134HB110-HC2081 Omnibus

HC2081 OMNIBUS
Sub. H.B. 110

L-134-0001-3
_______________________________ moved to amend as follows:
Engross the bill as directed by the commands in the

amendments attached hereto, ignoring matter extraneous to those
commands
INDEX
The following amendments are attached hereto:
Amendment No. Subject
HC1461-1 Department of Education – Nonpublic

Administrative Cost Reimbursement
Automatic closure of community

HC1465
schools
Department of Education – Auxiliary

HC1467-1
Services
Waive automatic withdrawal of

HC1468
community school students
Tangible personal property

HC1471
supplement extension
Policy for nonpublic school

HC1477-1 employees to administer
prescription drugs to students
HC1482 Serving of alcohol during bingo
Legislative Service Commission -1- 134HB110-HC2081 OMNIBUS/rs

HC2081 OMNIBUS
HC1486 Reinstatement of liquor permits
HC1487-2 State Pay for Success Contract
Department of Job and Family

HC1498-1
Services – Gracehaven Pilot Program
Use of eminent domain to provide

HC1505-2
recreational trails
Streamlining County Level –

HC1506-1
Information Access Task Force
Auditor of State; Chief Deputy

HC1510
Auditor of State
U.S. Power Squadron License Plate

HC1511
distribution
Auditor of State – administrative

HC1512
changes
Registration tax and fee waiver for

HC1521
amusement ride owners
HC1522 Liquor and wine permit changes
Transfer of residential facility

HC1525
license
Department of Development –
HC1527-1
Industry Sector Partnerships

HC2081 OMNIBUS
HC1531-2 Oil and Gas Leasing Commission
Department of Development – Medina

HC1533-2
County Board of Commissioners
ADAMHS board composition and

HC1539
appointment
Department of Veterans Services –

HC1548 grants and apprenticeship
requirements
Income tax deduction for capital

HC1556-1
gain from sale of business
JCARR review of Department of

HC1586 Education changes affecting
community schools
Lake Erie Commission – Rollover

HC1597
H2Ohio funds
Tangible personal property (TPP)

HC1609-1
supplement payments
HC1613 ADAMHS boards
Department of Development – Grants

HC1617
for entertainment venues
Dispensing controlled substances in

HC1618-1
lockable containers

HC2081 OMNIBUS
Department of Medicaid - Ohio

HC1625 Invests in Improvements for
Priority Populations
Department of Higher Education –

HC1627
SSI payments
HC1639 Autism Scholarship Program
Public Defender Commission – State

HC1650-1
Legal Defense Services
Regional council of governments

HC1651
cost of health care benefits
Department of Health – Lupus

HC1666-1
Awareness
Common ownership test for CAT

HC1684
taxpayer groups
Pollution control facility tax

HC1688
exemptions
Environmental Protection Agency –

HC1689 Geauga-Trumbull Solid Waste
Management
HC1692-3 Department of Agriculture – H2Ohio
Medicaid Cost Assurance Pilot

HC1702
Program

HC2081 OMNIBUS
Joint venture title insurance

HC1712
companies
Department of Administrative
HC1713-1
Services – IT Development
Department of Job and Family

HC1715-3
Services – TANF Block Grant
HC1723 Medication coverage switching
Soil and water district

HC1742-1
administrative changes
Ohio History Connection – Cleveland

HC1747-1
Orchestra
Department of Mental Health and

HC1753
Addiction Services – ADAMHS boards
Spending requirements for

HC1756
disadvantaged pupil impact aid
Ohio Commission on Fatherhood -

HC1781
chairperson
HC1788-1 LSC technical amendment
HC1789 LSC corrective amendment
Pilot program for dropout recovery

HC1807
e-schools – report 4 deadline

HC2081 OMNIBUS
State Teachers Retirement Board

HC1819
meetings
Paying for lottery tickets with

HC1827
credit cards
Disability housing property tax

HC1835
exemption
Parental opt-out for nationally

HC1839-1
standardized assessments
Attorney fees and costs in inverse

HC1868
condemnation proceedings
Department of Health – Infectious

HC1893
Disease Prevention and Control
County sales tax: Detention

HC1931
facility operations
HC1939 Refund COVID-related fines
HC1944 Kilowatt-hour tax exemptions
HC1953 BLES requirements
HC1956-1 Open Meetings Law
Ohio Housing Finance Agency –

HC1963
Personal Services

HC2081 OMNIBUS
In-state tuition for certain

HC1968
graduate students
HC1977 State Board of Deposit secretary
Free library photocopies of

HC1982
identification
Ohio National Guard Scholarship

HC1995
Program - eligibility
Property tax exemption for

HC2045
qualified energy projects
Department of Development – Lucas

HC2052 County Land Reutilization
Corporation
HC2056-2 City health districts
Attorney General - Funding of

HC2061-3 annual training of peace officers
and troopers
Department of Health – Lead

HC2065-1
Abatement
Department of Development –
HC2074-1
TechCred Program

HC2075 Addiction Services – Applewood
Centers, Inc.

HC2081 OMNIBUS
Departments of Agriculture and

HC2076 Development – Meat Processing
Investment Program

HC2077 Addiction Services – The Refuge,
Inc.
HC2079 Traffic safety study

Addiction Services – monitoring
HC2080
programs for occupational licensing
boards
Department of Education – Formula

transition supplement for
HC2083-1
districts, community schools, and
STEM schools
Ohio Ethics Commission – Operating

HC2091
Expenses
Venture capital gains income tax

HC2092-1
deduction
1 The motion was __________ agreed to.

HC1461X1
Sub. H.B. 110
L-134-0001-3
________________________________ moved to amend as follows:
1 In line 66229, delete "$69,997,735 $69,997,735" and
2 insert "$70,813,735 $71,647,683"
3 In line 66240, add $816,000 to fiscal year 2022 and
4 $1,649,948 to fiscal year 2023
6 $1,649,948 to fiscal year 2023
7 In line 67025, delete "forty-six" and insert "seventy-five"
8 The motion was ________ agreed to.
9 SYNOPSIS
10 Department of Education
11 Sections 265.10 and 265.180
12 Increases GRF appropriation item 200532, Nonpublic

13 Administrative Cost Reimbursement, by $816,000 in FY 2022 and
14 $1,649,948 in FY 2023.
15 Increases the maximum per-pupil amount of administrative

16 cost reimbursement payments to nonpublic schools for each of FY
17 2022 and FY 2023 from $446 to $475.
Legislative Service Commission -1- 134HB110-HC1461X1/rs

HC1465
Sub. H.B. 110

L-134-0001-3
In line 125 of the title, after "3314.0810," insert 1

"3314.355" 2
In line 281, after "3314.0810," insert "3314.355," 3
After line 27260, insert: 4
"Sec. 3314.355. No community school shall be subject to 5

closure under section 3314.35 or 3314.351 of the Revised Code 6
based on any report card issued for that school for the 2019-2020, 7
2020-2021, or 2021-2022 school years. Furthermore, the report card 8
ratings of any previous years shall not be considered in 9
determining whether a community school is subject to automatic 10
closure under section 3314.35 or 3314.351 of the Revised Code. 11
Accordingly, the 2022-2023 school year shall begin a new starting 12
point for automatic closure of community schools under either of 13
those sections." 14
The motion was __________ agreed to.
SYNOPSIS
Automatic closure of community schools 15
134HB110-HC1465/NW
HC1465 Page 2
R.C. 3314.355 16
Prohibits automatic closure of community schools on the basis 17

of any report card rating issued prior to the 2022-2023 school 18
year. 19
134HB110-HC1465/NW
HC1467X1
Sub. H.B. 110
L-134-0001-3
2 insert "$156,744,175 $158,591,274"
3 In line 66240, add $1,805,041 in fiscal year 2022 and
4 $3,652,140 in fiscal year 2023
5 In line 66294, add $1,805,041 in fiscal year 2022 and
6 $3,652,140 in fiscal year 2023
8 SYNOPSIS
10 Section 265.10
11 Increases GRF appropriation item 200511, Auxiliary

12 Services, by $1,805,041 in FY 2022 and $3,652,140 in FY 2023.

HC1468
Sub. H.B. 110

L-134-0001-3
"Section 733.___. Notwithstanding anything in the Revised 2

Code to the contrary, for the 2021-2022 school year only, no 3
community school shall be required to automatically withdraw a 4
student who without legitimate excuse fails to participate in 5
seventy-two consecutive hours of the learning opportunities 6
offered to the student in accordance with division (A)(6)(b) of 7
section 3314.03 of the Revised Code." 8
SYNOPSIS
Waive automatic withdrawal of community school students 9
Section 733.___ 10
For the 2021-2022 school year only, waives the requirement 11

that a community school automatically withdraw any student who 12
without legitimate excuse fails to participate in seventy-two 13
consecutive hours of learning opportunities. 14
134HB110-HC1468/NW
HC1471
Sub. H.B. 110

L-134-0001-3
RDFCD5
In line 96 of the title, after "5709.21," insert "5709.92," 1
"Sec. 5709.92. (A) As used in this section: 4
(1) "School district" means a city, local, or exempted 5

village school district. 6
(2) "Joint vocational school district" means a joint 7

vocational school district created under section 3311.16 of the 8
Revised Code, and includes a cooperative education school district 9
created under section 3311.52 or 3311.521 of the Revised Code and 10
a county school financing district created under section 3311.50 11
of the Revised Code. 12
(3) "Total resources" means the sum of the amounts described 13

in divisions (A)(3)(a) to (g) of this section less any reduction 14
required under division (C)(3)(a) of this section. 15
(a) The state education aid for fiscal year 2015; 16
(b) The sum of the payments received in fiscal year 2015 for 17
current expense levy losses under division (C)(3) of section 18
134HB110-HC1471/RYT
HC1471 Page 2
19
5727.85 and division (C)(12) of section 5751.21 of the Revised
20
Code, as they existed at that time, excluding the portion of such
21
payments attributable to levies for joint vocational school
22
district purposes;
(c) The sum of fixed-sum levy loss payments received by the 23

school district in fiscal year 2015 under division (F)(1) of 24
section 5727.85 and division (E)(1) of section 5751.21 of the 25
Revised Code, as they existed at that time, for fixed-sum levies 26
charged and payable for a purpose other than paying debt charges; 27
(d) The district's taxes charged and payable against all 28

property on the tax list of real and public utility property for 29
current expense purposes for tax year 2014, including taxes 30
charged and payable from emergency levies charged and payable 31
under sections 5705.194 to 5705.197 of the Revised Code, excluding 32
taxes levied for joint vocational school district purposes or 33
levied under section 5705.23 of the Revised Code; 34
(e) The amount certified for fiscal year 2015 under division 35
(A)(2) of section 3317.08 of the Revised Code; 36
(f) Distributions received during calendar year 2014 from 37

taxes levied under section 718.09 of the Revised Code; 38
(g) Distributions received during fiscal year 2015 from the 39

gross casino revenue county student fund. 40
(4)(a) "State education aid" for a school district means the 41

sum of state amounts computed for the district under sections 42
3317.022 and 3317.0212 of the Revised Code after any amounts are 43
added or subtracted under Section 263.240 of Am. Sub. H.B. 59 of 44
the 130th general assembly, entitled "TRANSITIONAL AID FOR CITY, 45
LOCAL, AND EXEMPTED VILLAGE SCHOOL DISTRICTS." 46
(b) "State education aid" for a joint vocational district 47
134HB110-HC1471/RYT
HC1471 Page 3
48
means the amount computed for the district under section 3317.16
49
of the Revised Code after any amounts are added or subtracted
50
under Section 263.250 of Am. Sub. H.B. 59 of the 130th general
51
assembly, entitled "TRANSITIONAL AID FOR JOINT VOCATIONAL SCHOOL
52
DISTRICTS."
(5) "Taxes charged and payable" means taxes charged and 53

payable after the reduction required by section 319.301 of the 54
Revised Code but before the reductions required by sections 55
319.302 and 323.152 of the Revised Code. 56
(6) "Capacity quintile" means the capacity measure quintiles 57

determined under division (B) of this section. 58
(7) "Threshold per cent" means the following: 59
(a) For a school district in the lowest capacity quintile, 60

one per cent for fiscal year 2016 and two per cent for fiscal year 61
2017. 62
(b) For a school district in the second lowest capacity 63

quintile, one and one-fourth per cent for fiscal year 2016 and two 64
and one-half per cent for fiscal year 2017. 65
(c) For a school district in the third lowest capacity 66

quintile, one and one-half per cent for fiscal year 2016 and three 67
per cent for fiscal year 2017. 68
(d) For a school district in the second highest capacity 69

quintile, one and three-fourths per cent for fiscal year 2016 and 70
three and one-half per cent for fiscal year 2017. 71
(e) For a school district in the highest capacity quintile, 72

two per cent for fiscal year 2016 and four per cent for fiscal 73
year 2017. 74
(f) For a joint vocational school district, two per cent for 75
134HB110-HC1471/RYT
HC1471 Page 4
76
fiscal year 2016 and four per cent for fiscal year 2017.
(8) "Current expense allocation" means the sum of the 77

payments received by a school district or joint vocational school 78
district in fiscal year 2015 for current expense levy losses under 79
division (C)(3) of section 5727.85 and division (C)(12) of section 80
5751.21 of the Revised Code as they existed at that time, less any 81
reduction required under division (C)(3)(b) of this section. 82
(9) "Non-current expense allocation" means the sum of the 83

payments received by a school district or joint vocational school 84
district in fiscal year 2015 for levy losses under division 85
(C)(3)(c) of section 5727.85 and division (C)(12)(c) of section 86
5751.21 of the Revised Code, as they existed at that time, and 87
levy losses in fiscal year 2015 under division (H) of section 88
5727.84 of the Revised Code as that section existed at that time 89
attributable to levies for and payments received for losses on 90
levies intended to generate money for maintenance of classroom 91
facilities. 92
(10) "Operating TPP fixed-sum levy losses" means the sum of 93

payments received by a school district in fiscal year 2015 for 94
levy losses under division (E) of section 5751.21 of the Revised 95
Code, excluding levy losses for debt purposes. 96
(11) "Operating S.B. 3 fixed-sum levy losses" means the sum 97

of payments received by the school district in fiscal year 2015 98
for levy losses under division (H) of section 5727.84 of the 99
Revised Code, excluding levy losses for debt purposes. 100
(12) "TPP fixed-sum debt levy losses" means the sum of 101
payments received by a school district in fiscal year 2015 for 102
levy losses under division (E) of section 5751.21 of the Revised 103
Code for debt purposes. 104
134HB110-HC1471/RYT
HC1471 Page 5
(13) "S.B. 3 fixed-sum debt levy losses" means the sum of 105
payments received by the school district in fiscal year 2015 for 106
levy losses under division (H) of section 5727.84 of the Revised 107
Code for debt purposes. 108
(14) "Qualifying levies" means qualifying levies described in 109

section 5751.20 of the Revised Code as that section was in effect 110
before July 1, 2015. 111
(15) "Total taxable value" has the same meaning as in section 112
3317.02 of the Revised Code. 113
(B) The department of education shall rank all school 114

districts in the order of districts' capacity measures determined 115
under former section 3317.018 of the Revised Code from lowest to 116
highest, and divide such ranking into quintiles, with the first 117
quintile containing the twenty per cent of school districts having 118
the lowest capacity measure and the fifth quintile containing the 119
twenty per cent of school districts having the highest capacity 120
measure. This calculation and ranking shall be performed once, in 121
fiscal year 2016. 122
(C)(1) In fiscal year 2016, payments shall be made to school 123

districts and joint vocational school districts equal to the sum 124
of the amounts described in divisions (C)(1)(a) or (b) and 125
(C)(1)(c) of this section. In fiscal year 2017, payments shall be 126
made to school districts and joint vocational school districts 127
equal to the amount described in division (C)(1)(a) or (b) of this 128
section. 129
(a) If the ratio of the current expense allocation to total 130

resources is equal to or less than the district's threshold per 131
cent, zero; 132
(b) If the ratio of the current expense allocation to total 133
134HB110-HC1471/RYT
HC1471 Page 6
134
resources is greater than the district's threshold per cent, the
135
difference between the current expense allocation and the product
136
of the threshold percentage and total resources;
(c) For fiscal year 2016, the product of the non-current 137
expense allocation multiplied by fifty per cent. 138
(2) In fiscal year 2018 and subsequent fiscal years, payments 139
shall be made to school districts and joint vocational school 140
districts equal to the difference obtained by subtracting the 141
amount described in division (C)(2)(b) of this section from the 142
amount described in division (C)(2)(a) of this section, provided 143
that such amount is greater than zero. 144
(a) The sum of the payments received by the district under 145
division (C)(1)(b) or (C)(2) of this section for the immediately 146
preceding fiscal year; 147
(b) One-sixteenth of one per cent of the average of the total 148
taxable value of the district for tax years 2014, 2015, and 2016. 149
(3)(a) "Total resources" used to compute payments under 150

division (C)(1) of this section shall be reduced to the extent 151
that payments distributed in fiscal year 2015 were attributable to 152
levies no longer charged and payable for tax year 2014. 153
(b) "Current expense allocation" used to compute payments 154

under division (C)(1) of this section shall be reduced to the 155
extent that the payments distributed in fiscal year 2015 were 156
attributable to levies no longer charged and payable for tax year 157
2014. 158
(4) The department of education shall report to each school 159

district and joint vocational school district the apportionment of 160
the payments under division (C)(1) of this section among the 161
district's funds based on qualifying levies. 162
134HB110-HC1471/RYT
HC1471 Page 7
(D)(1) Payments in the following amounts shall be made to 163

school districts and joint vocational school districts in tax 164
years 2016 through 2021: 165
(a) In tax year 2016, the sum of the district's operating TPP 166
fixed-sum levy losses and operating S.B. 3 fixed-sum levy losses. 167
(b) In tax year 2017, the sum of the district's operating TPP 168
fixed-sum levy losses and eighty per cent of operating S.B. 3 169
fixed-sum levy losses. 170
(c) In tax year 2018, the sum of eighty per cent of the 171
district's operating TPP fixed-sum levy losses and sixty per cent 172
of its operating S.B. 3 fixed-sum levy losses. 173
(d) In tax year 2019, the sum of sixty per cent of the 174
district's operating TPP fixed-sum levy losses and forty per cent 175
(e) In tax year 2020, the sum of forty per cent of the 177
district's operating TPP fixed-sum levy losses and twenty per cent 178
(f) In tax year 2021, twenty per cent of the district's 180
operating TPP fixed-sum levy losses. 181
No payment shall be made under division (D)(1) of this 182

section after tax year 2021. 183
(2) Amounts are payable under division (D) of this section 184
for fixed-sum levy losses only to the extent of such losses for 185
qualifying levies that remain in effect for the current tax year. 186
For this purpose, a qualifying levy levied under section 5705.194 187
or 5705.213 of the Revised Code remains in effect for the current 188
tax year only if a tax levied under either of those sections is 189
charged and payable for the current tax year for an annual sum at 190
least equal to the annual sum levied by the board of education for 191
134HB110-HC1471/RYT
HC1471 Page 8
192
tax year 2004 under those sections less the amount of the payment
193
under this division.
(E)(1) For fixed-sum levies for debt purposes, payments shall 194
be made to school districts and joint vocational school districts 195
equal to one hundred per cent of the district's fixed-sum levy 196
loss determined under division (E) of section 5751.20 and division 197
(H) of section 5727.84 of the Revised Code as in effect before 198
July 1, 2015, and paid in tax year 2014. No payment shall be made 199
for qualifying levies that are no longer charged and payable. 200
(2) Beginning in 2016, by the thirty-first day of January of 201

each year, the tax commissioner shall review the calculation of 202
fixed-sum levy loss for debt purposes determined under division 203
(E) of section 5751.20 and division (H) of section 5727.84 of the 204
Revised Code as in effect before July 1, 2015. If the commissioner 205
determines that a fixed-sum levy that had been scheduled to be 206
reimbursed in the current year is no longer charged and payable, a 207
revised calculation for that year and all subsequent years shall 208
be made. 209
(F)(1) For taxes levied within the ten-mill limitation for 210
debt purposes in tax year 1998 in the case of electric company tax 211
value losses, and in tax year 1999 in the case of natural gas 212
company tax value losses, payments shall be made to school 213
districts and joint vocational school districts equal to one 214
hundred per cent of the loss computed under division (D) of 215
section 5727.85 of the Revised Code as in effect before July 1, 216
2015, as if the tax were a fixed-rate levy, but those payments 217
shall extend through fiscal year 2016. 218
(2) For taxes levied within the ten-mill limitation for debt 219
purposes in tax year 2005, payments shall be made to school 220
districts and joint vocational school districts equal to one 221
134HB110-HC1471/RYT
HC1471 Page 9
222
hundred per cent of the loss computed under division (D) of
223
section 5751.21 of the Revised Code as in effect before July 1,
224
2015, as if the tax were a fixed-rate levy, but those payments
225
shall extend through fiscal year 2018.
(G) If all the territory of a school district or joint 226

vocational school district is merged with another district, or if 227
a part of the territory of a school district or joint vocational 228
school district is transferred to an existing or newly created 229
district, the department of education, in consultation with the 230
tax commissioner, shall adjust the payments made under this 231
section as follows: 232
(1) For a merger of two or more districts, fixed-sum levy 233

losses, total resources, current expense allocation, and 234
non-current expense allocation of the successor district shall be 235
the sum of such items for each of the districts involved in the 236
merger. 237
(2) If property is transferred from one district to a 238

previously existing district, the amount of the total resources, 239
current expense allocation, and non-current expense allocation 240
that shall be transferred to the recipient district shall be an 241
amount equal to the total resources, current expense allocation, 242
and non-current expense allocation of the transferor district 243
times a fraction, the numerator of which is the number of pupils 244
being transferred to the recipient district, measured, in the case 245
of a school district, by formula ADM as defined in section 3317.02 246
of the Revised Code or, in the case of a joint vocational school 247
district, by formula ADM as defined for a joint vocational school 248
district in that section, and the denominator of which is the 249
formula ADM of the transferor district. 250
(3) After December 31, 2010, if property is transferred from 251
134HB110-HC1471/RYT
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252
one or more districts to a district that is newly created out of
253
the transferred property, the newly created district shall be
254
deemed not to have any total resources, current expense
255
allocation, total allocation, or non-current expense allocation.
(4) If the recipient district under division (G)(2) of this 256

section or the newly created district under division (G)(3) of 257
this section is assuming debt from one or more of the districts 258
from which the property was transferred and any of the districts 259
losing the property had fixed-sum levy losses, the department of 260
education, in consultation with the tax commissioner, shall make 261
an equitable division of the reimbursements for those losses. 262
(H) The payments required by divisions (C), (D), (E), and 263
(F), and (I) of this section shall be distributed periodically to 264
each school and joint vocational school district by the department 265
of education unless otherwise provided for. Except as provided in 266
division (D) of this section, if a levy that is a qualifying levy 267
is not charged and payable in any year after 2014, payments to the 268
school district or joint vocational school district shall be 269
reduced to the extent that the payments distributed in fiscal year 270
2015 were attributable to the levy loss of that levy. 271
(I) For fiscal years 2022 through 2026, if the total amount 272
to be received under divisions (C) and (E) of this section by any 273
school district that has a nuclear power plant located within its 274
territory is less than the amount the district received under this 275
section in fiscal year 2017, the district shall receive a 276
supplemental payment equal to the difference between the amount to 277
be received under those divisions for the fiscal year and the 278
amount received under this section in fiscal year 2017." 279
Delete lines 74053 through 74058 281
134HB110-HC1471/RYT
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SYNOPSIS
Tangible personal property supplement extension 282
R.C. 5709.92; Section 387.20 283
Extends a provision of the introduced bill requiring that the 284

tangible personal property supplement payment amount to be paid to 285
school districts that have a nuclear power plant located in their 286
territory should be no less than the amount that was paid to them 287
in fiscal year 2017. The current bill authorizes this supplement 288
for FY2022 and 2023; the amendment extends the supplement through 289
2026. Under current law, the payments are generally set up to 290
decrease annually over time. 291
134HB110-HC1471/RYT
HC1477X1
Sub. H.B. 110

L-134-0001-3
(1) "Drug" means a drug, as defined in section 4729.01 of the 5

Revised Code, that is to be administered pursuant to the 6
instructions of the prescriber, whether or not required by law to 7
be sold only upon a prescription. 8
(2) "Federal law" means the "Individuals with Disabilities 9

Education Act of 1997," 111 Stat. 37, 20 U.S.C. 1400, as amended. 10
(3) "Prescriber" has the same meaning as in section 4729.01 11

(B) The board of education of each city, local, exempted 13

village, and joint vocational school district and the governing 14
authority of each chartered nonpublic school shall adopt a policy 15
on the authority of its employees, when acting in situations other 16
than those governed by sections 2305.23, 2305.231, 3313.712, 17
3313.7110, 3313.7112, 3313.7113, and 3313.7115 of the Revised 18
Code, to administer drugs prescribed to students enrolled in the 19
schools of the district or the chartered nonpublic school. The 20
134HB110-HC1477X1/BJD
HC1477X1 Page 2
policy shall provide either that: 21
(1) Except as otherwise required by federal law, no person 22

employed by the board or governing authority shall, in the course 23
of such employment, administer any drug prescribed to any student 24
enrolled in the schools of the district or the chartered nonpublic 25
school. 26
(2) Designated persons employed by the board or governing 27

authority are authorized to administer to a student a drug 28
prescribed for the student. Effective July 1, 2011, only employees 29
of the board or governing authority who are licensed health 30
professionals, or who have completed a drug administration 31
training program conducted by a licensed health professional and 32
considered appropriate by the board or governing authority, may 33
administer to a student a drug prescribed for the student. Except 34
as otherwise provided by federal law, the board's or governing 35
authority's policy may provide that certain drugs or types of 36
drugs shall not be administered or that no employee shall use 37
certain procedures, such as injection, to administer a drug to a 38
student. 39
(C) No drug prescribed for a student shall be administered 40

pursuant to federal law or a policy adopted under division (B) of 41
this section until the following occur: 42
(1) The board or governing authority, or a person designated 43

by the board or governing authority, receives a written request, 44
signed by the parent, guardian, or other person having care or 45
charge of the student, that the drug be administered to the 46
student. 47
(2) The board or governing authority, or a person designated 48

by the board or governing authority, receives a statement, signed 49
by the prescriber, that includes all of the following information: 50
134HB110-HC1477X1/BJD
HC1477X1 Page 3
(a) The name and address of the student; 51
(b) The school and class in which the student is enrolled; 52
(c) The name of the drug and the dosage to be administered; 53
(d) The times or intervals at which each dosage of the drug 54

is to be administered; 55
(e) The date the administration of the drug is to begin; 56
(f) The date the administration of the drug is to cease; 57
(g) Any severe adverse reactions that should be reported to 58

the prescriber and one or more phone numbers at which the 59
prescriber can be reached in an emergency; 60
(h) Special instructions for administration of the drug, 61

including sterile conditions and storage. 62
(3) The parent, guardian, or other person having care or 63

charge of the student agrees to submit a revised statement signed 64
by the prescriber to the board or governing authority or a person 65
designated by the board or governing authority if any of the 66
information provided by the prescriber pursuant to division (C)(2) 67
of this section changes. 68
(4) The person authorized by the board or governing authority 69

to administer the drug receives a copy of the statement required 70
by division (C)(2) or (3) of this section. 71
(5) The drug is received by the person authorized to 72

administer the drug to the student for whom the drug is prescribed 73
in the container in which it was dispensed by the prescriber or a 74
licensed pharmacist. 75
(6) Any other procedures required by the board or governing 76

authority are followed. 77
134HB110-HC1477X1/BJD
HC1477X1 Page 4
(D) If a drug is administered to a student, the board of 78

education or governing authority of the chartered nonpublic school 79
shall acquire and retain copies of the written requests required 80
by division (C)(1) and the statements required by divisions (C)(2) 81
and (3) of this section and shall ensure that by the next school 82
day following the receipt of any such statement a copy is given to 83
the person authorized to administer drugs to the student for whom 84
the statement has been received. The board or governing authority, 85
or a person designated by the board or governing authority, shall 86
establish a location in each school building for the storage of 87
drugs to be administered under this section and federal law. All 88
such drugs shall be stored in that location in a locked storage 89
place, except that drugs that require refrigeration may be kept in 90
a refrigerator in a place not commonly used by students. 91
(E) No person who has been authorized by a board of education 92

or governing authority of a chartered nonpublic school to 93
administer a drug and has a copy of the most recent statement 94
required by division (C)(2) or (3) of this section given to the 95
person in accordance with division (D) of this section prior to 96
administering the drug is liable in civil damages for 97
administering or failing to administer the drug, unless such 98
person acts in a manner that constitutes gross negligence or 99
wanton or reckless misconduct. 100
(F) A board of education or governing authority of a 101

chartered nonpublic school may designate a person or persons to 102
perform any function or functions in connection with a drug policy 103
adopted under this section either by name or by position, 104
training, qualifications, or similar distinguishing factors. 105
(G) A policy adopted by a board of education or governing 106

authority of a chartered nonpublic school pursuant to this section 107
134HB110-HC1477X1/BJD
HC1477X1 Page 5
may be changed, modified, or revised by action of the board or the 108

governing authority. 109
(H) Nothing in this section shall be construed to require a 110

person employed by a board of education or governing authority of 111
a chartered nonpublic school to administer a drug to a student 112
unless the board's or governing authority's policy adopted in 113
compliance with this section establishes such a requirement. A 114
board or governing authority shall not require an employee to 115
administer a drug to a student if the employee objects, on the 116
basis of religious convictions, to administering the drug. 117
Nothing in this section affects the application of section 118

2305.23, 2305.231, 3313.712, 3313.7110, 3313.7112, 3313.7113, or 119
3313.7115 of the Revised Code to the administration of emergency 120
care or treatment to a student. 121
Nothing in this section affects the ability of a public or 122

nonpublic school to participate in a school-based fluoride mouth 123
rinse program established by the director of health pursuant to 124
section 3701.136 of the Revised Code. Nothing in this section 125
affects the ability of a person who is employed by, or who 126
volunteers for, a school that participates in such a program to 127
administer fluoride mouth rinse to a student in accordance with 128
section 3701.136 of the Revised Code and any rules adopted by the 129
director under that section. 130
(I) Nothing in this section shall be construed to require a 131

school district or chartered nonpublic school to obtain written 132
authorization or instructions from a health care provider to apply 133
nonprescription topical ointments designed to prevent sunburn. 134
Furthermore, nothing in this section shall be construed to 135
prohibit a student to possess and self-apply nonprescription 136
topical ointment designed to prevent sunburn while on school 137
134HB110-HC1477X1/BJD
HC1477X1 Page 6
property or at a school-sponsored event without written 138

authorization or instructions from a healthcare provider. The 139
policy adopted by a school district or chartered nonpublic school 140
pursuant to this section shall not require written authorization 141
from a health care provider, but may require parental 142
authorization, for the possession or application of such 143
sunscreen. A designated person employed by the board of education 144
of a school district or governing authority of a chartered 145
nonpublic school shall apply sunscreen to a student in accordance 146
with the school district's or governing authority's policy upon 147
request." 148
SYNOPSIS
Policy for nonpublic school employees to administer 150

prescription drugs to students 151
R.C. 3313.713 152
Authorizes chartered nonpublic schools to adopt a policy for 153

school employees to administer prescription drugs to students. 154
(Currently, employees of these schools are expressly permitted to 155
administer only specified medications, including glucagon, 156
insulin, epinephrine, and metered dose inhalers or dry powder 157
inhalers.) 158
134HB110-HC1477X1/BJD
HC1482
Sub. H.B. 110

L-134-0001-3
"Sec. 4301.03. The liquor control commission may adopt and 4

promulgate, repeal, rescind, and amend, in the manner required by 5
this section, rules, standards, requirements, and orders necessary 6
to carry out this chapter and Chapter 4303. of the Revised Code, 7
but all rules of the board of liquor control that were in effect 8
immediately prior to April 17, 1963, shall remain in full force 9
and effect as rules of the liquor control commission until and 10
unless amended or repealed by the liquor control commission. The 11
rules of the commission may include the following: 12
(A) Rules with reference to applications for and the issuance 13

of permits for the manufacture, distribution, transportation, and 14
sale of beer and intoxicating liquor, and the sale of alcohol; and 15
rules governing the procedure of the division of liquor control in 16
the suspension, revocation, and cancellation of those permits; 17
(B) Rules and orders providing in detail for the conduct of 18

any retail business authorized under permits issued pursuant to 19
this chapter and Chapter 4303. of the Revised Code, with a view to 20
134HB110-HC1482/AY
HC1482 Page 2
21
ensuring compliance with those chapters and laws relative to them,
22
and the maintenance of public decency, sobriety, and good order in
23
any place licensed under the permits. No rule or order shall
24
prohibit the operation of video lottery terminal games at a
25
commercial race track where live horse racing and simulcasting are
26
conducted in accordance with Chapter 3769. of the Revised Code or
27
the sale of lottery tickets issued pursuant to Chapter 3770. of
28
the Revised Code by any retail business authorized under permits
29
issued pursuant to that chapter.
No rule or order shall prohibit pari-mutuel wagering on 30

simulcast horse races at a satellite facility that has been issued 31
a D liquor permit under Chapter 4303. of the Revised Code. No rule 32
or order shall prohibit a charitable organization that holds a D-4 33
permit from selling or serving beer or intoxicating liquor under 34
its permit in a portion of its premises merely because that 35
portion of its premises is used at other times for the conduct of 36
a bingo game, as described in division (O) of section 2915.01 of 37
the Revised Code. However, such an organization shall not sell or 38
serve beer or intoxicating liquor or permit beer or intoxicating 39
liquor to be consumed or seen in the same location in its premises 40
where a bingo game, as described in division (O)(1) of section 41
2915.01 of the Revised Code, is being conducted while the game is 42
being conducted. As used in this division, "charitable 43
organization" has the same meaning as in division (H) of section 44
2915.01 of the Revised Code. No rule or order pertaining to 45
visibility into the premises of a permit holder after the legal 46
hours of sale shall be adopted or maintained by the commission. 47
(C) Standards, not in conflict with those prescribed by any 48

law of this state or the United States, to secure the use of 49
proper ingredients and methods in the manufacture of beer, mixed 50
beverages, and wine to be sold within this state; 51
134HB110-HC1482/AY
HC1482 Page 3
(D) Rules determining the nature, form, and capacity of all 52

packages and bottles to be used for containing beer or 53
intoxicating liquor, except for spirituous liquor to be kept or 54
sold, governing the form of all seals and labels to be used on 55
those packages and bottles; 56
(E) Rules requiring the label on every package, bottle, and 57

container to state all of the following, as applicable: 58
(1) The ingredients in the contents; 59
(2) Except for beer, the terms of weight, volume, or proof 60

spirits; 61
(3) Except for spirituous liquor, whether the product is 62

beer, wine, alcohol, or any intoxicating liquor; 63
(4) Regarding beer that contains more than twelve per cent of 64
alcohol by volume, the percentage of alcohol by volume and that 65
the beer is a "high alcohol beer." 66
(F) Uniform rules governing all advertising with reference to 67

the sale of beer and intoxicating liquor throughout the state and 68
advertising upon and in the premises licensed for the sale of beer 69
or intoxicating liquor; 70
(G) Rules restricting and placing conditions upon the 71

transfer of permits; 72
(H) Rules and orders limiting the number of permits of any 73

class within the state or within any political subdivision of the 74
state; and, for that purpose, adopting reasonable classifications 75
of persons or establishments to which any authorized class of 76
permits may be issued within any political subdivision; 77
(I) Rules and orders with reference to sales of beer and 78

intoxicating liquor on Sundays and holidays and with reference to 79
134HB110-HC1482/AY
HC1482 Page 4
80
the hours of the day during which and the persons to whom
81
intoxicating liquor of any class may be sold, and rules with
82
reference to the manner of sale;
(J) Rules requiring permit holders buying beer to pay and 83

permit holders selling beer to collect minimum cash deposits for 84
kegs, cases, bottles, or other returnable containers of the beer; 85
requiring the repayment, or credit, of the minimum cash deposit 86
charges upon the return of the empty containers; and requiring the 87
posting of such form of indemnity or such other conditions with 88
respect to the charging, collection, and repayment of minimum cash 89
deposit charges for returnable containers of beer as are necessary 90
to ensure the return of the empty containers or the repayment upon 91
that return of the minimum cash deposits paid; 92
(K) Rules establishing the method by which alcohol products 93

may be imported for sale by wholesale distributors and the method 94
by which manufacturers and suppliers may sell alcohol products to 95
wholesale distributors. 96
Every rule, standard, requirement, or order of the commission 97

and every repeal, amendment, or rescission of them shall be posted 98
for public inspection in the principal office of the commission 99
and the principal office of the division of liquor control, and a 100
certified copy of them shall be filed in the office of the 101
secretary of state. An order applying only to persons named in it 102
shall be served on the persons affected by personal delivery of a 103
certified copy, or by mailing a certified copy to each person 104
affected by it or, in the case of a corporation, to any officer or 105
agent of the corporation upon whom a service of summons may be 106
served in a civil action. The posting and filing required by this 107
section constitutes sufficient notice to all persons affected by 108
such rule or order which is not required to be served. General 109
134HB110-HC1482/AY
HC1482 Page 5
110
rules of the commission promulgated pursuant to this section shall
111
be published in the manner the commission determines."
In line 43060, strike through "at other times" 112
In line 43062, strike through everything after the period 113
Strike through lines 43063 through 43066 114
In line 43067, strike through "conducted." 115
SYNOPSIS
Serving of alcohol during bingo 117
R.C. 4301.03 and 4303.17 118
Eliminates a prohibition against the sales, service, and 119

consumption of beer or intoxicating liquor on a D-4 liquor permit 120
premises while bingo is being conducted. (The D-4 permit allows a 121
club to sell beer and intoxicating liquor to its members for 122
on-premises consumption.) 123
134HB110-HC1482/AY
HC1486
Sub. H.B. 110
L-134-0001-3
1 After line 76439, insert:
2 "Section 743.__. (A) As used in this section:
3 (1) "Liquor permit holder" means the holder of a permit
4 issued under Chapter 4303. of the Revised Code.
5 (2) "Rule" means rule 4301:1-1-13, rule 4301:1-1-80, or
6 rule 4301:1-1-52(B)(1) of the Administrative Code.
7 (B) Notwithstanding any provision of the Revised Code to
8 the contrary, if a liquor permit holder's permit has been
9 revoked as a result of a violation of a rule and the violation
10 occurred on or after March 14, 2020, but prior to the effective
11 date of this section, the Liquor Control Commission shall
12 reinstate the liquor permit holder's permit if, within sixty
13 days of the effective date of this section, the permit holder
14 pays a fine of $2,500 to the Commission.
15 (C) For each permit that is reinstated under division (B)
16 of this section, the Liquor Control Commission shall notify each
17 of the following of the reinstatement:
18 (1) The liquor permit holder whose permit is reinstated;
Legislative Service Commission -1- 134HB110-HC1486/th

HC1486
19 (2) The Division of Liquor Control and the Investigative
20 Unit of the Department of Public Safety. Following receipt of
21 the notification, the Division and the Investigative Unit shall
22 delete any records of the revocation.
23 (3) The General Assembly as provided in division (B) of
24 section 101.68 of the Revised Code."
26 SYNOPSIS
27 Reinstatement of liquor permits
28 Section 743.__
29 Requires the Liquor Control Commission to reinstate a

30 liquor permit holder's permit if:
31 --The permit holder's permit has been revoked as a result

32 of a violation of certain rules governing COVID-19 and
33 disorderly conduct;
34 --The violation occurred between March 14, 2020, and the

35 provision's effective date; and
36 --The permit holder pays a fine of $2,500.
37 For each permit that has been reinstated, requires the

38 Commission to notify certain entities of the reinstatement,
39 including the liquor permit holder whose permit has been
40 reinstated and the Division of Liquor Control and the
41 Investigative Unit of the Department of Public Safety.

HC1487-2
Sub. H.B. 110
L-134-0001-3
1 ________________________________ moved to amend as follows:
2 After line 74416a, insert:
3 "5VZ0 090615 State Pay for Success $1,000,000 $0"
4 Contract Fund
5 In line 74419, add $1,000,000 to fiscal year 2022
8 "Section 413.50. STATE PAY FOR SUCCESS CONTRACT FUND
9 The foregoing appropriation item 090615, State Pay for
10 Success Contract Fund, shall be used to fund a pay for success
11 contract pursuant to sections 113.60 to 113.62 of the Revised
12 Code, and an independent evaluator contract. The Treasurer of
13 State, in consultation with the Director of Administrative
14 Services, shall enter into a pay for success contract with
15 OneFifteen Recovery, which may serve as both the service
16 intermediary and service provider, and any service providers as
17 required and as identified by the service intermediary, for the
18 purpose of delivering the Providing Rigorous Outcomes Generating
19 Reliable Effects and Strengthening Systems (PROGRESS) Program
20 pursuant to a pay for success contract. As the service

HC1487X2
21 intermediary, OneFifteen Recovery may subcontract with one or
22 more service providers to deliver the project, pursuant to
23 section 113.60 of the Revised Code. The Treasurer of State, in
24 consultation with the Director of Administrative Services, shall
25 initiate a contract with an independent evaluator.
26 Any unexpended and unencumbered amount of the appropriation
27 item 090615, State Pay for Success Contract Fund, remaining at
28 the end of fiscal year 2022 is hereby reappropriated in fiscal
29 year 2023, to be used for the same purpose."
31 "Section 512.50. GENERAL REVENUE FUND TRANSFER TO STATE PAY
32 FOR SUCCESS CONTRACT FUND
33 The Director of Budget and Management shall transfer
34 $1,000,000 cash from the General Revenue Fund to the State Pay
35 for Success Contract Fund (Fund 5VZ0) on July 1, 2021, or as
36 soon as possible thereafter."
38 SYNOPSIS
39 State Pay for Success Contract
40 Sections 413.10, 413.50, and 512.50
41 Requires the Treasurer of State, in consultation with the

42 Director of Administrative Services, to initiate a pay for
43 success contract with OneFifteen Recovery, to deliver the

HC1487X2
44 PROGRESS Program, and appropriates $1.0 million from DPF Fund

45 5VZ0 in FY 2022 for the purpose. Requires the Director of Budget
46 and Management to transfer $1,000,000 from the GRF to the State
47 Pay for Success Contract Fund (Fund 5VZ0) on July 1, 2021, or as
48 soon as possible thereafter, to fund the program. Reappropriates
49 any unused and unencumbered moneys at the end of FY 2022 to be
50 used in FY 2023 for the same purpose.

HC1498X1
Sub. H.B. 110
L-134-0001-3
2 "GRF 600552 Gracehaven Pilot Program $259,685 $0"
3 In line 69277, add $259,685 to fiscal year 2022
6 "Section 307.146. GRACEHAVEN PILOT PROGRAM
7 The foregoing appropriation item 600552, Gracehaven Pilot
8 Program, shall be used to support the creation and operation of
9 Gracehaven locations to provide community-based services to
10 women under eighteen years of age that have been victims of
11 human trafficking."
13 SYNOPSIS
14 Department of Job and Family Services
15 Sections 307.10 and 307.146
16 Appropriates $259,685 in FY 2022 to GRF appropriation item

17 600552, Gracehaven Pilot Program. Requires the appropriation to
18 be used to support the creation and operation of Gracehaven
19 locations to provide community-based services to women under the
20 age of 18 that have been victims of human trafficking.

HC1505X2
Sub. H.B. 110
L-134-0001-3
2 "Section 715.__. (A) As used in this section, "recreational
3 trail" means a public trail that is used for hiking, bicycling,
4 horseback riding, ski touring, canoeing, or other nonmotorized
5 forms of recreational travel.
6 (B) No park district created under Chapter 1545. of the
7 Revised Code and located in a county with not less than 220,000
8 and not more than 240,000 residents according to the most recent
9 available federal decennial census shall appropriate property
10 pursuant to Chapter 163. of the Revised Code for the purpose of
11 providing a recreational trail.
12 (C) This section expires on July 1, 2026."
14 SYNOPSIS
15 Use of eminent domain to provide recreational trails
16 Section 715.__
17 Prohibits park districts in counties with 220,000 to

18 240,000 residents from using eminent domain to appropriate
19 property for recreational trails.
20 Sets an expiration date of July 1, 2026, for the

21 prohibition.
HC1506X1
Sub. H.B. 110

L-134-0001-3
"Section 751.___. (A) There is hereby created the Task Force 2

on Streamlining County Level-Information Access to make 3
recommendations on how county departments of job and family 4
services, child support enforcement agencies, public children 5
services agencies, and county OhioMeansJobs centers can streamline 6
access to information across information technology systems. 7
(B) The Task Force shall consist of sixteen members as 8

follows: 9
(1) Two members, appointed by the Speaker of the House of 10

Representatives, shall be members of the House of Representatives, 11
with one member from the majority party and one member from the 12
minority party; 13
(2) Two members, appointed by the President of the Senate, 14

shall be members of the Senate, with one member from the majority 15
party and one member from the minority party; 16
(3) The Director of Job and Family Services, or the 17

Director's designee; 18
(4) The Medicaid Director, or the Director's designee; 19
(5) The Director of Administrative Services, or the 20
134HB110-HC1506X1/BJD
HC1506X1 Page 2
21
Director's designee;
(6) Three representatives of the Ohio Job and Family Services 22

Director's Association, appointed by the Association, with one 23
representative each from a small, medium, and large county, 24
respectively; 25
(7) Three representatives of the Public Children Services 26

Association of Ohio, appointed by the Agency, with one 27
representative each from a small, medium, and large county, 28
respectively; 29
(8) Three representatives of the Ohio Child Support 30

Enforcement Agency Director's Association, appointed by the 31
Association, with one representative each from a small, medium, 32
and large county, respectively. 33
(C) Not later than October 8, 2021, the Task Force shall hold 34
its first meeting. Members shall elect a chairperson at the first 35
meeting. 36
(D) For each meeting, each Director or Director's designee 37

shall select an appropriate subject matter expert from their 38
respective departments, as necessary, to attend the meetings and 39
inform the discussions. 40
(E) A majority of the members constitutes a quorum for the 41

conduct of meetings. The Task Force shall comply with public 42
records and open meetings requirements as described in sections 43
(F) The Task Force shall do all of the following: 45
(1) Identify barriers to efficient operations between 46

information technology systems that affect both department and 47
agency operations and services to clients; 48
134HB110-HC1506X1/BJD
HC1506X1 Page 3
(2) For each identified barrier, explore the feasibility of 49

allowing county employees access to more than one information 50
technology system to provide better service to clients, including 51
by analyzing the flexibility provided and prohibitions under 52
federal law, regulation, guidance, and waivers; 53
(3) Prioritize which barriers should be addressed first based 54

on the outcomes and efficiencies to be gained by improved 55
streamlining processes and information sharing. 56
(G) Not later than February 1, 2022, the Task Force shall 57
submit to the General Assembly a report detailing its findings and 58
recommendations. The Task Force ceases to exist on the submission 59
of its report." 60
SYNOPSIS
Streamlining County Level-Information Access Task Force 61
Section 751.___ 62
Creates the Task Force on Streamlining County 63

Level-Information Access to make recommendations on streamlining 64
information access across information technology systems for the 65
following: 66
-County departments of job and family services; 67
-Child support enforcement agencies; 68
-Public children services agencies; 69
-County OhioMeansJobs centers. 70
Requires the Task Force to do all of the following: 71
134HB110-HC1506X1/BJD
HC1506X1 Page 4
-Identify barriers to efficient operations between 72

information technology systems that affect both department and 73
agency operations and client services; 74
-For each identified barrier, explore the feasibility of 75

allowing county employee access to more than one information 76
technology system; 77
-Prioritize which barriers should be addressed first. 78
Provides for the appointment of Task Force members and 79

establishes requirements for the first meeting, the provision of 80
subject matter experts, and the submission of a report to the 81
General Assembly. 82
134HB110-HC1506X1/BJD
HC1510
Sub. H.B. 110

L-134-0001-3
In line 3 of the title, after "111.48," insert "117.04, 1

117.05, 117.06, 117.22," 2
In line 190, after "111.48," insert "117.04, 117.05, 117.06, 3

117.22," 4
Between lines 2618 and 2619, insert: 5
"Sec. 117.04. The auditor of state shall appoint a chief 6

deputy auditor of state, whose who shall be a certified public 7
accountant with an active Ohio permit. The appointment shall be in 8
writing under the official seal of the auditor of state and 9
recorded in the office of the secretary of state. 10
Sec. 117.05. Before entering upon the discharge of the duties 11

of his office, the chief deputy auditor of state shall give a bond 12
to the auditor of state in the sum of ten thousand dollars, with a 13
surety approved by the auditor of state, conditioned for the 14
faithful discharge of the duties of his the chief deputy's office. 15
16
Sec. 117.06. During the absence or disability of the auditor 17

of state, or when so directed by him the auditor of state, the 18
chief deputy auditor of state may perform all the duties of 19
134HB110-HC1510/AY
HC1510 Page 2
auditor of state. 20
Sec. 117.22. The public accountant conducting an audit under 21

this chapter may request the auditor of state, the chief deputy 22
auditor of state, a deputy inspector and supervisor of public 23
offices, or an assistant auditor of state to exercise any 24
authority granted under section 117.18 of the Revised Code for the 25
purpose of assisting in the conduct of the audit. Assistant 26
auditors of state and experts or other assistants shall be 27
compensated as provided by sections 117.09 and 117.12 of the 28
Revised Code." 29
In line 60801, after "111.48," insert "117.04, 117.05, 30

117.06, 117.22," 31
SYNOPSIS
Auditor of State; Chief Deputy Auditor of State 32
R.C. 117.04, 117.05, 117.06, and 117.22 33
Renames the statutory office, Deputy Auditor of State, to 34

Chief Deputy Auditor of State. 35
Requires that the person appointed to that office be a 36

certified public accountant with an active Ohio permit. 37
134HB110-HC1510/AY
HC1511
Sub. H.B. 110

L-134-0001-3
"Sec. 4501.21. (A) There is hereby created in the state 4

treasury the license plate contribution fund. The fund shall 5
consist of all contributions for specialty license plates paid by 6
motor vehicle registrants and collected by the registrar of motor 7
vehicles pursuant to the Revised Code sections referenced in 8
division (B) of this section. 9
(B) The registrar shall pay the contributions the registrar 10

collects in the fund as follows: 11
The registrar shall pay the contributions received pursuant 12

to section 4503.491 of the Revised Code to the breast cancer fund 13
of Ohio, which shall use that money only to pay for programs that 14
provide assistance and education to Ohio breast cancer patients 15
and that improve access for such patients to quality health care 16
and clinical trials and shall not use any of the money for 17
abortion information, counseling, services, or other 18
abortion-related activities. 19
The registrar shall pay the contributions the registrar 20
134HB110-HC1511/BJD
HC1511 Page 2
21
receives pursuant to section 4503.492 of the Revised Code to the
22
organization cancer support community central Ohio, which shall
23
deposit the money into the Sheryl L. Kraner Fund of that
24
organization. Cancer support community central Ohio shall expend
25
the money it receives pursuant to this division only in the same
26
manner and for the same purposes as that organization expends
27
other money in that fund.

to section 4503.493 of the Revised Code to the autism society of 29
Ohio, which shall use the contributions for programs and autism 30
awareness efforts throughout the state. 31

receives pursuant to section 4503.494 of the Revised Code to the 33
national multiple sclerosis society for distribution in equal 34
amounts to the northwestern Ohio, Ohio buckeye, and Ohio valley 35
chapters of the national multiple sclerosis society. These 36
chapters shall use the money they receive under this section to 37
assist in paying the expenses they incur in providing services 38
directly to their clients. 39

national pancreatic cancer foundation, which shall use the money 42
it receives under this section to assist those who suffer with 43
pancreatic cancer and their families. 44

Ohio sickle cell and health association, which shall use the 47
contributions to help support educational, clinical, and social 48
support services for adults who have sickle cell disease. 49
134HB110-HC1511/BJD
HC1511 Page 3
51
52
St. Baldrick's foundation, which shall use the contributions for
53
its research and other programs.

receives pursuant to section 4503.498 of the Revised Code to 55
special olympics Ohio, inc., which shall use the contributions for 56
its programs, charitable efforts, and other activities. 57

children's glioma cancer foundation, which shall use the 60
contributions for its research and other programs. 61

KylerStrong foundation, which shall use the contributions to raise 64
awareness of brain cancer caused by diffuse intrinsic pontine 65
glioma and to fund research for the cure of such cancer. 66

research institution for childhood cancer at nationwide children's 69
hospital, which shall use the contributions to fund research for 70
the cure of childhood cancers. 71

future farmers of America foundation, which shall deposit the 74
contributions into its general account to be used for educational 75
and scholarship purposes of the future farmers of America 76
foundation. 77

134HB110-HC1511/BJD
HC1511 Page 4
80
4-H youth development program of the Ohio state university
81
extension program, which shall use those contributions to pay the
82
expenses it incurs in conducting its educational activities.

to section 4503.502 of the Revised Code to the Ohio cattlemen's 84
foundation, which shall use those contributions for scholarships 85
and other educational activities. 86

to section 4503.505 of the Revised Code to the organization Ohio 88
region phi theta kappa, which shall use those contributions for 89
scholarships for students who are members of that organization. 90

receives pursuant to section 4503.506 of the Revised Code to Ohio 92
demolay, which shall use the contributions for scholarships, 93
educational programs, and any other programs or events the 94
organization holds or sponsors in this state. 95

to section 4503.508 of the Revised Code to the organization 97
bottoms up diaper drive to provide funding for that organization 98
for collecting and delivering diapers to parents in need. 99

receives pursuant to section 4503.509 of the Revised Code to a kid 101
again, incorporated for distribution in equal amounts to the Ohio 102
chapters of a kid again. 103
The registrar shall pay each contribution the registrar 104

university or college whose name or marking or design appears on 106
collegiate license plates that are issued to a person under that 107
section. A university or college that receives contributions from 108
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109
the fund shall deposit the contributions into its general
110
scholarship fund.

university of Notre Dame in South Bend, Indiana, for purposes of 113
awarding grants or scholarships to residents of Ohio who attend 114
the university. The university shall not use any of the funds it 115
receives for purposes of administering the scholarship program. 116
The registrar shall enter into appropriate agreements with the 117
university of Notre Dame to effectuate the distribution of such 118
funds as provided in this section. 119

Ohio bicycle federation to assist that organization in paying for 122
the educational programs it sponsors in support of Ohio cyclists 123
of all ages. 124

"friends of Perry's victory and international peace memorial, 127
incorporated," a nonprofit corporation organized under the laws of 128
this state, to assist that organization in paying the expenses it 129
incurs in sponsoring or holding charitable, educational, and 130
cultural events at the monument. 131

fairport lights foundation, which shall use the money to pay for 134
the restoration, maintenance, and preservation of the lighthouses 135
of fairport harbor. 136

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139
Massillon tiger football booster club, which shall use the
140
contributions only to promote and support the football team of
141
Washington high school of the Massillon city school district.

