Executive Order 2019-17D The Emergency Amendment of Rules 3759-5-27 and 3769-15-10 of the Administrative Code By the Ohio State Racing Commission

Executive Order

WHEREAS, the Ohio State Racing Commission prescribes the rules and conditions under which horse racing may be conducted in this State so that it is conducted in a fair and orderly manner that protects the wagering public and the integrity of horse racing at the seven commercial racetracks and approximately sixty county fairs; and

WHEREAS, the Ohio horse racing industry generates approximately $730 million annually in economic benefits to the State, including job creation, and contributions to the PASSPORT program and support programs and activities that advance sustainable agriculture; and

WHEREAS, currently Rules 3769-5-27 and 3769-15-10 of the Administrative Code do not permit horses with only a microchip for identification to race in Ohio. There is a large influx of horses that are beginning their racing career both internationally and in this country that only have a microchip for identification. Horses with only a microchip for identification can already legally race in surrounding states. The busy season for horse racing has begun and the county fair racing will begin shortly; and

WHEREAS, in 2018, there were 767 race days with 9,043 horse races at the seven commercial racetracks in the State. There were 76,586 horses that started, and these horses competed for over 113 million dollars in purses. At the approximately sixty county fairs, there were 131 race days with 1,436 horse races. There were 8,136 horses that started, and these horses competed for over 8 million dollars in purses. A majority of the purses were claimed by Ohio residents; and

WHEREAS, the Ohio State Racing Commission wishes to immediately amend the rules to authorize the use of a microchip to identify horses where horse racing is conducted in this State to (i) capture revenue for the State, (ii) advance economic development in this State, and (iii) generate employment opportunities for the welfare of Ohio Citizens which would otherwise be foregone; and

WHEREAS, Section 119.03 (G) of the Ohio Revised Code authorizes the Governor, on the request of a State agency, to suspend the normal rule making procedures with respect to specific rules when an emergency exists necessitating the immediate adoption, amendment or rescission of such rules. When such a determination is made, the agency may immediately adopt, amend or rescind such rules, but the rules are only valid for one hundred and twenty (120) days; and

WHEREAS, the Ohio State Racing Commission has requested a determination that an emergency exists that requires the amendment of OAC Sections 3769-5-27 and 3769-15-10 on an emergency basis and that would therefore permit the Ohio State Racing Commission, pursuant to section 119.03(G) of the Ohio Revised Code, to immediately amend these rules so that the Ohio State Racing Commission can ensure that it has the authority to accept microchipped horses for racing;

NOW THEREFORE, I, Mike DeWine, Governor of the State of Ohio, have determined, upon the request of the Ohio State Racing Commission, that an emergency exists requiring the immediate amendment of OAC Sections 3769-5-27 and 3769-15-10 so that the Ohio State Racing Commission can ensure that it has the authority to accept microchipped horses for racing.

Further, I hereby order that the procedures prescribed by section 119.03 of the Ohio Revised Code with respect to the adoption or amendment of the specified rules be suspended and that the Ohio State Racing Commission be permitted to amend the rules immediately by filing them electronically with the Secretary of State, the Director of the Legislative Service Commission, and the Joint Committee on Agency Rule Review ("JCARR").

Furthermore, I hereby order that this Executive Order be filed in electronic form with the Ohio State Racing Commission, the Secretary of State, the Director of the Legislative Service Commission and JCARR.

I signed this Executive Order on May 22, 2019, in Columbus, Ohio, and it will expire one hundred twenty days (120) from the effective date of the emergency rules, or upon the adoption of the rules through the normal JCARR process, whichever is sooner.

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Mike DeWine, Governor

ATTEST:

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Frank LaRose, Secretary of State

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