As Reported by House State Government Committee 1
123rd General Assembly 4
Regular Session Am. 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
BARNES-AUSTRIA 12
_________________________________________________________________ 13
A B I L L
To amend sections 124.93, 125.111, 153.59, 175.05, 15
175.06, 176.04, 176.06, 306.43, 717.01, 1501.012, 16
2927.03, 3781.111, 4112.01, 4112.02, 4112.021, 17
4112.022, 4112.04, 4112.05, 4112.08, 4117.19, 18
4735.16, 4735.55, 4757.07, 5119.61, and 5123.351 19
of the Revised Code to substitute the term 20
"disability" for the term "handicap" in the law 21
pertaining to the Ohio Civil Rights Commission 22
and certain other related laws. 23
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 25
Section 1. That sections 124.93, 125.111, 153.59, 175.05, 27
175.06, 176.04, 176.06, 306.43, 717.01, 1501.012, 2927.03, 28
3781.111, 4112.01, 4112.02, 4112.021, 4112.022, 4112.04, 4112.05, 30
4112.08, 4117.19, 4735.16, 4735.55, 4757.07, 5119.61, and 31
5123.351 of the Revised Code be amended to read as follows:
Sec. 124.93. (A) As used in this section, "physician" 40
means any person who holds a valid certificate to practice 41
medicine and surgery or osteopathic medicine and surgery issued 42
under Chapter 4731. of the Revised Code. 43
(B) No health insuring corporation that, on or after July 47
1, 1993, enters into or renews a contract with the department of 49
administrative services under section 124.82 of the Revised Code 50
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shall, because of a physician's race, color, religion, sex, 51
national origin, handicap DISABILITY AS DEFINED IN SECTION 52
4112.01 OF THE REVISED CODE, age, or ancestry, SHALL refuse to 53
contract with that physician for the provision of health care 54
services under that section 124.82 OF THE REVISED CODE. 55
Any health insuring corporation that violates this division 58
is deemed to have engaged in an unlawful discriminatory practice 59
as defined in section 4112.02 of the Revised Code and is subject 60
to Chapter 4112. of the Revised Code.
(C) Each health insuring corporation that, on or after 63
July 1, 1993, enters into or renews a contract with the 66
department of administrative services under section 124.82 of the 67
Revised Code and that refuses to contract with a physician for 68
the provision of health care services under that section shall 69
provide that physician with a written notice that clearly 70
explains the reason or reasons for the refusal. The notice shall 71
be sent to the physician by regular mail within thirty days after 72
the refusal.
Any health insuring corporation that fails to provide 75
notice in compliance with this division is deemed to have engaged 76
in an unfair and deceptive act or practice in the business of
insurance as defined in section 3901.21 of the Revised Code and 77
is subject to sections 3901.19 to 3901.26 of the Revised Code. 78
Sec. 125.111. (A) Every contract for or on behalf of the 87
state or any of its political subdivisions for any purchase shall 88
contain provisions similar to those required by section 153.59 of 89
the Revised Code in the case of construction contracts by which 90
the contractor agrees to both of the following: 91
(1) That, in the hiring of employees for the performance 93
of work under the contract or any subcontract, no contractor or 94
subcontractor shall, by reason of race, color, religion, sex, 95
age, handicap DISABILITY AS DEFINED IN SECTION 4112.01 OF THE 96
REVISED CODE, national origin, or ancestry, SHALL discriminate 97
against any citizen of this state in the employment of a person 98
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qualified and available to perform the work to which the contract 99
relates;
(2) That no contractor, subcontractor, or any person 101
acting on behalf of any contractor or subcontractor shall, in any 102
manner, SHALL discriminate against, intimidate, or retaliate 103
against any employee hired for the performance of work under the 104
contract on account of race, color, religion, sex, age, handicap 105
DISABILITY AS DEFINED IN SECTION 4112.01 OF THE REVISED CODE, 106
national origin, or ancestry. 107
(B) All contractors from whom the state or any of its 109
political subdivisions make purchases shall have a written 110
affirmative action program for the employment and effective 111
utilization of economically disadvantaged persons, as defined in 112
section 122.71 of the Revised Code. Annually, each such 113
contractor shall file a description of the affirmative action 114
program and a progress report on its implementation with the Ohio 115
civil rights commission and the minority business development 116
office established under section 122.92 of the Revised Code. 117
Sec. 153.59. Every contract for or on behalf of the state, 126
or any township, county, or municipal corporation thereof OF THE 127
STATE, for the construction, alteration, or repair of any public 129
building or public work in the state shall contain provisions by 130
which the contractor agrees TO BOTH OF THE FOLLOWING: 131
(A) That, in the hiring of employees for the performance 133
of work under this THE contract or any subcontract, no 134
contractor, subcontractor, or any person acting on his A 135
CONTRACTOR'S OR SUBCONTRACTOR'S behalf shall, by reason of race, 137
creed, sex, handicap DISABILITY AS DEFINED IN SECTION 4112.01 OF 138
THE REVISED CODE, or color, SHALL discriminate against any 139
citizen of the state in the employment of labor or workers who is 140
qualified and available to perform the work to which the 141
employment relates;
(B) That no contractor, subcontractor, nor OR any person 143
on his A CONTRACTOR'S OR SUBCONTRACTOR'S behalf shall, in any 145
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manner, SHALL discriminate against or intimidate any employee 147
hired for the performance of work under this THE contract on 148
account of race, creed, sex, handicap DISABILITY AS DEFINED IN 150
SECTION 4112.01 OF THE REVISED CODE, or color;
(C) The department of administrative services shall ensure 152
that no capital moneys appropriated by the general assembly for 153
any purpose shall be expended unless the project for which such 154
THOSE moneys are appropriated provides for an affirmative action 156
program for the employment and effective utilization of 157
disadvantaged persons whose disadvantage may arise from cultural, 158
racial, or ethnic background, or other similar cause, including, 159
without limitation BUT NOT LIMITED TO, race, religion, sex, 160
handicap DISABILITY AS DEFINED IN SECTION 4112.01 OF THE REVISED 161
CODE, national origin, or ancestry. 162
In awarding contracts for capital improvement projects, the 164
department shall ensure that equal consideration be given to 165
contractors, subcontractors, or joint venturers who qualify as a 166
minority business enterprise. As used in this section, "minority 167
business enterprise" means a business enterprise that is owned or 168
controlled by one or more socially or economically disadvantaged 169
persons who are residents of this state. "Socially or 170
economically disadvantaged persons" means persons, regardless of 171
marital status, who are members of groups whose disadvantage may 172
arise from discrimination on the basis of race, religion, sex, 173
handicap DISABILITY AS DEFINED IN SECTION 4112.01 OF THE REVISED 174
CODE, national origin, or ancestry, or other similar cause. Such 176
persons include, but are not limited to, Negroes, Puerto Ricans, 177
Spanish-speaking Americans, American Indians, Eskimos, and 178
Aleuts.
Sec. 175.05. (A) The Ohio housing finance agency may 187
purchase, and contract to purchase, mortgage loans or other 188
evidence of debt from lending institutions upon the terms and 189
conditions that the agency shall determine, and all lending 190
institutions are authorized to sell to, or otherwise obtain 191
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mortgage loans as agent for, the agency in accordance with this 192
chapter. 193
(B) The agency may provide in agreements with lending 195
institutions and in loan documents requirements applicable to the 196
purchase of mortgage loans to carry out the purposes of this 197
chapter, including, but not limited to, the following: 198
(1) Qualifications of lending institutions from which 200
mortgage loans may be acquired; 201
(2) The time periods within which lending institutions 203
must make commitments for, originate, and close mortgage loans, 204
and deliver them for purchase; 205
(3) The location and other characteristics of 207
single-family residential housing to be financed by mortgage 208
loans; 209
(4) The terms and conditions of mortgage loans to be 211
purchased; 212
(5) The amounts and types of insurance coverage required 214
on single-family residential housing and mortgage loans; 215
(6) The representations and warranties to be required of 217
lending institutions, private insurers, and other parties; 218
(7) Restrictions as to interest rates and other terms of 220
mortgage loans and the net effective interest rate on the 221
mortgage loans; 222
(8) The type and amount of collateral security to be 224
provided to assure repayment of any mortgage loan. 225
(C) The agency shall include in agreements with lending 227
institutions requirements applicable to the purchase of mortgage 228
loans or other evidence of debt as the agency considers necessary 229
or desirable in order to ensure that the single-family 230
residential housing financed by the mortgage loans is safe and 231
sanitary. 232
(D)(1) In connection with the issuance of any issue of 234
bonds to provide funds to purchase mortgage loans or other 235
evidence of debt, the agency shall provide for the reasonable 236
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availability of the funds on an equitable, statewide basis, and 237
without discrimination by reason of race, color, ancestry, 238
national origin, religion, sex, familial status, as defined in 239
section 4112.01 of the Revised Code, or handicap, DISABILITY as 240
defined in that section. Except as otherwise provided in 242
division (D)(2) of this section, the agency shall provide for 243
making not less than twenty per cent of the moneys for mortgage 245
loans from each issue of bonds available for not less than one 246
year for mortgage loans in targeted areas as described in section 247
143(j) of the Internal Revenue Code, including areas of chronic 248
economic distress as designated and confirmed under division (F) 249
of this section. The agency shall solicit commitments from all 251
qualified lending institutions and shall accord priorities to 252
commitments proffered for mortgage loans up to amounts for each 253
county which bear the same ratio to the moneys from the bond 254
issue available for mortgage loans as the population of that 255
county bears to the population of the state, using the most 256
recent available statewide census data as determined by the 257
agency. The priorities shall be accorded for periods determined 258
by the agency and subject to availabilities to be accorded to 259
targeted areas and areas of chronic economic distress, and, 260
within the priorities, the agency may establish priorities for 261
stated purposes including, but not limited to, for new 262
construction, rehabilitation, or home improvements, as the agency 263
may determine upon consideration of any preferences that may be 264
indicated from the local community. Any amounts given the 265
priorities which THAT are not claimed by commitments, origination 267
of loans, or loan closings within the time prescribed by the 268
agency may be reallocated in a manner that places the maximum 269
amount of the funds on an equitable basis and that achieves THE 270
broadest distribution to the extent practical, as the agency may 271
determine or authorize to be determined. If two or more 272
qualified lending institutions commit for aggregate amounts in 273
excess of allocations, the agency shall accept commitments in 274
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amounts adjusted on an equitable basis, as it determines, subject 275
to minimums prescribed by the agency and consideration of the 276
efficiency of placement of the moneys in mortgage loans. All 277
allocations made by or pursuant to authorization by the agency 278
shall be conclusive. 279
(2) The requirement of division (D)(1) of this section 281
that funds be allocated on a county-by-county basis according to 282
population does not apply to the allocation of funds for new 283
construction if the agency determines that there is an imbalance 284
of statewide demand for funds for new construction. The agency 285
shall take reasonable measures to invite statewide demand for 286
such funds before making the determination, and such invitation
shall remain open for a period of not less than thirty days 287
before the determination is made. If the agency determines that 288
the requirement does not apply, it shall allocate the funds for 289
new construction on an equitable basis among all of the counties 290
in which a demand is expressed.
(E) The agency is the sole entity in the state authorized 292
to issue bonds for the purpose of financing purchase, other than 293
lease-purchase, of single-family residential housing, and the 294
agency is hereby authorized to issue the bonds up to the full 295
amount permitted to be issued in the state by law. 296
(F) The director of development may designate areas within 298
the state as areas of chronic economic distress within the 299
meaning of section 143(j) of the Internal Revenue Code, the 300
designation to be confirmed by the agency or, if not so 301
confirmed, revised and resubmitted by the director to the agency 302
for confirmation. 303
(G) Lending institutions are authorized to comply with 305
requirements pursuant to this section notwithstanding other 306
restrictions in law or rules. 307
(H)(1) If any applicant for a mortgage loan under this 309
section has reason to believe that the applicant's application 311
was denied unlawfully, the applicant may appeal the action to the 312
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agency within thirty days after the applicant's application is 314
denied. The applicant shall take an appeal by filing a notice of 316
appeal with the agency. The notice of appeal shall set forth the 317
name and address of the applicant, the name and address of the 318
lending institution, the grounds upon which the applicant 319
believes that his THE application was unlawfully denied, and any 320
other information that the agency requires by rule. A copy of 321
the application shall be attached to the notice of appeal. 322
(2) Upon an appeal, the agency shall issue an order, 324
pursuant to an adjudication conducted in accordance with Chapter 325
119. of the Revised Code, affirming the denial of the application 326
or ordering the lending institution to grant the application. 327
Any party who is adversely affected by the issuance of an 328
adjudication order under this division may appeal to the court of 329
common pleas of the county in which the application was made in 330
accordance with section 119.12 of the Revised Code. 331
Sec. 175.06. (A) The Ohio housing finance agency may 340
make, and contract to make, loans to, or through, lending 341
institutions to finance the acquisition, construction, 342
improvement, and rehabilitation of multifamily residential 343
housing on terms and conditions that the agency shall determine, 344
and all. ALL lending institutions are authorized to borrow from 346
the agency in accordance with this section, provided that a 347
separate issue of bonds may be authorized for loans to, or 348
through, lending institutions with respect to multifamily 349
residential housing that shares a common site, ownership, and 350
security interest, and constitutes a single multifamily 351
residential housing project. 352
(B) The agency may purchase, and contract to purchase, 354
from lending institutions loans or other evidence of debt to 355
finance the acquisition, construction, improvement, and 356
rehabilitation of multifamily residential housing on terms and 357
conditions that the agency shall determine, and all lending 358
institutions are authorized to sell the loans to the agency in 359
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accordance with this section. 360
(C) The agency shall require, as a condition of each loan 362
made to, or through, a lending institution pursuant to this 363
section, that the lending institution use the loan proceeds to 364
make new loans in an aggregate principal amount at least equal to 365
the amount of the loan to finance the acquisition, construction, 366
improvement, and rehabilitation of multifamily residential 367
housing. 368
(D) The agency also shall require that the owners of 370
multifamily residential housing, the acquisition, construction, 371
improvements, or rehabilitation of which is financed by loans 372
purchased by the agency, or with the proceeds of loans made by 373
the agency pursuant to this section, demonstrate to the 374
satisfaction of the agency that the multifamily residential 375
housing is safe and sanitary, and the occupants of the 376
multifamily residential housing will benefit from the savings in 377
the cost of money to the lending institutions and the owners 378
resulting from the loans or proceeds from them. Determinations 379
by the agency with respect to those matters shall be deemed 380
conclusive. 381
(E) The interest rate or rates and other terms of loans 383
made or purchased by the agency pursuant to this section with the 384
proceeds of any issue of bonds, together with any other moneys 385
available for the payment of the bonds and the interest on them, 386
including reserve funds, shall be at least sufficient to assure 387
the payment of the bonds and the interest on them as they become 388
due. 389
(F) The agency may require that each lending institution 391
receiving a loan pursuant to this section shall issue and deliver 392
to the agency an evidence of its indebtedness to the agency which 393
shall bear the date or dates, shall mature at the time or times, 394
shall be subject to prepayment, and shall contain any other 395
provisions consistent with this chapter that the agency shall 396
determine. 397
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(G) The agency may require that loans made pursuant to 399
this section shall be secured as to payment of both principal and 400
interest by a pledge of any collateral security that the agency 401
shall determine to be necessary to assure the payment of the 402
loans and the interest on them as they become due. 403
(H) The agency may require that any collateral for loans 405
made pursuant to this section be deposited with a bank, trust 406
company, or other financial institution acceptable to the agency 407
located in the state and designated by the agency as custodian 408
for the collateral. In the absence of that requirement, each 409
lending institution shall enter into an agreement with the agency 410
containing any provisions that the agency considers necessary to 411
do all of the following: 412
(1) Adequately identify and maintain the collateral; 414
(2) Service the collateral; 416
(3) Require the lending institution to hold the collateral 418
as an agent for the agency and be accountable to the agency as 419
the trustee of an express trust for the application and 420
disposition of it and the income from it. 421
The agency also may establish any additional requirements 423
that it considers necessary with respect to the pledging, 424
assigning, setting aside, or holding of collateral, the making of 425
substitutions for it or additions to it, and the disposition of 426
income and receipts from it. 427
(I) The agency may require as a condition of each loan 429
made to a lending institution pursuant to this section that the 430
lending institution, within the period after receipt of the loan 431
proceeds that the agency may prescribe, shall have entered into 432
written commitments to make, and, within the period thereafter 433
that the agency may prescribe, shall have disbursed the loan 434
proceeds in new loans. The new loans shall have any terms and 435
