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H. J. R. No. 14 As Reported by the House Rules and Reference CommitteeAs Reported by the House Rules and Reference Committee 128th General Assembly | Regular Session | 2009-2010 |
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Representatives Celeste, Bacon
Cosponsors:
Representatives Harris, Garland, Carney, Grossman, Stewart, Heard, Weddington, Blessing, Boyd, Book
A JOINT RESOLUTION | To amend Section 6 of Article XV of the Constitution
of the State of Ohio to change the location of the
authorized casino in Columbus to a designated site
in Franklin County.
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Be it resolved by the General Assembly of the State of Ohio,
three-fifths of the members elected to each house concurring
herein, that there shall be submitted to the electors of the
state, in the manner prescribed by law at the special election to
be held on May 4, 2010, a proposal to amend Section 6 of Article
XV of the Constitution of the State of Ohio to read as follows: |
6. Except as otherwise provided in this section,
lotteries, and the sale of lottery tickets, for any purpose
whatever, shall forever be prohibited in this State. |
(A) The General Assembly may authorize an agency of the state
to conduct lotteries, to sell rights to participate therein, and
to award prizes by chance to participants, provided that the
entire net proceeds of any such lottery are paid into a fund of
the state treasury that shall consist solely of such proceeds and
shall be used solely for the support of elementary, secondary,
vocational, and special education programs as determined in
appropriations made by the General Assembly. |
(B) The General Assembly may authorize and regulate the
operation of bingo to be conducted by charitable organizations for
charitable purposes. |
(C)(1) Casino gaming shall be authorized at four casino
facilities (a single casino at a designated location within each
of the cities of Cincinnati, Cleveland, Columbus and Toledo and
within Franklin County) to create new funding for cities,
counties, public school districts, law enforcement, the horse
racing industry and job training for Ohio's workforce. |
(2) A thirty-three percent tax shall be levied and collected
by the state on all gross casino revenue received by each casino
operator of these four casino facilities. In addition, casino
operators, their operations, their owners, and their property
shall be subject to all customary non-discriminatory fees, taxes,
and other charges that are applied to, levied against, or
otherwise imposed generally upon other Ohio businesses, their
gross or net revenues, their operations, their owners, and their
property. Except as otherwise provided in section 6(C), no other
casino gaming-related state or local fees, taxes, or other charges
(however measured, calculated, or otherwise derived) may be,
directly or indirectly, applied to, levied against, or otherwise
imposed upon gross casino revenue, casino operators, their
operations, their owners, or their property. |
(3) The proceeds of the tax on gross casino revenue collected
by the state shall be distributed as follows: |
(a) Fifty-one percent of the tax on gross casino revenue
shall be distributed among all eighty-eight counties in proportion
to such counties' respective populations at the time of such
distribution. If a county's most populated city, as of the 2000
United States census bureau census, had a population greater than
80,000, then fifty percent of that county's distribution will go
to said city. |
(b) Thirty-four percent of the tax on gross casino revenue
shall be distributed among all eighty-eight counties in proportion
to such counties' respective public school district student
populations at the time of such distribution. Each such
distribution received by a county shall be distributed among all
public school districts located (in whole or in part) within such
county in proportion to each school district's respective student
population who are residents of such county at the time of such
distribution to the school districts. Each public school district
shall determine how its distributions are appropriated, but all
distributions shall only be used to support primary and secondary
education. |
(c) Five percent of the tax on gross casino revenue shall be
distributed to the host city where the casino facility that
generated such gross casino revenue is located. |
(d) Three percent of the tax on gross casino revenue shall be
distributed to fund the Ohio casino control commission. |
(e) Three percent of the tax on gross casino revenue shall be
distributed to an Ohio state racing commission fund to support
purses, breeding programs, and operations at all existing
commercial horse racetracks permitted as of January 1, 2009.
