Pending Ohio Corporate & Real Estate Legislation

Prepared by/reprinted with permission from: Luther Liggett, Esq., Kohrman, Jackson & Krantz, PLL10 W. Broad Street, 19th Floor Columbus OH 43215-(614) 427-5742 - LLL@kjk.com
Report created on April 26, 2016


HB3
BUSINESS FILING FEES-JOBS WEBSITE (DERICKSON T, ROMANCHUK M) To reduce certain business filing fees charged and collected by the Secretary of State and to specify that Ohio-based companies are to have access to appropriate features of the OhioMeansJobs web site.

Current Status:
6/25/2015 - SIGNED BY GOVERNOR; eff. 9/24/15
ORC Sections:
111.16, 1329.01, 6301.16

HB12
TIF-INCENTIVE DISTRICTS (BUTLER, JR. J, BURKLEY T) To establish a procedure by which political subdivisions proposing a tax increment financing (TIF) incentive district are required to provide notice to the record owner of each parcel within the proposed incentive district before creating the district, and to permit such owners, under specific conditions, to exclude their parcels from the incentive district by submitting a written response.

Current Status:
2/16/2016 - House Ways and Means, (Third Hearing)
ORC Sections:
5709.40, 5709.73, 5709.77, 5709.78, 5709.911

HB18
FLAG-BANNER DISPLAY (GONZALES A, GINTER T) To prohibit manufactured homes park operators, condominium associations, neighborhood associations, and landlords from restricting the display of blue star banners, gold star banners, and other service flags, and to prohibit manufactured homes park operators and landlords from restricting the display of the United States flag.
Current Status:
11/18/2015 - SUBSTITUTE BILL ACCEPTED & REPORTED OUT, Senate State and Local Government, (Third Hearing)
ORC Sections:
4781.401, 5301.072, 5311.191, 5321.131

HB23
OIL-GAS LEASE INCOME (AMSTUTZ R) To use one-half of any income from oil and gas leases on state land to fund temporary income tax reductions, to modify the law governing the use of new Ohio use tax collections from remote sellers for income tax reductions, and to require the Director of Budget and Management to recommend whether or not income tax rates should be permanently reduced after the Director certifies a temporary rate reduction resulting from the accrual of money in the Income Tax Reduction Fund.

Current Status:
11/18/2015 - Senate Ways and Means, (First Hearing)
ORC Sections:
131.44, 1509.73, 5741.01, 5741.03, 5741.032

HB49
AIRLINE-AIR FREIGHT COMMISSION (BARNES, JR. J) To create the Commercial Airline and Air Freight Commission.

Current Status:
4/14/2015 - House Transportation and Infrastructure, (Third Hearing)
ORC Sections:
4561.61

HB72
ENERGY IMPROVEMENT DISTRICTS (CONDITT M) To authorize port authorities to create energy special improvement districts for the purpose of developing and implementing plans for special energy improvement projects and to alter the law governing such districts that are governed by a nonprofit corporation.

Current Status:
5/6/2015 - BILL AMENDED, House Public Utilities, (Fourth Hearing)
ORC Sections:
1710.01, 1710.02, 1710.021, 1710.03, 1710.04, 1710.05, 1710.06, 1710.061, 1710.07, 1710.11, 1710.12, 1710.13, 1710.20, 1710.21, 1710.22, 1710.23, 1710.24, 1710.25, 1710.26, 1710.27, 1710.28, 1710.29, 1710.30, 1710.31, 1710.32, 1710.33, 1710.34, 1710.35, 1710.36, 1710.37, 1710.40, 4582.06, 4582.31

HB77
CONTRACTOR REGISTRATION (PATMON B) To require statewide registration of home improvement contractors, to modify the membership of the Ohio Construction Industry Licensing Board, and to make an appropriation.

