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| To amend sections 109.572 and 3770.99 and to enact | 1 |
| sections 3770.30 to 3770.40 of the Revised Code to | 2 |
| create the State Lottery Commission Office of | 3 |
| Sweepstakes Compliance to license and oversee the | 4 |
| operation of sweepstakes gaming devices. | 5 |
| Section 1. That sections 109.572 and 3770.99 be amended and | 6 |
| sections 3770.30, 3770.31, 3770.32, 3770.33, 3770.34, 3770.35, | 7 |
| 3770.36, 3770.37, 3770.38, 3770.39, and 3770.40 of the Revised | 8 |
| Code be enacted to read as follows: | 9 |
| Sec. 109.572. (A)(1) Upon receipt of a request pursuant to | 10 |
| section 121.08, 3301.32, 3301.541, or 3319.39 of the Revised Code, | 11 |
| a completed form prescribed pursuant to division (C)(1) of this | 12 |
| section, and a set of fingerprint impressions obtained in the | 13 |
| manner described in division (C)(2) of this section, the | 14 |
| superintendent of the bureau of criminal identification and | 15 |
| investigation shall conduct a criminal records check in the manner | 16 |
| described in division (B) of this section to determine whether any | 17 |
| information exists that indicates that the person who is the | 18 |
| subject of the request previously has been convicted of or pleaded | 19 |
| guilty to any of the following: | 20 |
| (a) A violation of section 2903.01, 2903.02, 2903.03, | 21 |
| 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 22 |
| 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, | 23 |
| 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, | 24 |
| 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, | 25 |
| 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, | 26 |
| 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, | 27 |
| 2925.06, or 3716.11 of the Revised Code, felonious sexual | 28 |
| penetration in violation of former section 2907.12 of the Revised | 29 |
| Code, a violation of section 2905.04 of the Revised Code as it | 30 |
| existed prior to July 1, 1996, a violation of section 2919.23 of | 31 |
| the Revised Code that would have been a violation of section | 32 |
| 2905.04 of the Revised Code as it existed prior to July 1, 1996, | 33 |
| had the violation been committed prior to that date, or a | 34 |
| violation of section 2925.11 of the Revised Code that is not a | 35 |
| minor drug possession offense; | 36 |
| (b) A violation of an existing or former law of this state, | 37 |
| any other state, or the United States that is substantially | 38 |
| equivalent to any of the offenses listed in division (A)(1)(a) of | 39 |
| this section; | 40 |
| (c) If the request is made pursuant to section 3319.39 of the | 41 |
| Revised Code for an applicant who is a teacher, any offense | 42 |
| specified in section 3319.31 of the Revised Code. | 43 |
| (2) On receipt of a request pursuant to section 3712.09 or | 44 |
| 3721.121 of the Revised Code, a completed form prescribed pursuant | 45 |
| to division (C)(1) of this section, and a set of fingerprint | 46 |
| impressions obtained in the manner described in division (C)(2) of | 47 |
| this section, the superintendent of the bureau of criminal | 48 |
| identification and investigation shall conduct a criminal records | 49 |
| check with respect to any person who has applied for employment in | 50 |
| a position for which a criminal records check is required by those | 51 |
| sections. The superintendent shall conduct the criminal records | 52 |
| check in the manner described in division (B) of this section to | 53 |
| determine whether any information exists that indicates that the | 54 |
| person who is the subject of the request previously has been | 55 |
| convicted of or pleaded guilty to any of the following: | 56 |
| (a) A violation of section 2903.01, 2903.02, 2903.03, | 57 |
| 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 58 |
| 2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, | 59 |
| 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, | 60 |
| 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, | 61 |
| 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, | 62 |
| 2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, | 63 |
| 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, | 64 |
| 2925.22, 2925.23, or 3716.11 of the Revised Code; | 65 |
| (b) An existing or former law of this state, any other state, | 66 |
| or the United States that is substantially equivalent to any of | 67 |
| the offenses listed in division (A)(2)(a) of this section. | 68 |
| (3) On receipt of a request pursuant to section 173.27, | 69 |
| 173.394, 3701.881, 5111.032, 5111.033, 5111.034, 5123.081, or | 70 |
| 5123.169 of the Revised Code, a completed form prescribed pursuant | 71 |
| to division (C)(1) of this section, and a set of fingerprint | 72 |
| impressions obtained in the manner described in division (C)(2) of | 73 |
| this section, the superintendent of the bureau of criminal | 74 |
| identification and investigation shall conduct a criminal records | 75 |
| check of the person for whom the request is made. The | 76 |
| superintendent shall conduct the criminal records check in the | 77 |
| manner described in division (B) of this section to determine | 78 |
| whether any information exists that indicates that the person who | 79 |
| is the subject of the request previously has been convicted of, | 80 |
| has pleaded guilty to, or has been found eligible for intervention | 81 |
| in lieu of conviction for any of the following, regardless of the | 82 |
| date of the conviction, the date of entry of the guilty plea, or | 83 |
| the date the person was found eligible for intervention in lieu of | 84 |
| conviction: | 85 |
| (a) A violation of section 959.13, 959.131, 2903.01, 2903.02, | 86 |
| 2903.03, 2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, | 87 |
| 2903.16, 2903.21, 2903.211, 2903.22, 2903.34, 2903.341, 2905.01, | 88 |
| 2905.02, 2905.05, 2905.11, 2905.12, 2905.32, 2905.33, 2907.02, | 89 |
| 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, | 90 |
| 2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32, | 91 |
| 2907.321, 2907.322, 2907.323, 2907.33, 2909.02, 2909.03, 2909.04, | 92 |
| 2909.22, 2909.23, 2909.24, 2911.01, 2911.02, 2911.11, 2911.12, | 93 |
| 2911.13, 2913.02, 2913.03, 2913.04, 2913.05, 2913.11, 2913.21, | 94 |
| 2913.31, 2913.32, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44, | 95 |
| 2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2913.51, | 96 |
| 2917.01, 2917.02, 2917.03, 2917.31, 2919.12, 2919.121, 2919.123, | 97 |
| 2919.22, 2919.23, 2919.24, 2919.25, 2921.03, 2921.11, 2921.12, | 98 |
| 2921.13, 2921.21, 2921.24, 2921.32, 2921.321, 2921.34, 2921.35, | 99 |
| 2921.36, 2921.51, 2923.12, 2923.122, 2923.123, 2923.13, 2923.161, | 100 |
| 2923.162, 2923.21, 2923.32, 2923.42, 2925.02, 2925.03, 2925.04, | 101 |
| 2925.041, 2925.05, 2925.06, 2925.09, 2925.11, 2925.13, 2925.14, | 102 |
| 2925.141, 2925.22, 2925.23, 2925.24, 2925.36, 2925.55, 2925.56, | 103 |
| 2927.12, or 3716.11 of the Revised Code; | 104 |