However, no funding under this division shall be distributed to
operations of an Ohio commercial horse racetrack if an owner or
operator of the racetrack holds a majority interest in an Ohio
casino facility or in an Ohio casino license. |
(f) Two percent of the tax on gross casino revenue shall be
distributed to a state law enforcement training fund to enhance
public safety by providing additional training opportunities to
the law enforcement community. |
(g) Two percent of the tax on gross casino revenue shall be
distributed to a state problem gambling and addictions fund which
shall be used for the treatment of problem gambling and substance
abuse, and related research. |
Tax collection, and distributions to public school districts
and local governments, under sections 6(C)(2) and (3), are
intended to supplement, not supplant, any funding obligations of
the state. Accordingly, all such distributions shall be
disregarded for purposes of determining whether funding
obligations imposed by other sections of this Constitution are
met. |
(4) There is hereby created the Ohio casino control
commission which shall license and regulate casino operators,
management companies retained by such casino operators, key
employees of such casino operators and such management companies,
gaming-related vendors, and all gaming authorized by section 6(C),
to ensure the integrity of casino gaming. |
Said commission shall determine all voting issues by majority
vote and shall consist of seven members appointed by the governor
with the advice and consent of the senate. Each member of the
commission must be a resident of Ohio. At least one member of the
commission must be experienced in law enforcement and criminal
investigation. At least one member of the commission must be a
certified public accountant experienced in accounting and
auditing. At least one member of the commission must be an
attorney admitted to the practice of law in Ohio. At least one
member of the commission must be a resident of a county where one
of the casino facilities is located. Not more than four members
may be affiliated with the same political party. No commission
member may have any affiliation with an Ohio casino operator or
facility. |
Said commission shall require each initial licensed casino
operator of each of the four casino facilities to pay an upfront
license fee of fifty million dollars ($50,000,000) per casino
facility for the benefit of the state, for a total of two hundred
million dollars ($200,000,000). The upfront license fee shall be
used to fund state economic development programs which support
regional job training efforts to equip Ohio's workforce with
additional skills to grow the economy. |
To carry out the tax provisions of section 6(C), and in
addition to any other enforcement powers provided under Ohio law,
the tax commissioner of the State and the Ohio casino control
commission, or any person employed by the tax commissioner or said
commission for that purpose, upon demand, may inspect books,
accounts, records, and memoranda of any person subject to such
provisions, and may examine under oath any officer, agent, or
employee of that person. |
(5) Each initial licensed casino operator of each of the four
casino facilities shall make an initial investment of at least two
hundred fifty mi1lion dollars ($250,000,000) for the development
of each casino facility for a total minimum investment of one
billion dollars ($1,000,000,000) statewide. A casino operator: (a)
may not hold a majority interest in more than two of the four
licenses allocated to the casino facilities at any one time; and
(b) may not hold a majority interest in more than two of the four
casino facilities at any one time. |
(6) Casino gaming authorized in section 6(C) shall be
conducted only by licensed casino operators of the four casino
facilities or by licensed management companies retained by such
casino operators. At the discretion of each licensed casino
operator of a casino facility: (a) casino gaming may be conducted
twenty-four hours each day; and (b) a maximum of five thousand
slot machines may be operated at such casino facility. |
(7) Each of the four casino facilities shall be subject to
all applicable state laws and local ordinances related to health
and building codes, or any related requirements and provisions.