Current Status:
11/17/2015 - SUBSTITUTE BILL ACCEPTED, House Commerce and Labor, (Fifth Hearing)
ORC Sections:
4740.01, 4740.02, 4740.03, 4740.04, 4740.05, 4740.06, 4740.061, 4740.07, 4740.08, 4740.09, 4740.10, 4740.101, 4740.12, 4740.13, 4740.131, 4740.15, 4740.16, 4740.18, 4740.19, 4740.20, 4740.21, 4740.99

HB83
OIL-GAS ROYALTY STATEMENT (CERA J) To require the owner of an oil or gas well to provide a royalty statement to the holder of the royalty interest when the owner makes payment to the holder.

Current Status:
3/10/2015 - House Energy and Natural Resources, (First Hearing)
ORC Sections:
1509.30, 1509.99

HB91
CEMETERIES-PROPERTY TAX (GREEN D) To lengthen the maximum term of a property tax levied for the purpose of operating a cemetery.

Current Status:
4/28/2015 - House Ways and Means, (Second Hearing)
ORC Sections:
5705.19

HB95
DENTAL INSURERS-NO FEE SCHEDULE (DEVITIS A) To prohibit a health insurer from establishing a fee schedule for dental providers for services that are not covered by any contract or participating provider agreement between the health insurer and the dental provider.

Current Status:
4/12/2016 - Senate Insurance, (Third Hearing)
ORC Sections:
1753.07, 1753.09, 3901.21, 3963.01, 3963.02, 3963.03

HB102
VETERAN-OWNED BUSINESSES (CRAIG H, ANTANI N) To provide a bid preference for state contracts to a veteran-owned business and to authorize a personal income and commercial activity tax credit for a business that hires and employs a veteran for at least one year.

Current Status:
4/28/2015 - House Ways and Means, (First Hearing)
ORC Sections:
125.01, 125.09, 125.11, 3772.033, 5747.61, 5747.98, 5751.55, 5751.98

HB127
PHARMACY BENEFIT MANAGERS (BROWN T, CERA J) To regulate pharmacy benefit managers.

Current Status:
3/25/2015 - Referred to Committee House Insurance
ORC Sections:
3901.43, 3901.431, 3901.432

HB145
STEM PARTNERSHIP PROGRAM (MCCOLLEY R, HOWSE S) To establish the STEM Public-Private Partnership Pilot Program to provide high school students the opportunity to receive education in a targeted industry while simultaneously earning high school and college credit and to make an appropriation.

Current Status:
4/14/2015 - Referred to Committee House Finance

HB150
HOTEL SALES-USE TAX (GROSSMAN C, SCHERER G) To require hotel intermediaries to collect and remit applicable sales and use tax on the full amount paid for hotel lodging, to require hotel intermediaries to supply customers with itemized invoices, to specify that a hotel intermediary is presumed to have "substantial nexus" with Ohio if the intermediary arranges lodging at Ohio hotels, and to specify that hotels are not liable for the failure of a hotel intermediary to properly collect or remit applicable taxes.

Current Status:
4/12/2016 - House Ways and Means, (Third Hearing)
ORC Sections:
351.021, 353.06, 5739.01, 5739.081, 5739.09, 5739.12, 5739.13, 5741.01, 5741.12, 5741.13

HB161
PRECIOUS METAL DEALERS (HENNE M, CRAIG H) To make changes to the licensing and records requirements, exemptions, penalties, and other provisions of the Precious Metal Dealers Law and to limit the amount precious metal dealers may charge the true owner of stolen property when restoring that property to the true owner.

Current Status:
4/28/2015 - Referred to Committee House Commerce and Labor
ORC Sections:
4728.01, 4728.02, 4728.03, 4728.04, 4728.05, 4728.06, 4728.061, 4728.07, 4728.08, 4728.09, 4728.10, 4728.11, 4728.12, 4728.13, 4728.14, 4728.16, 4728.17, 4728.18, 4728.99

HB174
GRADUATE DEGREE-ENTREPRENEURIAL SKILLS (BARNES, JR. J) With regard to entrepreneurial skills education requirements for professional graduate degree programs at state institutions of higher education.

