As Reported by House State Government Committee 1
123rd General Assembly 4
Regular Session H. B. No. 495 5
1999-2000 6
REPRESENTATIVE TERWILLEGER 8
_________________________________________________________________ 9
A B I L L
To amend sections 101.53, 153.571, 317.113, 317.24, 11
981.02, 1311.56, 2715.041, 2737.05, 2935.17, 12
2935.18, 2935.19, 2941.06, 3113.215, 3501.31, 13
3509.04, 3513.07, 3513.261, 3769.04, 4561.25,
4703.10, 5309.15, 5721.15, 5721.181, 5721.191, 14
5901.29, 5907.08, 5919.10, 5920.08, 5921.05, 15
6101.84, and 6115.79 of the Revised Code to 16
require the Legislative Service Commission to 17
direct by rule how insertion of new matter and 18
omission of old matter is to be indicated in
bills, to eliminate references to "19__" dates 20
found in various statutory forms to permit their 21
accurate use in the year 2000 and the future, and
to declare an emergency. 22
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 24
Section 1. That sections 101.53, 153.571, 317.113, 317.24, 26
981.02, 1311.56, 2715.041, 2737.05, 2935.17, 2935.18, 2935.19, 27
2941.06, 3113.215, 3501.31, 3509.04, 3513.07, 3513.261, 3769.04, 28
4561.25, 4703.10, 5309.15, 5721.15, 5721.181, 5721.191, 5901.29, 29
5907.08, 5919.10, 5920.08, 5921.05, 6101.84, and 6115.79 of the 30
Revised Code be amended to read as follows: 31
Sec. 101.53. Bills shall be printed in the exact language 40
in which they were passed, under the supervision of the clerk of 41
the house in which they originated. New THE LEGISLATIVE SERVICE 42
COMMISSION, BY RULE ADOPTED UNDER SECTION 111.15 OF THE REVISED 43
CODE, SHALL DIRECT HOW NEW matter shall be indicated by 44
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capitalization and old matter omitted by striking through such 45
matter. Prior capitalization in a Revised Code section shall be 46
indicated by italicized type. 47
Sec. 153.571. The bond provided for in division (B) of 56
section 153.54 of the Revised Code shall be in substantially the 57
following form, and recovery of any claimant thereunder shall be 59
subject to sections 153.01 to 153.60 of the Revised Code, to the 60
same extent as if the provisions of such sections were fully 62
incorporated in the bond form: 63
"KNOW ALL PERSONS BY THESE PRESENTS, that we, the 66
undersigned ................. as principal and ............. as 67
sureties, are hereby held and firmly bound unto .............. as 68
obligee in the penal sum of the dollar amount of the bid 69
submitted by the principal to the obligee on .............. to 70
undertake the project known as ................ The penal sum 71
referred to herein shall be the dollar amount of the principal's 72
bid to the obligee, incorporating any additive or deductive 73
alternate bids made by the principal on the date referred to 74
above to the obligee, which are accepted by the obligee. In no 76
case shall the penal sum exceed the amount of ............ 77
dollars. (If the foregoing blank is not filled in, the penal sum 78
will be the full amount of the principal's bid, including 79
alternates. Alternatively, if the blank is filled in, the amount 80
stated must not be less than the full amount of the bid including 81
alternates, in dollars and cents. A percentage is not 82
acceptable.) For the payment of the penal sum well and truly to 83
be made, we hereby jointly and severally bind ourselves, our 84
heirs, executors, administrators, successors, and assigns. 85
Signed this ............... day of ............., 19 .... 87
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that whereas the 88
above named principal has submitted a bid for .................. 89
Now, therefore, if the obligee accepts the bid of the 91
principal and the principal fails to enter into a proper contract 92
in accordance with the bid, plans, details, specifications, and 93
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bills of material; and in the event the principal pays to the 94
obligee the difference not to exceed ten per cent of the penalty 95
hereof between the amount specified in the bid and such larger 96
amount for which the obligee may in good faith contract with the 97
next lowest bidder to perform the work covered by the bid; or in 98
the event the obligee does not award the contract to the next 99
lowest bidder and resubmits the project for bidding, the 100
principal pays to the obligee the difference not to exceed ten 101
per cent of the penalty hereof between the amount specified in 102
the bid, or the costs, in connection with the resubmission, of 103
printing new contract documents, required advertising, and 104
printing and mailing notices to prospective bidders, whichever is 105
less, then this obligation shall be null and void, otherwise to 106
remain in full force and effect; if the obligee accepts the bid 107
of the principal and the principal within ten days after the 108
awarding of the contract enters into a proper contract in 109
accordance with the bid, plans, details, specifications, and 110
bills of material, which said contract is made a part of this 111
bond the same as though set forth herein; 112
Now also, if the said ................ shall well and 114
faithfully do and perform the things agreed by .............. to 115
be done and performed according to the terms of said contract; 116
and shall pay all lawful claims of subcontractors, materials 118
suppliers, and laborers, for labor performed and materials 119
furnished in the carrying forward, performing, or completing of 120
said contract; we agreeing and assenting that this undertaking 121
shall be for the benefit of any materials supplier or laborer 122
having a just claim, as well as for the obligee herein; then this 124
obligation shall be void; otherwise the same shall remain in full 125
force and effect; it being expressly understood and agreed that 126
the liability of the surety for any and all claims hereunder 127
shall in no event exceed the penal amount of this obligation as 128
herein stated.
The said surety hereby stipulates and agrees that no 130
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modifications, omissions, or additions, in or to the terms of the 131
said contract or in or to the plans or specifications therefor 132
shall in any wise affect the obligations of said surety on its 133
bond." 134
Sec. 317.113. The county recorder shall not accept for 143
recording a deed or other instrument in writing that is executed 145
or certified in whole or in part in a language other than the 146
English language unless it complies with the requirements of 147
sections 317.11, 317.111, and 317.112 of the Revised Code and is 148
accompanied by a complete English translation certified as 150
provided in this section. The translator of the deed or OTHER 151
instrument in writing shall certify that the translation is 152
accurate and that the translator is competent to perform the
translation. The translator shall sign and acknowledge the 153
translation of the deed or OTHER instrument in writing in the 154
presence of two witnesses, who shall attest the translator's 155
signature and subscribe their names to the attestation. The 156
translator shall sign and acknowledge the translation before a 157
judge of a court of record in this state, a clerk of a court of 158
record in this state, a county auditor, a county engineer, or a 159
notary public. 160
A certificate of the translator that is substantially in 162
the following form satisfies the requirements of this section: 163
"CERTIFICATE OF TRANSLATOR 164
The undersigned, .........................., hereby 166
certifies that the document attached to this certificate and made 167
a part of this certificate has been translated into english 168
ENGLISH by the undersigned; that the translation is accurate; and 170
that the undersigned is competent to perform the translation.
Signed and Acknowledged in the 172
Presence of: 173
.............................. 174
.............................. 175
.............................. 176
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(Signature of Translator) 177
SSN: ......................... 178
State of ..................... 179
County of .................... 180
The foregoing certificate of translator has been 183
acknowledged before me this ..... day of .........., 19...... 184
.............................. 186
(Signature of Judge or Officer 187
Taking the Acknowledgment)" 188
This section does not apply to a deed or other instrument 190
in writing executed or certified prior to the effective date of 191
this section AUGUST 20, 1996. 192
Sec. 317.24. (A) Upon request of any discharged member of 201
the armed forces of the United States and presentation of his THE 202
MEMBER'S discharge, the county recorder shall record the 203
discharge in a book to be furnished by the board of county 204
commissioners for that purpose. There shall be no fee for the 205
recording. The record of discharge, or a certified copy of the 206
record, shall be received in evidence in all cases where the 207
original discharge would be received. 208
(B) Upon application by a person whose discharge has been 210
recorded pursuant to this section, the county recorder shall, 211
without fee, expunge the person's record of discharge or the 212
person's separation program number from his THE PERSON'S record 213
of discharge. The application shall be in the following form: 214
"APPLICATION FOR EXPUNGEMENT OF DISCHARGE RECORD 216
I, ................ (Name of Applicant), the undersigned, 218
hereby request the County Recorder of the County of ............ 219
(Name of County), state of Ohio, to expunge my .......... (Insert 220
either Record of Discharge or Separation Program Number from my 221
Record of Discharge). 222
Dated this .......... day of .........., 19..... 225
.............................. 226
(Signature of Applicant) 228
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Sworn to and subscribed before me by ............ (Name of 230
Applicant) on .........., 19..... 232
.................................... 233
Notary Public 235
My commission expires ......, 19..." 237
(C) "Separation program number" means the coded number or 239
numbers used to specify the reasons for a person's separation 240
from active duty, as contained in line 9 (c) or line 11 (c) of a 241
veteran's discharge paper, United States department of defense 242
form DD-214. 243
(D) Upon the request of any person who served during World 245
War I or World War II as a member of any armed force of the 246
government of Poland or Czechoslovakia and participated while so 247
serving in armed conflict with an enemy of the United States and 248
who has been a citizen of the United States for at least ten 249
years, and the presentation of his THE PERSON'S discharge, the 250
county recorder shall record his THE PERSON'S discharge in a book 252
to be furnished by the board of county commissioners for that
purpose. No fee shall be charged for the recording. The record, 253
or a certified copy of it, shall be received in evidence in all 254
cases where the original would be received. 255
Sec. 981.02. A timber dealer desiring to adopt a 264
trade-mark under section 981.01 of the Revised Code, may do so by 265
executing in writing in form and effect as follows: 266
"Trade-mark. 268
Notice is hereby given that I (we) have adopted the 270
following trade-mark, to be used in my (our) business as a timber 271
dealer, to-wit: -- (Here insert the letters, words or figures, 272
etc., constituting the trade-mark, or if it is any device other 273
than letters, words, or figures, insert a facsimile thereof OF 274
THE DEVICE), dated this .......... day of .........., 19 ......" 276
Such writing shall be acknowledged or proved for record in 278
a like manner as deeds are acknowledged or proved, and shall be 279
recorded in the office of the clerk of the court of common pleas 280
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of the county in which the principal office or place of business 281
of such timber dealer is, and also in the office of the secretary 282
of state. A copy thereof OF THE WRITING shall be published at 283
least once a week for four consecutive weeks in a newspaper 285
published in such county. 286
A trade-mark so adopted, from the date thereof OF ITS 288
ADOPTION, shall be the exclusive property of the person, firm, or 290
corporation adopting it. 291
Sec. 1311.56. (A) The agricultural producer or handler 300
may perfect his THE PRODUCER'S OR HANDLER'S lien by recording, in 302
the office of the county recorder in the county where the 303
agricultural product was delivered to the agricultural product 304
handler, an affidavit that includes the date of delivery, or 305
first delivery if there was a series of deliveries under the 306
contract, the name of the agricultural product handler to whom 307
the agricultural product was delivered, and the amount owed the 308
lien claimant by the handler. If there was no agreed price at the 309
time of delivery or first delivery, the lien claimant shall 310
include in the affidavit the pricing method which the lien 311
claimant and handler agreed to utilize in their contract to 312
determine the amount owed the lien claimant. In such cases, and 313
for informational purposes only, the lien claimant shall include 314
in the affidavit an estimate of the amount owed him THE LIEN 315
CLAIMANT by the handler, based upon current market conditions. 317
The estimate is not binding upon the lien claimant.
