H. B. No. 38 As Introduced

As Introduced

127th General Assembly

Regular Session

2007-2008

H. B. No. 38

Representative Skindell

Cosponsors: Representatives Stewart, D., Fessler, Foley, Williams, B., Koziura, McGregor, J., DeGeeter, Collier, Stewart, J., DeBose, Dodd, Garrison, Stebelton, Hughes, Hagan, R., Okey, Webster, Bolon, Sayre, Brady, Beatty

A BILL

To amend section 901.99 and to enact section 901.90 1
of the Revised Code to require the inclusion of a 2
bittering agent in engine coolant and antifreeze. 3

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That section 901.99 be amended and section 901.90 4
of the Revised Code be enacted to read as follows: 5

       Sec. 901.90. (A) Except as provided in division (E) of this 6
section, beginning July 1, 2007, engine coolant or antifreeze sold 7
in this state that contains more than ten per cent ethylene glycol 8
and that is manufactured after December 1, 2006, shall include a 9
bittering agent to render the engine coolant or antifreeze 10
unpalatable. The bittering agent shall consist of denatonium 11
benzoate in a concentration of not less than thirty parts per 12
million and not more than fifty parts per million. 13

       This section applies to manufacturers, packagers, 14
distributors, recyclers, and sellers of engine coolant or 15
antifreeze. 16

       (B) A manufacturer or packager of engine coolant or 17
antifreeze that is subject to division (A) of this section shall 18
maintain a record of the trade name, scientific name, and active 19
ingredients of the bittering agent included in the engine coolant 20
or antifreeze and, upon request, shall furnish a member of the 21
public with the information contained in the record. 22

       (C)(1) No manufacturer, packager, distributor, recycler, or 23
seller of engine coolant or antifreeze shall fail to comply with 24
division (A) of this section by offering or distributing for sale 25
in this state engine coolant or antifreeze that does not include 26
denatonium benzoate as required by this section. 27

       (2) No manufacturer or packager shall fail to comply with 28
division (B) of this section. 29

       (D) A manufacturer, packager, distributor, recycler, or 30
seller that is subject to division (A) of this section is not 31
liable for any bodily injury, death, or damage to property or the 32
environment that results from the inclusion of denatonium benzoate 33
in engine coolant or antifreeze in the concentration required by 34
this section unless the bodily injury, death, or damage to 35
property or the environment results from the willful or wanton 36
misconduct of the manufacturer, packager, distributor, recycler, 37
or seller, as applicable. 38

       (E) This section does not apply to either of the following: 39

       (1) The sale of a motor vehicle that contains engine coolant 40
or antifreeze; 41

       (2) A wholesale container of engine coolant or antifreeze 42
containing fifty-five or more gallons of antifreeze. 43

       (F) The director of agriculture may conduct investigations 44
and inspections and take other actions necessary to enforce this 45
section. 46

       Sec. 901.99. (A) Whoever violates section 901.51 of the 47
Revised Code is guilty of a misdemeanor of the fourth degree. 48

       (B) Whoever violates section 901.75 or division (C) of 49
section 901.73 of the Revised Code is guilty of a misdemeanor of 50
the first degree. 51

       (C) Whoever violates division (A) of section 901.76 of the 52
Revised Code is guilty of a felony of the fifth degree on a first 53
offense and of a felony of the fourth degree on each subsequent 54
offense. 55

       (D) Whoever violates division (B) of section 901.76 of the 56
Revised Code is guilty of a felony of the fourth degree. 57

       (E) Whoever violates division (B) of section 901.511 of the 58
Revised Code is guilty on a first offense of a misdemeanor or a 59
felony that is one degree higher than the penalty for the most 60
serious underlying specified offense that is involved in the 61
violation. However, if on such an initial violation the penalty 62
for the most serious underlying specified offense is a felony of 63
the first degree, the violator is guilty of a felony of the first 64
degree. 65

        On each subsequent violation of division (B) of that section, 66
the violator is guilty of a misdemeanor or a felony that is two 67
degrees higher than the penalty for the most serious underlying 68
specified offense that is involved in the subsequent violation. 69
However, if on such a subsequent violation the penalty for the 70
most serious underlying specified offense is a felony of the first 71
or second degree, the violator is guilty of a felony of the first 72
degree. 73

        As used in this division, "specified offense" has the same 74
meaning as in section 901.511 of the Revised Code, and "most 75
serious underlying specified offense" refers to the underlying 76
specified offense that carries the highest maximum penalty. 77

