Read the full stored bill text
As Introduced
136th
General Assembly
Regular
Session
H. B. No. 538
2025-2026
Representatives Callender, Mathews,
A.
Cosponsor: Representative
Piccolantonio
To
amend sections 3773.33, 3773.34, 3773.35, 3773.36, 3773.37, 3773.38,
3773.39, 3773.40, 3773.41, 3773.42, 3773.421, 3773.43, 3773.45,
3773.51, 3773.52, 3773.53, 3773.54, 3773.55, 3773.56, 3773.57,
3773.59, 4771.02, 4771.05, 4771.07, 4771.08, 4771.09, 4771.10,
4771.11, 4771.12, 4771.13, 4771.14, 4771.16, 4771.18, 4771.21,
4771.22, and 4771.23 of the Revised Code
to
place the Ohio Athletics Commission within the Department of
Commerce, to modify the Commission's functions, and to make an
appropriation.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
sections 3773.33, 3773.34, 3773.35, 3773.36, 3773.37, 3773.38,
3773.39, 3773.40, 3773.41, 3773.42, 3773.421, 3773.43, 3773.45,
3773.51, 3773.52, 3773.53, 3773.54, 3773.55, 3773.56, 3773.57,
3773.59, 4771.02, 4771.05, 4771.07, 4771.08, 4771.09, 4771.10,
4771.11, 4771.12, 4771.13, 4771.14, 4771.16, 4771.18, 4771.21,
4771.22, and 4771.23 of the Revised Code be amended to read as
follows:
Sec.
3773.33.
(A)
There is hereby created the Ohio athletic commission
,
which is a part of the department of commerce for administrative
purposes. The director of commerce shall appoint an employee of the
department as the administrator of athletics to act as executive
officer of the commission. The administrator shall serve at the
pleasure of the director
.
The
commission shall consist of five voting members appointed by the
governor with the advice and consent of the senate, not more than
three of whom shall be of the same political party, and two nonvoting
members, one of whom shall be a member of the senate appointed by and
to serve at the pleasure of the president of the senate and one of
whom shall be a member of the house of representatives appointed by
and to serve at the pleasure of the speaker of the house of
representatives. To be eligible for appointment as a voting member, a
person shall be a qualified elector and a resident of the state for
not less than five years immediately preceding the person's
appointment. Two voting members shall be knowledgeable in boxing and
mixed martial arts. One commission member shall hold the degree of
doctor of medicine or doctor of osteopathy.
(B)
No person shall be appointed to the commission or be an employee of
the commission who is licensed, registered, or regulated by the
commission. No member shall have any legal or beneficial interest,
direct or indirect, pecuniary or otherwise, in any person who is
licensed, registered, or regulated by the commission or who
participates in prize fights or public boxing or wrestling matches or
exhibitions. No member shall participate in any fight, match, or
exhibition other than in the member's official capacity as a member
of the commission
,
or as an inspector as authorized in section 3773.52 of the Revised
Code
.
(C)
The governor shall appoint the voting members to the commission. Of
the initial appointments, two shall be for terms ending one year
after September 3, 1996, two shall be for terms ending two years
after September 3, 1996, and one shall be for a term ending three
years after September 3, 1996. Thereafter, terms of office shall be
for three years, each term ending the same day of the same month of
the year as did the term which it succeeds. Each member shall hold
office from the date of the member's appointment until the end of the
term for which the member was appointed. Any member appointed to fill
a vacancy occurring prior to the expiration of the term for which the
member's predecessor was appointed shall hold office for the
remainder of the term. Any member shall continue in office subsequent
to the expiration date of the member's term until the member's
successor takes office.
The
governor shall name one voting member as chairperson of the
commission at the time of making the appointment of any member for a
full term. Three voting members shall constitute a quorum, and the
affirmative vote of the majority of voting members shall be necessary
for any action taken by the commission. No vacancy on the commission
impairs the authority of the remaining members to exercise all powers
of the commission.
Voting
members, when engaged in commission duties, shall receive a per diem
compensation determined in accordance with division (J) of section
124.15 of the Revised Code, and all members shall receive their
actual and necessary expenses incurred in the performance of their
official duties.
Each
voting member, before entering upon the discharge of the member's
duties, shall file a surety bond payable to the treasurer of state in
the sum of ten thousand dollars. Each surety bond shall be
conditioned upon the faithful performance of the duties of the
office, executed by a surety company authorized to transact business
in this state, and filed in the office of the secretary of state.
The
governor may remove any voting member for malfeasance, misfeasance,
or nonfeasance in office after giving the member a copy of the
charges against the member and affording the member an opportunity
for a public hearing, at which the member may be represented by
counsel, upon not less than ten days' notice. If the member is
removed, the governor shall file a complete statement of all charges
made against the member and the governor's finding on the charges in
the office of the secretary of state, together with a complete report
of the proceedings. The governor's decision shall be final.
Sec.
3773.34.
(A)
The Ohio athletic commission shall adopt and may amend or rescind
rules in accordance with Chapter 119. of the Revised Code,
prescribing the conditions under which prize fights and public boxing
or wrestling matches or exhibitions may be conducted, classifying
professional boxers by weight, and providing for the administration
of sections 3773.31 to 3773.57 of the Revised Code. The rules may
require that an applicant for a contestant's license to participate
in a public boxing match or exhibition take an HIV test, as defined
in section 3701.24 of the Revised Code, before being issued the
contestant's license and may require that a licensed contestant take
such an HIV test before participating in a public boxing match or
exhibition. The commission, or the
commission's
executive director
administrator
of athletics
when
authorized by the commission, may issue, deny, suspend, or revoke
permits to hold prize fights and public boxing or wrestling matches
or exhibitions. The commission
,
or the administrator when authorized by the commission,
may issue, deny, suspend, or revoke licenses to persons engaged in
any public boxing match or exhibition as authorized by sections
3773.31 to 3773.57 of the Revised Code.
(B)
In addition to the duties set forth in this chapter, the Ohio
athletic commission
and
the administrator
shall
take action as necessary to carry out the provisions of Chapter 4771.
of the Revised Code governing athlete agents.
(C)
On or before the thirty-first day of December of each year, the
commission shall make a report to the governor of its proceedings for
the year ending on the first day of December of that calendar year,
and may include in the report any recommendations pertaining to its
duties.
Sec.
3773.35.
Any
person who wishes to conduct a public or private competition that
involves boxing, wrestling, mixed martial arts, kick boxing, tough
man contests, tough guy contests, or any other form of boxing or
martial arts shall apply to the
Ohio
athletic commission
administrator
of athletics
for
a promoter's license. Each application shall be filed with the
commission
administrator
on
forms provided by the
commission
administrator
,
and shall be accompanied by an application fee as prescribed in
section 3773.43 of the Revised Code and, with the exception of
wrestling events, by a surety bond of not less than twenty thousand
dollars conditioned for compliance with sections 3773.31 to 3773.57
of the Revised Code and the rules of the
Ohio
athletic
commission.
