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           

                                                          2      


                                                                 
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           

                                                          3      


                                                                 
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          

                                                          4      


                                                                 
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          

                                                          5      


                                                                 
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          

                                                          6      


                                                                 
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          

                                                          7      


                                                                 
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          

                                                          8      


                                                                 
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          

                                                          9      


                                                                 
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          

                                                          10     


                                                                 
      (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          

                                                          11     


                                                                 
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          

                                                          12     


                                                                 
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          

                                                          13     


                                                                 
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          

                                                          14     


                                                                 
      (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.;                                                                         

                                                          15     


                                                                 
      (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          

                                                          16     


                                                                 
      (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          

                                                          17     


                                                                 
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.