| (b) Felonious sexual penetration in violation of former | 105 |
| section 2907.12 of the Revised Code; | 106 |
| (c) A violation of section 2905.04 of the Revised Code as it | 107 |
| existed prior to July 1, 1996; | 108 |
| (d) A violation of section 2923.01, 2923.02, or 2923.03 of | 109 |
| the Revised Code when the underlying offense that is the object of | 110 |
| the conspiracy, attempt, or complicity is one of the offenses | 111 |
| listed in divisions (A)(3)(a) to (c) of this section; | 112 |
| (e) A violation of an existing or former municipal ordinance | 113 |
| or law of this state, any other state, or the United States that | 114 |
| is substantially equivalent to any of the offenses listed in | 115 |
| divisions (A)(3)(a) to (d) of this section. | 116 |
| (4) On receipt of a request pursuant to section 2151.86 of | 117 |
| the Revised Code, a completed form prescribed pursuant to division | 118 |
| (C)(1) of this section, and a set of fingerprint impressions | 119 |
| obtained in the manner described in division (C)(2) of this | 120 |
| section, the superintendent of the bureau of criminal | 121 |
| identification and investigation shall conduct a criminal records | 122 |
| check in the manner described in division (B) of this section to | 123 |
| determine whether any information exists that indicates that the | 124 |
| person who is the subject of the request previously has been | 125 |
| convicted of or pleaded guilty to any of the following: | 126 |
| (a) A violation of section 959.13, 2903.01, 2903.02, 2903.03, | 127 |
| 2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21, | 128 |
| 2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02, | 129 |
| 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, | 130 |
| 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, | 131 |
| 2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24, | 132 |
| 2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02, | 133 |
| 2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, | 134 |
| 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2927.12, or 3716.11 | 135 |
| of the Revised Code, a violation of section 2905.04 of the Revised | 136 |
| Code as it existed prior to July 1, 1996, a violation of section | 137 |
| 2919.23 of the Revised Code that would have been a violation of | 138 |
| section 2905.04 of the Revised Code as it existed prior to July 1, | 139 |
| 1996, had the violation been committed prior to that date, a | 140 |
| violation of section 2925.11 of the Revised Code that is not a | 141 |
| minor drug possession offense, two or more OVI or OVUAC violations | 142 |
| committed within the three years immediately preceding the | 143 |
| submission of the application or petition that is the basis of the | 144 |
| request, or felonious sexual penetration in violation of former | 145 |
| section 2907.12 of the Revised Code; | 146 |
| (b) A violation of an existing or former law of this state, | 147 |
| any other state, or the United States that is substantially | 148 |
| equivalent to any of the offenses listed in division (A)(4)(a) of | 149 |
| this section. | 150 |
| (5) Upon receipt of a request pursuant to section 5104.012 or | 151 |
| 5104.013 of the Revised Code, a completed form prescribed pursuant | 152 |
| to division (C)(1) of this section, and a set of fingerprint | 153 |
| impressions obtained in the manner described in division (C)(2) of | 154 |
| this section, the superintendent of the bureau of criminal | 155 |
| identification and investigation shall conduct a criminal records | 156 |
| check in the manner described in division (B) of this section to | 157 |
| determine whether any information exists that indicates that the | 158 |
| person who is the subject of the request has been convicted of or | 159 |
| pleaded guilty to any of the following: | 160 |
| (a) A violation of section 2903.01, 2903.02, 2903.03, | 161 |
| 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22, | 162 |
| 2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, | 163 |
| 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, | 164 |
| 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, | 165 |
| 2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04, | 166 |
| 2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32, | 167 |
| 2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44, | 168 |
| 2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2919.12, | 169 |
| 2919.22, 2919.24, 2919.25, 2921.11, 2921.13, 2923.01, 2923.12, | 170 |
| 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or | 171 |
| 3716.11 of the Revised Code, felonious sexual penetration in | 172 |
| violation of former section 2907.12 of the Revised Code, a | 173 |
| violation of section 2905.04 of the Revised Code as it existed | 174 |
| prior to July 1, 1996, a violation of section 2919.23 of the | 175 |
| Revised Code that would have been a violation of section 2905.04 | 176 |
| of the Revised Code as it existed prior to July 1, 1996, had the | 177 |
| violation been committed prior to that date, a violation of | 178 |
| section 2925.11 of the Revised Code that is not a minor drug | 179 |
| possession offense, a violation of section 2923.02 or 2923.03 of | 180 |
| the Revised Code that relates to a crime specified in this | 181 |
| division, or a second violation of section 4511.19 of the Revised | 182 |
| Code within five years of the date of application for licensure or | 183 |
| certification. | 184 |
| (b) A violation of an existing or former law of this state, | 185 |
| any other state, or the United States that is substantially | 186 |
| equivalent to any of the offenses or violations described in | 187 |
| division (A)(5)(a) of this section. | 188 |
| (6) Upon receipt of a request pursuant to section 5153.111 of | 189 |
| the Revised Code, a completed form prescribed pursuant to division | 190 |
| (C)(1) of this section, and a set of fingerprint impressions | 191 |
| obtained in the manner described in division (C)(2) of this | 192 |
| section, the superintendent of the bureau of criminal | 193 |
| identification and investigation shall conduct a criminal records | 194 |
| check in the manner described in division (B) of this section to | 195 |
| determine whether any information exists that indicates that the | 196 |
| person who is the subject of the request previously has been | 197 |
| convicted of or pleaded guilty to any of the following: | 198 |
| (a) A violation of section 2903.01, 2903.02, 2903.03, | 199 |
| 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 200 |
| 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, | 201 |
| 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, | 202 |
| 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, | 203 |
| 2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, | 204 |
| 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, | 205 |
| 2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, | 206 |
| felonious sexual penetration in violation of former section | 207 |