conditions that the agency may prescribe. 436
(J) The agency may require as a condition of any loans 438
made to, made through, or purchased from lending institutions 439
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pursuant to this section any representations and warranties that 440
it shall determine to be necessary to secure the loans and carry 441
out the purpose of this chapter. 442
(K) The agency may provide in agreements with lending 444
institutions and in loan documents requirements applicable to the 445
purchase of loans pursuant to this section, including, but not 446
limited to, the following: 447
(1) Qualifications of lending institutions from which 449
loans may be purchased; 450
(2) The time period within which lending institutions must 452
make commitments for and originate loans and deliver them for 453
purchase; 454
(3) The location and characteristics of multifamily 456
residential housing to be financed by loans; 457
(4) The terms and conditions of loans to be purchased; 459
(5) The amounts and types of insurance coverage required 461
on multifamily residential housing, loans, and bonds; 462
(6) The type and amount of collateral security to be 464
provided to assure repayment of any loan or bonds. 465
(L) The agency shall require provision to be made for 467
making available to eligible families of low and moderate income 468
not less than that percentage of units in a multifamily 469
residential housing project financed under this section as 470
provided for in section 142(d) of the Internal Revenue Code, and 471
that all of those units be made available without discrimination 472
by reason of race, color, ancestry, national origin, religion, 473
sex, familial status, as defined in section 4112.01 of the 474
Revised Code, or handicap, DISABILITY as defined in that section. 476
(M) Lending institutions and owners and developers are 478
authorized to comply with requirements pursuant to this section 479
and section 176.05 of the Revised Code notwithstanding any other 480
restrictions in law or rules. 481
Sec. 176.04. (A) No municipal corporation, county, or 490
township shall issue general obligations pursuant to section 491
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133.51 of the Revised Code or expend moneys raised by taxation to 492
provide, or assist in providing, housing pursuant to Section 16 493
of Article VIII, Ohio Constitution, unless the municipal 494
corporation, county, or township has done all of the following: 495
(1) Established or designated a housing advisory board 497
pursuant to section 176.01 of the Revised Code, or entered into 498
an agreement pursuant to section 176.02 of the Revised Code for 499
the service of a housing advisory board established by one or 500
more other subdivisions; 501
(2) At least thirty days prior to approval of it by the 503
legislative authority of the municipal corporation, county, or 504
township, submitted to the housing advisory board for review, 505
comments, and recommendations, a comprehensive housing 506
affordability strategy for the municipal corporation, county, or 507
township developed under the "Cranston-Gonzalez National 508
Affordable Housing Act," 104 Stat. 4079 (1990), Pub. Law NO. 510
101-625, or other state or local comprehensive plan for the 511
development and maintenance of affordable housing within the 512
boundaries of the municipal corporation, county, or township. 513
Approval of the plan by the legislative authority may be 515
effective for a period of one to five years. No submission of an 516
amended plan is required unless the submitted description of the 517
purposes for which any part of those moneys are proposed to be 518
applied is intended to be, or raise a reasonable concern that it 519
might be construed to be, inconsistent with the existing plan. 520
(3) Submitted to the housing advisory board a written 522
description of the purposes to which the proceeds of the proposed 523
general obligations or the moneys raised by taxation are proposed 524
to be applied, and allowed at least fifteen days to elapse during 525
which the housing advisory board may review the submitted 526
description and advise the municipal corporation, county, or 527
township in accordance with division (D) of this section. For 528
purposes of this section, the written description of the purposes 529
to which the moneys raised by taxation are proposed to be applied 530
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may be submitted annually to the housing advisory board prior to 531
the adoption of the annual appropriation measure pursuant to 532
section 5705.38 of the Revised Code. 533
(B) No municipal corporation, county, or township shall 535
issue general obligations pursuant to section 133.51 of the 536
Revised Code to provide, or assist in providing, housing pursuant 537
to Section 16 of Article VIII, Ohio Constitution, unless the 538
municipal legislative authority, the board of county 539
commissioners, or the board of township trustees has 540
substantially complied with each of the following requirements: 541
(1) Analyzed the anticipated impact of the purposes to 543
which the proceeds of the proposed general obligations are to be 544
applied upon existing housing patterns in the municipal 545
corporation, county, or township; 546
(2) Submitted to the housing advisory board serving it a 548
fair housing impact statement summarizing the analysis undertaken 549
under division (B)(1) of this section and conclusions from that 550
analysis; 551
(3) Submitted to the housing advisory board serving it a 553
plan for affirmative marketing to persons, regardless of marital 554
status, who are members of groups that may be disadvantaged by 555
discrimination on the basis of race, religion, sex, handicap 556
DISABILITY AS DEFINED IN SECTION 4112.01 OF THE REVISED CODE, 557
national origin, ancestry, children, or other similar cause or 558
who traditionally would not be expected to apply for housing at 559
the location proposed to be benefited by the proceeds of the 560
prosposed PROPOSED general obligations. 561
(C) No approval of a housing advisory board shall be 563
required for issuance of general obligations pursuant to section 564
133.51 of the Revised Code or any proposed expenditure of moneys 565
raised by taxation to provide, or assist in providing, housing 566
pursuant to Section 16 of Article VIII, Ohio Constitution. 567
(D) The matters on which a housing advisory board shall 569
advise the subdivisions it serves shall include the following: 570
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(1) The consistency of a project or program with the plan 572
submitted under division (A)(2) of this section; 573
(2) The extent to which any project or program to which 575
the proceeds of the proposed general obligations or the moneys 576
raised by taxation are proposed to be applied may displace 577
households that consequently may need relocation assistance; 578
(3) The length of time for which projects to which the 580
proceeds of the proposed general obligations or the moneys raised 581
by taxation are proposed to be applied will remain affordable to 582
any targeted income group; 583
(4) The extent to which any lending program is available, 585
in whole or in part, from private lenders upon reasonably 586
equivalent terms and conditions. 587
Sec. 176.06. Each municipal corporation, county, and 596
township shall compile and make available, in accordance with 597
this section, to the public for inspection and copying for a 598
period of five years the number and total dollar amount of 599
mortgage loans that were originated, for which completed 600
applications were received and applicants were rejected, and that 601
were purchased by that municipal corporation, county, or township 602
during each fiscal year. Information regarding each of the 603
mortgage loan categories listed above shall be itemized to 604
clearly and conspicuously disclose the following: 605
(A) The number and dollar amount of mortgage loans insured 607
under Title II of the "National Housing Act," 48 Stat. 1246 608
(1934), 12 U.S.C.A. 1707 et seq., or under Title V of the 609
"Housing Act of 1949," 63 Stat. 413, 432, 42 U.S.C.A. 1471 et 610
seq., or guaranteed under the "Veterans' Loan Act," 58 Stat. 284 611
(1944), 38 U.S.C.A. 1801 et seq.; 612
(B) The number and dollar amount of mortgage loans made to 614
mortgagors who did not, at the time of execution of the mortgage, 615
intend to reside in the property securing the mortgage loan.; 616
(C) The number and dollar amount of home improvement 619
loans.;
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(D) The number and dollar amount of mortgage loans 621
involving mortgagors or mortgage applicants grouped according to 622
census tract, income level, race, color, religion, sex, ancestry, 623
handicap DISABILITY AS DEFINED IN SECTION 4112.01 OF THE REVISED 624
CODE, and national origin. 625
The information described in this section shall be made 627
available to the public in raw data form and updated quarterly. 628
Within four months after the end of each fiscal year, each 629
municipal corporation, county, and township shall submit to the 630
president of the senate and the speaker of the house of 631
representatives a report containing the information described in 632
this section for the immediately preceding fiscal year. 633
As used in this section, "mortgage loan" has the same 635
meaning as in section 175.01 of the Revised Code. 636
Sec. 306.43. (A) The board of trustees of a regional 645
transit authority or any officer or employee designated by such 646
board may make any contract for the purchase of goods or 647
services, the cost of which does not exceed twenty-five thousand 648
dollars. When an expenditure, other than for the acquisition of 649
real estate, the discharge of claims, or the acquisition of goods 650
or services under the circumstances described in division (H) of 651
this section, is expected to exceed twenty-five thousand dollars, 652
such expenditure shall be made through full and open competition 653
by the use of competitive procedures. The regional transit 654
authority shall use the competitive procedure, as set forth in 655
divisions (B), (C), (D), and (E) of this section, that is most 656
appropriate under the circumstances of the procurement. 657
(B) Competitive sealed bidding is the preferred method of 659
procurement and a regional transit authority shall use that 660
method if all of the following conditions exist: 661
(1) A clear, complete and adequate description of the 663
goods, services, or work is available; 664
(2) Time permits the solicitation, submission, and 666
evaluation of sealed bids; 667
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(3) The award will be made on the basis of price and other 669
price-related factors; 670
(4) It is not necessary to conduct discussions with 672
responding offerors about their bids; 673
(5) There is a reasonable expectation of receiving more 675
than one sealed bid. 676
A regional transit authority shall publish a notice calling 678
for bids once a week for no less than two consecutive weeks in at 679
least one newspaper of general circulation within the territorial 680
boundaries of the regional transit authority. A regional transit 681
authority may require that a bidder for any contract other than a 682
construction contract provide a bid guaranty in the form, 683
quality, and amount considered appropriate by the regional 684
transit authority. The board may let the contract to the lowest 685
responsive and responsible bidder. Where fewer than two 686
responsive bids are received, a regional transit authority may 687
negotiate price with the sole responsive bidder or may rescind 688
the solicitation and procure under division (H)(2) of this 689
section. 690
(C) A regional transit authority may use two-step 692
competitive bidding, consisting of a technical proposal and a 693
separate, subsequent sealed price bid from those submitting 694
acceptable technical proposals, if both of the following 695
conditions exist: 696
(1) A clear, complete, and adequate description of the 698
goods, services, or work is not available, but definite criteria 699
exist for the evaluation of technical proposals; 700
(2) It is necessary to conduct discussions with responding 702
offerors. 703
A regional transit authority shall publish a notice calling 705
for technical proposals once a week for no less than two 706
consecutive weeks in at least one newspaper of general 707
circulation within the territorial boundaries of the regional 708
transit authority. A regional transit authority may require a 709
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bid guaranty in the form, quality, and amount the regional 710
transit authority considers appropriate. The board may let the 711
contract to the lowest responsive and responsible bidder. Where 712
fewer than two responsive and responsible bids are received, a 713
regional transit authority may negotiate price with the sole 714
responsive and responsible bidder or may rescind the solicitation 715
and procure under division (H)(2) of this section. 716
(D) A regional transit authority shall make a procurement 718
by competitive proposals if competitive sealed bidding or 719
two-step competitive bidding is not appropriate. 720
A regional transit authority shall publish a notice calling 722
for proposals once a week for no less than two consecutive weeks 723
in at least one newspaper of general circulation within the 724
territorial boundaries of the regional transit authority. A 725
regional transit authority may require a proposal guaranty in the 726
form, quality, and amount considered appropriate by the regional 727
transit authority. The board may let the contract to the 728
proposer making the offer considered most advantageous to the 729
authority. Where fewer than two competent proposals are 730
received, a regional transit authority may negotiate price and 731
terms with the sole proposer or may rescind the solicitation and 732
procure under division (H)(2) of this section. 733
(E)(1) A regional transit authority shall procure the 735
services of an architect or engineer in the manner prescribed by 736
the "Federal Mass Transportation Act of 1987," Public Law NO. 738
100-17, section 316, 101 Stat. 227, 232-234, 49 U.S.C.A. app. 739
1608 and the services of a construction manager in the manner 740
prescribed by sections 9.33 to 9.332 of the Revised Code. 741
(2) A regional transit authority may procure revenue 743
rolling stock in the manner prescribed by division (B), (C), or 744
(D) of this section. 745
(3) All contracts for construction in excess of 747
twenty-five thousand dollars shall be made only after the 748
regional transit authority has published a notice calling for 749
18
bids once a week for two consecutive weeks in at least one 750
newspaper of general circulation within the territorial 751
boundaries of the regional transit authority. The board may 752
award a contract to the lowest responsive and responsible bidder. 753
Where only one responsive and responsible bid is received, the 754
regional transit authority may negotiate price with the sole 755
responsive bidder or may rescind the solicitation. The regional 756
transit authority shall award construction contracts in 757
accordance with sections 153.12 to 153.14 and 153.54 of the 758
Revised Code. Divisions (B) and (C) of this section shall not 759
apply to the award of contracts for construction. 760
(F) All contracts involving expenditures in excess of 762
twenty-five thousand dollars shall be in writing and shall be 763
accompanied by or shall refer to plans and specifications for the 764
work to be done. The plans and specifications shall at all times 765
be made and considered part of the contract. For all contracts 766
other than construction contracts, a regional transit authority 767
may require performance, payment, or maintenance guaranties or 768
any combination of such guaranties in the form, quality, and 769
amount it considers appropriate. The contract shall be approved 770
by the board and signed on behalf of the regional transit 771
authority and by the contractor. 772
(G) In making a contract, a regional transit authority may 774
give preference to goods produced in the United States in 775
accordance with the Buy America requirements in the "Surface 776
Transportation Assistance Act of 1982," Public Law NO. 97-424, 778
section 165, 96 Stat. 2097, 23 U.S.C.A. 101 note, as amended, and 779
the rules adopted thereunder. The regional transit authority 780
also may give preference to providers of goods produced in and 781
services provided in labor surplus areas as defined by the United 782
States department of labor in 41 U.S.C.A. 401 note, Executive 783
Order No. 12073, August 16, 1978, 43 Fed. Reg. 36873, as amended. 784
(H) Competitive procedures under this section are not 786
required in any of the following circumstances: 787
19
(1) The board of trustees of a regional transit authority, 789
by a two-thirds affirmative vote of its members, determines that 790
a real and present emergency exists under any of the following 791
conditions, and the board enters its determination and the 792
reasons for it in its proceedings: 793
(a) Affecting safety, welfare, or the ability to deliver 795
transportation services; 796
(b) Arising out of an interruption of contracts essential 798
to the provision of daily transit services; 799
(c) Involving actual physical damage to structures, 801
supplies, equipment, or property. 802
(2) The purchase consists of goods or services, or any 804
combination thereof, and after reasonable inquiry the board or 805
any officer or employee the board designates finds that only one 806
source of supply is reasonably available. 807
(3) The expenditure is for a renewal or renegotiation of a 809
lease or license for telecommunications or electronic data 810
processing equipment, services, or systems, or for the upgrade of 811
such equipment, services, or systems, or for the maintenance 812
thereof as supplied by the original source or its successors or 813
assigns. 814
(4) The purchase of goods or services is made from another 816
political subdivision, public agency, public transit system, 817
regional transit authority, the state, or the federal government, 818
or as a third-party beneficiary under a state or federal 819
procurement contract, or as a participant in a department of 820
administrative services contract under division (B) of section 821
125.04 of the Revised Code. 822
(5) The sale and leaseback or lease and leaseback of 824
transit facilities is made as provided in division (AA) of 826
section 306.35 of the Revised Code. 827
(6) The purchase substantially involves services of a 829
personal, professional, highly technical, or scientific nature, 830
including but not limited to the services of an attorney, 831
20
physician, surveyor, appraiser, investigator, court reporter, 832
adjuster, advertising consultant, or licensed broker, or involves 833
the special skills or proprietary knowledge required for the 834
servicing of specialized equipment owned by the regional transit 835
authority. 836
(7) Services or supplies are available from a qualified 838
nonprofit agency pursuant to sections 4115.31 to 4115.35 of the 839
Revised Code. 840
(8) The purchase consists of the product or services of a 842
public utility. 843
(9) The purchase is for the services of individuals with 846
handicaps DISABILITIES to work in the authority's commissaries or 847
cafeterias, and those individuals are supplied by a nonprofit 848
corporation or association whose purpose is to assist individuals 850
with handicaps DISABILITIES, whether or not that organization 853
CORPORATION or association is funded entirely or in part by the 854
federal government, or the purchase is for services provided by a 856
nonprofit corporation or association whose purpose is to assist 857
individuals with handicaps DISABILITIES, whether or not that 858
organization CORPORATION or association is funded entirely or in 860
part by the federal government. For purposes of division 861
(G)(H)(9) of this section, "handicap DISABILITY" has the same 862
meaning as in section 4112.01 of the Revised Code.
