As Introduced                            1            

123rd General Assembly                                             4            

   Regular Session                                H. B. No. 264    5            

      1999-2000                                                    6            


REPRESENTATIVES SALERNO-SUTTON-ALLEN-BARRETT-BENDER-BOYD-BRITTON-  8            

    CLANCY-EVANS-FLANNERY-FORD-GOODMAN-HARTNETT-JAMES-JONES-       9            

   LUCAS-METELSKY-MOTTLEY-MYERS-OLMAN-OPFER-PRINGLE-SULLIVAN-      10           

   SULZER-SYKES-TAYLOR-TERWILLEGER-WILLAMOWSKI-WILLIAMS-YOUNG      11           


_________________________________________________________________                

                          A   B I L L                                           

             To amend sections 124.93, 125.111, 153.59, 175.05,    13           

                175.06, 176.04, 176.06, 306.43, 717.01, 1501.012,  14           

                2927.03, 3781.111, 4112.01, 4112.02, 4112.021,     15           

                4112.022, 4112.04, 4112.05, 4112.08, 4117.19,      16           

                4735.16, 4735.55, 4757.07, 5119.61,  and 5123.351  17           

                of the Revised Code to substitute the term         18           

                "disability" for the term "handicap" in the law    19           

                pertaining to the Ohio Civil Rights Commission     20           

                and certain other related  laws.                   21           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        23           

      Section 1.  That sections 124.93, 125.111, 153.59, 175.05,   25           

175.06, 176.04, 176.06, 306.43, 717.01, 1501.012, 2927.03,         26           

3781.111, 4112.01, 4112.02, 4112.021, 4112.022, 4112.04, 4112.05,  28           

4112.08, 4117.19, 4735.16, 4735.55, 4757.07, 5119.61, and          29           

5123.351 of the Revised Code be amended to read as follows:                     

      Sec. 124.93.  (A)  As used in this section, "physician"      38           

means any person who holds a valid certificate to practice         39           

medicine and surgery or osteopathic medicine and surgery issued    40           

under Chapter 4731. of the Revised Code.                           41           

      (B)  No health insuring corporation that, on or after July   45           

1, 1993, enters into or renews a contract with the department of   47           

administrative services under section 124.82 of the Revised Code   48           

shall, because of a physician's race, color, religion, sex,        49           

                                                          2      


                                                                 
national origin, handicap DISABILITY AS DEFINED IN SECTION         50           

4112.01 OF THE REVISED CODE, age, or ancestry, SHALL refuse to     51           

contract with that physician for the provision of health care      52           

services under that section 124.82 OF THE REVISED CODE.            53           

      Any health insuring corporation that violates this division  56           

is deemed to have engaged in an unlawful discriminatory practice   57           

as defined in section 4112.02 of the Revised Code and is subject   58           

to Chapter 4112. of the Revised Code.                                           

      (C)  Each health insuring corporation that, on or after      61           

July 1, 1993, enters into or renews a contract with the            64           

department of administrative services under section 124.82 of the  65           

Revised Code and that refuses to contract with a physician for     66           

the provision of health care services under that section shall     67           

provide that physician with a written notice that clearly          68           

explains the reason or reasons for the refusal.  The notice shall  69           

be sent to the physician by regular mail within thirty days after  70           

the refusal.                                                                    

      Any health insuring corporation that fails to provide        73           

notice in compliance with this division is deemed to have engaged  74           

in an unfair and deceptive act or practice in the business of                   

insurance as defined in section 3901.21 of the Revised Code and    75           

is subject to sections 3901.19 to 3901.26 of the Revised Code.     76           

      Sec. 125.111.  (A)  Every contract for or on behalf of the   85           

state or any of its political subdivisions for any purchase shall  86           

contain provisions similar to those required by section 153.59 of  87           

the Revised Code in the case of construction contracts by which    88           

the contractor agrees to both of the following:                    89           

      (1)  That, in the hiring of employees for the performance    91           

of work under the contract or any subcontract, no contractor or    92           

subcontractor shall, by reason of race, color, religion, sex,      93           

age, handicap DISABILITY AS DEFINED IN SECTION 4112.01 OF THE      94           

REVISED CODE, national origin, or ancestry, SHALL discriminate     95           

against any citizen of this state in the employment of a person    96           

qualified and available to perform the work to which the contract  97           

                                                          3      


                                                                 
relates;                                                                        

      (2)  That no contractor, subcontractor, or any person        99           

acting on behalf of any contractor or subcontractor shall, in any  100          

manner, SHALL discriminate against, intimidate, or retaliate       101          

against any employee hired for the performance of work under the   102          

contract on account of race, color, religion, sex, age, handicap   103          

DISABILITY AS DEFINED IN SECTION 4112.01 OF THE REVISED CODE,      104          

national origin, or ancestry.                                      105          

      (B)  All contractors from whom the state or any of its       107          

political subdivisions make purchases shall have a written         108          

affirmative action program for the employment and effective        109          

utilization of economically disadvantaged persons, as defined in   110          

section 122.71 of the Revised Code.  Annually, each such           111          

contractor shall file a description of the affirmative action      112          

program and a progress report on its implementation with the Ohio  113          

civil rights commission and the minority business development      114          

office established under section 122.92 of the Revised Code.       115          

      Sec. 153.59.  Every contract for or on behalf of the state,  124          

or any township, county, or municipal corporation thereof OF THE   125          

STATE, for the construction, alteration, or repair of any public   127          

building or public work in the state shall contain provisions by   128          

which the contractor agrees TO BOTH OF THE FOLLOWING:              129          

      (A)  That, in the hiring of employees for the performance    131          

of work under this THE contract or any subcontract, no             132          

contractor, subcontractor, or any person acting on his A           133          

CONTRACTOR'S OR SUBCONTRACTOR'S behalf shall, by reason of race,   135          

creed, sex, handicap DISABILITY AS DEFINED IN SECTION 4112.01 OF   136          

THE REVISED CODE, or color, SHALL discriminate against any         137          

citizen of the state in the employment of labor or workers who is  138          

qualified and available to perform the work to which the           139          

employment relates;                                                             

      (B)  That no contractor, subcontractor, nor OR any person    141          

on his A CONTRACTOR'S OR SUBCONTRACTOR'S behalf shall, in any      143          

manner, SHALL discriminate against or intimidate any employee      145          

                                                          4      


                                                                 
hired for the performance of work under this THE contract on       146          

account of race, creed, sex, handicap DISABILITY AS DEFINED IN     148          

SECTION 4112.01 OF THE REVISED CODE, or color;                                  

      (C)  The department of administrative services shall ensure  150          

that no capital moneys appropriated by the general assembly for    151          

any purpose shall be expended unless the project for which such    152          

THOSE moneys are appropriated provides for an affirmative action   154          

program for the employment and effective utilization of            155          

disadvantaged persons whose disadvantage may arise from cultural,  156          

racial, or ethnic background, or other similar cause, including,   157          

without limitation BUT NOT LIMITED TO, race, religion, sex,        158          

handicap DISABILITY AS DEFINED IN SECTION 4112.01 OF THE REVISED   159          

CODE, national origin, or ancestry.                                160          

      In awarding contracts for capital improvement projects, the  162          

department shall ensure that equal consideration be given to       163          

contractors, subcontractors, or joint venturers who qualify as a   164          

minority business enterprise.  As used in this section, "minority  165          

business enterprise" means a business enterprise that is owned or  166          

controlled by one or more socially or economically disadvantaged   167          

persons who are residents of this state.  "Socially or             168          

economically disadvantaged persons" means persons, regardless of   169          

marital status, who are members of groups whose disadvantage may   170          

arise from discrimination on the basis of race, religion, sex,     171          

handicap DISABILITY AS DEFINED IN SECTION 4112.01 OF THE REVISED   172          

CODE, national origin, or ancestry, or other similar cause. Such   174          

persons include, but are not limited to, Negroes, Puerto Ricans,   175          

Spanish-speaking Americans, American Indians, Eskimos, and         176          

Aleuts.                                                                         

      Sec. 175.05.  (A)  The Ohio housing finance agency may       185          

purchase, and contract to purchase, mortgage loans or other        186          

evidence of debt from lending institutions upon the terms and      187          

conditions that the agency shall determine, and all lending        188          

institutions are authorized to sell to, or otherwise obtain        189          

mortgage loans as agent for, the agency in accordance with this    190          

                                                          5      


                                                                 
chapter.                                                           191          

      (B)  The agency may provide in agreements with lending       193          

institutions and in loan documents requirements applicable to the  194          

purchase of mortgage loans to carry out the purposes of this       195          

chapter, including, but not limited to, the following:             196          

      (1)  Qualifications of lending institutions from which       198          

mortgage loans may be acquired;                                    199          

      (2)  The time periods within which lending institutions      201          

must make commitments for, originate, and close mortgage loans,    202          

and deliver them for purchase;                                     203          

      (3)  The location and other characteristics of               205          

single-family residential housing to be financed by mortgage       206          

loans;                                                             207          

      (4)  The terms and conditions of mortgage loans to be        209          

purchased;                                                         210          

      (5)  The amounts and types of insurance coverage required    212          

on single-family residential housing and mortgage loans;           213          

      (6)  The representations and warranties to be required of    215          

lending institutions, private insurers, and other parties;         216          

      (7)  Restrictions as to interest rates and other terms of    218          

mortgage loans and the net effective interest rate on the          219          

mortgage loans;                                                    220          

      (8)  The type and amount of collateral security to be        222          

provided to assure repayment of any mortgage loan.                 223          

      (C)  The agency shall include in agreements with lending     225          

institutions requirements applicable to the purchase of mortgage   226          

loans or other evidence of debt as the agency considers necessary  227          

or desirable in order to ensure that the single-family             228          

residential housing financed by the mortgage loans is safe and     229          

sanitary.                                                          230          

      (D)(1)  In connection with the issuance of any issue of      232          

bonds to provide funds to purchase mortgage loans or other         233          

evidence of debt, the agency shall provide for the reasonable      234          

availability of the funds on an equitable, statewide basis, and    235          

                                                          6      


                                                                 
without discrimination by reason of race, color, ancestry,         236          

national origin, religion, sex, familial status, as defined in     237          

section 4112.01 of the Revised Code, or handicap, DISABILITY as    238          

defined in that section.  Except as otherwise provided in          240          

division (D)(2) of this section, the agency shall provide for      241          

making not less than twenty per cent of the moneys for mortgage    243          

loans from each issue of bonds available for not less than one     244          

year for mortgage loans in targeted areas as described in section  245          

143(j) of the Internal Revenue Code, including areas of chronic    246          

economic distress as designated and confirmed under division (F)   247          

of this section.  The agency shall solicit commitments from all    249          

qualified lending institutions and shall accord priorities to      250          

commitments proffered for mortgage loans up to amounts for each    251          

county which bear the same ratio to the moneys from the bond       252          

issue available for mortgage loans as the population of that       253          

county bears to the population of the state, using the most        254          

recent available statewide census data as determined by the        255          

agency.  The priorities shall be accorded for periods determined   256          

by the agency and subject to availabilities to be accorded to      257          

targeted areas and areas of chronic economic distress, and,        258          

within the priorities, the agency may establish priorities for     259          

stated purposes including, but not limited to, for new             260          

construction, rehabilitation, or home improvements, as the agency  261          

may determine upon consideration of any preferences that may be    262          

indicated from the local community.  Any amounts given the         263          

priorities which THAT are not claimed by commitments, origination  265          

of loans, or loan closings within the time prescribed by the       266          

agency may be reallocated in a manner that places the maximum      267          

amount of the funds on an equitable basis and that achieves THE    268          

broadest distribution to the extent practical, as the agency may   269          

determine or authorize to be determined.  If two or more           270          

qualified lending institutions commit for aggregate amounts in     271          

excess of allocations, the agency shall accept commitments in      272          

amounts adjusted on an equitable basis, as it determines, subject  273          

                                                          7      


                                                                 
to minimums prescribed by the agency and consideration of the      274          

efficiency of placement of the moneys in mortgage loans.  All      275          

allocations made by or pursuant to authorization by the agency     276          

shall be conclusive.                                               277          

      (2)  The requirement of division (D)(1) of this section      279          

that funds be allocated on a county-by-county basis according to   280          

population does not apply to the allocation of funds for new       281          

construction if the agency determines that there is an imbalance   282          

of statewide demand for funds for new construction.  The agency    283          

shall take reasonable measures to invite statewide demand for      284          

such funds before making the determination, and such invitation                 

shall remain open for a period of not less than thirty days        285          

before the determination is made.  If the agency determines that   286          

the requirement does not apply, it shall allocate the funds for    287          

new construction on an equitable basis among all of the counties   288          

in which a demand is expressed.                                                 

