OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
S.B. 113 Bill Analysis
135th General Assembly
Click here for S.B. 113’s Fiscal Note
Version: As Passed by the Senate
Primary Sponsor: Sen. Hoagland
Effective date:
Daniel DeSantis, Research Analyst
Kelly Bomba, Attorney
SUMMARY
 Prohibits an individual who is required to register with the Selective Service, but fails to
do so, from holding an elected or appointed public office in, or becoming employed by,
the state of Ohio, unless the requirement to register terminated or became inapplicable
to the individual before the bill’s effective date.
 Requires a state appointing authority to ensure that an applicant is in compliance with
the federal Selective Service System registration requirement before offering the
applicant employment.
 Requires each public and chartered nonpublic school that offers grades 9 to 12 to notify
individual high school students of any obligation to register with the Selective Service
System.
DETAILED ANALYSIS
Failure to register with the Selective Service System
Appointed or elected office
Under the bill, an individual who fails to register with the Selective Service System in
violation of the federal Military Selective Service Act1 (see “Military Selective Service
Act,” below) is disqualified from holding an appointed or elected position with any of the
following entities:
 A state agency;
1 50 United States Code (U.S.C.) 3802.
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 A public institution;
 A political subdivision;
 Any other organized body, office, agency, institution, or entity established by Ohio law
for the exercise of any function of government.2
State employment
The bill disqualifies an individual who fails to register with the Selective Service System
in violation of the federal Military Selective Service Act from an initial appointment to
employment with a state agency. For purposes of the bill, a “state agency” means any of the
following:
 An organized body, office, agency, institution, or other entity established by the laws of
the state for the exercise of a function of state government;
 Any state-supported institution of higher education;
 The Public Employees Retirement System;
 The Ohio Police and Fire Pension Fund;
 The State Teachers Retirement System;
 The School Employees Retirement System;
 The State Highway Patrol Retirement System.
A state appointing authority must ensure that an applicant is in compliance with the federal
Military Selective Service Act before offering employment.3 The bill’s employment provisions
prevail over conflicting provisions of public sector collective bargaining agreements entered
into on or after the bill’s effective date.4
Exemptions
Constitutionally created offices
The bill does not require an individual to register under the Military Selective Service Act
in order to qualify to hold an office whose qualifications are created by a provision of the Ohio
Constitution.5 Examples of these offices may include, but are not limited to:
 Governor;
 Lieutenant Governor;
2 R.C. 3.19.
3 R.C. 124.95.
4 R.C. 4117.10.
5 R.C. 3.19(A).
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 Attorney General;
 Auditor of State;
 Treasurer of State;
 Secretary of State;
 Ohio Casino Control Commission;
 State Representative;
 State Senator;
 Justice of the Supreme Court.
Inapplicability or termination of requirement
The bill does not disqualify a person from holding public office or being initially
appointed to a state agency if the requirement to register with the Selective Service terminated
or became inapplicable to the individual before the bill’s effective date.6
Automatic license registration
The bill’s disqualification of an individual from appointed or elected office or an initial
appointment to employment with a state agency does not apply if the individual submitted an
application for issuance or renewal of an Ohio driver’s license, commercial driver’s license,
temporary instruction permit, or identification card during the time that the individual was
required to register with the Selective Service System when Ohio’s automatic registration law,
discussed below, was in effect (on and after August 1, 2002).7
Under continuing Ohio law, any individual who is required to register with the Selective
Service System, and who submits an application for issuance or renewal of an Ohio driver’s
license, commercial driver’s license, temporary instruction permit, or identification card, is
automatically registered with the Selective Service System by the Bureau of Motor Vehicles.8
Student notification of Selective Service obligations
The bill requires each school district, community school, STEM school, college-
preparatory boarding school, and chartered nonpublic school that offers grades 9 to 12 to
notify individual high school students of any obligation to register with the Selective Service
System. The notification must include information on how students may register for the
selective service, including the ability to register through the high school’s guidance counselor
or equivalent official as determined by the school administrator. The bill requires school
6 R.C. 3.19(D) and 124.95(E).
7 R.C. 3.19(C) and 124.95(D).
8 R.C. 4507.062, not in the bill.
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districts and schools to determine the manner in which the notifications are delivered to
students.9
Military Selective Service Act
The federal Military Selective Service Act10 generally requires every male U.S. citizen,
and every other male residing in the U.S., who is between the ages of 18 and 26, to register
with the Selective Service System. Failure to register is punishable by imprisonment for up to
five years and/or a fine of not more than $250,000. Furthermore, failure to register may result
in an individual’s permanent ineligibility for the following benefits:
 Most federal employment;
 Security clearance for contractors;
 Job training under the Workforce Innovation and Opportunity Act (formerly known as
the Workforce Investment Act);
 U.S. citizenship for immigrant individuals assigned “male” at birth.11
However, the federal law specifies that an individual may not be denied a right, privilege, or
benefit under federal law by reason of failure to register with the Selective Service System if the
requirement for the individual to register has ended or no longer applies to the individual and
the individual shows by a preponderance of the evidence that the failure to register was not a
knowing and willful failure.12 The bill does not include a similar exception regarding the intent
of an individual who does not register for the Selective Service System.
The bill does not specify whether its penalties apply only to individuals convicted of a
violation of the federal Military Selective Service Act or whether the penalties apply to any
individual who fails to register for the Selective Service System, regardless of a conviction.
Other existing Ohio law related to Selective Service Registration
Under Ohio law, an individual who is required to register with the Selective Service
System must do so to be eligible for in-state tuition at state-assisted institutions of higher
education.13 Similarly, a student enrolled in an institution of higher education must file with
that institution either that the student is registered with the Selective Service, as required by
federal law, or that the student is not required to register due to a qualifying exemption. Failure
9 R.C. 3313.473, 3314.03, 3326.11, and 3328.24; Section 5 of the bill.
10 50 U.S.C. 3802.
11Frequently Asked Questions, which is available on the Selective Service System’s website:
www.sss.gov, under “Frequently Asked Questions.”
12 50 U.S.C. 3811(g).
13 R.C. 3345.32(C), not in the bill.
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to do so results in the student’s ineligibility for a litany of state loans, grants, scholarships, and
other financial assistance.14
HISTORY
Action Date
Introduced 04-25-23
Reported, S. Veterans and Public Safety 09-13-23
Recommitted to S. Veterans and Public Safety 09-13-23
Re-reported, S. Veterans and Public Safety 10-11-23
Passed Senate (26-4) 10-11-23
ANSB0113PS-135/ar
14 R.C. 3345.32(D), not in the bill.
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Statutes affected:
As Introduced: 4117.10
As Reported By Senate Committee: 4117.10
As Re-referred to Senate Committee: 4117.10
As Re-reported By Senate Committee: 3314.03, 3326.11, 3328.24, 4117.10
As Passed By Senate: 3314.03, 3326.11, 3328.24, 4117.10