United States power squadron districts district seven, eleven, 144
twenty-four, and twenty-nine which shall annually distribute the 145
contributions in equal amounts to all United States power 146
squadrons located in the state. Each power squadron district shall 147
use the money it receives under this section to pay for the 148
educational boating programs each district holds or sponsors 149
within this state. 150

Ohio district Kiwanis foundation of the Ohio district of Kiwanis 153
international, which shall use the money it receives under this 154
section to pay the costs of its educational and humanitarian 155
activities. 156

Ohio children's alliance, which shall use the money it receives 159
under this section to pay the expenses it incurs in advancing its 160
mission of sustainably improving the provision of services to 161
children, young adults, and families in this state. 162

Ohio nurses foundation. The foundation shall use the money it 165
receives under this section to provide educational scholarships to 166
assist individuals who aspire to join the nursing profession, to 167
assist nurses in the nursing profession who seek to advance their 168
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169
education, and to support persons conducting nursing research
170
concerning the evidence-based practice of nursing and the
171
improvement of patient outcomes.

thank you foundation, incorporated, a nonprofit corporation 174
organized under the laws of this state, to assist that 175
organization in paying for the charitable activities and programs 176
it sponsors in support of United States military personnel, 177
veterans, and their families. 178

disabled American veterans department of Ohio, to be used for 181
programs that serve disabled American veterans and their families. 182

pro football hall of fame, which shall deposit the contributions 185
into a special bank account that it establishes and which shall be 186
separate and distinct from any other account the pro football hall 187
of fame maintains, to be used exclusively for the purpose of 188
promoting the pro football hall of fame as a travel destination. 189
The registrar shall pay the contributions that are paid to 190
the registrar pursuant to section 4503.545 of the Revised Code to 191
the national rifle association foundation, which shall use the 192
money to pay the costs of the educational activities and programs 193
the foundation holds or sponsors in this state. 194
The registrar shall pay to the Ohio pet fund the 195
contributions the registrar receives pursuant to section 4503.551 196
of the Revised Code and any other money from any other source, 197
including donations, gifts, and grants, that is designated by the 198
134HB110-HC1511/BJD
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199
source to be paid to the Ohio pet fund. The Ohio pet fund shall
200
use the moneys it receives under this section to support programs
201
for the sterilization of dogs and cats and for educational
202
programs concerning the proper veterinary care of those animals,
203
and for expenses of the Ohio pet fund that are reasonably
204
necessary for it to obtain and maintain its tax-exempt status and
205
to perform its duties.

rock and roll hall of fame and museum, incorporated. 208

Ohio coalition for animals, incorporated, a nonprofit corporation. 211
Except as provided in division (B) of this section, the coalition 212
shall distribute the money to its members, and the members shall 213
use the money only to pay for educational, charitable, and other 214
programs of each coalition member that provide care for unwanted, 215
abused, and neglected horses. The Ohio coalition for animals may 216
use a portion of the money to pay for reasonable marketing costs 217
incurred in the design and promotion of the license plate and for 218
administrative costs incurred in the disbursement and management 219
of funds received under this section. 220

Ohio state council of the knights of Columbus, which shall use the 223
contributions to pay for its charitable activities and programs. 224

western reserve historical society, which shall use the 227
contributions to fund the Crawford auto aviation museum. 228
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Erica J. Holloman foundation, inc., for the awareness of triple 231
negative breast cancer. The foundation shall use the contributions 232
for charitable and educational purposes. 233
The registrar shall pay each contribution the registrar 234

central Ohio chapter of the Ronald McDonald house charities, which 236
shall distribute the contribution to the chapter of the Ronald 237
McDonald house charities in whose geographic territory the person 238
who paid the contribution resides. 239

state of Ohio chapter of ducks unlimited, inc., which shall 242
deposit the contributions into a special bank account that it 243
establishes. The special bank account shall be separate and 244
distinct from any other account the state of Ohio chapter of ducks 245
unlimited, inc., maintains and shall be used exclusively for the 246
purpose of protecting, enhancing, restoring, and managing wetlands 247
and conserving wildlife habitat. The state of Ohio chapter of 248
ducks unlimited, inc., annually shall notify the registrar in 249
writing of the name, address, and account to which such payments 250
are to be made. 251

Mahoning river consortium, which shall use the money to pay the 254
expenses it incurs in restoring and maintaining the Mahoning river 255
watershed. 256

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259
Glen Helen association to pay expenses related to the Glen Helen
260
nature preserve.

conservancy for Cuyahoga valley national park, which shall use the 263
money in support of the park. 264

Ottawa national wildlife refuge, which shall use the contributions 267
for wildlife preservation purposes. 268

girls on the run of Franklin county, inc., which shall use the 271
contributions to support the activities of the organization. 272

Ohio state beekeepers association, which shall use those 275
contributions to promote beekeeping, provide educational 276
information about beekeeping, and to support other state and local 277
beekeeping programs. 278

national aviation hall of fame, which shall use the contributions 281
to fulfill its mission of honoring aerospace legends to inspire 282
future leaders. 283

national council of negro women, incorporated, which shall use the 286
contributions for educational purposes. 287
134HB110-HC1511/BJD
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Ohio sons of the American legion, which shall use the 290
contributions to support the activities of the organization. 291
The registrar shall pay to a sports commission created 292

pursuant to section 4503.591 of the Revised Code each contribution 293
the registrar receives under that section that an applicant pays 294
to obtain license plates that bear the logo of a professional 295
sports team located in the county of that sports commission and 296
that is participating in the license plate program pursuant to 297
division (E) of that section, irrespective of the county of 298
residence of an applicant. 299
The registrar shall pay to a community charity each 300

contribution the registrar receives under section 4503.591 of the 301
Revised Code that an applicant pays to obtain license plates that 302
bear the logo of a professional sports team that is participating 303
in the license plate program pursuant to division (G) of that 304
section. 305

pollinator partnership's monarch wings across Ohio program, which 308
shall use the contributions for the protection and preservation of 309
the monarch butterfly and pollinator corridor in Ohio and for 310
educational programs. 311

pelotonia, which shall use the contributions for the purpose of 314
supporting cancer research. 315

134HB110-HC1511/BJD
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318
Stan Hywet hall and gardens.

Cuyahoga valley scenic railroad. 321

Dan Beard council of the boy scouts of America. The council shall 324
distribute all contributions in an equitable manner throughout the 325
state to regional councils of the boy scouts. 326

girl scouts of Ohio's heartland. The girl scouts of Ohio's 329
heartland shall distribute all contributions in an equitable 330
manner throughout the state to regional councils of the girl 331
scouts. 332

Dan Beard council of the boy scouts of America. The council shall 335
distribute all contributions in an equitable manner throughout the 336
state to regional councils of the boy scouts. 337

charitable foundation of the grand lodge of Ohio, f. & a. m., 340
which shall use the contributions for scholarship purposes. 341

Prince Hall grand lodge of free and accepted masons of Ohio, which 344
shall use the contributions for scholarship purposes. 345
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347
348
Ohio Association of the Improved Benevolent and Protective Order
349
of the Elks of the World, which shall use the funds for charitable
350
purposes.

fraternal order of police of Ohio, incorporated, which shall 353
deposit the fees into its general account to be used for purposes 354
of the fraternal order of police of Ohio, incorporated. 355

fraternal order of police of Ohio, incorporated, which shall 358
deposit the contributions into an account that it creates to be 359
used for the purpose of advancing and protecting the law 360
enforcement profession, promoting improved law enforcement 361
methods, and teaching respect for law and order. 362

to section 4503.712 of the Revised Code to Ohio concerns of police 364
survivors, which shall use those contributions to provide whatever 365
assistance may be appropriate to the families of Ohio law 366
enforcement officers who are killed in the line of duty. 367

to section 4503.713 of the Revised Code to the greater Cleveland 369
peace officers memorial society, which shall use those 370
contributions to honor law enforcement officers who have died in 371
the line of duty and support its charitable purposes. 372

to section 4503.714 of the Revised Code to the Ohio association of 374
chiefs of police. 375
134HB110-HC1511/BJD
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fallen linemen organization, which shall use the contributions to 378
recognize and memorialize fallen linemen and support their 379
families. 380

fallen timbers battlefield preservation commission, which shall 383
use the contributions to further the mission of the commission. 384

organization known on March 31, 2003, as the Ohio CASA/GAL 387
association, a private, nonprofit corporation organized under 388
Chapter 1702. of the Revised Code. The Ohio CASA/GAL association 389
shall use these contributions to pay the expenses it incurs in 390
administering a program to secure the proper representation in the 391
courts of this state of abused, neglected, and dependent children, 392
and for the training and supervision of persons participating in 393
that program. 394

Down Syndrome Association of Central Ohio, which shall use the 397
contributions for advocacy purposes throughout the state. 398

Ohio Chapter of the American Foundation for Suicide Prevention, 401
which shall use the contributions for programs, education, and 402
advocacy purposes throughout the state. 403

134HB110-HC1511/BJD
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406
ALS association central & southern Ohio chapter, which shall split
407
the contributions between that chapter and the ALS association
408
northern Ohio chapter in accordance with any agreement between the
409
two associations. The contributions shall be used to discover
410
treatments and a cure for ALS, and to serve, advocate for, and
411
empower people affected by ALS to live their lives to the fullest.

receives pursuant to section 4503.73 of the Revised Code to Wright 413
B. Flyer, incorporated, which shall deposit the contributions into 414
its general account to be used for purposes of Wright B. Flyer, 415
incorporated. 416

Siegel Shuster society, a nonprofit organization dedicated to 419
commemorating and celebrating the creation of Superman in 420
Cleveland, Ohio. 421

central Ohio chapter of the juvenile diabetes research foundation, 424
which shall distribute the contributions to the chapters of the 425
juvenile diabetes research foundation in whose geographic 426
territory the person who paid the contribution resides. 427

Ohio highway patrol auxiliary foundation, which shall use the 430
contributions to fulfill the foundation's mission of supporting 431
law enforcement education and assistance. 432

Columbus zoological park association, which shall disburse the 435
134HB110-HC1511/BJD
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436
moneys to Ohio's major metropolitan zoos, as defined in section
437
4503.74 of the Revised Code, in accordance with a written
438
agreement entered into by the major metropolitan zoos.

rotary foundation, located on March 31, 2003, in Evanston, 441
Illinois, to be placed in a fund known as the permanent fund and 442
used to endow educational and humanitarian programs of the rotary 443
foundation. 444

Ohio association of realtors, which shall deposit the 447
contributions into a property disaster relief fund maintained 448
under the Ohio realtors charitable and education foundation. 449

buckeye corvettes, incorporated, which shall use the contributions 452
to pay for its charitable activities and programs. 453

municipal corporation of Twinsburg. 456

Ohio history connection to be used solely to build, support, and 459
maintain the Ohio battleflag collection within the Ohio history 460
connection. 461

Medina county historical society, which shall use those 464
134HB110-HC1511/BJD
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465
contributions to distribute between the various historical
466
societies and museums in Medina county.

Amaranth grand chapter foundation, which shall use the 469
contributions for communal outreach, charitable service, and 470
scholarship purposes. 471

receives pursuant to section 4503.767 of the Revised Code to folds 473
of honor of central Ohio, which shall use the contributions to 474
provide scholarships to spouses and children either of disabled 475
veterans or of members of any branch of the armed forces who died 476
during their service. 477

Ohio sea grant college program to be used for Lake Erie area 480
research projects. 481

Ohio Lincoln highway historic byway, which shall use those 484
contributions solely to promote and support the historical 485
preservation and advertisement of the Lincoln highway in this 486
state. 487

Grove City little league dream field fund, which shall use those 490
contributions solely to build, maintain, and improve youth 491
baseball fields within the municipal corporation of Grove City. 492
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494
495
Solon city school district. The school district shall use the
496
contributions it receives to pay the expenses it incurs in
497
providing services to the school district's students that assist
498
in developing or maintaining the mental and emotional well-being
499
of the students. The services provided may include bereavement
500
counseling, instruction in defensive driving techniques,
501
sensitivity training, and the counseling and education of students
502
regarding bullying, dating violence, drug abuse, suicide
503
prevention, and human trafficking. The school district
504
superintendent or, in the school district superintendent's
505
discretion, the appropriate school principal or appropriate school
506
counselors shall determine any charitable organizations that the
507
school district hires to provide those services. The school
508
district also may use the contributions it receives to pay for
509
members of the faculty of the school district to receive training
510
in providing such services to the students of the school district.
511
The school district shall ensure that any charitable organization
512
that is hired by the district is exempt from federal income
513
taxation under subsection 501(c)(3) of the Internal Revenue Code.
514
The school district shall not use the contributions it receives
515
for any other purpose.

Canton city school district. The district may use the 518
contributions for student welfare, but shall not use the 519
contributions for any political purpose or to pay salaries of 520
district employees. 521

receives pursuant to section 4503.873 of the Revised Code to Padua 523
Franciscan high school located in the municipal corporation of 524
134HB110-HC1511/BJD
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525
Parma. The school shall use fifty per cent of the contributions it
526
receives to provide tuition assistance to its students. The school
527
shall use the remaining fifty per cent to pay the expenses it
528
incurs in providing services to the school's students that assist
529
530
531
532
533
534
prevention, and human trafficking. As a part of providing such
535
services, the school may pay for members of the faculty of the
536
school to receive training in providing those services. The school
537
principal or, in the school principal's discretion, appropriate
538
school counselors shall determine any charitable organizations
539
that the school hires to provide those services. The school shall
540
ensure that any such charitable organization is exempt from
541
federal income taxation under subsection 501(c)(3) of the Internal
542
Revenue Code. The school shall not use the contributions it
543
receives for any other purpose.

receives pursuant to section 4503.874 of the Revised Code to St. 545
Edward high school located in the municipal corporation of 546
Lakewood. The school shall use fifty per cent of the contributions 547
it receives to provide tuition assistance to its students. The 548
school shall use the remaining fifty per cent to pay the expenses 549
it incurs in providing services to the school's students that 550
assist in developing or maintaining the mental and emotional 551
well-being of the students. The services provided may include 552
bereavement counseling, instruction in defensive driving 553
techniques, sensitivity training, and the counseling and education 554
of students regarding bullying, dating violence, drug abuse, 555
134HB110-HC1511/BJD
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556
suicide prevention, and human trafficking. As a part of providing
557
such services, the school may pay for members of the faculty of
558
the school to receive training in providing those services. The
559
school principal or, in the school principal's discretion,
560
appropriate school counselors shall determine any charitable
561
organizations that the school hires to provide those services. The
562
school shall ensure that any such charitable organization is
563
exempt from federal income taxation under subsection 501(c)(3) of
564
the Internal Revenue Code. The school shall not use the
565
contributions it receives for any other purpose.

receives pursuant to section 4503.875 of the Revised Code to Walsh 567
Jesuit high school located in the municipal corporation of 568
Cuyahoga Falls. The school shall use fifty per cent of the 569
contributions it receives to provide tuition assistance to its 570
students. The school shall use the remaining fifty per cent to pay 571
the expenses it incurs in providing services to the school's 572
students that assist in developing or maintaining the mental and 573
emotional well-being of the students. The services provided may 574
include bereavement counseling, instruction in defensive driving 575
suicide prevention, and human trafficking. As a part of providing 578
such services, the school may pay for members of the faculty of 579
the school to receive training in providing those services. The 580
school principal or, in the school principal's discretion, 581
appropriate school counselors shall determine any charitable 582
organizations that the school hires to provide those services. The 583
school shall ensure that any such charitable organization is 584
exempt from federal income taxation under subsection 501(c)(3) of 585
the Internal Revenue Code. The school shall not use the 586
134HB110-HC1511/BJD
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587

North Royalton city school district. The school district shall use 590
the contributions it receives to pay the expenses it incurs in 591
providing services to the school district's students that assist 592
in developing or maintaining the mental and emotional well-being 593
of the students. The services provided may include bereavement 594
counseling, instruction in defensive driving techniques, 595
sensitivity training, and the counseling and education of students 596
regarding bullying, dating violence, drug abuse, suicide 597
prevention, and human trafficking. The school district 598
superintendent or, in the school district superintendent's 599
discretion, the appropriate school principal or appropriate school 600
counselors shall determine any charitable organizations that the 601
school district hires to provide those services. The school 602
district also may use the contributions it receives to pay for 603
members of the faculty of the school district to receive training 604
in providing such services to the students of the school district. 605
The school district shall ensure that any charitable organization 606
that is hired by the district is exempt from federal income 607
taxation under subsection 501(c)(3) of the Internal Revenue Code. 608
The school district shall not use the contributions it receives 609
for any other purpose. 610

Independence local school district. The school district shall use 613
the contributions it receives to pay the expenses it incurs in 614
134HB110-HC1511/BJD
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618
619
620
621
prevention, and human trafficking. The school district
622
623
624
625
626
627
628
629
630
631
632
633

Cuyahoga Heights local school district. The school district shall 636
use the contributions it receives to pay the expenses it incurs in 637
prevention, and human trafficking. The school district 644
counselors, shall determine any charitable organizations that the 647
134HB110-HC1511/BJD
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649
650
651
652
653
654
655
656

west technical high school alumni association, which shall use the 659
contributions for activities sponsored by the association. 660

Kenston local school district. The school district shall use the 663
contributions it receives to pay the expenses it incurs in 664
providing services that assist in developing or maintaining a 665
culture of environmental responsibility and an innovative science, 666
technology, engineering, art, and math (S.T.E.A.M.) curriculum to 667
the school district's students. The school district shall not use 668
the contributions it receives for any other purpose. 669

receives pursuant to section 4503.881 of the Revised Code to La 671
Salle high school in the municipal corporation of Cincinnati. The 672
high school shall not use the contributions it receives for any 673
political purpose. 674

John's Jesuit high school and academy located in the municipal 677
corporation of Toledo. The school shall use the contributions it 678
134HB110-HC1511/BJD
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679
receives to provide tuition assistance for students attending the
680
school.

Charles preparatory school located in the municipal corporation of 683
Columbus, which shall use the contributions for the school's 684
alumni association and the alumni association's purposes. 685

Archbishop Moeller high school located in the municipal 688
corporation of Cincinnati. The high school shall not use the 689
contributions it receives for any political purpose. 690

American red cross of greater Columbus on behalf of the Ohio 693
chapters of the American red cross, which shall use the 694
contributions for disaster readiness, preparedness, and response 695
programs on a statewide basis. 696

Ohio lions foundation. The foundation shall use the contributions 699
for charitable and educational purposes. 700

Hudson city school district. The school district shall not use the 703
contributions it receives for any political purpose. 704

Harrison Central jr./sr. high school located in the municipal 707
134HB110-HC1511/BJD
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708
corporation of Cadiz.

Cleveland clinic foundation, which shall use the contributions to 711
support Cleveland clinic children's education, research, and 712
patient services. 713

nationwide children's hospital foundation. 716

Ohio association for pupil transportation, which shall use the 719
money to support transportation programs, provide training to 720
school transportation professionals, and support other initiatives 721
for school transportation safety. 722

Ignatius high school located in the municipal corporation of 725
Cleveland. The school shall use fifty per cent of the 726
contributions it receives to provide tuition assistance to its 727
suicide prevention, and human trafficking. As a part of providing 735
such services, the school may pay for members of the faculty of 736
the school to receive training in providing those services. The 737
134HB110-HC1511/BJD
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738
739
740
741
742
743
744

Brecksville-Broadview Heights city school district. The school 747
district shall use the contributions it receives to pay the 748
expenses it incurs in providing services to the school district's 749
suicide prevention, and human trafficking. The school district 755
counselors shall determine any charitable organizations that the 758
district also may use the contributions it receives to pay for 760
members of the faculty of the school district to receive training 761
in providing such services to the students of the school district. 762
The school district shall ensure that any charitable organization 763
that is hired by the district is exempt from federal income 764
taxation under subsection 501(c)(3) of the Internal Revenue Code. 765
The school district shall not use the contributions it receives 766
for any other purpose. 767
134HB110-HC1511/BJD
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769
770
Chagrin Falls exempted village school district. The school
771
district shall use the contributions it receives to pay the
772
expenses it incurs in providing services to the school district's
773
students that assist in developing or maintaining the mental and
774
emotional well-being of the students. The services provided may
775
include bereavement counseling, instruction in defensive driving
776
techniques, sensitivity training, and the counseling and education
777
of students regarding bullying, dating violence, drug abuse,
778
suicide prevention, and human trafficking. The school district
779
780
781
782
783
784
785
786
787
788
789
790

Cuyahoga valley career center. The career center shall use the 793
contributions it receives to pay the expenses it incurs in 794
providing services to the career center's students that assist in 795
developing or maintaining the mental and emotional well-being of 796
the students. The services provided may include bereavement 797
134HB110-HC1511/BJD
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800
801
prevention, and human trafficking. The career center's
802
superintendent or in the career center's superintendent's
803
discretion, the school board or appropriate school counselors
804
shall determine any charitable organizations that the career
805
center hires to provide those services. The career center also may
806
use the contributions it receives to pay for members of the
807
faculty of the career center to receive training in providing such
808
services to the students of the career center. The career center
809
shall ensure that any charitable organization that is hired by the
810
career center is exempt from federal income taxation under
811
subsection 501(c)(3) of the Internal Revenue Code. The career
812
center shall not use the contributions it receives for any other
813
purpose.

Stow-Munroe Falls city school district. The school district shall 816
not use the contributions it receives for any political purpose. 817

Twinsburg city school district. The school district shall not use 820
the contributions it receives for any political purpose. 821

Xavier high school located in Springfield township in Hamilton 824
county. The school shall use fifty per cent of the contributions 825
it receives to provide tuition assistance to its students. The 826
school shall use the remaining fifty per cent to pay the expenses 827
it incurs in providing services to the school's students that 828
assist in developing or maintaining the mental and emotional 829
134HB110-HC1511/BJD
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830
well-being of the students. The services provided may include
831
bereavement counseling, instruction in defensive driving
832
techniques, sensitivity training, and the counseling and education
833
of students regarding bullying, dating violence, drug abuse,
834
835
836
837
838
839
840
841
842
843

Grandview Heights city school district, which shall use the 846
contributions for its gifted programs and special education and 847
related services. 848

to section 4503.92 of the Revised Code to support our troops, 850
incorporated, a national nonprofit corporation, which shall use 851
those contributions in accordance with its articles of 852
incorporation and for the benefit of servicemembers of the armed 853
forces of the United States and their families when they are in 854
financial need. 855

to section 4503.931 of the Revised Code to healthy New Albany, 857
which shall use the contributions for its community programs, 858
events, and other activities. 859
134HB110-HC1511/BJD
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habitat for humanity of Ohio, inc., which shall use the 862
contributions for its projects related to building affordable 863
houses. 864

Michelle's leading star foundation, which shall use the money 867
solely to fund the rental, lease, or purchase of the simulated 868
driving curriculum of the Michelle's leading star foundation by 869
boards of education of city, exempted village, local, and joint 870
vocational school districts. 871

Ohio chapter international society of arboriculture, which shall 874
use the money to increase consumer awareness on the importance of 875
proper tree care and to raise funds for the chapter's educational 876
efforts. 877

to section 4503.942 of the Revised Code to zero, the end of 879
prostate cancer, incorporated, a nonprofit organization, which 880
shall use those contributions to raise awareness of prostate 881
cancer, to support research to end prostate cancer, and to support 882
prostate cancer patients and their families. 883

eastern European congress of Ohio, which shall use the 886
contributions for charitable and educational purposes. 887

134HB110-HC1511/BJD
HC1511 Page 31
890
Summit metro parks foundation, which shall use the money in
891
support of the Summit county metro parks.

Cincinnati city school district. 894

Hawken school located in northeast Ohio. The school shall use 897
fifty per cent of the contributions it receives to provide tuition 898
assistance to its students. The school shall use the remaining 899
fifty per cent to pay the expenses it incurs in providing services 900
to the school's students that assist in developing or maintaining 901
the mental and emotional well-being of the students. The services 902
provided may include bereavement counseling, instruction in 903
defensive driving techniques, sensitivity training, and the 904
counseling and education of students regarding bullying, dating 905
violence, drug abuse, suicide prevention, and human trafficking. 906
As a part of providing such services, the school may pay for 907
members of the faculty of the school to receive training in 908
providing those services. The school principal or, in the school 909
principal's discretion, appropriate school counselors shall 910
determine any charitable organizations that the school hires to 911
provide those services. The school shall ensure that any such 912
charitable organization is exempt from federal income taxation 913
under subsection 501(c)(3) of the Internal Revenue Code. The 914
school shall not use the contributions it receives for any other 915
purpose. 916

Gilmour academy located in the municipal corporation of Gates 919
134HB110-HC1511/BJD
HC1511 Page 32
920
Mills. The school shall use fifty per cent of the contributions it
921
receives to provide tuition assistance to its students. The school
922
shall use the remaining fifty per cent to pay the expenses it
923
incurs in providing services to the school's students that assist
924
925
926
927
928
929
prevention, and human trafficking. As a part of providing such
930
services, the school may pay for members of the faculty of the
931
school to receive training in providing those services. The school
932
principal or, in the school principal's discretion, appropriate
933
school counselors shall determine any charitable organizations
934
that the school hires to provide those services. The school shall
935
ensure that any such charitable organization is exempt from
936
federal income taxation under subsection 501(c)(3) of the Internal
937
Revenue Code. The school shall not use the contributions it
938

University school located in the suburban area near the municipal 941
corporation of Cleveland. The school shall use fifty per cent of 942
the contributions it receives to provide tuition assistance to its 943
134HB110-HC1511/BJD
HC1511 Page 33
951
952
953
954
955
956
957
958
959
960

receives pursuant to section 4503.955 of the Revised Code to Saint 962
Albert the Great school located in North Royalton. The school 963
shall use fifty per cent of the contributions it receives to 964
provide tuition assistance to its students. The school shall use 965
the remaining fifty per cent to pay the expenses it incurs in 966
providing services to the school's students that assist in 967
developing or maintaining the mental and emotional well-being of 968
the students. The services provided may include bereavement 969
prevention, and human trafficking. As a part of providing such 973
services, the school may pay for members of the faculty of the 974
school to receive training in providing those services. The school 975
principal or, in the school principal's discretion, appropriate 976
school counselors shall determine any charitable organizations 977
that the school hires to provide those services. The school shall 978
ensure that any such charitable organization is exempt from 979
federal income taxation under subsection 501(c)(3) of the Internal 980
Revenue Code. The school shall not use the contributions it 981
134HB110-HC1511/BJD
HC1511 Page 34
982

Liberty Center local school district, which shall use the 985
contributions for its gifted programs and special education and 986
related services. 987

receives pursuant to section 4503.957 of the Revised Code to John 989
F. Kennedy Catholic school located in Warren. The school shall not 990
use the contributions it receives for any political purpose. 991

receives pursuant to section 4503.958 of the Revised Code to Elder 993
high school located in the municipal corporation of Cincinnati. 994
The school shall use fifty per cent of the contributions it 995
receives to provide tuition assistance to its students, 996
twenty-five per cent of the contributions to benefit arts and 997
enrichment at the school, and twenty-five per cent of the 998
contributions to benefit athletics at the school. 999

Fairfield senior high school located in the municipal corporation 1002
of Fairfield. The high school shall not use the contributions for 1003
any political purpose. 1004

Hamilton high school located in the municipal corporation of 1007
Hamilton. The high school shall not use the contributions for any 1008
political purpose. 1009
134HB110-HC1511/BJD
HC1511 Page 35
1011
receives pursuant to section 4503.963 of the Revised Code to Ross
1012
high school located in Ross township in Butler county. The high
1013
school shall not use the contributions for any political purpose.

friends of united Hatzalah of Israel, which shall use the money to 1016
support united Hatzalah of Israel, which provides free emergency 1017
medical first response throughout Israel. 1018

Westerville parks foundation to support the programs and 1021
activities of the foundation and its mission of pursuing the city 1022
of Westerville's vision of becoming "A City Within A Park." 1023
(C) All investment earnings of the license plate contribution 1024

fund shall be credited to the fund. Not later than the first day 1025
of May of every year, the registrar shall distribute to each 1026
entity described in division (B) of this section the investment 1027
income the fund earned the previous calendar year. The amount of 1028
such a distribution paid to an entity shall be proportionate to 1029
the amount of money the entity received from the fund during the 1030
previous calendar year." 1031
SYNOPSIS
U.S. Power Squadron License Plate distribution 1033
R.C. 4501.21 1034
134HB110-HC1511/BJD
HC1511 Page 36
Revises the distribution of contributions the Registrar of 1035

Motor Vehicles receives from issuance of U.S. Power Squadron 1036
License Plates by requiring U.S. Power Squadron District 7 1037
(Mansfield) to annually distribute the contributions in equal 1038
amounts to all U.S. Power Squadrons in Ohio, rather than requiring 1039
the Registrar to distribute the contributions in equal amounts to 1040
U.S. Power Squadron Districts 7, 11, 24, and 29 as in current law. 1041
134HB110-HC1511/BJD
HC1512
Sub. H.B. 110

L-134-0001-3

117.13, 117.22," 2
In line 190, after "111.48," insert "117.09, 117.13, 117.22," 3
"Sec. 117.09. By The auditor of state, by virtue of the 5

office, the auditor of state shall be the chief inspector and 6
supervisor of lead public official responsible for the 7
examination, analysis, inspection, and audits of all public 8
offices and. The auditor of state may hire, appoint not more than 9
six deputy inspectors and supervisors and a clerk. Not more than 10
three deputy inspectors and supervisors shall belong to the same 11
political party. 12
The auditor of state shall appoint such state examiners as 13

are necessary, who shall be known as assistant auditors of state, 14
and such additional employees as the auditor of state requires. No 15
person shall be appointed an assistant auditor of state unless the 16
person holds a baccalaureate degree from an accredited college or 17
university, or has successfully completed at least sixteen 18
semester hours or the equivalent in accounting or a related field 19
from an accredited college or university or an accredited trade, 20
134HB110-HC1512/RH
HC1512 Page 2
21
technical, or vocational school beyond the high school level, or
22
possesses at least three years' experience in accounting or a
23
related field.
Any employee called upon to testify in any legal proceedings 24

in regard to any official matter is entitled to compensation and 25
expenses provided in this section. Each employee shall be 26
reimbursed for travel, including meals, hotels, and other actual 27
and necessary expenses when traveling on official business, under 28
order of the auditor of state, away from the employee's 29
headquarters or place of principal assignment, in the manner and 30
at the same rates as are provided by the rules of the director of 31
budget and management governing travel. 32
The auditor of state may employ experts or assistants 33

necessary to disclose the facts concerning any matter and, and fix 34
their the compensation of auditors, investigators, and other staff 35
necessary to carry out the statutory responsibilities of the 36
office. 37
Sec. 117.13. (A) The total costs of audits of state agencies, 38

both direct and indirect, shall be recovered by the auditor of 39
state in the following manner: 40
(1) The total costs of all audits of state agencies, both 41

direct and indirect, shall be paid to the auditor of state on 42
statements rendered by the auditor of state. Money so received by 43
the auditor of state shall be paid into the state treasury to the 44
credit of the public audit expense fund--intrastate, which is 45
hereby created, and shall be used to pay costs related to such 46
audits. The costs of audits of a state agency shall be charged to 47
the state agency being audited, unless otherwise determined by the 48
auditor of state. The costs of any assistant auditor, employee, or 49
134HB110-HC1512/RH
HC1512 Page 3
expert employed pursuant to section 117.09 of the Revised Code 50

called upon to testify in any legal proceedings in regard to any 51
audit, or called upon to review or discuss any matter related to 52
any audit, may be charged to the state agency to which the audit 53
relates. 54
(2) The auditor of state shall determine and publish annually 55

rates to be charged to state agencies for recovering the costs of 56
audits of state agencies. The rates shall take into consideration 57
federal cost recovery guidelines. 58
(B) As used in this division, "government auditing standards" 59

means the government auditing standards published by the 60
comptroller general of the United States general accounting 61
office. 62
(1) Except as provided in divisions (B)(2) and (3) of this 63

section, any costs of an audit of a private institution, 64
association, board, or corporation receiving public money for its 65
use shall be charged to the public office providing the public 66
money in the same manner as costs of an audit of the public 67
office. 68
(2) If an audit of a private child placing agency or private 69

noncustodial agency receiving public money from a public children 70
services agency for providing child welfare or child protection 71
services sets forth that money has been illegally expended, 72
converted, misappropriated, or is unaccounted for, the costs of 73
the audit shall be charged to the agency being audited in the same 74
manner as costs of an audit of a public office, unless the 75
findings are inconsequential, as defined by government auditing 76
standards. 77
(3) If such an audit does not set forth that money has been 78
illegally expended, converted, misappropriated, or is unaccounted 79
134HB110-HC1512/RH
HC1512 Page 4
80
for or sets forth findings that are inconsequential, as defined by
81
government auditing standards, the costs of the audit shall be
82
charged as follows:
(a) One-third of the costs to the agency being audited; 83
(b) One-third of the costs to the public children services 84

agency that provided the public money to the agency being audited; 85
(c) One-third of the costs to the department of job and 86

family services. 87
(C) The total costs of audits of local public offices, both 88

direct and indirect, shall be recovered by the auditor of state in 89
the following manner: 90
(1) The total costs of all audits of local public offices, 91

both direct and indirect, shall be paid to the auditor of state on 92
statements rendered by the auditor of state. Money so received by 93
the auditor of state shall be paid into the state treasury to the 94
credit of the public audit expense fund-local government, which is 95
hereby created, and shall be used to pay costs related to such 96
audits. The costs of audits of a local public office shall be 97
charged to the local public office being audited, unless otherwise 98
determined by the auditor of state. The charges billed to the 99
local public office for the cost of audits performed shall be 100
offset subject to the availability of resources from the local 101
government audit support fund created under section 117.131 of the 102
Revised Code, the general revenue fund, or other state sources 103
provided to the auditor of state for such purposes. The auditor of 104
state shall establish the manner in which the offset shall be 105
determined. The costs of any assistant auditor, employee, or 106
expert employed pursuant to section 117.09 of the Revised Code 107
called upon to testify in any legal proceedings in regard to any 108
audit, or called upon to review or discuss any matter related to 109
134HB110-HC1512/RH
HC1512 Page 5
any audit, may be charged to the public office to which the audit 110
relates. 111
(2) At the conclusion of each audit, or analysis and report 112

made pursuant to section 117.24 of the Revised Code, the fiscal 113
officer of the local public office audited may allocate the 114
charges billed for the cost of the audit, or of the audit and the 115
analysis and report to appropriate funds using a methodology that 116
follows guidance provided by the auditor of state. 117
(3) The auditor of state shall provide each local public 118
office a statement or certification of the amount due from the 119
public office for services performed by the auditor of state under 120
this or any other section of the Revised Code, as well as the date 121
upon which payment is due to the auditor of state. The auditor of 122
state is authorized to negotiate with any local public office and, 123
upon agreement between the auditor of state and the local public 124
office, may adopt a schedule for payment of the amount due under 125
this section. Any local public office that does not pay the amount 126
due to the auditor of state by that date may be assessed by the 127
auditor of state for interest from the date upon which the payment 128
is due at the rate per annum prescribed by section 5703.47 of the 129
Revised Code. All interest charges assessed by the auditor of 130
state may be collected in the same manner as audit costs pursuant 131
to division (D) of this section. 132
(4) The auditor of state shall determine and publish annually 133
rates to be charged to local public offices for recovering the 134
costs of audits of local public offices. 135
(D) If the auditor of state fails to receive payment for any 136
amount due, including, but not limited to, fines, fees, and costs, 137
from a public office for services performed under this or any 138
other section of the Revised Code, the auditor of state may seek 139
134HB110-HC1512/RH
HC1512 Page 6
140
payment through the office of budget and management. (Amounts due
141
include any amount due to an independent public accountant with
142
whom the auditor has contracted to perform services, all costs and
143
fees associated with participation in the uniform accounting
144
network, and all costs associated with the auditor's provision of
145
local government services.) Upon certification by the auditor of
146
state to the director of budget and management of any such amount
147
due, the director shall withhold from the public office any amount
148
available, up to and including the amount certified as due, from
149
any funds under the director's control that belong to or are
150
lawfully payable or due to the public office. The director shall
151
promptly pay the amount withheld to the auditor of state. If the
152
director determines that no funds due and payable to the public
153
office are available or that insufficient amounts of such funds
154
are available to cover the amount due, the director shall withhold
155
and pay to the auditor of state the amounts available and, in the
156
case of a local public office, certify the remaining amount to the
157
county auditor of the county in which the local public office is
158
located. The county auditor shall withhold from the local public
159
office any amount available, up to and including the amount
160
certified as due, from any funds under the county auditor's
161
control and belonging to or lawfully payable or due to the local
162
public office. The county auditor shall promptly pay any such
163
amount withheld to the auditor of state.
Sec. 117.22. The public accountant conducting an audit under 164

this chapter may request the auditor of state, the deputy auditor 165
of state, a deputy inspector and supervisor of public offices, or 166
an assistant or an auditor or investigator of the auditor of 167
state, to exercise any authority granted under section 117.18 of 168
the Revised Code for the purpose of assisting in the conduct of 169
134HB110-HC1512/RH
HC1512 Page 7
the audit. Assistant auditors of state and experts or other 170

assistants shall be compensated as provided by sections 117.09 and 171
117.12 of the Revised Code." 172

117.22," 174
SYNOPSIS
Auditor of State 175
R.C. 117.09, 117.13, and 117.22 176
Modifies the authority of the Auditor of State (AOS) to 177

specify the AOS is the lead public official responsible for the 178
examination, analysis, inspection, and audits of all public 179
offices, as opposed to the chief inspector and supervisor of 180
public offices under current law. 181
Eliminates the statutory titles of assistant Auditors of 182

State, deputy inspector, and deputy supervisor and qualifications 183
necessary for appointment as an assistant Auditor of State. 184
Eliminates the current law limitation for the AOS to appoint 185
not more than six deputy inspectors and supervisors and a clerk, 186
eliminates the requirement that not more than three deputy 187
inspectors and supervisors must belong to the same political 188
party, and eliminates the requirement that the AOS appoint state 189
examiners to be known as assistant auditors of state. 190
Authorizes the AOS generally to hire, appoint, and fix the 191
compensation of auditors, investigators, and other staff necessary 192
to carry out the statutory responsibilities of the office. 193
134HB110-HC1512/RH
HC1512 Page 8
Eliminates the entitlement, of AOS employees, to compensation 194

when called to testify in legal proceedings. 195
134HB110-HC1512/RH
HC1521
Sub. H.B. 110
L-134-0001-3
2 "Section 745. . (A) As used in this section:
3 (1) "Amusement ride" has the same meaning as under section
4 993.01 of the Revised Code.
5 (2) "Owner" has the same meaning as under section 993.01 of
6 the Revised Code.
7 (3) "Registration taxes and fees" means all of the
8 following:
9 (a) Any annual registration tax owed for a vehicle or
10 trailer registered in the name of the owner under sections
11 4503.04 or 4503.042 of the Revised Code;
12 (b) Any annual registration fees owed under division (C) of
13 section 4503.10 of the Revised Code;
14 (c) Any local motor vehicle taxes owed under Chapter 4504.
15 Of the Revised Code;
16 (d) Any license plate fees owed under section 4503.19 of
17 the Revised Code;
18 (e) The Bureau of Motor Vehicles or deputy registrar
19 service fee owed under section 4503.038 of the Revised Code.

HC1521
20 (B) Beginning on the effective date of this section until
21 one year after the effective date of this section, the Registrar
22 of Motor Vehicles shall waive the registration taxes and fees
23 for any amusement ride owner that was not able to operate the
24 owner's amusement rides in calendar year 2020.
25 (C) If the owner of the amusement rides registers the
26 owner's vehicles and trailers under section 4503.103 of the
27 Revised Code for multiple years, the Registrar shall credit the
28 owner for one year of registration taxes and fees under that
29 section. The owner shall pay any registration taxes and fees
30 owed for the additional years of registration under that
31 section."
33 SYNOPSIS
34 Registration tax and fee waiver for amusement ride owners
35 Section 745.
36 For one year after the effective date of the amendment,

37 waives vehicle and trailer registration taxes and fees for an
38 amusement ride owner that was not able to operate the owner's
39 amusement rides in calendar year 2020.
40 Includes all of the following taxes and fees in the waiver:
41 1. The annual registration tax;
42 2. Any annual registration fees (BMV or alternative fuel

43 vehicle fees);

HC1521
44 3. Any local motor vehicle taxes;
45 4. Any license plate fees; and
46 5. The BMV or deputy registrar service fee.

HC1522
Sub. H.B. 110

L-134-0001-3

4301.12, 4301.30, 4301.42," 2

4303.03, 4303.031, 4303.071,"; after "4303.17," insert "4303.2010, 4
4303.232, 4303.233, 4303.234,"; after "4303.271," insert "4303.33, 5
4303.99," 6
In line 104 of the title, delete "and"; after "(3746.07)" 7

insert ", 4303.233 (4303.236), and 4303.234 (4303.235)" 8
In line 106 of the title, delete the first "and"; after 9

"3317.0218" insert ", 4303.233, and 4303.234" 10

4301.30, 4301.42,"; after "4301.43," insert "4301.62, 4303.03, 12
4303.031, 4303.071,"; after "4303.17," insert "4303.2010, 13
4303.232, 4303.233, 4303.234," 14
In line 240, after "4303.271," insert "4303.33, 4303.99," 15
In line 263, delete "and" 16
In line 264, after "(3746.07)" insert ", 4303.233 (4303.236), 17

and 4303.234 (4303.235)" 18
In line 266, delete the first "and"; after "3317.0218" insert 19

", 4303.233, and 4303.234" 20
134HB110-HC1522/JF
HC1522 Page 2
"Sec. 4301.10. (A) The division of liquor control shall do 22

all of the following: 23
(1) Control the traffic in beer and intoxicating liquor in 24

this state, including the manufacture, importation, and sale of 25
beer and intoxicating liquor; 26
(2) Grant or refuse permits for the manufacture, 27

distribution, transportation, and sale of beer and intoxicating 28
liquor and the sale of alcohol, as authorized or required by this 29
chapter and Chapter 4303. of the Revised Code. A certificate, 30
signed by the superintendent of liquor control and to which is 31
affixed the official seal of the division, stating that it appears 32
from the records of the division that no permit has been issued to 33
the person specified in the certificate, or that a permit, if 34
issued, has been revoked, canceled, or suspended, shall be 35
received as prima-facie evidence of the facts recited in the 36
certificate in any court or before any officer of this state. 37
(3) Put into operation, manage, and control a system of state 38

liquor stores for the sale of spirituous liquor at retail and to 39
holders of permits authorizing the sale of spirituous liquor; 40
however, the division shall not establish any drive-in state 41
liquor stores; and by means of those types of stores, and any 42
manufacturing plants, distributing and bottling plants, 43
warehouses, and other facilities that it considers expedient, 44
establish and maintain a state monopoly of the distribution of 45
spirituous liquor and its sale in packages or containers; and for 46
that purpose, manufacture, buy, import, possess, and sell 47
spirituous liquors as provided in this chapter and Chapter 4303. 48
of the Revised Code, and in the rules promulgated by the 49
134HB110-HC1522/JF
HC1522 Page 3
50
superintendent of liquor control pursuant to those chapters; lease
51
or in any manner acquire the use of any land or building required
52
for any of those purposes; purchase any equipment that is
53
required; and borrow money to carry on its business, and issue,
54
sign, endorse, and accept notes, checks, and bills of exchange;
55
but all obligations of the division created under authority of
56
this division shall be a charge only upon the moneys received by
57
the division from the sale of spirituous liquor and its other
58
business transactions in connection with the sale of spirituous
59
liquor, and shall not be general obligations of the state;
(4) Enforce the administrative provisions of this chapter and 60

Chapter 4303. of the Revised Code, and the rules and orders of the 61
liquor control commission and the superintendent relating to the 62
manufacture, importation, transportation, distribution, and sale 63
of beer or intoxicating liquor. The attorney general, any 64
prosecuting attorney, and any prosecuting officer of a municipal 65
corporation or a municipal court shall, at the request of the 66
division of liquor control or the department of public safety, 67
prosecute any person charged with the violation of any provision 68
in those chapters or of any section of the Revised Code relating 69
to the manufacture, importation, transportation, distribution, and 70
sale of beer or intoxicating liquor. 71
(5) Determine the locations of all state liquor stores and 72

manufacturing, distributing, and bottling plants required in 73
connection with those stores, subject to this chapter and Chapter 74
4303. of the Revised Code; 75
(6) Conduct inspections of liquor permit premises to 76

determine compliance with the administrative provisions of this 77
chapter and Chapter 4303. of the Revised Code and the rules 78
adopted under those provisions by the liquor control commission. 79
134HB110-HC1522/JF
HC1522 Page 4
Except as otherwise provided in division (A)(6) of this 80

section, those inspections may be conducted only during those 81
hours in which the permit holder is open for business and only by 82
authorized agents or employees of the division or by any peace 83
officer, as defined in section 2935.01 of the Revised Code. 84
Inspections may be conducted at other hours only to determine 85
compliance with laws or commission rules that regulate the hours 86
of sale of beer or intoxicating liquor and only if the 87
investigator has reasonable cause to believe that those laws or 88
rules are being violated. Any inspection conducted pursuant to 89
division (A)(6) of this section is subject to all of the following 90
requirements: 91
(a) The only property that may be confiscated is contraband, 92

as defined in section 2901.01 of the Revised Code, or property 93
that is otherwise necessary for evidentiary purposes. 94
(b) A complete inventory of all property confiscated from the 95

premises shall be given to the permit holder or the permit 96
holder's agent or employee by the confiscating agent or officer at 97
the conclusion of the inspection. At that time, the inventory 98
shall be signed by the confiscating agent or officer, and the 99
agent or officer shall give the permit holder or the permit 100
holder's agent or employee the opportunity to sign the inventory. 101
(c) Inspections conducted pursuant to division (A)(6) of this 102

section shall be conducted in a reasonable manner. A finding by 103
any court of competent jurisdiction that an inspection was not 104
conducted in a reasonable manner in accordance with this section 105
or any rules adopted by the commission may be considered grounds 106
for suppression of evidence. A finding by the commission that an 107
inspection was not conducted in a reasonable manner in accordance 108
with this section or any rules adopted by it may be considered 109
134HB110-HC1522/JF
HC1522 Page 5
110
grounds for dismissal of the commission case.
If any court of competent jurisdiction finds that property 111

confiscated as the result of an administrative inspection is not 112
necessary for evidentiary purposes and is not contraband, as 113
defined in section 2901.01 of the Revised Code, the court shall 114
order the immediate return of the confiscated property, provided 115
that property is not otherwise subject to forfeiture, to the 116
permit holder. However, the return of this property is not grounds 117
for dismissal of the case. The commission likewise may order the 118
return of confiscated property if no criminal prosecution is 119
pending or anticipated. 120
(7) Delegate to any of its agents or employees any power of 121

investigation that the division possesses with respect to the 122
enforcement of any of the administrative laws relating to beer or 123
intoxicating liquor, provided that this division does not 124
authorize the division to designate any agent or employee to serve 125
as an enforcement agent. The employment and designation of 126
enforcement agents shall be within the exclusive authority of the 127
director of public safety pursuant to sections 5502.13 to 5502.19 128
(8) Collect the following fees: 130
(a) A biennial fifty-dollar registration fee for each agent, 131

solicitor, trade marketing professional, or salesperson, 132
registered pursuant to section 4303.25 of the Revised Code, of a 133
beer or intoxicating liquor manufacturer, supplier, broker, trade 134
marketing company, or wholesale distributor doing business in this 135
state; 136
(b) A fifty-dollar product registration fee for each new beer 137
or intoxicating liquor product sold in this state. The product 138
registration fee also applies to products sold in this state by 139
134HB110-HC1522/JF
HC1522 Page 6
140
B-2a, S-1, and S S-2 permit holders. The product registration fee
141
shall be accompanied by a copy of the federal label and product
142
approval for the new product.
(c) An annual three-hundred-dollar supplier registration fee 143

from each manufacturer or supplier that produces and ships into 144
this state, or ships into this state, intoxicating liquor or beer, 145
in addition to an initial application fee of one hundred dollars. 146
A manufacturer that produces and ships beer or wine into this 147
state and that holds only an S S-1 or S-2 permit, as applicable, 148
is exempt from the supplier registration fee. A manufacturer that 149
produces and ships beer or wine into this state and that holds a 150
B-2a permit shall pay an annual seventy-six-dollar supplier 151
registration fee. A manufacturer that produces and ships wine into 152
this state and that does not hold either an S S-1 or a B-2a 153
permit, but that produces less than two hundred fifty thousand 154
gallons of wine per year and that is entitled to a tax credit 155
under 27 C.F.R. 24.278 shall pay an annual seventy-six-dollar 156
supplier registration fee. A manufacturer that produces and ships 157
beer into this state and that does not hold an S-1 permit shall 158
pay an annual seventy-six-dollar supplier registration fee. A 159
B-2a, S-1, or S S-2 permit holder that does not sell its wine to 160
wholesale distributors of wine in this state and an S S-1 permit 161
holder that does not sell its beer to wholesale distributors of 162
beer in this state shall not be required to submit to the division 163
territory designation forms. 164
Each supplier, agent, solicitor, trade marketing 165

professional, or salesperson registration issued under this 166
division shall authorize the person named to carry on the activity 167
specified in the registration. Each agent, solicitor, trade 168
marketing professional, or salesperson registration is valid for 169
two years or for the unexpired portion of a two-year registration 170
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171
period. Each supplier registration is valid for one year or for
172
the unexpired portion of a one-year registration period.
173
Registrations shall end on their respective uniform expiration
174
date, which shall be designated by the division, and are subject
175
to suspension, revocation, cancellation, or fine as authorized by
176
this chapter and Chapter 4303. of the Revised Code.
As used in this division, "trade marketing company" and 177