Notwithstanding the foregoing, no local zoning, land use laws,
subdivision regulations or similar provisions shall prohibit the
development or operation of the four casino facilities set forth
herein, provided that no casino facility shall be located in a
district zoned exclusively residential as of January 1, 2009. |
(8) Notwithstanding any provision of the Constitution,
statutes of Ohio, or a local charter and ordinance, only one
casino facility shall be operated in each of the cities of
Cleveland, Columbus, Cincinnati, and Toledo and in Franklin
County. |
(9) For purposes of this section 6(C), the following
definitions shall be applied: |
"Casino facility" means all or any part of any one or more of
the following properties (together with all improvements situated
thereon) in Cleveland, Cincinnati, Columbus and Toledo and in
Franklin County: |
Being an approximate 61 acre area in Cuyahoga County, Ohio,
as identified by the Cuyahoga County Auditor, as of 02/27/09, as
tax parcel numbers 004-28-001, 004-29-004A, 004-29-005,
004-29-008, 004-29-009, 004-29-010, 004-29-012, 004-29-013,
004-29-014, 004-29-020, 004-29-018, 004-29-017, 004-29-016,
004-29-021, 004-29-025, 004-29-027, 004-29-026, 004-28-008,
004-28-004, 004-28-003, 004-28-002, 004-28-010, 004-29-001,
004-29-007 and 004-04-017 and all lands and air rights lying
within and/or above the public rights of way adjacent to such
parcels. |
Being an approximate 8.66 acre area in Cuyahoga County, Ohio,
being that parcel identified by the Cuyahoga County Auditor, as of
02/27/09, as tax parcel number 101-21-002 and all lands and air
rights lying within and/or above the public rights of way adjacent
to such parcel. |
Being an approximate 2.56 acre area in Cuyahoga County, Ohio,
being that parcel identified by the Cuyahoga County Auditor, as of
02/27/09, as tax parcel number 101-21-002 and all lands and air
rights lying within and/or above the public rights of way adjacent
to such parcel. |
Being an approximate 7.91 acre area in Cuyahoga County, Ohio,
being that parcel identified by the Cuyahoga County Auditor, as of
02/27/09, as tax parcel number 101-23-050A and all lands and air
rights lying within and/or above the public rights of way adjacent
to such parcel. |
All air rights above the parcel located in Cuyahoga County,
Ohio identified by the Cuyahoga County Auditor, as of 02/27/09, as
tax parcel number 101-22-003. |
Being an approximate 1.55 acre area in Cuyahoga County, Ohio,
as identified by the Cuyahoga County Auditor, as of 02/27/09, as
tax parcel numbers 122-18-010, 122-18-0ll and 122-18-012 and all
lands and air rights lying within and/or above the public rights
of way adjacent to such parcels. |
Being an approximate 1.83 acre area in Cuyahoga County, Ohio,
as identified by the Cuyahoga County Auditor, as of 02/27/09, as
tax parcel numbers 101-30-002 and 101-30-003 and all lands and air
rights lying within and/or above the public rights of way adjacent
to such parcels. |
Consisting of floors one through four, mezzanine, basement,
sub-basement, Parcel No. 36-2, Item III, Parcels First and Second,
Item V, Parcel A, and Item VI, Parcel One of the Higbee Building
in Cuyahoga County, Ohio, as identified by the Cuyahoga County
Auditor, as of 2/29/09, as tax parcel numbers 101-23-002 and
101-23-050F and all lands and air rights lying within and/or above
the public rights of way adjacent to such parcels. |
(b) ColumbusFranklin County: |
Being an approximate 18.312113.794 acre area in the City of
Columbus, Franklin County, Ohio, as identified by the Franklin
County Auditor, as of 03/05/0901/19/10, as tax parcel numbers
010-005518-80, 010-005518-90, 010-020215-80, 010-020215-90,
010-008443-80 and 010-008443-90number 140-003620-00. |
Being an approximate 20.4 acre area in Hamilton County, Ohio,
being identified by the Hamilton County Auditor, as of 02/27/09,
as tax parcel numbers 074-0002-0009-00, 074-0001-0001-00,
074-0001-0002-00, 074-0001-0003-00, 074-0001-0004-00,
074-0001-0006-00, 074-0001-0008-00, 074-0001-0014-00,
074-0001-0016-00, 074-0001-0031-00, 074-0001-0039-00,
074-0001-0041-00, 074-0001-0042-00, 074-0001-0043-00,
074-0002-0001-00, 074-0004-0001-00, 074-0004-0002-00,
074-0004-0003-00 and 074-0005-0003-00. |
Being an approximate 44.24 acre area in the City of Toledo,
Lucas County, Ohio, as identified by the Lucas County Auditor, as
