As Passed by the House 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-DAMSCHRODER-THOMAS-DePIERO-VERICH-PATTON-CORE- 12
WOMER BENJAMIN-TIBERI-HOUSEHOLDER-PADGETT-PERRY-LOGAN 13
_________________________________________________________________ 14
A B I L L
To amend sections 124.93, 125.111, 153.59, 175.05, 16
175.06, 176.04, 176.06, 306.43, 717.01, 1501.012, 17
2927.03, 3781.111, 4112.01, 4112.02, 4112.021, 18
4112.022, 4112.04, 4112.05, 4112.08, 4117.19, 19
4735.16, 4735.55, 4757.07, 5119.61, and 5123.351 20
of the Revised Code to substitute the term 21
"disability" for the term "handicap" in the law 22
pertaining to the Ohio Civil Rights Commission 23
and certain other related laws. 24
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 26
Section 1. That sections 124.93, 125.111, 153.59, 175.05, 28
175.06, 176.04, 176.06, 306.43, 717.01, 1501.012, 2927.03, 29
3781.111, 4112.01, 4112.02, 4112.021, 4112.022, 4112.04, 4112.05, 31
4112.08, 4117.19, 4735.16, 4735.55, 4757.07, 5119.61, and 32
5123.351 of the Revised Code be amended to read as follows:
Sec. 124.93. (A) As used in this section, "physician" 41
means any person who holds a valid certificate to practice 42
medicine and surgery or osteopathic medicine and surgery issued 43
under Chapter 4731. of the Revised Code. 44
(B) No health insuring corporation that, on or after July 48
1, 1993, enters into or renews a contract with the department of 50
2
administrative services under section 124.82 of the Revised Code 51
shall, because of a physician's race, color, religion, sex, 52
national origin, handicap DISABILITY AS DEFINED IN SECTION 53
4112.01 OF THE REVISED CODE, age, or ancestry, SHALL refuse to 54
contract with that physician for the provision of health care 55
services under that section 124.82 OF THE REVISED CODE. 56
Any health insuring corporation that violates this division 59
is deemed to have engaged in an unlawful discriminatory practice 60
as defined in section 4112.02 of the Revised Code and is subject 61
to Chapter 4112. of the Revised Code.
(C) Each health insuring corporation that, on or after 64
July 1, 1993, enters into or renews a contract with the 67
department of administrative services under section 124.82 of the 68
Revised Code and that refuses to contract with a physician for 69
the provision of health care services under that section shall 70
provide that physician with a written notice that clearly 71
explains the reason or reasons for the refusal. The notice shall 72
be sent to the physician by regular mail within thirty days after 73
the refusal.
Any health insuring corporation that fails to provide 76
notice in compliance with this division is deemed to have engaged 77
in an unfair and deceptive act or practice in the business of
insurance as defined in section 3901.21 of the Revised Code and 78
is subject to sections 3901.19 to 3901.26 of the Revised Code. 79
Sec. 125.111. (A) Every contract for or on behalf of the 88
state or any of its political subdivisions for any purchase shall 89
contain provisions similar to those required by section 153.59 of 90
the Revised Code in the case of construction contracts by which 91
the contractor agrees to both of the following: 92
(1) That, in the hiring of employees for the performance 94
of work under the contract or any subcontract, no contractor or 95
subcontractor shall, by reason of race, color, religion, sex, 96
age, handicap DISABILITY AS DEFINED IN SECTION 4112.01 OF THE 97
REVISED CODE, national origin, or ancestry, SHALL discriminate 98
3
against any citizen of this state in the employment of a person 99
qualified and available to perform the work to which the contract 100
relates;
(2) That no contractor, subcontractor, or any person 102
acting on behalf of any contractor or subcontractor shall, in any 103
manner, SHALL discriminate against, intimidate, or retaliate 104
against any employee hired for the performance of work under the 105
contract on account of race, color, religion, sex, age, handicap 106
DISABILITY AS DEFINED IN SECTION 4112.01 OF THE REVISED CODE, 107
national origin, or ancestry. 108
(B) All contractors from whom the state or any of its 110
political subdivisions make purchases shall have a written 111
affirmative action program for the employment and effective 112
utilization of economically disadvantaged persons, as defined in 113
section 122.71 of the Revised Code. Annually, each such 114
contractor shall file a description of the affirmative action 115
program and a progress report on its implementation with the Ohio 116
civil rights commission and the minority business development 117
office established under section 122.92 of the Revised Code. 118
Sec. 153.59. Every contract for or on behalf of the state, 127
or any township, county, or municipal corporation thereof OF THE 128
STATE, for the construction, alteration, or repair of any public 130
building or public work in the state shall contain provisions by 131
which the contractor agrees TO BOTH OF THE FOLLOWING: 132
(A) That, in the hiring of employees for the performance 134
of work under this THE contract or any subcontract, no 135
contractor, subcontractor, or any person acting on his A 136
CONTRACTOR'S OR SUBCONTRACTOR'S behalf shall, by reason of race, 138
creed, sex, handicap DISABILITY AS DEFINED IN SECTION 4112.01 OF 139
THE REVISED CODE, or color, SHALL discriminate against any 140
citizen of the state in the employment of labor or workers who is 141
qualified and available to perform the work to which the 142
employment relates;
(B) That no contractor, subcontractor, nor OR any person 144
4
on his A CONTRACTOR'S OR SUBCONTRACTOR'S behalf shall, in any 146
manner, SHALL discriminate against or intimidate any employee 148
hired for the performance of work under this THE contract on 149
account of race, creed, sex, handicap DISABILITY AS DEFINED IN 151
SECTION 4112.01 OF THE REVISED CODE, or color;
(C) The department of administrative services shall ensure 153
that no capital moneys appropriated by the general assembly for 154
any purpose shall be expended unless the project for which such 155
THOSE moneys are appropriated provides for an affirmative action 157
program for the employment and effective utilization of 158
disadvantaged persons whose disadvantage may arise from cultural, 159
racial, or ethnic background, or other similar cause, including, 160
without limitation BUT NOT LIMITED TO, race, religion, sex, 161
handicap DISABILITY AS DEFINED IN SECTION 4112.01 OF THE REVISED 162
CODE, national origin, or ancestry. 163
In awarding contracts for capital improvement projects, the 165
department shall ensure that equal consideration be given to 166
contractors, subcontractors, or joint venturers who qualify as a 167
minority business enterprise. As used in this section, "minority 168
business enterprise" means a business enterprise that is owned or 169
controlled by one or more socially or economically disadvantaged 170
persons who are residents of this state. "Socially or 171
economically disadvantaged persons" means persons, regardless of 172
marital status, who are members of groups whose disadvantage may 173
arise from discrimination on the basis of race, religion, sex, 174
handicap DISABILITY AS DEFINED IN SECTION 4112.01 OF THE REVISED 175
CODE, national origin, or ancestry, or other similar cause. Such 177
persons include, but are not limited to, Negroes, Puerto Ricans, 178
Spanish-speaking Americans, American Indians, Eskimos, and 179
Aleuts.
Sec. 175.05. (A) The Ohio housing finance agency may 188
purchase, and contract to purchase, mortgage loans or other 189
evidence of debt from lending institutions upon the terms and 190
conditions that the agency shall determine, and all lending 191
5
institutions are authorized to sell to, or otherwise obtain 192
mortgage loans as agent for, the agency in accordance with this 193
chapter. 194
(B) The agency may provide in agreements with lending 196
institutions and in loan documents requirements applicable to the 197
purchase of mortgage loans to carry out the purposes of this 198
chapter, including, but not limited to, the following: 199
(1) Qualifications of lending institutions from which 201
mortgage loans may be acquired; 202
(2) The time periods within which lending institutions 204
must make commitments for, originate, and close mortgage loans, 205
and deliver them for purchase; 206
(3) The location and other characteristics of 208
single-family residential housing to be financed by mortgage 209
loans; 210
(4) The terms and conditions of mortgage loans to be 212
purchased; 213
(5) The amounts and types of insurance coverage required 215
on single-family residential housing and mortgage loans; 216
(6) The representations and warranties to be required of 218
lending institutions, private insurers, and other parties; 219
(7) Restrictions as to interest rates and other terms of 221
mortgage loans and the net effective interest rate on the 222
mortgage loans; 223
(8) The type and amount of collateral security to be 225
provided to assure repayment of any mortgage loan. 226
(C) The agency shall include in agreements with lending 228
institutions requirements applicable to the purchase of mortgage 229
loans or other evidence of debt as the agency considers necessary 230
or desirable in order to ensure that the single-family 231
residential housing financed by the mortgage loans is safe and 232
sanitary. 233
(D)(1) In connection with the issuance of any issue of 235
bonds to provide funds to purchase mortgage loans or other 236
6
evidence of debt, the agency shall provide for the reasonable 237
availability of the funds on an equitable, statewide basis, and 238
without discrimination by reason of race, color, ancestry, 239
national origin, religion, sex, familial status, as defined in 240
section 4112.01 of the Revised Code, or handicap, DISABILITY as 241
defined in that section. Except as otherwise provided in 243
division (D)(2) of this section, the agency shall provide for 244
making not less than twenty per cent of the moneys for mortgage 246
loans from each issue of bonds available for not less than one 247
year for mortgage loans in targeted areas as described in section 248
143(j) of the Internal Revenue Code, including areas of chronic 249
economic distress as designated and confirmed under division (F) 250
of this section. The agency shall solicit commitments from all 252
qualified lending institutions and shall accord priorities to 253
commitments proffered for mortgage loans up to amounts for each 254
county which bear the same ratio to the moneys from the bond 255
issue available for mortgage loans as the population of that 256
county bears to the population of the state, using the most 257
recent available statewide census data as determined by the 258
agency. The priorities shall be accorded for periods determined 259
by the agency and subject to availabilities to be accorded to 260
targeted areas and areas of chronic economic distress, and, 261
within the priorities, the agency may establish priorities for 262
stated purposes including, but not limited to, for new 263
construction, rehabilitation, or home improvements, as the agency 264
may determine upon consideration of any preferences that may be 265
indicated from the local community. Any amounts given the 266
priorities which THAT are not claimed by commitments, origination 268
of loans, or loan closings within the time prescribed by the 269
agency may be reallocated in a manner that places the maximum 270
amount of the funds on an equitable basis and that achieves THE 271
broadest distribution to the extent practical, as the agency may 272
determine or authorize to be determined. If two or more 273
qualified lending institutions commit for aggregate amounts in 274
7
excess of allocations, the agency shall accept commitments in 275
amounts adjusted on an equitable basis, as it determines, subject 276
to minimums prescribed by the agency and consideration of the 277
efficiency of placement of the moneys in mortgage loans. All 278
allocations made by or pursuant to authorization by the agency 279
shall be conclusive. 280
(2) The requirement of division (D)(1) of this section 282
that funds be allocated on a county-by-county basis according to 283
population does not apply to the allocation of funds for new 284
construction if the agency determines that there is an imbalance 285
of statewide demand for funds for new construction. The agency 286
shall take reasonable measures to invite statewide demand for 287
such funds before making the determination, and such invitation
shall remain open for a period of not less than thirty days 288
before the determination is made. If the agency determines that 289
the requirement does not apply, it shall allocate the funds for 290
new construction on an equitable basis among all of the counties 291
in which a demand is expressed.
(E) The agency is the sole entity in the state authorized 293
to issue bonds for the purpose of financing purchase, other than 294
lease-purchase, of single-family residential housing, and the 295
agency is hereby authorized to issue the bonds up to the full 296
amount permitted to be issued in the state by law. 297
(F) The director of development may designate areas within 299
the state as areas of chronic economic distress within the 300
meaning of section 143(j) of the Internal Revenue Code, the 301
designation to be confirmed by the agency or, if not so 302
confirmed, revised and resubmitted by the director to the agency 303
for confirmation. 304
(G) Lending institutions are authorized to comply with 306
requirements pursuant to this section notwithstanding other 307
restrictions in law or rules. 308
(H)(1) If any applicant for a mortgage loan under this 310
section has reason to believe that the applicant's application 312
8
was denied unlawfully, the applicant may appeal the action to the 313
agency within thirty days after the applicant's application is 315
denied. The applicant shall take an appeal by filing a notice of 317
appeal with the agency. The notice of appeal shall set forth the 318
name and address of the applicant, the name and address of the 319
lending institution, the grounds upon which the applicant 320
believes that his THE application was unlawfully denied, and any 321
other information that the agency requires by rule. A copy of 322
the application shall be attached to the notice of appeal. 323
(2) Upon an appeal, the agency shall issue an order, 325
pursuant to an adjudication conducted in accordance with Chapter 326
119. of the Revised Code, affirming the denial of the application 327
or ordering the lending institution to grant the application. 328
Any party who is adversely affected by the issuance of an 329
adjudication order under this division may appeal to the court of 330
common pleas of the county in which the application was made in 331
accordance with section 119.12 of the Revised Code. 332
Sec. 175.06. (A) The Ohio housing finance agency may 341
make, and contract to make, loans to, or through, lending 342
institutions to finance the acquisition, construction, 343
improvement, and rehabilitation of multifamily residential 344
housing on terms and conditions that the agency shall determine, 345
and all. ALL lending institutions are authorized to borrow from 347
the agency in accordance with this section, provided that a 348
separate issue of bonds may be authorized for loans to, or 349
through, lending institutions with respect to multifamily 350
residential housing that shares a common site, ownership, and 351
security interest, and constitutes a single multifamily 352
residential housing project. 353
(B) The agency may purchase, and contract to purchase, 355
from lending institutions loans or other evidence of debt to 356
finance the acquisition, construction, improvement, and 357
rehabilitation of multifamily residential housing on terms and 358
conditions that the agency shall determine, and all lending 359
9
institutions are authorized to sell the loans to the agency in 360
accordance with this section. 361
(C) The agency shall require, as a condition of each loan 363
made to, or through, a lending institution pursuant to this 364
section, that the lending institution use the loan proceeds to 365
make new loans in an aggregate principal amount at least equal to 366
the amount of the loan to finance the acquisition, construction, 367
improvement, and rehabilitation of multifamily residential 368
housing. 369
(D) The agency also shall require that the owners of 371
multifamily residential housing, the acquisition, construction, 372
improvements, or rehabilitation of which is financed by loans 373
purchased by the agency, or with the proceeds of loans made by 374
the agency pursuant to this section, demonstrate to the 375
satisfaction of the agency that the multifamily residential 376
housing is safe and sanitary, and the occupants of the 377
multifamily residential housing will benefit from the savings in 378
the cost of money to the lending institutions and the owners 379
resulting from the loans or proceeds from them. Determinations 380
by the agency with respect to those matters shall be deemed 381
conclusive. 382
(E) The interest rate or rates and other terms of loans 384
made or purchased by the agency pursuant to this section with the 385
proceeds of any issue of bonds, together with any other moneys 386
available for the payment of the bonds and the interest on them, 387
including reserve funds, shall be at least sufficient to assure 388
the payment of the bonds and the interest on them as they become 389
due. 390
(F) The agency may require that each lending institution 392
receiving a loan pursuant to this section shall issue and deliver 393
to the agency an evidence of its indebtedness to the agency which 394
shall bear the date or dates, shall mature at the time or times, 395
shall be subject to prepayment, and shall contain any other 396
provisions consistent with this chapter that the agency shall 397
10
determine. 398
(G) The agency may require that loans made pursuant to 400
this section shall be secured as to payment of both principal and 401
interest by a pledge of any collateral security that the agency 402
shall determine to be necessary to assure the payment of the 403
loans and the interest on them as they become due. 404
(H) The agency may require that any collateral for loans 406
made pursuant to this section be deposited with a bank, trust 407
company, or other financial institution acceptable to the agency 408
located in the state and designated by the agency as custodian 409
for the collateral. In the absence of that requirement, each 410
lending institution shall enter into an agreement with the agency 411
containing any provisions that the agency considers necessary to 412
do all of the following: 413
(1) Adequately identify and maintain the collateral; 415
(2) Service the collateral; 417
(3) Require the lending institution to hold the collateral 419
as an agent for the agency and be accountable to the agency as 420
the trustee of an express trust for the application and 421
disposition of it and the income from it. 422
The agency also may establish any additional requirements 424
that it considers necessary with respect to the pledging, 425
assigning, setting aside, or holding of collateral, the making of 426
substitutions for it or additions to it, and the disposition of 427
income and receipts from it. 428
(I) The agency may require as a condition of each loan 430
made to a lending institution pursuant to this section that the 431
lending institution, within the period after receipt of the loan 432
proceeds that the agency may prescribe, shall have entered into 433
written commitments to make, and, within the period thereafter 434
that the agency may prescribe, shall have disbursed the loan 435
proceeds in new loans. The new loans shall have any terms and 436
conditions that the agency may prescribe. 437
