To amend sections 109.572 and 3770.99 and to enact sections 3770.30 to 3770.40 of the Revised Code to create the State Lottery Commission Office of Sweepstakes Compliance to license and oversee the operation of sweepstakes gaming devices.

Section 1. That sections 109.572 and 3770.99 be amended and sections 3770.30, 3770.31, 3770.32, 3770.33, 3770.34, 3770.35, 3770.36, 3770.37, 3770.38, 3770.39, and 3770.40 of the Revised Code be enacted to read as follows:

Sec. 109.572. (A)(1) Upon receipt of a request pursuant to section 121.08, 3301.32, 3301.541, or 3319.39 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any of the following:

(a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, felonious sexual penetration in violation of former section 2907.12 of the Revised Code, a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, a violation of section 2919.23 of the Revised Code that would have been a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, had the violation been committed prior to that date, or a violation of section 2925.11 of the Revised Code that is not a minor drug possession offense;

(b) A violation of an existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(1)(a) of this section;

(c) If the request is made pursuant to section 3319.39 of the Revised Code for an applicant who is a teacher, any offense specified in section 3319.31 of the Revised Code.

(2) On receipt of a request pursuant to section 3712.09 or 3721.121 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check with respect to any person who has applied for employment in a position for which a criminal records check is required by those sections. The superintendent shall conduct the criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any of the following:

(a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the Revised Code;

(b) An existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(2)(a) of this section.

(3) On receipt of a request pursuant to section 173.27, 173.394, 3701.881, 5111.032, 5111.033, 5111.034, 5123.081, or 5123.169 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check of the person for whom the request is made. The superintendent shall conduct the criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of, has pleaded guilty to, or has been found eligible for intervention in lieu of conviction for any of the following, regardless of the date of the conviction, the date of entry of the guilty plea, or the date the person was found eligible for intervention in lieu of conviction:

(a) A violation of section 959.13, 959.131, 2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21, 2903.211, 2903.22, 2903.34, 2903.341, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2905.32, 2905.33, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2907.33, 2909.02, 2909.03, 2909.04, 2909.22, 2909.23, 2909.24, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.05, 2913.11, 2913.21, 2913.31, 2913.32, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2913.51, 2917.01, 2917.02, 2917.03, 2917.31, 2919.12, 2919.121, 2919.123, 2919.22, 2919.23, 2919.24, 2919.25, 2921.03, 2921.11, 2921.12, 2921.13, 2921.21, 2921.24, 2921.32, 2921.321, 2921.34, 2921.35, 2921.36, 2921.51, 2923.12, 2923.122, 2923.123, 2923.13, 2923.161, 2923.162, 2923.21, 2923.32, 2923.42, 2925.02, 2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.09, 2925.11, 2925.13, 2925.14, 2925.141, 2925.22, 2925.23, 2925.24, 2925.36, 2925.55, 2925.56, 2927.12, or 3716.11 of the Revised Code;

(b) Felonious sexual penetration in violation of former section 2907.12 of the Revised Code;

(c) A violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996;

(d) A violation of section 2923.01, 2923.02, or 2923.03 of the Revised Code when the underlying offense that is the object of the conspiracy, attempt, or complicity is one of the offenses listed in divisions (A)(3)(a) to (c) of this section;

(e) A violation of an existing or former municipal ordinance or law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in divisions (A)(3)(a) to (d) of this section.

(4) On receipt of a request pursuant to section 2151.86 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any of the following:

(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21, 2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24, 2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02, 2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2927.12, or 3716.11 of the Revised Code, a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, a violation of section 2919.23 of the Revised Code that would have been a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, had the violation been committed prior to that date, a violation of section 2925.11 of the Revised Code that is not a minor drug possession offense, two or more OVI or OVUAC violations committed within the three years immediately preceding the submission of the application or petition that is the basis of the request, or felonious sexual penetration in violation of former section 2907.12 of the Revised Code;

(b) A violation of an existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(4)(a) of this section.

(5) Upon receipt of a request pursuant to section 5104.012 or 5104.013 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request has been convicted of or pleaded guilty to any of the following:

(a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04, 2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32, 2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2919.12, 2919.22, 2919.24, 2919.25, 2921.11, 2921.13, 2923.01, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, felonious sexual penetration in violation of former section 2907.12 of the Revised Code, a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, a violation of section 2919.23 of the Revised Code that would have been a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, had the violation been committed prior to that date, a violation of section 2925.11 of the Revised Code that is not a minor drug possession offense, a violation of section 2923.02 or 2923.03 of the Revised Code that relates to a crime specified in this division, or a second violation of section 4511.19 of the Revised Code within five years of the date of application for licensure or certification.

