As Introduced
136th General Assembly
Regular Session H. B. No. 26
2025-2026
Representatives Williams, Fischer
Cosponsors: Representatives Gross, Hall, T., Johnson, Mathews, T., Lear, Miller,
K., Klopfenstein, Hiner, Bird, Schmidt, King, Fowler Arthur, Robb Blasdel
A B I LL
To amend sections 9.63, 4501.06, 5747.50, 5747.502,
5747.51, and 5747.53 and to enact sections
9.631, 9.632, 9.633, and 5747.504 of the Revised
Code to require state and local authorities to
cooperate with the federal government in the
enforcement of immigration laws, to prescribe
funding reductions for noncompliance, to name
this act the Protecting Ohio Communities Act,
and to declare an emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 9.63, 4501.06, 5747.50, 5747.502,
5747.51, and 5747.53 be amended and sections 9.631, 9.632,
9.633, and 5747.504 of the Revised Code be enacted to read as
follows:
Sec. 9.63. (A) Notwithstanding any law, ordinance, or
collective bargaining contract to the contrary, no state or
local employee shall unreasonably fail to comply with any lawful
request for assistance made by any federal authorities carrying
out the provisions of the USA Patriot Act, any federal
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immigration or terrorism investigation, or any executive order
of the president of the United States pertaining to homeland
security, to the extent that the request is consistent with the
doctrine of federalism.
(B) No municipal corporation shall enact an ordinance,
policy, directive, rule, or resolution that would materially
hinder or prevent local employees from complying with the USA
Patriot Act or any executive order of the president of the
United States pertaining to homeland security or from
cooperating with state or federal immigration services and
terrorism investigations.
(C)(1) Any municipal corporation that enacts any
ordinance, policy, directive, rule, or resolution that division
(B) of this section prohibits is ineligible to receive any
homeland security funding available from the state.
(2) Whenever the director of public safety determines that
a municipal corporation has enacted any ordinance, policy,
directive, rule, or resolution that division (B) of this section
prohibits, the director shall certify that the municipal
corporation is ineligible to receive any homeland security
funding from the state and shall notify the general assembly of
that ineligibility. That municipal corporation shall remain
ineligible to receive any homeland security funding from the
state until the director certifies that the ordinance, policy,
directive, rule, or resolution has been repealed.
(D)(1) If a state or local employee states disagreement
with, or a critical opinion of, the USA Patriot Act, any federal
immigration or terrorism policy, or any executive order of the
president of the United States pertaining to homeland security,
the statement of disagreement with or critical opinion of the
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act or order is not sufficient to qualify for purposes of this
section as unreasonable noncompliance with a request for
assistance of the type division (A) of this section describes.
(2) Any municipal corporation's ordinance, policy,
directive, rule, or resolution that states disagreement with, or
a critical opinion of, any state or federal immigration or
terrorism policy, the USA Patriot Act, or any executive order of
the president of the United States pertaining to homeland
security is not sufficient to qualify as a "material hindrance
or prevention" of local employees from cooperating with federal
immigration services and terrorism investigations or from
complying with the USA Patriot Act or any executive order of the
president of the United States pertaining to homeland security
for purposes of divisions (B), (C), and (D) of this section.
(E) As used in this section, "USA Patriot Act" means the
"Uniting and Strengthening America by Providing Appropriate
Tools Required to Intercept and Obstruct Terrorism (USA Patriot
Act) Act of 2001," Pub. L. No. 107-056, 115 Stat. 272, as
amended.
Sec. 9.631. (A) As used in this section and sections 9.632
and 9.633 of the Revised Code:
(1) "Law enforcement agency" means a municipal or township
police department, the office of a sheriff, the state highway
patrol, or any other state or local governmental body that
enforces criminal laws and that has employees who have a
statutory power of arrest.
(2) "Political subdivision" means a county, township,
municipal corporation, or any other body corporate and politic
that is responsible for government activities in a geographic
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area smaller than that of the state.
(3) "State or local governmental entity" means any agency,
board, bureau, commission, council, department, division,
office, or other organized body established by the state or a
political subdivision for the exercise of any function of the
state or a political subdivision.
(4) "State or local public benefit" has the same meaning
as in division (c) of section 411 of the "Personal
Responsibility and Work Opportunity Reconciliation Act of 1996,"
8 U.S.C. 1621(c), as amended.
(B) A law enforcement agency shall do all of the
following:
(1) Participate in any available program operated by the
United States department of homeland security or its successor
department that allows the law enforcement agency to submit to
federal authorities information about an arrestee in order to
enable those authorities to determine whether the arrestee is
unlawfully present in the United States;
(2) Immediately report the identity of any arrestee whom a
peace officer has reasonable cause to believe is unlawfully
present in the United States to the appropriate office of the
United States immigration and customs enforcement agency or its
successor agency;
(3) Detain a person who is unlawfully present in the
United States, upon receiving a lawful federal request or order
to do so, until the person is transferred into federal custody;
(4) Otherwise cooperate and comply with federal officials
in the enforcement of federal immigration law.
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(C)(1) Each state or local governmental entity
administering a state or local public benefit shall comply with
section 411 of the "Personal Responsibility and Work Opportunity
Reconciliation Act of 1996," 8 U.S.C. 1621, as amended.
(2) Except as otherwise provided in division (C)(3) of
this section, whenever a person who is not a United States
citizen or national applies to a state or local governmental
entity for a state or local public benefit, the state or local
governmental entity shall verify whether the person is
ineligible for the benefit under section 411 of the "Personal
Responsibility and Work Opportunity Reconciliation Act of 1996,"
8 U.S.C. 1621, as amended, using the systematic alien
verification for entitlements (SAVE) program, or its successor
program, operated by the United States department of homeland
security or its successor agency.
(3) Division (C)(2) of this section does not apply when a
person applies for a state or local public benefit described in
division (b) of section 411 of the "Personal Responsibility and
Work Opportunity Reconciliation Act of 1996," 8 U.S.C. 1621, as
amended, or for a state or local public benefit for which the
Revised Code affirmatively provides eligibility for persons
described in division (a) of that section.
