Enact the America First Act

As Introduced

136th
General Assembly

Regular
Session
H. B. No. 200

2025-2026

Representatives Click, Santucci

Cosponsors: Representatives Fischer,
King, Bird, Hall, T., Demetriou, John, Dean, Gross, Williams

To
amend sections 2909.30, 2929.15, 2929.16, 2929.17, 2929.25
,
5747.50, 5747.502, 5747.51, and 5747.53
;
to amend, for the purpose of adopting a new section number as
indicated in parentheses, section 2909.30 (2965.03); and to enact
sections 2965.01, 2965.02, 2965.04, 2965.05
,
2965.06, 5747.504, and 5747.505

of the Revised Code
to
enact the America First Act to prohibit a person who is unlawfully
present in the United States from entering or being present in Ohio,
to require law enforcement agencies and detention facilities to
cooperate in the enforcement of federal immigration laws, and to
withhold state local government funds from a subdivision that does
not abide by the act.

BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section
1.
That
sections 2909.30, 2929.15, 2929.16, 2929.17, 2929.25
,
5747.50, 5747.502, 5747.51, and 5747.53

be amended; section 2909.30 (2965.03) be amended for the purpose of
adopting a new section number as indicated in parentheses; and
sections 2965.01, 2965.02, 2965.04, 2965.05
,
2965.06, 5747.504, and 5747.505

of the Revised Code be enacted to read as follows:

Sec.
2929.15.
(A)(1)

If

Subject
to section 2965.04 of the Revised Code, if
in
sentencing an offender for a felony the court is not required to
impose a prison term, a mandatory prison term, or a term of life
imprisonment upon the offender, the court may directly impose a
sentence that consists of one or more community control sanctions
authorized pursuant to section 2929.16, 2929.17, or 2929.18 of the
Revised Code. If the court is sentencing an offender for a fourth
degree felony OVI offense under division (G)(1) of section 2929.13 of
the Revised Code, in addition to the mandatory term of local
incarceration imposed under that division and the mandatory fine
required by division (B)(3) of section 2929.18 of the Revised Code,
the court may impose upon the offender a community control sanction
or combination of community control sanctions in accordance with
sections 2929.16 and 2929.17 of the Revised Code. If the court is
sentencing an offender for a third or fourth degree felony OVI
offense under division (G)(2) of section 2929.13 of the Revised Code,
in addition to the mandatory prison term or mandatory prison term and
additional prison term imposed under that division, the court also
may impose upon the offender a community control sanction or
combination of community control sanctions under section 2929.16 or
2929.17 of the Revised Code, but the offender shall serve all of the
prison terms so imposed prior to serving the community control
sanction.

The
duration of all community control sanctions imposed on an offender
under this division shall not exceed five years. If the offender
absconds or otherwise leaves the jurisdiction of the court in which
the offender resides without obtaining permission from the court or
the offender's probation officer to leave the jurisdiction of the
court, or if the offender is confined in any institution for the
commission of any offense while under a community control sanction,
the period of the community control sanction ceases to run until the
offender is brought before the court for its further action. If the
court sentences the offender to one or more nonresidential sanctions
under section 2929.17 of the Revised Code, the court shall impose as
a condition of the nonresidential sanctions that, during the period
of the sanctions, the offender must abide by the law and must not
leave the state without the permission of the court or the offender's
probation officer. The court may impose any other conditions of
release under a community control sanction that the court considers
appropriate, including, but not limited to, requiring that the
offender not ingest or be injected with a drug of abuse and submit to
random drug testing as provided in division (D) of this section to
determine whether the offender ingested or was injected with a drug
of abuse and requiring that the results of the drug test indicate
that the offender did not ingest or was not injected with a drug of
abuse.

(2)(a)
If a court sentences an offender to any community control sanction or
combination of community control sanctions authorized pursuant to
section 2929.16, 2929.17, or 2929.18 of the Revised Code, the court
shall place the offender under the general control and supervision of
a department of probation in the county that serves the court for
purposes of reporting to the court a violation of any condition of
the sanctions, any condition of release under a community control
sanction imposed by the court, a violation of law, or the departure
of the offender from this state without the permission of the court
or the offender's probation officer. Alternatively, if the offender
resides in another county and a county department of probation has
been established in that county or that county is served by a
multicounty probation department established under section 2301.27 of
the Revised Code, the court may request the court of common pleas of
that county to receive the offender into the general control and
supervision of that county or multicounty department of probation for
purposes of reporting to the court a violation of any condition of
the sanctions, any condition of release under a community control
sanction imposed by the court, a violation of law, or the departure
of the offender from this state without the permission of the court
or the offender's probation officer, subject to the jurisdiction of
the trial judge over and with respect to the person of the offender,
and to the rules governing that department of probation.

If
there is no department of probation in the county that serves the
court, the court shall place the offender, regardless of the
offender's county of residence, under the general control and
supervision of the adult parole authority, unless the court has
entered into an agreement with the authority as described in division
(B) or (C) of section 2301.32 of the Revised Code, or under an entity
authorized under division (B) of section 2301.27 of the Revised Code
to provide probation and supervisory services to counties for
purposes of reporting to the court a violation of any of the
sanctions, any condition of release under a community control
sanction imposed by the court, a violation of law, or the departure
of the offender from this state without the permission of the court
or the offender's probation officer.