      (E)  The agency is the sole entity in the state authorized   290          

to issue bonds for the purpose of financing purchase, other than   291          

lease-purchase, of single-family residential housing, and the      292          

agency is hereby authorized to issue the bonds up to the full      293          

amount permitted to be issued in the state by law.                 294          

      (F)  The director of development may designate areas within  296          

the state as areas of chronic economic distress within the         297          

meaning of section 143(j) of the Internal Revenue Code, the        298          

designation to be confirmed by the agency or, if not so            299          

confirmed, revised and resubmitted by the director to the agency   300          

for confirmation.                                                  301          

      (G)  Lending institutions are authorized to comply with      303          

requirements pursuant to this section notwithstanding other        304          

restrictions in law or rules.                                      305          

      (H)(1)  If any applicant for a mortgage loan under this      307          

section has reason to believe that the applicant's application     309          

was denied unlawfully, the applicant may appeal the action to the  310          

agency within thirty days after the applicant's application is     312          

                                                          8      


                                                                 
denied.  The applicant shall take an appeal by filing a notice of  314          

appeal with the agency.  The notice of appeal shall set forth the  315          

name and address of the applicant, the name and address of the     316          

lending institution, the grounds upon which the applicant          317          

believes that his THE application was unlawfully denied, and any   318          

other information that the agency requires by rule.  A copy of     319          

the application shall be attached to the notice of appeal.         320          

      (2)  Upon an appeal, the agency shall issue an order,        322          

pursuant to an adjudication conducted in accordance with Chapter   323          

119. of the Revised Code, affirming the denial of the application  324          

or ordering the lending institution to grant the application.      325          

Any party who is adversely affected by the issuance of an          326          

adjudication order under this division may appeal to the court of  327          

common pleas of the county in which the application was made in    328          

accordance with section 119.12 of the Revised Code.                329          

      Sec. 175.06.  (A)  The Ohio housing finance agency may       338          

make, and contract to make, loans to, or through, lending          339          

institutions to finance the acquisition, construction,             340          

improvement, and rehabilitation of multifamily residential         341          

housing on terms and conditions that the agency shall determine,   342          

and all.  ALL lending institutions are authorized to borrow from   344          

the agency in accordance with this section, provided that a        345          

separate issue of bonds may be authorized for loans to, or         346          

through, lending institutions with respect to multifamily          347          

residential housing that shares a common site, ownership, and      348          

security interest, and constitutes a single multifamily            349          

residential housing project.                                       350          

      (B)  The agency may purchase, and contract to purchase,      352          

from lending institutions loans or other evidence of debt to       353          

finance the acquisition, construction, improvement, and            354          

rehabilitation of multifamily residential housing on terms and     355          

conditions that the agency shall determine, and all lending        356          

institutions are authorized to sell the loans to the agency in     357          

accordance with this section.                                      358          

                                                          9      


                                                                 
      (C)  The agency shall require, as a condition of each loan   360          

made to, or through, a lending institution pursuant to this        361          

section, that the lending institution use the loan proceeds to     362          

make new loans in an aggregate principal amount at least equal to  363          

the amount of the loan to finance the acquisition, construction,   364          

improvement, and rehabilitation of multifamily residential         365          

housing.                                                           366          

      (D)  The agency also shall require that the owners of        368          

multifamily residential housing, the acquisition, construction,    369          

improvements, or rehabilitation of which is financed by loans      370          

purchased by the agency, or with the proceeds of loans made by     371          

the agency pursuant to this section, demonstrate to the            372          

satisfaction of the agency that the multifamily residential        373          

housing is safe and sanitary, and the occupants of the             374          

multifamily residential housing will benefit from the savings in   375          

the cost of money to the lending institutions and the owners       376          

resulting from the loans or proceeds from them.  Determinations    377          

by the agency with respect to those matters shall be deemed        378          

conclusive.                                                        379          

      (E)  The interest rate or rates and other terms of loans     381          

made or purchased by the agency pursuant to this section with the  382          

proceeds of any issue of bonds, together with any other moneys     383          

available for the payment of the bonds and the interest on them,   384          

including reserve funds, shall be at least sufficient to assure    385          

the payment of the bonds and the interest on them as they become   386          

due.                                                               387          

      (F)  The agency may require that each lending institution    389          

receiving a loan pursuant to this section shall issue and deliver  390          

to the agency an evidence of its indebtedness to the agency which  391          

shall bear the date or dates, shall mature at the time or times,   392          

shall be subject to prepayment, and shall contain any other        393          

provisions consistent with this chapter that the agency shall      394          

determine.                                                         395          

      (G)  The agency may require that loans made pursuant to      397          

                                                          10     


                                                                 
this section shall be secured as to payment of both principal and  398          

interest by a pledge of any collateral security that the agency    399          

shall determine to be necessary to assure the payment of the       400          

loans and the interest on them as they become due.                 401          

      (H)  The agency may require that any collateral for loans    403          

made pursuant to this section be deposited with a bank, trust      404          

company, or other financial institution acceptable to the agency   405          

located in the state and designated by the agency as custodian     406          

for the collateral.  In the absence of that requirement, each      407          

lending institution shall enter into an agreement with the agency  408          

containing any provisions that the agency considers necessary to   409          

do all of the following:                                           410          

      (1)  Adequately identify and maintain the collateral;        412          

      (2)  Service the collateral;                                 414          

      (3)  Require the lending institution to hold the collateral  416          

as an agent for the agency and be accountable to the agency as     417          

the trustee of an express trust for the application and            418          

disposition of it and the income from it.                          419          

      The agency also may establish any additional requirements    421          

that it considers necessary with respect to the pledging,          422          

assigning, setting aside, or holding of collateral, the making of  423          

substitutions for it or additions to it, and the disposition of    424          

income and receipts from it.                                       425          

      (I)  The agency may require as a condition of each loan      427          

made to a lending institution pursuant to this section that the    428          

lending institution, within the period after receipt of the loan   429          

proceeds that the agency may prescribe, shall have entered into    430          

written commitments to make, and, within the period thereafter     431          

that the agency may prescribe, shall have disbursed the loan       432          

proceeds in new loans.  The new loans shall have any terms and     433          

conditions that the agency may prescribe.                          434          

      (J)  The agency may require as a condition of any loans      436          

made to, made through, or purchased from lending institutions      437          

pursuant to this section any representations and warranties that   438          

                                                          11     


                                                                 
it shall determine to be necessary to secure the loans and carry   439          

out the purpose of this chapter.                                   440          

      (K)  The agency may provide in agreements with lending       442          

institutions and in loan documents requirements applicable to the  443          

purchase of loans pursuant to this section, including, but not     444          

limited to, the following:                                         445          

      (1)  Qualifications of lending institutions from which       447          

loans may be purchased;                                            448          

      (2)  The time period within which lending institutions must  450          

make commitments for and originate loans and deliver them for      451          

purchase;                                                          452          

      (3)  The location and characteristics of multifamily         454          

residential housing to be financed by loans;                       455          

      (4)  The terms and conditions of loans to be purchased;      457          

      (5)  The amounts and types of insurance coverage required    459          

on multifamily residential housing, loans, and bonds;              460          

      (6)  The type and amount of collateral security to be        462          

provided to assure repayment of any loan or bonds.                 463          

      (L)  The agency shall require provision to be made for       465          

making available to eligible families of low and moderate income   466          

not less than that percentage of units in a multifamily            467          

residential housing project financed under this section as         468          

provided for in section 142(d) of the Internal Revenue Code, and   469          

that all of those units be made available without discrimination   470          

by reason of race, color, ancestry, national origin, religion,     471          

sex, familial status, as defined in section 4112.01 of the         472          

Revised Code, or handicap, DISABILITY as defined in that section.  474          

      (M)  Lending institutions and owners and developers are      476          

authorized to comply with requirements pursuant to this section    477          

and section 176.05 of the Revised Code notwithstanding any other   478          

restrictions in law or rules.                                      479          

      Sec. 176.04.  (A)  No municipal corporation, county, or      488          

township shall issue general obligations pursuant to section       489          

133.51 of the Revised Code or expend moneys raised by taxation to  490          

                                                          12     


                                                                 
provide, or assist in providing, housing pursuant to Section 16    491          

of Article VIII, Ohio Constitution, unless the municipal           492          

corporation, county, or township has done all of the following:    493          

      (1)  Established or designated a housing advisory board      495          

pursuant to section 176.01 of the Revised Code, or entered into    496          

an agreement pursuant to section 176.02 of the Revised Code for    497          

the service of a housing advisory board established by one or      498          

more other subdivisions;                                           499          

      (2)  At least thirty days prior to approval of it by the     501          

legislative authority of the municipal corporation, county, or     502          

township, submitted to the housing advisory board for review,      503          

comments, and recommendations, a comprehensive housing             504          

affordability strategy for the municipal corporation, county, or   505          

township developed under the "Cranston-Gonzalez National           506          

Affordable Housing Act," 104 Stat. 4079 (1990), Pub. Law NO.       508          

101-625, or other state or local comprehensive plan for the        509          

development and maintenance of affordable housing within the       510          

boundaries of the municipal corporation, county, or township.      511          

      Approval of the plan by the legislative authority may be     513          

effective for a period of one to five years.  No submission of an  514          

amended plan is required unless the submitted description of the   515          

purposes for which any part of those moneys are proposed to be     516          

applied is intended to be, or raise a reasonable concern that it   517          

might be construed to be, inconsistent with the existing plan.     518          

      (3)  Submitted to the housing advisory board a written       520          

description of the purposes to which the proceeds of the proposed  521          

general obligations or the moneys raised by taxation are proposed  522          

to be applied, and allowed at least fifteen days to elapse during  523          

which the housing advisory board may review the submitted          524          

description and advise the municipal corporation, county, or       525          

township in accordance with division (D) of this section.  For     526          

purposes of this section, the written description of the purposes  527          

to which the moneys raised by taxation are proposed to be applied  528          

may be submitted annually to the housing advisory board prior to   529          

                                                          13     


                                                                 
the adoption of the annual appropriation measure pursuant to       530          

section 5705.38 of the Revised Code.                               531          

      (B)  No municipal corporation, county, or township shall     533          

issue general obligations pursuant to section 133.51 of the        534          

Revised Code to provide, or assist in providing, housing pursuant  535          

to Section 16 of Article VIII, Ohio Constitution, unless the       536          

municipal legislative authority, the board of county               537          

commissioners, or the board of township trustees has               538          

substantially complied with each of the following requirements:    539          

      (1)  Analyzed the anticipated impact of the purposes to      541          

which the proceeds of the proposed general obligations are to be   542          

applied upon existing housing patterns in the municipal            543          

corporation, county, or township;                                  544          

      (2)  Submitted to the housing advisory board serving it a    546          

fair housing impact statement summarizing the analysis undertaken  547          

under division (B)(1) of this section and conclusions from that    548          

analysis;                                                          549          

      (3)  Submitted to the housing advisory board serving it a    551          

plan for affirmative marketing to persons, regardless of marital   552          

status, who are members of groups that may be disadvantaged by     553          

discrimination on the basis of race, religion, sex, handicap       554          

DISABILITY AS DEFINED IN SECTION 4112.01 OF THE REVISED CODE,      555          

national origin, ancestry, children, or other similar cause or     556          

who traditionally would not be expected to apply for housing at    557          

the location proposed to be benefited by the proceeds of the       558          

prosposed PROPOSED general obligations.                            559          

      (C)  No approval of a housing advisory board shall be        561          

required for issuance of general obligations pursuant to section   562          

133.51 of the Revised Code or any proposed expenditure of moneys   563          

raised by taxation to provide, or assist in providing, housing     564          

pursuant to Section 16 of Article VIII, Ohio Constitution.         565          

      (D)  The matters on which a housing advisory board shall     567          

advise the subdivisions it serves shall include the following:     568          

      (1)  The consistency of a project or program with the plan   570          

                                                          14     


                                                                 
submitted under division (A)(2) of this section;                   571          

      (2)  The extent to which any project or program to which     573          

the proceeds of the proposed general obligations or the moneys     574          

raised by taxation are proposed to be applied may displace         575          

households that consequently may need relocation assistance;       576          

      (3)  The length of time for which projects to which the      578          

proceeds of the proposed general obligations or the moneys raised  579          

by taxation are proposed to be applied will remain affordable to   580          

any targeted income group;                                         581          

      (4)  The extent to which any lending program is available,   583          

in whole or in part, from private lenders upon reasonably          584          

equivalent terms and conditions.                                   585          

      Sec. 176.06.  Each municipal corporation, county, and        594          

township shall compile and make available, in accordance with      595          

this section, to the public for inspection and copying for a       596          

period of five years the number and total dollar amount of         597          

mortgage loans that were originated, for which completed           598          

applications were received and applicants were rejected, and that  599          

were purchased by that municipal corporation, county, or township  600          

during each fiscal year.  Information regarding each of the        601          

mortgage loan categories listed above shall be itemized to         602          

clearly and conspicuously disclose the following:                  603          

      (A)  The number and dollar amount of mortgage loans insured  605          

under Title II of the "National Housing Act," 48 Stat. 1246        606          

(1934), 12 U.S.C.A. 1707 et seq., or under Title V of the          607          

"Housing Act of 1949," 63 Stat. 413, 432, 42 U.S.C.A. 1471 et      608          

seq., or guaranteed under the "Veterans' Loan Act," 58 Stat. 284   609          

(1944), 38 U.S.C.A. 1801 et seq.;                                  610          

      (B)  The number and dollar amount of mortgage loans made to  612          

mortgagors who did not, at the time of execution of the mortgage,  613          

intend to reside in the property securing the mortgage loan.;      614          

      (C)  The number and dollar amount of home improvement        617          

loans.;                                                                         

      (D)  The number and dollar amount of mortgage loans          619          

                                                          15     


                                                                 
involving mortgagors or mortgage applicants grouped according to   620          

census tract, income level, race, color, religion, sex, ancestry,  621          

handicap DISABILITY AS DEFINED IN SECTION 4112.01 OF THE REVISED   622          

CODE, and national origin.                                         623          

      The information described in this section shall be made      625          

available to the public in raw data form and updated quarterly.    626          

Within four months after the end of each fiscal year, each         627          

municipal corporation, county, and township shall submit to the    628          

president of the senate and the speaker of the house of            629          

representatives a report containing the information described in   630          

this section for the immediately preceding fiscal year.            631          

      As used in this section, "mortgage loan" has the same        633          

meaning as in section 175.01 of the Revised Code.                  634          

      Sec. 306.43.  (A)  The board of trustees of a regional       643          

transit authority or any officer or employee designated by such    644          

board may make any contract for the purchase of goods or           645          

services, the cost of which does not exceed twenty-five thousand   646          

dollars.  When an expenditure, other than for the acquisition of   647          

real estate, the discharge of claims, or the acquisition of goods  648          

or services under the circumstances described in division (H) of   649          

this section, is expected to exceed twenty-five thousand dollars,  650          

such expenditure shall be made through full and open competition   651          

by the use of competitive procedures.  The regional transit        652          

authority shall use the competitive procedure, as set forth in     653          

divisions (B), (C), (D), and (E) of this section, that is most     654          

appropriate under the circumstances of the procurement.            655          

      (B)  Competitive sealed bidding is the preferred method of   657          

procurement and a regional transit authority shall use that        658          

method if all of the following conditions exist:                   659          

      (1)  A clear, complete and adequate description of the       661          

goods, services, or work is available;                             662          

      (2)  Time permits the solicitation, submission, and          664          

evaluation of sealed bids;                                         665          

      (3)  The award will be made on the basis of price and other  667          

                                                          16     


                                                                 
price-related factors;                                             668          

      (4)  It is not necessary to conduct discussions with         670          

responding offerors about their bids;                              671          

      (5)  There is a reasonable expectation of receiving more     673          

than one sealed bid.                                               674          

      A regional transit authority shall publish a notice calling  676          

for bids once a week for no less than two consecutive weeks in at  677          

least one newspaper of general circulation within the territorial  678          

boundaries of the regional transit authority.  A regional transit  679          

authority may require that a bidder for any contract other than a  680          

construction contract provide a bid guaranty in the form,          681          

quality, and amount considered appropriate by the regional         682          

transit authority.  The board may let the contract to the lowest   683          

responsive and responsible bidder.  Where fewer than two           684          

responsive bids are received, a regional transit authority may     685          

negotiate price with the sole responsive bidder or may rescind     686          

the solicitation and procure under division (H)(2) of this         687          

section.                                                           688          

      (C)  A regional transit authority may use two-step           690          

competitive bidding, consisting of a technical proposal and a      691          

separate, subsequent sealed price bid from those submitting        692          

acceptable technical proposals, if both of the following           693          

conditions exist:                                                  694          

      (1)  A clear, complete, and adequate description of the      696          

goods, services, or work is not available, but definite criteria   697          

exist for the evaluation of technical proposals;                   698          

      (2)  It is necessary to conduct discussions with responding  700          

offerors.                                                          701          

      A regional transit authority shall publish a notice calling  703          

for technical proposals once a week for no less than two           704          

consecutive weeks in at least one newspaper of general             705          

circulation within the territorial boundaries of the regional      706          

transit authority.  A regional transit authority may require a     707          

bid guaranty in the form, quality, and amount the regional         708          

                                                          17     


                                                                 
transit authority considers appropriate.  The board may let the    709          

contract to the lowest responsive and responsible bidder.  Where   710          

fewer than two responsive and responsible bids are received, a     711          

regional transit authority may negotiate price with the sole       712          

responsive and responsible bidder or may rescind the solicitation  713          

and procure under division (H)(2) of this section.                 714          

      (D)  A regional transit authority shall make a procurement   716          

by competitive proposals if competitive sealed bidding or          717          

two-step competitive bidding is not appropriate.                   718          

      A regional transit authority shall publish a notice calling  720          

for proposals once a week for no less than two consecutive weeks   721          

in at least one newspaper of general circulation within the        722          

territorial boundaries of the regional transit authority.  A       723          

regional transit authority may require a proposal guaranty in the  724          

form, quality, and amount considered appropriate by the regional   725          

transit authority.  The board may let the contract to the          726          

proposer making the offer considered most advantageous to the      727          

authority.  Where fewer than two competent proposals are           728          

received, a regional transit authority may negotiate price and     729          

terms with the sole proposer or may rescind the solicitation and   730          

procure under division (H)(2) of this section.                     731          

      (E)(1)  A regional transit authority shall procure the       733          

services of an architect or engineer in the manner prescribed by   734          

the "Federal Mass Transportation Act of 1987," Public Law NO.      736          

100-17, section 316, 101 Stat. 227, 232-234, 49 U.S.C.A. app.      737          

1608 and the services of a construction manager in the manner      738          

prescribed by sections 9.33 to 9.332 of the Revised Code.          739          

      (2)  A regional transit authority may procure revenue        741          

rolling stock in the manner prescribed by division (B), (C), or    742          

(D) of this section.                                               743          

      (3)  All contracts for construction in excess of             745          

twenty-five thousand dollars shall be made only after the          746          

regional transit authority has published a notice calling for      747          

bids once a week for two consecutive weeks in at least one         748          

                                                          18     


                                                                 
newspaper of general circulation within the territorial            749          

boundaries of the regional transit authority.  The board may       750          

award a contract to the lowest responsive and responsible bidder.  751          

Where only one responsive and responsible bid is received, the     752          

regional transit authority may negotiate price with the sole       753          

responsive bidder or may rescind the solicitation.  The regional   754          

transit authority shall award construction contracts in            755          

accordance with sections 153.12 to 153.14 and 153.54 of the        756          

Revised Code.  Divisions (B) and (C) of this section shall not     757          

apply to the award of contracts for construction.                  758          

      (F)  All contracts involving expenditures in excess of       760          

twenty-five thousand dollars shall be in writing and shall be      761          

accompanied by or shall refer to plans and specifications for the  762          

work to be done.  The plans and specifications shall at all times  763          

be made and considered part of the contract.  For all contracts    764          

other than construction contracts, a regional transit authority    765          

may require performance, payment, or maintenance guaranties or     766          

any combination of such guaranties in the form, quality, and       767          

amount it considers appropriate.  The contract shall be approved   768          

by the board and signed on behalf of the regional transit          769          

authority and by the contractor.                                   770          

      (G)  In making a contract, a regional transit authority may  772          

give preference to goods produced in the United States in          773          

accordance with the Buy America requirements in the "Surface       774          

Transportation Assistance Act of 1982," Public Law NO. 97-424,     776          

section 165, 96 Stat. 2097, 23 U.S.C.A. 101 note, as amended, and  777          

the rules adopted thereunder.  The regional transit authority      778          

also may give preference to providers of goods produced in and     779          

services provided in labor surplus areas as defined by the United  780          

States department of labor in 41 U.S.C.A. 401 note, Executive      781          

Order No. 12073, August 16, 1978, 43 Fed. Reg. 36873, as amended.  782          

      (H)  Competitive procedures under this section are not       784          

required in any of the following circumstances:                    785          

      (1)  The board of trustees of a regional transit authority,  787          

                                                          19     


                                                                 
by a two-thirds affirmative vote of its members, determines that   788          

a real and present emergency exists under any of the following     789          

conditions, and the board enters its determination and the         790          

reasons for it in its proceedings:                                 791          

      (a)  Affecting safety, welfare, or the ability to deliver    793          

transportation services;                                           794          

      (b)  Arising out of an interruption of contracts essential   796          

to the provision of daily transit services;                        797          

      (c)  Involving actual physical damage to structures,         799          

supplies, equipment, or property.                                  800          

      (2)  The purchase consists of goods or services, or any      802          

combination thereof, and after reasonable inquiry the board or     803          

any officer or employee the board designates finds that only one   804          

source of supply is reasonably available.                          805          

      (3)  The expenditure is for a renewal or renegotiation of a  807          

lease or license for telecommunications or electronic data         808          

processing equipment, services, or systems, or for the upgrade of  809          

such equipment, services, or systems, or for the maintenance       810          

thereof as supplied by the original source or its successors or    811          

assigns.                                                           812          

      (4)  The purchase of goods or services is made from another  814          

political subdivision, public agency, public transit system,       815          

regional transit authority, the state, or the federal government,  816          

or as a third-party beneficiary under a state or federal           817          

procurement contract, or as a participant in a department of       818          

administrative services contract under division (B) of section     819          

125.04 of the Revised Code.                                        820          

      (5)  The sale and leaseback or lease and leaseback of        822          

transit facilities is made as provided in division (AA) of         824          

section 306.35 of the Revised Code.                                825          

      (6)  The purchase substantially involves services of a       827          

personal, professional, highly technical, or scientific nature,    828          

including but not limited to the services of an attorney,          829          

physician, surveyor, appraiser, investigator, court reporter,      830          

                                                          20     


                                                                 
adjuster, advertising consultant, or licensed broker, or involves  831          

the special skills or proprietary knowledge required for the       832          

servicing of specialized equipment owned by the regional transit   833          

authority.                                                         834          

      (7)  Services or supplies are available from a qualified     836          

nonprofit agency pursuant to sections 4115.31 to 4115.35 of the    837          

Revised Code.                                                      838          

      (8)  The purchase consists of the product or services of a   840          

public utility.                                                    841          

      (9)  The purchase is for the services of individuals with    844          

handicaps DISABILITIES to work in the authority's commissaries or  845          

cafeterias, and those individuals are supplied by a nonprofit      846          

corporation or association whose purpose is to assist individuals  848          

with handicaps DISABILITIES, whether or not that organization      851          

CORPORATION or association is funded entirely or in part by the    852          

federal government, or the purchase is for services provided by a  854          

nonprofit corporation or association whose purpose is to assist    855          

individuals with handicaps DISABILITIES, whether or not that       856          

organization CORPORATION or association is funded entirely or in   858          

part by the federal government.  For purposes of division          859          

(G)(H)(9) of this section, "handicap DISABILITY" has the same      860          

meaning as in section 4112.01 of the Revised Code.                              