| 2907.12 of the Revised Code, a violation of section 2905.04 of the | 208 |
| Revised Code as it existed prior to July 1, 1996, a violation of | 209 |
| section 2919.23 of the Revised Code that would have been a | 210 |
| violation of section 2905.04 of the Revised Code as it existed | 211 |
| prior to July 1, 1996, had the violation been committed prior to | 212 |
| that date, or a violation of section 2925.11 of the Revised Code | 213 |
| that is not a minor drug possession offense; | 214 |
| (b) A violation of an existing or former law of this state, | 215 |
| any other state, or the United States that is substantially | 216 |
| equivalent to any of the offenses listed in division (A)(6)(a) of | 217 |
| this section. | 218 |
| (7) On receipt of a request for a criminal records check from | 219 |
| an individual pursuant to section 4749.03 or 4749.06 of the | 220 |
| Revised Code, accompanied by a completed copy of the form | 221 |
| prescribed in division (C)(1) of this section and a set of | 222 |
| fingerprint impressions obtained in a manner described in division | 223 |
| (C)(2) of this section, the superintendent of the bureau of | 224 |
| criminal identification and investigation shall conduct a criminal | 225 |
| records check in the manner described in division (B) of this | 226 |
| section to determine whether any information exists indicating | 227 |
| that the person who is the subject of the request has been | 228 |
| convicted of or pleaded guilty to a felony in this state or in any | 229 |
| other state. If the individual indicates that a firearm will be | 230 |
| carried in the course of business, the superintendent shall | 231 |
| require information from the federal bureau of investigation as | 232 |
| described in division (B)(2) of this section. Subject to division | 233 |
| (F) of this section, the superintendent shall report the findings | 234 |
| of the criminal records check and any information the federal | 235 |
| bureau of investigation provides to the director of public safety. | 236 |
| (8) On receipt of a request pursuant to section 1321.37, | 237 |
| 1321.53, 1321.531, 1322.03, 1322.031, or 4763.05 of the Revised | 238 |
| Code, a completed form prescribed pursuant to division (C)(1) of | 239 |
| this section, and a set of fingerprint impressions obtained in the | 240 |
| manner described in division (C)(2) of this section, the | 241 |
| superintendent of the bureau of criminal identification and | 242 |
| investigation shall conduct a criminal records check with respect | 243 |
| to any person who has applied for a license, permit, or | 244 |
| certification from the department of commerce or a division in the | 245 |
| department. The superintendent shall conduct the criminal records | 246 |
| check in the manner described in division (B) of this section to | 247 |
| determine whether any information exists that indicates that the | 248 |
| person who is the subject of the request previously has been | 249 |
| convicted of or pleaded guilty to any of the following: a | 250 |
| violation of section 2913.02, 2913.11, 2913.31, 2913.51, or | 251 |
| 2925.03 of the Revised Code; any other criminal offense involving | 252 |
| theft, receiving stolen property, embezzlement, forgery, fraud, | 253 |
| passing bad checks, money laundering, or drug trafficking, or any | 254 |
| criminal offense involving money or securities, as set forth in | 255 |
| Chapters 2909., 2911., 2913., 2915., 2921., 2923., and 2925. of | 256 |
| the Revised Code; or any existing or former law of this state, any | 257 |
| other state, or the United States that is substantially equivalent | 258 |
| to those offenses. | 259 |
| (9) On receipt of a request for a criminal records check from | 260 |
| the treasurer of state under section 113.041 of the Revised Code | 261 |
| or from an individual under section 4701.08, 4715.101, 4717.061, | 262 |
| 4725.121, 4725.501, 4729.071, 4730.101, 4730.14, 4730.28, | 263 |
| 4731.081, 4731.15, 4731.171, 4731.222, 4731.281, 4731.296, | 264 |
| 4731.531, 4732.091, 4734.202, 4740.061, 4741.10, 4755.70, | 265 |
| 4757.101, 4759.061, 4760.032, 4760.06, 4761.051, 4762.031, | 266 |
| 4762.06, 4776.021, or 4779.091 of the Revised Code, accompanied by | 267 |
| a completed form prescribed under division (C)(1) of this section | 268 |
| and a set of fingerprint impressions obtained in the manner | 269 |
| described in division (C)(2) of this section, the superintendent | 270 |
| of the bureau of criminal identification and investigation shall | 271 |
| conduct a criminal records check in the manner described in | 272 |
| division (B) of this section to determine whether any information | 273 |
| exists that indicates that the person who is the subject of the | 274 |
| request has been convicted of or pleaded guilty to any criminal | 275 |
| offense in this state or any other state. Subject to division (F) | 276 |
| of this section, the superintendent shall send the results of a | 277 |
| check requested under section 113.041 of the Revised Code to the | 278 |
| treasurer of state and shall send the results of a check requested | 279 |
| under any of the other listed sections to the licensing board | 280 |
| specified by the individual in the request. | 281 |
| (10) On receipt of a request pursuant to section 1121.23, | 282 |
| 1155.03, 1163.05, 1315.141, 1733.47, or 1761.26 of the Revised | 283 |
| Code, a completed form prescribed pursuant to division (C)(1) of | 284 |
| this section, and a set of fingerprint impressions obtained in the | 285 |
| manner described in division (C)(2) of this section, the | 286 |
| superintendent of the bureau of criminal identification and | 287 |
| investigation shall conduct a criminal records check in the manner | 288 |
| described in division (B) of this section to determine whether any | 289 |
| information exists that indicates that the person who is the | 290 |
| subject of the request previously has been convicted of or pleaded | 291 |
| guilty to any criminal offense under any existing or former law of | 292 |
| this state, any other state, or the United States. | 293 |
| (11) On receipt of a request for a criminal records check | 294 |
| from an appointing or licensing authority under section 3772.07 of | 295 |
| the Revised Code or the office of sweepstakes compliance under | 296 |
| section 3770.36 of the Revised Code, a completed form prescribed | 297 |
| under division (C)(1) of this section, and a set of fingerprint | 298 |
| impressions obtained in the manner prescribed in division (C)(2) | 299 |
| of this section, the superintendent of the bureau of criminal | 300 |
| identification and investigation shall conduct a criminal records | 301 |
| check in the manner described in division (B) of this section to | 302 |
| determine whether any information exists that indicates that the | 303 |
| person who is the subject of the request previously has been | 304 |
| convicted of or pleaded guilty or no contest to any offense under | 305 |
| any existing or former law of this state, any other state, or the | 306 |