(B) The affidavit may be verified before any person 319
authorized to administer oaths, including an attorney for the 320
agricultural product handler, lien claimant, or an interested 321
other party. 322
(C) The affidavit may be in the following form: 324
"AFFIDAVIT FOR AGRICULTURAL PRODUCT LIEN 326
State of Ohio, 328
County of ........,ss: 330
A.B. ...... of ....., whose address is .... being first duly 332
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sworn, says that he SUCH CLAIMANT delivered certain agricultural 333
products under a contract with C.D., ........., an agricultural 335
product handler, whose address is ............. The agricultural 336
product was first delivered on the ........ day of ........., 337
19... and there is justly and truly due claimant therefor from 338
the said C.D., over and above all legal setoffs, the sum of 339
....... dollars, (or estimated sum of ....... dollars based upon 340
current market conditions,) for which amount claimant claims a 341
lien on the agricultural product and the proceeds of the sale of 342
the agricultural product. 343
......................... 344
A.B. 345
Sworn to before me and subscribed in my presence this .......... 347
day of ........., 19..... 348
......................... 349
........................." 350
(D) The lien claimant shall remit to the county recorder 352
the standard fee at the time the affidavit is recorded as 353
determined under section 317.32 of the Revised Code. 354
Sec. 2715.041. (A) Upon the filing of a motion for an 363
order of attachment pursuant to section 2715.03 of the Revised 364
Code, the plaintiff shall file with the clerk of the court a 365
praecipe instructing the clerk to issue to the defendant against 366
whom the motion was filed a notice of the proceeding. Upon 367
receipt of the praecipe, the clerk shall issue the notice which 368
shall be in substantially the following form: 369
"(Name and Address of Court) 371
Case No................... 372
(Case Caption) 374
NOTICE 376
You are hereby notified that (name and address of 378
plaintiff), the plaintiff in this proceeding, has applied to this 379
court for the attachment of property in your possession. The 380
basis for this application is indicated in the documents that are 381
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enclosed with this notice. 382
The law of Ohio and the United States provides that certain 384
benefit payments cannot be taken from you to pay a debt. Typical 385
among the benefits that cannot be attached or executed on by a 386
creditor are: 387
(1) Workers' compensation benefits; 389
(2) Unemployment compensation payments; 391
(3) Cash assistance payments under the Ohio works first 395
program;
(4) Disability assistance administered by the Ohio 397
department of human services; 398
(5) Social security benefits; 400
(6) Supplemental security income (S.S.I.); 402
(7) Veteran's benefits; 404
(8) Black lung benefits; 406
(9) Certain pensions. 408
Additionally, your wages never can be taken to pay a debt 410
until a judgment has been obtained against you. There may be 411
other benefits not included in this list that apply in your case. 412
If you dispute the plaintiff's claim and believe that you 414
are entitled to retain possession of the property because it is 415
exempt or for any other reason, you may request a hearing before 416
this court by disputing the claim in the request for hearing form 417
appearing below, or in a substantially similar form, and 418
delivering the request for the hearing to this court, at the 419
office of the clerk of this court, not later than the end of the 420
fifth business day after you receive this notice. You may state 421
your reasons for disputing the claim in the space provided on the 422
form, but you are not required to do so. If you do state your 423
reasons for disputing the claim in the space provided on the 424
form, you are not prohibited from stating any other reasons at 425
the hearing, and if you do not state your reasons, it will not be 426
held against you by the court and you can state your reasons at 427
the hearing. 428
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If you request a hearing, it will be conducted in 430
................... courtroom ........, (address of court), at 431
.............m. on ............., 19..... 432
You may avoid having a hearing but retain possession of the 434
property until the entry of final judgment in the action by 435
filing with the court, at the office of the clerk of this court, 436
not later than the end of the fifth business day after you 437
receive this notice, a bond executed by an acceptable surety in 438
the amount of $............ 439
If you do not request a hearing or file a bond on or before 441
the end of the fifth business day after you receive this notice, 442
the court, without further notice to you, may order a law 443
enforcement officer or bailiff to take possession of the 444
property. Notice of the dates, times, places, and purposes of 445
any subsequent hearings and of the date, time, and place of the 446
trial of the action will be sent to you. 447
.............................. 449
Clerk of Court 450
Date: ......................." 451
(B) Along with the notice required by division (A) of this 453
section, the clerk of the court also shall deliver to the 454
defendant, in accordance with division (C) of this section, a 455
request for hearing form together with a postage-paid, 456
self-addressed envelope or a request for hearing form on a 457
postage-paid, self-addressed postcard. The request for hearing 458
shall be in substantially the following form: 459
"(Name and Address of Court) 461
Case Number ....................... Date ............... 463
REQUEST FOR HEARING 465
I dispute the claim for the attachment of property in the 467
above case and request that a hearing in this matter be held at 468
the time and place set forth in the notice that I previously 469
received. 470
I dispute the claim for the following reasons: 472
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................................................................. 474
(Optional) 476
................................................................. 478
................................................................. 480
.............................. 481
(Name of Defendant) 482
............................. 484
(Signature) 485
.............................. 486
(Date) 487
488
WARNING: IF YOU DO NOT DELIVER THIS REQUEST FOR HEARING OR 490
A REQUEST IN A SUBSTANTIALLY SIMILAR FORM TO THE OFFICE OF THE 491
CLERK OF THIS COURT WITHIN FIVE (5) BUSINESS DAYS OF YOUR RECEIPT 492
OF IT, YOU WAIVE YOUR RIGHT TO A HEARING AT THIS TIME AND YOU MAY 493
BE REQUIRED TO GIVE UP THE PROPERTY SOUGHT WITHOUT A HEARING." 494
(C) The notice required by division (A) of this section 496
shall be served on the defendant in duplicate not less than seven 497
business days prior to the date on which the hearing is 498
scheduled, together with a copy of the complaint and summons, if 499
not previously served, and a copy of the motion for the 500
attachment of property and the affidavit attached to the motion, 501
in the same manner as provided in the Rules of Civil Procedure 502
for the service of process. Service may be effected by 503
publication as provided in the Rules of Civil Procedure except 504
that the number of weeks for publication may be reduced by the 505
court to the extent appropriate. 506
Sec. 2737.05. (A) Upon the filing of a motion for an 515
order of possession pursuant to section 2737.03 of the Revised 516
Code, the movant shall file with the clerk of the court a 517
praecipe instructing the clerk to issue to the respondent a 518
notice of the proceeding. Upon receipt of the praecipe, the 519
clerk shall issue the notice which shall be in substantially the 520
following form: 522
12
"(Name and Address of Court) 522
Case No................... 523
(CASE CAPTION) (Case Caption) 526
NOTICE 528
You are hereby notified that (name and address of movant), 530
the movant in this proceeding, has applied to this court for the 531
recovery of possession of (describe property) claimed to be in 532
your possession. The basis for this application is indicated in 533
the documents that are enclosed with this notice. 534
If you dispute the movant's claim for possession of 536
property and believe that you are entitled to retain possession 537
of the property because it is exempt or for any other reason, you 538
may request a hearing before this court by disputing the claim in 539
the request for hearing form appearing below, or in a 540
substantially similar form and delivering the request for the 541
hearing to this court, at the office of the clerk of this court, 542
not later than the end of the fifth business day after you 543
receive this notice. You may state your reasons for disputing 544
the claim in the space provided on the form; however, you are not 545
required to do so. If you do state your reasons for disputing 546
the claim, you are not prohibited from stating any other reasons 547
at the hearing, and if you do not state your reasons, it will not 548
be held against you by the court and you can state your reasons 549
at the hearing. 550
If you request a hearing, it will be conducted in 552
................... courtroom ........, (address of court), at 553
.............m. on, ............., 19..... 554
You may avoid having a hearing but retain possession of the 556
property until the entry of final judgment in the action by 557
filing with the court, at the office of the clerk of this court, 558
not later than the end of the fifth business day after you 559
receive this notice, a bond executed by an acceptable surety in 560
the amount of $............ 561
If you do not request a hearing or file a bond on or before 563
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the end of the fifth business day after you receive this notice, 564
the court, without further notice to you, may order a law 565
enforcement officer or bailiff to take possession of the 566
property. Notice of the dates, times, places, and purposes of 567
any subsequent hearings and of the date, time, and place of the 568
trial of the action will be sent to you. 570
............................. 571
Clerk of the Court 573
Date:......................" 575
(B) Along with the notice required by division (A) of this 577
section, the clerk of the court also shall deliver to the 578
respondent, in accordance with division (C) of this section, a 579
request for hearing form together with a postage-paid, 580
self-addressed envelope or a request for hearing form on a 581
postage-paid, self-addressed postcard. The request for hearing 582
shall be in substantially the following form: 583
"(Name and Address of Court) 585
Case Number ........................ Date ............ 587
REQUEST FOR HEARING 589
I dispute the claim for the possession of property in the 591
above case and request that a hearing in this matter be held at 592
the time and place set forth in the notice that I previously 593
received. 594
I dispute the claim for the following reasons: 596
................................................................. 598
(Optional) 599
................................................................. 600
................................................................. 601
............................. 603
(Name of Respondent) 605
............................. 607
(Signature) 609
............................. 611
(Date) 613
14
WARNING: IF YOU DO NOT DELIVER THIS REQUEST FOR HEARING OR 615
A REQUEST IN A SUBSTANTIALLY SIMILAR FORM TO THE OFFICE OF THE 616
CLERK OF THIS COURT WITHIN FIVE (5) BUSINESS DAYS OF YOUR RECEIPT 617
OF IT, YOU WAIVE YOUR RIGHT TO A HEARING AT THIS TIME AND YOU MAY 618
BE REQUIRED TO GIVE UP THE PROPERTY SOUGHT WITHOUT A HEARING." 619
(C) The notice required by division (A) of this section 621
shall be served on the respondent in duplicate not less than 622
seven business days prior to the date on which the hearing is 623
scheduled, together with a copy of the complaint and summons, if 624
not previously served, and a copy of the motion for the delivery 625
of property and the affidavit attached to the motion, in the same 626
manner as provided in the Rules of Civil Procedure for the 627
service of process. Service may be effected by publication as 628
provided in the Rules of Civil Procedure except that the number 629
of weeks for publication may be reduced by the court to the 630
extent appropriate. 631
Sec. 2935.17. (A) An affidavit in either of the following 640
forms is sufficient: 641
(1) "State of Ohio, 643
........................... County, ss: 645
Before me, A.B., personally came C.D., who being duly sworn 647
according to law deposes and says that on or about the day of 648
..........., 19....., at the county of .......... one E.F. (here 650
describe the offense as nearly according to the nature thereof as 651
the case will admit, in ordinary concise language) C.D. 652
Sworn to and subscribed before me this ........ day of 654
.........., 19.... 655
A.B., County Judge 656
Clerk of ............. Court" 657
(2) "State of Ohio, 659
........................... County, ss: 661
Before me, A.B., personally came C.D., who being duly sworn 663
according to law says that on or about the ...... day of 664
........., 19...., one E.F. did: (here listing several common 666
15
offenses, plainly but tersely described as: fail to stop at stop 667
sign, pass at crest of grade, etc., with a ruled box before each, 668
and then showing an X or distinctive mark in front of the offense
claimed to be committed). C.D. 669
Sworn to before me and subscribed in my presence this ........ 671
day of ........, 19...., 672
A.B., County Judge 673
Clerk of ................... Court" 674
(B) A complaint in the following form is sufficient: 676
"State of Ohio, 678
........................... County, ss: 680
The undersigned (assistant) prosecuting attorney of 682
.......... County complains that on or about the ..... day of 683
............., 19...., one E.F. did (here describing the offense 684
committed as above) based on affidavit of .................. 685
filed with me.
........................... 688
Prosecuting Attorney/City director DIRECTOR of law LAW" 690
Provided, that the supreme court of Ohio, may, by rule, 692
provide for the uniform type and language to be used in any 693
affidavit or complaint to be filed in any court inferior to the 694
court of common pleas for violations of the motor vehicle and 695
traffic acts and related ordinances and in any notice to violator 696
to appear in such courts, and may require that such forms and no 697
other, shall be received in such courts, and issued to violators. 698
Sec. 2935.18. A warrant, summons, or notice of a peace 707
officer shall either contain a copy of the affidavit, or recite 708
the substance of the accusation. A warrant shall be directed to 710
a specific officer or to a department designated by its chief, 711
and shall command such officer or member of department to take 712
the accused and bring him THE ACCUSED forthwith before the 713
magistrate or court issuing such warrant, to be dealt with 714
according to law. A summons shall be directed to the officer or 716
department, and shall command him THE OFFICER OR DEPARTMENT to 718
16
notify the accused by serving a copy of such summons upon him THE 719
ACCUSED. The following form of warrant is sufficient: 720
"The State of Ohio, 722
......................... County, ss: 724
To the Sheriff (other Officer): 726
Greetings: 728
Whereas there has been filed with me an affidavit of which 730
the following is a copy (here copy) or the substance, (here set 731
forth the substance, omitting formal parts). These are therefore 732
to command you to take the said E.F., if he E.F. is found in your 733
county, or if he E.F. is not found in your county, that you 734
pursue after him E.F. in any other county in this state and take 735
and safely keep the said E.F. so that you have his body E.F. 736
forthwith before me or some other magistrate of said county to 737
answer the said complaint and be further dealt with according to 738
law.
Given under my hand this ...... day of ........, 19 ..... 740
A.B., Judge of ......... Court 741
Clerk of .............. Court" 742
The following form of summons is sufficient: 745
"The State of Ohio, .................... County, ss: 747
To the Bailiff or .................... Constable: 749
Whereas there has been filed before me an Affidavit 751
(Complaint) of which the following is a copy (here copy) or the 752
substance (here set forth the substance, omitting formal parts). 753
You are commanded to summon one said E.F. to appear before me on 754
the ........ day of .........., 19 ....., at ........ o'clock, 756
..... M., at .......... Building, ...................., Ohio, to
answer to said charge. 757
You will make due return of this summons forthwith upon 759
service.
A.B., Judge of ......... Court 760
Clerk of .............. Court" 761
Sec. 2935.19. An affidavit in the form following is 771
17
sufficient: The
"THE State of Ohio, 774
.................... County, ss: 776
Before me, A.B., personally came C.D., who being duly sworn 778
according to law, deposes and says that on or about the 779
................ day of ..................., .... at the county 780
of ...................., one E.F. (here describe the offense 782
committed as nearly according to the nature thereof as the case 783
will admit, in ordinary and concise language.)
Sworn to and subscribed before me, this ......... day of 785
........................, 19 ..... 786
A.B., Judge" 787
Sec. 2941.06. An indictment may be substantially in the 796
following form: 797
"The State of Ohio,) 799
ss. 801
........... County) 803
In the Year of our Lord one thousand nine hundred and ....... 805
The jurors of the Grand Jury of the State of Ohio, within 807
and for the body of the County aforesaid, on their oaths, in the 808
name and by the authority of the State of Ohio, do find and 809
present that A.B., on the ....... day of ........... 811
19,........., at the county of ........... aforesaid, did 812
........... (here insert the name of the offense if it has one, 813
such as murder, arson, or the like, or if a misdemeanor having no 814
general name, insert a brief description of it as given by law) 815
contrary to the form of the statute in such case made and 816
provided, and against the peace and dignity of the State of Ohio. 817
........C.D......... 819
(Indorsed) A true bill. Prosecuting Attorney 821
E.F., Foreman FOREPERSON of the Grand Jury." 823
Sec. 3113.215. (A) As used in this section: 832
(1) "Income" means either of the following: 834
(a) For a parent who is employed to full capacity, the 836
18
gross income of the parent; 837
(b) For a parent who is unemployed or underemployed, the 839
sum of the gross income of the parent, and any potential income 840
of the parent. 841
(2) "Gross income" means, except as excluded in this 843
division, the total of all earned and unearned income from all 844
sources during a calendar year, whether or not the income is 845
taxable, and includes, but is not limited to, income from 846
salaries, wages, overtime pay and bonuses to the extent described 847
in division (B)(5)(d) of this section, commissions, royalties, 848
tips, rents, dividends, severance pay, pensions, interest, trust 849
income, annuities, social security benefits, workers' 850
compensation benefits, unemployment insurance benefits, 851
disability insurance benefits, benefits received by and in the 852
possession of the veteran who is the beneficiary for any 853
service-connected disability under a program or law administered 854
by the United States department of veterans' affairs or veterans' 855
administration, spousal support actually received from a person 856
not a party to the support proceeding for which actual gross 857
income is being determined, and all other sources of income; 858
income of members of any branch of the United States armed 859
services or national guard, including, but not limited to,
amounts representing base pay, basic allowance for quarters, 860
basic allowance for subsistence, supplemental subsistence 861
allowance, cost of living adjustment, specialty pay, variable 862
housing allowance, and pay for training or other types of 863
required drills; self-generated income; and potential cash flow 864
from any source. 865
"Gross income" does not include any of the following: 867
(a) Benefits received from means-tested public assistance 870
programs, including, but not limited to, Ohio works first; 872
prevention, retention, and contingency; supplemental security 873
income; food stamps; or disability assistance; 874
(b) Benefits for any service-connected disability under a 877
19
program or law administered by the United States department of 878
veterans' affairs or veterans' administration that have not been 879
distributed to the veteran who is the beneficiary of the benefits 880
and that are in the possession of the United States department of 881
veterans' affairs or veterans' administration;
(c) Child support received for children who were not born 884
or adopted during the marriage at issue; 885
(d) Amounts paid for mandatory deductions from wages other 888
than taxes, social security, or retirement in lieu of social 889
security, including, but not limited to, union dues; 890
(e) Nonrecurring or unsustainable income or cash flow 893
items.
