit holder conducting thoroughbred races
shall schedule races each week for horses in the classes named in
division (B) of this section; the number of such the races shall be
prescribed by the state racing commission. The commission shall, pursuant to
division (B) of this section, shall prescribe the class or classes of
such the races to be held by each permit holder and shall, with the
advice of the Ohio thoroughbred racing advisory committee, shall fix
the dates and conditions of such the races and the amount of moneys
to be paid from the Ohio thoroughbred race fund to be added in
each such race to the minimum purse established by the permit
holder for the class of race held. (2) The commission may, with the advice of the Ohio
thoroughbred racing advisory committee, may provide for stake stakes races
to be run each year, and fix the number of such stakes races and the
time, place, and conditions under which each shall be run. The
commission shall fix the amount of moneys to be paid from the Ohio thoroughbred race
fund to be added to the purse provided for each such stakes race by the
permit holder, except that, in at least four such stake stakes races each
year, the commission shall require, if four such stakes races can be arranged,
require that the permit holder conducting the stake stakes race provide
no less than fifteen thousand dollars for the purse for such stake the stakes
race, and the commission shall provide moneys from the fund
to be added to such the purse in an amount equal to or greater than
the amount provided by the permit holder. The commission may
require a nominating, sustaining, and entry fee not to exceed one
per cent of the money added from the fund for each horse in any
such stake stakes race, which fee shall be added to the purse for the
race. Stakes races where money is added from the Ohio thoroughbred race fund shall be
open only to accredited Ohio thoroughbred horses and Ohio foaled
horses. Twenty-five per cent of the total moneys to be paid from
the fund for stakes races shall be allocated to races for only
accredited Ohio thoroughbred horses. The commission may require
a nominating, sustaining, and entry fee, not to exceed one per
cent of the money added from the fund, for each horse in any such
stake race of these stakes races. These fees shall be accumulated by the commission,
and shall be paid out by the commission at its discretion as part
of the purse money for additional races. (3) The commission may pay from the Ohio thoroughbred race fund to the breeder of
a horse of class (1) or (2) of division (B) of this section
winning first, second, or third prize money of a purse for a
thoroughbred race an amount not to exceed fifteen per cent of the
first, second, or third prize money of such the purse. For the
purposes of this division, the term "breeder" shall be defined by
rule of the commission. The commission may also may provide for stallion owners' awards
in an amount equal to not less than three nor more than ten per
cent of the first, second, or third place share of the purse.
The award shall be paid to the owner of the stallion, providing provided that
the stallion was standing in Ohio this state as provided in division (A)(1)(b) of this section at the time the horse placing first, second,
or third was conceived. (D) The state racing commission may provide for the expenditure of
moneys from the Ohio thoroughbred race fund in an amount not to exceed in any one
calendar year ten per cent of the total amount received in the
account that year to provide for research projects directed
toward improving the breeding, raising, racing, and health and
soundness of thoroughbred horses in the state and toward
education or promotion of the industry. Research for which such
funds the moneys from the fund may be used may include, but shall not be limited to,
studies of pre-race blood testing, post-race testing, improvement
of the breed, and nutrition. (E) The state racing commission shall appoint such qualified personnel
as may be required to supervise registration of horses under the
terms of this section, to determine the eligibility of horses for
accredited Ohio thoroughbred races, Ohio foaled races, and the
stake stakes races authorized by division (C)(2) of this section, and to
assist the Ohio thoroughbred racing advisory committee and the commission in determining
the conditions, class, and quality of the race program to be
established under this section so as to carry out the purposes of
this section. Such persons The personnel shall serve at the pleasure of the
commission, and compensation shall be fixed by the commission.
The compensation of such the personnel and necessary expenses shall
be paid out of the Ohio thoroughbred race fund. The commission shall adopt such rules as are necessary to
carry out this section and shall administer the stake stakes race
program and other races supported by the Ohio thoroughbred race
special account fund in a manner best designed to aid in the
development of the thoroughbred horse industry in the state, to
upgrade the quality of horse racing in the state, and to improve
the quality of horses conceived and foaled in the state.
Sec. 3769.22. (A) The general assembly finds and declares all of the following:
(1) A national racing compact, comprised of states that are party to the compact, exists to provide for the licensure and regulation of individuals involved in the horse and greyhound racing industries.
(2) The intent of the compact is to prevent individual owners, trainers, jockeys, drivers, backstretch employees, totalizator employees, farriers, concessionaires, veterinarians, and other persons involved in live horse or greyhound racing upon which pari-mutuel wagering is conducted from having to be licensed in each state in which they may conduct business. (3) The compact authorizes the individuals described in division (A)(2) of this section to be licensed in occupational categories established by the compact committee that oversees the compact and, thus, to be able to practice their occupation in all states that are parties to the compact.
(4) The purposes of the compact are to do all of the following:
(a) Establish uniform requirements among the states that are parties to the compact for the licensure of the individuals described in division (A)(2) of this section and to ensure that all of those individuals licensed pursuant to the compact meet a uniform minimum standard of honesty and integrity;
(b) Facilitate the growth of the horse and greyhound racing industry in each state that is a party to the compact and throughout the country by simplifying the licensing process for the individuals described in division (A)(4)(a) of this section and by reducing the duplicative and costly process of separate licensing by the applicable agency in each state that is a party to the compact;
(c) Provide for participation in the compact by officials of the states that are parties to the compact, and permit those officials, through the compact committee established by the compact, to enter into contracts with governmental agencies and nongovernmental persons and entities to carry out the purposes of the compact;
(d) Establish the compact committee as an interstate governmental entity authorized to request and receive criminal record history information from the federal bureau of investigation, other federal law enforcement agencies, the royal Canadian mounted police, law enforcement agencies of other nations, and state and local law enforcement agencies.
(5) Both of the following apply under the compact:
(a) No state that is party to the compact, including that state's racing commission or equivalent agency, is liable for the debts or other financial obligations incurred by the compact committee.
(b) No official of a state that is a party to the compact or employee of the compact committee is personally liable for any act the official or employee performs or omits to perform in good faith while carrying out the official's or employee's responsibilities and duties under the compact.
(B)(1) The state racing commission is hereby authorized to enter into and participate in the compact described in division (A) of this section for the purposes described in that division.
(2) The participation of this state and the commission in the compact shall not have any of the following consequences:
(a) Result in the diminution of any applicable existing standards governing the issuance, denial, suspension, or revocation of a license issued under section 3769.03 of the Revised Code;
(b) Prevent the enforcement of any statute or rule affecting the holder of any such license;
(c) Relieve any individual or entity of its duty to obtain any such license or pay any license fee;
(d) Make the state or the commission liable for the debts or other financial obligations incurred by the compact committee;
(e) Make any officer or employee of this state personally liable for any act the official or employee performs or omits to perform in good faith while carrying out the official's or employee's responsibilities and duties under the compact.
(3) The commission shall designate an individual to represent this state and the commission on the compact committee in the administration of the compact.
Section 2. That existing section 3769.083 of the Revised Code is hereby repealed.
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