HB 26

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 BILL
  To amend sections 9.63, 4501.06, 5747.50, 5747.502,  1
  5747.51, and 5747.53 and to enact sections  2
  9.631, 9.632, 9.633, and 5747.504 of the Revised  3
  Code to require state and local authorities to  4
  cooperate with the federal government in the  5
  enforcement of immigration laws, to prescribe  6
  funding reductions for noncompliance, to name  7
  this act the Protecting Ohio Communities Act,  8
  and to declare an emergency.  9
 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
     Section 1. That sections 9.63, 4501.06, 5747.50, 5747.502,  10
5747.51, and 5747.53 be amended and sections 9.631, 9.632,  11
9.633, and 5747.504 of the Revised Code be enacted to read as  12
follows:  13
     Sec. 9.63. (A) Notwithstanding any law, ordinance, or  14
collective bargaining contract to the contrary, no state or  15
local employee shall unreasonably fail to comply with any lawful  16
request for assistance made by any federal authorities carrying  17
out the provisions of the USA Patriot Act, any federal  18
H. B. No. 26  Page 2
As Introduced
immigration or terrorism investigation, or any executive order  19
of the president of the United States pertaining to homeland  20
security, to the extent that the request is consistent with the  21
doctrine of federalism.  22
       (B) No municipal corporation shall enact an ordinance,  23
policy, directive, rule, or resolution that would materially  24
hinder or prevent local employees from complying with the USA  25
Patriot Act or any executive order of the president of the  26
United States pertaining to homeland security or from  27
cooperating with state or federal immigration services and  28
terrorism investigations.  29
       (C)(1) Any municipal corporation that enacts any  30
ordinance, policy, directive, rule, or resolution that division  31
(B) of this section prohibits is ineligible to receive any  32
homeland security funding available from the state.  33
       (2) Whenever the director of public safety determines that  34
a municipal corporation has enacted any ordinance, policy,  35
directive, rule, or resolution that division (B) of this section  36
prohibits, the director shall certify that the municipal  37
corporation is ineligible to receive any homeland security  38
funding from the state and shall notify the general assembly of  39
that ineligibility. That municipal corporation shall remain  40
ineligible to receive any homeland security funding from the  41
state until the director certifies that the ordinance, policy,  42
directive, rule, or resolution has been repealed.  43
       (D)(1) If a state or local employee states disagreement  44
with, or a critical opinion of, the USA Patriot Act, any federal  45
immigration or terrorism policy, or any executive order of the  46
president of the United States pertaining to homeland security,  47
the statement of disagreement with or critical opinion of the  48
H. B. No. 26  Page 3
As Introduced
act or order is not sufficient to qualify for purposes of this  49
section as unreasonable noncompliance with a request for  50
assistance of the type division (A) of this section describes.  51
       (2) Any municipal corporation's ordinance, policy,  52
directive, rule, or resolution that states disagreement with, or  53
a critical opinion of, any state or federal immigration or  54
terrorism policy, the USA Patriot Act, or any executive order of  55
the president of the United States pertaining to homeland  56
security is not sufficient to qualify as a "material hindrance  57
or prevention" of local employees from cooperating with federal  58
immigration services and terrorism investigations or from  59
complying with the USA Patriot Act or any executive order of the  60
president of the United States pertaining to homeland security  61
for purposes of divisions (B), (C), and (D) of this section.  62
       (E) As used in this section, "USA Patriot Act" means the  63
"Uniting and Strengthening America by Providing Appropriate  64
Tools Required to Intercept and Obstruct Terrorism (USA Patriot  65
Act) Act of 2001," Pub. L. No. 107-056, 115 Stat. 272, as  66
amended.  67
       Sec. 9.631. (A) As used in this section and sections 9.632  68
and 9.633 of the Revised Code:  69
       (1) "Law enforcement agency" means a municipal or township  70
police department, the office of a sheriff, the state highway  71
patrol, or any other state or local governmental body that  72
enforces criminal laws and that has employees who have a  73
statutory power of arrest.  74
       (2) "Political subdivision" means a county, township,  75
municipal corporation, or any other body corporate and politic  76
that is responsible for government activities in a geographic  77
H. B. No. 26  Page 4
As Introduced
area smaller than that of the state.  78
       (3) "State or local governmental entity" means any agency,  79
board, bureau, commission, council, department, division,  80
office, or other organized body established by the state or a  81
political subdivision for the exercise of any function of the  82
state or a political subdivision.  83
       (4) "State or local public benefit" has the same meaning  84
as in division (c) of section 411 of the "Personal  85
Responsibility and Work Opportunity Reconciliation Act of 1996,"  86
8 U.S.C. 1621(c), as amended.  87
       (B) A law enforcement agency shall do all of the  88
following:  89
       (1) Participate in any available program operated by the  90
United States department of homeland security or its successor  91
department that allows the law enforcement agency to submit to  92
federal authorities information about an arrestee in order to  93
enable those authorities to determine whether the arrestee is  94
unlawfully present in the United States;  95
       (2) Immediately report the identity of any arrestee whom a  96
peace officer has reasonable cause to believe is unlawfully  97
present in the United States to the appropriate office of the  98
United States immigration and customs enforcement agency or its  99
successor agency;  100
       (3) Detain a person who is unlawfully present in the  101
United States, upon receiving a lawful federal request or order  102
to do so, until the person is transferred into federal custody;  103
       (4) Otherwise cooperate and comply with federal officials  104
in the enforcement of federal immigration law.  105
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As Introduced
       (C)(1) Each state or local governmental entity  106
administering a state or local public benefit shall comply with  107
section 411 of the "Personal Responsibility and Work Opportunity  108
Reconciliation Act of 1996," 8 U.S.C. 1621, as amended.  109
       (2) Except as otherwise provided in division (C)(3) of  110
this section, whenever a person who is not a United States  111
citizen or national applies to a state or local governmental  112
entity for a state or local public benefit, the state or local  113
governmental entity shall verify whether the person is  114
ineligible for the benefit under section 411 of the "Personal  115
Responsibility and Work Opportunity Reconciliation Act of 1996,"  116
8 U.S.C. 1621, as amended, using the systematic alien  117
verification for entitlements (SAVE) program, or its successor  118
program, operated by the United States department of homeland  119
security or its successor agency.  120
       (3) Division (C)(2) of this section does not apply when a  121
person applies for a state or local public benefit described in  122
division (b) of section 411 of the "Personal Responsibility and  123
Work Opportunity Reconciliation Act of 1996," 8 U.S.C. 1621, as  124
amended, or for a state or local public benefit for which the  125
Revised Code affirmatively provides eligibility for persons  126
described in division (a) of that section.  127
       (D) No state or local government agency or political  128
subdivision shall adopt an ordinance, policy, directive, rule,  129
or resolution that prohibits or otherwise restricts a public  130
official or employee from doing any of the following:  131
       (1) Complying with the requirements of division (B) or (C)  132
of this section;  133
       (2) Inquiring about a person's name, birthdate, place of  134
H. B. No. 26  Page 6
As Introduced
birth, or citizenship or immigration status in the course of  135
investigating or prosecuting a violation of any law or  136
ordinance;  137
       (3) Maintaining information about a person's citizenship  138
or immigration status;  139
       (4) Sending information to, or requesting or receiving  140
information from, a federal, state, or local government agency  141
or employee concerning a person's citizenship or immigration  142
status or for the purpose of determining a person's citizenship  143
or immigration status;  144