(3) "Self-generated income" means gross receipts received 895
by a parent from self-employment, proprietorship of a business, 896
joint ownership of a partnership or closely held corporation, and 897
rents minus ordinary and necessary expenses incurred by the 898
parent in generating the gross receipts. "Self-generated income" 899
includes expense reimbursements or in-kind payments received by a 900
parent from self-employment, the operation of a business, or 901
rents, including, but not limited to, company cars, free housing, 902
reimbursed meals, and other benefits, if the reimbursements are 903
significant and reduce personal living expenses. 904
(4)(a) "Ordinary and necessary expenses incurred in 906
generating gross receipts" means actual cash items expended by 907
the parent or the parent's business and includes depreciation 909
expenses of replacement business equipment as shown on the books 910
of a business entity. 911
(b) Except as specifically included in "ordinary and 913
necessary expenses incurred in generating gross receipts" by 914
division (A)(4)(a) of this section, "ordinary and necessary 915
expenses incurred in generating gross receipts" does not include 916
depreciation expenses and other noncash items that are allowed as 917
deductions on any federal tax return of the parent or the 918
parent's business. 919
20
(5) "Potential income" means both of the following for a 921
parent that the court, or a child support enforcement agency 922
pursuant to sections 3111.20, 3111.211, and 3111.22 of the 924
Revised Code, determines is voluntarily unemployed or voluntarily 925
underemployed: 926
(a) Imputed income that the court or agency determines the 928
parent would have earned if fully employed as determined from the 929
parent's employment potential and probable earnings based on the 930
parent's recent work history, the parent's occupational 931
qualifications, and the prevailing job opportunities and salary 932
levels in the community in which the parent resides; 933
(b) Imputed income from any nonincome-producing assets of 935
a parent, as determined from the local passbook savings rate or 936
another appropriate rate as determined by the court or agency, 937
not to exceed the rate of interest specified in division (A) of 938
section 1343.03 of the Revised Code, if the income is 939
significant. 940
(6) "Child support order" means an order for the payment 942
of child support. 943
(7) "Combined gross income" means the combined gross 945
income of both parents. 946
(8) "Split parental rights and responsibilities" means a 948
situation in which there is more than one child who is the 949
subject of an allocation of parental rights and responsibilities 950
and each parent is the residential parent and legal custodian of 951
at least one of those children. 952
(9) "Schedule" means the basic child support schedule set 954
forth in division (D) of this section. 955
(10) "Worksheet" means the applicable worksheet that is 957
used to calculate a parent's child support obligation and that is 958
set forth in divisions (E) and (F) of this section. 959
(11) "Nonrecurring or unsustainable income or cash flow 961
item" means any income or cash flow item that the parent receives 962
in any year or for any number of years not to exceed three years 963
21
and that the parent does not expect to continue to receive on a 964
regular basis. "Nonrecurring or unsustainable income or cash 965
flow item" does not include a lottery prize award that is not 966
paid in a lump sum or any other item of income or cash flow that 967
the parent receives or expects to receive for each year for a 968
period of more than three years or that the parent receives and 969
invests or otherwise utilizes to produce income or cash flow for 970
a period of more than three years. 971
(12) "Extraordinary medical expenses" means any uninsured 973
medical expenses that are incurred for a child during a calendar 974
year and that exceed one hundred dollars for that child during 975
that calendar year. 976
(B)(1) In any action in which a child support order is 978
issued or modified under Chapter 3115. or section 2151.23, 979
2151.231, 2151.232, 2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 980
3109.05, 3109.19, 3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 982
of the Revised Code, in any other proceeding in which the court 983
determines the amount of child support that will be ordered to be 984
paid pursuant to a child support order, or when a child support 985
enforcement agency determines the amount of child support that 986
will be paid pursuant to an administrative child support order 987
issued pursuant to sections 3111.20, 3111.211, and 3111.22 of the 988
Revised Code, the court or agency shall calculate the amount of 990
the obligor's child support obligation in accordance with the 991
basic child support schedule in division (D) of this section, the 992
applicable worksheet in division (E) or (F) of this section, and 993
the other provisions of this section, shall specify the support 994
obligation as a monthly amount due, and shall order the support 995
obligation to be paid in periodic increments as it determines to 996
be in the best interest of the children. In performing its 997
duties under this section, the court or agency is not required to 998
accept any calculations in a worksheet prepared by any party to 999
the action or proceeding. In any action or proceeding in which 1,000
the court determines the amount of child support that will be 1,001
22
ordered to be paid pursuant to a child support order or when a 1,002
child support enforcement agency determines the amount of child 1,003
support that will be paid pursuant to an administrative child 1,004
support order issued pursuant to sections 3111.20, 3111.211, and 1,005
3111.22 of the Revised Code, the amount of child support that 1,006
would be payable under a child support order, as calculated 1,008
pursuant to the basic child support schedule in division (D) of 1,009
this section and pursuant to the applicable worksheet in division 1,010
(E) of this section, through line 24, or in division (F) of this 1,011
section, through line 23, is rebuttably presumed to be the 1,012
correct amount of child support due, and the court or agency 1,013
shall order that amount to be paid as child support unless both 1,014
of the following apply with respect to an order issued by a 1,015
court:
(a) The court, after considering the factors and criteria 1,017
set forth in division (B)(3) of this section, determines that the 1,018
amount calculated pursuant to the basic child support schedule 1,019
and pursuant to the applicable worksheet in division (E) of this 1,020
section, through line 24, or in division (F) of this section, 1,021
through line 23, would be unjust or inappropriate and would not 1,022
be in the best interest of the child. 1,023
(b) The court enters in the journal the amount of child 1,025
support calculated pursuant to the basic child support schedule 1,026
and pursuant to the applicable worksheet in division (E) of this 1,027
section, through line 24, or in division (F) of this section, 1,028
through line 23, its determination that that amount would be 1,029
unjust or inappropriate and would not be in the best interest of 1,030
the child, and findings of fact supporting that determination. 1,031
(2) In determining the amount of child support to be paid 1,033
under any child support order, the court, upon its own 1,034
recommendation or upon the recommendation of the child support 1,035
enforcement agency, shall or the child support enforcement 1,036
agency, pursuant to sections 3111.20, 3111.211, and 3111.22 of 1,038
the Revised Code, shall do all of the following: 1,039
23
(a) If the combined gross income of both parents is less 1,041
than six thousand six hundred dollars per year, the court or 1,042
agency shall determine the amount of the obligor's child support 1,043
obligation on a case-by-case basis using the schedule as a 1,044
guideline. The court or agency shall review the obligor's gross 1,045
income and living expenses to determine the maximum amount of 1,046
child support that it reasonably can order without denying the 1,047
obligor the means for self-support at a minimum subsistence level 1,048
and shall order a specific amount of child support, unless the 1,049
obligor proves to the court or agency that the obligor is totally 1,050
unable to pay child support and the court or agency determines 1,051
that it would be unjust or inappropriate to order the payment of 1,052
child support and enters its determination and supporting 1,053
findings of fact in the journal. 1,054
(b) If the combined gross income of both parents is 1,056
greater than one hundred fifty thousand dollars per year, the 1,057
court or agency shall determine the amount of the obligor's child 1,058
support obligation on a case-by-case basis and shall consider the 1,059
needs and the standard of living of the children who are the 1,060
subject of the child support order and of the parents. When the 1,061
court or agency determines the amount of the obligor's child 1,062
support obligation for parents with a combined gross income 1,063
greater than one hundred fifty thousand dollars, the court or 1,064
agency shall compute a basic combined child support obligation 1,065
that is no less than the same percentage of the parents' combined 1,066
annual income that would have been computed under the basic child 1,067
support schedule and under the applicable worksheet in division 1,068
(E) of this section, through line 24, or in division (F) of this 1,069
section, through line 23, for a combined gross income of one 1,070
hundred fifty thousand dollars, unless the court or agency 1,071
determines that it would be unjust or inappropriate and would not 1,072
be in the best interest of the child, obligor, or obligee to 1,073
order that amount and enters in the journal the figure, 1,074
determination, and findings. 1,075
24
(c) The court shall not order an amount of child support 1,077
that deviates from the amount of child support that would 1,078
otherwise result from the use of the basic child support schedule 1,079
and the applicable worksheet in division (E) of this section, 1,080
through line 24, or in division (F) of this section, through line 1,081
23, unless both of the following apply: 1,082
(i) The court, after considering the factors and criteria 1,084
set forth in division (B)(3) of this section, determines that the 1,085
amount calculated pursuant to the basic child support schedule 1,086
and pursuant to the applicable worksheet in division (E) of this 1,087
section, through line 24, or in division (F) of this section, 1,088
through line 23, would be unjust or inappropriate and would not 1,089
be in the best interest of the child; 1,090
(ii) The court enters in the journal the amount of child 1,092
support calculated pursuant to the basic child support schedule 1,093
and pursuant to the applicable worksheet in division (E) of this 1,094
section, through line 24, or in division (F) of this section, 1,095
through line 23, its determination that that amount would be 1,096
unjust or inappropriate and would not be in the best interest of 1,097
the child, and findings of fact supporting that determination. 1,098
(3) The court, in accordance with divisions (B)(1) and 1,100
(2)(c) of this section, may deviate from the amount of support 1,101
that otherwise would result from the use of the schedule and the 1,102
applicable worksheet in division (E) of this section, through 1,103
line 24, or in division (F) of this section, through line 23, in 1,104
cases in which the application of the schedule and the applicable 1,105
worksheet in division (E) of this section, through line 24, or in 1,106
division (F) of this section, through line 23, would be unjust or 1,107
inappropriate and would not be in the best interest of the child. 1,108
In determining whether that amount would be unjust or 1,109
inappropriate and would not be in the best interest of the child, 1,110
the court may consider any of the following factors and criteria: 1,111
(a) Special and unusual needs of the children; 1,113
(b) Extraordinary obligations for minor children or 1,115
25
obligations for handicapped children who are not stepchildren and 1,116
who are not offspring from the marriage or relationship that is 1,117
the basis of the immediate child support determination; 1,118
(c) Other court-ordered payments; 1,120
(d) Extended times of visitation or extraordinary costs 1,122
associated with visitation, provided that this division does not 1,123
authorize and shall not be construed as authorizing any deviation 1,124
from the schedule and the applicable worksheet in division (E) of 1,125
this section, through line 24, or in division (F) of this 1,126
section, through line 23, or any escrowing, impoundment, or 1,127
withholding of child support because of a denial of or 1,128
interference with a right of companionship or visitation granted 1,129
by court order; 1,130
(e) The obligor obtains additional employment after a 1,132
child support order is issued in order to support a second 1,133
family; 1,134
(f) The financial resources and the earning ability of the 1,136
child; 1,137
(g) Disparity in income between parties or households; 1,139
(h) Benefits that either parent receives from remarriage 1,141
or sharing living expenses with another person; 1,142
(i) The amount of federal, state, and local taxes actually 1,144
paid or estimated to be paid by a parent or both of the parents; 1,145
(j) Significant in-kind contributions from a parent, 1,147
including, but not limited to, direct payment for lessons, sports 1,148
equipment, schooling, or clothing; 1,149
(k) The relative financial resources, other assets and 1,151
resources, and needs of each parent; 1,152
(l) The standard of living and circumstances of each 1,154
parent and the standard of living the child would have enjoyed 1,155
had the marriage continued or had the parents been married; 1,156
(m) The physical and emotional condition and needs of the 1,158
child; 1,159
(n) The need and capacity of the child for an education 1,161
26
and the educational opportunities that would have been available 1,162
to the child had the circumstances requiring a court order for 1,163
support not arisen; 1,164
(o) The responsibility of each parent for the support of 1,166
others; 1,167
(p) Any other relevant factor. 1,169
The court may accept an agreement of the parents that 1,171
assigns a monetary value to any of the factors and criteria 1,172
listed in division (B)(3) of this section that are applicable to 1,173
their situation. 1,174
(4) If an obligor or obligee under a child support order 1,176
requests the court to modify the amount of support required to be 1,177
paid pursuant to the child support order, the court shall 1,178
recalculate the amount of support that would be required to be 1,179
paid under the support order in accordance with the schedule and 1,180
pursuant to the applicable worksheet in division (E) of this 1,181
section, through line 24, or in division (F) of this section, 1,182
through line 23, and if that amount as recalculated is more than 1,183
ten per cent greater than or more than ten per cent less than the 1,184
amount of child support that is required to be paid pursuant to 1,185
the existing child support order, the deviation from the 1,186
recalculated amount that would be required to be paid under the 1,187
schedule and the applicable worksheet in division (E) of this 1,188
section, through line 24, or in division (F) of this section, 1,189
through line 23, shall be considered by the court as a change of 1,190
circumstance that is substantial enough to require a modification 1,191
of the amount of the child support order. In determining 1,192
pursuant to this division the recalculated amount of support that 1,193
would be required to be paid under the support order for purposes 1,194
of determining whether that recalculated amount is more than ten 1,195
per cent greater than or more than ten per cent less than the 1,196
amount of child support that is required to be paid pursuant to 1,197
the existing child support order, the court shall consider, in 1,198
addition to all other factors required by law to be considered, 1,199
27
the cost of health insurance which the obligor, the obligee, or 1,200
both the obligor and the obligee have been ordered to obtain for 1,201
the children specified in the order. Additionally, if an obligor 1,202
or obligee under a child support order requests the court to 1,203
modify the amount of support required to be paid pursuant to the 1,204