(b)
If the court imposing sentence on an offender sentences the offender
to any community control sanction or combination of community control
sanctions authorized pursuant to section 2929.16, 2929.17, or 2929.18
of the Revised Code, and if the offender violates any condition of
the sanctions, violates any condition of release under a community
control sanction imposed by the court, violates any law, or departs
the state without the permission of the court or the offender's
probation officer, the public or private person or entity that
operates or administers the sanction or the program or activity that
comprises the sanction shall report the violation or departure
directly to the sentencing court, or shall report the violation or
departure to the county or multicounty department of probation with
general control and supervision over the offender under division
(A)(2)(a) of this section or the officer of that department who
supervises the offender, or, if there is no such department with
general control and supervision over the offender under that
division, to the adult parole authority unless the court has entered
into an agreement with the authority as described in division (B) or
(C) of section 2301.32 of the Revised Code, or to an entity
authorized under division (B) of section 2301.27 of the Revised Code
to provide probation and supervisory services to the county. If the
public or private person or entity that operates or administers the
sanction or the program or activity that comprises the sanction
reports the violation or departure to the county or multicounty
department of probation, the adult parole authority, or any other
entity providing probation and supervisory services to the county,
the department's, authority's, or other entity's officers may treat
the offender as if the offender were on probation and in violation of
the probation, and shall report the violation of the condition of the
sanction, any condition of release under a community control sanction
imposed by the court, the violation of law, or the departure from the
state without the required permission to the sentencing court.

(3)
If an offender who is eligible for community control sanctions under
this section admits to having a drug addiction or the court has
reason to believe that the offender has a drug addiction, and if the
offense for which the offender is being sentenced was related to the
addiction, the court may require that the offender be assessed by a
properly credentialed professional within a specified period of time
and shall require the professional to file a written assessment of
the offender with the court. If a court imposes treatment and
recovery support services as a community control sanction, the court
shall direct the level and type of treatment and recovery support
services after consideration of the written assessment, if available
at the time of sentencing, and recommendations of the professional
and other treatment and recovery support services providers.

(4)
If an assessment completed pursuant to division (A)(3) of this
section indicates that the offender has an addiction to drugs or
alcohol, the court may include in any community control sanction
imposed for a violation of section 2925.02, 2925.03, 2925.04,
2925.05, 2925.06, 2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or
2925.37 of the Revised Code a requirement that the offender
participate in alcohol and drug addiction services and recovery
supports certified under section 5119.36 of the Revised Code or
offered by a properly credentialed community addiction services
provider.

(B)(1)
Except as provided in division (B)(2) of this section, if the
conditions of a community control sanction imposed for a felony are
violated or if the offender violates a law or leaves the state
without the permission of the court or the offender's probation
officer, the sentencing court may impose on the violator one or more
of the following penalties:

(a)
A longer time under the same sanction if the total time under the
sanctions does not exceed the five-year limit specified in division
(A) of this section;

(b)
A more restrictive sanction under section 2929.16, 2929.17, or
2929.18 of the Revised Code, including but not limited to, a new term
in a community-based correctional facility, halfway house, or jail
pursuant to division (A)(6) of section 2929.16 of the Revised Code;

(c)
A prison term on the offender pursuant to section 2929.14 of the
Revised Code and division (B)(3) of this section, provided that a
prison term imposed under this division is subject to the following
limitations and rules, as applicable:

(i)
If the prison term is imposed for any technical violation of the
conditions of a community control sanction imposed for a felony of
the fifth degree, the prison term shall not exceed ninety days,
provided that if the remaining period of community control at the
time of the violation or the remaining period of the reserved prison
sentence at that time is less than ninety days, the prison term shall
not exceed the length of the remaining period of community control or
the remaining period of the reserved prison sentence. If the court
imposes a prison term as described in this division, division
(B)(2)(b) of this section applies.

(ii)
If the prison term is imposed for any technical violation of the
conditions of a community control sanction imposed for a felony of
the fourth degree that is not an offense of violence and is not a
sexually oriented offense, the prison term shall not exceed one
hundred eighty days, provided that if the remaining period of the
community control at the time of the violation or the remaining
period of the reserved prison sentence at that time is less than one
hundred eighty days, the prison term shall not exceed the length of
the remaining period of community control or the remaining period of
the reserved prison sentence. If the court imposes a prison term as
described in this division, division (B)(2)(b) of this section
applies.

(iii)
A court is not limited in the number of times it may sentence an
offender to a prison term under division (B)(1)(c) of this section
for a violation of the conditions of a community control sanction or
for a violation of a law or leaving the state without the permission
of the court or the offender's probation officer. If an offender who
is under a community control sanction violates the conditions of the
sanction or violates a law or leaves the state without the permission
of the court or the offender's probation officer, is sentenced to a
prison term for the violation or conduct, is released from the term
after serving it, and subsequently violates the conditions of the
sanction or violates a law or leaves the state without the permission
of the court or the offender's probation officer, the court may
impose a new prison term sanction on the offender under division
(B)(1)(c) of this section for the subsequent violation or conduct.

(2)(a)
If an offender was acting pursuant to division (B)(2)(b) of section
2925.11 or a related provision of section 2925.12, 2925.14, or
2925.141 of the Revised Code and in so doing violated the conditions
of a community control sanction based on a minor drug possession
offense, as defined in section 2925.11 of the Revised Code, or
violated section 2925.12, division (C)(1) of section 2925.14, or
section 2925.141 of the Revised Code, the sentencing court shall not
impose any of the penalties described in division (B)(1) of this
section based on the violation.

