Substitute Bill Comparative Synopsis - Sub. H.B. 253, 133rd General Assembly, House Commerce and Labor
Summary
Substitute Bill Comparative Synopsis for Sub. H.B. 253 of the 133rd General Assembly, House Commerce and Labor, prepared by Andrew Little, Attorney, of the Ohio Legislative Service Commission. The table summarizes how the latest substitute version, l_133_2815-2, differs from the previous version, As Introduced, and addresses only topics on which the two versions differ substantively. Under effective dates, the previous version sets October 2, 2019, as the effective date for the fountain device retailer licensing provisions, while the latest version changes it to a 90-day effective date and adds a licensing moratorium for 2020. Other topics include the event timeline, fountain device retailer licensing, safety pamphlets and licensing variances.
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“Substitute Bill Comparative Synopsis - Sub. H.B. 253, 133rd General Assembly, House Commerce and Labor.”
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OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
Substitute Bill Comparative Synopsis
Sub. H.B. 253
133rd General Assembly
House Commerce and Labor
Andrew Little, Attorney
This table summarizes how the latest substitute version of the bill differs from the immediately preceding version. It
addresses only the topics on which the two versions differ substantively. It does not list topics on which the two bills are
substantively the same.
Previous Version Latest Version
(As Introduced) (l_133_2815-2)
Effective dates
Sets October 2, 2019, as the effective date for the fountain device Changes the effective date for the fountain device retailer provisions
retailer licensing provisions (Section 3). to a 90-day effective date, and adds a corresponding licensing
moratorium for 2020 (Sections 3 and 4).
Sets June 1, 2020, as the effective date for most provisions, including Changes the effective date for most of these provisions to 260 days after
the provisions for consumer grade fireworks use (Section 3). the bill takes effect, which will be 90 days after it is filed with the Secretary
of State, and changes the effective date for the consumer grade fireworks
fee provision to 90 days after the bill is filed with the Secretary of State,
though the actual collection start date is addressed in the provision’s
statutory text (Section 3).
Office of Research and Drafting LSC Legislative Budget Office
Previous Version Latest Version
(As Introduced) (l_133_2815-2)
Event timeline
Requires the Fire Code Rule Recommendation Committee to hold its Requires the Committee to hold its first meeting no more than ten
first meeting by September 30, 2019, and issue its report by December days after the bill’s effective date and issue its report no more than
21, 2019 (R.C. 3743.67(B)). 100 days after the bill’s effective date (R.C. 3743.67(B)).
Starts collections of the consumer grade fireworks fee on January 1, Starts collections of the consumer grade fireworks fee 100 days after
2020 (R.C. 3743.22(B)). the bill’s effective date (R.C. 3743.22(B)).
Requires the State Fire Marshal to file rules regarding consumer grade Requires the rules to be filed no later than 180 days after the bill’s
fireworks use and for fountain device retailers by March 17, 2020 effective date (R.C. 3743.28 and 3743.451(A)).
(R.C. 3743.28 and 3743.451(A)).
Sets a one-time, initial fountain device license application date of April Sets the one-time, initial license application date at 190 days after the
1, 2020, with an initial license date of June 1, 2020, and an expiration bill’s effective date, the initial license date at 260 days after the bill’s
date of November 30, 2021 (R.C. 3743.26(D) and (E)). effective date, and a variable expiration date that depends on when
the licenses are issued. If the 260th day after the bill’s effective date
falls in the first five months of a calendar year, the initial license
expires at the end of November in the same year. If the 260th day falls
in the latter seven months of a calendar year, the license expires at the
end of November in the subsequent calendar year. (R.C. 3743.26(D)).
Extends an existing moratorium on the geographic transfer of Extends the geographic transfer moratorium until 260 days after the
fireworks manufacturer and wholesaler licenses to June 1, 2020 (a bill’s effective date (R.C. 3743.75(A)).
provision in H.B. 166 of the 133rd General Assembly extended it to
December 31, 2020) (R.C. 3743.75(A)).
Extends the existing moratorium on new fireworks manufacturer and Extends the new license moratorium until 18 months after the
wholesaler licenses to December 15, 2021 (R.C. 3743.75(A)). geographic transfer moratorium expires (260 days plus 18 months
after the bill’s effective date) (R.C. 3743.75(A)).
P a g e |2 Sub. H.B. 253, Sub. Bill Comparative Synopsis
Office of Research and Drafting LSC Legislative Budget Office
Previous Version Latest Version
(As Introduced) (l_133_2815-2)
Fireworks manufacturer and wholesaler transfer rules
Requires the State Fire Marshal to adopt rules allowing licensed Instead, expands existing procedures that allow licensed fireworks
fireworks manufacturers and wholesalers to transfer their licenses manufacturers and wholesalers to make changes to their licensed
from one location to another (R.C. 3743.591). premises to also include the transfer of the licensed premises to a new
location (R.C. 3743.04 and 3743.17, with conforming changes in R.C.
3743.01, 3743.15, and 3743.75).
Immediate licensure post moratorium
No provision. Allows applications for new fireworks manufacturer and wholesaler
licenses two months before the new license moratorium expires, with
licensure on the date the moratorium expires, and a variable
expiration date depending on when the moratorium expires. If the
moratorium expires in the first five months of a calendar year, licenses
issued pursuant to these one-time provisions will expire at the end of
November in the same year. If the moratorium expires in the latter
seven months of a calendar year, the licenses will expire at the end of
November in the subsequent calendar year (R.C. 3743.021, 3743.041,
3743.151, and 3743.171).
Fountain device retailer licensing
No provision. Adds provisions allowing retailers who are not yet in business as of the
annual application deadline for fountain device retailer licenses to
apply for a license any time between the date they open for business
and the subsequent annual deadline (R.C. 3743.26(C)).
Requires the State Fire Marshal to give notice to fountain device Changes the notice date to September 1 (R.C. 3743.26(B)).
retailers with expiring licenses three months before expiration, which
is November 30 (R.C. 3743.26(C)).
P a g e |3 Sub. H.B. 253, Sub. Bill Comparative Synopsis
Office of Research and Drafting LSC Legislative Budget Office
Previous Version Latest Version
(As Introduced) (l_133_2815-2)
Safety pamphlets
Requires the State Fire Marshal to prepare a safety pamphlet Instead requires sellers of consumer-grade fireworks to give
describing the safe use of consumer grade fireworks for distribution to purchasers a pamphlet with, at a minimum, specific safety information
purchasers (R.C. 3743.47). contained in the bill (R.C. 3743.47, with conforming changes in R.C.
3743.27, 3743.60, and 3743.61).
Licensing variances
No provision. Prohibits the State Fire Marshal from unreasonably withholding a
variance to the Fireworks Law that the State Fire Marshal is
authorized, under existing law, to grant for hobbyists, and prohibits
revocation of a variance except for cause (R.C. 3743.59).
H0253-2-133/ec
P a g e |4 Sub. H.B. 253, Sub. Bill Comparative Synopsis
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