OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
improper
H.B. 93 Bill Analysis
135th General Assembly
Click here for H.B.93’s Fiscal Note
Version: As Passed by the House
Primary Sponsors: Reps. Johnson and McClain
Effective Date:
Reid J. Fleeson, Attorney
SUMMARY
 Makes changes to municipal corporation laws relating to actions at law for recovery of
unpaid rents and charges for village utility services and for unpaid rates and charges for
sewerage and collection or disposal services.
 Establishes new regulations and authority regarding rates and charges, fees, and other
billing issues for municipal services and provides a complaint process for persons to
make improper billing complaints to municipal services providers.
 Applies the requirement that a contract for sewerage services and collection or disposal
services be made with the owner-occupant of the property served as a prerequisite for
imposing a municipal lien for unpaid amounts for those services.
 Establishes new requirements regarding municipal liens (liens certified for water
services, sewerage services, and collection or disposal services).
 Requires a municipal authority to take certain actions before a lien may be certified on a
property, such as providing additional verification to the county auditor and giving
notice to the property owner.
 Directs a municipal court or county court to hear municipal services improper billing
appeals and municipal lien appeals under procedures and requirements imposed by the
bill.
 Applies the municipal lien appeals process only to municipal liens placed on a property
on or after the effective date of the bill.
 Exempts a county that operates as a municipal services provider from the municipal
services improper billing requirements, the municipal services improper billing appeals
process, and the municipal lien appeals process created by the bill.
December 15, 2023
Office of Research and Drafting LSC Legislative Budget Office
TABLE OF CONTENTS
Introduction .................................................................................................................................... 3
Terms used in bill ........................................................................................................................ 3
Actions at law .................................................................................................................................. 4
Village utility services actions at law ........................................................................................... 4
Sewerage services actions at law ................................................................................................ 4
Collection or disposal services actions at law ............................................................................. 4
City water services actions at law ............................................................................................... 4
Municipal services authority ........................................................................................................... 5
Financial responsibility ................................................................................................................ 5
Certifying liens or bringing actions at law ................................................................................... 5
Tenant reinstatement fee ........................................................................................................... 6
Tracking unpaid rates .................................................................................................................. 6
Billing details and history review ................................................................................................ 7
Improper billing complaints ............................................................................................................ 7
Right to make complaint ............................................................................................................. 7
Complaint process ....................................................................................................................... 7
Municipal court and county court jurisdiction ............................................................................... 7
Improper billing appeals ................................................................................................................. 7
Rules ............................................................................................................................................ 8
Municipal liens ................................................................................................................................ 8
Placement of lien ......................................................................................................................... 8
Additional certification contents................................................................................................. 9
Notice to property owner ........................................................................................................... 9
Collection of lien amounts .......................................................................................................... 9
Water services payments ..................................................................................................... 10
All municipal services payments .......................................................................................... 10
Municipal lien appeals .................................................................................................................. 11
Applicability of the lien appeals process ................................................................................... 11
Who may appeal ....................................................................................................................... 11
Rules .......................................................................................................................................... 11
Standard to find for owner ........................................................................................................ 11
Counties exempt ........................................................................................................................... 12
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As Passed by the House
Office of Research and Drafting LSC Legislative Budget Office
DETAILED ANALYSIS
Introduction
The bill makes changes to Ohio municipal corporation laws relating to actions at law for
recovery of unpaid rates, rents, and charges for village utility services, sewerage services, and
for unpaid rates and charges for collection or disposal services. The bill also provides for other
new regulations and authority regarding rates and charges, fees, and other billing issues for
municipal services. Additionally, the bill establishes a process that a municipal authority must
follow before a municipal lien can be placed on a property. Finally, the bill empowers municipal
courts and county courts to address municipal services billing and payment complaints and
municipal services lien appeals.
It is not clear how these alterations might impact Municipal Home Rule authority
granted by the Ohio Constitution and how the courts might address any such impact.1
Under current law, municipal corporations in Ohio are either villages or cities. A village
has a population of less than 5,000; a city has a population of 5,000 or more.2
Terms used in bill
For purposes of this analysis, “village utility services” means water, electricity, gas, and
other similar utility services provided through a village’s board of trustees of public affairs.3
“Collection or disposal services,” under this analysis, refers to the collection or disposal
of garbage, ashes, animal and vegetable refuse, dead animals, or animal offal.4
The bill defines “municipal services” as water services, collection or disposal services,
and sewerage services.5 The bill also defines “municipal authority” to mean a board of trustees
of public affairs (regarding village utility services), director of public service or other official or
body designated by charter (regarding city water services), or legislative authority of a
municipal corporation (regarding collection or disposal services and sewerage services), as the
context requires.6 “Municipal services provider” is defined in the bill as the entity created or
1 See pages 2-3 and 7-8 of the LSC Members Brief on Municipal Home Rule (PDF), which is available on
the LSC website: https://www.lsc.ohio.gov/publications/members-briefs.