(D) No state or local government agency or political
subdivision shall adopt an ordinance, policy, directive, rule,
or resolution that prohibits or otherwise restricts a public
official or employee from doing any of the following:
(1) Complying with the requirements of division (B) or (C)
of this section;
(2) Inquiring about a person's name, birthdate, place of
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birth, or citizenship or immigration status in the course of
investigating or prosecuting a violation of any law or
ordinance;
(3) Maintaining information about a person's citizenship
or immigration status;
(4) Sending information to, or requesting or receiving
information from, a federal, state, or local government agency
or employee concerning a person's citizenship or immigration
status or for the purpose of determining a person's citizenship
or immigration status;
(5) Complying with any request by a federal agency engaged
in the enforcement of federal immigration law for information,
access, or assistance, regardless of whether the federal agency
has obtained a warrant to compel the state or local government
agency or political subdivision to comply with the request,
unless federal law prohibits the state or local government
agency or political subdivision from complying with the request.
Sec. 9.632. (A) Each law enforcement agency and each state
or local governmental entity that administers a state or local
public benefit shall notify its officers and employees of the
requirements of sections 9.63 and 9.631 of the Revised Code.
(B)(1) A member of the general assembly who believes that
a county, township, or municipal corporation or the law
enforcement agency that serves the county, township, or
municipal corporation is not complying with the requirements of
section 9.631 of the Revised Code may file a complaint with the
attorney general. Upon receiving the complaint, the attorney
general shall investigate whether the county, township,
municipal corporation, or law enforcement agency is complying
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with the requirements of that section and shall submit a report
of the attorney general's findings to the treasurer of state and
to the tax commissioner.
(2) If the attorney general determines that a county,
township, municipal corporation, or law enforcement agency
originally reported as failing to comply with the requirements
of section 9.631 of the Revised Code is in compliance with those
requirements, the attorney general promptly shall issue an
addendum to the attorney general's original report concerning
that county, township, municipal corporation, or law enforcement
agency to the persons who received the original report.
(C) If the attorney general determines that a county,
township, or municipal corporation or the law enforcement agency
that serves the county, township, or municipal corporation is
not in compliance with the requirements of section 9.631 of the
Revised Code, then the county, township, or municipal
corporation is ineligible to receive homeland security funding
and required to receive reduced local government fund
distributions from the state under section 5747.504 of the
Revised Code until the attorney general certifies in an addendum
issued under division (B)(2) of this section that the county,
township, municipal corporation, or law enforcement agency is in
compliance with the requirements of that section.
Sec. 9.633. A county, township, or municipal corporation
shall submit a report annually to the attorney general
confirming the county, township, or municipal corporation is in
compliance with sections 9.63, 9.631, and 9.632 of the Revised
Code.
Sec. 4501.06. The taxes, fees, and fines levied, charged,
or referred to in Chapters 4501., 4503., 4504., 4505., 4506.,
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4507., 4509., 4510., 4511., 4517., 4519., and 4521., division
(A) of section 4508.06, and sections 2935.27, 3123.59, 4508.05,
4513.53, 4738.06, 4738.13, and 5502.12, and 5747.504 of the
Revised Code, unless otherwise designated by law, shall be
deposited in the state treasury to the credit of the public
safety - highway purposes fund, which is hereby created. Money
credited to the fund shall be used for the purpose of enforcing
and paying the expenses of administering the laws relative to
the registration and operation of motor vehicles on the public
roads or highways and to the powers and duties of the registrar
of motor vehicles. Amounts credited to the fund may also be used
to pay the expenses of administering and enforcing the laws
under which such fees were collected. All investment earnings of
the public safety - highway purposes fund shall be credited to
the fund.
Sec. 5747.50. (A) As used in this section:
(1) "County's proportionate share of the calendar year
2007 LGF and LGRAF distributions" means the percentage computed
for the county under division (B)(1)(a) of section 5747.501 of
the Revised Code.
(2) "County's proportionate share of the total amount of
the local government fund additional revenue formula" means each
county's proportionate share of the state's population as
determined for and certified to the county for distributions to
be made during the current calendar year under division (B)(2)
(a) of section 5747.501 of the Revised Code. If prior to the
first day of January of the current calendar year the federal
government has issued a revision to the population figures
reflected in the estimate produced pursuant to division (B)(2)
(a) of section 5747.501 of the Revised Code, such revised
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population figures shall be used for making the distributions
during the current calendar year.
(3) "2007 LGF and LGRAF county distribution base available
in that month" means the lesser of the amounts described in
division (A)(3)(a) and (b) of this section, provided that the
amount shall not be less than zero:
(a) The total amount available for distribution to
counties from the local government fund during the current
month.
(b) The total amount distributed to counties from the
local government fund and the local government revenue
assistance fund to counties in calendar year 2007 less the total
amount distributed to counties under division (B)(1) of this
section during previous months of the current calendar year.
(4) "Local government fund additional revenue distribution
base available during that month" means the total amount
available for distribution to counties during the month from the
local government fund, less any amounts to be distributed in
that month from the local government fund under division (B)(1)
of this section, provided that the local government fund
additional revenue distribution base available during that month
shall not be less than zero.
(5) "Total amount available for distribution to counties"
means the total amount available for distribution from the local
government fund during the current month less the total amount
available for distribution to municipal corporations during the
current month under division (C) of this section.
(B) On or before the tenth day of each month, the tax
commissioner shall provide for payment to each county an amount
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equal to the sum of:
(1) The county's proportionate share of the calendar year
2007 LGF and LGRAF distributions multiplied by the 2007 LGF and
LGRAF county distribution base available in that month, provided
that if the 2007 LGF and LGRAF county distribution base
available in that month is zero, no payment shall be made under
division (B)(1) of this section for the month or the remainder
of the calendar year; and
(2) The county's proportionate share of the total amount
of the local government fund additional revenue formula
multiplied by the local government fund additional revenue
distribution base available during that month.
Money received into the treasury of a county under this
division shall be credited to the undivided local government
fund in the treasury of the county on or before the fifteenth
day of each month. On or before the twentieth day of each month,
the county auditor shall issue warrants against all of the
undivided local government fund in the county treasury in the
respective amounts allowed as provided in section 5747.51 of the
Revised Code, and the treasurer shall distribute and pay such
sums to the subdivision therein.
(C)(1) As used in division (C) of this section:
(a) "Total amount available for distribution to
municipalities during the current month" means the difference
obtained by subtracting one million dollars from the product
obtained by multiplying the total amount available for
distribution from the local government fund during the current
month by the aggregate municipal share.