| United States that is a disqualifying offense as defined in | 307 |
| section 3770.36 or 3772.07 of the Revised Code or substantially | 308 |
| equivalent to such an offense. | 309 |
| (12) On receipt of a request pursuant to section 2151.33 or | 310 |
| 2151.412 of the Revised Code, a completed form prescribed pursuant | 311 |
| to division (C)(1) of this section, and a set of fingerprint | 312 |
| impressions obtained in the manner described in division (C)(2) of | 313 |
| this section, the superintendent of the bureau of criminal | 314 |
| identification and investigation shall conduct a criminal records | 315 |
| check with respect to any person for whom a criminal records check | 316 |
| is required by that section. The superintendent shall conduct the | 317 |
| criminal records check in the manner described in division (B) of | 318 |
| this section to determine whether any information exists that | 319 |
| indicates that the person who is the subject of the request | 320 |
| previously has been convicted of or pleaded guilty to any of the | 321 |
| following: | 322 |
| (a) A violation of section 2903.01, 2903.02, 2903.03, | 323 |
| 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 324 |
| 2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, | 325 |
| 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, | 326 |
| 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, | 327 |
| 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, | 328 |
| 2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, | 329 |
| 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, | 330 |
| 2925.22, 2925.23, or 3716.11 of the Revised Code; | 331 |
| (b) An existing or former law of this state, any other state, | 332 |
| or the United States that is substantially equivalent to any of | 333 |
| the offenses listed in division (A)(12)(a) of this section. | 334 |
| (B) Subject to division (F) of this section, the | 335 |
| superintendent shall conduct any criminal records check to be | 336 |
| conducted under this section as follows: | 337 |
| (1) The superintendent shall review or cause to be reviewed | 338 |
| any relevant information gathered and compiled by the bureau under | 339 |
| division (A) of section 109.57 of the Revised Code that relates to | 340 |
| the person who is the subject of the criminal records check, | 341 |
| including, if the criminal records check was requested under | 342 |
| section 113.041, 121.08, 173.27, 173.394, 1121.23, 1155.03, | 343 |
| 1163.05, 1315.141, 1321.37, 1321.53, 1321.531, 1322.03, 1322.031, | 344 |
| 1733.47, 1761.26, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, | 345 |
| 3712.09, 3721.121, 3770.36, 3772.07, 4749.03, 4749.06, 4763.05, | 346 |
| 5104.012, 5104.013, 5111.032, 5111.033, 5111.034, 5123.081, | 347 |
| 5123.169, or 5153.111 of the Revised Code, any relevant | 348 |
| information contained in records that have been sealed under | 349 |
| section 2953.32 of the Revised Code; | 350 |
| (2) If the request received by the superintendent asks for | 351 |
| information from the federal bureau of investigation, the | 352 |
| superintendent shall request from the federal bureau of | 353 |
| investigation any information it has with respect to the person | 354 |
| who is the subject of the criminal records check, including | 355 |
| fingerprint-based checks of national crime information databases | 356 |
| as described in 42 U.S.C. 671 if the request is made pursuant to | 357 |
| section 2151.86, 5104.012, or 5104.013 of the Revised Code or if | 358 |
| any other Revised Code section requires fingerprint-based checks | 359 |
| of that nature, and shall review or cause to be reviewed any | 360 |
| information the superintendent receives from that bureau. If a | 361 |
| request under section 3319.39 of the Revised Code asks only for | 362 |
| information from the federal bureau of investigation, the | 363 |
| superintendent shall not conduct the review prescribed by division | 364 |
| (B)(1) of this section. | 365 |
| (3) The superintendent or the superintendent's designee may | 366 |
| request criminal history records from other states or the federal | 367 |
| government pursuant to the national crime prevention and privacy | 368 |
| compact set forth in section 109.571 of the Revised Code. | 369 |
| (4) The superintendent shall include in the results of the | 370 |
| criminal records check a list or description of the offenses | 371 |
| listed or described in division (A)(1), (2), (3), (4), (5), (6), | 372 |
| (7), (8), (9), (10), (11), or (12) of this section, whichever | 373 |
| division requires the superintendent to conduct the criminal | 374 |
| records check. The superintendent shall exclude from the results | 375 |
| any information the dissemination of which is prohibited by | 376 |
| federal law. | 377 |
| (5) The superintendent shall send the results of the criminal | 378 |
| records check to the person to whom it is to be sent not later | 379 |
| than the following number of days after the date the | 380 |
| superintendent receives the request for the criminal records | 381 |
| check, the completed form prescribed under division (C)(1) of this | 382 |
| section, and the set of fingerprint impressions obtained in the | 383 |
| manner described in division (C)(2) of this section: | 384 |
| (a) If the superintendent is required by division (A) of this | 385 |
| section (other than division (A)(3) of this section) to conduct | 386 |
| the criminal records check, thirty; | 387 |
| (b) If the superintendent is required by division (A)(3) of | 388 |
| this section to conduct the criminal records check, sixty. | 389 |
| (C)(1) The superintendent shall prescribe a form to obtain | 390 |
| the information necessary to conduct a criminal records check from | 391 |
| any person for whom a criminal records check is to be conducted | 392 |
| under this section. The form that the superintendent prescribes | 393 |
| pursuant to this division may be in a tangible format, in an | 394 |
| electronic format, or in both tangible and electronic formats. | 395 |
| (2) The superintendent shall prescribe standard impression | 396 |
| sheets to obtain the fingerprint impressions of any person for | 397 |
| whom a criminal records check is to be conducted under this | 398 |
| section. Any person for whom a records check is to be conducted | 399 |
| under this section shall obtain the fingerprint impressions at a | 400 |
| county sheriff's office, municipal police department, or any other | 401 |
| entity with the ability to make fingerprint impressions on the | 402 |
| standard impression sheets prescribed by the superintendent. The | 403 |
| office, department, or entity may charge the person a reasonable | 404 |
| fee for making the impressions. The standard impression sheets the | 405 |
| superintendent prescribes pursuant to this division may be in a | 406 |
| tangible format, in an electronic format, or in both tangible and | 407 |
| electronic formats. | 408 |
| (3) Subject to division (D) of this section, the | 409 |