Current Status:
5/12/2015 - House Education, (First Hearing)
ORC Sections:
3345.35

HB175
GLOBAL MARKET PROGRAM (BARNES, JR. J) To establish the "Access to Global Market Opportunities for Ohio Manufactured Products Program" to be composed of the "Ohio Global Leadership Initiative" and the "Global Initiative on International Relations" to create new, untapped global markets for Ohio businesses and thereby promote job creation.
Current Status:
5/27/2015 - House Economic and Workforce Development, (Third Hearing)
ORC Sections:
122.863

HB180
RESIDENCY REQUIREMENTS (MAAG R) To prohibit a public authority from requiring a contractor to employ a certain percentage of individuals from the geographic area of the public authority for the construction or professional design of a public improvement.

Current Status:
10/21/2015 - Senate Government Oversight and Reform, (First Hearing)
ORC Sections:
153.013, 5525.26, 9.49

HB194
PATENT INFRINGEMENT (ROEGNER K) To prohibit a person from engaging in the widespread sending of bad faith, objectively baseless communications of patent infringement and to authorize the Attorney General to investigate and institute a civil action if the Attorney General believes a person has made such assertions of patent infringement.

Current Status:
5/26/2015 - House Judiciary, (First Hearing)
ORC Sections:
2307.66, 2307.67

HB199
MOTOR VEHICLE REPAIR BOARD (BLESSING III L, REZABEK J) To extend the jurisdiction of the Motor Vehicle Repair Board to persons who perform motor vehicle mechanical repairs, to require motor vehicle repair facilities to register with the Board, and to make other changes to the Motor Vehicle Repair and Window Tint Operator Law, and to further enact new section 4775.03 and repeal section 4775.03 of the Revised Code on January 1, 2016, to dissolve the existing Motor Vehicle Repair Board and replace it with a new board of the same name.

Current Status:
6/9/2015 - House Commerce and Labor, (First Hearing)
ORC Sections:
4775.01, 4775.02, 4775.03, 4775.04, 4775.05, 4775.06, 4775.07, 4775.08, 4775.09, 4775.10, 4775.11

HB203
STARTUP OHIO INITIATIVE (STINZIANO M) To establish the Startup Ohio initiative in which universities and partnering business may collaborate in tax-free areas near campuses in this state to create jobs, attract entrepreneurs, and spur academic enrichment and to direct the Director of Budget and Management to transfer $100 million to the Ohio Venture Capital Program Fund.

Current Status:
5/19/2015 - Referred to Committee House Economic and Workforce Development
ORC Sections:
150.03, 195.01, 195.02, 195.03, 195.04, 195.05, 195.06, 195.07, 195.08, 195.09, 195.10, 195.11, 195.12, 195.13, 195.14, 322.02, 5709.071, 5739.02, 5739.03, 5747.01, 5751.01

HB205
SELF-INSURING EMPLOYERS (HENNE M, RETHERFORD W) To modify the requirements for an employer to become a self-insuring employer for purposes of the Workers' Compensation Law, to transfer authority over the workers' compensation self-insurance program to the Superintendent of Insurance, and to allow certain employers and groups of employers to obtain workers' compensation coverage from a private workers' compensation insurer.

Current Status:
2/9/2016 - House Insurance, (Third Hearing)
ORC Sections:
1561.04, 1561.31, 1701.86, 1729.55, 2705.05, 2913.48, 3121.01, 3121.0311, 3701.741, 3702.51, 3937.01, 3955.05, 3964.02, 3971.01, 3971.03, 3971.04, 3971.05, 3971.06, 3971.07, 3971.08, 3971.09, 3971.10, 3971.11, 3971.12, 3971.15, 4121.121, 4121.31, 4121.44, 4121.50, 4121.61, 4121.65, 4121.66, 4123.01, 4123.026, 4123.25, 4123.292, 4123.34, 4123.342, 4123.35, 4123.351, 4123.352, 4123.353, 4123.38, 4123.411, 4123.412, 4123.416, 4123.46, 4123.50, 4123.51, 4123.511, 4123.512, 4123.54, 4123.63, 4123.65, 4123.74, 4123.75, 4123.79, 4123.80, 4123.81, 4123.82, 4123.83, 4123.84, 4123.85, 4123.93, 4123.931, 4125.05, 5119.332, 9.315

HB213
OCCUPATIONAL LICENSE RENEWAL (BRINKMAN T) To make occupational licenses subject to annual renewal become biennial licenses and to permit a licensee to take continuing education courses online.