       (F) Whoever violates division (C) of section 901.511 of the 78
Revised Code is guilty of a felony of the third degree. 79

       (G) Whoever violates section 901.90 of the Revised Code is 80
guilty of a misdemeanor and shall be fined not more than one 81
thousand dollars. 82

       Section 2. That existing section 901.99 of the Revised Code 83
is hereby repealed. 84

Section 1. That section 901.99 be amended and section 901.90	4
of the Revised Code be enacted to read as follows:	5

Sec. 901.90. (A) Except as provided in division (E) of this	6
section, beginning July 1, 2007, engine coolant or antifreeze sold	7
in this state that contains more than ten per cent ethylene glycol	8
and that is manufactured after December 1, 2006, shall include a	9
bittering agent to render the engine coolant or antifreeze	10
unpalatable. The bittering agent shall consist of denatonium	11
benzoate in a concentration of not less than thirty parts per	12
million and not more than fifty parts per million.	13

This section applies to manufacturers, packagers,	14
distributors, recyclers, and sellers of engine coolant or	15
antifreeze.	16

(B) A manufacturer or packager of engine coolant or	17
antifreeze that is subject to division (A) of this section shall	18
maintain a record of the trade name, scientific name, and active	19
ingredients of the bittering agent included in the engine coolant	20
or antifreeze and, upon request, shall furnish a member of the	21
public with the information contained in the record.	22

(C)(1) No manufacturer, packager, distributor, recycler, or	23
seller of engine coolant or antifreeze shall fail to comply with	24
division (A) of this section by offering or distributing for sale	25
in this state engine coolant or antifreeze that does not include	26
denatonium benzoate as required by this section.	27

(2) No manufacturer or packager shall fail to comply with	28
division (B) of this section.	29

(D) A manufacturer, packager, distributor, recycler, or	30
seller that is subject to division (A) of this section is not	31
liable for any bodily injury, death, or damage to property or the	32
environment that results from the inclusion of denatonium benzoate	33
in engine coolant or antifreeze in the concentration required by	34
this section unless the bodily injury, death, or damage to	35
property or the environment results from the willful or wanton	36
misconduct of the manufacturer, packager, distributor, recycler,	37
or seller, as applicable.	38

(1) The sale of a motor vehicle that contains engine coolant	40
or antifreeze;	41

(2) A wholesale container of engine coolant or antifreeze	42
containing fifty-five or more gallons of antifreeze.	43

(F) The director of agriculture may conduct investigations	44
and inspections and take other actions necessary to enforce this	45
section.	46

Sec. 901.99. (A) Whoever violates section 901.51 of the	47
Revised Code is guilty of a misdemeanor of the fourth degree.	48

(B) Whoever violates section 901.75 or division (C) of	49
section 901.73 of the Revised Code is guilty of a misdemeanor of	50
the first degree.	51

(C) Whoever violates division (A) of section 901.76 of the	52
Revised Code is guilty of a felony of the fifth degree on a first	53
offense and of a felony of the fourth degree on each subsequent	54
offense.	55

(D) Whoever violates division (B) of section 901.76 of the	56
Revised Code is guilty of a felony of the fourth degree.	57

(E) Whoever violates division (B) of section 901.511 of the	58
Revised Code is guilty on a first offense of a misdemeanor or a	59
felony that is one degree higher than the penalty for the most	60
serious underlying specified offense that is involved in the	61
violation. However, if on such an initial violation the penalty	62
for the most serious underlying specified offense is a felony of	63
the first degree, the violator is guilty of a felony of the first	64
degree.	65

On each subsequent violation of division (B) of that section,	66
the violator is guilty of a misdemeanor or a felony that is two	67
degrees higher than the penalty for the most serious underlying	68
specified offense that is involved in the subsequent violation.	69
However, if on such a subsequent violation the penalty for the	70
most serious underlying specified offense is a felony of the first	71
or second degree, the violator is guilty of a felony of the first	72
degree.	73

As used in this division, "specified offense" has the same	74
meaning as in section 901.511 of the Revised Code, and "most	75
serious underlying specified offense" refers to the underlying	76
specified offense that carries the highest maximum penalty.	77

(F) Whoever violates division (C) of section 901.511 of the	78
Revised Code is guilty of a felony of the third degree.	79

(G) Whoever violates section 901.90 of the Revised Code is	80
guilty of a misdemeanor and shall be fined not more than one	81
thousand dollars.	82

Section 2. That existing section 901.99 of the Revised Code	83
is hereby repealed.	84