130th Ohio General Assembly
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H. B. No. 277  As Introduced
As Introduced

129th General Assembly
Regular Session
2011-2012
H. B. No. 277


Representatives Blessing, Gerberry 



A BILL
To permit a horse-racing permit holder who is eligible to become a video lottery sales agent to apply to the State Racing Commission to move its track to another location.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1.  (A) Notwithstanding sections 3769.04 and 3769.13 of the Revised Code, for a period of two years after the effective date of this section, a permit holder who is eligible to become a video lottery sales agent may apply to the State Racing Commission to move its track to another location using the following approval procedure:
(1) The permit holder shall submit, for the consideration of the State Racing Commission in its determination on whether to approve the transfer, its proposal to the State Racing Commission and shall specify the location of the new track and the incremental economic benefits the permit holder is willing to provide to the state.
(2) The State Racing Commission shall approve or deny the transfer.
(3) The permit holder may apply to the State Lottery Commission for a video lottery sales agent license at the new track location.
(B) The State Racing Commission shall give preference to transfer proposals involving moves to locations in which neither horse-racing meetings nor casino gaming have been authorized before July 1, 2011. A permit holder that is authorized to transfer its track under this section and that is a video lottery sales agent may operate at a temporary facility at its new location while constructing or otherwise preparing its new track at that location.
(C) The state may discuss and negotiate with parties regarding the transferring of racing permits to new track locations and may, in its discretion, enter into agreements regarding the transfer of permits to new locations in advance of the process set forth in this section.
(D) If a current permit holder cannot lawfully conduct video lotteries at its existing track, the State Racing Commission shall consider the permit holder's proposal to move its track to a new location in the immediate vicinity where the conducting of video lotteries is lawful.
(E) Chapter 2915. of the Revised Code does not apply to, affect, or prohibit lotteries or video lotteries conducted under this section and Chapter 3770. of the Revised Code.
(F) The State Racing Commission may promulgate rules to effectuate this section and to establish fees for applicants under this section.
(G) As used in this section:
(1) "Permit holder" means a person that has been authorized by the State Racing Commission to conduct one or more horse-racing meetings under Chapter 3769. of the Revised Code.
(2) "Track" means any place, track, or enclosure where a permit holder conducts live horse racing for profit at a racing meeting. "Track" includes facilities or premises contiguous or adjacent to those places, tracks, or enclosures.
(3) "Video lottery sales agent" means a person who is a permit holder and holds a current license issued by the State Lottery Commission to assist the Commission in conducting video lotteries through the use of video lottery terminals at a track.
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