(b)
If a court imposes a prison term on an offender under division
(B)(1)(c)(i) or (ii) of this section for a technical violation of the
conditions of a community control sanction, one of the following is
applicable with respect to the time that the offender spends in
prison under the term:

(i)
Subject to division (B)(2)(b)(ii) of this section, it shall be
credited against the offender's community control sanction that was
being served at the time of the violation, and the remaining time
under that community control sanction shall be reduced by the time
that the offender spends in prison under the prison term. By
determination of the court, the offender upon release from the prison
term either shall continue serving the remaining time under the
community control sanction, as reduced under this division, or shall
have the community control sanction terminated.

(ii)
If, at the time a prison term is imposed for a technical violation,
the offender was serving a residential community control sanction
imposed under section 2929.16 of the Revised Code, the time spent
serving the residential community control sanction shall be credited
against the offender's reserved prison sentence, and the remaining
time under that residential community control sanction and under the
reserved prison sentence shall be reduced by the time that the
offender spends in prison under the prison term. By determination of
the court, the offender upon release from the prison term either
shall continue serving the remaining time under the residential
community control sanction, as reduced under this division, or shall
have the residential community control sanction terminated.

(3)
The prison term, if any, imposed on a violator pursuant to this
division and division (B)(1) of this section shall be within the
range of prison terms described in this division and shall not exceed
a prison term from the range of terms specified in the notice
provided to the offender at the sentencing hearing pursuant to
division (B)(4) of section 2929.19 of the Revised Code. The court may
reduce the longer period of time that the offender is required to
spend under the longer sanction, the more restrictive sanction, or a
prison term imposed pursuant to division (B)(1) of this section by
the time the offender successfully spent under the sanction that was
initially imposed. Except as otherwise specified in this division,
the prison term imposed under this division and division (B)(1) of
this section shall be within the range of prison terms available as a
definite term for the offense for which the sanction that was
violated was imposed. If the offense for which the sanction that was
violated was imposed is a felony of the first or second degree
committed on or after March 22, 2019, the prison term so imposed
under this division shall be within the range of prison terms
available as a minimum term for the offense under division (A)(1)(a)
or (2)(a) of section 2929.14 of the Revised Code.

(C)
If an offender, for a significant period of time, fulfills the
conditions of a sanction imposed pursuant to section 2929.16,
2929.17, or 2929.18 of the Revised Code in an exemplary manner, the
court may reduce the period of time under the sanction or impose a
less restrictive sanction, but the court shall not permit the
offender to violate any law or permit the offender to leave the state
without the permission of the court or the offender's probation
officer.

(D)(1)
If a court under division (A)(1) of this section imposes a condition
of release under a community control sanction that requires the
offender to submit to random drug testing, the department of
probation, the adult parole authority, or any other entity that has
general control and supervision of the offender under division
(A)(2)(a) of this section may cause the offender to submit to random
drug testing performed by a laboratory or entity that has entered
into a contract with any of the governmental entities or officers
authorized to enter into a contract with that laboratory or entity
under section 341.26, 753.33, or 5120.63 of the Revised Code.

(2)
If no laboratory or entity described in division (D)(1) of this
section has entered into a contract as specified in that division,
the department of probation, the adult parole authority, or any other
entity that has general control and supervision of the offender under
division (A)(2)(a) of this section shall cause the offender to submit
to random drug testing performed by a reputable public laboratory to
determine whether the individual who is the subject of the drug test
ingested or was injected with a drug of abuse.

(3)
A laboratory or entity that has entered into a contract pursuant to
section 341.26, 753.33, or 5120.63 of the Revised Code shall perform
the random drug tests under division (D)(1) of this section in
accordance with the applicable standards that are included in the
terms of that contract. A public laboratory shall perform the random
drug tests under division (D)(2) of this section in accordance with
the standards set forth in the policies and procedures established by
the department of rehabilitation and correction pursuant to section
5120.63 of the Revised Code. An offender who is required under
division (A)(1) of this section to submit to random drug testing as a
condition of release under a community control sanction and whose
test results indicate that the offender ingested or was injected with
a drug of abuse shall pay the fee for the drug test if the department
of probation, the adult parole authority, or any other entity that
has general control and supervision of the offender requires payment
of a fee. A laboratory or entity that performs the random drug
testing on an offender under division (D)(1) or (2) of this section
shall transmit the results of the drug test to the appropriate
department of probation, the adult parole authority, or any other
entity that has general control and supervision of the offender under
division (A)(2)(a) of this section.

(E)
As used in this section, "technical violation" means a
violation of the conditions of a community control sanction imposed
for a felony of the fifth degree, or for a felony of the fourth
degree that is not an offense of violence and is not a sexually
oriented offense, and to which neither of the following applies:

(1)
The violation consists of a new criminal offense that is a felony or
that is a misdemeanor other than a minor misdemeanor, and the
violation is committed while under the community control sanction.

(2)
The violation consists of or includes the offender's articulated or
demonstrated refusal to participate in the community control sanction
imposed on the offender or any of its conditions, and the refusal
demonstrates to the court that the offender has abandoned the objects
of the community control sanction or condition.