(I) A regional transit authority may enter into blanket 864
purchase agreements for purchases of maintenance, operating, or 865
repair goods or services where the item cost does not exceed five 866
hundred dollars and the annual expenditure does not exceed 867
twenty-five thousand dollars. 868
(J) Nothing contained in this section prohibits a regional 870
transit authority from participating in intergovernmental 871
cooperative purchasing arrangements. 872
(K) Except as otherwise provided in this chapter, a 874
regional transit authority shall make a sale or other disposition 875
of property through full and open competition. Except as 876
21
provided in division (L) of this section, all dispositions of 877
personal property and all grants of real property for terms 878
exceeding five years shall be made by public auction or 879
competitive procedure. 880
(L) The competitive procedures required by division (K) of 882
this section are not required in any of the following 883
circumstances: 884
(1) The grant is a component of a joint development 886
between public and private entities and is intended to enhance or 887
benefit public transit. 888
(2) The grant of a limited use or of a license affecting 890
land is made to an owner of abutting real property. 891
(3) The grant of a limited use is made to a public 893
utility. 894
(4) The grant or disposition is to a department of the 896
federal or state government, to a political subdivision of the 897
state, or to any other governmental entity. 898
(5) Used equipment is traded on the purchase of equipment 900
and the value of the used equipment is a price-related factor in 901
the basis for award for the purchase. 902
(6) The value of the personal property is such that 904
competitive procedures are not appropriate and the property 905
either is sold at its fair market value or is disposed of by gift 906
to a nonprofit entity having the general welfare or education of 907
the public as one of its principal objects. 908
(M) The board of trustees of a regional transit authority, 910
when making a contract funded exclusively by state or local 911
moneys or any combination thereof, shall make a good faith effort 912
to use disadvantaged business enterprise participation to the 913
same extent required under Section 105(f) of the "Surface 914
Transportation Assistance Act of 1982," Public Law NO. 97-424, 96 916
Stat. 2100, and Section 106(c) of the "Surface Transportation and 917
Uniform Relocation Assistance Act of 1987," Public Law NO. 919
100-17, 101 Stat. 145, and the rules adopted thereunder. 920
22
(N) As used in this section: 922
(1) "Goods" means all things, including specially 924
manufactured goods, that are movable at the time of 925
identification to the contract for sale other than the money in 926
which the price is to be paid, investment securities, and things 927
in action. "Goods" also includes other identified things 928
attached to realty as described in section 1302.03 of the Revised 929
Code. 930
(2) "Services" means the furnishing of labor, time, or 932
effort by a contractor, not involving the delivery of goods or 933
reports other than goods or reports that are merely incidental to 934
the required performance, including but not limited to insurance, 935
bonding, or routine operation, routine repair, or routine 936
maintenance of existing structures, buildings, real property, or 937
equipment, but does not include employment agreements, collective 938
bargaining agreements, or personal services. 939
(3) "Construction" means the process of building, 941
altering, repairing, improving, painting, decorating, or 942
demolishing any structure or building, or other improvements of 943
any kind to any real property owned or leased by a regional 944
transit authority. 945
(4) "Full and open competition" has the same meaning as in 947
the "Office of Federal Procurement Policy Act," Public Law NO. 949
98-369, section 2731, 98 Stat. 1195 (1984), 41 U.S.C.A. 403. 950
(5) A bidder is "responsive" if, applying the criteria of 952
division (A) of section 9.312 of the Revised Code, the bidder is 953
"responsive" as described in that section. 954
(6) A bidder is "responsible" if, applying the criteria of 956
division (A) of section 9.312 of the Revised Code and of the 957
"Office of Federal Procurement Policy Act," Public Law NO. 959
98-369, section 2731, 98 Stat. 1195 (1984), 41 U.S.C.A. 403, the 960
bidder is "responsible" as described in those sections. 961
Sec. 717.01. Each municipal corporation may do any of the 970
following: 971
23
(A) Acquire by purchase or condemnation real estate with 973
or without buildings on it, and easements or interests in real 974
estate; 975
(B) Extend, enlarge, reconstruct, repair, equip, furnish, 977
or improve a building or improvement that it is authorized to 978
acquire or construct; 979
(C) Erect a crematory or provide other means for disposing 981
of garbage or refuse, and erect public comfort stations; 982
(D) Purchase turnpike roads and make them free; 984
(E) Construct wharves and landings on navigable waters; 986
(F) Construct infirmaries, workhouses, prisons, police 988
stations, houses of refuge and correction, market houses, public 989
halls, public offices, municipal garages, repair shops, storage 990
houses, and warehouses; 991
(G) Construct or acquire waterworks for supplying water to 993
the municipal corporation and its inhabitants and extend the 994
waterworks system outside of the municipal corporation limits; 995
(H) Construct or purchase gas works or works for the 997
generation and transmission of electricity, for the supplying of 998
gas or electricity to the municipal corporation and its 999
inhabitants; 1,000
(I) Provide grounds for cemeteries or crematories, enclose 1,002
and embellish them, and construct vaults or crematories; 1,003
(J) Construct sewers, sewage disposal works, flushing 1,005
tunnels, drains, and ditches; 1,006
(K) Construct free public libraries and reading rooms, and 1,008
free recreation centers; 1,009
(L) Establish free public baths and municipal lodging 1,011
houses; 1,012
(M) Construct monuments or memorial buildings to 1,014
commemorate the services of soldiers, sailors, and marines of the 1,015
state and nation; 1,016
(N) Provide land for and improve parks, boulevards, and 1,018
public playgrounds; 1,019
24
(O) Construct hospitals and pesthouses; 1,021
(P) Open, construct, widen, extend, improve, resurface, or 1,023
change the line of any street or public highway; 1,024
(Q) Construct and improve levees, dams, waterways, 1,026
waterfronts, and embankments and improve any watercourse passing 1,027
through the municipal corporation; 1,028
(R) Construct or improve viaducts, bridges, and culverts; 1,030
(S)(1) Construct any building necessary for the police or 1,032
fire department; 1,033
(2) Purchase fire engines or fire boats; 1,035
(3) Construct water towers or fire cisterns; 1,037
(4) Place underground the wires or signal apparatus of any 1,039
police or fire department;. 1,040
(T) Construct any municipal ice plant for the purpose of 1,042
manufacturing ice for the citizens of a municipal corporation; 1,043
(U) Construct subways under any street or boulevard or 1,045
elsewhere; 1,046
(V) Acquire by purchase, gift, devise, bequest, lease, 1,048
condemnation proceedings, or otherwise, real or personal 1,049
property, and thereon and thereof to establish, construct, 1,050
enlarge, improve, equip, maintain, and operate airports, landing 1,051
fields, or other air navigation facilities, either within or 1,052
outside the limits of a municipal corporation, and acquire by 1,053
purchase, gift, devise, lease, or condemnation proceedings 1,054
rights-of-way for connections with highways, waterways, and 1,055
electric, steam, and interurban railroads, and improve and equip 1,056
such facilities with structures necessary or appropriate for such 1,057
purposes. No municipal corporation may take or disturb property 1,058
or facilities belonging to any public utility or to a common 1,059
carrier engaged in interstate commerce, which property or 1,060
facilities are required for the proper and convenient operation 1,061
of the utility or carrier, unless provision is made for the 1,062
restoration, relocation, or duplication of the property or 1,063
facilities elsewhere at the sole cost of the municipal 1,064
25
corporation. 1,065
(W) Provide by agreement with any regional airport 1,067
authority, created under section 308.03 of the Revised Code, for 1,068
the making of necessary surveys, appraisals, and examinations 1,069
preliminary to the acquisition or construction of any airport or 1,070
airport facility and pay the portion of the expense of the 1,071
surveys, appraisals, and examinations as set forth in the 1,072
agreement; 1,073
(X) Provide by agreement with any regional airport 1,075
authority, created under section 308.03 of the Revised Code, for 1,076
the acquisition, construction, maintenance, or operation of any 1,077
airport or airport facility owned or to be owned and operated by 1,078
the regional airport authority or owned or to be owned and 1,079
operated by the municipal corporation and pay the portion of the 1,080
expense of it as set forth in the agreement; 1,081
(Y) Acquire by gift, purchase, lease, or condemnation, 1,083
land, forest, and water rights necessary for conservation of 1,084
forest reserves, water parks, or reservoirs, either within or 1,085
without the limits of the municipal corporation, and improve and 1,086
equip the forest and water parks with structures, equipment, and 1,087
reforestation necessary or appropriate for any purpose for the 1,088
utilization of any of the forest and water benefits that may 1,089
properly accrue therefrom to the municipal corporation; 1,090
(Z) Acquire real property by purchase, gift, or devise and 1,092
construct and maintain on it public swimming pools, either within 1,093
or outside the limits of the municipal corporation; 1,094
(AA) Construct or rehabilitate, equip, maintain, operate, 1,096
and lease facilities for housing of elderly persons and for 1,097
persons of low and moderate income, and appurtenant facilities. 1,098
No municipal corporation shall deny housing accommodations to or 1,099
withhold housing accommodations from elderly persons or persons 1,100
of low and moderate income because of race, color, religion, sex, 1,101
familial status, as defined in section 4112.01 of the Revised 1,102
Code, handicap, DISABILITY as defined in that section, ancestry, 1,104
26
or national origin. Any elderly person or person of low or 1,105
moderate income who is denied housing accommodations or has them 1,106
withheld by a municipal corporation because of race, color, 1,107
religion, sex, familial status, as defined in section 4112.01 of 1,108
the Revised Code, handicap, DISABILITY as defined in that 1,109
section, ancestry, or national origin may file a charge with the 1,111
Ohio civil rights commission as provided in Chapter 4112. of the 1,112
Revised Code.
(BB) Acquire, rehabilitate, and develop rail property or 1,114
rail service, and enter into agreements with the Ohio rail 1,116
development commission, boards of county commissioners, boards of
township trustees, legislative authorities of other municipal 1,117
corporations, with other governmental agencies or organizations, 1,118
and with private agencies or organizations in order to achieve 1,119
those purposes; 1,120
(CC) Appropriate and contribute money to a soil and water 1,122
conservation district for use under Chapter 1515. of the Revised 1,123
Code; 1,124
(DD) Authorize the board of county commissioners, pursuant 1,126
to a contract authorizing the action, to contract on the 1,127
municipal corporation's behalf for the administration and 1,128
enforcement within its jurisdiction of the state building code by 1,129
another county or another municipal corporation located within or 1,130
outside the county. The contract for administration and 1,131
enforcement shall provide for obtaining certification pursuant to 1,132
division (E) of section 3781.10 of the Revised Code for the 1,133
exercise of administration and enforcement authority within the 1,134
municipal corporation seeking those services and shall specify 1,135
which political subdivision is responsible for securing that 1,136
certification. 1,137
(EE) Expend money for providing and maintaining services 1,139
and facilities for senior citizens. 1,140
"Airport," "landing field," and "air navigation facility," 1,142
as defined in section 4561.01 of the Revised Code, apply to 1,143
27
division (V) of this section. 1,144
As used in divisions (W) and (X) of this section, "airport" 1,146
and "airport facility" have the same meanings as in section 1,147
308.01 of the Revised Code. 1,148
As used in division (BB) of this section, "rail property" 1,150
and "rail service" have the same meanings as in section 4981.01 1,151
of the Revised Code. 1,152
Sec. 1501.012. (A) The director of natural resources may 1,161
lease lands in state parks, as defined in section 1501.07 of the 1,162
Revised Code, and contract for the construction and operation of 1,163
public service facilities, as mentioned in that section, and for 1,164
major renovation or remodeling of existing public service 1,165
facilities by the lessees on those lands. If the director 1,166
determines that doing so would be consistent with long-range 1,167
planning of the department of natural resources and in the best 1,168
interests of the department and the division of parks and 1,169
recreation in the department, the director shall negotiate and 1,171
execute a lease and contract for those purposes in accordance 1,172
with this chapter except as otherwise provided in this section. 1,173
(B) With the approval of the recreation and resources 1,175
council created under section 1501.04 of the Revised Code, the 1,177
director shall draft a statement of intent describing any public 1,178
service facility that the department wishes to have constructed 1,179
in accordance with this section and establishing a procedure for 1,180
the submission of proposals for providing the facility, 1,181
including, without limitation BUT NOT LIMITED TO, a requirement 1,182
that each prospective bidder or lessee of land shall submit with 1,184
the proposal a completed questionnaire and financial statement, 1,185
on forms prescribed and furnished by the department, to enable 1,186
the department to ascertain the person's financial worth and 1,187
experience in maintaining and operating facilities similar or 1,188
related to the public service facility in question. The 1,189
completed questionnaire and financial statement shall be verified 1,190
under oath by the prospective bidder or lessee. Questionnaires 1,191
28
and financial statements submitted under this division are 1,192
confidential and are not open to public inspection. Nothing in 1,193
this division shall be construed to prevent use of or reference 1,194
to questionnaires and financial statements in a civil action or 1,195
criminal prosecution commenced by the state. 1,196
The director shall publish the statement of intent in at 1,198
least three daily newspapers of general circulation in the state 1,199
at least once each week for four consecutive weeks. The director 1,201
shall then SHALL accept proposals in response to the statement of 1,202
intent for at least thirty days following the final publication 1,204
of the statement. At the end of the period during which 1,205
proposals may be submitted under this division, the director 1,206
shall select the proposal that the director determines best 1,207
complies with the statement of intent and may negotiate a lease 1,208
and contract with the person that submitted that proposal. 1,209
(C) Any lease and contract negotiated under this section 1,211
shall include in its terms and conditions ALL OF THE FOLLOWING: 1,212
(1) The legal description of the leasehold; 1,214
(2) The duration of the lease and contract, which shall 1,216
not exceed forty years, and a requirement that the lease and 1,217
contract be nonrenewable; 1,218
(3) A requirement that the lessee maintain in full force 1,220
and effect during the term of the lease and contract 1,221
comprehensive liability insurance for injury, death, or loss to 1,222
persons or property and fire casualty insurance for the public 1,223
service facility and all its structures in an amount established 1,224
by the director and naming the department as an additional 1,225
insured; 1,226
(4) A requirement that the lessee maintain in full force 1,228
and effect suitable performance bonds or other adequate security 1,229
pertaining to the construction and operation of the public 1,230
service facility; 1,231
(5) Detailed plans and specifications controlling the 1,233
construction of the public service facility that shall include 1,234
29
ALL OF THE FOLLOWING: 1,235
(a) The size and capacity of the facility; 1,237
(b) The type and quality of construction; 1,239
(c) Such other OTHER criteria as THAT the department 1,242
considers necessary and advisable. 1,243
(6) The manner of rental payment; 1,245
(7) A stipulation that the director shall have control and 1,247
supervision over ALL OF THE FOLLOWING: 1,248
(a) The operating season of the public service facility; 1,250
(b) The facility's hours of operation; 1,252
(c) The maximum rates to be charged guests using the 1,254
facility; 1,255
(d) The facility's sanitary conditions; 1,257
(e) The quality of food and service furnished the guests 1,259
of the facility; 1,260
(f) The lessee's general and structural maintenance 1,262
responsibilities at the facility. 1,263
(8) The disposition of the leasehold and improvements at 1,265
the expiration of the lease and contract; 1,266
(9) A requirement that the public service facility be 1,268
available to all members of the public without regard to sex, 1,269
race, color, creed, ancestry, national origin, or handicap 1,270
DISABILITY AS DEFINED IN SECTION 4112.01 OF THE REVISED CODE; 1,272
(10) Such other OTHER terms and conditions as THAT the 1,275
director considers necessary and advisable to carry out the 1,276
purposes of this section. 1,277
(D) The attorney general shall approve the form of the 1,279
lease and contract prior to its execution by the director. 1,280
(E) The authority granted in this section to the director 1,282
is in addition and supplemental to any other authority granted 1,283
the director under state law. 1,284
Sec. 2927.03. (A) No person, whether or not acting under 1,293
color of law, shall by force or threat of force willfully injure, 1,294
intimidate, or interfere with, or attempt to injure, intimidate, 1,295
30
or interfere with, any of the following: 1,296
(1) Any person because of race, color, religion, sex, 1,298
familial status, as defined in section 4112.01 of the Revised 1,299
Code, national origin, handicap, DISABILITY as defined in that 1,300
section, or ancestry and because that person is or has been 1,302
selling, purchasing, renting, financing, occupying, contracting, 1,303
or negotiating for the sale, purchase, rental, financing, or 1,304
occupation of any housing accommodations, or applying for or 1,305
participating in any service, organization, or facility relating 1,306
to the business of selling or renting housing accommodations; 1,307
(2) Any person because that person is or has been DOING, 1,309
or in order to intimidate that person or any other person or any 1,310
class of persons from doing, either of the following: 1,311
(a) Participating, without discrimination on account of 1,313
race, color, religion, sex, familial status, as defined in 1,314
section 4112.01 of the Revised Code, national origin, handicap, 1,315
DISABILITY as defined in that section, or ancestry, in any of the 1,317
activities, services, organizations, or facilities described in 1,318
division (A)(1) of this section; 1,319
(b) Affording another person or class of persons 1,321
opportunity or protection so to participate. 1,322
(3) Any person because that person is or has been, or in 1,324
order to discourage that person or any other person from, 1,325
lawfully aiding or encouraging other persons to participate, 1,326
without discrimination on account of race, color, religion, sex, 1,327
familial status, as defined in section 4112.01 of the Revised 1,328
Code, national origin, handicap, DISABILITY as defined in that 1,329
section, or ancestry, in any of the activities, services, 1,331
organizations, or facilities described in division (A)(1) of this 1,332
section, or participating lawfully in speech or peaceful assembly 1,333
opposing any denial of the opportunity to so participate. 1,334
(B) Whoever violates division (A) of this section is 1,336
guilty of a misdemeanor of the first degree. 1,337
Sec. 3781.111. (A) In addition to the powers conferred by 1,346
31
any other section of the Revised Code, the board of building 1,347
standards shall adopt standards and rules to facilitate the 1,348
reasonable access and use by all handicapped persons WITH A 1,349
DISABILITY of all buildings and the facilities of buildings for 1,351
which plans are submitted for approval under section 3791.04 of 1,352
the Revised Code. No standard or rule shall be applied to any 1,353
building the plans or drawings, specifications, and date of which 1,354
have been approved prior to the time that the standard or rule 1,355
takes effect.
(B) Except as otherwise provided in this section, the 1,357
standards and rules adopted by the board pursuant to this section 1,358
shall be in accordance with THE "The Americans With WITH 1,359
Disabilities Act of 1990," 104 Stat. 327, 42 U.S.C.A. 12101, as 1,361
amended, and THE "The Fair Housing Amendments ACT of 1988," 102 1,362
Stat. 1619, 42 U.S.C.A. 3601, as amended. 1,363
(C) All signs posted to designate special parking 1,365
locations for handicapped persons WITH A DISABILITY and persons 1,366
with disabilities that limit or impair the ability to walk in 1,368
accordance with division (E) of section 4511.69 of the Revised 1,369
Code and the standards and rules adopted pursuant to this section 1,370
shall be mounted on a fixed or movable post or otherwise affixed 1,371
in a vertical position at a height so that the sign is clearly 1,372
visible to the driver of a vehicle when parked in such a 1,373
location.
(D) As used in this section, "handicapped person 1,375
DISABILITY" has the same meaning as in section 4112.01 of the 1,377
Revised Code. As used in division (C) of this section, "persons 1,378
with disabilities that limit or impair the ability to walk" has 1,379
the same meaning as in division (A)(1) of section 4503.44 of the 1,380
Revised Code.
(E) No owner of a building or facility where special 1,382
parking locations for handicapped persons WITH A DISABILITY must 1,383
be designated in accordance with the standards and rules adopted 1,385
pursuant to this section shall fail to properly mark the special 1,386
32
parking locations as required by those standards and rules or 1,387
fail to maintain the markings of the special parking locations, 1,388
including the erection and maintenance of the fixed or movable 1,389
signs.
