Bill Text: OH HJR4 | 2009-2010 | 128th General Assembly | Introduced

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Bill Title: As Introduced 128th General AssemblyRegular Session2009-2010H. J. R. No. 4 Representative Murray

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2009-10-13 - To State Government [HJR4 Detail]

Download: Ohio-2009-HJR4-Introduced.html

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As Introduced

128th General Assembly Regular Session 2009-2010

H. J. R. No. 4

Representative Murray 

Cosponsors: Representatives Yuko, Koziura, Foley 

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A JOINT RESOLUTION

Proposing to amend Section 6 and to enact Section 6a

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of Article XV of the Constitution of the State of

2

Ohio to authorize the conduct of casino gaming at

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facilities in specified locations in this state if

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approved by the electors of a county or municipal

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corporation and in accordance with laws enacted to

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regulate and restrict these facilities.

7

Be it resolved by the General Assembly of the State of Ohio,	8
three-fifths of the members elected to each house concurring	9
herein, that there shall be submitted to the electors of the	10
state, in the manner prescribed by law at the general election to	11
be held on May 4, 2010, a proposal to amend Section 6 and to	12
enact Section 6a of Article XV of the Constitution of the State of	13
Ohio to read as follows:	14

Sec. 6.6.  Except as otherwise provided in this	15
section and in Section 6a of Article XV of this constitution,	16
lotteries, and the sale of lottery tickets, for any purpose	17
whatever, shall forever be prohibited in this State.	18

The General Assembly may authorize an agency of the state to	19
conduct lotteries, to sell rights to participate therein, and to	20
award prizes by chance to participants, provided that the entire	21
net proceeds of any such lottery are paid into a fund of the state	22
treasury that shall consist solely of such proceeds and shall be	23
used solely for the support of elementary, secondary, vocational,	24
and special education programs as determined in appropriations	25
made by the General Assembly.	26

The General Assembly may authorize and regulate the operation	27
of bingo to be conducted by charitable organizations for	28
charitable purposes.	29

6a.  (A) The general assembly shall enact laws	30
authorizing and regulating the operation of casinos and the	31
conduct of gaming in those casinos, which shall be consistent with	32
all of the following, not later than six months after the	33
effective date of this section.	34

(1) Casino gaming in this state is to be authorized at up to	35
fifteen casinos in the following manner:	36

(a) Up to six casinos in counties with a population of four	37
hundred thousand or more;	38

(b) Up to five casinos in counties with a population of one	39
hundred thousand or more but less than four hundred thousand;	40

(c) Up to four casinos in counties with a population of less	41
than one hundred thousand.	42

(2) A tax of fifty per cent is to be levied and collected on	43
all gross casino revenue that each casino operator receives. The	44
tax collected is to be distributed as follows:	45

(a) Forty-five per cent is to be paid into the general	46
revenue fund of the state.	47

(b) Twenty per cent is to be distributed among all counties	48
in the state in proportion to the counties' respective populations	49
at the time of the distribution. After receiving its distribution,	50
each county through its board of county commissioners is to	51
determine the percentage of the population of the county that	52
resides in municipal corporations and is to multiply this	53
percentage by the amount distributed to the county. The county	54
then is to distribute the resulting amount to municipal	55
corporations within the county in proportion to each municipal	56
corporation's respective population that resides in the county at	57
the time of the distribution.	58

(c) Twenty per cent is to be distributed among all counties	59
in the state in proportion to the counties' respective public	60
school district populations at the time of the distribution. Each	61
distribution that a county receives is to be distributed among all	62
public school districts located in whole or in part within the	63
county in proportion to each public school district's respective	64
student population composed of residents of the county at the time	65
of the distribution. Each public school district is to determine	66
how its distribution shall be appropriated, but all distributions	67
to a school district are to be used only to support primary and	68
secondary education.	69

(d) Five per cent is be distributed to each municipal	70
corporation in which a casino is located or, if a casino is not	71
located in a municipal corporation, then to the county in which	72
the casino is located.	73

(e) Three per cent is to be used to pay for the expenses of	74
the Ohio casino control commission.	75

(f) Three per cent is to be used to support purses for horse	76
races, horse breeding programs, and operations at all commercial	77
horse racing tracks that were in existence on January 1, 2009. No	78
distribution is to be made under division (A)(2)(f) of this	79
section to a commercial horse racing track if an owner or operator	80
of the track holds a majority interest in a casino authorized by,	81
or in a casino license issued, under this section.	82

(g) Two per cent is to be used to enhance public safety by	83
providing additional training opportunities to law enforcement	84
agencies.	85

(h) Two per cent is to be used for the treatment of problem	86
gambling and substance abuse and for related research.	87

Casino operators and their operations, their owners, and	88
their property are to be subject to all customary	89
nondiscriminatory fees, taxes, and other charges that are applied	90
to, levied against, or otherwise generally imposed upon other	91
businesses in this state, their gross or net revenues, their	92
operations, their owners, and their property.	93

(3)(a) The Ohio casino control commission is to be created to	94
ensure the integrity of casino gaming. The commission is to	95
license casino operators, management companies retained by casino	96
operators, and employees of casino operators, and is to regulate	97
those operators, management companies, employees, gaming-related	98
vendors, and all gaming authorized by this section.	99