The
commission shall prescribe the form of the application for the
promoter's license. The application shall include the name of the
applicant, the post office address of the applicant, and any other
information the commission requires.
Sec.
3773.36.
(A)
Upon the proper filing of an application to conduct any public or
private competition that involves boxing, mixed martial arts, kick
boxing, tough man contests, tough guy contests, or any other form of
boxing or martial arts, accompanied by the surety bond and the
application fee, or upon the proper filing of an application to
conduct any public or private competition that involves wrestling
accompanied by the application fee, the
Ohio
athletic commission
administrator
of athletics
shall
issue a promoter's license to the applicant if
it
the
administrator
finds
that the applicant is not in default on any payment, obligation, or
debt payable to the state under sections 3773.31 to 3773.57 of the
Revised Code, is financially responsible, and is knowledgeable in the
proper conduct of such matches or exhibitions.
(B)
Notwithstanding the requirements for a license under division (A) of
this section, the
commission
administrator
shall
issue a promoter's license in accordance with Chapter 4796. of the
Revised Code to an applicant if either of the following applies:
(1)
The applicant holds a license in another state.
(2)
The applicant has satisfactory work experience, a government
certification, or a private certification as described in that
chapter as a promoter in a state that does not issue that license.
(C)
Each license issued pursuant to this section shall bear the name of
the licensee, the post office address of the licensee, the date of
expiration, an identification number designated by the
commission
administrator
,
and the seal of the
commission
department
of commerce
.
(D)
A promoter's license shall expire twelve months after its date of
issuance and shall become invalid on that date unless renewed. A
promoter's license may be renewed upon application to the
commission
administrator
and
upon payment of the renewal fee prescribed in section 3773.43 of the
Revised Code. The
commission
administrator
shall
renew the license unless
it
the
administrator
denies
the application for renewal for one or more reasons stated in section
3123.47 or 3773.53 of the Revised Code.
Sec.
3773.37.
The
Ohio
athletic commission
administrator
of athletics
shall
cause a photograph with identification of any person signing the
application for a license under section 3773.35 or 3773.41 of the
Revised Code to be taken in duplicate and filed with the commission.
.
For purposes of this section, the
commission
administrator
may
allow a photograph with identification to be a photocopy of a valid
commercial driver's license issued under Chapter 4506. or a driver's
license issued under Chapter 4507. of the Revised Code.
Sec.
3773.38.
Each
person who holds a promoter's license issued under section 3773.36 of
the Revised Code who desires to conduct a public boxing or wrestling
match or exhibition where one or more contests are to be held shall
obtain a permit from the Ohio athletic commission or the
commission's
executive director
administrator
of athletics
when
the
executive
director
administrator
is
authorized by the commission to issue those types of permits.
Application for such a permit shall be made in writing and on forms
prescribed by the commission, shall be filed with the commission
or the administrator
,
and shall be accompanied by the permit fee prescribed in section
3773.43 of the Revised Code.
The
application for a permit issued under this section shall include the
date and starting time of the match or exhibition, the address of the
place where the match or exhibition is to be held, the names of the
contestants, the seating capacity of the building or hall where the
exhibition is to be held, the admission charge or any other charges,
the amount of compensation or the percentage of gate receipts to be
paid to each contestant, the name and address of the applicant, a
copy of the current official rules that govern the particular sport,
and the serial number of the applicant's promoter's license.
The
commission, or the
commission's
executive director
administrator
when
authorized by the commission, may require the applicant to deposit
with the commission
or the administrator
before a public boxing match or exhibition a cash bond, certified
check, bank draft, or surety bond in an amount equal to five per cent
of the estimated gross receipts from the match or exhibition.
Sec.
3773.39.
(A)
Upon receipt of an application for a permit to hold a public boxing
or wrestling match or exhibition under section 3773.38 of the Revised
Code, the Ohio athletic commission, or the
commission's
executive director
administrator
of athletics
when
authorized by the commission, shall determine if the applicant holds
a valid promoter's license issued pursuant to section 3773.36 of the
Revised Code. Upon receipt of an application for a permit to hold a
public boxing match or exhibition, the commission, or the
commission's executive director
administrator
when
authorized by the commission, also shall determine if the contestants
are evenly and fairly matched according to skill, experience, and
weight so as to produce a fair and sportsmanlike contest, and whether
the applicant is financially responsible and is able to pay to each
contestant the compensation or percentage of the gate receipts named
in the application. The commission, or the
commission's
executive director
administrator
when
authorized by the commission, may, if applicable, require the
applicant to deposit with it within forty-eight hours before the
match or exhibition the total compensation or estimated portion of
gate receipts to be paid all contestants named in the application
made under section 3773.38 of the Revised Code.
(B)
If the commission, or the
commission's
executive director
administrator
when
authorized by the commission, determines that the applicant has met
all the requirements specified in division (A) of this section, the
commission or
executive
director
the
administrator
shall
issue the applicant a permit to conduct the match or exhibition. If
the applicant fails to deposit any compensation or portion of gate
receipts required by the commission
,
or
executive
director
the
administrator
before
the first contest of the match or exhibition is held, the commission,
or the
commission's
executive director
administrator
when
authorized by the commission, may revoke the permit and order the
applicant not to conduct the match or exhibition described in the
permit.
(C)
Each permit issued pursuant to this section shall bear the name and
post office address of the applicant, the address of the place where
the public boxing or wrestling match or exhibition is to be held, the
date and starting time of the match or exhibition, and a serial
number designated by the commission
or the administrator when authorized by the commission
.
A
permit issued under this section shall allow the permit holder to
conduct only the match or exhibition named in the permit. A permit is
not transferable.
Sec.
3773.40.
No
person who holds a promoter's license to conduct a public boxing
match or exhibition under section 3773.36 of the Revised Code shall:
(A)
Hold any match or exhibition at any time or place other than that
stated on a permit issued under section 3773.38 of the Revised Code;
(B)
Allow any contestant to participate in the match or exhibition unless
the contestant is the licensed contestant named in the application
for such permit or a licensed contestant authorized to compete as a
substitute for such a contestant by the inspector assigned to the
facility where the match or exhibition is held for that match or
exhibition;
(C)
Charge a higher admission price for a match or exhibition than that
stated in the application;
(D)
Pay a greater compensation or percentage of the gate receipts to any
contestant than that stated in the application.
The
Ohio athletic commission, or the
commission's
executive director
administrator
of athletics
when
authorized by the commission, upon application by a holder of a
permit under section 3773.38 of the Revised Code, may allow the
permit holder to hold the match or exhibition for which the permit
was issued at an alternative site that is within the same municipal
corporation or township and that offers substantially similar seating
facilities, or allow the permit holder to substitute contestants or
seconds, provided that the substitute contestants are evenly matched
with their opponents in skill, experience, and weight.