(J) The agency may require as a condition of any loans 439
11
made to, made through, or purchased from lending institutions 440
pursuant to this section any representations and warranties that 441
it shall determine to be necessary to secure the loans and carry 442
out the purpose of this chapter. 443
(K) The agency may provide in agreements with lending 445
institutions and in loan documents requirements applicable to the 446
purchase of loans pursuant to this section, including, but not 447
limited to, the following: 448
(1) Qualifications of lending institutions from which 450
loans may be purchased; 451
(2) The time period within which lending institutions must 453
make commitments for and originate loans and deliver them for 454
purchase; 455
(3) The location and characteristics of multifamily 457
residential housing to be financed by loans; 458
(4) The terms and conditions of loans to be purchased; 460
(5) The amounts and types of insurance coverage required 462
on multifamily residential housing, loans, and bonds; 463
(6) The type and amount of collateral security to be 465
provided to assure repayment of any loan or bonds. 466
(L) The agency shall require provision to be made for 468
making available to eligible families of low and moderate income 469
not less than that percentage of units in a multifamily 470
residential housing project financed under this section as 471
provided for in section 142(d) of the Internal Revenue Code, and 472
that all of those units be made available without discrimination 473
by reason of race, color, ancestry, national origin, religion, 474
sex, familial status, as defined in section 4112.01 of the 475
Revised Code, or handicap, DISABILITY as defined in that section. 477
(M) Lending institutions and owners and developers are 479
authorized to comply with requirements pursuant to this section 480
and section 176.05 of the Revised Code notwithstanding any other 481
restrictions in law or rules. 482
Sec. 176.04. (A) No municipal corporation, county, or 491
12
township shall issue general obligations pursuant to section 492
133.51 of the Revised Code or expend moneys raised by taxation to 493
provide, or assist in providing, housing pursuant to Section 16 494
of Article VIII, Ohio Constitution, unless the municipal 495
corporation, county, or township has done all of the following: 496
(1) Established or designated a housing advisory board 498
pursuant to section 176.01 of the Revised Code, or entered into 499
an agreement pursuant to section 176.02 of the Revised Code for 500
the service of a housing advisory board established by one or 501
more other subdivisions; 502
(2) At least thirty days prior to approval of it by the 504
legislative authority of the municipal corporation, county, or 505
township, submitted to the housing advisory board for review, 506
comments, and recommendations, a comprehensive housing 507
affordability strategy for the municipal corporation, county, or 508
township developed under the "Cranston-Gonzalez National 509
Affordable Housing Act," 104 Stat. 4079 (1990), Pub. Law NO. 511
101-625, or other state or local comprehensive plan for the 512
development and maintenance of affordable housing within the 513
boundaries of the municipal corporation, county, or township. 514
Approval of the plan by the legislative authority may be 516
effective for a period of one to five years. No submission of an 517
amended plan is required unless the submitted description of the 518
purposes for which any part of those moneys are proposed to be 519
applied is intended to be, or raise a reasonable concern that it 520
might be construed to be, inconsistent with the existing plan. 521
(3) Submitted to the housing advisory board a written 523
description of the purposes to which the proceeds of the proposed 524
general obligations or the moneys raised by taxation are proposed 525
to be applied, and allowed at least fifteen days to elapse during 526
which the housing advisory board may review the submitted 527
description and advise the municipal corporation, county, or 528
township in accordance with division (D) of this section. For 529
purposes of this section, the written description of the purposes 530
13
to which the moneys raised by taxation are proposed to be applied 531
may be submitted annually to the housing advisory board prior to 532
the adoption of the annual appropriation measure pursuant to 533
section 5705.38 of the Revised Code. 534
(B) No municipal corporation, county, or township shall 536
issue general obligations pursuant to section 133.51 of the 537
Revised Code to provide, or assist in providing, housing pursuant 538
to Section 16 of Article VIII, Ohio Constitution, unless the 539
municipal legislative authority, the board of county 540
commissioners, or the board of township trustees has 541
substantially complied with each of the following requirements: 542
(1) Analyzed the anticipated impact of the purposes to 544
which the proceeds of the proposed general obligations are to be 545
applied upon existing housing patterns in the municipal 546
corporation, county, or township; 547
(2) Submitted to the housing advisory board serving it a 549
fair housing impact statement summarizing the analysis undertaken 550
under division (B)(1) of this section and conclusions from that 551
analysis; 552
(3) Submitted to the housing advisory board serving it a 554
plan for affirmative marketing to persons, regardless of marital 555
status, who are members of groups that may be disadvantaged by 556
discrimination on the basis of race, religion, sex, handicap 557
DISABILITY AS DEFINED IN SECTION 4112.01 OF THE REVISED CODE, 558
national origin, ancestry, children, or other similar cause or 559
who traditionally would not be expected to apply for housing at 560
the location proposed to be benefited by the proceeds of the 561
prosposed PROPOSED general obligations. 562
(C) No approval of a housing advisory board shall be 564
required for issuance of general obligations pursuant to section 565
133.51 of the Revised Code or any proposed expenditure of moneys 566
raised by taxation to provide, or assist in providing, housing 567
pursuant to Section 16 of Article VIII, Ohio Constitution. 568
(D) The matters on which a housing advisory board shall 570
14
advise the subdivisions it serves shall include the following: 571
(1) The consistency of a project or program with the plan 573
submitted under division (A)(2) of this section; 574
(2) The extent to which any project or program to which 576
the proceeds of the proposed general obligations or the moneys 577
raised by taxation are proposed to be applied may displace 578
households that consequently may need relocation assistance; 579
(3) The length of time for which projects to which the 581
proceeds of the proposed general obligations or the moneys raised 582
by taxation are proposed to be applied will remain affordable to 583
any targeted income group; 584
(4) The extent to which any lending program is available, 586
in whole or in part, from private lenders upon reasonably 587
equivalent terms and conditions. 588
Sec. 176.06. Each municipal corporation, county, and 597
township shall compile and make available, in accordance with 598
this section, to the public for inspection and copying for a 599
period of five years the number and total dollar amount of 600
mortgage loans that were originated, for which completed 601
applications were received and applicants were rejected, and that 602
were purchased by that municipal corporation, county, or township 603
during each fiscal year. Information regarding each of the 604
mortgage loan categories listed above shall be itemized to 605
clearly and conspicuously disclose the following: 606
(A) The number and dollar amount of mortgage loans insured 608
under Title II of the "National Housing Act," 48 Stat. 1246 609
(1934), 12 U.S.C.A. 1707 et seq., or under Title V of the 610
"Housing Act of 1949," 63 Stat. 413, 432, 42 U.S.C.A. 1471 et 611
seq., or guaranteed under the "Veterans' Loan Act," 58 Stat. 284 612
(1944), 38 U.S.C.A. 1801 et seq.; 613
(B) The number and dollar amount of mortgage loans made to 615
mortgagors who did not, at the time of execution of the mortgage, 616
intend to reside in the property securing the mortgage loan.; 617
(C) The number and dollar amount of home improvement 620
15
loans.;
(D) The number and dollar amount of mortgage loans 622
involving mortgagors or mortgage applicants grouped according to 623
census tract, income level, race, color, religion, sex, ancestry, 624
handicap DISABILITY AS DEFINED IN SECTION 4112.01 OF THE REVISED 625
CODE, and national origin. 626
The information described in this section shall be made 628
available to the public in raw data form and updated quarterly. 629
Within four months after the end of each fiscal year, each 630
municipal corporation, county, and township shall submit to the 631
president of the senate and the speaker of the house of 632
representatives a report containing the information described in 633
this section for the immediately preceding fiscal year. 634
As used in this section, "mortgage loan" has the same 636
meaning as in section 175.01 of the Revised Code. 637
Sec. 306.43. (A) The board of trustees of a regional 646
transit authority or any officer or employee designated by such 647
board may make any contract for the purchase of goods or 648
services, the cost of which does not exceed twenty-five thousand 649
dollars. When an expenditure, other than for the acquisition of 650
real estate, the discharge of claims, or the acquisition of goods 651
or services under the circumstances described in division (H) of 652
this section, is expected to exceed twenty-five thousand dollars, 653
such expenditure shall be made through full and open competition 654
by the use of competitive procedures. The regional transit 655
authority shall use the competitive procedure, as set forth in 656
divisions (B), (C), (D), and (E) of this section, that is most 657
appropriate under the circumstances of the procurement. 658
(B) Competitive sealed bidding is the preferred method of 660
procurement and a regional transit authority shall use that 661
method if all of the following conditions exist: 662
(1) A clear, complete and adequate description of the 664
goods, services, or work is available; 665
(2) Time permits the solicitation, submission, and 667
16
evaluation of sealed bids; 668
(3) The award will be made on the basis of price and other 670
price-related factors; 671
(4) It is not necessary to conduct discussions with 673
responding offerors about their bids; 674
(5) There is a reasonable expectation of receiving more 676
than one sealed bid. 677
A regional transit authority shall publish a notice calling 679
for bids once a week for no less than two consecutive weeks in at 680
least one newspaper of general circulation within the territorial 681
boundaries of the regional transit authority. A regional transit 682
authority may require that a bidder for any contract other than a 683
construction contract provide a bid guaranty in the form, 684
quality, and amount considered appropriate by the regional 685
transit authority. The board may let the contract to the lowest 686
responsive and responsible bidder. Where fewer than two 687
responsive bids are received, a regional transit authority may 688
negotiate price with the sole responsive bidder or may rescind 689
the solicitation and procure under division (H)(2) of this 690
section. 691
(C) A regional transit authority may use two-step 693
competitive bidding, consisting of a technical proposal and a 694
separate, subsequent sealed price bid from those submitting 695
acceptable technical proposals, if both of the following 696
conditions exist: 697
(1) A clear, complete, and adequate description of the 699
goods, services, or work is not available, but definite criteria 700
exist for the evaluation of technical proposals; 701
(2) It is necessary to conduct discussions with responding 703
offerors. 704
A regional transit authority shall publish a notice calling 706
for technical proposals once a week for no less than two 707
consecutive weeks in at least one newspaper of general 708
circulation within the territorial boundaries of the regional 709
17
transit authority. A regional transit authority may require a 710
bid guaranty in the form, quality, and amount the regional 711
transit authority considers appropriate. The board may let the 712
contract to the lowest responsive and responsible bidder. Where 713
fewer than two responsive and responsible bids are received, a 714
regional transit authority may negotiate price with the sole 715
responsive and responsible bidder or may rescind the solicitation 716
and procure under division (H)(2) of this section. 717
(D) A regional transit authority shall make a procurement 719
by competitive proposals if competitive sealed bidding or 720
two-step competitive bidding is not appropriate. 721
A regional transit authority shall publish a notice calling 723
for proposals once a week for no less than two consecutive weeks 724
in at least one newspaper of general circulation within the 725
territorial boundaries of the regional transit authority. A 726
regional transit authority may require a proposal guaranty in the 727
form, quality, and amount considered appropriate by the regional 728
transit authority. The board may let the contract to the 729
proposer making the offer considered most advantageous to the 730
authority. Where fewer than two competent proposals are 731
received, a regional transit authority may negotiate price and 732
terms with the sole proposer or may rescind the solicitation and 733
procure under division (H)(2) of this section. 734
(E)(1) A regional transit authority shall procure the 736
services of an architect or engineer in the manner prescribed by 737
the "Federal Mass Transportation Act of 1987," Public Law NO. 739
100-17, section 316, 101 Stat. 227, 232-234, 49 U.S.C.A. app. 740
1608 and the services of a construction manager in the manner 741
prescribed by sections 9.33 to 9.332 of the Revised Code. 742
(2) A regional transit authority may procure revenue 744
rolling stock in the manner prescribed by division (B), (C), or 745
(D) of this section. 746
(3) All contracts for construction in excess of 748
twenty-five thousand dollars shall be made only after the 749
18
regional transit authority has published a notice calling for 750
bids once a week for two consecutive weeks in at least one 751
newspaper of general circulation within the territorial 752
boundaries of the regional transit authority. The board may 753
award a contract to the lowest responsive and responsible bidder. 754
Where only one responsive and responsible bid is received, the 755
regional transit authority may negotiate price with the sole 756
responsive bidder or may rescind the solicitation. The regional 757
transit authority shall award construction contracts in 758
accordance with sections 153.12 to 153.14 and 153.54 of the 759
Revised Code. Divisions (B) and (C) of this section shall not 760
apply to the award of contracts for construction. 761
(F) All contracts involving expenditures in excess of 763
twenty-five thousand dollars shall be in writing and shall be 764
accompanied by or shall refer to plans and specifications for the 765
work to be done. The plans and specifications shall at all times 766
be made and considered part of the contract. For all contracts 767
other than construction contracts, a regional transit authority 768
may require performance, payment, or maintenance guaranties or 769
any combination of such guaranties in the form, quality, and 770
amount it considers appropriate. The contract shall be approved 771
by the board and signed on behalf of the regional transit 772
authority and by the contractor. 773
(G) In making a contract, a regional transit authority may 775
give preference to goods produced in the United States in 776
accordance with the Buy America requirements in the "Surface 777
Transportation Assistance Act of 1982," Public Law NO. 97-424, 779
section 165, 96 Stat. 2097, 23 U.S.C.A. 101 note, as amended, and 780
the rules adopted thereunder. The regional transit authority 781
also may give preference to providers of goods produced in and 782
services provided in labor surplus areas as defined by the United 783
States department of labor in 41 U.S.C.A. 401 note, Executive 784
Order No. 12073, August 16, 1978, 43 Fed. Reg. 36873, as amended. 785
(H) Competitive procedures under this section are not 787
19
required in any of the following circumstances: 788
(1) The board of trustees of a regional transit authority, 790
by a two-thirds affirmative vote of its members, determines that 791
a real and present emergency exists under any of the following 792
conditions, and the board enters its determination and the 793
reasons for it in its proceedings: 794
(a) Affecting safety, welfare, or the ability to deliver 796
transportation services; 797
(b) Arising out of an interruption of contracts essential 799
to the provision of daily transit services; 800
(c) Involving actual physical damage to structures, 802
supplies, equipment, or property. 803
(2) The purchase consists of goods or services, or any 805
combination thereof, and after reasonable inquiry the board or 806
any officer or employee the board designates finds that only one 807
source of supply is reasonably available. 808
(3) The expenditure is for a renewal or renegotiation of a 810
lease or license for telecommunications or electronic data 811
processing equipment, services, or systems, or for the upgrade of 812
such equipment, services, or systems, or for the maintenance 813
thereof as supplied by the original source or its successors or 814
assigns. 815
(4) The purchase of goods or services is made from another 817
political subdivision, public agency, public transit system, 818
regional transit authority, the state, or the federal government, 819
or as a third-party beneficiary under a state or federal 820
procurement contract, or as a participant in a department of 821
administrative services contract under division (B) of section 822
125.04 of the Revised Code. 823
(5) The sale and leaseback or lease and leaseback of 825
transit facilities is made as provided in division (AA) of 827
section 306.35 of the Revised Code. 828
(6) The purchase substantially involves services of a 830
personal, professional, highly technical, or scientific nature, 831
20
including but not limited to the services of an attorney, 832
physician, surveyor, appraiser, investigator, court reporter, 833
adjuster, advertising consultant, or licensed broker, or involves 834
the special skills or proprietary knowledge required for the 835
servicing of specialized equipment owned by the regional transit 836
authority. 837
(7) Services or supplies are available from a qualified 839
nonprofit agency pursuant to sections 4115.31 to 4115.35 of the 840
Revised Code. 841
(8) The purchase consists of the product or services of a 843
public utility. 844
(9) The purchase is for the services of individuals with 847
handicaps DISABILITIES to work in the authority's commissaries or 848
cafeterias, and those individuals are supplied by a nonprofit 849
corporation or association whose purpose is to assist individuals 851
with handicaps DISABILITIES, whether or not that organization 854
CORPORATION or association is funded entirely or in part by the 855
federal government, or the purchase is for services provided by a 857
nonprofit corporation or association whose purpose is to assist 858
individuals with handicaps DISABILITIES, whether or not that 859
organization CORPORATION or association is funded entirely or in 861
part by the federal government. For purposes of division 862
(G)(H)(9) of this section, "handicap DISABILITY" has the same 863
meaning as in section 4112.01 of the Revised Code.