Sec. 4112.01. (A) As used in this chapter: 1,398
(1) "Person" includes one or more individuals, 1,400
partnerships, associations, organizations, corporations, legal 1,401
representatives, trustees, trustees in bankruptcy, receivers, and 1,402
other organized groups of persons. "Person" also includes, but 1,403
is not limited to, any owner, lessor, assignor, builder, manager, 1,404
broker, salesman SALESPERSON, appraiser, agent, employee, lending 1,406
institution, and the state and all political subdivisions, 1,407
authorities, agencies, boards, and commissions of the state. 1,408
(2) "Employer" includes the state, any political 1,410
subdivision of the state, any person employing four or more 1,411
persons within the state, and any person acting directly or 1,412
indirectly in the interest of an employer. 1,413
(3) "Employee" means an individual employed by any 1,415
employer but does not include any individual employed in the 1,416
domestic service of any person. 1,417
(4) "Labor organization" includes any organization that 1,419
exists, in whole or in part, for the purpose of collective 1,420
bargaining or of dealing with employers concerning grievances, 1,421
terms or conditions of employment, or other mutual aid or 1,422
protection in relation to employment. 1,423
(5) "Employment agency" includes any person regularly 1,425
undertaking, with or without compensation, to procure 1,426
opportunities to work or to procure, recruit, refer, or place 1,427
employees. 1,428
(6) "Commission" means the Ohio civil rights commission 1,430
created by section 4112.03 of the Revised Code. 1,431
(7) "Discriminate" includes segregate or separate. 1,433
(8) "Unlawful discriminatory practice" means any act 1,435
prohibited by section 4112.02, 4112.021, or 4112.022 of the 1,436
33
Revised Code. 1,437
(9) "Place of public accommodation" means any inn, 1,439
restaurant, eating house, barbershop, public conveyance by air, 1,440
land, or water, theater, store, other place for the sale of 1,441
merchandise, or any other place of public accommodation or 1,442
amusement of which the accommodations, advantages, facilities, or 1,443
privileges are available to the public. 1,444
(10) "Housing accommodations" includes any building or 1,446
structure, or portion of a building or structure, that is used or 1,447
occupied or is intended, arranged, or designed to be used or 1,448
occupied as the home residence, dwelling, dwelling unit, or 1,449
sleeping place of one or more individuals, groups, or families 1,450
whether or not living independently of each other; and any vacant 1,451
land offered for sale or lease. "Housing accommodations" also 1,452
includes any housing accommodations held or offered for sale or 1,453
rent by a real estate broker, salesman SALESPERSON, or agent, by 1,454
any other person pursuant to authorization of the owner, by the 1,456
owner, or by the owner's legal representative. 1,457
(11) "Restrictive covenant" means any specification 1,459
limiting the transfer, rental, lease, or other use of any housing 1,460
accommodations because of race, color, religion, sex, familial 1,461
status, national origin, handicap DISABILITY, or ancestry, or any 1,463
limitation based upon affiliation with or approval by any person, 1,464
directly or indirectly, employing race, color, religion, sex, 1,465
familial status, national origin, handicap DISABILITY, or 1,466
ancestry as a condition of affiliation or approval. 1,468
(12) "Burial lot" means any lot for the burial of deceased 1,470
persons within any public burial ground or cemetery, including, 1,471
but not limited to, cemeteries owned and operated by municipal 1,472
corporations, townships, or companies or associations 1,473
incorporated for cemetery purposes. 1,474
(13) "Handicap DISABILITY" means a physical or mental 1,476
impairment that substantially limits one or more major life 1,479
activities, including the functions of caring for one's self, 1,480
34
performing manual tasks, walking, seeing, hearing, speaking, 1,481
breathing, learning, and working; a record of a physical or 1,482
mental impairment; or being regarded as having a physical or 1,483
mental impairment.
(14) Except as otherwise provided in section 4112.021 of 1,485
the Revised Code, "age" means at least forty years old. 1,486
(15) "Familial status" means either of the following: 1,488
(a) One or more individuals who are under eighteen years 1,490
of age and who are domiciled with a parent or guardian having 1,491
legal custody of the individual or domiciled, with the written 1,492
permission of the parent or guardian having legal custody, with a 1,493
designee of the parent or guardian; 1,494
(b) Any person who is pregnant or in the process of 1,496
securing legal custody of any individual who is under eighteen 1,497
years of age. 1,498
(16)(a) Except as provided in division (A)(16)(b) of this 1,500
section, "physical or mental impairment" includes any of the 1,501
following: 1,502
(i) Any physiological disorder or condition, cosmetic 1,504
disfigurement, or anatomical loss affecting one or more of the 1,505
following body systems: neurological; musculoskeletal; special 1,506
sense organs; respiratory, including speech organs; 1,507
cardiovascular; reproductive; digestive; genito-urinary; hemic 1,508
and lymphatic; skin; and endocrine; 1,509
(ii) Any mental or psychological disorder, including, but 1,511
not limited to, mental retardation, organic brain syndrome, 1,512
emotional or mental illness, and specific learning disabilities; 1,513
(iii) Diseases and conditions, including, but not limited 1,515
to, orthopedic, visual, speech, and hearing impairments, cerebral 1,516
palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, 1,517
cancer, heart disease, diabetes, human immunodeficiency virus 1,518
infection, mental retardation, emotional illness, drug addiction, 1,519
and alcoholism. 1,520
(b) "Physical or mental impairment" does not include any 1,522
35
of the following: 1,523
(i) Homosexuality and bisexuality; 1,525
(ii) Transvestism, transsexualism, pedophilia, 1,527
exhibitionism, voyeurism, gender identity disorders not resulting 1,528
from physical impairments, or other sexual behavior disorders; 1,529
(iii) Compulsive gambling, kleptomania, or pyromania; 1,531
(iv) Psychoactive substance use disorders resulting from 1,533
current illegal use of a controlled substance. 1,534
(17) "Dwelling unit" means a single unit of residence for 1,536
a family of one or more persons. 1,537
(18) "Common use areas" means rooms, spaces, or elements 1,539
inside or outside a building that are made available for the use 1,540
of residents of the building or their guests, and includes, but 1,541
is not limited to, hallways, lounges, lobbies, laundry rooms, 1,542
refuse rooms, mail rooms, recreational areas, and passageways 1,543
among and between buildings. 1,544
(19) "Public use areas" means interior or exterior rooms 1,546
or spaces of a privately or publicly owned building that are made 1,547
available to the general public. 1,548
(20) "Controlled substance" has the same meaning as in 1,550
section 3719.01 of the Revised Code. 1,551
(21) "Handicapped person" means a person with a handicap. 1,553
(22) "Handicapped DISABLED tenant" means a tenant or 1,555
prospective tenant who is a handicapped person WITH A DISABILITY. 1,557
(B) For the purposes of divisions (A) to (F) of section 1,559
4112.02 of the Revised Code, the terms "because of sex" and "on 1,560
the basis of sex" include, but are not limited to, because of or 1,561
on the basis of pregnancy, any illness arising out of and 1,562
occurring during the course of a pregnancy, childbirth, or 1,563
related medical conditions. Women affected by pregnancy, 1,564
childbirth, or related medical conditions shall be treated the 1,565
same for all employment-related purposes, including receipt of 1,566
benefits under fringe benefit programs, as other persons not so 1,567
affected but similar in their ability or inability to work, and 1,568
36
nothing in division (B) of section 4111.17 of the Revised Code 1,569
shall be interpreted to permit otherwise. This division shall 1,570
not be construed to require an employer to pay for health 1,571
insurance benefits for abortion, except where the life of the 1,572
mother would be endangered if the fetus were carried to term or 1,573
except where medical complications have arisen from the abortion, 1,574
provided that nothing in this division precludes an employer from 1,575
providing abortion benefits or otherwise affects bargaining 1,576
agreements in regard to abortion. 1,577
Sec. 4112.02. It shall be an unlawful discriminatory 1,586
practice:
(A) For any employer, because of the race, color, 1,588
religion, sex, national origin, handicap DISABILITY, age, or 1,589
ancestry of any person, to discharge without just cause, to 1,591
refuse to hire, or otherwise to discriminate against that person 1,592
with respect to hire, tenure, terms, conditions, or privileges of 1,593
employment, or any matter directly or indirectly related to 1,594
employment.
(B) For an employment agency or personnel placement 1,596
service, because of race, color, religion, sex, national origin, 1,597
handicap DISABILITY, age, or ancestry, to do any of the 1,598
following: 1,599
(1) Refuse or fail to accept, register, classify properly, 1,601
or refer for employment, or otherwise discriminate against any 1,602
person; 1,603
(2) Comply with a request from an employer for referral of 1,605
applicants for employment if the request directly or indirectly 1,606
indicates that the employer fails to comply with the provisions 1,607
of sections 4112.01 to 4112.07 of the Revised Code. 1,608
(C) For any labor organization to do any of the following: 1,610
(1) Limit or classify its membership on the basis of race, 1,612
color, religion, sex, national origin, handicap DISABILITY, age, 1,613
or ancestry; 1,615
(2) Discriminate against, limit the employment 1,617
37
opportunities of, or otherwise adversely affect the employment 1,618
status, wages, hours, or employment conditions of any person as 1,619
an employee because of race, color, religion, sex, national 1,620
origin, handicap DISABILITY, age, or ancestry. 1,621
(D) For any employer, labor organization, or joint 1,623
labor-management committee controlling apprentice training 1,624
programs to discriminate against any person because of race, 1,625
color, religion, sex, national origin, handicap DISABILITY, or 1,626
ancestry in admission to, or employment in, any program 1,628
established to provide apprentice training. 1,629
(E) Except where based on a bona fide occupational 1,631
qualification certified in advance by the commission, for any 1,632
employer, employment agency, personnel placement service, or 1,633
labor organization, prior to employment or admission to 1,634
membership, to do any of the following: 1,635
(1) Elicit or attempt to elicit any information concerning 1,637
the race, color, religion, sex, national origin, handicap 1,638
DISABILITY, age, or ancestry of an applicant for employment or 1,640
membership;
(2) Make or keep a record of the race, color, religion, 1,642
sex, national origin, handicap DISABILITY, age, or ancestry of 1,643
any applicant for employment or membership; 1,645
(3) Use any form of application for employment, or 1,647
personnel or membership blank, seeking to elicit information 1,648
regarding race, color, religion, sex, national origin, handicap 1,649
DISABILITY, age, or ancestry; but an employer holding a contract 1,651
containing a nondiscrimination clause with the government of the 1,652
United States, or any department or agency of that government, 1,653
may require an employee or applicant for employment to furnish 1,654
documentary proof of United States citizenship and may retain 1,655
that proof in the employer's personnel records and may use 1,656
photographic or fingerprint identification for security purposes; 1,657
(4) Print or publish or cause to be printed or published 1,659
any notice or advertisement relating to employment or membership 1,660
38
indicating any preference, limitation, specification, or 1,661
discrimination, based upon race, color, religion, sex, national 1,662
origin, handicap DISABILITY, age, or ancestry; 1,663
(5) Announce or follow a policy of denying or limiting, 1,665
through a quota system or otherwise, employment or membership 1,666
opportunities of any group because of the race, color, religion, 1,667
sex, national origin, handicap DISABILITY, age, or ancestry of 1,668
that group; 1,669
(6) Utilize in the recruitment or hiring of persons any 1,671
employment agency, personnel placement service, training school 1,672
or center, labor organization, or any other employee-referring 1,673
source known to discriminate against persons because of their 1,674
race, color, religion, sex, national origin, handicap DISABILITY, 1,676
age, or ancestry. 1,677
(F) For any person seeking employment to publish or cause 1,679
to be published any advertisement that specifies or in any manner 1,680
indicates that person's race, color, religion, sex, national 1,681
origin, handicap DISABILITY, age, or ancestry, or expresses a 1,682
limitation or preference as to the race, color, religion, sex, 1,684
national origin, handicap DISABILITY, age, or ancestry of any 1,685
prospective employer. 1,686
(G) For any proprietor or any employee, keeper, or manager 1,688
of a place of public accommodation to deny to any person, except 1,689
for reasons applicable alike to all persons regardless of race, 1,690
color, religion, sex, national origin, handicap DISABILITY, age, 1,691
or ancestry, the full enjoyment of the accommodations, 1,693
advantages, facilities, or privileges of the place of public 1,694
accommodation.
(H) For any person to do any of the following: 1,696
(1) Refuse to sell, transfer, assign, rent, lease, 1,698
sublease, or finance housing accommodations, refuse to negotiate 1,699
for the sale or rental of housing accommodations, or otherwise 1,700
deny or make unavailable housing accommodations because of race, 1,701
color, religion, sex, familial status, ancestry, handicap 1,702
39
DISABILITY, or national origin; 1,704
(2) Represent to any person that housing accommodations 1,706
are not available for inspection, sale, or rental, when in fact 1,707
they are available, because of race, color, religion, sex, 1,708
familial status, ancestry, handicap DISABILITY, or national 1,709
origin; 1,710
(3) Discriminate against any person in the making or 1,712
purchasing of loans or the provision of other financial 1,713
assistance for the acquisition, construction, rehabilitation, 1,714
repair, or maintenance of housing accommodations, or any person 1,715
in the making or purchasing of loans or the provision of other 1,716
financial assistance that is secured by residential real estate, 1,717
because of race, color, religion, sex, familial status, ancestry, 1,718
handicap DISABILITY, or national origin or because of the racial 1,719
composition of the neighborhood in which the housing 1,721
accommodations are located, provided that the person, whether an 1,722
individual, corporation, or association of any type, lends money 1,723
as one of the principal aspects or incident to the person's 1,724
principal business and not only as a part of the purchase price 1,725
of an owner-occupied residence the person is selling nor merely 1,726
casually or occasionally to a relative or friend; 1,727
(4) Discriminate against any person in the terms or 1,729
conditions of selling, transferring, assigning, renting, leasing, 1,730
or subleasing any housing accommodations or in furnishing 1,731
facilities, services, or privileges in connection with the 1,732
ownership, occupancy, or use of any housing accommodations, 1,733
including the sale of fire, extended coverage, or homeowners 1,734
insurance, because of race, color, religion, sex, familial 1,735
status, ancestry, handicap DISABILITY, or national origin or 1,736
because of the racial composition of the neighborhood in which 1,738
the housing accommodations are located; 1,739
(5) Discriminate against any person in the terms or 1,741
conditions of any loan of money, whether or not secured by 1,742
mortgage or otherwise, for the acquisition, construction, 1,743
40
rehabilitation, repair, or maintenance of housing accommodations 1,744
because of race, color, religion, sex, familial status, ancestry, 1,745
handicap DISABILITY, or national origin or because of the racial 1,746
composition of the neighborhood in which the housing 1,748
accommodations are located; 1,749
(6) Refuse to consider without prejudice the combined 1,751
income of both husband and wife for the purpose of extending 1,752
mortgage credit to a married couple or either member of a married 1,753
couple; 1,754
(7) Print, publish, or circulate any statement or 1,756
advertisement, or make or cause to be made any statement or 1,757
advertisement, relating to the sale, transfer, assignment, 1,758
rental, lease, sublease, or acquisition of any housing 1,759
accommodations, or relating to the loan of money, whether or not 1,760
secured by mortgage or otherwise, for the acquisition, 1,761
construction, rehabilitation, repair, or maintenance of housing 1,762
accommodations, that indicates any preference, limitation, 1,763
specification, or discrimination based upon race, color, 1,764
religion, sex, familial status, ancestry, handicap DISABILITY, or 1,766
national origin, or an intention to make any such preference, 1,767
limitation, specification, or discrimination; 1,768
(8) Except as otherwise provided in division (H)(8) or 1,770
(17) of this section, make any inquiry, elicit any information, 1,771
make or keep any record, or use any form of application 1,772
containing questions or entries concerning race, color, religion, 1,773
sex, familial status, ancestry, handicap DISABILITY, or national 1,774
origin in connection with the sale or lease of any housing 1,776
accommodations or the loan of any money, whether or not secured 1,777
by mortgage or otherwise, for the acquisition, construction, 1,778
rehabilitation, repair, or maintenance of housing accommodations. 1,779
Any person may make inquiries, and make and keep records, 1,780
concerning race, color, religion, sex, familial status, ancestry, 1,781
handicap DISABILITY, or national origin for the purpose of 1,783
monitoring compliance with this chapter. 1,784
41
(9) Include in any transfer, rental, or lease of housing 1,786
accommodations any restrictive covenant, or honor or exercise, or 1,787
attempt to honor or exercise, any restrictive covenant; 1,788
(10) Induce or solicit, or attempt to induce or solicit, a 1,790
housing accommodations listing, sale, or transaction by 1,791
representing that a change has occurred or may occur with respect 1,792
to the racial, religious, sexual, familial status, or ethnic 1,793
composition of the block, neighborhood, or other area in which 1,794
the housing accommodations are located, or induce or solicit, or 1,795
attempt to induce or solicit, a housing accommodations listing, 1,796
sale, or transaction by representing that the presence or 1,797
anticipated presence of persons of any race, color, religion, 1,798
sex, familial status, ancestry, handicap DISABILITY, or national 1,799
origin, in the block, neighborhood, or other area will or may 1,801
have results including, but not limited to, the following: 1,802
(a) The lowering of property values; 1,804
(b) A change in the racial, religious, sexual, familial 1,806
status, or ethnic composition of the block, neighborhood, or 1,807
other area; 1,808
(c) An increase in criminal or antisocial behavior in the 1,810
block, neighborhood, or other area; 1,811
(d) A decline in the quality of the schools serving the 1,813
block, neighborhood, or other area. 1,814
(11) Deny any person access to or membership or 1,816
participation in any multiple-listing service, real estate 1,817
brokers' organization, or other service, organization, or 1,818
facility relating to the business of selling or renting housing 1,819
accommodations, or discriminate against any person in the terms 1,820
or conditions of that access, membership, or participation, on 1,821
account of race, color, religion, sex, familial status, national 1,822
origin, handicap DISABILITY, or ancestry; 1,823
(12) Coerce, intimidate, threaten, or interfere with any 1,825
person in the exercise or enjoyment of, or on account of that 1,826
person's having exercised or enjoyed or having aided or 1,827
42
encouraged any other person in the exercise or enjoyment of, any 1,828
right granted or protected by division (H) of this section; 1,829
(13) Discourage or attempt to discourage the purchase by a 1,831
prospective purchaser of housing accommodations, by representing 1,832
that any block, neighborhood, or other area has undergone or 1,833
might undergo a change with respect to its religious, racial, 1,834
sexual, familial status, or ethnic composition; 1,835
(14) Refuse to sell, transfer, assign, rent, lease, 1,837
sublease, or finance, or otherwise deny or withhold, a burial lot 1,838
from any person because of the race, color, sex, familial status, 1,839
age, ancestry, handicap DISABILITY, or national origin of any 1,840
prospective owner or user of the lot; 1,842
(15) Discriminate in the sale or rental of, or otherwise 1,844
make unavailable or deny, housing accommodations to any buyer or 1,845
renter because of a handicap DISABILITY of any of the following: 1,846
(a) The buyer or renter; 1,848
(b) A person residing in or intending to reside in the 1,850
housing accommodations after they are sold, rented, or made 1,851
available; 1,852
(c) Any individual associated with the person described in 1,854
division (H)(15)(b) of this section. 1,855
(16) Discriminate in the terms, conditions, or privileges 1,857
of the sale or rental of housing accommodations to any person or 1,858
in the provision of services or facilities to any person in 1,859
connection with the housing accommodations because of a handicap 1,860
DISABILITY of any of the following: 1,861
(a) That person; 1,863
(b) A person residing in or intending to reside in the 1,865
housing accommodations after they are sold, rented, or made 1,866
available; 1,867
(c) Any individual associated with the person described in 1,869
division (H)(16)(b) of this section. 1,870
(17) Except as otherwise provided in division (H)(17) of 1,872
this section, make an inquiry to determine whether an applicant 1,873
43
for the sale or rental of housing accommodations, a person 1,874
residing in or intending to reside in the housing accommodations 1,875
after they are sold, rented, or made available, or any individual 1,876
associated with that person has a handicap DISABILITY, or make an 1,878
inquiry to determine the nature or severity of a handicap 1,879
DISABILITY of the applicant or such a person or individual. The 1,881
following inquiries may be made of all applicants for the sale or 1,882
rental of housing accommodations, regardless of whether they have 1,883
handicaps DISABILITIES: 1,884
(a) An inquiry into an applicant's ability to meet the 1,886
requirements of ownership or tenancy; 1,887
(b) An inquiry to determine whether an applicant is 1,889
qualified for housing accommodations available only to persons 1,890
with handicaps DISABILITIES or persons with a particular type of 1,891
handicap DISABILITY; 1,892
(c) An inquiry to determine whether an applicant is 1,894
qualified for a priority available to persons with handicaps 1,895
DISABILITIES or persons with a particular type of handicap 1,897
DISABILITY;
(d) An inquiry to determine whether an applicant currently 1,899
uses a controlled substance in violation of section 2925.11 of 1,900
the Revised Code or a substantively comparable municipal 1,901
ordinance; 1,902
(e) An inquiry to determine whether an applicant at any 1,904
time has been convicted of or pleaded guilty to any offense, an 1,905
element of which is the illegal sale, offer to sell, cultivation, 1,906
manufacture, other production, shipment, transportation, 1,908
delivery, or other distribution of a controlled substance. 1,909
(18)(a) Refuse to permit, at the expense of a handicapped 1,911
person WITH A DISABILITY, reasonable modifications of existing 1,912
housing accommodations that are occupied or to be occupied by the 1,913
handicapped person WITH A DISABILITY, if the modifications may be 1,915
necessary to afford the handicapped person WITH A DISABILITY full 1,916
enjoyment of the housing accommodations. This division does not 1,918
44
preclude a landlord of housing accommodations that are rented or 1,919
to be rented to a handicapped DISABLED tenant from conditioning 1,920
permission for a proposed modification upon the handicapped 1,922
DISABLED tenant's doing one or more of the following: 1,924
(i) Providing a reasonable description of the proposed 1,926
modification and reasonable assurances that the proposed 1,927
modification will be made in a workmanlike WORKERLIKE manner and 1,928
that any required building permits will be obtained prior to the 1,929
commencement of the proposed modification; 1,930
(ii) Agreeing to restore at the end of the tenancy the 1,932
interior of the housing accommodations to the condition they were 1,933
in prior to the proposed modification, but subject to reasonable 1,934
wear and tear during the period of occupancy, if it is reasonable 1,935
for the landlord to condition permission for the proposed 1,936
modification upon the agreement; 1,937
(iii) Paying into an interest-bearing escrow account that 1,939
is in the landlord's name, over a reasonable period of time, a 1,940
reasonable amount of money not to exceed the projected costs at 1,941
the end of the tenancy of the restoration of the interior of the 1,942
housing accommodations to the condition they were in prior to the 1,943
proposed modification, but subject to reasonable wear and tear 1,944
during the period of occupancy, if the landlord finds the account 1,945
reasonably necessary to ensure the availability of funds for the 1,946
restoration work. The interest earned in connection with an 1,947
escrow account described in this division shall accrue to the 1,948
benefit of the handicapped DISABLED tenant who makes payments 1,949
into the account. 1,951
(b) A landlord shall not condition permission for a 1,953
proposed modification upon a handicapped DISABLED tenant's 1,954
payment of a security deposit that exceeds the customarily 1,956
required security deposit of all tenants of the particular 1,957
housing accommodations.