       (5) Complying with any request by a federal agency engaged  145
in the enforcement of federal immigration law for information,  146
access, or assistance, regardless of whether the federal agency  147
has obtained a warrant to compel the state or local government  148
agency or political subdivision to comply with the request,  149
unless federal law prohibits the state or local government  150
agency or political subdivision from complying with the request.  151
       Sec. 9.632. (A) Each law enforcement agency and each state  152
or local governmental entity that administers a state or local  153
public benefit shall notify its officers and employees of the  154
requirements of sections 9.63 and 9.631 of the Revised Code.  155
       (B)(1) A member of the general assembly who believes that  156
a county, township, or municipal corporation or the law  157
enforcement agency that serves the county, township, or  158
municipal corporation is not complying with the requirements of  159
section 9.631 of the Revised Code may file a complaint with the  160
attorney general. Upon receiving the complaint, the attorney  161
general shall investigate whether the county, township,  162
municipal corporation, or law enforcement agency is complying  163
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As Introduced
with the requirements of that section and shall submit a report  164
of the attorney general's findings to the treasurer of state and  165
to the tax commissioner.  166
        (2) If the attorney general determines that a county,  167
township, municipal corporation, or law enforcement agency  168
originally reported as failing to comply with the requirements  169
of section 9.631 of the Revised Code is in compliance with those  170
requirements, the attorney general promptly shall issue an  171
addendum to the attorney general's original report concerning  172
that county, township, municipal corporation, or law enforcement  173
agency to the persons who received the original report.  174
        (C) If the attorney general determines that a county,  175
township, or municipal corporation or the law enforcement agency  176
that serves the county, township, or municipal corporation is  177
not in compliance with the requirements of section 9.631 of the  178
Revised Code, then the county, township, or municipal  179
corporation is ineligible to receive homeland security funding  180
and required to receive reduced local government fund  181
distributions from the state under section 5747.504 of the  182
Revised Code until the attorney general certifies in an addendum  183
issued under division (B)(2) of this section that the county,  184
township, municipal corporation, or law enforcement agency is in  185
compliance with the requirements of that section.  186
        Sec. 9.633. A county, township, or municipal corporation  187
shall submit a report annually to the attorney general  188
confirming the county, township, or municipal corporation is in  189
compliance with sections 9.63, 9.631, and 9.632 of the Revised  190
Code.  191
        Sec. 4501.06. The taxes, fees, and fines levied, charged,  192
or referred to in Chapters 4501., 4503., 4504., 4505., 4506.,  193
H. B. No. 26  Page 8
As Introduced
4507., 4509., 4510., 4511., 4517., 4519., and 4521., division  194
(A) of section 4508.06, and sections 2935.27, 3123.59, 4508.05,  195
4513.53, 4738.06, 4738.13, and 5502.12, and 5747.504 of the  196
Revised Code, unless otherwise designated by law, shall be  197
deposited in the state treasury to the credit of the public  198
safety - highway purposes fund, which is hereby created. Money  199
credited to the fund shall be used for the purpose of enforcing  200
and paying the expenses of administering the laws relative to  201
the registration and operation of motor vehicles on the public  202
roads or highways and to the powers and duties of the registrar  203
of motor vehicles. Amounts credited to the fund may also be used  204
to pay the expenses of administering and enforcing the laws  205
under which such fees were collected. All investment earnings of  206
the public safety - highway purposes fund shall be credited to  207
the fund.  208
       Sec. 5747.50. (A) As used in this section:  209
       (1) "County's proportionate share of the calendar year  210
2007 LGF and LGRAF distributions" means the percentage computed  211
for the county under division (B)(1)(a) of section 5747.501 of  212
the Revised Code.  213
       (2) "County's proportionate share of the total amount of  214
the local government fund additional revenue formula" means each  215
county's proportionate share of the state's population as  216
determined for and certified to the county for distributions to  217
be made during the current calendar year under division (B)(2)  218
(a) of section 5747.501 of the Revised Code. If prior to the  219
first day of January of the current calendar year the federal  220
government has issued a revision to the population figures  221
reflected in the estimate produced pursuant to division (B)(2)  222
(a) of section 5747.501 of the Revised Code, such revised  223
H. B. No. 26  Page 9
As Introduced
population figures shall be used for making the distributions  224
during the current calendar year.  225
       (3) "2007 LGF and LGRAF county distribution base available  226
in that month" means the lesser of the amounts described in  227
division (A)(3)(a) and (b) of this section, provided that the  228
amount shall not be less than zero:  229
       (a) The total amount available for distribution to  230
counties from the local government fund during the current  231
month.  232
       (b) The total amount distributed to counties from the  233
local government fund and the local government revenue  234
assistance fund to counties in calendar year 2007 less the total  235
amount distributed to counties under division (B)(1) of this  236
section during previous months of the current calendar year.  237
       (4) "Local government fund additional revenue distribution  238
base available during that month" means the total amount  239
available for distribution to counties during the month from the  240
local government fund, less any amounts to be distributed in  241
that month from the local government fund under division (B)(1)  242
of this section, provided that the local government fund  243
additional revenue distribution base available during that month  244
shall not be less than zero.  245
       (5) "Total amount available for distribution to counties"  246
means the total amount available for distribution from the local  247
government fund during the current month less the total amount  248
available for distribution to municipal corporations during the  249
current month under division (C) of this section.  250
       (B) On or before the tenth day of each month, the tax  251
commissioner shall provide for payment to each county an amount  252
H. B. No. 26  Page 10
As Introduced
equal to the sum of:  253
       (1) The county's proportionate share of the calendar year  254
2007 LGF and LGRAF distributions multiplied by the 2007 LGF and  255
LGRAF county distribution base available in that month, provided  256
that if the 2007 LGF and LGRAF county distribution base  257
available in that month is zero, no payment shall be made under  258
division (B)(1) of this section for the month or the remainder  259
of the calendar year; and  260
       (2) The county's proportionate share of the total amount  261
of the local government fund additional revenue formula  262
multiplied by the local government fund additional revenue  263
distribution base available during that month.  264
       Money received into the treasury of a county under this  265
division shall be credited to the undivided local government  266
fund in the treasury of the county on or before the fifteenth  267
day of each month. On or before the twentieth day of each month,  268
the county auditor shall issue warrants against all of the  269
undivided local government fund in the county treasury in the  270
respective amounts allowed as provided in section 5747.51 of the  271
Revised Code, and the treasurer shall distribute and pay such  272
sums to the subdivision therein.  273
       (C)(1) As used in division (C) of this section:  274
       (a) "Total amount available for distribution to  275
municipalities during the current month" means the difference  276
obtained by subtracting one million dollars from the product  277
obtained by multiplying the total amount available for  278
distribution from the local government fund during the current  279
month by the aggregate municipal share.  280
       (b) "Aggregate municipal share" means the quotient  281
H. B. No. 26  Page 11
As Introduced
obtained by dividing the total amount distributed directly from  282
the local government fund to municipal corporations during  283