Sec.
3773.41.
Any
person who desires to participate in a public boxing match, mixed
martial arts event, or any other unarmed combat sport regulated by
the Ohio athletic commission as a referee, judge, matchmaker,
timekeeper, or contestant, or as a manager, trainer, or second of a
contestant, shall apply for a license from the
Ohio
athletic commission
administrator
of athletics
.
The application shall be on forms provided by the
commission
administrator
.
Each application shall be accompanied by the application fee
prescribed in section 3773.43 of the Revised Code. The applicant
shall verify the application under oath.
The
commission shall prescribe the form of the application for a
participant's license. The application shall include the correct and
ring or assumed name, if any, of the applicant, the applicant's
address, the applicant's date and place of birth, the applicant's
occupation, and a copy of the applicant's win and loss record as a
contestant, if applicable.
Sec.
3773.42.
Upon
the proper filing of an application for a referee's, judge's,
matchmaker's, timekeeper's, manager's, trainer's, contestant's, or
second's license and payment of the applicable application fee, the
Ohio
athletic commission
administrator
of athletics
shall
issue the license to the applicant if
it
the
administrator
determines
that the applicant is not likely to engage in acts detrimental to the
fair and honest conduct of public boxing matches, mixed martial arts
events, or any other unarmed combat sports regulated by the
Ohio
athletic
commission
and is qualified to hold such a license by reason of the applicant's
knowledge and experience.
A
person shall not be determined to possess the knowledge and
experience necessary to qualify that person to hold a referee's
license unless all of the following conditions are met:
(A)
The person has completed such referee training requirements as the
commission prescribes by rule.
(B)
The person possesses such experience requirements as the commission
prescribes by rule.
The
commission
administrator
shall
issue a referee's license to each person who meets the requirements
of divisions (A) and (B) of this section.
If
upon the proper filing of an application for a contestant's license
the
commission
administrator
determines
that the applicant is not likely to engage in acts detrimental to the
conduct of public boxing matches, mixed martial arts events, or any
other unarmed combat sports regulated by the commission and possesses
sufficient knowledge and experience, the
commission
administrator
shall
issue the license to the applicant.
Each
license issued pursuant to this section shall bear the correct name,
or assumed name, if any, of the licensee, the address of the
licensee, the date of issue, and a number designated by the
commission
administrator
.
A
license issued pursuant to this section shall expire twelve months
after its date of issue unless renewed. Upon application for renewal
and payment of the renewal fee prescribed in section 3773.43 of the
Revised Code, the
commission
administrator
shall
renew the license unless
it
the
administrator
denies
the application for one or more reasons stated in section 3123.47 or
3773.53 of the Revised Code.
Sec.
3773.421.
The
Ohio
athletic commission
administrator
of athletics
shall
issue a referee's, judge's, matchmaker's, timekeeper's, manager's,
trainer's, contestant's, or second's license in accordance with
Chapter 4796. of the Revised Code to an applicant if either of the
following applies:
(A)
The applicant holds a license in another state.
(B)
The applicant has satisfactory work experience, a government
certification, or a private certification as described in that
chapter as a referee, judge, matchmaker, timekeeper, manager,
trainer, contestant, or second in a state that does not issue that
license.
Sec.
3773.43.
The
Ohio athletic commission
and
the administrator of athletics
shall
charge the following fees:
(A)
For an application for or renewal of a promoter's license for a
public or private competition that involves boxing, mixed martial
arts, kick boxing, tough man contests, tough guy contests, or any
other form of boxing or martial arts, one hundred dollars.
(B)
For an application for or renewal of a license to participate in a
public boxing match or exhibition as a contestant, or as a referee,
judge, matchmaker, manager, timekeeper, trainer, or second of a
contestant, twenty dollars.
(C)
For a permit to conduct a public boxing match or exhibition, fifty
dollars.
(D)
For an application for or renewal of a promoter's license for a
public or private competition that involves wrestling, two hundred
dollars.
(E)
For a permit to conduct a professional wrestling match or exhibition,
one hundred dollars.
The
commission, subject to the approval of the controlling board, may
establish fees in excess of the amounts provided in this section,
provided that such fees do not exceed the amounts permitted by this
section by more than fifty per cent.
The
fees prescribed by this section shall be paid to the treasurer of
state, who shall deposit the fees in the occupational licensing and
regulatory fund.
Sec.
3773.45.
(A)
The Ohio athletic commission shall adopt, and may amend or rescind,
rules that do both of the following:
(1)
Require the physical examination by appropriate medical personnel of
each contestant in any public competition that involves boxing, mixed
martial arts, kick boxing, karate, tough man contests, or any other
form of boxing or martial arts within a specified time period before
and after the competition to determine whether the contestant is
physically fit to compete in the competition under specified
standards, has sustained physical injuries in the competition, or
requires follow-up examination; and
(2)
Require the reporting of each examination to the
commission
administrator
of athletics
.
(B)
No holder of a promoter's license shall conduct a boxing match or
exhibition that exceeds twelve rounds. Each round shall be not more
than three minutes in length. A period of at least one minute, during
which no boxing or sparring takes place, shall occur between rounds.
No
holder of a promoter's license or a permit issued under section
3773.39 of the Revised Code shall allow a professional boxer to
participate in more than twelve rounds of boxing within a period of
seventy-two consecutive hours. For any match or exhibition or for a
class of contestants, the commission may limit the number of rounds
within the maximum of twelve rounds.
(C)
No person shall conduct a boxing match or exhibition unless a
licensed referee appointed by the
commission
administrator
and
paid by the person is present. The referee shall direct and control
the match or exhibition. Before each match or exhibition the referee
shall obtain from each contestant the name of the contestant's chief
second and shall hold the chief second responsible for the conduct of
any assistant seconds during the match or exhibition. The referee may
declare a prize, remuneration, or purse or any part thereof to which
a contestant is otherwise entitled withheld if, in the referee's
judgment, the contestant is not competing or did not compete
honestly. A contestant may appeal the referee's decision in a hearing
before the commission conducted in accordance with section 3773.52 of
the Revised Code.
(D)
No person shall hold or conduct a boxing match or exhibition unless
three licensed judges appointed by the
commission
administrator
and
paid by the person are present. Each judge shall render a decision at
the end of each match or exhibition. The judges shall determine the
outcome of the match or exhibition, and their decision shall be
final.
(E)
Each contestant in a boxing match or exhibition shall wear gloves
weighing not less than six ounces during the boxing match or
exhibition.
Sec.
3773.51.