Current Status:
4/19/2016 - House Commerce and Labor, (Fourth Hearing)
ORC Sections:
1321.05, 1321.08, 1321.20, 1321.52, 1321.532, 1321.536, 1322.041, 1322.052, 3773.36, 3773.42, 3773.43, 4707.071, 4707.10, 4725.16, 4725.17, 4725.171, 4725.34, 4725.51, 4727.03, 4727.19, 4728.03, 4729.11, 4729.12, 4729.15, 4729.52, 4729.54, 4735.06, 4735.09, 4735.14, 4735.141, 4735.27, 4735.29, 4736.11, 4736.12, 4740.04, 4740.05, 4740.06, 4747.05, 4747.06, 4749.03, 4749.031, 4751.06, 4751.07, 4759.06, 4759.08, 4763.05, 4763.06, 4763.07, 4763.08, 4763.09, 4779.19, 4779.23

HB218
DRONE OPERATION-RETAIL (BARNES, JR. J) To regulate the operation of drones near airports and to impose certain record-keeping requirements on retail sellers of drones.

Current Status:
12/1/2015 - House Transportation and Infrastructure, (First Hearing)
ORC Sections:
4561.50, 4561.51

HB226
CONDOMINIUM LIENS (ROGERS J) To provide that a portion of a condominium or planned community assessment is prior to other liens on condominium units and planned community lots and to provide that a condominium unit owners association lien is a continuing lien.

Current Status:
6/23/2015 - House Commerce and Labor, (First Hearing)
ORC Sections:
5311.18, 5312.12

HB227
COSMETOLOGY LICENSING (ROEGNER K, REECE A) To make changes to the Cosmetology Licensing Law.

Current Status:
4/12/2016 - BILL AMENDED, House Government Accountability and Oversight, (Fifth Hearing)
ORC Sections:
2925.01, 4713.01, 4713.02, 4713.03, 4713.06, 4713.07, 4713.071, 4713.08, 4713.081, 4713.082, 4713.09, 4713.10, 4713.13, 4713.14, 4713.141, 4713.16, 4713.17, 4713.20, 4713.21, 4713.22, 4713.24, 4713.25, 4713.26, 4713.28, 4713.30, 4713.31, 4713.34, 4713.35, 4713.36, 4713.37, 4713.39, 4713.41, 4713.42, 4713.44, 4713.45, 4713.48, 4713.55, 4713.56, 4713.57, 4713.58, 4713.59, 4713.60, 4713.61, 4713.62, 4713.63, 4713.64, 4713.641, 4713.66, 4713.69, 4713.99

HB232
SELLER-USE TAX COLLECTION (GROSSMAN C, SCHERER G) To prescribe new criteria for determining whether sellers are presumed to have substantial nexus with Ohio and therefore required to register to collect use tax, to allow sellers presumed to have substantial nexus to rebut that presumption, and to require a person, before the person enters into a sale of goods contract with the state, to register, along with the person's affiliates, to collect use tax.

Current Status:
6/2/2015 - Referred to Committee House Ways and Means
ORC Sections:
5741.01, 5741.17

HB233
REDEVELOPMENT DISTRICTS (SCHURING K) To authorize municipal corporations to create downtown redevelopment districts and innovation districts for the purposes of promoting the rehabilitation of historic buildings, creating jobs, encouraging economic development in commercial and mixed-use areas, and supporting grants and loans to technology-oriented and other businesses.

Current Status:
4/20/2016 - Consideration of Senate Amendments; House Does Concur, Vote 96-0
ORC Sections:
133.04, 133.06, 1710.14, 1724.12, 3317.021, 5501.311, 5709.12, 5709.45, 5709.46, 5709.47, 5709.82, 5709.83, 5709.831, 5709.832, 5709.85, 5709.91, 5709.911, 5709.913, 5715.27, 709.024, 709.19

HB269
INCOME TAX-SOUND RECORDING (SMITH K, LATOURETTE S) To authorize a refundable income tax credit for individual investors in a sound recording production company equal to a portion of the company's costs for a recording production or recording infrastructure project in Ohio.