(b) A violation of an existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses or violations described in division (A)(5)(a) of this section.

(6) Upon receipt of a request pursuant to section 5153.111 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any of the following:

(a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, 2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, felonious sexual penetration in violation of former section 2907.12 of the Revised Code, a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, a violation of section 2919.23 of the Revised Code that would have been a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, had the violation been committed prior to that date, or a violation of section 2925.11 of the Revised Code that is not a minor drug possession offense;

(b) A violation of an existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(6)(a) of this section.

(7) On receipt of a request for a criminal records check from an individual pursuant to section 4749.03 or 4749.06 of the Revised Code, accompanied by a completed copy of the form prescribed in division (C)(1) of this section and a set of fingerprint impressions obtained in a manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists indicating that the person who is the subject of the request has been convicted of or pleaded guilty to a felony in this state or in any other state. If the individual indicates that a firearm will be carried in the course of business, the superintendent shall require information from the federal bureau of investigation as described in division (B)(2) of this section. Subject to division (F) of this section, the superintendent shall report the findings of the criminal records check and any information the federal bureau of investigation provides to the director of public safety.

(8) On receipt of a request pursuant to section 1321.37, 1321.53, 1321.531, 1322.03, 1322.031, or 4763.05 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check with respect to any person who has applied for a license, permit, or certification from the department of commerce or a division in the department. The superintendent shall conduct the criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any of the following: a violation of section 2913.02, 2913.11, 2913.31, 2913.51, or 2925.03 of the Revised Code; any other criminal offense involving theft, receiving stolen property, embezzlement, forgery, fraud, passing bad checks, money laundering, or drug trafficking, or any criminal offense involving money or securities, as set forth in Chapters 2909., 2911., 2913., 2915., 2921., 2923., and 2925. of the Revised Code; or any existing or former law of this state, any other state, or the United States that is substantially equivalent to those offenses.

(9) On receipt of a request for a criminal records check from the treasurer of state under section 113.041 of the Revised Code or from an individual under section 4701.08, 4715.101, 4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14, 4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281, 4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4761.051, 4762.031, 4762.06, 4776.021, or 4779.091 of the Revised Code, accompanied by a completed form prescribed under division (C)(1) of this section and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request has been convicted of or pleaded guilty to any criminal offense in this state or any other state. Subject to division (F) of this section, the superintendent shall send the results of a check requested under section 113.041 of the Revised Code to the treasurer of state and shall send the results of a check requested under any of the other listed sections to the licensing board specified by the individual in the request.

(10) On receipt of a request pursuant to section 1121.23, 1155.03, 1163.05, 1315.141, 1733.47, or 1761.26 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any criminal offense under any existing or former law of this state, any other state, or the United States.

(11) On receipt of a request for a criminal records check from an appointing or licensing authority under section 3772.07 of the Revised Code or the office of sweepstakes compliance under section 3770.36 of the Revised Code, a completed form prescribed under division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner prescribed in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty or no contest to any offense under any existing or former law of this state, any other state, or the United States that is a disqualifying offense as defined in section 3770.36 or 3772.07 of the Revised Code or substantially equivalent to such an offense.

(12) On receipt of a request pursuant to section 2151.33 or 2151.412 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check with respect to any person for whom a criminal records check is required by that section. The superintendent shall conduct the criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any of the following:

(a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the Revised Code;

(b) An existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(12)(a) of this section.

(B) Subject to division (F) of this section, the superintendent shall conduct any criminal records check to be conducted under this section as follows:

(1) The superintendent shall review or cause to be reviewed any relevant information gathered and compiled by the bureau under division (A) of section 109.57 of the Revised Code that relates to the person who is the subject of the criminal records check, including, if the criminal records check was requested under section 113.041, 121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141, 1321.37, 1321.53, 1321.531, 1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3770.36, 3772.07, 4749.03, 4749.06, 4763.05, 5104.012, 5104.013, 5111.032, 5111.033, 5111.034, 5123.081, 5123.169, or 5153.111 of the Revised Code, any relevant information contained in records that have been sealed under section 2953.32 of the Revised Code;