(19) Refuse to make reasonable accommodations in rules, 1,959
policies, practices, or services when necessary to afford a 1,960
45
handicapped person WITH A DISABILITY equal opportunity to use and 1,962
enjoy a dwelling unit, including associated public and common use 1,963
areas;
(20) Fail to comply with the standards and rules adopted 1,965
under division (A) of section 3781.111 of the Revised Code; 1,966
(21) Discriminate against any person in the selling, 1,968
brokering, or appraising of real property because of race, color, 1,969
religion, sex, familial status, ancestry, handicap DISABILITY, or 1,971
national origin; 1,972
(22) Fail to design and construct covered multifamily 1,974
dwellings for first occupancy on or after June 30, 1992, in 1,975
accordance with the following conditions: 1,976
(a) The dwellings shall have at least one building 1,978
entrance on an accessible route, unless it is impractical to do 1,979
so because of the terrain or unusual characteristics of the site. 1,980
(b) With respect to dwellings that have a building 1,982
entrance on an accessible route, all of the following apply: 1,983
(i) The public use areas and common use areas of the 1,985
dwellings shall be readily accessible to and usable by 1,986
handicapped persons WITH A DISABILITY. 1,987
(ii) All the doors designed to allow passage into and 1,989
within all premises shall be sufficiently wide to allow passage 1,990
by handicapped persons WITH A DISABILITY WHO ARE in wheelchairs. 1,991
(iii) All premises within covered multifamily dwelling 1,993
units shall contain an accessible route into and through the 1,994
dwelling; all light switches, electrical outlets, thermostats, 1,995
and other environmental controls within such units shall be in 1,996
accessible locations; the bathroom walls within such units shall 1,997
contain reinforcements to allow later installation of grab bars; 1,998
and the kitchens and bathrooms within such units shall be 1,999
designed and constructed in a manner that enables an individual 2,000
in a wheelchair to maneuver about such rooms. 2,001
For purposes of division (H)(22) of this section, "covered 2,003
multifamily dwellings" means buildings consisting of four or more 2,004
46
units if such buildings have one or more elevators and ground 2,005
floor units in other buildings consisting of four or more units. 2,006
(I) For any person to discriminate in any manner against 2,008
any other person because that person has opposed any unlawful 2,009
discriminatory practice defined in this section or because that 2,010
person has made a charge, testified, assisted, or participated in 2,011
any manner in any investigation, proceeding, or hearing under 2,012
sections 4112.01 to 4112.07 of the Revised Code. 2,013
(J) For any person to aid, abet, incite, compel, or coerce 2,015
the doing of any act declared by this section to be an unlawful 2,016
discriminatory practice, to obstruct or prevent any person from 2,017
complying with this chapter or any order issued under it, or to 2,018
attempt directly or indirectly to commit any act declared by this 2,019
section to be an unlawful discriminatory practice. 2,020
(K)(1) Nothing in division (H) of this section shall bar 2,022
any religious or denominational institution or organization, or 2,023
any nonprofit charitable or educational organization that is 2,024
operated, supervised, or controlled by or in connection with a 2,025
religious organization, from limiting the sale, rental, or 2,026
occupancy of housing accommodations that it owns or operates for 2,027
other than a commercial purpose to persons of the same religion, 2,028
or from giving preference in the sale, rental, or occupancy of 2,029
such housing accommodations to persons of the same religion, 2,030
unless membership in the religion is restricted on account of 2,031
race, color, or national origin. 2,032
(2) Nothing in division (H) of this section shall bar any 2,034
bona fide private or fraternal organization that, incidental to 2,035
its primary purpose, owns or operates lodgings for other than a 2,036
commercial purpose, from limiting the rental or occupancy of the 2,037
lodgings to its members or from giving preference to its members. 2,038
(3) Nothing in division (H) of this section limits the 2,040
applicability of any reasonable local, state, or federal 2,041
restrictions regarding the maximum number of occupants permitted 2,042
to occupy housing accommodations. Nothing in that division 2,043
47
prohibits the owners or managers of housing accommodations from 2,044
implementing reasonable occupancy standards based on the number 2,045
and size of sleeping areas or bedrooms and the overall size of a 2,046
dwelling unit, provided that the standards are not implemented to 2,047
circumvent the purposes of this chapter and are formulated, 2,048
implemented, and interpreted in a manner consistent with this 2,049
chapter and any applicable local, state, or federal restrictions 2,050
regarding the maximum number of occupants permitted to occupy 2,051
housing accommodations. 2,052
(4) Nothing in division (H) of this section requires that 2,054
housing accommodations be made available to an individual whose 2,055
tenancy would constitute a direct threat to the health or safety 2,056
of other individuals or whose tenancy would result in substantial 2,057
physical damage to the property of others. 2,058
(5) Nothing in division (H) of this section pertaining to 2,060
discrimination on the basis of familial status shall be construed 2,061
to apply to any of the following: 2,062
(a) Housing accommodations provided under any state or 2,064
federal program that have been determined under the "Fair Housing 2,065
Amendments Act of 1988," 102 Stat. 1623, 42 U.S.C.A. 3607, as 2,066
amended, to be specifically designed and operated to assist 2,067
elderly persons; 2,068
(b) Housing accommodations intended for and solely 2,070
occupied by persons who are sixty-two years of age or older; 2,071
(c) Housing accommodations intended and operated for 2,073
occupancy by at least one person who is fifty-five years of age 2,074
or older per unit, as determined under the "Fair Housing 2,075
Amendments Act of 1988," 102 Stat. 1623, 42 U.S.C.A. 3607, as 2,076
amended. 2,077
(L) Nothing in divisions (A) to (E) of this section shall 2,079
be construed to require a handicapped person WITH A DISABILITY to 2,081
be employed or trained under circumstances that would 2,082
significantly increase the occupational hazards affecting either 2,083
the handicapped person WITH A DISABILITY, other employees, the 2,085
48
general public, or the facilities in which the work is to be 2,086
performed, or to require the employment or training of a 2,087
handicapped person WITH A DISABILITY in a job that requires the 2,088
handicapped person WITH A DISABILITY routinely to undertake any 2,089
task, the performance of which is substantially and inherently 2,090
impaired by the handicapped person's handicap DISABILITY. 2,091
(M) Nothing in divisions (H)(1) to (18) of this section 2,093
shall be construed to require any person selling or renting 2,094
property to modify the property in any way or to exercise a 2,095
higher degree of care for a person having WITH a handicap 2,096
DISABILITY, to relieve any handicapped person WITH A DISABILITY 2,098
of any obligation generally imposed on all persons regardless of 2,100
handicap DISABILITY in a written lease, rental agreement, or 2,102
contract of purchase or sale, or to forbid distinctions based on 2,103
the inability to fulfill the terms and conditions, including 2,104
financial obligations, of the lease, agreement, or contract. 2,105
(N) An aggrieved individual may enforce the individual's 2,107
rights relative to discrimination on the basis of age as provided 2,108
for in this section by instituting a civil action, within two 2,109
years after the alleged unlawful discriminatory practice 2,110
occurred, in any court with jurisdiction for any legal or 2,111
equitable relief that will effectuate the individual's rights. 2,112
A person who files a civil action under this division is 2,114
barred, with respect to the practices complained of, from 2,115
instituting a civil action under section 4112.14 of the Revised 2,116
Code and from filing a charge with the commission under section 2,117
4112.05 of the Revised Code. 2,118
(O) With regard to age, it shall not be an unlawful 2,120
discriminatory practice and it shall not constitute a violation 2,121
of division (A) of section 4112.14 of the Revised Code for any 2,122
employer, employment agency, joint labor-management committee 2,123
controlling apprenticeship training programs, or labor 2,124
organization to do any of the following: 2,125
(1) Establish bona fide employment qualifications 2,127
49
reasonably related to the particular business or occupation that 2,128
may include standards for skill, aptitude, physical capability, 2,129
intelligence, education, maturation, and experience; 2,130
(2) Observe the terms of a bona fide seniority system or 2,132
any bona fide employee benefit plan, including, but not limited 2,133
to, a retirement, pension, or insurance plan, that is not a 2,134
subterfuge to evade the purposes of this section. However, no 2,135
such employee benefit plan shall excuse the failure to hire any 2,136
individual, and no such seniority system or employee benefit plan 2,137
shall require or permit the involuntary retirement of any 2,138
individual, because of the individual's age except as provided 2,139
for in the "Age Discrimination in Employment Act Amendment of 2,140
1978," 92 Stat. 189, 29 U.S.C.A. 623, as amended by the "Age 2,141
Discrimination in Employment Act Amendments of 1986," 100 Stat. 2,142
3342, 29 U.S.C.A. 623, as amended. 2,143
(3) Retire an employee who has attained sixty-five years 2,145
of age who, for the two-year period immediately before 2,146
retirement, is employed in a bona fide executive or a high 2,147
policymaking position, if the employee is entitled to an 2,148
immediate nonforfeitable annual retirement benefit from a 2,149
pension, profit-sharing, savings, or deferred compensation plan, 2,150
or any combination of those plans, of the employer of the 2,151
employee, which equals, in the aggregate, at least forty-four 2,152
thousand dollars, in accordance with the conditions of the "Age 2,153
Discrimination in Employment Act Amendment of 1978," 92 Stat. 2,154
189, 29 U.S.C.A. 631, as amended by the "Age Discrimination in 2,155
Employment Act Amendments of 1986," 100 Stat. 3342, 29 U.S.C.A. 2,156
631, as amended; 2,157
(4) Observe the terms of any bona fide apprenticeship 2,159
program if the program is registered with the Ohio apprenticeship 2,160
council pursuant to sections 4111.25 to 4111.30 of the Revised 2,161
Code and is approved by the federal committee on apprenticeship 2,162
of the United States department of labor. 2,163
(P) Nothing in this chapter prohibiting age discrimination 2,165
50
and nothing in division (A) of section 4112.14 of the Revised 2,166
Code shall be construed to prohibit the following: 2,167
(1) The designation of uniform age the attainment of which 2,169
is necessary for public employees to receive pension or other 2,170
retirement benefits pursuant to Chapter 145., 742., 3307., 3309., 2,171
or 5505. of the Revised Code; 2,172
(2) The mandatory retirement of uniformed patrol officers 2,174
of the state highway patrol as provided in section 5505.16 of the 2,175
Revised Code; 2,176
(3) The maximum age requirements for appointment as a 2,178
patrol officer in the state highway patrol established by section 2,179
5503.01 of the Revised Code; 2,180
(4) The maximum age requirements established for original 2,182
appointment to a police department or fire department in sections 2,183
124.41 and 124.42 of the Revised Code; 2,184
(5) Any maximum age not in conflict with federal law that 2,186
may be established by a municipal charter, municipal ordinance, 2,187
or resolution of a board of township trustees for original 2,188
appointment as a police officer or fire fighter FIREFIGHTER; 2,189
(6) Any mandatory retirement provision not in conflict 2,191
with federal law of a municipal charter, municipal ordinance, or 2,192
resolution of a board of township trustees pertaining to police 2,193
officers and fire fighters FIREFIGHTERS; 2,194
(7) Until January 1, 1994, the mandatory retirement of any 2,196
employee who has attained seventy years of age and who is serving 2,197
under a contract of unlimited tenure, or similar arrangement 2,198
providing for unlimited tenure, at an institution of higher 2,199
education as defined in the "Education Amendments of 1980," 94 2,200
Stat. 1503, 20 U.S.C.A. 1141(a). 2,201
(Q)(1)(a) Except as provided in division (Q)(1)(b) of this 2,203
section, for purposes of divisions (A) to (E) of this section, a 2,204
handicap DISABILITY does not include any physiological disorder 2,205
or condition, mental or psychological disorder, or disease or 2,207
condition caused by an illegal use of any controlled substance by 2,208
51
an employee, applicant, or other person, if an employer, 2,209
employment agency, personnel placement service, labor 2,210
organization, or joint labor-management committee acts on the 2,211
basis of that illegal use. 2,212
(b) Division (Q)(1)(a) of this section does not apply to 2,214
an employee, applicant, or other person who satisfies any of the 2,215
following: 2,216
(i) The employee, applicant, or other person has 2,218
successfully completed a supervised drug rehabilitation program 2,220
and no longer is engaging in the illegal use of any controlled 2,221
substance, or the employee, applicant, or other person otherwise 2,222
successfully has been rehabilitated and no longer is engaging in 2,223
that illegal use.
(ii) The employee, applicant, or other person is 2,225
participating in a supervised drug rehabilitation program and no 2,227
longer is engaging in the illegal use of any controlled 2,228
substance.