(I) A regional transit authority may enter into blanket 865
purchase agreements for purchases of maintenance, operating, or 866
repair goods or services where the item cost does not exceed five 867
hundred dollars and the annual expenditure does not exceed 868
twenty-five thousand dollars. 869
(J) Nothing contained in this section prohibits a regional 871
transit authority from participating in intergovernmental 872
cooperative purchasing arrangements. 873
(K) Except as otherwise provided in this chapter, a 875
regional transit authority shall make a sale or other disposition 876
21
of property through full and open competition. Except as 877
provided in division (L) of this section, all dispositions of 878
personal property and all grants of real property for terms 879
exceeding five years shall be made by public auction or 880
competitive procedure. 881
(L) The competitive procedures required by division (K) of 883
this section are not required in any of the following 884
circumstances: 885
(1) The grant is a component of a joint development 887
between public and private entities and is intended to enhance or 888
benefit public transit. 889
(2) The grant of a limited use or of a license affecting 891
land is made to an owner of abutting real property. 892
(3) The grant of a limited use is made to a public 894
utility. 895
(4) The grant or disposition is to a department of the 897
federal or state government, to a political subdivision of the 898
state, or to any other governmental entity. 899
(5) Used equipment is traded on the purchase of equipment 901
and the value of the used equipment is a price-related factor in 902
the basis for award for the purchase. 903
(6) The value of the personal property is such that 905
competitive procedures are not appropriate and the property 906
either is sold at its fair market value or is disposed of by gift 907
to a nonprofit entity having the general welfare or education of 908
the public as one of its principal objects. 909
(M) The board of trustees of a regional transit authority, 911
when making a contract funded exclusively by state or local 912
moneys or any combination thereof, shall make a good faith effort 913
to use disadvantaged business enterprise participation to the 914
same extent required under Section 105(f) of the "Surface 915
Transportation Assistance Act of 1982," Public Law NO. 97-424, 96 917
Stat. 2100, and Section 106(c) of the "Surface Transportation and 918
Uniform Relocation Assistance Act of 1987," Public Law NO. 920
22
100-17, 101 Stat. 145, and the rules adopted thereunder. 921
(N) As used in this section: 923
(1) "Goods" means all things, including specially 925
manufactured goods, that are movable at the time of 926
identification to the contract for sale other than the money in 927
which the price is to be paid, investment securities, and things 928
in action. "Goods" also includes other identified things 929
attached to realty as described in section 1302.03 of the Revised 930
Code. 931
(2) "Services" means the furnishing of labor, time, or 933
effort by a contractor, not involving the delivery of goods or 934
reports other than goods or reports that are merely incidental to 935
the required performance, including but not limited to insurance, 936
bonding, or routine operation, routine repair, or routine 937
maintenance of existing structures, buildings, real property, or 938
equipment, but does not include employment agreements, collective 939
bargaining agreements, or personal services. 940
(3) "Construction" means the process of building, 942
altering, repairing, improving, painting, decorating, or 943
demolishing any structure or building, or other improvements of 944
any kind to any real property owned or leased by a regional 945
transit authority. 946
(4) "Full and open competition" has the same meaning as in 948
the "Office of Federal Procurement Policy Act," Public Law NO. 950
98-369, section 2731, 98 Stat. 1195 (1984), 41 U.S.C.A. 403. 951
(5) A bidder is "responsive" if, applying the criteria of 953
division (A) of section 9.312 of the Revised Code, the bidder is 954
"responsive" as described in that section. 955
(6) A bidder is "responsible" if, applying the criteria of 957
division (A) of section 9.312 of the Revised Code and of the 958
"Office of Federal Procurement Policy Act," Public Law NO. 960
98-369, section 2731, 98 Stat. 1195 (1984), 41 U.S.C.A. 403, the 961
bidder is "responsible" as described in those sections. 962
Sec. 717.01. Each municipal corporation may do any of the 971
23
following: 972
(A) Acquire by purchase or condemnation real estate with 974
or without buildings on it, and easements or interests in real 975
estate; 976
(B) Extend, enlarge, reconstruct, repair, equip, furnish, 978
or improve a building or improvement that it is authorized to 979
acquire or construct; 980
(C) Erect a crematory or provide other means for disposing 982
of garbage or refuse, and erect public comfort stations; 983
(D) Purchase turnpike roads and make them free; 985
(E) Construct wharves and landings on navigable waters; 987
(F) Construct infirmaries, workhouses, prisons, police 989
stations, houses of refuge and correction, market houses, public 990
halls, public offices, municipal garages, repair shops, storage 991
houses, and warehouses; 992
(G) Construct or acquire waterworks for supplying water to 994
the municipal corporation and its inhabitants and extend the 995
waterworks system outside of the municipal corporation limits; 996
(H) Construct or purchase gas works or works for the 998
generation and transmission of electricity, for the supplying of 999
gas or electricity to the municipal corporation and its 1,000
inhabitants; 1,001
(I) Provide grounds for cemeteries or crematories, enclose 1,003
and embellish them, and construct vaults or crematories; 1,004
(J) Construct sewers, sewage disposal works, flushing 1,006
tunnels, drains, and ditches; 1,007
(K) Construct free public libraries and reading rooms, and 1,009
free recreation centers; 1,010
(L) Establish free public baths and municipal lodging 1,012
houses; 1,013
(M) Construct monuments or memorial buildings to 1,015
commemorate the services of soldiers, sailors, and marines of the 1,016
state and nation; 1,017
(N) Provide land for and improve parks, boulevards, and 1,019
24
public playgrounds; 1,020
(O) Construct hospitals and pesthouses; 1,022
(P) Open, construct, widen, extend, improve, resurface, or 1,024
change the line of any street or public highway; 1,025
(Q) Construct and improve levees, dams, waterways, 1,027
waterfronts, and embankments and improve any watercourse passing 1,028
through the municipal corporation; 1,029
(R) Construct or improve viaducts, bridges, and culverts; 1,031
(S)(1) Construct any building necessary for the police or 1,033
fire department; 1,034
(2) Purchase fire engines or fire boats; 1,036
(3) Construct water towers or fire cisterns; 1,038
(4) Place underground the wires or signal apparatus of any 1,040
police or fire department;. 1,041
(T) Construct any municipal ice plant for the purpose of 1,043
manufacturing ice for the citizens of a municipal corporation; 1,044
(U) Construct subways under any street or boulevard or 1,046
elsewhere; 1,047
(V) Acquire by purchase, gift, devise, bequest, lease, 1,049
condemnation proceedings, or otherwise, real or personal 1,050
property, and thereon and thereof to establish, construct, 1,051
enlarge, improve, equip, maintain, and operate airports, landing 1,052
fields, or other air navigation facilities, either within or 1,053
outside the limits of a municipal corporation, and acquire by 1,054
purchase, gift, devise, lease, or condemnation proceedings 1,055
rights-of-way for connections with highways, waterways, and 1,056
electric, steam, and interurban railroads, and improve and equip 1,057
such facilities with structures necessary or appropriate for such 1,058
purposes. No municipal corporation may take or disturb property 1,059
or facilities belonging to any public utility or to a common 1,060
carrier engaged in interstate commerce, which property or 1,061
facilities are required for the proper and convenient operation 1,062
of the utility or carrier, unless provision is made for the 1,063
restoration, relocation, or duplication of the property or 1,064
25
facilities elsewhere at the sole cost of the municipal 1,065
corporation. 1,066
(W) Provide by agreement with any regional airport 1,068
authority, created under section 308.03 of the Revised Code, for 1,069
the making of necessary surveys, appraisals, and examinations 1,070
preliminary to the acquisition or construction of any airport or 1,071
airport facility and pay the portion of the expense of the 1,072
surveys, appraisals, and examinations as set forth in the 1,073
agreement; 1,074
(X) Provide by agreement with any regional airport 1,076
authority, created under section 308.03 of the Revised Code, for 1,077
the acquisition, construction, maintenance, or operation of any 1,078
airport or airport facility owned or to be owned and operated by 1,079
the regional airport authority or owned or to be owned and 1,080
operated by the municipal corporation and pay the portion of the 1,081
expense of it as set forth in the agreement; 1,082
(Y) Acquire by gift, purchase, lease, or condemnation, 1,084
land, forest, and water rights necessary for conservation of 1,085
forest reserves, water parks, or reservoirs, either within or 1,086
without the limits of the municipal corporation, and improve and 1,087
equip the forest and water parks with structures, equipment, and 1,088
reforestation necessary or appropriate for any purpose for the 1,089
utilization of any of the forest and water benefits that may 1,090
properly accrue therefrom to the municipal corporation; 1,091
(Z) Acquire real property by purchase, gift, or devise and 1,093
construct and maintain on it public swimming pools, either within 1,094
or outside the limits of the municipal corporation; 1,095
(AA) Construct or rehabilitate, equip, maintain, operate, 1,097
and lease facilities for housing of elderly persons and for 1,098
persons of low and moderate income, and appurtenant facilities. 1,099
No municipal corporation shall deny housing accommodations to or 1,100
withhold housing accommodations from elderly persons or persons 1,101
of low and moderate income because of race, color, religion, sex, 1,102
familial status, as defined in section 4112.01 of the Revised 1,103
26
Code, handicap, DISABILITY as defined in that section, ancestry, 1,105
or national origin. Any elderly person or person of low or 1,106
moderate income who is denied housing accommodations or has them 1,107
withheld by a municipal corporation because of race, color, 1,108
religion, sex, familial status, as defined in section 4112.01 of 1,109
the Revised Code, handicap, DISABILITY as defined in that 1,110
section, ancestry, or national origin may file a charge with the 1,112
Ohio civil rights commission as provided in Chapter 4112. of the 1,113
Revised Code.
(BB) Acquire, rehabilitate, and develop rail property or 1,115
rail service, and enter into agreements with the Ohio rail 1,117
development commission, boards of county commissioners, boards of
township trustees, legislative authorities of other municipal 1,118
corporations, with other governmental agencies or organizations, 1,119
and with private agencies or organizations in order to achieve 1,120
those purposes; 1,121
(CC) Appropriate and contribute money to a soil and water 1,123
conservation district for use under Chapter 1515. of the Revised 1,124
Code; 1,125
(DD) Authorize the board of county commissioners, pursuant 1,127
to a contract authorizing the action, to contract on the 1,128
municipal corporation's behalf for the administration and 1,129
enforcement within its jurisdiction of the state building code by 1,130
another county or another municipal corporation located within or 1,131
outside the county. The contract for administration and 1,132
enforcement shall provide for obtaining certification pursuant to 1,133
division (E) of section 3781.10 of the Revised Code for the 1,134
exercise of administration and enforcement authority within the 1,135
municipal corporation seeking those services and shall specify 1,136
which political subdivision is responsible for securing that 1,137
certification. 1,138
(EE) Expend money for providing and maintaining services 1,140
and facilities for senior citizens. 1,141
"Airport," "landing field," and "air navigation facility," 1,143
27
as defined in section 4561.01 of the Revised Code, apply to 1,144
division (V) of this section. 1,145
As used in divisions (W) and (X) of this section, "airport" 1,147
and "airport facility" have the same meanings as in section 1,148
308.01 of the Revised Code. 1,149
As used in division (BB) of this section, "rail property" 1,151
and "rail service" have the same meanings as in section 4981.01 1,152
of the Revised Code. 1,153
Sec. 1501.012. (A) The director of natural resources may 1,162
lease lands in state parks, as defined in section 1501.07 of the 1,163
Revised Code, and contract for the construction and operation of 1,164
public service facilities, as mentioned in that section, and for 1,165
major renovation or remodeling of existing public service 1,166
facilities by the lessees on those lands. If the director 1,167
determines that doing so would be consistent with long-range 1,168
planning of the department of natural resources and in the best 1,169
interests of the department and the division of parks and 1,170
recreation in the department, the director shall negotiate and 1,172
execute a lease and contract for those purposes in accordance 1,173
with this chapter except as otherwise provided in this section. 1,174
(B) With the approval of the recreation and resources 1,176
council created under section 1501.04 of the Revised Code, the 1,178
director shall draft a statement of intent describing any public 1,179
service facility that the department wishes to have constructed 1,180
in accordance with this section and establishing a procedure for 1,181
the submission of proposals for providing the facility, 1,182
including, without limitation BUT NOT LIMITED TO, a requirement 1,183
that each prospective bidder or lessee of land shall submit with 1,185
the proposal a completed questionnaire and financial statement, 1,186
on forms prescribed and furnished by the department, to enable 1,187
the department to ascertain the person's financial worth and 1,188
experience in maintaining and operating facilities similar or 1,189
related to the public service facility in question. The 1,190
completed questionnaire and financial statement shall be verified 1,191
28
under oath by the prospective bidder or lessee. Questionnaires 1,192
and financial statements submitted under this division are 1,193
confidential and are not open to public inspection. Nothing in 1,194
this division shall be construed to prevent use of or reference 1,195
to questionnaires and financial statements in a civil action or 1,196
criminal prosecution commenced by the state. 1,197
The director shall publish the statement of intent in at 1,199
least three daily newspapers of general circulation in the state 1,200
at least once each week for four consecutive weeks. The director 1,202
shall then SHALL accept proposals in response to the statement of 1,203
intent for at least thirty days following the final publication 1,205
of the statement. At the end of the period during which 1,206
proposals may be submitted under this division, the director 1,207
shall select the proposal that the director determines best 1,208
complies with the statement of intent and may negotiate a lease 1,209
and contract with the person that submitted that proposal. 1,210
(C) Any lease and contract negotiated under this section 1,212
shall include in its terms and conditions ALL OF THE FOLLOWING: 1,213
(1) The legal description of the leasehold; 1,215
(2) The duration of the lease and contract, which shall 1,217
not exceed forty years, and a requirement that the lease and 1,218
contract be nonrenewable; 1,219
(3) A requirement that the lessee maintain in full force 1,221
and effect during the term of the lease and contract 1,222
comprehensive liability insurance for injury, death, or loss to 1,223
persons or property and fire casualty insurance for the public 1,224
service facility and all its structures in an amount established 1,225
by the director and naming the department as an additional 1,226
insured; 1,227
(4) A requirement that the lessee maintain in full force 1,229
and effect suitable performance bonds or other adequate security 1,230
pertaining to the construction and operation of the public 1,231
service facility; 1,232
(5) Detailed plans and specifications controlling the 1,234
29
construction of the public service facility that shall include 1,235
ALL OF THE FOLLOWING: 1,236
(a) The size and capacity of the facility; 1,238
(b) The type and quality of construction; 1,240
(c) Such other OTHER criteria as THAT the department 1,243
considers necessary and advisable. 1,244
(6) The manner of rental payment; 1,246
(7) A stipulation that the director shall have control and 1,248
supervision over ALL OF THE FOLLOWING: 1,249
(a) The operating season of the public service facility; 1,251
(b) The facility's hours of operation; 1,253
(c) The maximum rates to be charged guests using the 1,255
facility; 1,256
(d) The facility's sanitary conditions; 1,258
(e) The quality of food and service furnished the guests 1,260
of the facility; 1,261
(f) The lessee's general and structural maintenance 1,263
responsibilities at the facility. 1,264
(8) The disposition of the leasehold and improvements at 1,266
the expiration of the lease and contract; 1,267
(9) A requirement that the public service facility be 1,269
available to all members of the public without regard to sex, 1,270
race, color, creed, ancestry, national origin, or handicap 1,271
DISABILITY AS DEFINED IN SECTION 4112.01 OF THE REVISED CODE; 1,273
(10) Such other OTHER terms and conditions as THAT the 1,276
director considers necessary and advisable to carry out the 1,277
purposes of this section. 1,278
(D) The attorney general shall approve the form of the 1,280
lease and contract prior to its execution by the director. 1,281
(E) The authority granted in this section to the director 1,283
is in addition and supplemental to any other authority granted 1,284
the director under state law. 1,285
Sec. 2927.03. (A) No person, whether or not acting under 1,294
color of law, shall by force or threat of force willfully injure, 1,295
30
intimidate, or interfere with, or attempt to injure, intimidate, 1,296
or interfere with, any of the following: 1,297
(1) Any person because of race, color, religion, sex, 1,299
familial status, as defined in section 4112.01 of the Revised 1,300
Code, national origin, handicap, DISABILITY as defined in that 1,301
section, or ancestry and because that person is or has been 1,303
selling, purchasing, renting, financing, occupying, contracting, 1,304
or negotiating for the sale, purchase, rental, financing, or 1,305
occupation of any housing accommodations, or applying for or 1,306
participating in any service, organization, or facility relating 1,307
to the business of selling or renting housing accommodations; 1,308
(2) Any person because that person is or has been DOING, 1,310
or in order to intimidate that person or any other person or any 1,311
class of persons from doing, either of the following: 1,312
(a) Participating, without discrimination on account of 1,314
race, color, religion, sex, familial status, as defined in 1,315
section 4112.01 of the Revised Code, national origin, handicap, 1,316
DISABILITY as defined in that section, or ancestry, in any of the 1,318
activities, services, organizations, or facilities described in 1,319
division (A)(1) of this section; 1,320
(b) Affording another person or class of persons 1,322
opportunity or protection so to participate. 1,323
(3) Any person because that person is or has been, or in 1,325
order to discourage that person or any other person from, 1,326
lawfully aiding or encouraging other persons to participate, 1,327
without discrimination on account of race, color, religion, sex, 1,328
familial status, as defined in section 4112.01 of the Revised 1,329
Code, national origin, handicap, DISABILITY as defined in that 1,330
section, or ancestry, in any of the activities, services, 1,332
organizations, or facilities described in division (A)(1) of this 1,333
section, or participating lawfully in speech or peaceful assembly 1,334
opposing any denial of the opportunity to so participate. 1,335
(B) Whoever violates division (A) of this section is 1,337
guilty of a misdemeanor of the first degree. 1,338
31
Sec. 3781.111. (A) In addition to the powers conferred by 1,347
any other section of the Revised Code, the board of building 1,348
standards shall adopt standards and rules to facilitate the 1,349
reasonable access and use by all handicapped persons WITH A 1,350
DISABILITY of all buildings and the facilities of buildings for 1,352
which plans are submitted for approval under section 3791.04 of 1,353
the Revised Code. No standard or rule shall be applied to any 1,354
building the plans or drawings, specifications, and date of which 1,355
have been approved prior to the time that the standard or rule 1,356
takes effect.
(B) Except as otherwise provided in this section, the 1,358
standards and rules adopted by the board pursuant to this section 1,359
shall be in accordance with THE "The Americans With WITH 1,360
Disabilities Act of 1990," 104 Stat. 327, 42 U.S.C.A. 12101, as 1,362
amended, and THE "The Fair Housing Amendments ACT of 1988," 102 1,363
Stat. 1619, 42 U.S.C.A. 3601, as amended. 1,364
(C) All signs posted to designate special parking 1,366
locations for handicapped persons WITH A DISABILITY and persons 1,367
with disabilities that limit or impair the ability to walk in 1,369
accordance with division (E) of section 4511.69 of the Revised 1,370
Code and the standards and rules adopted pursuant to this section 1,371
shall be mounted on a fixed or movable post or otherwise affixed 1,372
in a vertical position at a height so that the sign is clearly 1,373
visible to the driver of a vehicle when parked in such a 1,374
location.
(D) As used in this section, "handicapped person 1,376
DISABILITY" has the same meaning as in section 4112.01 of the 1,378
Revised Code. As used in division (C) of this section, "persons 1,379
with disabilities that limit or impair the ability to walk" has 1,380
the same meaning as in division (A)(1) of section 4503.44 of the 1,381
Revised Code.
(E) No owner of a building or facility where special 1,383
parking locations for handicapped persons WITH A DISABILITY must 1,384
be designated in accordance with the standards and rules adopted 1,386
32
pursuant to this section shall fail to properly mark the special 1,387
parking locations as required by those standards and rules or 1,388
fail to maintain the markings of the special parking locations, 1,389
including the erection and maintenance of the fixed or movable 1,390
signs.