      (I)  A regional transit authority may enter into blanket     862          

purchase agreements for purchases of maintenance, operating, or    863          

repair goods or services where the item cost does not exceed five  864          

hundred dollars and the annual expenditure does not exceed         865          

twenty-five thousand dollars.                                      866          

      (J)  Nothing contained in this section prohibits a regional  868          

transit authority from participating in intergovernmental          869          

cooperative purchasing arrangements.                               870          

      (K)  Except as otherwise provided in this chapter, a         872          

regional transit authority shall make a sale or other disposition  873          

of property through full and open competition.  Except as          874          

provided in division (L) of this section, all dispositions of      875          

                                                          21     


                                                                 
personal property and all grants of real property for terms        876          

exceeding five years shall be made by public auction or            877          

competitive procedure.                                             878          

      (L)  The competitive procedures required by division (K) of  880          

this section are not required in any of the following              881          

circumstances:                                                     882          

      (1)  The grant is a component of a joint development         884          

between public and private entities and is intended to enhance or  885          

benefit public transit.                                            886          

      (2)  The grant of a limited use or of a license affecting    888          

land is made to an owner of abutting real property.                889          

      (3)  The grant of a limited use is made to a public          891          

utility.                                                           892          

      (4)  The grant or disposition is to a department of the      894          

federal or state government, to a political subdivision of the     895          

state, or to any other governmental entity.                        896          

      (5)  Used equipment is traded on the purchase of equipment   898          

and the value of the used equipment is a price-related factor in   899          

the basis for award for the purchase.                              900          

      (6)  The value of the personal property is such that         902          

competitive procedures are not appropriate and the property        903          

either is sold at its fair market value or is disposed of by gift  904          

to a nonprofit entity having the general welfare or education of   905          

the public as one of its principal objects.                        906          

      (M)  The board of trustees of a regional transit authority,  908          

when making a contract funded exclusively by state or local        909          

moneys or any combination thereof, shall make a good faith effort  910          

to use disadvantaged business enterprise participation to the      911          

same extent required under Section 105(f) of the "Surface          912          

Transportation Assistance Act of 1982," Public Law 97-424, 96      913          

Stat. 2100, and Section 106(c) of the "Surface Transportation and  914          

Uniform Relocation Assistance Act of 1987," Public Law 100-17,     915          

101 Stat. 145, and the rules adopted thereunder.                   916          

      (N)  As used in this section:                                918          

                                                          22     


                                                                 
      (1)  "Goods" means all things, including specially           920          

manufactured goods, that are movable at the time of                921          

identification to the contract for sale other than the money in    922          

which the price is to be paid, investment securities, and things   923          

in action.  "Goods" also includes other identified things          924          

attached to realty as described in section 1302.03 of the Revised  925          

Code.                                                              926          

      (2)  "Services" means the furnishing of labor, time, or      928          

effort by a contractor, not involving the delivery of goods or     929          

reports other than goods or reports that are merely incidental to  930          

the required performance, including but not limited to insurance,  931          

bonding, or routine operation, routine repair, or routine          932          

maintenance of existing structures, buildings, real property, or   933          

equipment, but does not include employment agreements, collective  934          

bargaining agreements, or personal services.                       935          

      (3)  "Construction" means the process of building,           937          

altering, repairing, improving, painting, decorating, or           938          

demolishing any structure or building, or other improvements of    939          

any kind to any real property owned or leased by a regional        940          

transit authority.                                                 941          

      (4)  "Full and open competition" has the same meaning as in  943          

the "Office of Federal Procurement Policy Act," Public Law NO.     945          

98-369, section 2731, 98 Stat. 1195 (1984), 41 U.S.C.A. 403.       946          

      (5)  A bidder is "responsive" if, applying the criteria of   948          

division (A) of section 9.312 of the Revised Code, the bidder is   949          

"responsive" as described in that section.                         950          

      (6)  A bidder is "responsible" if, applying the criteria of  952          

division (A) of section 9.312 of the Revised Code and of the       953          

"Office of Federal Procurement Policy Act," Public Law NO.         955          

98-369, section 2731, 98 Stat. 1195 (1984), 41 U.S.C.A. 403, the   956          

bidder is "responsible" as described in those sections.            957          

      Sec. 717.01.  Each municipal corporation may do any of the   966          

following:                                                         967          

      (A)  Acquire by purchase or condemnation real estate with    969          

                                                          23     


                                                                 
or without buildings on it, and easements or interests in real     970          

estate;                                                            971          

      (B)  Extend, enlarge, reconstruct, repair, equip, furnish,   973          

or improve a building or improvement that it is authorized to      974          

acquire or construct;                                              975          

      (C)  Erect a crematory or provide other means for disposing  977          

of garbage or refuse, and erect public comfort stations;           978          

      (D)  Purchase turnpike roads and make them free;             980          

      (E)  Construct wharves and landings on navigable waters;     982          

      (F)  Construct infirmaries, workhouses, prisons, police      984          

stations, houses of refuge and correction, market houses, public   985          

halls, public offices, municipal garages, repair shops, storage    986          

houses, and warehouses;                                            987          

      (G)  Construct or acquire waterworks for supplying water to  989          

the municipal corporation and its inhabitants and extend the       990          

waterworks system outside of the municipal corporation limits;     991          

      (H)  Construct or purchase gas works or works for the        993          

generation and transmission of electricity, for the supplying of   994          

gas or electricity to the municipal corporation and its            995          

inhabitants;                                                       996          

      (I)  Provide grounds for cemeteries or crematories, enclose  998          

and embellish them, and construct vaults or crematories;           999          

      (J)  Construct sewers, sewage disposal works, flushing       1,001        

tunnels, drains, and ditches;                                      1,002        

      (K)  Construct free public libraries and reading rooms, and  1,004        

free recreation centers;                                           1,005        

      (L)  Establish free public baths and municipal lodging       1,007        

houses;                                                            1,008        

      (M)  Construct monuments or memorial buildings to            1,010        

commemorate the services of soldiers, sailors, and marines of the  1,011        

state and nation;                                                  1,012        

      (N)  Provide land for and improve parks, boulevards, and     1,014        

public playgrounds;                                                1,015        

      (O)  Construct hospitals and pesthouses;                     1,017        

                                                          24     


                                                                 
      (P)  Open, construct, widen, extend, improve, resurface, or  1,019        

change the line of any street or public highway;                   1,020        

      (Q)  Construct and improve levees, dams, waterways,          1,022        

waterfronts, and embankments and improve any watercourse passing   1,023        

through the municipal corporation;                                 1,024        

      (R)  Construct or improve viaducts, bridges, and culverts;   1,026        

      (S)(1)  Construct any building necessary for the police or   1,028        

fire department;                                                   1,029        

      (2)  Purchase fire engines or fire boats;                    1,031        

      (3)  Construct water towers or fire cisterns;                1,033        

      (4)  Place underground the wires or signal apparatus of any  1,035        

police or fire department;.                                        1,036        

      (T)  Construct any municipal ice plant for the purpose of    1,038        

manufacturing ice for the citizens of a municipal corporation;     1,039        

      (U)  Construct subways under any street or boulevard or      1,041        

elsewhere;                                                         1,042        

      (V)  Acquire by purchase, gift, devise, bequest, lease,      1,044        

condemnation proceedings, or otherwise, real or personal           1,045        

property, and thereon and thereof to establish, construct,         1,046        

enlarge, improve, equip, maintain, and operate airports, landing   1,047        

fields, or other air navigation facilities, either within or       1,048        

outside the limits of a municipal corporation, and acquire by      1,049        

purchase, gift, devise, lease, or condemnation proceedings         1,050        

rights-of-way for connections with highways, waterways, and        1,051        

electric, steam, and interurban railroads, and improve and equip   1,052        

such facilities with structures necessary or appropriate for such  1,053        

purposes.  No municipal corporation may take or disturb property   1,054        

or facilities belonging to any public utility or to a common       1,055        

carrier engaged in interstate commerce, which property or          1,056        

facilities are required for the proper and convenient operation    1,057        

of the utility or carrier, unless provision is made for the        1,058        

restoration, relocation, or duplication of the property or         1,059        

facilities elsewhere at the sole cost of the municipal             1,060        

corporation.                                                       1,061        

                                                          25     


                                                                 
      (W)  Provide by agreement with any regional airport          1,063        

authority, created under section 308.03 of the Revised Code, for   1,064        

the making of necessary surveys, appraisals, and examinations      1,065        

preliminary to the acquisition or construction of any airport or   1,066        

airport facility and pay the portion of the expense of the         1,067        

surveys, appraisals, and examinations as set forth in the          1,068        

agreement;                                                         1,069        

      (X)  Provide by agreement with any regional airport          1,071        

authority, created under section 308.03 of the Revised Code, for   1,072        

the acquisition, construction, maintenance, or operation of any    1,073        

airport or airport facility owned or to be owned and operated by   1,074        

the regional airport authority or owned or to be owned and         1,075        

operated by the municipal corporation and pay the portion of the   1,076        

expense of it as set forth in the agreement;                       1,077        

      (Y)  Acquire by gift, purchase, lease, or condemnation,      1,079        

land, forest, and water rights necessary for conservation of       1,080        

forest reserves, water parks, or reservoirs, either within or      1,081        

without the limits of the municipal corporation, and improve and   1,082        

equip the forest and water parks with structures, equipment, and   1,083        

reforestation necessary or appropriate for any purpose for the     1,084        

utilization of any of the forest and water benefits that may       1,085        

properly accrue therefrom to the municipal corporation;            1,086        

      (Z)  Acquire real property by purchase, gift, or devise and  1,088        

construct and maintain on it public swimming pools, either within  1,089        

or outside the limits of the municipal corporation;                1,090        

      (AA)  Construct or rehabilitate, equip, maintain, operate,   1,092        

and lease facilities for housing of elderly persons and for        1,093        

persons of low and moderate income, and appurtenant facilities.    1,094        

No municipal corporation shall deny housing accommodations to or   1,095        

withhold housing accommodations from elderly persons or persons    1,096        

of low and moderate income because of race, color, religion, sex,  1,097        

familial status, as defined in section 4112.01 of the Revised      1,098        

Code, handicap, DISABILITY as defined in that section, ancestry,   1,100        

or national origin.  Any elderly person or person of low or        1,101        

                                                          26     


                                                                 
moderate income who is denied housing accommodations or has them   1,102        

withheld by a municipal corporation because of race, color,        1,103        

religion, sex, familial status, as defined in section 4112.01 of   1,104        

the Revised Code, handicap, DISABILITY as defined in that          1,105        

section, ancestry, or national origin may file a charge with the   1,107        

Ohio civil rights commission as provided in Chapter 4112. of the   1,108        

Revised Code.                                                                   

      (BB)  Acquire, rehabilitate, and develop rail property or    1,110        

rail service, and enter into agreements with the Ohio rail         1,112        

development commission, boards of county commissioners, boards of               

township trustees, legislative authorities of other municipal      1,113        

corporations, with other governmental agencies or organizations,   1,114        

and with private agencies or organizations in order to achieve     1,115        

those purposes;                                                    1,116        

      (CC)  Appropriate and contribute money to a soil and water   1,118        

conservation district for use under Chapter 1515. of the Revised   1,119        

Code;                                                              1,120        

      (DD)  Authorize the board of county commissioners, pursuant  1,122        

to a contract authorizing the action, to contract on the           1,123        

municipal corporation's behalf for the administration and          1,124        

enforcement within its jurisdiction of the state building code by  1,125        

another county or another municipal corporation located within or  1,126        

outside the county.  The contract for administration and           1,127        

enforcement shall provide for obtaining certification pursuant to  1,128        

division (E) of section 3781.10 of the Revised Code for the        1,129        

exercise of administration and enforcement authority within the    1,130        

municipal corporation seeking those services and shall specify     1,131        

which political subdivision is responsible for securing that       1,132        

certification.                                                     1,133        

      (EE)  Expend money for providing and maintaining services    1,135        

and facilities for senior citizens.                                1,136        

      "Airport," "landing field," and "air navigation facility,"   1,138        

as defined in section 4561.01 of the Revised Code, apply to        1,139        

division (V) of this section.                                      1,140        

                                                          27     


                                                                 
      As used in divisions (W) and (X) of this section, "airport"  1,142        

and "airport facility" have the same meanings as in section        1,143        

308.01 of the Revised Code.                                        1,144        

      As used in division (BB) of this section, "rail property"    1,146        

and "rail service" have the same meanings as in section 4981.01    1,147        

of the Revised Code.                                               1,148        

      Sec. 1501.012.  (A)  The director of natural resources may   1,157        

lease lands in state parks, as defined in section 1501.07 of the   1,158        

Revised Code, and contract for the construction and operation of   1,159        

public service facilities, as mentioned in that section, and for   1,160        

major renovation or remodeling of existing public service          1,161        

facilities by the lessees on those lands.  If the director         1,162        

determines that doing so would be consistent with long-range       1,163        

planning of the department of natural resources and in the best    1,164        

interests of the department and the division of parks and          1,165        

recreation in the department, the director shall negotiate and     1,167        

execute a lease and contract for those purposes in accordance      1,168        

with this chapter except as otherwise provided in this section.    1,169        

      (B)  With the approval of the recreation and resources       1,171        

council created under section 1501.04 of the Revised Code, the     1,173        

director shall draft a statement of intent describing any public   1,174        

service facility that the department wishes to have constructed    1,175        

in accordance with this section and establishing a procedure for   1,176        

the submission of proposals for providing the facility,            1,177        

including, without limitation BUT NOT LIMITED TO, a requirement    1,178        

that each prospective bidder or lessee of land shall submit with   1,180        

the proposal a completed questionnaire and financial statement,    1,181        

on forms prescribed and furnished by the department, to enable     1,182        

the department to ascertain the person's financial worth and       1,183        

experience in maintaining and operating facilities similar or      1,184        

related to the public service facility in question.  The           1,185        

completed questionnaire and financial statement shall be verified  1,186        

under oath by the prospective bidder or lessee.  Questionnaires    1,187        

and financial statements submitted under this division are         1,188        

                                                          28     


                                                                 
confidential and are not open to public inspection.  Nothing in    1,189        

this division shall be construed to prevent use of or reference    1,190        

to questionnaires and financial statements in a civil action or    1,191        

criminal prosecution commenced by the state.                       1,192        

      The director shall publish the statement of intent in at     1,194        

least three daily newspapers of general circulation in the state   1,195        

at least once each week for four consecutive weeks.  The director  1,197        

shall then SHALL accept proposals in response to the statement of  1,198        

intent for at least thirty days following the final publication    1,200        

of the statement.  At the end of the period during which           1,201        

proposals may be submitted under this division, the director       1,202        

shall select the proposal that the director determines best        1,203        

complies with the statement of intent and may negotiate a lease    1,204        

and contract with the person that submitted that proposal.         1,205        

      (C)  Any lease and contract negotiated under this section    1,207        

shall include in its terms and conditions ALL OF THE FOLLOWING:    1,208        

      (1)  The legal description of the leasehold;                 1,210        

      (2)  The duration of the lease and contract, which shall     1,212        

not exceed forty years, and a requirement that the lease and       1,213        

contract be nonrenewable;                                          1,214        

      (3)  A requirement that the lessee maintain in full force    1,216        

and effect during the term of the lease and contract               1,217        

comprehensive liability insurance for injury, death, or loss to    1,218        

persons or property and fire casualty insurance for the public     1,219        

service facility and all its structures in an amount established   1,220        

by the director and naming the department as an additional         1,221        

insured;                                                           1,222        

      (4)  A requirement that the lessee maintain in full force    1,224        

and effect suitable performance bonds or other adequate security   1,225        

pertaining to the construction and operation of the public         1,226        

service facility;                                                  1,227        

      (5)  Detailed plans and specifications controlling the       1,229        

construction of the public service facility that shall include     1,230        

ALL OF THE FOLLOWING:                                              1,231        

                                                          29     


                                                                 
      (a)  The size and capacity of the facility;                  1,233        

      (b)  The type and quality of construction;                   1,235        

      (c)  Such other OTHER criteria as THAT the department        1,238        

considers necessary and advisable.                                 1,239        

      (6)  The manner of rental payment;                           1,241        

      (7)  A stipulation that the director shall have control and  1,243        

supervision over ALL OF THE FOLLOWING:                             1,244        

      (a)  The operating season of the public service facility;    1,246        

      (b)  The facility's hours of operation;                      1,248        

      (c)  The maximum rates to be charged guests using the        1,250        

facility;                                                          1,251        

      (d)  The facility's sanitary conditions;                     1,253        

      (e)  The quality of food and service furnished the guests    1,255        

of the facility;                                                   1,256        

      (f)  The lessee's general and structural maintenance         1,258        

responsibilities at the facility.                                  1,259        

      (8)  The disposition of the leasehold and improvements at    1,261        

the expiration of the lease and contract;                          1,262        

      (9)  A requirement that the public service facility be       1,264        

available to all members of the public without regard to sex,      1,265        

race, color, creed, ancestry, national origin, or handicap         1,266        

DISABILITY AS DEFINED IN SECTION 4112.01 OF THE REVISED CODE;      1,268        

      (10)  Such other OTHER terms and conditions as THAT the      1,271        

director considers necessary and advisable to carry out the        1,272        

purposes of this section.                                          1,273        

      (D)  The attorney general shall approve the form of the      1,275        

lease and contract prior to its execution by the director.         1,276        

      (E)  The authority granted in this section to the director   1,278        

is in addition and supplemental to any other authority granted     1,279        

the director under state law.                                      1,280        

      Sec. 2927.03.  (A)  No person, whether or not acting under   1,289        

color of law, shall by force or threat of force willfully injure,  1,290        

intimidate, or interfere with, or attempt to injure, intimidate,   1,291        

or interfere with, any of the following:                           1,292        

                                                          30     


                                                                 
      (1)  Any person because of race, color, religion, sex,       1,294        

familial status, as defined in section 4112.01 of the Revised      1,295        

Code, national origin, handicap, DISABILITY as defined in that     1,296        

section, or ancestry and because that person is or has been        1,298        

selling, purchasing, renting, financing, occupying, contracting,   1,299        

or negotiating for the sale, purchase, rental, financing, or       1,300        

occupation of any housing accommodations, or applying for or       1,301        

participating in any service, organization, or facility relating   1,302        

to the business of selling or renting housing accommodations;      1,303        

      (2)  Any person because that person is or has been DOING,    1,305        

or in order to intimidate that person or any other person or any   1,306        

class of persons from doing, either of the following:              1,307        

      (a)  Participating, without discrimination on account of     1,309        

race, color, religion, sex, familial status, as defined in         1,310        

section 4112.01 of the Revised Code, national origin, handicap,    1,311        

DISABILITY as defined in that section, or ancestry, in any of the  1,313        

activities, services, organizations, or facilities described in    1,314        

division (A)(1) of this section;                                   1,315        

      (b)  Affording another person or class of persons            1,317        

opportunity or protection so to participate.                       1,318        

      (3)  Any person because that person is or has been, or in    1,320        

order to discourage that person or any other person from,          1,321        

lawfully aiding or encouraging other persons to participate,       1,322        

without discrimination on account of race, color, religion, sex,   1,323        

familial status, as defined in section 4112.01 of the Revised      1,324        

Code, national origin, handicap, DISABILITY as defined in that     1,325        

section, or ancestry, in any of the activities, services,          1,327        

organizations, or facilities described in division (A)(1) of this  1,328        

section, or participating lawfully in speech or peaceful assembly  1,329        

opposing any denial of the opportunity to so participate.          1,330        

      (B)  Whoever violates division (A) of this section is        1,332        

guilty of a misdemeanor of the first degree.                       1,333        

      Sec. 3781.111.  (A)  In addition to the powers conferred by  1,342        

any other section of the Revised Code, the board of building       1,343        

                                                          31     


                                                                 
standards shall adopt standards and rules to facilitate the        1,344        

reasonable access and use by all handicapped persons WITH A        1,345        

DISABILITY of all buildings and the facilities of buildings for    1,347        

which plans are submitted for approval under section 3791.04 of    1,348        

the Revised Code. No standard or rule shall be applied to any      1,349        

building the plans or drawings, specifications, and date of which  1,350        

have been approved prior to the time that the standard or rule     1,351        

takes effect.                                                                   

      (B)  Except as otherwise provided in this section, the       1,353        

standards and rules adopted by the board pursuant to this section  1,354        

shall be in accordance with THE "The Americans With WITH           1,355        

Disabilities Act of 1990," 104 Stat. 327, 42 U.S.C.A. 12101, as    1,357        

amended, and THE "The Fair Housing Amendments ACT of 1988," 102    1,358        

Stat. 1619, 42 U.S.C.A. 3601, as amended.                          1,359        

      (C)  All signs posted to designate special parking           1,361        

locations for handicapped persons WITH A DISABILITY and persons    1,362        

with disabilities that limit or impair the ability to walk in      1,364        

accordance with division (E) of section 4511.69 of the Revised     1,365        

Code and the standards and rules adopted pursuant to this section  1,366        

shall be mounted on a fixed or movable post or otherwise affixed   1,367        

in a vertical position at a height so that the sign is clearly     1,368        

visible to the driver of a vehicle when parked in such a           1,369        

location.                                                                       

      (D)  As used in this section, "handicapped person            1,371        

DISABILITY" has the same meaning as in section 4112.01 of the      1,373        

Revised Code.  As used in division (C) of this section, "persons   1,374        

with disabilities that limit or impair the ability to walk" has    1,375        

the same meaning as in division (A)(1) of section 4503.44 of the   1,376        

Revised Code.                                                                   

      (E)  No owner of a building or facility where special        1,378        

parking locations for handicapped persons WITH A DISABILITY must   1,379        

be designated in accordance with the standards and rules adopted   1,381        

pursuant to this section shall fail to properly mark the special   1,382        

parking locations as required by those standards and rules or      1,383        

                                                          32     


                                                                 
fail to maintain the markings of the special parking locations,    1,384        

including the erection and maintenance of the fixed or movable     1,385        

signs.                                                                          