"trade marketing professional" have the same meanings as in 178
section 4301.171 of the Revised Code. 179
(9) Establish a system of electronic data interchange within 180

the division and regulate the electronic transfer of information 181
and funds among persons and governmental entities engaged in the 182
manufacture, distribution, and retail sale of alcoholic beverages; 183
(10) Notify all holders of retail permits of the forms of 184

permissible identification for purposes of division (A) of section 185
4301.639 of the Revised Code; 186
(11) Exercise all other powers expressly or by necessary 187

implication conferred upon the division by this chapter and 188
Chapter 4303. of the Revised Code, and all powers necessary for 189
the exercise or discharge of any power, duty, or function 190
expressly conferred or imposed upon the division by those 191
chapters. 192
(B) The division may do all of the following: 193
(1) Sue, but may be sued only in connection with the 194
execution of leases of real estate and the purchases and contracts 195
necessary for the operation of the state liquor stores that are 196
made under this chapter and Chapter 4303. of the Revised Code; 197
(2) Enter into leases and contracts of all descriptions and 198
acquire and transfer title to personal property with regard to the 199
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200
sale, distribution, and storage of spirituous liquor within the
201
state;
(3) Terminate at will any lease entered into pursuant to 202

division (B)(2) of this section upon first giving ninety days' 203
notice in writing to the lessor of its intention to do so; 204
(4) Fix the wholesale and retail prices at which the various 205
classes, varieties, and brands of spirituous liquor shall be sold 206
by the division. Those retail prices shall be the same at all 207
state liquor stores, except to the extent that a price 208
differential is required to collect a county sales tax levied 209
pursuant to section 5739.021 of the Revised Code and for which tax 210
the tax commissioner has authorized prepayment pursuant to section 211
5739.05 of the Revised Code. In fixing selling prices, the 212
division shall compute an anticipated gross profit at least 213
sufficient to provide in each calendar year all costs and expenses 214
of the division and also an adequate working capital reserve for 215
the division. The gross profit shall not exceed forty per cent of 216
the retail selling price based on costs of the division, and in 217
addition the sum required by section 4301.12 of the Revised Code 218
to be paid into the state treasury. An amount equal to one and 219
one-half per cent of that gross profit shall be paid into the 220
statewide treatment and prevention fund created by section 4301.30 221
of the Revised Code and be appropriated by the general assembly 222
from the fund to the department of mental health and addiction 223
services as provided in section 4301.30 of the Revised Code. 224
On spirituous liquor manufactured in this state from the 225

juice of grapes or fruits grown in this state, the division shall 226
compute an anticipated gross profit of not to exceed ten per cent. 227
The wholesale prices fixed under this division shall be at a 228

discount of not less than six per cent of the retail selling 229
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230
prices as determined by the division in accordance with this
231
section.
(C) The division may approve the expansion or diminution of a 232

premises to which a liquor permit has been issued and may adopt 233
standards governing such an expansion or diminution. 234
Sec. 4301.12. The division of liquor control shall provide 235

for the custody, safekeeping, and deposit of all moneys, checks, 236
and drafts received by it or any of its employees or agents prior 237
to paying them to the treasurer of state as provided by section 238
A sum equal to three dollars and thirty-eight cents for each 240
gallon of spirituous liquor sold by the division, JobsOhio, or a 241
designee of JobsOhio during the period covered by the payment 242
shall be paid into the state treasury to the credit of the general 243
revenue fund. All moneys received from permit fees, except B-2a, 244
S-1, and S S-2 permit fees from B-2a, S-1, and S S-2 permit 245
holders who do not also hold A-2 or A-2f permits, shall be paid to 246
the credit of the undivided liquor permit fund established by 247
Except as otherwise provided by law, the division shall 249

deposit all moneys collected under Chapters 4301. and 4303. of the 250
Revised Code into the state treasury to the credit of the state 251
liquor regulatory fund created in section 4301.30 of the Revised 252
Code. In addition, revenue resulting from any contracts with the 253
department of commerce pertaining to the responsibilities and 254
operations described in this chapter may be credited to the fund. 255
Whenever, in the judgment of the director of budget and 256

management, the amount in the liquor control fund is in excess of 257
that needed to meet the maturing obligations of the division, as 258
134HB110-HC1522/JF
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259
working capital for its further operations, to pay the operating
260
expenses of the commission, and for the alcohol testing program
261
under section 3701.143 of the Revised Code, the director shall
262
transfer the excess to the credit of the general revenue fund. If
263
the director determines that the amount in the liquor control fund
264
is insufficient, the director may transfer money from the general
265
revenue fund to the liquor control fund.
Sec. 4301.30. (A) All fees collected by the division of 266

liquor control shall be deposited in the state treasury to the 267
credit of the undivided liquor permit fund, which is hereby 268
created, at the time prescribed under section 4301.12 of the 269
Revised Code. Each payment shall be accompanied by a statement 270
showing separately the amount collected for each class of permits 271
in each municipal corporation and in each township outside the 272
limits of any municipal corporation in such township. 273
(B)(1) An amount equal to forty-five per cent of the fund 274

shall be paid from the fund into the state liquor regulatory fund, 275
which is hereby created in the state treasury. The state liquor 276
regulatory fund shall be used to pay the operating expenses of the 277
division of liquor control in administering and enforcing Title 278
XLIII of the Revised Code and the operating expenses of the liquor 279
control commission. Investment earnings of the fund shall be 280
credited to the fund. 281
(2) Whenever, in the judgment of the director of budget and 282

management, the amount of money that is in the state liquor 283
regulatory fund is in excess of the amount that is needed to pay 284
the operating expenses of the division in administering and 285
enforcing Title XLIII of the Revised Code and the operating 286
expenses of the commission, the director shall credit the excess 287
amount to the general revenue fund. 288
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(C) Twenty per cent of the undivided liquor permit fund shall 289
be paid into the statewide treatment and prevention fund, which is 290
hereby created in the state treasury. This amount shall be 291
appropriated by the general assembly, together with an amount 292
equal to one and one-half per cent of the gross profit of the 293
division of liquor control derived under division (B)(4) of 294
section 4301.10 of the Revised Code, to the department of mental 295
health and addiction services. In planning for the allocation of 296
and in allocating these amounts for the purposes of Chapter 5119. 297
of the Revised Code, the department shall comply with the 298
nondiscrimination provisions of Title VI of the Civil Rights Act 299
of 1964, and any rules adopted under that act. 300
(D) Thirty-five per cent of the undivided liquor permit fund 301
shall be distributed by the superintendent of liquor control at 302
quarterly calendar periods as follows: 303
(1) To each municipal corporation, the aggregate amount shown 304

by the statements to have been collected from permits in the 305
municipal corporation, for the use of the general fund of the 306
municipal corporation; 307
(2) To each township, the aggregate amount shown by the 308

statements to have been collected from permits in its territory, 309
outside the limits of any municipal corporation located in the 310
township, for the use of the general fund of the township, or for 311
fire protection purposes, including buildings and equipment in the 312
township or in an established fire district within the township, 313
to the extent that the funds are derived from liquor permits 314
within the territory comprising such fire district. 315
(E) For the purpose of the distribution required by this 316

section, E, H, and D permits covering boats or vessels are deemed 317
to have been issued in the municipal corporation or township 318
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319
wherein the owner or operator of the vehicle, boat, vessel, or
320
dining car equipment to which the permit relates has the owner's
321
or operator's principal office or place of business within the
322
state.
(F) If the liquor control commission determines that the 323

police or other officers of any municipal corporation or township 324
entitled to share in distributions under this section are refusing 325
or culpably neglecting to enforce this chapter and Chapter 4303. 326
of the Revised Code, or the penal laws of this state relating to 327
the manufacture, importation, transportation, distribution, and 328
sale of beer and intoxicating liquors, or if the prosecuting 329
officer of a municipal corporation or a municipal court fails to 330
comply with the request of the commission authorized by division 331
(A)(4) of section 4301.10 of the Revised Code, the commission, by 332
certified mail, may notify the chief executive officer of the 333
municipal corporation or the board of township trustees of the 334
township of the failure and require the immediate cooperation of 335
the responsible officers of the municipal corporation or township 336
with the division of liquor control in the enforcement of those 337
chapters and penal laws. Within thirty days after the notice is 338
served, the commission shall determine whether the requirement has 339
been complied with. If the commission determines that the 340
requirement has not been complied with, it may issue an order to 341
the superintendent to withhold the distributive share of the 342
municipal corporation or township until further order of the 343
commission. This action of the commission is reviewable within 344
thirty days thereafter in the court of common pleas of Franklin 345
county. 346
(G) All fees collected by the division of liquor control from 347
the issuance or renewal of B-2a, S-1, and S S-2 permits, and paid 348
by B-2a, S-1, and S S-2 permit holders who do not also hold A-1 or 349
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A-1c permits or A-2 or A-2f permits, shall be deposited in the 350

state treasury to the credit of the state liquor regulatory fund. 351
Once during each fiscal year, an amount equal to fifty per cent of 352
the fees collected shall be paid from the state liquor regulatory 353
fund into the general revenue fund. 354
Sec. 4301.42. For the purpose of providing revenue for the 355
support of the state, a tax is hereby levied on the sale of beer 356
in sealed bottles and cans having twelve ounces or less of liquid 357
content, at the rate of fourteen one-hundredths of one cent on 358
each ounce of liquid content or fractional part of each ounce of 359
liquid content, and on such containers in excess of twelve ounces, 360
at the rate of eighty-four one-hundredths of one cent on each six 361
ounces of liquid content or fractional part of each six ounces of 362
liquid content. Sections 4307.01 to 4307.12 of the Revised Code 363
apply in the administration of that tax. Manufacturers, bottlers, 364
and canners of beer, wholesale dealers in beer, and S S-1 permit 365
holders have the duty to pay the tax imposed by this section and 366
are entitled to the privileges in the manner provided in section 367
4303.33 of the Revised Code." 368
(1) "Chauffeured limousine" means a vehicle registered under 371

(2) "Street," "highway," and "motor vehicle" have the same 373
meanings as in section 4511.01 of the Revised Code. 374
(B) No person shall have in the person's possession an opened 375

container of beer or intoxicating liquor in any of the following 376
circumstances: 377
134HB110-HC1522/JF
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(1) Except as provided in division (C)(1)(e) of this section, 378

in an agency store; 379
(2) Except as provided in division (C) of this section, on 380

the premises of the holder of any permit issued by the division of 381
liquor control; 382
(3) In any other public place; 383
(4) Except as provided in division (D) or (E) of this 384

section, while operating or being a passenger in or on a motor 385
vehicle on any street, highway, or other public or private 386
property open to the public for purposes of vehicular travel or 387
parking; 388
(5) Except as provided in division (D) or (E) of this 389

section, while being in or on a stationary motor vehicle on any 390
street, highway, or other public or private property open to the 391
public for purposes of vehicular travel or parking. 392
(C)(1) A person may have in the person's possession an opened 393

container of any of the following: 394
(a) Beer or intoxicating liquor that has been lawfully 395

purchased for consumption on the premises where bought from the 396
holder of an A-1-A, A-2, A-2f, A-3a, D-1, D-2, D-3, D-3a, D-4, 397
D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, 398
D-5j, D-5k, D-5l, D-5m, D-5n, D-5o, D-7, D-8, E, F, F-2, F-5, F-7, 399
or F-8 permit; 400
(b) Beer, wine, or mixed beverages served for consumption on 401

the premises by the holder of an F-3 permit, wine served as a 402
tasting sample by an A-2, S-1, or S-2 permit holder or S permit 403
holder for consumption on the premises of a farmers market for 404
which an F-10 permit has been issued, or wine served for 405
consumption on the premises by the holder of an F-4 or F-6 permit; 406
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(c) Beer or intoxicating liquor consumed on the premises of a 407

convention facility as provided in section 4303.201 of the Revised 408
Code; 409
(d) Beer or intoxicating liquor to be consumed during 410

tastings and samplings approved by rule of the liquor control 411
commission; 412
(e) Spirituous liquor to be consumed for purposes of a 413

tasting sample, as defined in section 4301.171 of the Revised 414
Code. 415
(2) A person may have in the person's possession on an F 416

liquor permit premises an opened container of beer or intoxicating 417
liquor that was not purchased from the holder of the F permit if 418
the premises for which the F permit is issued is a music festival 419
and the holder of the F permit grants permission for that 420
possession on the premises during the period for which the F 421
permit is issued. As used in this division, "music festival" means 422
a series of outdoor live musical performances, extending for a 423
period of at least three consecutive days and located on an area 424
of land of at least forty acres. 425
(3)(a) A person may have in the person's possession on a D-2 426

liquor permit premises an opened or unopened container of wine 427
that was not purchased from the holder of the D-2 permit if the 428
premises for which the D-2 permit is issued is an outdoor 429
performing arts center, the person is attending an orchestral 430
performance, and the holder of the D-2 permit grants permission 431
for the possession and consumption of wine in certain 432
predesignated areas of the premises during the period for which 433
the D-2 permit is issued. 434
(b) As used in division (C)(3)(a) of this section: 435
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(i) "Orchestral performance" means a concert comprised of a 436

group of not fewer than forty musicians playing various musical 437
instruments. 438
(ii) "Outdoor performing arts center" means an outdoor 439

performing arts center that is located on not less than one 440
hundred fifty acres of land and that is open for performances from 441
the first day of April to the last day of October of each year. 442
(4) A person may have in the person's possession an opened or 443

unopened container of beer or intoxicating liquor at an outdoor 444
location at which the person is attending an orchestral 445
performance as defined in division (C)(3)(b)(i) of this section if 446
the person with supervision and control over the performance 447
grants permission for the possession and consumption of beer or 448
intoxicating liquor in certain predesignated areas of that outdoor 449
location. 450
(5) A person may have in the person's possession on an F-9 451

liquor permit premises an opened or unopened container of beer or 452
intoxicating liquor that was not purchased from the holder of the 453
F-9 permit if the person is attending either of the following: 454
(a) An orchestral performance and the F-9 permit holder 455

grants permission for the possession and consumption of beer or 456
intoxicating liquor in certain predesignated areas of the premises 457
during the period for which the F-9 permit is issued; 458
(b) An outdoor performing arts event or orchestral 459

performance that is free of charge and the F-9 permit holder 460
annually hosts not less than twenty-five other events or 461
performances that are free of charge on the permit premises. 462
As used in division (C)(5) of this section, "orchestral 463

performance" has the same meaning as in division (C)(3)(b) of this 464
134HB110-HC1522/JF
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465
section.
(6)(a) A person may have in the person's possession on the 466

property of an outdoor motorsports facility an opened or unopened 467
container of beer or intoxicating liquor that was not purchased 468
from the owner of the facility if both of the following apply: 469
(i) The person is attending a racing event at the facility; 470

and 471
(ii) The owner of the facility grants permission for the 472
possession and consumption of beer or intoxicating liquor on the 473
property of the facility. 474
(b) As used in division (C)(6)(a) of this section: 475
(i) "Racing event" means a motor vehicle racing event 476

sanctioned by one or more motor racing sanctioning organizations. 477
(ii) "Outdoor motorsports facility" means an outdoor 478

racetrack to which all of the following apply: 479
(I) It is two and four-tenths miles or more in length. 480
(II) It is located on two hundred acres or more of land. 481
(III) The primary business of the owner of the facility is 482

the hosting and promoting of racing events. 483
(IV) The holder of a D-1, D-2, or D-3 permit is located on 484

the property of the facility. 485
(7)(a) A person may have in the person's possession an opened 486

container of beer or intoxicating liquor at an outdoor location 487
within an outdoor refreshment area created under section 4301.82 488
of the Revised Code if the opened container of beer or 489
intoxicating liquor was purchased from an A-1, A-1-A, A-1c, A-2, 490
A-2f, D class, or F class permit holder to which both of the 491
following apply: 492
134HB110-HC1522/JF
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(i) The permit holder's premises is located within the 493

outdoor refreshment area. 494
(ii) The permit held by the permit holder has an outdoor 495
refreshment area designation. 496
(b) Division (C)(7) of this section does not authorize a 497

person to do either of the following: 498
(i) Enter the premises of an establishment within an outdoor 499

refreshment area while possessing an opened container of beer or 500
intoxicating liquor acquired elsewhere; 501
(ii) Possess an opened container of beer or intoxicating 502

liquor while being in or on a motor vehicle within an outdoor 503
refreshment area, unless the possession is otherwise authorized 504
under division (D) or (E) of this section. 505
(c) As used in division (C)(7) of this section, "D class 506

permit holder" does not include a D-6 or D-8 permit holder. 507
(8)(a) A person may have in the person's possession on the 508

property of a market, within a defined F-8 permit premises, an 509
opened container of beer or intoxicating liquor that was purchased 510
from a D permit premises that is located immediately adjacent to 511
the market if both of the following apply: 512
(i) The market grants permission for the possession and 513
consumption of beer and intoxicating liquor within the defined F-8 514
permit premises; 515
(ii) The market is hosting an event pursuant to an F-8 permit 516

and the market has notified the division of liquor control about 517
the event in accordance with division (A)(3) of section 4303.208 518
(b) As used in division (C)(8) of this section, "market" 520
134HB110-HC1522/JF
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521
means a market, for which an F-8 permit is held, that has been in
522
operation since 1860.
(D) This section does not apply to a person who pays all or a 523
portion of the fee imposed for the use of a chauffeured limousine 524
pursuant to a prearranged contract, or the guest of the person, 525
when all of the following apply: 526
(1) The person or guest is a passenger in the limousine. 527
(2) The person or guest is located in the limousine, but is 528

not occupying a seat in the front compartment of the limousine 529
where the operator of the limousine is located. 530
(3) The limousine is located on any street, highway, or other 531

public or private property open to the public for purposes of 532
vehicular travel or parking. 533
(E) An opened bottle of wine that was purchased from the 534
holder of a permit that authorizes the sale of wine for 535
consumption on the premises where sold is not an opened container 536
for the purposes of this section if both of the following apply: 537
(1) The opened bottle of wine is securely resealed by the 538

permit holder or an employee of the permit holder before the 539
bottle is removed from the premises. The bottle shall be secured 540
in such a manner that it is visibly apparent if the bottle has 541
been subsequently opened or tampered with. 542
(2) The opened bottle of wine that is resealed in accordance 543

with division (E)(1) of this section is stored in the trunk of a 544
motor vehicle or, if the motor vehicle does not have a trunk, 545
behind the last upright seat or in an area not normally occupied 546
by the driver or passengers and not easily accessible by the 547
driver. 548
(F)(1) Except if an ordinance or resolution is enacted or 549
134HB110-HC1522/JF
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550
adopted under division (F)(2) of this section, this section does
551
not apply to a person who, pursuant to a prearranged contract, is
552
a passenger riding on a commercial quadricycle when all of the
553
following apply:
(a) The person is not occupying a seat in the front of the 554
commercial quadricycle where the operator is steering or braking. 555
(b) The commercial quadricycle is being operated on a street, 556

highway, or other public or private property open to the public 557
for purposes of vehicular travel or parking. 558
(c) The person has in their possession on the commercial 559

quadricycle an opened container of beer or wine. 560
(d) The person has in their possession on the commercial 561

quadricycle not more than either thirty-six ounces of beer or 562
eighteen ounces of wine. 563
(2) The legislative authority of a municipal corporation or 564

township may enact an ordinance or adopt a resolution, as 565
applicable, that prohibits a passenger riding on a commercial 566
quadricycle from possessing an opened container of beer or wine. 567
(3) As used in this section, "commercial quadricycle" means a 568

vehicle that has fully-operative pedals for propulsion entirely by 569
human power and that meets all of the following requirements: 570
(a) It has four wheels and is operated in a manner similar to 571

a bicycle. 572
(b) It has at least five seats for passengers. 573
(c) It is designed to be powered by the pedaling of the 574

operator and the passengers. 575
(d) It is used for commercial purposes. 576
(e) It is operated by the vehicle owner or an employee of the 577
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578
owner.
(G) This section does not apply to a person that has in the 579
person's possession an opened container of beer or intoxicating 580
liquor on the premises of a market if the beer or intoxicating 581
liquor has been purchased from a D liquor permit holder that is 582
located in the market. 583
As used in division (G) of this section, "market" means an 584

establishment that: 585
(1) Leases space in the market to individual vendors, not 586

less than fifty per cent of which are retail food establishments 587
or food service operations licensed under Chapter 3717. of the 588
Revised Code; 589
(2) Has an indoor sales floor area of not less than 590
twenty-two thousand square feet; 591
(3) Hosts a farmer's market on each Saturday from April 592

through December. 593
(H)(1) As used in this section, "alcoholic beverage" has the 594

same meaning as in section 4303.185 of the Revised Code. 595
(2) An alcoholic beverage in a closed container being 596

transported under section 4303.185 of the Revised Code to its 597
final destination is not an opened container for the purposes of 598
this section if the closed container is securely sealed in such a 599
manner that it is visibly apparent if the closed container has 600
been subsequently opened or tampered with after sealing. 601
(I) This section does not apply to a person who has in the 602
person's possession an opened container of beer or intoxicating 603
liquor in a public-use airport, as described in division 604
(D)(2)(a)(iii) of section 4303.181 of the Revised Code, when both 605
of the following apply: 606
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(1) Consumption of the opened container of beer or 607

intoxicating liquor occurs in the area of the airport terminal 608
that is restricted to persons taking flights to and from the 609
airport; and 610
(2) The consumption is authorized under division (D)(2)(a) of 611

Sec. 4303.03. (A) Subject to division (B) of this section, 613

permit A-2 may be issued to a manufacturer to manufacture wine 614
from grapes, fruits, or other agricultural products; to import and 615
purchase wine in bond for blending purposes, the total amount of 616
wine so imported during the year covered by the permit not to 617
exceed forty per cent of all the wine manufactured and imported; 618
to manufacture, purchase, and import brandy for fortifying 619
purposes; and to sell those products either in glass or container 620
for consumption on the premises where manufactured, in sealed 621
containers for consumption off the premises where manufactured, 622
and to wholesale permit holders under the rules adopted by the 623
division of liquor control. 624
(B)(1) The holder of an A-2 permit shall not sell directly to 625
a retailer. In order to make sales to a retailer, the manufacturer 626
shall obtain a B-2a permit or make the sale directly to a B-2 or 627
B-5 permit holder for subsequent resale to a retailer. 628
(2) The holder of an A-2 permit shall not sell directly to a 629
consumer unless the product is sold on the premises in accordance 630
with division (A) of this section. In order to make sales to a 631
consumer off the premises where the wine is manufactured, the 632
manufacturer shall obtain an S S-1 or S-2 permit. 633
(3) Nothing in this chapter prohibits an A-2 permit holder 634

from also holding a B-2a, S-1, or S S-2 permit. 635
134HB110-HC1522/JF
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(C) The fee for this permit is seventy-six dollars for each 636
plant to which this permit is issued. 637
Sec. 4303.031. (A) Subject to divisions (B) and (C) of this 638
section, permit A-2f may be issued to a manufacturer to do all of 639
the following: 640
(1) Manufacture wine from grapes, fruits, or other 641

agricultural products; 642
(2) Import and purchase wine in bond for blending purposes. 643
The total amount of wine imported for blending purposes during any 644
year covered by the permit shall not exceed forty per cent of all 645
the wine manufactured and imported. 646
(3) Manufacture, purchase, and import brandy for fortifying 647

purposes; 648
(4) Sell products produced under divisions (A)(1) to (3) of 649

this section either in glass or container for consumption on the 650
premises where manufactured, in sealed containers for consumption 651
off the premises where manufactured, and to wholesale permit 652
holders under the rules adopted by the division of liquor control. 653
(B) The division may issue permit A-2f to a manufacturer only 654
if both of the following apply: 655
(1) The manufacturer grows grapes, fruits, or other 656

agricultural products on property owned by the manufacturer that 657
is classified as land devoted exclusively to agricultural use in 658
accordance with section 5713.31 of the Revised Code. 659
(2) The manufacturer processes the grapes, fruits, or other 660

agricultural products specified in division (B)(1) of this section 661
into wine and sells the wine as authorized in this section. 662
(C)(1) The holder of an A-2f permit shall not sell directly 663
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664
to a retailer. In order to make sales to a retailer, the
665
manufacturer shall obtain a B-2a permit or make the sale directly
666
to a B-2 or B-5 permit holder for subsequent resale to a retailer.
(2) The holder of an A-2f permit shall not sell directly to a 667
consumer unless the product is sold on the premises in accordance 668
with division (A) of this section. In order to make sales to a 669
consumer off the premises where the wine is manufactured, the 670
manufacturer shall obtain an S S-1 or S-2 permit. 671
(3) Nothing in this chapter prohibits an A-2f permit holder 672

from also holding a B-2a, S-1, or S S-2 permit. 673
(D) The fee for this permit is seventy-six dollars for each 674
plant to which this permit is issued. 675
(E) The A-2f permit shall be known as the "Ohio Farm Winery 676
Permit." 677
Sec. 4303.071. (A)(1) Permit The division of liquor control 678

may issue a B-2a may be issued permit to a person that is the 679
brand owner or United States importer of wine, is the designated 680
agent of a brand owner or importer for all wine sold in this state 681
for that owner or importer, or manufactures wine if such 682
manufacturer is entitled to a tax credit under 27 C.F.R. 24.278 683
and produces less than two hundred fifty thousand gallons of wine 684
per year. If the person resides outside this state, the person 685
shall comply with the requirements governing the issuance of 686
licenses or permits that authorize the sale of intoxicating liquor 687
by the appropriate authority of the state in which the person 688
resides or and by the alcohol and tobacco tax and trade bureau in 689
the United States department of the treasury. 690
(2) The fee for the B-2a permit is twenty-five dollars. 691
134HB110-HC1522/JF
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(3) The holder of a B-2a permit may sell wine to a retail 692
permit holder, but. However, a B-2a permit holder that is a wine 693
manufacturer may sell to a retail permit holder only wine that the 694
B-2a permit holder has manufactured and for which a territory 695
designation has not been filed in this state. 696
(4) The holder of a B-2a permit shall renew the permit in 697
accordance with section 4303.271 of the Revised Code, except that 698
renewal shall not be subject to the notice and hearing 699
requirements established in division (B) of that section. 700
(B) The holder of a B-2a permit shall collect and pay the 701
taxes relating to the delivery of wine to a retailer that are 702
levied under sections 4301.421 and 4301.432 and Chapters 5739. and 703
5741. of the Revised Code. 704
(C) The holder of a B-2a permit shall comply with this 705
chapter, Chapter 4301. of the Revised Code, and any rules adopted 706
by the liquor control commission under section 4301.03 of the 707
Revised Code." 708
(1) "Farmers market" means a farmers market registered with 711

the director of agriculture under section 3717.221 of the Revised 712
Code. "Farmers market" does not include a for-profit farmers 713
market, a farmers market located at a rest area within the limits 714
of the right-of-way of an interstate highway, a farmers market 715
located at a service facility as defined in Chapter 5537. of the 716
Revised Code that is along the Ohio turnpike, or a farmers market 717
with fewer than five farmers market participants. 718
(2) "A-2 permit holder" means an A-2 permit holder that 719
134HB110-HC1522/JF
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720
produces less than two hundred and fifty thousand gallons of wine
721
per year.
(B) The division of liquor control may issue an F-10 permit 722
to a person who organizes a farmers market. Pursuant to the 723
permit, the F-10 permit holder may allow a farmers market 724
participant that is an A-2, S-1, or S-2 permit holder or S permit 725
holder to do the following at the location of the farmers market: 726
(1) Sell tasting samples of wine manufactured by the A-2, 727

S-1, or S-2 permit holder or S permit holder for consumption on 728
the premises where the farmers market is located; 729
(2) Sell wine manufactured by the A-2, S-1, or S-2 permit 730
holder or S permit holder in sealed containers for consumption off 731
the premises where the farmers market is located. 732
(C) An applicant for an F-10 permit shall submit an 733

application for the permit to the division of liquor control. The 734
application shall include the location of the farmers market that 735
is the subject of the application. 736
(D) The premises of the farmers market for which the F-10 737
permit is issued shall be clearly defined and sufficiently 738
restricted to allow proper enforcement of the permit by state and 739
local law enforcement officers. If an F-10 permit is issued for 740
all or a portion of the same premises for which another class of 741
permit is issued, the division of liquor control shall suspend 742
that permit holder's privileges in that portion of the premises in 743
which the F-10 permit is in effect. 744
(E) No A-2, S-1, or S-2 permit holder or S permit holder 745

shall do any of the following at a farmers market for which an 746
F-10 permit has been issued: 747
(1) Sell a tasting sample in an amount that exceeds one 748
134HB110-HC1522/JF
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749
ounce;
(2) Sell more than one sample of each wine offered for sale 750
to any one person; 751
(3) Sell more than five varieties of wine as tasting samples 752
per day; 753
(4) Sell a variety of wine that is offered for distribution 754

by a wholesale distributor in any state. Division (E)(4) of this 755
section does not apply to a variety of wine solely distributed by 756
the A-2, S-1, or S-2 permit holder or S permit holder. 757
(5) Sell more than four and one-half liters of wine per 758
household for off-premises consumption under division (B)(2) of 759
this section; 760
(6) Allow any person other than the A-2, S-1, or S-2 permit 761
holder or S permit holder, a member of the applicable permit 762
holder's family, or an employee of the applicable permit holder to 763
sell wine. 764
(F) The F-10 permit is effective for nine months. The permit 765
is not renewable. However, a person who organizes a farmers market 766
may re-apply for a new permit. The fee for the F-10 permit is one 767
hundred dollars. 768
(G) An A-2, S-1, or S-2 permit holder or S permit holder 769

shall not conduct the activities described in division (B) of this 770
section unless the sale of wine for consumption on the premises 771
and the sale of wine for consumption off the premises is 772
authorized in the election precinct in which the farmers market 773
that is the subject of the F-10 permit is located. 774
(H) No F-10 permit holder shall allow more than four A-2 775
permit holders, four S S-1 permit holders, four S-2 permit 776
holders, or a combination of four A-2, S-1, and S-2 permit holders 777
134HB110-HC1522/JF
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and S permit holders per day to conduct the activities described 778
in division (B) of this section on the premises of the applicable 779
farmers market. 780
Sec. 4303.232. (A)(1) Permit S may be issued The division of 781

liquor control may issue an S-1 permit to a person that is the 782
brand owner or United States importer of beer or wine, is the 783
designated agent of a brand owner or importer for all beer or wine 784
sold in this state for that owner or importer, or manufactures 785
wine if the manufacturer is entitled to a tax credit under 27 786
C.F.R. 24.278 and produces beer or less than two hundred fifty 787
thousand gallons of wine per year. If the person resides outside 788
this state, the person shall comply with the requirements 789
governing the issuance of licenses or permits that authorize the 790
sale of beer or intoxicating liquor by the appropriate authority 791
of the state in which the person resides or and by the alcohol and 792
tobacco tax and trade bureau of the United States department of 793
the treasury. 794
(2) The fee for the S S-1 permit is twenty-five dollars. 795
(3) The holder of an S An S-1 permit holder may sell beer or 796
wine to a personal consumer by receiving and filling orders that 797
the personal consumer submits to the permit holder. The permit 798
holder shall sell only beer or wine that the permit holder has 799
manufactured to a personal consumer. 800
(4) The holder of an S An S-1 permit holder shall renew the 801
permit in accordance with section 4303.271 of the Revised Code, 802
except that the renewal shall not be subject to the notice and 803
hearing requirements established in division (B) of that section. 804
(5) The division of liquor control may refuse to renew an S 805

S-1 permit for any of the reasons specified in section 4303.292 of 806
134HB110-HC1522/JF
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the Revised Code or if the holder of the permit fails to do any of 807
the following: 808
(a) Collect and pay all applicable taxes specified in 809

division (B) of this section; 810
(b) Pay the permit fee; 811
(c) Comply with this section or any rules adopted by the 812
liquor control commission under section 4301.03 of the Revised 813
Code. 814
(B)(1) The holder of an S An S-1 permit holder who sells wine 815
shall collect and pay the taxes relating to the delivery of wine 816
to a personal consumer that are levied under sections 4301.421, 817
4301.43, and 4301.432 and Chapters 5739. and 5741. of the Revised 818
Code. 819
(2) The holder of an S An S-1 permit holderwho sells beer 820

shall collect and pay the taxes relating to the delivery of beer 821
to a personal consumer that are levied under sections 4301.42 and 822
4301.421 and Chapters 4305., 4307., 5739., and 5741. of the 823
Revised Code. 824
(C)(1) The holder of an S An S-1 permit holder shall send a 825

shipment of beer or wine that has been paid for by a personal 826
consumer to that personal consumer via the holder of an H permit 827
holder. Prior to sending a shipment of beer or wine to a personal 828
consumer, the holder of an S S-1 permit holder, or an employee of 829
the permit holder, shall make a bona fide effort to ensure that 830
the personal consumer is at least twenty-one years of age. The 831
shipment of beer or wine shall be shipped in a package that 832
clearly has written on it in bold print the words "alcohol 833
enclosed." states that it contains alcohol. No person shall fail 834
to comply with division (C)(1) of this section. 835
134HB110-HC1522/JF
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(2) Upon delivering a shipment of beer or wine to a personal 836

consumer, the holder of the an H permit holder, or an employee of 837
the permit holder, shall verify that the personal consumer is at 838
least twenty-one years of age by checking the personal consumer's 839
driver's or commercial driver's license or identification card 840
issued under sections 4507.50 to 4507.52 of the Revised Code. 841
(3) The holder of an S An S-1 permit holder shall keep a 842

record of each shipment of beer or wine that the permit holder 843
sends to a personal consumer. The records shall be used for all of 844
the following: 845
(a) To provide a copy of each beer or wine shipment invoice 846

to the tax commissioner in a manner prescribed by the 847
commissioner. The invoice shall include the name of each personal 848
consumer that purchased beer or wine from the S S-1 permit holder 849
in accordance with this section and any other information required 850
by the tax commissioner. 851
(b) To provide annually in electronic format by electronic 852

means a report to the division. The report shall include the name 853
and address of each personal consumer that purchased beer or wine 854
from the S S-1 permit holder in accordance with this section, the 855
quantity of beer or wine purchased by each personal consumer, and 856
any other information requested by the division. The division 857
shall prescribe and provide an electronic form for the report and 858
shall determine the specific electronic means that the S S-1 859
permit holder must use to submit the report. 860
(c) To notify a personal consumer of any health or welfare 861

recalls of the beer or wine that has been purchased by the 862
personal consumer. 863
(D) As used in this section, "personal consumer" means an 864

individual who is at least twenty-one years of age, is a resident 865
134HB110-HC1522/JF
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866
of this state, does not hold a permit issued under this chapter,
867
and intends to use beer or wine purchased in accordance with this
868
section for personal consumption only and not for resale or other
869
commercial purposes.
(E) The holder of an S An S-1 permit holder shall comply with 870
this chapter, Chapter 4301. of the Revised Code, and any rules 871
adopted by the liquor control commission under section 4301.03 of 872
the Revised Code. 873
Sec. 4303.233. (A) As used in this section, "personal 874

consumer" means an individual who is at least twenty-one years of 875
age, is a resident of this state, does not hold a permit issued 876
under this chapter, and intends to use wine purchased in 877
accordance with this section for personal consumption only and not 878
for resale or other commercial purposes. 879
(B)(1) The division of liquor control may issue an S-2 permit 880
to a person that manufactures two hundred fifty thousand gallons 881
or more of wine per year. If the person resides outside this 882
state, the person shall comply with the requirements governing the 883
issuance of licenses or permits that authorize the sale of beer or 884
intoxicating liquor by the appropriate authority of the state in 885
which the person resides and by the alcohol and tobacco tax and 886
trade bureau of the United States department of the treasury. 887
(2) An S-2 permit holder may sell wine to a personal consumer 888
by receiving and filling orders that the personal consumer submits 889
to the permit holder. The permit holder shall sell only wine that 890
the permit holder has manufactured to a personal consumer. An S-2 891
permit holder may use a fulfillment warehouse registered under 892
section 4303.234 of the Revised Code to send a shipment of wine to 893
a personal consumer. A fulfillment warehouse is an agent of an S-2 894
134HB110-HC1522/JF
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895
permit holder and an S-2 permit holder is liable for violations of
896
this chapter and Chapter 4301. of the Revised Code that are
897
committed by the fulfillment warehouse regarding wine shipped on
898
behalf of the S-2 permit holder.
(C) An S-2 permit holder shall collect and pay the taxes 899
relating to the delivery of wine to a personal consumer that are 900
levied under sections 4301.421, 4301.43, and 4301.432 and Chapters 901
5739. and 5741. of the Revised Code. 902
(D)(1) An S-2 permit holder shall send a shipment of wine 903

that has been paid for by a personal consumer to that personal 904
consumer via an H permit holder. Prior to sending a shipment of 905
wine to a personal consumer, the S-2 permit holder, or an employee 906
of the permit holder, shall make a bona fide effort to ensure that 907
the personal consumer is at least twenty-one years of age. The 908
shipment of wine shall be shipped in a package that clearly states 909
that it contains alcohol. No person shall fail to comply with 910
division (D)(1) of this section. 911
(2) Upon delivering a shipment of wine to a personal 912

consumer, an H permit holder, or an employee of the permit holder, 913
shall verify that the personal consumer is at least twenty-one 914
years of age by checking the personal consumer's driver's or 915
commercial driver's license or identification card issued under 916
sections 4507.50 to 4507.52 of the Revised Code. 917
(3) An S-2 permit holder shall keep a record of each shipment 918
of wine that the permit holder sends to a personal consumer. The 919
records shall be used for all of the following: 920
(a) To provide a copy of each wine shipment invoice to the 921

tax commissioner in a manner prescribed by the commissioner. The 922
invoice shall include the name of each personal consumer that 923
purchased wine from the S-2 permit holder in accordance with this 924
134HB110-HC1522/JF
HC1522 Page 33
925
section and any other information required by the tax
926
commissioner.
(b) To provide annually in electronic format by electronic 927

means a report to the division. The report shall include the name 928
and address of each personal consumer that purchased wine from the 929
S-2 permit holder in accordance with this section, the quantity of 930
wine purchased by each personal consumer, and any other 931
information requested by the division. If the S-2 permit holder 932
uses a fulfillment warehouse registered under section 4303.234 of 933
the Revised Code to send a shipment of wine on behalf of the S-2 934
permit holder, the S-2 permit holder need not include the personal 935
consumer information for that shipment in the report. The division 936
shall prescribe and provide an electronic form for the report and 937
shall determine the specific electronic means that the S-2 permit 938
holder must use to submit the report. 939
(c) To notify a personal consumer of any health or welfare 940

recalls of the wine that has been purchased by the personal 941
consumer. 942
(E) An S-2 permit holder shall comply with this chapter, 943
Chapter 4301. of the Revised Code, and any rules adopted by the 944
Code. 946
(F)(1) An S-2 permit holder shall renew the permit in 947

accordance with section 4303.271 of the Revised Code, except that 948
the renewal shall not be subject to the notice and hearing 949
requirements established in division (B) of that section. 950
(2) The division may refuse to renew an S-2 permit for any of 951
the reasons specified in section 4303.292 of the Revised Code or 952
if the permit holder fails to do any of the following: 953
134HB110-HC1522/JF
HC1522 Page 34
(a) Collect and pay all applicable taxes specified in 954

division (C) of this section; 955
(b) Pay the permit fee; 956
(c) Comply with this section or any rules adopted by the 957
Code. 959
(G) The initial fee for the S-2 permit is two hundred fifty 960
dollars. The renewal fee for the S-2 permit is one hundred 961
dollars. 962
Sec. 4303.234. (A) As used in this section: 963
(1) "Fulfillment warehouse" means a person that operates a 964

warehouse that is located outside this state and has entered into 965
a written agreement with an S-2 permit holder to fulfill orders of 966
the S-2 permit holder's wine to personal consumers via delivery by 967
an H permit holder. 968
(2) "Personal consumer" has the same meaning as in section 969

(B) A fulfillment warehouse may send a shipment of wine sold 971

by an S-2 permit holder to a personal consumer via an H permit 972
holder. A fulfillment warehouse shall provide annually in 973
electronic format by electronic means a report to the division not 974
later than March first. The annual report shall include all of the 975
following: 976
(1) The name and address of the fulfillment warehouse. The 977
fulfillment warehouse shall include the address of each location 978
owned or operated by the fulfillment warehouse that is used to 979
ship wine to personal consumers in this state. 980
(2) The name and address of each S-2 liquor permit holder 981
134HB110-HC1522/JF
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982
with which the fulfillment warehouse has entered into an
983
agreement;
(3) The name and address of each personal consumer that the 984
fulfillment warehouse sends wine to and the quantity of wine 985
purchased by the personal consumer; 986
(4) The shipping tracking number provided by the H permit 987

holder for each shipment of wine delivered to a personal consumer. 988
The division shall prescribe and provide an electronic form for 989
the report and shall determine the specific electronic means that 990
the fulfillment warehouse must use to submit the report. 991
(E) The division shall adopt rules in accordance with Chapter 992
119. of the Revised Code necessary to administer and enforce this 993
section. 994
Sec. 4303.234 4303.235. All B-2a, S-1, and S S-2 permit 995
holders and fulfillment warehouses, as defined in section 4303.234 996
of the Revised Code, are subject to the following: 997
(A) Audit by the division of liquor control or the department 998

of taxation; 999
(B) Jurisdiction of the liquor control commission, the 1000

division of liquor control, the department of taxation, the 1001
department of public safety, and the courts of this state; and 1002
(C) The statutes and rules of this state. 1003
Sec. 4303.233 4303.236. (A) No family household shall 1004

purchase more than twenty-four cases of twelve bottles of seven 1005
hundred fifty milliliters of wine in one year. 1006
(B)(1) Except as provided in section 4303.185 of the Revised 1007

Code, no person shall knowingly send a shipment of wine to a 1008
134HB110-HC1522/JF
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1009
personal consumer, as defined in section 4303.233 of the Revised
1010
Code, without an S-1 or S-2 permit or registering as a fulfillment
1011
warehouse under section 4303.234 of the Revised Code. This
1012
division does not apply to an H permit holder.
(2) Except as provided in section 4303.185 of the Revised 1013

Code, no person shall knowingly send a shipment of beer to a 1014
personal consumer, as defined in section 4303.232 of the Revised 1015
Code, without an S-1 permit. This division does not apply to an H 1016
permit holder. 1017
(C) A person that is not a beer or wine manufacturer, 1018

including the holder of any retail permit in this state or outside 1019
of this state, shall not obtain or attempt to obtain a B-2a, S-1, 1020
or S-2 permit." 1021
"Sec. 4303.33. (A) Every A-1 or A-1c permit holder in this 1023
state, every bottler, importer, wholesale dealer, broker, 1024
producer, or manufacturer of beer outside this state and within 1025
the United States, and every B-1 permit holder and importer 1026
importing beer from any manufacturer, bottler, person, or group of 1027
persons however organized outside the United States for sale or 1028
distribution for sale in this state, on or before the eighteenth 1029
day of each month, shall make and file with the tax commissioner 1030
upon a form prescribed by the tax commissioner an advance tax 1031
payment in an amount estimated to equal the taxpayer's tax 1032
liability for the month in which the advance tax payment is made. 1033
If the advance tax payment credits claimed on the report are for 1034
advance tax payments received by the tax commissioner on or before 1035
the eighteenth day of the month covered by the report, the 1036
taxpayer is entitled to an additional credit of three per cent of 1037
134HB110-HC1522/JF
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the advance tax payment and a discount of three per cent shall be 1038
allowed the taxpayer at the time of filing the report if filed as 1039
provided in division (B) of this section on any amount by which 1040
the tax liability reflected in the report exceeds the advance tax 1041
payment estimate by not more than ten per cent. The additional 1042
three per cent credit and three per cent discount shall be in 1043
consideration for advancing the payment of the tax and other 1044
services performed by the permit holder and other taxpayers in the 1045
collection of the tax. 1046
"Advance tax payment credit" means credit for payments made 1047
by an A-1, A-1c, or B-1 permit holder and any other persons during 1048
the period covered by a report which was made in anticipation of 1049
the tax liability required to be reported on that report. 1050
"Tax liability" as used in division (A) of this section means 1051

the total gross tax liability of an A-1, A-1c, or B-1 permit 1052
holder and any other persons for the period covered by a report 1053
before any allowance for credits and discount. 1054
(B) Every A-1 or A-1c permit holder in this state, every 1055
bottler, importer, wholesale dealer, broker, producer, or 1056
manufacturer of beer outside this state and within the United 1057
States, and every B-1 permit holder importing beer from any 1058
manufacturer, bottler, person, or group of persons however 1059
organized outside the United States, and every S S-1 permit 1060
holder, on or before the tenth day of each month, shall make and 1061
file a report for the preceding month upon a form prescribed by 1062
the tax commissioner which report shall show the amount of beer 1063
produced, sold, and distributed for sale in this state by the A-1 1064
or A-1c permit holder, sold and distributed for sale in this state 1065
by each manufacturer, bottler, importer, wholesale dealer, or 1066
broker outside this state and within the United States, the amount 1067
134HB110-HC1522/JF
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of beer imported into this state from outside the United States 1068
and sold and distributed for sale in this state by the B-1 permit 1069
holder or importer, and the amount of beer sold in this state by 1070
the S S-1 permit holder. 1071
The report shall be filed by mailing it to the tax 1072

commissioner, together with payment of the tax levied by sections 1073
4301.42 and 4305.01 of the Revised Code shown to be due on the 1074
report after deduction of advance payment credits and any 1075
additional credits or discounts provided for under this section. 1076
(C)(1) Every A-2, A-2f, A-4, B-2, B-2a, B-3, B-4, B-5, S-1, 1077
and S S-2 permit holder in this state, on or before the eighteenth 1078
day of each month, shall make and file a report with the tax 1079
commissioner upon a form prescribed by the tax commissioner which 1080
report shall show, on the report of each A-2, A-2f, A-4, B-2a, 1081
S-1, and S S-2 permit holder the amount of wine, cider, and mixed 1082
beverages produced and sold, or sold in this state by each such 1083
A-2, A-2f, A-4, B-2a, S-1, and S S-2 permit holder for the next 1084
preceding calendar month and such other information as the tax 1085
commissioner requires, and on the report of each such B-2, B-3, 1086
B-4, and B-5 permit holder the amount of wine, cider, and mixed 1087
beverages purchased from an importer, broker, wholesale dealer, 1088
producer, or manufacturer located outside this state and sold and 1089
distributed in this state by such B-2, B-3, B-4, and B-5 permit 1090
holder, for the next preceding calendar month and such other 1091
information as the tax commissioner requires. 1092
(2) Every such A-2, A-2f, A-4, B-2, B-2a, B-3, B-4, B-5, S-1, 1093
and S S-2 permit holder in this state shall remit with the report 1094
the tax levied by sections 4301.43 and, if applicable, 4301.432 of 1095
the Revised Code less a discount thereon of three per cent of the 1096
total tax so levied and paid, provided the return is filed 1097
together with remittance of the amount of tax shown to be due 1098
134HB110-HC1522/JF
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thereon, within the time prescribed. Any permit holder or other 1099
persons who fail to file a report under this section, for each day 1100
the person so fails, may be required to forfeit and pay into the 1101
state treasury the sum of one dollar as revenue arising from the 1102
tax imposed by sections 4301.42, 4301.43, 4301.432, and 4305.01 of 1103
the Revised Code, and that sum may be collected by assessment in 1104
the manner provided in section 4305.13 of the Revised Code. 1105
(3) If the tax commissioner determines that the quantity 1106

reported by a person does not warrant monthly reporting, the 1107
commissioner may authorize the filing of returns and the payment 1108
of the tax required by this section for periods longer than one 1109
month. 1110
(D) Every B-1 permit holder and importer in this state 1111
importing beer from any manufacturer, bottler, person, or group of 1112
persons however organized, outside the United States, if required 1113
by the tax commissioner shall post a bond payable to the state in 1114
such form and amount as the commissioner prescribes with surety to 1115
the satisfaction of the tax commissioner, conditioned upon the 1116
payment to the tax commissioner of taxes levied by sections 1117
(E) No such wine, beer, cider, or mixed beverages sold or 1119

distributed in this state shall be taxed more than once under 1120
sections 4301.42, 4301.43, and 4305.01 of the Revised Code. 1121
(F) As used in this section: 1122
(1) "Cider" has the same meaning as in section 4301.01 of the 1123
Revised Code. 1124
(2) "Wine" has the same meaning as in section 4301.01 of the 1125
Revised Code, except that "wine" does not include cider. 1126
(G) All money collected by the tax commissioner under this 1127
134HB110-HC1522/JF
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1128
section shall be paid to the treasurer of state as revenue arising
1129
from the taxes levied by sections 4301.42, 4301.43, 4301.432, and
1130
4305.01 of the Revised Code.
Sec. 4303.99. (A) Whoever violates section 4303.28 of the 1131

Revised Code shall be fined not less than one thousand nor more 1132
than twenty-five hundred dollars or imprisoned not less than six 1133
months nor more than one year. 1134
(B) Whoever violates section 4303.36 of the Revised Code 1135

shall be fined not less than twenty-five nor more than one hundred 1136
dollars. 1137
(C) Whoever violates section 4303.37 of the Revised Code 1138

shall be fined not less than twenty-five nor more than fifty 1139
dollars. 1140
(D) Whoever violates division (D)(2) of section 4303.202 or 1141

division (C) of section 4303.208 of the Revised Code is guilty of 1142
a misdemeanor of the fourth degree. 1143
(E)(1) Whoever violates division (B)(1) or (2) of section 1144

4303.236 of the Revised Code is guilty of a misdemeanor and shall 1145
be fined not more than five hundred dollars. 1146
(2) If a person commits a second offense within one year 1147

after committing the first offense, the person shall be fined not 1148
more than one thousand dollars. 1149
(3) If a person commits a third or subsequent offense within 1150

one year after committing the first offense, the person shall be 1151
fined not more than five thousand dollars." 1152

4301.30, 4301.42,"; after "4301.43," insert "4301.62, 4303.03, 1154
4303.031, 4303.071," 1155
134HB110-HC1522/JF
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4303.233, 4303.234,"; after "4303.271," insert "4303.33, 4303.99," 1157
SYNOPSIS
Direct wine sales S-1 liquor permit changes 1158
R.C. 4301.10, 4301.12, 4301.30, 4301.42, 4301.62, 4303.03, 1159

4303.031, 4303.2010, 4303.232, 4303.234 (renumbered 4303.235), 1160
4303.33, and 4303.99 1161
Renames the S liquor permit the S-1 permit and eliminates the 1162
following from eligibility for the permit: 1163
1. A brand owner or U.S. importer of beer and its designated 1164

agent; 1165
2. A brand owner or U.S. importer of wine or its designated 1166

agent. 1167
Expands the eligibility for the S-1 permit to a person 1168

(inside or outside Ohio) that manufactures beer. 1169
Retains eligibility for the S-1 permit for a person (inside 1170
or outside Ohio) that manufactures less than 250,000 gallons of 1171
wine annually, but eliminates the requirement that a wine 1172
manufacturer must be eligible for a specified federal tax credit 1173
in order to qualify for the S-1 permit. 1174
(The S-1 permit allows a manufacturer to sell and ship its 1175
beer or wine directly to a personal consumer.) 1176
Creation of S-2 liquor permit 1177
R.C. 4303.233 1178
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Creates the S-2 liquor permit to be issued to a person 1179

(inside or outside Ohio) that manufactures 250,000 gallons or more 1180
of wine annually. 1181
Authorizes an S-2 permit holder to sell and ship its wine 1182
directly to personal consumers. 1183
Wine fulfillment warehouse 1184
R.C. 4303.234 1185
Authorizes a fulfillment warehouse to send a shipment of an 1186

S-2 permit holder's wine to a personal consumer under specified 1187
conditions, including the fulfillment warehouse is located outside 1188
of this state and has entered into a written agreement with an S-2 1189
permit holder to fulfill orders on behalf of the S-2 permit 1190
holder. 1191
B-2a liquor permit changes 1192
R.C. 4303.071 1193
Eliminates the brand owner or U.S. importer of wine and their 1194
designated agents from B-2a permit eligibility. 1195
Expands eligibility for the B-2a permit to a person that 1196

manufactures any amount of wine by eliminating both of the 1197
following: 1198
1. A requirement that a manufacturer may only produce under 1199

250,000 gallons annually; and 1200
2. A requirement that a manufacturer must be eligible for a 1201

specified federal tax credit. 1202
Specifies that a B-2a permit holder may not sell wine that 1203
has been assigned an Ohio distribution territory. 1204
(Under the permit, a manufacturer may sell its wine directly 1205
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1206
to retailers without first selling to a wholesaler.)
Illegal shipment of wine 1207
R.C. 4303.233 (renumbered 4303.236) and 4303.99 1208
Except for the delivery of a to-go serving of wine by a 1209

retail permit holder, prohibits a person from knowingly sending a 1210
shipment of wine to a personal consumer without an S-1 or S-2 1211
permit or registering as a fulfillment warehouse. 1212
Except for the delivery of a to-go serving of beer by a 1213

retail permit holder, prohibits a person from knowingly sending a 1214
shipment of beer to a personal consumer without an S-1 permit. 1215
Specifies that a violator may be fined between $500 and 1216

$5,000, depending on the number of violations. 1217
Retail permit holder prohibition 1218
(R.C. 4303.236) 1219
Prohibits a person that is not a beer or wine manufacturer, 1220

including the holder of any retail permit in this state or outside 1221
of this state, from obtaining or attempting to obtain a B-2a, S-1, 1222
or S-2 permit. 1223
134HB110-HC1522/JF
HC1525
Sub. H.B. 110

L-134-0001-3
"Sec. 5123.19. (A) As used in sections 5123.19 to 5123.20 of 4

the Revised Code: 5
(1) "Independent living arrangement" means an arrangement in 6

which an individual with a developmental disability resides in an 7
individualized setting chosen by the individual or the 8
individual's guardian, which is not dedicated principally to the 9
provision of residential services for individuals with 10
developmental disabilities, and for which no financial support is 11
received for rendering such service from any governmental agency 12
by a provider of residential services. 13
(2) "Licensee" means the person or government agency that has 14

applied for a license to operate a residential facility and to 15
which the license was issued under this section. 16
(3) "Political subdivision" means a municipal corporation, 17

county, or township. 18
(4) "Related party" has the same meaning as in section 19

5123.16 of the Revised Code except that "provider" as used in the 20
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21
definition of "related party" means a person or government entity
22
that held or applied for a license to operate a residential
23
facility, rather than a person or government entity certified to
24
provide supported living.
(5)(a) Except as provided in division (A)(5)(b) of this 25

section, "residential facility" means a home or facility, 26
including an ICF/IID, in which an individual with a developmental 27
disability resides. 28
(b) "Residential facility" does not mean any of the 29

following: 30
(i) The home of a relative or legal guardian in which an 31

individual with a developmental disability resides; 32
(ii) A respite care home certified under section 5126.05 of 33

the Revised Code; 34
(iii) A county home or district home operated pursuant to 35