Sec. 4112.01. (A) As used in this chapter: 1,399
(1) "Person" includes one or more individuals, 1,401
partnerships, associations, organizations, corporations, legal 1,402
representatives, trustees, trustees in bankruptcy, receivers, and 1,403
other organized groups of persons. "Person" also includes, but 1,404
is not limited to, any owner, lessor, assignor, builder, manager, 1,405
broker, salesman SALESPERSON, appraiser, agent, employee, lending 1,407
institution, and the state and all political subdivisions, 1,408
authorities, agencies, boards, and commissions of the state. 1,409
(2) "Employer" includes the state, any political 1,411
subdivision of the state, any person employing four or more 1,412
persons within the state, and any person acting directly or 1,413
indirectly in the interest of an employer. 1,414
(3) "Employee" means an individual employed by any 1,416
employer but does not include any individual employed in the 1,417
domestic service of any person. 1,418
(4) "Labor organization" includes any organization that 1,420
exists, in whole or in part, for the purpose of collective 1,421
bargaining or of dealing with employers concerning grievances, 1,422
terms or conditions of employment, or other mutual aid or 1,423
protection in relation to employment. 1,424
(5) "Employment agency" includes any person regularly 1,426
undertaking, with or without compensation, to procure 1,427
opportunities to work or to procure, recruit, refer, or place 1,428
employees. 1,429
(6) "Commission" means the Ohio civil rights commission 1,431
created by section 4112.03 of the Revised Code. 1,432
(7) "Discriminate" includes segregate or separate. 1,434
(8) "Unlawful discriminatory practice" means any act 1,436
33
prohibited by section 4112.02, 4112.021, or 4112.022 of the 1,437
Revised Code. 1,438
(9) "Place of public accommodation" means any inn, 1,440
restaurant, eating house, barbershop, public conveyance by air, 1,441
land, or water, theater, store, other place for the sale of 1,442
merchandise, or any other place of public accommodation or 1,443
amusement of which the accommodations, advantages, facilities, or 1,444
privileges are available to the public. 1,445
(10) "Housing accommodations" includes any building or 1,447
structure, or portion of a building or structure, that is used or 1,448
occupied or is intended, arranged, or designed to be used or 1,449
occupied as the home residence, dwelling, dwelling unit, or 1,450
sleeping place of one or more individuals, groups, or families 1,451
whether or not living independently of each other; and any vacant 1,452
land offered for sale or lease. "Housing accommodations" also 1,453
includes any housing accommodations held or offered for sale or 1,454
rent by a real estate broker, salesman SALESPERSON, or agent, by 1,455
any other person pursuant to authorization of the owner, by the 1,457
owner, or by the owner's legal representative. 1,458
(11) "Restrictive covenant" means any specification 1,460
limiting the transfer, rental, lease, or other use of any housing 1,461
accommodations because of race, color, religion, sex, familial 1,462
status, national origin, handicap DISABILITY, or ancestry, or any 1,464
limitation based upon affiliation with or approval by any person, 1,465
directly or indirectly, employing race, color, religion, sex, 1,466
familial status, national origin, handicap DISABILITY, or 1,467
ancestry as a condition of affiliation or approval. 1,469
(12) "Burial lot" means any lot for the burial of deceased 1,471
persons within any public burial ground or cemetery, including, 1,472
but not limited to, cemeteries owned and operated by municipal 1,473
corporations, townships, or companies or associations 1,474
incorporated for cemetery purposes. 1,475
(13) "Handicap DISABILITY" means a physical or mental 1,477
impairment that substantially limits one or more major life 1,480
34
activities, including the functions of caring for one's self, 1,481
performing manual tasks, walking, seeing, hearing, speaking, 1,482
breathing, learning, and working; a record of a physical or 1,483
mental impairment; or being regarded as having a physical or 1,484
mental impairment.
(14) Except as otherwise provided in section 4112.021 of 1,486
the Revised Code, "age" means at least forty years old. 1,487
(15) "Familial status" means either of the following: 1,489
(a) One or more individuals who are under eighteen years 1,491
of age and who are domiciled with a parent or guardian having 1,492
legal custody of the individual or domiciled, with the written 1,493
permission of the parent or guardian having legal custody, with a 1,494
designee of the parent or guardian; 1,495
(b) Any person who is pregnant or in the process of 1,497
securing legal custody of any individual who is under eighteen 1,498
years of age. 1,499
(16)(a) Except as provided in division (A)(16)(b) of this 1,501
section, "physical or mental impairment" includes any of the 1,502
following: 1,503
(i) Any physiological disorder or condition, cosmetic 1,505
disfigurement, or anatomical loss affecting one or more of the 1,506
following body systems: neurological; musculoskeletal; special 1,507
sense organs; respiratory, including speech organs; 1,508
cardiovascular; reproductive; digestive; genito-urinary; hemic 1,509
and lymphatic; skin; and endocrine; 1,510
(ii) Any mental or psychological disorder, including, but 1,512
not limited to, mental retardation, organic brain syndrome, 1,513
emotional or mental illness, and specific learning disabilities; 1,514
(iii) Diseases and conditions, including, but not limited 1,516
to, orthopedic, visual, speech, and hearing impairments, cerebral 1,517
palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, 1,518
cancer, heart disease, diabetes, human immunodeficiency virus 1,519
infection, mental retardation, emotional illness, drug addiction, 1,520
and alcoholism. 1,521
35
(b) "Physical or mental impairment" does not include any 1,523
of the following: 1,524
(i) Homosexuality and bisexuality; 1,526
(ii) Transvestism, transsexualism, pedophilia, 1,528
exhibitionism, voyeurism, gender identity disorders not resulting 1,529
from physical impairments, or other sexual behavior disorders; 1,530
(iii) Compulsive gambling, kleptomania, or pyromania; 1,532
(iv) Psychoactive substance use disorders resulting from 1,534
current illegal use of a controlled substance. 1,535
(17) "Dwelling unit" means a single unit of residence for 1,537
a family of one or more persons. 1,538
(18) "Common use areas" means rooms, spaces, or elements 1,540
inside or outside a building that are made available for the use 1,541
of residents of the building or their guests, and includes, but 1,542
is not limited to, hallways, lounges, lobbies, laundry rooms, 1,543
refuse rooms, mail rooms, recreational areas, and passageways 1,544
among and between buildings. 1,545
(19) "Public use areas" means interior or exterior rooms 1,547
or spaces of a privately or publicly owned building that are made 1,548
available to the general public. 1,549
(20) "Controlled substance" has the same meaning as in 1,551
section 3719.01 of the Revised Code. 1,552
(21) "Handicapped person" means a person with a handicap. 1,554
(22) "Handicapped DISABLED tenant" means a tenant or 1,556
prospective tenant who is a handicapped person WITH A DISABILITY. 1,558
(B) For the purposes of divisions (A) to (F) of section 1,560
4112.02 of the Revised Code, the terms "because of sex" and "on 1,561
the basis of sex" include, but are not limited to, because of or 1,562
on the basis of pregnancy, any illness arising out of and 1,563
occurring during the course of a pregnancy, childbirth, or 1,564
related medical conditions. Women affected by pregnancy, 1,565
childbirth, or related medical conditions shall be treated the 1,566
same for all employment-related purposes, including receipt of 1,567
benefits under fringe benefit programs, as other persons not so 1,568
36
affected but similar in their ability or inability to work, and 1,569
nothing in division (B) of section 4111.17 of the Revised Code 1,570
shall be interpreted to permit otherwise. This division shall 1,571
not be construed to require an employer to pay for health 1,572
insurance benefits for abortion, except where the life of the 1,573
mother would be endangered if the fetus were carried to term or 1,574
except where medical complications have arisen from the abortion, 1,575
provided that nothing in this division precludes an employer from 1,576
providing abortion benefits or otherwise affects bargaining 1,577
agreements in regard to abortion. 1,578
Sec. 4112.02. It shall be an unlawful discriminatory 1,587
practice:
(A) For any employer, because of the race, color, 1,589
religion, sex, national origin, handicap DISABILITY, age, or 1,590
ancestry of any person, to discharge without just cause, to 1,592
refuse to hire, or otherwise to discriminate against that person 1,593
with respect to hire, tenure, terms, conditions, or privileges of 1,594
employment, or any matter directly or indirectly related to 1,595
employment.
(B) For an employment agency or personnel placement 1,597
service, because of race, color, religion, sex, national origin, 1,598
handicap DISABILITY, age, or ancestry, to do any of the 1,599
following: 1,600
(1) Refuse or fail to accept, register, classify properly, 1,602
or refer for employment, or otherwise discriminate against any 1,603
person; 1,604
(2) Comply with a request from an employer for referral of 1,606
applicants for employment if the request directly or indirectly 1,607
indicates that the employer fails to comply with the provisions 1,608
of sections 4112.01 to 4112.07 of the Revised Code. 1,609
(C) For any labor organization to do any of the following: 1,611
(1) Limit or classify its membership on the basis of race, 1,613
color, religion, sex, national origin, handicap DISABILITY, age, 1,614
or ancestry; 1,616
37
(2) Discriminate against, limit the employment 1,618
opportunities of, or otherwise adversely affect the employment 1,619
status, wages, hours, or employment conditions of any person as 1,620
an employee because of race, color, religion, sex, national 1,621
origin, handicap DISABILITY, age, or ancestry. 1,622
(D) For any employer, labor organization, or joint 1,624
labor-management committee controlling apprentice training 1,625
programs to discriminate against any person because of race, 1,626
color, religion, sex, national origin, handicap DISABILITY, or 1,627
ancestry in admission to, or employment in, any program 1,629
established to provide apprentice training. 1,630
(E) Except where based on a bona fide occupational 1,632
qualification certified in advance by the commission, for any 1,633
employer, employment agency, personnel placement service, or 1,634
labor organization, prior to employment or admission to 1,635
membership, to do any of the following: 1,636
(1) Elicit or attempt to elicit any information concerning 1,638
the race, color, religion, sex, national origin, handicap 1,639
DISABILITY, age, or ancestry of an applicant for employment or 1,641
membership;
(2) Make or keep a record of the race, color, religion, 1,643
sex, national origin, handicap DISABILITY, age, or ancestry of 1,644
any applicant for employment or membership; 1,646
(3) Use any form of application for employment, or 1,648
personnel or membership blank, seeking to elicit information 1,649
regarding race, color, religion, sex, national origin, handicap 1,650
DISABILITY, age, or ancestry; but an employer holding a contract 1,652
containing a nondiscrimination clause with the government of the 1,653
United States, or any department or agency of that government, 1,654
may require an employee or applicant for employment to furnish 1,655
documentary proof of United States citizenship and may retain 1,656
that proof in the employer's personnel records and may use 1,657
photographic or fingerprint identification for security purposes; 1,658
(4) Print or publish or cause to be printed or published 1,660
38
any notice or advertisement relating to employment or membership 1,661
indicating any preference, limitation, specification, or 1,662
discrimination, based upon race, color, religion, sex, national 1,663
origin, handicap DISABILITY, age, or ancestry; 1,664
(5) Announce or follow a policy of denying or limiting, 1,666
through a quota system or otherwise, employment or membership 1,667
opportunities of any group because of the race, color, religion, 1,668
sex, national origin, handicap DISABILITY, age, or ancestry of 1,669
that group; 1,670
(6) Utilize in the recruitment or hiring of persons any 1,672
employment agency, personnel placement service, training school 1,673
or center, labor organization, or any other employee-referring 1,674
source known to discriminate against persons because of their 1,675
race, color, religion, sex, national origin, handicap DISABILITY, 1,677
age, or ancestry. 1,678
(F) For any person seeking employment to publish or cause 1,680
to be published any advertisement that specifies or in any manner 1,681
indicates that person's race, color, religion, sex, national 1,682
origin, handicap DISABILITY, age, or ancestry, or expresses a 1,683
limitation or preference as to the race, color, religion, sex, 1,685
national origin, handicap DISABILITY, age, or ancestry of any 1,686
prospective employer. 1,687
(G) For any proprietor or any employee, keeper, or manager 1,689
of a place of public accommodation to deny to any person, except 1,690
for reasons applicable alike to all persons regardless of race, 1,691
color, religion, sex, national origin, handicap DISABILITY, age, 1,692
or ancestry, the full enjoyment of the accommodations, 1,694
advantages, facilities, or privileges of the place of public 1,695
accommodation.
(H) For any person to do any of the following: 1,697
(1) Refuse to sell, transfer, assign, rent, lease, 1,699
sublease, or finance housing accommodations, refuse to negotiate 1,700
for the sale or rental of housing accommodations, or otherwise 1,701
deny or make unavailable housing accommodations because of race, 1,702
39
color, religion, sex, familial status, ancestry, handicap 1,703
DISABILITY, or national origin; 1,705
(2) Represent to any person that housing accommodations 1,707
are not available for inspection, sale, or rental, when in fact 1,708
they are available, because of race, color, religion, sex, 1,709
familial status, ancestry, handicap DISABILITY, or national 1,710
origin; 1,711
(3) Discriminate against any person in the making or 1,713
purchasing of loans or the provision of other financial 1,714
assistance for the acquisition, construction, rehabilitation, 1,715
repair, or maintenance of housing accommodations, or any person 1,716
in the making or purchasing of loans or the provision of other 1,717
financial assistance that is secured by residential real estate, 1,718
because of race, color, religion, sex, familial status, ancestry, 1,719
handicap DISABILITY, or national origin or because of the racial 1,720
composition of the neighborhood in which the housing 1,722
accommodations are located, provided that the person, whether an 1,723
individual, corporation, or association of any type, lends money 1,724
as one of the principal aspects or incident to the person's 1,725
principal business and not only as a part of the purchase price 1,726
of an owner-occupied residence the person is selling nor merely 1,727
casually or occasionally to a relative or friend; 1,728
(4) Discriminate against any person in the terms or 1,730
conditions of selling, transferring, assigning, renting, leasing, 1,731
or subleasing any housing accommodations or in furnishing 1,732
facilities, services, or privileges in connection with the 1,733
ownership, occupancy, or use of any housing accommodations, 1,734
including the sale of fire, extended coverage, or homeowners 1,735
insurance, because of race, color, religion, sex, familial 1,736
status, ancestry, handicap DISABILITY, or national origin or 1,737
because of the racial composition of the neighborhood in which 1,739
the housing accommodations are located; 1,740
(5) Discriminate against any person in the terms or 1,742
conditions of any loan of money, whether or not secured by 1,743
40
mortgage or otherwise, for the acquisition, construction, 1,744
rehabilitation, repair, or maintenance of housing accommodations 1,745
because of race, color, religion, sex, familial status, ancestry, 1,746
handicap DISABILITY, or national origin or because of the racial 1,747
composition of the neighborhood in which the housing 1,749
accommodations are located; 1,750
(6) Refuse to consider without prejudice the combined 1,752
income of both husband and wife for the purpose of extending 1,753
mortgage credit to a married couple or either member of a married 1,754
couple; 1,755
(7) Print, publish, or circulate any statement or 1,757
advertisement, or make or cause to be made any statement or 1,758
advertisement, relating to the sale, transfer, assignment, 1,759
rental, lease, sublease, or acquisition of any housing 1,760
accommodations, or relating to the loan of money, whether or not 1,761
secured by mortgage or otherwise, for the acquisition, 1,762
construction, rehabilitation, repair, or maintenance of housing 1,763
accommodations, that indicates any preference, limitation, 1,764
specification, or discrimination based upon race, color, 1,765
religion, sex, familial status, ancestry, handicap DISABILITY, or 1,767
national origin, or an intention to make any such preference, 1,768
limitation, specification, or discrimination; 1,769
(8) Except as otherwise provided in division (H)(8) or 1,771
(17) of this section, make any inquiry, elicit any information, 1,772
make or keep any record, or use any form of application 1,773
containing questions or entries concerning race, color, religion, 1,774
sex, familial status, ancestry, handicap DISABILITY, or national 1,775
origin in connection with the sale or lease of any housing 1,777
accommodations or the loan of any money, whether or not secured 1,778
by mortgage or otherwise, for the acquisition, construction, 1,779
rehabilitation, repair, or maintenance of housing accommodations. 1,780
Any person may make inquiries, and make and keep records, 1,781
concerning race, color, religion, sex, familial status, ancestry, 1,782
handicap DISABILITY, or national origin for the purpose of 1,784
41
monitoring compliance with this chapter. 1,785
(9) Include in any transfer, rental, or lease of housing 1,787
accommodations any restrictive covenant, or honor or exercise, or 1,788
attempt to honor or exercise, any restrictive covenant; 1,789
(10) Induce or solicit, or attempt to induce or solicit, a 1,791
housing accommodations listing, sale, or transaction by 1,792
representing that a change has occurred or may occur with respect 1,793
to the racial, religious, sexual, familial status, or ethnic 1,794
composition of the block, neighborhood, or other area in which 1,795
the housing accommodations are located, or induce or solicit, or 1,796
attempt to induce or solicit, a housing accommodations listing, 1,797
sale, or transaction by representing that the presence or 1,798
anticipated presence of persons of any race, color, religion, 1,799
sex, familial status, ancestry, handicap DISABILITY, or national 1,800
origin, in the block, neighborhood, or other area will or may 1,802
have results including, but not limited to, the following: 1,803
(a) The lowering of property values; 1,805
(b) A change in the racial, religious, sexual, familial 1,807
status, or ethnic composition of the block, neighborhood, or 1,808
other area; 1,809
(c) An increase in criminal or antisocial behavior in the 1,811
block, neighborhood, or other area; 1,812
(d) A decline in the quality of the schools serving the 1,814
block, neighborhood, or other area. 1,815
(11) Deny any person access to or membership or 1,817
participation in any multiple-listing service, real estate 1,818
brokers' organization, or other service, organization, or 1,819
facility relating to the business of selling or renting housing 1,820
accommodations, or discriminate against any person in the terms 1,821
or conditions of that access, membership, or participation, on 1,822
account of race, color, religion, sex, familial status, national 1,823
origin, handicap DISABILITY, or ancestry; 1,824
(12) Coerce, intimidate, threaten, or interfere with any 1,826
person in the exercise or enjoyment of, or on account of that 1,827
42
person's having exercised or enjoyed or having aided or 1,828
encouraged any other person in the exercise or enjoyment of, any 1,829
right granted or protected by division (H) of this section; 1,830
(13) Discourage or attempt to discourage the purchase by a 1,832
prospective purchaser of housing accommodations, by representing 1,833
that any block, neighborhood, or other area has undergone or 1,834
might undergo a change with respect to its religious, racial, 1,835
sexual, familial status, or ethnic composition; 1,836
(14) Refuse to sell, transfer, assign, rent, lease, 1,838
sublease, or finance, or otherwise deny or withhold, a burial lot 1,839
from any person because of the race, color, sex, familial status, 1,840
age, ancestry, handicap DISABILITY, or national origin of any 1,841
prospective owner or user of the lot; 1,843
(15) Discriminate in the sale or rental of, or otherwise 1,845
make unavailable or deny, housing accommodations to any buyer or 1,846
renter because of a handicap DISABILITY of any of the following: 1,847
(a) The buyer or renter; 1,849
(b) A person residing in or intending to reside in the 1,851
housing accommodations after they are sold, rented, or made 1,852
available; 1,853
(c) Any individual associated with the person described in 1,855
division (H)(15)(b) of this section. 1,856
(16) Discriminate in the terms, conditions, or privileges 1,858
of the sale or rental of housing accommodations to any person or 1,859
in the provision of services or facilities to any person in 1,860
connection with the housing accommodations because of a handicap 1,861
DISABILITY of any of the following: 1,862
(a) That person; 1,864
(b) A person residing in or intending to reside in the 1,866
housing accommodations after they are sold, rented, or made 1,867
available; 1,868
(c) Any individual associated with the person described in 1,870
division (H)(16)(b) of this section. 1,871
(17) Except as otherwise provided in division (H)(17) of 1,873
43
this section, make an inquiry to determine whether an applicant 1,874
for the sale or rental of housing accommodations, a person 1,875
residing in or intending to reside in the housing accommodations 1,876
after they are sold, rented, or made available, or any individual 1,877
associated with that person has a handicap DISABILITY, or make an 1,879
inquiry to determine the nature or severity of a handicap 1,880
DISABILITY of the applicant or such a person or individual. The 1,882
following inquiries may be made of all applicants for the sale or 1,883
rental of housing accommodations, regardless of whether they have 1,884
handicaps DISABILITIES: 1,885
(a) An inquiry into an applicant's ability to meet the 1,887
requirements of ownership or tenancy; 1,888
(b) An inquiry to determine whether an applicant is 1,890
qualified for housing accommodations available only to persons 1,891
with handicaps DISABILITIES or persons with a particular type of 1,892
handicap DISABILITY; 1,893
(c) An inquiry to determine whether an applicant is 1,895
qualified for a priority available to persons with handicaps 1,896
DISABILITIES or persons with a particular type of handicap 1,898
DISABILITY;
(d) An inquiry to determine whether an applicant currently 1,900
uses a controlled substance in violation of section 2925.11 of 1,901
the Revised Code or a substantively comparable municipal 1,902
ordinance; 1,903
(e) An inquiry to determine whether an applicant at any 1,905
time has been convicted of or pleaded guilty to any offense, an 1,906
element of which is the illegal sale, offer to sell, cultivation, 1,907
manufacture, other production, shipment, transportation, 1,909
delivery, or other distribution of a controlled substance. 1,910
(18)(a) Refuse to permit, at the expense of a handicapped 1,912
person WITH A DISABILITY, reasonable modifications of existing 1,913
housing accommodations that are occupied or to be occupied by the 1,914
handicapped person WITH A DISABILITY, if the modifications may be 1,916
necessary to afford the handicapped person WITH A DISABILITY full 1,917
44
enjoyment of the housing accommodations. This division does not 1,919
preclude a landlord of housing accommodations that are rented or 1,920
to be rented to a handicapped DISABLED tenant from conditioning 1,921
permission for a proposed modification upon the handicapped 1,923
DISABLED tenant's doing one or more of the following: 1,925
(i) Providing a reasonable description of the proposed 1,927
modification and reasonable assurances that the proposed 1,928
modification will be made in a workmanlike WORKERLIKE manner and 1,929
that any required building permits will be obtained prior to the 1,930
commencement of the proposed modification; 1,931
(ii) Agreeing to restore at the end of the tenancy the 1,933
interior of the housing accommodations to the condition they were 1,934
in prior to the proposed modification, but subject to reasonable 1,935
wear and tear during the period of occupancy, if it is reasonable 1,936
for the landlord to condition permission for the proposed 1,937
modification upon the agreement; 1,938
(iii) Paying into an interest-bearing escrow account that 1,940
is in the landlord's name, over a reasonable period of time, a 1,941
reasonable amount of money not to exceed the projected costs at 1,942
the end of the tenancy of the restoration of the interior of the 1,943
housing accommodations to the condition they were in prior to the 1,944
proposed modification, but subject to reasonable wear and tear 1,945
during the period of occupancy, if the landlord finds the account 1,946
reasonably necessary to ensure the availability of funds for the 1,947
restoration work. The interest earned in connection with an 1,948
escrow account described in this division shall accrue to the 1,949
benefit of the handicapped DISABLED tenant who makes payments 1,950
into the account. 1,952
(b) A landlord shall not condition permission for a 1,954
proposed modification upon a handicapped DISABLED tenant's 1,955
payment of a security deposit that exceeds the customarily 1,957
required security deposit of all tenants of the particular 1,958
housing accommodations.