The
Ohio athletic commission
director
of commerce
shall
appoint from among licensed referees, physicians, timekeepers, and
judges the officials for public boxing matches and exhibitions held
under sections 3773.31 to 3773.57 of the Revised Code. These
officials shall be employed by the
commission
director
as
provided in section 3773.56 of the Revised Code and shall be paid by
the person conducting the match or exhibition.
Sec.
3773.52.
The
Ohio
athletic commission
director
of commerce
shall
employ inspectors to attend each public boxing match or exhibition
held under a permit issued under section 3773.38 of the Revised Code.
Only one inspector shall be assigned to any one facility for any one
match or exhibition.
Any
member of the commission may act as an inspector, and when acting as
an inspector shall be paid as provided in this section.
The
inspector shall monitor the sale of tickets from the premises box
office on the day of the match or exhibition and, immediately
following the counting of the gross proceeds, obtain a box office
statement from the person conducting the match or exhibition and mail
it to the
commission
administrator
of athletics
.
The inspector shall have complete access to any books, records, and
papers pertaining to the match or exhibition.
The
inspector shall give bond in the sum of five thousand dollars with
sufficient sureties to be approved by and made payable to the
treasurer of state. The bond shall be filed with the secretary of
state. The compensation of such inspector for attending a match or
exhibition, and the inspector's actual and necessary travel expenses,
shall be charged to the holder of the permit at whose facility the
inspector serves. The inspector shall be paid a salary fixed in
accordance with Chapter 124. of the Revised Code.
The
inspector may order a prize, remuneration, purse, or any part thereof
withheld from a contestant if the inspector believes the contestant
did not compete to the best of the contestant's ability. The
inspector shall file any charges with the commission which shall hold
an adjudication under Chapter 119. of the Revised Code and issue a
final order within thirty days after the inspector files charges.
If
the commission finds that the contestant did not compete to the best
of the contestant's ability, it
,
or the administrator when authorized by the commission,
may revoke the contestant's license. When a license is so revoked,
any prize, remuneration, purse, or part thereof that the contestant
otherwise would have received shall be paid to the commission and
shall become the property of the state.
Sec.
3773.53.
The
On
receiving a complaint of a violation of sections 3773.31 to 3773.57
of the Revised Code or a rule adopted by the
Ohio
athletic commission
,
the commission shall conduct an investigation of the complaint. If
the commission finds reasonable cause to believe a violation
occurred, the commission shall conduct a hearing in accordance with
Chapter 119. of the Revised Code to determine if a violation
occurred. If the commission finds a violation occurred, the
commission
may revoke
,
or
suspend,
or
and
the administrator of athletics may
refuse
to renew
,
any license issued under sections 3773.31 to 3773.57 of the Revised
Code
in accordance with Chapter 119. of the Revised Code
if the licensee:
(A)
Has committed an act detrimental to any sport regulated by this
chapter or to the public interest, convenience, or necessity;
(B)
Is associating or consorting with any person who has been convicted
of a crime involving the sports regulated by the commission,
including a conviction under
sections
section
2913.02, 2915.05, or 2921.02 of the Revised Code;
(C)
Is or has been consorting with bookmakers or gamblers, or has engaged
in similar pursuits;
(D)
Is financially irresponsible;
(E)
Has been found guilty of any fraud or misrepresentation in connection
with any sport regulated by this chapter;
(F)
Has violated any law with respect to any sport regulated by this
chapter or any rule or order of the commission;
(G)
Has been convicted of or pleaded guilty to a violation of
sections
section
2913.02, 2915.05, or 2921.02 of the Revised Code;
(H)
Has engaged in any other activity that the commission determines is
detrimental to any sport regulated by this chapter
;
(I)
Has otherwise violated sections 3773.31 to 3773.57 of the Revised
Code or any rules adopted under those sections
.
The
commission,
in
accordance with Chapter 119. of the Revised Code and
in
addition to any other action it may take under this chapter, may
impose a fine in an amount to be determined by rule of the commission
adopted under Chapter 119. of the Revised Code against any person
licensed under sections 3773.31 to 3773.57 of the Revised Code for a
violation of any of these sections or a violation of any rule or
order of the commission. The amount of fines collected shall be
deposited into the general revenue fund.
Sec.
3773.54.
No
person who conducts a public boxing match or exhibition to which
sections 3773.31 to 3773.57 of the Revised Code apply shall fail to
mail to the
Ohio
athletic commission
administrator
of athletics
a
written report that shows the number of tickets sold for the match or
exhibition and the amount of gross proceeds within twenty-four hours
after the determination of the outcome of the match or exhibition.
The person shall pay to the
commission
administrator
a
tax of five per cent of the gross proceeds from the sale of tickets
to the match or exhibition. The
Ohio
athletic
commission
shall adopt rules concerning the time of payment of such taxes. Such
taxes shall be levied for the purpose of providing revenue with which
the state may regulate boxing, kick boxing, karate, tough man
contests or tough guy contests, wrestling, and any other form of
boxing or martial arts.
The
commission
administrator
,
before granting a promoter's license under section 3773.36 of the
Revised Code to any person other than a promoter of professional
wrestling, shall obtain from the applicant a bond in the sum of not
less than one thousand dollars, to be approved in form and
sufficiency of its sureties by the treasurer of state. The bond shall
be payable to the treasurer of state and shall be conditioned for the
payment of the tax imposed by this section. Upon the filing and
approval of the bond, the treasurer of state shall issue to the
applicant two copies of a certificate verifying the filing and
approval. The applicant shall file one copy in the office of the
commission
administrator
with
the license application. No license shall be issued until the
certificate is filed.
Sec.
3773.55.
If
any person fails to make a report relating to a public boxing match
or exhibition that is required under sections 3773.31 to 3773.57 of
the Revised Code, or files a report under section 3773.54 of the
Revised Code that the
Ohio
athletic commission
administrator
of athletics
finds
unsatisfactory, the
commission
administrator
may
examine or cause to be examined the books and records of such person.
The
commission
administrator
may
also subpoena and examine under oath any persons to determine the
amount of gross proceeds for a match or exhibition and the amount of
tax due.
If
a person who conducts a public boxing match or exhibition under
sections 3773.31 to 3773.57 of the Revised Code does not pay the tax
due on or before the date prescribed by the
commission
administrator
,
the person shall pay interest on the amount of tax due at a rate of
five per cent per month, up to a maximum of twenty-five per cent. The
commission
administrator
shall
send a notice of delinquency to such a taxpayer. A delinquent
taxpayer may be disqualified from receiving a new license. Any
delinquent taxpayer who does not pay the tax due and the interest on
it within twenty days after the notice of delinquency was mailed is
in default on such taxes and interest. Any expenses incurred by the
commission
administrator
in
making examinations of the books and records of a taxpayer who is in
default on such taxes and interest for a period of twenty days after
the default occurred shall be paid by the taxpayer. The attorney
general shall institute suit upon the bond filed pursuant to section
3773.35 of the Revised Code by a person who has defaulted on such
taxes, interest, and expenses in order to recover such taxes,
interest, and expenses.