calendar year 2007 by the total distributions from the local  284
government fund and local government revenue assistance fund  285
during calendar year 2007.  286
       (c) A municipal corporation's "distribution share" equals  287
one of the following:  288
       (i) For municipal corporations with a population of more  289
than fifty thousand, fifty thousand;  290
       (ii) For municipal corporations with a population of less  291
than one thousand, zero;  292
       (iii) For all other municipal corporations, the municipal  293
corporation's population.  294
       (d) A municipal corporation's "distribution percentage"  295
equals the percentage that a municipal corporation's  296
distribution share is of the total of all municipal  297
corporations' distribution shares.  298
       (2) On or before the tenth day of each month, the tax  299
commissioner shall provide for payment from the local government  300
fund to each municipal corporation an amount equal to the  301
product derived by multiplying the municipal corporation's  302
distribution percentage by the total amount available for  303
distribution to municipal corporations during the current month.  304
       (3) Payments received by a municipal corporation under  305
this division shall be paid into its general fund and may be  306
used for any lawful purpose.  307
       (4) The amount distributed to municipal corporations under  308
this division during any calendar year shall not exceed the  309
H. B. No. 26  Page 12
As Introduced
amount distributed directly from the local government fund to  310
municipal corporations during calendar year 2007. If that  311
maximum amount is reached during any month, distributions to  312
municipal corporations in that month shall be as provided in  313
divisions (C)(1) and (2) of this section, but no further  314
distributions shall be made to municipal corporations under  315
division (C) of this section during the remainder of the  316
calendar year.  317
       (5) Upon being informed of a municipal corporation's  318
dissolution, the tax commissioner shall cease providing for  319
payments to that municipal corporation under division (C) of  320
this section. The proportionate shares of the total amount  321
available for distribution to each of the remaining municipal  322
corporations under this division shall be increased on a pro  323
rata basis.  324
       The tax commissioner shall reduce payments under division  325
(C) of this section to municipal corporations for which reduced  326
payments are required under section 5747.502 or 5747.504 of the  327
Revised Code.  328
       (D) Each municipal corporation which has in effect a tax  329
imposed under Chapter 718. of the Revised Code shall, no later  330
than the thirty-first day of August of each year, certify to the  331
tax commissioner, on a form prescribed by the commissioner, the  332
amount of income tax revenue collected and refunded by such  333
municipal corporation pursuant to such chapter during the  334
preceding calendar year, arranged, when possible, by the type of  335
income from which the revenue was collected or the refund was  336
issued. The municipal corporation shall also report the amount  337
of income tax revenue collected and refunded on behalf of a  338
joint economic development district or a joint economic  339
H. B. No. 26  Page 13
As Introduced
development zone that levies an income tax administered by the  340
municipal corporation and the amount of such revenue distributed  341
to contracting parties during the preceding calendar year. The  342
tax commissioner may withhold payment of local government fund  343
moneys pursuant to division (C) of this section from any  344
municipal corporation for failure to comply with this reporting  345
requirement.  346
       (E)(1) For the purposes of division (E) of this section:  347
       (a) "Eligible taxing district" means a township, township  348
fire district, or joint fire district for which the total  349
taxable value of eligible power plants for tax year 2017 is at  350
least thirty per cent less than the total taxable value of  351
eligible power plants for tax year 2016.  352
       (b) "Eligible power plant" means a power plant that is  353
subject to the requirements of 10 C.F.R. part 73.  354
       (c) "Total taxable value of eligible power plants" of an  355
eligible taxing district means the total taxable value of the  356
taxable property of eligible power plants apportioned to the  357
district as shown in a preliminary assessment or amended  358
preliminary assessment and listed on the tax list of real and  359
public utility property.  360
       (d) "Taxable property" has the same meaning as in section  361
5727.01 of the Revised Code.  362
       (e) "Tax rate" of an eligible taxing district means one of  363
the following:  364
       (i) For townships, the sum of the rates of levies imposed  365
under section 505.39, 505.51, or division (I), (J), (U), or (JJ)  366
of section 5705.19 of the Revised Code and extended on the tax  367
list of real and public utility property for tax year 2017,  368
H. B. No. 26  Page 14
As Introduced
excluding any levy imposed at whatever rate is required to raise  369
a fixed sum of money;  370
       (ii) For township fire districts and joint fire districts,  371
the sum of the rates of levies extended on the tax list of real  372
and public utility property for tax year 2017, excluding any  373
levy imposed at whatever rate is required to raise a fixed sum  374
of money.  375
       (2) Each fiscal year from fiscal year 2018 through fiscal  376
year 2028, the tax commissioner shall compute the following  377
amount for each eligible taxing district:  378
       (a) For fiscal years 2018 and 2019, the amount obtained by  379
multiplying the eligible taxing district's tax rate by the  380
difference obtained by subtracting (i) the total taxable value  381
of eligible power plants of the district for tax year 2017 from  382
(ii) the total taxable value of eligible power plants of the  383
district for tax year 2016;  384
       (b) For fiscal years 2020 through 2028, ninety per cent of  385
the amount calculated for the district under division (E)(2)(a)  386
or (b) of this section for the preceding fiscal year.  387
       The commissioner shall certify the sum of the amounts  388
calculated for all eligible taxing districts under this division  389
for a fiscal year to the director of budget and management who,  390
on or before the seventh day of each month of that fiscal year,  391
shall transfer from the general revenue fund to the local  392
government fund one-twelfth of the amount certified.  393
       (3) On or before the tenth day of each month, the tax  394
commissioner shall provide for payment to each county treasury  395
in which an eligible taxing district is located an amount equal  396
to one-twelfth of the amount computed for the district for that  397
H. B. No. 26  Page 15
As Introduced
fiscal year under division (E)(2) of this section.  398
       Money received into the treasury of a county under  399
division (E) of this section shall be credited to the undivided  400
local government fund in the treasury of the county on or before  401
the fifteenth day of each month. On or before the twentieth day  402
of each month, the county auditor shall issue warrants against  403
the undivided local government fund for the amounts attributable  404
to each eligible taxing district, and the treasurer shall  405
distribute and pay such amounts to each eligible taxing  406
district. Money received by a township fire district or joint  407
fire district under this division shall be credited to the  408
district's general fund and may be used for any lawful purpose  409
of the district. Money received by a township under this  410
division shall be credited to the township's general fund and  411
shall be used for the purpose of funding fire, police, emergency  412
medical, or ambulance services.  413
       Sec. 5747.502. (A) As used in this section:  414
       (1) "Local authority" and "traffic law photo-monitoring  415
device" have the same meanings as in section 4511.092 of the  416
Revised Code.  417
       (2) "School zone" has the same meaning as in section  418
4511.21 of the Revised Code.  419
       (3) "Transportation district" means a territorial district  420
established by the director of transportation under section  421
5501.14 of the Revised Code.  422
       (4) "District deputy director" means the person appointed  423
and assigned by the director of transportation under section  424
5501.14 of the Revised Code to administer the activities of a  425
transportation district.  426
H. B. No. 26  Page 16
As Introduced
       (5) "Gross amount" means the entire amount of traffic  427
camera fines and fees paid by a driver.  428
       (6) "Local government fund adjustment" or "LGF adjustment"  429
means the sum of:  430
