130th Ohio General Assembly
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H. B. No. 590  As Introduced
As Introduced

130th General Assembly
Regular Session
2013-2014
H. B. No. 590


Representatives Stinziano, Curtin 

Cosponsors: Representatives Antonio, Cera, Driehaus, Foley, Hagan, R., Phillips, Rogers 



A BILL
To enact section 2721.22 of the Revised Code to confer on a qualified person standing to challenge the constitutionality of a statute.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1.  That section 2721.22 of the Revised Code be enacted to read as follows:
Sec. 2721.22.  (A) A person has standing to bring an action for a declaratory judgment to determine the constitutionality of a statute or to intervene in an action in which the unconstitutionality of a statute has been alleged in the pleadings, notwithstanding the person's failure to allege facts showing that the person has suffered or will suffer a direct and concrete injury resulting from enforcement of the statute, if the person meets all of the following criteria:
(1) The person has a sufficient interest in the constitutionality of the statute to effectively assist the court in developing and reviewing all relevant legal and factual questions necessary to a determination of the statute's constitutionality.
(2) The issue of the statute's constitutionality is of significant public importance and interest.
(3) The issue of the statute's constitutionality is unlikely to be raised if the person is denied standing.
(B) If a person that has standing under division (A) of this section has commenced an action for a declaratory judgment or has intervened in a pending action, the court may deny a motion to intervene by another person having standing under division (A) of this section or may grant the motion on such terms as the court finds to be in the interest of judicial economy.
(C) An original action authorized by division (A) of this section shall be brought in the Franklin county court of common pleas.
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