(b) "Aggregate municipal share" means the quotient
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obtained by dividing the total amount distributed directly from
the local government fund to municipal corporations during
calendar year 2007 by the total distributions from the local
government fund and local government revenue assistance fund
during calendar year 2007.
(c) A municipal corporation's "distribution share" equals
one of the following:
(i) For municipal corporations with a population of more
than fifty thousand, fifty thousand;
(ii) For municipal corporations with a population of less
than one thousand, zero;
(iii) For all other municipal corporations, the municipal
corporation's population.
(d) A municipal corporation's "distribution percentage"
equals the percentage that a municipal corporation's
distribution share is of the total of all municipal
corporations' distribution shares.
(2) On or before the tenth day of each month, the tax
commissioner shall provide for payment from the local government
fund to each municipal corporation an amount equal to the
product derived by multiplying the municipal corporation's
distribution percentage by the total amount available for
distribution to municipal corporations during the current month.
(3) Payments received by a municipal corporation under
this division shall be paid into its general fund and may be
used for any lawful purpose.
(4) The amount distributed to municipal corporations under
this division during any calendar year shall not exceed the
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amount distributed directly from the local government fund to
municipal corporations during calendar year 2007. If that
maximum amount is reached during any month, distributions to
municipal corporations in that month shall be as provided in
divisions (C)(1) and (2) of this section, but no further
distributions shall be made to municipal corporations under
division (C) of this section during the remainder of the
calendar year.
(5) Upon being informed of a municipal corporation's
dissolution, the tax commissioner shall cease providing for
payments to that municipal corporation under division (C) of
this section. The proportionate shares of the total amount
available for distribution to each of the remaining municipal
corporations under this division shall be increased on a pro
rata basis.
The tax commissioner shall reduce payments under division
(C) of this section to municipal corporations for which reduced
payments are required under section 5747.502 or 5747.504 of the
Revised Code.
(D) Each municipal corporation which has in effect a tax
imposed under Chapter 718. of the Revised Code shall, no later
than the thirty-first day of August of each year, certify to the
tax commissioner, on a form prescribed by the commissioner, the
amount of income tax revenue collected and refunded by such
municipal corporation pursuant to such chapter during the
preceding calendar year, arranged, when possible, by the type of
income from which the revenue was collected or the refund was
issued. The municipal corporation shall also report the amount
of income tax revenue collected and refunded on behalf of a
joint economic development district or a joint economic
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development zone that levies an income tax administered by the
municipal corporation and the amount of such revenue distributed
to contracting parties during the preceding calendar year. The
tax commissioner may withhold payment of local government fund
moneys pursuant to division (C) of this section from any
municipal corporation for failure to comply with this reporting
requirement.
(E)(1) For the purposes of division (E) of this section:
(a) "Eligible taxing district" means a township, township
fire district, or joint fire district for which the total
taxable value of eligible power plants for tax year 2017 is at
least thirty per cent less than the total taxable value of
eligible power plants for tax year 2016.
(b) "Eligible power plant" means a power plant that is
subject to the requirements of 10 C.F.R. part 73.
(c) "Total taxable value of eligible power plants" of an
eligible taxing district means the total taxable value of the
taxable property of eligible power plants apportioned to the
district as shown in a preliminary assessment or amended
preliminary assessment and listed on the tax list of real and
public utility property.
(d) "Taxable property" has the same meaning as in section
5727.01 of the Revised Code.
(e) "Tax rate" of an eligible taxing district means one of
the following:
(i) For townships, the sum of the rates of levies imposed
under section 505.39, 505.51, or division (I), (J), (U), or (JJ)
of section 5705.19 of the Revised Code and extended on the tax
list of real and public utility property for tax year 2017,
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excluding any levy imposed at whatever rate is required to raise
a fixed sum of money;
(ii) For township fire districts and joint fire districts,
the sum of the rates of levies extended on the tax list of real
and public utility property for tax year 2017, excluding any
levy imposed at whatever rate is required to raise a fixed sum
of money.
(2) Each fiscal year from fiscal year 2018 through fiscal
year 2028, the tax commissioner shall compute the following
amount for each eligible taxing district:
(a) For fiscal years 2018 and 2019, the amount obtained by
multiplying the eligible taxing district's tax rate by the
difference obtained by subtracting (i) the total taxable value
of eligible power plants of the district for tax year 2017 from
(ii) the total taxable value of eligible power plants of the
district for tax year 2016;
(b) For fiscal years 2020 through 2028, ninety per cent of
the amount calculated for the district under division (E)(2)(a)
or (b) of this section for the preceding fiscal year.
The commissioner shall certify the sum of the amounts
calculated for all eligible taxing districts under this division
for a fiscal year to the director of budget and management who,
on or before the seventh day of each month of that fiscal year,
shall transfer from the general revenue fund to the local
government fund one-twelfth of the amount certified.
(3) On or before the tenth day of each month, the tax
commissioner shall provide for payment to each county treasury
in which an eligible taxing district is located an amount equal
to one-twelfth of the amount computed for the district for that
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fiscal year under division (E)(2) of this section.
Money received into the treasury of a county under
division (E) of this section shall be credited to the undivided
local government fund in the treasury of the county on or before
the fifteenth day of each month. On or before the twentieth day
of each month, the county auditor shall issue warrants against
the undivided local government fund for the amounts attributable
to each eligible taxing district, and the treasurer shall
distribute and pay such amounts to each eligible taxing
district. Money received by a township fire district or joint
fire district under this division shall be credited to the
district's general fund and may be used for any lawful purpose
of the district. Money received by a township under this
division shall be credited to the township's general fund and
shall be used for the purpose of funding fire, police, emergency
medical, or ambulance services.
Sec. 5747.502. (A) As used in this section:
(1) "Local authority" and "traffic law photo-monitoring
device" have the same meanings as in section 4511.092 of the
Revised Code.
(2) "School zone" has the same meaning as in section
4511.21 of the Revised Code.
(3) "Transportation district" means a territorial district
established by the director of transportation under section
5501.14 of the Revised Code.
(4) "District deputy director" means the person appointed
and assigned by the director of transportation under section
5501.14 of the Revised Code to administer the activities of a
transportation district.