       (a) The gross amount of all traffic camera fines collected  431
by a local authority during the preceding fiscal year, as  432
reported under division (B)(1) of this section, if such a report  433
is required; plus  434
       (b) The residual adjustment computed for the local  435
authority under division (B)(4) of this section, if such an  436
adjustment applies.  437
       (7) "Local government fund payments" or "LGF payments"  438
means the payments a local authority would receive under  439
sections 5747.5025747.503, 5747.51, and 5747.53, and division  440
(C) of section 5747.50 of the Revised Code, as applicable, if  441
not for the reductions required by divisions (C) and (D) of this  442
section or under section 5747.504 of the Revised Code.  443
       (8) "Residual adjustment" means the most recent LGF  444
adjustment computed for a local authority under division (B)(2)  445
or (3) of this section minus the sum of the reductions applied  446
after that computation under division (C) of this section to the  447
local authority's LGF payments.  448
       (9) "Traffic camera fines" means civil fines for any  449
violation of any local ordinance or resolution that are based  450
upon evidence recorded by a traffic law photo-monitoring device.  451
       (10) "Qualifying village" has the same meaning as in  452
section 5747.503 of the Revised Code.  453
       (B)(1) Annually, on or before the thirty-first day of  454
H. B. No. 26  Page 17
As Introduced
July, any local authority that directly or indirectly collected  455
traffic camera fines during the preceding fiscal year shall file  456
a report with the tax commissioner that includes a detailed  457
statement of the gross amount of all traffic camera fines the  458
local authority collected during that period and the gross  459
amount of such fines that the local authority collected for  460
violations that occurred within a school zone.  461
       (2) Annually, on or before the tenth day of August, the  462
commissioner shall compute a local government fund adjustment  463
for each local authority that files a report under division (B)  464
(1) of this section or with respect to which a residual  465
adjustment applies. Subject to division (B)(3) of this section,  466
the LGF adjustment shall be used by the commissioner to  467
determine the amount of the reductions required under division  468
(C) of this section for each of the next twelve months, starting  469
with the month in which the LGF adjustment is computed. After  470
those twelve months, the LGF adjustment ceases to apply and, if  471
an LGF adjustment continues to be required, the amount of the  472
reductions required under division (C) of this section shall be  473
determined based on an updated LGF adjustment computed under  474
this division.  475
       (3) Upon receipt of a report described by division (B)(1)  476
of this section that is not timely filed, the commissioner shall  477
do both of the following:  478
       (a) If one or more payments to the local authority has  479
been withheld under division (D) of this section because of the  480
local authority's failure to file the report, notify the county  481
auditor and county treasurer of the appropriate county that the  482
report has been received and that, subject to division (C) of  483
this section, payments to the local authority from the undivided  484
H. B. No. 26  Page 18
As Introduced
local government fund are to resume.  485
       (b) Compute the local authority's LGF adjustment using the  486
information in the report. An LGF adjustment computed under this  487
division shall be used by the commissioner to determine the  488
amount of the reductions required under division (C) of this  489
section starting with the next required reduction. The LGF  490
adjustment ceases to apply on the thirty-first day of the  491
ensuing July, following which, if an LGF adjustment continues to  492
be required, the amount of the reductions required under  493
division (C) of this section shall be determined based on an  494
updated LGF adjustment computed under division (B)(2) of this  495
section.  496
       (4) Annually, on or before the tenth day of August, the  497
commissioner shall compute a residual adjustment for each local  498
authority whose LGF adjustment for the preceding year exceeds  499
the amount by which the local authority's LGF payments were  500
reduced during that year under division (C) of this section. The  501
residual adjustment shall be used to compute the LGF adjustment  502
for the ensuing year under division (B)(2) of this section.  503
       (C) The commissioner shall do the following, as  504
applicable, respecting any local authority to which an LGF  505
adjustment computed under division (B) of this section applies:  506
       (1) If the local authority is a municipal corporation with  507
a population of one thousand or more, reduce payments to the  508
municipal corporation under division (C) of section 5747.50 of  509
the Revised Code by one-twelfth of the LGF adjustment. If one-  510
twelfth of the LGF adjustment exceeds the amount of money the  511
municipal corporation would otherwise receive under division (C)  512
of section 5747.50 of the Revised Code, the commissioner also  513
shall reduce payments to the appropriate county undivided local  514
H. B. No. 26  Page 19
As Introduced
government fund under division (B) of section 5747.50 of the  515
Revised Code by an amount equal to the lesser of (a) one-twelfth  516
of the excess, or (b) the amount of the payment the municipal  517
corporation would otherwise receive from the fund under section  518
5747.51 or 5747.53 of the Revised Code.  519
        (2) If the local authority is a township or qualifying  520
village, reduce the supplemental payments to the appropriate  521
county undivided local government fund under section 5747.503 of  522
the Revised Code by the lesser of one-twelfth of the LGF  523
adjustment, or the amount of money the township or qualifying  524
village would otherwise receive under that section. If one-  525
twelfth of the LGF adjustment exceeds the amount of money the  526
township or qualifying village would otherwise receive under  527
section 5747.503 of the Revised Code, the commissioner also  528
shall reduce payments to the appropriate county undivided local  529
government fund under division (B) of section 5747.50 of the  530
Revised Code by an amount equal to the lesser of (a) one-twelfth  531
of the excess, or (b) the amount of the payment the township or  532
qualifying village would otherwise receive from the fund under  533
section 5747.51 or 5747.53 of the Revised Code.  534
        (3) If the local authority is a county, reduce payments to  535
the appropriate county undivided local government fund under  536
division (B) of section 5747.50 of the Revised Code by an amount  537
equal to the lesser of (a) one-twelfth of the LGF adjustment, or  538
(b) the amount of the payment the county would otherwise receive  539
from the fund under section 5747.51 or 5747.53 of the Revised  540
Code.  541
        (4) For any local authority, on or before the tenth day of  542
each month a reduction is made under division (C)(1), (2), or  543
(3) of this section, make a payment to the local authority in an  544
H. B. No. 26  Page 20
As Introduced
amount equal to the lesser of (a) one-twelfth of the gross  545
amount of traffic camera fines the local authority collected in  546
the preceding fiscal year for violations that occurred within a  547
school zone, as indicated on the report filed by the local  548
authority pursuant to division (B)(1) of this section, or (b)  549
the amount by which the local authority's LGF payments were  550
reduced that month pursuant to division (C)(1), (2), or (3) of  551
this section. Payments received by a local authority under this  552
division shall be used by the local authority for school safety  553
purposes.  554
       (D) Upon discovery, based on information in the  555
commissioner's possession, that a local authority required to  556
file a report under division (B)(1) of this section has failed  557
to do so, the commissioner shall do the following, as  558
applicable:  559
       (1) If the local authority is a municipal corporation with  560
a population of one thousand or more, cease providing for  561
payments to the municipal corporation under section 5747.50 of  562
the Revised Code beginning with the next required payment and  563
until such time as the report is received by the commissioner;  564
       (2) If the local authority is a township or qualifying  565
village, reduce the supplemental payments to the appropriate  566
county undivided local government fund under section 5747.503 of  567
the Revised Code by an amount equal to the amount of such  568
payments the local authority would otherwise receive under that  569