Chapter 5155. of the Revised Code; 36
(iv) A dwelling in which the only residents with 37

developmental disabilities are in independent living arrangements 38
or are being provided supported living. 39
(B) Every person or government agency desiring to operate a 40

residential facility shall apply for licensure of the facility to 41
the director of developmental disabilities unless the residential 42
facility is subject to section 3721.02, 5103.03, 5119.33, or 43
division (B)(1)(b) of section 5119.34 of the Revised Code. 44
(C) Subject to section 5123.196 of the Revised Code, the 45

director of developmental disabilities shall license the operation 46
of residential facilities. An initial license shall be issued for 47
a period that does not exceed one year, unless the director denies 48
the license under division (D) of this section. A license shall be 49
134HB110-HC1525/NW
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50
renewed for a period that does not exceed three years, unless the
51
director refuses to renew the license under division (D) of this
52
section. The director, when issuing or renewing a license, shall
53
specify the period for which the license is being issued or
54
renewed. A license remains valid for the length of the licensing
55
period specified by the director, unless the license is
56
terminated, revoked, or voluntarily surrendered.
(D) If it is determined that an applicant or licensee is not 57

in compliance with a provision of this chapter that applies to 58
residential facilities or the rules adopted under such a 59
provision, the director may deny issuance of a license, refuse to 60
renew a license, terminate a license, revoke a license, issue an 61
order for the suspension of admissions to a facility, issue an 62
order for the placement of a monitor at a facility, issue an order 63
for the immediate removal of residents, or take any other action 64
the director considers necessary consistent with the director's 65
authority under this chapter regarding residential facilities. In 66
the director's selection and administration of the sanction to be 67
imposed, all of the following apply: 68
(1) The director may deny, refuse to renew, or revoke a 69

license, if the director determines that the applicant or licensee 70
has demonstrated a pattern of serious noncompliance or that a 71
violation creates a substantial risk to the health and safety of 72
residents of a residential facility. 73
(2) The director may terminate a license if more than twelve 74

consecutive months have elapsed since the residential facility was 75
last occupied by a resident or a notice required by division (J) 76
of this section is not given. 77
(3) The director may issue an order for the suspension of 78

admissions to a facility for any violation that may result in 79
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80
sanctions under division (D)(1) of this section and for any other
81
violation specified in rules adopted under division (G)(2) of this
82
section. If the suspension of admissions is imposed for a
83
violation that may result in sanctions under division (D)(1) of
84
this section, the director may impose the suspension before
85
providing an opportunity for an adjudication under Chapter 119. of
86
the Revised Code. The director shall lift an order for the
87
suspension of admissions when the director determines that the
88
violation that formed the basis for the order has been corrected.
(4) The director may order the placement of a monitor at a 89

residential facility for any violation specified in rules adopted 90
under division (G)(2) of this section. The director shall lift the 91
order when the director determines that the violation that formed 92
the basis for the order has been corrected. 93
(5) When the director initiates license revocation 94

proceedings, no opportunity for submitting a plan of correction 95
shall be given. The director shall notify the licensee by letter 96
of the initiation of the proceedings. The letter shall list the 97
deficiencies of the residential facility and inform the licensee 98
that no plan of correction will be accepted. The director shall 99
also send a copy of the letter to the county board of 100
developmental disabilities. Except in the case of a licensee that 101
is an ICF/IID, the county board shall send a copy of the letter to 102
each of the following: 103
(a) Each resident who receives services from the licensee; 104
(b) The guardian of each resident who receives services from 105
the licensee if the resident has a guardian; 106
(c) The parent or guardian of each resident who receives 107

services from the licensee if the resident is a minor. 108
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(6) Pursuant to rules which shall be adopted in accordance 109

with Chapter 119. of the Revised Code, the director may order the 110
immediate removal of residents from a residential facility 111
whenever conditions at the facility present an immediate danger of 112
physical or psychological harm to the residents. 113
(7) In determining whether a residential facility is being 114

operated in compliance with a provision of this chapter that 115
applies to residential facilities or the rules adopted under such 116
a provision, or whether conditions at a residential facility 117
present an immediate danger of physical or psychological harm to 118
the residents, the director may rely on information obtained by a 119
county board of developmental disabilities or other governmental 120
agencies. 121
(8) In proceedings initiated to deny, refuse to renew, or 122

revoke licenses, the director may deny, refuse to renew, or revoke 123
a license regardless of whether some or all of the deficiencies 124
that prompted the proceedings have been corrected at the time of 125
the hearing. 126
(E)(1) Except as provided in division (E)(2) of this section, 127

appeals from proceedings initiated to impose a sanction under 128
division (D) of this section shall be conducted in accordance with 129
Chapter 119. of the Revised Code. 130
(2) Appeals from proceedings initiated to order the 131

suspension of admissions to a facility shall be conducted in 132
accordance with Chapter 119. of the Revised Code, unless the order 133
was issued before providing an opportunity for an adjudication, in 134
which case all of the following apply: 135
(a) The licensee may request a hearing not later than ten 136
days after receiving the notice specified in section 119.07 of the 137
Revised Code. 138
134HB110-HC1525/NW
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(b) If a timely request for a hearing that includes the 139

licensee's current address is made, the hearing shall commence not 140
later than thirty days after the department receives the request. 141
(c) After commencing, the hearing shall continue 142

uninterrupted, except for Saturdays, Sundays, and legal holidays, 143
unless other interruptions are agreed to by the licensee and the 144
director. 145
(d) If the hearing is conducted by a hearing examiner, the 146

hearing examiner shall file a report and recommendations not later 147
than ten days after the last of the following: 148
(i) The close of the hearing; 149
(ii) If a transcript of the proceedings is ordered, the 150

hearing examiner receives the transcript; 151
(iii) If post-hearing briefs are timely filed, the hearing 152

examiner receives the briefs. 153
(e) A copy of the written report and recommendation of the 154

hearing examiner shall be sent, by certified mail, to the licensee 155
and the licensee's attorney, if applicable, not later than five 156
days after the report is filed. 157
(f) Not later than five days after the hearing examiner files 158
the report and recommendations, the licensee may file objections 159
to the report and recommendations. 160
(g) Not later than fifteen days after the hearing examiner 161
files the report and recommendations, the director shall issue an 162
order approving, modifying, or disapproving the report and 163
recommendations. 164
(h) Notwithstanding the pendency of the hearing, the director 165

shall lift the order for the suspension of admissions when the 166
134HB110-HC1525/NW
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167
director determines that the violation that formed the basis for
168
the order has been corrected.
(F) Neither a person or government agency whose application 169

for a license to operate a residential facility is denied nor a 170
related party of the person or government agency may apply for a 171
license to operate a residential facility before the date that is 172
five years after the date of the denial. Neither a licensee whose 173
residential facility license is revoked nor a related party of the 174
licensee may apply for a residential facility license before the 175
date that is five years after the date of the revocation. 176
(G) In accordance with Chapter 119. of the Revised Code, the 177
director shall adopt and may amend and rescind rules for licensing 178
and regulating the operation of residential facilities. The rules 179
for residential facilities that are ICFs/IID may differ from those 180
for other residential facilities. The rules shall establish and 181
specify the following: 182
(1) Procedures and criteria for issuing and renewing 183

licenses, including procedures and criteria for determining the 184
length of the licensing period that the director must specify for 185
each license when it is issued or renewed; 186
(2) Procedures and criteria for denying, refusing to renew, 187

terminating, and revoking licenses and for ordering the suspension 188
of admissions to a facility, placement of a monitor at a facility, 189
and the immediate removal of residents from a facility; 190
(3) Fees for issuing and renewing licenses, which shall be 191
deposited into the program fee fund created under section 5123.033 192
of the Revised Code; 193
(4) Procedures for surveying residential facilities; 194
(5) Classifications for the various types of residential 195
134HB110-HC1525/NW
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196
facilities;
(6) The maximum number of individuals who may be served in a 197

particular type of residential facility; 198
(7) Uniform procedures for admission of individuals to and 199

transfers and discharges of individuals from residential 200
facilities; 201
(8) Other standards for the operation of residential 202

facilities and the services provided at residential facilities; 203
(9) Procedures for waiving any provision of any rule adopted 204
under this section. 205
(H)(1) Before issuing a license, the director shall conduct a 206

survey of the residential facility for which application is made. 207
The director shall conduct a survey of each licensed residential 208
facility at least once during the period the license is valid and 209
may conduct additional inspections as needed. A survey includes 210
but is not limited to an on-site examination and evaluation of the 211
residential facility, its personnel, and the services provided 212
there. The director may assign to a county board of developmental 213
disabilities or the department of health the responsibility to 214
conduct any survey or inspection under this section. 215
(2) In conducting surveys, the director shall be given access 216

to the residential facility; all records, accounts, and any other 217
documents related to the operation of the facility; the licensee; 218
the residents of the facility; and all persons acting on behalf 219
of, under the control of, or in connection with the licensee. The 220
licensee and all persons on behalf of, under the control of, or in 221
connection with the licensee shall cooperate with the director in 222
conducting the survey. 223
(3) Following each survey, the director shall provide the 224
134HB110-HC1525/NW
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225
licensee with a report listing the date of the survey, any
226
citations issued as a result of the survey, and the statutes or
227
rules that purportedly have been violated and are the bases of the
228
citations. The director shall also do both of the following:
(a) Specify a date by which the licensee may appeal any of 229
the citations; 230
(b) When appropriate, specify a timetable within which the 231

licensee must submit a plan of correction describing how the 232
problems specified in the citations will be corrected and, the 233
date by which the licensee anticipates the problems will be 234
corrected. 235
(4) If the director initiates a proceeding to revoke a 236

license, the director shall include the report required by 237
division (H)(3) of this section with the notice of the proposed 238
revocation the director sends to the licensee. In this 239
circumstance, the licensee may not submit a plan of correction. 240
(5) After a plan of correction is submitted, the director 241

shall approve or disapprove the plan. If the plan of correction is 242
approved, a copy of the approved plan shall be provided, not later 243
than five business days after it is approved, to any person or 244
government entity who requests it and made available on the 245
internet web site maintained by the department of developmental 246
disabilities. If the plan of correction is not approved and the 247
director initiates a proceeding to revoke the license, a copy of 248
the survey report shall be provided to any person or government 249
entity that requests it and shall be made available on the 250
internet web site maintained by the department. 251
(6) The director shall initiate disciplinary action against 252

any department employee who notifies or causes the notification to 253
any unauthorized person of an unannounced survey of a residential 254
134HB110-HC1525/NW
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255
facility by an authorized representative of the department.
(I) In addition to any other information which may be 256

required of applicants for a license pursuant to this section, the 257
director shall require each applicant to provide a copy of an 258
approved plan for a proposed residential facility pursuant to 259
section 5123.042 of the Revised Code. This division does not apply 260
to renewal of a license or to an applicant for an initial or 261
modified license who meets the requirements of section 5123.197 of 262
(J)(1) A licensee shall notify the owner of the building in 264

which the licensee's residential facility is located of any 265
significant change in the identity of the licensee or management 266
contractor before the effective date of the change if the licensee 267
is not the owner of the building. 268
(a) Division (J)(1)(b) of this section applies to a 269

residential facility that meets both of the following criteria: 270
(i) The building in which the residential facility is located 271

was leased by the licensee between July 1, 1995, and July 1, 1996. 272
(ii) The residential facility was operated at that building 273

without a lease agreement for more than four years. 274
(b) For a residential facility described in division 275

(J)(1)(a) of this section, a license that specifies the location 276
of a residential facility is not transferrable to a different 277
location if the licensee is not the owner of the building where 278
the residential facility is located. If a licensee no longer 279
operates the residential facility at the location specified in the 280
license, the owner of the building in which the residential 281
facility is located may request that the director transfer the 282
license to a different licensee or management contractor that is 283
134HB110-HC1525/NW
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284
willing to operate the residential facility at that location. The
285
director shall grant the license to the owner of the residential
286
facility upon the owner's request.
(c) Nothing in division (J)(1)(b) of this section shall be 287

construed to require the director to increase the number of 288
residential facility licenses in this state. 289
(2) Pursuant to rules, which shall be adopted in accordance 290

with Chapter 119. of the Revised Code, the director may require 291
notification to the department of any significant change in the 292
ownership of a residential facility or in the identity of the 293
licensee or management contractor. If the director determines that 294
a significant change of ownership is proposed, the director shall 295
consider the proposed change to be an application for development 296
by a new operator pursuant to section 5123.042 of the Revised Code 297
and shall advise the applicant within sixty days of the 298
notification that the current license shall continue in effect or 299
a new license will be required pursuant to this section. If the 300
director requires a new license, the director shall permit the 301
facility to continue to operate under the current license until 302
the new license is issued, unless the current license is revoked, 303
refused to be renewed, or terminated in accordance with Chapter 304
119. of the Revised Code. 305
(3) A licensee shall transfer to the new licensee or 306

management contractor all records related to the residents of the 307
facility following any significant change in the identity of the 308
licensee or management contractor. 309
(K) A county board of developmental disabilities and any 310

interested person may file complaints alleging violations of 311
statute or department rule relating to residential facilities with 312
the department. All complaints shall state the facts constituting 313
134HB110-HC1525/NW
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314
the basis of the allegation. The department shall not reveal the
315
source of any complaint unless the complainant agrees in writing
316
to waive the right to confidentiality or until so ordered by a
317
court of competent jurisdiction.
The department shall adopt rules in accordance with Chapter 318

119. of the Revised Code establishing procedures for the receipt, 319
referral, investigation, and disposition of complaints filed with 320
the department under this division. 321
(L) Before issuing a license under this section to a 322

residential facility that will accommodate at any time more than 323
one individual with a developmental disability, the director 324
shall, by first class mail, notify the following: 325
(1) If the facility will be located in a municipal 326

corporation, the clerk of the legislative authority of the 327
municipal corporation; 328
(2) If the facility will be located in unincorporated 329

territory, the clerk of the appropriate board of county 330
commissioners and the fiscal officer of the appropriate board of 331
township trustees. 332
The director shall not issue the license for ten days after 333
mailing the notice, excluding Saturdays, Sundays, and legal 334
holidays, in order to give the notified local officials time in 335
which to comment on the proposed issuance. 336
Any legislative authority of a municipal corporation, board 337

of county commissioners, or board of township trustees that 338
receives notice under this division of the proposed issuance of a 339
license for a residential facility may comment on it in writing to 340
the director within ten days after the director mailed the notice, 341
excluding Saturdays, Sundays, and legal holidays. If the director 342
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343
receives written comments from any notified officials within the
344
specified time, the director shall make written findings
345
concerning the comments and the director's decision on the
346
issuance of the license. If the director does not receive written
347
comments from any notified local officials within the specified
348
time, the director shall continue the process for issuance of the
349
license.
(M) Any person may operate a licensed residential facility 350

that provides room and board, personal care, habilitation 351
services, and supervision in a family setting for at least six but 352
not more than eight individuals with developmental disabilities as 353
a permitted use in any residential district or zone, including any 354
single-family residential district or zone, of any political 355
subdivision. These residential facilities may be required to 356
comply with area, height, yard, and architectural compatibility 357
requirements that are uniformly imposed upon all single-family 358
residences within the district or zone. 359
(N) Any person may operate a licensed residential facility 360

that provides room and board, personal care, habilitation 361
services, and supervision in a family setting for at least nine 362
but not more than sixteen individuals with developmental 363
disabilities as a permitted use in any multiple-family residential 364
district or zone of any political subdivision, except that a 365
political subdivision that has enacted a zoning ordinance or 366
resolution establishing planned unit development districts may 367
exclude these residential facilities from those districts, and a 368
political subdivision that has enacted a zoning ordinance or 369
resolution may regulate these residential facilities in 370
multiple-family residential districts or zones as a conditionally 371
permitted use or special exception, in either case, under 372
reasonable and specific standards and conditions set out in the 373
134HB110-HC1525/NW
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374
zoning ordinance or resolution to:
(1) Require the architectural design and site layout of the 375
residential facility and the location, nature, and height of any 376
walls, screens, and fences to be compatible with adjoining land 377
uses and the residential character of the neighborhood; 378
(2) Require compliance with yard, parking, and sign 379

regulation; 380
(3) Limit excessive concentration of these residential 381

facilities. 382
(O) This section does not prohibit a political subdivision 383

from applying to residential facilities nondiscriminatory 384
regulations requiring compliance with health, fire, and safety 385
regulations and building standards and regulations. 386
(P) Divisions (M) and (N) of this section are not applicable 387
to municipal corporations that had in effect on June 15, 1977, an 388
ordinance specifically permitting in residential zones licensed 389
residential facilities by means of permitted uses, conditional 390
uses, or special exception, so long as such ordinance remains in 391
effect without any substantive modification. 392
(Q)(1) The director may issue an interim license to operate a 393

residential facility to an applicant for a license under this 394
section if either of the following is the case: 395
(a) The director determines that an emergency exists 396

requiring immediate placement of individuals in a residential 397
facility, that insufficient licensed beds are available, and that 398
the residential facility is likely to receive a permanent license 399
under this section within thirty days after issuance of the 400
interim license. 401
(b) The director determines that the issuance of an interim 402
134HB110-HC1525/NW
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403
license is necessary to meet a temporary need for a residential
404
facility.
(2) To be eligible to receive an interim license, an 405

applicant must meet the same criteria that must be met to receive 406
a permanent license under this section, except for any differing 407
procedures and time frames that may apply to issuance of a 408
permanent license. 409
(3) An interim license shall be valid for thirty days and may 410
be renewed by the director for a period not to exceed one hundred 411
eighty days. 412
(4) The director shall adopt rules in accordance with Chapter 413
119. of the Revised Code as the director considers necessary to 414
administer the issuance of interim licenses. 415
(R) Notwithstanding rules adopted pursuant to this section 416

establishing the maximum number of individuals who may be served 417
in a particular type of residential facility, a residential 418
facility shall be permitted to serve the same number of 419
individuals being served by the facility on the effective date of 420
the rules or the number of individuals for which the facility is 421
authorized pursuant to a current application for a certificate of 422
need with a letter of support from the department of developmental 423
disabilities and which is in the review process prior to April 4, 424
1986. 425
This division does not preclude the department from 426

suspending new admissions to a residential facility pursuant to a 427
written order issued under section 5124.70 of the Revised Code. 428
(S) The director may enter at any time, for purposes of 429
investigation, any home, facility, or other structure that has 430
been reported to the director or that the director has reasonable 431
134HB110-HC1525/NW
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432
cause to believe is being operated as a residential facility
433
without a license issued under this section.
The director may petition the court of common pleas of the 434
county in which an unlicensed residential facility is located for 435
an order enjoining the person or governmental agency operating the 436
facility from continuing to operate without a license. The court 437
may grant the injunction on a showing that the person or 438
governmental agency named in the petition is operating a 439
residential facility without a license. The court may grant the 440
injunction, regardless of whether the residential facility meets 441
the requirements for receiving a license under this section." 442
SYNOPSIS
Transfer of residential facility license 444
R.C. 5123.19 445
Makes the following provisions for residential facilities 446

that (1) were leased by the residential facility operator between 447
July 1, 1995, and July 1, 1996, and (2) have been operating 448
without a lease agreement for at least four years: 449
- Provides that a license that modifies the location of a 450

residential facility is not transferrable to a different location 451
if the licensee is not the owner of the building where the 452
residential facility is located. 453
- If the licensee no longer operates the residential facility 454
134HB110-HC1525/NW
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455
at the location specified in the license, permits the owner of the
456
building where the facility is located to request the Director of
457
Developmental Disabilities transfer the license to a different
458
licensee or contractor that is willing to operate the facility at
459
that location.
Clarifies that these provisions do not require the Director 460

to issue additional residential facility licenses. 461
134HB110-HC1525/NW
HC1527X1
Sub. H.B. 110
L-134-0001-3
DEVCD15
1 In line 65525, after the comma insert "Industry"; delete
2 "Partnership"
3 In line 65526, delete "Networks" and insert "Partnerships"
5 "Notwithstanding section 122.179 of the Revised Code, of
6 the foregoing appropriation item 195553, Industry Sector
7 Partnerships, $46,250 in each fiscal year shall be allocated to
8 Jewish Vocational Service of Cincinnati to support workforce
9 development costs involved with assisting in employment services
10 for the financially indigent."
12 SYNOPSIS
13 Department of Development
14 Section 259.20
15 Makes a technical correction renaming GRF appropriation

16 item 195553, Sector Partnership Networks, as in the House
17 substitute currently, to 195553, Industry Sector Partnerships.
Legislative Service Commission -1- 134HB110-HC1527X1/th

HC1527X1
18 Earmarks $46,250 in each fiscal year under GRF

19 appropriation item 195553, Industry Sector Partnerships, for
20 Jewish Vocational Service of Cincinnati to support workforce
21 development costs involved with assisting in employment services
22 for the financially indigent.

HC1531X2
Sub. H.B. 110

L-134-0001-3

1509.70, 1509.71, 1509.72, 1509.73, 1509.74, 1509.75, 1509.77," 2
In line 103 of the title, after the last comma insert 4

"155.011 (155.29), 1509.70 (155.30), 1509.71 (155.31), 1509.72 5
(155.32), 1509.73 (155.33), 1509.74 (155.34), 1509.75 (155.35), 6
1509.77 (155.36)," 7
In line 144 of the title, after "341.121" insert "1503.012, 9

1509.76, 1509.78,"; after "1533.38," insert "1546.24," 10

1509.71, 1509.72, 1509.73, 1509.74, 1509.75, 1509.77," 12
In line 263, after "123.154 (122.924)," insert "155.011 14

(155.29), 1509.70 (155.30), 1509.71 (155.31), 1509.72 (155.32), 15
1509.73 (155.33), 1509.74 (155.34), 1509.75 (155.35), 1509.77 16
(155.36)," 17
In line 9325, strike through "155.011." and insert "155.29." 18
134HB110-HC1531X2/JF
HC1531X2 Page 2
"Sec. 1509.70 155.30. As used in sections 1509.70 155.30 to 20

1509.77 155.36 of the Revised Code: 21
(A) "Class 1 property" means property owned or controlled by 22

a state agency concerning which there are no encumbrances or deed 23
restrictions that limit the exploration or drilling for oil or gas 24
on the property. 25
(B) "Class 2 property" means property that is owned or 26

controlled by a state university or college or that is owned or 27
controlled by another state agency concerning which there is a 28
federal encumbrance or monetary interest that limits or prohibits 29
the exploration or drilling for oil or gas on the property. 30
(C) "Class 3 property" means property owned or controlled by 31

a state agency to which all of the following apply: 32
(1) The property is not a class 2 or class 4 property. 33
(2) The property is of insufficient size or shape to meet the 34

requirements for drilling a well on the property established under 35
section 1509.24 or 1509.25 of the Revised Code. 36
(3) The property is necessary for pooling with other parcels 37

of property for the purpose of forming a drilling unit in order to 38
meet the requirements for drilling a well established under 39
section 1509.24 or 1509.25 of the Revised Code. 40
(D) "Class 4 property" means property owned or controlled by 41

a state agency concerning which there is a provision in the deed 42
that limits the exploration or drilling for oil or gas on the 43
property. 44
(E) "Formation" means any of the following: 45
(1) The distance from the surface of the land to the top of 46
the Onondaga limestone; 47
134HB110-HC1531X2/JF
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(2) The distance from the top of the Onondaga limestone to 48

the bottom of the Queenston formation; 49
(3) The distance from the bottom of the Queenston formation 50

to the top of the Trenton limestone; 51
(4) The distance from the top of the Trenton limestone to the 52
top of the Knox formation; 53
(5) The distance from the top of the Knox formation to the 54
basement rock. 55
(F), "State state agency" means both of the following: 56
(1)(A) "State agency" as defined in section 1.60 of the 57

Revised Code; 58
(2)(B) "State university or college" as defined in section 59

Sec. 1509.71 155.31. (A) It is the policy of the state to 61

provide access to and support promote the exploration for, 62
development of, and production of oil and natural gas resources 63
owned or controlled by the state in an effort to use the state's 64
natural resources responsibly. 65
(B) There is hereby created the oil and gas leasing land 66
management commission consisting of the chief of the division of 67
geological survey director of natural resources or the director's 68
designee and the following four members appointed by the governor: 69
(1) Two members from a list of not less than four persons 70
with knowledge or experience in the oil and gas industry 71
recommended by a statewide organization representing the oil and 72
gas industry; 73
(2) One member of the public with expertise in finance or 74
134HB110-HC1531X2/JF
HC1531X2 Page 4
75
real estate;
(3) One member representing a statewide environmental or 76

conservation organization. 77
(C) Initial appointments shall be made to the commission not 78

later than thirty days after the effective date of this section 79
September 30, 2011. Of the initial members appointed to the 80
commission, one shall serve a term of two years, one shall serve a 81
term of three years, one shall serve a term of four years, and one 82
shall serve a term of five years. Thereafter, terms of office of 83
members shall be for five years from the date of appointment. Each 84
member appointed by the governor shall hold office from the date 85
of appointment until the end of the term for which the member was 86
appointed. The governor shall fill a vacancy occurring on the 87
commission by appointing a member within sixty days after the 88
vacancy occurs. A member appointed to fill a vacancy occurring 89
prior to the expiration of the term for which the member's 90
predecessor was appointed shall hold office for the remainder of 91
that term. A member shall continue in office subsequent to the 92
expiration date of the member's term until the member's successor 93
takes office, or until a period of sixty days has elapsed, 94
whichever occurs first. 95
(D) Three members constitute a quorum of the commission, and 96

no action of the commission is valid unless it has the concurrence 97
of at least three members. The commission shall keep a record of 98
its proceedings. The chief of the division of geological survey 99
director of natural resources or the director's designee shall 100
serve as the chairperson of the commission. 101
(E) The governor may remove an appointed member from the 102
commission for inefficiency, malfeasance, misfeasance, or 103
nonfeasance. 104
134HB110-HC1531X2/JF
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(F) Members of the commission shall receive no compensation, 105

but shall be reimbursed for their actual and necessary expenses 106
incurred in the course of the performance of their duties as 107
members of the commission. 108
(G) The department of natural resources Not later than ninety 109
days after the effective date of this amendment, the commission 110
shall furnish hire at least one staff member to provide clerical, 111
technical, legal, and other services required by the commission in 112
the performance of its duties. 113
Sec. 1509.72 155.32. (A) A state agency shall submit to the 114
oil and gas leasing commission an inventory of each parcel of land 115
that is owned or controlled by the agency. The inventory shall 116
classify each parcel as a class 1, class 2, class 3, or class 4 117
property. The commission may request a state agency to submit 118
documentation supporting the classification of each parcel of 119
land. 120
(B) Not later than ninety days after the acquisition of a 121
parcel of state land occurring after the effective date of this 122
section, the state agency that owns or controls the parcel shall 123
classify the parcel in the same manner that parcels are classified 124
under division (A) of this section. 125
(C) The department of natural resources shall post on the 126

department's web site a listing of each parcel of state land and 127
the classification assigned to the parcel under this section. The 128
commission shall provide to the department the information 129
necessary for the department to comply with this division. 130
(D) Not later than two hundred seventy days after the 131
effective date of this section, the director of natural resources 132
shall adopt rules in accordance with Chapter 119. of the Revised 133
134HB110-HC1531X2/JF
HC1531X2 Page 6
134
Code establishing The oil and gas land management commission shall
135
establish procedures and requirements for publishing notice on the
136
department's commission's web site of each nomination received by
137
the commission under section 1509.73 155.33 of the Revised Code
138
for a period of not less than twenty-one days prior to the
139
commission's approval or disapproval of each nomination. The
140
notification shall identify the parcel of land that is the subject
141
of a nomination and include a statement that a person may submit
142
comments to the commission concerning the nomination. The
143
commission shall provide to the department the information
144
necessary for the department to comply with this division.
Sec. 1509.73 155.33. (A)(1) Beginning on September 30, 2011, 145

and ending on the effective date of the rules adopted under 146
section 1509.74 155.34 of the Revised Code, a state agency, in 147
consultation with the oil and gas leasing commission, may lease a 148
formation within shall lease, on terms that are just and 149
reasonable as determined by custom and practice in the oil and gas 150
industry, a parcel of land that is owned or controlled by the 151
state agency for the exploration for and development and 152
production of oil or natural gas. The state agency shall establish 153
bid fees, signing fees, rentals, and at least a one-eighth 154
landowner royalty. On and after the effective date of the rules 155
adopted under section 1509.74 155.34 of the Revised Code, a 156
formation within a parcel of land that is owned or controlled by a 157
state agency may be leased for the exploration for and development 158
and production of oil or natural gas only in accordance with 159
divisions (A)(2) to (H) of this section and those rules. 160
(2) Not earlier than two hundred seventy days after September 161
30, 2011, a person that is an owner and On and after the effective 162
date of rules adopted under section 155.34 of the Revised Code, 163
134HB110-HC1531X2/JF
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any person or state agency that is interested in leasing a 164

formation within a parcel of land that is owned or controlled by a 165
state agency for the exploration for and the development and 166
production of oil or natural gas may submit to the oil and gas 167
leasing land management commission a nomination that identifies 168
the parcel of land for lease. A person submitting a nomination 169
shall submit it in the manner and form established in rules 170
adopted under section 1509.74 155.34 of the Revised Code and shall 171
include with the nomination both all of the following: 172
(a) The information required by those rules that section; 173
(b) The nomination fee established in those rules under that 174
section; 175
(c) The opinion of an attorney licensed in this state, 176

prepared not earlier than one year immediately preceding the 177
nomination date, explaining the status of title of the mineral 178
rights underlying the parcel of land nominated. 179
(B)(1) Not less than thirty days, but not more than one 180
hundred twenty ninety days following the receipt of a nomination 181
of a parcel of land, the commission shall conduct a meeting for 182
the purpose of determining whether to approve or disapprove the 183
nomination for the purpose of leasing a formation within the 184
parcel of land that is identified in the nomination. The 185
commission also shall review the nomination of the parcel of land 186
and determine if the parcel of land has been classified under 187
section 1509.72 of the Revised Code. If the parcel of land that is 188
the subject of the nomination has not been classified, the 189
commission immediately shall send a copy of the nomination to the 190
state agency that owns or controls the parcel that is the subject 191
of the nomination. Not later than fifteen days after receipt of a 192
copy of the nomination, the state agency shall classify the parcel 193
134HB110-HC1531X2/JF
HC1531X2 Page 8
of land as a class 1, class 2, class 3, or class 4 property and 194

submit the classification to the commission. On receipt of the 195
state agency's classification of the parcel of land, the 196
commission shall provide the department of natural resources the 197
information necessary for the department to comply with divisions 198
(C) and (D) of section 1509.72 of the Revised Code. 199
After a parcel of land that is the subject of a nomination 200

has been classified under section 1509.72 of the Revised Code or 201
division (B)(1) of this section, as applicable, the commission 202
shall approve or disapprove the nomination. In making its decision 203
to approve or disapprove the nomination of the parcel of land, the 204
commission shall consider all of the following: 205
(a) The economic benefits, including the potential income 206

from an oil or natural gas operation, that would result if the 207
lease of a formation that is the subject of the nomination were 208
approved; 209
(b) Whether the proposed oil or gas operation is compatible 210

with the current uses of the parcel of land that is the subject of 211
the nomination; 212
(c) The environmental impact that would result if the lease 213
of a formation that is the subject of the nomination were 214
approved; 215
(d) Any potential adverse geological impact that would result 216
if the lease of a formation that is the subject of the nomination 217
were approved; 218
(e) Any potential impact to visitors or users of a parcel of 219

land that is the subject of the nomination; 220
(f) Any potential impact to the operations or equipment of a 221

state agency that is a state university or college if the lease of 222
134HB110-HC1531X2/JF
HC1531X2 Page 9
223
a formation within a parcel of land owned or controlled by the
224
university or college that is the subject of the nomination were
225
executed;
(g) Any comments or objections to the nomination submitted to 226

the commission by the state agency that owns or controls the land 227
on which the proposed oil or natural gas operation would take 228
place; 229
(h) Any comments or objections to the nomination submitted to 230

the commission by residents of this state or other users of the 231
parcel of land that is the subject of the nomination; 232
(i) Any other factors that the commission establishes in 233

rules adopted under section 1509.74 of the Revised Code Any 234
special terms and conditions the state agency included in its 235
comments or objections that the state agency believes are 236
appropriate for the lease of the parcel of land because of 237
specific conditions related to that parcel of land. 238
(2) The commission shall disapprove a nomination of a parcel 239

of land that is a class 3 property. The commission shall send 240
notice of the disapproval by certified mail to the person that 241
submitted the nomination. 242
(3) Prior to making its decision to approve or disapprove a 243

nomination, the commission shall notify the state agency that owns 244
or controls the land on which the oil or gas operation would take 245
place. 246
(4)(3) The commission shall approve or disapprove a 247

nomination not later than two calendar quarters following the 248
receipt of the nomination. Notice of the decision of the 249
commission shall be sent by certified mail to the person that 250
submitted the nomination. 251
134HB110-HC1531X2/JF
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(5) If the commission approves a nomination, the commission 252

shall notify the state agency that owns or controls the parcel of 253
land that is the subject of a nomination of the commission's 254
approval of the nomination. The notification shall request the 255
state agency to submit to the commission special terms and 256
conditions that will apply to the lease of a formation within the 257
parcel of land because of specific conditions related to the 258
parcel of land. The state agency shall submit the special terms 259
and conditions not later than sixty days after receipt of a notice 260
from the commission. 261
(6) If the commission approves a nomination for a parcel of 262

land that is a class 1 property, the commission shall offer for 263
lease each formation that is within the parcel of land. If the 264
commission approves a nomination for a parcel of land that is a 265
class 2 or class 4 property, the commission shall not offer for 266
lease any formation that is within the parcel of land unless the 267
state agency that owns or controls the parcel of land notifies the 268
commission that a formation or formations that are within the 269
parcel of land may be offered for lease. 270
(C) Each calendar quarter, the commission shall proceed to 271

advertise for bids for a lease for a formation within a parcel of 272
land that was the subject of a nomination approved during the 273
previous calendar quarter that is a class 1 property or that is a 274
class 2 or class 4 property for which the commission has received 275
notice from the state agency that owns or controls the parcel of 276
land under division (B)(6) of this section that a formation or 277
formations that are within the parcel of land may be offered for 278
lease. The advertisement shall be provided to the department of 279
natural resources, and the department commission shall publish the 280
advertisement on its web site for a period of time established by 281
the commission. The advertisement shall include all of the 282
134HB110-HC1531X2/JF
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following: 283
(1) The procedure for the submission of a bid to enter into a 284
lease for a formation within a the parcel of land; 285
(2) A statement that a standard lease form that is consistent 286

with the practices of the oil and natural gas industries will be 287
used for the lease of a formation within the parcel of land; 288
(3) A copy of the standard lease form that will be used for 289
the lease of a formation within the parcel of land; 290
(4) SpecialAny special terms and conditions, if applicable, 291

that may apply to the lease because of specific conditions related 292
to the parcel of land; 293
(5) The amount of the bid fee that is required to be 294

submitted with a bid; 295
(6) Any other information that the commission considers 296

pertinent to the advertisement for bids. 297
(D) A person submitting a bid to enter into a lease under 298

this section shall pay a bid fee established in rules adopted 299
under section 1509.74 155.34 of the Revised Code. 300
(E) In order to encourage the submission of bids and the 301

responsible and reasonable development of the state's natural 302
resources, the information that is contained in a bid submitted to 303
the commission under this section shall be confidential and shall 304
not be disclosed before a person is selected under division (F) of 305
this section unless the commission determines otherwise. 306
(F) The commission shall establish a deadline for the 307

submission of bids for each lease regarding a particular parcel of 308
land and shall notify the department of the deadline. The 309
department shall post the deadline for the submission of bids for 310
each lease on the department's commission's web site. A person 311
134HB110-HC1531X2/JF
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shall submit a bid in accordance with the procedures and 312

requirements established by the commission in rules adopted under 313
section 1509.74 155.34 of the Revised Code. 314
The commission shall select the person who submits the 315
highest and best bid for each formation within that parcel of 316
land, taking into account the financial responsibility of the 317
prospective lessee and the ability of the prospective lessee to 318
perform its obligations under the lease. After the commission 319
selects a person, the commission shall notify the applicable state 320
agency and send the person's bid to the agency. The state agency 321
shall enter into a lease with the person selected by the 322
commission. 323
(G)(1) Except as otherwise provided in division (G)(2) of 324

this section, all All money received by a state agency from 325
signing fees, rentals, and royalty payments for leases entered 326
into under this section shall be paid by the state agency into the 327
state treasury to the credit of the state land royalty fund 328
created in section 131.50 of the Revised Code. 329
(2) Money received by a state agency from signing fees, 330

rentals, and royalty payments for leases entered into under this 331
section on land owned or controlled by the division of forestry, 332
wildlife, or parks and watercraft in the department of natural 333
resources shall be deposited into one of the following funds, as 334
applicable: 335
(a) The forestry mineral royalties fund created in section 336

1503.012 of the Revised Code if the lease pertains to land owned 337
or controlled by the division of forestry; 338
(b) The wildlife habitat fund created in section 1531.33 of 339

the Revised Code if the lease pertains to land owned or controlled 340
by the division of wildlife; 341
134HB110-HC1531X2/JF
HC1531X2 Page 13
(c) The parks mineral royalties fund created in section 342

1546.24 of the Revised Code if the lease pertains to land owned or 343
controlled by the division of parks and watercraft. 344
(H) All money received from nomination fees and bid fees 345
shall be paid into the state treasury to the credit of the oil and 346
gas leasing land management commission administration fund created 347
in section 1509.75 155.35 of the Revised Code. 348
(I)(H) Notwithstanding any other provision of this section to 349

the contrary, a nature preserve as defined in section 1517.01 of 350
the Revised Code that is owned or controlled by a state agency 351
shall not be nominated or leased under this section for the 352
purpose of exploring for and developing and producing oil and 353
natural gas resources. 354
Sec. 1509.74 155.34. (A) Not later than two hundred seventy 355
days after the effective date of this section amendment, the oil 356
and gas leasing land management commission shall adopt rules in 357
accordance with Chapter 119. of the Revised Code establishing all 358
of the following: 359
(A)(1) The form of and the information to be included in 360

nominations that are submitted under section 1509.73 155.33 of the 361
Revised Code; 362
(B)(2) Procedures for the submission of nominations to the 363

commission and the amount of nomination fees to be charged. The 364
rules shall require that if a person who has paid a nomination fee 365
does not enter into a lease regarding the parcel of land that the 366
person nominated, the fee shall be refunded to the person, and, if 367
applicable, the person that enters into the lease shall pay the 368
nomination fee. In addition, the rules shall provide that a state 369
agency is exempt from nomination fees and that a person who enters 370
134HB110-HC1531X2/JF
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into a lease regarding a parcel of land nominated by a state 371

agency shall pay the nomination fee. 372
(C) Factors that the commission may consider when determining 373
whether to approve or disapprove a nomination submitted under 374
section 1509.73 of the Revised Code; 375
(D)(3) Procedures and requirements for the submission of bids 376

for a lease under section 1509.73 155.33 of the Revised Code; 377
(E)(4) The amount of bid fees to be charged for the 378

submission of bids to enter into leases under section 1509.73 379
155.33 of the Revised Code; 380
(F)(5) A standard lease form that shall be used by a state 381

agency for leases entered into under this chapter that is 382
consistent with the practices of the oil and natural gas 383
industries and that contains at all of the following: 384
(a) A prohibition against the use of the surface of the 385

parcel of land for oil and gas development without the execution 386
by the state agency of a standard surface use agreement 387
established under this section; 388
(b) At least a one-eighth landowner royalty, which standard 389

lease form shall be used by a state agency for leases entered into 390
under section 1509.73 of the Revised Code; 391
(c) A limited warranty of title by the state agency to the 392

lessee. 393
(G)(6) A standard surface use agreement form that a state 394

agency shall use to authorize the use of the surface of a leased 395
parcel of land. 396
(7) Any other procedures and requirements that the commission 397
determines necessary to implement sections 1509.70 155.30 to 398
1509.77 155.36 of the Revised Code. 399
134HB110-HC1531X2/JF
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(B) Section 121.95 of the Revised Code does not apply to 400
rules adopted under this section and the commission is not subject 401
to any requirements of that section. 402
Sec. 1509.75 155.35. There is hereby created in the state 403

treasury the oil and gas leasing land management commission 404
administration fund consisting of the proceeds of nomination fees 405
and bid fees all money credited to it under section 1509.73 155.33 406
of the Revised Code. Money in the fund shall be used by the oil 407
and gas leasing land management commission and the department of 408
natural resources to pay the administrative expenses of the 409
commission and the department regarding the implementation of 410
sections 1509.70 155.30 to 1509.77 155.36 of the Revised Code. 411
Money in the fund also shall be used to pay the actual and 412
necessary expenses incurred by members of the commission in the 413
course of the performance of their duties. 414
Sec. 1509.77 155.36. A state agency that owns or controls a 415

parcel of land that is a class 3 property for which a nomination 416
for that land has been denied under section 1509.73 155.33 of the 417
Revised Code may enter into written agreements to use that parcel 418
of land to form a drilling unit that conforms to the minimum 419
acreage and distance requirements established under section 420
1509.24 or 1509.25 of the Revised Code." 421
In line 13651, strike through "leasing" and insert "land 422

management" 423
In line 13652, strike through "1509.71" and insert "155.31" 424
"Sec. 1509.28. (A) The chief of the division of oil and gas 426
134HB110-HC1531X2/JF
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resources management, upon the chief's own motion or upon 427

application by the owners of sixty-five per cent of the land area 428
overlying the pool, shall hold a hearing to consider the need for 429
the operation as a unit of an entire pool or part thereof. In 430
calculating the sixty-five per cent, an owner's entire interest in 431
each tract in the proposed unit area, including any divided, 432
undivided, partial, fee, or other interest in the tract, shall be 433
included to the fullest extent of that interest. An application by 434
owners shall be accompanied by a nonrefundable fee of ten thousand 435
dollars and by such information as the chief may request. 436
The chief shall make an order providing for the unit 437
operation of a pool or part thereof if the chief finds that such 438
operation is reasonably necessary to increase substantially the 439
ultimate recovery of oil and gas, and the value of the estimated 440
additional recovery of oil or gas exceeds the estimated additional 441
cost incident to conducting the operation. The order shall be upon 442
terms and conditions that are just and reasonable and shall 443
prescribe a plan for unit operations that shall include: 444
(1) A description of the unitized area, termed the unit area; 445
(2) A statement of the nature of the operations contemplated; 446
(3) An allocation to the separately owned tracts in the unit 447

area of all the oil and gas that is produced from the unit area 448
and is saved, being the production that is not used in the conduct 449
of operations on the unit area or not unavoidably lost. The 450
allocation shall be in accord with the agreement, if any, of the 451
interested parties. If there is no such agreement, the chief shall 452
determine the value, from the evidence introduced at the hearing, 453
of each separately owned tract in the unit area, exclusive of 454
physical equipment, for development of oil and gas by unit 455
operations, and the production allocated to each tract shall be 456
134HB110-HC1531X2/JF
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457
the proportion that the value of each tract so determined bears to
458
the value of all tracts in the unit area.
(4) A provision for the credits and charges to be made in the 459
adjustment among the owners in the unit area for their respective 460
investments in wells, tanks, pumps, machinery, materials, and 461
equipment contributed to the unit operations; 462
(5) A provision providing how the expenses of unit 463

operations, including capital investment, shall be determined and 464
charged to the separately owned tracts and how the expenses shall 465
be paid; 466
(6) A provision, if necessary, for carrying or otherwise 467

financing any person who is unable to meet the person's financial 468
obligations in connection with the unit, allowing a reasonable 469
interest charge for such service; 470
(7) A provision for the supervision and conduct of the unit 471
operations, in respect to which each person shall have a vote with 472
a value corresponding to the percentage of the expenses of unit 473
operations chargeable against the interest of that person; 474
(8) The time when the unit operations shall commence, and the 475
manner in which, and the circumstances under which, the unit 476
operations shall terminate; 477
(9) Such additional provisions as are found to be appropriate 478

for carrying on the unit operations, and for the protection or 479
adjustment of correlative rights. 480
(B) No order of the chief providing for unit operations shall 481
become effective unless and until the plan for unit operations 482
prescribed by the chief has been approved in writing by those 483
owners who, under the chief's order, will be required to pay at 484
least sixty-five per cent of the costs of the unit operation, and 485
134HB110-HC1531X2/JF
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486
also by the royalty or, with respect to unleased acreage, fee
487
owners of sixty-five per cent of the acreage to be included in the
488
unit. If the plan for unit operations has not been so approved by
489
owners and royalty owners at the time the order providing for unit
490
operations is made, the chief shall upon application and notice
491
hold such supplemental hearings as may be required to determine if
492
and when the plan for unit operations has been so approved. If the
493
owners and royalty owners, or either, owning the required
494
percentage of interest in the unit area do not approve the plan
495
for unit operations within a period of six months from the date on
496
which the order providing for unit operations is made, the order
497
shall cease to be of force and shall be revoked by the chief.
An order providing for unit operations may be amended by an 498

order made by the chief, in the same manner and subject to the 499
same conditions as an original order providing for unit 500
operations, provided that: 501
(1) If such an amendment affects only the rights and 502

interests of the owners, the approval of the amendment by the 503
royalty owners shall not be required. 504
(2) No such order of amendment shall change the percentage 505

for allocation of oil and gas as established for any separately 506
owned tract by the original order, except with the consent of all 507
persons owning interest in the tract. 508
The chief, by an order, may provide for the unit operation of 509
a pool or a part thereof that embraces a unit area established by 510
a previous order of the chief. Such an order, in providing for the 511
allocation of unit production, shall first treat the unit area 512
previously established as a single tract, and the portion of the 513
unit production so allocated thereto shall then be allocated among 514
the separately owned tracts included in the previously established 515
134HB110-HC1531X2/JF
HC1531X2 Page 19
516
unit area in the same proportions as those specified in the
517
previous order.
Oil and gas allocated to a separately owned tract shall be 518

deemed, for all purposes, to have been actually produced from the 519
tract, and all operations, including, but not limited to, the 520
commencement, drilling, operation of, or production from a well 521
upon any portion of the unit area shall be deemed for all purposes 522
the conduct of such operations and production from any lease or 523
contract for lands any portion of which is included in the unit 524
area. The operations conducted pursuant to the order of the chief 525
shall constitute a fulfillment of all the express or implied 526
obligations of each lease or contract covering lands in the unit 527
area to the extent that compliance with such obligations cannot be 528
had because of the order of the chief. 529
Oil and gas allocated to any tract, and the proceeds from the 530
sale thereof, shall be the property and income of the several 531
persons to whom, or to whose credit, the same are allocated or 532
payable under the order providing for unit operations. 533
No order of the chief or other contract relating to the sale 534

or purchase of production from a separately owned tract shall be 535
terminated by the order providing for unit operations, but shall 536
remain in force and apply to oil and gas allocated to the tract 537
until terminated in accordance with the provisions thereof. 538
Notwithstanding divisions (A) to (H)(G) of section 1509.73 539

155.33 of the Revised Code and rules adopted under it, the chief 540
shall issue an order for the unit operation of a pool or a part of 541
a pool that encompasses a unit area for which all or a portion of 542
the mineral rights are owned by the department of transportation. 543
Except to the extent that the parties affected so agree, no 544

order providing for unit operations shall be construed to result 545
134HB110-HC1531X2/JF
HC1531X2 Page 20
546
in a transfer of all or any part of the title of any person to the
547
oil and gas rights in any tract in the unit area. All property,
548
whether real or personal, that may be acquired for the account of
549
the owners within the unit area shall be the property of such
550
owners in the proportion that the expenses of unit operations are
551
charged."
"Sec. 1531.33. (A) The wildlife habitat fund is hereby 553

created in the state treasury. The fund shall consist of the 554
investment earnings of the wildlife habitat trust fund created in 555
section 1531.32 of the Revised Code; gifts, donations, bequests, 556
and other moneys contributed to the division of wildlife for the 557
purposes of the fund; moneys collected under division (H) of 558
section 1531.06 of the Revised Code; moneys deposited in the fund 559
under division (G)(2)(b) of section 1509.73 of the Revised Code; 560
contributions collected under section 4503.568 of the Revised Code 561
from issuance of the "Ohio Bullfrog" license plate; and moneys 562
received by the division pursuant to negotiated mitigation 563
settlements from persons who have adversely affected fish and 564
wildlife, or their habitats, over which the division has 565
jurisdiction under this chapter or Chapter 1533. of the Revised 566
Code other than fish and wildlife of the Ohio river or their 567
habitats. 568
(B)(1) Except as provided in division (B)(2) of this section, 569

the fund shall be used by the division to acquire and develop 570
lands for the preservation, propagation, and protection of wild 571
animals. 572
(2) The contributions from the "Ohio Bullfrog" license plate 573
shall be used for the protection and preservation of wetlands in 574
134HB110-HC1531X2/JF
HC1531X2 Page 21
575
Ohio and for educational programs pertaining to the bullfrog and
576
similar wetland animals.
(C) All expenditures from the wildlife habitat fund shall be 577
approved by the director of natural resources. 578
(D) Quarterly each fiscal year, the treasurer of state shall 579
transfer the investment earnings of the wildlife habitat trust 580
fund to the wildlife habitat fund." 581

1509.71, 1509.72, 1509.73, 1509.74, 1509.75, 1509.77,"; after 583
"1531.01," insert "1531.33," 584

1509.78," 587
"Section 715.10. The amendment of section 1509.71 of the 590

Revised Code by this act is intended to rename the Oil and Gas 591
Leasing Commission as the Oil and Gas Land Management Commission 592
and to replace the Chief of the Division of Geological Survey with 593
the Director of Natural Resources or the Director's designee as a 594
member of the Commission. On and after the effective date of this 595
section, the Director of Natural Resources or the Director's 596
designee shall assume the duties and responsibilities of the Chief 597
of the Division of Geological Survey." 598
134HB110-HC1531X2/JF
HC1531X2 Page 22
SYNOPSIS
Oil and Gas Leasing Commission 599
R.C. 155.011 (155.29), 1509.70 (155.30), 1509.71 (155.31), 600

1509.72 (155.32), 1509.73 (155.33), 1509.74 (155.34), 1509.75 601
(155.35), 1509.76 (repealed), 1509.77 (155.36), 1509.78 602
(repealed), 131.50 (repealed), 1503.012 (repealed), 1546.24 603
(repealed), 1509.28, 1531.33; Section 715.10 604
Renames the Oil and Gas Leasing Commission the Oil and Gas 605
Land Management Commission. 606
Requires every state agency to lease a parcel of land for oil 607
and gas exploration, development, and production on terms that are 608
just and reasonable (as determined by the custom and practice of 609
the oil and gas industry) until the Commission adopts rules 610
specifying requirements and procedures for the lease of such land. 611
Specifies that it is the policy of the state to promote 612

exploration for, development of, and production of oil and natural 613
gas resources owned or controlled by the state, rather than to 614
provide access and support for those activities, as in current 615
law. 616
Revises the membership of the Commission as follows: 617
-- Replaces the Chief of the Division of Geological Survey 618

with the Director of Natural Resources or the Director's designee 619
and applies the current requirement that that member serve as 620
chairperson of the Commission; 621
-- Eliminates the requirement that the two members currently 622

required to be recommended by a statewide organization 623
representing the oil and gas industry be selected from a list of 624
not less than four such people, but specifies that those two 625
134HB110-HC1531X2/JF
HC1531X2 Page 23
626
members must have knowledge or experience in the oil and gas
627
industry.
Requires that all money received by a state agency in 628

exchange for the lease of state agency-owned land be deposited 629
into the Oil and Gas Land Management Fund, to be used for 630
Commission administration purposes. 631
Accordingly eliminates the State Land Royalty Fund, which 632

currently consists of money received by most state agencies from 633
signing fees, rentals, and royalty payments for leases and which 634
must be used by those agencies to acquire land and to pay capital 635
costs, including equipment and renovations and repairs of 636
facilities. 637
Also eliminates the Forestry Minerals Royalty Fund, the 638

Wildlife Habitat Fund, and the Parks Mineral Royalty Fund, which 639
consist of money received by the Division of Forestry, the 640
Division of Wildlife, and the Division of Parks and Watercraft, 641
respectively, from signing fees, rentals, and royalty payments for 642
land owned or controlled by those ODNR divisions. 643
Eliminates a requirement that 30% of proceeds from a lease 644

for oil and gas exploration under a state park be deposited into 645
the fund that supports that state park. 646
Specifies that the Commission is not subject to certain 647

administrative rulemaking restrictions when adopting new rules. 648
Adds both of the following elements to the required standard 649

lease form that must be used by a state agency (current law only 650
specifies that the lease form include at least a 1/8th royalty): 651
-- A prohibition against the use of the surface of the parcel 652

of land for oil and gas development without the execution by the 653
state agency of a standard surface use agreement; and 654
134HB110-HC1531X2/JF
HC1531X2 Page 24
-- A limited warranty of title by the state agency to the 655

lessee. 656
Requires the Commission to establish a standard surface use 657

agreement form that must be used by a state agency to authorize 658
the use of the surface of a parcel of land leased. 659
Requires the Commission to hold a meeting regarding a 660

nomination of a parcel of land for lease no later than 90 days 661
(rather than 120 days, as in current law) after receipt of the 662
nomination. 663
Requires a state agency to submit any special terms or 664

conditions it believes should apply to a lease of a parcel of land 665
because of specific conditions related to that land at the time of 666
submission of comments and objections regarding the nomination of 667
that parcel, rather than after that parcel has been approved for 668
nomination by the Commission, as in current law. 669
Eliminates a corresponding requirement that the Commission 670

notify the state agency of the nomination and request any special 671
terms or conditions be submitted to the Commission within 60 days 672
of the notice. 673
Eliminates specified property classification requirements and 674

procedures (classes 1 through 4) that currently apply to the 675
nomination and lease of state agency-owned land for oil and gas 676
development. 677
Authorizes any person or a state agency to nominate a parcel 678

of land owned by the state agency, rather than only an owner who 679
has the right to drill for oil or gas, as in current law. 680
Requires the Commission to establish procedures and 681

requirements for publishing notice of nominated parcels on the 682
Commission's web site, rather than requiring the Director of 683
134HB110-HC1531X2/JF
HC1531X2 Page 25
684
Natural Resources to do so on the Department's web site.
Requires any person nominating a state agency-owned parcel 685

for lease to the Commission to submit the opinion of an attorney, 686
prepared not earlier than one year immediately preceding the 687
nomination date, explaining the status of title of the mineral 688
rights underlying the nominated parcel of land. 689
Requires the Commission, rather than the Department of 690

Natural Resources, to advertise bids for all leases. 691
Accordingly, requires the Commission to post the deadline for 692

submission of bids on its web site, rather than the Department. 693
Requires the Commission to hire at least one person to 694

provide clerical and other services, rather than requiring the 695
Department of Natural Resources to furnish those services and 696
legal and technical services, as in current law. 697
134HB110-HC1531X2/JF
HC1533X2
Sub. H.B. 110
L-134-0001-3
DEVCD14
1 In line 65271, delete "$18,800,000" and insert
2 "$18,900,000"
6 "Of the foregoing appropriation item 195503, Local
7 Development Projects, $100,000 in fiscal year 2022 shall be
8 allocated to the Medina County Board of Commissioners to support
9 the financing of a homeless shelter in the county."
11 SYNOPSIS
13 Sections 259.10 and 259.20
14 Increases the appropriation for GRF line item 195503, Local

15 Development Projects, by $100,000 in FY 2022 and earmarks the
16 increased amount for the Medina County Board of Commissioners to
17 support the financing of a homeless shelter in the county.
18 Brings the amount appropriated under the line item for FY 2022
19 to $18,900,000.

HC1539
Sub. H.B. 110
L-134-0001-3
1 In line 12080, after "(C)" strike through the remainder of
2 the line
3 Strike through lines 12081 through 12093
4 In line 12094, strike through "(D)"
5 In line 12104, strike through "(E)" and insert "(D)"
6 In line 12118, strike through "(F)" and insert "(E)"
7 In line 12121, strike through "(G)" and insert "(F)"
8 In line 12165, strike through "(H)" and insert "(G)"
10 In line 12230, strike through "of addiction services."
11 In line 12272, strike through "The director of"
13 In line 12278, strike through "services."
Legislative Service Commission -1- 134HB110-HC1539/zg

HC1539
15 SYNOPSIS
16 ADAMHS board composition and appointment
17 R.C. 340.02 and 340.021
18 Does the following with respect to the bill's provisions

19 regarding the appointment and number of members of boards of
20 alcohol, drug addiction, and mental health services; alcohol and
21 drug addiction services boards; and community mental health
22 boards:
23 --Eliminates existing law provisions that require the

24 Director of Mental Health & Addiction Services to ensure that
25 the above-referenced boards have a number of members with
26 specified experiences and qualifications.