(2) If the request received by the superintendent asks for information from the federal bureau of investigation, the superintendent shall request from the federal bureau of investigation any information it has with respect to the person who is the subject of the criminal records check, including fingerprint-based checks of national crime information databases as described in 42 U.S.C. 671 if the request is made pursuant to section 2151.86, 5104.012, or 5104.013 of the Revised Code or if any other Revised Code section requires fingerprint-based checks of that nature, and shall review or cause to be reviewed any information the superintendent receives from that bureau. If a request under section 3319.39 of the Revised Code asks only for information from the federal bureau of investigation, the superintendent shall not conduct the review prescribed by division (B)(1) of this section.

(3) The superintendent or the superintendent's designee may request criminal history records from other states or the federal government pursuant to the national crime prevention and privacy compact set forth in section 109.571 of the Revised Code.

(4) The superintendent shall include in the results of the criminal records check a list or description of the offenses listed or described in division (A)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), or (12) of this section, whichever division requires the superintendent to conduct the criminal records check. The superintendent shall exclude from the results any information the dissemination of which is prohibited by federal law.

(5) The superintendent shall send the results of the criminal records check to the person to whom it is to be sent not later than the following number of days after the date the superintendent receives the request for the criminal records check, the completed form prescribed under division (C)(1) of this section, and the set of fingerprint impressions obtained in the manner described in division (C)(2) of this section:

(a) If the superintendent is required by division (A) of this section (other than division (A)(3) of this section) to conduct the criminal records check, thirty;

(b) If the superintendent is required by division (A)(3) of this section to conduct the criminal records check, sixty.

(C)(1) The superintendent shall prescribe a form to obtain the information necessary to conduct a criminal records check from any person for whom a criminal records check is to be conducted under this section. The form that the superintendent prescribes pursuant to this division may be in a tangible format, in an electronic format, or in both tangible and electronic formats.

(2) The superintendent shall prescribe standard impression sheets to obtain the fingerprint impressions of any person for whom a criminal records check is to be conducted under this section. Any person for whom a records check is to be conducted under this section shall obtain the fingerprint impressions at a county sheriff's office, municipal police department, or any other entity with the ability to make fingerprint impressions on the standard impression sheets prescribed by the superintendent. The office, department, or entity may charge the person a reasonable fee for making the impressions. The standard impression sheets the superintendent prescribes pursuant to this division may be in a tangible format, in an electronic format, or in both tangible and electronic formats.

(3) Subject to division (D) of this section, the superintendent shall prescribe and charge a reasonable fee for providing a criminal records check under this section. The person requesting the criminal records check shall pay the fee prescribed pursuant to this division. In the case of a request under section 1121.23, 1155.03, 1163.05, 1315.141, 1733.47, 1761.26, 2151.33, 2151.412, 3770.36, or 5111.032 of the Revised Code, the fee shall be paid in the manner specified in that section.

(4) The superintendent of the bureau of criminal identification and investigation may prescribe methods of forwarding fingerprint impressions and information necessary to conduct a criminal records check, which methods shall include, but not be limited to, an electronic method.

(D) The results of a criminal records check conducted under this section, other than a criminal records check specified in division (A)(7) of this section, are valid for the person who is the subject of the criminal records check for a period of one year from the date upon which the superintendent completes the criminal records check. If during that period the superintendent receives another request for a criminal records check to be conducted under this section for that person, the superintendent shall provide the results from the previous criminal records check of the person at a lower fee than the fee prescribed for the initial criminal records check.

(E) When the superintendent receives a request for information from a registered private provider, the superintendent shall proceed as if the request was received from a school district board of education under section 3319.39 of the Revised Code. The superintendent shall apply division (A)(1)(c) of this section to any such request for an applicant who is a teacher.

(F)(1) All information regarding the results of a criminal records check conducted under this section that the superintendent reports or sends under division (A)(7) or (9) of this section to the director of public safety, the treasurer of state, or the person, board, or entity that made the request for the criminal records check shall relate to the conviction of the subject person, or the subject person's plea of guilty to, a criminal offense.

(2) Division (F)(1) of this section does not limit, restrict, or preclude the superintendent's release of information that relates to an adjudication of a child as a delinquent child, or that relates to a criminal conviction of a person under eighteen years of age if the person's case was transferred back to a juvenile court under division (B)(2) or (3) of section 2152.121 of the Revised Code and the juvenile court imposed a disposition or serious youthful offender disposition upon the person under either division, if either of the following applies with respect to the adjudication or conviction:

(a) The adjudication or conviction was for a violation of section 2903.01 or 2903.02 of the Revised Code.

