OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
Ok i
S.B. 18 Bill Analysis
135th General Assembly
Click here for S.B. 279’s Fiscal Note
Version: As Introduced
Primary Sponsor: Sen. Wilson
Abby McMahon, Attorney
SUMMARY
Casino Control Commission
 Requires an applicant for casino-related licenses, including for casino operator,
management company, holding company, gaming-related vendor, and casino gaming
employee to certify that the information provided in the application is true.
Department of Commerce
Board of Building Standards
 Removes telegraph facilities as one of the “workshops or factories” that the Board of
Building Standards has control over regarding required alternations or repairs.
Division of Liquor Control
 Specifies that, if the initial required certified notice of unpaid permit fees to a liquor
permit applicant is returned because of failure or refusal of delivery, the Division of
Liquor Control must send a second notice by regular mail.
Division of Securities
 Eliminates the requirement that copies of process or pleadings served by the Division of
Securities on the Secretary of State, acting as agent for the person to be served, be
delivered in duplicate and eliminates the requirement that the Secretary use certified
mail to forward the documents.
 Eliminates the requirement that securities sold in violation of the securities law be
tendered to the seller either in person or in open court to trigger a refund requirement,
instead only requiring a tender without specifying method.
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Division of Finance Institutions
 Changes, in the list of approved delivery methods, “any other means of communication
authorized by the director” to whom the notice is sent to any means authorized by the
board of directors acting together.
Department of Developmental Disabilities
 Removes obsolete provisions requiring the Director of Developmental Disabilities to
submit a report to the General Assembly with certain data regarding residential facility
licenses issued by the Department of Developmental Disabilities.
Department of Education
 Eliminates the following provisions of law that became obsolete on June 30, 2008:
 Requirement that school districts or school buildings in academic emergency or
academic watch, under former law, submit required information to the Department
of Education before approval of a three-year continuous improvement plan;
 Requirements for site evaluations conducted for school districts or schools in
academic emergency or academic watch.
Environmental Protection Agency
 Authorizes the Director to provide notice of a hearing on the Environmental Protection
Agency’s website in circumstances where current law requires public notice by
newspaper publication.
 Authorizes the Director to deliver documents or notice by any method capable of
documenting the intended recipient’s receipt of the document or notice rather than
requiring a document or public notice be provided by certified mail.
Regulated facilities
 Specifies that the holder of the first mortgage on a regulated facility may contact the
mortgagor to determine if the facility is abandoned by any method capable of
documenting the intended recipient’s receipt of the document or notice, rather than by
mail, telegram, telefax, or similar communication only, as in current law.
Department of Insurance
 Replaces the requirement that individuals seeking access to their personal information
held by insurance institutions, agents, and support organizations be allowed to see and
copy that information in person or to obtain a copy by mail with a requirement that the
individual be able to obtain a copy of the information in a manner agreed upon by the
individual and the insurance institution, agent, or support organization.
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Department of Job and Family Services
 Removes references to unemployment compensation warrants drawn by the Director of
Job and Family services bearing the Director’s facsimile signature (but maintains the
authority to have the signatures printed on the warrants).
Department of Public Safety
Restricted driver’s license: subsequent annual license
 Eliminates several procedural requirements regarding the submission of a physician’s
statement accompanying an application for an unrestricted driver’s license.
Driver training school anatomical gift instruction
 Allows driver training schools to use specified electronic formats to convey information
about anatomical gifts to driver training students, rather than a video cassette tape,
CD-ROM, interactive videodisc, or other format.
Failure to maintain motor vehicle insurance
 Eliminates a requirement that an administrative hearing regarding a person’s failure to
maintain motor vehicle insurance be held within 30 days after the Registrar receives a
request for that hearing.
 Eliminates a reference to the personal delivery of a motor vehicle registration or driver’s
license if a person is required to surrender the registration or license because of a
failure to maintain motor vehicle insurance.
Seizure of license plates after offense
 Eliminates the requirement that an arresting officer remove the license plates on a
vehicle seized as part of an arrest for: (1) driving under an OVI suspension or
(2) wrongful entrustment of a vehicle and, instead, requires the license plates to remain
on the vehicle unless ordered by a court.
Public Utilities Commission of Ohio
 Eliminates items buried or placed below ground or submerged in water for telegraphic
communications as a form of “underground utility facility” for purposes of continuing
law regarding the protection of such facilities.
 Removes the requirement that an excavator must provide any fax numbers they may
have in the excavator’s notification to a protection service before an emergency
excavation required under continuing law.
Department of Taxation
Electronic delivery of tax notices and orders
 Removes a requirement that taxpayers must consent to electronic delivery before
receiving certain tax orders and notices electronically.
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Public inspection of tax documents
 Removes a requirement that certain tax-related documents be open for public
inspection.
Department of Transportation
 Makes advertising for bids for Ohio Department of Transportation (ODOT) contracts in a
newspaper of general circulation optional rather than required.
 Requires, rather than authorizes, the ODOT Director to publish notice for bids in other
publications as the Director considers advisable.
Bureau of Workers’ Compensation
 Specifies that electronic documents have the same evidentiary effect as originals in a
workers’ compensation-related proceeding.