      Sec. 4112.01.  (A)  As used in this chapter:                 1,394        

      (1)  "Person" includes one or more individuals,              1,396        

partnerships, associations, organizations, corporations, legal     1,397        

representatives, trustees, trustees in bankruptcy, receivers, and  1,398        

other organized groups of persons.  "Person" also includes, but    1,399        

is not limited to, any owner, lessor, assignor, builder, manager,  1,400        

broker, salesman SALESPERSON, appraiser, agent, employee, lending  1,402        

institution, and the state and all political subdivisions,         1,403        

authorities, agencies, boards, and commissions of the state.       1,404        

      (2)  "Employer" includes the state, any political            1,406        

subdivision of the state, any person employing four or more        1,407        

persons within the state, and any person acting directly or        1,408        

indirectly in the interest of an employer.                         1,409        

      (3)  "Employee" means an individual employed by any          1,411        

employer but does not include any individual employed in the       1,412        

domestic service of any person.                                    1,413        

      (4)  "Labor organization" includes any organization that     1,415        

exists, in whole or in part, for the purpose of collective         1,416        

bargaining or of dealing with employers concerning grievances,     1,417        

terms or conditions of employment, or other mutual aid or          1,418        

protection in relation to employment.                              1,419        

      (5)  "Employment agency" includes any person regularly       1,421        

undertaking, with or without compensation, to procure              1,422        

opportunities to work or to procure, recruit, refer, or place      1,423        

employees.                                                         1,424        

      (6)  "Commission" means the Ohio civil rights commission     1,426        

created by section 4112.03 of the Revised Code.                    1,427        

      (7)  "Discriminate" includes segregate or separate.          1,429        

      (8)  "Unlawful discriminatory practice" means any act        1,431        

prohibited by section 4112.02, 4112.021, or 4112.022 of the        1,432        

Revised Code.                                                      1,433        

                                                          33     


                                                                 
      (9)  "Place of public accommodation" means any inn,          1,435        

restaurant, eating house, barbershop, public conveyance by air,    1,436        

land, or water, theater, store, other place for the sale of        1,437        

merchandise, or any other place of public accommodation or         1,438        

amusement of which the accommodations, advantages, facilities, or  1,439        

privileges are available to the public.                            1,440        

      (10)  "Housing accommodations" includes any building or      1,442        

structure, or portion of a building or structure, that is used or  1,443        

occupied or is intended, arranged, or designed to be used or       1,444        

occupied as the home residence, dwelling, dwelling unit, or        1,445        

sleeping place of one or more individuals, groups, or families     1,446        

whether or not living independently of each other; and any vacant  1,447        

land offered for sale or lease.  "Housing accommodations" also     1,448        

includes any housing accommodations held or offered for sale or    1,449        

rent by a real estate broker, salesman SALESPERSON, or agent, by   1,450        

any other person pursuant to authorization of the owner, by the    1,452        

owner, or by the owner's legal representative.                     1,453        

      (11)  "Restrictive covenant" means any specification         1,455        

limiting the transfer, rental, lease, or other use of any housing  1,456        

accommodations because of race, color, religion, sex, familial     1,457        

status, national origin, handicap DISABILITY, or ancestry, or any  1,459        

limitation based upon affiliation with or approval by any person,  1,460        

directly or indirectly, employing race, color, religion, sex,      1,461        

familial status, national origin, handicap DISABILITY, or          1,462        

ancestry as a condition of affiliation or approval.                1,464        

      (12)  "Burial lot" means any lot for the burial of deceased  1,466        

persons within any public burial ground or cemetery, including,    1,467        

but not limited to, cemeteries owned and operated by municipal     1,468        

corporations, townships, or companies or associations              1,469        

incorporated for cemetery purposes.                                1,470        

      (13)  "Handicap DISABILITY" means a physical or mental       1,472        

impairment that substantially limits one or more major life        1,475        

activities, including the functions of caring for one's self,      1,476        

performing manual tasks, walking, seeing, hearing, speaking,       1,477        

                                                          34     


                                                                 
breathing, learning, and working; a record of a physical or        1,478        

mental impairment; or being regarded as having a physical or       1,479        

mental impairment.                                                              

      (14)  Except as otherwise provided in section 4112.021 of    1,481        

the Revised Code, "age" means at least forty years old.            1,482        

      (15)  "Familial status" means either of the following:       1,484        

      (a)  One or more individuals who are under eighteen years    1,486        

of age and who are domiciled with a parent or guardian having      1,487        

legal custody of the individual or domiciled, with the written     1,488        

permission of the parent or guardian having legal custody, with a  1,489        

designee of the parent or guardian;                                1,490        

      (b)  Any person who is pregnant or in the process of         1,492        

securing legal custody of any individual who is under eighteen     1,493        

years of age.                                                      1,494        

      (16)(a)  Except as provided in division (A)(16)(b) of this   1,496        

section, "physical or mental impairment" includes any of the       1,497        

following:                                                         1,498        

      (i)  Any physiological disorder or condition, cosmetic       1,500        

disfigurement, or anatomical loss affecting one or more of the     1,501        

following body systems: neurological; musculoskeletal; special     1,502        

sense organs; respiratory, including speech organs;                1,503        

cardiovascular; reproductive; digestive; genito-urinary; hemic     1,504        

and lymphatic; skin; and endocrine;                                1,505        

      (ii)  Any mental or psychological disorder, including, but   1,507        

not limited to, mental retardation, organic brain syndrome,        1,508        

emotional or mental illness, and specific learning disabilities;   1,509        

      (iii)  Diseases and conditions, including, but not limited   1,511        

to, orthopedic, visual, speech, and hearing impairments, cerebral  1,512        

palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis,   1,513        

cancer, heart disease, diabetes, human immunodeficiency virus      1,514        

infection, mental retardation, emotional illness, drug addiction,  1,515        

and alcoholism.                                                    1,516        

      (b)  "Physical or mental impairment" does not include any    1,518        

of the following:                                                  1,519        

                                                          35     


                                                                 
      (i)  Homosexuality and bisexuality;                          1,521        

      (ii)  Transvestism, transsexualism, pedophilia,              1,523        

exhibitionism, voyeurism, gender identity disorders not resulting  1,524        

from physical impairments, or other sexual behavior disorders;     1,525        

      (iii)  Compulsive gambling, kleptomania, or pyromania;       1,527        

      (iv)  Psychoactive substance use disorders resulting from    1,529        

current illegal use of a controlled substance.                     1,530        

      (17)  "Dwelling unit" means a single unit of residence for   1,532        

a family of one or more persons.                                   1,533        

      (18)  "Common use areas" means rooms, spaces, or elements    1,535        

inside or outside a building that are made available for the use   1,536        

of residents of the building or their guests, and includes, but    1,537        

is not limited to, hallways, lounges, lobbies, laundry rooms,      1,538        

refuse rooms, mail rooms, recreational areas, and passageways      1,539        

among and between buildings.                                       1,540        

      (19)  "Public use areas" means interior or exterior rooms    1,542        

or spaces of a privately or publicly owned building that are made  1,543        

available to the general public.                                   1,544        

      (20)  "Controlled substance" has the same meaning as in      1,546        

section 3719.01 of the Revised Code.                               1,547        

      (21)  "Handicapped person" means a person with a handicap.   1,549        

      (22)  "Handicapped DISABLED tenant" means a tenant or        1,551        

prospective tenant who is a handicapped person WITH A DISABILITY.  1,553        

      (B)  For the purposes of divisions (A) to (F) of section     1,555        

4112.02 of the Revised Code, the terms "because of sex" and "on    1,556        

the basis of sex" include, but are not limited to, because of or   1,557        

on the basis of pregnancy, any illness arising out of and          1,558        

occurring during the course of a pregnancy, childbirth, or         1,559        

related medical conditions.  Women affected by pregnancy,          1,560        

childbirth, or related medical conditions shall be treated the     1,561        

same for all employment-related purposes, including receipt of     1,562        

benefits under fringe benefit programs, as other persons not so    1,563        

affected but similar in their ability or inability to work, and    1,564        

nothing in division (B) of section 4111.17 of the Revised Code     1,565        

                                                          36     


                                                                 
shall be interpreted to permit otherwise.  This division shall     1,566        

not be construed to require an employer to pay for health          1,567        

insurance benefits for abortion, except where the life of the      1,568        

mother would be endangered if the fetus were carried to term or    1,569        

except where medical complications have arisen from the abortion,  1,570        

provided that nothing in this division precludes an employer from  1,571        

providing abortion benefits or otherwise affects bargaining        1,572        

agreements in regard to abortion.                                  1,573        

      Sec. 4112.02.  It shall be an unlawful discriminatory        1,582        

practice:                                                                       

      (A)  For any employer, because of the race, color,           1,584        

religion, sex, national origin, handicap DISABILITY, age, or       1,585        

ancestry of any person, to discharge without just cause, to        1,587        

refuse to hire, or otherwise to discriminate against that person   1,588        

with respect to hire, tenure, terms, conditions, or privileges of  1,589        

employment, or any matter directly or indirectly related to        1,590        

employment.                                                                     

      (B)  For an employment agency or personnel placement         1,592        

service, because of race, color, religion, sex, national origin,   1,593        

handicap DISABILITY, age, or ancestry, to do any of the            1,594        

following:                                                         1,595        

      (1)  Refuse or fail to accept, register, classify properly,  1,597        

or refer for employment, or otherwise discriminate against any     1,598        

person;                                                            1,599        

      (2)  Comply with a request from an employer for referral of  1,601        

applicants for employment if the request directly or indirectly    1,602        

indicates that the employer fails to comply with the provisions    1,603        

of sections 4112.01 to 4112.07 of the Revised Code.                1,604        

      (C)  For any labor organization to do any of the following:  1,606        

      (1)  Limit or classify its membership on the basis of race,  1,608        

color, religion, sex, national origin, handicap DISABILITY, age,   1,609        

or ancestry;                                                       1,611        

      (2)  Discriminate against, limit the employment              1,613        

opportunities of, or otherwise adversely affect the employment     1,614        

                                                          37     


                                                                 
status, wages, hours, or employment conditions of any person as    1,615        

an employee because of race, color, religion, sex, national        1,616        

origin, handicap DISABILITY, age, or ancestry.                     1,617        

      (D)  For any employer, labor organization, or joint          1,619        

labor-management committee controlling apprentice training         1,620        

programs to discriminate against any person because of race,       1,621        

color, religion, sex, national origin, handicap DISABILITY, or     1,622        

ancestry in admission to, or employment in, any program            1,624        

established to provide apprentice training.                        1,625        

      (E)  Except where based on a bona fide occupational          1,627        

qualification certified in advance by the commission, for any      1,628        

employer, employment agency, personnel placement service, or       1,629        

labor organization, prior to employment or admission to            1,630        

membership, to do any of the following:                            1,631        

      (1)  Elicit or attempt to elicit any information concerning  1,633        

the race, color, religion, sex, national origin, handicap          1,634        

DISABILITY, age, or ancestry of an applicant for employment or     1,636        

membership;                                                                     

      (2)  Make or keep a record of the race, color, religion,     1,638        

sex, national origin, handicap DISABILITY, age, or ancestry of     1,639        

any applicant for employment or membership;                        1,641        

      (3)  Use any form of application for employment, or          1,643        

personnel or membership blank, seeking to elicit information       1,644        

regarding race, color, religion, sex, national origin, handicap    1,645        

DISABILITY, age, or ancestry; but an employer holding a contract   1,647        

containing a nondiscrimination clause with the government of the   1,648        

United States, or any department or agency of that government,     1,649        

may require an employee or applicant for employment to furnish     1,650        

documentary proof of United States citizenship and may retain      1,651        

that proof in the employer's personnel records and may use         1,652        

photographic or fingerprint identification for security purposes;  1,653        

      (4)  Print or publish or cause to be printed or published    1,655        

any notice or advertisement relating to employment or membership   1,656        

indicating any preference, limitation, specification, or           1,657        

                                                          38     


                                                                 
discrimination, based upon race, color, religion, sex, national    1,658        

origin, handicap DISABILITY, age, or ancestry;                     1,659        

      (5)  Announce or follow a policy of denying or limiting,     1,661        

through a quota system or otherwise, employment or membership      1,662        

opportunities of any group because of the race, color, religion,   1,663        

sex, national origin, handicap DISABILITY, age, or ancestry of     1,664        

that group;                                                        1,665        

      (6)  Utilize in the recruitment or hiring of persons any     1,667        

employment agency, personnel placement service, training school    1,668        

or center, labor organization, or any other employee-referring     1,669        

source known to discriminate against persons because of their      1,670        

race, color, religion, sex, national origin, handicap DISABILITY,  1,672        

age, or ancestry.                                                  1,673        

      (F)  For any person seeking employment to publish or cause   1,675        

to be published any advertisement that specifies or in any manner  1,676        

indicates that person's race, color, religion, sex, national       1,677        

origin, handicap DISABILITY, age, or ancestry, or expresses a      1,678        

limitation or preference as to the race, color, religion, sex,     1,680        

national origin, handicap DISABILITY, age, or ancestry of any      1,681        

prospective employer.                                              1,682        

      (G)  For any proprietor or any employee, keeper, or manager  1,684        

of a place of public accommodation to deny to any person, except   1,685        

for reasons applicable alike to all persons regardless of race,    1,686        

color, religion, sex, national origin, handicap DISABILITY, age,   1,687        

or ancestry, the full enjoyment of the accommodations,             1,689        

advantages, facilities, or privileges of the place of public       1,690        

accommodation.                                                                  

      (H)  For any person to do any of the following:              1,692        

      (1)  Refuse to sell, transfer, assign, rent, lease,          1,694        

sublease, or finance housing accommodations, refuse to negotiate   1,695        

for the sale or rental of housing accommodations, or otherwise     1,696        

deny or make unavailable housing accommodations because of race,   1,697        

color, religion, sex, familial status, ancestry, handicap          1,698        

DISABILITY, or national origin;                                    1,700        

                                                          39     


                                                                 
      (2)  Represent to any person that housing accommodations     1,702        

are not available for inspection, sale, or rental, when in fact    1,703        

they are available, because of race, color, religion, sex,         1,704        

familial status, ancestry, handicap DISABILITY, or national        1,705        

origin;                                                            1,706        

      (3)  Discriminate against any person in the making or        1,708        

purchasing of loans or the provision of other financial            1,709        

assistance for the acquisition, construction, rehabilitation,      1,710        

repair, or maintenance of housing accommodations, or any person    1,711        

in the making or purchasing of loans or the provision of other     1,712        

financial assistance that is secured by residential real estate,   1,713        

because of race, color, religion, sex, familial status, ancestry,  1,714        

handicap DISABILITY, or national origin or because of the racial   1,715        

composition of the neighborhood in which the housing               1,717        

accommodations are located, provided that the person, whether an   1,718        

individual, corporation, or association of any type, lends money   1,719        

as one of the principal aspects or incident to the person's        1,720        

principal business and not only as a part of the purchase price    1,721        

of an owner-occupied residence the person is selling nor merely    1,722        

casually or occasionally to a relative or friend;                  1,723        

      (4)  Discriminate against any person in the terms or         1,725        

conditions of selling, transferring, assigning, renting, leasing,  1,726        

or subleasing any housing accommodations or in furnishing          1,727        

facilities, services, or privileges in connection with the         1,728        

ownership, occupancy, or use of any housing accommodations,        1,729        

including the sale of fire, extended coverage, or homeowners       1,730        

insurance, because of race, color, religion, sex, familial         1,731        

status, ancestry, handicap DISABILITY, or national origin or       1,732        

because of the racial composition of the neighborhood in which     1,734        

the housing accommodations are located;                            1,735        

      (5)  Discriminate against any person in the terms or         1,737        

conditions of any loan of money, whether or not secured by         1,738        

mortgage or otherwise, for the acquisition, construction,          1,739        

rehabilitation, repair, or maintenance of housing accommodations   1,740        

                                                          40     


                                                                 
because of race, color, religion, sex, familial status, ancestry,  1,741        

handicap DISABILITY, or national origin or because of the racial   1,742        

composition of the neighborhood in which the housing               1,744        

accommodations are located;                                        1,745        

      (6)  Refuse to consider without prejudice the combined       1,747        

income of both husband and wife for the purpose of extending       1,748        

mortgage credit to a married couple or either member of a married  1,749        

couple;                                                            1,750        

      (7)  Print, publish, or circulate any statement or           1,752        

advertisement, or make or cause to be made any statement or        1,753        

advertisement, relating to the sale, transfer, assignment,         1,754        

rental, lease, sublease, or acquisition of any housing             1,755        

accommodations, or relating to the loan of money, whether or not   1,756        

secured by mortgage or otherwise, for the acquisition,             1,757        

construction, rehabilitation, repair, or maintenance of housing    1,758        

accommodations, that indicates any preference, limitation,         1,759        

specification, or discrimination based upon race, color,           1,760        

religion, sex, familial status, ancestry, handicap DISABILITY, or  1,762        

national origin, or an intention to make any such preference,      1,763        

limitation, specification, or discrimination;                      1,764        

      (8)  Except as otherwise provided in division (H)(8) or      1,766        

(17) of this section, make any inquiry, elicit any information,    1,767        

make or keep any record, or use any form of application            1,768        

containing questions or entries concerning race, color, religion,  1,769        

sex, familial status, ancestry, handicap DISABILITY, or national   1,770        

origin in connection with the sale or lease of any housing         1,772        

accommodations or the loan of any money, whether or not secured    1,773        

by mortgage or otherwise, for the acquisition, construction,       1,774        

rehabilitation, repair, or maintenance of housing accommodations.  1,775        

Any person may make inquiries, and make and keep records,          1,776        

concerning race, color, religion, sex, familial status, ancestry,  1,777        

handicap DISABILITY, or national origin for the purpose of         1,779        

monitoring compliance with this chapter.                           1,780        

      (9)  Include in any transfer, rental, or lease of housing    1,782        

                                                          41     


                                                                 
accommodations any restrictive covenant, or honor or exercise, or  1,783        

attempt to honor or exercise, any restrictive covenant;            1,784        

      (10)  Induce or solicit, or attempt to induce or solicit, a  1,786        

housing accommodations listing, sale, or transaction by            1,787        

representing that a change has occurred or may occur with respect  1,788        

to the racial, religious, sexual, familial status, or ethnic       1,789        

composition of the block, neighborhood, or other area in which     1,790        

the housing accommodations are located, or induce or solicit, or   1,791        

attempt to induce or solicit, a housing accommodations listing,    1,792        

sale, or transaction by representing that the presence or          1,793        

anticipated presence of persons of any race, color, religion,      1,794        

sex, familial status, ancestry, handicap DISABILITY, or national   1,795        

origin, in the block, neighborhood, or other area will or may      1,797        

have results including, but not limited to, the following:         1,798        

      (a)  The lowering of property values;                        1,800        

      (b)  A change in the racial, religious, sexual, familial     1,802        

status, or ethnic composition of the block, neighborhood, or       1,803        

other area;                                                        1,804        

      (c)  An increase in criminal or antisocial behavior in the   1,806        

block, neighborhood, or other area;                                1,807        

      (d)  A decline in the quality of the schools serving the     1,809        

block, neighborhood, or other area.                                1,810        

      (11)  Deny any person access to or membership or             1,812        

participation in any multiple-listing service, real estate         1,813        

brokers' organization, or other service, organization, or          1,814        

facility relating to the business of selling or renting housing    1,815        

accommodations, or discriminate against any person in the terms    1,816        

or conditions of that access, membership, or participation, on     1,817        

account of race, color, religion, sex, familial status, national   1,818        

origin, handicap DISABILITY, or ancestry;                          1,819        

      (12)  Coerce, intimidate, threaten, or interfere with any    1,821        

person in the exercise or enjoyment of, or on account of that      1,822        

person's having exercised or enjoyed or having aided or            1,823        

encouraged any other person in the exercise or enjoyment of, any   1,824        

                                                          42     


                                                                 
right granted or protected by division (H) of this section;        1,825        

      (13)  Discourage or attempt to discourage the purchase by a  1,827        

prospective purchaser of housing accommodations, by representing   1,828        

that any block, neighborhood, or other area has undergone or       1,829        

might undergo a change with respect to its religious, racial,      1,830        

sexual, familial status, or ethnic composition;                    1,831        

      (14)  Refuse to sell, transfer, assign, rent, lease,         1,833        

sublease, or finance, or otherwise deny or withhold, a burial lot  1,834        

from any person because of the race, color, sex, familial status,  1,835        

age, ancestry, handicap DISABILITY, or national origin of any      1,836        

prospective owner or user of the lot;                              1,838        

      (15)  Discriminate in the sale or rental of, or otherwise    1,840        

make unavailable or deny, housing accommodations to any buyer or   1,841        

renter because of a handicap DISABILITY of any of the following:   1,842        

      (a)  The buyer or renter;                                    1,844        

      (b)  A person residing in or intending to reside in the      1,846        

housing accommodations after they are sold, rented, or made        1,847        

available;                                                         1,848        

      (c)  Any individual associated with the person described in  1,850        

division (H)(15)(b) of this section.                               1,851        

      (16)  Discriminate in the terms, conditions, or privileges   1,853        

of the sale or rental of housing accommodations to any person or   1,854        

in the provision of services or facilities to any person in        1,855        

connection with the housing accommodations because of a handicap   1,856        

DISABILITY of any of the following:                                1,857        

      (a)  That person;                                            1,859        

      (b)  A person residing in or intending to reside in the      1,861        

housing accommodations after they are sold, rented, or made        1,862        

available;                                                         1,863        

      (c)  Any individual associated with the person described in  1,865        

division (H)(16)(b) of this section.                               1,866        

      (17)  Except as otherwise provided in division (H)(17) of    1,868        

this section, make an inquiry to determine whether an applicant    1,869        

for the sale or rental of housing accommodations, a person         1,870        

                                                          43     


                                                                 
residing in or intending to reside in the housing accommodations   1,871        

after they are sold, rented, or made available, or any individual  1,872        

associated with that person has a handicap DISABILITY, or make an  1,874        

inquiry to determine the nature or severity of a handicap          1,875        

DISABILITY of the applicant or such a person or individual.  The   1,877        

following inquiries may be made of all applicants for the sale or  1,878        

rental of housing accommodations, regardless of whether they have  1,879        

handicaps DISABILITIES:                                            1,880        

      (a)  An inquiry into an applicant's ability to meet the      1,882        

requirements of ownership or tenancy;                              1,883        

      (b)  An inquiry to determine whether an applicant is         1,885        

qualified for housing accommodations available only to persons     1,886        

with handicaps DISABILITIES or persons with a particular type of   1,887        

handicap DISABILITY;                                               1,888        

      (c)  An inquiry to determine whether an applicant is         1,890        

qualified for a priority available to persons with handicaps       1,891        

DISABILITIES or persons with a particular type of handicap         1,893        

DISABILITY;                                                                     