Sec.
3773.56.
The
Ohio
athletic commission
director
of commerce
may
appoint
an executive director and
employ
such persons as are necessary to administer sections 3773.31 to
3773.57 and Chapter 4771. of the Revised Code and fix their
compensation. Such
executive
director and
employees
shall serve in the unclassified status and at the pleasure of the
commission
director
.
All
receipts received by the
Ohio
athletic
commission
or
the administrator of athletics
under
sections 3773.31 to 3773.57 of the Revised Code shall be deposited in
the occupational licensing and regulatory fund. All vouchers of the
commission shall be approved by the chairperson of the commission.
Sec.
3773.57.
The
Ohio athletic commission and the
commission's
executive director
administrator
of athletics
shall
not issue a license or permit to conduct public boxing or wrestling
matches or exhibitions in a municipal corporation or the
unincorporated portion of a township if the commission or the
commission's
executive director
administrator
determines
that the legislative authority of the municipal corporation or board
of township trustees has in effect an ordinance or resolution
prohibiting such matches or exhibitions.
Sec.
3773.59.
On
receipt of a notice pursuant to section 3123.43 of the Revised Code,
the Ohio athletic commission
and
the administrator of athletics
shall
comply with sections 3123.41 to 3123.50 of the Revised Code and any
applicable rules adopted under section 3123.63 of the Revised Code
with respect to a license issued pursuant to this chapter.
Sec.
4771.02.
(A)
No athlete agent shall enter into an agent contract with an athlete
unless the agent complies with all of the following agent contract
requirements:
(1)
The agent contract is in writing on a form approved by the Ohio
athletic commission and includes all agreements between the parties.
(2)
The agent contract includes in boldface, twelve-point type, on the
initial page of the agent contract, the following language:
"The
athlete agent entering this agreement is registered to serve as an
athlete agent
with
the Ohio athletic commission
under
Chapter 4771. of the Revised Code
.
Registration of an athlete agent under
Chapter
4771. of the Revised Code
that
chapter
does
not imply approval by the commission of the terms and conditions of
this contract or the competence of the athlete agent."
(3)
The agent contract includes the following language in boldface,
twelve-point type, near the space provided for an athlete to sign or
otherwise acknowledge agreement to the terms of the contract:
"Warning
to the student athlete: when you sign this contract, you may
immediately lose your eligibility to compete in any amateur or
intercollegiate athletics. Accordingly, you must give written notice
that you have entered into this contract to the athletic director or
person of similar position at the educational institution or
institution of higher education in which you are enrolled, or to
which you have formally acknowledged your plans to attend, prior to
the earlier of participating in or practicing for an officially
sanctioned athletic competition or intercollegiate athletic event, or
seventy-two hours after entering into this contract.
Do
not sign this contract until you have read it and filled in any blank
spaces. Under Ohio law, as a student athlete signing this contract,
you have the right to rescind this contract for a period of up to ten
days after the latest of the following occurrences:
(a)
The date the contract is signed;
(b)
The date the athletic director or person of similar position at the
educational institution or institution of higher education in which
you are enrolled, or have acknowledged plans to attend, receives
notice of this contract; or
(c)
The last date you participate in an officially sanctioned athletic
competition or intercollegiate athletic event if no notice of this
contract is provided to the athletic director or person of similar
position.
Despite
cancellation of this contract, the educational institution,
institution of higher education, or intercollegiate athletic
association or conference to which your institution of higher
education belongs may not restore your eligibility to participate in
amateur or intercollegiate athletics. If you sign this contract prior
to the last officially sanctioned athletic competition or
intercollegiate athletic event you participate in and fail to notify
your institution of this contract, your athletic team may be required
to forfeit all games in which you participated after signing. Such
action also may cause your athletic team to be declared ineligible
for post-season play."
(4)
The athlete agent agrees in the agent contract to provide written
notice of the agent contract to the athletic director or person of
similar position at the educational institution or institution of
higher education in which the athlete is enrolled prior to the
earlier of the time the athlete next participates in or practices for
an officially sanctioned athletic competition or intercollegiate
athletic event after entering that agent contract, or seventy-two
hours after entering that agent contract.
(5)
All terms and conditions contained in the agent contract comply with
state and federal law.
(B)
A provision in an agent contract that provides for the resolution of
any controversy in connection with the contract by arbitration is
void and unenforceable unless both of the following apply:
(1)
The provision is contained in an agent contract between an athlete
agent and an athlete for whom the athlete agent undertakes to secure
employment.
(2)
The provision is included in the agent contract pursuant to a rule,
regulation, or contract of a bona fide labor union or organization
that regulates the relations of its members with athlete agents.
(C)
An athlete and athlete agent who enter an agent contract each shall
provide written notice of that agent contract to the athletic
director or person of similar position at the educational institution
or institution of higher education in which the athlete is enrolled
prior to the earlier of the time the athlete next participates in or
practices for an officially sanctioned athletic competition or
intercollegiate athletic event after entering that agent contract, or
seventy-two hours after entering that agent contract.
Sec.
4771.05.
(A)
The
Ohio
athletic commission, established
administrator
of athletics, appointed
under
section 3773.33 of the Revised Code, shall do all of the following:
(A)
(1)
Review the application form of an applicant for registration as an
athlete agent;
(B)
(2)
Issue and renew biennial certificates of registration for an athlete
agent pursuant to this chapter;
(C)
(3)
Maintain records of every athlete agent registered in this state,
including the agent's business and residential address, and the date
and number of the agent's registration
;
.
(D)
(B)
The Ohio athletic commission, established under section 3773.33 of
the Revised Code, shall do all of the following:
(1)
Establish an application form to be completed by an individual
seeking registration as an athlete agent;
(E)
(2)
Establish a fee for the registration, and renewal of the
registration, of an individual as an athlete agent in an amount
necessary to generate sufficient funds to cover the cost of
administering and enforcing this chapter;
(F)
(3)
Adopt rules in accordance with Chapter 119. of the Revised Code to
carry out the purposes of this chapter.
Sec.
4771.07.
(A)
Each individual who desires to serve as an athlete agent within this
state shall first file an application for registration with the
Ohio
athletic commission
administrator
of athletics
.
The applicant shall apply using a form prescribed by the
Ohio
athletic
commission
and shall provide all the following information:
(1)
The name and residential address of the applicant;
(2)
The address of the primary location in which the applicant wishes to
conduct business as an athlete agent;
(3)
The type of business conducted or the occupation held by the
applicant during the five years immediately preceding application;
(4)
The location and evidence of a trust fund established in accordance
with division (B) of section 4771.12 of the Revised Code and rules
adopted by the commission;
(5)
The name and address of all persons who have a financial interest in
the business operation of the applicant, or who are compensated for
the solicitation or recruitment of athletes on behalf of the
applicant, except for salaried employees who receive no commission or
bonus pursuant to any agent or professional sports services contract;
(6)
Any other information deemed necessary by the commission.