(b) The adjudication or conviction was for a sexually oriented offense, as defined in section 2950.01 of the Revised Code, the juvenile court was required to classify the child a juvenile offender registrant for that offense under section 2152.82, 2152.83, or 2152.86 of the Revised Code, and that classification has not been removed.

(G) As used in this section:

(1) "Criminal records check" means any criminal records check conducted by the superintendent of the bureau of criminal identification and investigation in accordance with division (B) of this section.

(2) "Minor drug possession offense" has the same meaning as in section 2925.01 of the Revised Code.

(3) "OVI or OVUAC violation" means a violation of section 4511.19 of the Revised Code or a violation of an existing or former law of this state, any other state, or the United States that is substantially equivalent to section 4511.19 of the Revised Code.

(4) "Registered private provider" means a nonpublic school or entity registered with the superintendent of public instruction under section 3310.41 of the Revised Code to participate in the autism scholarship program or section 3310.58 of the Revised Code to participate in the Jon Peterson special needs scholarship program.

Sec. 3770.30. As used in sections 3770.30 to 3770.40 of the Revised Code:

(A) "Central system" means a computer system that provides the following functions related to sweepstakes gaming devices: security, auditing, data and information retrieval, and other purposes deemed necessary and authorized by the office of sweepstakes compliance.

(B) "Conduct" means to back, promote, organize, manage, carry on, sponsor, or prepare for the operation of a sweepstakes.

(C) "Consumer product" means any tangible goods offered to the public, at fair market value, of which no portion can be used or consumed to reveal an entry in a sweepstakes. "Consumer product" does not mean offering a service to access the internet.

(D) "Entry" means the act or process by which a person becomes eligible to receive any prize offered in a sweepstakes.

(E) "Sweepstakes" means a contest, game of chance, or gift enterprise, conducted within or throughout the state and other states that reveals an entry with the use of a sweepstakes gaming device, in which the elements of chance and prize are present. "Sweepstakes" does not include bingo conducted by a charitable organization as provided under Chapter 2915. of the Revised Code.

(F) "Sweepstakes compliance laboratory" means a laboratory that has been certified by the office of sweepstakes compliance to analyze and certify sweepstakes software used to conduct a sweepstakes under the rules adopted by the state lottery commission under section 3770.32 of the Revised Code.

(G) "Sweepstakes gaming device" means any video, electronic, or mechanical device owned, possessed, or provided by a sweepstakes gaming device operator to be used by any person to reveal an entry in a sweepstakes.

(H) "Sweepstakes gaming device operator" means a person licensed by the office of sweepstakes compliance to operate or conduct a sweepstakes in this state.

(I) "Sweepstakes gaming device vendor" means a person licensed by the office of sweepstakes compliance to supply or maintain sweepstakes software to a sweepstakes gaming device operator.

(J) "Sweepstakes software" means a computer program used by a sweepstakes gaming device operator to reveal an entry in a sweepstakes.

Sec. 3770.31. There is hereby created the state lottery commission office of sweepstakes compliance, which shall consist of directors, deputies, agents, and employees as are appointed by the director of the state lottery commission to administer the various functions of the office, including the review of applications and issuance of sweepstakes-related licenses.

The commission shall adopt rules under Chapter 119. of the Revised Code to regulate the operation of sweepstakes gaming devices in order to maintain the integrity of sweepstakes in this state and to issue licenses related to sweepstakes. The rules shall not conflict with federal law regarding sweepstakes. The rules may include authorizing a central system to be operated by the office for sweepstakes gaming device operators, of which such operators shall be responsible for the costs of the system as it relates to sweepstakes gaming devices. Any violation of sections 3770.30 to 3770.40 of the Revised Code or any rules adopted under those sections is grounds to reject a sweepstakes-related license application or to revoke or suspend a sweepstakes-related license.

Sec. 3770.32.  (A) The state lottery commission shall adopt rules under Chapter 119. of the Revised Code establishing procedures to certify a person as a sweepstakes compliance laboratory through the office of sweepstakes compliance and to establish criteria needed to certify sweepstakes software. The rules shall include provisions giving sweepstakes compliance laboratories located in this state priority over those located in other states.

