OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 127 Bill Analysis
134th General Assembly
Click here for H.B. 127’s Fiscal Note
Version: As Re-Referred by House Rules and Reference
Primary Sponsor: Rep. Merrin
Effective Date:
Alyssa Bethel, Attorney
SUMMARY
 Vacates violations or sanctions imposed against a business under certain COVID-related
orders or rules.
 Returns to businesses money collected by a state agency or board of health in civil or
administrative penalties for a violation.
 Requires state agencies and boards of health to expunge any record of a violation.
 Requires state agencies and boards of health to treat any finding of a violation as a
nullity.
 Requires state agencies and boards of health to restore rights and privileges of a
business lost as a result of a violation.
 Requires state agencies and boards of health to cease any disciplinary action against a
business for violations occurring before the bill’s effective date.
 Allows a business to bring an action to enforce the bill’s provisions in the county where
the business is located.
 Makes an appropriation, in an amount to be determined by state agencies, that the
Director of Budget and Management will use to reimburse businesses.
June 17, 2021
Office of Research and Drafting LSC Legislative Budget Office
DETAILED ANALYSIS
COVID-related business violations
The bill contains various provisions applicable to businesses1 that have violated any
order, rule, or directive related to COVID-19 that is issued by an elected state officer, a state
agency, or a board of health.2 The bill specifically does not prohibit the enforcement of non-
COVID-related matters.3
Vacate and expunge violations; restore rights and privileges
First, the bill vacates any violation (and any sanctions imposed in response to a
violation) that occurred between March 14, 2020, and the bill’s effective date. Any record of a
violation must be expunged not later than 30 days after the bill takes effect. Elected state
officers, state agencies, and boards of health must treat any finding of a violation as a nullity
and take the steps within their power to restore, within 30 days, any rights or privileges lost as
a result of a finding of violation; the bill specifically includes reinstatement of a revoked license
and other right or privilege to do business.4
Cease disciplinary action
Second, the bill requires elected state officers, state agencies, and boards of health to
cease any disciplinary action against a business for violations occurring before the bill’s
effective date.5
Refund civil and administrative fines
Third, the bill generally requires elected state officers, state agencies, and local boards
of health to refund any money collected in a civil or administrative penalty for a violation. Not
later than 30 days after the bill takes effect, these amounts must be determined and refunded
to businesses. A board of health refunds the money directly to each business. Elected state
officers and state agencies must certify a list of businesses and amounts to the Director of
Budget and Management, who then must issue the refunds to each business. The bill makes an
appropriation for the certified amounts. If a business no longer exists, the Director of Budget
1 Defined to mean a corporation, association, partnership, limited liability company, sole proprietorship,
joint venture, or other business entity composed of one or more individuals, whether or not the entity is
operated for profit.
2 The bill specifically includes executive orders (or an order related to an executive order); state or local
orders issued under Revised Code Chapter 3701; emergency rules under the Administrative Procedure
Act (R.C. 119.03(G)), but also generally applies to any order, rule, or directive of elected state officers,
state agencies, and boards of health. See definitions in Section 1(A).
3 Section 1.
4 Section 1.
5 Section 1.
P a g e |2 H.B. 127
As Re-Referred by House Rules and Reference
Office of Research and Drafting LSC Legislative Budget Office
and Management or the board of health must make a reasonable effort to locate, and issue the
refund to, the owner of the business.6
The bill makes an exception in the case of a violation of one of these three rules:
 O.A.C. Rule 4301:1-1-13 (Emergency suspension of sales of beer, wine, mixed beverages,
and spirituous liquor for on-premises consumption);7
 O.A.C. Rule 4301:1-1-80 (Limitation on hours for on-premises sales or consumption and
expansion of sales of beer, wine, mixed beverages, and spirituous liquor for off-premises
consumption);8
 O.A.C. Rule 4301:1-1-52(B)(1) (Prohibited activity-engaging in disorderly activities), if
enforced regarding COVID-19.
If a business violates one of these three rules, the business’s fine is not refunded if a
non-COVID-related conviction also was assessed at the time of adjudication.
Also regarding these three rules, the Liquor Control Commission must notify businesses
that their violations were expunged and must report to the General Assembly about the
expungements and the refunds, not later than 30 days after those actions are complete. 9
Venue for enforcement
Finally, the bill allows a business to bring an action to enforce the bill’s provisions in the
county where the business is located.10
HISTORY
Action Date
Introduced 02-16-21
Reported, H. State & Local Gov't 04-22-21
Re-Referred, H. Rules & Reference 05-05-21
H0127-RRFH-134/ar
6 Sections 1 and 2.
7 This rule was in effect from April 7, 2020, to August 6, 2020.
8 This rule was in effect from July 13, 2020, to November 29, 2020.
9 Section 1.
10 Section 3.
P a g e |3 H.B. 127
As Re-Referred by House Rules and Reference