As Introduced
135th General Assembly
Regular Session S. B. No. 312
2023-2024
Senator Antani
A BILL
To amend sections 3123.90, 3772.01, 3772.02, 1
3772.03, 3772.031, 3772.033, 3772.034, 3772.04, 2
3772.051, 3772.06, 3772.07, 3772.08, 3772.091, 3
3772.10, 3772.112, 3772.12, 3772.13, 3772.131, 4
3772.16, 3772.18, 3772.20, 3772.22, 3772.23, 5
3772.26, 3772.31, 3772.34, 3772.35, 3772.37, 6
3772.99, 3775.01, 3775.02, 3775.03, 3775.041, 7
3775.09, 3775.11, 5747.063, 5751.01, 5753.01, 8
5753.03, 5753.04, 5753.05, 5753.07, 5753.08, and 9
5753.12 and to enact sections 3772.40, 3772.41, 10
3772.42, 3772.43, 3772.44, 3772.45, 3775.081, 11
and 5753.022 of the Revised Code to legalize and 12
regulate internet casino gaming in this state, 13
to modify the law governing online sports 14
gaming, and to levy a tax on businesses that 15
provide internet casino gaming. 16
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3123.90, 3772.01, 3772.02, 17
3772.03, 3772.031, 3772.033, 3772.034, 3772.04, 3772.051, 18
3772.06, 3772.07, 3772.08, 3772.091, 3772.10, 3772.112, 3772.12, 19
3772.13, 3772.131, 3772.16, 3772.18, 3772.20, 3772.22, 3772.23, 20
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As Introduced
3772.26, 3772.31, 3772.34, 3772.35, 3772.37, 3772.99, 3775.01, 21
3775.02, 3775.03, 3775.041, 3775.09, 3775.11, 5747.063, 5751.01, 22
5753.01, 5753.03, 5753.04, 5753.05, 5753.07, 5753.08, and 23
5753.12 be amended and sections 3772.40, 3772.41, 3772.42, 24
3772.43, 3772.44, 3772.45, 3775.081, and 5753.022 of the Revised 25
Code be enacted to read as follows: 26
Sec. 3123.90. (A) As used in this section: 27
(1) "Casino facility," "casino operator," "permit holder," 28
and "management company" have the meanings defined in section 29
3772.01 of the Revised Code. 30
(2) "Sports gaming proprietor" has the meaning defined in 31
section 3775.01 of the Revised Code. 32
(B) The department of job and family services shall 33
develop and implement a real time data match program with each 34
casino facility's casino operator or management company, with 35
each permit holder, and with each sports gaming proprietor to 36
identify obligors who are subject to a final and enforceable 37
determination of default made under sections 3123.01 to 3123.07 38
of the Revised Code. 39
(C) Upon the data match program's implementation, if a 40
person receives a payout of winnings at a casino facility or 41
from casino or sports gaming in an amount for which reporting to 42
the internal revenue service of the amount is required by 43
section 6041 of the Internal Revenue Code, as amended, the 44
casino operator, management company, permit holder, or sports 45
gaming proprietor shall refer to the data match program to 46
determine if the person entitled to the winnings is in default 47
under a support order. If the data match program indicates that 48
the person is in default, the casino operator, management 49
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As Introduced
company, permit holder, or sports gaming proprietor shall 50
withhold from the person's winnings an amount sufficient to 51
satisfy any past due support owed by the obligor identified in 52
the data match up to the amount of the winnings. 53
(D) Not later than fourteen days after withholding the 54
amount, the casino operator, management company, permit holder, 55
or sports gaming proprietor shall electronically transmit any 56
amount withheld to the department as payment on the support 57
obligation. 58
(E) The department, in consultation with the Ohio casino 59
control commission, may adopt rules under Chapter 119. of the 60
Revised Code as are necessary for implementation of this 61
section. 62
Sec. 3772.01. As used in this chapter: 63
(A) "Applicant" means any person who applies to the 64
commission for a license or permit under this chapter. 65
(B) "Casino control commission fund" means the casino 66
control commission fund described in Section 6(C)(3)(d) of 67
Article XV, Ohio Constitution, the money in which shall be used 68
to fund the commission and its related affairs. 69
(C) "Casino facility" means a casino facility as defined 70
in Section 6(C)(9) of Article XV, Ohio Constitution. 71
(D) "Casino game" means any slot machine or table game as 72
defined in this chapter. 73
(E) "Casino gaming" means any type of slot machine or 74
table game wagering, using money, casino credit, or any 75
representative of value, authorized in any of the states of 76