      (d)  An inquiry to determine whether an applicant currently  1,895        

uses a controlled substance in violation of section 2925.11 of     1,896        

the Revised Code or a substantively comparable municipal           1,897        

ordinance;                                                         1,898        

      (e)  An inquiry to determine whether an applicant at any     1,900        

time has been convicted of or pleaded guilty to any offense, an    1,901        

element of which is the illegal sale, offer to sell, cultivation,  1,902        

manufacture, other production, shipment, transportation,           1,904        

delivery, or other distribution of a controlled substance.         1,905        

      (18)(a)  Refuse to permit, at the expense of a handicapped   1,907        

person WITH A DISABILITY, reasonable modifications of existing     1,908        

housing accommodations that are occupied or to be occupied by the  1,909        

handicapped person WITH A DISABILITY, if the modifications may be  1,911        

necessary to afford the handicapped person WITH A DISABILITY full  1,912        

enjoyment of the housing accommodations.  This division does not   1,914        

preclude a landlord of housing accommodations that are rented or   1,915        

                                                          44     


                                                                 
to be rented to a handicapped DISABLED tenant from conditioning    1,916        

permission for a proposed modification upon the handicapped        1,918        

DISABLED tenant's doing one or more of the following:              1,920        

      (i)  Providing a reasonable description of the proposed      1,922        

modification and reasonable assurances that the proposed           1,923        

modification will be made in a workmanlike WORKERLIKE manner and   1,924        

that any required building permits will be obtained prior to the   1,925        

commencement of the proposed modification;                         1,926        

      (ii)  Agreeing to restore at the end of the tenancy the      1,928        

interior of the housing accommodations to the condition they were  1,929        

in prior to the proposed modification, but subject to reasonable   1,930        

wear and tear during the period of occupancy, if it is reasonable  1,931        

for the landlord to condition permission for the proposed          1,932        

modification upon the agreement;                                   1,933        

      (iii)  Paying into an interest-bearing escrow account that   1,935        

is in the landlord's name, over a reasonable period of time, a     1,936        

reasonable amount of money not to exceed the projected costs at    1,937        

the end of the tenancy of the restoration of the interior of the   1,938        

housing accommodations to the condition they were in prior to the  1,939        

proposed modification, but subject to reasonable wear and tear     1,940        

during the period of occupancy, if the landlord finds the account  1,941        

reasonably necessary to ensure the availability of funds for the   1,942        

restoration work.  The interest earned in connection with an       1,943        

escrow account described in this division shall accrue to the      1,944        

benefit of the handicapped DISABLED tenant who makes payments      1,945        

into the account.                                                  1,947        

      (b)  A landlord shall not condition permission for a         1,949        

proposed modification upon a handicapped DISABLED tenant's         1,950        

payment of a security deposit that exceeds the customarily         1,952        

required security deposit of all tenants of the particular         1,953        

housing accommodations.                                                         

      (19)  Refuse to make reasonable accommodations in rules,     1,955        

policies, practices, or services when necessary to afford a        1,956        

handicapped person WITH A DISABILITY equal opportunity to use and  1,958        

                                                          45     


                                                                 
enjoy a dwelling unit, including associated public and common use  1,959        

areas;                                                                          

      (20)  Fail to comply with the standards and rules adopted    1,961        

under division (A) of section 3781.111 of the Revised Code;        1,962        

      (21)  Discriminate against any person in the selling,        1,964        

brokering, or appraising of real property because of race, color,  1,965        

religion, sex, familial status, ancestry, handicap DISABILITY, or  1,967        

national origin;                                                   1,968        

      (22)  Fail to design and construct covered multifamily       1,970        

dwellings for first occupancy on or after June 30, 1992, in        1,971        

accordance with the following conditions:                          1,972        

      (a)  The dwellings shall have at least one building          1,974        

entrance on an accessible route, unless it is impractical to do    1,975        

so because of the terrain or unusual characteristics of the site.  1,976        

      (b)  With respect to dwellings that have a building          1,978        

entrance on an accessible route, all of the following apply:       1,979        

      (i)  The public use areas and common use areas of the        1,981        

dwellings shall be readily accessible to and usable by             1,982        

handicapped persons WITH A DISABILITY.                             1,983        

      (ii)  All the doors designed to allow passage into and       1,985        

within all premises shall be sufficiently wide to allow passage    1,986        

by handicapped persons WITH A DISABILITY WHO ARE in wheelchairs.   1,987        

      (iii)  All premises within covered multifamily dwelling      1,989        

units shall contain an accessible route into and through the       1,990        

dwelling; all light switches, electrical outlets, thermostats,     1,991        

and other environmental controls within such units shall be in     1,992        

accessible locations; the bathroom walls within such units shall   1,993        

contain reinforcements to allow later installation of grab bars;   1,994        

and the kitchens and bathrooms within such units shall be          1,995        

designed and constructed in a manner that enables an individual    1,996        

in a wheelchair to maneuver about such rooms.                      1,997        

      For purposes of division (H)(22) of this section, "covered   1,999        

multifamily dwellings" means buildings consisting of four or more  2,000        

units if such buildings have one or more elevators and ground      2,001        

                                                          46     


                                                                 
floor units in other buildings consisting of four or more units.   2,002        

      (I)  For any person to discriminate in any manner against    2,004        

any other person because that person has opposed any unlawful      2,005        

discriminatory practice defined in this section or because that    2,006        

person has made a charge, testified, assisted, or participated in  2,007        

any manner in any investigation, proceeding, or hearing under      2,008        

sections 4112.01 to 4112.07 of the Revised Code.                   2,009        

      (J)  For any person to aid, abet, incite, compel, or coerce  2,011        

the doing of any act declared by this section to be an unlawful    2,012        

discriminatory practice, to obstruct or prevent any person from    2,013        

complying with this chapter or any order issued under it, or to    2,014        

attempt directly or indirectly to commit any act declared by this  2,015        

section to be an unlawful discriminatory practice.                 2,016        

      (K)(1)  Nothing in division (H) of this section shall bar    2,018        

any religious or denominational institution or organization, or    2,019        

any nonprofit charitable or educational organization that is       2,020        

operated, supervised, or controlled by or in connection with a     2,021        

religious organization, from limiting the sale, rental, or         2,022        

occupancy of housing accommodations that it owns or operates for   2,023        

other than a commercial purpose to persons of the same religion,   2,024        

or from giving preference in the sale, rental, or occupancy of     2,025        

such housing accommodations to persons of the same religion,       2,026        

unless membership in the religion is restricted on account of      2,027        

race, color, or national origin.                                   2,028        

      (2)  Nothing in division (H) of this section shall bar any   2,030        

bona fide private or fraternal organization that, incidental to    2,031        

its primary purpose, owns or operates lodgings for other than a    2,032        

commercial purpose, from limiting the rental or occupancy of the   2,033        

lodgings to its members or from giving preference to its members.  2,034        

      (3)  Nothing in division (H) of this section limits the      2,036        

applicability of any reasonable local, state, or federal           2,037        

restrictions regarding the maximum number of occupants permitted   2,038        

to occupy housing accommodations.  Nothing in that division        2,039        

prohibits the owners or managers of housing accommodations from    2,040        

                                                          47     


                                                                 
implementing reasonable occupancy standards based on the number    2,041        

and size of sleeping areas or bedrooms and the overall size of a   2,042        

dwelling unit, provided that the standards are not implemented to  2,043        

circumvent the purposes of this chapter and are formulated,        2,044        

implemented, and interpreted in a manner consistent with this      2,045        

chapter and any applicable local, state, or federal restrictions   2,046        

regarding the maximum number of occupants permitted to occupy      2,047        

housing accommodations.                                            2,048        

      (4)  Nothing in division (H) of this section requires that   2,050        

housing accommodations be made available to an individual whose    2,051        

tenancy would constitute a direct threat to the health or safety   2,052        

of other individuals or whose tenancy would result in substantial  2,053        

physical damage to the property of others.                         2,054        

      (5)  Nothing in division (H) of this section pertaining to   2,056        

discrimination on the basis of familial status shall be construed  2,057        

to apply to any of the following:                                  2,058        

      (a)  Housing accommodations provided under any state or      2,060        

federal program that have been determined under the "Fair Housing  2,061        

Amendments Act of 1988," 102 Stat. 1623, 42 U.S.C.A. 3607, as      2,062        

amended, to be specifically designed and operated to assist        2,063        

elderly persons;                                                   2,064        

      (b)  Housing accommodations intended for and solely          2,066        

occupied by persons who are sixty-two years of age or older;       2,067        

      (c)  Housing accommodations intended and operated for        2,069        

occupancy by at least one person who is fifty-five years of age    2,070        

or older per unit, as determined under the "Fair Housing           2,071        

Amendments Act of 1988," 102 Stat. 1623, 42 U.S.C.A. 3607, as      2,072        

amended.                                                           2,073        

      (L)  Nothing in divisions (A) to (E) of this section shall   2,075        

be construed to require a handicapped person WITH A DISABILITY to  2,077        

be employed or trained under circumstances that would              2,078        

significantly increase the occupational hazards affecting either   2,079        

the handicapped person WITH A DISABILITY, other employees, the     2,081        

general public, or the facilities in which the work is to be       2,082        

                                                          48     


                                                                 
performed, or to require the employment or training of a           2,083        

handicapped person WITH A DISABILITY in a job that requires the    2,084        

handicapped person WITH A DISABILITY routinely to undertake any    2,085        

task, the performance of which is substantially and inherently     2,086        

impaired by the handicapped person's handicap DISABILITY.          2,087        

      (M)  Nothing in divisions (H)(1) to (18) of this section     2,089        

shall be construed to require any person selling or renting        2,090        

property to modify the property in any way or to exercise a        2,091        

higher degree of care for a person having WITH a handicap          2,092        

DISABILITY, to relieve any handicapped person WITH A DISABILITY    2,094        

of any obligation generally imposed on all persons regardless of   2,096        

handicap DISABILITY in a written lease, rental agreement, or       2,098        

contract of purchase or sale, or to forbid distinctions based on   2,099        

the inability to fulfill the terms and conditions, including       2,100        

financial obligations, of the lease, agreement, or contract.       2,101        

      (N)  An aggrieved individual may enforce the individual's    2,103        

rights relative to discrimination on the basis of age as provided  2,104        

for in this section by instituting a civil action, within two      2,105        

years after the alleged unlawful discriminatory practice           2,106        

occurred, in any court with jurisdiction for any legal or          2,107        

equitable relief that will effectuate the individual's rights.     2,108        

      A person who files a civil action under this division is     2,110        

barred, with respect to the practices complained of, from          2,111        

instituting a civil action under section 4112.14 of the Revised    2,112        

Code and from filing a charge with the commission under section    2,113        

4112.05 of the Revised Code.                                       2,114        

      (O)  With regard to age, it shall not be an unlawful         2,116        

discriminatory practice and it shall not constitute a violation    2,117        

of division (A) of section 4112.14 of the Revised Code for any     2,118        

employer, employment agency, joint labor-management committee      2,119        

controlling apprenticeship training programs, or labor             2,120        

organization to do any of the following:                           2,121        

      (1)  Establish bona fide employment qualifications           2,123        

reasonably related to the particular business or occupation that   2,124        

                                                          49     


                                                                 
may include standards for skill, aptitude, physical capability,    2,125        

intelligence, education, maturation, and experience;               2,126        

      (2)  Observe the terms of a bona fide seniority system or    2,128        

any bona fide employee benefit plan, including, but not limited    2,129        

to, a retirement, pension, or insurance plan, that is not a        2,130        

subterfuge to evade the purposes of this section.  However, no     2,131        

such employee benefit plan shall excuse the failure to hire any    2,132        

individual, and no such seniority system or employee benefit plan  2,133        

shall require or permit the involuntary retirement of any          2,134        

individual, because of the individual's age except as provided     2,135        

for in the "Age Discrimination in Employment Act Amendment of      2,136        

1978," 92 Stat. 189, 29 U.S.C.A. 623, as amended by the "Age       2,137        

Discrimination in Employment Act Amendments of 1986," 100 Stat.    2,138        

3342, 29 U.S.C.A. 623, as amended.                                 2,139        

      (3)  Retire an employee who has attained sixty-five years    2,141        

of age who, for the two-year period immediately before             2,142        

retirement, is employed in a bona fide executive or a high         2,143        

policymaking position, if the employee is entitled to an           2,144        

immediate nonforfeitable annual retirement benefit from a          2,145        

pension, profit-sharing, savings, or deferred compensation plan,   2,146        

or any combination of those plans, of the employer of the          2,147        

employee, which equals, in the aggregate, at least forty-four      2,148        

thousand dollars, in accordance with the conditions of the "Age    2,149        

Discrimination in Employment Act Amendment of 1978," 92 Stat.      2,150        

189, 29 U.S.C.A. 631, as amended by the "Age Discrimination in     2,151        

Employment Act Amendments of 1986," 100 Stat. 3342, 29 U.S.C.A.    2,152        

631, as amended;                                                   2,153        

      (4)  Observe the terms of any bona fide apprenticeship       2,155        

program if the program is registered with the Ohio apprenticeship  2,156        

council pursuant to sections 4111.25 to 4111.30 of the Revised     2,157        

Code and is approved by the federal committee on apprenticeship    2,158        

of the United States department of labor.                          2,159        

      (P)  Nothing in this chapter prohibiting age discrimination  2,161        

and nothing in division (A) of section 4112.14 of the Revised      2,162        

                                                          50     


                                                                 
Code shall be construed to prohibit the following:                 2,163        

      (1)  The designation of uniform age the attainment of which  2,165        

is necessary for public employees to receive pension or other      2,166        

retirement benefits pursuant to Chapter 145., 742., 3307., 3309.,  2,167        

or 5505. of the Revised Code;                                      2,168        

      (2)  The mandatory retirement of uniformed patrol officers   2,170        

of the state highway patrol as provided in section 5505.16 of the  2,171        

Revised Code;                                                      2,172        

      (3)  The maximum age requirements for appointment as a       2,174        

patrol officer in the state highway patrol established by section  2,175        

5503.01 of the Revised Code;                                       2,176        

      (4)  The maximum age requirements established for original   2,178        

appointment to a police department or fire department in sections  2,179        

124.41 and 124.42 of the Revised Code;                             2,180        

      (5)  Any maximum age not in conflict with federal law that   2,182        

may be established by a municipal charter, municipal ordinance,    2,183        

or resolution of a board of township trustees for original         2,184        

appointment as a police officer or fire fighter FIREFIGHTER;       2,185        

      (6)  Any mandatory retirement provision not in conflict      2,187        

with federal law of a municipal charter, municipal ordinance, or   2,188        

resolution of a board of township trustees pertaining to police    2,189        

officers and fire fighters FIREFIGHTERS;                           2,190        

      (7)  Until January 1, 1994, the mandatory retirement of any  2,192        

employee who has attained seventy years of age and who is serving  2,193        

under a contract of unlimited tenure, or similar arrangement       2,194        

providing for unlimited tenure, at an institution of higher        2,195        

education as defined in the "Education Amendments of 1980," 94     2,196        

Stat. 1503, 20 U.S.C.A. 1141(a).                                   2,197        

      (Q)(1)(a)  Except as provided in division (Q)(1)(b) of this  2,199        

section, for purposes of divisions (A) to (E) of this section, a   2,200        

handicap DISABILITY does not include any physiological disorder    2,201        

or condition, mental or psychological disorder, or disease or      2,203        

condition caused by an illegal use of any controlled substance by  2,204        

an employee, applicant, or other person, if an employer,           2,205        

                                                          51     


                                                                 
employment agency, personnel placement service, labor              2,206        

organization, or joint labor-management committee acts on the      2,207        

basis of that illegal use.                                         2,208        

      (b)  Division (Q)(1)(a) of this section does not apply to    2,210        

an employee, applicant, or other person who satisfies any of the   2,211        

following:                                                         2,212        

      (i)  The employee, applicant, or other person has            2,214        

successfully completed a supervised drug rehabilitation program    2,216        

and no longer is engaging in the illegal use of any controlled     2,217        

substance, or the employee, applicant, or other person otherwise   2,218        

successfully has been rehabilitated and no longer is engaging in   2,219        

that illegal use.                                                               

      (ii)  The employee, applicant, or other person is            2,221        

participating in a supervised drug rehabilitation program and no   2,223        

longer is engaging in the illegal use of any controlled            2,224        

substance.                                                                      