Sec.
2929.16.
(A)
Except as provided in this division

or in section 2965.04 of the Revised Code
,
the court imposing a sentence for a felony upon an offender who is
not required to serve a mandatory prison term may impose any
community residential sanction or combination of community
residential sanctions under this section. The court imposing a
sentence for a fourth degree felony OVI offense under division (G)(1)
or (2) of section 2929.13 of the Revised Code or for a third degree
felony OVI offense under division (G)(2) of that section may impose
upon the offender, in addition to the mandatory term of local
incarceration or mandatory prison term imposed under the applicable
division, a community residential sanction or combination of
community residential sanctions under this section, and the offender
shall serve or satisfy the sanction or combination of sanctions after
the offender has served the mandatory term of local incarceration or
mandatory prison term required for the offense. Community residential
sanctions include, but are not limited to, the following:

(1)
Except as otherwise provided in division (A)(6) of this section, a
term of up to six months at a community-based correctional facility
that serves the county;

(2)
Except as otherwise provided in division (A)(3) or (6) of this
section and subject to division (D) of this section, a term of up to
six months in a jail;

(3)
If the offender is convicted of a fourth degree felony OVI offense
and is sentenced under division (G)(1) of section 2929.13 of the
Revised Code, subject to division (D) of this section, a term of up
to one year in a jail less the mandatory term of local incarceration
of sixty or one hundred twenty consecutive days of imprisonment
imposed pursuant to that division;

(4)
A term in a halfway house;

(5)
A term in an alternative residential facility;

(6)
If the offender is sentenced to a community control sanction and
violates the conditions of the sanction, a new term of up to six
months in a community-based correctional facility that serves the
county, in a halfway house, or in a jail, which term shall be in
addition to any other term imposed under this division.

(B)
The court that assigns any offender convicted of a felony to a
residential sanction under this section may authorize the offender to
be released so that the offender may seek or maintain employment,
receive education or training, or receive treatment. A release
pursuant to this division shall be only for the duration of time that
is needed to fulfill the purpose of the release and for travel that
reasonably is necessary to fulfill the purposes of the release.

(C)
If the court assigns an offender to a county jail that is not a
minimum security misdemeanant jail in a county that has established a
county jail industry program pursuant to section 5147.30 of the
Revised Code, the court shall specify, as part of the sentence,
whether the sheriff of that county may consider the offender for
participation in the county jail industry program. During the
offender's term in the county jail, the court shall retain
jurisdiction to modify its specification upon a reassessment of the
offender's qualifications for participation in the program.

(D)
If a court sentences an offender to a term in jail under division
(A)(2), (3), or (6) of this section and if the sentence is imposed
for a felony of the fourth or fifth degree that is not an offense of
violence, the court may specify that it prefers that the offender
serve the term in a minimum security jail established under section
341.34 or 753.21 of the Revised Code. If the court includes a
specification of that type in the sentence and if the administrator
of the appropriate minimum security jail or the designee of that
administrator classifies the offender in accordance with section
341.34 or 753.21 of the Revised Code as a minimal security risk, the
offender shall serve the term in the minimum security jail
established under section 341.34 or 753.21 of the Revised Code.
Absent a specification of that type and a finding of that type, the
offender shall serve the term in a jail other than a minimum security
jail established under section 341.34 or 753.21 of the Revised Code.

(E)
If a person who has been convicted of or pleaded guilty to a felony
is sentenced to a community residential sanction as described in
division (A) of this section, at the time of reception and at other
times the person in charge of the operation of the community-based
correctional facility, jail, halfway house, alternative residential
facility, or other place at which the offender will serve the
residential sanction determines to be appropriate, the person in
charge of the operation of the community-based correctional facility,
jail, halfway house, alternative residential facility, or other place
may cause the convicted offender to be examined and tested for
tuberculosis, HIV infection, hepatitis, including but not limited to
hepatitis A, B, and C, and other contagious diseases. The person in
charge of the operation of the community-based correctional facility,
jail, halfway house, alternative residential facility, or other place
at which the offender will serve the residential sanction may cause a
convicted offender in the community-based correctional facility,
jail, halfway house, alternative residential facility, or other place
who refuses to be tested or treated for tuberculosis, HIV infection,
hepatitis, including but not limited to hepatitis A, B, and C, or
another contagious disease to be tested and treated involuntarily.

Sec.
2929.17.
Except
as provided in this section

or in section 2965.04 of the Revised Code
,
the court imposing a sentence for a felony upon an offender who is
not required to serve a mandatory prison term may impose any
nonresidential sanction or combination of nonresidential sanctions
authorized under this section. If the court imposes one or more
nonresidential sanctions authorized under this section, the court
shall impose as a condition of the sanction that, during the period
of the nonresidential sanction, the offender shall abide by the law
and shall not leave the state without the permission of the court or
the offender's probation officer.

The
court imposing a sentence for a fourth degree felony OVI offense
under division (G)(1) or (2) of section 2929.13 of the Revised Code
or for a third degree felony OVI offense under division (G)(2) of
that section may impose upon the offender, in addition to the
mandatory term of local incarceration or mandatory prison term
imposed under the applicable division, a nonresidential sanction or
combination of nonresidential sanctions under this section, and the
offender shall serve or satisfy the sanction or combination of
sanctions after the offender has served the mandatory term of local
incarceration or mandatory prison term required for the offense. The
court shall not impose a term in a drug treatment program as
described in division (D) of this section until after considering an
assessment by a properly credentialed treatment professional, if
available. Nonresidential sanctions include, but are not limited to,
the following:

(A)
A term of day reporting;

(B)
A term of house arrest with electronic monitoring or continuous
alcohol monitoring or both electronic monitoring and continuous
alcohol monitoring, a term of electronic monitoring or continuous
alcohol monitoring without house arrest, or a term of house arrest
without electronic monitoring or continuous alcohol monitoring;

(C)
A term of community service of up to five hundred hours pursuant to
division (B) of section 2951.02 of the Revised Code or, if the court
determines that the offender is financially incapable of fulfilling a
financial sanction described in section 2929.18 of the Revised Code,
a term of community service as an alternative to a financial
sanction;

(D)
A term in a drug treatment program with a level of security for the
offender as determined by the court;

(E)
A term of intensive probation supervision;

(F)
A term of basic probation supervision;