HC1548
Sub. H.B. 110
L-134-0001-3
1 In line 74558, delete "Ohio State"
2 In line 74559, delete "Building and Construction Trades
3 Council" and insert "AFL-CIO"
4 In line 74565, delete "in apprenticeship"; delete
5 "registered with"
6 In line 74566, delete "ApprenticeOhio"
7 In line 74567, delete "in the building and construction
8 industry"
10 SYNOPSIS
11 Department of Veterans Services
12 Section 415.10
13 Requires the $150,000 earmark from GRF appropriation item

14 900408, Department of Veterans Services, in each fiscal year to
15 be used for grants to the AFL-CIO rather than the Ohio State
16 Building and Construction Trades Council. Removes requirements
17 that participation be in apprenticeship programs registered with
18 ApprenticeOhio and that such programs connect participant to the
19 building and construction industry.
Legislative Service Commission -1- 134HB110-HC1548/rll

HC1556X1
Sub. H.B. 110
L-134-0001-3
1 In line 141 of the title, after "5165.261," insert
2 "5747.79,"
3 In line 293, after "5165.261," insert "5747.79,"
5 "(34) Deduct amounts as provided under section 5747.79 of
6 the Revised Code related to the taxpayer's qualifying capital
7 gains and deductible payroll.
8 To the extent a qualifying capital gain described under
9 division (A)(34) of this section is business income, the
10 taxpayer shall deduct those gains under this division before
11 deducting any such gains under division (A)(28) of this
12 section."
13 In line 59249, after "(A)(28)" insert "and (34)"
15 "Sec. 5747.79. (A) As used in this section and division
16 (A)(34) of section 5747.01 of the Revised Code:
17 (1) "Qualifying capital gain" means a capital gain from the
18 sale of an interest in an entity reported for the taxable year

HC1556X1
19 to the internal revenue service pursuant to the Internal Revenue
20 Code, to the extent that such capital gain is not otherwise
21 deducted or excluded in computing federal or Ohio adjusted gross
22 income for the taxable year, provided that all of the following
23 apply:
24 (a) The taxpayer that sold the interest either:
25 (i) Materially participated in the activities of the entity
26 for the five years immediately preceding the time of sale. For
27 the purposes of this division, a taxpayer materially
28 participates in the activities of the entity if the taxpayer
29 meets the requirements of divisions (a)(1), (2), (3), (4), or
30 (7) of 26 C.F.R. 1.469-5T.
31 (ii) Directly or indirectly made a venture capital
32 investment of at least one million dollars in the entity. As
33 used in this division, "venture capital investment" has the same
34 meaning as in division (d)(3) of 29 C.F.R. 2510.3-101.
35 (b) The entity is incorporated, registered, or organized in
36 this state during the five years immediately preceding the time
37 of sale.
38 (c) The entity is headquartered in this state during the
39 five years immediately preceding the time of sale.

HC1556X1
40 (2) A "sale of an interest in an entity" includes the sale,
41 exchange, or other disposition of stock, a membership interest,
42 or any other equity or ownership interest, owned directly or
43 indirectly by the taxpayer, in an entity that conducts a trade
44 or business in this state.
45 (3) "Qualifying payroll" means the amount of compensation
46 used to determine the withholding obligations in division (A) of
47 section 5747.06 of the Revised Code and paid over one of the
48 following periods by the entity whose sale generated the
49 qualifying capital gain:
50 (a) The five calendar years immediately preceding the time
51 of sale for a taxpayer described in division (A)(1)(a)(i) of
52 this section;
53 (b) The investment period, not to exceed the five calendar
54 years, immediately preceding the time of sale for a taxpayer
55 described in division (A)(1)(a)(ii) of this section.
56 "Qualifying payroll" does not include any amounts paid to
57 the taxpayer, or the taxpayer's spouse, parents, grandparents,
58 children, or grandchildren.
59 (4) "Deductible payroll" means the qualifying payroll of
60 the entity in which a taxpayer sold an ownership interest

HC1556X1
61 multiplied by the percentage of the interest in the entity the
62 taxpayer sold.
63 (B) In computing Ohio adjusted gross income for taxable
64 years beginning in or after 2026, a deduction from federal
65 adjusted gross income is allowed to a taxpayer that realizes a
66 qualifying capital gain during the taxable year. The deduction
67 shall equal the lesser of the taxpayer's qualifying capital gain
68 or the deductible payroll.
69 (C) If a taxpayer has multiple capital gains from the sale
70 of interests in different entities during the taxable year, the
71 following apply:
72 (1) Each capital gain must meet the requirements of
73 divisions (A)(1)(a) to (c) of this section to be classified as a
74 qualifying capital gain.
75 (2) The deduction shall equal the lesser of the taxpayer's
76 qualifying capital gain from the sale of each entity or the
77 deductible payroll attributable to that entity. The deduction
78 amounts related to each entity shall then be aggregated to
79 determine the total deduction allowed.
80 (D) On request of the tax commissioner, the taxpayer shall
81 provide any information that, in the commissioner's opinion, is

HC1556X1
82 necessary to establish the amount deducted under division
83 (A)(34) of section 5747.01 of the Revised Code."
85 SYNOPSIS
86 Income tax deduction for capital gain from sale of business
87 R.C. 5747.01 and 5747.79
88 Allows, beginning with the 2026 taxable year, an income tax

89 deduction for taxpayers with capital gains from the sale of an
90 ownership interest in a business. The deduction equals the
91 lesser of (a) the capital gain or (b) a percentage of the
92 business' payroll over a specified period, based on the
93 taxpayer's proportionate interest in the business. To qualify,
94 the taxpayer must have materially participated or made a
95 significant investment in the business and the business must
96 have been headquartered in Ohio for the past five years.
97 Requires taxpayers to add back any amount deducted to their

98 income for purposes of qualifying for means-tested income tax
99 exemptions and credits and the property tax homestead exemption.

HC1586
Sub. H.B. 110
L-134-0001-3
1 In line 124 of the title, after "3301.233" insert
2 "3301.85,"
5 "Sec. 3301.85. (A) Beginning on the effective date of this
6 section, the department of education shall submit to the joint
7 committee on agency rule review, created in section 101.35 of
8 the Revised Code, any proposed changes to either the education
9 management information system established under section
10 3301.0714 of the Revised Code or the department's business rules
11 and policies that may affect community schools established under
12 Chapter 3314. of the Revised Code.
13 (B) When the department submits the proposed changes to the
14 education management information system or the department's
15 business rules and policies that affect community schools, the
16 joint committee on agency rule review shall hold one or more
17 public hearings at which community schools may present testimony
18 on their ability and capacity to comply with the proposed
19 changes.
Legislative Service Commission -1- 134HB110-HC1586/rs

HC1586
20 (C) The joint committee on agency rule review shall
21 consider any testimonies provided at the public hearings
22 required under division (B) of this section and vote to
23 determine whether community schools can reasonably comply with
24 the proposed changes.
25 (D) The department shall not implement any changes to the
26 education management information system or the department's
27 business rules and policies that may affect community schools
28 without the joint committee on agency rule review's
29 determination that community schools can reasonably comply with
30 those changes."
32 SYNOPSIS
33 JCARR review of Department of Education changes affecting

34 community schools
35 R.C. 3301.85
36 Requires the Department of Education to submit to the Joint

37 Committee on Agency Rule Review (JCARR) any proposed changes to
38 the Education Management Information System (EMIS) or the
39 Department's business rules and policies that may affect
40 community schools.
41 Requires JCARR to hold public hearings regarding the

42 proposed rule changes, consider testimony provided at those
43 hearings, and vote to determine whether community schools can
44 reasonably comply with the proposed changes.
45 Prohibits the Department from implementing any changes to

46 EMIS or the Department's business rules and policies that may
47 affect community schools without JCARR's determination that
48 those schools can reasonably comply with the proposed changes.
HC1597
Sub. H.B. 110
L-134-0001-3
1 In line 70099, delete "The" and insert "Upon Controlling
2 Board approval, the"
4 SYNOPSIS
5 Lake Erie Commission
6 Section 319.10
7 Requires that the Controlling Board approve the

8 reappropriation of any amount of the unexpended, unencumbered
9 balance of DPF Fund 6H20 appropriation item 780604, H2Ohio, at
10 the end of fiscal year 2022 to fiscal year 2023.

HC1609X1
Sub. H.B. 110

L-134-0001-3
(1) "Taxes charged and payable" means taxes charged and 5

payable after the reduction required by section 319.301 of the 6
Revised Code but before the reductions required by sections 7
(2) "Threshold per cent" means two per cent for fiscal year 9
2016; and, for fiscal year 2017 and thereafter, the sum of the 10
prior year's threshold per cent plus two percentage points. 11
(3) "Public library" means a county, municipal, school 12

district, or township public library that receives the proceeds of 13
a tax levied under section 5705.23 of the Revised Code. 14
(4) "Local taxing unit" means a subdivision or taxing unit, 15

as defined in section 5705.01 of the Revised Code, a park district 16
created under Chapter 1545. of the Revised Code, or a township 17
park district established under section 511.23 of the Revised 18
Code, but excludes school districts and joint vocational school 19
districts. 20
134HB110-HC1609X1/AY
HC1609X1 Page 2
(5) "Municipal current expense allocation" means the sum of 21

the payments received by a municipal corporation in calendar year 22
2014 for current expense levy losses under division (A)(1)(e)(ii) 23
of section 5727.86 and division (A)(1)(c)(ii) of section 5751.22 24
of the Revised Code as they existed at that time. 25
(6) "Current expense allocation" means the sum of the 26

payments received by a local taxing unit or public library in 27
calendar year 2014 for current expense levy losses under division 28
(A)(1) of section 5727.86 and divisions (A)(1) and (2) of section 29
5751.22 of the Revised Code as they existed at that time, less any 30
reduction required under division (B)(2) of this section. 31
(7) "TPP inside millage debt levy loss" means payments made 32
to local taxing units in calendar year 2014 under division (A)(3) 33
of section 5751.22 of the Revised Code as that section existed at 34
that time. 35
(8) "S.B. 3 inside millage debt levy loss" means payments 36

made to local taxing units in calendar year 2014 under section 37
(A)(4) of section 5727.86 of the Revised Code as that section 38
existed at that time. 39
(9) "Qualifying levy" means a levy for which payment was made 40
in calendar year 2014 under division (A)(1) of section 5727.86 and 41
divisions (A)(1) and (2) of section 5751.22 of the Revised Code as 42
they existed at that time. 43
(10) "Total resources," in the case of county mental health 44

and disability related functions, means the sum of the amounts in 45
divisions (A)(10)(a) and (b) of this section less any reduction 46
required under division (B)(1) of this section. 47
(a) The sum of the payments received by the county for mental 48
health and developmental disability related functions in calendar 49
134HB110-HC1609X1/AY
HC1609X1 Page 3
50
year 2014 under division (A)(1) of section 5727.86 and division
51
(A)(1) of section 5751.22 of the Revised Code as they existed at
52
that time;
(b) With respect to taxes levied by the county for mental 53

health and developmental disability related purposes, the taxes 54
charged and payable for such purposes against all property on the 55
tax list of real and public utility property for tax year 2014. 56
(11) "Total resources," in the case of county senior services 57

related functions, means the sum of the amounts in divisions 58
(A)(11)(a) and (b) of this section less any reduction required 59
under division (B)(1) of this section. 60
(a) The sum of the payments received by the county for senior 61
services related functions in calendar year 2014 under division 62
(A)(1) of section 5727.86 and division (A)(1) of section 5751.22 63
of the Revised Code as they existed at that time; 64
(b) With respect to taxes levied by the county for senior 65

services related purposes, the taxes charged and payable for such 66
purposes against all property on the tax list of real and public 67
utility property for tax year 2014. 68
(12) "Total resources," in the case of county children's 69

services related functions, means the sum of the amounts in 70
divisions (A)(12)(a) and (b) of this section less any reduction 71
required under division (B)(1) of this section. 72
(a) The sum of the payments received by the county for 73

children's services related functions in calendar year 2014 under 74
division (A)(1) of section 5727.86 and division (A)(1) of section 75
5751.22 of the Revised Code as they existed at that time; 76
(b) With respect to taxes levied by the county for children's 77

services related purposes, the taxes charged and payable for such 78
134HB110-HC1609X1/AY
HC1609X1 Page 4
79
purposes against all property on the tax list of real and public
80
utility property for tax year 2014.
(13) "Total resources," in the case of county public health 81

related functions, means the sum of the amounts in divisions 82
(A)(13)(a) and (b) of this section less any reduction required 83
under division (B)(1) of this section. 84
(a) The sum of the payments received by the county for public 85
health related functions in calendar year 2014 under division 86
(A)(1) of section 5727.86 and division (A)(1) of section 5751.22 87
(b) With respect to taxes levied by the county for public 89

health related purposes, the taxes charged and payable for such 90
purposes against all property on the tax list of real and public 91
utility property for tax year 2014. 92
(14) "Total resources," in the case of all county functions 93

not included in divisions (A)(10) to (13) of this section, means 94
the sum of the amounts in divisions (A)(14)(a) to (e) of this 95
section less any reduction required under division (B)(1) or (2) 96
of this section. 97
(a) The sum of the payments received by the county for all 98
other purposes in calendar year 2014 under division (A)(1) of 99
section 5727.86 and division (A)(1) of section 5751.22 of the 100
Revised Code as they existed at that time; 101
(b) The county's percentage share of county undivided local 102

government fund allocations as certified to the tax commissioner 103
for calendar year 2015 by the county auditor under division (J) of 104
section 5747.51 of the Revised Code or division (F) of section 105
5747.53 of the Revised Code multiplied by the total amount 106
actually distributed in calendar year 2014 from the county 107
134HB110-HC1609X1/AY
HC1609X1 Page 5
108
undivided local government fund;
(c) With respect to taxes levied by the county for all other 109
purposes, the taxes charged and payable for such purposes against 110
all property on the tax list of real and public utility property 111
for tax year 2014, excluding taxes charged and payable for the 112
purpose of paying debt charges; 113
(d) The sum of the amounts distributed to the county in 114

calendar year 2014 for the taxes levied pursuant to sections 115
5739.021 and 5741.021 of the Revised Code; 116
(e) The sum of amounts distributed to the county from the 117
gross casino revenue county fund from July 2014 through April 118
2015. 119
(15) "Total resources," in the case of a municipal 120

corporation, means the sum of the amounts in divisions (A)(15)(a) 121
to (h) of this section less any reduction required under division 122
(B)(1) or (2) of this section. 123
(a) The sum of the payments received by the municipal 124

corporation in calendar year 2014 for current expense levy losses 125
under division (A)(1) of section 5727.86 and division (A)(1) of 126
section 5751.22 of the Revised Code as they existed at that time; 127
(b) The municipal corporation's percentage share of county 128

undivided local government fund allocations as certified to the 129
tax commissioner for calendar year 2015 by the county auditor 130
under division (J) of section 5747.51 of the Revised Code or 131
division (F) of section 5747.53 of the Revised Code multiplied by 132
the total amount actually distributed in calendar year 2014 from 133
the county undivided local government fund; 134
(c) The sum of the amounts distributed to the municipal 135

corporation in calendar year 2014 pursuant to section 5747.50 of 136
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137
the Revised Code;
(d) With respect to taxes levied by the municipal 138

corporation, the taxes charged and payable against all property on 139
the tax list of real and public utility property for municipal 140
current expenses for tax year 2014; 141
(e) The amount of admissions tax collected by the municipal 142

corporation in calendar year 2013, or if such information has not 143
yet been reported to the tax commissioner, in the most recent year 144
before 2013 for which the municipal corporation has reported data 145
to the commissioner; 146
(f) The amount of income taxes collected by the municipal 147

corporation in calendar year 2013 as certified to the tax 148
commissioner under section 5747.50 of the Revised Code in 2013, or 149
if such information has not yet been reported to the commissioner, 150
in the most recent year before 2014 for which the municipal 151
corporation has reported such data to the commissioner; 152
(g) The sum of the amounts distributed to the municipal 153

corporation from the gross casino revenue host city fund from July 154
2014 through April 2015; 155
(h) The sum of the amounts distributed to the municipal 156

corporation from the gross casino revenue county fund from July 157
2014 through April 2015. 158
(16) "Total resources," in the case of a township, means the 159

sum of the amounts in divisions (A)(16)(a) to (c) of this section 160
less any reduction required under division (B)(1) or (2) of this 161
section. 162
(a) The sum of the payments received by the township in 163

calendar year 2014 pursuant to division (A)(1) of section 5727.86 164
of the Revised Code and division (A)(1) of section 5751.22 of the 165
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166
Revised Code as they existed at that time, excluding payments
167
received for debt purposes;
(b) The township's percentage share of county undivided local 168

government fund allocations as certified to the tax commissioner 169
for calendar year 2015 by the county auditor under division (J) of 170
section 5747.51 of the Revised Code or division (F) of section 171
5747.53 of the Revised Code multiplied by the total amount 172
actually distributed in calendar year 2014 from the county 173
undivided local government fund; 174
(c) With respect to taxes levied by the township, the taxes 175
charged and payable against all property on the tax list of real 176
and public utility property for tax year 2014 excluding taxes 177
charged and payable for the purpose of paying debt charges or from 178
levies imposed under section 5705.23 of the Revised Code. 179
(17) "Total resources," in the case of a local taxing unit 180

that is not a county, municipal corporation, township, or public 181
library means the sum of the amounts in divisions (A)(17)(a) to 182
(e) of this section less any reduction required under division 183
(B)(1) of this section. 184
(a) The sum of the payments received by the local taxing unit 185
in calendar year 2014 pursuant to division (A)(1) of section 186
5727.86 of the Revised Code and division (A)(1) of section 5751.22 187
(b) The local taxing unit's percentage share of county 189

undivided local government fund allocations as certified to the 190
tax commissioner for calendar year 2015 by the county auditor 191
under division (J) of section 5747.51 of the Revised Code or 192
division (F) of section 5747.53 of the Revised Code multiplied by 193
the total amount actually distributed in calendar year 2014 from 194
the county undivided local government fund; 195
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(c) With respect to taxes levied by the local taxing unit, 196
the taxes charged and payable against all property on the tax list 197
of real and public utility property for tax year 2014 excluding 198
taxes charged and payable for the purpose of paying debt charges 199
or from a levy imposed under section 5705.23 of the Revised Code; 200
(d) The amount received from the tax commissioner during 201
calendar year 2014 for sales or use taxes authorized under 202
sections 5739.023 and 5741.022 of the Revised Code; 203
(e) For institutions of higher education receiving tax 204

revenue from a local levy, as identified in section 3358.02 of the 205
Revised Code, the final state share of instruction allocation for 206
fiscal year 2014 as calculated by the chancellor of higher 207
education and reported to the state controlling board. 208
(18) "Total resources," in the case of a county, municipal 209

corporation, school district, or township public library that 210
receives the proceeds of a tax levied under section 5705.23 of the 211
Revised Code, means the sum of the amounts in divisions (A)(18)(a) 212
to (d) of this section less any reduction required under division 213
(B)(1) of this section. 214
(a) The sum of the payments received by the county, municipal 215
corporation, school district, or township public library in 216
calendar year 2014 pursuant to sections 5727.86 and 5751.22 of the 217
Revised Code, as they existed at that time, for fixed-rate levy 218
losses attributable to a tax levied under section 5705.23 of the 219
Revised Code for the benefit of the public library; 220
(b) The public library's percentage share of county undivided 221

local government fund allocations as certified to the tax 222
commissioner for calendar year 2015 by the county auditor under 223
division (J) of section 5747.51 of the Revised Code or division 224
(F) of section 5747.53 of the Revised Code multiplied by the total 225
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226
amount actually distributed in calendar year 2014 from the county
227
undivided local government fund;
(c) With respect to a tax levied pursuant to section 5705.23 228

of the Revised Code for the benefit of the public library, the 229
amount of such tax that is charged and payable against all 230
property on the tax list of real and public utility property for 231
tax year 2014 excluding any tax that is charged and payable for 232
the purpose of paying debt charges; 233
(d) The sum of the amounts distributed to the library 234

district from the county public library fund in calendar year 235
2014, as reported to the tax commissioner by the county auditor. 236
(19) "Municipal current expense property tax levies" means 237

all property tax levies of a municipality, except those with the 238
following levy names: library; airport resurfacing; bond or any 239
levy name including the word "bond"; capital improvement or any 240
levy name including the word "capital"; debt or any levy name 241
including the word "debt"; equipment or any levy name including 242
the word "equipment," unless the levy is for combined operating 243
and equipment; employee termination fund; fire pension or any levy 244
containing the word "pension," including police pensions; 245
fireman's fund or any practically similar name; sinking fund; road 246
improvements or any levy containing the word "road"; fire truck or 247
apparatus; flood or any levy containing the word "flood"; 248
conservancy district; county health; note retirement; sewage, or 249
any levy containing the words "sewage" or "sewer"; park 250
improvement; parkland acquisition; storm drain; street or any levy 251
name containing the word "street"; lighting, or any levy name 252
containing the word "lighting"; and water. 253
(20) "Operating fixed-rate levy loss" means, in the case of 254

local taxing units other than municipal corporations, fixed-rate 255
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256
levy losses of levies imposed for purposes other than paying debt
257
charges or, in the case of municipal corporations, fixed-rate levy
258
losses of municipal current expense property tax levies.
(21)(a) "Qualifying municipal corporation" means a municipal 259

corporation in the territory of which a qualifying end user is 260
located. 261
(b) "Qualifying end user" means an end user of at least seven 262
million qualifying kilowatt hours of electricity annually. 263
(c) "Qualifying kilowatt hours" means kilowatt hours of 264

electricity generated by a renewable energy resource, as defined 265
in section 5727.01 of the Revised Code, using wind energy and the 266
distribution of which is subject to the tax levied under section 267
5727.81 of the Revised Code for any measurement period beginning 268
after June 30, 2015. 269
(22) Any term used in this section has the same meaning as in 270
section 5727.84 or 5751.20 of the Revised Code unless otherwise 271
defined by this section. 272
(B)(1) "Total resources" used to compute payments to be made 273

under division (C) of this section shall be reduced to the extent 274
that payments distributed in calendar year 2014 were attributable 275
to levies no longer charged and payable. 276
(2) "Current expense allocation" used to compute payments to 277

be made under division (C) of this section shall be reduced to the 278
extent that payments distributed in calendar year 2014 were 279
attributable to levies no longer charged and payable. 280
(C)(1) Except as provided in division (D) of this section, 281

the tax commissioner shall compute payments for operating 282
fixed-rate levy losses of local taxing units and public libraries 283
for fiscal year 2016 and each year thereafter as prescribed in 284
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285
divisions (C)(1)(a) and (b) of this section:
(a) For public libraries and local taxing units other than 286
municipal corporations: 287
(i) If the ratio of current expense allocation to total 288

resources is equal to or less than the threshold per cent, zero; 289
(ii) If the ratio of current expense allocation to total 290

resources is greater than the threshold per cent, the current 291
expense allocation minus the product of total resources multiplied 292
by the threshold per cent. 293
(b) For municipal corporations: 294
(i) If the ratio of the municipal current expense allocation 295

to total resources is equal to or less than the threshold per 296
cent, zero; 297
(ii) If the ratio of the municipal current expense allocation 298

to total resources is greater than the threshold per cent, the 299
municipal current expense allocation minus the product of total 300
resources multiplied by the threshold per cent. 301
(2) For any local taxing unit or public library with 302
operating fixed-rate levy losses greater than zero, the operating 303
fixed-rate levy loss shall be allocated among all qualifying 304
operating fixed-rate levies in proportion to each such levy's 305
share of the payments received in tax year 2014. In fiscal year 306
2016 and thereafter, if a levy to which operating fixed-rate levy 307
loss is allocated is no longer charged and payable, the payment to 308
the local taxing unit or public library shall be reduced by the 309
amount allocated to the levy that is no longer charged and 310
payable. 311
(D)(1) Except as provided in division (D)(2) of this section, 312

the tax commissioner shall make payments to local taxing units 313
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314
equal to the sum of TPP inside millage debt levy loss and S.B. 3
315
inside millage debt levy loss. No payment shall be made if the
316
levy for which the levy loss is computed is not charged and
317
payable for debt purposes in fiscal year 2016 or any year
318
thereafter.
(2) No payment shall be made for TPP inside millage debt levy 319
loss in calendar year 2018 or thereafter. No payment shall be made 320
for S.B.3 inside millage debt levy loss in calendar year 2017 or 321
thereafter. 322
(E) For a qualifying municipal corporation, the tax 323

commissioner shall compute payments for fiscal year 2016 and each 324
ensuing fiscal year in an amount equal to the amount of tax 325
imposed under section 5727.81 of the Revised Code and paid on the 326
basis of qualifying kilowatt hours of electricity distributed 327
through the meter of a qualifying end user located in the 328
municipal corporation for measurement periods ending in the 329
preceding calendar year. The payment shall be computed regardless 330
of whether the qualifying municipal corporation qualifies for a 331
payment under any other division of this section for the fiscal 332
year in which the payment is computed under this division. For the 333
purposes of this division, the commissioner may require an 334
electric distribution company distributing qualifying kilowatt 335
hours or, if the end user is a self-assessing purchaser, the end 336
user, to report to the commissioner the number of qualifying 337
kilowatt hours distributed through the meter of the qualifying end 338
user. 339
(F)(1) The payments required to be made under divisions (C) 340

and, (D), and (H) of this section shall be paid from the local 341
government tangible property tax replacement fund to the county 342
undivided income tax fund in the proper county treasury. Beginning 343
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in August 2015, one-half of the amount determined under each of 344

those divisions shall be paid on or before the last day of August 345
each year, and one-half shall be paid on or before the last day of 346
February each year. Within thirty days after receipt of such 347
payments, the county treasurer shall distribute amounts determined 348
under this section to the proper local taxing unit or public 349
library as if they had been levied and collected as taxes, and the 350
local taxing unit or public library shall allocate the amounts so 351
received among its funds in the same proportions as if those 352
amounts had been levied and collected as taxes. 353
(2) On or before the last day of August and of February of 354

each fiscal year that follows a calendar year in which taxes are 355
paid on the basis of qualifying kilowatt hours of electricity 356
distributed through the meter of a qualifying end user located in 357
a qualifying municipal corporation, one-half of the payment 358
computed under division (E) of this section shall be paid from the 359
local government tangible personal property tax replacement fund 360
directly to the qualifying municipal corporation. The municipal 361
corporation shall credit the payments to a special fund created 362
for the purpose of providing grants or other financial assistance 363
to the qualifying end user or to compensate the municipal 364
corporation for municipal income tax or other tax credits or 365
reductions as the legislative authority may grant to the 366
qualifying end user. Such grants or other financial assistance may 367
be provided for by ordinance or resolution of the legislative 368
authority of the qualifying municipal corporation and may continue 369
for as long as is provided by the ordinance or resolution. 370
(G) If all or a part of the territories of two or more local 371

taxing units are merged, or unincorporated territory of a township 372
is annexed by a municipal corporation, the tax commissioner shall 373
adjust the payments made under this section to each of the local 374
134HB110-HC1609X1/AY
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375
taxing units in proportion to the square mileage of the merged or
376
annexed territory as a percentage of the total square mileage of
377
the jurisdiction from which the territory originated, or as
378
otherwise provided by a written agreement between the legislative
379
authorities of the local taxing units certified to the
380
commissioner not later than the first day of June of the calendar
381
year in which the payment is to be made.
(H) For fiscal years 2022 through 2026, if the total amount 382
to be received under division (C) of this section by a joint fire 383
district that has a nuclear power plant located within its 384
territory is less than the amount the district received under this 385
section in fiscal year 2017, the district shall receive a 386
supplemental payment equal to the difference between the amount to 387
be received under that division for the fiscal year and the amount 388
received under this section in fiscal year 2017." 389
In line 60869, after "5709.21," and insert "5709.93," 390
SYNOPSIS
Tangible personal property (TPP) supplement payments 391
R.C. 5709.93 392
Requires that the tangible personal property (TPP) supplement 393

payment amount to be paid to joint fire districts that have a 394
nuclear power plant located in their territory should be not less 395
than the amount that was paid to them in fiscal year 2017. 396
Under current law, certain joint fire districts that include 397
a nuclear power plant also receive supplemental payments through 398
134HB110-HC1609X1/AY
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399
the Local Government Fund to compensate the district for public
400
safety-related tax revenue losses due to a reduction in power
401
plant's taxable value. Those payments began in FY 2018 and run
402
through FY 2028.
134HB110-HC1609X1/AY
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Sub. H.B. 110

L-134-0001-3
"Sec. 340.03. (A) Subject to rules issued by the director of 4

mental health and addiction services after consultation with 5
relevant constituencies as required by division (A)(10) of section 6
5119.21 of the Revised Code, each board of alcohol, drug 7
addiction, and mental health services shall: 8
(1) Serve as the community addiction and mental health 9

planning agency for the county or counties under its jurisdiction, 10
and in so doing it shall: 11
(a) Evaluate the need for facility services, addiction 12

services, mental health services, and recovery supports; 13
(b) In cooperation with other local and regional planning and 14

funding bodies and with relevant ethnic organizations, evaluate 15
strengths and challenges and set priorities for addiction 16
services, mental health services, and recovery supports. A board 17
shall include treatment and prevention services when setting 18
priorities for addiction services and mental health services. When 19
a board sets priorities for addiction services, the board shall 20
134HB110-HC1613/JF
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21
consult with the county commissioners of the counties in the
22
board's service district regarding the services described in
23
section 340.15 of the Revised Code and shall give priority to
24
those services, except that those services shall not have a
25
priority over services provided to pregnant women under programs
26
developed in relation to the mandate established in section
27
5119.17 of the Revised Code.
(c) In accordance with guidelines issued by the director of 28

mental health and addiction services under division (F) of section 29
5119.22 of the Revised Code, annually develop and submit to the 30
department of mental health and addiction services a community 31
addiction and mental health plan that addresses both of the 32
following: 33
(i) The needs of all residents of the district currently 34

receiving inpatient services in state-operated hospitals, the 35
needs of other populations as required by state or federal law or 36
programs, and the needs of all children subject to a determination 37
made pursuant to section 121.38 of the Revised Code; 38
(ii) The department's priorities for facility services, 39

addiction services, mental health services, and recovery supports 40
during the period for which the plan will be in effect. The 41
department shall inform all of the boards of the department's 42
priorities in a timely manner that enables the boards to know the 43
department's priorities before the boards develop and submit the 44
plans. 45
In alcohol, drug addiction, and mental health service 46

districts that have separate alcohol and drug addiction services 47
and community mental health boards, the alcohol and drug addiction 48
services board shall submit a community addiction plan and the 49
community mental health board shall submit a community mental 50
134HB110-HC1613/JF
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51
health plan. Each board shall consult with its counterpart in
52
developing its plan and address the interaction between the local
53
addiction and mental health systems and populations with regard to
54
needs and priorities in developing its plan.
The department shall approve or disapprove the plan, in whole 55

or in part, in accordance with division (G) of section 5119.22 of 56
the Revised Code. Eligibility for state and federal funding shall 57
be contingent upon an approved plan or relevant part of a plan. 58
If a board determines that it is necessary to amend an 59

approved plan, the board shall submit a proposed amendment to the 60
director. The director shall approve or disapprove all or part of 61
the amendment in accordance with division (H) of section 5119.22 62
The board shall operate in accordance with the plan approved 64

by the department. 65
(d) Promote, arrange, and implement working agreements with 66

judicial agencies and with public and private social agencies, 67
both public and private, and with judicial agencies including 68
government programs that provide public benefits, for the purpose 69
of coordinating public benefits and improving the administration 70
and management of those government programs. 71
(2) Investigate, or request another agency to investigate, 72

any complaint alleging abuse or neglect of any person receiving 73
addiction services, mental health services, or recovery supports 74
from a community addiction services provider or community mental 75
health services provider or alleging abuse or neglect of a 76
resident receiving addiction services or with mental illness or 77
severe mental disability residing in a residential facility 78
licensed under section 5119.34 of the Revised Code. If the 79
investigation substantiates the charge of abuse or neglect, the 80
134HB110-HC1613/JF
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81
board shall take whatever action it determines is necessary to
82
correct the situation, including notification of the appropriate
83
authorities. Upon request, the board shall provide information
84
about such investigations to the department.
(3) For the purpose of section 5119.36 of the Revised Code, 85

cooperate with the director of mental health and addiction 86
services in visiting and evaluating whether the certifiable 87
services and supports of a community addiction services provider 88
or community mental health services provider satisfy the 89
certification standards established by rules adopted under that 90
section; 91
(4) In accordance with criteria established under division 92

(D) of section 5119.22 of the Revised Code, conduct program audits 93
that review and evaluate the quality, effectiveness, and 94
efficiency of addiction services, mental health services, and 95
recovery supports provided by community addiction services 96
providers and community mental health services providers under 97
contract with the board and submit the board's findings and 98
recommendations to the department of mental health and addiction 99
services; 100
(5) In accordance with section 5119.34 of the Revised Code, 101

review an application for a residential facility license and 102
provide to the department of mental health and addiction services 103
any information about the applicant or facility that the board 104
would like the department to consider in reviewing the 105
application; 106
(6) Audit, in accordance with rules adopted by the auditor of 107

state pursuant to section 117.20 of the Revised Code, at least 108
annually all programs, addiction services, mental health services, 109
and recovery supports provided under contract with the board. In 110
134HB110-HC1613/JF
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111
so doing, the board may contract for or employ the services of
112
private auditors. A copy of the fiscal audit report shall be
113
provided to the director of mental health and addiction services
114
and the county auditor of each county in the board's district.
(7) Recruit and promote local financial support for addiction 115
services, mental health services, and recovery supports from 116
private and public sources; 117
(8) In accordance with guidelines issued by the department as 118

necessary to comply with state and federal laws pertaining to 119
financial assistance, approve fee schedules and related charges or 120
adopt a unit cost schedule or other methods of payment for 121
addiction services, mental health services, and recovery supports 122
provided by community addiction services providers and community 123
mental health services providers that have contracted with the 124
board under section 340.036 of the Revised Code; 125
(9) Submit to the director and the county commissioners of 126

the county or counties served by the board, and make available to 127
the public, an annual report of the addiction services, mental 128
health services, and recovery supports under the jurisdiction of 129
the board, including a fiscal accounting; 130
(10) Establish a method for evaluating referrals for 131

court-ordered treatment and affidavits filed pursuant to section 132
5122.11 of the Revised Code in order to assist the probate 133
division of the court of common pleas in determining whether there 134
is probable cause that a respondent is subject to court-ordered 135
treatment and whether alternatives to hospitalization are 136
available and appropriate; 137
(11) Designate the treatment services, provider, facility, or 138

other placement for each person involuntarily committed to the 139
board pursuant to Chapter 5122. of the Revised Code. The board 140
134HB110-HC1613/JF
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141
shall provide the least restrictive and most appropriate
142
alternative that is available for any person involuntarily
143
committed to it and shall assure that the list of addiction
144
services, mental health services, and recovery supports submitted
145
and approved in accordance with division (B) of section 340.08 of
146
the Revised Code are available to severely mentally disabled
147
persons residing within its service district. The board shall
148
establish the procedure for authorizing payment for the services
149
and supports, which may include prior authorization in appropriate
150
circumstances. In accordance with section 340.037 of the Revised
151
Code, the board may provide addiction services and mental health
152
services directly to a severely mentally disabled person when life
153
or safety is endangered and when no community addiction services
154
provider or community mental health services provider is available
155
to provide the service.
(12) Ensure that housing built, subsidized, renovated, 156

rented, owned, or leased by the board or a community addiction 157
services provider or community mental health services provider has 158
been approved as meeting minimum fire safety standards and that 159
persons residing in the housing have access to appropriate and 160
necessary services, including culturally relevant services, from a 161
community addiction services provider or community mental health 162
services provider. This division does not apply to residential 163
facilities licensed pursuant to section 5119.34 of the Revised 164
Code. 165
(13) Establish a mechanism for obtaining advice and 166

involvement of persons receiving addiction services, mental health 167
services, or recovery supports on matters pertaining to services 168
and supports in the alcohol, drug addiction, and mental health 169
service district; 170
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(14) Perform the duties required by rules adopted under 171

section 5119.22 of the Revised Code regarding referrals by the 172
board or community mental health services providers under contract 173
with the board of individuals with mental illness or severe mental 174
disability to class two residential facilities licensed under 175
section 5119.34 of the Revised Code and effective arrangements for 176
ongoing mental health services for the individuals. The board is 177
accountable in the manner specified in the rules for ensuring that 178
the ongoing mental health services are effectively arranged for 179
the individuals. 180
(B) Each board of alcohol, drug addiction, and mental health 181
services shall establish such rules, operating procedures, 182
standards, and bylaws, and perform such other duties as may be 183
necessary or proper to carry out the purposes of this chapter. 184
(C) A board of alcohol, drug addiction, and mental health 185

services may receive by gift, grant, devise, or bequest any 186
moneys, lands, or property for the benefit of the purposes for 187
which the board is established, and may hold and apply it 188
according to the terms of the gift, grant, or bequest. All money 189
received, including accrued interest, by gift, grant, or bequest 190
shall be deposited in the treasury of the county, the treasurer of 191
which is custodian of the alcohol, drug addiction, and mental 192
health services funds to the credit of the board and shall be 193
available for use by the board for purposes stated by the donor or 194
grantor. 195
(D) No member or employee of a board of alcohol, drug 196

addiction, and mental health services shall be liable for injury 197
or damages caused by any action or inaction taken within the scope 198
of the member's official duties or the employee's employment, 199
whether or not such action or inaction is expressly authorized by 200
134HB110-HC1613/JF
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201
this section or any other section of the Revised Code, unless such
202
action or inaction constitutes willful or wanton misconduct.
203
Chapter 2744. of the Revised Code applies to any action or
204
inaction by a member or employee of a board taken within the scope
205
of the member's official duties or employee's employment. For the
206
purposes of this division, the conduct of a member or employee
207
shall not be considered willful or wanton misconduct if the member
208
or employee acted in good faith and in a manner that the member or
209
employee reasonably believed was in or was not opposed to the best
210
interests of the board and, with respect to any criminal action or
211
proceeding, had no reasonable cause to believe the conduct was
212
unlawful.
(E) The meetings held by any committee established by a board 213

of alcohol, drug addiction, and mental health services shall be 214
considered to be meetings of a public body subject to section 215
(F)(1) A board of alcohol, drug addiction, and mental health 217

services may establish a rule, operating procedure, standard, or 218
bylaw to allow the executive director of the board to execute both 219
of the following types of contracts valued at twenty-five thousand 220
dollars or less, as determined by the board, on behalf of the 221
board without the board's prior approval: 222
(a) Emergency contracts for clinical services or recovery 223

support services; 224
(b) Standard service contracts pertaining to the board's 225

operations. 226
(2) If a board establishes a rule, operating procedure, 227

standard, or bylaw under division (F)(1) of this section, both of 228
the following shall be the case: 229
134HB110-HC1613/JF
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(a) The board shall define the scope of contracts described 230
in divisions (F)(1)(a) and (b) of this section in that rule, 231
operating procedure, standard, or bylaw. 232
(b) The board shall disclose the existence of a contract 233

executed pursuant to the rule, operating procedure, standard, or 234
bylaw at the first board meeting that occurs after the contract 235
was executed and ensure that a record of that disclosure is 236
included in the written minutes of that meeting. 237
(G) Each board of alcohol, drug addiction, and mental health 238
services shall comply as a covered entity, as that term is defined 239
in 45 C.F.R. 160.103, with the "Health Insurance Portability and 240
Accountability Act of 1996 Standards for Privacy of Individually 241
Identifiable Health Information" as set forth in 45 C.F.R. part 242
160 and in 45 C.F.R. part 164, subparts A and E." 243
"Section 340.03 of the Revised Code as amended by both H.B. 246

49 and S.B. 71 of the 132nd General Assembly." 247
SYNOPSIS
ADAMHS boards 248
R.C. 340.03 249
Adds the following provisions to current law governing boards 250

of alcohol, drug addiction, and mental health services (ADAMHS 251
boards): 252
134HB110-HC1613/JF
HC1613 Page 10
--Specifies that an ADAMHS board must work with government 253

programs that provide public benefits for the purpose of 254
coordinating public benefits and improving the administration and 255
management of those government programs; 256
--Requires an ADAMHS board to comply with health information 257

privacy standards under the federal "Health Insurance Portability 258
and Accountability Act of 1996" as a covered entity under that 259
law. 260
134HB110-HC1613/JF
HC1617
Sub. H.B. 110
L-134-0001-3
DEVCD42
1 In line 65297, delete "Indoor"
2 In line 65651, delete "Indoor"
3 In line 65653, delete "indoor"
5 SYNOPSIS
7 Sections 259.10 and 259.20
8 Changes the name of DPF Fund 5XM0 appropriation item

9 195608, Indoor Entertainment Venues, to Entertainment Venues.
10 Requires DEV to provide grants to entertainment venues

11 impacted by the COVID-19 pandemic under appropriation item
12 195608 instead of limiting the grants to indoor entertainment
13 venues under the current version of the bill.

HC1618X1
Sub. H.B. 110
L-134-0001-3
2 "(N) Of the foregoing appropriation item 336421, Continuum
3 of Care Services, $1,000,000 in each fiscal year shall be used
4 to operate the two-year pilot program established in Section
5 337.205 of this act."
7 "Section 337.205. (A) As used in this section:
8 (1) "Controlled substance" and "schedule II" have the same
9 meanings as in section 3719.01 of the Revised Code.
10 (2) "Lockable container" means a container that meets both
11 of the following requirements:
12 (a) Has special packaging;
13 (b) Has a locking mechanism that can be unlocked in any of
14 the following ways:
15 (i) Physically by using a key or other object capable of
16 unlocking a locked container;
17 (ii) Physically by entering a numeric or alphanumeric
18 combination code that is selected by the patient or an
19 individual acting on behalf of the patient;

HC1618X1
20 (iii) Electronically by entering a password or code that is
21 selected by the patient or an individual acting on behalf of the
22 patient.
23 (3) "Special packaging" has the same meaning as in the
24 "Poison Prevention Packaging Act of 1970," 15 U.S.C. 1471.
25 (4) "Tamper-evident container" means a container that meets
26 both of the following requirements:
27 (a) Has special packaging;
28 (b) Displays a visual sign when there is unauthorized entry
29 into the container or has a numerical display of the time that
30 the container was last opened.
31 (5) "Third-party payer" has the same meaning as in section
33 (B)(1) Subject to division (C) of this section, the
34 Department of Mental Health and Addiction Services shall operate
35 a two-year pilot program under which all schedule II controlled
36 substances in solid oral dosage formulations are dispensed by
37 participating pharmacies in lockable containers or tamper-
38 evident containers. Under the pilot program, the Department
39 shall reimburse participating pharmacies for the expenses they
40 incur in participating in the program, including a fee
41 determined by the Department for dispensing all schedule II
42 controlled substances in solid oral dosage formulations in those
43 containers.

HC1618X1
44 (2) The Department shall select the pharmacies to be
45 included in the pilot program. Any pharmacy may volunteer to
46 participate in the pilot program by notifying the Department.
47 (3) In each of the pilot program's participating
48 pharmacies, all of the following apply:
49 (a) A pharmacist shall dispense a schedule II controlled
50 substance in a solid oral dosage formulation in a lockable
51 container or tamper-evident container unless the patient or an
52 individual acting on behalf of the patient requests that the
53 drug not be dispensed in such a container.
54 (b) The expenses that the pharmacy incurs for the
55 containers shall not be included in any amount that is to be
56 paid by a patient, an individual acting on behalf of the
57 patient, or a third-party payer.
58 (4) A pharmacist, pharmacist's delegate, or pharmacy is not
59 liable for damages in any civil action, subject to prosecution
60 in any criminal proceeding, or subject to professional
61 disciplinary action for actions taken in good faith in
62 accordance with this section, including either of the following:
63 (a) Disclosing information to aid a patient or an
64 individual acting on the patient's behalf in obtaining entry
65 into a lockable container or tamper-evident container;

HC1618X1
66 (b) Dispensing a drug in a lockable container or tamper-
67 evident container that fails to restrict unauthorized access
68 into the container.
69 (5) Not later than six months after the pilot program ends,
70 the Department shall prepare a report describing its findings
71 regarding the impact of the program. In evaluating the pilot
72 program's impact, the Department shall contract with a third-
73 party research organization to assess whether a measured
74 decrease in diversion of schedule II controlled substances
75 occurred regarding drugs dispensed through the program as
76 compared with those dispensed outside of the program. On
77 completion of the report, the Department shall submit the report
78 to the General Assembly in accordance with section 101.68 of the
79 Revised Code.
80 (C) The pilot program shall be operated for two years or
81 until funds appropriated for the program are expended, whichever
82 occurs first.
83 (D) The Department may adopt rules to administer the pilot
84 program. Any rules shall be adopted in accordance with Chapter
85 119. of the Revised Code.
86 (E) Nothing in this section precludes a pharmacy that is
87 not participating in the pilot program from stocking lockable
88 containers or tamper-evident containers and offering to have

HC1618X1
89 drugs containing a schedule II controlled substance dispensed in
90 those containers."
92 SYNOPSIS
93 Dispensing controlled substances in lockable containers
94 Section 337.205
95 Adds the following provisions:
96 --Requires the Department of Mental Health and Addiction

97 Services to operate a two-year pilot program under which
98 lockable or tamper-evident containers are used by participating
99 pharmacies when dispensing schedule II controlled substances in
100 solid oral dosage formulations.
101 --Requires the Department to reimburse pharmacies for

102 expenses incurred in participating in the pilot program.
103 Department of Mental Health and Addiction Services
104 Section 337.40
105 Earmarks $1.0 million per fiscal year in GRF line item
106 336421, Continuum of Care Services, for the operation of the
107 pilot program discussed above.

HC1625
Sub. H.B. 110
L-134-0001-3
1 After line 70356b, insert:
2 "XXXX 651XXX Improvements for $10,500,000 $10,500,000"
3 Priority Populations
4 In line 70357, add $10,500,000 to each fiscal year
5 In line 70363, delete "$10,639,171,307 $8,122,425,803" and
6 insert "$10,666,371,307 $8,149,625,803"
10 "Section 333.175. OHIO INVESTS IN IMPROVEMENTS FOR PRIORITY
11 POPULATIONS
12 (A) As used in this section:
13 (1) "Care management system" and "enrollee" have the same
14 meanings as in section 5167.01 of the Revised Code.
15 (2) "State university" has the same meaning as in section
17 (B) There is hereby created the Ohio Invests in
18 Improvements for Priority Populations (OIPP) Program. The
19 program shall be a directed payment program for inpatient and
20 outpatient hospital services provided to Medicaid care

HC1625
21 management system enrollees receiving care at state university-
22 owned hospitals with less than three hundred inpatient beds.
23 Participating hospitals shall receive payments directly for
24 services provided under the program and remit to the Department
25 of Medicaid, through intergovernmental transfer, the nonfederal
26 share of those services. Transfers made for the program shall be
27 deposited into the Hospital Directed Payment Program Fund. The
28 Medicaid Director shall seek approval from the Centers for
29 Medicare and Medicaid Services for the program in accordance
30 with section 5162.07 of the Revised Code.
31 (C) The foregoing appropriation item 651XXX, Improvements
32 for Priority Populations, and the corresponding federal share in
33 appropriation item 651623, Medicaid Services – Federal, shall be
34 used for the OIPP Program.
35 (D) If receipts credited to the Hospital Directed Payment
36 Program Fund (Fund XXXX) exceed the amounts appropriated from
37 the fund, the Medicaid Director may request the Director of
38 Budget and Management to authorize expenditures from the fund in
39 excess of the amounts appropriated. If any additional amounts
40 are authorized, the Director of Budget and Management shall
41 adjust, using the federal reimbursement rate, the appropriation
42 in appropriation item 651623, Medicaid Services – Federal,
43 accordingly. Any authorized amounts are hereby appropriated."

HC1625
45 SYNOPSIS
46 Ohio Invests in Improvements for Priority Populations
47 Section 333.175
48 Establishes the Ohio Invests in Improvements for Priority

49 Populations Program as a directed payment program regarding
50 inpatient and outpatient hospital services provided to Medicaid
51 recipients enrolled in a Medicaid managed care organization
52 plan.
53 Provides that, under the program, state university-owned

54 hospitals with fewer than 300 beds can directly receive payment
55 for inpatient and outpatient services provided to Medicaid care
56 management system enrollees.
57 Requires participating hospitals to remit to the Department

58 of Medicaid, through intergovernmental transfer, the nonfederal
59 share of payment for those services.
60 Department of Medicaid
61 Sections 333.10 and 333.175
62 Establishes an appropriation of $10.5 million in each

63 fiscal year in new DPF Fund XXXX appropriation item 651XXX,
64 Improvements for Priority Populations. Increases appropriations
65 to FED Fund 3F00 appropriation item 651623, Medicaid Services –
66 Federal, by $27.7 million in each fiscal year. Requires
67 appropriation item 651XXX and any corresponding federal share in
68 appropriation item 651623 be used for the OIPP Program.
69 Specifies that if receipts credited into the Hospital Directed
70 Payment Program Fund (Fund XXXX) exceed the amounts
71 appropriated, the Medicaid Director may request the Director of
72 Budget and Management to authorize additional expenditures.
73 Requires, if any amounts are authorized, the Director of Budget
74 and Management to adjust the federal appropriation item
75 accordingly. Appropriates authorized additional expenditures.

HC1627
Sub. H.B. 110
L-134-0001-3
2 insert "$2,056,678,116 $2,075,761,402"
3 In line 72460a, delete "-"
4 Delete lines 72460b and 72460c
5 Delete lines 72491 through 72491c
6 In line 72734, delete "items" and insert "item"
7 In line 72735, after "Instruction" delete the balance of
8 the line
9 In line 72736, delete everything before the comma
10 In line 72828, delete "- Universities and Regional
11 Campuses"; after "cent" insert "of the appropriation for
12 universities, as established in division (A)(2) of the section
13 of this act entitled "STATE SHARE OF INSTRUCTION FOR FISCAL
14 YEARS 2022 AND 2023,""
16 Campuses"
17 In line 72909, after "cent" insert "of the appropriation
18 for universities, as established in division (A)(2) of the

HC1627
19 section of this act entitled "STATE SHARE OF INSTRUCTION FOR
20 FISCAL YEARS 2022 AND 2023,""
25 YEARS 2022 AND 2023,""
30 YEARS 2022 AND 2023,""
31 Delete line 72993
32 In line 72994, delete "Instruction – Universities and
33 Regional Campuses"; after the comma insert "established in
34 division (A)(2) of the section of this act entitled "STATE SHARE
35 OF INSTRUCTION FOR FISCAL YEARS 2022 AND 2023,""
36 In line 73002, delete "235586" and insert "235501"
37 In line 73003, delete "- Community and Technical Colleges";
38 after "cent" insert "of the appropriation for state-supported
39 community colleges, state community colleges, and technical
40 colleges as established in division (A)(1) of the section of
41 this act entitled "STATE SHARE OF INSTRUCTION FOR FISCAL YEARS
42 2022 AND 2023,""

HC1627
49 2022 AND 2023,""
56 2022 AND 2023,""
59 the line
61 In line 73132, delete "Technical Colleges"
64 the line
66 In line 73138, delete "Colleges"

HC1627
67 In line 73156, after "(J)" delete the balance of the line
68 Delete lines 73157 through 73163
69 In line 73164, delete "(K)"
72 the line
73 In line 73173, delete everything before the comma
74 In line 73197, after "each" insert "sector's share"; delete
75 "items" and insert "item"
77 the line
79 In line 73200, delete "Colleges"
81 "Section 381.150. STATE SHARE OF INSTRUCTION FOR FISCAL
82 YEARS 2022 AND 2023
83 (A) The foregoing appropriation item 235501, State Share of
84 Instruction, shall be distributed according to the section of
85 this act entitled "STATE SHARE OF INSTRUCTION FORMULAS."
86 (1) Of the foregoing appropriation item 235501, State Share
87 of Instruction, $474,064,305 in fiscal year 2022 and
88 $478,463,002 in fiscal year 2023 shall be distributed to state-
89 supported community colleges, state community colleges, and
90 technical colleges.

HC1627
91 (2) Of the foregoing appropriation item 235501, State Share
92 of Instruction, $1,582,613,811 in fiscal year 2022 and
93 $1,597,298,400 in fiscal year 2023 shall be distributed to
94 state-supported university main and regional campuses.
95 (B) Any increases in the amount distributed to an
96 institution from appropriation item 235501, State Share of
97 Instruction, above the prior year may be used by the institution
98 to provide need-based aid and to provide counseling, support
99 services, and workforce preparation services to students."
102 the line
104 In line 73490, delete "Technical Colleges"
106 SYNOPSIS
107 Department of Higher Education
108 Sections 381.10, 381.140, 381.150, and 381.320
109 Restores the use of a single line item to make state share
110 of instruction (SSI) formula payments for universities and
111 regional campuses and community and technical colleges (as in
112 the As Introduced version of the bill) by making the following
113 changes:

HC1627
114 (1) Eliminating GRF appropriation items 235501, State

115 Share of Instruction – Universities and Regional Campuses, and
116 235586, State Share of Instruction – Community and Technical
117 Colleges;
118 (2) Restoring GRF appropriation item 235501, State Share

119 of Instruction, with appropriations of $2,056,678,116 in FY 2022
120 and $2,075,761,402 in FY 2023;
121 (3) Restoring separate earmarks for each sector from item
122 235501, which are:
123 a. $1,582,613,811 in FY 2022 and $1,597,298,400 in

124 FY 2023 for universities and regional campuses; and
125 b. $474,064,305 in FY 2022 and $478,463,002 in FY 2023

126 for community and technical colleges.
127 Retains the permissive authority in the substitute version

128 of the bill for higher education institutions to use additional
129 SSI subsidy compared to the prior year to provide need-based aid
130 and counseling, support services, and workforce preparation
131 services to its students. (The As Introduced version of the bill
132 required institutions to use any additional SSI subsidy for
133 these purposes.)