      (iii)  The employee, applicant, or other person is           2,226        

erroneously regarded as engaging in the illegal use of any         2,228        

controlled substance, but the employee, applicant, or other        2,229        

person is not engaging in that illegal use.                        2,230        

      (2)  Divisions (A) to (E) of this section do not prohibit    2,232        

an employer, employment agency, personnel placement service,       2,233        

labor organization, or joint labor-management committee from       2,234        

doing any of the following:                                        2,235        

      (a)  Adopting or administering reasonable policies or        2,237        

procedures, including, but not limited to, testing for the         2,238        

illegal use of any controlled substance, that are designed to      2,239        

ensure that an individual described in division (Q)(1)(b)(i) or    2,240        

(ii) of this section no longer is engaging in the illegal use of   2,241        

any controlled substance;                                          2,242        

      (b)  Prohibiting the illegal use of controlled substances    2,244        

and the use of alcohol at the workplace by all employees;          2,245        

      (c)  Requiring that employees not be under the influence of  2,247        

alcohol or not be engaged in the illegal use of any controlled     2,248        

                                                          52     


                                                                 
substance at the workplace;                                        2,249        

      (d)  Requiring that employees behave in conformance with     2,251        

the requirements established under "The Drug-Free Workplace Act    2,252        

of 1988," 102 Stat. 4304, 41 U.S.C.A. 701, as amended;             2,253        

      (e)  Holding an employee who engages in the illegal use of   2,255        

any controlled substance or who is an alcoholic to the same        2,256        

qualification standards for employment or job performance, and     2,257        

the same behavior, to which the employer, employment agency,       2,258        

personnel placement service, labor organization, or joint          2,259        

labor-management committee holds other employees, even if any      2,260        

unsatisfactory performance or behavior is related to an            2,261        

employee's illegal use of a controlled substance or alcoholism;    2,262        

      (f)  Exercising other authority recognized in the            2,264        

"Americans with Disabilities Act of 1990," 104 Stat. 327, 42       2,265        

U.S.C.A. 12101, as amended, including, but not limited to,         2,266        

requiring employees to comply with any applicable federal          2,267        

standards.                                                         2,268        

      (3)  For purposes of this chapter, a test to determine the   2,270        

illegal use of any controlled substance does not include a         2,271        

medical examination.                                               2,272        

      (4)  Division (Q) of this section does not encourage,        2,274        

prohibit, or authorize, and shall not be construed as              2,275        

encouraging, prohibiting, or authorizing, the conduct of testing   2,276        

for the illegal use of any controlled substance by employees,      2,277        

applicants, or other persons, or the making of employment          2,278        

decisions based on the results of that type of testing.            2,279        

      Sec. 4112.021.  (A)  As used in this section:                2,288        

      (1)  "Credit" means the right granted by a creditor to a     2,290        

person to defer payment of a debt, or to incur debt and defer its  2,291        

payment, or TO purchase property or services and defer payment     2,292        

therefor; FOR THE PROPERTY OR SERVICES.                            2,293        

      (2)  "Creditor" means any person who regularly extends,      2,295        

renews, or continues credit, any person who regularly arranges     2,296        

for the extension, renewal, or continuation of credit, or any      2,297        

                                                          53     


                                                                 
assignee of an original creditor who participates in the decision  2,298        

to extend, renew, or continue credit, whether or not any interest  2,299        

or finance charge is required;.                                    2,300        

      (3)  "Credit reporting agency" means any person who, for     2,302        

monetary fees, OR dues, or on a cooperative nonprofit basis,       2,304        

regularly assembles or evaluates credit information for the        2,305        

purpose of furnishing credit reports to creditors;.                2,306        

      (4)  "Age" means any age of eighteen years or older.         2,308        

      (B)  It shall be an unlawful discriminatory practice:        2,310        

      (1)  For any creditor to DO ANY OF THE FOLLOWING:            2,312        

      (a)  Discriminate against any applicant for credit in the    2,314        

granting, withholding, extending, or renewing of credit, or in     2,315        

the fixing of the rates, terms, or conditions of any form of       2,316        

credit, on the basis of race, color, religion, age, sex, marital   2,317        

status, national origin, handicap DISABILITY, or ancestry, except  2,319        

that this division shall not apply with respect to age in any      2,320        

real estate transaction between a financial institution, a dealer  2,321        

in intangibles, or an insurance company as these terms are         2,322        

defined in section 5725.01 of the Revised Code and its customers;  2,323        

      (b)  Use or make any inquiry as to race, color, religion,    2,325        

age, sex, marital status, national origin, handicap DISABILITY,    2,326        

or ancestry for the purpose of limiting or specifying those        2,328        

persons to whom credit will be granted, except that an inquiry of  2,329        

marital status does not constitute discrimination for the          2,330        

purposes of this section if the inquiry is made for the purpose    2,331        

of ascertaining the creditor's rights and remedies applicable to   2,332        

the particular extension of credit, and except that creditors are  2,333        

excepted from this division with respect to any inquiry,           2,334        

elicitation of information, record, or form of application         2,335        

required of such A PARTICULAR creditor by any instrumentality or   2,337        

agency of the United States, or required of such A PARTICULAR      2,338        

creditor by any agency or instrumentality to enforce the "Civil    2,340        

Rights Act of 1968," 82 Stat. 84, 85, 42 U.S.C.A. 3608(c);         2,341        

      (c)  Refuse to consider the sources of income of an          2,343        

                                                          54     


                                                                 
applicant for credit, or disregard or ignore the income of an      2,344        

applicant, in whole or in part, on the basis of race, color,       2,345        

religion, age, sex, marital status, handicap DISABILITY, national  2,347        

origin, or ancestry;                                               2,348        

      (d)  Refuse to grant credit to an individual in any name     2,350        

that individual customarily uses, if it has been determined in     2,351        

the normal course of business, that the creditor will grant        2,352        

credit to the individual;                                          2,353        

      (e)  Impose any special requirements or conditions,          2,355        

including, but not limited to, a requirement for co-obligors or    2,356        

reapplication, upon any applicant or class of applicants on the    2,357        

basis of race, color, religion, age, sex, marital status,          2,358        

national origin, handicap DISABILITY, or ancestry in               2,359        

circumstances where similar requirements or conditions are not     2,361        

imposed on other applicants similarly situated, unless the         2,362        

special requirements or conditions that are imposed with respect   2,363        

to age are the result of a real estate transaction exempted under  2,364        

division (B)(1)(a) of this section or are the result of programs   2,365        

that grant preferences to certain age groups administered by       2,366        

instrumentalities or agencies of the United States, a state, or a  2,367        

political subdivision of a state;                                  2,368        

      (f)  Fail or refuse to provide an applicant for credit a     2,370        

written statement of the specific reasons for rejection of the     2,371        

application if requested in writing by the applicant within sixty  2,372        

days of the rejection.  The creditor shall provide the written     2,373        

statement of the specific reason for rejection within thirty days  2,374        

after receipt of such A request OF THAT NATURE.  For purposes of   2,376        

this section, a statement that the applicant was rejected solely   2,377        

on the basis of information received from a credit reporting       2,378        

agency or because the applicant failed to meet the standards       2,379        

required by the creditor's credit scoring system, uniformly        2,380        

applied, shall constitute a specific reason for rejection.         2,381        

      (g)  Fail or refuse after June 30, 1976, to print on or      2,383        

firmly attach to each application for credit, in a type size no    2,384        

                                                          55     


                                                                 
smaller than that used throughout most of the application form,    2,385        

the following notice:  "The Ohio laws against discrimination       2,386        

require that all creditors make credit equally available to all    2,387        

credit worthy customers, and that credit reporting agencies        2,388        

maintain separate credit histories on each individual upon         2,389        

request.  The Ohio civil rights commission administers compliance  2,390        

with this law."  This notice is not required to be included in     2,391        

applications that have a multi-state distribution if the notice    2,392        

is mailed to the applicant with the notice of acceptance or        2,393        

rejection of the application.                                      2,394        

      (h)  Fail or refuse on the basis of race, color, religion,   2,396        

age, sex, marital status, national origin, handicap DISABILITY,    2,397        

or ancestry to maintain, upon the request of the individual, a     2,399        

separate account for each individual to whom credit is extended;   2,400        

      (i)  Fail or refuse on the basis of race, color, religion,   2,402        

age, sex, marital status, national origin, handicap DISABILITY,    2,403        

or ancestry to maintain records on any account established after   2,405        

November 1, 1976, and to furnish information on the accounts to    2,406        

credit reporting agencies in a manner that clearly designates the  2,407        

contractual liability for repayment as indicated on the            2,408        

application for the account, and, if more than one individual is   2,409        

contractually liable for repayment, to maintain records and        2,410        

furnish information in the name of each individual.  This section  2,411        

DIVISION does not apply to individuals who are contractually       2,412        

liable only if the primary party defaults on the account.          2,414        

      (2)  For any credit reporting agency to DO ANY OF THE        2,416        

FOLLOWING:                                                                      

