As Introduced

136th General Assembly

Regular Session H. B. No. 700

2025-2026

To amend sections 117.01, 120.521, and 120.54 and to enact sections 9.631 and 3129.07 of the Revised Code to modify the membership of the board of directors of the Ohio Access to Justice Foundation and to prohibit the use of state funds for certain purposes.

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

Section 1. That sections 117.01, 120.521, and 120.54 be amended and sections 9.631 and 3129.07 of the Revised Code be enacted to read as follows:

Sec. 9.631. Each person administering a state or local public benefit, as defined in division (c) of section 411 of the "Personal Responsibility and Work Opportunity Reconciliation Act of 1996," 8 U.S.C. 1621(c), as amended, shall comply with that section. This section does not apply when an individual applies for a state or local public benefit described in division (b) of that section or for a state or local public benefit for which the Revised Code affirmatively provides eligibility for persons described in division (a) of that section.

Sec. 117.01. As used in this chapter:

(A) "Color of office" means actually, purportedly, or allegedly done under any law, ordinance, resolution, order, or other pretension to official right, power, or authority.

(B) "Public accountant" means any person who is authorized by Chapter 4701. of the Revised Code to use the designation of certified public accountant or who was registered prior to January 1, 1971, as a public accountant.

(C) "Public money" means any money received, collected by, or due a public official under color of office, as well as any money collected by any individual on behalf of a public office or as a purported representative or agent of the public office.

"Public money" includes the money in the access to justice foundation fund established under section 120.521 of the Revised Code.

"Public money" does not include either of the following:

(1) Money or revenue earned by or from a person's ownership, operation, or use of an asset, whether tangible or intangible, that either in whole or in part was sold, was leased, was licensed, was the granting of a franchise, or was otherwise transferred or conveyed by a public office to the person pursuant to an agreement, authorized by law, between the person and the public office in which the public office received consideration from the person for the asset that was sold, leased, licensed, franchised, or otherwise transferred or conveyed;

(2) With respect to the transfer described in Chapter 4313. of the Revised Code and the operation of the enterprise acquisition project, revenues or receipts of or from the enterprise acquisition project in the hands of the nonprofit corporation formed under section 187.01 of the Revised Code or of a nonprofit entity the sole member of which is that nonprofit corporation, but does include any taxes collected on the spirituous liquor sales and then due the department of taxation and amounts then due to the state general revenue fund pursuant to section 4301.12 of the Revised Code. As used in this division, "enterprise acquisition project" has the meaning defined in section 4313.01 of the Revised Code.

(D) "Public office" means any state agency, public institution, political subdivision, other organized body, office, agency, institution, or entity established by the laws of this state for the exercise of any function of government. "Public office" does not include the nonprofit corporation formed under section 187.01 of the Revised Code.

(E) "Public official" means any officer, employee, or duly authorized representative or agent of a public office.

(F) "State agency" means every organized body, office, agency, institution, or other entity established by the laws of the state for the exercise of any function of state government.

(G) "Audit" means any of the following:

(1) Any examination, analysis, or inspection of the state's or a public office's financial statements or reports;

(2) Any examination, analysis, or inspection of records, documents, books, or any other evidence relating to either of the following:

(a) The collection, receipt, accounting, use, or expenditure of public money by a public office or by a private institution, association, board, or corporation;

(b) The determination by the auditor of state, as required by section 117.11 of the Revised Code, of whether a public office has complied with all the laws, rules, ordinances, or orders pertaining to the public office.

(3) Any other type of examination, analysis, or inspection of a public office, or of the specific funds or accounts of a private institution, association, board, or corporation into which public money has been placed or deposited, that is conducted according to generally accepted or governmental auditing standards established by rule pursuant to section 117.19 of the Revised Code.

(H) "Person" has the meaning defined in section 1.59 of the Revised Code.

Sec. 120.521. (A) The state public defender shall establish a charitable, tax exempt foundation, named the Ohio access to justice foundation, to actively solicit and accept gifts, bequests, donations, and contributions for use in providing financial assistance to legal aid societies, enhancing or improving the delivery of civil legal services to indigents, and operating the foundation. The Ohio access to justice foundation shall deposit all gifts, bequests, donations, and contributions accepted by it into the access to justice foundation fund established under this section. If the state public defender, pursuant to section 120.52 of the Revised Code as it existed prior to June 30, 1995, established a charitable, tax exempt foundation named the Ohio access to justice foundation and if that foundation is in existence on the day before June 30, 1995, that foundation shall continue in existence and shall serve as the Ohio access to justice foundation described in this section.

(B)(1) There is hereby established the access to justice foundation fund, which shall be under the custody and control of the Ohio access to justice foundation. The fund shall contain all moneys distributed to the Ohio access to justice foundation pursuant to section 120.53 of the Revised Code and all gifts, bequests, donations, and contributions accepted by the Ohio access to justice foundation under this section.