section, beginning with the next required payment and until such  570
time as the report is received by the commissioner;  571
       (3) For any local authority, reduce payments to the  572
appropriate county undivided local government fund under  573
division (B) of section 5747.50 of the Revised Code by an amount  574
H. B. No. 26  Page 21
As Introduced
equal to the amount of such payments the local authority would  575
otherwise receive under section 5747.51 or 5747.53 of the  576
Revised Code, beginning with the next required payment and until  577
such time as the report is received by the commissioner;  578
       (4) For any local authority, notify the county auditor and  579
county treasurer that such payments are to cease until the  580
commissioner notifies the auditor and treasurer under division  581
(E) of this section that the payments are to resume.  582
       (E) The commissioner shall notify the county auditor and  583
county treasurer on or before the day the commissioner first  584
reduces a county undivided local government fund payment to that  585
county under division (C) of this section. The notice shall  586
include the full amount of the reduction, a list of the local  587
authorities to which the reduction applies, and the amount of  588
reduction attributed to each such local authority. The  589
commissioner shall send an updated notice to the county auditor  590
and county treasurer any time the amount the reduction  591
attributed to any local authority changes.  592
       A county treasurer that receives a notice from the  593
commissioner under this division or division (B)(3)(a) or (D)(4)  594
of this section shall reduce, cease, or resume payments from the  595
undivided local government fund to the local authority that is  596
the subject of the notice as specified by the commissioner in  597
the notice. Unless otherwise specified in the notice, the  598
payments shall be reduced, ceased, or resumed beginning with the  599
next required payment.  600
       (F) There is hereby created in the state treasury the Ohio  601
highway and transportation safety fund. On or before the tenth  602
day of each month, the commissioner shall deposit in the fund an  603
amount equal to the total amount by which payments to local  604
H. B. No. 26  Page 22
As Introduced
authorities were reduced or ceased under division (C) or (D) of  605
this section minus the total amount of payments made under  606
division (C)(4) of this section. The amount deposited with  607
respect to a local authority shall be credited to an account to  608
be created in the fund for the transportation district in which  609
that local authority is located. If the local authority is  610
located within more than one transportation district, the amount  611
credited to the account of each such transportation district  612
shall be prorated on the basis of the number of centerline miles  613
of public roads and highways in both the local authority and the  614
respective districts. Amounts credited to a transportation  615
district's account shall be used by the department of  616
transportation and the district deputy director exclusively to  617
enhance public safety on public roads and highways within that  618
transportation district.  619
       Sec. 5747.504. (A) As used in this section:  620
       (1) "Sanctuary jurisdiction adjustment" means ten per cent  621
of a local authority's local government fund payment for a  622
month.  623
       (2) "Local authority" has the same meaning as in section  624
5747.502 of the Revised Code.  625
       (3) "Local government fund payments" or "LGF payments"  626
means the payments a local authority would receive each month  627
under sections 5747.503, 5747.51, and 5747.53, and division (C)  628
of section 5747.50 of the Revised Code, as applicable, if not  629
for the reductions required by this section, but subject to any  630
reduction under section 5747.502 of the Revised Code for that  631
month.  632
       (4) "Qualifying village" has the same meaning as in  633
H. B. No. 26  Page 23
As Introduced
section 5747.503 of the Revised Code.  634
       (B) Upon receiving notification from the attorney general,  635
pursuant to section 9.632 of the Revised Code, that a local  636
authority is not in compliance with the requirements of section  637
9.631 of the Revised Code, the commissioner shall subtract a  638
sanctuary jurisdiction adjustment from the local authority's LGF  639
payments, as described in division (C) of this section,  640
beginning with the next required payment and until such time as  641
the attorney general notifies the commissioner, pursuant to  642
section 9.632 of the Revised Code, that the local authority is  643
in compliance with the requirements of section 9.631 of the  644
Revised Code.  645
       (C)(1) If the local authority is a municipal corporation  646
with a population of one thousand or more, the commissioner  647
shall first reduce payments to the municipal corporation under  648
division (C) of section 5747.50 of the Revised Code by the  649
lesser of the sanctuary jurisdiction adjustment or the amount  650
the municipal corporation would otherwise receive under that  651
division. If the sanctuary jurisdiction adjustment exceeds the  652
amount of money the municipal corporation would otherwise  653
receive under division (C) of section 5747.50 of the Revised  654
Code, the commissioner also shall reduce payments to the  655
appropriate county undivided local government fund under  656
division (B) of section 5747.50 of the Revised Code by the  657
excess sanctuary jurisdiction adjustment.  658
       (2) If the local authority is a qualifying village or  659
township, the commissioner shall first reduce supplemental  660
payments to the appropriate county undivided local government  661
fund under section 5747.503 of the Revised Code by the lesser of  662
the sanctuary jurisdiction adjustment, or the amount of money  663
H. B. No. 26  Page 24
As Introduced
the qualifying village or township would otherwise receive under  664
that section. If the sanctuary jurisdiction adjustment exceeds  665
the amount of money the qualifying village or township would  666
otherwise receive under section 5747.503 of the Revised Code,  667
the commissioner also shall reduce payments to the appropriate  668
county undivided local government fund under division (B) of  669
section 5747.50 of the Revised Code by the excess sanctuary  670
jurisdiction adjustment.  671
       (3) If the local authority is a county, the commissioner  672
shall reduce payments to the appropriate county undivided local  673
government fund under division (B) of section 5747.50 of the  674
Revised Code by the sanctuary jurisdiction adjustment.  675
       (D) The tax commissioner shall notify the county auditor  676
and county treasurer on or before the day the commissioner first  677
reduces a county undivided local government fund payment to that  678
county under division (C) of this section. The notice shall  679
include the full amount of the reduction, a list of the local  680
authorities to which the reduction applies, and the amount of  681
reduction attributed to each such local authority. The  682
commissioner shall send an updated notice to the county auditor  683
and county treasurer any time the amount of the reduction  684
attributed to any local authority changes or ceases.  685
       A county treasurer that receives a notice from the  686
commissioner under this division shall reduce or resume payments  687
from the undivided local government fund to the local authority  688
that is the subject of the notice. Unless otherwise specified in  689
the notice, the payments shall be reduced or resumed beginning  690
with the next required payment.  691
       (E) On or before the tenth day of each month, the tax  692
commissioner shall transfer from the local government fund to  693
H. B. No. 26  Page 25
As Introduced
the public safety - highway purposes fund created in section  694
4501.06 of the Revised Code the sum of the payments withheld  695
that month under division (C) of this section. Such moneys shall  696
be used to pay the administrative costs and expenses associated  697
with the state highway patrol and the state enforcement of  698
traffic laws as conducted by the state highway patrol.  699
       Sec. 5747.51. (A) On or before the twenty-fifth day of  700
July of each year, the tax commissioner shall make and certify  701
to the county auditor of each county an estimate of the amount  702
of the local government fund to be allocated to the undivided  703
local government fund of each county for the ensuing calendar  704
year, adjusting the total as required to account for  705
subdivisions receiving reduced local government funds under  706
section 5747.502 or 5747.504 of the Revised Code.  707
       (B) At each annual regular session of the county budget  708