(B) Before sweepstakes software is used in this state by a sweepstakes gaming device operator, a sweepstakes gaming device operator shall provide the office with a report from a sweepstakes compliance laboratory certifying that the sweepstakes software meets all of the applicable criteria adopted in the commission's rules.

Sec. 3770.33.  (A) Before conducting a sweepstakes, a person shall obtain a sweepstakes gaming device operator license from the office of sweepstakes compliance. The application for a sweepstakes gaming device operator license shall be on a form prescribed by the office and shall contain at least the following information:

(1) The name of the sweepstakes;

(2) The full legal name of the applicant and required contact information, including address, telephone number, federal tax identification number, and contact person;

(3) The address of the location where the sweepstakes will take place;

(4) The beginning and ending dates of the sweepstakes;

(5) The number of entries contained in the sweepstakes;

(6) A listing of all available prizes for the sweepstakes winners;

(7) The sweepstakes compliance laboratory report certifying the sweepstakes software; and

(8) Surety bond information as required under division (D) of this section.

A license shall display at least the number of sweepstakes gaming devices at a sweepstakes location, the number of available entries in the sweepstakes, that the outcome of an entry is predetermined, and that playing the games to reveal an entry in a sweepstakes is not gambling.

(B) Each person receiving a sweepstakes gaming device operator license shall pay to the office both of the following fees:

(1) A fee each calendar year, pro rata, of five thousand dollars if the sweepstakes gaming device operator will have between one and ten sweepstakes gaming devices; of ten thousand dollars if the sweepstakes gaming device operator will have between eleven and twenty-four sweepstakes gaming devices; of twenty thousand dollars if the sweepstakes gaming device operator will have between twenty-five and forty-nine sweepstakes gaming devices, and of thirty thousand dollars if the sweepstakes gaming device operator will have fifty or more sweepstakes gaming devices;

(2) A fee of two hundred fifty dollars each calendar year, pro rata, for each sweepstakes gaming device to be operated by the sweepstakes gaming device operator.

Fees collected under division (B)(2) of this section shall be allocated to the municipal corporation or unincorporated area of the township in which the licensee's sweepstakes gaming devices are located, as applicable. The state lottery commission may adopt rules describing and identifying when during each calendar year a person may submit an application and related fees related to a sweepstakes gaming device operator license. The commission may establish a schedule that allows persons to submit applications and fees on a rolling basis.

(C) Within sixty days after the winners have been determined, a sweepstakes gaming device operator shall provide the office with a certified list of the names and addresses of all persons who have won prizes with a value of more than twenty-five dollars, the value of the prizes, and the dates on which the prizes were won.

(D) A sweepstakes gaming device operator shall obtain a surety bond in an amount equal to the total value of all prizes offered in the sweepstakes. The sweepstakes gaming device operator shall file the bond with the office at least seven days before the start of the sweepstakes.

(E) A sweepstakes conducted by a sweepstakes gaming device operator shall have a finite pool of not more than ten million entries.

(F) A sweepstakes gaming device operator shall not require consideration to be given to participate in the sweepstakes. Any entry for which no consideration is given shall be drawn from the same pool as is used for any entry for which consideration is given.

(G) A sweepstakes gaming device operator shall only conduct a sweepstakes in connection with the sale of a consumer product.

Sec. 3770.34.  (A) Before supplying sweepstakes software to or maintaining sweepstakes software for a sweepstakes gaming device operator, a person shall obtain a sweepstakes gaming device vendor license from the office of sweepstakes compliance. The application for a sweepstakes gaming device vendor license shall be on a form prescribed by the office and shall contain at least the following information:

(1) The full legal name of the applicant and required contact information, including address, telephone number, federal tax identification number, and contact person; and

(2) A sweepstakes compliance laboratory report certifying the sweepstakes software.

(B) Each person receiving a sweepstakes gaming device vendor license shall pay to the office a fee of one hundred thousand dollars, pro rata, each calendar year. Such a person also shall pay any actual costs for certifying the sweepstakes software. The state lottery commission may adopt rules describing and identifying when during each calendar year a person may submit an application and related fees related to a sweepstakes gaming device vendor license. The commission may establish a schedule that allows persons to submit applications and fees on a rolling basis.