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(5) "Gross amount" means the entire amount of traffic
camera fines and fees paid by a driver.
(6) "Local government fund adjustment" or "LGF adjustment"
means the sum of:
(a) The gross amount of all traffic camera fines collected
by a local authority during the preceding fiscal year, as
reported under division (B)(1) of this section, if such a report
is required; plus
(b) The residual adjustment computed for the local
authority under division (B)(4) of this section, if such an
adjustment applies.
(7) "Local government fund payments" or "LGF payments"
means the payments a local authority would receive under
sections 5747.5025747.503, 5747.51, and 5747.53, and division
(C) of section 5747.50 of the Revised Code, as applicable, if
not for the reductions required by divisions (C) and (D) of this
section or under section 5747.504 of the Revised Code .
(8) "Residual adjustment" means the most recent LGF
adjustment computed for a local authority under division (B)(2)
or (3) of this section minus the sum of the reductions applied
after that computation under division (C) of this section to the
local authority's LGF payments.
(9) "Traffic camera fines" means civil fines for any
violation of any local ordinance or resolution that are based
upon evidence recorded by a traffic law photo-monitoring device.
(10) "Qualifying village" has the same meaning as in
section 5747.503 of the Revised Code.
(B)(1) Annually, on or before the thirty-first day of
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July, any local authority that directly or indirectly collected
traffic camera fines during the preceding fiscal year shall file
a report with the tax commissioner that includes a detailed
statement of the gross amount of all traffic camera fines the
local authority collected during that period and the gross
amount of such fines that the local authority collected for
violations that occurred within a school zone.
(2) Annually, on or before the tenth day of August, the
commissioner shall compute a local government fund adjustment
for each local authority that files a report under division (B)
(1) of this section or with respect to which a residual
adjustment applies. Subject to division (B)(3) of this section,
the LGF adjustment shall be used by the commissioner to
determine the amount of the reductions required under division
(C) of this section for each of the next twelve months, starting
with the month in which the LGF adjustment is computed. After
those twelve months, the LGF adjustment ceases to apply and, if
an LGF adjustment continues to be required, the amount of the
reductions required under division (C) of this section shall be
determined based on an updated LGF adjustment computed under
this division.
(3) Upon receipt of a report described by division (B)(1)
of this section that is not timely filed, the commissioner shall
do both of the following:
(a) If one or more payments to the local authority has
been withheld under division (D) of this section because of the
local authority's failure to file the report, notify the county
auditor and county treasurer of the appropriate county that the
report has been received and that, subject to division (C) of
this section, payments to the local authority from the undivided
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local government fund are to resume.
(b) Compute the local authority's LGF adjustment using the
information in the report. An LGF adjustment computed under this
division shall be used by the commissioner to determine the
amount of the reductions required under division (C) of this
section starting with the next required reduction. The LGF
adjustment ceases to apply on the thirty-first day of the
ensuing July, following which, if an LGF adjustment continues to
be required, the amount of the reductions required under
division (C) of this section shall be determined based on an
updated LGF adjustment computed under division (B)(2) of this
section.
(4) Annually, on or before the tenth day of August, the
commissioner shall compute a residual adjustment for each local
authority whose LGF adjustment for the preceding year exceeds
the amount by which the local authority's LGF payments were
reduced during that year under division (C) of this section. The
residual adjustment shall be used to compute the LGF adjustment
for the ensuing year under division (B)(2) of this section.
(C) The commissioner shall do the following, as
applicable, respecting any local authority to which an LGF
adjustment computed under division (B) of this section applies:
(1) If the local authority is a municipal corporation with
a population of one thousand or more, reduce payments to the
municipal corporation under division (C) of section 5747.50 of
the Revised Code by one-twelfth of the LGF adjustment. If one-
twelfth of the LGF adjustment exceeds the amount of money the
municipal corporation would otherwise receive under division (C)
of section 5747.50 of the Revised Code, the commissioner also
shall reduce payments to the appropriate county undivided local
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government fund under division (B) of section 5747.50 of the
Revised Code by an amount equal to the lesser of (a) one-twelfth
of the excess, or (b) the amount of the payment the municipal
corporation would otherwise receive from the fund under section
5747.51 or 5747.53 of the Revised Code.
(2) If the local authority is a township or qualifying
village, reduce the supplemental payments to the appropriate
county undivided local government fund under section 5747.503 of
the Revised Code by the lesser of one-twelfth of the LGF
adjustment, or the amount of money the township or qualifying
village would otherwise receive under that section. If one-
twelfth of the LGF adjustment exceeds the amount of money the
township or qualifying village would otherwise receive under
section 5747.503 of the Revised Code, the commissioner also
shall reduce payments to the appropriate county undivided local
government fund under division (B) of section 5747.50 of the
Revised Code by an amount equal to the lesser of (a) one-twelfth
of the excess, or (b) the amount of the payment the township or
qualifying village would otherwise receive from the fund under
section 5747.51 or 5747.53 of the Revised Code.
(3) If the local authority is a county, reduce payments to
the appropriate county undivided local government fund under
division (B) of section 5747.50 of the Revised Code by an amount
equal to the lesser of (a) one-twelfth of the LGF adjustment, or
(b) the amount of the payment the county would otherwise receive
from the fund under section 5747.51 or 5747.53 of the Revised
Code.
(4) For any local authority, on or before the tenth day of
each month a reduction is made under division (C)(1), (2), or
(3) of this section, make a payment to the local authority in an
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amount equal to the lesser of (a) one-twelfth of the gross
amount of traffic camera fines the local authority collected in
the preceding fiscal year for violations that occurred within a
school zone, as indicated on the report filed by the local
authority pursuant to division (B)(1) of this section, or (b)
the amount by which the local authority's LGF payments were
reduced that month pursuant to division (C)(1), (2), or (3) of
this section. Payments received by a local authority under this
division shall be used by the local authority for school safety
purposes.