(G)
A term of monitored time;

(H)
A term of drug and alcohol use monitoring, including random drug
testing;

(I)
A curfew term;

(J)
A requirement that the offender obtain employment;

(K)
A requirement that the offender obtain education or training;

(L)
Provided the court obtains the prior approval of the victim, a
requirement that the offender participate in victim-offender
mediation;

(M)
A license violation report;

(N)
If the offense is a violation of section 2919.25 or a violation of
section 2903.11, 2903.12, or 2903.13 of the Revised Code involving a
person who was a family or household member at the time of the
violation, if the offender committed the offense in the vicinity of
one or more children who are not victims of the offense, and if the
offender or the victim of the offense is a parent, guardian,
custodian, or person in loco parentis of one or more of those
children, a requirement that the offender obtain counseling. This
division does not limit the court in requiring the offender to obtain
counseling for any offense or in any circumstance not specified in
this division.

(O)
If the offense is a violation of section 2907.04 of the Revised Code
and the offender was under twenty-one years of age at the time of
committing the offense, a requirement that the offender participate
in a sex offender treatment program certified by the department of
rehabilitation and correction pursuant to section 2950.16 of the
Revised Code.

Sec.
2929.25.
(A)(1)
Except as provided in sections 2929.22

and
,

2929.23
,
and 2965.04

of the Revised Code or when a jail term is required by law, in
sentencing an offender for a misdemeanor, other than a minor
misdemeanor, the sentencing court may do either of the following:

(a)
Directly impose a sentence that consists of one or more community
control sanctions authorized by section 2929.26, 2929.27, or 2929.28
of the Revised Code. The court may impose any other conditions of
release under a community control sanction that the court considers
appropriate. If the court imposes a jail term upon the offender, the
court may impose any community control sanction or combination of
community control sanctions in addition to the jail term.

(b)
Impose a jail term under section 2929.24 of the Revised Code from the
range of jail terms authorized under that section for the offense,
suspend all or a portion of the jail term imposed, and place the
offender under a community control sanction or combination of
community control sanctions authorized under section 2929.26,
2929.27, or 2929.28 of the Revised Code.

(2)
The duration of all community control sanctions imposed upon an
offender and in effect for an offender at any time shall not exceed
five years.

(3)
At sentencing, if a court directly imposes a community control
sanction or combination of community control sanctions pursuant to
division (A)(1)(a) or (B) of this section, the court shall state the
duration of the community control sanctions imposed and shall notify
the offender that if any of the conditions of the community control
sanctions are violated the court may do any of the following:

(a)
Impose a longer time under the same community control sanction if the
total time under all of the offender's community control sanctions
does not exceed the five-year limit specified in division (A)(2) of
this section;

(b)
Impose a more restrictive community control sanction under section
2929.26, 2929.27, or 2929.28 of the Revised Code, but the court is
not required to impose any particular sanction or sanctions;

(c)
Impose a definite jail term from the range of jail terms authorized
for the offense under section 2929.24 of the Revised Code.

(B)
If a court sentences an offender to any community control sanction or
combination of community control sanctions pursuant to division
(A)(1)(a) of this section, the sentencing court retains jurisdiction
over the offender and the period of community control for the
duration of the period of community control. Upon the motion of
either party or on the court's own motion, the court, in the court's
sole discretion and as the circumstances warrant, may modify the
community control sanctions or conditions of release previously
imposed, substitute a community control sanction or condition of
release for another community control sanction or condition of
release previously imposed, or impose an additional community control
sanction or condition of release.

(C)(1)
If a court sentences an offender to any community control sanction or
combination of community control sanctions authorized under section
2929.26, 2929.27, or 2929.28 of the Revised Code, the court shall
place the offender under the general control and supervision of the
court or of a department of probation in the jurisdiction that serves
the court for purposes of reporting to the court a violation of any
of the conditions of the sanctions imposed. If the offender resides
in another jurisdiction and a department of probation has been
established to serve the municipal court or county court in that
jurisdiction, the sentencing court may request the municipal court or
the county court to receive the offender into the general control and
supervision of that department of probation for purposes of reporting
to the sentencing court a violation of any of the conditions of the
sanctions imposed. The sentencing court retains jurisdiction over any
offender whom it sentences for the duration of the sanction or
sanctions imposed.

(2)
The sentencing court shall require as a condition of any community
control sanction that the offender abide by the law and not leave the
state without the permission of the court or the offender's probation
officer. In the interests of doing justice, rehabilitating the
offender, and ensuring the offender's good behavior, the court may
impose additional requirements on the offender. The offender's
compliance with the additional requirements also shall be a condition
of the community control sanction imposed upon the offender.

(D)(1)
If the court imposing sentence upon an offender sentences the
offender to any community control sanction or combination of
community control sanctions authorized under section 2929.26,
2929.27, or 2929.28 of the Revised Code, and if the offender violates
any of the conditions of the sanctions, the public or private person
or entity that supervises or administers the program or activity that
comprises the sanction shall report the violation directly to the
sentencing court or to the department of probation or probation
officer with general control and supervision over the offender. If
the public or private person or entity reports the violation to the
department of probation or probation officer, the department or
officer shall report the violation to the sentencing court.

(2)
Except as provided in division (D)(3) of this section, if an offender
violates any condition of a community control sanction, the
sentencing court may impose upon the violator one or more of the
following penalties:

(a)
A longer time under the same community control sanction if the total
time under all of the community control sanctions imposed on the
violator does not exceed the five-year limit specified in division
(A)(2) of this section;

(b)
A more restrictive community control sanction;

(c)
A combination of community control sanctions, including a jail term.