(19) Refuse to make reasonable accommodations in rules, 1,960
45
policies, practices, or services when necessary to afford a 1,961
handicapped person WITH A DISABILITY equal opportunity to use and 1,963
enjoy a dwelling unit, including associated public and common use 1,964
areas;
(20) Fail to comply with the standards and rules adopted 1,966
under division (A) of section 3781.111 of the Revised Code; 1,967
(21) Discriminate against any person in the selling, 1,969
brokering, or appraising of real property because of race, color, 1,970
religion, sex, familial status, ancestry, handicap DISABILITY, or 1,972
national origin; 1,973
(22) Fail to design and construct covered multifamily 1,975
dwellings for first occupancy on or after June 30, 1992, in 1,976
accordance with the following conditions: 1,977
(a) The dwellings shall have at least one building 1,979
entrance on an accessible route, unless it is impractical to do 1,980
so because of the terrain or unusual characteristics of the site. 1,981
(b) With respect to dwellings that have a building 1,983
entrance on an accessible route, all of the following apply: 1,984
(i) The public use areas and common use areas of the 1,986
dwellings shall be readily accessible to and usable by 1,987
handicapped persons WITH A DISABILITY. 1,988
(ii) All the doors designed to allow passage into and 1,990
within all premises shall be sufficiently wide to allow passage 1,991
by handicapped persons WITH A DISABILITY WHO ARE in wheelchairs. 1,992
(iii) All premises within covered multifamily dwelling 1,994
units shall contain an accessible route into and through the 1,995
dwelling; all light switches, electrical outlets, thermostats, 1,996
and other environmental controls within such units shall be in 1,997
accessible locations; the bathroom walls within such units shall 1,998
contain reinforcements to allow later installation of grab bars; 1,999
and the kitchens and bathrooms within such units shall be 2,000
designed and constructed in a manner that enables an individual 2,001
in a wheelchair to maneuver about such rooms. 2,002
For purposes of division (H)(22) of this section, "covered 2,004
46
multifamily dwellings" means buildings consisting of four or more 2,005
units if such buildings have one or more elevators and ground 2,006
floor units in other buildings consisting of four or more units. 2,007
(I) For any person to discriminate in any manner against 2,009
any other person because that person has opposed any unlawful 2,010
discriminatory practice defined in this section or because that 2,011
person has made a charge, testified, assisted, or participated in 2,012
any manner in any investigation, proceeding, or hearing under 2,013
sections 4112.01 to 4112.07 of the Revised Code. 2,014
(J) For any person to aid, abet, incite, compel, or coerce 2,016
the doing of any act declared by this section to be an unlawful 2,017
discriminatory practice, to obstruct or prevent any person from 2,018
complying with this chapter or any order issued under it, or to 2,019
attempt directly or indirectly to commit any act declared by this 2,020
section to be an unlawful discriminatory practice. 2,021
(K)(1) Nothing in division (H) of this section shall bar 2,023
any religious or denominational institution or organization, or 2,024
any nonprofit charitable or educational organization that is 2,025
operated, supervised, or controlled by or in connection with a 2,026
religious organization, from limiting the sale, rental, or 2,027
occupancy of housing accommodations that it owns or operates for 2,028
other than a commercial purpose to persons of the same religion, 2,029
or from giving preference in the sale, rental, or occupancy of 2,030
such housing accommodations to persons of the same religion, 2,031
unless membership in the religion is restricted on account of 2,032
race, color, or national origin. 2,033
(2) Nothing in division (H) of this section shall bar any 2,035
bona fide private or fraternal organization that, incidental to 2,036
its primary purpose, owns or operates lodgings for other than a 2,037
commercial purpose, from limiting the rental or occupancy of the 2,038
lodgings to its members or from giving preference to its members. 2,039
(3) Nothing in division (H) of this section limits the 2,041
applicability of any reasonable local, state, or federal 2,042
restrictions regarding the maximum number of occupants permitted 2,043
47
to occupy housing accommodations. Nothing in that division 2,044
prohibits the owners or managers of housing accommodations from 2,045
implementing reasonable occupancy standards based on the number 2,046
and size of sleeping areas or bedrooms and the overall size of a 2,047
dwelling unit, provided that the standards are not implemented to 2,048
circumvent the purposes of this chapter and are formulated, 2,049
implemented, and interpreted in a manner consistent with this 2,050
chapter and any applicable local, state, or federal restrictions 2,051
regarding the maximum number of occupants permitted to occupy 2,052
housing accommodations. 2,053
(4) Nothing in division (H) of this section requires that 2,055
housing accommodations be made available to an individual whose 2,056
tenancy would constitute a direct threat to the health or safety 2,057
of other individuals or whose tenancy would result in substantial 2,058
physical damage to the property of others. 2,059
(5) Nothing in division (H) of this section pertaining to 2,061
discrimination on the basis of familial status shall be construed 2,062
to apply to any of the following: 2,063
(a) Housing accommodations provided under any state or 2,065
federal program that have been determined under the "Fair Housing 2,066
Amendments Act of 1988," 102 Stat. 1623, 42 U.S.C.A. 3607, as 2,067
amended, to be specifically designed and operated to assist 2,068
elderly persons; 2,069
(b) Housing accommodations intended for and solely 2,071
occupied by persons who are sixty-two years of age or older; 2,072
(c) Housing accommodations intended and operated for 2,074
occupancy by at least one person who is fifty-five years of age 2,075
or older per unit, as determined under the "Fair Housing 2,076
Amendments Act of 1988," 102 Stat. 1623, 42 U.S.C.A. 3607, as 2,077
amended. 2,078
(L) Nothing in divisions (A) to (E) of this section shall 2,080
be construed to require a handicapped person WITH A DISABILITY to 2,082
be employed or trained under circumstances that would 2,083
significantly increase the occupational hazards affecting either 2,084
48
the handicapped person WITH A DISABILITY, other employees, the 2,086
general public, or the facilities in which the work is to be 2,087
performed, or to require the employment or training of a 2,088
handicapped person WITH A DISABILITY in a job that requires the 2,089
handicapped person WITH A DISABILITY routinely to undertake any 2,090
task, the performance of which is substantially and inherently 2,091
impaired by the handicapped person's handicap DISABILITY. 2,092
(M) Nothing in divisions (H)(1) to (18) of this section 2,094
shall be construed to require any person selling or renting 2,095
property to modify the property in any way or to exercise a 2,096
higher degree of care for a person having WITH a handicap 2,097
DISABILITY, to relieve any handicapped person WITH A DISABILITY 2,099
of any obligation generally imposed on all persons regardless of 2,101
handicap DISABILITY in a written lease, rental agreement, or 2,103
contract of purchase or sale, or to forbid distinctions based on 2,104
the inability to fulfill the terms and conditions, including 2,105
financial obligations, of the lease, agreement, or contract. 2,106
(N) An aggrieved individual may enforce the individual's 2,108
rights relative to discrimination on the basis of age as provided 2,109
for in this section by instituting a civil action, within two 2,110
years after the alleged unlawful discriminatory practice 2,111
occurred, in any court with jurisdiction for any legal or 2,112
equitable relief that will effectuate the individual's rights. 2,113
A person who files a civil action under this division is 2,115
barred, with respect to the practices complained of, from 2,116
instituting a civil action under section 4112.14 of the Revised 2,117
Code and from filing a charge with the commission under section 2,118
4112.05 of the Revised Code. 2,119
(O) With regard to age, it shall not be an unlawful 2,121
discriminatory practice and it shall not constitute a violation 2,122
of division (A) of section 4112.14 of the Revised Code for any 2,123
employer, employment agency, joint labor-management committee 2,124
controlling apprenticeship training programs, or labor 2,125
organization to do any of the following: 2,126
49
(1) Establish bona fide employment qualifications 2,128
reasonably related to the particular business or occupation that 2,129
may include standards for skill, aptitude, physical capability, 2,130
intelligence, education, maturation, and experience; 2,131
(2) Observe the terms of a bona fide seniority system or 2,133
any bona fide employee benefit plan, including, but not limited 2,134
to, a retirement, pension, or insurance plan, that is not a 2,135
subterfuge to evade the purposes of this section. However, no 2,136
such employee benefit plan shall excuse the failure to hire any 2,137
individual, and no such seniority system or employee benefit plan 2,138
shall require or permit the involuntary retirement of any 2,139
individual, because of the individual's age except as provided 2,140
for in the "Age Discrimination in Employment Act Amendment of 2,141
1978," 92 Stat. 189, 29 U.S.C.A. 623, as amended by the "Age 2,142
Discrimination in Employment Act Amendments of 1986," 100 Stat. 2,143
3342, 29 U.S.C.A. 623, as amended. 2,144
(3) Retire an employee who has attained sixty-five years 2,146
of age who, for the two-year period immediately before 2,147
retirement, is employed in a bona fide executive or a high 2,148
policymaking position, if the employee is entitled to an 2,149
immediate nonforfeitable annual retirement benefit from a 2,150
pension, profit-sharing, savings, or deferred compensation plan, 2,151
or any combination of those plans, of the employer of the 2,152
employee, which equals, in the aggregate, at least forty-four 2,153
thousand dollars, in accordance with the conditions of the "Age 2,154
Discrimination in Employment Act Amendment of 1978," 92 Stat. 2,155
189, 29 U.S.C.A. 631, as amended by the "Age Discrimination in 2,156
Employment Act Amendments of 1986," 100 Stat. 3342, 29 U.S.C.A. 2,157
631, as amended; 2,158
(4) Observe the terms of any bona fide apprenticeship 2,160
program if the program is registered with the Ohio apprenticeship 2,161
council pursuant to sections 4111.25 to 4111.30 of the Revised 2,162
Code and is approved by the federal committee on apprenticeship 2,163
of the United States department of labor. 2,164
50
(P) Nothing in this chapter prohibiting age discrimination 2,166
and nothing in division (A) of section 4112.14 of the Revised 2,167
Code shall be construed to prohibit the following: 2,168
(1) The designation of uniform age the attainment of which 2,170
is necessary for public employees to receive pension or other 2,171
retirement benefits pursuant to Chapter 145., 742., 3307., 3309., 2,172
or 5505. of the Revised Code; 2,173
(2) The mandatory retirement of uniformed patrol officers 2,175
of the state highway patrol as provided in section 5505.16 of the 2,176
Revised Code; 2,177
(3) The maximum age requirements for appointment as a 2,179
patrol officer in the state highway patrol established by section 2,180
5503.01 of the Revised Code; 2,181
(4) The maximum age requirements established for original 2,183
appointment to a police department or fire department in sections 2,184
124.41 and 124.42 of the Revised Code; 2,185
(5) Any maximum age not in conflict with federal law that 2,187
may be established by a municipal charter, municipal ordinance, 2,188
or resolution of a board of township trustees for original 2,189
appointment as a police officer or fire fighter FIREFIGHTER; 2,190
(6) Any mandatory retirement provision not in conflict 2,192
with federal law of a municipal charter, municipal ordinance, or 2,193
resolution of a board of township trustees pertaining to police 2,194
officers and fire fighters FIREFIGHTERS; 2,195
(7) Until January 1, 1994, the mandatory retirement of any 2,197
employee who has attained seventy years of age and who is serving 2,198
under a contract of unlimited tenure, or similar arrangement 2,199
providing for unlimited tenure, at an institution of higher 2,200
education as defined in the "Education Amendments of 1980," 94 2,201
Stat. 1503, 20 U.S.C.A. 1141(a). 2,202
(Q)(1)(a) Except as provided in division (Q)(1)(b) of this 2,204
section, for purposes of divisions (A) to (E) of this section, a 2,205
handicap DISABILITY does not include any physiological disorder 2,206
or condition, mental or psychological disorder, or disease or 2,208
51
condition caused by an illegal use of any controlled substance by 2,209
an employee, applicant, or other person, if an employer, 2,210
employment agency, personnel placement service, labor 2,211
organization, or joint labor-management committee acts on the 2,212
basis of that illegal use. 2,213
(b) Division (Q)(1)(a) of this section does not apply to 2,215
an employee, applicant, or other person who satisfies any of the 2,216
following: 2,217
(i) The employee, applicant, or other person has 2,219
successfully completed a supervised drug rehabilitation program 2,221
and no longer is engaging in the illegal use of any controlled 2,222
substance, or the employee, applicant, or other person otherwise 2,223
successfully has been rehabilitated and no longer is engaging in 2,224
that illegal use.
(ii) The employee, applicant, or other person is 2,226
participating in a supervised drug rehabilitation program and no 2,228
longer is engaging in the illegal use of any controlled 2,229
substance.