(b) The commission is to consist of seven members appointed	100
by the governor with the advice and consent of the senate. Each	101
member of the commission is to be a resident of this state. At	102
least one member is to be experienced in law enforcement and	103
criminal investigation, at least one member is to be a certified	104
public accountant experienced in accounting and auditing, at least	105
one member is to be an attorney admitted to the practice of law in	106
this state, and at least one member is to be a resident of a	107
county where a casino is located. Not more than four members are	108
to be affiliated with the same political party. No member is to	109
have an affiliation with a casino or a casino operator. The	110
governor is to appoint the members of the commission not later	111
than sixty days after the effective date of the law that	112
establishes the commission.	113

In order to carry out this section, and in addition to any	114
other enforcement provisions contained in the laws of this state,	115
the state tax commissioner and the casino control commission, or	116
any person employed by the tax commissioner or commission, upon	117
demand is to be allowed to inspect books, accounts, records, and	118
memoranda of any person subject to this section or those	119
provisions, and to examine under oath any officer, agent, or	120
employee of that person.	121

(c) Each of the initial licensed casino operators is to pay	122
to the casino control commission, for the benefit of the state, a	123
licensing fee for each casino. The commission is to issue casino	124
licenses competitively, based upon criteria the commission is to	125
establish within sixty days after all members of the commission	126
have been appointed. These criteria are to include the amount and	127
terms of the licensing fee the casino operator is required to pay,	128
the cost and quality of the proposed improvements to be	129
constructed in connection with a casino, including the anticipated	130
economic development impact of the construction on both the	131
economy of the state and the area where the casino will be	132
located, and the proximity of the location of the proposed casino	133
to other casinos in this state. The commission is not to be	134
required to issue all casino licenses at the same time and is to	135
be allowed to choose to issue the licenses over time and under	136
revised criteria.	137

(4)(a) Each initially licensed casino operator is to make an	138
initial investment of at least twenty-five million dollars for the	139
development of that casino.	140

(b) In order to provide for community-wide economic	141
development, each casino is to be planned and constructed in order	142
to provide overnight accommodations and restaurant facilities to	143
provide for not more than forty per cent of the casino's patrons,	144
with such determinations to be made by the commission in	145
consultation with economists or with the aid of market studies or	146
such other resources the commission considers necessary and	147
appropriate.	148

(c) In order to promote local control and increase the	149
percentage of profits subject to the taxes of this state, each	150
entity owning a casino is to be incorporated under the laws of	151
this state, and all facilities and operations related to each	152
casino is to be owned by a single entity. Each of these casino	153
corporations, if sold, is to be sold under the laws of this state	154
to an interstate purchaser. No person, family, or other affiliated	155
person is to be allowed to own more than ten per cent of such a	156
corporation.	157

(d) Only licensed casino operators, or licensed management	158
companies retained by such operators, are to be allowed to conduct	159
casino gaming authorized under this section. Gaming is to be	160
allowed to be conducted at a casino twenty-four hours each day at	161
the discretion of the casino operator.	162

(e) Each casino is to be subject to all applicable state laws	163
and local ordinances or resolutions related to health and building	164
codes and any related requirements and provisions.	165

(5) The electors of each county and each municipal	166
corporation are to be required to approve the licensing and	167
operation of casino gaming within the county or municipal	168
corporation before casino gaming may be conducted in that county	169
or municipal corporation. The question to be submitted to the	170
electors of the county or municipal corporation at a primary,	171
general, or special election shall read as follows:	172

"Shall casino gaming be authorized within this (county)	173
(municipal corporation)?"	174

Only if a majority of the electors voting on the question	175
vote "yes," shall casino gaming be allowed to be conducted in that	176
county or municipal corporation as authorized by this section.	177

(6)(a) The attorney general of this state is to have primary	178
responsibility to enforce the laws enacted by the general assembly	179
and rules adopted by the casino control commission to regulate	180
casinos.	181

(b) No owner or operator of a casino is to provide credit or	182
a loan to enable a person to participate in gaming at a casino.	183

(c) No person under twenty-one years of age is to be a	184
participant in gaming at a casino either as a player or as an	185
employee conducting the gaming.	186

(d) The commission is to license all employees of a casino.

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(e) Neither the state nor any political subdivision is to	188
provide any tax abatement or deferment, or to provide a grant or	189
loan, to be used to construct or operate any casino.	190

(f) Laborers and mechanics employed in a casino are to be	191
paid the same prevailing rates of wages for their work as state	192
law determines must be paid for similar work throughout the state.	193

(g) An aggregate value of five per cent of the total value of	194
all contracts for the construction of a casino project and five	195
per cent of the total value of all materials and equipment	196
purchased for such a project are to be set aside for minority	197
business enterprises.	198

(7) There is to be a casino oversight commission, created as	199
a permanent body, to conduct hearings and make annual reports and	200
recommendations regarding the operation of casinos.	201

(B) Each provision of this section is intended to be	202
independent and severable. If any provision is determined to be	203
invalid, either on its face or as applied to any person or	204
circumstance, the remaining provisions and their application to	205
any person or circumstance other than those to which it is	206
determined to be invalid is not affected thereby. In any case of a	207
conflict between this section and any other provision contained in	208
the constitution of this state, this section prevails.	209

EFFECTIVE DATE	210

If the proposal is adopted by a majority of the electors	211
voting on the proposal, it takes effect on July 1, 2010, and	212
existing Section 6 of Article XV of the Constitution of the State	213
of Ohio is repealed and new Section 6a of Article XV is enacted on	214
that effective date.	215