child support order and if the court determines that the amount 1,205
of support does not adequately meet the medical needs of the 1,206
child, the inadequate coverage shall be considered by the court 1,207
as a change of circumstance that is substantial enough to require 1,208
a modification of the amount of the child support order. If the 1,209
court determines that the amount of child support required to be 1,210
paid under the child support order should be changed due to a 1,211
substantial change of circumstances that was not contemplated at 1,212
the time of the issuance of the original child support order or 1,213
the last modification of the child support order, the court shall 1,214
modify the amount of child support required to be paid under the 1,215
child support order to comply with the schedule and the 1,216
applicable worksheet in division (E) of this section, through 1,217
line 24, or in division (F) of this section, through line 23, 1,218
unless the court determines that the amount calculated pursuant 1,219
to the basic child support schedule and pursuant to the 1,220
applicable worksheet in division (E) of this section, through 1,221
line 24, or in division (F) of this section, through line 23, 1,222
would be unjust or inappropriate and would not be in the best 1,223
interest of the child and enters in the journal the figure, 1,224
determination, and findings specified in division (B)(2)(c) of 1,225
this section. 1,226
(5) When a court computes the amount of child support 1,228
required to be paid under a child support order or a child 1,229
support enforcement agency computes the amount of child support 1,230
to be paid pursuant to an administrative child support order 1,231
issued pursuant to section 3111.20, 3111.211, or 3111.22 of the 1,233
Revised Code, all of the following apply: 1,234
(a) The parents shall verify current and past income and 1,236
28
personal earnings with suitable documents, including, but not 1,237
limited to, paystubs, employer statements, receipts and expense 1,238
vouchers related to self-generated income, tax returns, and all 1,239
supporting documentation and schedules for the tax returns. 1,240
(b) The amount of any pre-existing child support 1,242
obligation of a parent under a child support order and the amount 1,243
of any court-ordered spousal support paid to a former spouse 1,244
shall be deducted from the gross income of that parent to the 1,245
extent that payment under the child support order or that payment 1,246
of the court-ordered spousal support is verified by supporting 1,247
documentation. 1,248
(c) If other minor children who were born to the parent 1,251
and a person other than the other parent who is involved in the 1,253
immediate child support determination live with the parent, the 1,254
court or agency shall deduct an amount from that parent's gross 1,255
income that equals the number of such minor children times the 1,256
federal income tax exemption for such children less child support 1,257
received for them for the year, not exceeding the federal income 1,258
tax exemption. 1,259
(d) When the court or agency calculates the gross income 1,261
of a parent, it shall include the lesser of the following as 1,262
income from overtime and bonuses: 1,263
(i) The yearly average of all overtime and bonuses 1,265
received during the three years immediately prior to the time 1,266
when the person's child support obligation is being computed; 1,267
(ii) The total overtime and bonuses received during the 1,269
year immediately prior to the time when the person's child 1,270
support obligation is being computed. 1,271
(e) When the court or agency calculates the gross income 1,273
of a parent, it shall not include any income earned by the spouse 1,274
of that parent. 1,275
(f) The court shall not order an amount of child support 1,278
for reasonable and ordinary uninsured medical or dental expenses 1,279
in addition to the amount of the child support obligation 1,280
29
determined in accordance with the schedule. The court shall 1,281
issue a separate order for extraordinary medical or dental 1,282
expenses, including, but not limited to, orthodontia,
psychological, appropriate private education, and other expenses, 1,283
and may consider the expenses in adjusting a child support order. 1,284
(g) When a court or agency calculates the amount of child 1,286
support to be paid pursuant to a child support order or an 1,287
administrative child support order, if the combined gross income 1,288
of both parents is an amount that is between two amounts set 1,289
forth in the first column of the schedule, the court or agency 1,290
may use the basic child support obligation that corresponds to 1,291
the higher of the two amounts in the first column of the 1,292
schedule, use the basic child support obligation that corresponds 1,293
to the lower of the two amounts in the first column of the 1,294
schedule, or calculate a basic child support obligation that is 1,295
between those two amounts and corresponds proportionally to the 1,296
parents' actual combined gross income. 1,297
(h) When the court or agency calculates gross income, the 1,299
court or agency, when appropriate, may average income over a 1,300
reasonable period of years. 1,301
(6)(a) If the court issues a shared parenting order in 1,303
accordance with section 3109.04 of the Revised Code, the court 1,304
shall order an amount of child support to be paid under the child 1,305
support order that is calculated in accordance with the schedule 1,306
and with the worksheet set forth in division (E) of this section, 1,307
through line 24, except that, if the application of the schedule 1,308
and the worksheet, through line 24, would be unjust or 1,309
inappropriate to the children or either parent and would not be 1,310
in the best interest of the child because of the extraordinary 1,311
circumstances of the parents or because of any other factors or 1,312
criteria set forth in division (B)(3) of this section, the court 1,313
may deviate from the amount of child support that would be 1,314
ordered in accordance with the schedule and worksheet, through 1,315
line 24, shall consider those extraordinary circumstances and 1,316
30
other factors or criteria if it deviates from that amount, and 1,317
shall enter in the journal the amount of child support calculated 1,318
pursuant to the basic child support schedule and pursuant to the 1,319
applicable worksheet, through line 24, its determination that 1,320
that amount would be unjust or inappropriate and would not be in 1,321
the best interest of the child, and findings of fact supporting 1,322
that determination. 1,323
(b) For the purposes of this division, "extraordinary 1,325
circumstances of the parents" includes, but is not limited to, 1,326
all of the following: 1,327
(i) The amount of time that the children spend with each 1,329
parent; 1,330
(ii) The ability of each parent to maintain adequate 1,332
housing for the children; 1,333
(iii) Each parent's expenses, including, but not limited 1,335
to, child care expenses, school tuition, medical expenses, and 1,336
dental expenses. 1,337
(7)(a) In any action in which a child support order is 1,339
issued or modified under Chapter 3115. or section 2151.23, 1,340
2151.231, 2151.232, 2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 1,341
3109.05, 3109.19, 3111.13, 3113.04, or 3113.31 of the Revised 1,344
Code or in any other proceeding in which the court determines the 1,345
amount of child support that will be ordered to be paid pursuant 1,346
to a child support order and except as otherwise provided in this 1,347
division, the court shall issue a minimum support order requiring 1,348
the obligor to pay a minimum amount of fifty dollars a month for 1,349
child support under the child support order. The court, in its 1,350
discretion and in appropriate circumstances, may issue a minimum 1,351
support order requiring the obligor to pay an amount of child 1,352
support that is less than fifty dollars a month or not requiring 1,353
the obligor to pay an amount for support. The appropriate 1,354
circumstances for which a court may issue a minimum support order 1,355
requiring an obligor to pay an amount of child support that is 1,356
less than fifty dollars a month or not requiring the obligor to 1,357
31
pay an amount for support include, but are not limited to, the 1,358
nonresidential parent's medically verified or documented physical 1,359
or mental disability or institutionalization in a facility for 1,360
persons with a mental illness. If the court issues a minimum 1,361
support order pursuant to this division and the obligor under the 1,362
support order is the recipient of need-based public assistance, 1,363
any unpaid amounts of support due under the support order shall 1,364
accrue as arrearages from month to month, the obligor's current 1,365
obligation to pay the support due under the support order is 1,366
suspended during any period of time that the obligor is receiving 1,367
need-based public assistance and is complying with any seek work 1,368
orders issued pursuant to division (D)(4) of section 3113.21 of 1,369
the Revised Code, and the court, obligee, and child support 1,371
enforcement agency shall not enforce the obligation of the 1,372
obligor to pay the amount of support due under the support order 1,373
during any period of time that the obligor is receiving 1,374
need-based public assistance and is complying with any seek work 1,375
orders issued pursuant to division (D)(4) of section 3113.21 of 1,376
the Revised Code. 1,378
(b) Notwithstanding division (B)(7)(a) of this section, if 1,380
the amount of support payments that federal law requires or 1,381
permits to be disregarded in determining eligibility for aid 1,382
under Chapter 5107. of the Revised Code exceeds fifty dollars, 1,383
instead of fifty dollars the amount of a minimum support order 1,384
described in division (B)(7)(a) of this section shall be the 1,385
amount federal law requires or permits to be disregarded. 1,386
(C) Except when the parents have split parental rights and 1,388
responsibilities, a parent's child support obligation for a child 1,389
for whom the parent is the residential parent and legal custodian 1,390
shall be presumed to be spent on that child and shall not become 1,391
part of a child support order, and a parent's child support 1,392
obligation for a child for whom the parent is not the residential 1,393
parent and legal custodian shall become part of a child support 1,394
order. If the parents have split parental rights and 1,395
32
responsibilities, the child support obligations of the parents 1,396
shall be offset, and the court shall issue a child support order 1,397
requiring the parent with the larger child support obligation to 1,398
pay the net amount pursuant to the child support order. If 1,399
neither parent of a child who is the subject of a child support 1,400
order is the residential parent and legal custodian of the child 1,401
and the child resides with a third party who is the legal 1,402
custodian of the child, the court shall issue a child support 1,403
order requiring each parent to pay that parent's child support 1,405
obligation pursuant to the child support order. 1,406
Whenever a court issues a child support order, it shall 1,408
include in the order specific provisions for regular, holiday, 1,409
vacation, and special visitation in accordance with section 1,410
3109.05, 3109.11, or 3109.12 of the Revised Code or in accordance 1,411
with any other applicable section of the Revised Code. The court 1,412
shall not authorize or permit the escrowing, impoundment, or 1,413
withholding of any child support payment because of a denial of 1,414
or interference with a right of visitation included as a specific 1,415
provision of the child support order or as a method of enforcing 1,416
the specific provisions of the child support order dealing with 1,417
visitation. 1,418
(D) The following basic child support schedule shall be 1,420
used by all courts and child support enforcement agencies when 1,421
calculating the amount of child support that will be paid 1,422
pursuant to a child support order or an administrative child 1,423
support order, unless the combined gross income of the parents is 1,424
less than sixty-six hundred dollars or more than one hundred 1,425
fifty thousand dollars: 1,426
Basic Child Support Schedule 1,427
Combined 1,429
Gross Number of Children 1,431
Income One Two Three Four Five Six 1,434
6600 600 600 600 600 600 600 1,435
7200 600 600 600 600 600 600 1,436
33
7800 600 600 600 600 600 600 1,437
8400 600 600 600 600 600 600 1,438
9000 849 859 868 878 887 896 1,439
9600 1259 1273 1287 1301 1315 1329 1,440
10200 1669 1687 1706 1724 1743 1761 1,441
10800 2076 2099 2122 2145 2168 2192 1,442
11400 2331 2505 2533 2560 2588 2616 1,443
12000 2439 2911 2943 2975 3007 3039 1,444
12600 2546 3318 3354 3390 3427 3463 1,445
13200 2654 3724 3765 3806 3846 3887 1,446
13800 2761 4029 4175 4221 4266 4311 1,447
14400 2869 4186 4586 4636 4685 4735 1,448
15000 2976 4342 4996 5051 5105 5159 1,449
15600 3079 4491 5321 5466 5524 5583 1,450
16200 3179 4635 5490 5877 5940 6003 1,451
16800 3278 4780 5660 6254 6355 6423 1,452
17400 3378 4924 5830 6442 6771 6843 1,453
18000 3478 5069 5999 6629 7186 7262 1,454
18600 3578 5213 6169 6816 7389 7682 1,455
19200 3678 5358 6339 7004 7592 8102 1,456
19800 3778 5502 6508 7191 7796 8341 1,457
20400 3878 5647 6678 7378 7999 8558 1,458
21000 3977 5790 6847 7565 8201 8774 1,459
21600 4076 5933 7015 7750 8402 8989 1,460
22200 4176 6075 7182 7936 8602 9204 1,461
22800 4275 6216 7345 8116 8798 9413 1,462
23400 4373 6357 7509 8297 8994 9623 1,463
24000 4471 6498 7672 8478 9190 9832 1,464
24600 4570 6639 7836 8658 9386 10042 1,465
25200 4668 6780 8000 8839 9582 10251 1,466
25800 4767 6920 8163 9020 9778 10461 1,467
26400 4865 7061 8327 9200 9974 10670 1,468
27000 4963 7202 8490 9381 10170 10880 1,469
27600 5054 7332 8642 9548 10351 11074 1,470
34
28200 5135 7448 8776 9697 10512 11246 1,471
28800 5216 7564 8911 9845 10673 11418 1,472
29400 5297 7678 9045 9995 10833 11592 1,473
30000 5377 7792 9179 10143 10994 11764 1,474
30600 5456 7907 9313 10291 11154 11936 1,475
31200 5535 8022 9447 10439 11315 12107 1,476
31800 5615 8136 9581 10587 11476 12279 1,477
32400 5694 8251 9715 10736 11636 12451 1,478
33000 5774 8366 9849 10884 11797 12623 1,479
33600 5853 8480 9983 11032 11957 12794 1,480
34200 5933 8595 10117 11180 12118 12966 1,481
34800 6012 8709 10251 11328 12279 13138 1,482
35400 6091 8824 10385 11476 12439 13310 1,483
36000 6171 8939 10519 11624 12600 13482 1,484
36600 6250 9053 10653 11772 12761 13653 1,485
37200 6330 9168 10787 11920 12921 13825 1,486
37800 6406 9275 10913 12058 13071 13988 1,487
38400 6447 9335 10984 12137 13156 14079 1,488
39000 6489 9395 11055 12215 13242 14170 1,489
39600 6530 9455 11126 12294 13328 14261 1,490
40200 6571 9515 11197 12373 13413 14353 1,491
40800 6613 9575 11268 12451 13499 14444 1,492
41400 6653 9634 11338 12529 13583 14534 1,493
42000 6694 9693 11409 12607 13667 14624 1,494
42600 6735 9752 11479 12684 13752 14714 1,495
43200 6776 9811 11549 12762 13836 14804 1,496
43800 6817 9871 11619 12840 13921 14894 1,497
44400 6857 9930 11690 12917 14005 14985 1,498
45000 6898 9989 11760 12995 14090 15075 1,499
45600 6939 10049 11830 13073 14174 15165 1,500
46200 6978 10103 11897 13146 14251 15250 1,501
46800 7013 10150 11949 13203 14313 15316 1,502
47400 7048 10197 12000 13260 14375 15382 1,503
48000 7083 10245 12052 13317 14437 15448 1,504
35
48600 7117 10292 12103 13374 14498 15514 1,505
49200 7152 10339 12155 13432 14560 15580 1,506
49800 7187 10386 12206 13489 14622 15646 1,507
50400 7222 10433 12258 13546 14684 15712 1,508
51000 7257 10481 12309 13603 14745 15778 1,509
51600 7291 10528 12360 13660 14807 15844 1,510
52200 7326 10575 12412 13717 14869 15910 1,511
52800 7361 10622 12463 13774 14931 15976 1,512
53400 7396 10669 12515 13832 14992 16042 1,513
54000 7431 10717 12566 13889 15054 16108 1,514
54600 7468 10765 12622 13946 15120 16178 1,515
55200 7524 10845 12716 14050 15232 16298 1,516
55800 7582 10929 12814 14159 15350 16425 1,517
56400 7643 11016 12918 14273 15474 16558 1,518
57000 7704 11104 13021 14388 15598 16691 1,519
57600 7765 11192 13125 14502 15722 16824 1,520
58200 7825 11277 13225 14613 15842 16953 1,521
58800 7883 11361 13324 14723 15961 17079 1,522
59400 7941 11445 13423 14832 16079 17206 1,523
60000 8000 11529 13522 14941 16197 17333 1,524
60600 8058 11612 13620 15050 16315 17460 1,525
61200 8116 11696 13719 15160 16433 17587 1,526
61800 8175 11780 13818 15269 16552 17714 1,527
62400 8233 11864 13917 15378 16670 17840 1,528
63000 8288 11945 14011 15481 16783 17958 1,529