commission convened pursuant to section 5705.27 of the Revised  709
Code, each auditor shall present to the commission the  710
certificate of the commissioner, the annual tax budget and  711
estimates, and the records showing the action of the commission  712
in its last preceding regular session. The commission, after  713
extending to the representatives of each subdivision an  714
opportunity to be heard, under oath administered by any member  715
of the commission, and considering all the facts and information  716
presented to it by the auditor, shall determine the amount of  717
the undivided local government fund needed by and to be  718
apportioned to each subdivision for current operating expenses,  719
as shown in the tax budget of the subdivision. This  720
determination shall be made pursuant to divisions (C) to (I) of  721
this section, unless the commission has provided for a formula  722
pursuant to section 5747.53 of the Revised Code. The  723
commissioner shall reduce the amount of funds from the undivided  724
H. B. No. 26  Page 26
As Introduced
local government fund to a subdivision required to receive  725
reduced funds under section 5747.502 of the Revised Code.  726
       Nothing in this section prevents the budget commission,  727
for the purpose of apportioning the undivided local government  728
fund, from inquiring into the claimed needs of any subdivision  729
as stated in its tax budget, or from adjusting claimed needs to  730
reflect actual needs. For the purposes of this section, "current  731
operating expenses" means the lawful expenditures of a  732
subdivision, except those for permanent improvements and except  733
payments for interest, sinking fund, and retirement of bonds,  734
notes, and certificates of indebtedness of the subdivision.  735
       (C) The commission shall determine the combined total of  736
the estimated expenditures, including transfers, from the  737
general fund and any special funds other than special funds  738
established for road and bridge; street construction,  739
maintenance, and repair; state highway improvement; and gas,  740
water, sewer, and electric public utilities operated by a  741
subdivision, as shown in the subdivision's tax budget for the  742
ensuing calendar year.  743
       (D) From the combined total of expenditures calculated  744
pursuant to division (C) of this section, the commission shall  745
deduct the following expenditures, if included in these funds in  746
the tax budget:  747
       (1) Expenditures for permanent improvements as defined in  748
division (E) of section 5705.01 of the Revised Code;  749
       (2) In the case of counties and townships, transfers to  750
the road and bridge fund, and in the case of municipalities,  751
transfers to the street construction, maintenance, and repair  752
fund and the state highway improvement fund;  753
H. B. No. 26  Page 27
As Introduced
       (3) Expenditures for the payment of debt charges;  754
       (4) Expenditures for the payment of judgments.  755
       (E) In addition to the deductions made pursuant to  756
division (D) of this section, revenues accruing to the general  757
fund and any special fund considered under division (C) of this  758
section from the following sources shall be deducted from the  759
combined total of expenditures calculated pursuant to division  760
(C) of this section:  761
       (1) Taxes levied within the ten-mill limitation, as  762
defined in section 5705.02 of the Revised Code;  763
       (2) The budget commission allocation of estimated county  764
public library fund revenues to be distributed pursuant to  765
section 5747.48 of the Revised Code;  766
       (3) Estimated unencumbered balances as shown on the tax  767
budget as of the thirty-first day of December of the current  768
year in the general fund, but not any estimated balance in any  769
special fund considered in division (C) of this section;  770
       (4) Revenue, including transfers, shown in the general  771
fund and any special funds other than special funds established  772
for road and bridge; street construction, maintenance, and  773
repair; state highway improvement; and gas, water, sewer, and  774
electric public utilities, from all other sources except those  775
that a subdivision receives from an additional tax or service  776
charge voted by its electorate or receives from special  777
assessment or revenue bond collection. For the purposes of this  778
division, where the charter of a municipal corporation prohibits  779
the levy of an income tax, an income tax levied by the  780
legislative authority of such municipal corporation pursuant to  781
an amendment of the charter of that municipal corporation to  782
H. B. No. 26  Page 28
As Introduced
authorize such a levy represents an additional tax voted by the  783
electorate of that municipal corporation. For the purposes of  784
this division, any measure adopted by a board of county  785
commissioners pursuant to section 322.02, 4504.02, or 5739.021  786
of the Revised Code, including those measures upheld by the  787
electorate in a referendum conducted pursuant to section  788
322.021, 4504.021, or 5739.022 of the Revised Code, shall not be  789
considered an additional tax voted by the electorate.  790
       Subject to division (F) of section 5705.29 of the Revised  791
Code, money in a reserve balance account established by a  792
county, township, or municipal corporation under section 5705.13  793
of the Revised Code shall not be considered an unencumbered  794
balance or revenue under division (E)(3) or (4) of this section.  795
Money in a reserve balance account established by a township  796
under section 5705.132 of the Revised Code shall not be  797
considered an unencumbered balance or revenue under division (E)  798
(3) or (4) of this section.  799
       If a county, township, or municipal corporation has  800
created and maintains a nonexpendable trust fund under section  801
5705.131 of the Revised Code, the principal of the fund, and any  802
additions to the principal arising from sources other than the  803
reinvestment of investment earnings arising from such a fund,  804
shall not be considered an unencumbered balance or revenue under  805
division (E)(3) or (4) of this section. Only investment earnings  806
arising from investment of the principal or investment of such  807
additions to principal may be considered an unencumbered balance  808
or revenue under those divisions.  809
       (F) The total expenditures calculated pursuant to division  810
(C) of this section, less the deductions authorized in divisions  811
(D) and (E) of this section, shall be known as the "relative  812
H. B. No. 26  Page 29
As Introduced
need" of the subdivision, for the purposes of this section.  813
       (G) The budget commission shall total the relative need of  814
all participating subdivisions in the county, and shall compute  815
a relative need factor by dividing the total estimate of the  816
undivided local government fund by the total relative need of  817
all participating subdivisions.  818
       (H) The relative need of each subdivision shall be  819
multiplied by the relative need factor to determine the  820
proportionate share of the subdivision in the undivided local  821
government fund of the county; provided, that the maximum  822
proportionate share of a county shall not exceed the following  823
maximum percentages of the total estimate of the undivided local  824
government fund governed by the relationship of the percentage  825
of the population of the county that resides within municipal  826
corporations within the county to the total population of the  827
county as reported in the reports on population in Ohio by the  828
department of development as of the twentieth day of July of the  829
year in which the tax budget is filed with the budget  830
commission:  831
  832
  1  2
A     Percentage of municipal population    Percentage share of the county
      within the county:  shall not exceed:
B     Less than forty-one per cent  Sixty per cent
C     Forty-one per cent or more but less   Fifty per cent
      than eighty-one per cent
D     Eighty-one per cent or more  Thirty per cent
H. B. No. 26  Page 30
As Introduced
       Where the proportionate share of the county exceeds the  833
limitations established in this division, the budget commission  834
shall adjust the proportionate shares determined pursuant to  835
this division so that the proportionate share of the county does  836
not exceed these limitations, and it shall increase the  837
proportionate shares of all other subdivisions on a pro rata  838
basis. In counties having a population of less than one hundred  839
thousand, not less than ten per cent shall be distributed to the  840
townships therein.  841
       (I) The proportionate share of each subdivision in the  842
undivided local government fund determined pursuant to division  843