(3)
If an offender was acting pursuant to division (B)(2)(b) of section
2925.11 or a related provision under section 2925.12, 2925.14, or
2925.141 of the Revised Code and in so doing violated the conditions
of a community control sanction based on a minor drug possession
offense, as defined in section 2925.11 of the Revised Code, or
violated section 2925.12, division (C)(1) of section 2925.14, or
section 2925.141 of the Revised Code, the sentencing court shall not
impose any of the penalties described in division (D)(2) of this
section based on the violation.

(4)
If the court imposes a jail term upon a violator pursuant to division
(D)(2) of this section, the total time spent in jail for the
misdemeanor offense and the violation of a condition of the community
control sanction shall not exceed the maximum jail term available for
the offense for which the sanction that was violated was imposed. The
court may reduce the longer period of time that the violator is
required to spend under the longer sanction or the more restrictive
sanction imposed under division (D)(2) of this section by all or part
of the time the violator successfully spent under the sanction that
was initially imposed.

(E)
Except as otherwise provided in this division, if an offender, for a
significant period of time, fulfills the conditions of a community
control sanction imposed pursuant to section 2929.26, 2929.27, or
2929.28 of the Revised Code in an exemplary manner, the court may
reduce the period of time under the community control sanction or
impose a less restrictive community control sanction. Fulfilling the
conditions of a community control sanction does not relieve the
offender of a duty to make restitution under section 2929.28 of the
Revised Code.

Sec.
2965.01.
As
used in this chapter:

(A)
"Alien" means an individual who is not a citizen or
national of the United States.

(B)
"Detention facility" means all of the following:

(1)
A state correctional institution, as defined in section 2967.01 of
the Revised Code;

(2)
A state correctional institution that is privately operated and
managed pursuant to section 9.06 of the Revised Code;

(3)
An institution, as defined in section 5139.01 of the Revised Code;

(4)
A county correctional facility, as defined in section 341.42 of the
Revised Code;

(5)
A municipal correctional facility, as defined in section 753.32 of
the Revised Code.

(C)
"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.

(D)
"Lawful federal request or order" includes a judicial or
administrative request or order, such as any of the following:

(1)
A warrant for arrest, removal, or deportation issued by a court of
competent jurisdiction;

(2)
A warrant for arrest issued by an officer of the United States
department of homeland security or its successor agency on form I-200
or its successor form;

(3)
A warrant of removal or deportation issued by an officer of the
United States department of homeland security or its successor agency
on form I-205 or its successor form;

(4)
A detainer issued by an officer of the United States department of
homeland security or its successor agency on form I-247 or its
successor form.

(E)
"United States immigration and customs enforcement" means
the immigration and customs enforcement section of the United States
department of homeland security or its successor agency that performs
the same duties with respect to persons who are unlawfully present in
the United States.

Sec.
2965.02.
A
law enforcement agency shall do all of the following:

(A)
Participate in any available program operated by United States
immigration and customs enforcement 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;

(B)
Report the identity of any arrestee whom a peace officer has
reasonable cause to believe is unlawfully present in the United
States to United States immigration and customs enforcement not later
than twenty-four hours after the arrest;

(C)
Upon receiving a lawful federal request or order to do so, detain a
person who is unlawfully present in the United States for up to
forty-eight hours after the person is otherwise scheduled to be
released, in order for the person to be transferred into federal
custody;

(D)
Allow its officers or employees to participate in the program
established under section 287(g) of the "Immigration and
Nationality Act," 8 U.S.C. 1357;

(E)
Enforce the provisions of this chapter;

(F)
Otherwise cooperate and comply with federal officials in the
enforcement of federal immigration law.

Sec.

2909.30

2965.03
.

(A)
A judge of a court of record shall direct the clerk of that court to
notify
the

United
States
immigration
and customs enforcement
section
of the United States department of homeland security
when
a suspected alien has been convicted of or pleaded guilty to

a felony

an offense
.

(B)
(B)(1)

The department of rehabilitation and correction monthly shall compile
a list of suspected aliens who are serving a prison term. The list
shall include the earliest possible date of release of the offender,
whether through expiration of prison term, parole, or other means.
The department shall provide a copy of the list to
the

United
States
immigration
and customs enforcement
section
of the United States department of homeland security
for

the
section
that
agency
to
determine whether it wishes custody of the suspected alien. If
the

United
States
immigration
and customs enforcement
section

indicates
it wishes custody, the department of rehabilitation and correction is
responsible for the suspected alien until
the
section takes
federal
authorities take
custody.

(2)
A detention facility that is not operated by the department of
rehabilitation and correction shall notify United States immigration
and customs enforcement not later than twenty-four hours after
admitting into custody any individual whom the officer admitting the
individual has reasonable cause to believe is unlawfully present in
the United States.

(C)

The
department of rehabilitation and correction, pursuant to a valid
detainer lodged against an alien who is not legally
A
detention facility shall do all of the following:

(1)
Upon receiving a lawful federal request or order to do so, detain a
person who is unlawfully
present
in the United States

and who has been convicted of or pleaded guilty to a felony

for up to forty-eight hours after the person is otherwise scheduled
to be released from the detention facility
,

shall
transfer that alien to
in
order for
the

person
to be transferred into federal
custody

of the immigration and enforcement section of the United States
department of homeland security upon completion of the alien's prison
term
;

(2)
Allow its officers or employees to participate in the program
established under section 287(g) of the "Immigration and
Nationality Act," 8 U.S.C. 1357;

(3)
Otherwise cooperate and comply with federal officials in the
enforcement of federal immigration law
.

