Enact Protecting Ohio Communities Act

As Introduced

136th
General Assembly

Regular
Session
H. B. No. 26

2025-2026

Representatives Williams, Fischer

Cosponsors: Representatives Gross,
Hall, T., Johnson, Mathews, T., Lear, Miller, K., Klopfenstein,
Hiner, Bird, Schmidt, King, Fowler Arthur, Robb Blasdel

A
BILL

To
amend sections 9.63, 4501.06, 5747.50, 5747.502, 5747.51, and 5747.53
and to enact sections 9.631, 9.632, 9.633, and 5747.504 of the
Revised Code
to
require state and local authorities to cooperate with the federal
government in the enforcement of immigration laws, to prescribe
funding reductions for noncompliance, to name this act the Protecting
Ohio Communities Act, and to declare an emergency.

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

Section
1.
That
sections 9.63, 4501.06, 5747.50, 5747.502, 5747.51, and 5747.53 be
amended and sections 9.631, 9.632, 9.633, and 5747.504 of the Revised
Code be enacted to read as follows:

Sec.
9.63.
(A)
Notwithstanding any law, ordinance, or collective bargaining contract
to the contrary, no state or local employee shall unreasonably fail
to comply with any lawful request for assistance made by any federal
authorities carrying out the provisions of the USA Patriot Act, any
federal
immigration
or
terrorism
investigation, or any executive order of the president of the United
States pertaining to homeland security, to the extent that the
request is consistent with the doctrine of federalism.

(B)
No municipal corporation shall enact an ordinance, policy, directive,
rule, or resolution that would materially hinder or prevent local
employees from complying with the USA Patriot Act or any executive
order of the president of the United States pertaining to homeland
security or from cooperating with state or federal
immigration
services and
terrorism
investigations.

(C)(1)
Any municipal corporation that enacts any ordinance, policy,
directive, rule, or resolution that division (B) of this section
prohibits is ineligible to receive any homeland security funding
available from the state.

(2)
Whenever the director of public safety determines that a municipal
corporation has enacted any ordinance, policy, directive, rule, or
resolution that division (B) of this section prohibits, the director
shall certify that the municipal corporation is ineligible to receive
any homeland security funding from the state and shall notify the
general assembly of that ineligibility. That municipal corporation
shall remain ineligible to receive any homeland security funding from
the state until the director certifies that the ordinance, policy,
directive, rule, or resolution has been repealed.

(D)(1)
If a state or local employee states disagreement with, or a critical
opinion of, the USA Patriot Act, any federal
immigration
or
terrorism
policy, or any executive order of the president of the United States
pertaining to homeland security, the statement of disagreement with
or critical opinion of the act or order is not sufficient to qualify
for purposes of this section as unreasonable noncompliance with a
request for assistance of the type division (A) of this section
describes.

(2)
Any municipal corporation's ordinance, policy, directive, rule, or
resolution that states disagreement with, or a critical opinion of,
any state or federal
immigration
or
terrorism
policy, the USA Patriot Act, or any executive order of the president
of the United States pertaining to homeland security is not
sufficient to qualify as a "material hindrance or prevention"
of local employees from cooperating with federal
immigration
services and
terrorism
investigations or from complying with the USA Patriot Act or any
executive order of the president of the United States pertaining to
homeland security for purposes of divisions (B), (C), and (D) of this
section.

(E)
As used in this section, "USA Patriot Act" means the
"Uniting and Strengthening America by Providing Appropriate
Tools Required to Intercept and Obstruct Terrorism (USA Patriot Act)
Act of 2001," Pub. L. No. 107-056, 115 Stat. 272, as amended.

Sec.
9.631.
(A)
As used in this section and sections 9.632 and 9.633 of the Revised
Code:

(1)
"Law enforcement agency" means a municipal or township
police department, the office of a sheriff, the state highway patrol,
or any other state or local governmental body that enforces criminal
laws and that has employees who have a statutory power of arrest.

(2)
"Political subdivision" means a county, township, municipal
corporation, or any other body corporate and politic that is
responsible for government activities in a geographic area smaller
than that of the state.

(3)
"State or local governmental entity" means any agency,
board, bureau, commission, council, department, division, office, or
other organized body established by the state or a political
subdivision for the exercise of any function of the state or a
political subdivision.