(H) of this section for any calendar year shall not be less than  844
the product of the average of the percentages of the undivided  845
local government fund of the county as apportioned to that  846
subdivision for the calendar years 1968, 1969, and 1970,  847
multiplied by the total amount of the undivided local government  848
fund of the county apportioned pursuant to former section  849
5739.23 of the Revised Code for the calendar year 1970. For the  850
purposes of this division, the total apportioned amount for the  851
calendar year 1970 shall be the amount actually allocated to the  852
county in 1970 from the state collected intangible tax as levied  853
by section 5707.03 of the Revised Code and distributed pursuant  854
to section 5725.24 of the Revised Code, plus the amount received  855
by the county in the calendar year 1970 pursuant to division (B)  856
(1) of former section 5739.21 of the Revised Code, and  857
distributed pursuant to former section 5739.22 of the Revised  858
Code. If the total amount of the undivided local government fund  859
for any calendar year is less than the amount of the undivided  860
local government fund apportioned pursuant to former section  861
5739.23 of the Revised Code for the calendar year 1970, the  862
minimum amount guaranteed to each subdivision for that calendar  863
H. B. No. 26  Page 31
As Introduced
year pursuant to this division shall be reduced on a basis  864
proportionate to the amount by which the amount of the undivided  865
local government fund for that calendar year is less than the  866
amount of the undivided local government fund apportioned for  867
the calendar year 1970.  868
       (J) On the basis of such apportionment, the county auditor  869
shall compute the percentage share of each such subdivision in  870
the undivided local government fund and shall at the same time  871
certify to the tax commissioner the percentage share of the  872
county as a subdivision. No payment shall be made from the  873
undivided local government fund, except in accordance with such  874
percentage shares.  875
       Within ten days after the budget commission has made its  876
apportionment, whether conducted pursuant to section 5747.51 or  877
5747.53 of the Revised Code, the auditor shall publish a list of  878
the subdivisions and the amount each is to receive from the  879
undivided local government fund and the percentage share of each  880
subdivision, in a newspaper or newspapers of countywide  881
circulation, and send a copy of such allocation to the tax  882
commissioner.  883
       The county auditor shall also send a copy of such  884
allocation by ordinary or electronic mail to the fiscal officer  885
of each subdivision entitled to participate in the allocation of  886
the undivided local government fund of the county. This copy  887
shall constitute the official notice of the commission action  888
referred to in section 5705.37 of the Revised Code.  889
       All money received into the treasury of a subdivision from  890
the undivided local government fund in a county treasury shall  891
be paid into the general fund and used for the current operating  892
expenses of the subdivision.  893
H. B. No. 26  Page 32
As Introduced
       If a municipal corporation maintains a municipal  894
university, such municipal university, when the board of  895
trustees so requests the legislative authority of the municipal  896
corporation, shall participate in the money apportioned to such  897
municipal corporation from the total local government fund,  898
however created and constituted, in such amount as requested by  899
the board of trustees, provided such sum does not exceed nine  900
per cent of the total amount paid to the municipal corporation.  901
       If any public official fails to maintain the records  902
required by sections 5747.50 to 5747.55 of the Revised Code or  903
by the rules issued by the tax commissioner, the auditor of  904
state, or the treasurer of state pursuant to such sections, or  905
fails to comply with any law relating to the enforcement of such  906
sections, the local government fund money allocated to the  907
county may be withheld until such time as the public official  908
has complied with such sections or such law or the rules issued  909
pursuant thereto.  910
       Sec. 5747.53. (A) As used in this section:  911
       (1) "City, located wholly or partially in the county, with  912
the greatest population" means the city, located wholly or  913
partially in the county, with the greatest population residing  914
in the county; however, if the county budget commission on or  915
before January 1, 1998, adopted an alternative method of  916
apportionment that was approved by the legislative authority of  917
the city, located partially in the county, with the greatest  918
population but not the greatest population residing in the  919
county, "city, located wholly or partially in the county, with  920
the greatest population" means the city, located wholly or  921
partially in the county, with the greatest population whether  922
residing in the county or not, if this alternative meaning is  923
H. B. No. 26  Page 33
As Introduced
adopted by action of the board of county commissioners and a  924
majority of the boards of township trustees and legislative  925
authorities of municipal corporations located wholly or  926
partially in the county.  927
       (2) "Participating political subdivision" means a  928
municipal corporation or township that satisfies all of the  929
following:  930
       (a) It is located wholly or partially in the county.  931
       (b) It is not the city, located wholly or partially in the  932
county, with the greatest population.  933
       (c) Undivided local government fund moneys are apportioned  934
to it under the county's alternative method or formula of  935
apportionment in the current calendar year.  936
       (B) In lieu of the method of apportionment of the  937
undivided local government fund of the county provided by  938
section 5747.51 of the Revised Code, the county budget  939
commission may provide for the apportionment of the fund under  940
an alternative method or on a formula basis as authorized by  941
this section. The commissioner shall reduce the amount of funds  942
from the undivided local government fund to a subdivision  943
required to receive reduced funds under section 5747.502 or  944
5747.504 of the Revised Code.  945
       Except as otherwise provided in division (C) of this  946
section, the alternative method of apportionment shall have  947
first been approved by all of the following governmental units:  948
the board of county commissioners; the legislative authority of  949
the city, located wholly or partially in the county, with the  950
greatest population; and a majority of the boards of township  951
trustees and legislative authorities of municipal corporations,  952
H. B. No. 26  Page 34
As Introduced
located wholly or partially in the county, excluding the  953
legislative authority of the city, located wholly or partially  954
in the county, with the greatest population. In granting or  955
denying approval for an alternative method of apportionment, the  956
board of county commissioners, boards of township trustees, and  957
legislative authorities of municipal corporations shall act by  958
motion. A motion to approve shall be passed upon a majority vote  959
of the members of a board of county commissioners, board of  960
township trustees, or legislative authority of a municipal  961
corporation, shall take effect immediately, and need not be  962
published.  963
       Any alternative method of apportionment adopted and  964
approved under this division shall be reviewed by the county  965
budget commission at a public hearing held at least once in the  966
year following the effective date of this amendment October 3,  967
2023, and in every fifth year thereafter. The county budget  968
commission shall provide reasonable advance notice of the  969
hearing to all political subdivisions eligible to participate in  970
the fund and shall take public testimony from any such political  971
subdivision that wishes to testify.  972
       Any alternative method of apportionment adopted and  973
approved under this division may be revised, amended, or  974
repealed in the same manner as it may be adopted and approved.  975
If an alternative method of apportionment adopted and approved  976
under this division is repealed, the undivided local government  977
fund of the county shall be apportioned among the subdivisions  978
eligible to participate in the fund, commencing in the ensuing  979
calendar year, under the apportionment provided in section  980
5747.52 of the Revised Code, unless the repeal occurs by  981
operation of division (C) of this section or a new method for  982