| superintendent shall prescribe and charge a reasonable fee for | 410 |
| providing a criminal records check under this section. The person | 411 |
| requesting the criminal records check shall pay the fee prescribed | 412 |
| pursuant to this division. In the case of a request under section | 413 |
| 1121.23, 1155.03, 1163.05, 1315.141, 1733.47, 1761.26, 2151.33, | 414 |
| 2151.412, 3770.36, or 5111.032 of the Revised Code, the fee shall | 415 |
| be paid in the manner specified in that section. | 416 |
| (4) The superintendent of the bureau of criminal | 417 |
| identification and investigation may prescribe methods of | 418 |
| forwarding fingerprint impressions and information necessary to | 419 |
| conduct a criminal records check, which methods shall include, but | 420 |
| not be limited to, an electronic method. | 421 |
| (D) The results of a criminal records check conducted under | 422 |
| this section, other than a criminal records check specified in | 423 |
| division (A)(7) of this section, are valid for the person who is | 424 |
| the subject of the criminal records check for a period of one year | 425 |
| from the date upon which the superintendent completes the criminal | 426 |
| records check. If during that period the superintendent receives | 427 |
| another request for a criminal records check to be conducted under | 428 |
| this section for that person, the superintendent shall provide the | 429 |
| results from the previous criminal records check of the person at | 430 |
| a lower fee than the fee prescribed for the initial criminal | 431 |
| records check. | 432 |
| (E) When the superintendent receives a request for | 433 |
| information from a registered private provider, the superintendent | 434 |
| shall proceed as if the request was received from a school | 435 |
| district board of education under section 3319.39 of the Revised | 436 |
| Code. The superintendent shall apply division (A)(1)(c) of this | 437 |
| section to any such request for an applicant who is a teacher. | 438 |
| (F)(1) All information regarding the results of a criminal | 439 |
| records check conducted under this section that the superintendent | 440 |
| reports or sends under division (A)(7) or (9) of this section to | 441 |
| the director of public safety, the treasurer of state, or the | 442 |
| person, board, or entity that made the request for the criminal | 443 |
| records check shall relate to the conviction of the subject | 444 |
| person, or the subject person's plea of guilty to, a criminal | 445 |
| offense. | 446 |
| (2) Division (F)(1) of this section does not limit, restrict, | 447 |
| or preclude the superintendent's release of information that | 448 |
| relates to an adjudication of a child as a delinquent child, or | 449 |
| that relates to a criminal conviction of a person under eighteen | 450 |
| years of age if the person's case was transferred back to a | 451 |
| juvenile court under division (B)(2) or (3) of section 2152.121 of | 452 |
| the Revised Code and the juvenile court imposed a disposition or | 453 |
| serious youthful offender disposition upon the person under either | 454 |
| division, if either of the following applies with respect to the | 455 |
| adjudication or conviction: | 456 |
| (a) The adjudication or conviction was for a violation of | 457 |
| section 2903.01 or 2903.02 of the Revised Code. | 458 |
| (b) The adjudication or conviction was for a sexually | 459 |
| oriented offense, as defined in section 2950.01 of the Revised | 460 |
| Code, the juvenile court was required to classify the child a | 461 |
| juvenile offender registrant for that offense under section | 462 |
| 2152.82, 2152.83, or 2152.86 of the Revised Code, and that | 463 |
| classification has not been removed. | 464 |
| (G) As used in this section: | 465 |
| (1) "Criminal records check" means any criminal records check | 466 |
| conducted by the superintendent of the bureau of criminal | 467 |
| identification and investigation in accordance with division (B) | 468 |
| of this section. | 469 |
| (2) "Minor drug possession offense" has the same meaning as | 470 |
| in section 2925.01 of the Revised Code. | 471 |
| (3) "OVI or OVUAC violation" means a violation of section | 472 |
| 4511.19 of the Revised Code or a violation of an existing or | 473 |
| former law of this state, any other state, or the United States | 474 |
| that is substantially equivalent to section 4511.19 of the Revised | 475 |
| Code. | 476 |
| (4) "Registered private provider" means a nonpublic school or | 477 |
| entity registered with the superintendent of public instruction | 478 |
| under section 3310.41 of the Revised Code to participate in the | 479 |
| autism scholarship program or section 3310.58 of the Revised Code | 480 |
| to participate in the Jon Peterson special needs scholarship | 481 |
| program. | 482 |
| Sec. 3770.30. As used in sections 3770.30 to 3770.40 of the | 483 |
| Revised Code: | 484 |
| (A) "Central system" means a computer system that provides | 485 |
| the following functions related to sweepstakes gaming devices: | 486 |
| security, auditing, data and information retrieval, and other | 487 |
| purposes deemed necessary and authorized by the office of | 488 |
| sweepstakes compliance. | 489 |
| (B) "Conduct" means to back, promote, organize, manage, carry | 490 |
| on, sponsor, or prepare for the operation of a sweepstakes. | 491 |
| (C) "Consumer product" means any tangible goods offered to | 492 |
| the public, at fair market value, of which no portion can be used | 493 |
| or consumed to reveal an entry in a sweepstakes. "Consumer | 494 |
| product" does not mean offering a service to access the internet. | 495 |
| (D) "Entry" means the act or process by which a person | 496 |
| becomes eligible to receive any prize offered in a sweepstakes. | 497 |
| (E) "Sweepstakes" means a contest, game of chance, or gift | 498 |
| enterprise, conducted within or throughout the state and other | 499 |
| states that reveals an entry with the use of a sweepstakes gaming | 500 |
| device, in which the elements of chance and prize are present. | 501 |
| "Sweepstakes" does not include bingo conducted by a charitable | 502 |
| organization as provided under Chapter 2915. of the Revised Code. | 503 |
| (F) "Sweepstakes compliance laboratory" means a laboratory | 504 |
| that has been certified by the office of sweepstakes compliance to | 505 |
| analyze and certify sweepstakes software used to conduct a | 506 |
| sweepstakes under the rules adopted by the state lottery | 507 |
| commission under section 3770.32 of the Revised Code. | 508 |
| (G) "Sweepstakes gaming device" means any video, electronic, | 509 |
| or mechanical device owned, possessed, or provided by a | 510 |
| sweepstakes gaming device operator to be used by any person to | 511 |
| reveal an entry in a sweepstakes. | 512 |
| (H) "Sweepstakes gaming device operator" means a person | 513 |
| licensed by the office of sweepstakes compliance to operate or | 514 |
| conduct a sweepstakes in this state. | 515 |