(4)
"State or local public benefit" has the same meaning as in
division (c) of section 411 of the "Personal Responsibility and
Work Opportunity Reconciliation Act of 1996," 8 U.S.C. 1621(c),
as amended.

(B)
A law enforcement agency shall do all of the following:

(1)
Participate in any available program operated by the United States
department of homeland security or its successor department that
allows the law enforcement agency to submit to federal authorities
information about an arrestee in order to enable those authorities to
determine whether the arrestee is unlawfully present in the United
States;

(2)
Immediately report the identity of any arrestee whom a peace officer
has reasonable cause to believe is unlawfully present in the United
States to the appropriate office of the United States immigration and
customs enforcement agency or its successor agency;

(3)
Detain a person who is unlawfully present in the United States, upon
receiving a lawful federal request or order to do so, until the
person is transferred into federal custody;

(4)
Otherwise cooperate and comply with federal officials in the
enforcement of federal immigration law.

(C)(1)
Each state or local governmental entity administering a state or
local public benefit shall comply with section 411 of the "Personal
Responsibility and Work Opportunity Reconciliation Act of 1996,"
8 U.S.C. 1621, as amended.

(2)
Except as otherwise provided in division (C)(3) of this section,
whenever a person who is not a United States citizen or national
applies to a state or local governmental entity for a state or local
public benefit, the state or local governmental entity shall verify
whether the person is ineligible for the benefit under section 411 of
the "Personal Responsibility and Work Opportunity Reconciliation
Act of 1996," 8 U.S.C. 1621, as amended, using the systematic
alien verification for entitlements (SAVE) program, or its successor
program, operated by the United States department of homeland
security or its successor agency.

(3)
Division (C)(2) of this section does not apply when a person applies
for a state or local public benefit described in division (b) of
section 411 of the "Personal Responsibility and Work Opportunity
Reconciliation Act of 1996," 8 U.S.C. 1621, as amended, or for a
state or local public benefit for which the Revised Code
affirmatively provides eligibility for persons described in division
(a) of that section.

(D)
No state or local government agency or political subdivision shall
adopt an ordinance, policy, directive, rule, or resolution that
prohibits or otherwise restricts a public official or employee from
doing any of the following:

(1)
Complying with the requirements of division (B) or (C) of this
section;

(2)
Inquiring about a person's name, birthdate, place of birth, or
citizenship or immigration status in the course of investigating or
prosecuting a violation of any law or ordinance;

(3)
Maintaining information about a person's citizenship or immigration
status;

(4)
Sending information to, or requesting or receiving information from,
a federal, state, or local government agency or employee concerning a
person's citizenship or immigration status or for the purpose of
determining a person's citizenship or immigration status;

(5)
Complying with any request by a federal agency engaged in the
enforcement of federal immigration law for information, access, or
assistance, regardless of whether the federal agency has obtained a
warrant to compel the state or local government agency or political
subdivision to comply with the request, unless federal law prohibits
the state or local government agency or political subdivision from
complying with the request.

Sec.
9.632.
(A)
Each law enforcement agency and each state or local governmental
entity that administers a state or local public benefit shall notify
its officers and employees of the requirements of sections 9.63 and
9.631 of the Revised Code.

(B)(1)
A member of the general assembly who believes that a county,
township, or municipal corporation or the law enforcement agency that
serves the county, township, or municipal corporation is not
complying with the requirements of section 9.631 of the Revised Code
may file a complaint with the attorney general. Upon receiving the
complaint, the attorney general shall investigate whether the county,
township, municipal corporation, or law enforcement agency is
complying with the requirements of that section and shall submit a
report of the attorney general's findings to the treasurer of state
and to the tax commissioner.

(2)
If the attorney general determines that a county, township, municipal
corporation, or law enforcement agency originally reported as failing
to comply with the requirements of section 9.631 of the Revised Code
is in compliance with those requirements, the attorney general
promptly shall issue an addendum to the attorney general's original
report concerning that county, township, municipal corporation, or
law enforcement agency to the persons who received the original
report.

(C)
If the attorney general determines that a county, township, or
municipal corporation or the law enforcement agency that serves the
county, township, or municipal corporation is not in compliance with
the requirements of section 9.631 of the Revised Code, then the
county, township, or municipal corporation is ineligible to receive
homeland security funding and required to receive reduced local
government fund distributions from the state under section 5747.504
of the Revised Code until the attorney general certifies in an
addendum issued under division (B)(2) of this section that the
county, township, municipal corporation, or law enforcement agency is
in compliance with the requirements of that section.