(D)
As used in this section, "alien" means an individual who is
not a citizen of the United States.

Sec.
2965.04.
(A)
No person who is unlawfully present in the United States shall
knowingly enter, attempt to enter, or be present in this state.

(B)
It is an affirmative defense to a charge under division (A) of this
section that the defendant was approved for benefits under the
federal deferred action for childhood arrivals program between June
15, 2012, and July 16, 2021.

(C)(1)
Subject to division (C)(3) of this section, if the court finds that a
defendant meets any of the following criteria, the court shall order
a stay in the case for a renewable period of ninety days until the
defendant's citizenship or immigration status is determined:

(a)
The defendant has applied for and is awaiting an asylum
determination.

(b)
The defendant has been in the United States for less than thirty days
and will apply for asylum before the defendant has been present in
the United States for thirty days.

(c)
The defendant entered the United States lawfully, is currently
unlawfully present in the United States, and one of the following
applies:

(i)
The defendant has applied for and is awaiting a visa renewal or other
legal permission to remain in the United States.

(ii)
The defendant is in the process of leaving the state or the United
States.

(2)
If a defendant whose case was stayed under division (C)(1) of this
section becomes lawfully present in the United States or leaves this
state, the court shall dismiss the charge against the defendant under
this section with prejudice.

(3)
Divisions (C)(1) and (2) of this section do not apply to a defendant
who is also charged with an offense in addition to a violation of
this section, unless the additional offense is a minor misdemeanor.

(D)(1)
Except as otherwise provided in division (D)(2) of this section, a
person who violates this section is guilty of unlawful presence in
the state, a felony of the fifth degree.

(2)
If either of the following apply to the person, unlawful presence in
the state is a felony of the fourth degree:

(a)
The person has previously been convicted of violating this section.

(b)
Before the offense occurred, the person was excluded, deported, or
removed from the United States, or the person departed from the
United States while an order of exclusion, deportation, or removal
was outstanding, and the person is inadmissible to the United States
under 8 U.S.C. 1182(a)(9)(A) or (C).

(E)(1)
Notwithstanding the range of definite prison terms set forth in
division (A) of section 2929.14 of the Revised Code for a felony of
the fourth or fifth degree, if an offender is convicted of or pleads
guilty to unlawful presence in the state the court shall impose upon
the offender a mandatory prison term of twelve months, but may permit
the offender to be remanded into federal custody before the
conclusion of the twelve-month sentence.

(2)
If an offender is convicted of or pleads guilty to a fifth degree
felony violation of unlawful presence in the state, the court shall
impose upon the offender an additional fine of at least five hundred
dollars. If an offender is convicted of or pleads guilty to a fourth
degree felony violation of unlawful presence in the state, the court
shall impose upon the offender an additional fine of at least one
thousand dollars.

(F)
A defendant who is charged with or convicted of an offense under this
section is not eligible for community control sanctions, community
residential sanctions, or nonresidential sanctions.

Sec.
2965.05.
Upon
a conviction of an offense under section 2965.01 of the Revised Code,
the court shall enter both of the following in the judgment in the
case:

(A)
An order that the arresting law enforcement agency do both of the
following, if it has not already done so:

(1)
Collect all available identifying information of the offender,
including taking fingerprints from the offender and using other
applicable photographic and biometric measures to identify the
offender;

(2)
Cross-reference the identifying information with all relevant local,
state, and federal criminal databases and federal lists or
classifications used to identify threats or potential threats to
national security.

(B)
An order requiring the offender to exit the state not later than
seventy-two hours after the entry of the order or not later than
seventy-two hours after the completion of the term of confinement or
imprisonment imposed by the judgment, whichever is later.

Sec.
2965.06.
(A)
As used in this section, "qualifying law enforcement agency"
means a county sheriff or a law enforcement agency that is created by
a township or municipal corporation or of which the township or
municipal corporation is a member and by which the township or
municipal corporation is served.

(B)
A person who believes that a qualifying law enforcement agency is not
complying with the requirements of this chapter may file a complaint
with the attorney general. Upon receiving the complaint, the attorney
general shall investigate whether the agency is complying with the
requirements of this chapter. If the attorney general finds instances
of noncompliance, the attorney general shall submit a report to the
tax commissioner listing each such instance and ascribing the
instance of noncompliance as follows:

(1)
If the county sheriff is responsible for the noncompliance, the
county;

(2)
If another qualifying law enforcement agency is responsible for the
noncompliance, each municipal corporation or township that created
the agency or that is a member of and is served by that agency.

The
attorney general shall send not more than one report under this
section to the tax commissioner each month.

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 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 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 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 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 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, 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 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
means
a county, township, or municipal corporation
.

(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.

(5)
"Gross amount" means the entire amount of traffic camera
fines and fees paid by a driver.

(6)
"
Local
government fund adjustment" or "LGF
Traffic
camera
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
traffic
camera
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

5747.502
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
divisions (C) and (D) of this section.

(8)
"Residual
traffic
camera
adjustment"
means the most recent
LGF

traffic
camera
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.

(11)
"Traffic law photo-monitoring device" has the same meaning
as in section 4511.092 of the Revised Code.

(B)(1)
Annually, on or before the thirty-first day of 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
traffic
camera
adjustment
for each local authority that files a report under division (B)(1) of
this section or with respect to which a residual
traffic
camera
adjustment
applies. Subject to division (B)(3) of this section

and section 5747.505 of the Revised Code
,
the
LGF

traffic
camera
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

traffic
camera
adjustment
is computed. After those twelve months, the
LGF

traffic
camera
adjustment
ceases to apply and, if
an
LGF
a
traffic camera
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

traffic
camera
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 local government fund are to
resume.