| (I) "Sweepstakes gaming device vendor" means a person | 516 |
| licensed by the office of sweepstakes compliance to supply or | 517 |
| maintain sweepstakes software to a sweepstakes gaming device | 518 |
| operator. | 519 |
| (J) "Sweepstakes software" means a computer program used by a | 520 |
| sweepstakes gaming device operator to reveal an entry in a | 521 |
| sweepstakes. | 522 |
| Sec. 3770.31. There is hereby created the state lottery | 523 |
| commission office of sweepstakes compliance, which shall consist | 524 |
| of directors, deputies, agents, and employees as are appointed by | 525 |
| the director of the state lottery commission to administer the | 526 |
| various functions of the office, including the review of | 527 |
| applications and issuance of sweepstakes-related licenses. | 528 |
| The commission shall adopt rules under Chapter 119. of the | 529 |
| Revised Code to regulate the operation of sweepstakes gaming | 530 |
| devices in order to maintain the integrity of sweepstakes in this | 531 |
| state and to issue licenses related to sweepstakes. The rules | 532 |
| shall not conflict with federal law regarding sweepstakes. The | 533 |
| rules may include authorizing a central system to be operated by | 534 |
| the office for sweepstakes gaming device operators, of which such | 535 |
| operators shall be responsible for the costs of the system as it | 536 |
| relates to sweepstakes gaming devices. Any violation of sections | 537 |
| 3770.30 to 3770.40 of the Revised Code or any rules adopted under | 538 |
| those sections is grounds to reject a sweepstakes-related license | 539 |
| application or to revoke or suspend a sweepstakes-related license. | 540 |
| Sec. 3770.32. (A) The state lottery commission shall adopt | 541 |
| rules under Chapter 119. of the Revised Code establishing | 542 |
| procedures to certify a person as a sweepstakes compliance | 543 |
| laboratory through the office of sweepstakes compliance and to | 544 |
| establish criteria needed to certify sweepstakes software. The | 545 |
| rules shall include provisions giving sweepstakes compliance | 546 |
| laboratories located in this state priority over those located in | 547 |
| other states. | 548 |
| (B) Before sweepstakes software is used in this state by a | 549 |
| sweepstakes gaming device operator, a sweepstakes gaming device | 550 |
| operator shall provide the office with a report from a sweepstakes | 551 |
| compliance laboratory certifying that the sweepstakes software | 552 |
| meets all of the applicable criteria adopted in the commission's | 553 |
| rules. | 554 |
| Sec. 3770.33. (A) Before conducting a sweepstakes, a person | 555 |
| shall obtain a sweepstakes gaming device operator license from the | 556 |
| office of sweepstakes compliance. The application for a | 557 |
| sweepstakes gaming device operator license shall be on a form | 558 |
| prescribed by the office and shall contain at least the following | 559 |
| information: | 560 |
| (1) The name of the sweepstakes; | 561 |
| (2) The full legal name of the applicant and required contact | 562 |
| information, including address, telephone number, federal tax | 563 |
| identification number, and contact person; | 564 |
| (3) The address of the location where the sweepstakes will | 565 |
| take place; | 566 |
| (4) The beginning and ending dates of the sweepstakes; | 567 |
| (5) The number of entries contained in the sweepstakes; | 568 |
| (6) A listing of all available prizes for the sweepstakes | 569 |
| winners; | 570 |
| (7) The sweepstakes compliance laboratory report certifying | 571 |
| the sweepstakes software; and | 572 |
| (8) Surety bond information as required under division (D) of | 573 |
| this section. | 574 |
| A license shall display at least the number of sweepstakes | 575 |
| gaming devices at a sweepstakes location, the number of available | 576 |
| entries in the sweepstakes, that the outcome of an entry is | 577 |
| predetermined, and that playing the games to reveal an entry in a | 578 |
| sweepstakes is not gambling. | 579 |
| (B) Each person receiving a sweepstakes gaming device | 580 |
| operator license shall pay to the office both of the following | 581 |
| fees: | 582 |
| (1) A fee each calendar year, pro rata, of five thousand | 583 |
| dollars if the sweepstakes gaming device operator will have | 584 |
| between one and ten sweepstakes gaming devices; of ten thousand | 585 |
| dollars if the sweepstakes gaming device operator will have | 586 |
| between eleven and twenty-four sweepstakes gaming devices; of | 587 |
| twenty thousand dollars if the sweepstakes gaming device operator | 588 |
| will have between twenty-five and forty-nine sweepstakes gaming | 589 |
| devices, and of thirty thousand dollars if the sweepstakes gaming | 590 |
| device operator will have fifty or more sweepstakes gaming | 591 |
| devices; | 592 |
| (2) A fee of two hundred fifty dollars each calendar year, | 593 |
| pro rata, for each sweepstakes gaming device to be operated by the | 594 |
| sweepstakes gaming device operator. | 595 |
| Fees collected under division (B)(2) of this section shall be | 596 |
| allocated to the municipal corporation or unincorporated area of | 597 |
| the township in which the licensee's sweepstakes gaming devices | 598 |
| are located, as applicable. The state lottery commission may adopt | 599 |
| rules describing and identifying when during each calendar year a | 600 |
| person may submit an application and related fees related to a | 601 |
| sweepstakes gaming device operator license. The commission may | 602 |
| establish a schedule that allows persons to submit applications | 603 |
| and fees on a rolling basis. | 604 |
| (C) Within sixty days after the winners have been determined, | 605 |
| a sweepstakes gaming device operator shall provide the office with | 606 |
| a certified list of the names and addresses of all persons who | 607 |
| have won prizes with a value of more than twenty-five dollars, the | 608 |
| value of the prizes, and the dates on which the prizes were won. | 609 |
| (D) A sweepstakes gaming device operator shall obtain a | 610 |
| surety bond in an amount equal to the total value of all prizes | 611 |
| offered in the sweepstakes. The sweepstakes gaming device operator | 612 |
| shall file the bond with the office at least seven days before the | 613 |
| start of the sweepstakes. | 614 |
| (E) A sweepstakes conducted by a sweepstakes gaming device | 615 |
| operator shall have a finite pool of not more than ten million | 616 |
| entries. | 617 |
| (F) A sweepstakes gaming device operator shall not require | 618 |
| consideration to be given to participate in the sweepstakes. Any | 619 |
| entry for which no consideration is given shall be drawn from the | 620 |
| same pool as is used for any entry for which consideration is | 621 |
| given. | 622 |
| (G) A sweepstakes gaming device operator shall only conduct a | 623 |
| sweepstakes in connection with the sale of a consumer product. | 624 |