(B)
The applicant shall submit with the application for registration an
affidavit or certificate of completion describing all formal training
or practical experience completed by the applicant in any of the
following areas:
(1)
Contracts;
(2)
Contract negotiations;
(3)
Complaint resolution;
(4)
Arbitration;
(5)
Dispute resolution.
An
attorney admitted to practice law in this state shall submit with the
application a certificate of good standing issued by the supreme
court of Ohio in lieu of an affidavit or certificate otherwise
required under this division.
(C)
An applicant shall submit with the application for registration an
application fee in an amount determined by the commission pursuant to
division
(F)
(B)(2)
of section 4771.05 of the Revised Code and proof of one of the
securities required under section
477.11
4771.11
of the Revised Code.
(D)
An athlete agent shall notify the
commission
administrator
of
any change in business location or address during the period of
application for registration or during the period of time the
registration of the athlete agent is valid.
Sec.
4771.08.
(A)
Upon receipt of all the materials required for application for
registration under section 4771.07 of the Revised Code, the
Ohio
athletic commission
administrator
of athletics
shall
evaluate the information provided and issue a certificate of
registration to the applicant, unless the
commission
administrator
finds
that the applicant or an employee or representative of the applicant
has committed any of the acts described in division (A) of section
4771.18 of the Revised Code.
Notwithstanding
the requirements for a certificate of registration under this
chapter, the
commission
administrator
shall
issue a certificate of registration in accordance with Chapter 4796.
of the Revised Code to an applicant if either of the following
applies:
(1)
The applicant is registered in another state.
(2)
The applicant has satisfactory work experience, a government
certification, or a private certification as described in that
chapter as an athlete agent in a state that does not issue that
certificate of registration.
(B)
The
commission
administrator
may
issue a temporary certificate of registration, effective for a period
of up to ninety days after the issuance of the temporary
registration, to a nonresident athlete agent who is registered as an
athlete agent in another state, or to a person who has not submitted
all the material required under section 4771.07 of the Revised Code,
but who the
commission
administrator
determines
to have submitted sufficient material to warrant the issuance of a
temporary certificate. Chapter 4796. of the Revised Code does not
apply to a temporary certificate of registration issued under this
division.
(C)
The registration of an athlete agent
with
the commission
is
valid for a period of two years after the date the certificate of
registration is issued. An athlete agent shall file an application
for the renewal of a registration with the
commission
administrator
at
least thirty days prior to the expiration of the registration of the
athlete agent. An application for renewal shall be accompanied by a
renewal fee in an amount determined by the
Ohio
athletic
commission
pursuant to division
(F)
(B)(2)
of section 4771.05 of the Revised Code.
(D)
Each certificate of registration issued by the
commission
administrator
to
an athlete agent shall contain all the following information:
(1)
The name of the athlete agent;
(2)
The address of the primary location in which the athlete agent is
authorized to conduct business as an athlete agent;
(3)
A registration number for the athlete agent and the date of issuance
of the registration.
(E)
No registration or certificate of registration is valid for any
individual other than the athlete agent to whom it is issued.
(F)
The commission
is
and
the administrator are
not
liable for the acts of an athlete agent who is registered
with
the commission
under
this section
.
Sec.
4771.09.
(A)
The
Ohio
athletic commission
administrator
of athletics
may
issue an eligible person a certificate of convenience to conduct
business as an athlete agent when a registered athlete agent is
deceased, or declared incompetent or physically infirm by the
judgment of a court of competent jurisdiction. The
commission
administrator
may
issue a certificate of convenience upon either receiving approval to
do so from a probate court or finding that the last will and
testament of the athlete agent specifically authorizes the executor
or administrator of estate to conduct the business of the athlete
agent.
(B)
The following persons are eligible to obtain a certificate of
convenience to conduct business on behalf of an athlete agent:
(1)
The executor or administrator of the estate of the deceased athlete
agent;
(2)
The guardian of the estate of an athlete agent who has been declared
incompetent or the conservator appointed to manage the estate of an
athlete agent who has been declared physically infirm.
(C)
A certificate of convenience is valid for ninety days after the date
it is issued. If the holder of a certificate of convenience applies
for registration as an athlete agent, the
commission
administrator
may
renew the certificate of convenience for a period of time the
commission
administrator
finds
appropriate pending the
commission's
administrator's
determination
whether to issue a certificate of registration as an athlete agent to
the holder of the certificate of convenience.
Sec.
4771.10.
The
Ohio
athletic
commission
may require each registered athlete agent to complete not more than
six hours of continuing education during a biennial registration in
programs to be determined or approved by the commission. If the
commission imposes continuing education requirements on athlete
agents, not less than two of the six hours of continuing education
shall be devoted to ethics.
A
continuing education program shall promote the ability of an athlete
agent to serve as an athlete agent in an ethical and legal manner. A
continuing education program may address laws and rules governing
athlete agents and rules and policies established by an athletic
conference or a collegiate athletic organization. An athlete agent
also may obtain credit for continuing education by participating in
or attending lectures, courses at institutions of higher education,
seminars, or rule-making or disciplinary proceedings approved by the
commission, or by teaching a subject that pertains to the profession
of an athlete agent.
If
the commission requires athlete agents to fulfill continuing
education requirements under this section, the commission shall adopt
rules to carry out the purposes of this section. The rules shall
contain procedures by which the commission
or
the administrator of athletics
shall
monitor an athlete agent's compliance with the continuing education
requirements prior to renewal of an athlete agent's certificate of
registration.
Sec.
4771.11.
(A)
Prior to issuing a certificate of registration, the
Ohio
athletic commission
administrator
of athletics
shall
require an athlete agent to submit proof of one of the following
securities:
(1)
A surety bond in the amount of fifteen thousand dollars in favor of
the state of Ohio for the benefit of any person who is injured by a
violation of this chapter or rules adopted under this chapter;
(2)
A certificate of deposit in favor of, or a savings account assigned
to, the state of Ohio for the benefit of any person that is injured
by a violation of this chapter or rules adopted under this chapter,
in the amount of fifteen thousand dollars;
(3)
Certification from an insurance carrier indicating that the athlete
agent has obtained professional malpractice insurance in an amount
equal to, or greater than, fifty thousand dollars, or a lesser
amount, as permitted by the
commission
administrator
.
An
athlete agent shall present evidence of a bond, a certificate of
deposit, an assigned savings account, or professional malpractice
insurance in the manner prescribed by the
Ohio athletic
commission.