63600 8344 12024 14102 15582 16893 18075 1,530
64200 8399 12103 14194 15683 17002 18193 1,531
64800 8454 12183 14285 15784 17111 18310 1,532
65400 8510 12262 14376 15885 17220 18427 1,533
66000 8565 12341 14468 15986 17330 18544 1,534
66600 8620 12421 14559 16087 17439 18661 1,535
67200 8676 12500 14650 16188 17548 18778 1,536
67800 8731 12579 14741 16289 17657 18895 1,537
68400 8786 12659 14833 16390 17767 19012 1,538
36
69000 8842 12738 14924 16491 17876 19129 1,539
69600 8897 12817 15015 16592 17985 19246 1,540
70200 8953 12897 15107 16693 18094 19363 1,541
70800 9008 12974 15196 16791 18201 19476 1,542
71400 9060 13047 15281 16885 18302 19585 1,543
72000 9111 13120 15366 16979 18404 19694 1,544
72600 9163 13194 15451 17073 18506 19803 1,545
73200 9214 13267 15536 17167 18608 19912 1,546
73800 9266 13340 15621 17261 18709 20021 1,547
74400 9318 13413 15706 17355 18811 20130 1,548
75000 9369 13487 15791 17449 18913 20239 1,549
75600 9421 13560 15876 17543 19015 20347 1,550
76200 9473 13633 15961 17636 19116 20456 1,551
76800 9524 13707 16046 17730 19218 20565 1,552
77400 9576 13780 16131 17824 19320 20674 1,553
78000 9627 13853 16216 17918 19422 20783 1,554
78600 9679 13927 16300 18012 19523 20892 1,555
79200 9731 14000 16385 18106 19625 21001 1,556
79800 9782 14073 16470 18200 19727 21109 1,557
80400 9834 14147 16555 18294 19829 21218 1,558
81000 9885 14220 16640 18387 19930 21326 1,559
81600 9936 14292 16723 18480 20030 21434 1,560
82200 9987 14364 16807 18573 20131 21541 1,561
82800 10038 14439 16891 18665 20235 21651 1,562
83400 10090 14514 16979 18762 20340 21763 1,563
84000 10142 14589 17066 18859 20444 21875 1,564
84600 10194 14663 17154 18956 20549 21987 1,565
85200 10246 14738 17241 19052 20653 22099 1,566
85800 10298 14813 17329 19149 20758 22211 1,567
86400 10350 14887 17417 19246 20863 22323 1,568
87000 10403 14962 17504 19343 20967 22435 1,569
87600 10455 15037 17592 19440 21072 22547 1,570
88200 10507 15111 17679 19537 21176 22659 1,571
88800 10559 15186 17767 19633 21281 22771 1,572
37
89400 10611 15261 17855 19730 21386 22883 1,573
90000 10663 15335 17942 19827 21490 22995 1,574
90600 10715 15410 18030 19924 21595 23107 1,575
91200 10767 15485 18118 20021 21700 23219 1,576
91800 10819 15559 18205 20118 21804 23331 1,577
92400 10872 15634 18293 20215 21909 23443 1,578
93000 10924 15709 18380 20311 22013 23555 1,579
93600 10976 15783 18468 20408 22118 23667 1,580
94200 11028 15858 18556 20505 22223 23779 1,581
94800 11080 15933 18643 20602 22327 23891 1,582
95400 11132 16007 18731 20699 22432 24003 1,583
96000 11184 16082 18818 20796 22536 24115 1,584
96600 11236 16157 18906 20892 22641 24227 1,585
97200 11289 16231 18994 20989 22746 24339 1,586
97800 11341 16306 19081 21086 22850 24451 1,587
98400 11393 16381 19169 21183 22955 24563 1,588
99000 11446 16450 19255 21279 23062 24676 1,589
99600 11491 16516 19334 21366 23156 24777 1,590
100200 11536 16583 19413 21453 23250 24878 1,591
100800 11581 16649 19491 21539 23345 24978 1,592
101400 11625 16714 19569 21625 23437 25077 1,593
102000 11670 16779 19646 21710 23530 25177 1,594
102600 11714 16844 19724 21796 23623 25276 1,595
103200 11759 16909 19801 21881 23715 25375 1,596
103800 11803 16974 19879 21967 23808 25475 1,597
104400 11847 17039 19956 22052 23901 25574 1,598
105000 11892 17104 20034 22138 23994 25673 1,599
105600 11934 17167 20108 22220 24083 25769 1,600
106200 11979 17232 20186 22305 24176 25868 1,601
106800 12023 17297 20263 22391 24269 25968 1,602
107400 12068 17362 20341 22476 24361 26067 1,603
108000 12110 17425 20415 22559 24451 26162 1,604
108600 12155 17490 20493 22644 24543 26262 1,605
109200 12199 17555 20570 22730 24636 26361 1,606
38
109800 12243 17620 20648 22815 24729 26460 1,607
110400 12286 17683 20722 22897 24818 26556 1,608
111000 12331 17748 20800 22983 24911 26655 1,609
111600 12375 17813 20877 23068 25004 26755 1,610
112200 12419 17878 20955 23154 25096 26854 1,611
112800 12462 17941 21029 23236 25186 26949 1,612
113400 12506 18006 21107 23322 25278 27049 1,613
114000 12551 18071 21184 23407 25371 27148 1,614
114600 12595 18136 21262 23493 25464 27247 1,615
115200 12640 18202 21339 23578 25557 27347 1,616
115800 12682 18264 21414 23660 25646 27442 1,617
116400 12727 18329 21491 23746 25739 27542 1,618
117000 12771 18394 21569 23831 25832 27641 1,619
117600 12815 18460 21646 23917 25924 27740 1,620
118200 12858 18522 21721 23999 26013 27836 1,621
118800 12902 18587 21798 24084 26106 27935 1,622
119400 12947 18652 21876 24170 26199 28034 1,623
120000 12991 18718 21953 24256 26292 28134 1,624
120600 13034 18780 22028 24338 26381 28229 1,625
121200 13078 18845 22105 24423 26474 28329 1,626
121800 13123 18910 22183 24509 26567 28428 1,627
122400 13167 18976 22260 24594 26659 28527 1,628
123000 13210 19038 22335 24676 26749 28623 1,629
123600 13254 19103 22412 24762 26841 28722 1,630
124200 13299 19168 22490 24847 26934 28821 1,631
124800 13343 19234 22567 24933 27027 28921 1,632
125400 13386 19296 22642 25015 27116 29016 1,633
126000 13430 19361 22719 25101 27209 29115 1,634
126600 13474 19426 22797 25186 27302 29215 1,635
127200 13519 19492 22874 25272 27395 29314 1,636
127800 13561 19554 22949 25354 27484 29410 1,637
128400 13606 19619 23026 25439 27576 29509 1,638
129000 13650 19684 23104 25525 27669 29608 1,639
129600 13695 19750 23181 25610 27762 29708 1,640
39
130200 13739 19815 23259 25696 27855 29807 1,641
130800 13783 19879 23335 25780 27946 29905 1,642
131400 13828 19945 23414 25868 28041 30007 1,643
132000 13874 20012 23494 25955 28136 30108 1,644
132600 13919 20079 23573 26043 28231 30210 1,645
133200 13963 20143 23649 26127 28323 30308 1,646
133800 14008 20210 23729 26215 28418 30410 1,647
134400 14054 20276 23808 26302 28513 30511 1,648
135000 14099 20343 23887 26390 28608 30613 1,649
135600 14143 20407 23964 26474 28699 30711 1,650
136200 14188 20474 24043 26561 28794 30813 1,651
136800 14234 20541 24123 26649 28889 30914 1,652
137400 14279 20607 24202 26737 28984 31016 1,653
138000 14323 20671 24278 26821 29075 31114 1,654
138600 14368 20738 24358 26908 29170 31215 1,655
139200 14414 20805 24437 26996 29265 31317 1,656
139800 14459 20872 24516 27083 29361 31419 1,657
140400 14503 20936 24593 27168 29452 31517 1,658
141000 14549 21002 24672 27255 29547 31618 1,659
141600 14594 21069 24751 27343 29642 31720 1,660
142200 14639 21136 24831 27430 29737 31822 1,661
142800 14683 21200 24907 27515 29828 31920 1,662
143400 14729 21267 24986 27602 29923 32021 1,663
144000 14774 21333 25066 27690 30018 32123 1,664
144600 14820 21400 25145 27777 30113 32225 1,665
145200 14865 21467 25225 27865 30208 32327 1,666
145800 14909 21531 25301 27949 30300 32424 1,667
146400 14963 21596 25377 28041 30396 32526 1,668
147000 15006 21659 25452 28124 30486 32622 1,669
147600 15049 21722 25527 28207 30576 32718 1,670
148200 15090 21782 25599 28286 30662 32810 1,671
148800 15133 21845 25674 28369 30752 32907 1,672
149400 15176 21908 25749 28452 30842 33003 1,673
150000 15218 21971 25823 28534 30931 33099 1,674
40
(E) When a court or child support enforcement agency 1,677
calculates the amount of child support that will be required to 1,678
be paid pursuant to a child support order or an administrative 1,679
child support order in a proceeding in which one parent is the 1,680
residential parent and legal custodian of all of the children who 1,681
are the subject of the child support order or the court issues a 1,682
shared parenting order, the court or child support enforcement 1,683
agency shall use a worksheet that is identical in content and 1,684
form to the following worksheet: 1,685
"Worksheet 1,686
............... County Domestic Relations Court (or) 1,687
............... County Child Support Enforcement Agency 1,688
Child Support Computation 1,689
Sole Residential Parent or 1,690
Shared Parenting Order 1,691
Name of parties ................................................. 1,693
Case No. .......... 1,695
Number of minor children ...... The following parent was 1,697
designated as the residential parent and legal custodian 1,698
(disregard if shared parenting order): 1,699
............. mother; ............ father. 1,701
Father has ..... pay periods annually; mother has ..... pay 1,703
periods annually. 1,704
Column I Column II Column III 1,706
Father Mother Combined
1a. Annual gross income from 1,709
employment or, when
determined appropriate by 1,710
the court or agency,
average annual gross income
from employment over a
reasonable period of years 1,711
(exclude overtime and
bonuses)................... $...... $...... 1,713
41
b. Amount of overtime and 1,714
bonuses Father Mother 1,715
Yr. 3 1,716
(Three years ago) $...... $...... 1,718
Yr. 2 1,719
(Two years ago) $...... $...... 1,721
Yr. 1 1,722
(Last calendar year) $...... $...... 1,724
Average: $...... $...... 1,726
(Include in Column I and/or 1,727
Column II the average of
the three years or the year 1,728
1 amount, whichever is
less, if there exists a
reasonable expectation that 1,729
the total earnings from
overtime and/or bonuses
during the current calendar 1,730
year will meet or exceed
the amount that is the
lower of the average of the 1,731
three years or the year 1
amount. If, however, there
exists a reasonable 1,732
expectation that the total
earnings from
overtime/bonuses during the 1,733
current calendar year will
be less than the lower of
the average of the three 1,734
years or the year 1 amount,
include only the amount
reasonably expected to be 1,735
earned this year.)......... $...... $...... 1,736
42
2. Annual income from interest 1,737
and dividends (whether or
not taxable)............... $...... $...... 1,739
3. Annual income from 1,740
unemployment compensation.. $...... $...... 1,741
4. Annual income from workers' 1,742
compensation or disability
insurance benefits......... $...... $...... 1,744
5. Other annual income 1,745
(identify)................. $...... $...... 1,746
6. Total annual gross income 1,747
(add lines 1-5)............ $...... $...... 1,748
7. Annual court-ordered support 1,749
paid for other children.... $...... $...... 1,750
8. Adjustment for minor 1,751
children born to either
parent and another parent, 1,752
which children are living
with this parent (number of
children times federal 1,753
income tax exemption less
child support received for
the year, not to exceed the 1,754
federal tax exemption)..... $...... $...... 1,755
9. Annual court-ordered spousal 1,756
support paid to a former
spouse..................... $...... $...... 1,758
10. Amount of local income taxes 1,759
actually paid or estimated
to be paid................. $...... $...... 1,761
11. For self-employed 1,762
individuals, deduct 5.6% of
adjusted gross income or 1,763
the actual marginal
43
difference between the
actual rate paid by the
self-employed individual 1,764
and the F.I.C.A. rate...... $...... $...... 1,765
12. For self-employed 1,766
individuals, deduct
ordinary and necessary
business expenses.......... $...... $...... 1,768
13. Total gross income 1,769
adjustments (add lines
7-12)...................... $...... $...... 1,770
14. Adjusted annual gross income 1,771
(subtract line 13 from line
6)......................... $...... $...... 1,773
15. Combined annual income that 1,774
is basis for child support
order (add line 14, Col. I 1,775
and Col. II)......................... $......
16. Percentage parent's income 1,776
to total income
a. Father (divide line 14, Col. 1,777
I by line 15, Col. III) .........% 1,778
b. Mother (divide line 14, Col. 1,779
II by line 15, Col. III) .......... + .......% = 100% 1,780
17. Basic combined child support 1,781
obligation (Refer to basic
child support schedule in 1,782
division (D) of section
3113.215 of the Revised
Code; in the first column 1,783
of the schedule, locate the
sum that is nearest to the
combined annual income 1,784
listed in line 15, Col. III
44
of this worksheet, then
refer to the column of the 1,785
schedule that corresponds
to the number of children
in this family. If the 1,786
income of the parents is
more than one sum, and less
than another sum, in the 1,787
first column of the
schedule, you may calculate
the basic combined child 1,788
support obligation based
upon the obligation for
those two sums.)........... $...... 1,790
18. Annual child care expenses 1,791
for the children who are
the subject of this order 1,792
that are work, employment
training, or education 1,793
related, as approved by the
court or agency (deduct the
tax credit from annual 1,794
cost, whether or not
claimed)................... $...... $...... 1,795
19. Marginal, out-of-pocket 1,796
costs, necessary to provide
for health insurance for 1,797
the children who are the
subject of this order...... $...... $...... 1,798
20. Total child care and medical 1,799
expenses (add lines 18 and
19, Column I and Column II). $...... $...... 1,801
21. Combined annual child 1,802
support obligation for this
45
family (add lines 17 and 1,803
20, Column I and Column II). ....... $...... 1,804
22. Annual support 1,805
obligation/parent
a. Father (multiply line 21, 1,806
Col. III, by line 16a)..... $...... 1,807
b. Mother (multiply line 21, 1,808
Col. III, by line 16b)..... $...... 1,809
23. Adjustment for actual 1,810
expenses paid for annual
child care expenses and 1,811
marginal, out-of-pocket
costs, necessary to provide
for health insurance (enter 1,812
number from line 18 or 19
if applicable)............. $...... $...... 1,813
24. Actual annual obligation 1,814
(subtract line 23 from line
22a or 22b)................ $...... $...... 1,816
25. Gross household income per 1,817
party after exchange of
child support (add lines 14 1,819
and 24 Column I or II for
residential parent or, in 1,820
the case of shared 1,821
parenting order, the parent
to whom child support will
be paid; subtract line 24 1,822
Column I or II from line 14
for parent who is not the
residential parent or, in 1,823
the case of shared
parenting order, the parent
who will pay child support). $...... $...... 1,825
46
26. Comments, rebuttal, or 1,826
adjustments to correct
figures in lines 24, Column 1,827
I and 24, Column II if they
would be unjust or
inappropriate and would not 1,828
be in best interest of the
child or children (specific
facts to support
adjustments must be 1,829
included).................. $...... $...... 1,830
................................................................. 1,832
................................................................. 1,833
................................................................. 1,834
(Addendum sheet may be attached) 1,835
27. Final figure (this amount 1,837
reflects final annual child
support obligation)........ $...... father/mother 1,839
obligor
28. For decree: child support 1,842
per child per week or per
month (divide obligor's 1,843
annual share, line 27, by
12 or 52 and by number of
children).................. $...... 1,845
29. For deduction order: child 1,846
support per pay period
(calculate support per pay 1,847
period from figure on line
28) plus appropriate
processing charge. $...... 1,849
Calculations have been reviewed. 1,852
Signatures .............................. 1,854
Father 1,855
47
I do/do not consent. 1,856
Sworn to before me and subscribed in my presence, this 1,858
..... day of .........., 19... 1,859
.............................. 1,861
Notary Public 1,862
.............................. 1,863
Mother 1,864
I do/do not consent. 1,865
Sworn to before me and subscribed in my presence, this 1,868
..... day of .........., 19... 1,869
.............................. 1,870
Notary Public 1,871
.............................. .............................. 1,872
Attorney for Father Attorney for Mother" 1,874
(F) When a court or child support enforcement agency 1,877
calculates the amount of child support that will be required to 1,878
be paid pursuant to a child support order in a proceeding in 1,879
which both parents have split parental rights and 1,880
responsibilities with respect to the children who are the subject 1,881
of the child support order, the court or child support 1,882
enforcement agency shall use a worksheet that is identical in 1,883
content and form to the following worksheet: 1,884
"Worksheet 1,885
............... County Domestic Relations Court (or) 1,886
............... County Child Support Enforcement Agency 1,887
Child Support Computation 1,888
Split Parental Rights and Responsibilities 1,889
Name of parties ............................. 1,891
Case No. .......... 1,893
Number of minor children ...... The following parent was 1,895
designated residential parent and legal custodian: 1,896
............ mother; ............ father. 1,898
Father has ..... pay periods annually; mother has ..... pay 1,900
periods annually.