HC1639
Sub. H.B. 110

L-134-0001-3
In line 21756, after "intern,"" insert "a "registered 3

behavior technician" as described under rule 5123-9-41 of the 4
Administrative Code, a "certified Ohio behavior analyst" under 5
Chapter 4783. of the Revised Code," 6
Sec. 3310.411. Any registered private provider approved to 8

participate in the autism scholarship program and any of its 9
employees shall be subject to a criminal records check as 10
specified in sections 109.57 and 109.572 of the Revised Code. The 11
registered private provider shall submit the results of any 12
records checks to the department of education. The department 13
shall use the information submitted to enroll the individual for 14
whom a records check is completed in the retained applicant 15
fingerprint database, established under section 109.5721 of the 16
Revised Code, in the same manner as any teacher licensed under 17
134HB110-HC1639/BJD
HC1639 Page 2
SYNOPSIS
Autism Scholarship Program 19
R.C. 3310.41 and 3310.411 20
Subjects any registered private provider approved for the 21

Autism Scholarship Program and any of its employees to criminal 22
records check requirements prescribed under current law. 23
Requires a registered private provider to submit the results 24

of criminal records checks to the Department of Education. 25
Requires the Department to use the information submitted, as 26

described above, to enroll an individual in the Retained Applicant 27
Fingerprint Database in the same manner as licensed educators. 28
Includes "registered behavior technician" and "certified Ohio 29

behavior analyst" in the list of qualified, credentialed providers 30
that may offer intervention services under the program. 31
134HB110-HC1639/BJD
HC1650X1
Sub. H.B. 110
L-134-0001-3
1 In line 71931, delete "$6,044,609 $6,119,884" and insert
2 "$6,344,609 $6,519,884"
4 $400,000 to fiscal year 2023
6 $400,000 to fiscal year 2023
8 SYNOPSIS
9 Public Defender Commission
10 Section 371.10
11 Increases GRF appropriation item 019401, State Legal

12 Defense Services, by $300,000 in fiscal year 2022 and $400,000
13 in fiscal year 2023.

HC1651
Sub. H.B. 110

L-134-0001-3
"Sec. 167.03. (A) The council shall have the power to: 4
(1) Study such area governmental problems common to two or 5

more members of the council as it deems appropriate, including but 6
not limited to matters affecting health, safety, welfare, 7
education, economic conditions, and regional development; 8
(2) Promote cooperative arrangements and coordinate action 9

among its members, and between its members and other agencies of 10
local or state governments, whether or not within Ohio, and the 11
federal government; 12
(3) Make recommendations for review and action to the members 13

and other public agencies that perform functions within the 14
region; 15
(4) Promote cooperative agreements and contracts among its 16

members or other governmental agencies and private persons, 17
corporations, or agencies; 18
(5) Operate a public safety answering point in accordance 19
134HB110-HC1651/RH
HC1651 Page 2
20
with Chapter 128. of the Revised Code;
(6) Perform planning directly by personnel of the council, or 21

under contracts between the council and other public or private 22
planning agencies. 23
(B) The council may: 24
(1) Review, evaluate, comment upon, and make recommendations, 25

relative to the planning and programming, and the location, 26
financing, and scheduling of public facility projects within the 27
region and affecting the development of the area; 28
(2) Act as an areawide agency to perform comprehensive 29

planning for the programming, locating, financing, and scheduling 30
of public facility projects within the region and affecting the 31
development of the area and for other proposed land development or 32
uses, which projects or uses have public metropolitan wide or 33
interjurisdictional significance; 34
(3) Act as an agency for coordinating, based on metropolitan 35

wide comprehensive planning and programming, local public 36
policies, and activities affecting the development of the region 37
or area. 38
(C) The council may, by appropriate action of the governing 39

bodies of the members, perform such other functions and duties as 40
are performed or capable of performance by the members and 41
necessary or desirable for dealing with problems of mutual 42
concern. 43
(D) The authority granted to the council by this section or 44

in any agreement by the members thereof shall not displace any 45
existing municipal, county, regional, or other planning commission 46
or planning agency in the exercise of its statutory powers. 47
(E) A council, with an educational service center as its 48
134HB110-HC1651/RH
HC1651 Page 3
49
fiscal agent, that is established to provide health care benefits
50
to the council members' officers and employees and their
51
dependents may contract do either of the following:
(1) Contract to administer and coordinate a self-funded 52

health benefit program of a nonprofit corporation organized under 53
Chapter 1702. of the Revised Code. A council operating a program 54
under this division that does not act as an administrator as 55
defined in section 3959.01 of the Revised Code does not constitute 56
engaging in the business of insurance and is not subject to the 57
insurance laws of this state. 58
(2) Acquire, establish, manage, or operate a separate 59

business entity, including a corporation, company, organization, 60
partnership, or trust, and utilize its unencumbered reserve funds 61
in the acquisition, establishment, management, or operation of the 62
business entity to the extent approved by the council's governing 63
board and so long as the council remains sufficiently reserved, in 64
the exercise of sound and prudent actuarial judgment, to cover the 65
potential cost of health care benefits for the council members' 66
officers and employees and their dependents." 67
SYNOPSIS
Regional council of governments cost of health care benefits 69
R.C. 167.03 70
Specifies that a regional council of governments, with an 71

educational service center as its fiscal agent, that is 72
134HB110-HC1651/RH
HC1651 Page 4
73
established to provide health care benefits can acquire,
74
establish, manage, or operate a separate business entity, and
75
utilize its unencumbered reserve funds for that acquisition,
76
establishment, management, or operation, to cover potential costs
77
of health care benefits.
134HB110-HC1651/RH
HC1666X1
Sub. H.B. 110
L-134-0001-3
1 In line 68649, delete "$57,000 $57,000" and insert
2 "$210,000 $210,000"
3 In line 68661, add $153,000 to each fiscal year
6 SYNOPSIS
7 Department of Health
8 Section 291.10
9 Increases GRF appropriation item 440481, Lupus Awareness,

10 by $153,000 in each fiscal year.

HC1684
Sub. H.B. 110
L-134-0001-3
TAXCD34
1 In line 141 of the title, after "5123.034," insert "and";
2 delete ", and"
3 In line 142 of the title, delete "5751.015"
4 In line 293, after "5123.034," insert "and"; delete ", and"
5 In line 294, delete "5751.015"
8 SYNOPSIS
9 Common ownership test for CAT taxpayer groups
10 R.C. 5751.015
11 Removes a provision of the pending bill that would codify

12 an administrative rule related to which business entities are
13 considered to be part of a commercial activity tax (CAT)
14 consolidated elected or combined taxpayer group.
Legislative Service Commission -1- 134HB110-HC1684/ar

HC1688
Sub. H.B. 110
L-134-0001-3
TAXCD11
1 In line 96 of the title, delete "5709.21,"
2 In line 258, delete "5709.21,"
4 In line 60869, delete "5709.21,"
7 SYNOPSIS
8 Pollution control facility tax exemptions
9 R.C. 5709.21; Section 803.40
10 Removes a provision of the pending bill that would have

11 required an application to the Tax Commissioner for a property
12 and sales and use tax exemption for certain facilities used to
13 abate pollution, noise, or energy waste (i.e., an exempt
14 facility certificate) to separately identify the property
15 exclusively and necessarily used for the operation of the
16 facility ("exclusive property"), as distinct from auxiliary
17 property that may also be used for other purposes.
18 Also removes a provision that would have required an

19 applicant to prove which property is exclusive property with
20 respect to previously filed applications that do not separately
21 identify such property.

HC1689
Sub. H.B. 110
L-134-0001-3
2 "GRF 715XXX Recycling Projects $60,000 $10,000"
3 In line 68317, add $60,000 to fiscal year 2022 and $10,000
4 to fiscal year 2023
5 In line 68379, add $60,000 to fiscal year 2022 and $10,000
6 to fiscal year 2023
7 In line 68381, after "Section 277.20." insert:
8 "RECYCLING PROJECTS
9 The foregoing appropriation item 715XXX, Recycling
10 Projects, shall be distributed to the Geauga-Trumbull Solid
11 Waste Management District for recycling expanded polystyrene.";
12 begin a new paragraph
14 SYNOPSIS
15 Environmental Protection Agency
16 Sections 277.10 and 277.20
17 Creates GRF appropriation item 715XXX, Recycling Projects,

18 with an appropriation of $60,000 in fiscal year 2022 and $10,000
19 in fiscal year 2023. Earmarks those amounts to be distributed to
20 the Geauga-Trumbull Solid Waste Management District for
21 recycling expanded polystyrene.

HC1692X3
Sub. H.B. 110
L-134-0001-3
AGRCD12
2 "Of the foregoing appropriation item 700670, H2Ohio,
3 $1,800,000 in fiscal year 2022 and $2,200,000 in fiscal year
4 2023 shall be used to match federal funding available to
5 establish a water quality pilot program at Shallow Run located
6 in Hardin County in accordance to Section 3 of H.B. 7 of the
7 133rd General Assembly. Funding under this appropriation item
8 shall not be expended until the Department of Agriculture
9 reports to the Controlling Board that federal funding for the
10 pilot program has been committed or obtained."
12 SYNOPSIS
13 Department of Agriculture
14 Section 211.20
15 Earmarks $1,800,000 in FY 2022 and $2,200,000 in FY 2023

16 under DPF Fund 6H20 appropriation item 700670, H2Ohio, to be
17 used to match federal funding available to establish a water
18 quality pilot program at Shallow Run located in Hardin County in
19 accordance to Section 3 of Sub. H.B. 7 of the 133rd General
20 Assembly.

HC1692X3
21 Specifies that funding under the appropriation item cannot

22 be used until the Department of Agriculture reports to the
23 Controlling Board that federal funding for the pilot program has
24 been committed or obtained.

HC1702
Sub. H.B. 110
L-134-0001-3
MCDCD34
1 In line 70843, delete "managed care" and insert "care
2 management"
4 management"
6 management"
8 management"
10 SYNOPSIS
11 Medicaid Cost Assurance Pilot Program
12 Section 333.217
13 Changes the name of the administering entity under the

14 bill's Medicaid Cost Assurance Pilot Program from managed care
15 entity to care management entity.

HC1712
Sub. H.B. 110
L-134-0001-3
2 "3953.331, 3953.36,"
3 In line 288, after "3902.62," insert "3953.331, 3953.36,"
5 "Sec. 3953.331. (A) For a title insurance company that is a
6 joint venture, the annual review required under section 3953.33
7 of the Revised Code shall assess whether or not all members of
8 the joint venture received revenue during the year in question
9 from the title company commensurate to their ownership interest
10 in the title company. The superintendent of insurance shall
11 promulgate rules under Chapter 119. of the Revised Code setting
12 forth the standards of the review required under this section
13 and the form in which this information is to be provided.
14 (B) Title insurance companies that are joint ventures shall
15 maintain sufficient records of their affairs, including their
16 escrow operations, escrow trust accounts, and operating accounts
17 so that the superintendent may adequately ensure that the title
18 insurance company that is a joint venture and all members of the
19 joint venture are in compliance with the requirements of this

HC1712
20 section. Records kept pursuant to this section shall be kept for
21 a period of not less than ten years following the transactions
22 to which the records relate. The superintendent may prescribe
23 the specific records and documents to be kept.
24 Sec. 3953.36. For a title company that is a joint venture
25 that is set to dissolve or terminate on a specified date, all
26 members of that joint venture shall be allowed or invited to
27 join any successor joint ventures formed upon dissolution or
28 termination of the original joint venture."
30 SYNOPSIS
31 Joint venture title insurance companies
32 R.C. 3953.331 and 3953.36
33 Requires, for a title company that is a joint venture, the

34 company's annual review to assess whether or not all members of
35 the joint venture received revenue from the title company
36 commensurate to their ownership interest in the title company.
37 Requires, for title companies that are joint ventures, all

38 members of the joint venture to be allowed or invited to join
39 any successor joint ventures formed upon dissolution or
40 termination of the original joint venture.

HC1713X1
Sub. H.B. 110
L-134-0001-3
DASCD23
2 "Of the foregoing appropriation item 100661, IT
3 Development, $250,000 in fiscal year 2022 shall be used by the
4 Office of InnovateOhio to support the web-based liquor permit
5 project under the Department of Commerce."
7 SYNOPSIS
8 Department of Administrative Services
9 Section 207.45
10 Earmarks $250,000 in FY 2022 under ISA Information

11 Technology Development Fund (Fund 5LJ0) line item 100661, IT
12 Development, for the Office of InnovateOhio to support the
13 Department of Commerce's web-based liquor permit project.

HC1715X3
Sub. H.B. 110
L-134-0001-3
2 "Of the foregoing appropriation item 600689, TANF Block
3 Grant, $500,000 in each fiscal year shall be provided, in
4 accordance with sections 5101.80 and 5101.801 of the Revised
5 Code, to Child Focus, Inc. to support programs that provide
6 early learning and behavioral health services for at-risk youth
7 in addition to workforce development, life skills training,
8 parent education, and couples therapy to improve healthy family
9 formation, maintenance, and stability for young adult parents
10 and financially disadvantaged couples. Not later than January 1,
11 2023, Child Focus, Inc. shall provide a report to the Director
12 of Job and Family Services regarding the number of additional
13 children served with this funding and the outcomes and efficacy
14 of these programs."

HC1715X3
16 SYNOPSIS
17 Department of Job and Family Services
18 Section 307.80
19 Earmarks $500,000 in FY 2022 and FY 2023 from FED Fund 3V60

20 appropriation item 600689, TANF Block Grant, for Child Focus,
21 Inc. and requires the organization to provide a report, not
22 later than January 1, 2023, about the number of new individuals
23 served by this funding and the outcomes and efficacy of the
24 programs.

HC1723
Sub. H.B. 110
LSC 134 0001-3
1 In line 67 of the title, delete "3902.50, 3902.60,
2 3902.70,"
4 In line 237, delete "3902.50, 3902.60, 3902.70,"
5 In line 288, delete "3902.62,"
7 In line 60848, delete "3902.50, 3902.60,"
8 In line 60849, delete "3902.70,"
10 SYNOPSIS
11 Medication coverage switching
12 R.C. 3902.50, 3902.60, 3902.62, and 3902.70
13 Removes provisions restricting health benefit plans from

14 increasing cost sharing requirements during a plan year.

HC1742X1
Sub. H.B. 110

L-134-0001-3
In line 1 of the title, after "sections" insert "3.061," 1
In line 188, after "sections" insert "3.061," 4
(1) "Political subdivision" means a county, township, 9

municipal corporation, school district, community school, soil and 10
water conservation district created under Chapter 940. of the 11
Revised Code, park district created under Chapter 1545. of the 12
Revised Code, library or library district specified in section 13
3375.32 of the Revised Code, juvenile facility district created 14
under section 2151.65 of the Revised Code, or detention facility 15
district created under section 2152.41 of the Revised Code. 16
(2) "Employee dishonesty and faithful performance of duty 17

policy" means a policy of insurance, or a coverage document issued 18
by a joint self-insurance pool authorized under section 2744.081 19
134HB110-HC1742X1/RYT
HC1742X1 Page 2
20
of the Revised Code, to protect against losses that would
21
otherwise be protected against under a surety bond and to protect
22
against other losses as determined by the political subdivision.
(B) A political subdivision may adopt a policy, by ordinance 23

or resolution, to allow for the use of an employee dishonesty and 24
faithful performance of duty policy, rather than a surety bond 25
that would otherwise be required by law to be given by any of the 26
following: 27
(1) The political subdivision; 28
(2) An officer, employee, or appointee of the political 29

subdivision; 30
(3) Any other entity or individual, if the entity or 31

individual is required by law to give a surety bond to the 32
political subdivision. 33
The employee dishonesty and faithful performance of duty 34

policy also may cover any other entity or individual as determined 35
by the political subdivision. 36
(C)(1) Any officer, employee, or appointee otherwise required 37

by law to give an individual surety bond to qualify for the office 38
or employment before entering upon the discharge of duties imposed 39
by the office or employment shall, before entering upon the 40
discharge of duties imposed by the office or employment, either 41
give the individual surety bond or be covered under an employee 42
dishonesty and faithful performance of duty policy that is in 43
effect and becomes applicable to the officer, employee, or 44
appointee upon the beginning of the individual's term of office or 45
employment. 46
(2) Any officer, employee, or appointee otherwise required by 47

law to maintain an individual surety bond to continue being 48
134HB110-HC1742X1/RYT
HC1742X1 Page 3
49
entitled to discharge the duties of the office or employment may,
50
during the individual's term or employment, become covered under
51
an employee dishonesty and faithful performance of duty policy.
(D) For a political subdivision that has adopted a policy as 52

authorized under this section, all of the following apply: 53
(1) An officer, employee, or appointee otherwise required by 54

law to give an individual surety bond shall not commence or 55
continue the discharge of duties until coverage is documented as 56
required by the legislative authority. A lack of coverage on the 57
date on which the discharge of duties are commenced or continued 58
by the individual shall render the office vacant and it shall be 59
filled as required by law. 60
(2) Notwithstanding any section of the Revised Code requiring 61

an officer, employee, or appointee of a political subdivision to 62
give bond before being entitled to enter upon the duties of the 63
office or employment, an officer, employee, or appointee shall be 64
considered qualified to hold the office or employment, without 65
giving bond, on the date the oath of office is taken, certified, 66
and filed as required by law. 67
(3) Notwithstanding any section of the Revised Code requiring 68

an officer, employee, or appointee of a political subdivision to 69
maintain bond to continue being entitled to discharge the duties 70
of the office or employment, an officer, employee, or appointee 71
who becomes covered under an employee dishonesty and faithful 72
performance of duty policy during the individual's term or 73
employment and who remains covered under the employee dishonesty 74
and faithful performance of duty policy for the duration of the 75
individual's term or employment shall be considered qualified to 76
hold the office or employment, without maintaining bond for the 77
duration of the individual's term or employment as required by 78
134HB110-HC1742X1/RYT
HC1742X1 Page 4
79
law.
(4) Notwithstanding section 3.30 or any other section of the 80

Revised Code that provides an office or employment is vacated upon 81
the failure to file bond, the officer, employee, or appointee 82
shall be entitled to enter upon the duties of the office or 83
employment when the policy is in effect as provided in division 84
(B) of this section and the oath is filed as provided in division 85
(D)(2) of this section. 86
(5) All officers, employees, or appointees who would 87

otherwise be required to file a bond before commencing the 88
discharge of duties shall be covered by and are subject to the 89
employee dishonesty and faithful performance of duty policy 90
instead of a surety bond requirement. 91
(6) The coverage amount for an officer, employee, or 92

appointee under an employee dishonesty and faithful performance of 93
duty policy shall be equal to or greater than the maximum amount 94
of the bond otherwise required by law. If no amount, or only a 95
minimum amount, of coverage is specified in law for the particular 96
officer, employee, or appointee, the amount of coverage shall be 97
an amount agreed upon by the legislative authority or the 98
authority otherwise designated by law to determine the amount of 99
the bond. 100
(E) A political subdivision that does not adopt a policy 101

under this section shall continue to use the surety bonds as 102
otherwise provided in the Revised Code. 103
(F) Nothing in this section relieves an officer, employee, or 104

appointee of other applicable requirements to hold the office or 105
employment." 106
134HB110-HC1742X1/RYT
HC1742X1 Page 5
"Sec. 940.05. The board of supervisors of a soil and water 108

conservation district shall consist of five supervisors, as 109
provided for in section 940.04 of the Revised Code. 110
The board shall organize annually by selecting a chairperson, 111

a secretary, and a treasurer. It shall designate one of its 112
members as fiscal agent. A majority of the board shall constitute 113
a quorum. The concurrence of a majority of the board in any matter 114
shall be required for its determination. A supervisor shall 115
receive no compensation for the supervisor's services, except when 116
both of the following occur: 117
(A) A district board of supervisors designates one or more of 118

its supervisors to represent the district on a joint district 119
board or if an agency or instrumentality of the United States, of 120
this state, or of a political subdivision of this state requires 121
or requests district board representation; 122
(B) Such compensation is provided for by public moneys other 123

than moneys in the special fund of the local district created 124
pursuant to section 940.12 of the Revised Code. 125
A supervisor is entitled to be reimbursed for the necessary 126

expenses incurred in the discharge of official duties. 127
The board of supervisors shall furnish to the Ohio soil and 128
water conservation commission, upon its request, copies of rules, 129
orders, contracts, forms, and other documents it adopts or employs 130
and other information concerning its activities as it requires in 131
the performance of its duties under this chapter. 132
At least once each year, a district shall submit to the 133

commission a report of progress and operations, including a 134
summary of receipts and disbursements during the period covered by 135
the report. A district shall submit additional financial reports 136
134HB110-HC1742X1/RYT
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137
as requested by the commission.
The Except as otherwise provided in section 3.061 of the 138

Revised Code, the board shall provide for the execution of surety 139
bonds for all employees and officers who are entrusted with funds 140
and shall provide for the keeping of a full and accurate record of 141
all proceedings and of all resolutions and orders issued or 142
adopted. Any supervisor may be removed by the commission upon 143
notice and hearing for neglect of duty or malfeasance in office. 144
Sec. 940.111. (A) As used in this section: 145
(1) "Financial transaction device" includes a credit card, 146

debit card, charge card, or prepaid or stored value card, or 147
automated clearinghouse network credit, debit, or e-check entry 148
that includes, but is not limited to, accounts receivable and 149
internet-initiated, point of purchase, and telephone-initiated 150
applications or any other device or method for making an 151
electronic payment or transfer of funds. 152
(2) "Soil and water district officials" includes the board of 153
supervisors of a soil and water conservation district and 154
employees of the district. 155
(3) "Soil and water district expenses" includes payments or 156

any other expense a person owes or otherwise pays to a soil and 157
water conservation district under the authority of this chapter. 158
(B) Notwithstanding any other section of the Revised Code, 159

the board of supervisors of a soil and water conservation district 160
may adopt a resolution authorizing the acceptance of payments by 161
financial transaction devices for soil and water district 162
expenses. 163
The resolution shall include the following: 164
134HB110-HC1742X1/RYT
HC1742X1 Page 7
(1) A specification of those soil and water district 165

officials who are authorized to accept payments by financial 166
transaction device; 167
(2) A list of soil and water district expenses that may be 168
paid for through the use of a financial transaction device; 169
(3) Specific identification of financial transaction devices 170

that the board authorizes as acceptable means of payment for soil 171
and water district expenses. Uniform acceptance of financial 172
transaction devices among different types of soil and water 173
district expenses is not required. 174
(4) The amount, if any, authorized as a surcharge or 175

convenience fee under division (D) of this section for persons 176
using a financial transaction device. Uniform application of 177
surcharges or convenience fees among different types of soil and 178
water district expenses is not required. 179
(5) A specific provision as provided in division (F) of this 180

section requiring the payment of a penalty if a payment made by 181
means of a financial transaction device is returned or dishonored 182
for any reason. 183
The board's resolution shall also designate the county 184

treasurer as an administrative agent to solicit proposals, within 185
guidelines established by the board in the resolution and in 186
compliance with the procedures provided in division (C) of this 187
section, from financial institutions, issuers of financial 188
transaction devices, and processors of financial transaction 189
devices, to make recommendations about those proposals to the 190
board, and to assist the soil and water conservation district in 191
implementing the board's financial transaction devices program. 192
The county treasurer may decline this responsibility within thirty 193
days after receiving a copy of the board's resolution by notifying 194
134HB110-HC1742X1/RYT
HC1742X1 Page 8
195
the board in writing within that period. If the treasurer so
196
notifies the board, the board shall perform the duties of the
197
administrative agent.
If the county treasurer is the administrative agent and fails 198

to administer the board's financial transaction devices program in 199
accordance with the guidelines in the board's resolution, the 200
board shall notify the treasurer in writing of the board's 201
findings, explain the failures, and give the treasurer six months 202
to correct the failures. If the treasurer fails to make the 203
appropriate corrections within that six-month period, the board 204
may adopt a resolution declaring the board to be the 205
administrative agent. The board may later rescind that resolution 206
at its discretion. 207
(C) The board shall follow the procedures provided in this 208
division whenever it plans to contract with financial 209
institutions, issuers of financial transaction devices, or 210
processors of financial transaction devices for the purposes of 211
this section. The administrative agent shall request proposals 212
from at least three financial institutions, issuers of financial 213
transaction devices, or processors of financial transaction 214
devices, as appropriate in accordance with the resolution adopted 215
under division (B) of this section. Prior to sending any financial 216
institution, issuer, or processor a copy of any such request, the 217
board shall advertise its intent to request proposals in a 218
newspaper of general circulation in the soil and water 219
conservation district once a week for two consecutive weeks or as 220
provided in section 7.16 of the Revised Code. 221
The notice shall: 222
(1) State that the board intends to request proposals; 223
(2) Specify the purpose of the request; 224
134HB110-HC1742X1/RYT
HC1742X1 Page 9
(3) Indicate the date, which shall be at least ten days after 225
the second publication, on which the request for proposals will be 226
mailed to financial institutions, issuers, or processors; 227
(4) Require that any financial institution, issuer, or 228

processor, whichever is appropriate, interested in receiving the 229
request for proposals submit written notice of this interest to 230
the board not later than noon of the day on which the request for 231
proposals will be mailed. 232
Upon receiving the proposals, the administrative agent shall 233

review them and make a recommendation to the board on which 234
proposals to accept. The board shall consider the agent's 235
recommendation and review all proposals submitted, and then may 236
choose to contract with any or all of the entities submitting 237
proposals, as appropriate. The board shall provide any financial 238
institution, issuer, or processor that submitted a proposal, but 239
with which the board does not enter into a contract, notice that 240
its proposal is rejected. The notice shall state the reasons for 241
the rejection, indicate whose proposals were accepted, and provide 242
a copy of the terms and conditions of the successful bids. 243
(D) A board of supervisors of a soil and water conservation 244

district may establish a surcharge or convenience fee that may be 245
imposed upon a person making payment by a financial transaction 246
device. The surcharge or convenience fee shall not be imposed 247
unless authorized or otherwise permitted by the rules prescribed 248
by an agreement governing the use and acceptance of the financial 249
transaction device. If a surcharge or convenience fee is imposed, 250
the board shall clearly post a notice and shall notify each person 251
making a payment by such a device about the surcharge or fee. 252
Notice to each person making a payment shall be provided 253
regardless of the medium used to make the payment and in a manner 254
134HB110-HC1742X1/RYT
HC1742X1 Page 10
255
appropriate to that medium.
Each notice shall include all of the following: 256
(1) A statement that there is a surcharge or convenience fee 257

for using a financial transaction device; 258
(2) The total amount of the charge or fee expressed in 259

dollars and cents for each transaction, or the rate of the charge 260
or fee expressed as a percentage of the total amount of the 261
transaction, whichever is applicable; 262
(3) A clear statement that the surcharge or convenience fee 263

is nonrefundable. 264
(E) If a person elects to make a payment to the soil and 265

water conservation district by a financial transaction device and 266
a surcharge or convenience fee is imposed, the payment of the 267
surcharge or fee shall be considered voluntary and the surcharge 268
or fee is not refundable. 269
(F) If a person makes payment by financial transaction device 270

and the payment is returned or dishonored for any reason, the 271
person is liable to the soil and water conservation district for 272
payment of a penalty over and above the amount of the expense due. 273
The board shall determine the amount of the penalty, which may be 274
either a fee not to exceed twenty dollars or payment of the amount 275
necessary to reimburse the district for banking charges, legal 276
fees, or other expenses incurred by the district in collecting the 277
returned or dishonored payment. The remedies and procedures 278
provided in this section are in addition to any other available 279
civil or criminal remedies provided by law. 280
(G) No person making any payment by financial transaction 281

device to a soil and water conservation district shall be relieved 282
from liability for the underlying obligation except to the extent 283
134HB110-HC1742X1/RYT
HC1742X1 Page 11
284
that the district realizes final payment of the underlying
285
obligation in cash or its equivalent. If final payment is not made
286
by the financial transaction device issuer or other guarantor of
287
payment in the transaction, the underlying obligation survives and
288
the district retains all remedies for enforcement that would have
289
applied if the transaction had not occurred.
(H) A soil and water district official who accepts a 290

financial transaction device payment in accordance with this 291
section and any applicable state or local policies or rules is 292
immune from personal liability for the final collection of such 293
payments." 294
In line 60799, after "sections" insert "3.061," 295
SYNOPSIS
Acceptance of credit cards by soil and water conservation 297

districts 298
R.C. 940.111 299
Establishes procedures by which a soil and water conservation 300

district may accept credit cards for payment of certain district 301
goods and services. 302
Dishonesty and faithful performance of duty policy 303
R.C. 3.061 and 940.05 304
Authorizes a soil and water conservation district to use an 305

"employee dishonesty and faithful performance of duty policy" in 306
134HB110-HC1742X1/RYT
HC1742X1 Page 12
307
lieu of surety bonds for all officers, employees, and appointees
308
that are required by law to give a bond. (Current law already
309
authorizes certain political subdivisions to use these policies in
310
lieu of surety bonds.)
134HB110-HC1742X1/RYT
HC1747X1
Sub. H.B. 110
L-134-0001-3
2 "Of the foregoing appropriation item 360508, State
3 Historical Grants, $100,000 in each fiscal year shall be used
4 for The Cleveland Orchestra."
6 SYNOPSIS
7 Ohio History Connection
8 Section 297.10
9 Earmarks $100,000 from GRF appropriation item 360508, State

10 Historical Grants, to be used in each fiscal year for The
11 Cleveland Orchestra.

HC1753
Sub. H.B. 110
L-134-0001-3
1 In line 71054, after "(G)" delete the balance of the line
3 In line 71061, delete (H)
4 In line 71066, delete (I) and insert (H)
5 In line 71069, delete (J) and insert (I)
6 In line 71073, delete (K) and insert (J)
7 In line 71080, delete (L) and insert (K)
8 In line 71084, delete (M) and insert (L)
10 SYNOPSIS
12 Section 337.40
13 Removes an earmark of $3.0 million in each fiscal year in

14 GRF line item 336421, Continuum of Care Services, for ADAMHS
15 boards to enhance suicide prevention, crisis response, and
16 treatment and recovery services and to provide personalized care
17 to children and adults struggling with mental health issues and
18 emotional stressors.

HC1756
Sub. H.B. 110
L-134-0001-3
1 In line 31176, after "agency," insert ";
2 (h) A federally qualified health center or federally
3 qualified health center look-alike, as those terms are defined
4 in section 3701.047 of the Revised Code"
6 SYNOPSIS
7 Spending requirements for disadvantaged pupil impact aid
8 R.C. 3317.25
9 Provides that a federally qualified health center or a

10 federally qualified health center look-alike may be one of the
11 two community partners that a school district, community school,
12 or STEM school must coordinate with for developing a plan for
13 utilizing its disadvantaged pupil impact aid. (The substitute
14 bill requires districts and schools to develop a plan for
15 utilizing disadvantaged pupil impact aid in coordination with
16 (1) a board of alcohol, drug, and mental health services and
17 (2) one of a list of additional entities.)

HC1781
Sub. H.B. 110

L-134-0001-3
In line 78 of the title, after "5101.1415," insert 1

"5101.341," 2
"Sec. 5101.341. (A) The Ohio commission on fatherhood 5

annually shall elect a chairperson from among its members in every 6
odd-numbered year. 7
(B) The governor shall appoint an individual to serve as the 8

commission's executive director. The executive director shall 9
serve at the pleasure of the governor and shall report to the 10
director of job and family services or the director's designee. 11
The governor shall fix the executive director's salary on the 12

basis of the executive director's experience and the executive 13
director's responsibilities and duties. The executive director 14
shall be in the unclassified civil service. 15
The department of job and family services shall provide staff 16

and other support services as necessary for the commission to 17
fulfill its duties. 18
(C) The commission may accept gifts, grants, donations, 19

contributions, benefits, and other funds from any public agency or 20
134HB110-HC1781/JF
HC1781 Page 2
21
private source to carry out any or all of the commission's duties.
22
The funds shall be deposited into the Ohio commission on
23
fatherhood fund, which is hereby created in the state treasury.
24
All gifts, grants, donations, contributions, benefits, and other
25
funds received by the commission pursuant to this division shall
26
be used solely to support the operations of the commission."
SYNOPSIS
Ohio Commission on Fatherhood - chairperson 28
R.C. 5101.341 29
Modifies the appointment of the chairperson of the Ohio 30

Commission on Fatherhood to be every two years, instead of every 31
year, with appointment being in odd-numbered years (the same as 32
the biennial cycle of the Ohio General Assembly). 33
134HB110-HC1781/JF
HC1788X1
Sub. H.B. 110
L-134-0001-3
1 In line 158 of the title, after the first comma insert
2 "Sections 4, 5, 6, and 7 of S.B. 310 of the 133rd General
3 Assembly,"
4 In line 160 of the title, delete "Sections 4, 5, 6, and 7
5 of S.B. 310 of"
6 In line 161 of the title, delete "the 133rd General
7 Assembly,"
8 In line 227, after "3328.24," insert "3328.32, 3328.34,"
9 In line 42411, delete the quotation mark
10 In line 42629, delete the quotation mark
12 In line 60808, delete "133.15," and insert "133.13,"
13 In line 60845, delete "3741,14," and insert "3741.14,"
14 In line 60960, delete the first "3711.30," and insert
15 "3711.10,"
17 In line 75009, delete "SEMIQUICENTENNIAL" and insert
18 "SEMIQUINCENTENNIAL"

HC1788X1
21 SYNOPSIS
22 LSC Technical Amendment
23 R.C. 3929.87; Section 820.10
24 Corrects placement and typographical errors of section

25 numbers in the title and in amending and repeal clauses; removes
26 one instance of a Revised Code section that appears twice in the
27 bill; removes two harmonization statements for two Revised Code
28 sections which are no longer in the bill; and corrects other
29 typographical errors.

HC1789
Sub. H.B. 110
L-134-0001-3
1 In line 5830, strike through "board" and insert
2 "department"
3 In line 5831, strike through "regents" and insert "higher
4 education"
5 In line 5889, strike through "board" and insert
6 "department"; strike through "regents" and insert "higher
7 education"
8 In line 37362, delete everything after "All"
9 In line 37363, delete ", including interest,"
10 In line 59688, after the second underlined comma insert
11 "5747.065,"
12 In line 59696, after the second underlined comma insert
13 "5747.065,"
14 In line 64135, after "Aging" insert a comma
15 In line 70075, after "the" insert "Department of"
16 In line 70076, delete "Services Agency"
17 In line 70077, delete "Services"
18 In line 70080, after "the" insert "Department of"
19 In line 70081, delete "Services Agency"

HC1789
20 In line 70082, delete "Services"
21 In line 71221, delete the comma
23 SYNOPSIS
24 LSC Corrective Amendment
25 R.C. 122.76, 122.77; Section 319.10
26 Corrects references to the Department of Higher Education

27 and the Department of Development.
28 R.C. 3721.081
29 Regarding an Executive provision that authorizes the

30 Director of Health to issue orders, take corrective action, and
31 impose fines without providing a nursing home, residential care
32 facility, or other home with notice and an opportunity for a
33 hearing, removes a reference to depositing interest and
34 reimbursements into the General Operations Fund as interest is
35 no longer collected and reimbursements are no longer required
36 under changes made by the House.
37 R.C. 5747.08
38 Clarifies that state income taxes withheld from

39 unemployment compensation may be deducted as a credit on a
40 taxpayer’s annual return. (The current bill clarifies this for
41 other withholdings, e.g., from employee wages, casino revenue,
42 and retirement income.)
43 Sections 209.20 and 337.60
44 Corrects engrossing errors.

HC1807
Sub. H.B. 110
L-134-0001-3
3 SYNOPSIS
4 Pilot program for dropout recovery e-schools – report

5 deadline
6 Section 5 of H.B. 123 of the 133rd General Assembly (amended

7 in Section 610.04)
8 Changes the deadline for the Department of Education's

9 report on the pilot program for dropout recovery e-schools to
10 December 31, 2022 (from December 31, 2023, as under the
11 substitute bill).
12 (This pilot program was created under H.B. 123 of the 133rd
13 General Assembly, and that bill required the report to be
14 submitted by December 31, 2021.)

HC1819
Sub. H.B. 110
L-134-0001-3
2 "3307.091,"
5 "Sec. 3307.091. (A) Notwithstanding division (C) of section
6 121.22 of the Revised Code, the state teachers retirement board
7 may adopt a policy that allows a board member to attend a
8 meeting of the board by means of teleconference or video
9 conference. The board shall include in the policy, if adopted,
10 both of the following:
11 (1) The number of regular meetings at which each board
12 member shall be present in person, provided that number is not
13 less than one-half of the regular meetings of the board
14 annually;
15 (2) All of the following requirements with respect to a
16 meeting in which a member attends by means of teleconference or
17 video conference:

HC1819
18 (a) That at least one-third of the board members attending
19 the meeting shall be present in person at the physical location
20 where the meeting is conducted;
21 (b) That all votes taken at the meeting shall be taken by
22 roll call vote;
23 (c) That a board member who intends to attend a meeting by
24 means of teleconference or video conference shall notify the
25 chairperson of that intent not less than forty-eight hours
26 before the meeting, except in the case of an emergency as
27 defined in the policy.
28 (B) Notwithstanding division (C) of section 121.22 of the
29 Revised Code, a board member who attends a meeting by means of
30 teleconference or video conference is considered present in
31 person at the meeting, may vote at the meeting, and is counted
32 for purposes of determining whether a quorum is present at the
33 meeting.
34 (C) At any meeting in which a board member attends by means
35 of teleconference or video conference, the board shall ensure
36 that the public can hear and, if the means of attendance
37 technologically permits it, to observe, the discussions and
38 deliberations of all the members of the board, whether the
39 member is participating in person or electronically.
40 (D) Except as provided in this section, no person shall do
41 any of the following:

HC1819
42 (1) Limit the number of board members who may attend a
43 meeting by means of teleconference or video conference;
44 (2) Limit the total number of meetings that the board may
45 allow members to attend by means of teleconference or video
46 conference;
47 (3) Limit the number of meetings at which any one board
48 member may attend by means of teleconference or video
49 conference;
50 (4) Impose other limits or obligations on a board member
51 because the board member attends a meeting by means of
52 teleconference or video conference."
54 SYNOPSIS
55 State Teachers Retirement Board meetings
56 R.C. 3307.091
57 Authorizes the State Teachers Retirement Board to adopt a

58 policy that allows Board members to attend Board meetings by
59 means of teleconference or video conference.
60 Requires, if the Board adopts the policy, that the Board

61 require in the policy that at least one-third of the Board
62 members must be present in person where the meeting is being
63 held for other members to attend via teleconference or video
64 conference.

HC1827
Sub. H.B. 110
L-134-0001-3
3 In line 236, delete "3770.03,"
4 In line 237, delete "3770.08,"
7 In line 60847, delete "3770.03,"
8 In line 60848, delete "3770.08,"
10 SYNOPSIS
11 Paying for lottery tickets with credit cards
12 R.C. 3770.03 and 3770.08
13 Removes a provision that would have prohibited lottery

14 sales agents from accepting a credit card, and anyone else from
15 recklessly accepting a credit card, for the purchase of lottery
16 tickets, which are not from video lottery terminals.

HC1835
Sub. H.B. 110
L-134-0001-3
1 In line 56707, strike through "all of"
2 In line 56718, strike through "The" and insert "Unless
3 otherwise provided by division (E)(3) of this section, the"
5 "(3) The requirement prescribed by division (E)(1)(c) of
6 this section shall be waived if the qualifying real property is
7 used in the manner described in division (E)(2)(b) of this
8 section and at least seventy-five per cent of the individuals
9 who lease the property for use as housing were eligible, at any
10 time during the tax year, to receive "home and community-based
11 services" as defined in section 5123.01 of the Revised Code."
12 In line 76584, after "803.30." insert "(A)"; after "of"
13 insert "division (E) of section 5709.121 of the Revised Code
14 applies to tax year 2021 and every tax year thereafter.
15 (B) The enactment by this act of division (F) of"
16 In line 76590, delete "amendment" and insert "enactment"

HC1835
18 SYNOPSIS
19 Disability housing property tax exemption
20 R.C. 5709.121(E); Section 803.30
21 Modifies the eligibility criteria for an existing tax

22 exemption for property used to provide housing to persons with
23 developmental disabilities. Under current law, the charitable
24 organization that owns the property must receive funding from
25 one or more county boards of developmental disabilities. The
26 amendment waives this requirement if at least 75% of the persons
27 who lease the property for housing are eligible for certain
28 Medicaid-funded services administered by the Department of
29 Developmental Disabilities.

HC1839X1
Sub. H.B. 110
L-134-0001-3
1 Delete lines 20220 through 20226 and insert:
2 "(b) Beginning with students who enter the ninth grade for
3 the first time on or after the first day of July immediately
4 following the effective date of this amendment, the parent or
5 guardian of a student may elect not to have a nationally
6 standardized assessment administered to that student. In that
7 event, the student's school district or school shall not
8 administer the nationally standardized assessment to that
9 student."
11 SYNOPSIS
12 Parental opt-out for nationally standardized assessments
13 R.C. 3301.0712
14 Revises the substitute bill’s provision regarding the

15 administration of the nationally standardized college and career
16 ready assessments (ACT or SAT) by:
17 (1) Permitting the parent or guardian of a student who

18 enters 9th grade for the first time on or after the next July 1
19 after the bill's effective date to elect not to have that
20 assessment administered to the student; and
21 (2) In that event, prohibiting a school district or school

22 from administering that assessment to that student.
HC1868
Sub. H.B. 110

L-134-0001-3
"Sec. 163.62. (A) The court having jurisdiction of a 4

proceeding instituted by a state agency to acquire real property 5
by condemnation shall award the owner of any right, or title to, 6
or interest in, such real property such sum as will in the opinion 7
of the court reimburse such owner for the owner's reasonable 8
costs, disbursements, and expenses, including reasonable attorney, 9
appraisal, and engineering fees actually incurred because of the 10
condemnation proceeding, as provided in division (G) of section 11
163.09 or division (A) or (C) of section 163.21 of the Revised 12
Code, as applicable. 13
(B) The court having jurisdiction of an inverse condemnation 14

proceeding shall award the owner of any right, or title to, or 15
interest in, such real property such sum as will in the opinion of 16
the court reimburse such owner for the owner's reasonable costs, 17
disbursements, and expenses, including reasonable attorney, 18
appraisal, and engineering fees actually incurred because of the 19
inverse condemnation proceeding, if the court renders a judgment 20
134HB110-HC1868/RYT
HC1868 Page 2
in favor of the owner or the agency effects a settlement of the 21

proceeding. As used in this division, "court" means the court of 22
common pleas, the court of appeals, or the supreme court. 23
(C) Any award made pursuant to division (A) or (B) of this 24

section shall be paid by the head of the agency for whose benefit 25
the condemnation proceeding was instituted." 26
"Section 701.___. (A) The General Assembly finds that the 29

amendment to section 163.62 of the Revised Code by this act is 30
remedial in nature in order to ensure that Ohio is in compliance 31
with the "Uniform Relocation Assistance and Real Property 32
Acquisitions Policies for Federal and Federally Assisted Programs 33
Act," 42 U.S.C. 4601, et seq., and its implementing regulations, 34
49 C.F.R. 24.1, et seq. Therefore, the General Assembly hereby 35
declares its purpose in amending section 163.62 of the Revised 36
Code is that the amendment apply to any judgment in favor of the 37
owner in an inverse condemnation proceeding or settlement 38
effectuated by the agency in such a proceeding that occurred on or 39
after January 1, 2019. 40
(B) The amendment to section 163.62 of the Revised Code by 41

this act is in response to the Supreme Court's opinion in State ex 42
rel. New Wen, Inc. v. Marchbanks, Slip Opinion No. 2020-Ohio-4865. 43
There, the Supreme Court declared ineffective a provision in the 44
Administrative Code that authorized certain litigation expenses, 45
including reasonable attorney fees, to owners of real property who 46
prevailed in inverse condemnation proceedings. In a concurring 47
opinion, Justice Fischer, as joined by Justice DeWine, wrote 48
"separately to point out that the General Assembly should examine 49
the issue whether a property owner in Ohio who is forced to file a 50
134HB110-HC1868/RYT
HC1868 Page 3
lawsuit, in this case for a writ of mandamus, to get a court order 51

when the state has taken that owner's property without filing a 52
proper appropriation case, should or should not be entitled to an 53
award of attorney fees." Id. at ¶17. In amending section 163.62 of 54
the Revised Code, the General Assembly agrees with Justices 55
Fischer and DeWine that Ohioans "who have had property improperly 56
taken by any government—and who must go to court to correct that 57
problem caused by the government—should be entitled to their 58
attorney fees, which they incurred to uphold their 59
constitutionally protected property rights." Id." 60
SYNOPSIS
Attorney fees and costs in inverse condemnation proceedings 61
R.C. 163.62 and Section 701.__ 62
Requires courts in inverse condemnation proceedings to award 63

amounts sufficient to reimburse a property owner for reasonable 64
expenses in the proceeding if the property owner is successful in 65
the proceeding or reaches a settlement. 66
134HB110-HC1868/RYT
HC1893
Sub. H.B. 110
L-134-0001-3
DOHCD19
1 In line 68651, delete "$6,522,054" and insert "$4,522,054"
2 In line 68661, subtract $2,000,000 from fiscal year 2022
6 SYNOPSIS
8 Sections 291.10 and 291.20
9 Decreases GRF appropriation item 440483, Infectious Disease

10 Prevention and Control, by $2.0 million in FY 2022. Removes a
11 provision that requires up to $2.0 million in FY 2022 in the
12 same line item to be used, in consultation with Ohio's state
13 agencies, boards, and commissions, for the purpose of addressing
14 social determinants of health and improving health equity for
15 all Ohioans.

HC1931
Sub. H.B. 110

L-134-0001-3
"Sec. 5739.021. (A) For the purpose of providing additional 4

general revenues for the county, supporting criminal and 5
administrative justice services in the county, funding a regional 6
transportation improvement project under section 5595.06 of the 7
Revised Code, or any combination of the foregoing, and to pay the 8
expenses of administering such levy, any county may levy a tax at 9
the rate of not more than one per cent upon every retail sale made 10
in the county, except sales of watercraft and outboard motors 11
required to be titled pursuant to Chapter 1548. of the Revised 12
Code and sales of motor vehicles, and may increase the rate of an 13
existing tax to not more than one per cent. The rate of any tax 14
levied pursuant to this section shall be a multiple of 15
one-twentieth of one per cent. The rate levied under this section 16
in any county other than a county that adopted a charter under 17
Article X, Section 3, Ohio Constitution, may exceed one per cent, 18
but may not exceed one and one-half per cent minus the amount by 19
which the rate levied under section 5739.023 of the Revised Code 20
by the county transit authority exceeds one per cent. 21
134HB110-HC1931/NW
HC1931 Page 2
The tax shall be levied and the rate increased pursuant to a 22

resolution of the board of county commissioners. The resolution 23
shall state the purpose for which the tax is to be levied and the 24
number of years for which the tax is to be levied, or that it is 25
for a continuing period of time. If the tax is to be levied for 26
the purpose of providing additional general revenues and for the 27
purpose of supporting criminal and administrative justice 28
services, the resolution shall state the rate or amount of the tax 29
to be apportioned to each such purpose. The rate or amount may be 30
different for each year the tax is to be levied, but the rates or 31
amounts actually apportioned each year shall not be different from 32
that stated in the resolution for that year. Any amount by which 33
the rate of the tax exceeds one per cent shall be apportioned 34
exclusively for the construction, operation, acquisition, 35
equipping, or repair of a detention facility in the county. 36
If the resolution is adopted as an emergency measure 37

necessary for the immediate preservation of the public peace, 38
health, or safety, it must receive an affirmative vote of all of 39
the members of the board of county commissioners and shall state 40
the reasons for such necessity. The board shall deliver a 41
certified copy of the resolution to the tax commissioner, not 42
later than the sixty-fifth day prior to the date on which the tax 43
is to become effective, which shall be the first day of the 44
calendar quarter. A resolution proposing to levy a tax at a rate 45
that would cause the rate levied under this section to exceed one 46
per cent may not be adopted as an emergency measure. 47
Prior to the adoption of any resolution under this section, 48

the board of county commissioners shall conduct two public 49
hearings on the resolution, the second hearing to be not less than 50
three nor more than ten days after the first. Notice of the date, 51
time, and place of the hearings shall be given by publication in a 52
134HB110-HC1931/NW
HC1931 Page 3
53
newspaper of general circulation in the county, or as provided in
54
section 7.16 of the Revised Code, once a week on the same day of
55
the week for two consecutive weeks, the second publication being
56
not less than ten nor more than thirty days prior to the first
57
hearing.
Except as provided in division (B)(1) or (3) of this section, 58

the resolution shall be subject to a referendum as provided in 59
If a petition for a referendum is filed, the county auditor 61

with whom the petition was filed shall, within five days, notify 62
the board of county commissioners and the tax commissioner of the 63
filing of the petition by certified mail. If the board of 64
elections with which the petition was filed declares the petition 65
invalid, the board of elections, within five days, shall notify 66
the board of county commissioners and the tax commissioner of that 67
declaration by certified mail. If the petition is declared to be 68
invalid, the effective date of the tax or increased rate of tax 69
levied by this section shall be the first day of a calendar 70
quarter following the expiration of sixty-five days from the date 71
the commissioner receives notice from the board of elections that 72
the petition is invalid. 73
(B)(1) A resolution that is not adopted as an emergency 74

measure may direct the board of elections to submit the question 75
of levying the tax or increasing the rate of tax to the electors 76
of the county at a special election held on the date specified by 77
the board of county commissioners in the resolution, provided that 78
the election occurs not less than ninety days after a certified 79
copy of such resolution is transmitted to the board of elections 80
and the election is not held in August of any year. A resolution 81
proposing to levy a tax at a rate that would cause the rate levied 82
134HB110-HC1931/NW
HC1931 Page 4
83
under this section to exceed one per cent may not go into effect
84
unless the question is submitted to electors under this division.
85
Upon transmission of the resolution to the board of elections, the
86
board of county commissioners shall notify the tax commissioner in
87
writing of the levy question to be submitted to the electors. No
88
resolution adopted under this division shall go into effect unless
89
approved by a majority of those voting upon it, and, except as
90
provided in division (B)(3) of this section, shall become
91
effective on the first day of a calendar quarter following the
92
expiration of sixty-five days from the date the tax commissioner
93
receives notice from the board of elections of the affirmative
94
vote.
(2) A resolution that is adopted as an emergency measure 95

shall go into effect as provided in division (A) of this section, 96
but may direct the board of elections to submit the question of 97
repealing the tax or increase in the rate of the tax to the 98
electors of the county at the next general election in the county 99
occurring not less than ninety days after a certified copy of the 100
resolution is transmitted to the board of elections. Upon 101
transmission of the resolution to the board of elections, the 102
board of county commissioners shall notify the tax commissioner in 103
writing of the levy question to be submitted to the electors. The 104
ballot question shall be the same as that prescribed in section 105
5739.022 of the Revised Code. The board of elections shall notify 106
the board of county commissioners and the tax commissioner of the 107
result of the election immediately after the result has been 108
declared. If a majority of the qualified electors voting on the 109
question of repealing the tax or increase in the rate of the tax 110
vote for repeal of the tax or repeal of the increase, the board of 111
county commissioners, on the first day of a calendar quarter 112
following the expiration of sixty-five days after the date the 113
134HB110-HC1931/NW
HC1931 Page 5
114
board and tax commissioner receive notice of the result of the
115
election, shall, in the case of a repeal of the tax, cease to levy
116
the tax, or, in the case of a repeal of an increase in the rate of
117
the tax, cease to levy the increased rate and levy the tax at the
118
rate at which it was imposed immediately prior to the increase in
119
rate.
(3) If a vendor makes a sale in this state by printed catalog 120

and the consumer computed the tax on the sale based on local rates 121
published in the catalog, any tax levied or repealed or rate 122
changed under this section shall not apply to such a sale until 123
the first day of a calendar quarter following the expiration of 124
one hundred twenty days from the date of notice by the tax 125
commissioner pursuant to division (H) of this section. 126
(C) If a resolution is rejected at a referendum or if a 127

resolution adopted after January 1, 1982, as an emergency measure 128
is repealed by the electors pursuant to division (B)(2) of this 129
section or section 5739.022 of the Revised Code, then for one year 130
after the date of the election at which the resolution was 131
rejected or repealed the board of county commissioners may not 132
adopt any resolution authorized by this section as an emergency 133
measure. 134
(D) The board of county commissioners, at any time while a 135

tax levied under this section is in effect, may by resolution 136
reduce the rate at which the tax is levied to a lower rate 137
authorized by this section. Any reduction in the rate at which the 138
tax is levied shall be made effective on the first day of a 139
calendar quarter next following the sixty-fifth day after a 140
certified copy of the resolution is delivered to the tax 141
commissioner. 142
(E) The tax on every retail sale subject to a tax levied 143
134HB110-HC1931/NW
HC1931 Page 6
144
pursuant to this section shall be in addition to the tax levied by
145
section 5739.02 of the Revised Code and any tax levied pursuant to
146
section 5739.023 or 5739.026 of the Revised Code.
A county that levies a tax pursuant to this section shall 147

levy a tax at the same rate pursuant to section 5741.021 of the 148
Revised Code. 149
The additional tax levied by the county shall be collected 150

pursuant to section 5739.025 of the Revised Code. If the 151
additional tax or some portion thereof is levied for the purpose 152
of criminal and administrative justice services or specifically 153
for the purpose of constructing, operating, acquiring, equipping, 154
or repairing a detention facility, the revenue from the tax, or 155
the amount or rate apportioned to that purpose, shall be credited 156
to one or more special funds created in the county treasury for 157
receipt of that revenue. 158
Any tax levied pursuant to this section is subject to the 159

exemptions provided in section 5739.02 of the Revised Code and in 160
addition shall not be applicable to sales not within the taxing 161
power of a county under the Constitution of the United States or 162
the Ohio Constitution. 163
(F) For purposes of this section, a copy of a resolution is 164

"certified" when it contains a written statement attesting that 165
the copy is a true and exact reproduction of the original 166
resolution. 167
(G) If a board of commissioners intends to adopt a resolution 168

to levy a tax in whole or in part for the purpose of criminal and 169
administrative justice services, the board shall prepare and make 170
available at the first public hearing at which the resolution is 171
considered a statement containing the following information: 172
134HB110-HC1931/NW
HC1931 Page 7
(1) For each of the two preceding fiscal years, the amount of 173
expenditures made by the county from the county general fund for 174
the purpose of criminal and administrative justice services; 175
(2) For the fiscal year in which the resolution is adopted, 176
the board's estimate of the amount of expenditures to be made by 177
the county from the county general fund for the purpose of 178
criminal and administrative justice services; 179
(3) For each of the two fiscal years after the fiscal year in 180
which the resolution is adopted, the board's preliminary plan for 181
expenditures to be made from the county general fund for the 182
purpose of criminal and administrative justice services, both 183
under the assumption that the tax will be imposed for that purpose 184
and under the assumption that the tax would not be imposed for 185
that purpose, and for expenditures to be made from the special 186
fund created under division (E) of this section under the 187
assumption that the tax will be imposed for that purpose. 188
The board shall prepare the statement and the preliminary 189
plan using the best information available to the board at the time 190
the statement is prepared. Neither the statement nor the 191
preliminary plan shall be used as a basis to challenge the 192
validity of the tax in any court of competent jurisdiction, nor 193
shall the statement or preliminary plan limit the authority of the 194
board to appropriate, pursuant to section 5705.38 of the Revised 195
Code, an amount different from that specified in the preliminary 196
plan. 197
(H) Upon receipt from a board of county commissioners of a 198

certified copy of a resolution required by division (A) or (D) of 199
this section, or from the board of elections of a notice of the 200
results of an election required by division (A) or (B)(1) or (2) 201
of this section, the tax commissioner shall provide notice of a 202
134HB110-HC1931/NW
HC1931 Page 8
203
tax rate change in a manner that is reasonably accessible to all
204
affected vendors. The commissioner shall provide this notice at
205
least sixty days prior to the effective date of the rate change.
206
The commissioner, by rule, may establish the method by which
207
notice will be provided.
(I) As used in this section: 208
(1) "Criminal and administrative justice services" means the 209

exercise by the county sheriff of all powers and duties vested in 210
that office by law; the exercise by the county prosecuting 211
attorney of all powers and duties vested in that office by law; 212
the exercise by any court in the county of all powers and duties 213
vested in that court; the exercise by the clerk of the court of 214
common pleas, any clerk of a municipal court having jurisdiction 215
throughout the county, or the clerk of any county court of all 216
powers and duties vested in the clerk by law except, in the case 217
of the clerk of the court of common pleas, the titling of motor 218
vehicles or watercraft pursuant to Chapter 1548. or 4505. of the 219
Revised Code; the exercise by the county coroner of all powers and 220
duties vested in that office by law; making payments to any other 221
public agency or a private, nonprofit agency, the purposes of 222
which in the county include the diversion, adjudication, 223
detention, or rehabilitation of criminals or juvenile offenders; 224
the operation and maintenance of any detention facility; and the 225
construction, acquisition, equipping, or repair of such a 226
detention facility. 227
(2) "Detention facility" has the same meaning as in section 228