Current Status:
2/16/2016 - House Ways and Means, (Second Hearing)
ORC Sections:
122.851, 5747.67, 5747.98

HB336
CORPORATION DISSOLUTION-AFFIDAVIT (DEVER J, RYAN S) To require, under certain circumstances, a certificate of dissolution of a corporation to be accompanied by an affidavit stating that the corporation is not required to pay or has not been assessed any taxes at the time of dissolution.

Current Status:
12/1/2015 - House Commerce and Labor, (Fourth Hearing)
ORC Sections:
1701.86

HB343
EMPLOYMENT SERVICES-TAX EXEMPT (YOUNG R, ROMANCHUK M) To exempt employment services and employment placement services from sales and use tax.

Current Status:
4/27/2016 - House Economic and Workforce Development, (Eighth Hearing)
ORC Sections:
5739.01, 5739.02, 5741.01

HB377
PRIVATE EMPLOYEES-REQUIRED DUES (BRINKMAN T) To prohibit any requirement that employees of private employers join or pay dues to any employee organization and to establish civil and criminal penalties against employers who violate that prohibition.

Current Status:
12/1/2015 - House Commerce and Labor, (First Hearing)
ORC Sections:
4119.01, 4119.02, 4119.04, 4119.05, 4119.06, 4119.07, 4119.08, 4119.99

HB429
AUTOMOTIVE TECHNICIANS-TRAINING (ANTANI N, REINEKE W) Regarding employers of automotive technicians and motor vehicle technicians participating in the Incumbent Workforce Training Voucher Program.

Current Status:
4/26/2016 - House Rules and Reference, (First Hearing)

HB466
TAX-EXEMPT-DIGITAL ADVERTISING (SMITH R) To specifically exempt digital advertising services from sales and use tax.

Current Status:
4/12/2016 - House Ways and Means, (First Hearing)
ORC Sections:
5739.01

HB472
RENEWABLE-EFFICIENCY ENERGY REQUIREMENTS (STRAHORN F) To unfreeze the requirements for renewable energy, energy efficiency, and peak demand reduction, to permit changes in and Public Utilities Commission action on electric distribution utility portfolio plans in 2016, to revise the setback requirement for economically significant wind farms, and to repeal the setback requirement for wind farms of fifty megawatts or more.

Current Status:
2/23/2016 - Referred to Committee House Public Utilities
ORC Sections:
4906.20, 4906.201, 4928.64, 4928.66

HB473
UTILITY SERVICE TAX-LEVY (AMSTUTZ R) To require voter approval before a county may levy a new utilities services tax, to allow small businesses to count employees of related or affiliated entities towards satisfying the employment criteria of the business investment tax credit, to permit a bad debt refund for cigarette and tobacco product excise taxes paid when a purchaser fails to pay a dealer for the cigarettes or tobacco products and the unpaid amount is charged off as uncollectible by the dealer, and to allow vendors to receive a refund of sales taxes remitted for bad debts on private label credit cards when the debt is charged off as uncollectible by the credit card lender.

Current Status:
4/26/2016 - House Ways and Means, (First Hearing)
ORC Sections:
122.86, 324.02, 324.021, 5703.70, 5739.121, 5743.05, 5743.06, 5743.53

HB475
MOTION PICTURE-TAX CREDIT (SCHURING K) To authorize motion picture companies to transfer the authority to claim refundable motion picture tax credits to other persons, to adjust how the credit is calculated, to increase the total amount of credits that may be awarded per year, to remove the limit on the maximum credit amount that may be awarded to a motion picture, and to create a job training program for resident film crew members.

Current Status:
4/26/2016 - House Finance, (First Hearing)
ORC Sections:
122.85

HB476
STATE AGENCY-ISRAEL DISINVESTMENT (SCHURING K) To prohibit a state agency from contracting with a company that is boycotting Israel or disinvesting from Israel.