(iii) The employee, applicant, or other person is 2,230
erroneously regarded as engaging in the illegal use of any 2,232
controlled substance, but the employee, applicant, or other 2,233
person is not engaging in that illegal use. 2,234
(2) Divisions (A) to (E) of this section do not prohibit 2,236
an employer, employment agency, personnel placement service, 2,237
labor organization, or joint labor-management committee from 2,238
doing any of the following: 2,239
(a) Adopting or administering reasonable policies or 2,241
procedures, including, but not limited to, testing for the 2,242
illegal use of any controlled substance, that are designed to 2,243
ensure that an individual described in division (Q)(1)(b)(i) or 2,244
(ii) of this section no longer is engaging in the illegal use of 2,245
any controlled substance; 2,246
(b) Prohibiting the illegal use of controlled substances 2,248
and the use of alcohol at the workplace by all employees; 2,249
(c) Requiring that employees not be under the influence of 2,251
52
alcohol or not be engaged in the illegal use of any controlled 2,252
substance at the workplace; 2,253
(d) Requiring that employees behave in conformance with 2,255
the requirements established under "The Drug-Free Workplace Act 2,256
of 1988," 102 Stat. 4304, 41 U.S.C.A. 701, as amended; 2,257
(e) Holding an employee who engages in the illegal use of 2,259
any controlled substance or who is an alcoholic to the same 2,260
qualification standards for employment or job performance, and 2,261
the same behavior, to which the employer, employment agency, 2,262
personnel placement service, labor organization, or joint 2,263
labor-management committee holds other employees, even if any 2,264
unsatisfactory performance or behavior is related to an 2,265
employee's illegal use of a controlled substance or alcoholism; 2,266
(f) Exercising other authority recognized in the 2,268
"Americans with Disabilities Act of 1990," 104 Stat. 327, 42 2,269
U.S.C.A. 12101, as amended, including, but not limited to, 2,270
requiring employees to comply with any applicable federal 2,271
standards. 2,272
(3) For purposes of this chapter, a test to determine the 2,274
illegal use of any controlled substance does not include a 2,275
medical examination. 2,276
(4) Division (Q) of this section does not encourage, 2,278
prohibit, or authorize, and shall not be construed as 2,279
encouraging, prohibiting, or authorizing, the conduct of testing 2,280
for the illegal use of any controlled substance by employees, 2,281
applicants, or other persons, or the making of employment 2,282
decisions based on the results of that type of testing. 2,283
Sec. 4112.021. (A) As used in this section: 2,292
(1) "Credit" means the right granted by a creditor to a 2,294
person to defer payment of a debt, or to incur debt and defer its 2,295
payment, or TO purchase property or services and defer payment 2,296
therefor; FOR THE PROPERTY OR SERVICES. 2,297
(2) "Creditor" means any person who regularly extends, 2,299
renews, or continues credit, any person who regularly arranges 2,300
53
for the extension, renewal, or continuation of credit, or any 2,301
assignee of an original creditor who participates in the decision 2,302
to extend, renew, or continue credit, whether or not any interest 2,303
or finance charge is required;. 2,304
(3) "Credit reporting agency" means any person who, for 2,306
monetary fees, OR dues, or on a cooperative nonprofit basis, 2,308
regularly assembles or evaluates credit information for the 2,309
purpose of furnishing credit reports to creditors;. 2,310
(4) "Age" means any age of eighteen years or older. 2,312
(B) It shall be an unlawful discriminatory practice: 2,314
(1) For any creditor to DO ANY OF THE FOLLOWING: 2,316
(a) Discriminate against any applicant for credit in the 2,318
granting, withholding, extending, or renewing of credit, or in 2,319
the fixing of the rates, terms, or conditions of any form of 2,320
credit, on the basis of race, color, religion, age, sex, marital 2,321
status, national origin, handicap DISABILITY, or ancestry, except 2,323
that this division shall not apply with respect to age in any 2,324
real estate transaction between a financial institution, a dealer 2,325
in intangibles, or an insurance company as these terms are 2,326
defined in section 5725.01 of the Revised Code and its customers; 2,327
(b) Use or make any inquiry as to race, color, religion, 2,329
age, sex, marital status, national origin, handicap DISABILITY, 2,330
or ancestry for the purpose of limiting or specifying those 2,332
persons to whom credit will be granted, except that an inquiry of 2,333
marital status does not constitute discrimination for the 2,334
purposes of this section if the inquiry is made for the purpose 2,335
of ascertaining the creditor's rights and remedies applicable to 2,336
the particular extension of credit, and except that creditors are 2,337
excepted from this division with respect to any inquiry, 2,338
elicitation of information, record, or form of application 2,339
required of such A PARTICULAR creditor by any instrumentality or 2,341
agency of the United States, or required of such A PARTICULAR 2,342
creditor by any agency or instrumentality to enforce the "Civil 2,344
Rights Act of 1968," 82 Stat. 84, 85, 42 U.S.C.A. 3608(c); 2,345
54
(c) Refuse to consider the sources of income of an 2,347
applicant for credit, or disregard or ignore the income of an 2,348
applicant, in whole or in part, on the basis of race, color, 2,349
religion, age, sex, marital status, handicap DISABILITY, national 2,351
origin, or ancestry; 2,352
(d) Refuse to grant credit to an individual in any name 2,354
that individual customarily uses, if it has been determined in 2,355
the normal course of business, that the creditor will grant 2,356
credit to the individual; 2,357
(e) Impose any special requirements or conditions, 2,359
including, but not limited to, a requirement for co-obligors or 2,360
reapplication, upon any applicant or class of applicants on the 2,361
basis of race, color, religion, age, sex, marital status, 2,362
national origin, handicap DISABILITY, or ancestry in 2,363
circumstances where similar requirements or conditions are not 2,365
imposed on other applicants similarly situated, unless the 2,366
special requirements or conditions that are imposed with respect 2,367
to age are the result of a real estate transaction exempted under 2,368
division (B)(1)(a) of this section or are the result of programs 2,369
that grant preferences to certain age groups administered by 2,370
instrumentalities or agencies of the United States, a state, or a 2,371
political subdivision of a state; 2,372
(f) Fail or refuse to provide an applicant for credit a 2,374
written statement of the specific reasons for rejection of the 2,375
application if requested in writing by the applicant within sixty 2,376
days of the rejection. The creditor shall provide the written 2,377
statement of the specific reason for rejection within thirty days 2,378
after receipt of such A request OF THAT NATURE. For purposes of 2,380
this section, a statement that the applicant was rejected solely 2,381
on the basis of information received from a credit reporting 2,382
agency or because the applicant failed to meet the standards 2,383
required by the creditor's credit scoring system, uniformly 2,384
applied, shall constitute a specific reason for rejection. 2,385
(g) Fail or refuse after June 30, 1976, to print on or 2,387
55
firmly attach to each application for credit, in a type size no 2,388
smaller than that used throughout most of the application form, 2,389
the following notice: "The Ohio laws against discrimination 2,390
require that all creditors make credit equally available to all 2,391
credit worthy customers, and that credit reporting agencies 2,392
maintain separate credit histories on each individual upon 2,393
request. The Ohio civil rights commission administers compliance 2,394
with this law." This notice is not required to be included in 2,395
applications that have a multi-state distribution if the notice 2,396
is mailed to the applicant with the notice of acceptance or 2,397
rejection of the application. 2,398
(h) Fail or refuse on the basis of race, color, religion, 2,400
age, sex, marital status, national origin, handicap DISABILITY, 2,401
or ancestry to maintain, upon the request of the individual, a 2,403
separate account for each individual to whom credit is extended; 2,404
(i) Fail or refuse on the basis of race, color, religion, 2,406
age, sex, marital status, national origin, handicap DISABILITY, 2,407
or ancestry to maintain records on any account established after 2,409
November 1, 1976, and to furnish information on the accounts to 2,410
credit reporting agencies in a manner that clearly designates the 2,411
contractual liability for repayment as indicated on the 2,412
application for the account, and, if more than one individual is 2,413
contractually liable for repayment, to maintain records and 2,414
furnish information in the name of each individual. This section 2,415
DIVISION does not apply to individuals who are contractually 2,416
liable only if the primary party defaults on the account. 2,418
(2) For any credit reporting agency to DO ANY OF THE 2,420
FOLLOWING:
(a) Fail or refuse on the basis of race, color, religion, 2,422
age, sex, marital status, national origin, handicap DISABILITY, 2,423
or ancestry to maintain, upon the request of the individual, a 2,425
separate file on each individual about whom information is 2,426
assembled or evaluated; 2,427
(b) Fail or refuse on the basis of race, color, religion, 2,429
56
age, sex, marital status, national origin, handicap DISABILITY, 2,430
or ancestry to clearly note, maintain, and report any information 2,432
furnished it under division (B)(1)(i) of this section. 2,433
(C) This section does not prohibit a creditor from 2,435
requesting the signature of both spouses to create a valid lien, 2,436
pass clear title, or waive inchoate rights to property. 2,437
(D) The rights granted by this section may be enforced by 2,439
aggrieved individuals by filing a civil action in a court of 2,440
common pleas within one hundred eighty days after the alleged 2,441
unlawful act DISCRIMINATORY PRACTICE occurred. Upon application 2,442
by the plaintiff and in such circumstances as THAT the court 2,444
considers just, the court in which a civil action under this 2,446
section is brought may appoint an attorney for the plaintiff and 2,447
may authorize the commencement of a civil action upon proper 2,448
showing without the payment of costs. If the court finds that an 2,449
act UNLAWFUL DISCRIMINATORY PRACTICE prohibited by this section 2,450
occurred or is about to occur, the court may grant such relief as 2,452
THAT it considers appropriate, including a permanent or temporary 2,453
injunction, temporary restraining order, or other order, and may 2,454
award to the plaintiff actual COMPENSATORY and punitive damages 2,455
of not less than one hundred dollars, together with attorney's 2,457
fees and court costs. 2,458
(E) Nothing contained in this section shall bar a creditor 2,460
from reviewing an application for credit on the basis of 2,461
established criteria used in the normal course of business for 2,462
the determination of the credit worthiness of the individual 2,463
applicant for credit, including the credit history of the 2,464
applicant. 2,465
Sec. 4112.022. As used in this section, "educational 2,474
institution" means a state university or college, state-assisted 2,475
institution of higher education, nonprofit educational 2,476
institution described in Chapter 1713. of the Revised Code, or 2,477
institution registered under Chapter 3332. of the Revised Code. 2,478
It shall be an unlawful discriminatory practice for any 2,480
57
educational institution to discriminate against any individual on 2,481
account of any handicap DISABILITY: 2,482
(A) In admission or assignment to any academic program, 2,484
course of study, internship, or class offered by the institution; 2,485
(B) In permitting participation in any activity THAT IS 2,487
sponsored by the institution or that takes place on property 2,488
owned, operated, or controlled by the institution; 2,489
(C) In the awarding of any form of financial aid or other 2,491
benefits available to students; 2,492
(D) In admission or assignment to housing or other 2,494
facilities owned, operated, or controlled by the institution; 2,495
(E) In awarding of grades or granting of certificates, 2,497
diplomas, or degrees offered by the institution. 2,498
Nothing in this section prohibits any educational 2,500
institution from establishing bona fide requirements or standards 2,501
for admission or assignment to academic programs, courses, 2,502
internships, or classes; for permitting participation in 2,503
activities; for awarding of financial aid or other benefits; or 2,504
for the granting of grades, certificates, diplomas, or degrees, 2,505
which requirements or standards may include reasonable 2,506
qualifications for demonstrating necessary skill, aptitude, 2,507
physical capability, intelligence, and previous education. 2,508
Nothing in this section requires any educational 2,510
institution to construct, reconstruct, improve, enlarge, or alter 2,511
any building, facility, or property owned, operated, or 2,512
controlled by the institution, in any manner, for the purpose of 2,513
making the building, facility, or property accessible to the 2,514
handicapped PERSONS WITH A DISABILITY, provided that this section 2,515
does not exempt an educational institution from compliance with 2,517
standards adopted under section 3781.111 of the Revised Code. 2,518
Sec. 4112.04. (A) The commission shall do all of the 2,527
following: 2,528
(1) Establish and maintain a principal office in the city 2,530
of Columbus and any other offices within the state that it 2,531
58
considers necessary; 2,532
(2) Appoint an executive director who shall serve at the 2,534
pleasure of the commission and be its principal administrative 2,535
officer. The executive director shall be paid a salary fixed 2,536
pursuant to Chapter 124. of the Revised Code. 2,537
(3) Appoint hearing examiners and other employees and 2,539
agents who it considers necessary and prescribe their duties 2,540
subject to Chapter 124. of the Revised Code; 2,541
(4) Adopt, promulgate, amend, and rescind rules to 2,543
effectuate the provisions of this chapter and the policies and 2,544
practice of the commission in connection with this chapter.; 2,545
(5) Formulate policies to effectuate the purposes of this 2,547
chapter and make recommendations to agencies and officers of the 2,548
state or political subdivisions to effectuate the policies; 2,549
(6) Receive, investigate, and pass upon written charges 2,551
made under oath of unlawful discriminatory practices; 2,552
(7) Make periodic surveys of the existence and effect of 2,554
discrimination because of race, color, religion, sex, familial 2,555
status, national origin, handicap DISABILITY, age, or ancestry on 2,557
the enjoyment of civil rights by persons within the state; 2,558
(8) Report, from time to time, but not less than once a 2,560
year, to the general assembly and the governor, describing in 2,561
detail the investigations, proceedings, and hearings it has 2,562
conducted and their outcome, the decisions it has rendered, and 2,563
the other work performed by it, which report shall include a copy 2,564
of any surveys prepared pursuant to division (A)(7) of this 2,565
section and shall include the recommendations of the commission 2,566
as to legislative or other remedial action; 2,567
(9) Prepare a comprehensive educational program, in 2,569
cooperation with the department of education, for the students of 2,570
the public schools of this state and for all other residents of 2,571
this state that is designed to eliminate prejudice on the basis 2,572
of race, color, religion, sex, familial status, national origin, 2,573
handicap DISABILITY, age, or ancestry in this state, to further 2,574
59
good will among those groups, and to emphasize the origin of 2,576
prejudice against those groups, its harmful effects, and its 2,577
incompatibility with American principles of equality and fair 2,578
play; 2,579
(10) Receive progress reports from agencies, 2,581
instrumentalities, institutions, boards, commissions, and other 2,582
entities of this state or any of its political subdivisions and 2,583
their agencies, instrumentalities, institutions, boards, 2,584
commissions, and other entities regarding affirmative action 2,585
programs for the employment of persons against whom 2,586
discrimination is prohibited by this chapter, or regarding any 2,587
affirmative housing accommodations programs developed to 2,588
eliminate or reduce an imbalance of race, color, religion, sex, 2,589
familial status, national origin, handicap DISABILITY, or 2,590
ancestry. All agencies, instrumentalities, institutions, boards, 2,592
commissions, and other entities of this state or its political 2,593
subdivisions, and all political subdivisions, that have 2,594
undertaken affirmative action programs pursuant to a conciliation 2,595
agreement with the commission, an executive order of the 2,596
governor, any federal statute or rule, or an executive order of 2,597
the president of the United States shall file progress reports 2,598
with the commission annually on or before the first day of 2,599
November. The commission shall analyze and evaluate the progress 2,600
reports and report its findings annually to the general assembly 2,601
on or before the thirtieth day of January of the year immediately 2,602
following the receipt of the reports. 2,603
(B) The commission may do any of the following: 2,605
(1) Meet and function at any place within the state; 2,607
(2) Initiate and undertake on its own motion 2,609
investigations of problems of employment or housing 2,610
accommodations discrimination; 2,611
(3) Hold hearings, subpoena witnesses, compel their 2,613
attendance, administer oaths, take the testimony of any person 2,614
under oath, require the production for examination of any books 2,615
60
and papers relating to any matter under investigation or in 2,616
question before the commission, and make rules as to the issuance 2,617
of subpoenas by individual commissioners. 2,618
(a) In conducting a hearing or investigation, the 2,620
commission shall have access at all reasonable times to premises, 2,621
records, documents, individuals, and other evidence or possible 2,622
sources of evidence and may examine, record, and copy the 2,623
premises, records, documents, and other evidence or possible 2,624
sources of evidence and take and record the testimony or 2,625
statements of the individuals as reasonably necessary for the 2,626
furtherance of the hearing or investigation. In investigations, 2,627
the commission shall comply with the fourth amendment to the 2,628
United States Constitution relating to unreasonable searches and 2,629
seizures. The commission or a member of the commission may issue 2,630
subpoenas to compel access to or the production of premises, 2,631
records, documents, and other evidence or possible sources of 2,632
evidence or the appearance of individuals, and may issue 2,633
interrogatories to a respondent, to the same extent and subject 2,634
to the same limitations as would apply if the subpoenas or 2,635
interrogatories were issued or served in aid of a civil action in 2,636
a court of common pleas. 2,637
(b) Upon written application by a respondent, the 2,639
commission shall issue subpoenas in its name to the same extent 2,640
and subject to the same limitations as subpoenas issued by the 2,641
commission. Subpoenas issued at the request of a respondent 2,642
shall show on their face the name and address of the respondent 2,643
and shall state that they were issued at his THE RESPONDENT'S 2,644
request. 2,645
(c) Witnesses summoned by subpoena of the commission are 2,647
entitled to the same witness and mileage fees as are witnesses in 2,648
proceedings in a court of common pleas. 2,649
(d) Within five days after service of a subpoena upon any 2,651
person, the person may petition the commission to revoke or 2,652
modify the subpoena. The commission shall grant the petition if 2,653
61
it finds that the subpoena requires an appearance or attendance 2,654
at an unreasonable time or place, that it requires production of 2,655
evidence that does not relate to any matter before the 2,656
commission, that it does not describe with sufficient 2,657
particularity the evidence to be produced, that compliance would 2,658
be unduly onerous, or for other good reason. 2,659
(e) In case of contumacy or refusal to obey a subpoena, 2,661
the commission or person at whose request it was issued may 2,662
petition for its enforcement in the court of common pleas in the 2,663
county in which the person to whom the subpoena was addressed 2,664
resides, was served, or transacts business. 2,665
(4) Create local or statewide advisory agencies and 2,667
conciliation councils to aid in effectuating the purposes of this 2,668
chapter. The commission may itself, or it may empower these 2,669
agencies and councils to, do either or both of the following: 2,670
(a) Study the problems of discrimination in all or 2,672
specific fields of human relationships when based on race, color, 2,673
religion, sex, familial status, national origin, handicap 2,674
DISABILITY, age, or ancestry; 2,676
(b) Foster through community effort, or otherwise, good 2,678
will among the groups and elements of the population of the 2,679
state. 2,680
The agencies and councils may make recommendations to the 2,682
commission for the development of policies and procedures in 2,683
general. They shall be composed of representative citizens who 2,684
shall serve without pay, except that reimbursement for actual and 2,685
necessary traveling expenses shall be made to citizens who serve 2,686
on a statewide agency or council. 2,687
(5) Issue any publications and the results of 2,689
investigations and research that in its judgment will tend to 2,690