| Sec. 3770.34. (A) Before supplying sweepstakes software to | 625 |
| or maintaining sweepstakes software for a sweepstakes gaming | 626 |
| device operator, a person shall obtain a sweepstakes gaming device | 627 |
| vendor license from the office of sweepstakes compliance. The | 628 |
| application for a sweepstakes gaming device vendor license shall | 629 |
| be on a form prescribed by the office and shall contain at least | 630 |
| the following information: | 631 |
| (1) The full legal name of the applicant and required contact | 632 |
| information, including address, telephone number, federal tax | 633 |
| identification number, and contact person; and | 634 |
| (2) A sweepstakes compliance laboratory report certifying the | 635 |
| sweepstakes software. | 636 |
| (B) Each person receiving a sweepstakes gaming device vendor | 637 |
| license shall pay to the office a fee of one hundred thousand | 638 |
| dollars, pro rata, each calendar year. Such a person also shall | 639 |
| pay any actual costs for certifying the sweepstakes software. The | 640 |
| state lottery commission may adopt rules describing and | 641 |
| identifying when during each calendar year a person may submit an | 642 |
| application and related fees related to a sweepstakes gaming | 643 |
| device vendor license. The commission may establish a schedule | 644 |
| that allows persons to submit applications and fees on a rolling | 645 |
| basis. | 646 |
| Sec. 3770.35. (A) No person, personally or through the | 647 |
| person's agent, shall conduct a sweepstakes with the use of a | 648 |
| sweepstakes gaming device in this state or supply or maintain | 649 |
| sweepstakes software in this state without first obtaining a | 650 |
| license from the office of sweepstakes compliance as provided | 651 |
| under sections 3770.30 to 3770.40 of the Revised Code. | 652 |
| (B) No person shall do any of the following: | 653 |
| (1) Design, promote, or conduct a sweepstakes in which the | 654 |
| sweepstakes software may be manipulated or rigged so as to do | 655 |
| either of the following: | 656 |
| (a) Allocate a winning sweepstakes or part thereof to a | 657 |
| specific winner or to certain lessees, agents, or franchises; or | 658 |
| (b) Allocate a winning sweepstakes or part thereof to a | 659 |
| particular period of the sweepstakes or to a particular geographic | 660 |
| area. | 661 |
| (2) Arbitrarily remove, disqualify, disallow, or reject any | 662 |
| entry. | 663 |
| (3) Fail to award prizes offered or award or advertise prizes | 664 |
| other than those available for the sweepstakes as provided in the | 665 |
| application under section 3770.33 of the Revised Code. | 666 |
| (4) Print, publish, or circulate literature or an | 667 |
| advertisement for a sweepstakes that is false, deceptive, or | 668 |
| misleading. | 669 |
| (5) Require the participant in a sweepstakes to pay an entry | 670 |
| fee, make any payment, or provide proof of purchase as a condition | 671 |
| of entering. | 672 |
| (C) The office of sweepstakes compliance or any law | 673 |
| enforcement agency may investigate and inspect sweepstakes | 674 |
| operations in this state and sweepstakes gaming device vendors, | 675 |
| including requesting records and information from any person, | 676 |
| requiring the attendance of any person for an examination under | 677 |
| oath, and taking any other necessary and reasonable action to | 678 |
| determine if a violation of any provision of sections 3770.30 to | 679 |
| 3770.40 of the Revised Code or any rule adopted under those | 680 |
| sections has occurred. If any law enforcement agency has | 681 |
| reasonable grounds to believe that a person has violated any of | 682 |
| those provisions, the law enforcement agency has a cause of action | 683 |
| to, and may proceed in the proper court to enforce such | 684 |
| provisions. No person shall obstruct, impede, or otherwise refuse | 685 |
| to comply with a lawful request made under this section. | 686 |
| Sec. 3770.36. The office of sweepstakes compliance shall | 687 |
| request from the bureau of criminal identification and | 688 |
| investigation under section 109.572 of the Revised Code, or | 689 |
| coordinate with appropriate federal, state, and local government | 690 |
| agencies to accomplish, criminal records checks for any person | 691 |
| applying for a sweepstakes gaming device operator license or | 692 |
| sweepstakes gaming device vendor license. At or before the time of | 693 |
| making a request for a criminal records check, the office shall | 694 |
| require the applicant to submit to the office valid fingerprint | 695 |
| impressions in a format and by any media or means acceptable to | 696 |
| the bureau of criminal identification and investigation and, when | 697 |
| applicable, the federal bureau of investigation. The office may | 698 |
| cause the bureau of criminal identification and investigation to | 699 |
| conduct a criminal records check through the federal bureau of | 700 |
| investigation only if the person for whom the criminal records | 701 |
| check would be conducted resides or works outside of this state or | 702 |
| has resided or worked outside of this state during the preceding | 703 |
| five years, or if a criminal records check conducted by the bureau | 704 |
| of criminal identification and investigation within this state | 705 |
| indicates that the person may have a criminal record outside of | 706 |
| this state. | 707 |
| In the case of a criminal records check under section 109.572 | 708 |
| of the Revised Code, the office shall forward to the bureau of | 709 |
| criminal identification and investigation the requisite form, | 710 |
| fingerprint impressions, and fee described in division (C) of that | 711 |
| section. When requested by the office in accordance with this | 712 |
| section, the bureau of criminal identification and investigation | 713 |
| shall request from the federal bureau of investigation any | 714 |
| information it has with respect to the person who is the subject | 715 |
| of the requested criminal records check and shall forward the | 716 |
| requisite fingerprint impressions and information to the federal | 717 |
| bureau of investigation for that criminal records check. After | 718 |
| conducting a criminal records check or receiving the results of a | 719 |
| criminal records check from the federal bureau of investigation, | 720 |
| the bureau of criminal identification and investigation shall | 721 |
| provide the results to the office. | 722 |
| The office may require any person about whom a criminal | 723 |
| records check is requested to pay to the office the amount | 724 |
| necessary to cover the fee charged to the office by the bureau of | 725 |
| criminal identification and investigation under division (C)(3) of | 726 |
| section 109.572 of the Revised Code, including, when applicable, | 727 |
| any fee for a criminal records check conducted by the federal | 728 |
| bureau of investigation. | 729 |
| Before issuing a license, the office shall review the results | 730 |