(b)
Compute the local authority's
LGF

traffic
camera
adjustment
using the information in the report.
An
LGF
A
traffic camera
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

traffic
camera
adjustment
ceases to apply on the thirty-first day of the ensuing July,
following which, if
an
LGF
a
traffic camera
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

traffic
camera
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
traffic
camera
adjustment
for each local authority whose
LGF

traffic
camera
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
traffic
camera
adjustment
shall be used to compute the
LGF

traffic
camera
adjustment
for the ensuing year under division (B)(2) of this section.

(C)

The

Subject
to section 5747.505 of the Revised Code, the
commissioner
shall do the following, as applicable, respecting any local authority
to which
an
LGF
a
traffic camera
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

traffic
camera
adjustment.
If one-twelfth of the
LGF

traffic
camera
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 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

traffic
camera
adjustment,
or the amount of money the township or qualifying village would
otherwise receive under that section. If one-twelfth of the
LGF

traffic
camera
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

traffic
camera
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 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

Subject
to section 5747.505 of the Revised Code, 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 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 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)
"Immigration adjustment" means the sum of the following:

(a)
The number of instances of noncompliance with Chapter 2965. of the
Revised Code, as stated in the most recent report received by the tax
commissioner for a particular municipal corporation, township, or
county under section 2965.06 of the Revised Code, multiplied by five
hundred dollars;(b) The residual immigration adjustment computed for
the local authority under division (B)(2) of this section.

(2)
"Local authority" means a county, township, or municipal
corporation.

(3)
"Residual immigration adjustment" means the most recent
immigration adjustment computed for a local authority under division
(B)(1) of this section minus the amount the local authority's LGF
payments were reduced that month under division (C) of this section.

(4)
"Local government fund payments" or "LGF payments"
means the payments a local authority would receive 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.

(5)
"Qualifying village" has the same meaning as in section
5747.503 of the Revised Code.

(B)(1)
On or before the tenth day of each month that begins after the
effective date of this section, the tax commissioner shall compute an
immigration adjustment for each local authority for which a report
was received pursuant to section 2965.06 of the Revised Code that
month, or for which a positive residual immigration adjustment is
computed under division (B)(2) of this section. Except as provided in
section 5747.505 of the Revised Code, the commissioner shall subtract
the immigration adjustment from the local authority's next LGF
payment as described in division (C) of this section.

(2)
On or before the tenth day of each month, starting with the second
month that begins after the effective date of this section, the
commissioner shall compute a residual abortion adjustment for each
local authority whose immigration adjustment for the preceding month
exceeds the amount by which the local authority's LGF payments were
reduced for that month under division (C) of this section.

(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 immigration adjustment, or the
amount the municipal corporation would otherwise receive under that
division. If the immigration 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
lesser of the excess immigration adjustment or 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, 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 immigration
adjustment, or the amount of money the township or qualifying village
would otherwise receive under that section. If the immigration
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 the lesser of the excess immigration
adjustment or 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, 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
lesser of the immigration adjustment, or the amount of the payment
the county would otherwise receive from the fund under section
5747.51 or 5747.53 of the Revised Code.

(D)
The commissioner shall notify the county auditor and county treasurer
on or before the day the commissioner 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.

A
county treasurer that receives a notice from the commissioner under
this division shall reduce or ceasepayments 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 or
ceased, beginning with the next required payment.

(E)
On or before the tenth day of each month, the commissioner shall
transfer from the local government fund to the general revenue fund
the sum of the payments withheld that month under division (C) of
this section.

Sec.
5747.505.
As
used in this section, "local government fund payments" has
the same meaning as in section 5747.504 of the Revised Code.

If
a municipal corporation, township, or county is subject to more than
one reduction required by sections 5747.502 and 5747.504 of the
Revised Code for the same month, the tax commissioner shall proceed
in the following order, to the extent the reductions do not exceed
the amount of local government fund payments the municipal
corporation, township, or county would otherwise receive:

(A)
Apply any reduction required under division (C) of section 5747.504
of the Revised Code and deposit the amount of payments withheld to
the general revenue fund under division (E) of that section;

(B)
Apply any reduction required under division (D) of section 5747.502
of the Revised Code and deposit the amount of payments withheld to
appropriate account of the Ohio highway and transportation safety
fund under division (F) of that section;

(C)
Apply any reduction required under division (C) of section 5747.502
of the Revised Code and deposit the amount of payments withheld to
the municipal corporation, township, or county, as required by
division (C)(4) of section 5747.502 of the Revised Code, and to the
appropriate account of the Ohio highway and transportation safety
fund under division (F) of that section.

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 local government funds under section
5747.502 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 local government fund to a subdivision required to
receive reduced funds under section 5747.502
or
5747.504
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;

(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
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 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

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 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.

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 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, 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.

(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 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. 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 2909.30, 2929.15, 2929.16, 2929.17, 2929.25
,
5747.50, 5747.502, 5747.51, and 5747.53

of the Revised Code are hereby repealed.

Section
3.
This
act shall be known as the America First Act.

Section
4.
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
following sections, presented in this act as composites of the
sections as amended by the acts indicated, are the resulting versions
of the sections in effect prior to the effective date of the sections
as presented in this act:

Section
2929.15 of the Revised Code as amended by H.B. 110, H.B. 281, and
S.B. 288, all of the 134th General Assembly.

Section
5747.53 of the Revised Code as amended by H.B. 33 of the 135th
General Assembly and H.B. 62 of the 133rd General Assembly.