(3) "Construction, operation, acquisition, equipping, or 230

repair" of a detention facility includes the payment of any debt 231
charges incurred in the issuance of securities pursuant to Chapter 232
134HB110-HC1931/NW
HC1931 Page 9
133. of the Revised Code for the purpose of constructing, 233

acquiring, equipping, or repairing such a facility." 234
SYNOPSIS
County sales tax: Detention facility operations 236
R.C. 5739.021 237
Authorizes county sales taxes levied to fund the 238

construction, acquisition, equipping, or repair of a detention 239
facility to additionally be used to fund the facility's 240
operations. Continuing law authorizes counties, under certain 241
circumstances, to levy up to a 0.5% sales tax for this purpose. 242
134HB110-HC1931/NW
HC1939
Sub. H.B. 110

L-134-0001-3
LCOCD1
"Section 701.__. (A) As used in this section: 2
(1) "Board of health" means a city board of health or a 3

general health district, or an authority having the duties of a 4
city board of health as authorized by section 3709.05 of the 5
Revised Code. 6
(2) "Business" means a corporation, association, partnership, 7

limited liability company, sole proprietorship, joint venture, or 8
other business entity composed of one or more individuals, whether 9
or not the entity is operated for profit. 10
(3) "Order" means any of the following: 11
(a) An executive order addressing COVID-19 or any other order 12

related to such an executive order; 13
(b) A state or local order or rule issued under Chapter 3701. 14

of the Revised Code related to COVID-19; 15
(c) A rule promulgated under division (G) of section 119.03 16

of the Revised Code related to COVID-19, including emergency rule 17
4301:1-1-13 and emergency rule 4301:1-1-80 of the Administrative 18
Code; 19
134HB110-HC1939/AY
HC1939 Page 2
(d) Any other rule, order, or directive issued by a state 20

agency or a board of health imposing restrictions related to 21
COVID-19 on a business. 22
(4) "State agency" means the offices of all elected state 23

officers, and all departments, boards, offices, commissions, 24
agencies, institutions, and other instrumentalities of the state 25
of Ohio. 26
(B) Any violation or any sanction imposed in response to any 27

violation of an order by a business that occurred between March 28
14, 2020, and the effective date of this section is hereby 29
vacated, including violations adjudicated by the Liquor Control 30
Commission under rule 4301:1-1-13, rule 4301:1-1-80, and, insofar 31
as the violation relates to COVID-19, rule 4301:1-1-52(B)(1) of 32
the Administrative Code. 33
(C) Not later than thirty days after the effective date of 34
this section, all of the following shall occur: 35
(1) A state agency or board of health, as applicable, shall 36

expunge any record of a violation that is vacated under division 37
(B) of this section. 38
(2) The Division of Liquor Control within the Department of 39

Commerce and the Department of Public Safety shall expunge any 40
record of a violation of rule 4301:1-1-13 and rule 4301:1-1-80, 41
and, insofar as the violation relates to COVID-19, rule 42
4301:1-1-52(B)(1) of the Administrative Code, that occurred 43
between March 14, 2020, and the effective date of this section. 44
The Liquor Control Commission shall notify any business that was 45
convicted of a penalty under rule 4301:1-1-13 or rule 4301:1-1-80, 46
or of a penalty related to COVID-19 under rule 4301:1-1-52(B)(1) 47
of the Administrative Code, that the conviction is expunged. 48
134HB110-HC1939/AY
HC1939 Page 3
(3) A state agency or board of health shall treat any finding 49

of a violation vacated and expunged under this section as a 50
nullity and take the steps within its power, forthwith, to restore 51
any rights or privileges lost as a result of a finding of a 52
violation. These steps shall include but shall not be limited to 53
reinstatement of a revoked license and other right or privilege to 54
do business. 55
(D) Not later than thirty days after the effective date of 56
this section, all of the following shall occur: 57
(1)(a) Except as provided in division (D)(1)(b) of this 58

section, the Director of Budget and Management, in consultation 59
with state agencies, shall determine the amount of money collected 60
by a state agency in civil or administrative penalties for each 61
violation of an order by each business that occurred between March 62
14, 2020, and the effective date of this section. After that 63
determination, the Director shall refund to each business the 64
amount of penalties paid by each such business. The total amount 65
of these refunds is hereby appropriated. If the business no longer 66
exists, the Director shall make a reasonable effort to locate, and 67
issue the refund to, the owner of the business. 68
(b) A financial penalty that was paid by a business for a 69

conviction under rule 4301:1-1-13 or rule 4301:1-1-80, or for a 70
COVID-19 related conviction under rule 4301:1-1-52(B)(1) of the 71
Administrative Code, shall be refunded under division (D)(1)(a) of 72
this section, unless another conviction was assessed at the time 73
of the adjudication for a violation not related to rule 74
4301:1-1-13 or rule 4301:1-1-80, or not related to a COVID-19 75
enforcement of rule 4301:1-1-52(B)(1) of the Administrative Code. 76
(2) A board of health shall determine the amount of money 77

collected by the board of health in civil or administrative 78
134HB110-HC1939/AY
HC1939 Page 4
79
penalties for each violation of an order by each business that
80
occurred between March 14, 2020, and the effective date of this
81
section. After that determination, the board of health shall
82
refund to each business the amount of penalties paid by each such
83
business. If the business no longer exists, the board of health
84
shall make a reasonable effort to locate, and issue the refund to,
85
the owner of the business.
(E) Not later than thirty days after the actions required 86
under divisions (C) and (D) of this section are complete, the 87
Liquor Control Commission shall issue a report to the House of 88
Representatives and the Senate that all violations of rule 89
4301:1-1-13 and rule 4301:1-1-80, and all COVID-19-related 90
violations of rule 4301:1-1-52(B)(1) of the Administrative Code, 91
have been expunged and that fine money related to those violations 92
was refunded. 93
(F) If a state agency or board of health has initiated, but 94

has not completed, disciplinary action against a business for 95
violation of an order that occurred between March 14, 2020, and 96
the effective date of this section, the state agency or board of 97
health shall cease taking such action regarding the order. 98
(G) This section shall not be construed as prohibiting a 99

state agency or board of health from enforcing restrictions, 100
requirements, or other matters not satisfying the definition of 101
"order" in division (A) of this section. 102
(H) Notwithstanding other jurisdictional or venue 103

limitations, any business may bring an action in the court of 104
common pleas in a county where the business is located to enforce 105
the rights, privileges, and obligations identified in this 106
section." 107
Delete lines 76400 to 76439 108
134HB110-HC1939/AY
HC1939 Page 5
In line 76681, delete "743.10" and insert "701._____" 109
SYNOPSIS
Refund COVID-related fines 110
Section 701._____; Section 743.10 (replaced) 111
Replaces a provision, added by the House substitute bill, 112

that expunges COVID-related violations and refunds COVID-related 113
fines to retail liquor permit holders, with a provision that 114
applies more broadly to all businesses. Notably: 115
-This amendment does not apply to future violations, whereas 116

the provision in the substitute bill prohibits disciplinary 117
actions against retail liquor permit holders that violate 118
COVID-related orders after the bill's effective date and before 119
October 1, 2021. 120
-Under this amendment, if a business no longer exists, the 121

Director of Budget and Management or a board of health must make a 122
reasonable effort to locate, and issue the refund to, the owner of 123
the business. 124
134HB110-HC1939/AY
HC1944
Sub. H.B. 110

L-134-0001-3

5727.81," 2
"Sec. 5727.80. As used in sections 5727.80 to 5727.95 of the 5

Revised Code: 6
(A) "Electric distribution company" means either of the 7

following: 8
(1) A person who distributes electricity through a meter of 9

an end user in this state or to an unmetered location in this 10
state; 11
(2) The end user of electricity in this state, if the end 12

user obtains electricity that is not distributed or transmitted to 13
the end user by an electric distribution company that is required 14
to remit the tax imposed by section 5727.81 of the Revised Code. 15
"Electric distribution company" does not include an end user 16

of electricity in this state who self-generates electricity that 17
is used directly by that end user on the same site that the 18
electricity is generated or a person that donates all of the 19
electricity the person generates to a political subdivision of the 20
134HB110-HC1944/AY
HC1944 Page 2
state. Division (A)(2) of this section shall not apply to a 21

political subdivision in this state that is the end user of 22
electricity that is donated to the political subdivision. 23
(B) "Kilowatt hour" means one thousand watt hours of 24

electricity. 25
(C) For an electric distribution company, "meter of an end 26

user in this state" means the last meter used to measure the 27
kilowatt hours distributed by an electric distribution company to 28
a location in this state, or the last meter located outside of 29
this state that is used to measure the kilowatt hours consumed at 30
a location in this state. 31
(D) "Person" has the same meaning as in section 5701.01 of 32

the Revised Code, but also includes a political subdivision of the 33
state. 34
(E) "Municipal electric utility" means a municipal 35

corporation that owns or operates a system for the distribution of 36
electricity. 37
(F) "Qualified end user" means an end user of electricity 38

that satisfies either of the following criteria: 39
(1) The end user uses more than three million kilowatt hours 40
of electricity at one manufacturing location in this state for a 41
calendar day for use in a qualifying manufacturing process. 42
(2) The end user uses electricity at a manufacturing location 43

in this state for use in a chlor-alkali manufacturing process but, 44
if the end user uses electricity distributed by a municipal 45
electric utility, the end user can only be a "qualified end user" 46
upon obtaining the consent of the legislative authority of the 47
municipal corporation that owns or operates the utility. 48
(G) "Qualified regeneration" means a process to convert 49
134HB110-HC1944/AY
HC1944 Page 3
50
electricity to a form of stored energy by means such as using
51
electricity to compress air for storage or to pump water to an
52
elevated storage reservoir, if such stored energy is subsequently
53
used to generate electricity for sale to others primarily during
54
periods when there is peak demand for electricity.
(H) "Qualified regeneration meter" means the last meter used 55

to measure electricity used in a qualified regeneration process. 56
(I) "Qualifying manufacturing process" means an 57

electrochemical manufacturing process or a chlor-alkali 58
manufacturing process. 59
(J) "Self-assessing purchaser" means a purchaser that meets 60

all the requirements of, and pays the excise tax in accordance 61
with, division (C) of section 5727.81 of the Revised Code. 62
(K) "Natural gas distribution company" means a natural gas 63

company or a combined company that is subject to the excise tax 64
imposed by section 5727.24 of the Revised Code and that 65
distributes natural gas through a meter of an end user in this 66
state or to an unmetered location in this state. 67
(L) "MCF" means one thousand cubic feet. 68
(M) For a natural gas distribution company, "meter of an end 69

user in this state" means the last meter used to measure the MCF 70
of natural gas distributed by a natural gas distribution company 71
to a location in this state, or the last meter located outside of 72
this state that is used to measure the natural gas consumed at a 73
location in this state. 74
(N) "Flex customer" means an industrial or a commercial 75

facility that has consumed more than one billion cubic feet of 76
natural gas a year at a single location during any of the previous 77
five years, or an industrial or a commercial end user of natural 78
134HB110-HC1944/AY
HC1944 Page 4
79
gas that purchases natural gas distribution services from a
80
natural gas distribution company at discounted rates or charges
81
established in any of the following:
(1) A special arrangement subject to review and regulation by 82

the public utilities commission under section 4905.31 of the 83
Revised Code; 84
(2) A special arrangement with a natural gas distribution 85

company pursuant to a municipal ordinance; 86
(3) A variable rate schedule that permits rates to vary 87

between defined amounts, provided that the schedule is on file 88
with the public utilities commission. 89
An end user that meets this definition on January 1, 2000, or 90

thereafter is a "flex customer" for purposes of determining the 91
rate of taxation under division (D) of section 5727.811 of the 92
Revised Code. 93
(O) "Electrochemical manufacturing process" means the 94

performance of an electrochemical reaction in which electrons from 95
direct current electricity remain a part of the product being 96
manufactured. "Electrochemical manufacturing process" does not 97
include a chlor-alkali manufacturing process. 98
(P) "Chlor-alkali manufacturing process" means a process that 99

uses electricity to produce chlorine and other chemicals through 100
the electrolysis of a salt solution. 101
Sec. 5727.81. (A) For the purpose of raising revenue to fund 102
the needs of this state and its local governments, an excise tax 103
is hereby levied and imposed on an electric distribution company 104
for all electricity distributed by such company at the following 105
rates per kilowatt hour of electricity distributed in a thirty-day 106
134HB110-HC1944/AY
HC1944 Page 5
period by the company through a meter of an end user in this 107

state: 108
KILOWATT HOURS DISTRIBUTED RATE PER 109
TO AN END USER KILOWATT HOUR 110
For the first 2,000 $.00465 111
For the next 2,001 to 15,000 $.00419 112
For 15,001 and above $.00363 113
If no meter is used to measure the kilowatt hours of 114

electricity distributed by the company, the rates shall apply to 115
the estimated kilowatt hours of electricity distributed to an 116
unmetered location in this state. 117
The electric distribution company shall base the monthly tax 118
on the kilowatt hours of electricity distributed to an end user 119
through the meter of the end user that is not measured for a 120
thirty-day period by dividing the days in the measurement period 121
into the total kilowatt hours measured during the measurement 122
period to obtain a daily average usage. The tax shall be 123
determined by obtaining the sum of divisions (A)(1), (2), and (3) 124
of this section and multiplying that amount by the number of days 125
in the measurement period: 126
(1) Multiplying $0.00465 per kilowatt hour for the first 127
sixty-seven kilowatt hours distributed using a daily average; 128
(2) Multiplying $0.00419 for the next sixty-eight to five 129

hundred kilowatt hours distributed using a daily average; 130
(3) Multiplying $0.00363 for the remaining kilowatt hours 131

distributed using a daily average. 132
Except as provided in division (C) of this section, the 133

electric distribution company shall pay the tax to the tax 134
commissioner in accordance with section 5727.82 of the Revised 135
Code, unless required to remit each tax payment by electronic 136
134HB110-HC1944/AY
HC1944 Page 6
137
funds transfer to the treasurer of state in accordance with
138
section 5727.83 of the Revised Code.
Only the distribution of electricity through a meter of an 139

end user in this state shall be used by the electric distribution 140
company to compute the amount or estimated amount of tax due. In 141
the event a meter is not actually read for a measurement period, 142
the estimated kilowatt hours distributed by an electric 143
distribution company to bill for its distribution charges shall be 144
used. 145
(B) Except as provided in division (C) of this section, each 146

electric distribution company shall pay the tax imposed by this 147
section in all of the following circumstances: 148
(1) The electricity is distributed by the company through a 149

meter of an end user in this state; 150
(2) The company is distributing electricity through a meter 151

located in another state, but the electricity is consumed in this 152
state in the manner prescribed by the tax commissioner; 153
(3) The company is distributing electricity in this state 154

without the use of a meter, but the electricity is consumed in 155
this state as estimated and in the manner prescribed by the tax 156
commissioner. 157
(C)(1) As used in division (C) of this section: 158
(a) "Total price of electricity" means the aggregate value in 159

money of anything paid or transferred, or promised to be paid or 160
transferred, to obtain electricity or electric service, including 161
but not limited to the value paid or promised to be paid for the 162
transmission or distribution of electricity and for transition 163
costs as described in Chapter 4928. of the Revised Code. 164
(b) "Package" means the provision or the acquisition, at a 165
134HB110-HC1944/AY
HC1944 Page 7
166
combined price, of electricity with other services or products, or
167
any combination thereof, such as natural gas or other fuels;
168
energy management products, software, and services; machinery and
169
equipment acquisition; and financing agreements.
(c) "Single location" means a facility located on contiguous 170

property separated only by a roadway, railway, or waterway. 171
(2) Division (C) of this section applies to any commercial or 172

industrial purchaser's receipt of electricity through a meter of 173
an end user in this state or through more than one meter at a 174
single location in this state in a quantity that exceeds 175
forty-five million kilowatt hours of electricity over the course 176
of the preceding calendar year, or any commercial or industrial 177
purchaser that will consume more than forty-five million kilowatt 178
hours of electricity over the course of the succeeding twelve 179
months as estimated by the tax commissioner. The tax commissioner 180
shall make such an estimate upon the written request by an 181
applicant for registration as a self-assessing purchaser under 182
this division. For the meter reading period including July 1, 183
2008, through the meter reading period including December 31, 184
2010, such a purchaser may elect to self-assess the excise tax 185
imposed by this section at the rate of $.00075 per kilowatt hour 186
on the first five hundred four million kilowatt hours distributed 187
to that meter or location during the registration year, and a 188
percentage of the total price of all electricity distributed to 189
that meter or location equal to three and one-half per cent. For 190
the meter reading period including January 1, 2011, and 191
thereafter, such a purchaser may elect to self-assess the excise 192
tax imposed by this section at the rate of $.00257 per kilowatt 193
hour for the first five hundred million kilowatt hours, and 194
$.001832 per kilowatt hour for each kilowatt hour in excess of 195
five hundred million kilowatt hours, distributed to that meter or 196
134HB110-HC1944/AY
HC1944 Page 8
197
location during the registration year.
A qualified end user that receives electricity through a 198

meter of an end user in this state or through more than one meter 199
at a single location in this state and that consumes, over the 200
course of the previous calendar year, more than forty-five million 201
kilowatt hours in other than its qualifying manufacturing process, 202
may elect to self-assess the tax as allowed by this division with 203
respect to the electricity used in other than its qualifying 204
manufacturing process. 205
Payment of the tax shall be made directly to the tax 206

commissioner in accordance with divisions (A)(4) and (5) of 207
section 5727.82 of the Revised Code, or the treasurer of state in 208
accordance with section 5727.83 of the Revised Code. If the 209
electric distribution company serving the self-assessing purchaser 210
is a municipal electric utility and the purchaser is within the 211
municipal corporation's corporate limits, payment shall be made to 212
such municipal corporation's general fund and reports shall be 213
filed in accordance with divisions (A)(4) and (5) of section 214
5727.82 of the Revised Code, except that "municipal corporation" 215
shall be substituted for "treasurer of state" and "tax 216
commissioner." A self-assessing purchaser that pays the excise tax 217
as provided in this division shall not be required to pay the tax 218
to the electric distribution company from which its electricity is 219
distributed. If a self-assessing purchaser's receipt of 220
electricity is not subject to the tax as measured under this 221
division, the tax on the receipt of such electricity shall be 222
measured and paid as provided in division (A) of this section. 223
(3) In the case of the acquisition of a package, unless the 224

elements of the package are separately stated isolating the total 225
price of electricity from the price of the remaining elements of 226
134HB110-HC1944/AY
HC1944 Page 9
227
the package, the tax imposed under this section applies to the
228
entire price of the package. If the elements of the package are
229
separately stated, the tax imposed under this section applies to
230
the total price of the electricity.
(4) Any electric supplier that sells electricity as part of a 231

package shall separately state to the purchaser the total price of 232
the electricity and, upon request by the tax commissioner, the 233
total price of each of the other elements of the package. 234
(5) The tax commissioner may adopt rules relating to the 235
computation of the total price of electricity with respect to 236
self-assessing purchasers, which may include rules to establish 237
the total price of electricity purchased as part of a package. 238
(6) An annual application for registration as a 239

self-assessing purchaser shall be made for each qualifying meter 240
or location on a form prescribed by the tax commissioner. The 241
registration year begins on the first day of May and ends on the 242
following thirtieth day of April. Persons may apply after the 243
first day of May for the remainder of the registration year. In 244
the case of an applicant applying on the basis of an estimated 245
consumption of forty-five million kilowatt hours over the course 246
of the succeeding twelve months, the applicant shall provide such 247
information as the tax commissioner considers to be necessary to 248
estimate such consumption. At the time of making the application 249
and by the first day of May of each year, a self-assessing 250
purchaser shall pay a fee of five hundred dollars to the tax 251
commissioner, or to the treasurer of state as provided in section 252
5727.83 of the Revised Code, for each qualifying meter or 253
location. The tax commissioner shall immediately pay to the 254
treasurer of state all amounts that the tax commissioner receives 255
under this section. The treasurer of state shall deposit such 256
134HB110-HC1944/AY
HC1944 Page 10
257
amounts into the kilowatt hour excise tax administration fund,
258
which is hereby created in the state treasury. Money in the fund
259
shall be used to defray the tax commissioner's cost in
260
administering the tax owed under section 5727.81 of the Revised
261
Code by self-assessing purchasers. After the application is
262
approved by the tax commissioner, the registration shall remain in
263
effect for the current registration year, or until canceled by the
264
registrant upon written notification to the commissioner of the
265
election to pay the tax in accordance with division (A) of this
266
section, or until canceled by the tax commissioner for not paying
267
the tax or fee under division (C) of this section or for not
268
meeting the qualifications in division (C)(2) of this section. The
269
tax commissioner shall give written notice to the electric
270
distribution company from which electricity is delivered to a
271
self-assessing purchaser of the purchaser's self-assessing status,
272
and the electric distribution company is relieved of the
273
obligation to pay the tax imposed by division (A) of this section
274
for electricity distributed to that self-assessing purchaser until
275
it is notified by the tax commissioner that the self-assessing
276
purchaser's registration is canceled. Within fifteen days of
277
notification of the canceled registration, the electric
278
distribution company shall be responsible for payment of the tax
279
imposed by division (A) of this section on electricity distributed
280
to a purchaser that is no longer registered as a self-assessing
281
purchaser. A self-assessing purchaser with a canceled registration
282
must file a report and remit the tax imposed by division (A) of
283
this section on all electricity it receives for any measurement
284
period prior to the tax being reported and paid by the electric
285
distribution company. A self-assessing purchaser whose
286
registration is canceled by the tax commissioner is not eligible
287
to register as a self-assessing purchaser for two years after the
134HB110-HC1944/AY
HC1944 Page 11
288
registration is canceled.
(7) If the tax commissioner cancels the self-assessing 289

registration of a purchaser registered on the basis of its 290
estimated consumption because the purchaser does not consume at 291
least forty-five million kilowatt hours of electricity over the 292
course of the twelve-month period for which the estimate was made, 293
the tax commissioner shall assess and collect from the purchaser 294
the difference between (a) the amount of tax that would have been 295
payable under division (A) of this section on the electricity 296
distributed to the purchaser during that period and (b) the amount 297
of tax paid by the purchaser on such electricity pursuant to 298
division (C)(2) of this section. The assessment shall be paid 299
within sixty days after the tax commissioner issues it, regardless 300
of whether the purchaser files a petition for reassessment under 301
section 5727.89 of the Revised Code covering that period. If the 302
purchaser does not pay the assessment within the time prescribed, 303
the amount assessed is subject to the additional charge and the 304
interest prescribed by divisions (B) and (C) of section 5727.82 of 305
the Revised Code, and is subject to assessment under section 306
5727.89 of the Revised Code. If the purchaser is a qualified end 307
user, division (C)(7) of this section applies only to electricity 308
it consumes in other than its qualifying manufacturing process. 309
(D) The tax imposed by this section does not apply to the: 310
(1) The distribution or obtaining of any kilowatt hours of 311

electricity to the or by any of the following: 312
(a) The federal government, to an; 313
(b) An end user located at a federal facility that uses 314

electricity for the enrichment of uranium, to a; 315
(c) A qualified regeneration meter, or to an; 316
134HB110-HC1944/AY
HC1944 Page 12
(d) An end user for any day the end user is a qualified end 317
user; 318
(e) An end user if the electricity is generated by an 319

electric generation facility that is primarily dedicated to 320
providing electricity to the electric-consuming facilities of the 321
end user, that is sized so as to not exceed one hundred per cent 322
of the customer-generator's annual requirements for electric 323
energy at the time of interconnection, that is physically 324
interconnected and integrated with the electric-consuming 325
facilities of the end user, and that is located on the same 326
property on which the end user's electric-consuming facilities are 327
situated or on property that is contiguous to the property on 328
which the end user's electric-consuming facilities are situated. 329
(2) Kilowatt hours of electricity generated by a 330

self-generator if the electric generating facility is sized so as 331
not to exceed one hundred per cent of the customer-generator's 332
annual requirements for electric energy at the time of 333
interconnection. The 334
The exemption under this division (D)(1)(d) of this section 335

for a qualified end user only applies to the manufacturing 336
location where the qualified end user uses electricity in a 337
chlor-alkali manufacturing process or where the qualified end user 338
uses more than three million kilowatt hours per day in an 339
electrochemical manufacturing process. As used in division (D) of 340
this section, "customer-generator" and "self-generator" have the 341
same meanings as in section 4928.01 of the Revised Code. 342
(E) All revenue arising from the tax imposed by this section 343
shall be credited to the general revenue fund except as provided 344
by division (C) of this section and section 5727.82 of the Revised 345
Code." 346
134HB110-HC1944/AY
HC1944 Page 13
"Section 803.___. The amendment by this act of sections 349

5727.80 and 5727.81 of the Revised Code is intended to clarify the 350
meaning of those sections as they existed prior to the effective 351
date of this section and is not intended to change the meaning in 352
any way." 353
SYNOPSIS
Kilowatt-hour tax exemptions 354
R.C. 5727.80 and 5727.81; Section 803.__ 355
Clarifies language that exempts certain end users that 356

generate their own electricity from the kilowatt-hour tax. 357
Currently, an end user is exempt if it uses self-generated 358
electricity on the same site where the electricity was generated. 359
The amendment specifies that the tax does not apply to an end user 360
that (1) generates its own electricity primarily for its own 361
consumption on the same premises, but that also provides excess 362
electricity to other entities or (2) generates its own electricity 363
primarily for its own consumption at a facility that is located on 364
property that is contiguous to the property on which the 365
electricity is consumed, provided, in either case, the generation 366
facility does not initially exceed the end user's necessary 367
electricity needs. 368
States that the amendment is intended to clarify existing 369

law. 370
134HB110-HC1944/AY
HC1953
Sub. H.B. 110
L-134-0001-3
1 In line 47084, delete "if the"
2 Delete line 47085
3 In line 47086, delete "the written request of the customer"
4 In line 47088, after "listings" insert ", and for a
5 telephone company that no longer offers a printed directory,
6 provision of reasonable customer notice of the available options
7 to obtain directory information"
9 SYNOPSIS
10 BLES requirements
11 R.C. 4927.01
12 Removes the requirement that a basic local exchange service

13 (BLES) provider also provide a hard copy of a telephone
14 directory upon customer request if it provides an internet-
15 accessible database of directory listings.
16 Requires a BLES provider that no longer offers a printed

17 directory to provide reasonable customer notice of available
18 options to obtain directory information.

HC1956X1
Sub. H.B. 110

L-134-0001-3
In line 158 of the title, after the first comma insert 1

"Section 12 of H.B. 197 of the 133rd General Assembly, as 2
subsequently amended," 3
"Section 610.___. That Section 12 of H.B. 197 of the 133rd 5

General Assembly (as amended by H.B. 404 of the 133rd General 6
Assembly) be amended to read as follows: 7
Sec. 12. (A) As used in this section: 8
"Hearing" means an administrative hearing, hearing as defined 9

in section 119.01 of the Revised Code, or other hearing at which a 10
person may present written or oral testimony on a matter before 11
the public body. 12
"Public body" and "meeting" have the meanings defined in 13

(B) Members of a public body may hold and attend meetings and 15
may conduct and attend hearings by means of teleconference, video 16
conference, or any other similar electronic technology and all of 17
the following apply: 18
(1) Any resolution, rule, or formal action of any kind shall 19
134HB110-HC1956X1/JF
HC1956X1 Page 2
20
have the same effect as if it had occurred during an open meeting
21
or hearing of the public body.
(2) Notwithstanding division (C) of section 121.22 of the 22

Revised Code, members of a public body who attend meetings or 23
hearings by means of teleconference, video conference, or any 24
other similar electronic technology, shall be considered present 25
as if in person at the meeting or hearing, shall be permitted to 26
vote, and shall be counted for purposes of determining whether a 27
quorum is present at the meeting or hearing. 28
(3) Public bodies shall provide notification of meetings and 29

hearings held under this section to the public, to the media that 30
have requested notification of a meeting, and to the parties 31
required to be notified of a hearing, at least twenty-four hours 32
in advance of the meeting or hearing by reasonable methods by 33
which any person may determine the time, location, and the manner 34
by which the meeting or hearing will be conducted, except in the 35
event of an emergency requiring immediate official action. In the 36
event of an emergency, the public body shall immediately notify 37
the news media that have requested notification or the parties 38
required to be notified of a hearing of the time, place, and 39
purpose of the meeting or hearing. 40
(4) The public body shall provide the public access to a 41

meeting held under this section, and to any hearing held under 42
this section that the public would otherwise be entitled to 43
attend, commensurate with the method in which the meeting or 44
hearing is being conducted, including, but not limited to, 45
examples such as live-streaming by means of the internet, local 46
radio, television, cable, or public access channels, call in 47
information for a teleconference, or by means of any other similar 48
electronic technology. The public body shall ensure that the 49
134HB110-HC1956X1/JF
HC1956X1 Page 3
50
public can observe and hear the discussions and deliberations of
51
all the members of the public body, whether the member is
52
participating in person or electronically.
(C) When members of a public body conduct a hearing by means 53

of teleconference, video conference, or any other similar 54
electronic technology, the public body must establish a means, 55
through the use of electronic equipment that is widely available 56
to the general public, to converse with witnesses, and to receive 57
documentary testimony and physical evidence. 58
(D) The authority granted in this section applies 59

notwithstanding any conflicting provision of the Revised Code. 60
Nothing in this section shall be construed to negate any provision 61
of section 121.22 of the Revised Code, Chapter 119. of the Revised 62
Code, or other section of the Revised Code that is not in conflict 63
with this section. 64
(E) This section is effective during until July 1 December 65

31, 2021. 66
Section 610.___. That existing Section 12 of H.B. 197 of the 67

133rd General Assembly (as amended by H.B. 404 of the 133rd 68
General Assembly) is hereby repealed." 69
In line 76681, after "Sections" insert "610._____, 70

610._____,"; after "743.10" insert a comma 71
SYNOPSIS
Open Meetings Law 72
134HB110-HC1956X1/JF
HC1956X1 Page 4
Sections 610.____ and 610._____. 73
Extends until December 31, 2021, the temporary authorization 74

for public bodies to meet via electronic technology. Under current 75
law, this authorization expires on July 1, 2021. 76
Specifies that the amendment's provisions takes effect 77

immediately. 78
134HB110-HC1956X1/JF
HC1963
Sub. H.B. 110
L-134-0001-3
2 insert "$14,855,643 $15,136,756"
3 In line 69215, add $1,596,984 to fiscal year 2022 and
4 $1,644,894 to fiscal year 2023
5 In line 69216, add $1,596,984 to fiscal year 2022 and
6 $1,644,894 to fiscal year 2023
8 SYNOPSIS
9 Ohio Housing Finance Agency
10 Section 301.10
11 Increases DPF Fund 5AZ0 appropriation item 997601, Housing

12 Finance Agency Personal Services, by $1,596,984 in FY 2022 and
13 $1,644,894 in FY 2023.

HC1968
Sub. H.B. 110
L-134-001-3
2 "(2) The person, upon completing that bachelor's degree
3 program, enrolls in an eligible graduate program at that, or
4 another, state institution in the next semester in which that
5 graduate program accepts students for admission."
7 "(8) "Eligible graduate program" means a graduate degree
8 program that does not grant a professional degree."
10 SYNOPSIS
11 In-state tuition for certain graduate students
12 R.C. 3333.31
13 Makes the following changes to a provision of the

14 substitute bill that extends in-state residency status to a
15 nonresident entering a graduate program at a state institution
16 of higher education after completing a bachelor's degree program
17 at that, or another, state institution:
18 (1) Requires the nonresident to enroll in the graduate

19 program in the next semester in which the program accepts
20 students for admission (rather than requiring the nonresident to

HC1968
21 "immediately" enroll in the graduate program as under the

22 substitute bill); and
23 (2) Limits the provision so that it applies only to

24 graduate degree programs that do not grant professional degrees
25 (rather than any graduate program as under the substitute bill).

HC1977
Sub. H.B. 110

L-134-0001-3
"Sec. 135.02. There shall be a state board of deposit 4

consisting of the treasurer of state or an employee of the 5
treasurer of state's department designated by the treasurer of 6
state, the auditor of state or an employee of the auditor of 7
state's department designated by the auditor of state, and the 8
attorney general or an employee of the attorney general's 9
department designated by the attorney general. The board shall 10
meet on the call of the chairperson at least annually to perform 11
the duties prescribed in sections 135.01 to 135.21 of the Revised 12
Code. At any time, two members of the board may request that the 13
chairperson call a meeting of the board, and the chairperson shall 14
call the meeting within thirty days after receiving such requests. 15
The treasurer of state or the treasurer of state's designated 16
representative shall be chairperson of the board. The cashier 17
treasurer of the state treasury shall be designate an employee of 18
the treasurer of state's department to serve as the secretary of 19
the board and shall keep its records. A certified copy of such 20
records shall be prima-facie evidence of the matter appearing 21
134HB110-HC1977/JF
HC1977 Page 2
therein in any court of record. 22
The chairperson shall provide a monthly report to the board 23

of deposit consisting of the notifications required under division 24
(B) of section 135.143 of the Revised Code and shall post that 25
report monthly to a web site maintained by the treasurer of state. 26
The necessary expenses of the board shall be paid from the 27

state treasury from appropriations for that purpose upon the order 28
of the board certified by the chairperson and the secretary." 29
SYNOPSIS
State Board of Deposit secretary 31
R.C. 135.02 32
Requires the Treasurer of State to designate an employee of 33

the Treasurer to serve as the secretary of the State Board of 34
Deposit (under current law, the Cashier of the State Treasury 35
serves as the Board's secretary). 36
134HB110-HC1977/JF
HC1982
Sub. H.B. 110
L-134-0001-3
2 "3375.011,"
5 "Sec. 3375.011. Any library organized under Chapter 3375.
6 of the Revised Code shall provide free of charge to any
7 individual a photocopy of that individual's driver's license,
8 temporary driver's permit, or state identification card, if the
9 individual requests one."
11 SYNOPSIS
12 Free library photocopies of identification
13 R.C. 3375.011
14 Requires public libraries to provide an individual with a

15 photocopy of that individual's driver's license, driver's
16 permit, or state identification free of charge if the individual
17 requests one.

HC1995
Sub. H.B. 110

L-134-0001-3
(1) "Academic term" means any one of the following: 5
(a) Fall term, which consists of fall semester or fall 6

quarter, as appropriate; 7
(b) Winter term, which consists of winter semester, winter 8

quarter, or spring semester, as appropriate; 9
(c) Spring term, which consists of spring quarter; 10
(d) Summer term, which consists of summer semester or summer 11

quarter, as appropriate. 12
(2) "Eligible applicant" means any individual to whom all of 13

the following apply: 14
(a) The individual does not possess a baccalaureate degree. 15
(b) The individual has enlisted, re-enlisted, or extended 16

current enlistment in the Ohio national guard or is an individual 17
to which division (F) of this section applies. 18
134HB110-HC1995/BJD
HC1995 Page 2
(c) The individual is actively enrolled as a full-time or 19

part-time student for at least three credit hours of course work 20
in a semester or quarter in a two-year or four-year 21
degree-granting program at a state institution of higher education 22
or a private institution of higher education, or in a 23
diploma-granting program at a state or private institution of 24
higher education that is a school of nursing, or in a 25
credential-certifying program, licensing program, trade 26
certification program, or apprenticeship program for an in-demand 27
trade as identified by the adjutant general, the office of 28
workforce development within the department of job and family 29
services, or the chancellor of higher education. 30
(d) The individual has not accumulated ninety-six eligibility 31

units under division (E) of this section. 32
(3) "State institution of higher education" means any state 33

university or college as defined in division (A)(1) of section 34
3345.12 of the Revised Code, community college established under 35
Chapter 3354. of the Revised Code, state community college 36
established under Chapter 3358. of the Revised Code, university 37
branch established under Chapter 3355. of the Revised Code, or 38
technical college established under Chapter 3357. of the Revised 39
Code. 40
(4) "Private institution of higher education" means an Ohio 41

institution of higher education that is nonprofit and has received 42
a certificate of authorization pursuant to Chapter 1713. of the 43
Revised Code, that is a private institution exempt from regulation 44
under Chapter 3332. of the Revised Code as prescribed in section 45
3333.046 of the Revised Code, or that holds a certificate of 46
registration and program authorization issued by the state board 47
of career colleges and schools pursuant to section 3332.05 of the 48
134HB110-HC1995/BJD
HC1995 Page 3
49
Revised Code.
(5) "Tuition" means the charges imposed to attend an 50

institution of higher education and includes general and 51
instructional fees. "Tuition" does not include laboratory fees, 52
room and board, or other similar fees and charges. 53
(B) There is hereby created a scholarship program to be known 54

as the Ohio national guard scholarship program. 55
(C)(1) The adjutant general shall approve scholarships for 56

all eligible applicants. The adjutant general shall process all 57
applications for scholarships for each academic term in the order 58
in which they are received. The scholarships shall be made without 59
regard to financial need. At no time shall one person be placed in 60
priority over another because of sex, race, or religion. 61
(2) The adjutant general shall develop and provide a written 62

explanation that informs all eligible scholarship recipients that 63
the recipient may become ineligible and liable for repayment for 64
an amount of scholarship payments received in accordance with 65
division (G) of this section. The written explanation shall be 66
reviewed by the scholarship recipient before acceptance of the 67
scholarship and before acceptance of an enlistment, warrant, 68
commission, or appointment for a term not less than the 69
recipient's remaining term in the national guard or in the active 70
duty component of the United States armed forces. 71
(D)(1) Except as provided in divisions (I) and (J) of this 72

section, for each academic term that an eligible applicant is 73
approved for a scholarship under this section and either remains a 74
current member in good standing of the Ohio national guard or is 75
eligible for a scholarship under division (F)(1) of this section, 76
the institution of higher education in which the applicant is 77
enrolled shall, if the applicant's enlistment obligation extends 78
134HB110-HC1995/BJD
HC1995 Page 4
79
beyond the end of that academic term or if division (F)(1) of this
80
section applies, be paid on the applicant's behalf the applicable
81
one of the following amounts:
(a) If the institution is a state institution of higher 82

education, an amount equal to one hundred per cent of the 83
institution's tuition charges; 84
(b) If the institution is a nonprofit private institution or 85

a private institution exempt from regulation under Chapter 3332. 86
of the Revised Code as prescribed in section 3333.046 of the 87
Revised Code, an amount equal to one hundred per cent of the 88
average tuition charges of all state universities; 89
(c) If the institution is an institution that holds a 90

certificate of registration from the state board of career 91
colleges and schools, the lesser of the following: 92
(i) An amount equal to one hundred per cent of the 93

institution's tuition; 94
(ii) An amount equal to one hundred per cent of the average 95

tuition charges of all state universities, as that term is defined 96
in section 3345.011 of the Revised Code. 97
(2) The adjutant general and the chancellor of higher 98

education may jointly adopt rules to require the use of other 99
federal educational financial assistance programs, including such 100
programs offered by the United States department of defense, for 101
which an applicant is eligible based on the applicant's military 102
service. If such rules are adopted, the rules shall require that 103
financial assistance received by a scholarship recipient under 104
those programs be applied to all eligible expenses prior to the 105
use of scholarship funds awarded under this section. Scholarship 106
funds awarded under this section shall then be applied to the 107
134HB110-HC1995/BJD
HC1995 Page 5
recipient's remaining eligible expenses. 108
(3) An eligible applicant's scholarship shall not be reduced 109

by the amount of that applicant's benefits under "the Montgomery 110
G.I. Bill Act of 1984," Pub. L. No. 98-525, 98 Stat. 2553 (1984). 111
(E) A scholarship recipient under this section shall be 112

entitled to receive scholarships under this section for the number 113
of quarters or semesters it takes the recipient to accumulate 114
ninety-six eligibility units as determined under divisions (E)(1) 115
to (3) of this section. 116
(1) To determine the maximum number of semesters or quarters 117

for which a recipient is entitled to a scholarship under this 118
section, the adjutant general shall convert a recipient's credit 119
hours of enrollment for each academic term into eligibility units 120
in accordance with the following table: 121
The 122
Number of following The following 123
credit hours number of number of 124
of enrollment eligibility eligibility 125
in an academic units if a units if a 126
term equals semester or quarter 127
128
12 or more hours 12 units 8 units 129
9 but less than 12 9 units 6 units 130
(2) A scholarship recipient under this section may continue 133

to apply for scholarships under this section until the recipient 134
has accumulated ninety-six eligibility units. 135
(3) If a scholarship recipient withdraws from courses prior 136

to the end of an academic term so that the recipient's enrollment 137
134HB110-HC1995/BJD
HC1995 Page 6
138
for that academic term is less than three credit hours, no
139
scholarship shall be paid on behalf of that person for that
140
academic term. Except as provided in division (F)(3) of this
141
section, if a scholarship has already been paid on behalf of the
142
person for that academic term, the adjutant general shall add to
143
that person's accumulated eligibility units the number of
144
eligibility units for which the scholarship was paid.
(F) This division applies to any eligible applicant called 145

into active duty on or after September 11, 2001. As used in this 146
division, "active duty" means active duty pursuant to an executive 147
order of the president of the United States, an act of the 148
congress of the United States, or section 5919.29 or 5923.21 of 149
(1) For a period of up to five years from when an 151

individual's enlistment obligation in the Ohio national guard 152
ends, an individual to whom this division applies is eligible for 153
scholarships under this section for those academic terms that were 154
missed or could have been missed as a result of the individual's 155
call into active duty. Scholarships shall not be paid for the 156
academic term in which an eligible applicant's enlistment 157
obligation ends unless an applicant is eligible under this 158
division for a scholarship for such academic term due to previous 159
active duty. 160
(2) When an individual to whom this division applies 161

withdraws or otherwise fails to complete courses, for which 162
scholarships have been awarded under this section, because the 163
individual was called into active duty, the institution of higher 164
education shall grant the individual a leave of absence from the 165
individual's education program and shall not impose any academic 166
penalty for such withdrawal or failure to complete courses. 167
134HB110-HC1995/BJD
HC1995 Page 7
168
Division (F)(2) of this section applies regardless of whether or
169
not the scholarship amount was paid to the institution of higher
170
education.
(3) If an individual to whom this division applies withdraws 171

or otherwise fails to complete courses because the individual was 172
called into active duty, and if scholarships for those courses 173
have already been paid, either: 174
(a) The adjutant general shall not add to that person's 175
accumulated eligibility units calculated under division (E) of 176
this section the number of eligibility units for the academic 177
courses or term for which the scholarship was paid and the 178
institution of higher education shall repay the scholarship amount 179
to the state. 180
(b) The adjutant general shall add to that individual's 181

accumulated eligibility units calculated under division (E) of 182
this section the number of eligibility units for the academic 183
courses or term for which the scholarship was paid if the 184
institution of higher education agrees to permit the individual to 185
complete the remainder of the academic courses in which the 186
individual was enrolled at the time the individual was called into 187
active duty. 188
(4) No individual who is discharged from the Ohio national 189

guard under other than honorable conditions shall be eligible for 190
scholarships under this division. 191
(G) A scholarship recipient under this section who fails to 192

complete the term of enlistment, re-enlistment, or extension of 193
current enlistment the recipient was serving at the time a 194
scholarship was paid on behalf of the recipient under this section 195
is liable to the state for repayment of a percentage of all Ohio 196
national guard scholarships paid on behalf of the recipient under 197
134HB110-HC1995/BJD
HC1995 Page 8
198
this section, plus interest at the rate of ten per cent per annum
199
calculated from the dates the scholarships were paid. This
200
percentage shall equal the percentage of the current term of
201
enlistment, re-enlistment, or extension of enlistment a recipient
202
has not completed as of the date the recipient is discharged from
203
the Ohio national guard.
The attorney general may commence a civil action on behalf of 204

the chancellor to recover the amount of the scholarships and the 205
interest provided for in this division and the expenses incurred 206
in prosecuting the action, including court costs and reasonable 207
attorney's fees. A scholarship recipient is not liable under this 208
division if the recipient's failure to complete the term of 209
enlistment being served at the time a scholarship was paid on 210
behalf of the recipient under this section is due to the 211
recipient's death or discharge from the national guard due to 212
disability. 213
(H) On or before the first day of each academic term, the 214
adjutant general shall provide an eligibility roster to the 215
chancellor and to each institution of higher education at which 216
one or more scholarship recipients have applied for enrollment. 217
The institution shall use the roster to certify the actual 218
full-time or part-time enrollment of each scholarship recipient 219
listed as enrolled at the institution and return the roster to the 220
adjutant general and the chancellor. Except as provided in 221
division (J) of this section, the chancellor shall provide for 222
payment of the appropriate number and amount of scholarships to 223
each institution of higher education pursuant to division (D) of 224
this section. If an institution of higher education fails to 225
certify the actual enrollment of a scholarship recipient listed as 226
enrolled at the institution within thirty days of the end of an 227
academic term, the institution shall not be eligible to receive 228
134HB110-HC1995/BJD
HC1995 Page 9
229
payment from the Ohio national guard scholarship program or from
230
the individual enrollee. The adjutant general shall report on a
231
semiannual basis to the director of budget and management, the
232
speaker of the house of representatives, the president of the
233
senate, and the chancellor the number of Ohio national guard
234
scholarship recipients, the size of the scholarship-eligible
235
population, and a projection of the cost of the program for the
236
remainder of the biennium.
(I) The chancellor and the adjutant general may adopt rules 237
pursuant to Chapter 119. of the Revised Code governing the 238
administration and fiscal management of the Ohio national guard 239
scholarship program and the procedure by which the chancellor and 240
the department of the adjutant general may modify the amount of 241
scholarships a member receives based on the amount of other state 242
financial aid a member receives. 243
(J) The adjutant general, the chancellor, and the director, 244
or their designees, shall jointly estimate the costs of the Ohio 245
national guard scholarship program for each upcoming fiscal 246
biennium, and shall report that estimate prior to the beginning of 247
the fiscal biennium to the chairpersons of the finance committees 248
in the general assembly. During each fiscal year of the biennium, 249
the adjutant general, the chancellor, and the director, or their 250
designees, shall meet regularly to monitor the actual costs of the 251
Ohio national guard scholarship program and update cost 252
projections for the remainder of the biennium as necessary. If the 253
amounts appropriated for the Ohio national guard scholarship 254
program and any funds in the Ohio national guard scholarship 255
reserve fund and the Ohio national guard scholarship donation fund 256
are not adequate to provide scholarships in the amounts specified 257
in division (D)(1) of this section for all eligible applicants, 258
the chancellor shall do all of the following: 259
134HB110-HC1995/BJD
HC1995 Page 10
(1) Notify each private institution of higher education, 260

where a scholarship recipient is enrolled, that, by accepting the 261
Ohio national guard scholarship program as payment for all or part 262
of the institution's tuition, the institution agrees that if the 263
chancellor reduces the amount of each scholarship, the institution 264
shall provide each scholarship recipient a grant or tuition waiver 265
in an amount equal to the amount the recipient's scholarship was 266
reduced by the chancellor. 267
(2) Reduce the amount of each scholarship under division 268

(D)(1)(a) of this section proportionally based on the amount of 269
remaining available funds. Each state institution of higher 270
education shall provide each scholarship recipient under division 271
(D)(1)(a) of this section a grant or tuition waiver in an amount 272
equal to the amount the recipient's scholarship was reduced by the 273
chancellor. 274
(K) Notwithstanding division (A) of section 127.14 of the 275

Revised Code, the controlling board shall not transfer all or part 276
of any appropriation for the Ohio national guard scholarship 277
program. 278
(L) The chancellor and the adjutant general may apply for, 279
and may receive and accept grants, and may receive and accept 280
gifts, bequests, and contributions, from public and private 281
sources, including agencies and instrumentalities of the United 282
States and this state, and shall deposit the grants, gifts, 283
bequests, or contributions into the national guard scholarship 284
donation fund." 285
134HB110-HC1995/BJD
HC1995 Page 11
SYNOPSIS
Ohio National Guard Scholarship Program - eligibility 287
R.C. 5919.34 288
Establishes eligibility for the Ohio National Guard 289

Scholarship Program for an individual actively enrolled as a 290
full-time or part-time student for at least three credit hours of 291
course work in a credential-certifying program, licensing program, 292
trade certification program, or apprenticeship program for an 293
in-demand trade as identified by the Adjutant General, the Office 294
of Workforce Development within the Department of Job and Family 295
Services, or the Chancellor of Higher Education (provided that 296
individual satisfies other criteria specified in current law). 297
(The Ohio National Guard Scholarship Program provides 298

eligible Ohio National Guard members with undergraduate tuition 299
scholarships for attendance at public and private colleges and 300
universities and private career colleges and schools.) 301
134HB110-HC1995/BJD
HC2045
Sub. H.B. 110

L-134-0001-3
"Sec. 5727.75. (A) For purposes of this section: 4
(1) "Qualified energy project" means an energy project 5

certified by the director of development services pursuant to this 6
section. 7
(2) "Energy project" means a project to provide electric 8

power through the construction, installation, and use of an energy 9
facility. 10
(3) "Alternative energy zone" means a county declared as such 11

by the board of county commissioners under division (E)(1)(b) or 12
(c) of this section. 13
(4) "Full-time equivalent employee" means the total number of 14

employee-hours for which compensation was paid to individuals 15
employed at a qualified energy project for services performed at 16
the project during the calendar year divided by two thousand 17
eighty hours. 18
(5) "Solar energy project" means an energy project composed 19
134HB110-HC2045/NW
HC2045 Page 2
20
of an energy facility using solar panels to generate electricity.
(6) "Internet identifier of record" has the same meaning as 21

in section 9.312 of the Revised Code. 22
(B)(1) Tangible personal property of a qualified energy 23

project using renewable energy resources is exempt from taxation 24
for tax years 2011 through 20232025 if all of the following 25
conditions are satisfied: 26
(a) On or before December 31, 20222024, the owner or a lessee 27

pursuant to a sale and leaseback transaction of the project 28
submits an application to the power siting board for a certificate 29
under section 4906.20 of the Revised Code, or if that section does 30
not apply, submits an application for any approval, consent, 31
permit, or certificate or satisfies any condition required by a 32
public agency or political subdivision of this state for the 33
construction or initial operation of an energy project. 34
(b) Construction or installation of the energy facility 35

begins on or after January 1, 2009, and before January 1, 36
20232025. For the purposes of this division, construction begins 37
on the earlier of the date of application for a certificate or 38
other approval or permit described in division (B)(1)(a) of this 39
section, or the date the contract for the construction or 40
installation of the energy facility is entered into. 41
(c) For a qualified energy project with a nameplate capacity 42

of twenty megawatts or greater, a board of county commissioners of 43
a county in which property of the project is located has adopted a 44
resolution under division (E)(1)(b) or (c) of this section to 45
approve the application submitted under division (E) of this 46
section to exempt the property located in that county from 47
taxation. A board's adoption of a resolution rejecting an 48
application or its failure to adopt a resolution approving the 49
134HB110-HC2045/NW
HC2045 Page 3
50
application does not affect the tax-exempt status of the qualified
51
energy project's property that is located in another county.
(2) If tangible personal property of a qualified energy 52

project using renewable energy resources was exempt from taxation 53
under this section beginning in any of tax years 2011 through 54
20232025, and the certification under division (E)(2) of this 55
section has not been revoked, the tangible personal property of 56
the qualified energy project is exempt from taxation for tax year 57
20242026 and all ensuing tax years if the property was placed into 58
service before January 1, 20242026, as certified in the 59
construction progress report required under division (F)(2) of 60
this section. Tangible personal property that has not been placed 61
into service before that date is taxable property subject to 62
taxation. An energy project for which certification has been 63
revoked is ineligible for further exemption under this section. 64
Revocation does not affect the tax-exempt status of the project's 65
tangible personal property for the tax year in which revocation 66
occurs or any prior tax year. 67
(C) Tangible personal property of a qualified energy project 68

using clean coal technology, advanced nuclear technology, or 69
cogeneration technology is exempt from taxation for the first tax 70
year that the property would be listed for taxation and all 71
subsequent years if all of the following circumstances are met: 72
(1) The property was placed into service before January 1, 73