      (a)  Fail or refuse on the basis of race, color, religion,   2,418        

age, sex, marital status, national origin, handicap DISABILITY,    2,419        

or ancestry to maintain, upon the request of the individual, a     2,421        

separate file on each individual about whom information is         2,422        

assembled or evaluated;                                            2,423        

      (b)  Fail or refuse on the basis of race, color, religion,   2,425        

age, sex, marital status, national origin, handicap DISABILITY,    2,426        

                                                          56     


                                                                 
or ancestry to clearly note, maintain, and report any information  2,428        

furnished it under division (B)(1)(i) of this section.             2,429        

      (C)  This section does not prohibit a creditor from          2,431        

requesting the signature of both spouses to create a valid lien,   2,432        

pass clear title, or waive inchoate rights to property.            2,433        

      (D)  The rights granted by this section may be enforced by   2,435        

aggrieved individuals by filing a civil action in a court of       2,436        

common pleas within one hundred eighty days after the alleged      2,437        

unlawful act DISCRIMINATORY PRACTICE occurred.  Upon application   2,438        

by the plaintiff and in such circumstances as THAT the court       2,440        

considers just, the court in which a civil action under this       2,442        

section is brought may appoint an attorney for the plaintiff and   2,443        

may authorize the commencement of a civil action upon proper       2,444        

showing without the payment of costs. If the court finds that an   2,445        

act UNLAWFUL DISCRIMINATORY PRACTICE prohibited by this section    2,446        

occurred or is about to occur, the court may grant such relief as  2,448        

THAT it considers appropriate, including a permanent or temporary  2,449        

injunction, temporary restraining order, or other order, and may   2,450        

award to the plaintiff actual COMPENSATORY and punitive damages    2,451        

of not less than one hundred dollars, together with attorney's     2,453        

fees and court costs.                                              2,454        

      (E)  Nothing contained in this section shall bar a creditor  2,456        

from reviewing an application for credit on the basis of           2,457        

established criteria used in the normal course of business for     2,458        

the determination of the credit worthiness of the individual       2,459        

applicant for credit, including the credit history of the          2,460        

applicant.                                                         2,461        

      Sec. 4112.022.   As used in this section, "educational       2,470        

institution" means a state university or college, state-assisted   2,471        

institution of higher education, nonprofit educational             2,472        

institution described in Chapter 1713. of the Revised Code, or     2,473        

institution registered under Chapter 3332. of the Revised Code.    2,474        

      It shall be an unlawful discriminatory practice for any      2,476        

educational institution to discriminate against any individual on  2,477        

                                                          57     


                                                                 
account of any handicap DISABILITY:                                2,478        

      (A)  In admission or assignment to any academic program,     2,480        

course of study, internship, or class offered by the institution;  2,481        

      (B)  In permitting participation in any activity THAT IS     2,483        

sponsored by the institution or that takes place on property       2,484        

owned, operated, or controlled by the institution;                 2,485        

      (C)  In the awarding of any form of financial aid or other   2,487        

benefits available to students;                                    2,488        

      (D)  In admission or assignment to housing or other          2,490        

facilities owned, operated, or controlled by the institution;      2,491        

      (E)  In awarding of grades or granting of certificates,      2,493        

diplomas, or degrees offered by the institution.                   2,494        

      Nothing in this section prohibits any educational            2,496        

institution from establishing bona fide requirements or standards  2,497        

for admission or assignment to academic programs, courses,         2,498        

internships, or classes; for permitting participation in           2,499        

activities; for awarding of financial aid or other benefits; or    2,500        

for the granting of grades, certificates, diplomas, or degrees,    2,501        

which requirements or standards may include reasonable             2,502        

qualifications for demonstrating necessary skill, aptitude,        2,503        

physical capability, intelligence, and previous education.         2,504        

      Nothing in this section requires any educational             2,506        

institution to construct, reconstruct, improve, enlarge, or alter  2,507        

any building, facility, or property owned, operated, or            2,508        

controlled by the institution, in any manner, for the purpose of   2,509        

making the building, facility, or property accessible to the       2,510        

handicapped PERSONS WITH A DISABILITY, provided that this section  2,511        

does not exempt an educational institution from compliance with    2,513        

standards adopted under section 3781.111 of the Revised Code.      2,514        

      Sec. 4112.04.  (A)  The commission shall do all of the       2,523        

following:                                                         2,524        

      (1)  Establish and maintain a principal office in the city   2,526        

of Columbus and any other offices within the state that it         2,527        

considers necessary;                                               2,528        

                                                          58     


                                                                 
      (2)  Appoint an executive director who shall serve at the    2,530        

pleasure of the commission and be its principal administrative     2,531        

officer.  The executive director shall be paid a salary fixed      2,532        

pursuant to Chapter 124. of the Revised Code.                      2,533        

      (3)  Appoint hearing examiners and other employees and       2,535        

agents who it considers necessary and prescribe their duties       2,536        

subject to Chapter 124. of the Revised Code;                       2,537        

      (4)  Adopt, promulgate, amend, and rescind rules to          2,539        

effectuate the provisions of this chapter and the policies and     2,540        

practice of the commission in connection with this chapter.        2,541        

      (5)  Formulate policies to effectuate the purposes of this   2,543        

chapter and make recommendations to agencies and officers of the   2,544        

state or political subdivisions to effectuate the policies;        2,545        

      (6)  Receive, investigate, and pass upon written charges     2,547        

made under oath of unlawful discriminatory practices;              2,548        

      (7)  Make periodic surveys of the existence and effect of    2,550        

discrimination because of race, color, religion, sex, familial     2,551        

status, national origin, handicap DISABILITY, age, or ancestry on  2,553        

the enjoyment of civil rights by persons within the state;         2,554        

      (8)  Report, from time to time, but not less than once a     2,556        

year, to the general assembly and the governor, describing in      2,557        

detail the investigations, proceedings, and hearings it has        2,558        

conducted and their outcome, the decisions it has rendered, and    2,559        

the other work performed by it, which report shall include a copy  2,560        

of any surveys prepared pursuant to division (A)(7) of this        2,561        

section and shall include the recommendations of the commission    2,562        

as to legislative or other remedial action;                        2,563        

      (9)  Prepare a comprehensive educational program, in         2,565        

cooperation with the department of education, for the students of  2,566        

the public schools of this state and for all other residents of    2,567        

this state that is designed to eliminate prejudice on the basis    2,568        

of race, color, religion, sex, familial status, national origin,   2,569        

handicap DISABILITY, age, or ancestry in this state, to further    2,570        

good will among those groups, and to emphasize the origin of       2,572        

                                                          59     


                                                                 
prejudice against those groups, its harmful effects, and its       2,573        

incompatibility with American principles of equality and fair      2,574        

play;                                                              2,575        

      (10)  Receive progress reports from agencies,                2,577        

instrumentalities, institutions, boards, commissions, and other    2,578        

entities of this state or any of its political subdivisions and    2,579        

their agencies, instrumentalities, institutions, boards,           2,580        

commissions, and other entities regarding affirmative action       2,581        

programs for the employment of persons against whom                2,582        

discrimination is prohibited by this chapter, or regarding any     2,583        

affirmative housing accommodations programs developed to           2,584        

eliminate or reduce an imbalance of race, color, religion, sex,    2,585        

familial status, national origin, handicap DISABILITY, or          2,586        

ancestry.  All agencies, instrumentalities, institutions, boards,  2,588        

commissions, and other entities of this state or its political     2,589        

subdivisions, and all political subdivisions, that have            2,590        

undertaken affirmative action programs pursuant to a conciliation  2,591        

agreement with the commission, an executive order of the           2,592        

governor, any federal statute or rule, or an executive order of    2,593        

the president of the United States shall file progress reports     2,594        

with the commission annually on or before the first day of         2,595        

November.  The commission shall analyze and evaluate the progress  2,596        

reports and report its findings annually to the general assembly   2,597        

on or before the thirtieth day of January of the year immediately  2,598        

following the receipt of the reports.                              2,599        

      (B)  The commission may do any of the following:             2,601        

      (1)  Meet and function at any place within the state;        2,603        

      (2)  Initiate and undertake on its own motion                2,605        

investigations of problems of employment or housing                2,606        

accommodations discrimination;                                     2,607        

      (3)  Hold hearings, subpoena witnesses, compel their         2,609        

attendance, administer oaths, take the testimony of any person     2,610        

under oath, require the production for examination of any books    2,611        

and papers relating to any matter under investigation or in        2,612        

                                                          60     


                                                                 
question before the commission, and make rules as to the issuance  2,613        

of subpoenas by individual commissioners.                          2,614        

      (a)  In conducting a hearing or investigation, the           2,616        

commission shall have access at all reasonable times to premises,  2,617        

records, documents, individuals, and other evidence or possible    2,618        

sources of evidence and may examine, record, and copy the          2,619        

premises, records, documents, and other evidence or possible       2,620        

sources of evidence and take and record the testimony or           2,621        

statements of the individuals as reasonably necessary for the      2,622        

furtherance of the hearing or investigation.  In investigations,   2,623        

the commission shall comply with the fourth amendment to the       2,624        

United States Constitution relating to unreasonable searches and   2,625        

seizures.  The commission or a member of the commission may issue  2,626        

subpoenas to compel access to or the production of premises,       2,627        

records, documents, and other evidence or possible sources of      2,628        

evidence or the appearance of individuals, and may issue           2,629        

interrogatories to a respondent, to the same extent and subject    2,630        

to the same limitations as would apply if the subpoenas or         2,631        

interrogatories were issued or served in aid of a civil action in  2,632        

a court of common pleas.                                           2,633        

      (b)  Upon written application by a respondent, the           2,635        

commission shall issue subpoenas in its name to the same extent    2,636        

and subject to the same limitations as subpoenas issued by the     2,637        

commission.  Subpoenas issued at the request of a respondent       2,638        

shall show on their face the name and address of the respondent    2,639        

and shall state that they were issued at his THE RESPONDENT'S      2,640        

request.                                                           2,641        

      (c)  Witnesses summoned by subpoena of the commission are    2,643        

entitled to the same witness and mileage fees as are witnesses in  2,644        

proceedings in a court of common pleas.                            2,645        

      (d)  Within five days after service of a subpoena upon any   2,647        

person, the person may petition the commission to revoke or        2,648        

modify the subpoena.  The commission shall grant the petition if   2,649        

it finds that the subpoena requires an appearance or attendance    2,650        

                                                          61     


                                                                 
at an unreasonable time or place, that it requires production of   2,651        

evidence that does not relate to any matter before the             2,652        

commission, that it does not describe with sufficient              2,653        

particularity the evidence to be produced, that compliance would   2,654        

be unduly onerous, or for other good reason.                       2,655        

      (e)  In case of contumacy or refusal to obey a subpoena,     2,657        

the commission or person at whose request it was issued may        2,658        

petition for its enforcement in the court of common pleas in the   2,659        

county in which the person to whom the subpoena was addressed      2,660        

resides, was served, or transacts business.                        2,661        

      (4)  Create local or statewide advisory agencies and         2,663        

conciliation councils to aid in effectuating the purposes of this  2,664        

chapter.  The commission may itself, or it may empower these       2,665        

agencies and councils to, do either or both of the following:      2,666        

      (a)  Study the problems of discrimination in all or          2,668        

specific fields of human relationships when based on race, color,  2,669        

religion, sex, familial status, national origin, handicap          2,670        

DISABILITY, age, or ancestry;                                      2,672        

      (b)  Foster through community effort, or otherwise, good     2,674        

will among the groups and elements of the population of the        2,675        

state.                                                             2,676        

      The agencies and councils may make recommendations to the    2,678        

commission for the development of policies and procedures in       2,679        

general.  They shall be composed of representative citizens who    2,680        

shall serve without pay, except that reimbursement for actual and  2,681        

necessary traveling expenses shall be made to citizens who serve   2,682        

on a statewide agency or council.                                  2,683        

      (5)  Issue any publications and the results of               2,685        

investigations and research that in its judgment will tend to      2,686        

promote good will and minimize or eliminate discrimination         2,687        

because of race, color, religion, sex, familial status, national   2,688        

origin, handicap DISABILITY, age, or ancestry.                     2,689        

      Sec. 4112.05.  (A)  The commission, as provided in this      2,698        

section, shall prevent any person from engaging in unlawful        2,699        

                                                          62     


                                                                 
discriminatory practices, provided that, before instituting the    2,700        

formal hearing authorized by division (B) of this section, it      2,701        

shall attempt, by informal methods of conference, conciliation,    2,702        

and persuasion, to induce compliance with this chapter.            2,703        

      (B)(1)  Any person may file a charge with the commission     2,705        

alleging that another person has engaged or is engaging in an      2,706        

unlawful discriminatory practice.  In the case of a charge         2,707        

alleging an unlawful discriminatory practice described in          2,708        

division (A), (B), (C), (D), (E), (F), (G), (I), or (J) of         2,709        

section 4112.02 or in section 4112.021 or 4112.022 of the Revised  2,710        

Code, the charge shall be in writing and under oath and shall be   2,711        

filed with the commission within six months after the alleged      2,712        

unlawful discriminatory practice was committed.  In the case of a  2,713        

charge alleging an unlawful discriminatory practice described in   2,714        

division (H) of section 4112.02 of the Revised Code, the charge    2,715        

shall be in writing and under oath and shall be filed with the     2,716        

commission within one year after the alleged unlawful              2,717        

discriminatory practice was committed.                             2,718        

      (2)  Upon receiving a charge, the commission may initiate a  2,720        

preliminary investigation to determine whether it is probable      2,721        

that an unlawful discriminatory practice has been or is being      2,722        

engaged in.  The commission also may conduct, upon its own         2,723        

initiative and independent of the filing of any charges, a         2,724        

preliminary investigation relating to any of the unlawful          2,725        

discriminatory practices described in division (A), (B), (C),      2,726        

(D), (E), (F), (I), or (J) of section 4112.02 or in section        2,727        

4112.021 or 4112.022 of the Revised Code.  Prior to a              2,728        

notification of a complainant under division (B)(4) of this        2,729        

section or prior to the commencement of informal methods of        2,730        

conference, conciliation, and persuasion under that division, the  2,731        

members of the commission and the officers and employees of the    2,732        

commission shall not make public in any manner and shall retain    2,733        

as confidential all information that was obtained as a result of   2,734        

or that otherwise pertains to a preliminary investigation other    2,735        

                                                          63     


                                                                 
than one described in division (B)(3) of this section.             2,736        

      (3)(a)  Unless it is impracticable to do so and subject to   2,738        

its authority under division (B)(3)(d) of this section, the        2,739        

commission shall complete a preliminary investigation of a charge  2,740        

filed pursuant to division (B)(1) of this section that alleges an  2,741        

unlawful discriminatory practice described in division (H) of      2,742        

section 4112.02 of the Revised Code, and shall take one of the     2,743        

following actions, within one hundred days after the filing of     2,744        

the charge:                                                        2,745        

      (i)  Notify the complainant and the respondent that it is    2,747        

not probable that an unlawful discriminatory practice described    2,748        

in division (H) of section 4112.02 of the Revised Code has been    2,749        

or is being engaged in and that the commission will not issue a    2,750        

complaint in the matter;                                           2,751        

      (ii)  Initiate a complaint and schedule it for informal      2,753        

methods of conference, conciliation, and persuasion;               2,754        

      (iii)  Initiate a complaint and refer it to the attorney     2,756        

general with a recommendation to seek a temporary or permanent     2,757        

injunction or a temporary restraining order.  If this action is    2,758        

taken, the attorney general shall apply, as expeditiously as       2,759        

possible after receipt of the complaint, to the court of common    2,760        

pleas of the county in which the unlawful discriminatory practice  2,761        

allegedly occurred for the appropriate injunction or order, and    2,762        

the court shall hear and determine the application as              2,763        

expeditiously as possible.                                         2,764        

      (b)  If it is not practicable to comply with the             2,766        

requirements of division (B)(3)(a) of this section within the      2,767        

one-hundred-day period described in that division, the commission  2,768        

shall notify the complainant and the respondent in writing of the  2,769        

reasons for the noncompliance.                                     2,770        

      (c)  Prior to the issuance of a complaint under division     2,772        

(B)(3)(a)(ii) or (iii) of this section or prior to a notification  2,773        

of the complainant and the respondent under division (B)(3)(a)(i)  2,774        

of this section, the members of the commission and the officers    2,775        

                                                          64     


                                                                 
and employees of the commission shall not make public in any       2,776        

manner and shall retain as confidential all information that was   2,777        

obtained as a result of or that otherwise pertains to a            2,778        

preliminary investigation of a charge filed pursuant to division   2,779        

(B)(1) of this section that alleges an unlawful discriminatory     2,780        

practice described in division (H) of section 4112.05 of the       2,781        

Revised Code.                                                      2,782        

      (d)  Notwithstanding the types of action described in        2,784        

divisions (B)(3)(a)(ii) and (iii) of this section, prior to the    2,785        

issuance of a complaint or the referral of a complaint to the      2,786        

attorney general and prior to endeavoring to eliminate an          2,787        

unlawful discriminatory practice described in division (H) of      2,788        

section 4112.02 of the Revised Code by informal methods of         2,789        

conference, conciliation, and persuasion, the commission may seek  2,790        

a temporary or permanent injunction or a temporary restraining     2,791        

order in the court of common pleas of the county in which the      2,792        

unlawful discriminatory practice allegedly occurred.               2,793        

      (4)  If the commission determines after a preliminary        2,795        

investigation other than one described in division (B)(3) of this  2,796        

section that it is not probable that an unlawful discriminatory    2,797        

practice has been or is being engaged in, it shall notify any      2,798        

complainant under division (B)(1) of this section that it has so   2,799        

determined and that it will not issue a complaint in the matter.   2,800        

If the commission determines after a preliminary investigation     2,801        

other than the one described in division (B)(3) of this section    2,802        

that it is probable that an unlawful discriminatory practice has   2,803        

been or is being engaged in, it shall endeavor to eliminate the    2,804        

practice by informal methods of conference, conciliation, and      2,805        

persuasion.                                                        2,806        

      (5)  Nothing said or done during informal methods of         2,808        

conference, conciliation, and persuasion under this section shall  2,809        

be disclosed by any member of the commission or its staff or be    2,810        

used as evidence in any subsequent hearing or other proceeding.    2,811        

If, after a preliminary investigation and the use of informal      2,812        

                                                          65     


                                                                 
methods of conference, conciliation, and persuasion under this     2,813        

section, the commission is satisfied that any unlawful             2,814        

discriminatory practice will be eliminated, it may treat the       2,815        

charge involved as being conciliated and enter that disposition    2,816        

on the records of the commission.  If the commission fails to      2,817        

effect the elimination of an unlawful discriminatory practice by   2,818        

informal methods of conference, conciliation, and persuasion       2,819        

under this section and to obtain voluntary compliance with this    2,820        

chapter, the commission shall issue and cause to be served upon    2,821        

any person, including the respondent against whom a complainant    2,822        

has filed a charge pursuant to division (B)(1) of this section, a  2,823        

complaint stating the charges involved and containing a notice of  2,824        

an opportunity for a hearing before the commission, a member of    2,825        

the commission, or a hearing examiner at a place that is stated    2,826        

in the notice and that is located within the county in which the   2,827        

alleged unlawful discriminatory practice has occurred or is        2,828        

occurring or in which the respondent resides or transacts          2,829        

business.  The hearing shall be held not less than thirty days     2,830        

after the service of the complaint upon the complainant, the       2,831        

aggrieved persons other than the complainant on whose behalf the   2,832        

complaint is issued, and the respondent, unless the complainant,   2,833        

an aggrieved person, or the respondent elects to proceed under     2,834        

division (A)(2) of section 4112.051 of the Revised Code when that  2,835        

division is applicable.  If a complaint pertains to an alleged     2,836        

unlawful discriminatory practice described in division (H) of      2,837        

section 4112.02 of the Revised Code, the complaint shall notify    2,838        

the complainant, an aggrieved person, and the respondent of the    2,839        

right of the complainant, an aggrieved person, or the respondent   2,840        

to elect to proceed with the administrative hearing process under  2,841        

this section or to proceed under division (A)(2) of section        2,842        

4112.051 of the Revised Code.                                      2,843        

      (6)  The attorney general shall represent the commission at  2,845        

any hearing held pursuant to division (B)(5) of this section and   2,846        

shall present the evidence in support of the complaint.            2,847        

                                                          66     


                                                                 
      (7)  Any complaint issued pursuant to division (B)(5) of     2,849        

this section after the filing of a charge under division (B)(1)    2,850        

of this section shall be so issued within one year after the       2,851        

complainant filed the charge with respect to an alleged unlawful   2,852        

discriminatory practice.                                           2,853        

      (C)  Any complaint issued pursuant to division (B) of this   2,855        

section may be amended by the commission, a member of the          2,856        

commission, or the hearing examiner conducting a hearing under     2,857        

division (B) of this section, at any time prior to or during the   2,858        

hearing.  The respondent has the right to file an answer or an     2,859        

amended answer to the original and amended complaints and to       2,860        

appear at the hearing in person, by attorney, or otherwise to      2,861        

examine and cross-examine witnesses.                               2,862        

      (D)  The complainant shall be a party to a hearing under     2,864        

division (B) of this section, and any person who is an             2,865        

indispensable party to a complete determination or settlement of   2,866        

a question involved in the hearing shall be joined.  Any person    2,867        

who has or claims an interest in the subject of the hearing and    2,868        

in obtaining or preventing relief against the unlawful             2,869        

discriminatory practices complained of may be permitted, in the    2,870        

discretion of the person or persons conducting the hearing, to     2,871        

appear for the presentation of oral or written arguments.          2,872        

      (E)  In any hearing under division (B) of this section, the  2,874        

commission, a member of the commission, or the hearing examiner    2,875        

shall not be bound by the Rules of Evidence but, in ascertaining   2,876        

the practices followed by the respondent, shall take into account  2,877        

all reliable, probative, and substantial statistical or other      2,878        

evidence produced at the hearing that may tend to prove the        2,879        

existence of a predetermined pattern of employment or membership,  2,880        

provided that nothing contained in this section shall be           2,881        

construed to authorize or require any person to observe the        2,882        

proportion that persons of any race, color, religion, sex,         2,883        

familial status, national origin, handicap DISABILITY, age, or     2,884        

ancestry bear to the total population or in accordance with any    2,886        

                                                          67     


                                                                 
criterion other than the individual qualifications of the          2,887        

applicant.                                                                      

      (F)  The testimony taken at a hearing under division (B) of  2,889        

this section shall be under oath and shall be reduced to writing   2,890        

and filed with the commission.  Thereafter, in its discretion,     2,891        

the commission, upon the service of a notice upon the complainant  2,892        

and the respondent that indicates an opportunity to be present,    2,893        

may take further testimony or hear argument.                       2,894        

      (G)(1)  If, upon all reliable, probative, and substantial    2,896        

evidence presented at a hearing under division (B) of this         2,897        

section, the commission determines that the respondent has         2,898        

engaged in, or is engaging in, any unlawful discriminatory         2,899        

practice, whether against the complainant or others, the           2,900        

commission shall state its findings of fact and conclusions of     2,901        

law and shall issue and, subject to the provisions of Chapter      2,902        

119. of the Revised Code, cause to be served on the respondent an  2,903        

order requiring the respondent to cease and desist from the        2,904        

unlawful discriminatory practice, requiring the respondent to      2,905        

take any further affirmative or other action that will effectuate  2,906        

the purposes of this chapter, including, but not limited to,       2,907        

hiring, reinstatement, or upgrading of employees with or without   2,908        

back pay, or admission or restoration to union membership, and     2,909        

requiring the respondent to report to the commission the manner    2,910        

of compliance.  If the commission directs payment of back pay, it  2,911        

shall make allowance for interim earnings.  If it finds a          2,912        

violation of division (H) of section 4112.02 of the Revised Code,  2,913        

the commission additionally shall require the respondent to pay    2,914        

actual damages and reasonable attorney's fees, and may award to    2,915        

the complainant punitive damages as follows:                       2,916        

      (a)  If division (G)(1)(b) or (c) of this section does not   2,918        

apply, punitive damages in an amount not to exceed ten thousand    2,919        

dollars;                                                           2,920        

      (b)  If division (G)(1)(c) of this section does not apply    2,922        

and if the respondent has been determined by a final order of the  2,923        

                                                          68     


                                                                 
commission or by a final judgment of a court to have committed     2,924        

one violation of division (H) of section 4112.02 of the Revised    2,925        

Code during the five-year period immediately preceding the date    2,926        

on which a complaint was issued pursuant to division (B) of this   2,927        

section, punitive damages in an amount not to exceed twenty-five   2,928        

thousand dollars;                                                  2,929        

      (c)  If the respondent has been determined by a final order  2,931        

of the commission or by a final judgment of a court to have        2,932        

committed two or more violations of division (H) of section        2,933        

4112.02 of the Revised Code during the seven-year period           2,934        

immediately preceding the date on which a complaint was issued     2,935        

pursuant to division (B) of this section, punitive damages in an   2,936        

amount not to exceed fifty thousand dollars.                       2,937        

      (2)  Upon the submission of reports of compliance, the       2,939        

commission may issue a declaratory order stating that the          2,940        

respondent has ceased to engage in particular unlawful             2,941        

discriminatory practices.                                          2,942        

      (H)  If the commission finds that no probable cause exists   2,944        

for crediting charges of unlawful discriminatory practices or if,  2,945        

upon all the evidence presented at a hearing under division (B)    2,946        

of this section on a charge, the commission finds that a           2,947        

respondent has not engaged in any unlawful discriminatory          2,948        

practice against the complainant or others, it shall state its     2,949        

findings of fact and shall issue and cause to be served on the     2,950        

complainant an order dismissing the complaint as to the            2,951        

respondent.  A copy of the order shall be delivered in all cases   2,952        

to the attorney general and any other public officers whom the     2,953        

commission considers proper.                                       2,954        

      (I)  Until the time period for appeal set forth in division  2,956        

(H) of section 4112.06 of the Revised Code expires, the            2,957        

commission, subject to the provisions of Chapter 119. of the       2,958        

Revised Code, at any time, upon reasonable notice, and in the      2,959        

manner it considers proper, may modify or set aside, in whole or   2,960        

in part, any finding or order made by it under this section.       2,961        

                                                          69     


                                                                 
      Sec. 4112.08.  This chapter shall be construed liberally     2,970        

for the accomplishment of its purposes, and any law inconsistent   2,971        

with any provision of this chapter shall not apply.  Nothing       2,972        

contained in this chapter shall be considered to repeal any of     2,973        

the provisions of any law of this state relating to                2,974        

discrimination because of race, color, religion, sex, familial     2,975        

status, handicap DISABILITY, national origin, age, or ancestry,    2,976        

except that any person filing a charge under division (B)(1) of    2,978        

section 4112.05 of the Revised Code is, with respect to the        2,979        

unlawful discriminatory practices complained of, IS barred from    2,980        

instituting a civil action under section 4112.14 or division (N)   2,981        

of section 4112.02 of the Revised Code.                            2,982        

      Sec. 4117.19.  (A)  Every employee organization that is      2,991        

certified or recognized as a representative of public employees    2,992        

under Chapter 4117. of the Revised Code shall file with the state  2,993        

employment relations board a registration report, THAT IS signed   2,994        

by its president or other appropriate officer.  The report shall   2,996        

be in a form prescribed by the board and accompanied by two        2,997        

copies of the employee organization's constitution and bylaws.     2,998        

The board shall accept a filing by a statewide, national, or       2,999        

international employee organization of its constitution and        3,000        

bylaws in lieu of a filing of such THE documents by each           3,001        

subordinate organization.  The exclusive representative or other   3,003        

employee organization originally filing its constitution and       3,004        

bylaws shall report, promptly, to the board all changes or         3,005        

amendments to its constitution and bylaws.                         3,006        

      (B)  Every employee organization shall file with the board   3,008        

an annual report.  The report shall be in a form prescribed by     3,009        

the board, and shall contain the following information:            3,010        

      (1)  The names and addresses of the organization, any        3,012        

parent organization or organizations with which it is affiliated,  3,013        

and all organizationwide officers;                                 3,014        

      (2)  The name and address of its local agent for service of  3,016        

process;                                                           3,017        

                                                          70     


                                                                 
      (3)  A general description of the public employees the       3,019        

organization represents or seeks to represent;                     3,020        

      (4)  The amounts of the initiation fee and monthly dues      3,022        

members must pay;                                                  3,023        

      (5)  A pledge, in a form prescribed by the board, that the   3,025        

organization will comply with the laws of the state and that it    3,026        

will accept members without regard to age, race, color, sex,       3,027        

creed, religion, ancestry, national origin, handicap DISABILITY    3,028        

AS DEFINED IN SECTION 4112.01 OF THE REVISED CODE, or physical     3,029        

disability as provided by law;                                     3,030        

      (6)  A financial report.                                     3,032        

      (C)  The constitution or bylaws of every employee            3,034        

organization shall DO ALL OF THE FOLLOWING:                        3,035        

      (1)  Require that the organization keep accurate accounts    3,037        

of all income and expenses, prepare an annual financial report,    3,038        

keep open for inspection by any member of the organization its     3,039        

accounts, and make loans to officers and agents only on terms and  3,040        

conditions available to all members;                               3,041        

      (2)  Prohibit business or financial interests of its         3,043        

officers and agents, their spouses, minor children, parents, or    3,044        

otherwise, in conflict with the fiduciary obligation of such       3,045        

persons to the organization;                                       3,046        

      (3)  When specifically requested by the board, require       3,048        

every official who is designated as a fiscal officer of an         3,049        

employee organization and who is responsible for funds or other    3,050        

property of the organization or trust in which an organization is  3,051        

interested, or a subsidiary organization be bonded with the        3,052        

amount, scope, and form of the bond determined by the board;       3,053        

      (4)  Require periodic elections of officers by secret        3,055        

ballot subject to recognized safeguards concerning the equal       3,056        

right of all members to nominate, seek office, and vote in the     3,057        

elections, the right of individual members to participate in the   3,058        

affairs of the organization, and fair and equitable procedures in  3,059        

disciplinary actions.                                              3,060        

                                                          71     


                                                                 
      (D)  The board shall prescribe rules necessary to govern     3,062        

the establishment and reporting of trusteeships over employee      3,063        

organizations.  The establishment of trusteeships is permissible   3,064        

only if the constitution or bylaws of the organization set forth   3,065        

reasonable procedures.                                             3,066        

      (E)  The board may withhold certification of an employee     3,068        

organization that willfully refuses to register or file an annual  3,069        

report, or that willfully refuses to comply with other provisions  3,070        

of this section.  The board may revoke a certification of an       3,071        

employee organization for willfully failing to comply with this    3,072        

section.  The board may enforce the prohibitions contained in      3,073        

this section by petitioning the court of common pleas of the       3,074        

county in which the violation occurs for an injunction.  Persons   3,075        

complaining of A violation of this section shall file the          3,076        

complaint with the board.                                          3,077        

      (F)  Upon the written request to the board of any member of  3,079        

a certified employee organization and where the board determines   3,080        

the necessity for an audit, the board may require the employee     3,081        

organization to provide a certified audit of its financial         3,082        

records.                                                           3,083        

      (G)  Any employee organization subject to the                3,085        

"Labor-Management Reporting and Disclosure Act of 1959," 73 Stat.  3,086        

519, 29 U.S.C.A., 401, as amended, may file copies with the board  3,087        

of all reports it is required to file under that act in lieu of    3,088        

compliance with all parts of this section other than division (A)  3,089        

of this section.  The board shall accept a filing by a statewide,  3,090        

national, or international employee organization of its reports    3,091        

in lieu of a filing of such reports by each subordinate            3,092        

organization.                                                      3,093        

      Sec. 4735.16.  (A)  Every real estate broker licensed under  3,102        

this chapter shall have and maintain a definite place of business  3,103        

in this state and shall erect or maintain a sign on the premises   3,104        

plainly stating that the licensee is a real estate broker.  If     3,105        

the real estate broker maintains one or more branch offices, he    3,106        

                                                          72     


                                                                 
THE REAL ESTATE BROKER shall erect or maintain a sign at each      3,107        

branch office plainly stating that the licensee is a real estate   3,108        

broker.                                                                         