| of the criminal records check. The office shall not issue a | 731 |
| license to a person a criminal records check discloses has been | 732 |
| convicted of or has pleaded guilty or no contest to a | 733 |
| disqualifying offense. A "disqualifying offense" means any | 734 |
| gambling offense, any theft offense, any offense having an element | 735 |
| of fraud or misrepresentation, any offense having an element of | 736 |
| moral turpitude, or any felony not otherwise included in the | 737 |
| foregoing list. | 738 |
| Sec. 3770.37. (A) A sweepstakes gaming device operator shall | 739 |
| adhere to all local zoning or land use laws, subdivision | 740 |
| ordinances, resolutions, or regulations, or similar provisions | 741 |
| that apply to the location at which the operator conducts | 742 |
| sweepstakes. | 743 |
| (B) The sweepstakes gaming device operator shall display the | 744 |
| operator's license and the sweepstakes software certification in a | 745 |
| public and conspicuous place at the location at which the operator | 746 |
| conducts sweepstakes. | 747 |
| (C) Before a consumer may reveal an entry with the use of a | 748 |
| sweepstakes gaming device, a sweepstakes gaming device operator | 749 |
| shall cause to be displayed on the sweepstakes gaming device in at | 750 |
| least a font size of fourteen the following, which shall be | 751 |
| affirmatively acknowledged by the consumer: "You Have Entered a | 752 |
| Sweepstakes Game that is Predetermined. You Cannot Change the | 753 |
| Outcome by Playing the Games. This is Not Gambling. SWEEPSTAKES | 754 |
| ENTRIES CAN BE OPENED IN ANY OF THE ENTERTAINING GAMES. THERE IS | 755 |
| NO RELATIONSHIP BETWEEN THE ENTERTAINMENT GAME AND THE AMOUNT OF A | 756 |
| PRIZE, IF ANY. THE VALUES OF THE PRIZES RELATED TO THE GAME ARE | 757 |
| FOR ENTERTAINMENT ONLY AND DO NOT REPRESENT PRIZES AVAILABLE TO BE | 758 |
| AWARDED IN THE SWEEPSTAKES." | 759 |
| (D) A sweepstakes gaming device operator shall not do any of | 760 |
| the following: | 761 |
| (1) Except for a location operated by a charitable, veterans, | 762 |
| fraternal, or sporting organization as defined in section 2915.01 | 763 |
| of the Revised Code, permit beer or intoxicating liquor to be | 764 |
| served or consumed in any location in which a sweepstakes | 765 |
| conducted with the use of a sweepstakes gaming device takes place. | 766 |
| Except as provided in this division, a sweepstakes gaming device | 767 |
| operator shall not be issued a permit under Chapter 4303. of the | 768 |
| Revised Code for any location at which the operator conducts | 769 |
| sweepstakes. | 770 |
| (2) Permit any individual under eighteen years of age to | 771 |
| enter or be employed at a facility operated by the sweepstakes | 772 |
| gaming device operator at which sweepstakes are conducted. | 773 |
| (3) Offer or pay out any one prize with a value of more than | 774 |
| five thousand dollars. | 775 |
| (4) Offer or pay out any prize in any form other than cash. | 776 |
| (5) Permit any individual to play any entries on a | 777 |
| sweepstakes gaming device from prize winnings without first | 778 |
| cashing out those winnings. | 779 |
| (6) Cause the sweepstakes results to be located other than on | 780 |
| a server that shall be at the location at which the operator | 781 |
| conducts sweepstakes. | 782 |
| (7) Cause the result of an entry to be drawn from the finite | 783 |
| pool of entries other than at the time of purchase. | 784 |
| (8) Draw entries at one location from more than one finite | 785 |
| pool of entries. | 786 |
| (9) Allow the play level on a sweepstakes gaming device to | 787 |
| affect the prize level available for the entry. | 788 |
| Sec. 3770.38. Any regulation of sweepstakes gaming devices | 789 |
| shall be governed by this chapter and not by Chapter 2915. of the | 790 |
| Revised Code. | 791 |
| Sec. 3770.39. There is hereby created the sweepstakes gaming | 792 |
| compliance fund in the state treasury. All fees and fines received | 793 |
| under sections 3770.30 to 3770.40 of the Revised Code shall be | 794 |
| deposited into the fund and used for the purposes specified in | 795 |
| those sections. All moneys remaining in the fund shall be used by | 796 |
| the office of sweepstakes compliance for administering those | 797 |
| sections. All investment earnings of the fund shall be credited to | 798 |
| the fund. | 799 |
| Sec. 3770.40. The legislative authority of a municipal | 800 |
| corporation may adopt an ordinance for the municipal corporation | 801 |
| and a board of township trustees may adopt a resolution for the | 802 |
| unincorporated area of a township prohibiting the operation of | 803 |
| sweepstakes gaming devices or limiting the number of facilities | 804 |
| operated by a sweepstakes gaming device operator at which | 805 |
| sweepstakes are conducted in the respective municipal corporation | 806 |
| or township. | 807 |
| Sec. 3770.99. (A) Whoever is prohibited from claiming a | 808 |
| lottery prize award under division (E) of section 3770.07 of the | 809 |
| Revised Code and attempts to claim or is paid a lottery prize | 810 |
| award is guilty of a minor misdemeanor, and shall provide | 811 |
| restitution to the state lottery commission of any moneys | 812 |
| erroneously paid as a lottery prize award to that person. | 813 |
| (B) Whoever violates division (C) of section 3770.071 or | 814 |
| section 3770.08 of the Revised Code is guilty of a misdemeanor of | 815 |
| the third degree. | 816 |
| (C) Whoever violates sections 3770.30 to 3770.40 of the | 817 |
| Revised Code or rules adopted under those sections is guilty of a | 818 |
| felony of the fourth degree for each offense. | 819 |
| Section 2. That existing sections 109.572 and 3770.99 of the | 820 |
| Revised Code are hereby repealed. | 821 |
| Section 3. Beginning three months after the effective date of | 822 |
| sections 3770.30 to 3770.40 of the Revised Code, a person | 823 |
| conducting a sweepstakes or supplying or maintaining sweepstakes | 824 |
| software shall have been licensed under the applicable provisions | 825 |
| of those sections. After that date, any person who conducts a | 826 |
| sweepstakes or supplies or maintains sweepstakes software without | 827 |
| a license issued by the Office of Sweepstakes Compliance is | 828 |
| considered to be in violation of section 3770.35 of the Revised | 829 |
| Code. | 830 |
| Section 4. Section 109.572 of the Revised Code is presented | 831 |
| in this act as a composite of the section as amended by both Am. | 832 |
| Sub. H.B. 487 and Am. Sub. S.B. 337 of the 129th General Assembly. | 833 |
| The General Assembly, applying the principle stated in division | 834 |
| (B) of section 1.52 of the Revised Code that amendments are to be | 835 |
| harmonized if reasonably capable of simultaneous operation, finds | 836 |
| that the composite is the resulting version of the section in | 837 |
| effect prior to the effective date of the section as presented in | 838 |
| this act. | 839 |