Sec.
9.633.
A
county, township, or municipal corporation shall submit a report
annually to the attorney general confirming the county, township, or
municipal corporation is in compliance with sections 9.63, 9.631, and
9.632 of the Revised Code.

Sec.
4501.06.
The
taxes, fees, and fines levied, charged, or referred to in Chapters
4501., 4503., 4504., 4505., 4506., 4507., 4509., 4510., 4511., 4517.,
4519., and 4521., division (A) of section 4508.06, and sections
2935.27, 3123.59, 4508.05, 4513.53, 4738.06, 4738.13,
and

5502.12
,
and 5747.504

of the Revised Code, unless otherwise designated by law, shall be
deposited in the state treasury to the credit of the public safety -
highway purposes fund, which is hereby created. Money credited to the
fund shall be used for the purpose of enforcing and paying the
expenses of administering the laws relative to the registration and
operation of motor vehicles on the public roads or highways and to
the powers and duties of the registrar of motor vehicles. Amounts
credited to the fund may also be used to pay the expenses of
administering and enforcing the laws under which such fees were
collected. All investment earnings of the public safety - highway
purposes fund shall be credited to the fund.

Sec.
5747.50.
(A)
As used in this section:

(1)
"County's proportionate share of the calendar year 2007 LGF and
LGRAF distributions" means the percentage computed for the
county under division (B)(1)(a) of section 5747.501 of the Revised
Code.

(2)
"County's proportionate share of the total amount of the local
government fund additional revenue formula" means each county's
proportionate share of the state's population as determined for and
certified to the county for distributions to be made during the
current calendar year under division (B)(2)(a) of section 5747.501 of
the Revised Code. If prior to the first day of January of the current
calendar year the federal government has issued a revision to the
population figures reflected in the estimate produced pursuant to
division (B)(2)(a) of section 5747.501 of the Revised Code, such
revised 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.

(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 adjustment"
means the sum of:

(a)
The gross amount of all traffic camera fines collected by a local
authority during the preceding fiscal year, as reported under
division (B)(1) of this section, if such a report is required; plus

(b)
The residual adjustment computed for the local authority under
division (B)(4) of this section, if such an adjustment applies.

(7)
"Local government fund payments" or "LGF payments"
means the payments a local authority would receive under sections

5747.502
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

or under section 5747.504 of the Revised Code
.

(8)
"Residual adjustment" means the most recent LGF adjustment
computed for a local authority under division (B)(2) or (3) of this
section minus the sum of the reductions applied after that
computation under division (C) of this section to the local
authority's LGF payments.

(9)
"Traffic camera fines" means civil fines for any violation
of any local ordinance or resolution that are based upon evidence
recorded by a traffic law photo-monitoring device.

(10)
"Qualifying village" has the same meaning as in section
5747.503 of the Revised Code.

(B)(1)
Annually, on or before the thirty-first day of July, any local
authority that directly or indirectly collected traffic camera fines
during the preceding fiscal year shall file a report with the tax
commissioner that includes a detailed statement of the gross amount
of all traffic camera fines the local authority collected during that
period and the gross amount of such fines that the local authority
collected for violations that occurred within a school zone.

(2)
Annually, on or before the tenth day of August, the commissioner
shall compute a local government fund adjustment for each local
authority that files a report under division (B)(1) of this section
or with respect to which a residual adjustment applies. Subject to
division (B)(3) of this section, the LGF adjustment shall be used by
the commissioner to determine the amount of the reductions required
under division (C) of this section for each of the next twelve
months, starting with the month in which the LGF adjustment is
computed. After those twelve months, the LGF adjustment ceases to
apply and, if an LGF adjustment continues to be required, the amount
of the reductions required under division (C) of this section shall
be determined based on an updated LGF adjustment computed under this
division.

(3)
Upon receipt of a report described by division (B)(1) of this section
that is not timely filed, the commissioner shall do both of the
following:

(a)
If one or more payments to the local authority has been withheld
under division (D) of this section because of the local authority's
failure to file the report, notify the county auditor and county
treasurer of the appropriate county that the report has been received
and that, subject to division (C) of this section, payments to the
local authority from the undivided local government fund are to
resume.