apportionment of the fund is provided in the action of repeal.  983
H. B. No. 26  Page 35
As Introduced
       (C) This division applies only in counties in which the  984
city, located wholly or partially in the county, with the  985
greatest population has a population of twenty thousand or less  986
and a population that is less than fifteen per cent of the total  987
population of the county. In such a county, the legislative  988
authorities or boards of township trustees of two or more  989
participating political subdivisions, which together have a  990
population residing in the county that is a majority of the  991
total population of the county, each may adopt a resolution to  992
exclude the approval otherwise required of the legislative  993
authority of the city, located wholly or partially in the  994
county, with the greatest population. All of the resolutions to  995
exclude that approval shall be adopted not later than the first  996
Monday of August of the year preceding the calendar year in  997
which distributions are to be made under an alternative method  998
of apportionment.  999
       A motion granting or denying approval of an alternative  1000
method of apportionment under this division shall be adopted by  1001
a majority vote of the members of the board of county  1002
commissioners and by a majority vote of a majority of the boards  1003
of township trustees and legislative authorities of the  1004
municipal corporations located wholly or partially in the  1005
county, other than the city, located wholly or partially in the  1006
county, with the greatest population, shall take effect  1007
immediately, and need not be published. The alternative method  1008
of apportionment under this division shall be adopted and  1009
approved annually, not later than the first Monday of August of  1010
the year preceding the calendar year in which distributions are  1011
to be made under it. A motion granting approval of an  1012
alternative method of apportionment under this division repeals  1013
any existing alternative method of apportionment, effective with  1014
H. B. No. 26  Page 36
As Introduced
distributions to be made from the fund in the ensuing calendar  1015
year. An alternative method of apportionment under this division  1016
shall not be revised or amended after the first Monday of August  1017
of the year preceding the calendar year in which distributions  1018
are to be made under it.  1019
       (D) In determining an alternative method of apportionment  1020
authorized by this section, the county budget commission may  1021
include in the method any factor considered to be appropriate  1022
and reliable, in the sole discretion of the county budget  1023
commission.  1024
       (E) The limitations set forth in section 5747.51 of the  1025
Revised Code, stating the maximum amount that the county may  1026
receive from the undivided local government fund and the minimum  1027
amount the townships in counties having a population of less  1028
than one hundred thousand may receive from the fund, are  1029
applicable to any alternative method of apportionment authorized  1030
under this section.  1031
       (F) On the basis of any alternative method of  1032
apportionment adopted and approved as authorized by this  1033
section, as certified by the auditor to the county treasurer,  1034
the county treasurer shall make distribution of the money in the  1035
undivided local government fund to each subdivision eligible to  1036
participate in the fund, and the auditor, when the amount of  1037
those shares is in the custody of the treasurer in the amounts  1038
so computed to be due the respective subdivisions, shall at the  1039
same time certify to the tax commissioner the percentage share  1040
of the county as a subdivision. All money received into the  1041
treasury of a subdivision from the undivided local government  1042
fund in a county treasury shall be paid into the general fund  1043
and used for the current operating expenses of the subdivision.  1044
H. B. No. 26  Page 37
As Introduced
If a municipal corporation maintains a municipal university, the  1045
university, when the board of trustees so requests the  1046
legislative authority of the municipal corporation, shall  1047
participate in the money apportioned to the municipal  1048
corporation from the total local government fund, however  1049
created and constituted, in the amount requested by the board of  1050
trustees, provided that amount does not exceed nine per cent of  1051
the total amount paid to the municipal corporation.  1052
       (G) The actions of the county budget commission taken  1053
pursuant to this section are final and may not be appealed to  1054
the board of tax appeals, except on the issues of abuse of  1055
discretion and failure to comply with the formula.  1056
       Section 2. That existing sections 9.63, 4501.06, 5747.50,  1057
5747.502, 5747.51, and 5747.53 of the Revised Code are hereby  1058
repealed.  1059
       Section 3. If any provision of this act or the application  1060
of this act to any person or circumstance is held invalid, that  1061
invalidity does not affect any other provisions or applications  1062
of this act that can be given effect without the invalid  1063
provision or application.  1064
       Section 4. (A) The General Assembly finds that all of the  1065
following are true:  1066
       (1) Sanctuary policies that restrict, obstruct, or  1067
discourage cooperation with federal immigration authorities are  1068
prohibited by such federal laws as Section 642 of the "Omnibus  1069
Consolidated Appropriations Act of 1996," 8 U.S.C. 1373, which  1070
states that "a Federal, State, or local government entity or  1071
official may not prohibit, or in any way restrict, any  1072
government entity or official from sending to, or receiving  1073
H. B. No. 26  Page 38
As Introduced
from, the Immigration and Naturalization Service information  1074
regarding the citizenship or immigration status, lawful or  1075
unlawful, of any individual."  1076
       (2) In Arizona v. United States, 567 U.S. 387 (2012), the  1077
Supreme Court of the United States ruled that the United States  1078
Congress has the exclusive authority to legislate on immigration  1079
matters, that states may not augment the penalties for violating  1080
federal immigration laws, that "consultation between federal and  1081
state officials is an important feature of the immigration  1082
system," and that "Congress has encouraged the sharing of  1083
information about possible immigration violations."  1084
       (B) The General Assembly declares all of the following:  1085
       (1) Given the supremacy of all federal laws pertaining to  1086
immigration, including Section 274 of the "Immigration and  1087
Nationality Act," 8 U.S.C. 1324, as amended, which prohibits  1088
knowingly harboring persons who are unlawfully present in the  1089
United States, it is inappropriate and contrary to the public  1090
safety and welfare of this state for any public official to  1091
encourage, endorse, or otherwise support any public or private  1092
organization that seeks to offer so-called "sanctuary  1093
protection" to persons who are unlawfully present in the United  1094
States.  1095
       (2) Policies that direct state or local employees not to  1096
cooperate with federal immigration authorities or that protect  1097
persons who are unlawfully present in the United States are  1098
contrary to federal law, the interests of this state, and the  1099
safety and welfare of the people of this state.  1100
       (3) This act is necessary to ensure consistency and  1101
fairness in the enforcement of the laws of this state.  1102
H. B. No. 26  Page 39
As Introduced
       (4) The subject of this act is a matter of statewide  1103
concern.  1104
       Section 5. This act shall be known as the Protecting Ohio  1105
Communities Act.  1106
       Section 6. Section 5747.53 of the Revised Code is  1107
presented in this act as a composite of the section as amended  1108
by H.B. 33 of the 135th General Assembly and H.B. 62 of the  1109
133rd General Assembly. The General Assembly, applying the  1110
principle stated in division (B) of section 1.52 of the Revised  1111
Code that amendments are to be harmonized if reasonably capable  1112
of simultaneous operation, finds that the composite is the  1113
resulting version of the section in effect prior to the  1114
effective date of the section as presented in this act.  1115
       Section 7. This act is declared to be an emergency measure  1116
necessary for the immediate preservation of the public peace,  1117
health, and safety. The reason for that necessity is that  1118
government policies that prohibit cooperation with federal  1119
authorities in the enforcement of immigration laws endanger the  1120
public safety and welfare. Therefore, this act shall go into  1121
immediate effect.  1122