promote good will and minimize or eliminate discrimination 2,691
because of race, color, religion, sex, familial status, national 2,692
origin, handicap DISABILITY, age, or ancestry. 2,693
Sec. 4112.05. (A) The commission, as provided in this 2,702
62
section, shall prevent any person from engaging in unlawful 2,703
discriminatory practices, provided that, before instituting the 2,704
formal hearing authorized by division (B) of this section, it 2,705
shall attempt, by informal methods of conference, conciliation, 2,706
and persuasion, to induce compliance with this chapter. 2,707
(B)(1) Any person may file a charge with the commission 2,709
alleging that another person has engaged or is engaging in an 2,710
unlawful discriminatory practice. In the case of a charge 2,711
alleging an unlawful discriminatory practice described in 2,712
division (A), (B), (C), (D), (E), (F), (G), (I), or (J) of 2,713
section 4112.02 or in section 4112.021 or 4112.022 of the Revised 2,714
Code, the charge shall be in writing and under oath and shall be 2,715
filed with the commission within six months after the alleged 2,716
unlawful discriminatory practice was committed. In the case of a 2,717
charge alleging an unlawful discriminatory practice described in 2,718
division (H) of section 4112.02 of the Revised Code, the charge 2,719
shall be in writing and under oath and shall be filed with the 2,720
commission within one year after the alleged unlawful 2,721
discriminatory practice was committed. 2,722
(2) Upon receiving a charge, the commission may initiate a 2,724
preliminary investigation to determine whether it is probable 2,725
that an unlawful discriminatory practice has been or is being 2,726
engaged in. The commission also may conduct, upon its own 2,727
initiative and independent of the filing of any charges, a 2,728
preliminary investigation relating to any of the unlawful 2,729
discriminatory practices described in division (A), (B), (C), 2,730
(D), (E), (F), (I), or (J) of section 4112.02 or in section 2,731
4112.021 or 4112.022 of the Revised Code. Prior to a 2,732
notification of a complainant under division (B)(4) of this 2,733
section or prior to the commencement of informal methods of 2,734
conference, conciliation, and persuasion under that division, the 2,735
members of the commission and the officers and employees of the 2,736
commission shall not make public in any manner and shall retain 2,737
as confidential all information that was obtained as a result of 2,738
63
or that otherwise pertains to a preliminary investigation other 2,739
than one described in division (B)(3) of this section. 2,740
(3)(a) Unless it is impracticable to do so and subject to 2,742
its authority under division (B)(3)(d) of this section, the 2,743
commission shall complete a preliminary investigation of a charge 2,744
filed pursuant to division (B)(1) of this section that alleges an 2,745
unlawful discriminatory practice described in division (H) of 2,746
section 4112.02 of the Revised Code, and shall take one of the 2,747
following actions, within one hundred days after the filing of 2,748
the charge: 2,749
(i) Notify the complainant and the respondent that it is 2,751
not probable that an unlawful discriminatory practice described 2,752
in division (H) of section 4112.02 of the Revised Code has been 2,753
or is being engaged in and that the commission will not issue a 2,754
complaint in the matter; 2,755
(ii) Initiate a complaint and schedule it for informal 2,757
methods of conference, conciliation, and persuasion; 2,758
(iii) Initiate a complaint and refer it to the attorney 2,760
general with a recommendation to seek a temporary or permanent 2,761
injunction or a temporary restraining order. If this action is 2,762
taken, the attorney general shall apply, as expeditiously as 2,763
possible after receipt of the complaint, to the court of common 2,764
pleas of the county in which the unlawful discriminatory practice 2,765
allegedly occurred for the appropriate injunction or order, and 2,766
the court shall hear and determine the application as 2,767
expeditiously as possible. 2,768
(b) If it is not practicable to comply with the 2,770
requirements of division (B)(3)(a) of this section within the 2,771
one-hundred-day period described in that division, the commission 2,772
shall notify the complainant and the respondent in writing of the 2,773
reasons for the noncompliance. 2,774
(c) Prior to the issuance of a complaint under division 2,776
(B)(3)(a)(ii) or (iii) of this section or prior to a notification 2,777
of the complainant and the respondent under division (B)(3)(a)(i) 2,778
64
of this section, the members of the commission and the officers 2,779
and employees of the commission shall not make public in any 2,780
manner and shall retain as confidential all information that was 2,781
obtained as a result of or that otherwise pertains to a 2,782
preliminary investigation of a charge filed pursuant to division 2,783
(B)(1) of this section that alleges an unlawful discriminatory 2,784
practice described in division (H) of section 4112.05 of the 2,785
Revised Code. 2,786
(d) Notwithstanding the types of action described in 2,788
divisions (B)(3)(a)(ii) and (iii) of this section, prior to the 2,789
issuance of a complaint or the referral of a complaint to the 2,790
attorney general and prior to endeavoring to eliminate an 2,791
unlawful discriminatory practice described in division (H) of 2,792
section 4112.02 of the Revised Code by informal methods of 2,793
conference, conciliation, and persuasion, the commission may seek 2,794
a temporary or permanent injunction or a temporary restraining 2,795
order in the court of common pleas of the county in which the 2,796
unlawful discriminatory practice allegedly occurred. 2,797
(4) If the commission determines after a preliminary 2,799
investigation other than one described in division (B)(3) of this 2,800
section that it is not probable that an unlawful discriminatory 2,801
practice has been or is being engaged in, it shall notify any 2,802
complainant under division (B)(1) of this section that it has so 2,803
determined and that it will not issue a complaint in the matter. 2,804
If the commission determines after a preliminary investigation 2,805
other than the one described in division (B)(3) of this section 2,806
that it is probable that an unlawful discriminatory practice has 2,807
been or is being engaged in, it shall endeavor to eliminate the 2,808
practice by informal methods of conference, conciliation, and 2,809
persuasion. 2,810
(5) Nothing said or done during informal methods of 2,812
conference, conciliation, and persuasion under this section shall 2,813
be disclosed by any member of the commission or its staff or be 2,814
used as evidence in any subsequent hearing or other proceeding. 2,815
65
If, after a preliminary investigation and the use of informal 2,816
methods of conference, conciliation, and persuasion under this 2,817
section, the commission is satisfied that any unlawful 2,818
discriminatory practice will be eliminated, it may treat the 2,819
charge involved as being conciliated and enter that disposition 2,820
on the records of the commission. If the commission fails to 2,821
effect the elimination of an unlawful discriminatory practice by 2,822
informal methods of conference, conciliation, and persuasion 2,823
under this section and to obtain voluntary compliance with this 2,824
chapter, the commission shall issue and cause to be served upon 2,825
any person, including the respondent against whom a complainant 2,826
has filed a charge pursuant to division (B)(1) of this section, a 2,827
complaint stating the charges involved and containing a notice of 2,828
an opportunity for a hearing before the commission, a member of 2,829
the commission, or a hearing examiner at a place that is stated 2,830
in the notice and that is located within the county in which the 2,831
alleged unlawful discriminatory practice has occurred or is 2,832
occurring or in which the respondent resides or transacts 2,833
business. The hearing shall be held not less than thirty days 2,834
after the service of the complaint upon the complainant, the 2,835
aggrieved persons other than the complainant on whose behalf the 2,836
complaint is issued, and the respondent, unless the complainant, 2,837
an aggrieved person, or the respondent elects to proceed under 2,838
division (A)(2) of section 4112.051 of the Revised Code when that 2,839
division is applicable. If a complaint pertains to an alleged 2,840
unlawful discriminatory practice described in division (H) of 2,841
section 4112.02 of the Revised Code, the complaint shall notify 2,842
the complainant, an aggrieved person, and the respondent of the 2,843
right of the complainant, an aggrieved person, or the respondent 2,844
to elect to proceed with the administrative hearing process under 2,845
this section or to proceed under division (A)(2) of section 2,846
4112.051 of the Revised Code. 2,847
(6) The attorney general shall represent the commission at 2,849
any hearing held pursuant to division (B)(5) of this section and 2,850
66
shall present the evidence in support of the complaint. 2,851
(7) Any complaint issued pursuant to division (B)(5) of 2,853
this section after the filing of a charge under division (B)(1) 2,854
of this section shall be so issued within one year after the 2,855
complainant filed the charge with respect to an alleged unlawful 2,856
discriminatory practice. 2,857
(C) Any complaint issued pursuant to division (B) of this 2,859
section may be amended by the commission, a member of the 2,860
commission, or the hearing examiner conducting a hearing under 2,861
division (B) of this section, at any time prior to or during the 2,862
hearing. The respondent has the right to file an answer or an 2,863
amended answer to the original and amended complaints and to 2,864
appear at the hearing in person, by attorney, or otherwise to 2,865
examine and cross-examine witnesses. 2,866
(D) The complainant shall be a party to a hearing under 2,868
division (B) of this section, and any person who is an 2,869
indispensable party to a complete determination or settlement of 2,870
a question involved in the hearing shall be joined. Any person 2,871
who has or claims an interest in the subject of the hearing and 2,872
in obtaining or preventing relief against the unlawful 2,873
discriminatory practices complained of may be permitted, in the 2,874
discretion of the person or persons conducting the hearing, to 2,875
appear for the presentation of oral or written arguments. 2,876
(E) In any hearing under division (B) of this section, the 2,878
commission, a member of the commission, or the hearing examiner 2,879
shall not be bound by the Rules of Evidence but, in ascertaining 2,880
the practices followed by the respondent, shall take into account 2,881
all reliable, probative, and substantial statistical or other 2,882
evidence produced at the hearing that may tend to prove the 2,883
existence of a predetermined pattern of employment or membership, 2,884
provided that nothing contained in this section shall be 2,885
construed to authorize or require any person to observe the 2,886
proportion that persons of any race, color, religion, sex, 2,887
familial status, national origin, handicap DISABILITY, age, or 2,888
67
ancestry bear to the total population or in accordance with any 2,890
criterion other than the individual qualifications of the 2,891
applicant.
(F) The testimony taken at a hearing under division (B) of 2,893
this section shall be under oath and shall be reduced to writing 2,894
and filed with the commission. Thereafter, in its discretion, 2,895
the commission, upon the service of a notice upon the complainant 2,896
and the respondent that indicates an opportunity to be present, 2,897
may take further testimony or hear argument. 2,898
(G)(1) If, upon all reliable, probative, and substantial 2,900
evidence presented at a hearing under division (B) of this 2,901
section, the commission determines that the respondent has 2,902
engaged in, or is engaging in, any unlawful discriminatory 2,903
practice, whether against the complainant or others, the 2,904
commission shall state its findings of fact and conclusions of 2,905
law and shall issue and, subject to the provisions of Chapter 2,906
119. of the Revised Code, cause to be served on the respondent an 2,907
order requiring the respondent to cease and desist from the 2,908
unlawful discriminatory practice, requiring the respondent to 2,909
take any further affirmative or other action that will effectuate 2,910
the purposes of this chapter, including, but not limited to, 2,911
hiring, reinstatement, or upgrading of employees with or without 2,912
back pay, or admission or restoration to union membership, and 2,913
requiring the respondent to report to the commission the manner 2,914
of compliance. If the commission directs payment of back pay, it 2,915
shall make allowance for interim earnings. If it finds a 2,916
violation of division (H) of section 4112.02 of the Revised Code, 2,917
the commission additionally shall require the respondent to pay 2,918
actual damages and reasonable attorney's fees, and may award to 2,919
the complainant punitive damages as follows: 2,920
(a) If division (G)(1)(b) or (c) of this section does not 2,922
apply, punitive damages in an amount not to exceed ten thousand 2,923
dollars; 2,924
(b) If division (G)(1)(c) of this section does not apply 2,926
68
and if the respondent has been determined by a final order of the 2,927
commission or by a final judgment of a court to have committed 2,928
one violation of division (H) of section 4112.02 of the Revised 2,929
Code during the five-year period immediately preceding the date 2,930
on which a complaint was issued pursuant to division (B) of this 2,931
section, punitive damages in an amount not to exceed twenty-five 2,932
thousand dollars; 2,933
(c) If the respondent has been determined by a final order 2,935
of the commission or by a final judgment of a court to have 2,936
committed two or more violations of division (H) of section 2,937
4112.02 of the Revised Code during the seven-year period 2,938
immediately preceding the date on which a complaint was issued 2,939
pursuant to division (B) of this section, punitive damages in an 2,940
amount not to exceed fifty thousand dollars. 2,941
(2) Upon the submission of reports of compliance, the 2,943
commission may issue a declaratory order stating that the 2,944
respondent has ceased to engage in particular unlawful 2,945
discriminatory practices. 2,946
(H) If the commission finds that no probable cause exists 2,948
for crediting charges of unlawful discriminatory practices or if, 2,949
upon all the evidence presented at a hearing under division (B) 2,950
of this section on a charge, the commission finds that a 2,951
respondent has not engaged in any unlawful discriminatory 2,952
practice against the complainant or others, it shall state its 2,953
findings of fact and shall issue and cause to be served on the 2,954
complainant an order dismissing the complaint as to the 2,955
respondent. A copy of the order shall be delivered in all cases 2,956
to the attorney general and any other public officers whom the 2,957
commission considers proper. 2,958
(I) Until the time period for appeal set forth in division 2,960
(H) of section 4112.06 of the Revised Code expires, the 2,961
commission, subject to the provisions of Chapter 119. of the 2,962
Revised Code, at any time, upon reasonable notice, and in the 2,963
manner it considers proper, may modify or set aside, in whole or 2,964
69
in part, any finding or order made by it under this section. 2,965
Sec. 4112.08. This chapter shall be construed liberally 2,974
for the accomplishment of its purposes, and any law inconsistent 2,975
with any provision of this chapter shall not apply. Nothing 2,976
contained in this chapter shall be considered to repeal any of 2,977
the provisions of any law of this state relating to 2,978
discrimination because of race, color, religion, sex, familial 2,979
status, handicap DISABILITY, national origin, age, or ancestry, 2,980
except that any person filing a charge under division (B)(1) of 2,982
section 4112.05 of the Revised Code is, with respect to the 2,983
unlawful discriminatory practices complained of, IS barred from 2,984
instituting a civil action under section 4112.14 or division (N) 2,985
of section 4112.02 of the Revised Code. 2,986
Sec. 4117.19. (A) Every employee organization that is 2,995
certified or recognized as a representative of public employees 2,996
under Chapter 4117. of the Revised Code shall file with the state 2,997
employment relations board a registration report, THAT IS signed 2,998
by its president or other appropriate officer. The report shall 3,000
be in a form prescribed by the board and accompanied by two 3,001
copies of the employee organization's constitution and bylaws. 3,002
The board shall accept a filing by a statewide, national, or 3,003
international employee organization of its constitution and 3,004
bylaws in lieu of a filing of such THE documents by each 3,005
subordinate organization. The exclusive representative or other 3,007
employee organization originally filing its constitution and 3,008
bylaws shall report, promptly, to the board all changes or 3,009
amendments to its constitution and bylaws. 3,010
(B) Every employee organization shall file with the board 3,012
an annual report. The report shall be in a form prescribed by 3,013
the board, and shall contain the following information: 3,014
(1) The names and addresses of the organization, any 3,016
parent organization or organizations with which it is affiliated, 3,017
and all organizationwide officers; 3,018
(2) The name and address of its local agent for service of 3,020
70
process; 3,021
(3) A general description of the public employees the 3,023
organization represents or seeks to represent; 3,024
(4) The amounts of the initiation fee and monthly dues 3,026
members must pay; 3,027
(5) A pledge, in a form prescribed by the board, that the 3,029
organization will comply with the laws of the state and that it 3,030
will accept members without regard to age, race, color, sex, 3,031
creed, religion, ancestry, national origin, handicap DISABILITY 3,032
AS DEFINED IN SECTION 4112.01 OF THE REVISED CODE, or physical 3,033
disability as provided by law; 3,034
(6) A financial report. 3,036
(C) The constitution or bylaws of every employee 3,038
organization shall DO ALL OF THE FOLLOWING: 3,039
(1) Require that the organization keep accurate accounts 3,041
of all income and expenses, prepare an annual financial report, 3,042
keep open for inspection by any member of the organization its 3,043
accounts, and make loans to officers and agents only on terms and 3,044
conditions available to all members; 3,045
(2) Prohibit business or financial interests of its 3,047
officers and agents, their spouses, minor children, parents, or 3,048
otherwise, in conflict with the fiduciary obligation of such 3,049
persons to the organization; 3,050
(3) When specifically requested by the board, require 3,052
every official who is designated as a fiscal officer of an 3,053
employee organization and who is responsible for funds or other 3,054
property of the organization or trust in which an organization is 3,055
interested, or a subsidiary organization be bonded with the 3,056
amount, scope, and form of the bond determined by the board; 3,057
(4) Require periodic elections of officers by secret 3,059
ballot subject to recognized safeguards concerning the equal 3,060
right of all members to nominate, seek office, and vote in the 3,061
elections, the right of individual members to participate in the 3,062
affairs of the organization, and fair and equitable procedures in 3,063
71
disciplinary actions. 3,064
(D) The board shall prescribe rules necessary to govern 3,066
the establishment and reporting of trusteeships over employee 3,067
organizations. The establishment of trusteeships is permissible 3,068
only if the constitution or bylaws of the organization set forth 3,069
reasonable procedures. 3,070
(E) The board may withhold certification of an employee 3,072
organization that willfully refuses to register or file an annual 3,073
report, or that willfully refuses to comply with other provisions 3,074
of this section. The board may revoke a certification of an 3,075
employee organization for willfully failing to comply with this 3,076
section. The board may enforce the prohibitions contained in 3,077
this section by petitioning the court of common pleas of the 3,078
county in which the violation occurs for an injunction. Persons 3,079
complaining of A violation of this section shall file the 3,080
complaint with the board. 3,081
(F) Upon the written request to the board of any member of 3,083
a certified employee organization and where the board determines 3,084
the necessity for an audit, the board may require the employee 3,085
organization to provide a certified audit of its financial 3,086
records. 3,087
(G) Any employee organization subject to the 3,089
"Labor-Management Reporting and Disclosure Act of 1959," 73 Stat. 3,090
519, 29 U.S.C.A., 401, as amended, may file copies with the board 3,091
of all reports it is required to file under that act in lieu of 3,092
compliance with all parts of this section other than division (A) 3,093
of this section. The board shall accept a filing by a statewide, 3,094
national, or international employee organization of its reports 3,095
in lieu of a filing of such reports by each subordinate 3,096
organization. 3,097
Sec. 4735.16. (A) Every real estate broker licensed under 3,106
this chapter shall have and maintain a definite place of business 3,107
in this state and shall erect or maintain a sign on the premises 3,108
plainly stating that the licensee is a real estate broker. If 3,109
72
the real estate broker maintains one or more branch offices, he 3,110
THE REAL ESTATE BROKER shall erect or maintain a sign at each 3,111
branch office plainly stating that the licensee is a real estate 3,112
broker.