Sec. 3770.35.  (A) No person, personally or through the person's agent, shall conduct a sweepstakes with the use of a sweepstakes gaming device in this state or supply or maintain sweepstakes software in this state without first obtaining a license from the office of sweepstakes compliance as provided under sections 3770.30 to 3770.40 of the Revised Code.

(B) No person shall do any of the following:

(1) Design, promote, or conduct a sweepstakes in which the sweepstakes software may be manipulated or rigged so as to do either of the following:

(a) Allocate a winning sweepstakes or part thereof to a specific winner or to certain lessees, agents, or franchises; or

(b) Allocate a winning sweepstakes or part thereof to a particular period of the sweepstakes or to a particular geographic area.

(2) Arbitrarily remove, disqualify, disallow, or reject any entry.

(3) Fail to award prizes offered or award or advertise prizes other than those available for the sweepstakes as provided in the application under section 3770.33 of the Revised Code.

(4) Print, publish, or circulate literature or an advertisement for a sweepstakes that is false, deceptive, or misleading.

(5) Require the participant in a sweepstakes to pay an entry fee, make any payment, or provide proof of purchase as a condition of entering.

(C) The office of sweepstakes compliance or any law enforcement agency may investigate and inspect sweepstakes operations in this state and sweepstakes gaming device vendors, including requesting records and information from any person, requiring the attendance of any person for an examination under oath, and taking any other necessary and reasonable action to determine if a violation of any provision of sections 3770.30 to 3770.40 of the Revised Code or any rule adopted under those sections has occurred. If any law enforcement agency has reasonable grounds to believe that a person has violated any of those provisions, the law enforcement agency has a cause of action to, and may proceed in the proper court to enforce such provisions. No person shall obstruct, impede, or otherwise refuse to comply with a lawful request made under this section.

Sec. 3770.36.  The office of sweepstakes compliance shall request from the bureau of criminal identification and investigation under section 109.572 of the Revised Code, or coordinate with appropriate federal, state, and local government agencies to accomplish, criminal records checks for any person applying for a sweepstakes gaming device operator license or sweepstakes gaming device vendor license. At or before the time of making a request for a criminal records check, the office shall require the applicant to submit to the office valid fingerprint impressions in a format and by any media or means acceptable to the bureau of criminal identification and investigation and, when applicable, the federal bureau of investigation. The office may cause the bureau of criminal identification and investigation to conduct a criminal records check through the federal bureau of investigation only if the person for whom the criminal records check would be conducted resides or works outside of this state or has resided or worked outside of this state during the preceding five years, or if a criminal records check conducted by the bureau of criminal identification and investigation within this state indicates that the person may have a criminal record outside of this state.

In the case of a criminal records check under section 109.572 of the Revised Code, the office shall forward to the bureau of criminal identification and investigation the requisite form, fingerprint impressions, and fee described in division (C) of that section. When requested by the office in accordance with this section, the bureau of criminal identification and investigation shall request from the federal bureau of investigation any information it has with respect to the person who is the subject of the requested criminal records check and shall forward the requisite fingerprint impressions and information to the federal bureau of investigation for that criminal records check. After conducting a criminal records check or receiving the results of a criminal records check from the federal bureau of investigation, the bureau of criminal identification and investigation shall provide the results to the office.

The office may require any person about whom a criminal records check is requested to pay to the office the amount necessary to cover the fee charged to the office by the bureau of criminal identification and investigation under division (C)(3) of section 109.572 of the Revised Code, including, when applicable, any fee for a criminal records check conducted by the federal bureau of investigation.

Before issuing a license, the office shall review the results of the criminal records check. The office shall not issue a license to a person a criminal records check discloses has been convicted of or has pleaded guilty or no contest to a disqualifying offense. A "disqualifying offense" means any gambling offense, any theft offense, any offense having an element of fraud or misrepresentation, any offense having an element of moral turpitude, or any felony not otherwise included in the foregoing list.

Sec. 3770.37.  (A) A sweepstakes gaming device operator shall adhere to all local zoning or land use laws, subdivision ordinances, resolutions, or regulations, or similar provisions that apply to the location at which the operator conducts sweepstakes.

(B) The sweepstakes gaming device operator shall display the operator's license and the sweepstakes software certification in a public and conspicuous place at the location at which the operator conducts sweepstakes.

