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HB 228 fixed

Posted: Wed Mar 06, 2019 2:49 pm
by MrMagoo
The Senate just passed HB 86, the bill to correct the language in HB 228 from last year and eliminate the threat of having dangerous ordnance just passed. It passed as an emergency so it we won't have to wait 90 days for it to be effective.

So much for Jim Irvine saying an emergency would never pass, just quietly let the change to 228 be put into the budget.

Gary

Re: HB 228 fixed

Posted: Wed Mar 06, 2019 3:23 pm
by rickt
Technically, the part that fixes ORC doesn't take effect until March 28, the same day as HB 228. Probably has something to with not inserting the fixed language into ORC now and then having 228 insert the broken language on March 28.

Re: HB 228 fixed

Posted: Wed Mar 06, 2019 4:17 pm
by schmieg
rickt wrote:Technically, the part that fixes ORC doesn't take effect until March 28, the same day as HB 228. Probably has something to with not inserting the fixed language into ORC now and then having 228 insert the broken language on March 28.
Which is exactly why it had to be passed as an emergency measure. Otherwise, it wouldn't take effect for 90 days after signature of the governor and docketing occurred.

Re: HB 228 fixed

Posted: Wed Mar 06, 2019 4:23 pm
by rickt
Here is the relevant verbiage from the bill.
Section 5. The amendments to section 2923.11 of the Revised Code in this act take effect on March 28, 2019, which is the effective date of Am. Sub. H.B. 228 of the 132nd General Assembly, or on the effective date of this section, whichever is later.
So one part takes effect on March 28 and the rest takes effect as soon as the bill gets recorded by the secretary of state.

Re: HB 228 fixed

Posted: Wed Mar 06, 2019 4:31 pm
by schmieg
rickt wrote:Here is the relevant verbiage from the bill.
Section 5. The amendments to section 2923.11 of the Revised Code in this act take effect on March 28, 2019, which is the effective date of Am. Sub. H.B. 228 of the 132nd General Assembly, or on the effective date of this section, whichever is later.
So one part takes effect on March 28 and the rest takes effect as soon as the bill gets recorded by the secretary of state.
What takes effect immediately is the amendment of the law that will take effect on March 28. If it were not emergency legislation, the amendment wouldn't take place until sometime in June.

Re: HB 228 fixed

Posted: Wed Mar 06, 2019 4:37 pm
by rickt
Section 5 takes effect immediately stating that section 1 doesn't take effect until March 28.

Re: HB 228 fixed

Posted: Wed Mar 06, 2019 8:50 pm
by JustaShooter
rickt wrote:Section 5 takes effect immediately stating that section 1 doesn't take effect until March 28.
Heh. I think there's more to it... The amendments (Section 1) take effect on March 28 per Section 5, but the rest of the act takes effect immediately. Doesn't that mean that Section 2, which repeals 2923.11, has immediate effect? Meaning 2923.11 is repealed when the Gov. signs it, leaving some period of time where many terms are undefined in Ohio firearm law?