(b)
Compute the local authority's LGF adjustment using the information in
the report. An LGF adjustment computed under this division shall be
used by the commissioner to determine the amount of the reductions
required under division (C) of this section starting with the next
required reduction. The LGF adjustment ceases to apply on the
thirty-first day of the ensuing July, following which, if an LGF
adjustment continues to be required, the amount of the reductions
required under division (C) of this section shall be determined based
on an updated LGF adjustment computed under division (B)(2) of this
section.

(4)
Annually, on or before the tenth day of August, the commissioner
shall compute a residual adjustment for each local authority whose
LGF adjustment for the preceding year exceeds the amount by which the
local authority's LGF payments were reduced during that year under
division (C) of this section. The residual adjustment shall be used
to compute the LGF adjustment for the ensuing year under division
(B)(2) of this section.

(C)
The commissioner shall do the following, as applicable, respecting
any local authority to which an LGF adjustment computed under
division (B) of this section applies:

(1)
If the local authority is a municipal corporation with a population
of one thousand or more, reduce payments to the municipal corporation
under division (C) of section 5747.50 of the Revised Code by
one-twelfth of the LGF adjustment. If one-twelfth of the LGF
adjustment exceeds the amount of money the municipal corporation
would otherwise receive under division (C) of section 5747.50 of the
Revised Code, the commissioner also shall reduce payments to the
appropriate county undivided local government fund under division (B)
of section 5747.50 of the Revised Code by an amount equal to the
lesser of (a) one-twelfth of the excess, or (b) the amount of the
payment the municipal corporation would otherwise receive from the
fund under section 5747.51 or 5747.53 of the Revised Code.

(2)
If the local authority is a township or qualifying village, reduce
the supplemental payments to the appropriate county undivided local
government fund under section 5747.503 of the Revised Code by the
lesser of one-twelfth of the LGF adjustment, or the amount of money
the township or qualifying village would otherwise receive under that
section. If one-twelfth of the LGF adjustment exceeds the amount of
money the township or qualifying village would otherwise receive
under section 5747.503 of the Revised Code, the commissioner also
shall reduce payments to the appropriate county undivided local
government fund under division (B) of section 5747.50 of the Revised
Code by an amount equal to the lesser of (a) one-twelfth of the
excess, or (b) the amount of the payment the township or qualifying
village would otherwise receive from the fund under section 5747.51
or 5747.53 of the Revised Code.

(3)
If the local authority is a county, reduce payments to the
appropriate county undivided local government fund under division (B)
of section 5747.50 of the Revised Code by an amount equal to the
lesser of (a) one-twelfth of the LGF adjustment, or (b) the amount of
the payment the county would otherwise receive from the fund under
section 5747.51 or 5747.53 of the Revised Code.

(4)
For any local authority, on or before the tenth day of each month a
reduction is made under division (C)(1), (2), or (3) of this section,
make a payment to the local authority in an amount equal to the
lesser of (a) one-twelfth of the gross amount of traffic camera fines
the local authority collected in the preceding fiscal year for
violations that occurred within a school zone, as indicated on the
report filed by the local authority pursuant to division (B)(1) of
this section, or (b) the amount by which the local authority's LGF
payments were reduced that month pursuant to division (C)(1), (2), or
(3) of this section. Payments received by a local authority under
this division shall be used by the local authority for school safety
purposes.

(D)
Upon discovery, based on information in the commissioner's
possession, that a local authority required to file a report under
division (B)(1) of this section has failed to do so, the commissioner
shall do the following, as applicable:

(1)
If the local authority is a municipal corporation with a population
of one thousand or more, cease providing for payments to the
municipal corporation under section 5747.50 of the Revised Code
beginning with the next required payment and until such time as the
report is received by the commissioner;

(2)
If the local authority is a township or qualifying village, reduce
the supplemental payments to the appropriate county undivided local
government fund under section 5747.503 of the Revised Code by an
amount equal to the amount of such payments the local authority would
otherwise receive under that section, beginning with the next
required payment and until such time as the report is received by the
commissioner;

(3)
For any local authority, reduce payments to the appropriate county
undivided local government fund under division (B) of section 5747.50
of the Revised Code by an amount 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)
"Sanctuary jurisdiction adjustment" means ten per cent of a
local authority's local government fund payment for a month.

(2)
"Local authority" has the same meaning as in section
5747.502 of the Revised Code.