Indiana, Michigan, Pennsylvania, and West Virginia as of January 77
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As Introduced
1, 2009, and includes slot machine and table game wagering 78
subsequently authorized by, but shall not be limited by, 79
subsequent restrictions placed on such wagering in such states. 80
"Casino gaming" includes internet casino gaming and does not 81
include bingo, as authorized in Section 6 of Article XV, Ohio 82
Constitution and conducted as of January 1, 2009; horse racing 83
where the pari-mutuel system of wagering is conducted, as 84
authorized under the laws of this state as of January 1, 2009; 85
or sports gaming. 86
(F) "Casino gaming employee" means any employee of a 87
casino operator or , management company, or permit holder, but 88
not a key employee, and as further defined in section 3772.131 89
of the Revised Code. 90
(G) "Casino operator" means any person, trust, 91
corporation, partnership, limited partnership, association, 92
limited liability company, or other business enterprise that 93
directly or indirectly holds an ownership or leasehold interest 94
in a casino facility. "Casino operator" does not include an 95
agency of the state, any political subdivision of the state, any 96
person, trust, corporation, partnership, limited partnership, 97
association, limited liability company, or other business 98
enterprise that may have an interest in a casino facility, but 99
who is legally or contractually restricted from conducting 100
casino gaming. 101
(H) "Central system" means a computer system that provides 102
the following functions related to casino gaming equipment used 103
in connection with casino gaming authorized under this chapter: 104
security, auditing, data and information retrieval, and other 105
purposes deemed necessary and authorized by the commission. 106
(I) "Cheat" means to alter the result of a casino game, 107
S. B. No. 312 Page 5
As Introduced
the element of chance, the operation of a machine used in a 108
casino game, or the method of selection of criteria that 109
determines (a) the result of the casino game, (b) the amount or 110
frequency of payment in a casino game, (c) the value of a 111
wagering instrument, or (d) the value of a wagering credit. 112
"Cheat" does not include an individual who, without the 113
assistance of another individual or without the use of a 114
physical aid or device of any kind, uses the individual's own 115
ability to keep track of the value of cards played and uses 116
predictions formed as a result of the tracking information in 117
the individual's playing and betting strategy. 118
(J) "Commission" means the Ohio casino control commission. 119
(K) "Gaming agent" means a peace officer employed by the 120
commission that is vested with duties to enforce this chapter 121
and conduct other investigations into the conduct of the casino 122
gaming and the maintenance of the equipment that the commission 123
considers necessary and proper and is in compliance with section 124
109.77 of the Revised Code. 125
(L) "Gaming-related vendor" means any individual, 126
partnership, corporation, association, trust, or any other group 127
of individuals, however organized, who supplies gaming-related 128
equipment, goods, or services to a casino operator or , 129
management company, or permit holder, that are directly related 130
to or affect casino gaming authorized under this chapter, 131
including, but not limited to, the manufacture, sale, 132
distribution, or repair of slot machines and table game 133
equipment. 134
(M) "Holding company" means any corporation, firm, 135
partnership, limited partnership, limited liability company, 136
trust, or other form of business organization not a natural 137
S. B. No. 312 Page 6
As Introduced
person which directly or indirectly does any of the following 138
with respect to a person that is a casino operator, management 139
company, gaming-related vendor, or permit holder, or an 140
applicant for such a license or permit: 141
(1) Has the power or right to control a casino operator, 142
management company, or gaming-related vendor license applicant 143
or licensee the person; 144
(2) Holds an ownership interest of five per cent or more, 145
as determined by the commission, in a casino operator, 146
management company, or gaming-related vendor license applicant 147
or licensee the person; 148
(3) Holds voting rights with the power to vote five per 149