of 03/05/09, as tax parcel numbers 18-76138 and 18-76515. |
"Casino gaming" means any type of slot machine or table game
wagering, using money, casino credit, or any representative of
value, authorized in any of the states of Indiana, Michigan,
Pennsylvania and West Virginia as of January 1, 2009, and shall
include slot machine and table game wagering subsequently
authorized by, but shall not be limited by subsequent restrictions
placed on such wagering in, such states. Notwithstanding the
aforementioned definition, "casino gaming" does not include bingo,
as authorized in article XV, section 6 of the Ohio Constitution
and conducted as of January 1, 2009, or horse racing where the
pari-mutuel system of wagering is conducted, as authorized under
the laws of Ohio as of January 1, 2009. |
"Casino operator" means any person, trust, corporation,
partnership, limited partnership, association, limited liability
company or other business enterprise that directly holds an
ownership or leasehold interest in a casino facility. "Casino
operator" does not include an agency of the state, any political
subdivision of the state, or any person, trust, corporation,
partnership, limited partnership, association, limited liability
company or other business enterprise that may have an interest in
a casino facility, but who is legally or contractually restricted
from conducting casino gaming. |
"Gross casino revenue" means the total amount of money
exchanged for the purchase of chips, tokens, tickets, electronic
cards, or similar objects by casino patrons, less winnings paid to
wagerers. |
"Majority interest" in a license or in a casino facility (as
the case may be) means beneficial ownership of more than fifty
percent (50%) of the total fair market value of such license or
casino facility (as the case may be). For purposes of the
foregoing, whether a majority interest is held in a license or in
a casino facility (as the case may be) shall be determined in
accordance with the rules for constructive ownership of stock
provided in Treas. Reg. § 1.409A-3(i)(5)(iii) as in effect on
January 1, 2009. |
"Slot machines" shall include any mechanical, electrical, or
other device or machine which, upon insertion of a coin, token,
ticket, or similar object, or upon payment of any consideration,
is available to play or operate, the play or operation of which,
whether by reason of the skill of the operator or application of
the element of chance, or both, makes individual prize
determinations for individual participants in cash, premiums,
merchandise, tokens, or any thing of value, whether the payoff is
made automatically from the machine or in any other manner. |
"Table game" means any game played with cards, dice, or any
mechanical, electromechanical, or electronic device or machine for
money, casino credit, or any representative of value. |
(10) The General Assembly shall pass laws within six months
of the effective date of section 6(C) to facilitate the operation
of section 6(C). |
(11) Each provision of section 6(C) is intended to be
independent and severable, and if any provision of section 6(C) is
held to be invalid, either on its face or as applied to any person
or circumstance, the remaining provisions of section 6(C), and the
application thereof to any person or circumstance other than those
to which it is held invalid, shall not be affected thereby. In any
case of a conflict between any provision of section 6(C) and any
other provision contained in this Constitution, the provisions of
section 6(C) shall control. |
(12) Notwithstanding the provisions of section 6(C)(11),
nothing in this section 6(C) (including, without limitation, the
provisions of sections 6(C)(6) and 6(C)(8)) shall restrict or in
any way limit lotteries authorized under section 6(A) of this
article or bingo authorized under section 6(B) of this article.
The provisions of this section 6(C) shall have no effect upon
activities authorized under sections 6(A) and/or (6)(B) of this
article. |
EFFECTIVE DATE AND REPEAL
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If adopted by a majority of the electors voting on this
proposal, the amendment takes immediate effect, and existing
Section 6 of Article XV of the Constitution of the State of Ohio
is repealed from that effective date. |
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