(3)
"Local government fund payments" or "LGF payments"
means the payments a local authority would receive each month under
sections 5747.503, 5747.51, and 5747.53, and division (C) of section
5747.50 of the Revised Code, as applicable, if not for the reductions
required by this section, but subject to any reduction under section
5747.502 of the Revised Code for that month.

(4)
"Qualifying village" has the same meaning as in section
5747.503 of the Revised Code.

(B)
Upon receiving notification from the attorney general, pursuant to
section 9.632 of the Revised Code, that a local authority is not in
compliance with the requirements of section 9.631 of the Revised
Code, the commissioner shall subtract a sanctuary jurisdiction
adjustment from the local authority's LGF payments, as described in
division (C) of this section, beginning with the next required
payment and until such time as the attorney general notifies the
commissioner, pursuant to section 9.632 of the Revised Code, that the
local authority is in compliance with the requirements of section
9.631 of the Revised Code.

(C)(1)
If the local authority is a municipal corporation with a population
of one thousand or more, the commissioner shall first reduce payments
to the municipal corporation under division (C) of section 5747.50 of
the Revised Code by the lesser of the sanctuary jurisdiction
adjustment or the amount the municipal corporation would otherwise
receive under that division. If the sanctuary jurisdiction adjustment
exceeds the amount of money the municipal corporation would otherwise
receive under division (C) of section 5747.50 of the Revised Code,
the commissioner also shall reduce payments to the appropriate county
undivided local government fund under division (B) of section 5747.50
of the Revised Code by the excess sanctuary jurisdiction adjustment.

(2)
If the local authority is a qualifying village or township, the
commissioner shall first reduce supplemental payments to the
appropriate county undivided local government fund under section
5747.503 of the Revised Code by the lesser of the sanctuary
jurisdiction adjustment, or the amount of money the qualifying
village or township would otherwise receive under that section. If
the sanctuary jurisdiction adjustment exceeds the amount of money the
qualifying village or township would otherwise receive under section
5747.503 of the Revised Code, the commissioner also shall reduce
payments to the appropriate county undivided local government fund
under division (B) of section 5747.50 of the Revised Code by the
excess sanctuary jurisdiction adjustment.

(3)
If the local authority is a county, the commissioner shall reduce
payments to the appropriate county undivided local government fund
under division (B) of section 5747.50 of the Revised Code by the
sanctuary jurisdiction adjustment.

(D)
The tax commissioner shall notify the county auditor and county
treasurer on or before the day the commissioner first reduces a
county undivided local government fund payment to that county under
division (C) of this section. The notice shall include the full
amount of the reduction, a list of the local authorities to which the
reduction applies, and the amount of reduction attributed to each
such local authority. The commissioner shall send an updated notice
to the county auditor and county treasurer any time the amount of the
reduction attributed to any local authority changes or ceases.

A
county treasurer that receives a notice from the commissioner under
this division shall reduce or resume payments from the undivided
local government fund to the local authority that is the subject of
the notice. Unless otherwise specified in the notice, the payments
shall be reduced or resumed beginning with the next required payment.

(E)
On or before the tenth day of each month, the tax commissioner shall
transfer from the local government fund to the public safety -
highway purposes fund created in section 4501.06 of the Revised Code
the sum of the payments withheld that month under division (C) of
this section. Such moneys shall be used to pay the administrative
costs and expenses associated with the state highway patrol and the
state enforcement of traffic laws as conducted by the state highway
patrol.

Sec.
5747.51.
(A)
On or before the twenty-fifth day of July of each year, the tax
commissioner shall make and certify to the county auditor of each
county an estimate of the amount of the local government fund to be
allocated to the undivided local government fund of each county for
the ensuing calendar year, adjusting the total as required to account
for subdivisions receiving
reduced

local
government funds under section 5747.502
or
5747.504
of
the Revised Code.

(B)
At each annual regular session of the county budget commission
convened pursuant to section 5705.27 of the Revised Code, each
auditor shall present to the commission the certificate of the
commissioner, the annual tax budget and estimates, and the records
showing the action of the commission in its last preceding regular
session. The commission, after extending to the representatives of
each subdivision an opportunity to be heard, under oath administered
by any member of the commission, and considering all the facts and
information presented to it by the auditor, shall determine the
amount of the undivided local government fund needed by and to be
apportioned to each subdivision for current operating expenses, as
shown in the tax budget of the subdivision. This determination shall
be made pursuant to divisions (C) to (I) of this section, unless the
commission has provided for a formula pursuant to section 5747.53 of
the Revised Code. The commissioner shall reduce the amount of funds
from the undivided local government fund to a subdivision required to
receive reduced funds under section 5747.502 of the Revised Code.

