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S. B. No. 313 As IntroducedAs Introduced
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors:
Senators Carey, Buehrer
A BILL
To amend section 3770.03 of the Revised Code to
prohibit the State Lottery Commission from
establishing a lottery game that has more than two
announcements of
prize winners per day or that is
played on a
slot
machine, including a game of
keno.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 3770.03 of the Revised Code be
amended to read as follows:
Sec. 3770.03. (A) The state lottery commission shall
promulgate rules under which a statewide lottery may be conducted.
The rules shall be promulgated pursuant to Chapter
119.
of the
Revised Code, except that
instant game rules
shall be
promulgated
pursuant to section 111.15 of the Revised
Code but
are not subject
to division (D) of that section.
Subjects
covered
in
these rules
shall include, but need not
be limited
to, the
following:
(1) The type of lottery to be conducted;
(2) The prices of tickets in the lottery.;
(3) The number, nature, and value of prize awards, the
manner
and frequency of prize drawings, and the manner in which
prizes
shall be awarded to holders of winning tickets.
No rule shall authorize a lottery game that has more than two
announcements of prize winners per day or is played on a
slot
machine as
defined in section 2915.01 of the Revised Code,
including, but
not limited to, a game of keno.
(B) The commission shall promulgate
rules, in
addition to
those described in division (A) of this section,
pursuant
to
Chapter 119. of the Revised Code under which a
statewide lottery
and statewide joint lottery games may be
conducted. Subjects
covered in these rules shall include, but not
be limited
to, the
following:
(1) The locations at which lottery tickets may be
sold and
the manner in which they are to be sold.
These rules may
authorize
the sale of lottery tickets by commission personnel or
other
licensed
individuals from traveling show wagons at the state
fair,
and at any
other expositions the director
of the commission
considers acceptable.
These rules shall prohibit
commission
personnel or other licensed individuals from soliciting from an
exposition the right to sell lottery tickets at that exposition,
but shall
allow commission personnel or other licensed individuals
to sell lottery
tickets at an exposition if the exposition
requests commission personnel or
licensed individuals to do so.
These rules may also
address the accessibility of sales agent
locations to commission products in
accordance with the
"Americans
with Disabilities
Act of 1990," 104 Stat. 327, 42 U.S.C.A. 12101
et seq.
(2) The manner in which lottery sales revenues are to be
collected, including authorization for the director to impose
penalties for failure by
lottery sales agents to
transfer revenues
to the commission in a timely manner;
(3) The amount of compensation to be paid licensed lottery
sales agents;
(4) The substantive criteria for the licensing of lottery
sales agents consistent with section 3770.05 of the Revised Code,
and procedures for revoking or suspending
their licenses
consistent with Chapter 119. of the Revised Code. If
circumstances, such as the nonpayment of funds owed by a
lottery
sales agent,
or other circumstances related to the public safety,
convenience, or trust,
require immediate action, the director may
suspend a license without affording
an opportunity for a prior
hearing under section 119.07 of the Revised Code.
(5) Special game rules to implement any agreements signed by
the governor that the
director enters into with other lottery
jurisdictions under
division (J) of section 3770.02 of the Revised
Code to conduct
statewide joint lottery games. The rules shall
require that the
entire net proceeds of those games that remain,
after associated
operating expenses, prize disbursements, lottery
sales agent
bonuses, commissions, and reimbursements, and any
other expenses
necessary to comply with the agreements or the
rules are deducted
from the gross proceeds of those games, be
transferred to the
lottery profits education fund under division
(B) of section
3770.06 of the Revised Code.
(C) The commission may promulgate rules, in addition to those
described in divisions (A) and (B) of this section, that establish
standards governing the display of advertising and celebrity
images on lottery tickets and on other items that are used in the
conduct of, or to promote, the statewide lottery and statewide
joint lottery games. Any revenue derived from the sale of
advertising displayed on lottery tickets and on those other items
shall be considered, for purposes of section 3770.06 of the
Revised Code, to be related proceeds in connection with the
statewide lottery or gross proceeds from statewide joint lottery
games, as applicable.
(D)(1) The
commission shall meet with the
director
at
least
once each month and shall
convene
other meetings at the
request of
the
chairperson
or any five of the
members. No action
taken by the
commission
shall be binding
unless at least five of
the members
present vote
in favor
of the action. A written
record shall be
made of
the proceedings of
each meeting and shall
be transmitted
forthwith
to the governor,
the president of the
senate, the senate
minority
leader, the
speaker of the house of
representatives, and
the house
minority
leader.
(2) The director shall present to the commission a report
each
month, showing the total revenues, prize disbursements, and
operating expenses of the state lottery for the preceding month.
As soon as practicable after the end of each fiscal year, the
commission shall prepare and transmit to the governor and the
general assembly a report of lottery revenues, prize
disbursements, and operating expenses for the preceding fiscal
year and any recommendations for legislation considered
necessary
by the commission.
Section 2. That existing section 3770.03 of the Revised Code
is hereby repealed.
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