(iii) The employee, applicant, or other person is 2,231
erroneously regarded as engaging in the illegal use of any 2,233
controlled substance, but the employee, applicant, or other 2,234
person is not engaging in that illegal use. 2,235
(2) Divisions (A) to (E) of this section do not prohibit 2,237
an employer, employment agency, personnel placement service, 2,238
labor organization, or joint labor-management committee from 2,239
doing any of the following: 2,240
(a) Adopting or administering reasonable policies or 2,242
procedures, including, but not limited to, testing for the 2,243
illegal use of any controlled substance, that are designed to 2,244
ensure that an individual described in division (Q)(1)(b)(i) or 2,245
(ii) of this section no longer is engaging in the illegal use of 2,246
any controlled substance; 2,247
(b) Prohibiting the illegal use of controlled substances 2,249
and the use of alcohol at the workplace by all employees; 2,250
52
(c) Requiring that employees not be under the influence of 2,252
alcohol or not be engaged in the illegal use of any controlled 2,253
substance at the workplace; 2,254
(d) Requiring that employees behave in conformance with 2,256
the requirements established under "The Drug-Free Workplace Act 2,257
of 1988," 102 Stat. 4304, 41 U.S.C.A. 701, as amended; 2,258
(e) Holding an employee who engages in the illegal use of 2,260
any controlled substance or who is an alcoholic to the same 2,261
qualification standards for employment or job performance, and 2,262
the same behavior, to which the employer, employment agency, 2,263
personnel placement service, labor organization, or joint 2,264
labor-management committee holds other employees, even if any 2,265
unsatisfactory performance or behavior is related to an 2,266
employee's illegal use of a controlled substance or alcoholism; 2,267
(f) Exercising other authority recognized in the 2,269
"Americans with Disabilities Act of 1990," 104 Stat. 327, 42 2,270
U.S.C.A. 12101, as amended, including, but not limited to, 2,271
requiring employees to comply with any applicable federal 2,272
standards. 2,273
(3) For purposes of this chapter, a test to determine the 2,275
illegal use of any controlled substance does not include a 2,276
medical examination. 2,277
(4) Division (Q) of this section does not encourage, 2,279
prohibit, or authorize, and shall not be construed as 2,280
encouraging, prohibiting, or authorizing, the conduct of testing 2,281
for the illegal use of any controlled substance by employees, 2,282
applicants, or other persons, or the making of employment 2,283
decisions based on the results of that type of testing. 2,284
Sec. 4112.021. (A) As used in this section: 2,293
(1) "Credit" means the right granted by a creditor to a 2,295
person to defer payment of a debt, or to incur debt and defer its 2,296
payment, or TO purchase property or services and defer payment 2,297
therefor; FOR THE PROPERTY OR SERVICES. 2,298
(2) "Creditor" means any person who regularly extends, 2,300
53
renews, or continues credit, any person who regularly arranges 2,301
for the extension, renewal, or continuation of credit, or any 2,302
assignee of an original creditor who participates in the decision 2,303
to extend, renew, or continue credit, whether or not any interest 2,304
or finance charge is required;. 2,305
(3) "Credit reporting agency" means any person who, for 2,307
monetary fees, OR dues, or on a cooperative nonprofit basis, 2,309
regularly assembles or evaluates credit information for the 2,310
purpose of furnishing credit reports to creditors;. 2,311
(4) "Age" means any age of eighteen years or older. 2,313
(B) It shall be an unlawful discriminatory practice: 2,315
(1) For any creditor to DO ANY OF THE FOLLOWING: 2,317
(a) Discriminate against any applicant for credit in the 2,319
granting, withholding, extending, or renewing of credit, or in 2,320
the fixing of the rates, terms, or conditions of any form of 2,321
credit, on the basis of race, color, religion, age, sex, marital 2,322
status, national origin, handicap DISABILITY, or ancestry, except 2,324
that this division shall not apply with respect to age in any 2,325
real estate transaction between a financial institution, a dealer 2,326
in intangibles, or an insurance company as these terms are 2,327
defined in section 5725.01 of the Revised Code and its customers; 2,328
(b) Use or make any inquiry as to race, color, religion, 2,330
age, sex, marital status, national origin, handicap DISABILITY, 2,331
or ancestry for the purpose of limiting or specifying those 2,333
persons to whom credit will be granted, except that an inquiry of 2,334
marital status does not constitute discrimination for the 2,335
purposes of this section if the inquiry is made for the purpose 2,336
of ascertaining the creditor's rights and remedies applicable to 2,337
the particular extension of credit, and except that creditors are 2,338
excepted from this division with respect to any inquiry, 2,339
elicitation of information, record, or form of application 2,340
required of such A PARTICULAR creditor by any instrumentality or 2,342
agency of the United States, or required of such A PARTICULAR 2,343
creditor by any agency or instrumentality to enforce the "Civil 2,345
54
Rights Act of 1968," 82 Stat. 84, 85, 42 U.S.C.A. 3608(c); 2,346
(c) Refuse to consider the sources of income of an 2,348
applicant for credit, or disregard or ignore the income of an 2,349
applicant, in whole or in part, on the basis of race, color, 2,350
religion, age, sex, marital status, handicap DISABILITY, national 2,352
origin, or ancestry; 2,353
(d) Refuse to grant credit to an individual in any name 2,355
that individual customarily uses, if it has been determined in 2,356
the normal course of business, that the creditor will grant 2,357
credit to the individual; 2,358
(e) Impose any special requirements or conditions, 2,360
including, but not limited to, a requirement for co-obligors or 2,361
reapplication, upon any applicant or class of applicants on the 2,362
basis of race, color, religion, age, sex, marital status, 2,363
national origin, handicap DISABILITY, or ancestry in 2,364
circumstances where similar requirements or conditions are not 2,366
imposed on other applicants similarly situated, unless the 2,367
special requirements or conditions that are imposed with respect 2,368
to age are the result of a real estate transaction exempted under 2,369
division (B)(1)(a) of this section or are the result of programs 2,370
that grant preferences to certain age groups administered by 2,371
instrumentalities or agencies of the United States, a state, or a 2,372
political subdivision of a state; 2,373
(f) Fail or refuse to provide an applicant for credit a 2,375
written statement of the specific reasons for rejection of the 2,376
application if requested in writing by the applicant within sixty 2,377
days of the rejection. The creditor shall provide the written 2,378
statement of the specific reason for rejection within thirty days 2,379
after receipt of such A request OF THAT NATURE. For purposes of 2,381
this section, a statement that the applicant was rejected solely 2,382
on the basis of information received from a credit reporting 2,383
agency or because the applicant failed to meet the standards 2,384
required by the creditor's credit scoring system, uniformly 2,385
applied, shall constitute a specific reason for rejection. 2,386
55
(g) Fail or refuse after June 30, 1976, to print on or 2,388
firmly attach to each application for credit, in a type size no 2,389
smaller than that used throughout most of the application form, 2,390
the following notice: "The Ohio laws against discrimination 2,391
require that all creditors make credit equally available to all 2,392
credit worthy customers, and that credit reporting agencies 2,393
maintain separate credit histories on each individual upon 2,394
request. The Ohio civil rights commission administers compliance 2,395
with this law." This notice is not required to be included in 2,396
applications that have a multi-state distribution if the notice 2,397
is mailed to the applicant with the notice of acceptance or 2,398
rejection of the application. 2,399
(h) Fail or refuse on the basis of race, color, religion, 2,401
age, sex, marital status, national origin, handicap DISABILITY, 2,402
or ancestry to maintain, upon the request of the individual, a 2,404
separate account for each individual to whom credit is extended; 2,405
(i) Fail or refuse on the basis of race, color, religion, 2,407
age, sex, marital status, national origin, handicap DISABILITY, 2,408
or ancestry to maintain records on any account established after 2,410
November 1, 1976, and to furnish information on the accounts to 2,411
credit reporting agencies in a manner that clearly designates the 2,412
contractual liability for repayment as indicated on the 2,413
application for the account, and, if more than one individual is 2,414
contractually liable for repayment, to maintain records and 2,415
furnish information in the name of each individual. This section 2,416
DIVISION does not apply to individuals who are contractually 2,417
liable only if the primary party defaults on the account. 2,419
(2) For any credit reporting agency to DO ANY OF THE 2,421
FOLLOWING:
(a) Fail or refuse on the basis of race, color, religion, 2,423
age, sex, marital status, national origin, handicap DISABILITY, 2,424
or ancestry to maintain, upon the request of the individual, a 2,426
separate file on each individual about whom information is 2,427
assembled or evaluated; 2,428
56
(b) Fail or refuse on the basis of race, color, religion, 2,430
age, sex, marital status, national origin, handicap DISABILITY, 2,431
or ancestry to clearly note, maintain, and report any information 2,433
furnished it under division (B)(1)(i) of this section. 2,434
(C) This section does not prohibit a creditor from 2,436
requesting the signature of both spouses to create a valid lien, 2,437
pass clear title, or waive inchoate rights to property. 2,438
(D) The rights granted by this section may be enforced by 2,440
aggrieved individuals by filing a civil action in a court of 2,441
common pleas within one hundred eighty days after the alleged 2,442
unlawful act DISCRIMINATORY PRACTICE occurred. Upon application 2,443
by the plaintiff and in such circumstances as THAT the court 2,445
considers just, the court in which a civil action under this 2,447
section is brought may appoint an attorney for the plaintiff and 2,448
may authorize the commencement of a civil action upon proper 2,449
showing without the payment of costs. If the court finds that an 2,450
act UNLAWFUL DISCRIMINATORY PRACTICE prohibited by this section 2,451
occurred or is about to occur, the court may grant such relief as 2,453
THAT it considers appropriate, including a permanent or temporary 2,454
injunction, temporary restraining order, or other order, and may 2,455
award to the plaintiff actual COMPENSATORY and punitive damages 2,456
of not less than one hundred dollars, together with attorney's 2,458
fees and court costs. 2,459
(E) Nothing contained in this section shall bar a creditor 2,461
from reviewing an application for credit on the basis of 2,462
established criteria used in the normal course of business for 2,463
the determination of the credit worthiness of the individual 2,464
applicant for credit, including the credit history of the 2,465
applicant. 2,466
Sec. 4112.022. As used in this section, "educational 2,475
institution" means a state university or college, state-assisted 2,476
institution of higher education, nonprofit educational 2,477
institution described in Chapter 1713. of the Revised Code, or 2,478
institution registered under Chapter 3332. of the Revised Code. 2,479
57
It shall be an unlawful discriminatory practice for any 2,481
educational institution to discriminate against any individual on 2,482
account of any handicap DISABILITY: 2,483
(A) In admission or assignment to any academic program, 2,485
course of study, internship, or class offered by the institution; 2,486
(B) In permitting participation in any activity THAT IS 2,488
sponsored by the institution or that takes place on property 2,489
owned, operated, or controlled by the institution; 2,490
(C) In the awarding of any form of financial aid or other 2,492
benefits available to students; 2,493
(D) In admission or assignment to housing or other 2,495
facilities owned, operated, or controlled by the institution; 2,496
(E) In awarding of grades or granting of certificates, 2,498
diplomas, or degrees offered by the institution. 2,499
Nothing in this section prohibits any educational 2,501
institution from establishing bona fide requirements or standards 2,502
for admission or assignment to academic programs, courses, 2,503
internships, or classes; for permitting participation in 2,504
activities; for awarding of financial aid or other benefits; or 2,505
for the granting of grades, certificates, diplomas, or degrees, 2,506
which requirements or standards may include reasonable 2,507
qualifications for demonstrating necessary skill, aptitude, 2,508
physical capability, intelligence, and previous education. 2,509
Nothing in this section requires any educational 2,511
institution to construct, reconstruct, improve, enlarge, or alter 2,512
any building, facility, or property owned, operated, or 2,513
controlled by the institution, in any manner, for the purpose of 2,514
making the building, facility, or property accessible to the 2,515
handicapped PERSONS WITH A DISABILITY, provided that this section 2,516
does not exempt an educational institution from compliance with 2,518
standards adopted under section 3781.111 of the Revised Code. 2,519
Sec. 4112.04. (A) The commission shall do all of the 2,528
following: 2,529
(1) Establish and maintain a principal office in the city 2,531
58
of Columbus and any other offices within the state that it 2,532
considers necessary; 2,533
(2) Appoint an executive director who shall serve at the 2,535
pleasure of the commission and be its principal administrative 2,536
officer. The executive director shall be paid a salary fixed 2,537
pursuant to Chapter 124. of the Revised Code. 2,538
(3) Appoint hearing examiners and other employees and 2,540
agents who it considers necessary and prescribe their duties 2,541
subject to Chapter 124. of the Revised Code; 2,542
(4) Adopt, promulgate, amend, and rescind rules to 2,544
effectuate the provisions of this chapter and the policies and 2,545
practice of the commission in connection with this chapter.; 2,546
(5) Formulate policies to effectuate the purposes of this 2,548
chapter and make recommendations to agencies and officers of the 2,549
state or political subdivisions to effectuate the policies; 2,550
(6) Receive, investigate, and pass upon written charges 2,552
made under oath of unlawful discriminatory practices; 2,553
(7) Make periodic surveys of the existence and effect of 2,555
discrimination because of race, color, religion, sex, familial 2,556
status, national origin, handicap DISABILITY, age, or ancestry on 2,558
the enjoyment of civil rights by persons within the state; 2,559
(8) Report, from time to time, but not less than once a 2,561
year, to the general assembly and the governor, describing in 2,562
detail the investigations, proceedings, and hearings it has 2,563
conducted and their outcome, the decisions it has rendered, and 2,564
the other work performed by it, which report shall include a copy 2,565
of any surveys prepared pursuant to division (A)(7) of this 2,566
section and shall include the recommendations of the commission 2,567
as to legislative or other remedial action; 2,568
(9) Prepare a comprehensive educational program, in 2,570
cooperation with the department of education, for the students of 2,571
the public schools of this state and for all other residents of 2,572
this state that is designed to eliminate prejudice on the basis 2,573
of race, color, religion, sex, familial status, national origin, 2,574
59
handicap DISABILITY, age, or ancestry in this state, to further 2,575
good will among those groups, and to emphasize the origin of 2,577
prejudice against those groups, its harmful effects, and its 2,578
incompatibility with American principles of equality and fair 2,579
play; 2,580
(10) Receive progress reports from agencies, 2,582
instrumentalities, institutions, boards, commissions, and other 2,583
entities of this state or any of its political subdivisions and 2,584
their agencies, instrumentalities, institutions, boards, 2,585
commissions, and other entities regarding affirmative action 2,586
programs for the employment of persons against whom 2,587
discrimination is prohibited by this chapter, or regarding any 2,588
affirmative housing accommodations programs developed to 2,589
eliminate or reduce an imbalance of race, color, religion, sex, 2,590
familial status, national origin, handicap DISABILITY, or 2,591
ancestry. All agencies, instrumentalities, institutions, boards, 2,593
commissions, and other entities of this state or its political 2,594
subdivisions, and all political subdivisions, that have 2,595
undertaken affirmative action programs pursuant to a conciliation 2,596
agreement with the commission, an executive order of the 2,597
governor, any federal statute or rule, or an executive order of 2,598
the president of the United States shall file progress reports 2,599
with the commission annually on or before the first day of 2,600
November. The commission shall analyze and evaluate the progress 2,601
reports and report its findings annually to the general assembly 2,602
on or before the thirtieth day of January of the year immediately 2,603
following the receipt of the reports. 2,604
(B) The commission may do any of the following: 2,606
(1) Meet and function at any place within the state; 2,608
(2) Initiate and undertake on its own motion 2,610
investigations of problems of employment or housing 2,611
accommodations discrimination; 2,612
(3) Hold hearings, subpoena witnesses, compel their 2,614
attendance, administer oaths, take the testimony of any person 2,615
60
under oath, require the production for examination of any books 2,616
and papers relating to any matter under investigation or in 2,617
question before the commission, and make rules as to the issuance 2,618
of subpoenas by individual commissioners. 2,619
(a) In conducting a hearing or investigation, the 2,621
commission shall have access at all reasonable times to premises, 2,622
records, documents, individuals, and other evidence or possible 2,623
sources of evidence and may examine, record, and copy the 2,624
premises, records, documents, and other evidence or possible 2,625
sources of evidence and take and record the testimony or 2,626
statements of the individuals as reasonably necessary for the 2,627
furtherance of the hearing or investigation. In investigations, 2,628
the commission shall comply with the fourth amendment to the 2,629
United States Constitution relating to unreasonable searches and 2,630
seizures. The commission or a member of the commission may issue 2,631
subpoenas to compel access to or the production of premises, 2,632
records, documents, and other evidence or possible sources of 2,633
evidence or the appearance of individuals, and may issue 2,634
interrogatories to a respondent, to the same extent and subject 2,635
to the same limitations as would apply if the subpoenas or 2,636
interrogatories were issued or served in aid of a civil action in 2,637
a court of common pleas. 2,638
(b) Upon written application by a respondent, the 2,640
commission shall issue subpoenas in its name to the same extent 2,641
and subject to the same limitations as subpoenas issued by the 2,642
commission. Subpoenas issued at the request of a respondent 2,643
shall show on their face the name and address of the respondent 2,644
and shall state that they were issued at his THE RESPONDENT'S 2,645
request. 2,646
(c) Witnesses summoned by subpoena of the commission are 2,648
entitled to the same witness and mileage fees as are witnesses in 2,649
proceedings in a court of common pleas. 2,650
(d) Within five days after service of a subpoena upon any 2,652
person, the person may petition the commission to revoke or 2,653
61
modify the subpoena. The commission shall grant the petition if 2,654
it finds that the subpoena requires an appearance or attendance 2,655
at an unreasonable time or place, that it requires production of 2,656
evidence that does not relate to any matter before the 2,657
commission, that it does not describe with sufficient 2,658
particularity the evidence to be produced, that compliance would 2,659
be unduly onerous, or for other good reason. 2,660
(e) In case of contumacy or refusal to obey a subpoena, 2,662
the commission or person at whose request it was issued may 2,663
petition for its enforcement in the court of common pleas in the 2,664
county in which the person to whom the subpoena was addressed 2,665
resides, was served, or transacts business. 2,666
(4) Create local or statewide advisory agencies and 2,668
conciliation councils to aid in effectuating the purposes of this 2,669
chapter. The commission may itself, or it may empower these 2,670
agencies and councils to, do either or both of the following: 2,671
(a) Study the problems of discrimination in all or 2,673
specific fields of human relationships when based on race, color, 2,674
religion, sex, familial status, national origin, handicap 2,675
DISABILITY, age, or ancestry; 2,677
(b) Foster through community effort, or otherwise, good 2,679
will among the groups and elements of the population of the 2,680
state. 2,681
The agencies and councils may make recommendations to the 2,683
commission for the development of policies and procedures in 2,684
general. They shall be composed of representative citizens who 2,685
shall serve without pay, except that reimbursement for actual and 2,686
necessary traveling expenses shall be made to citizens who serve 2,687
on a statewide agency or council. 2,688
(5) Issue any publications and the results of 2,690
investigations and research that in its judgment will tend to 2,691