48
Column I Column II Column III 1,902
Father Mother Combined
1a. Annual gross income from 1,905
employment or, when
determined to be
appropriate by the court or 1,906
agency, average annual
gross income from
employment over a 1,907
reasonable period of years
(exclude overtime and
bonuses)................... $...... $...... 1,909
b. Amount of overtime and 1,910
bonuses Father Mother 1,911
Yr. 3 1,912
(Three years ago) $...... $...... 1,913
Yr. 2 1,914
(Two years ago) $...... $...... 1,915
Yr. 1 1,916
(Last calendar year) $...... $...... 1,917
Average: $...... $...... 1,918
(Include in Column I and/or 1,919
Column II the average of
the three years or the year 1,920
1 amount, whichever is
less, if there exists a
reasonable expectation that 1,921
the total earnings from
overtime and/or bonuses 1,922
during the current calendar
year will meet or exceed
the amount that is the 1,923
lower of the average of the
three years or the year 1
49
amount. If, however, there 1,924
exists a reasonable 1,925
expectation that the total
earnings from
overtime/bonuses during the 1,926
current calendar year will
be less than the lower of
the average of the three 1,927
years or the year 1 amount,
include only the amount
reasonably expected to be 1,929
earned this year.)......... $...... $....... 1,930
2. Annual income from interest 1,931
and dividends (whether or
not taxable)............... $...... $...... 1,933
3. Annual income from 1,934
unemployment compensation.. $...... $...... 1,935
4. Annual income from workers' 1,936
compensation or disability
insurance benefits......... $...... $...... 1,938
5. Other annual income 1,939
(identify)................. $...... $...... 1,940
6. Total annual gross income 1,941
(add lines 1-5)............ $...... $...... 1,942
7. Annual court-ordered support 1,943
paid for other children.... $...... $...... 1,944
8. Adjustment for minor 1,945
children born to either
parent and another parent, 1,946
which children are living
with this parent (number of
children times federal 1,947
income tax exemption less
child support received for
50
the year, not to exceed the 1,948
federal tax exemption)..... $...... $...... 1,949
9. Annual court-ordered spousal 1,950
support paid to a former
spouse..................... $...... $...... 1,952
10. Amount of local income taxes 1,953
actually paid or estimated
to be paid................. $...... $...... 1,955
11. For self-employed 1,956
individuals, deduct 5.6% of
adjusted gross income or 1,957
the actual marginal
difference between the
actual rate paid by the
self-employed individual 1,958
and the F.I.C.A. rate...... $...... $...... 1,959
12. For self-employed 1,960
individuals, deduct
ordinary and necessary
business expenses.......... $...... $...... 1,962
13. Total gross income 1,963
adjustments (add lines
7-12)...................... $...... $...... 1,964
14. Adjusted annual gross income 1,965
(subtract line 13 from line
6)......................... $...... $...... 1,967
15. Combined annual income that 1,968
is basis for child support
order (add line 14, Col. I 1,969
and Col. II)............... $..... 1,970
16. Percentage parent's income 1,971
to total income
a. Father (divide line 14, Col. 1,972
I by line 15, Col. III) .........% 1,973
51
b. Mother (divide line 14, Col. 1,974
II by line 15, Col. III)... + .......% = 100% 1,975
17. Basic combined child support 1,976
obligation/household
a. For children for whom the 1,977
father is the residential
parent and legal custodian 1,978
(Refer to basic child
support schedule in
division (D) of section 1,979
3113.215 of the Revised
Code; in the first column
of the schedule, locate the 1,980
sum that is nearest to the
combined annual income
listed in line 15, Col. III 1,981
of this worksheet, then
refer to the column of the
schedule that corresponds 1,982
to the number of children
for whom the father is the
residential parent and 1,983
legal custodian. If the
income of the parents is
more than one sum, and less 1,984
than another sum, in the
first column of the
schedule, you may calculate 1,985
the basic combined child
support obligation based
upon the obligation for 1,986
those two sums.)........... $...... 1,987
b. For children for whom the 1,988
mother is the residential
52
parent and the legal 1,989
custodian. (Refer to basic
child support schedule in
division (D) of section 1,990
3113.215 of the Revised
Code; in the first column 1,991
of the schedule, locate the
sum that is nearest to the
combined annual income 1,992
listed in line 15, Col. III
of this worksheet, then
refer to the column of the 1,993
schedule that corresponds
to the number of children
for whom the mother is the 1,994
residential parent and the 1,995
legal custodian. If the
income of the parents is
more than one sum, and less 1,996
than another sum, in the
first column of the
schedule, you may calculate 1,997
the basic combined child
support obligation based
upon the obligation for 1,998
those two sums.)........... $...... 1,999
18. Annual child care expenses 2,000
for the children who are
the subject of this order 2,001
that are work, employment
training, or education 2,002
related, as approved by the
court or agency (deduct the
tax credit from annual 2,003
53
cost, whether or not
claimed)
a. Expenses paid by the father. $...... 2,005
b. Expenses paid by the mother. $...... 2,007
19. Marginal, out-of-pocket 2,008
costs, necessary to provide
for health insurance for 2,009
the children who are the
subject of this order
a. Costs paid by the father.... $...... 2,011
b. Costs paid by the mother.... $...... 2,013
20. Total annual child care and 2,014
medical expenses
a. Of father (add lines 18a and 2,015
19a)....................... $...... 2,016
b. Of mother (add lines 18b and 2,017
19b)....................... $...... 2,018
21. Total annual child support 2,019
obligation
a. Of father for child(ren) for 2,020
whom the mother is the
residential parent and 2,021
legal custodian (add lines
20a and 17b and multiply by
line 16a).................. $...... 2,023
b. Of mother for child(ren) for 2,024
whom the father is the
residential parent and 2,025
legal custodian (add lines
20b and 17a and multiply by 2,026
line 16b).................. $...... 2,027
22. Adjustment for actual 2,028
expenses paid for annual
child care expenses, and 2,029
54
marginal, out-of-pocket
costs, necessary to provide
for health insurance
a. For father (enter number 2,030
from line 20a)............. $...... 2,031
b. For mother (enter number 2,032
from line 20b)............. $...... 2,033
23. Actual annual obligation 2,034
(subtract line 22a from
line 21a and insert in 2,035
Column I; subtract line 22b
from line 21b and insert in
Column II)................. $...... $...... 2,037
24. Net annual support 2,038
obligation (greater amount
on line 23 Column I or line 2,039
23 Column II minus lesser
amount on line 23 Column I
or line 23 Column II)...... $...... $...... 2,041
25. Gross household income per 2,042
party after exchange of
child support.............. $...... $...... 2,044
(add line 14 and line 24 2,045
for the parent receiving a
child support payment; 2,046
subtract line 24 from line
14 for the parent making a
child support payment) 2,047
26. Comments, rebuttal, or 2,048
adjustments to correct
figures in lines 24, Column 2,049
I and 24, Column II if they
would be unjust or
inappropriate and would not 2,050
55
be in best interest of the
children (specific facts to
support adjustments must be 2,051
included).................. $...... $...... 2,052
................................................................. 2,054
................................................................. 2,055
................................................................. 2,056
(Addendum sheet may be attached) 2,057
27. Final figure (this amount 2,059
reflects final annual child
support obligation)........ $...... father/mother 2,061
obligor
28. For decree: child support 2,064
per child per week or per
month (divide obligor's 2,065
annual share, line 27, by
12 or 52 and by the number
of children)............... $...... 2,067
29. For deduction order: child 2,068
support per day (calculate
support per pay period from 2,069
figure on line 28) and add
appropriate processing 2,070
charge. $...... 2,071
Calculations have been reviewed. 2,074
Signatures .............................. 2,076
Father 2,077
I do/do not consent. 2,078
Sworn to before me and subscribed in my presence, this 2,081
..... day of .........., 19... 2,082
.............................. 2,084
Notary Public 2,085
.............................. 2,086
Mother 2,087
56
I do/do not consent. 2,088
Sworn to before me and subscribed in my presence, this 2,091
..... day of .........., 19... 2,092
.............................. 2,094
Notary Public 2,095
.............................. .............................. 2,096
Attorney for Father Attorney for Mother" 2,097
(G) At least once every four years, the department of 2,100
human services shall review the basic child support schedule set 2,101
forth in division (D) of this section to determine whether 2,102
support orders issued in accordance with the schedule and the 2,103
applicable worksheet in division (E) of this section, through 2,104
line 24, or in division (F) of this section, through line 23, 2,105
adequately provide for the needs of the children who are subject 2,106
to the support orders, prepare a report of its review, and submit 2,107
a copy of the report to both houses of the general assembly. For 2,108
each review, the department shall establish a child support 2,109
guideline advisory council to assist the department in the 2,111
completion of its reviews and reports. Each council shall be 2,113
composed of obligors, obligees, judges of courts of common pleas
who have jurisdiction over domestic relations cases, attorneys 2,114
whose practice includes a significant number of domestic 2,115
relations cases, representatives of child support enforcement 2,116
agencies, other persons interested in the welfare of children, 2,117
three members of the senate appointed by the president of the 2,118
senate, no more than two of whom are members of the same party, 2,119
and three members of the house of representatives appointed by 2,120
the speaker of the house, no more than two of whom are members of 2,121
the same party. The department shall consider input from the 2,122
council prior to the completion of any report under this section. 2,124
The advisory council shall cease to exist at the time that it 2,125
submits its report to the general assembly. Any expenses 2,126
incurred by an advisory council shall be paid by the department. 2,127
On or before March 1, 1993, the department shall submit its 2,129
57
initial report under this division to both houses of the general 2,130
assembly. On or before the first day of March of every fourth 2,131
year after 1993, the department shall submit a report under this 2,132
division to both houses of the general assembly. 2,133
Sec. 3501.31. The board of elections shall mail to each 2,142
precinct election official notice of the date, hours, and place 2,143
of holding each election in the official's respective precinct at 2,145
which it desires the official to serve. Each of such officials 2,146
shall notify the board immediately upon receipt of such notice of 2,148
any inability to serve.
The election official designated as presiding judge under 2,152
section 3501.22 of the Revised Code shall call at the office of 2,153
the board at such time before the day of the election, not 2,154
earlier than the tenth day before the day of the election, as the 2,155
board designates to obtain the ballots, pollbooks, registration 2,156
forms and lists, and other material to be used in the official's 2,157
polling place on election day.
The board may also provide for the delivery of such 2,159
materials to polling places in a municipal corporation by members 2,160
of the police department of such municipal corporation; or the 2,161
board may provide for the delivery of such materials to the 2,162
presiding judge not earlier than the tenth day before the 2,163
election, in any manner it finds to be advisable. 2,164
On election day the precinct election officials shall 2,166
punctually attend the polling place one-half hour before the time 2,167
fixed for opening the polls. Each of the precinct election 2,168
officials shall thereupon make and subscribe to a statement which 2,169
shall be as follows: 2,170
"State of Ohio 2,172
County of ............... 2,174
I do solemnly swear under the penalty of perjury that I 2,176
will support the constitution of the United States of America and 2,177
the constitution of the state of Ohio and its laws; that I have 2,178
not been convicted of a felony or any violation of the election 2,179
58
laws; that I will discharge to the best of my ability the duties 2,180
of .................... (judge or clerk) .................... of 2,181
election in and for precinct .................... in the 2,182
.................... (township) or (ward and city or village) 2,183
.................... in the county of ...................., in 2,184
the election to be held on the .......... day of ..............., 2,185
19....., as required by law and the rules and instructions of the 2,186
board of elections of said county; and that I will endeavor to 2,187
prevent fraud in such election, and will report immediately to 2,188
said board any violations of the election laws which come to my 2,189
attention, and will not disclose any information as to how any 2,190
elector voted which is gained by me in the discharge of my 2,191
official duties. 2,192
.............................. .............................. 2,194
.............................. .............................. 2,195
.............................. .............................. 2,196
.............................. .............................. 2,197
.............................. .............................. 2,198
.............................. .............................. 2,199
(Signatures of precinct election officials)" 2,201
If any of the other precinct officials is absent at that 2,203
time, the presiding judge, with the concurrence of a majority of 2,204
the precinct election officials present, shall appoint a 2,205
qualified elector who is a member of the same political party as 2,206
the political party of which such absent precinct election 2,207
official is a member to fill the vacancy until the board appoints 2,208
a person to fill such vacancy and the person so appointed reports 2,209
for duty at the polling place. The presiding judge shall 2,210
promptly notify the board of such vacancy by telephone or 2,211
otherwise. The presiding judge also shall assign the precinct 2,213
election officials to their respective duties and shall have 2,214
general charge of the polling place. 2,215
Sec. 3509.04. Upon receipt by the director of elections of 2,224
an application for absent voter's ballots, as provided by 2,225
59
sections 3509.03 and 3509.031, and division (G) of section 2,226
3503.16, of the Revised Code, the director, if the director finds 2,228
that the applicant is a qualified elector and is entitled to vote 2,229
absent voter's ballots as applied for in the application, shall 2,230
deliver to the applicant in person or mail directly to the 2,231
applicant by special delivery mail, air mail, or regular mail, 2,232
postage prepaid, proper absent voter's ballots. The director 2,233
shall give proper absent voter's ballots to any qualified elector 2,234
who presents himself SELF to vote at the office of the board of 2,236
elections or at another location designated by the board as 2,237
provided in division (B) or (C) of section 3503.16 of the Revised 2,238
Code. The director shall give, deliver, or mail with the ballots
an unsealed identification envelope upon the face of which shall 2,239
be printed a form substantially as follows: 2,240
"Identification Envelope Statement of Voter 2,243
I, the undersigned voter, declare under penalty of election 2,245
falsification that the within ballot or ballots contained no 2,246
voting marks of any kind when I received them, and I caused the 2,247
ballot or ballots to be marked, enclosed in the identification 2,248
envelope, and sealed in said envelope. 2,249
My voting residence in Ohio is 2,251
................................................................. 2,252
(Street and Number, if any, or Rural Route and Number) 2,254
of ................................ (City, Village, or Township) 2,256
Ohio, which is in Ward ............... Precinct ................ 2,257
in said city, village, or township. 2,258
.....I am a qualified elector of the state of Ohio. (Applicant 2,260
must check the true statement concerning his THE APPLICANT'S 2,261
reason for voting by absent voter's ballots) 2,262
.....I shall be absent from the county on the day of the 2,264
election.
.....I shall be outside the United States on the day of the 2,266
election. (Applicants who check this statement must also 2,267
check the appropriate box on the enclosed return envelope to 2,268
60
indicate that they will be outside the United States.) 2,269
.....I shall be absent from my polling place on the day of the 2,272
election due to my entry or the entry of a member of my
family into a hospital for medical or surgical treatment. 2,274
.....I shall be absent from my polling place on the day of the 2,277
election due to physical illness, disability, or infirmity. 2,278
.....My employment as a full-time fire fighter, peace officer, or 2,280
provider of emergency medical services may prevent me from 2,281
voting at my polling place on the day of the election. 2,282
.....I shall be absent from my polling place on the day of the 2,284
election because I am on active duty with the organized 2,285
militia in the state of Ohio. 2,286
.....I shall be unable to vote on election day because of 2,288
observance of my religious belief. 2,289
.....I am the secretary of state. 2,291
.....I am an employee of the secretary of state. 2,293
.....I am a member of the board of elections. 2,296
.....I am an employee of or person temporarily hired by the board 2,299
of elections.
.....I am a polling place official. 2,301
.....I shall be absent from my polling place on the day of the 2,304
election due to my confinement in a jail or workhouse under 2,305
sentence for a misdemeanor or awaiting trial on a felony or 2,306
misdemeanor.