(B)
The
commission
administrator
shall
hold on deposit, as an agent of the state, any surety bond or other
form of security deposited with the
commission
administrator
by
an athlete agent. The
commission
administrator
shall
hold the security in trust contingent on an athlete agent's
compliance with all provisions of this chapter including the payment
of all moneys owed to an athlete, group of athletes, educational
institution, or institution of higher education, and the payment of
all damages other than punitive damages due as the result of a
misstatement, misrepresentation, fraudulent act, deceit, or unlawful
or negligent act or omission by an athlete agent in the course of
serving as an athlete agent, or by a representative or employee of an
athlete agent when the representative or employee acted within the
scope of the representative's or employee's authority. The
commission
administrator
may
use funds held on deposit for an athlete agent to pay debts owed by
an athlete agent as described in this division pursuant to a court or
administrative order specifying the obligation of the athlete agent.
(C)
Nothing in this section shall be construed to limit the liability of
an athlete agent to the amount of the surety bond, malpractice
coverage, or other security held on deposit by the
commission
administrator
.
(D)
An athlete agent shall maintain the security required under this
section. If an athlete agent fails to maintain the security as
required under this section, the
commission
administrator
shall
suspend the registration of the athlete agent until the athlete agent
provides evidence of the bond, certificate of deposit, assigned
savings account, or professional malpractice insurance, as required
under this section.
(E)
The liability of the surety on a bond described in division (A) of
this section shall not exceed the sum of fifteen thousand dollars in
the aggregate for all persons who are injured by any and all
violations of this chapter or rules adopted under this chapter.
(F)
A surety may cancel a bond described in division (A) of this section
after mailing a written notice to the athlete agent and the
commission
administrator
stating
that the bond cancels sixty days after that notice is mailed. The
liability of the surety for acts of the athlete agent continues
during that sixty-day period. The cancellation notice does not
absolve the surety from liability that accrues before the
cancellation date but that is discovered after that date.
(G)
The
commission
administrator
shall
return the surety bond or other form of security held by the
commission
administrator
under
this section to the athlete agent submitting the bond or security,
two years after the person ceases to serve as an athlete agent in
this state.
Sec.
4771.12.
(A)
Fees charged by an athlete agent for services provided to an athlete
may be negotiated between the parties.
(B)(1)
Except as provided in division (B)(2) of this section, an athlete
agent shall establish an interest-bearing trust fund or similar
account in a depository approved by the Ohio athletic commission to
be used for the deposit of all revenues received on behalf of an
athlete. An athlete agent shall deposit any revenue received on
behalf of an athlete in the interest-bearing trust fund or account.
The athlete agent shall notify the
commission
administrator
of athletics
of
the address and location of the trust fund or account and the
depository in which it is located.
(2)
An athlete agent who is an attorney licensed to practice law in this
state may deposit any revenue received on behalf of an athlete in a
trust account already maintained by the agent attorney in a financial
institution in this state for the deposit of revenue received on
behalf of clients.
(C)
No athlete agent shall share fees with any person other than an
employee of the athlete agent. If an athlete agent shares a fee with
an employee, the athlete agent shall obtain written consent from the
athlete prior to entering a fee agreement with the athlete. No
athlete agent shall enter fee agreements that are prohibited under
this chapter.
(D)
If an athlete agent collects a fee or expense from an athlete as
consideration for obtaining employment for the athlete, and the
athlete agent fails to procure such employment, the agent shall
retain only the following portion of the fee or expense:
(1)
The cost of reasonable expenses incurred by the athlete agent during
the course of representing the athlete in efforts to obtain
employment for the athlete;
(2)
A negotiated fee in connection with instances where the athlete
receives a bonus or some compensation for signing a professional
sports services contract.
(E)
Nothing in this section shall be construed to limit the authority of
the Ohio supreme court to establish or regulate fees for activities
considered to be the practice of law.
Sec.
4771.13.
No
athlete agent shall act on behalf of an athlete as a "dealer"
or "investment advisor," as defined in section 1707.01 of
the Revised Code, unless the athlete agent complies with Chapter
1707. of the Revised Code.
An
athlete agent shall disclose to an athlete and the
Ohio
athletic commission
administrator
of athletics
any
ownership interest the athlete agent has in an entity referred to by
the athlete agent in advising the athlete concerning investments. An
athlete agent shall disclose any commissions or fees the athlete
agent may receive as a result of an investment decision made by an
athlete in response to investment advice from the athlete agent.
Sec.
4771.14.
(A)
An athlete agent shall maintain all of the following records:
(1)
The name and address of each athlete for whom the athlete agent
performs services as an athlete agent in exchange for compensation;
(2)
The amount of fees or compensation received for the performance of
services for each athlete;
(3)
A copy of the contract entered into between the athlete agent and
each athlete;
(4)
Any other information the Ohio athletic commission
or
the administrator of athletics
finds
appropriate in connection with the provision of services by an
athlete agent.
(B)
An athlete agent shall maintain all records required to be maintained
pursuant to this section, in a manner that the commission shall
prescribe, for a period of five years.
(C)
No athlete agent or employee or representative of an athlete agent
shall make, or cause to be made, any false records or records
containing false information.
(D)
All financial records, financial books, and other records not subject
to the attorney-client privilege that are required to be maintained
pursuant to this chapter shall be open to inspection by the
commission
,
the
administrator,
and
its
their
representatives,
upon reasonable notice, at the pleasure of the commission
or the administrator
.
Sec.
4771.16.
No
athlete agent shall publish or cause to be published any false,
fraudulent, or misleading notice, advertisement, or information with
knowledge that it is false, fraudulent, or misleading. All
advertisements of an athlete agent shall contain the name and
registered business address of the athlete agent and some indication
that the athlete agent is registered
with
the Ohio athletic commission
under
this chapter
.
As
used in this section, "advertisement" includes circulars,
signs, newspaper or magazine publications, or other oral or written
communication that names the athlete agent in connection with the
provision of services as an athlete agent.
Sec.
4771.18.
(A)
The
Ohio
athletic commission
administrator
of athletics
may,
except as provided in division (B) of this section, refuse to grant
or renew a registration,
or
and
the Ohio athletic commission
may
suspend or revoke a registration of an athlete agent
,
in accordance with Chapter 119. of the Revised Code,
upon proof satisfactory to the
administrator
or the
commission
that the athlete agent or an employee or representative of the
athlete agent has done any of the following:
(1)
Made false or misleading statements of a material nature in an
application for registration as an athlete agent;
(2)
Been convicted of or pleaded guilty to an offense in connection with
the person's service as an athlete agent in this or another state;
(3)
Been convicted of or pleaded guilty to an offense involving illegal
gambling;
(4)
Engaged in conduct that has a significant adverse impact on the
applicant's credibility, integrity, or competence to serve in a
fiduciary capacity;
(5)
Misappropriated funds or engaged in other specific conduct that would
render the applicant unfit to serve in a fiduciary capacity,
including being convicted of or pleading guilty to offenses involving
embezzlement, theft, or fraud;
(6)
Violated a provision of this chapter or a rule adopted under this
chapter.