2 Ohio Constitution, Article 18, Section 1.
3 R.C. 735.29(C) and (D).
4 R.C. 701.10.
5 R.C. 701.20(E).
6 R.C. 701.20(D).
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As Passed by the House
Office of Research and Drafting LSC Legislative Budget Office
designated by the municipal authority to provide municipal services.7 “Water services,” as used
in this analysis, refers to water services of a city and village waterworks services.8
Actions at law
Village utility services actions at law
The bill provides that when rents and charges for village utility services consisting of
electricity, gas, or other public utility services have not been paid when due, the board may
collect them by actions at law in the village’s name from an owner, tenant, or other person who
is liable to pay them. Currently, the law says those rents and charges may be collected by
actions at law in the village’s name, but does not specify from whom they may be collected.
Continuing law, unchanged by the bill, permits the board to collect unpaid village water
rents or charges using an action at law in the name of the village from an owner, tenant, or
other person who is liable to pay.9
Sewerage services actions at law
The bill permits the legislative authority of a municipal corporation that has established
a rate or charge for sewerage services to collect unpaid amounts from an owner, tenant, or
other person who is liable to pay the unpaid amounts using an action at law in the name of the
municipal corporation.10
Collection or disposal services actions at law
The bill provides that the legislative authority of a municipal corporation that has
established a rate or charge for collection or disposal services, which has gone unpaid, may
collect it by actions at law in the name of the municipal corporation from an owner, tenant, or
other person who is liable to pay the rents or charges.11
City water services actions at law
Current law, unchanged by the bill, allows the city director of public service or other
official or body that assesses a water rent or charge for city water services to collect unpaid
amounts by action at law in the name of the city from an owner, tenant, or other person who is
liable to pay the rents or charges.12
7 R.C. 701.20(F).
8 R.C. 735.29(D) and 743.04.
9 R.C. 735.29(C) and (D)(2).
10 R.C. 729.491.
11 R.C. 701.101.
12 R.C. 743.04(A)(1)(b).
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As Passed by the House
Office of Research and Drafting LSC Legislative Budget Office
Municipal services authority
The bill creates various other new regulations and authority regarding municipal
services.
Financial responsibility
The bill provides that any person who contracts to receive municipal services is
financially responsible for paying all rates, fees, charges, and costs associated with the delivery
of that service.13
Certifying liens or bringing actions at law
If, due to unpaid municipal services rates or charges, a municipal authority (1) attempts
to certify a lien to the county auditor for those services14 against a property or (2) brings an
action at law to collect for those services,15 the bill establishes a rebuttable presumption that
amounts exceeding the termination amount cannot be certified as a lien, or recovered by the
action, against the property owner.
The presumption may be rebutted by any of the following based on a preponderance of
the evidence:
 The property owner agreed to pay all the unpaid rates and charges, after having been
given notice of the delinquent amount;
 The property owner occupies the residence;
 The municipal authority attempted to mitigate any unpaid rates or charges by strictly
adhering to its established protocol for terminating service for delinquent customers;
 Any other evidence demonstrating that the municipal authority mitigated the amount of
unpaid rates and charges before proceeding against the property owner.
These provisions do not abridge or eliminate any cause of action that a municipal
authority may have against the tenant personally, or other persons liable for the unpaid rents
or charges.16
Under the bill, “property owner” means the person who owns the residential property
to which municipal services are provided and to whom all of the following apply:
 The person does not occupy the property;
 The tenant or other occupant is contractually responsible to pay the charges and fees
imposed for the municipal services;
13 R.C. 701.21.
14 R.C. 701.20(B).
15 R.C. 701.20(A).
16 R.C. 701.22.
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 If the residential property consists of two or more dwelling units, both of the following
must be true:
 Each dwelling unit has a separate meter;
 The tenant or other occupant of each dwelling unit is contractually responsible to
pay the charges and fees imposed for the municipal services provided to the unit in
which they reside.17
A “tenant” under the bill is a person entitled under a rental agreement to the use and
occupancy of residential premises18 to the exclusion of others. A “dwelling unit” is a structure
or the part of a structure that is used as a home, residence, or sleeping place by one person
who maintains a household or by two or more persons who maintain a common household.19
The “termination amount” means the amount of rates or charges for municipal services
that when unpaid results in the termination of those services under the municipal authority
regulations.20
Tenant reinstatement fee
A municipal authority may establish a tenant reinstatement fee for municipal services.
The fee may be applied if the tenant requests to reestablish municipal services after such
services have been terminated by the municipal services provider or the tenant.21
Tracking unpaid rates
A municipal authority may track any unpaid rates or charges owed by a person for any
municipal services between residential properties if:
 The person who contracted for municipal services currently has a debit or credit
regarding the municipal services provided to the person; and
 Municipal services provided to that person have been terminated at one residential
property and established at another residential property.22
17 R.C. 701.20(G).
18 Residential premises are dwelling units, as defined under the bill, but with many notable exclusions,
consisting of, for example, prisons, college dormitories, and hospitals. R.C. 5321.01(A) and (C), not in the
bill.
19 R.C. 701.20(C); R.C. 5321.01(A) and (F), not in the bill.
20 R.C. 701.20(H).
21 R.C. 701.23.
22 R.C. 701.24.
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As Passed by the House
Office of Research and Drafting LSC Legislative Budget Office
Billing details and history review
A municipal authority may access and review the billing details and histories of any
person who contracts to receive municipal services in order to identify and track unpaid rates
or charges.23
Improper billing complaints
Right to make complaint
The bill provides that a person believing to have been improperly billed for municipal
services may file a complaint with the municipal s