.....I am sixty-two years of age or older. 2,308
.....I moved from one precinct to another in the same county or 2,311
from one county to another on or prior to the day of an 2,312
election and did not file a notice of change of residence. 2,313
.....I changed my name on or prior to the day of an election and 2,316
did not file a notice of change of name. 2,317
The primary election ballots, if any, within this envelope 2,319
are primary election ballots of the ............. Party. 2,320
Ballots contained herein are to be voted at the .......... 2,322
(general, special, or primary) election to be held on the 2,323
61
.......................... day of ......................, 19.... 2,324
I hereby declare, under penalty of election falsification, 2,326
that the statements above are true, as I verily believe. 2,327
.............................. 2,329
(Signature of Voter) 2,330
THE PENALTY FOR ELECTION FALSIFICATION IS IMPRISONMENT FOR NOT 2,333
MORE THAN SIX MONTHS, OR A FINE OF NOT MORE THAN ONE THOUSAND
DOLLARS, OR BOTH." 2,334
The director shall mail with the ballots and the unsealed 2,336
identification envelope that the director mails an unsealed 2,337
return envelope upon the face of which shall be printed the 2,339
official title and post-office address of such director. In the 2,340
upper left corner on the face of such envelope, several blank 2,341
lines shall be printed upon which the voter may write the voter's 2,342
name and return address, and beneath these lines there shall be 2,344
printed a box beside the words "check if out-of-country." The 2,345
voter shall check this box if the voter will be outside the 2,346
United States on the day of the election. The return envelope 2,347
shall be of such size that the identification envelope can be 2,348
conveniently placed within it for returning such identification 2,349
envelope to the director.
Sec. 3513.07. The form of declaration of candidacy and 2,358
petition of a person desiring to be a candidate for a party 2,359
nomination or a candidate for election to an office or position 2,360
to be voted for at a primary election shall be substantially as 2,361
follows: 2,362
"DECLARATION OF CANDIDACY PARTY PRIMARY ELECTION 2,365
I, ........................... (Name of Candidate), the 2,367
undersigned, hereby declare under penalty of election 2,368
falsification that my voting residence is in ............... 2,369
precinct of the .............................. (Township) or 2,370
(Ward and City or Village) in the county of ................ , 2,371
Ohio; that my voting residence is ............... (Street and 2,373
Number, if any, or Rural Route and Number) of the 2,374
62
....................... .............. (City or Village) of 2,375
................., Ohio: that I am a qualified elector in the 2,377
precinct in which my voting residence is located. I am a member 2,378
of the ........ Party. I hereby declare that I desire to be 2,379
.................... (a candidate for nomination as a candidate 2,380
of the ........... Party for election to the office of 2,381
.............) (a candidate for election to the office or
position of ..............) for the ............ in the state, 2,382
district, (Full term or unexpired term ending ...............) 2,383
county, city, or village of ......... .........., at the primary 2,384
election to be held on the ............. day of ........., 19.., 2,385
and I hereby request that my name be printed upon the official 2,386
primary election ballot of the said .......... Party as a 2,387
candidate for ......... (such nomination) or (such election) as 2,388
provided by law. 2,389
I further declare that, if elected to said office or 2,391
position, I will qualify therefor, and that I will support and 2,392
abide by the principles enunciated by the ............ Party. 2,393
Dated this .......... day of ................., 19..... 2,395
.............................. 2,397
(Signature of candidate) 2,398
THE PENALTY FOR ELECTION FALSIFICATION IS IMPRISONMENT FOR 2,401
NOT MORE THAN SIX MONTHS, OR A FINE OF NOT MORE THAN ONE THOUSAND 2,402
DOLLARS, OR BOTH. 2,403
PETITION OF CANDIDATE 2,405
We, the undersigned, qualified electors of the state of 2,407
Ohio, whose voting residence is in the county, city, village, 2,408
ward, township, or school district, and precinct set opposite our 2,409
names, and members of the ....................................... 2,410
Party, hereby certify that ............................ (Name of 2,411
candidate) whose declaration of candidacy is filed herewith, is a 2,413
member of the ............ Party, and is, in our opinion, well
qualified to perform the duties of the office or position to 2,414
which that candidate desires to be elected. 2,415
63
2,416
Street City, 2,418
and Village or 2,419
Signature Number Township Ward Precinct County Date 2,421
(Must use address on file with the board of elections) 2,423
2,424
................................................................. 2,425
................................................................. 2,426
................................................................. 2,427
....................................... (Name of circulator 2,429
of petition), declares under penalty of election falsification 2,430
that the circulator of the petition is a qualified elector of the 2,431
state of Ohio and resides at the address appearing below the 2,433
signature of that circulator; that the circulator is a member of 2,435
the ........... Party; that the circulator is the circulator of 2,437
the foregoing petition paper containing ............. (Number) 2,438
signatures; that the circulator witnessed the affixing of every 2,439
signature, that all signers were to the best of the circulator's 2,441
knowledge and belief qualified to sign, and that every signature 2,443
is to the best of the circulator's knowledge and belief the 2,445
signature of the person whose signature it purports to be. 2,446
.............................. 2,447
(Signature of circulator) 2,449
.............................. 2,450
(Address of circulator) 2,452
THE PENALTY FOR ELECTION FALSIFICATION IS IMPRISONMENT FOR 2,455
NOT MORE THAN SIX MONTHS, OR A FINE OF NOT MORE THAN ONE THOUSAND 2,456
DOLLARS, OR BOTH." 2,457
The secretary of state shall prescribe a form of 2,459
declaration of candidacy and petition, and the form shall be 2,461
substantially similar to the declaration of candidacy and 2,462
petition set forth in this section, that will be suitable for 2,463
joint candidates for the offices of governor and lieutenant 2,464
governor. 2,465
64
The petition provided for in this section shall be 2,467
circulated only by a member of the same political party as the 2,468
candidate. 2,469
Sec. 3513.261. A nominating petition may consist of one or 2,478
more separate petition papers, each of which shall be 2,479
substantially in the form prescribed in this section. If the 2,480
petition consists of more than one separate petition paper, the 2,481
statement of candidacy of the candidate or joint candidates named 2,482
need be signed by the candidate or joint candidates on only one 2,483
of such separate petition papers, but the statement of candidacy 2,484
so signed shall be copied on each other separate petition paper 2,485
before the signatures of electors are placed thereon. Each 2,486
nominating petition containing signatures of electors of more 2,487
than one county shall consist of separate petition papers each of 2,488
which shall contain signatures of electors of only one county; 2,489
provided that petitions containing signatures of electors of more 2,490
than one county shall not thereby be declared invalid. In case 2,491
petitions containing signatures of electors of more than one 2,492
county are filed, the board of elections shall determine the 2,493
county from which the majority of the signatures came, and only 2,494
signatures from this county shall be counted. Signatures from 2,495
any other county shall be invalid. 2,496
All signatures on nominating petitions shall be written in 2,498
ink or indelible pencil. 2,499
At the time of filing a nominating petition, the candidate 2,501
designated in the nominating petition, and joint candidates for 2,503
governor and lieutenant governor, shall pay to the election 2,504
officials with whom it is filed the fees specified for the office 2,505
under divisions (A) and (B) of section 3513.10 of the Revised 2,507
Code. The fees shall be disposed of by those election officials 2,508
in the manner that is provided in section 3513.10 of the Revised 2,510
Code for the disposition of other fees, and in no case shall a 2,511
fee required under that section be returned to a candidate. 2,513
Candidates or joint candidates whose names are written on 2,515
65
the ballot, and who are elected, shall pay the same fees under 2,516
section 3513.10 of the Revised Code that candidates who file 2,518
nominating petitions pay. Payment of these fees shall be a 2,521
condition precedent to the granting of their certificates of 2,522
election.
Each nominating petition shall contain a statement of 2,524
candidacy which shall be signed by the candidate or joint 2,525
candidates named therein. Such statement of candidacy shall 2,526
contain a declaration made under penalty of election 2,527
falsification that the candidate desires to be a candidate for 2,528
the office named therein, and that the candidate is an elector 2,529
qualified to vote for the office the candidate seeks. 2,531
The form of the nominating petition and statement of 2,533
candidacy shall be substantially as follows: 2,534
"STATEMENT OF CANDIDACY 2,536
I, ................................... (Name of candidate), 2,538
the undersigned, hereby declare under penalty of election 2,539
falsification that my voting residence is in ................ 2,540
.......... Precinct of the ......................... (Township) 2,541
or (Ward and City, or Village) in the county of..............., 2,542
Ohio; that my post-office address is............................ 2,543
(Street and Number, if any, or Rural Route and Number) of the 2,544
............................... (City, Village, or post office) 2,545
of ...................., Ohio; AND that I am a qualified elector 2,546
in the precinct in which my voting residence is located. I 2,547
hereby declare that I desire to be a candidate for election to 2,548
the office of .............. in the........................ 2,549
(State, District, County, City, Village, Township, or School 2,550
District) for the ...................................... (Full 2,551
term or unexpired term ending ................) at the General 2,552
Election to be held on the ........... day of ............... 2,553
19,....
I further declare that I am an elector qualified to vote 2,555
for the office I seek. Dated this ....... day of .............., 2,556
66
19.... 2,557
.............................. 2,558
(Signature of candidate) 2,560
THE PENALTY FOR ELECTION FALSIFICATION IS IMPRISONMENT FOR 2,563
NOT MORE THAN SIX MONTHS, OR A FINE OF NOT MORE THAN ONE THOUSAND 2,564
DOLLARS. 2,565
I, ................................., hereby constitute the 2,567
persons named below a committee to represent me: 2,568
Name Residence 2,570
................................................................ 2,572
................................................................ 2,574
................................................................ 2,576
................................................................ 2,578
................................................................ 2,580
NOMINATING PETITION 2,582
We, the undersigned, qualified electors of the state of 2,583
Ohio, whose voting residence is in the County, City, Village, 2,584
Ward, Township or Precinct set opposite our names, hereby 2,586
nominate .................... as a candidate for election to the 2,587
office of ........................... in the
............................ (State, District, County, City, 2,588
Village, Township, or School District) for the ................. 2,589
(Full term or unexpired term ending ...................) to be 2,590
voted for at the general election next hereafter to be held, and 2,592
certify that this person is, in our opinion, well qualified to
perform the duties of the office or position to which the person 2,593
desires to be elected. 2,595
_________________________________________________________________ 2,597
Street City, 2,599
Signature Address Village or Ward Precinct County Date of 2,601
or R.F.D. Township Signing 2,603
(Must 2,605
use 2,607
address 2,609
67
on file 2,611
with the 2,613
board of 2,615
elections) 2,617
_________________________________________________________________ 2,619
................................................................. 2,621
................................................................. 2,623
................................................................. 2,625
..........................., declares under penalty of election 2,627
falsification that he or she SUCH PERSON is a qualified elector 2,628
of the state of Ohio and resides at the address appearing below 2,630
his or her SUCH PERSON'S signature hereto; that he or she SUCH 2,632
PERSON is the circulator of the foregoing petition paper 2,633
containing ................ signatures; that he or she SUCH 2,634
PERSON witnessed the affixing of every signature; that all 2,636
signers were to the best of his or her SUCH PERSON'S knowledge 2,637
and belief qualified to sign; and that every signature is to the 2,639
best of his or her SUCH PERSON'S knowledge and belief the 2,640
signature of the person whose signature it purports to be. 2,641
.............................. 2,643
(Signature of circulator) 2,644
.............................. 2,645
(Address) 2,646
THE PENALTY FOR ELECTION FALSIFICATION IS IMPRISONMENT FOR 2,648
NOT MORE THAN SIX MONTHS, OR A FINE OF NOT MORE THAN ONE THOUSAND 2,649
DOLLARS, OR BOTH." 2,650
The secretary of state shall prescribe a form of nominating 2,652
petition for a group of candidates for the office of member of a 2,653
board of education, township office, and for offices of municipal 2,654
corporations of under two thousand population. 2,655
The secretary of state shall prescribe a form of statement 2,657
of candidacy and nominating petition, which shall be 2,658
substantially similar to the form of statement of candidacy and 2,659
nominating petition set forth in this section, that will be 2,660
68
suitable for joint candidates for the offices of governor and 2,661
lieutenant governor. 2,662
If such petition nominates a candidate whose election is to 2,664
be determined by the electors of a county or a district or 2,665
subdivision within the county, it shall be filed with the board 2,666
of such county. If the petition nominates a candidate whose 2,667
election is to be determined by the voters of a subdivision 2,668
located in more than one county, it shall be filed with the board 2,669
of the county in which the major portion of the population of 2,670
such subdivision is located. 2,671
If the petition nominates a candidate whose election is to 2,673
be determined by the electors of a district comprised of more 2,674
than one county but less than all of the counties of the state, 2,675
it shall be filed with the board of elections of the most 2,676
populous county in such district. If the petition nominates a 2,677
candidate whose election is to be determined by the electors of 2,678
the state at large, it shall be filed with the secretary of 2,679
state. 2,680
Sec. 3769.04. Any person, association, corporation, or 2,689
trust desiring to hold or conduct a horse-racing meeting, wherein 2,690
the pari-mutuel system of wagering is allowed, shall make 2,691
application to the state racing commission for a permit to do so. 2,692
Each application, accompanied by a permit fee of ten dollars and 2,694
a cash bond, certified check, or bank draft, shall be filed with 2,695
the commission at least five days prior to the first day of each 2,696
horse-racing meeting that the person, association, corporation, 2,697
or trust proposes to hold or conduct. The application, if made 2,698
by an individual, shall be signed and verified under oath by the 2,699
individual and, if made by individuals or a partnership, shall be 2,700
signed and verified under oath by one of the individuals or a 2,701
member of the partnership. If made by an association, trust, or 2,702
corporation, the application shall be signed by the ITS president 2,703
or vice-president thereof and attested by the secretary or 2,705
assistant secretary under the seal of the association, trust, or 2,706
69
corporation, if it has a seal, and shall also be verified under 2,707
oath by one of the officers signing the application. The 2,708
commission shall prescribe forms to be used in making the 2,709
application. The application shall specify the name of the 2,710
person, association, trust, or corporation making such 2,711
application, the post-office address of the applicant (if a 2,712
corporation, the name of the state of its incorporation), the 2,713
dates on which the applicant intends to conduct or hold such 2,714
horse-racing meeting, which dates shall be successive days, 2,715
including Sundays unless otherwise requested by the applicant and 2,716
authorized by the commission, the hours of each racing day during 2,717
which the applicant intends to hold or conduct horse racing at 2,718
such meeting, which shall be during the hours specified pursuant 2,719
to section 3769.07 of the Revised Code, and the location of the 2,720
place, track, or enclosure where it is proposed to hold or 2,721
conduct such horse-racing meeting, and such further information 2,722
as the commission prescribes.
If the application requests a permit for a horse-racing 2,724
meet at a location at which such a meet has not previously been 2,725
conducted by permission of the commission, then, in addition to 2,726
the other requirements for said THE application, there shall 2,727
accompany the application a petition signed by at least fifty-one 2,728
per cent of the qualified electors voting for governor at the 2,729
most recent general election in the townships in which the racing 2,731
meet is proposed to be conducted, together with a certificate of 2,732
the board of elections of the counties in which such townships 2,733
are situated that the signatures on the petition are valid and 2,734
comply with this section. No petition or certificate shall be 2,735
required for a transfer made under section 3769.13 of the Revised 2,736
Code if the transfer is to a county in which racing has 2,737
previously been conducted pursuant to a permit issued under 2,738
section 3769.06 of the Revised Code.