      (B)  Any licensed real estate broker or salesman             3,110        

SALESPERSON who advertises to buy, sell, exchange, or lease real   3,111        

estate, including, but not limited to, any licensed real estate    3,112        

broker or salesman SALESPERSON who advertises to sell, exchange,   3,113        

or lease real estate that he THE LICENSEE owns, shall be           3,115        

identified in the advertisement by name and by indicating that he  3,117        

THE LICENSEE is a real estate broker or real estate salesman       3,119        

SALESPERSON.  Except a real estate salesman SALESPERSON who        3,120        

advertises the sale, exchange, or lease of real estate that he     3,121        

THE SALESPERSON owns and that is not listed for sale, exchange,    3,122        

or lease with a real estate broker, any real estate salesman       3,123        

SALESPERSON who advertises, as provided in this section, also      3,125        

shall indicate in his THE advertisement the name of the broker     3,127        

under whom he THE SALESPERSON is licensed and the fact that his    3,128        

THE SALESPERSON'S broker is a real estate broker.  The name of     3,129        

the broker shall be displayed in equal prominence with the name    3,130        

of the salesman SALESPERSON in the advertisement.                  3,131        

      Any real estate broker or real estate salesman SALESPERSON   3,133        

who advertises in a manner other than as provided in this section  3,134        

is guilty of violating division (A)(21) of section 4735.18 of the  3,135        

Revised Code.                                                      3,136        

      (C)  A real estate broker or salesman SALESPERSON obtaining  3,138        

the signature of a party to a listing or other agreement involved  3,139        

in a real estate transaction shall furnish a copy of the listing   3,140        

or other agreement to the party immediately after obtaining his    3,141        

THE PARTY'S signature.  Every broker's office shall prominently    3,142        

display in the same immediate area as licenses are displayed a     3,143        

statement that it is illegal to discriminate against any person    3,144        

because of race, color, religion, sex, familial status, as         3,145        

defined in section 4112.01 of the Revised Code, national origin,   3,146        

handicap, DISABILITY as defined in that section, or ancestry in    3,148        

                                                          73     


                                                                 
the sale or rental of housing or residential lots, in advertising  3,149        

the sale or rental of housing, in the financing of housing, or in  3,150        

the provision of real estate brokerage services, and that          3,151        

blockbusting also is illegal. The statement shall bear the United  3,152        

States department of housing and urban development equal housing   3,153        

logo and also, shall contain the information that the broker and   3,154        

his salesmen THE BROKER'S SALESPERSONS are licensed by the         3,155        

division of real estate and that the division can assist with any  3,156        

consumer complaints or inquiries, and shall explain the            3,157        

provisions of section 4735.12 of the Revised Code.  The statement  3,158        

shall provide the division's address and telephone number.  The    3,159        

Ohio real estate commission shall provide by rule for the wording  3,160        

and size of the statement.  The pamphlet required under section    3,161        

4735.03 of the Revised Code shall contain the same statement that  3,162        

is required on the statement displayed as provided in this         3,163        

section and shall be made available by real estate brokers and     3,164        

salesmen SALESPERSONS to their clients.  The commission shall      3,165        

provide the wording and size of the pamphlet.                      3,166        

      Sec. 4735.55.  (A)  Each written agency agreement shall      3,175        

contain all of the following:                                      3,176        

      (1)  An expiration date;                                     3,178        

      (2)  A statement that it is illegal, pursuant to the Ohio    3,180        

fair housing law, division (H) of section 4112.02 of the Revised   3,181        

Code, and the federal fair housing law, 42 U.S.C.A. 3601, to       3,183        

refuse to sell, transfer, assign, rent, lease, sublease, or        3,185        

finance housing accommodations, refuse to negotiate for the sale   3,186        

or rental of housing accommodations, or otherwise deny or make     3,187        

unavailable housing accommodations because of race, color,         3,188        

religion, sex, familial status AS DEFINED IN SECTION 4112.01 OF    3,189        

THE REVISED CODE, ancestry, handicap DISABILITY AS DEFINED IN                   

THAT SECTION, or national origin; or to so discriminate in         3,191        

advertising the sale or rental of housing, in the financing of     3,192        

housing, or in the provision of real estate brokerage services;    3,193        

      (3)  A statement defining the practice known as              3,195        

                                                          74     


                                                                 
"blockbusting" and stating that it is illegal;                     3,196        

      (4)  A copy of the United States department of housing and   3,198        

urban development equal housing opportunity logotype, as set       3,199        

forth in 24 C.F.R. 109.30.                                                      

      (B)  Each written agency agreement shall contain a place     3,201        

for the licensee and the client to sign and date the agreement.    3,202        

      (C)  A licensee shall furnish a copy of any written agency   3,205        

agreement to a client in a timely manner after the licensee and    3,206        

the client have signed and dated it.                                            

      Sec. 4757.07.  The counselor and social worker board and     3,215        

its professional standards committees shall not discriminate       3,216        

against any licensee, registrant, or applicant for a license or    3,217        

certificate of registration under this chapter because of the      3,218        

person's race, color, religion, sex, national origin, handicap     3,219        

DISABILITY AS DEFINED IN SECTION 4112.01 OF THE REVISED CODE, or   3,220        

age.  The board or committee, as appropriate, shall afford a       3,221        

hearing to any person who files with the board or committee a                   

statement alleging discrimination based on any of those reasons.   3,222        

      Sec. 5119.61.  Any provision in this chapter that refers to  3,231        

a board of alcohol, drug addiction, and mental health services     3,232        

also refers to the community mental health board in an alcohol,    3,233        

drug addiction, and mental health service district that has a      3,234        

community mental health board.                                     3,235        

      The director of mental health with respect to all            3,237        

facilities and programs established and operated under Chapter     3,238        

340. of the Revised Code for mentally ill and emotionally          3,239        

disturbed persons, shall DO ALL OF THE FOLLOWING:                  3,240        

      (A)  Make such rules pursuant to Chapter 119. of the         3,242        

Revised Code as THAT may be necessary to carry out the purposes    3,243        

of Chapter 340. and sections 5119.61 to 5119.63 of the Revised     3,245        

Code;                                                                           

      (B)  Adopt rules requiring each public or private agency     3,247        

providing mental health services or facilities under a contract    3,248        

with a board of alcohol, drug addiction, and mental health         3,249        

                                                          75     


                                                                 
services and any program operated by such a board to have a        3,250        

written policy that addresses the rights of clients including ALL  3,251        

OF THE FOLLOWING:                                                  3,252        

      (1)  The right to a copy of the agency's policy of client    3,254        

rights;                                                            3,255        

      (2)  The right at all times to be treated with               3,257        

consideration and respect for his THE CLIENT'S privacy and         3,258        

dignity;                                                           3,259        

      (3)  The right to have access to his THE CLIENT'S own        3,261        

psychiatric, medical, or other treatment records unless access is  3,262        

specifically restricted in the client's treatment plan for clear   3,263        

treatment reasons;                                                 3,264        

      (4)  The right to have a client rights officer provided by   3,266        

the board or agency advise him THE CLIENT of his THE CLIENT'S      3,268        

rights, including his THE CLIENT'S rights under Chapter 5122. of   3,269        

the Revised Code if he THE CLIENT is committed to the board or     3,270        

agency.                                                                         

      (C)  Require each board of alcohol, drug addiction, and      3,272        

mental health services to ensure that each contract agency         3,273        

establishes grievance procedures available to all recipients of    3,274        

services or applicants for services;                               3,275        

      (D)  Define minimum standards for qualifications of          3,277        

personnel, professional services, and mental health                3,279        

professionals, as that term is defined in section 340.02 of the                 

Revised Code;                                                      3,280        

      (E)  Review and evaluate, and, taking into account the       3,282        

findings and recommendations of the board of alcohol, drug         3,283        

addiction, and mental health services of the district served by    3,284        

the program and the requirements and priorities of the state       3,285        

mental health plan, including the needs of residents of the        3,286        

district now residing in state mental institutions, approve and    3,287        

allocate funds to support community programs, and make             3,288        

recommendations for needed improvements to boards of alcohol,      3,289        

drug addiction, and mental health services;                        3,290        

                                                          76     


                                                                 
      (F)  Withhold state and federal funds for any program, in    3,292        

whole or in part, from a board of alcohol, drug addiction, and     3,293        

mental health services in the event of failure of that program to  3,294        

comply with Chapter 340. or section 5119.61 or 5119.62 of the      3,295        

Revised Code or rules of the department of mental health.  The     3,296        

director shall identify the areas of noncompliance and the action  3,297        

necessary to achieve compliance.  The director shall offer         3,298        

technical assistance to the board to achieve compliance.  The      3,299        

director shall give the board a reasonable time within which to    3,300        

comply or to present its position that it is in compliance.        3,301        

Before withholding funds, a hearing shall be conducted to          3,302        

determine if there are continuing violations and that either       3,303        

assistance is rejected or the board is unable to achieve           3,304        

compliance.  Subsequent to the hearing process, if it is           3,305        

determined that compliance has not been achieved, the director     3,306        

may allocate all or part of the withheld funds to a public or      3,307        

private agency, to provide the services not in compliance, until   3,308        

such THE time as THAT there is compliance.  The director shall     3,310        

establish rules pursuant to Chapter 119. of the Revised Code to    3,311        

implement this division.                                           3,312        

      (G)  Withhold state or federal funds from a board of         3,314        

alcohol, drug addiction, and mental health services that denies    3,315        

available service on the basis of religion, race, color, creed,    3,316        

sex, national origin, age, physical or mental handicap DISABILITY  3,317        

AS DEFINED IN SECTION 4112.01 OF THE REVISED CODE, developmental   3,319        

disability, or the inability to pay;                                            

      (H)  Provide consultative services to community mental       3,321        

health programs, with the knowledge and cooperation of the board   3,322        

of alcohol, drug addiction, and mental health services;            3,323        

      (I)  Provide to boards of alcohol, drug addiction, and       3,325        

mental health services state or federal funds, in addition to      3,326        

those allocated under section 5119.62 of the Revised Code, for     3,327        

special programs or projects the director considers necessary,     3,328        

but for which local funds are not available;                       3,329        

                                                          77     


                                                                 
      (J)  Establish criteria by which a board of alcohol, drug    3,331        

addiction, and mental health services reviews and evaluates the    3,332        

quality, effectiveness, and efficiency of services provided        3,333        

through its community mental health plan.  The department shall    3,334        

assess a board's evaluation of services and the compliance of      3,335        

each board with this section, Chapter 340., or section 5119.62 of  3,336        

the Revised Code, and other state or federal law and regulations.  3,337        

The department, in cooperation with the board, periodically shall  3,338        

review and evaluate the quality, effectiveness, and efficiency of  3,339        

services provided through each board.  The department shall        3,340        

collect such information as THAT is necessary to perform these     3,342        

functions.                                                         3,343        

      (K)  Develop and operate a community mental health           3,345        

information system.                                                3,346        

      Boards of alcohol, drug abuse, and mental health services    3,348        

shall submit information requested by the department in the form   3,349        

and manner prescribed by the department.  Information collected    3,350        

by the department shall include, but not be limited to, ALL OF     3,352        

THE FOLLOWING:                                                                  

      (1)  Information regarding units of services provided in     3,354        

whole or in part under contract with a board, including diagnosis  3,355        

and special needs, demographic information, the number of units    3,356        

of service provided, past treatment, financial status, and         3,357        

service dates in accordance with rules adopted by the department   3,358        

in accordance with Chapter 119. of the Revised Code;               3,359        

      (2)  Financial information other than price or               3,361        

price-related data regarding expenditures of boards and community  3,362        

mental health agencies, including units of service provided,       3,363        

budgeted and actual expenses by type, and sources of funds.        3,364        

      Boards shall submit the information specified in division    3,366        

(K)(1) of this section no less frequently than annually for each   3,367        

client, and each time the client's case is opened or closed.  The  3,368        

department shall not collect any information for the purpose of    3,369        

identifying by name any person who receives a service through a    3,370        

                                                          78     


                                                                 
board of alcohol, drug addiction, and mental health services,      3,371        

except as required by state or federal law to validate             3,372        

appropriate reimbursement.  For the purposes of division (K)(1)    3,373        

of this section, the department shall use an identification        3,374        

system that is consistent with applicable nationally recognized    3,375        

standards.                                                         3,376        

      (L)  Review each board's plan submitted pursuant to section  3,378        

340.03 of the Revised Code and approve or disapprove it in whole   3,379        

or in part.  Periodically, in consultation with representatives    3,380        

of boards and after considering the recommendations of the         3,381        

medical director, the director shall issue criteria for            3,382        

determining when a plan is complete, criteria for plan approval    3,383        

or disapproval, and provisions for conditional approval.  The      3,384        

factors that the director considers may include, but are not       3,385        

limited to, the following:                                         3,386        

      (1)  The mental health needs of all persons residing within  3,388        

the board's service district, especially severely mentally         3,389        

disabled children, adolescents, and adults;                        3,390        

      (2)  The demonstrated quality, effectiveness, efficiency,    3,392        

and cultural relevance of the services provided in each service    3,393        

district, the extent to which any services are duplicative of      3,394        

other available services, and whether the services meet the needs  3,395        

identified above;                                                  3,396        

      (3)  The adequacy of the board's accounting for the          3,398        

expenditure of funds.                                              3,399        

      If the director disapproves all or part of any plan, he THE  3,401        

DIRECTOR shall provide the board an opportunity to present its     3,402        

position. The director shall inform the board of the reasons for   3,403        

the disapproval and of the criteria that must be met before the    3,404        

plan may be approved.  The director shall give the board a         3,405        

reasonable time within which to meet the criteria, and shall       3,406        

offer technical assistance to the board to help it meet the        3,407        

criteria.                                                                       

      If the approval of a plan remains in dispute thirty days     3,409        

                                                          79     


                                                                 
prior to the conclusion of the fiscal year in which the board's    3,410        

current plan is scheduled to expire, the board or the director     3,411        

may request that the dispute be submitted to a mutually agreed     3,412        

upon third-party mediator with the cost to be shared by the board  3,413        

and the department.  The mediator shall issue to the board and     3,414        

the department recommendations for resolution of the dispute.      3,415        

Prior to the conclusion of the fiscal year in which the current    3,416        

plan is scheduled to expire, the director, taking into             3,417        

consideration the recommendations of the mediator, shall make a    3,418        

final determination and approve or disapprove the plan, in whole   3,419        

or in part.                                                        3,420        

      (M)  Visit and evaluate any community mental health          3,422        

program, agency, or facility, in cooperation with a board of       3,423        

alcohol, drug addiction, and mental health services, to determine  3,424        

if the services meet minimum standards pursuant to division (G)    3,425        

of section 5119.01 of the Revised Code.  If the director           3,426        

determines that the services meet minimum standards, he THE        3,427        

DIRECTOR shall so certify.                                         3,428        

      If the director determines that the services of any          3,430        

program, agency, or facility that has a contract with a board do   3,431        

not meet minimum standards, he THE DIRECTOR shall identify the     3,432        

areas of noncompliance, specify what action is necessary to meet   3,434        

the standards, and offer technical assistance to the board so      3,435        

that it may assist the program, agency, or facility to meet        3,436        

minimum standards.  The director shall give the board a            3,437        

reasonable time within which to demonstrate that the services      3,438        

meet minimum standards or to bring the program or facility into    3,439        

compliance with the standards.  If the director concludes that     3,440        

the services continue to fail to meet minimum standards, the       3,441        

director may request that the board reallocate the funds for       3,442        

those services to another program, agency, or facility which       3,443        

meets minimum standards.  If the board does not reallocate those   3,444        

funds in a reasonable period of time, the director may withhold    3,445        

state and federal funds for the services and allocate those funds  3,446        

                                                          80     


                                                                 
directly to a public or private agency that meets minimum          3,447        

standards.                                                                      

      Each program, agency, and facility shall pay a fee for the   3,449        

certification review required by this division.  Fees shall be     3,450        

paid into the sale of goods and services fund created pursuant to  3,451        

section 5119.161 of the Revised Code.                              3,452        

      The director shall adopt rules under Chapter 119. of the     3,454        

Revised Code to implement this division.  The rules shall do all   3,455        

of the following:                                                  3,456        

      (1)  Establish the process for certification of services of  3,458        

programs, agencies, or facilities;                                 3,459        

      (2)  Set the amount of certification review fees based on a  3,461        

portion of the cost of performing the review;                      3,462        

      (3)  Specify the type of notice and hearing to be provided   3,464        

prior to a decision whether to reallocate funds.                   3,465        

      Sec. 5123.351.  The director of mental retardation and       3,474        

developmental disabilities, with respect to the eligibility for    3,475        

state reimbursement of expenses incurred by facilities and         3,476        

programs established and operated under Chapter 5126. of the       3,477        

Revised Code for mentally retarded and developmentally disabled    3,478        

persons, shall DO ALL OF THE FOLLOWING:                            3,479        

      (A)  Make such rules as THAT may be necessary to carry out   3,482        

the purposes of Chapter 5126. and sections 5123.35, 5123.351, and  3,483        

5123.36 of the Revised Code;                                       3,484        

      (B)  Define minimum standards for qualifications of          3,486        

personnel, professional services, and in-service training and      3,487        

educational leave programs;                                        3,488        

      (C)  Review and evaluate community programs and make         3,490        

recommendations for needed improvements to county boards of        3,491        

mental retardation and developmental disabilities and to program   3,492        

directors;                                                         3,493        

      (D)  Withhold state reimbursement, in whole or in part,      3,495        

from any county or combination of counties for failure to comply   3,496        

with Chapter 5126. or section 5123.35 or 5123.351 of the Revised   3,497        

                                                          81     


                                                                 
Code or rules of the department of mental retardation and          3,498        

developmental disabilities;                                        3,499        

      (E)  Withhold state funds from an agency, corporation, or    3,501        

association denying or rendering service on the basis of race,     3,502        

color, sex, religion, ancestry, national origin, handicap          3,503        

DISABILITY AS DEFINED IN SECTION 4112.01 OF THE REVISED CODE, or   3,504        

inability to pay;                                                  3,505        

      (F)  Provide consultative staff service to communities to    3,507        

assist in ascertaining needs and in planning and establishing      3,508        

programs.                                                          3,509        

      Section 2.  That existing sections 124.93, 125.111, 153.59,  3,511        

175.05, 175.06, 176.04, 176.06, 306.43, 717.01, 1501.012,          3,512        

2927.03, 3781.111, 4112.01, 4112.02, 4112.021, 4112.022, 4112.04,  3,514        

4112.05, 4112.08, 4117.19, 4735.16, 4735.55, 4757.07, 5119.61,     3,515        

and 5123.351 of the Revised Code are hereby repealed.