(C) Before a consumer may reveal an entry with the use of a sweepstakes gaming device, a sweepstakes gaming device operator shall cause to be displayed on the sweepstakes gaming device in at least a font size of fourteen the following, which shall be affirmatively acknowledged by the consumer: "You Have Entered a Sweepstakes Game that is Predetermined. You Cannot Change the Outcome by Playing the Games. This is Not Gambling. SWEEPSTAKES ENTRIES CAN BE OPENED IN ANY OF THE ENTERTAINING GAMES. THERE IS NO RELATIONSHIP BETWEEN THE ENTERTAINMENT GAME AND THE AMOUNT OF A PRIZE, IF ANY. THE VALUES OF THE PRIZES RELATED TO THE GAME ARE FOR ENTERTAINMENT ONLY AND DO NOT REPRESENT PRIZES AVAILABLE TO BE AWARDED IN THE SWEEPSTAKES."

(D) A sweepstakes gaming device operator shall not do any of the following:

(1) Except for a location operated by a charitable, veterans, fraternal, or sporting organization as defined in section 2915.01 of the Revised Code, permit beer or intoxicating liquor to be served or consumed in any location in which a sweepstakes conducted with the use of a sweepstakes gaming device takes place. Except as provided in this division, a sweepstakes gaming device operator shall not be issued a permit under Chapter 4303. of the Revised Code for any location at which the operator conducts sweepstakes.

(2) Permit any individual under eighteen years of age to enter or be employed at a facility operated by the sweepstakes gaming device operator at which sweepstakes are conducted.

(3) Offer or pay out any one prize with a value of more than five thousand dollars.

(4) Offer or pay out any prize in any form other than cash.

(5) Permit any individual to play any entries on a sweepstakes gaming device from prize winnings without first cashing out those winnings.

(6) Cause the sweepstakes results to be located other than on a server that shall be at the location at which the operator conducts sweepstakes.

(7) Cause the result of an entry to be drawn from the finite pool of entries other than at the time of purchase.

(8) Draw entries at one location from more than one finite pool of entries.

(9) Allow the play level on a sweepstakes gaming device to affect the prize level available for the entry.

Sec. 3770.38.  Any regulation of sweepstakes gaming devices shall be governed by this chapter and not by Chapter 2915. of the Revised Code.

Sec. 3770.39. There is hereby created the sweepstakes gaming compliance fund in the state treasury. All fees and fines received under sections 3770.30 to 3770.40 of the Revised Code shall be deposited into the fund and used for the purposes specified in those sections. All moneys remaining in the fund shall be used by the office of sweepstakes compliance for administering those sections. All investment earnings of the fund shall be credited to the fund.

Sec. 3770.40. The legislative authority of a municipal corporation may adopt an ordinance for the municipal corporation and a board of township trustees may adopt a resolution for the unincorporated area of a township prohibiting the operation of sweepstakes gaming devices or limiting the number of facilities operated by a sweepstakes gaming device operator at which sweepstakes are conducted in the respective municipal corporation or township.

Sec. 3770.99.  (A) Whoever is prohibited from claiming a lottery prize award under division (E) of section 3770.07 of the Revised Code and attempts to claim or is paid a lottery prize award is guilty of a minor misdemeanor, and shall provide restitution to the state lottery commission of any moneys erroneously paid as a lottery prize award to that person.

(B) Whoever violates division (C) of section 3770.071 or section 3770.08 of the Revised Code is guilty of a misdemeanor of the third degree.

(C) Whoever violates sections 3770.30 to 3770.40 of the Revised Code or rules adopted under those sections is guilty of a felony of the fourth degree for each offense.

Section 2.  That existing sections 109.572 and 3770.99 of the Revised Code are hereby repealed.

Section 3. Beginning three months after the effective date of sections 3770.30 to 3770.40 of the Revised Code, a person conducting a sweepstakes or supplying or maintaining sweepstakes software shall have been licensed under the applicable provisions of those sections. After that date, any person who conducts a sweepstakes or supplies or maintains sweepstakes software without a license issued by the Office of Sweepstakes Compliance is considered to be in violation of section 3770.35 of the Revised Code.

Section 4.  Section 109.572 of the Revised Code is presented in this act as a composite of the section as amended by both Am. Sub. H.B. 487 and Am. Sub. S.B. 337 of the 129th General Assembly. The General Assembly, applying the principle stated in division (B) of section 1.52 of the Revised Code that amendments are to be harmonized if reasonably capable of simultaneous operation, finds that the composite is the resulting version of the section in effect prior to the effective date of the section as presented in this act.