cent or more of the outstanding voting rights of a casino 150
operator, management company, or gaming-related vendor applicant 151
or licensee the person. 152
(N) "Initial investment" includes costs related to 153
demolition, engineering, architecture, design, site preparation, 154
construction, infrastructure improvements, land acquisition, 155
fixtures and equipment, insurance related to construction, and 156
leasehold improvements. 157
(O) "Internet casino gaming" means casino gaming that is 158
conducted over the internet in a manner that allows a patron to 159
place a wager through a web site or mobile application, without 160
being physically present at a casino facility. 161
(P) "Internet casino gaming operation" means a permit 162
holder's internet casino gaming business, including the 163
premises, facilities, and equipment the permit holder uses to 164
conduct internet casino gaming and any key employees and casino 165
gaming employees who are directly engaged in the conduct of 166
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internet casino gaming. 167
(Q) "Internet casino gaming permit" means a permit issued 168
to a licensed casino operator under section 3772.40 of the 169
Revised Code to operate internet casino gaming. 170
(R) "Internet casino gaming associate permit" means a 171
permit issued under section 3772.41 of the Revised Code that 172
allows a person to operate internet casino gaming on behalf of a 173
licensed casino operator. 174
(S) "Institutional investor" means any of the following 175
entities owning five per cent or more, but less than twenty-five 176
per cent, of an ownership interest in a casino facility, casino 177
operator, management company, permit holder, or holding company: 178
a corporation, bank, insurance company, pension fund or pension 179
fund trust, retirement fund, including funds administered by a 180
public agency, employees' profit-sharing fund or employees' 181
profit-sharing trust, any association engaged, as a substantial 182
part of its business or operations, in purchasing or holding 183
securities, including a hedge fund, mutual fund, or private 184
equity fund, or any trust in respect of which a bank is trustee 185
or cotrustee, investment company registered under the 186
"Investment Company Act of 1940," 15 U.S.C. 80a-1 et seq., 187
collective investment trust organized by banks under Part Nine 188
of the Rules of the Comptroller of the Currency, closed-end 189
investment trust, chartered or licensed life insurance company 190
or property and casualty insurance company, investment advisor 191
registered under the "Investment Advisors Act of 1940," 15 192
U.S.C. 80 b-1 et seq., and such other persons as the commission 193
may reasonably determine to qualify as an institutional investor 194
for reasons consistent with this chapter, and that does not 195
exercise control over the affairs of a licensee the person and 196
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its ownership interest in a licensee the person is for 197
investment purposes only, as set forth in division (F) of 198
section 3772.10 of the Revised Code. 199
(P) (T) "Key employee" means any executive, employee, 200
agent, or other individual who has the power to exercise 201
significant influence over decisions concerning any part of the 202
operation of a person that has applied for or holds a casino 203
operator, management company, or gaming-related vendor license, 204
over decisions concerning an internet casino gaming operation, 205
or over decisions concerning the operation of a holding company 206
of a person that has applied for or holds a casino operator, 207
management company, or gaming-related vendor license any of 208
those persons, including: 209
(1) An officer, director, trustee, partner, or an 210
equivalent fiduciary; 211
(2) An individual who holds a direct or indirect ownership 212
interest of five per cent or more; 213
(3) An individual who performs the function of a principal 214
executive officer, principal operating officer, principal 215
accounting officer, or an equivalent officer; 216
(4) Any other individual the commission determines to have 217
the power to exercise significant influence over decisions 218
concerning any part of the operation. 219
(Q) (U) "Licensed casino operator" means a casino operator 220
that has been issued a license by the commission and that has 221
been certified annually by the commissi