2021. Tangible personal property that has not been placed into 74
service before that date is taxable property subject to taxation. 75
(2) For such a qualified energy project with a nameplate 76

capacity of twenty megawatts or greater, a board of county 77
commissioners of a county in which property of the qualified 78
energy project is located has adopted a resolution under division 79
134HB110-HC2045/NW
HC2045 Page 4
80
(E)(1)(b) or (c) of this section to approve the application
81
submitted under division (E) of this section to exempt the
82
property located in that county from taxation. A board's adoption
83
of a resolution rejecting the application or its failure to adopt
84
a resolution approving the application does not affect the
85
tax-exempt status of the qualified energy project's property that
86
is located in another county.
(3) The certification for the qualified energy project issued 87

under division (E)(2) of this section has not been revoked. An 88
energy project for which certification has been revoked is 89
ineligible for exemption under this section. Revocation does not 90
affect the tax-exempt status of the project's tangible personal 91
property for the tax year in which revocation occurs or any prior 92
tax year. 93
(D) Except as otherwise provided in this section, real 94

property of a qualified energy project is exempt from taxation for 95
any tax year for which the tangible personal property of the 96
qualified energy project is exempted under this section. 97
(E)(1)(a) A person may apply to the director of development 98

services for certification of an energy project as a qualified 99
energy project on or before the following dates: 100
(i) December 31, 20222024, for an energy project using 101

renewable energy resources; 102
(ii) December 31, 2017, for an energy project using clean 103
coal technology, advanced nuclear technology, or cogeneration 104
technology. 105
(b) The director shall forward a copy of each application for 106
certification of an energy project with a nameplate capacity of 107
twenty megawatts or greater to the board of county commissioners 108
134HB110-HC2045/NW
HC2045 Page 5
109
of each county in which the project is located and to each taxing
110
unit with territory located in each of the affected counties. Any
111
board that receives from the director a copy of an application
112
submitted under this division shall adopt a resolution approving
113
or rejecting the application unless it has adopted a resolution
114
under division (E)(1)(c) of this section. A resolution adopted
115
under division (E)(1)(b) or (c) of this section may require an
116
annual service payment to be made in addition to the service
117
payment required under division (G) of this section. The sum of
118
the service payment required in the resolution and the service
119
payment required under division (G) of this section shall not
120
exceed nine thousand dollars per megawatt of nameplate capacity
121
located in the county. The resolution shall specify the time and
122
manner in which the payments required by the resolution shall be
123
paid to the county treasurer. The county treasurer shall deposit
124
the payment to the credit of the county's general fund to be used
125
for any purpose for which money credited to that fund may be used.
The board shall send copies of the resolution to the owner of 126
the facility and the director by certified mail or, if the board 127
has record of an internet identifier of record associated with the 128
owner or director, by ordinary mail and by that internet 129
identifier of record. The board shall send such notice within 130
thirty days after receipt of the application, or a longer period 131
of time if authorized by the director. 132
(c) A board of county commissioners may adopt a resolution 133

declaring the county to be an alternative energy zone and 134
declaring all applications submitted to the director of 135
development services under this division after the adoption of the 136
resolution, and prior to its repeal, to be approved by the board. 137
All tangible personal property and real property of an energy 138
134HB110-HC2045/NW
HC2045 Page 6
139
project with a nameplate capacity of twenty megawatts or greater
140
is taxable if it is located in a county in which the board of
141
county commissioners adopted a resolution rejecting the
142
application submitted under this division or failed to adopt a
143
resolution approving the application under division (E)(1)(b) or
144
(c) of this section.
(2) The director shall certify an energy project if all of 145

the following circumstances exist: 146
(a) The application was timely submitted. 147
(b) For an energy project with a nameplate capacity of twenty 148

megawatts or greater, a board of county commissioners of at least 149
one county in which the project is located has adopted a 150
resolution approving the application under division (E)(1)(b) or 151
(c) of this section. 152
(c) No portion of the project's facility was used to supply 153

electricity before December 31, 2009. 154
(3) The director shall deny a certification application if 155

the director determines the person has failed to comply with any 156
requirement under this section. The director may revoke a 157
certification if the director determines the person, or subsequent 158
owner or lessee pursuant to a sale and leaseback transaction of 159
the qualified energy project, has failed to comply with any 160
requirement under this section. Upon certification or revocation, 161
the director shall notify the person, owner, or lessee, the tax 162
commissioner, and the county auditor of a county in which the 163
project is located of the certification or revocation. Notice 164
shall be provided in a manner convenient to the director. 165
(F) The owner or a lessee pursuant to a sale and leaseback 166

transaction of a qualified energy project shall do each of the 167
134HB110-HC2045/NW
HC2045 Page 7
168
following:
(1) Comply with all applicable regulations; 169
(2) File with the director of development services a 170

certified construction progress report before the first day of 171
March of each year during the energy facility's construction or 172
installation indicating the percentage of the project completed, 173
and the project's nameplate capacity, as of the preceding 174
thirty-first day of December. Unless otherwise instructed by the 175
director of development services, the owner or lessee of an energy 176
project shall file a report with the director on or before the 177
first day of March each year after completion of the energy 178
facility's construction or installation indicating the project's 179
nameplate capacity as of the preceding thirty-first day of 180
December. Not later than sixty days after June 17, 2010, the owner 181
or lessee of an energy project, the construction of which was 182
completed before June 17, 2010, shall file a certificate 183
indicating the project's nameplate capacity. 184
(3) File with the director of development services, in a 185

manner prescribed by the director, a report of the total number of 186
full-time equivalent employees, and the total number of full-time 187
equivalent employees domiciled in Ohio, who are employed in the 188
construction or installation of the energy facility; 189
(4) For energy projects with a nameplate capacity of twenty 190

megawatts or greater, repair all roads, bridges, and culverts 191
affected by construction as reasonably required to restore them to 192
their preconstruction condition, as determined by the county 193
engineer in consultation with the local jurisdiction responsible 194
for the roads, bridges, and culverts. In the event that the county 195
engineer deems any road, bridge, or culvert to be inadequate to 196
support the construction or decommissioning of the energy 197
134HB110-HC2045/NW
HC2045 Page 8
198
facility, the road, bridge, or culvert shall be rebuilt or
199
reinforced to the specifications established by the county
200
engineer prior to the construction or decommissioning of the
201
facility. The owner or lessee of the facility shall post a bond in
202
an amount established by the county engineer and to be held by the
203
board of county commissioners to ensure funding for repairs of
204
roads, bridges, and culverts affected during the construction. The
205
bond shall be released by the board not later than one year after
206
the date the repairs are completed. The energy facility owner or
207
lessee pursuant to a sale and leaseback transaction shall post a
208
bond, as may be required by the Ohio power siting board in the
209
certificate authorizing commencement of construction issued
210
pursuant to section 4906.10 of the Revised Code, to ensure funding
211
for repairs to roads, bridges, and culverts resulting from
212
decommissioning of the facility. The energy facility owner or
213
lessee and the county engineer may enter into an agreement
214
regarding specific transportation plans, reinforcements,
215
modifications, use and repair of roads, financial security to be
216
provided, and any other relevant issue.
(5) Provide or facilitate training for fire and emergency 217

responders for response to emergency situations related to the 218
energy project and, for energy projects with a nameplate capacity 219
of twenty megawatts or greater, at the person's expense, equip the 220
fire and emergency responders with proper equipment as reasonably 221
required to enable them to respond to such emergency situations; 222
(6) Maintain a ratio of Ohio-domiciled full-time equivalent 223

employees employed in the construction or installation of the 224
energy project to total full-time equivalent employees employed in 225
the construction or installation of the energy project of not less 226
than eighty per cent in the case of a solar energy project, and 227
not less than fifty per cent in the case of any other energy 228
134HB110-HC2045/NW
HC2045 Page 9
229
project. In the case of an energy project for which certification
230
from the power siting board is required under section 4906.20 of
231
the Revised Code, the number of full-time equivalent employees
232
employed in the construction or installation of the energy project
233
equals the number actually employed or the number projected to be
234
employed in the certificate application, if such projection is
235
required under regulations adopted pursuant to section 4906.03 of
236
the Revised Code, whichever is greater. For all other energy
237
projects, the number of full-time equivalent employees employed in
238
the construction or installation of the energy project equals the
239
number actually employed or the number projected to be employed by
240
the director of development services, whichever is greater. To
241
estimate the number of employees to be employed in the
242
construction or installation of an energy project, the director
243
shall use a generally accepted job-estimating model in use for
244
renewable energy projects, including but not limited to the job
245
and economic development impact model. The director may adjust an
246
estimate produced by a model to account for variables not
247
accounted for by the model.
(7) For energy projects with a nameplate capacity in excess 248

of twenty megawatts, establish a relationship with a member of the 249
university system of Ohio as defined in section 3345.011 of the 250
Revised Code or with a person offering an apprenticeship program 251
registered with the employment and training administration within 252
the United States department of labor or with the apprenticeship 253
council created by section 4139.02 of the Revised Code, to educate 254
and train individuals for careers in the wind or solar energy 255
industry. The relationship may include endowments, cooperative 256
programs, internships, apprenticeships, research and development 257
projects, and curriculum development. 258
(8) Offer to sell power or renewable energy credits from the 259
134HB110-HC2045/NW
HC2045 Page 10
260
energy project to electric distribution utilities or electric
261
service companies subject to renewable energy resource
262
requirements under section 4928.64 of the Revised Code that have
263
issued requests for proposal for such power or renewable energy
264
credits. If no electric distribution utility or electric service
265
company issues a request for proposal on or before December 31,
266
2010, or accepts an offer for power or renewable energy credits
267
within forty-five days after the offer is submitted, power or
268
renewable energy credits from the energy project may be sold to
269
other persons. Division (F)(8) of this section does not apply if:
(a) The owner or lessee is a rural electric company or a 270

municipal power agency as defined in section 3734.058 of the 271
Revised Code. 272
(b) The owner or lessee is a person that, before completion 273

of the energy project, contracted for the sale of power or 274
renewable energy credits with a rural electric company or a 275
municipal power agency. 276
(c) The owner or lessee contracts for the sale of power or 277
renewable energy credits from the energy project before June 17, 278
2010. 279
(9) Make annual service payments as required by division (G) 280

of this section and as may be required in a resolution adopted by 281
a board of county commissioners under division (E) of this 282
section. 283
(G) The owner or a lessee pursuant to a sale and leaseback 284

transaction of a qualified energy project shall make annual 285
service payments in lieu of taxes to the county treasurer on or 286
before the final dates for payments of taxes on public utility 287
personal property on the real and public utility personal property 288
tax list for each tax year for which property of the energy 289
134HB110-HC2045/NW
HC2045 Page 11
290
project is exempt from taxation under this section. The county
291
treasurer shall allocate the payment on the basis of the project's
292
physical location. Upon receipt of a payment, or if timely payment
293
has not been received, the county treasurer shall certify such
294
receipt or non-receipt to the director of development services and
295
tax commissioner in a form determined by the director and
296
commissioner, respectively. Each payment shall be in the following
297
amount:
(1) In the case of a solar energy project, seven thousand 298

dollars per megawatt of nameplate capacity located in the county 299
as of the thirty-first-day of December of the preceding tax year; 300
(2) In the case of any other energy project using renewable 301
energy resources, the following: 302
(a) If the project maintains during the construction or 303

installation of the energy facility a ratio of Ohio-domiciled 304
full-time equivalent employees to total full-time equivalent 305
employees of not less than seventy-five per cent, six thousand 306
as of the thirty-first day of December of the preceding tax year; 308
(b) If the project maintains during the construction or 309

employees of less than seventy-five per cent but not less than 312
sixty per cent, seven thousand dollars per megawatt of nameplate 313
capacity located in the county as of the thirty-first day of 314
December of the preceding tax year; 315
(c) If the project maintains during the construction or 316

employees of less than sixty per cent but not less than fifty per 319
134HB110-HC2045/NW
HC2045 Page 12
320
cent, eight thousand dollars per megawatt of nameplate capacity
321
located in the county as of the thirty-first day of December of
322
the preceding tax year.
(3) In the case of an energy project using clean coal 323

technology, advanced nuclear technology, or cogeneration 324
technology, the following: 325
(a) If the project maintains during the construction or 326

employees of not less than seventy-five per cent, six thousand 329
as of the thirty-first day of December of the preceding tax year; 331
(b) If the project maintains during the construction or 332

employees of less than seventy-five per cent but not less than 335
sixty per cent, seven thousand dollars per megawatt of nameplate 336
capacity located in the county as of the thirty-first day of 337
December of the preceding tax year; 338
(c) If the project maintains during the construction or 339

employees of less than sixty per cent but not less than fifty per 342
cent, eight thousand dollars per megawatt of nameplate capacity 343
located in the county as of the thirty-first day of December of 344
the preceding tax year. 345
(H) The director of development services in consultation with 346

the tax commissioner shall adopt rules pursuant to Chapter 119. of 347
the Revised Code to implement and enforce this section." 348
134HB110-HC2045/NW
HC2045 Page 13
"Section 5727.75 of the Revised Code as amended by both H.B. 351

6 and H.B. 166 of the 133rd General Assembly." 352
SYNOPSIS
Property tax exemption for qualified energy projects 353
R.C. 5727.75 354
Extends, by two years, the deadline by which the owner or 355

lessee of a qualified renewable energy project may apply for a 356
property tax exemption. Under current law, the owner or lessee of 357
such a project must apply for the exemption before January 1, 358
2023. The amendment extends this deadline to before January 1, 359
2025. 360
134HB110-HC2045/NW
HC2052
Sub. H.B. 110
L-134-0001-3
DEVCD14
1 In line 65473, delete "Bank" and insert "Reutilization
2 Corporation"
4 Corporation"; after "municipality" insert ", village,"
6 Corporation"
7 In line 65505, after "municipality" inset ", village,"
9 SYNOPSIS
11 Sections 259.10 and 259.20
12 Identifies the Lucas County Land Reutilization Corporation

13 as the recipient of the $1.0 million earmarked in each fiscal
14 year for the Lucas County Commercial Site Clean-Up Pilot Program
15 under GRF appropriation item 195503, Local Development Projects.
16 Identifies the Fulton County Land Reutilization Corporation

17 as the recipient of the $250,000 earmarked in each fiscal year
18 for the Fulton County Commercial Site Clean-Up Pilot Program
19 under GRF appropriation item 195503, Local Development Projects.
20 Specifies that villages in Lucas and Fulton counties (in

21 addition to municipalities and townships as under the current
22 bill) qualify as participants in these pilot programs.

HC2056X2
Sub. H.B. 110
L-134-0001-3
DOHCD10, DOHCD40
2 In line 232, delete "3709.01,"
4 "Sec. 3709.012. (A) Not later than the date that is
5 eighteen months after the official announcement of the result of
6 a federal decennial census taken in a particular census year,
7 including the 2020 census, a city with a population less than
8 fifty thousand that is represented by a board of health of a
9 city health district shall complete a study examining the
10 efficiency and effectiveness of the city health district merging
11 with the general health district of the county in which the city
12 is located. As part of the study, the city shall compare the
13 merger's efficiency and effectiveness with that of remaining as
14 a separate health district.
15 (B) The director of health, in consultation with the
16 auditor of state, shall develop criteria to be used by the city
17 described in division (A) of this section in determining whether
18 such a merger is advisable. The criteria may include

HC2056X2
19 accreditation standards promulgated by the public health
20 accreditation board.
21 (C) The director of health shall provide technical and
22 financial assistance to each city described in this section and
23 shall oversee any efficiency and effectiveness study conducted
24 under division (A) of this section.
25 (D) If, based on the criteria described in division (B) of
26 this section, the study indicates that a merger would be
27 efficient and effective, then the chief executive of the city
28 shall enter into a contract with the district advisory council
29 of the general health district that includes the city for the
30 administration of health affairs in the former city health
31 district and the merged general health district.
32 (E) If a merger is required by this section, the merger
33 shall be completed not later than thirty months after the
34 official announcement of the result of a federal decennial
35 census, unless either of the following, as applicable, acts for
36 good cause to delay implementation of the merger:
37 (1) In the case of a general health district consisting of
38 a single county, the district advisory council of the general
39 health district;
40 (2) In the case of a general health district consisting of
41 more than one county as a result of a union of general health
42 districts under section 3709.10 of the Revised Code, the

HC2056X2
43 district advisory council representing the county within the
44 district where a majority of the population to be served by the
45 merged general health district resides."
46 In line 60843, delete "3709.01,"
47 In line 68715, after "2022" insert "shall be used to
48 conduct the studies required under section 3709.012 of the
49 Revised Code. Any remaining funds from this earmark"
50 In line 68729, after "departments" insert "not impacted by
51 section 3709.012 of the Revised Code that are"
53 SYNOPSIS
54 City health districts
55 Sections 3709.01, 3709.012, 3709.052, 3709.06, and 3709.07
56 Removes provisions added to the substitute version that

57 would have done the following:
58 (1) Abolished boards of health of city health districts for

59 cities with populations less than 50,000 and transferred their
60 duties and powers to the board of the general health district
61 that includes the city;
62 (2) Required the Director of Health, if ODH has distributed

63 funds to a board of health being abolished, to determine the
64 amount to be transferred to the board of health of the general
65 health district that includes the city.
66 Adds provisions, in place of those removed, as follows:
67 (1) Requires each city with a population less than 50,000

68 served by a board of health of a city health district to
69 complete a study evaluating the efficiency and effectiveness of

HC2056X2
70 merging with the general health district that includes the city
71 for the administration of health affairs in the new general
72 health district (the city plus the original health district).
73 (2) Requires the Director of Health, in consultation with

74 the Auditor of State, to develop criteria to be used in
75 determining whether a merger is advisable and requires the city
76 to conduct its evaluation using the developed criteria.
77 (3) If the study indicates that a merger is advisable,

78 requires the city's chief executive to enter into a contract
79 with the district advisory council for the general health
80 district that include the city for the administration of health
81 affairs in the new general health district, unless the
82 applicable district advisory council for the general health
83 district delays the merger for good cause.
85 Section 291.20
86 Requires an earmark of $6.0 million in FY 2022 in GRF

87 appropriation item 440413, Local Health Departments, to be used
88 to conduct studies regarding city and general health district
89 mergers as required in R.C. 3709.012, in addition to the
90 Executive provisions allowing the funds to be used to support
91 local health departments' efforts to improve population health,
92 and/or to incentivize efficiencies among local health
93 departments. Modifies existing language that allows a portion of
94 these funds to be used to support pre-merger analysis and
95 planning by specifying that this portion is for local health
96 departments "not impacted by R.C. 3709.012."

HC2061X3
Sub. H.B. 110
L-134-0001-3
2 "XXXX 055XXX Law Enforcement Reimbursement $15,000,000 $0"
3 Training Pilot Program
7 "LAW ENFORCEMENT REIMBURSEMENT TRAINING PILOT PROGRAM
8 The foregoing appropriation item 055XXX, Law Enforcement
9 Reimbursement Training Pilot Program, shall be used by the
10 Attorney General, in accordance with division (A) of Section
11 701.__ of this act, for state funding of the training of peace
12 officers and troopers that is required under section 109.803 of
13 the Revised Code.
14 Of the foregoing appropriation item 055XXX, Law Enforcement
15 Reimbursement Training Pilot Program, the Attorney General may
16 use up to $25,000 for administrative expenses associated with
17 the program.
18 On July 1, 2022, or as soon as possible thereafter, the
19 Attorney General shall certify to the Director of Budget and

HC2061X3
20 Management an amount up to the unexpended, unencumbered balance
21 of the foregoing appropriation item 055XXX, Law Enforcement
22 Reimbursement Training Pilot Program, at the end of fiscal year
23 2022 to be reappropriated for the same purpose in fiscal year
24 2023. Upon Controlling Board approval, the amount certified is
25 hereby reappropriated to the same appropriation item for fiscal
26 year 2023."
28 "Section 512.__. UNCLAIMED FUND REMITTANCE
29 Notwithstanding division (A) of section 169.05 of the
30 Revised Code, on July 1, 2021, or as soon as possible
31 thereafter, the Director of Budget and Management shall request
32 the Director of Commerce to remit for deposit into the Law
33 Enforcement Reimbursement Training Fund (Fund XXXX), which is
34 hereby created in the state treasury, $15,000,000 of unclaimed
35 funds that have been reported by holders of unclaimed funds
36 under section 169.05 of the Revised Code and have been unclaimed
37 for thirty years or more after becoming unclaimed funds,
38 irrespective of the allocation of the unclaimed funds under that
39 section. The Director of Commerce shall remit the funds at the
40 time requested by the Director of Budget and Management."
42 "Section 701.__. (A)(1) As used in this section:

HC2061X3
43 (a) "Peace officer" has the same meaning as in section
45 (b) "Trooper" means an individual appointed as a State
46 Highway Patrol Trooper under section 5503.01 of the Revised
47 Code.
48 (2) Not later than December 1, 2021, the Attorney General
49 shall create a pilot program for state funding of the training
50 of peace officers and troopers that is required under section
51 109.803 of the Revised Code. The pilot program shall be
52 administered by the office of the Attorney General, in
53 accordance with this section. The pilot program shall be a
54 one-year program, to be in existence for calendar year 2022.
55 (3) Not later than December 2, 2021, each law enforcement
56 agency that has peace officers or troopers who are subject to
57 the training requirement set forth in section 109.803 of the
58 Revised Code shall certify to the Attorney General the total of
59 all salaries to be paid in calendar year 2022 to officers or
60 troopers of the agency who will receive that training in
61 calendar year 2022 and the hourly rate of pay for each of those
62 officers and troopers.
63 (4) Not later than January 1, 2022, the Attorney General
64 shall begin the operation of the pilot program established under
65 division (A)(2) of this section. Prior to that date, the
66 Attorney General shall establish rules, under section 111.15 of

HC2061X3
67 the Revised Code, for the operation and administration of the
68 pilot program, for the determination of eligibility for funding
69 and payments under the program, and for the provision of funding
70 and payments under the pilot program, in accordance with this
71 section. From money appropriated to the Attorney General for the
72 purposes of the pilot program, the Attorney General shall pay to
73 each law enforcement agency that has peace officers or troopers
74 who are subject to the training requirement set forth in section
75 109.803 of the Revised Code an amount to cover up to fifty per
76 cent of the total cost of the salaries of the officers or
77 troopers of the agency to be paid to officers or troopers who
78 will receive that training in calendar year 2022, as certified
79 by the agency in accordance with division (A)(3) of this
80 section, during the period of the training. The amount to be
81 paid shall cover only the period during which the officers or
82 troopers are receiving that training and shall not exceed an
83 amount covering twenty-four hours of the training. If the amount
84 of the money appropriated to the Attorney General for the
85 purposes of the pilot program is insufficient to pay fifty per
86 cent of the total cost of the salaries of the peace officers or
87 troopers of all law enforcement agencies to be paid in calendar
88 year 2022 to officers or troopers who will receive that training
89 in calendar year 2022, the amount to be paid to each such agency
90 shall be reduced proportionately so that each agency is paid an

HC2061X3
91 equal percentage of its cost in the year for the training. No
92 payment shall be made to any law enforcement agency under this
93 division after January 1, 2023. If a law enforcement agency that
94 receives money under this division does not use all of the money
95 for the salaries certified by the agency in accordance with
96 division (A)(3) of this section, the agency shall return all of
97 the money not used to the Attorney General.
98 A law enforcement agency that receives any payments under
99 this division shall be responsible for paying the cost of
100 training of its peace officers or troopers required under
101 section 109.803 of the Revised Code that exceeds the amount of
102 the payment received under the pilot program under this
103 division.
104 (5) Except as otherwise provided in this division, state
105 funding for the training of peace officers or troopers that is
106 required under section 109.803 of the Revised Code shall be
107 provided in calendar year 2022 only in accordance with division
108 (A)(4) of this section, notwithstanding former section 109.802
109 of the Revised Code, rule 109:2-18-04 of the Administrative
110 Code, and any other provision of law that addresses any
111 alternative method of state funding for such training. The
112 limitation specified in this division does not apply with
113 respect to direct appropriations made to a state law enforcement
114 agency.

HC2061X3
115 (6) Each law enforcement agency that receives money under
116 division (A)(4) of this section shall submit to the Attorney
117 General, by the date specified by the Attorney General, a report
118 that states the amount of money the agency received, how that
119 money was used, when it was used, and any other information with
120 respect to the use of the money that is required by the Attorney
121 General. The Attorney General shall prepare a report that
122 compiles the information in the reports received from law
123 enforcement agencies under this division and submit the report
124 to the General Assembly and the Legislative Service Commission.
125 (B)(1) There is created the Law Enforcement Training
126 Funding Study Commission. The Commission shall consist of the
127 following twelve members:
128 (a) The Attorney General or a designee of the Attorney
129 General who has experience in law enforcement funding issues;
130 (b) The Director of Public Safety or a designee of the
131 Director who has experience in law enforcement funding issues;
132 (c) Three members of the House of Representatives appointed
133 by the Speaker of the House of Representatives, with not more
134 than two of the persons appointed as members being members of
135 the same political party;
136 (d) Three members of the Senate appointed by the President
137 of the Senate, with not more than two of the persons appointed
138 as members being members of the same political party;

HC2061X3
139 (e) Four members of the public appointed by the Governor,
140 with each such member having a law enforcement background.
141 (2) The Speaker of the House of Representatives, the
142 President of the Senate, and the Governor shall make their
143 initial appointments to the Law Enforcement Training Funding
144 Study Commission not later than thirty days after the effective
145 date of this Section.
146 (3) If an appointed member of the Law Enforcement Training
147 Funding Study Commission ceases to hold the position that led to
148 the member's appointment, the member is disqualified and a
149 vacancy occurs. Vacancies of appointed members shall be filled
150 in the same manner as original appointments.
151 (4) The Law Enforcement Training Funding Study Commission
152 shall hold its first meeting not later than thirty days after
153 the effective date of this section, regardless of whether all
154 members have been appointed under division (B)(2) of this
155 section. At its first meeting, the Commission shall select a
156 chairperson, and also shall select a vice-chairperson to perform
157 in the absence of the chairperson. The Commission shall adopt
158 procedures to govern its proceedings and shall meet as necessary
159 at the call of the chairperson or on the written request of a
160 majority of its members. A majority of serving Commission
161 members constitutes a quorum. Formal recommendations shall be
162 made by a vote of a majority of the quorum present. Commission

HC2061X3
163 meetings shall be open to the public under section 121.22 of the
164 Revised Code. The Commission shall keep minutes of its meetings
165 as public records under section 149.43 of the Revised Code.
166 (5) Members of the Law Enforcement Training Funding Study
167 Commission shall serve without compensation.
168 (6) The Law Enforcement Training Funding Study Commission
169 shall study possible long-term methods for the provision of
170 state funding to law enforcement agencies for the training of
171 their peace officers and troopers that is required under section
172 109.803 of the Revised Code. The Commission shall evaluate the
173 plans for the pilot program established under division (A) of
174 this section as part of the study. Upon completion of the study,
175 the Commission shall prepare a report of its findings and
176 recommendations for a long-term method for the provision of
177 state funding to law enforcement agencies for the training of
178 their peace officers and troopers that is required under section
179 109.803 of the Revised Code. Not later than March 1, 2022, the
180 Commission shall submit the report to the Governor, the General
181 Assembly, the Attorney General, and the Legislative Service
182 Commission. Upon submission of the report, the Commission shall
183 cease to exist."

HC2061X3
185 SYNOPSIS
186 Attorney General
187 Sections 221.10 and 221.30
188 Appropriates $15,000,000 in FY 2022 under new DPF Fund XXXX

189 appropriation item 055XXX, Law Enforcement Reimbursement
190 Training Pilot Program.
191 Requires the appropriation item to be used by the Attorney

192 General, in accordance with division (A) of Section 701.__ of
193 H.B. 110, for state funding of the training of peace officers
194 and troopers that is required under section 109.803 of the
195 Revised Code.
196 Permits the Attorney General to use up to $25,000 of the

197 appropriated amount for administrative expenses associated with
198 the program.
199 Reappropriates, with Controlling Board approval, the

200 unexpended, unencumbered balance of the appropriation in FY 2022
201 for the same purpose in FY 2023.
202 Unclaimed Fund Remittance
203 Section 512.__
204 Creates the Law Enforcement Reimbursement Training Pilot

205 Program Fund (Fund XXXX) in the state treasury and requires the
206 Director of OBM, on July 1, 2021, or as soon as possible
207 thereafter, to request the Director of Commerce to remit
208 $15,000,000 of unclaimed funds that have been reported by
209 holders of unclaimed funds and remain unclaimed for 30 years or
210 more for deposit into Fund XXXX.
211 Funding of annual training of peace officers and troopers
212 Section 701.__
213 Requires the Attorney General to create and administer a

214 one-year pilot program for state funding of the training of
215 peace officers and troopers that is required under R.C. 109.803,
216 and specifies that the pilot program is the only state funding
217 that will be provided in calendar year 2022 for the training of
218 such peace officers and troopers that is required under that
219 section.

HC2061X3
220 Law Enforcement Training Funding Study Commission
221 Section 701.__
222 Creates the 12-member Law Enforcement Training Funding

223 Study Commission to study possible long-term methods for the
224 provision of state funding to law enforcement agencies for the
225 training of their peace officers and troopers required under
226 R.C. 109.803 and evaluate the plans for the pilot program
227 described above as part of the study; requires the Commission to
228 prepare a report of its findings, and recommendations for a
229 method, to be used after the completion of the pilot program,
230 for the provision of state funding to those law enforcement
231 agencies for the training of their peace officers and troopers
232 required under that section; requires the Commission, not later
233 than March 1, 2022, to submit the report to the Governor, the
234 General Assembly, the Attorney General, and the Legislative
235 Service Commission; and provides that upon submission of the
236 report, the Commission will cease to exist.

HC2065X1
Sub. H.B. 110
L-134-0001-3
1 In line 68867, delete "$250,000" and insert "$400,000"
3 SYNOPSIS
5 Section 291.10
6 Increases an earmark in GRF appropriation item 440527, Lead

7 Abatement, used to distribute funds to the city of Toledo for
8 lead-based paint abatement, containment, and housing
9 rehabilitation projects in the historic south neighborhoods of
10 Toledo from $250,000 each fiscal year to $400,000 each fiscal
11 year.

HC2074X1
Sub. H.B. 110
L-134-0001-3
2 "GRF 195556 TechCred Program $25,000,000 $0"
6 "TECHCRED PROGRAM
7 The foregoing appropriation item 195556, TechCred Program,
8 shall be used for the TechCred Program under section 122.178 of
9 the Revised Code."
11 SYNOPSIS
13 Sections 259.10 and 259.20
14 Appropriates $25.0 million in FY 2022 under GRF

15 appropriation item 195556, TechCred Program, to be used for the
16 TechCred Program.

HC2075
Sub. H.B. 110
L-134-0001-3
3 of Care Services, $100,000 in fiscal year 2022 shall be
4 distributed to Applewood Centers, Inc. to be used for
5 information technology operations related to telehealth and
6 electronic health records."
8 SYNOPSIS
10 Section 337.40
11 Earmarks $100,000 in FY 2022 in GRF line item 336421,

12 Continuum of Care Services, for Applewood Centers, Inc. Requires
13 funds to be used for information technology operations related
14 to telehealth and electronic health records.

HC2076
Sub. H.B. 110
L-134-0001-3
AGRCD16 and OBMCD49
1 Delete lines 64261 and 64261a
6 "XXXX 195XXX Meat Processing Investment $10,000,000 $0"
7 Program
11 "MEAT PROCESSING INVESTMENT PROGRAM
12 The foregoing appropriation item 195XXX, Meat Processing
13 Investment Program, shall be used to make grants to meat
14 processing plants for facility improvements and capacity
15 expansion, including but not limited to equipment purchases or
16 upgrades, training, and process improvements."
17 In line 75020, delete "(Fund 5XS0)" and insert "(Fund
18 XXXX)"

HC2076
20 SYNOPSIS
21 Department of Agriculture and Department of Development
22 Sections 211.10,211.20, 259.10, and 259.30
23 Eliminates the $10.0 million appropriation in FY 2022 under

24 DPF Meat Processing Investment Program Fund (Fund 5XS0) line
25 item 700675, Meat Processing Investment Program, under the
26 Department of Agriculture budget and instead appropriates
27 $10.0 million in FY 2022 under DPF Meat Processing Investment
28 Program Fund (Fund XXXX) line item 195XXX, Meat Processing
29 Investment Program, under the Department of Development budget
30 to provide grants to meat processing plants for facility
31 improvements and capacity expansion, including equipment
32 purchases or upgrades, training, and process improvements.
33 General Revenue Fund Transfer to Meat Processing Investment

34 Fund
35 Section 512.100
36 Correspondingly, changes the Meat Processing Investment

37 Fund (Fund 5XS0) to Fund XXXX as the fund to receive $10,000,000
38 cash transfer from the GRF.

HC2077
Sub. H.B. 110
L-134-0001-3
3 of Care Services, $100,000 in each fiscal year shall be
4 distributed to The Refuge, Inc. for facility improvements."
6 SYNOPSIS
8 Section 337.40
9 Earmarks $100,000 in each fiscal year in GRF appropriation

10 item 336421, Continuum of Care Services, to be distributed to
11 The Refuge, Inc. for facility improvements.

HC2079
Sub. H.B. 110
L-134-0001-3
2 "Section 755.___. (A) The Director of Transportation, in
3 consultation with the chief executive officers and legislative
4 authorities of the municipal corporations of Strongsville, North
5 Royalton, and Brunswick, shall conduct a traffic safety study
6 for the roads and highways in those municipal corporations. The
7 traffic safety study shall examine how to improve those highways
8 in ways that increase the safety and convenience of the
9 traveling public through those municipal corporations. The
10 Director of Transportation shall use up to $100,000 in fiscal
11 year 2022 from the Highway Operating Fund (Fund 7002), through
12 funding available under the federal flexible spending program,
13 to pay for the costs of the study. This amount is hereby
14 appropriated.
15 (B)(1) Not later than December 31, 2022, the Director shall
16 complete the study and submit a report of the study's findings
17 to all of the following:
18 (a) The Governor;
19 (b) The Speaker of the House of Representatives;

HC2079
20 (c) The President of the Senate;
21 (d) The chairpersons of the committees of the House of
22 Representatives and the Senate pertaining to transportation;
23 (e) The chief executive officer and the legislative
24 authority of Strongsville, North Royalton, and Brunswick
25 respectively.
26 (2) The Director may include in the report solutions for
27 the traffic safety concerns found during the study.
29 SYNOPSIS
30 Traffic safety study
31 Section 755.___
32 Requires the Director of Transportation to conduct a

33 traffic safety study for roads and highways in Strongsville,
34 North Royalton, and Brunswick, in conjunction with their chief
35 executive officers and legislative authorities.
36 Requires the Director to submit a report of the study's

37 findings (and potentially solutions to the safety concerns) to
38 the Governor, the Speaker of the House of Representatives,
39 President of the Senate, the chairpersons of the transportation
40 committees in the House and Senate, and the chief executive
41 officer and the legislative authority of Strongsville, North
42 Royalton, and Brunswick respectively.
43 Requires the Director of Transportation to use up to

44 $100,000 in fiscal year 2022 from the Highway Operating Fund
45 (Fund 7002), through funding available under the federal
46 flexible spending program, to pay for the costs of the study.

HC2080
Sub. H.B. 110
L-134-0001-3
3 of Care Services, $2,000,000 in each fiscal year shall be used
4 to support new or expand existing confidential treatment and
5 monitoring programs offered by occupational licensing boards to
6 licensed healthcare workers with mental health or substance use
7 disorders, including by allowing an occupational licensing board
8 to contract with a monitoring organization to administer a
9 confidential treatment and monitoring program, but only if the
10 organization meets all of the following requirements:
11 (1) Is organized as a not-for-profit entity and exempt from
12 federal income taxation under subsection 501(c)(3) of the
13 Internal Revenue Code;
14 (2) Contracts with or employs to serve as the
15 organization's medical director an individual who is authorized
16 under Chapter 4731. of the Revised Code to practice medicine and
17 surgery or osteopathic medicine and surgery and specializes or
18 has training and expertise in addiction medicine or psychiatry;

HC2080
19 (3) Contracts with or employs one or more individuals
20 licensed under Chapter 4732., 4757., or 4758. of the Revised
21 Code as necessary for the organization's operation."
23 SYNOPSIS
25 Section 337.40
26 Earmarks $2.0 million in each fiscal year in GRF

27 appropriation item 336421, Continuum of Care Services, to be
28 used to support new or expand existing confidential treatment
29 and monitoring programs offered by occupational licensing boards
30 for healthcare workers with mental health or substance use
31 disorders.

HC2083X1
Sub. H.B. 110
L-134-0001-3
1 In line 67380, delete the first "and"
2 In line 67381, after "Code" insert ", and the section of
3 this act entitled "FORMULA TRANSITION SUPPLEMENT"; after the
4 period insert a quotation mark
5 In line 67414, delete "FORUMLA" and insert "FORMULA"
6 In line 67465, delete "that" and insert "the"; after "year"
7 insert "for which the supplement is calculated"
8 In line 67466, delete "and"; after "3317.0212" insert ",
9 and 3317.0218"
10 In line 67478, delete "after" and insert "before"
11 In line 67479, delete ""Implementing Additional Spending
12 Controls to Balance"
13 In line 67480, delete "the State Budget""; after "2020"
14 insert ", and Executive Order 2021-01D, issued on January 22,
15 2021"
16 In line 67483, delete "after" and insert "before"
17 In line 67484, delete ""Implementing Additional Spending"

HC2083X1
18 In line 67485, delete "Controls to Balance the State
19 Budget""; after "2020" insert ", and Executive Order 2021-01D,
20 issued on January 22, 2021"
21 In line 67494, after "Code" insert "as that section existed
22 for payments for fiscal year 2021"
23 In line 67504, after "Assembly" insert ", before any
24 funding reductions authorized by Executive Order 2020-19D,
25 issued on May 7, 2020, and Executive Order 2021-01D, issued on
26 January 22, 2021"
27 In line 67512, after "Assembly" insert ", before any
28 funding reductions authorized by Executive Order 2020-19D,
29 issued on May 7, 2020, and Executive Order 2021-01D, issued on
30 January 22, 2021"
31 In line 67533, delete "that" and insert "the"; after "year"
32 insert "for which the supplement is calculated"
33 In line 67550, after "Code" insert "as that section existed
34 for payments for fiscal year 2021"
36 "(C)(1) For fiscal years 2022 and 2023, the Department of
37 Education shall pay a formula transition supplement to each
38 community school established under Chapter 3314. of the Revised
39 Code according to the following formula:
40 [(The school's funding base for fiscal year 2021 / the
41 number of students enrolled in the school for fiscal year 2021)

HC2083X1
42 – (the school's payments for the fiscal year for which the
43 supplement is calculated under division (C)(1) of section
44 3314.08 of the Revised Code and division (D)(1) of section
45 3314.091 of the Revised Code / the number of students enrolled
46 in the school for the fiscal year for which the supplement is
47 calculated)] X the number of students enrolled in the school for
48 the fiscal year for which the supplement is calculated.
49 If the computation made under division (C)(1) of this
50 section for a fiscal year results in a negative number, the
51 school's formula transition supplement for that fiscal year
52 shall be zero.
53 (2) For purposes of division (C)(1) of this section, a
54 community school's "funding base for fiscal year 2021" means the
55 sum of the following:
56 (a) The amount calculated for the school for fiscal year
57 2021 under division (C)(1) of section 3314.08 of the Revised
58 Code as that section existed for payments for fiscal year 2021,
59 before any funding reductions authorized by Executive Order
60 2020-19D, issued on May 7, 2020, and Executive Order 2021-01D,
61 issued on January 22, 2021;
62 (b) The amount calculated for the school for fiscal year
63 2021 under section 3314.085 of the Revised Code as that section
64 existed for payments for fiscal year 2021;

HC2083X1
65 (c) The amount calculated for the school for fiscal year
66 2021 under division (D)(1) of section 3314.091 of the Revised
67 Code as that division existed for payments for fiscal year 2021;
68 (d) The amount calculated for the school for fiscal year
70 existed for payments for fiscal year 2021.
71 (D)(1) For fiscal years 2022 and 2023, the Department of
72 Education shall pay a formula transition supplement to each
73 science, technology, engineering, and mathematics school
74 established under Chapter 3326. of the Revised Code according to
75 the following formula:
76 [(The school's funding base for fiscal year 2021 / the
77 number of students enrolled in the school for fiscal year 2021)
78 – (the school's payments for the fiscal year for which the
79 supplement is calculated under division (A) of section 3326.33
80 of the Revised Code / the number of students enrolled in the
81 school for the fiscal year for which the supplement is
82 calculated)] X the number of students enrolled in the school for
83 the fiscal year for which the supplement is calculated.
84 If the computation made under division (D)(1) of this
85 section for a fiscal year results in a negative number, the
86 school's formula transition supplement for that fiscal year
87 shall be zero.

HC2083X1
88 (2) For purposes of division (D)(1) of this section, a
89 science, technology, engineering, and mathematics school's
90 "funding base for fiscal year 2021" means the sum of the
91 following:
92 (a) The amount calculated for the school for fiscal year
94 existed for payments for fiscal year 2021, before any funding
95 reductions authorized by Executive Order 2020-19D, issued on May
96 7, 2020, and Executive Order 2021-01D, issued on January 22,
97 2021;
98 (b) The amount calculated for the school for fiscal year
100 existed for payments for fiscal year 2021;
101 (c) The amount calculated for the school for fiscal year
103 existed for payments for fiscal year 2021."
105 insert "$1,283,400,000 $1,287,400,000"
106 In line 66263, add $70,000,000 to fiscal year 2022 and add
107 $45,000,000 to fiscal year 2023
108 In line 66294, add $70,000,000 to fiscal year 2022 and add
109 $45,000,000 to fiscal year 2023
110 In line 67946, after "Management" insert "shall transfer
111 $12,500,000 cash in fiscal year 2022 and $45,000,000 cash in

HC2083X1
112 fiscal year 2023 from Fund 7018 to the Lottery Profits Education
113 Fund (Fund 7017). The Director"; after "transfer" insert
114 "additional"
115 In line 67947, delete "the Lottery Profits Education Fund
116 ("; delete ")"
117 In line 67952, delete "$1,177,000,000" and insert
118 "$1,234,500,000"
119 In line 67961, delete "may" and insert "shall"
121 SYNOPSIS
122 Formula transition supplement for districts
123 Section 265.225(A) and (B)
124 Requires, for purposes of calculating the formula

125 transition supplement for city, local, exempted village, and
126 joint vocational school districts paid under the substitute
127 bill, that a district's foundation aid is calculated before any
128 state budget reductions ordered by the Governor (rather than
129 after as under the bill).
130 Makes technical corrections to the payment language for the

131 supplement.
132 (The substitute bill requires the Department of Education

133 to pay a formula transition supplement to each district for
134 FY 2022 and FY 2023 to guarantee that the district's total
135 foundation funding for those fiscal years does not fall below
136 its combined funding for FY 2021 for foundation aid, student
137 wellness and success funds and enhancement funds, and, in the
138 case of a city, local, or exempted village school district, the
139 enrollment growth supplement.)

HC2083X1
140 Formula transition supplement for community schools and

141 STEM schools
142 Section 265.225(C) and (D)
143 Requires payment of a formula transition supplement to each

144 community school and STEM school for FY 2022 and FY 2023 to
145 guarantee that the school's foundation funding on a per-pupil
146 basis for those fiscal years does not fall below its funding for
147 FY 2021 before any state budget reductions ordered by the
148 Governor, its student wellness and success funds and enhancement
149 funds, and, in the case of a community school, its
150 transportation payments.
152 Sections 265.10, 265.210, and 265.350
153 Increases SLF Fund 7017 appropriation item 200612,

154 Foundation Funding, by $70,000,000 in FY 2022 and by $45,000,000
155 in FY 2023.
156 Specifies that GRF appropriation item 200550, Foundation

157 Funding, be used to pay the formula transition supplement for
158 community and STEM schools.
159 Requires the Director of Budget and Management to transfer

160 $12,500,000 cash in FY 2022 and $45,000,000 cash in FY 2023 from
161 the Lottery Profits Education Reserve Fund (Fund 7018) to the
162 Lottery Profits Education Fund (Fund 7017).
163 Increases by $57,500,000 the threshold of lottery profits

164 deposited into Fund 7017 above which the Director of the Ohio
165 Lottery Commission must certify any excess to the Director of
166 Budget and Management.
167 Requires, rather than permits as in the House substitute

168 bill, the Director of Budget and Management to transfer cash in
169 excess of the amounts necessary to support appropriations in
170 Fund 7017 from that fund to Fund 7018.

HC2091
Sub. H.B. 110
L-134-0001-3
1 In line 68474, delete "$1,946,515 $1,946,515" and insert
2 "$2,120,515 $2,120,515"
6 SYNOPSIS
7 Ohio Ethics Commission
8 Section 283.10
9 Increases GRF appropriation item 146321, Operating

10 Expenses, by $174,000 in each fiscal year.

HC2092X1
Sub. H.B. 110
L-134-0001-3
2 "122.851,"
4 After line 5931 insert:
5 "Sec. 122.851. (A) As used in this section:
6 (1) "Venture capital operating company" has the same
7 meaning as in 29 C.F.R. 2510.3-101.
8 (2) "Ohio venture capital operating company" means a
9 venture capital operating company certified by the director of
10 development as having met the requirements prescribed by
11 division (B) of this section. A venture capital operating
12 company is an Ohio venture capital operating company only for so
13 long as the certification is valid.
14 (3) "Ohio business" means a business that, in either the
15 calendar year in which a capital gain from the business is
16 recognized by the Ohio venture capital operating company or its
17 direct or indirect investors or the calendar year in which the
18 Ohio venture capital operating company distributes an equity
19 interest or security in the business, has its headquarters in

HC2092X1
20 this state and employs more than one-half of the total number of
21 its full-time equivalent employees in this state. For the
22 purpose of this section, an employee is employed in this state
23 if the business is required to withhold income tax under section
24 5747.06 of the Revised Code for fifty per cent or more of the
25 compensation paid to the employee in either the calendar year in
26 which the Ohio venture capital operating company or its direct
27 or indirect investors recognize a capital gain from the business
28 or the calendar year in which the Ohio venture capital operating
29 company distributes an equity interest or security in the
30 business, as applicable.
31 (4) "Qualifying interest" means a direct or indirect
32 ownership interest acquired through an investment of cash or
33 cash equivalent made in, or the provision of services to, a
34 venture capital operating company during the period for which it
35 was certified as an Ohio venture capital operating company.
36 (B)(1) A venture capital operating company may apply to the
37 director of development for certification as an Ohio venture
38 capital operating company if it manages, or has capital
39 commitments of, at least fifty million dollars in active assets
40 and at least two-thirds of its managing and general partners are
41 residents of Ohio under division (I) of section 5747.01 of the
42 Revised Code. The director, in consultation with the tax
43 commissioner, shall prescribe the form and manner of the

HC2092X1
44 application and the information or documentation required to be
45 submitted with the application.
46 (2) The director shall review and make a determination with
47 respect to each application submitted under this division within
48 sixty days of receipt. The director shall grant certification to
49 any applicant that meets the criteria prescribed by this
50 division. The director shall decline certification of any
51 applicant that does not meet such criteria. The director shall
52 notify the applicant and the tax commissioner of the director's
53 determination in writing.
54 (C)(1) Certification as an Ohio venture capital operating
55 company is valid for as long as the company continues to qualify
56 as a venture capital operating company and meets the criteria
57 prescribed by division (B)(1) of this section.
58 (2) A company that no longer qualifies as a venture capital
59 operating company or no longer meets the criteria prescribed by
60 division (B)(1) of this section shall notify the director within
61 thirty days of the date the company ceases to qualify.
62 (3) Upon receiving such a notification or upon otherwise
63 discovering that an Ohio venture capital operating company no
64 longer qualifies for certification, the director shall issue a
65 written notice of revocation to the venture capital operating
66 company and the tax commissioner. The notice shall state the
67 effective date of the revocation, which shall be the date the

HC2092X1
68 company ceased to qualify for certification as an Ohio venture
69 capital operating company.
70 (4) An Ohio venture capital operating company receiving
71 such a notice may contest the director's decision to revoke its
72 certification or the effective date of that revocation by
73 submitting additional information or documentation to the
74 director and requesting reconsideration in writing within thirty
75 days of the notice of revocation based on that information or
76 documentation. The director shall review and evaluate any such
77 requests within thirty days of receipt. The director shall
78 notify the company and tax commissioner in writing of the
79 director's decision on the request, which shall not be subject
80 to appeal or further review.
81 (D)(1) On or after the first day of January and on or
82 before the first day of February of each year, a company that is
83 certified as an Ohio venture capital operating company shall
84 provide the following information, on forms prescribed by the
85 director of development, to the director and the tax
86 commissioner:
87 (a) The name, social security or federal employer
88 identification number, and ownership percentage of each person
89 with a qualifying interest in the company;

HC2092X1
90 (b) The amount of capital gains generated during the
91 portion of the previous calendar year during which the company
92 was certified as an Ohio venture capital operating company;
93 (c) A description of the company's investments that
94 generated the capital gains described in division (D)(1)(b) of
95 this section, including the date of sale and whether the
96 investment was in an Ohio business;
97 (d) The amount of, and basis in, any equity interests or
98 securities distributed to each investor, arranged by entity,
99 while the company was certified as an Ohio venture capital
100 operating company and whether the entity is an Ohio business;
101 (e) Any other information the director, in consultation
102 with the tax commissioner, considers relevant and necessary to
103 administer the deduction allowed under division (A)(35) of
104 section 5747.01 of the Revised Code.
105 (2) The director shall review the information submitted
106 under division (D)(1) of this section by an Ohio venture capital
107 operating company within sixty days of receipt. If the company
108 generated capital gains that qualify for the deduction allowed
109 under division (A)(35) of section 5747.01 of the Revised Code or
110 distributed equity interests or securities that, when sold, will
111 qualify for the deduction once income is recognized from its
112 disposition, the director shall issue a certificate to the

HC2092X1
113 company. The certificate shall include a unique number and the
114 following information:
115 (a) The total amount of capital gains generated during the
116 portion of the year during which the company was certified as an
117 Ohio venture capital operating company;
118 (b) The portion of the capital gains attributable to the
119 company's investments in Ohio businesses; and
120 (c) The total amount of, and basis in, any equity interests
121 or securities distributed during the portion of the year during
122 which the company was certified as an Ohio venture capital
123 operating company;
124 (d) The portion of the distributed equity interests or
125 securities attributable to the company's investments in Ohio
126 businesses;
127 (e) The portion of the amounts described in divisions
128 (D)(2)(a) and (b) of this section attributable to each
129 individual with a qualifying interest in the company;
130 (f) Any other information the director or tax commissioner
131 considers necessary for the administration of the deduction
132 allowed under division (A)(35) of section 5747.01 of the Revised
133 Code.
134 (E) An Ohio venture capital operating company shall provide
135 each person with a qualifying interest in the company with a
136 copy of the certificate issued under division (D) of this

HC2092X1
137 section and any other documentation necessary to compute the
138 adjustments under division (A)(35) of section 5747.01 of the
139 Revised Code. A pass-through entity that receives a certificate
140 issued under this division from an Ohio venture capital
141 operating company shall provide its investors with a copy of the
142 certificate and any other documentation necessary to compute the
143 adjustments under division (A)(35) of section 5747.01 of the
144 Revised Code.
145 A taxpayer claiming a deduction under division (A)(35)(a)
146 of section 5747.01 of the Revised Code shall provide, upon
147 request of the tax commissioner, a copy of that certificate. The
148 taxpayer shall retain a copy of the certificate for four years
149 from the later of the final filing date of the return on which
150 the deduction was claimed or the date the return on which the
151 deduction was claimed is filed.
152 (F) The director of development, in consultation with the
153 tax commissioner, may adopt rules in accordance with Chapter
154 119. of the Revised Code as are necessary to administer this
155 section."
156 In line 56145, after the first comma insert "deductions,"
157 In line 56154, after the first comma insert "deductions,"
158 After line 58690 insert:
159 "(35)(a) For taxable years beginning in or after 2026,
160 deduct, to the extent not otherwise deducted or excluded in

HC2092X1
161 computing federal or Ohio adjusted gross income for the taxable
162 year:
163 (i) One hundred per cent of the capital gain received by
164 the taxpayer in the taxable year from a qualifying interest in
165 an Ohio venture capital operating company attributable to the
166 company's investments in Ohio businesses during the period for
167 which the company was an Ohio venture operating company; and
168 (ii) Fifty per cent of the capital gain received by the
169 taxpayer in the taxable year from a qualifying interest in an
170 Ohio venture capital operating company attributable to the
171 company's investments in all other businesses during the period
172 for which the company was an Ohio venture operating company.
173 (b) Add amounts previously deducted by the taxpayer under
174 division (A)(35)(a) of this section if the director of
175 development certifies to the tax commissioner that the
176 requirements for the deduction were not met.
177 (c) All terms used in division (A)(35) of this section have
178 the same meanings as in section 122.851 of the Revised Code.
179 (d) To the extent a capital gain described in division
180 (A)(35)(a) of this section is business income, the taxpayer
181 shall apply that division before applying division (A)(28) of
182 this section."

HC2092X1
184 SYNOPSIS
185 Venture capital gains income tax deduction
186 R.C. 122.851, 5703.21(C)(16), and 5747.01(A)(35)
187 For taxable years beginning in and after 2026, authorizes

188 an income tax deduction for all or a portion of capital gains
189 received by investors in certain Ohio-based "venture capital
190 operating companies" (VCOCs) certified by the Director of
191 Development. The amount of gains that may be deducted depends on
192 whether or not they are attributable to the VCOC's investments
193 in qualifying Ohio businesses.

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HC2081 OMNIBUS

Sub. H.B. 110

_______________________________ moved to amend as follows:

Engross the bill as directed by the commands in the

The following amendments are attached hereto:

Amendment No. Subject

HC1461-1 Department of Education – Nonpublic

Automatic closure of community

Department of Education – Auxiliary

Waive automatic withdrawal of

Tangible personal property

Policy for nonpublic school

HC1482 Serving of alcohol during bingo

Legislative Service Commission -1- 134HB110-HC2081 OMNIBUS/rs

Amendment No. Subject

HC1486 Reinstatement of liquor permits

HC1487-2 State Pay for Success Contract

Department of Job and Family

Use of eminent domain to provide

Streamlining County Level –

Auditor of State; Chief Deputy

U.S. Power Squadron License Plate

Auditor of State – administrative

Registration tax and fee waiver for

HC1522 Liquor and wine permit changes

Transfer of residential facility

Legislative Service Commission -2- 134HB110-HC2081 OMNIBUS/rs

Amendment No. Subject

HC1531-2 Oil and Gas Leasing Commission

Department of Development – Medina

ADAMHS board composition and

Department of Veterans Services –

Income tax deduction for capital

JCARR review of Department of

Lake Erie Commission – Rollover

Tangible personal property (TPP)

HC1613 ADAMHS boards

Department of Development – Grants

Dispensing controlled substances in

Legislative Service Commission -3- 134HB110-HC2081 OMNIBUS/rs

Amendment No. Subject

Department of Medicaid - Ohio

Department of Higher Education –

HC1639 Autism Scholarship Program

Public Defender Commission – State

Regional council of governments

Department of Health – Lupus

Common ownership test for CAT

Pollution control facility tax

Environmental Protection Agency –

HC1692-3 Department of Agriculture – H2Ohio

Medicaid Cost Assurance Pilot

Legislative Service Commission -4- 134HB110-HC2081 OMNIBUS/rs

Amendment No. Subject

Joint venture title insurance

Department of Job and Family

HC1723 Medication coverage switching

Soil and water district