OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 333 Bill Analysis
135th General Assembly
Click here for H.B. 333’s Fiscal Note
Version: As Introduced
Primary Sponsors: Reps. Sweeney and K. Miller
Effective Date:
Larry Gunter, Jr., Research Analyst
SUMMARY
 Prohibits a law enforcement official or agency from establishing a plan that uses a
quota (a mandate of a finite number of arrests made or citations issued that an officer
must meet in a specified time period) in any of the following ways:
 As the basis for evaluating, promoting, compensating, transferring, or disciplining an
officer;
 Requiring or suggesting that an officer must (or is expected to) meet a quota; and
 Offering a benefit to an officer based on the officer’s quota.
 Requires the Attorney General to establish a form for a police officer to use to
anonymously report the use of quotas in violation of the above prohibitions, to
investigate alleged violations, and to issue a cease and desist order if a violation is
found.
DETAILED ANALYSIS
Prohibitions against using quotas
The bill prohibits a law enforcement official or agency1 (“agency”) from requiring its
officers2 to meet an arrest or citation quota (see COMMENT). Under the bill, a “quota” is a
1 A “law enforcement official or agency” means a county sheriff, village marshal, the organized police
department of a municipal corporation, the organized police department of a township, a board of
township trustees that appoints a township constable, the board of a township police district or of a
joint police district, or the Ohio State Highway Patrol. R.C. 109.70(A)(1).
2 A local or state police officer means an officer who is under the jurisdiction of a law enforcement
official or agency. R.C. 109.70(A)(2).
December 4, 2023
Office of Research and Drafting LSC Legislative Budget Office
mandate of a finite number of arrests made or citations issued for any offense that an officer
must meet in a specified time period.
Specifically, the bill prohibits an agency from doing any of the following:
 Establishing or maintaining, formally or informally, a plan that utilizes a quota as the
basis for evaluating, promoting, compensating, transferring, or disciplining an officer;
 Requiring or suggesting to an officer that the officer must or is expected to meet a
quota; and
 Offering a financial reward or other benefit to an officer that is determined by or based
on meeting a quota.3
For instance, an agency may not require, formally or informally, its officers to make ten
arrests a month and issue 40 citations. However, the bill does allow an agency to continue to do
both of the following:
 Collect, analyze, and apply any information concerning the number of arrests made and
citations issued in order to ensure that a particular officer does not violate the officer’s
applicable legal obligation; and
 Assess the proportion of the arrests made, and citations issued, by an officer.4
Attorney General anonymous reports
The bill requires the Attorney General to establish an anonymous form on its website
that any officer may access to anonymously report the use of quotas in violation of the bill.
Once an anonymous report is received, the Attorney General must investigate the alleged use
of quotas. The investigation must be conducted within one year after receiving the report. The
Attorney General must determine the procedure for the investigation conducted on a case-by-
case basis and provide the agency that is the subject of the investigation with an opportunity to
be heard.
If the Attorney General finds that the agency used quotas in violation of the bill, the
Attorney General must order the official or agency to cease and desist quota usage. 5
COMMENT
The bill regulates the operation of local law enforcement agencies, including municipal
agencies. A municipal corporation may operate its law enforcement agency under its
constitutional home rule authority. That authority is granted by Article XVIII, Section 3 of the
Ohio Constitution, which provides that a municipal corporation may:
3 R.C. 109.70(B).
4 R.C. 109.70(C).
5 R.C. 109.70(D).
P a g e |2 H.B. 333
As Introduced
Office of Research and Drafting LSC Legislative Budget Office
1. Exercise all powers of local self-government (including the administration of internal
affairs and revenue); and
2. Adopt and enforce local police, sanitary, and other similar regulations that do not
conflict with general laws.
If a court finds that the bill interferes with (1) above, the bill would be unenforceable as
applied to a municipal corporation.6 If the use of quotas is considered an exercise of local police
power, it would be for a court to determine whether the bill establishes a general law (under
(2) above) based on tests established by the Ohio Supreme Court. 7 If it is not a general law,
then the bill’s provisions would not supersede any conflicting municipal ordinance or
requirement.
HISTORY
Action Date
Introduced 11-16-23
ANHB0333IN-135/ks
6 See Beachwood v. Bd. of Elections of Cuyahoga Cty., 167 Ohio St. 369, 371, 148 N.E.2d 921 (1958);
State ex rel. Canada v. Phillips, 168 Ohio St. 191, 151 N.E.2d 722 (1958); State ex rel. Evans v. Moore,
69 Ohio St.2d 88, 89-90, 431 N.E.2d 311 (1982); City of Dublin v. State, 118 Ohio Misc.2d 18, 2002-Ohio-
2431, 769 N.E.2d 436, citing Cincinnati Bell Tel. Co. v. Cincinnati, 81 Ohio St.3d 599, 693 N.E.2d 212
(1988). A court could also find that the bill is a matter of statewide concern; if so, the bill’s provisions
would supersede a conflicting municipal ordinance.
7 Canton v. State, 95 Ohio St.3d 149, 2002-Ohio-2005, 766 N.E.2d 963.
P a g e |3 H.B. 333
As Introduced