(D) Upon discovery, based on information in the
commissioner's possession, that a local authority required to
file a report under division (B)(1) of this section has failed
to do so, the commissioner shall do the following, as
applicable:
(1) If the local authority is a municipal corporation with
a population of one thousand or more, cease providing for
payments to the municipal corporation under section 5747.50 of
the Revised Code beginning with the next required payment and
until such time as the report is received by the commissioner;
(2) If the local authority is a township or qualifying
village, reduce the supplemental payments to the appropriate
county undivided local government fund under section 5747.503 of
the Revised Code by an amount equal to the amount of such
payments the local authority would otherwise receive under that
section, beginning with the next required payment and until such
time as the report is received by the commissioner;
(3) For any local authority, reduce payments to the
appropriate county undivided local government fund under
division (B) of section 5747.50 of the Revised Code by an amount
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equal to the amount of such payments the local authority would
otherwise receive under section 5747.51 or 5747.53 of the
Revised Code, beginning with the next required payment and until
such time as the report is received by the commissioner;
(4) For any local authority, notify the county auditor and
county treasurer that such payments are to cease until the
commissioner notifies the auditor and treasurer under division
(E) of this section that the payments are to resume.
(E) The commissioner shall notify the county auditor and
county treasurer on or before the day the commissioner first
reduces a county undivided local government fund payment to that
county under division (C) of this section. The notice shall
include the full amount of the reduction, a list of the local
authorities to which the reduction applies, and the amount of
reduction attributed to each such local authority. The
commissioner shall send an updated notice to the county auditor
and county treasurer any time the amount the reduction
attributed to any local authority changes.
A county treasurer that receives a notice from the
commissioner under this division or division (B)(3)(a) or (D)(4)
of this section shall reduce, cease, or resume payments from the
undivided local government fund to the local authority that is
the subject of the notice as specified by the commissioner in
the notice. Unless otherwise specified in the notice, the
payments shall be reduced, ceased, or resumed beginning with the
next required payment.
(F) There is hereby created in the state treasury the Ohio
highway and transportation safety fund. On or before the tenth
day of each month, the commissioner shall deposit in the fund an
amount equal to the total amount by which payments to local
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authorities were reduced or ceased under division (C) or (D) of
this section minus the total amount of payments made under
division (C)(4) of this section. The amount deposited with
respect to a local authority shall be credited to an account to
be created in the fund for the transportation district in which
that local authority is located. If the local authority is
located within more than one transportation district, the amount
credited to the account of each such transportation district
shall be prorated on the basis of the number of centerline miles
of public roads and highways in both the local authority and the
respective districts. Amounts credited to a transportation
district's account shall be used by the department of
transportation and the district deputy director exclusively to
enhance public safety on public roads and highways within that
transportation district.
Sec. 5747.504. (A) As used in this section:
(1) "Sanctuary jurisdiction adjustment" means ten per cent
of a local authority's local government fund payment for a
month.
(2) "Local authority" has the same meaning as in section
5747.502 of the Revised Code.
(3) "Local government fund payments" or "LGF payments"
means the payments a local authority would receive each month
under sections 5747.503, 5747.51, and 5747.53, and division (C)
of section 5747.50 of the Revised Code, as applicable, if not
for the reductions required by this section, but subject to any
reduction under section 5747.502 of the Revised Code for that
month.
(4) "Qualifying village" has the same meaning as in
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As Introduced
section 5747.503 of the Revised Code.
(B) Upon receiving notification from the attorney general,
pursuant to section 9.632 of the Revised Code, that a local
authority is not in compliance with the requirements of section
9.631 of the Revised Code, the commissioner shall subtract a
sanctuary jurisdiction adjustment from the local authority's LGF
payments, as described in division (C) of this section,
beginning with the next required payment and until such time as
the attorney general notifies the commissioner, pursuant to
section 9.632 of the Revised Code, that the local authority is
in compliance with the requirements of section 9.631 of the
Revised Code.
(C)(1) If the local authority is a municipal corporation
with a population of one thousand or more, the commissioner
shall first reduce payments to the municipal corporation under
division (C) of section 5747.50 of the Revised Code by the
lesser of the sanctuary jurisdiction adjustment or the amount
the municipal corporation would otherwise receive under that
division. If the sanctuary jurisdiction adjustment exceeds the
amount of money the municipal corporation would otherwise
receive under division (C) of section 5747.50 of the Revised
Code, the commissioner also shall reduce payments to the
appropriate county undivided local government fund under
division (B) of section 5747.50 of the Revised Code by the
excess sanctuary jurisdiction adjustment.
(2) If the local authority is a qualifying village or
township, the commissioner shall first reduce supplemental
payments to the appropriate county undivided local government
fund under section 5747.503 of the Revised Code by the lesser of
the sanctuary jurisdiction adjustment, or the amount of money
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As Introduced
the qualifying village or township would otherwise receive under
that section. If the sanctuary jurisdiction adjustment exceeds
the amount of money the qualifying village or township would
otherwise receive under section 5747.503 of the Revised Code,
the commissioner also shall reduce payments to the appropriate
county undivided local government fund under division (B) of
section 5747.50 of the Revised Code by the excess sanctuary
jurisdiction adjustment.
(3) If the local authority is a county, the commissioner
shall reduce payments to the appropriate county undivided local
government fund under division (B) of section 5747.50 of the
Revised Code by the sanctuary jurisdiction adjustment.
(D) The tax commissioner shall notify the county auditor
and county treasurer on or before the day the commissioner first
reduces a county undivided local government fund payment to that
county under division (C) of this section. The notice shall
include the full amount of the reduction, a list of the local
authorities to which the reduction applies, and the amount of
reduction attributed to each such local authority. The
commissioner shall send an updated notice to the county auditor
and county treasurer any time the amount of the reduction
attributed to any local authority changes or ceases.
A county treasurer that receives a notice from the
commissioner under this division shall reduce or resume payments
from the undivided local government fund to the local authority
that is the subject of the notice. Unless otherwise specified in
the notice, the payments shall be reduced or resumed beginning
with the next required payment.
(E) On or before the tenth day of each month, the tax
commissioner shall transfer from the local government fund to
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As Introduced
the public safety - highway purposes fund created in section
4501.06 of the Revised Code the sum of the payments withheld
that month under division (C) of this section. Such moneys shall
be used to pay the administrative costs and expenses associated
with the state highway patrol and the state enforcement of
traffic laws as conducted by the state highway patrol.
Sec. 5747.51. (A) On or before the twenty-fifth day of
July of each year, the tax commissioner shall make and certify
to the county auditor of each county an estimate of the amount
of the local government fund to be allocated to the undivided
local government fund of each county for the ensuing calendar
year, adjusting the total as required to account for
subdivisions receiving reduced local government funds under
section 5747.502 or 5747.504 of the Revised Code.