(2) The Ohio access to justice foundation shall distribute or use all moneys in the access to justice foundation fund for the charitable public purpose of providing financial assistance to legal aid societies that provide civil legal services to indigents, enhancing or improving the delivery of civil legal services to indigents, and operating the foundation. The Ohio access to justice foundation shall establish rules governing the administration of the access to justice foundation fund.

(3) The Ohio access to justice foundation shall not distribute or use any money in the access to justice foundation fund for the provision of legal services or assistance to any individual who is unlawfully present in the United States. No recipient of money from the access to justice foundation fund shall use the money for that purpose.

(4) The Ohio access to justice foundation shall include, in the annual report it is required to make to the governor, the general assembly, and the supreme court pursuant to division (G)(2) of section 120.53 of the Revised Code, an audited financial statement on the distribution and use of the access to justice foundation fund. No information contained in the statement shall identify or enable the identification of any person served by a legal aid society or in any way breach confidentiality.

(5) If the auditor of state determines, pursuant to an audit conducted under section 117.10 of the Revised Code, that a recipient of money from the access to justice foundation fund has used any of that money for the provision of legal services or assistance to any individual who is unlawfully present in the United States, both of the following apply:

(a) The auditor of state shall include in the audit report a finding for recovery of both of the following:

(i) The full amount of the money from the fund that was used for that purpose;

(ii) Any additional amount of money the person received from the fund on or after the first date on which the person used any money from the fund for that purpose.

(b) The person is ineligible to receive any money from the access to justice foundation fund, or to receive any grant of state funds for any other reason, for a period of four years after the date of the audit report.

(C) The board of directors of the Ohio access to justice foundation shall include at least one voting member who is the chief executive officer of a legal aid society. Membership on the board of directors of the Ohio access to justice foundation does not constitute holding another public office and does not constitute grounds for resignation from the senate or house of representatives under section 101.26 of the Revised Code.

(D) The Ohio access to justice foundation shall assist the chancellor of higher education by determining the ratio, for each county in the state, of attorneys to total population for the purpose described in section 3333.132 of the Revised Code.

~~(B)~~ (E) A foundation is tax exempt for purposes of this section if the foundation is exempt from federal income taxation under subsection 501(a) of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 501(a), as amended, and if the foundation has received from the internal revenue service a determination letter that is in effect stating that the foundation is exempt from federal income taxation under that subsection.

Sec. 120.54. (A) A legal aid society that receives financial assistance from the legal aid fund under section 120.53 of the Revised Code shall use the financial assistance for only the following purposes:

(1) To defray the costs of providing legal services to indigents;

(2) To provide legal training and legal technical assistance to other eligible legal aid societies; and

(3) If the legal aid society has entered into an agreement pursuant to division (H) of section 120.53 of the Revised Code and in accordance with the description and list of conditions set forth in its application pursuant to division (B)(9) of that section, to provide funds for the services, programs, training, and legal technical assistance provided to the legal aid society under the contract.

(B) No financial assistance received by a legal aid society from the legal aid fund pursuant to section 120.53 of the Revised Code shall be used for ~~the~~ any of the following:

(1) The provision of legal services in any criminal case or proceeding ~~or in the~~ ;

(2) The provision of legal services or assistance to any individual who is unlawfully present in the United States;

(3) The provision of legal assistance in any fee generating case.

(C) If the auditor of state determines, pursuant to an audit conducted under section 117.10 of the Revised Code, that a legal aid society has used any financial assistance received pursuant to section 120.53 of the Revised Code for the purpose described in division (B)(2) of this section, both of the following apply:

(1) The auditor of state shall include in the audit report a finding for recovery of both of the following:

(a) The full amount of the financial assistance the legal aid society used for the purpose described in division (B)(2) of this section;

(b) Any additional amount of financial assistance the legal aid society received pursuant to section 120.53 of the Revised Code on or after the first date on which the legal aid society used any financial assistance for the purpose described in division (B)(2) of this section.

(2) The legal aid society is ineligible to receive any financial assistance pursuant to section 120.53 of the Revised Code, or to receive any grant of state funds for any other reason, for a period of four years after the date of the audit report.

Sec. 3129.07. (A) No state agency or other entity that receives state funds shall provide any grants, loans, or other services to any entity that uses federal, state, or local funds to provide gender transition services to minors.

(B) If the auditor of state determines, pursuant to an audit conducted under section 117.10 of the Revised Code, that an entity that receives state funds has used federal, state, or local funds to provide gender transition services to minors, both of the following apply:

(1) The auditor of state shall include in the audit report a finding for recovery of both of the following:

(a) The full amount of any state funds used to provide gender transition services to minors;

(b) Any additional amount of state funds the entity received on or after the first date on which the entity used any federal, state, or local funds to provide gender transition services to minors.

(2) The entity is ineligible to receive any state funds or other state services for a period of four years after the date of the audit report.

Section 2. That existing sections 117.01, 120.521, and 120.54 of the Revised Code are hereby repealed.