Nothing
in this section prevents the budget commission, for the purpose of
apportioning the undivided local government fund, from inquiring into
the claimed needs of any subdivision as stated in its tax budget, or
from adjusting claimed needs to reflect actual needs. For the
purposes of this section, "current operating expenses"
means the lawful expenditures of a subdivision, except those for
permanent improvements and except payments for interest, sinking
fund, and retirement of bonds, notes, and certificates of
indebtedness of the subdivision.

(C)
The commission shall determine the combined total of the estimated
expenditures, including transfers, from the general fund and any
special funds other than special funds established for road and
bridge; street construction, maintenance, and repair; state highway
improvement; and gas, water, sewer, and electric public utilities
operated by a subdivision, as shown in the subdivision's tax budget
for the ensuing calendar year.

(D)
From the combined total of expenditures calculated pursuant to
division (C) of this section, the commission shall deduct the
following expenditures, if included in these funds in the tax budget:

(1)
Expenditures for permanent improvements as defined in division (E) of
section 5705.01 of the Revised Code;

(2)
In the case of counties and townships, transfers to the road and
bridge fund, and in the case of municipalities, transfers to the
street construction, maintenance, and repair fund and the state
highway improvement fund;

(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 9.63, 4501.06, 5747.50, 5747.502, 5747.51, and
5747.53 of the Revised Code are hereby repealed.

Section
3.
If
any provision of this act or the application of this act to any
person or circumstance is held invalid, that invalidity does not
affect any other provisions or applications of this act that can be
given effect without the invalid provision or application.

Section
4.
(A)
The General Assembly finds that all of the following are true:

(1)
Sanctuary policies that restrict, obstruct, or discourage cooperation
with federal immigration authorities are prohibited by such federal
laws as Section 642 of the "Omnibus Consolidated Appropriations
Act of 1996," 8 U.S.C. 1373, which states that "a Federal,
State, or local government entity or official may not prohibit, or in
any way restrict, any government entity or official from sending to,
or receiving from, the Immigration and Naturalization Service
information regarding the citizenship or immigration status, lawful
or unlawful, of any individual."

(2)
In
Arizona
v. United States
,
567 U.S. 387 (2012), the Supreme Court of the United States ruled
that the United States Congress has the exclusive authority to
legislate on immigration matters, that states may not augment the
penalties for violating federal immigration laws, that "consultation
between federal and state officials is an important feature of the
immigration system," and that "Congress has encouraged the
sharing of information about possible immigration violations."

(B)
The General Assembly declares all of the following:

(1)
Given the supremacy of all federal laws pertaining to immigration,
including Section 274 of the "Immigration and Nationality Act,"
8 U.S.C. 1324, as amended, which prohibits knowingly harboring
persons who are unlawfully present in the United States, it is
inappropriate and contrary to the public safety and welfare of this
state for any public official to encourage, endorse, or otherwise
support any public or private organization that seeks to offer
so-called "sanctuary protection" to persons who are
unlawfully present in the United States.

(2)
Policies that direct state or local employees not to cooperate with
federal immigration authorities or that protect persons who are
unlawfully present in the United States are contrary to federal law,
the interests of this state, and the safety and welfare of the people
of this state.

(3)
This act is necessary to ensure consistency and fairness in the
enforcement of the laws of this state.

(4)
The subject of this act is a matter of statewide concern.

Section
5.
This
act shall be known as the Protecting Ohio Communities Act.

Section
6.
Section
5747.53 of the Revised Code is presented in this act as a composite
of the section as amended by H.B. 33 of the 135th General Assembly
and H.B. 62 of the 133rd General Assembly. The General Assembly,
applying the principle stated in division (B) of section 1.52 of the
Revised Code that amendments are to be harmonized if reasonably
capable of simultaneous operation, finds that the composite is the
resulting version of the section in effect prior to the effective
date of the section as presented in this act.

Section
7.
This
act is declared to be an emergency measure necessary for the
immediate preservation of the public peace, health, and safety. The
reason for that necessity is that government policies that prohibit
cooperation with federal authorities in the enforcement of
immigration laws endanger the public safety and welfare. Therefore,
this act shall go into immediate effect.