promote good will and minimize or eliminate discrimination 2,692
because of race, color, religion, sex, familial status, national 2,693
origin, handicap DISABILITY, age, or ancestry. 2,694
62
Sec. 4112.05. (A) The commission, as provided in this 2,703
section, shall prevent any person from engaging in unlawful 2,704
discriminatory practices, provided that, before instituting the 2,705
formal hearing authorized by division (B) of this section, it 2,706
shall attempt, by informal methods of conference, conciliation, 2,707
and persuasion, to induce compliance with this chapter. 2,708
(B)(1) Any person may file a charge with the commission 2,710
alleging that another person has engaged or is engaging in an 2,711
unlawful discriminatory practice. In the case of a charge 2,712
alleging an unlawful discriminatory practice described in 2,713
division (A), (B), (C), (D), (E), (F), (G), (I), or (J) of 2,714
section 4112.02 or in section 4112.021 or 4112.022 of the Revised 2,715
Code, the charge shall be in writing and under oath and shall be 2,716
filed with the commission within six months after the alleged 2,717
unlawful discriminatory practice was committed. In the case of a 2,718
charge alleging an unlawful discriminatory practice described in 2,719
division (H) of section 4112.02 of the Revised Code, the charge 2,720
shall be in writing and under oath and shall be filed with the 2,721
commission within one year after the alleged unlawful 2,722
discriminatory practice was committed. 2,723
(2) Upon receiving a charge, the commission may initiate a 2,725
preliminary investigation to determine whether it is probable 2,726
that an unlawful discriminatory practice has been or is being 2,727
engaged in. The commission also may conduct, upon its own 2,728
initiative and independent of the filing of any charges, a 2,729
preliminary investigation relating to any of the unlawful 2,730
discriminatory practices described in division (A), (B), (C), 2,731
(D), (E), (F), (I), or (J) of section 4112.02 or in section 2,732
4112.021 or 4112.022 of the Revised Code. Prior to a 2,733
notification of a complainant under division (B)(4) of this 2,734
section or prior to the commencement of informal methods of 2,735
conference, conciliation, and persuasion under that division, the 2,736
members of the commission and the officers and employees of the 2,737
commission shall not make public in any manner and shall retain 2,738
63
as confidential all information that was obtained as a result of 2,739
or that otherwise pertains to a preliminary investigation other 2,740
than one described in division (B)(3) of this section. 2,741
(3)(a) Unless it is impracticable to do so and subject to 2,743
its authority under division (B)(3)(d) of this section, the 2,744
commission shall complete a preliminary investigation of a charge 2,745
filed pursuant to division (B)(1) of this section that alleges an 2,746
unlawful discriminatory practice described in division (H) of 2,747
section 4112.02 of the Revised Code, and shall take one of the 2,748
following actions, within one hundred days after the filing of 2,749
the charge: 2,750
(i) Notify the complainant and the respondent that it is 2,752
not probable that an unlawful discriminatory practice described 2,753
in division (H) of section 4112.02 of the Revised Code has been 2,754
or is being engaged in and that the commission will not issue a 2,755
complaint in the matter; 2,756
(ii) Initiate a complaint and schedule it for informal 2,758
methods of conference, conciliation, and persuasion; 2,759
(iii) Initiate a complaint and refer it to the attorney 2,761
general with a recommendation to seek a temporary or permanent 2,762
injunction or a temporary restraining order. If this action is 2,763
taken, the attorney general shall apply, as expeditiously as 2,764
possible after receipt of the complaint, to the court of common 2,765
pleas of the county in which the unlawful discriminatory practice 2,766
allegedly occurred for the appropriate injunction or order, and 2,767
the court shall hear and determine the application as 2,768
expeditiously as possible. 2,769
(b) If it is not practicable to comply with the 2,771
requirements of division (B)(3)(a) of this section within the 2,772
one-hundred-day period described in that division, the commission 2,773
shall notify the complainant and the respondent in writing of the 2,774
reasons for the noncompliance. 2,775
(c) Prior to the issuance of a complaint under division 2,777
(B)(3)(a)(ii) or (iii) of this section or prior to a notification 2,778
64
of the complainant and the respondent under division (B)(3)(a)(i) 2,779
of this section, the members of the commission and the officers 2,780
and employees of the commission shall not make public in any 2,781
manner and shall retain as confidential all information that was 2,782
obtained as a result of or that otherwise pertains to a 2,783
preliminary investigation of a charge filed pursuant to division 2,784
(B)(1) of this section that alleges an unlawful discriminatory 2,785
practice described in division (H) of section 4112.05 of the 2,786
Revised Code. 2,787
(d) Notwithstanding the types of action described in 2,789
divisions (B)(3)(a)(ii) and (iii) of this section, prior to the 2,790
issuance of a complaint or the referral of a complaint to the 2,791
attorney general and prior to endeavoring to eliminate an 2,792
unlawful discriminatory practice described in division (H) of 2,793
section 4112.02 of the Revised Code by informal methods of 2,794
conference, conciliation, and persuasion, the commission may seek 2,795
a temporary or permanent injunction or a temporary restraining 2,796
order in the court of common pleas of the county in which the 2,797
unlawful discriminatory practice allegedly occurred. 2,798
(4) If the commission determines after a preliminary 2,800
investigation other than one described in division (B)(3) of this 2,801
section that it is not probable that an unlawful discriminatory 2,802
practice has been or is being engaged in, it shall notify any 2,803
complainant under division (B)(1) of this section that it has so 2,804
determined and that it will not issue a complaint in the matter. 2,805
If the commission determines after a preliminary investigation 2,806
other than the one described in division (B)(3) of this section 2,807
that it is probable that an unlawful discriminatory practice has 2,808
been or is being engaged in, it shall endeavor to eliminate the 2,809
practice by informal methods of conference, conciliation, and 2,810
persuasion. 2,811
(5) Nothing said or done during informal methods of 2,813
conference, conciliation, and persuasion under this section shall 2,814
be disclosed by any member of the commission or its staff or be 2,815
65
used as evidence in any subsequent hearing or other proceeding. 2,816
If, after a preliminary investigation and the use of informal 2,817
methods of conference, conciliation, and persuasion under this 2,818
section, the commission is satisfied that any unlawful 2,819
discriminatory practice will be eliminated, it may treat the 2,820
charge involved as being conciliated and enter that disposition 2,821
on the records of the commission. If the commission fails to 2,822
effect the elimination of an unlawful discriminatory practice by 2,823
informal methods of conference, conciliation, and persuasion 2,824
under this section and to obtain voluntary compliance with this 2,825
chapter, the commission shall issue and cause to be served upon 2,826
any person, including the respondent against whom a complainant 2,827
has filed a charge pursuant to division (B)(1) of this section, a 2,828
complaint stating the charges involved and containing a notice of 2,829
an opportunity for a hearing before the commission, a member of 2,830
the commission, or a hearing examiner at a place that is stated 2,831
in the notice and that is located within the county in which the 2,832
alleged unlawful discriminatory practice has occurred or is 2,833
occurring or in which the respondent resides or transacts 2,834
business. The hearing shall be held not less than thirty days 2,835
after the service of the complaint upon the complainant, the 2,836
aggrieved persons other than the complainant on whose behalf the 2,837
complaint is issued, and the respondent, unless the complainant, 2,838
an aggrieved person, or the respondent elects to proceed under 2,839
division (A)(2) of section 4112.051 of the Revised Code when that 2,840
division is applicable. If a complaint pertains to an alleged 2,841
unlawful discriminatory practice described in division (H) of 2,842
section 4112.02 of the Revised Code, the complaint shall notify 2,843
the complainant, an aggrieved person, and the respondent of the 2,844
right of the complainant, an aggrieved person, or the respondent 2,845
to elect to proceed with the administrative hearing process under 2,846
this section or to proceed under division (A)(2) of section 2,847
4112.051 of the Revised Code. 2,848
(6) The attorney general shall represent the commission at 2,850
66
any hearing held pursuant to division (B)(5) of this section and 2,851
shall present the evidence in support of the complaint. 2,852
(7) Any complaint issued pursuant to division (B)(5) of 2,854
this section after the filing of a charge under division (B)(1) 2,855
of this section shall be so issued within one year after the 2,856
complainant filed the charge with respect to an alleged unlawful 2,857
discriminatory practice. 2,858
(C) Any complaint issued pursuant to division (B) of this 2,860
section may be amended by the commission, a member of the 2,861
commission, or the hearing examiner conducting a hearing under 2,862
division (B) of this section, at any time prior to or during the 2,863
hearing. The respondent has the right to file an answer or an 2,864
amended answer to the original and amended complaints and to 2,865
appear at the hearing in person, by attorney, or otherwise to 2,866
examine and cross-examine witnesses. 2,867
(D) The complainant shall be a party to a hearing under 2,869
division (B) of this section, and any person who is an 2,870
indispensable party to a complete determination or settlement of 2,871
a question involved in the hearing shall be joined. Any person 2,872
who has or claims an interest in the subject of the hearing and 2,873
in obtaining or preventing relief against the unlawful 2,874
discriminatory practices complained of may be permitted, in the 2,875
discretion of the person or persons conducting the hearing, to 2,876
appear for the presentation of oral or written arguments. 2,877
(E) In any hearing under division (B) of this section, the 2,879
commission, a member of the commission, or the hearing examiner 2,880
shall not be bound by the Rules of Evidence but, in ascertaining 2,881
the practices followed by the respondent, shall take into account 2,882
all reliable, probative, and substantial statistical or other 2,883
evidence produced at the hearing that may tend to prove the 2,884
existence of a predetermined pattern of employment or membership, 2,885
provided that nothing contained in this section shall be 2,886
construed to authorize or require any person to observe the 2,887
proportion that persons of any race, color, religion, sex, 2,888
67
familial status, national origin, handicap DISABILITY, age, or 2,889
ancestry bear to the total population or in accordance with any 2,891
criterion other than the individual qualifications of the 2,892
applicant.
(F) The testimony taken at a hearing under division (B) of 2,894
this section shall be under oath and shall be reduced to writing 2,895
and filed with the commission. Thereafter, in its discretion, 2,896
the commission, upon the service of a notice upon the complainant 2,897
and the respondent that indicates an opportunity to be present, 2,898
may take further testimony or hear argument. 2,899
(G)(1) If, upon all reliable, probative, and substantial 2,901
evidence presented at a hearing under division (B) of this 2,902
section, the commission determines that the respondent has 2,903
engaged in, or is engaging in, any unlawful discriminatory 2,904
practice, whether against the complainant or others, the 2,905
commission shall state its findings of fact and conclusions of 2,906
law and shall issue and, subject to the provisions of Chapter 2,907
119. of the Revised Code, cause to be served on the respondent an 2,908
order requiring the respondent to cease and desist from the 2,909
unlawful discriminatory practice, requiring the respondent to 2,910
take any further affirmative or other action that will effectuate 2,911
the purposes of this chapter, including, but not limited to, 2,912
hiring, reinstatement, or upgrading of employees with or without 2,913
back pay, or admission or restoration to union membership, and 2,914
requiring the respondent to report to the commission the manner 2,915
of compliance. If the commission directs payment of back pay, it 2,916
shall make allowance for interim earnings. If it finds a 2,917
violation of division (H) of section 4112.02 of the Revised Code, 2,918
the commission additionally shall require the respondent to pay 2,919
actual damages and reasonable attorney's fees, and may award to 2,920
the complainant punitive damages as follows: 2,921
(a) If division (G)(1)(b) or (c) of this section does not 2,923
apply, punitive damages in an amount not to exceed ten thousand 2,924
dollars; 2,925
68
(b) If division (G)(1)(c) of this section does not apply 2,927
and if the respondent has been determined by a final order of the 2,928
commission or by a final judgment of a court to have committed 2,929
one violation of division (H) of section 4112.02 of the Revised 2,930
Code during the five-year period immediately preceding the date 2,931
on which a complaint was issued pursuant to division (B) of this 2,932
section, punitive damages in an amount not to exceed twenty-five 2,933
thousand dollars; 2,934
(c) If the respondent has been determined by a final order 2,936
of the commission or by a final judgment of a court to have 2,937
committed two or more violations of division (H) of section 2,938
4112.02 of the Revised Code during the seven-year period 2,939
immediately preceding the date on which a complaint was issued 2,940
pursuant to division (B) of this section, punitive damages in an 2,941
amount not to exceed fifty thousand dollars. 2,942
(2) Upon the submission of reports of compliance, the 2,944
commission may issue a declaratory order stating that the 2,945
respondent has ceased to engage in particular unlawful 2,946
discriminatory practices. 2,947
(H) If the commission finds that no probable cause exists 2,949
for crediting charges of unlawful discriminatory practices or if, 2,950
upon all the evidence presented at a hearing under division (B) 2,951
of this section on a charge, the commission finds that a 2,952
respondent has not engaged in any unlawful discriminatory 2,953
practice against the complainant or others, it shall state its 2,954
findings of fact and shall issue and cause to be served on the 2,955
complainant an order dismissing the complaint as to the 2,956
respondent. A copy of the order shall be delivered in all cases 2,957
to the attorney general and any other public officers whom the 2,958
commission considers proper. 2,959
(I) Until the time period for appeal set forth in division 2,961
(H) of section 4112.06 of the Revised Code expires, the 2,962
commission, subject to the provisions of Chapter 119. of the 2,963
Revised Code, at any time, upon reasonable notice, and in the 2,964
69
manner it considers proper, may modify or set aside, in whole or 2,965
in part, any finding or order made by it under this section. 2,966
Sec. 4112.08. This chapter shall be construed liberally 2,975
for the accomplishment of its purposes, and any law inconsistent 2,976
with any provision of this chapter shall not apply. Nothing 2,977
contained in this chapter shall be considered to repeal any of 2,978
the provisions of any law of this state relating to 2,979
discrimination because of race, color, religion, sex, familial 2,980
status, handicap DISABILITY, national origin, age, or ancestry, 2,981
except that any person filing a charge under division (B)(1) of 2,983
section 4112.05 of the Revised Code is, with respect to the 2,984
unlawful discriminatory practices complained of, IS barred from 2,985
instituting a civil action under section 4112.14 or division (N) 2,986
of section 4112.02 of the Revised Code. 2,987
Sec. 4117.19. (A) Every employee organization that is 2,996
certified or recognized as a representative of public employees 2,997
under Chapter 4117. of the Revised Code shall file with the state 2,998
employment relations board a registration report, THAT IS signed 2,999
by its president or other appropriate officer. The report shall 3,001
be in a form prescribed by the board and accompanied by two 3,002
copies of the employee organization's constitution and bylaws. 3,003
The board shall accept a filing by a statewide, national, or 3,004
international employee organization of its constitution and 3,005
bylaws in lieu of a filing of such THE documents by each 3,006
subordinate organization. The exclusive representative or other 3,008
employee organization originally filing its constitution and 3,009
bylaws shall report, promptly, to the board all changes or 3,010
amendments to its constitution and bylaws. 3,011
(B) Every employee organization shall file with the board 3,013
an annual report. The report shall be in a form prescribed by 3,014
the board, and shall contain the following information: 3,015
(1) The names and addresses of the organization, any 3,017
parent organization or organizations with which it is affiliated, 3,018
and all organizationwide officers; 3,019
70
(2) The name and address of its local agent for service of 3,021
process; 3,022
(3) A general description of the public employees the 3,024
organization represents or seeks to represent; 3,025
(4) The amounts of the initiation fee and monthly dues 3,027
members must pay; 3,028
(5) A pledge, in a form prescribed by the board, that the 3,030
organization will comply with the laws of the state and that it 3,031
will accept members without regard to age, race, color, sex, 3,032
creed, religion, ancestry, national origin, handicap DISABILITY 3,033
AS DEFINED IN SECTION 4112.01 OF THE REVISED CODE, or physical 3,034
disability as provided by law; 3,035
(6) A financial report. 3,037
(C) The constitution or bylaws of every employee 3,039
organization shall DO ALL OF THE FOLLOWING: 3,040
(1) Require that the organization keep accurate accounts 3,042
of all income and expenses, prepare an annual financial report, 3,043
keep open for inspection by any member of the organization its 3,044
accounts, and make loans to officers and agents only on terms and 3,045
conditions available to all members; 3,046
(2) Prohibit business or financial interests of its 3,048
officers and agents, their spouses, minor children, parents, or 3,049
otherwise, in conflict with the fiduciary obligation of such 3,050
persons to the organization; 3,051
(3) When specifically requested by the board, require 3,053
every official who is designated as a fiscal officer of an 3,054
employee organization and who is responsible for funds or other 3,055
property of the organization or trust in which an organization is 3,056
interested, or a subsidiary organization be bonded with the 3,057
amount, scope, and form of the bond determined by the board; 3,058
(4) Require periodic elections of officers by secret 3,060
ballot subject to recognized safeguards concerning the equal 3,061
right of all members to nominate, seek office, and vote in the 3,062
elections, the right of individual members to participate in the 3,063
71
affairs of the organization, and fair and equitable procedures in 3,064
disciplinary actions. 3,065
(D) The board shall prescribe rules necessary to govern 3,067
the establishment and reporting of trusteeships over employee 3,068
organizations. The establishment of trusteeships is permissible 3,069
only if the constitution or bylaws of the organization set forth 3,070
reasonable procedures. 3,071
(E) The board may withhold certification of an employee 3,073
organization that willfully refuses to register or file an annual 3,074
report, or that willfully refuses to comply with other provisions 3,075
of this section. The board may revoke a certification of an 3,076
employee organization for willfully failing to comply with this 3,077
section. The board may enforce the prohibitions contained in 3,078
this section by petitioning the court of common pleas of the 3,079
county in which the violation occurs for an injunction. Persons 3,080
complaining of A violation of this section shall file the 3,081
complaint with the board. 3,082
(F) Upon the written request to the board of any member of 3,084
a certified employee organization and where the board determines 3,085
the necessity for an audit, the board may require the employee 3,086
organization to provide a certified audit of its financial 3,087
records. 3,088
(G) Any employee organization subject to the 3,090
"Labor-Management Reporting and Disclosure Act of 1959," 73 Stat. 3,091
519, 29 U.S.C.A., 401, as amended, may file copies with the board 3,092
of all reports it is required to file under that act in lieu of 3,093
compliance with all parts of this section other than division (A) 3,094
of this section. The board shall accept a filing by a statewide, 3,095
national, or international employee organization of its reports 3,096
in lieu of a filing of such reports by each subordinate 3,097
organization. 3,098
Sec. 4735.16. (A) Every real estate broker licensed under 3,107
this chapter shall have and maintain a definite place of business 3,108
in this state and shall erect or maintain a sign on the premises 3,109
72
plainly stating that the licensee is a real estate broker. If 3,110
the real estate broker maintains one or more branch offices, he 3,111
THE REAL ESTATE BROKER shall erect or maintain a sign at each 3,112
branch office plainly stating that the licensee is a real estate 3,113
broker.