Notice and submission requirements
 Makes changes throughout the Revised Code related to:
 Notice requirements related to certain events or services; and
 Electronic submission to receive certain public services.
Electronic meetings for public entities
 Makes changes throughout the Revised Code to permit certain public entities to meet
via electronic means.
Maintenance of stenographic records
 Makes changes throughout the Revised Code related to the maintenance of
stenographic records.
TABLE OF CONTENTS
Casino Control Commission ............................................................................................................ 5
Department of Commerce .............................................................................................................. 6
Board of Building Standards ........................................................................................................ 6
Division of Liquor Control ............................................................................................................ 6
Payment of liquor application fees ........................................................................................ 6
Division of Securities ................................................................................................................... 6
Service through the Secretary of State .................................................................................. 6
Tender for refund ................................................................................................................... 6
Division of Financial Institutions ................................................................................................. 6
Department of Developmental Disabilities .................................................................................... 7
Department of Education ............................................................................................................... 7
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As Introduced
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Environmental Protection Agency .................................................................................................. 7
General authorizations ................................................................................................................ 7
Regulated facilities ...................................................................................................................... 7
Department of Insurance ................................................................................................................ 8
Department of Job and Family Services ......................................................................................... 8
Department of Public Safety ........................................................................................................... 8
Restricted driver’s license: subsequent annual license .............................................................. 8
Driver training school anatomical gift instruction ...................................................................... 9
Failure to maintain motor vehicle insurance .............................................................................. 9
Seizure of license plates after offense ........................................................................................ 9
Public Utilities Commission of Ohio ................................................................................................ 9
Underground utility facilities – classification .............................................................................. 9
Excavator contact information .................................................................................................. 10
Department of Taxation................................................................................................................ 10
Electronic delivery of tax notices and orders ............................................................................ 10
Public inspection of tax documents .......................................................................................... 10
Department of Transportation ..................................................................................................... 11
Bureau of Workers’ Compensation .............................................................................................. 11
Changes to notice requirements .............................................................................................. 11
Authority for public entities to meet via electronic means.......................................................... 28
Electronic submission to receive certain public services.............................................................. 29
References to stenographic records ......................................................................................... 30
DETAILED ANALYSIS
Casino Control Commission
Under current law, casino-related license applications, including those for a casino
operator, management company, holding company, gaming-related vendor, and casino gaming
employee must be made under oath. The bill removes the requirement that an oath be
administered and instead requires that the applications must be certified as true.1
1 R.C. 3772.11, 3772.12, and 3772.131.
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Department of Commerce
Board of Building Standards
The bill removes telegraph offices as a “workshop or factory” for purposes of Board
rules and standards. Under current law, the Board cannot require alterations or repairs to any
part of a workshop or factory meeting certain criteria under continuing law. 2
Division of Liquor Control
Payment of liquor application fees
The bill specifies that, if the initial required certified notice of unpaid permit fees to a
liquor permit applicant is returned because of failure or refusal of delivery, the Division of
Liquor Control must send a second notice by regular mail. It retains the requirement that the
Division cancel the permit application if the permit applicant does not remit the unpaid permit
fees to the Division within 30 days of the first notice.3
Division of Securities
Service through the Secretary of State
Under continuing law, certain people must appoint the Secretary of State as their agent
to receive service of process and pleadings on their behalf. The bill eliminates a requirement
that copies of process or pleadings served by the Division of Securities on the Secretary of
State, acting as agent for the person to be served, be delivered in duplicate. It also eliminates
the requirement that the Secretary of State use certified mail to forward the documents.4
Tender for refund
Under continuing law, a buyer who is sold securities in violation of the Securities Law
may receive a refund by tendering the securities back to the seller. The bill eliminates the
requirement that the securities be tendered either in person or in open court to trigger a
refund requirement. It instead requires tender without specifying a method.5
Division of Financial Institutions
Continuing law requires that notice of credit union board of directors meetings must be
given to each director. The bill modifies the use of alternative delivery methods by removing
the law that allows a director receiving the notice to specify another means of communication,
and instead allows alternative methods approved by the board of directors acting together.6
2 R.C. 3781.11(A)(6) and (D)(2).
3 R.C. 4303.24.
4 R.C. 1707.11.
5 R.C. 1707.43.
6 R.C. 1733.16.
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Department of Developmental Disabilities
The bill removes obsolete provisions requiring the Director of Developmental Disabilities
to submit a report to the General Assembly after calendar years 2003, 2004, and 2005. The
report was to summarize rules regarding residential facility licensure; the number of licenses
issued, renewed, or denied; how long those licenses were issued; sanctions imposed on
licenses, and any other information the Director deemed important.7
Department of Education
The bill eliminates the obsolete requirement that school districts or school buildings in
academic emergency or academic watch submit information to the Department of Education
before approval of a three-year continuous improvement plan. It also eliminates the obsolete
requirements for site evaluations for districts or buildings in academic emergency or academic
watch. The requirements expired on June 30, 2008.8
Environmental Protection Agency
General authorizations
The bill provides general authorization to the Director of the Ohio Environmental
Protection Agency (OEPA) as follows:
 Authorizes the Director to provide public notice of a hearing on the OEPA website in