Current Status:
4/26/2016 - House Government Accountability and Oversight, (Second Hearing)
ORC Sections:
9.75

HB489
MINE FUNDS (CERA J) To credit a portion of the money derived from the Kilowatt-Hour Tax Receipts Fund to the Abandoned Mine Reclamation Fund, the Acid Mine Drainage Abatement and Treatment Fund, and the Mine Safety Fund and to make other changes to those funds.

Current Status:
4/13/2016 - Referred to Committee House Ways and Means
ORC Sections:
1513.37, 1561.24, 5727.81, 5727.84

HB527
EMPLOYEE SELECTION-INFORMATION (DEVER J) To regulate the collection, use, and retention of certain information obtained from an applicant during the employee selection process.

Current Status:
4/20/2016 - Introduced
ORC Sections:
4175.01, 4175.02, 4175.03, 4175.04, 4175.05

HB532
REAL ESTATE BROKERS (SMITH R) Relating to real estate brokers and salespersons.

Current Status:
4/25/2016 - Introduced
ORC Sections:
4735.01, 4735.06, 4735.07, 4735.081, 4735.09, 4735.091, 4735.10, 4735.141, 4735.18, 4735.23, 4735.24, 4735.51, 4735.65

HCR7
TAX EXEMPT MUNICIPAL BONDS (SPRAGUE R) To urge the President and the Congress of the United States to preserve the tax-exempt status of municipal bonds.

Current Status:
4/20/2016 - REPORTED OUT, Senate Ways and Means, (Second Hearing)

HCR14
STEELWORKER PENSION SUPPORT (RAMOS D, SLESNICK S) To declare the State of Ohio's support of its steelworkers in urging the President and the Congress of the United States to ensure that the Pension Benefit Guaranty Corporation is fully funded and properly administered to pay pension benefits to retired steelworkers and their spouses.

Current Status:
5/5/2015 - Referred to Committee House Commerce and Labor

HJR4
ANTI-MONOPOLY-CONSTITUTIONAL AMENDMENTS (SMITH R) Proposing to amend Sections 1a, 1b, and 1e of Article II of the Constitution of the State of Ohio to prohibit an initiated constitutional amendment that would grant a monopoly or a special economic interest, privilege, benefit, right, or license to any person or entity and to modify the procedure to propose a law or a constitutional amendment by initiative petition.

Current Status:
7/1/2015 - Filed with Secretary of State

HJR6
DIVEST-TERRORISM SPONSORED COMPANIES (JOHNSON T) To prohibit state agencies and the state's public retirement systems from contracting with and investing in companies with certain business operations in countries designated as state sponsors of terrorism and to require state agencies and public retirement systems to divest investments from such companies.

Current Status:
4/26/2016 - House Government Accountability and Oversight, (Second Hearing)

SB152
GEOGRAPHIC EMPLOYMENT REQUIREMENTS (UECKER J) To enact section 9.49 and to repeal sections 153.013 and 5525.26 of the Revised Code to prohibit a public authority from requiring a contractor to employ a certain percentage of individuals from the geographic area of the public authority for the construction or professional design of a public improvement.

Current Status:
4/12/2016 - House State Government, (Fifth Hearing)
ORC Sections:
153.013, 5525.26, 9.49

SB249
COMMERCIAL ROOFING LICENSE (PATTON T) To amend sections 715.27, 3781.102, 4740.01, 4740.02, 4740.04, and 4740.12 of the Revised Code to require commercial roofing contractors to have a license.

Current Status:
4/27/2016 - Senate Transportation, Commerce and Labor, (First Hearing)
ORC Sections:
3781.102, 4740.01, 4740.02, 4740.04, 4740.12, 715.27

SJR3
FUND SEWER-WATER CAPITAL IMPROVEMENTS (SCHIAVONI J) Proposing to enact Section 2t of Article VIII of the Constitution of the State of Ohio to permit the issuance of general obligation bonds to fund sewer and water capital improvements.

Current Status:
2/9/2016 - Senate Finance, (First Hearing)


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