(B) At each annual regular session of the county budget
commission convened pursuant to section 5705.27 of the Revised
Code, each auditor shall present to the commission the
certificate of the commissioner, the annual tax budget and
estimates, and the records showing the action of the commission
in its last preceding regular session. The commission, after
extending to the representatives of each subdivision an
opportunity to be heard, under oath administered by any member
of the commission, and considering all the facts and information
presented to it by the auditor, shall determine the amount of
the undivided local government fund needed by and to be
apportioned to each subdivision for current operating expenses,
as shown in the tax budget of the subdivision. This
determination shall be made pursuant to divisions (C) to (I) of
this section, unless the commission has provided for a formula
pursuant to section 5747.53 of the Revised Code. The
commissioner shall reduce the amount of funds from the undivided
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724 H. B. No. 26 Page 26
As Introduced
local government fund to a subdivision required to receive
reduced funds under section 5747.502 of the Revised Code.
Nothing in this section prevents the budget commission,
for the purpose of apportioning the undivided local government
fund, from inquiring into the claimed needs of any subdivision
as stated in its tax budget, or from adjusting claimed needs to
reflect actual needs. For the purposes of this section, "current
operating expenses" means the lawful expenditures of a
subdivision, except those for permanent improvements and except
payments for interest, sinking fund, and retirement of bonds,
notes, and certificates of indebtedness of the subdivision.
(C) The commission shall determine the combined total of
the estimated expenditures, including transfers, from the
general fund and any special funds other than special funds
established for road and bridge; street construction,
maintenance, and repair; state highway improvement; and gas,
water, sewer, and electric public utilities operated by a
subdivision, as shown in the subdivision's tax budget for the
ensuing calendar year.
(D) From the combined total of expenditures calculated
pursuant to division (C) of this section, the commission shall
deduct the following expenditures, if included in these funds in
the tax budget:
(1) Expenditures for permanent improvements as defined in
division (E) of section 5705.01 of the Revised Code;
(2) In the case of counties and townships, transfers to
the road and bridge fund, and in the case of municipalities,
transfers to the street construction, maintenance, and repair
fund and the state highway improvement fund;
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753 H. B. No. 26 Page 27
As Introduced
(3) Expenditures for the payment of debt charges;
(4) Expenditures for the payment of judgments.
(E) In addition to the deductions made pursuant to
division (D) of this section, revenues accruing to the general
fund and any special fund considered under division (C) of this
section from the following sources shall be deducted from the
combined total of expenditures calculated pursuant to division
(C) of this section:
(1) Taxes levied within the ten-mill limitation, as
defined in section 5705.02 of the Revised Code;
(2) The budget commission allocation of estimated county
public library fund revenues to be distributed pursuant to
section 5747.48 of the Revised Code;
(3) Estimated unencumbered balances as shown on the tax
budget as of the thirty-first day of December of the current
year in the general fund, but not any estimated balance in any
special fund considered in division (C) of this section;
(4) Revenue, including transfers, shown in the general
fund and any special funds other than special funds established
for road and bridge; street construction, maintenance, and
repair; state highway improvement; and gas, water, sewer, and
electric public utilities, from all other sources except those
that a subdivision receives from an additional tax or service
charge voted by its electorate or receives from special
assessment or revenue bond collection. For the purposes of this
division, where the charter of a municipal corporation prohibits
the levy of an income tax, an income tax levied by the
legislative authority of such municipal corporation pursuant to
an amendment of the charter of that municipal corporation to
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As Introduced
authorize such a levy represents an additional tax voted by the
electorate of that municipal corporation. For the purposes of
this division, any measure adopted by a board of county
commissioners pursuant to section 322.02, 4504.02, or 5739.021
of the Revised Code, including those measures upheld by the
electorate in a referendum conducted pursuant to section
322.021, 4504.021, or 5739.022 of the Revised Code, shall not be
considered an additional tax voted by the electorate.
Subject to division (F) of section 5705.29 of the Revised
Code, money in a reserve balance account established by a
county, township, or municipal corporation under section 5705.13
of the Revised Code shall not be considered an unencumbered
balance or revenue under division (E)(3) or (4) of this section.
Money in a reserve balance account established by a township
under section 5705.132 of the Revised Code shall not be
considered an unencumbered balance or revenue under division (E)
(3) or (4) of this section.
If a county, township, or municipal corporation has
created and maintains a nonexpendable trust fund under section
5705.131 of the Revised Code, the principal of the fund, and any
additions to the principal arising from sources other than the
reinvestment of investment earnings arising from such a fund,
shall not be considered an unencumbered balance or revenue under
division (E)(3) or (4) of this section. Only investment earnings
arising from investment of the principal or investment of such
additions to principal may be considered an unencumbered balance
or revenue under those divisions.
(F) The total expenditures calculated pursuant to division
(C) of this section, less the deductions authorized in divisions
(D) and (E) of this section, shall be known as the "relative
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As Introduced
need" of the subdivision, for the purposes of this section.
(G) The budget commission shall total the relative need of
all participating subdivisions in the county, and shall compute
a relative need factor by dividing the total estimate of the
undivided local government fund by the total relative need of
all participating subdivisions.
(H) The relative need of each subdivision shall be
multiplied by the relative need factor to determine the
proportionate share of the subdivision in the undivided local
government fund of the county; provided, that the maximum
proportionate share of a county shall not exceed the following
maximum percentages of the total estimate of the undivided local
government fund governed by the relationship of the percentage
of the population of the county that resides within municipal
corporations within the county to the total population of the
county as reported in the reports on population in Ohio by the
department of development as of the twentieth day of July of the
year in which the tax budget is filed with the budget
commission:
1 2
A Percentage of municipal population
within the county:
Percentage share of the county
shall not exceed:
B Less than forty-one per cent Sixty per cent
C Forty-one per cent or more but less
than eighty-one per cent
Fifty per cent
D Eighty-one per cent or more Thirty per cent
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As Introduced
Where the proportionate share of the county exceeds the
limitations established in this division, the budget commission
shall adjust the proportionate shares determined pursuant to
this division so that the proportionate share of the county does
not exceed these limitations, and it shall increase the
proportionate shares of all other subdivisions on a pro rata
basis. In counties having a population of less than one hundred
thousand, not less than ten per cent shall be distributed to the
townships therein.