(B) Any licensed real estate broker or salesman 3,115
SALESPERSON who advertises to buy, sell, exchange, or lease real 3,116
estate, including, but not limited to, any licensed real estate 3,117
broker or salesman SALESPERSON who advertises to sell, exchange, 3,118
or lease real estate that he THE LICENSEE owns, shall be 3,120
identified in the advertisement by name and by indicating that he 3,122
THE LICENSEE is a real estate broker or real estate salesman 3,124
SALESPERSON. Except a real estate salesman SALESPERSON who 3,125
advertises the sale, exchange, or lease of real estate that he 3,126
THE SALESPERSON owns and that is not listed for sale, exchange, 3,127
or lease with a real estate broker, any real estate salesman 3,128
SALESPERSON who advertises, as provided in this section, also 3,130
shall indicate in his THE advertisement the name of the broker 3,132
under whom he THE SALESPERSON is licensed and the fact that his 3,133
THE SALESPERSON'S broker is a real estate broker. The name of 3,134
the broker shall be displayed in equal prominence with the name 3,135
of the salesman SALESPERSON in the advertisement. 3,136
Any real estate broker or real estate salesman SALESPERSON 3,138
who advertises in a manner other than as provided in this section 3,139
is guilty of violating division (A)(21) of section 4735.18 of the 3,140
Revised Code. 3,141
(C) A real estate broker or salesman SALESPERSON obtaining 3,143
the signature of a party to a listing or other agreement involved 3,144
in a real estate transaction shall furnish a copy of the listing 3,145
or other agreement to the party immediately after obtaining his 3,146
THE PARTY'S signature. Every broker's office shall prominently 3,147
display in the same immediate area as licenses are displayed a 3,148
statement that it is illegal to discriminate against any person 3,149
because of race, color, religion, sex, familial status, as 3,150
73
defined in section 4112.01 of the Revised Code, national origin, 3,151
handicap, DISABILITY as defined in that section, or ancestry in 3,153
the sale or rental of housing or residential lots, in advertising 3,154
the sale or rental of housing, in the financing of housing, or in 3,155
the provision of real estate brokerage services, and that 3,156
blockbusting also is illegal. The statement shall bear the United 3,157
States department of housing and urban development equal housing 3,158
logo and also, shall contain the information that the broker and 3,159
his salesmen THE BROKER'S SALESPERSONS are licensed by the 3,160
division of real estate and that the division can assist with any 3,161
consumer complaints or inquiries, and shall explain the 3,162
provisions of section 4735.12 of the Revised Code. The statement 3,163
shall provide the division's address and telephone number. The 3,164
Ohio real estate commission shall provide by rule for the wording 3,165
and size of the statement. The pamphlet required under section 3,166
4735.03 of the Revised Code shall contain the same statement that 3,167
is required on the statement displayed as provided in this 3,168
section and shall be made available by real estate brokers and 3,169
salesmen SALESPERSONS to their clients. The commission shall 3,170
provide the wording and size of the pamphlet. 3,171
Sec. 4735.55. (A) Each written agency agreement shall 3,180
contain all of the following: 3,181
(1) An expiration date; 3,183
(2) A statement that it is illegal, pursuant to the Ohio 3,185
fair housing law, division (H) of section 4112.02 of the Revised 3,186
Code, and the federal fair housing law, 42 U.S.C.A. 3601, to 3,188
refuse to sell, transfer, assign, rent, lease, sublease, or 3,190
finance housing accommodations, refuse to negotiate for the sale 3,191
or rental of housing accommodations, or otherwise deny or make 3,192
unavailable housing accommodations because of race, color, 3,193
religion, sex, familial status AS DEFINED IN SECTION 4112.01 OF 3,194
THE REVISED CODE, ancestry, handicap DISABILITY AS DEFINED IN
THAT SECTION, or national origin; or to so discriminate in 3,196
advertising the sale or rental of housing, in the financing of 3,197
74
housing, or in the provision of real estate brokerage services; 3,198
(3) A statement defining the practice known as 3,200
"blockbusting" and stating that it is illegal; 3,201
(4) A copy of the United States department of housing and 3,203
urban development equal housing opportunity logotype, as set 3,204
forth in 24 C.F.R. 109.30.
(B) Each written agency agreement shall contain a place 3,206
for the licensee and the client to sign and date the agreement. 3,207
(C) A licensee shall furnish a copy of any written agency 3,210
agreement to a client in a timely manner after the licensee and 3,211
the client have signed and dated it.
Sec. 4757.07. The counselor and social worker board and 3,220
its professional standards committees shall not discriminate 3,221
against any licensee, registrant, or applicant for a license or 3,222
certificate of registration under this chapter because of the 3,223
person's race, color, religion, sex, national origin, handicap 3,224
DISABILITY AS DEFINED IN SECTION 4112.01 OF THE REVISED CODE, or 3,225
age. The board or committee, as appropriate, shall afford a 3,226
hearing to any person who files with the board or committee a
statement alleging discrimination based on any of those reasons. 3,227
Sec. 5119.61. Any provision in this chapter that refers to 3,236
a board of alcohol, drug addiction, and mental health services 3,237
also refers to the community mental health board in an alcohol, 3,238
drug addiction, and mental health service district that has a 3,239
community mental health board. 3,240
The director of mental health with respect to all 3,242
facilities and programs established and operated under Chapter 3,243
340. of the Revised Code for mentally ill and emotionally 3,244
disturbed persons, shall DO ALL OF THE FOLLOWING: 3,245
(A) Make such rules pursuant to Chapter 119. of the 3,247
Revised Code as THAT may be necessary to carry out the purposes 3,248
of Chapter 340. and sections 5119.61 to 5119.63 of the Revised 3,250
Code;
(B) Adopt rules requiring each public or private agency 3,252
75
providing mental health services or facilities under a contract 3,253
with a board of alcohol, drug addiction, and mental health 3,254
services and any program operated by such a board to have a 3,255
written policy that addresses the rights of clients including ALL 3,256
OF THE FOLLOWING: 3,257
(1) The right to a copy of the agency's policy of client 3,259
rights; 3,260
(2) The right at all times to be treated with 3,262
consideration and respect for his THE CLIENT'S privacy and 3,263
dignity; 3,264
(3) The right to have access to his THE CLIENT'S own 3,266
psychiatric, medical, or other treatment records unless access is 3,267
specifically restricted in the client's treatment plan for clear 3,268
treatment reasons; 3,269
(4) The right to have a client rights officer provided by 3,271
the board or agency advise him THE CLIENT of his THE CLIENT'S 3,273
rights, including his THE CLIENT'S rights under Chapter 5122. of 3,274
the Revised Code if he THE CLIENT is committed to the board or 3,275
agency.
(C) Require each board of alcohol, drug addiction, and 3,277
mental health services to ensure that each contract agency 3,278
establishes grievance procedures available to all recipients of 3,279
services or applicants for services; 3,280
(D) Define minimum standards for qualifications of 3,282
personnel, professional services, and mental health 3,284
professionals, as that term is defined in section 340.02 of the
Revised Code; 3,285
(E) Review and evaluate, and, taking into account the 3,287
findings and recommendations of the board of alcohol, drug 3,288
addiction, and mental health services of the district served by 3,289
the program and the requirements and priorities of the state 3,290
mental health plan, including the needs of residents of the 3,291
district now residing in state mental institutions, approve and 3,292
allocate funds to support community programs, and make 3,293
76
recommendations for needed improvements to boards of alcohol, 3,294
drug addiction, and mental health services; 3,295
(F) Withhold state and federal funds for any program, in 3,297
whole or in part, from a board of alcohol, drug addiction, and 3,298
mental health services in the event of failure of that program to 3,299
comply with Chapter 340. or section 5119.61 or 5119.62 of the 3,300
Revised Code or rules of the department of mental health. The 3,301
director shall identify the areas of noncompliance and the action 3,302
necessary to achieve compliance. The director shall offer 3,303
technical assistance to the board to achieve compliance. The 3,304
director shall give the board a reasonable time within which to 3,305
comply or to present its position that it is in compliance. 3,306
Before withholding funds, a hearing shall be conducted to 3,307
determine if there are continuing violations and that either 3,308
assistance is rejected or the board is unable to achieve 3,309
compliance. Subsequent to the hearing process, if it is 3,310
determined that compliance has not been achieved, the director 3,311
may allocate all or part of the withheld funds to a public or 3,312
private agency, to provide the services not in compliance, until 3,313
such THE time as THAT there is compliance. The director shall 3,315
establish rules pursuant to Chapter 119. of the Revised Code to 3,316
implement this division. 3,317
(G) Withhold state or federal funds from a board of 3,319
alcohol, drug addiction, and mental health services that denies 3,320
available service on the basis of religion, race, color, creed, 3,321
sex, national origin, age, physical or mental handicap DISABILITY 3,322
AS DEFINED IN SECTION 4112.01 OF THE REVISED CODE, developmental 3,324
disability, or the inability to pay;
(H) Provide consultative services to community mental 3,326
health programs, with the knowledge and cooperation of the board 3,327
of alcohol, drug addiction, and mental health services; 3,328
(I) Provide to boards of alcohol, drug addiction, and 3,330
mental health services state or federal funds, in addition to 3,331
those allocated under section 5119.62 of the Revised Code, for 3,332
77
special programs or projects the director considers necessary, 3,333
but for which local funds are not available; 3,334
(J) Establish criteria by which a board of alcohol, drug 3,336
addiction, and mental health services reviews and evaluates the 3,337
quality, effectiveness, and efficiency of services provided 3,338
through its community mental health plan. The department shall 3,339
assess a board's evaluation of services and the compliance of 3,340
each board with this section, Chapter 340., or section 5119.62 of 3,341
the Revised Code, and other state or federal law and regulations. 3,342
The department, in cooperation with the board, periodically shall 3,343
review and evaluate the quality, effectiveness, and efficiency of 3,344
services provided through each board. The department shall 3,345
collect such information as THAT is necessary to perform these 3,347
functions. 3,348
(K) Develop and operate a community mental health 3,350
information system. 3,351
Boards of alcohol, drug abuse, and mental health services 3,353
shall submit information requested by the department in the form 3,354
and manner prescribed by the department. Information collected 3,355
by the department shall include, but not be limited to, ALL OF 3,357
THE FOLLOWING:
(1) Information regarding units of services provided in 3,359
whole or in part under contract with a board, including diagnosis 3,360
and special needs, demographic information, the number of units 3,361
of service provided, past treatment, financial status, and 3,362
service dates in accordance with rules adopted by the department 3,363
in accordance with Chapter 119. of the Revised Code; 3,364
(2) Financial information other than price or 3,366
price-related data regarding expenditures of boards and community 3,367
mental health agencies, including units of service provided, 3,368
budgeted and actual expenses by type, and sources of funds. 3,369
Boards shall submit the information specified in division 3,371
(K)(1) of this section no less frequently than annually for each 3,372
client, and each time the client's case is opened or closed. The 3,373
78
department shall not collect any information for the purpose of 3,374
identifying by name any person who receives a service through a 3,375
board of alcohol, drug addiction, and mental health services, 3,376
except as required by state or federal law to validate 3,377
appropriate reimbursement. For the purposes of division (K)(1) 3,378
of this section, the department shall use an identification 3,379
system that is consistent with applicable nationally recognized 3,380
standards. 3,381
(L) Review each board's plan submitted pursuant to section 3,383
340.03 of the Revised Code and approve or disapprove it in whole 3,384
or in part. Periodically, in consultation with representatives 3,385
of boards and after considering the recommendations of the 3,386
medical director, the director shall issue criteria for 3,387
determining when a plan is complete, criteria for plan approval 3,388
or disapproval, and provisions for conditional approval. The 3,389
factors that the director considers may include, but are not 3,390
limited to, the following: 3,391
(1) The mental health needs of all persons residing within 3,393
the board's service district, especially severely mentally 3,394
disabled children, adolescents, and adults; 3,395
(2) The demonstrated quality, effectiveness, efficiency, 3,397
and cultural relevance of the services provided in each service 3,398
district, the extent to which any services are duplicative of 3,399
other available services, and whether the services meet the needs 3,400
identified above; 3,401
(3) The adequacy of the board's accounting for the 3,403
expenditure of funds. 3,404
If the director disapproves all or part of any plan, he THE 3,406
DIRECTOR shall provide the board an opportunity to present its 3,407
position. The director shall inform the board of the reasons for 3,408
the disapproval and of the criteria that must be met before the 3,409
plan may be approved. The director shall give the board a 3,410
reasonable time within which to meet the criteria, and shall 3,411
offer technical assistance to the board to help it meet the 3,412
79
criteria.
If the approval of a plan remains in dispute thirty days 3,414
prior to the conclusion of the fiscal year in which the board's 3,415
current plan is scheduled to expire, the board or the director 3,416
may request that the dispute be submitted to a mutually agreed 3,417
upon third-party mediator with the cost to be shared by the board 3,418
and the department. The mediator shall issue to the board and 3,419
the department recommendations for resolution of the dispute. 3,420
Prior to the conclusion of the fiscal year in which the current 3,421
plan is scheduled to expire, the director, taking into 3,422
consideration the recommendations of the mediator, shall make a 3,423
final determination and approve or disapprove the plan, in whole 3,424
or in part. 3,425
(M) Visit and evaluate any community mental health 3,427
program, agency, or facility, in cooperation with a board of 3,428
alcohol, drug addiction, and mental health services, to determine 3,429
if the services meet minimum standards pursuant to division (G) 3,430
of section 5119.01 of the Revised Code. If the director 3,431
determines that the services meet minimum standards, he THE 3,432
DIRECTOR shall so certify. 3,433
If the director determines that the services of any 3,435
program, agency, or facility that has a contract with a board do 3,436
not meet minimum standards, he THE DIRECTOR shall identify the 3,437
areas of noncompliance, specify what action is necessary to meet 3,439
the standards, and offer technical assistance to the board so 3,440
that it may assist the program, agency, or facility to meet 3,441
minimum standards. The director shall give the board a 3,442
reasonable time within which to demonstrate that the services 3,443
meet minimum standards or to bring the program or facility into 3,444
compliance with the standards. If the director concludes that 3,445
the services continue to fail to meet minimum standards, the 3,446
director may request that the board reallocate the funds for 3,447
those services to another program, agency, or facility which 3,448
meets minimum standards. If the board does not reallocate those 3,449
80
funds in a reasonable period of time, the director may withhold 3,450
state and federal funds for the services and allocate those funds 3,451
directly to a public or private agency that meets minimum 3,452
standards.
Each program, agency, and facility shall pay a fee for the 3,454
certification review required by this division. Fees shall be 3,455
paid into the sale of goods and services fund created pursuant to 3,456
section 5119.161 of the Revised Code. 3,457
The director shall adopt rules under Chapter 119. of the 3,459
Revised Code to implement this division. The rules shall do all 3,460
of the following: 3,461
(1) Establish the process for certification of services of 3,463
programs, agencies, or facilities; 3,464
(2) Set the amount of certification review fees based on a 3,466
portion of the cost of performing the review; 3,467
(3) Specify the type of notice and hearing to be provided 3,469
prior to a decision whether to reallocate funds. 3,470
Sec. 5123.351. The director of mental retardation and 3,479
developmental disabilities, with respect to the eligibility for 3,480
state reimbursement of expenses incurred by facilities and 3,481
programs established and operated under Chapter 5126. of the 3,482
Revised Code for mentally retarded and developmentally disabled 3,483
persons, shall DO ALL OF THE FOLLOWING: 3,484
(A) Make such rules as THAT may be necessary to carry out 3,487
the purposes of Chapter 5126. and sections 5123.35, 5123.351, and 3,488
5123.36 of the Revised Code; 3,489
(B) Define minimum standards for qualifications of 3,491
personnel, professional services, and in-service training and 3,492
educational leave programs; 3,493
(C) Review and evaluate community programs and make 3,495
recommendations for needed improvements to county boards of 3,496
mental retardation and developmental disabilities and to program 3,497
directors; 3,498
(D) Withhold state reimbursement, in whole or in part, 3,500
81
from any county or combination of counties for failure to comply 3,501
with Chapter 5126. or section 5123.35 or 5123.351 of the Revised 3,502
Code or rules of the department of mental retardation and 3,503
developmental disabilities; 3,504
(E) Withhold state funds from an agency, corporation, or 3,506
association denying or rendering service on the basis of race, 3,507
color, sex, religion, ancestry, national origin, handicap 3,508
DISABILITY AS DEFINED IN SECTION 4112.01 OF THE REVISED CODE, or 3,509
inability to pay; 3,510
(F) Provide consultative staff service to communities to 3,512
assist in ascertaining needs and in planning and establishing 3,513
programs. 3,514
Section 2. That existing sections 124.93, 125.111, 153.59, 3,516
175.05, 175.06, 176.04, 176.06, 306.43, 717.01, 1501.012, 3,517
2927.03, 3781.111, 4112.01, 4112.02, 4112.021, 4112.022, 4112.04, 3,519
4112.05, 4112.08, 4117.19, 4735.16, 4735.55, 4757.07, 5119.61, 3,520
and 5123.351 of the Revised Code are hereby repealed.