(B)
The
commission
administrator
shall
not refuse to issue a registration to an applicant because of a
conviction of or plea of guilty to an offense unless the refusal is
in accordance with section 9.79 of the Revised Code.
(C)
Upon receiving a complaint of a violation of this chapter or a rule
adopted under it, the commission shall conduct an investigation of
the complaint. If the commission finds reasonable cause to believe a
violation occurred, the commission shall conduct a hearing in
accordance with Chapter 119. of the Revised Code to determine if a
violation occurred. If the commission finds a violation occurred, the
commission may suspend or revoke, or
the
administrator may
refuse
to issue or renew, the registration of an athlete agent for such
period of time as the commission
or administrator
finds appropriate.
Upon
completion of an investigation, if the commission finds no reasonable
grounds to believe a violation occurred, the commission shall certify
without a hearing that no violation occurred. The commission shall
serve the certification on all parties addressed in the complaint by
certified mail, return receipt requested. The certification shall be
considered a final resolution of the matter if no objection to the
certification is filed. A party involved in the complaint may file an
objection to the certification with the commission within ten days
after the date the certification is mailed. If a party files an
objection to the certification within the prescribed period, the
commission, within its discretion, may conduct a hearing in
accordance with Chapter 119. of the Revised Code to determine if a
violation occurred.
Sec.
4771.21.
Any
person who conducts business in this state as an athlete agent
consents to the jurisdiction of the courts of this state, whether or
not the person is registered as an athlete agent
with
the Ohio athletic commission
under
this chapter
.
If
an athlete agent conducts business in this state and thereafter
leaves this state with intent to defraud creditors or to avoid
service of process in an action brought under this chapter, the
athlete agent thereby makes the secretary of state of the state of
Ohio the agent of the athlete agent for purposes of service of
process in any civil action or proceeding instituted in the courts of
this state against the athlete agent arising out of, or by reason of,
the athlete agent's conduct within this state. This appointment is
irrevocable.
The
process shall be served by the officer to whom the process is
directed or by the sheriff of Franklin county. The process shall be
served as follows:
(A)
Upon the secretary of state by leaving the process and a true and
attested copy of the process at the office of the secretary of state,
at least fifteen days before the return day of the process; and
(B)
By sending to the defendant, at the defendant's last known address,
by registered mail, postage prepaid, a like true and attested copy of
the process, with an indorsement on the process of the service upon
the secretary of state. The registered mail return receipt of the
defendant shall be attached to and made a part of the return of
service of the process.
Sec.
4771.22.
The
Ohio athletic commission
and
the administrator of athletics
shall
deposit all money
it
receives
they
receive
under
this chapter to the credit of the occupational licensing and
regulatory fund, created under section 4743.05 of the Revised Code.
Sec.
4771.23.
The
Ohio athletic commission
and
the administrator of athletics
shall
comply with section 4776.20 of the Revised Code.
Section
2.
That
existing sections 3773.33, 3773.34, 3773.35, 3773.36, 3773.37,
3773.38, 3773.39, 3773.40, 3773.41, 3773.42, 3773.421, 3773.43,
3773.45, 3773.51, 3773.52, 3773.53, 3773.54, 3773.55, 3773.56,
3773.57, 3773.59, 4771.02, 4771.05, 4771.07, 4771.08, 4771.09,
4771.10, 4771.11, 4771.12, 4771.13, 4771.14, 4771.16, 4771.18,
4771.21, 4771.22, and 4771.23 of the Revised Code are hereby
repealed.
Section
3.
All
items in this act are hereby appropriated as designated out of any
moneys in the state treasury to the credit of the designated fund.
For all operating appropriations made in this act, those in the first
column are for fiscal year 2026 and those in the second column are
for fiscal year 2027. The operating appropriations made in this act
are in addition to any other operating appropriations made for these
fiscal years.
Section
4.
1
2
3
4
5
A
COM
DEPARTMENT OF COMMERCE
B
Dedicated
Purpose Fund Group
C
4K90
800633
Athletic
Commission
$1,000,000
$0
D
Dedicated
Purpose Fund Group Total
$1,000,000
$0
E
TOTAL
ALL BUDGET FUND GROUPS
$1,000,000
$0
ATHLETIC
COMMISSION
The
foregoing appropriation item 800633, Athletic Commission, shall be
used to carry out the responsibilities of the Athletic Commission.
CASH
TRANSFER FROM THE GENERAL REVENUE FUND TO THE OCCUPATIONAL LICENSING
AND REGULATORY FUND
On
the effective date of this section, or as soon as possible
thereafter, the Director of Budget and Management shall transfer
$1,000,000 cash from the General Revenue Fund to the Occupational
Licensing and Regulatory Fund (Fund 4K90).
Any
unexpended and unencumbered portion of the foregoing appropriation
item 800633, Athletic Commission, remaining at the end of fiscal year
2026 is hereby reappropriated for the same purpose in fiscal year
2027.
Section
5.
Within
the limits set forth in this act, the Director of Budget and
Management shall establish accounts indicating the source and amount
of funds for each appropriation made in this act, and shall determine
the manner in which appropriation accounts shall be maintained.
Expenditures from operating appropriations contained in this act
shall be accounted for as though made in, and are subject to all
applicable provisions of, H.B. 96 of the 136th General Assembly.
Section
6.
(A)
With respect to any business commenced but not completed by the
Executive Director of the Ohio Athletic Commission on the effective
date of this section, that business shall be completed by the
Director of Commerce or the Administrator of Athletics in the same
manner, and with the same effect, as if completed by the Executive
Director.
(B)
Wherever the Executive Director is referred to in any law, contract,
or other document, the reference shall be deemed to refer to the
Director or the Administrator.
(C)
On the effective date of this section, both of the following apply:
(1)
Subject to the lay-off provisions of sections 124.321 to 124.328 of
the Revised Code, all of the Commission's employees are transferred
to the Department of Commerce and retain their positions and all of
the benefits accruing thereto.
(2)
All of the Commission's employment records, equipment, and assets
shall be transferred to the Department.
(D)
Any action or proceeding pending on the effective date of this
section shall be prosecuted or defended in the name of the Director
or the Administrator. In all such actions and proceedings, the
Director or Administrator, on application to the court, shall be
substituted as a party.
Section
7.
Sections
1, 2, and 6 of this act take effect ninety days after the effective
date of this section.
Section
8.
Beginning
on the effective date of this section, the number of regulatory
restrictions permitted in this state pursuant to section 121.953 of
the Revised Code shall be increased by the number of regulatory
restrictions contained in rules adopted by the Ohio Athletic
Commission that are in effect on the effective date of this section.