(I) The proportionate share of each subdivision in the
undivided local government fund determined pursuant to division
(H) of this section for any calendar year shall not be less than
the product of the average of the percentages of the undivided
local government fund of the county as apportioned to that
subdivision for the calendar years 1968, 1969, and 1970,
multiplied by the total amount of the undivided local government
fund of the county apportioned pursuant to former section
5739.23 of the Revised Code for the calendar year 1970. For the
purposes of this division, the total apportioned amount for the
calendar year 1970 shall be the amount actually allocated to the
county in 1970 from the state collected intangible tax as levied
by section 5707.03 of the Revised Code and distributed pursuant
to section 5725.24 of the Revised Code, plus the amount received
by the county in the calendar year 1970 pursuant to division (B)
(1) of former section 5739.21 of the Revised Code, and
distributed pursuant to former section 5739.22 of the Revised
Code. If the total amount of the undivided local government fund
for any calendar year is less than the amount of the undivided
local government fund apportioned pursuant to former section
5739.23 of the Revised Code for the calendar year 1970, the
minimum amount guaranteed to each subdivision for that calendar
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As Introduced
year pursuant to this division shall be reduced on a basis
proportionate to the amount by which the amount of the undivided
local government fund for that calendar year is less than the
amount of the undivided local government fund apportioned for
the calendar year 1970.
(J) On the basis of such apportionment, the county auditor
shall compute the percentage share of each such subdivision in
the undivided local government fund and shall at the same time
certify to the tax commissioner the percentage share of the
county as a subdivision. No payment shall be made from the
undivided local government fund, except in accordance with such
percentage shares.
Within ten days after the budget commission has made its
apportionment, whether conducted pursuant to section 5747.51 or
5747.53 of the Revised Code, the auditor shall publish a list of
the subdivisions and the amount each is to receive from the
undivided local government fund and the percentage share of each
subdivision, in a newspaper or newspapers of countywide
circulation, and send a copy of such allocation to the tax
commissioner.
The county auditor shall also send a copy of such
allocation by ordinary or electronic mail to the fiscal officer
of each subdivision entitled to participate in the allocation of
the undivided local government fund of the county. This copy
shall constitute the official notice of the commission action
referred to in section 5705.37 of the Revised Code.
All money received into the treasury of a subdivision from
the undivided local government fund in a county treasury shall
be paid into the general fund and used for the current operating
expenses of the subdivision.
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As Introduced
If a municipal corporation maintains a municipal
university, such municipal university, when the board of
trustees so requests the legislative authority of the municipal
corporation, shall participate in the money apportioned to such
municipal corporation from the total local government fund,
however created and constituted, in such amount as requested by
the board of trustees, provided such sum does not exceed nine
per cent of the total amount paid to the municipal corporation.
If any public official fails to maintain the records
required by sections 5747.50 to 5747.55 of the Revised Code or
by the rules issued by the tax commissioner, the auditor of
state, or the treasurer of state pursuant to such sections, or
fails to comply with any law relating to the enforcement of such
sections, the local government fund money allocated to the
county may be withheld until such time as the public official
has complied with such sections or such law or the rules issued
pursuant thereto.
Sec. 5747.53. (A) As used in this section:
(1) "City, located wholly or partially in the county, with
the greatest population" means the city, located wholly or
partially in the county, with the greatest population residing
in the county; however, if the county budget commission on or
before January 1, 1998, adopted an alternative method of
apportionment that was approved by the legislative authority of
the city, located partially in the county, with the greatest
population but not the greatest population residing in the
county, "city, located wholly or partially in the county, with
the greatest population" means the city, located wholly or
partially in the county, with the greatest population whether
residing in the county or not, if this alternative meaning is
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923 H. B. No. 26 Page 33
As Introduced
adopted by action of the board of county commissioners and a
majority of the boards of township trustees and legislative
authorities of municipal corporations located wholly or
partially in the county.
(2) "Participating political subdivision" means a
municipal corporation or township that satisfies all of the
following:
(a) It is located wholly or partially in the county.
(b) It is not the city, located wholly or partially in the
county, with the greatest population.
(c) Undivided local government fund moneys are apportioned
to it under the county's alternative method or formula of
apportionment in the current calendar year.
(B) In lieu of the method of apportionment of the
undivided local government fund of the county provided by
section 5747.51 of the Revised Code, the county budget
commission may provide for the apportionment of the fund under
an alternative method or on a formula basis as authorized by
this section. The commissioner shall reduce the amount of funds
from the undivided local government fund to a subdivision
required to receive reduced funds under section 5747.502 or
5747.504 of the Revised Code.
Except as otherwise provided in division (C) of this
section, the alternative method of apportionment shall have
first been approved by all of the following governmental units:
the board of county commissioners; the legislative authority of
the city, located wholly or partially in the county, with the
greatest population; and a majority of the boards of township
trustees and legislative authorities of municipal corporations,
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952 H. B. No. 26 Page 34
As Introduced
located wholly or partially in the county, excluding the
legislative authority of the city, located wholly or partially
in the county, with the greatest population. In granting or
denying approval for an alternative method of apportionment, the
board of county commissioners, boards of township trustees, and
legislative authorities of municipal corporations shall act by
motion. A motion to approve shall be passed upon a majority vote
of the members of a board of county commissioners, board of
township trustees, or legislative authority of a municipal
corporation, shall take effect immediately, and need not be
published.
Any alternative method of apportionment adopted and
approved under this division shall be reviewed by the county
budget commission at a public hearing held at least once in the
year following the effective date of this amendment October 3,
2023, and in every fifth year thereafter. The county budget
commission shall provide reasonable advance notice of the
hearing to all political subdivisions eligible to participate in
the fund and shall take public testimony from any such political
subdivision that wishes to testify.
Any alternative method of apportionment adopted and
approved under this division may be revised, amended, or
repealed in the same manner as it may be adopted and approved.
If an alternative method of apportionment adopted and approved
under this division is repealed, the undivided local government
fund of the county shall be apportioned among the subdivisions
eligible to participate in the fund, commencing in the ensuing
calendar year, under the apportionment provided in section
5747.52 of the Revised Code, unless the repeal occurs by
operation of division (C) of this section or a new method for
apportionment of the fund is provided in the action of repeal.