(B) Any licensed real estate broker or salesman 3,114
SALESPERSON who advertises to buy, sell, exchange, or lease real 3,115
estate, including, but not limited to, any licensed real estate 3,116
broker or salesman SALESPERSON who advertises to sell, exchange, 3,117
or lease real estate that he THE LICENSEE owns, shall be 3,119
identified in the advertisement by name and by indicating that he 3,121
THE LICENSEE is a real estate broker or real estate salesman 3,123
SALESPERSON. Except a real estate salesman SALESPERSON who 3,124
advertises the sale, exchange, or lease of real estate that he 3,125
THE SALESPERSON owns and that is not listed for sale, exchange, 3,126
or lease with a real estate broker, any real estate salesman 3,127
SALESPERSON who advertises, as provided in this section, also 3,129
shall indicate in his THE advertisement the name of the broker 3,131
under whom he THE SALESPERSON is licensed and the fact that his 3,132
THE SALESPERSON'S broker is a real estate broker. The name of 3,133
the broker shall be displayed in equal prominence with the name 3,134
of the salesman SALESPERSON in the advertisement. 3,135
Any real estate broker or real estate salesman SALESPERSON 3,137
who advertises in a manner other than as provided in this section 3,138
is guilty of violating division (A)(21) of section 4735.18 of the 3,139
Revised Code. 3,140
(C) A real estate broker or salesman SALESPERSON obtaining 3,142
the signature of a party to a listing or other agreement involved 3,143
in a real estate transaction shall furnish a copy of the listing 3,144
or other agreement to the party immediately after obtaining his 3,145
THE PARTY'S signature. Every broker's office shall prominently 3,146
display in the same immediate area as licenses are displayed a 3,147
statement that it is illegal to discriminate against any person 3,148
because of race, color, religion, sex, familial status, as 3,149
defined in section 4112.01 of the Revised Code, national origin, 3,150
73
handicap, DISABILITY as defined in that section, or ancestry in 3,152
the sale or rental of housing or residential lots, in advertising 3,153
the sale or rental of housing, in the financing of housing, or in 3,154
the provision of real estate brokerage services, and that 3,155
blockbusting also is illegal. The statement shall bear the United 3,156
States department of housing and urban development equal housing 3,157
logo and also, shall contain the information that the broker and 3,158
his salesmen THE BROKER'S SALESPERSONS are licensed by the 3,159
division of real estate and that the division can assist with any 3,160
consumer complaints or inquiries, and shall explain the 3,161
provisions of section 4735.12 of the Revised Code. The statement 3,162
shall provide the division's address and telephone number. The 3,163
Ohio real estate commission shall provide by rule for the wording 3,164
and size of the statement. The pamphlet required under section 3,165
4735.03 of the Revised Code shall contain the same statement that 3,166
is required on the statement displayed as provided in this 3,167
section and shall be made available by real estate brokers and 3,168
salesmen SALESPERSONS to their clients. The commission shall 3,169
provide the wording and size of the pamphlet. 3,170
Sec. 4735.55. (A) Each written agency agreement shall 3,179
contain all of the following: 3,180
(1) An expiration date; 3,182
(2) A statement that it is illegal, pursuant to the Ohio 3,184
fair housing law, division (H) of section 4112.02 of the Revised 3,185
Code, and the federal fair housing law, 42 U.S.C.A. 3601, to 3,187
refuse to sell, transfer, assign, rent, lease, sublease, or 3,189
finance housing accommodations, refuse to negotiate for the sale 3,190
or rental of housing accommodations, or otherwise deny or make 3,191
unavailable housing accommodations because of race, color, 3,192
religion, sex, familial status AS DEFINED IN SECTION 4112.01 OF 3,193
THE REVISED CODE, ancestry, handicap DISABILITY AS DEFINED IN
THAT SECTION, or national origin; or to so discriminate in 3,195
advertising the sale or rental of housing, in the financing of 3,196
housing, or in the provision of real estate brokerage services; 3,197
74
(3) A statement defining the practice known as 3,199
"blockbusting" and stating that it is illegal; 3,200
(4) A copy of the United States department of housing and 3,202
urban development equal housing opportunity logotype, as set 3,203
forth in 24 C.F.R. 109.30.
(B) Each written agency agreement shall contain a place 3,205
for the licensee and the client to sign and date the agreement. 3,206
(C) A licensee shall furnish a copy of any written agency 3,209
agreement to a client in a timely manner after the licensee and 3,210
the client have signed and dated it.
Sec. 4757.07. The counselor and social worker board and 3,219
its professional standards committees shall not discriminate 3,220
against any licensee, registrant, or applicant for a license or 3,221
certificate of registration under this chapter because of the 3,222
person's race, color, religion, sex, national origin, handicap 3,223
DISABILITY AS DEFINED IN SECTION 4112.01 OF THE REVISED CODE, or 3,224
age. The board or committee, as appropriate, shall afford a 3,225
hearing to any person who files with the board or committee a
statement alleging discrimination based on any of those reasons. 3,226
Sec. 5119.61. Any provision in this chapter that refers to 3,235
a board of alcohol, drug addiction, and mental health services 3,236
also refers to the community mental health board in an alcohol, 3,237
drug addiction, and mental health service district that has a 3,238
community mental health board. 3,239
The director of mental health with respect to all 3,241
facilities and programs established and operated under Chapter 3,242
340. of the Revised Code for mentally ill and emotionally 3,243
disturbed persons, shall DO ALL OF THE FOLLOWING: 3,244
(A) Make such rules pursuant to Chapter 119. of the 3,246
Revised Code as THAT may be necessary to carry out the purposes 3,247
of Chapter 340. and sections 5119.61 to 5119.63 of the Revised 3,249
Code;
(B) Adopt rules requiring each public or private agency 3,251
providing mental health services or facilities under a contract 3,252
75
with a board of alcohol, drug addiction, and mental health 3,253
services and any program operated by such a board to have a 3,254
written policy that addresses the rights of clients including ALL 3,255
OF THE FOLLOWING: 3,256
(1) The right to a copy of the agency's policy of client 3,258
rights; 3,259
(2) The right at all times to be treated with 3,261
consideration and respect for his THE CLIENT'S privacy and 3,262
dignity; 3,263
(3) The right to have access to his THE CLIENT'S own 3,265
psychiatric, medical, or other treatment records unless access is 3,266
specifically restricted in the client's treatment plan for clear 3,267
treatment reasons; 3,268
(4) The right to have a client rights officer provided by 3,270
the board or agency advise him THE CLIENT of his THE CLIENT'S 3,272
rights, including his THE CLIENT'S rights under Chapter 5122. of 3,273
the Revised Code if he THE CLIENT is committed to the board or 3,274
agency.
(C) Require each board of alcohol, drug addiction, and 3,276
mental health services to ensure that each contract agency 3,277
establishes grievance procedures available to all recipients of 3,278
services or applicants for services; 3,279
(D) Define minimum standards for qualifications of 3,281
personnel, professional services, and mental health 3,283
professionals, as that term is defined in section 340.02 of the
Revised Code; 3,284
(E) Review and evaluate, and, taking into account the 3,286
findings and recommendations of the board of alcohol, drug 3,287
addiction, and mental health services of the district served by 3,288
the program and the requirements and priorities of the state 3,289
mental health plan, including the needs of residents of the 3,290
district now residing in state mental institutions, approve and 3,291
allocate funds to support community programs, and make 3,292
recommendations for needed improvements to boards of alcohol, 3,293
76
drug addiction, and mental health services; 3,294
(F) Withhold state and federal funds for any program, in 3,296
whole or in part, from a board of alcohol, drug addiction, and 3,297
mental health services in the event of failure of that program to 3,298
comply with Chapter 340. or section 5119.61 or 5119.62 of the 3,299
Revised Code or rules of the department of mental health. The 3,300
director shall identify the areas of noncompliance and the action 3,301
necessary to achieve compliance. The director shall offer 3,302
technical assistance to the board to achieve compliance. The 3,303
director shall give the board a reasonable time within which to 3,304
comply or to present its position that it is in compliance. 3,305
Before withholding funds, a hearing shall be conducted to 3,306
determine if there are continuing violations and that either 3,307
assistance is rejected or the board is unable to achieve 3,308
compliance. Subsequent to the hearing process, if it is 3,309
determined that compliance has not been achieved, the director 3,310
may allocate all or part of the withheld funds to a public or 3,311
private agency, to provide the services not in compliance, until 3,312
such THE time as THAT there is compliance. The director shall 3,314
establish rules pursuant to Chapter 119. of the Revised Code to 3,315
implement this division. 3,316
(G) Withhold state or federal funds from a board of 3,318
alcohol, drug addiction, and mental health services that denies 3,319
available service on the basis of religion, race, color, creed, 3,320
sex, national origin, age, physical or mental handicap DISABILITY 3,321
AS DEFINED IN SECTION 4112.01 OF THE REVISED CODE, developmental 3,323
disability, or the inability to pay;
(H) Provide consultative services to community mental 3,325
health programs, with the knowledge and cooperation of the board 3,326
of alcohol, drug addiction, and mental health services; 3,327
(I) Provide to boards of alcohol, drug addiction, and 3,329
mental health services state or federal funds, in addition to 3,330
those allocated under section 5119.62 of the Revised Code, for 3,331
special programs or projects the director considers necessary, 3,332
77
but for which local funds are not available; 3,333
(J) Establish criteria by which a board of alcohol, drug 3,335
addiction, and mental health services reviews and evaluates the 3,336
quality, effectiveness, and efficiency of services provided 3,337
through its community mental health plan. The department shall 3,338
assess a board's evaluation of services and the compliance of 3,339
each board with this section, Chapter 340., or section 5119.62 of 3,340
the Revised Code, and other state or federal law and regulations. 3,341
The department, in cooperation with the board, periodically shall 3,342
review and evaluate the quality, effectiveness, and efficiency of 3,343
services provided through each board. The department shall 3,344
collect such information as THAT is necessary to perform these 3,346
functions. 3,347
(K) Develop and operate a community mental health 3,349
information system. 3,350
Boards of alcohol, drug abuse, and mental health services 3,352
shall submit information requested by the department in the form 3,353
and manner prescribed by the department. Information collected 3,354
by the department shall include, but not be limited to, ALL OF 3,356
THE FOLLOWING:
(1) Information regarding units of services provided in 3,358
whole or in part under contract with a board, including diagnosis 3,359
and special needs, demographic information, the number of units 3,360
of service provided, past treatment, financial status, and 3,361
service dates in accordance with rules adopted by the department 3,362
in accordance with Chapter 119. of the Revised Code; 3,363
(2) Financial information other than price or 3,365
price-related data regarding expenditures of boards and community 3,366
mental health agencies, including units of service provided, 3,367
budgeted and actual expenses by type, and sources of funds. 3,368
Boards shall submit the information specified in division 3,370
(K)(1) of this section no less frequently than annually for each 3,371
client, and each time the client's case is opened or closed. The 3,372
department shall not collect any information for the purpose of 3,373
78
identifying by name any person who receives a service through a 3,374
board of alcohol, drug addiction, and mental health services, 3,375
except as required by state or federal law to validate 3,376
appropriate reimbursement. For the purposes of division (K)(1) 3,377
of this section, the department shall use an identification 3,378
system that is consistent with applicable nationally recognized 3,379
standards. 3,380
(L) Review each board's plan submitted pursuant to section 3,382
340.03 of the Revised Code and approve or disapprove it in whole 3,383
or in part. Periodically, in consultation with representatives 3,384
of boards and after considering the recommendations of the 3,385
medical director, the director shall issue criteria for 3,386
determining when a plan is complete, criteria for plan approval 3,387
or disapproval, and provisions for conditional approval. The 3,388
factors that the director considers may include, but are not 3,389
limited to, the following: 3,390
(1) The mental health needs of all persons residing within 3,392
the board's service district, especially severely mentally 3,393
disabled children, adolescents, and adults; 3,394
(2) The demonstrated quality, effectiveness, efficiency, 3,396
and cultural relevance of the services provided in each service 3,397
district, the extent to which any services are duplicative of 3,398
other available services, and whether the services meet the needs 3,399
identified above; 3,400
(3) The adequacy of the board's accounting for the 3,402
expenditure of funds. 3,403
If the director disapproves all or part of any plan, he THE 3,405
DIRECTOR shall provide the board an opportunity to present its 3,406
position. The director shall inform the board of the reasons for 3,407
the disapproval and of the criteria that must be met before the 3,408
plan may be approved. The director shall give the board a 3,409
reasonable time within which to meet the criteria, and shall 3,410
offer technical assistance to the board to help it meet the 3,411
criteria.
79
If the approval of a plan remains in dispute thirty days 3,413
prior to the conclusion of the fiscal year in which the board's 3,414
current plan is scheduled to expire, the board or the director 3,415
may request that the dispute be submitted to a mutually agreed 3,416
upon third-party mediator with the cost to be shared by the board 3,417
and the department. The mediator shall issue to the board and 3,418
the department recommendations for resolution of the dispute. 3,419
Prior to the conclusion of the fiscal year in which the current 3,420
plan is scheduled to expire, the director, taking into 3,421
consideration the recommendations of the mediator, shall make a 3,422
final determination and approve or disapprove the plan, in whole 3,423
or in part. 3,424
(M) Visit and evaluate any community mental health 3,426
program, agency, or facility, in cooperation with a board of 3,427
alcohol, drug addiction, and mental health services, to determine 3,428
if the services meet minimum standards pursuant to division (G) 3,429
of section 5119.01 of the Revised Code. If the director 3,430
determines that the services meet minimum standards, he THE 3,431
DIRECTOR shall so certify. 3,432
If the director determines that the services of any 3,434
program, agency, or facility that has a contract with a board do 3,435
not meet minimum standards, he THE DIRECTOR shall identify the 3,436
areas of noncompliance, specify what action is necessary to meet 3,438
the standards, and offer technical assistance to the board so 3,439
that it may assist the program, agency, or facility to meet 3,440
minimum standards. The director shall give the board a 3,441
reasonable time within which to demonstrate that the services 3,442
meet minimum standards or to bring the program or facility into 3,443
compliance with the standards. If the director concludes that 3,444
the services continue to fail to meet minimum standards, the 3,445
director may request that the board reallocate the funds for 3,446
those services to another program, agency, or facility which 3,447
meets minimum standards. If the board does not reallocate those 3,448
funds in a reasonable period of time, the director may withhold 3,449
80
state and federal funds for the services and allocate those funds 3,450
directly to a public or private agency that meets minimum 3,451
standards.
Each program, agency, and facility shall pay a fee for the 3,453
certification review required by this division. Fees shall be 3,454
paid into the sale of goods and services fund created pursuant to 3,455
section 5119.161 of the Revised Code. 3,456
The director shall adopt rules under Chapter 119. of the 3,458
Revised Code to implement this division. The rules shall do all 3,459
of the following: 3,460
(1) Establish the process for certification of services of 3,462
programs, agencies, or facilities; 3,463
(2) Set the amount of certification review fees based on a 3,465
portion of the cost of performing the review; 3,466
(3) Specify the type of notice and hearing to be provided 3,468
prior to a decision whether to reallocate funds. 3,469
Sec. 5123.351. The director of mental retardation and 3,478
developmental disabilities, with respect to the eligibility for 3,479
state reimbursement of expenses incurred by facilities and 3,480
programs established and operated under Chapter 5126. of the 3,481
Revised Code for mentally retarded and developmentally disabled 3,482
persons, shall DO ALL OF THE FOLLOWING: 3,483
(A) Make such rules as THAT may be necessary to carry out 3,486
the purposes of Chapter 5126. and sections 5123.35, 5123.351, and 3,487
5123.36 of the Revised Code; 3,488
(B) Define minimum standards for qualifications of 3,490
personnel, professional services, and in-service training and 3,491
educational leave programs; 3,492
(C) Review and evaluate community programs and make 3,494
recommendations for needed improvements to county boards of 3,495
mental retardation and developmental disabilities and to program 3,496
directors; 3,497
(D) Withhold state reimbursement, in whole or in part, 3,499
from any county or combination of counties for failure to comply 3,500
81
with Chapter 5126. or section 5123.35 or 5123.351 of the Revised 3,501
Code or rules of the department of mental retardation and 3,502
developmental disabilities; 3,503
(E) Withhold state funds from an agency, corporation, or 3,505
association denying or rendering service on the basis of race, 3,506
color, sex, religion, ancestry, national origin, handicap 3,507
DISABILITY AS DEFINED IN SECTION 4112.01 OF THE REVISED CODE, or 3,508
inability to pay; 3,509
(F) Provide consultative staff service to communities to 3,511
assist in ascertaining needs and in planning and establishing 3,512
programs. 3,513
Section 2. That existing sections 124.93, 125.111, 153.59, 3,515
175.05, 175.06, 176.04, 176.06, 306.43, 717.01, 1501.012, 3,516
2927.03, 3781.111, 4112.01, 4112.02, 4112.021, 4112.022, 4112.04, 3,518
4112.05, 4112.08, 4117.19, 4735.16, 4735.55, 4757.07, 5119.61, 3,519
and 5123.351 of the Revised Code are hereby repealed.