As Introduced

128th General Assembly Regular Session 2009-2010

S. B. No. 18

Senator Gibbs 

Cosponsors: Senators Schuler, Grendell, Schaffer 

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A BILL

To enact section 3745.25 of the Revised Code to

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require the proceeds of fines paid by certain

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political subdivisions under environmental laws to

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be expended by the state in the county that

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incurred the fine or in which the political

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subdivision that incurred the fine is located and

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to require the proceeds of fines paid by private

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entities under environmental laws to be deposited

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in the General Revenue Fund.

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

Section 1. That section 3745.25 of the Revised Code be	10
enacted to read as follows:	11

Sec. 3745.25. (A) As used in this section, "environmental	12
laws" means Chapters 3704., 3714., 3734., 3745., 3746., 3750.,	13
3751., 3752., 3753., 6109., and 6111. of the Revised Code; any	14
federal counterparts of those chapters; rules adopted under those	15
chapters or federal counterparts; and terms and conditions of	16
orders, permits, permit renewals, licenses, license renewals,	17
variances, exemptions, or plan approvals issued under those	18
chapters or federal counterparts.	19

(B) Notwithstanding any provision of the Revised Code to the	20
contrary, the director of environmental protection in consultation	21
with the director of budget and management shall ensure that money	22
collected as the result of the imposition of a fine levied against	23
a county, municipal corporation, or township under any	24
environmental law shall be expended by the state in the county	25
that incurred the fine or in the county in which the municipal	26
corporation or township that incurred the fine is located. The	27
director of environmental protection and the director of budget	28
and management jointly shall take actions and may adopt policies	29
that are necessary to ensure that state expenditures comply with	30
this division.	31

(C) All money collected by the environmental protection	32
agency as the result of the imposition of a fine against a private	33
entity under any environmental law shall be credited to the	34
general revenue fund. The director of environmental protection in	35
consultation with the director of budget and management shall take	36
actions and adopt policies that are necessary to ensure compliance	37
with this division. The requirements of this division apply	38
notwithstanding any provision of the Revised Code that requires	39
money collected as a result of the imposition of a fine under an	40
environmental law to be credited to a fund other than the general	41
revenue fund.	42