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983 H. B. No. 26 Page 35
As Introduced
(C) This division applies only in counties in which the
city, located wholly or partially in the county, with the
greatest population has a population of twenty thousand or less
and a population that is less than fifteen per cent of the total
population of the county. In such a county, the legislative
authorities or boards of township trustees of two or more
participating political subdivisions, which together have a
population residing in the county that is a majority of the
total population of the county, each may adopt a resolution to
exclude the approval otherwise required of the legislative
authority of the city, located wholly or partially in the
county, with the greatest population. All of the resolutions to
exclude that approval shall be adopted not later than the first
Monday of August of the year preceding the calendar year in
which distributions are to be made under an alternative method
of apportionment.
A motion granting or denying approval of an alternative
method of apportionment under this division shall be adopted by
a majority vote of the members of the board of county
commissioners and by a majority vote of a majority of the boards
of township trustees and legislative authorities of the
municipal corporations located wholly or partially in the
county, other than the city, located wholly or partially in the
county, with the greatest population, shall take effect
immediately, and need not be published. The alternative method
of apportionment under this division shall be adopted and
approved annually, not later than the first Monday of August of
the year preceding the calendar year in which distributions are
to be made under it. A motion granting approval of an
alternative method of apportionment under this division repeals
any existing alternative method of apportionment, effective with
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1014 H. B. No. 26 Page 36
As Introduced
distributions to be made from the fund in the ensuing calendar
year. An alternative method of apportionment under this division
shall not be revised or amended after the first Monday of August
of the year preceding the calendar year in which distributions
are to be made under it.
(D) In determining an alternative method of apportionment
authorized by this section, the county budget commission may
include in the method any factor considered to be appropriate
and reliable, in the sole discretion of the county budget
commission.
(E) The limitations set forth in section 5747.51 of the
Revised Code, stating the maximum amount that the county may
receive from the undivided local government fund and the minimum
amount the townships in counties having a population of less
than one hundred thousand may receive from the fund, are
applicable to any alternative method of apportionment authorized
under this section.
(F) On the basis of any alternative method of
apportionment adopted and approved as authorized by this
section, as certified by the auditor to the county treasurer,
the county treasurer shall make distribution of the money in the
undivided local government fund to each subdivision eligible to
participate in the fund, and the auditor, when the amount of
those shares is in the custody of the treasurer in the amounts
so computed to be due the respective subdivisions, shall at the
same time certify to the tax commissioner the percentage share
of the county as a subdivision. All money received into the
treasury of a subdivision from the undivided local government
fund in a county treasury shall be paid into the general fund
and used for the current operating expenses of the subdivision.
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1044 H. B. No. 26 Page 37
As Introduced
If a municipal corporation maintains a municipal university, the
university, when the board of trustees so requests the
legislative authority of the municipal corporation, shall
participate in the money apportioned to the municipal
corporation from the total local government fund, however
created and constituted, in the amount requested by the board of
trustees, provided that amount does not exceed nine per cent of
the total amount paid to the municipal corporation.
(G) The actions of the county budget commission taken
pursuant to this section are final and may not be appealed to
the board of tax appeals, except on the issues of abuse of
discretion and failure to comply with the formula.
Section 2. That existing sections 9.63, 4501.06, 5747.50,
5747.502, 5747.51, and 5747.53 of the Revised Code are hereby
repealed.
Section 3. If any provision of this act or the application
of this act to any person or circumstance is held invalid, that
invalidity does not affect any other provisions or applications
of this act that can be given effect without the invalid
provision or application.
Section 4. (A) The General Assembly finds that all of the
following are true:
(1) Sanctuary policies that restrict, obstruct, or
discourage cooperation with federal immigration authorities are
prohibited by such federal laws as Section 642 of the "Omnibus
Consolidated Appropriations Act of 1996," 8 U.S.C. 1373, which
states that "a Federal, State, or local government entity or
official may not prohibit, or in any way restrict, any
government entity or official from sending to, or receiving
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1073 H. B. No. 26 Page 38
As Introduced
from, the Immigration and Naturalization Service information
regarding the citizenship or immigration status, lawful or
unlawful, of any individual."
(2) In Arizona v. United States , 567 U.S. 387 (2012), the
Supreme Court of the United States ruled that the United States
Congress has the exclusive authority to legislate on immigration
matters, that states may not augment the penalties for violating
federal immigration laws, that "consultation between federal and
state officials is an important feature of the immigration
system," and that "Congress has encouraged the sharing of
information about possible immigration violations."
(B) The General Assembly declares all of the following:
(1) Given the supremacy of all federal laws pertaining to
immigration, including Section 274 of the "Immigration and
Nationality Act," 8 U.S.C. 1324, as amended, which prohibits
knowingly harboring persons who are unlawfully present in the
United States, it is inappropriate and contrary to the public
safety and welfare of this state for any public official to
encourage, endorse, or otherwise support any public or private
organization that seeks to offer so-called "sanctuary
protection" to persons who are unlawfully present in the United
States.
(2) Policies that direct state or local employees not to
cooperate with federal immigration authorities or that protect
persons who are unlawfully present in the United States are
contrary to federal law, the interests of this state, and the
safety and welfare of the people of this state.
(3) This act is necessary to ensure consistency and
fairness in the enforcement of the laws of this state.
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1102 H. B. No. 26 Page 39
As Introduced
(4) The subject of this act is a matter of statewide
concern.
Section 5. This act shall be known as the Protecting Ohio
Communities Act.
Section 6. Section 5747.53 of the Revised Code is
presented in this act as a composite of the section as amended
by H.B. 33 of the 135th General Assembly and H.B. 62 of the
133rd General Assembly. The General Assembly, applying the
principle stated in division (B) of section 1.52 of the Revised
Code that amendments are to be harmonized if reasonably capable
of simultaneous operation, finds that the composite is the
resulting version of the section in effect prior to the
effective date of the section as presented in this act.
Section 7. This act is declared to be an emergency measure
necessary for the immediate preservation of the public peace,
health, and safety. The reason for that necessity is that
government policies that prohibit cooperation with federal
authorities in the enforcement of immigration laws endanger the
public safety and welfare. Therefore, this act shall go into
immediate effect.
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