Such petition shall be in the following form: 2,740
"We, the undersigned, electors of ............ township, 2,742
70
............ county, Ohio request the granting of the application 2,743
of ............ for a horse-racing meet to be conducted in whole 2,744
or in part in ............ township, ............ county, Ohio in 2,745
the year 19......" 2,746
Name Address Voting Precinct Township 2,748
................................................................" 2,749
Such petition shall be sworn to in the manner provided in 2,751
section 3513.27 of the Revised Code. This section does not apply 2,752
to small horse-racing meets or horse shows which are not required 2,753
to secure permits under section 3769.01 of the Revised Code, nor 2,754
shall this section, other than the first paragraph, apply to 2,755
county fair horse-racing meets. 2,756
Sec. 4561.25. (A) Every person who, in the ordinary 2,765
course of his business, rents an aircraft to another person, 2,766
shall deliver to such THE renter a written notice stating the 2,767
nature and extent of insurance coverage provided, if any, for the 2,769
renter against loss of or damage to the hull of the aircraft, or 2,770
against liability arising out of the ownership, maintenance, or 2,771
use of the aircraft. Such notice shall contain the name of the 2,772
person giving the notice, and shall be in substantially the 2,773
following form: 2,774
"Notice of insurance coverage 2,775
As a renter of aircraft, you are hereby notified that: 2,777
(1) You (are) (are not) insured under a policy or policies 2,779
of insurance provided by the undersigned and providing liability 2,780
coverage to renters of aircraft. If coverage is provided, it is 2,781
in the following amount or amounts: 2,782
$....................... 2,784
(2) Hull insurance in favor of renters of aircraft (is) 2,786
(is not) maintained. If hull insurance is provided, you (are) 2,787
(are not) insured for the full value of the rental aircraft. 2,788
............................... 2,788
(Signature of person or 2,791
officer of company renting
71
aircraft)
Dated:..........................., 19...... 2,794
(Month) (Day) (Year)" 2,796
(B) The notice delivered pursuant to division (A) of this 2,798
section shall constitute a material part of any rental agreement, 2,799
and each renter shall give written acknowledgment of receipt of 2,800
such THE notice. 2,801
(C) Whoever fails to deliver the notice in accordance with 2,803
division (A) of this section shall be fined not more than one 2,804
thousand dollars. 2,805
Sec. 4703.10. If the applicant passes the examination 2,814
under section 4703.09 of the Revised Code or in lieu of the 2,816
examination meets, in the opinion of the state board of examiners 2,817
of architects, the requirements of section 4703.08 of the Revised 2,818
Code, and in addition has proven himself SELF to be of good moral 2,819
character, he THE APPLICANT is eligible to receive from the state 2,821
board of examiners of architects a certificate of qualification 2,822
to practice architecture. The certificate shall be signed by the 2,823
president and secretary of the board and shall bear the name of 2,824
the successful applicant, his THE SUCCESSFUL APPLICANT'S place of 2,825
business, the serial number of the certificate, the seal of the 2,826
board, and the words, "admitted to practice architecture in the 2,827
state of Ohio, the ..... day of ......., 19 ...." 2,828
If the applicant fails the examination under section 2,830
4703.09 of the Revised Code, the board may refuse to issue a 2,831
certificate of qualification to practice architecture. 2,832
Sec. 5309.15. After the investigation authorized by 2,841
section 5309.14 of the Revised Code, if, in the opinion of the 2,842
examiner of titles, the applicant has a good title as alleged, 2,844
and proper for registration, or if the applicant after an adverse 2,845
opinion of the examiner elects to proceed further, the clerk of
the probate court or the clerk of the court of common pleas 2,846
shall, upon the filing of the examiner's report or the 2,847
applicant's election, cause notice of the filing, substance, and 2,848
72
prayer of the application to be published once a week for three 2,849
consecutive weeks in a newspaper, which may be designated by the
applicant, published and of general circulation in each county 2,850
where any portion of the land lies, or if no newspaper is 2,851
published in any of such counties, then in a newspaper so 2,852
designated, published, and of general circulation in an adjoining 2,853
county. The expense of such publication shall be paid by the 2,854
applicant and taxed as costs in the case. The notice shall be
issued by order of the court, attested by the clerk, and shall be 2,855
in form substantially as follows: 2,856
".................Court of............County, Ohio. 2,858
A. B., 2,860
plaintiff, 2,862
vs. APPLICATION TO REGISTER TITLE TO 2,864
LAND.
C. D. et al, 2,866
defendants 2,868
To (here insert the names, residences, and addresses of all 2,870
the defendants so far as known), and to all persons having any 2,871
interest in or lien or charge upon the lands or any part thereof 2,873
described herein. You are hereby notified that an application 2,874
has been filed in said court by ................. to settle,
determine, and remove all clouds from and register his SUCH 2,875
PERSON'S (or their SUCH PERSONS') title in and to, and to settle, 2,877
determine, and register all lesser or other estates and interests 2,878
in, and all liens and charges upon, the following described land
(insert description). 2,879
You are hereby required to answer said application on or 2,881
before the ....... day of ....... A.D., .......... and show 2,882
cause, if any you have, why the prayer of said application should 2,884
not be granted. And unless you appear at said court on or before 2,885
the time aforesaid and make answer or other plea to said 2,886
application, your default will be recorded, the said application
will be taken as confessed, and you will be forever barred from 2,888
73
contesting said application or any decree entered thereon. 2,889
WITNESS ................... Judge of said Court, this 2,891
........ day of ....... in the year nineteen hundred and, ..... 2,892
Attest:" 2,894
The form of said notice in cases mentioned in section 2,896
5309.66 of the Revised Code may be varied as the facts require. 2,897
Sec. 5721.15. The forms of caption, notice of foreclosure 2,906
and forfeiture, and notice to property owners, lienholders, and 2,907
other interested persons to be utilized in a foreclosure and 2,908
forfeiture proceeding instituted pursuant to section 5721.14 of 2,909
the Revised Code shall be as follows: 2,910
(A) Form of caption: 2,912
"In the .......... court of .........., Ohio, 2,914
in the matter of the 2,916
foreclosure of liens and forfeiture of property 2,918
for delinquent land taxes by action in rem. 2,920
County treasurer of .......... county, Ohio, 2,922
Plaintiff 2,924
vs. 2,926
Parcels of land encumbered with delinquent tax liens, 2,928
defendants" 2,930
(B) Form of notice of foreclosure and forfeiture: 2,932
".......... court .......... county, Ohio 2,934
Notice of foreclosure of liens and forfeiture of property 2,936
for delinquent land taxes, by action in rem by county treasurer 2,937
of .......... county, ohio Ohio 2,938
Public notice is hereby given that on the .......... day of 2,940
.........., 19...., the county treasurer of .......... county, 2,941
Ohio, filed a complaint in the .......... court of .........., 2,942
Ohio, at .......... (stating the city), for the foreclosure of 2,943
liens and forfeiture of property for delinquent taxes, 2,944
assessments, charges, penalties, and interest against certain 2,945
real property situated in such county, as described in that 2,946
complaint. 2,947
74
The object of the action is to obtain from the court a 2,949
judgment foreclosing the tax liens against such real estate, 2,950
forfeiting the property to the state, and ordering the sale of 2,951
such real estate for the satisfaction of the tax liens on it. 2,952
Such action is brought against the real property only and 2,954
no personal judgment shall be entered in it. However, if, 2,955
pursuant to the action, the property is sold for an amount that 2,956
is less than the amount of the delinquent taxes, assessments, 2,957
charges, penalties, and interest against it, the court, in a 2,958
separate order, may enter a deficiency judgment against the owner 2,959
of record of a parcel for the amount of the difference; if that 2,960
owner of record is a corporation, the court may enter the 2,961
deficiency judgment against the stockholder holding a majority of 2,962
that corporation's stock. 2,963
The permanent parcel number of each parcel included in such 2,965
action; the full street address of the parcel, if available; a 2,966
description of the parcel as set forth in the associated 2,967
delinquent vacant land tax certificate or master list of 2,968
delinquent vacant tracts; a statement of the amount of the taxes, 2,969
assessments, charges, penalties, and interest due and unpaid on 2,970
the parcel; the name and address of the last known owner of the 2,971
parcel as they appear on the general tax list; and the names and 2,972
addresses of each lienholder and other person with an interest in 2,973
the parcel identified in a statutorily required title search 2,974
relating to the parcel; all as more fully set forth in the 2,975
complaint, are as follows: 2,976
(Here set forth the respective permanent parcel numbers, 2,978
street addresses, descriptions, names and addresses of owners, 2,979
lienholders, and other interested persons, and statements of 2,980
amounts due as taxes, assessments, charges, penalties, and 2,981
interest, together with the respective serial numbers assigned to 2,982
each parcel if the complaint covers more than one parcel. If 2,983
parcels are identified in this notice by permanent parcel number 2,984
only, instead of also with a complete legal description, as 2,985
75
authorized by division (C) of section 5721.14 of the Revised 2,986
Code, here also set forth where the complete legal description of 2,987
the parcel may be obtained.) 2,988
Any person owning or claiming any right, title, or interest 2,990
in, or lien upon, any parcel of real property above listed may 2,991
file an answer in such action setting forth the nature and amount 2,992
of interest owned or claimed and any defense or objection to the 2,993
foreclosure and forfeiture. Such answer shall be filed in the 2,994
office of the undersigned clerk of the court, and a copy of the 2,995
answer shall be served on the prosecuting attorney, on or before 2,996
the .......... day of .........., 19.... (twenty-eight days after 2,997
the date of final publication of this notice). 2,998
If no answer is filed with respect to a parcel listed in 3,000
the complaint, on or before the date specified as the last day 3,001
for filing an answer, a judgment of foreclosure and forfeiture 3,002
will be taken by default as to that parcel. Any parcel as to 3,003
which a foreclosure and forfeiture is taken by default shall be 3,004
sold for the satisfaction of the taxes, assessments, charges, 3,005
penalties, and interest, and the costs incurred in the 3,006
foreclosure and forfeiture proceeding, which are due and unpaid. 3,007
At any time prior to the filing of an entry of confirmation 3,009
of sale, any owner or lienholder of, or other person with an 3,010
interest in, a parcel listed in the complaint may redeem the 3,011
parcel by tendering to the treasurer the amount of the taxes, 3,012
assessments, charges, penalties, and interest due and unpaid on 3,013
the parcel, together with all costs incurred in the proceeding 3,014
instituted against the parcel under section 5721.14 of the 3,015
Revised Code. Upon the filing of any entry of confirmation of 3,016
sale, there shall be no further equity of redemption. After the 3,017
filing of any such entry, any person claiming any right, title, 3,018
or interest in, or lien upon, any parcel shall be forever barred 3,019
and foreclosed of any such right, title, or interest in, lien 3,020
upon, and any equity of redemption in, such parcel. 3,022
......................... 3,023
76
Clerk of the Court 3,025
................... Court 3,027
..................., Ohio" 3,029
(C) Form of notice to owner, lienholders, and other 3,031
persons with an interest in a parcel: 3,032
"To the person to whom this notice is addressed: 3,034
You are the last known owner, according to the general tax 3,036
list, or a lienholder of, or a person with another interest in, 3,037
the following described parcel: 3,038
(Description as shown in complaint) 3,040
Such parcel has been included in an action instituted by 3,042
the county treasurer, being case No. ........ filed in the 3,043
.......... court, ..........., Ohio, on .........., 19...., 3,044
seeking the foreclosure, forfeiture, and sale of such parcel for 3,045
the nonpayment of delinquent taxes, assessments, charges, 3,046
penalties, and interest (specify which) in the amount of 3,047
$.......... 3,048
Any person owning or claiming any right, title, or interest 3,050
in, or lien upon, such parcel may file an answer in the action 3,051
setting forth the nature and amount of his THE PERSON'S interest 3,052
and any defense or objection to the foreclosure and forfeiture. 3,054
Any such answer shall be filed in the office of the undersigned 3,055
clerk of the court, and a copy of the answer shall be served upon 3,056
the prosecuting attorney, on or before .........., 19.... 3,057
(twenty-eight days after the publication of the associated notice 3,058
of foreclosure and forfeiture in accordance with law). 3,059
If no answer is filed, a judgment of foreclosure and 3,061
forfeiture will be taken by default and such parcel shall be 3,062
ordered sold for the satisfaction of the tax lien on it. 3,063
If, pursuant to the action, the property is sold for an 3,065
amount that is less than the amount of the delinquent taxes, 3,066
assessments, charges, penalties, and interest against it, the 3,067
court, in a separate order, may enter a deficiency judgment 3,068
against the owner of record of a parcel for the amount of the 3,069
77
difference. If that owner of record is a corporation, the court 3,070
may enter the deficiency judgment against the stockholder holding 3,071
a majority of that corporation's stock. 3,072
At any time prior to the filing of any entry of 3,074
confirmation of sale, any owner or lienholder of, or other person 3,075
with an interest in, a parcel may redeem the parcel by tendering 3,076
to the treasurer the full amount of the taxes, assessments, 3,077
charges, penalties, and interest due and unpaid on the parcel, 3,078
together with all costs incurred in the proceeding instituted 3,079
against the parcel under section 5721.14 of the Revised Code. 3,080
Upon the filing of any entry confirming the sale of the parcel, 3,081
there shall be no further equity of redemption. After the filing 3,082
of any such entry, any person claiming any right, title, or 3,083
interest in, or lien upon, the parcel shall be forever barred and 3,084
foreclosed of any such right, title, or interest in, lien upon, 3,085
and any equity of redemption in, the parcel. 3,087
............................ 3,088
Clerk of the Court 3,090
..................... Court 3,092
....................., Ohio" 3,094
Sec. 5721.181. The forms of caption, notice of 3,103
foreclosure, and notice to property owners, lienholders, and 3,104
other interested persons to be utilized in a foreclosure 3,105
proceeding instituted pursuant to division (B) of section 5721.18 3,106
of the Revised Code shall be in substance as follows: 3,107
(A) Form of caption: 3,109
"In the .......... court of .........., Ohio, 3,111
in the matter of the 3,113
foreclosure of liens for delinquent land taxes by action 3,115
in rem. 3,117
County treasurer of .......... county, Ohio, 3,119
Plaintiff 3,121
vs. 3,123
Parcels of land encumbered with delinquent tax liens, 3,125
78
defendants" 3,127
(B) Form of notice of foreclosure: 3,129
".......... court .......... county, Ohio 3,131
Notice of foreclosure of liens for delinquent land taxes, 3,133
by action in rem by county treasurer of .......... county, Ohio 3,134
Public notice is hereby given that on the .......... day of 3,136
.........., 19...., the county treasurer of .......... county, 3,137
Ohio, filed a complaint in the .......... court of .........., 3,138
Ohio, at .......... (stating the city), for the foreclosure of 3,139
liens for delinquent taxes, assessments, charges, penalties, and 3,140
interest against certain real property situated in such county, 3,141
as described in that complaint. 3,142
The object of the action is to obtain from the court a 3,144
judgment foreclosing the tax liens against such real estate and 3,145
ordering the sale of such real estate for the satisfaction of the 3,146
tax liens on it. 3,147
Such action is brought against the real property only and 3,149
no personal judgment shall be entered in it. However, if 3,150
pursuant to the action the property is sold for an amount that is 3,151
less than the amount of the delinquent taxes, assessments, 3,152
charges, penalties, and interest against it, the court, in a 3,153
separate order, may enter a deficiency judgment against the owner 3,154
of record of a parcel for the amount of the difference; if that 3,155
owner of record is a corporation, the court may enter the 3,156
deficiency judgment against the stockholder holding a majority of 3,157
the corporation's stock. 3,158
The permanent parcel number of each parcel included in such 3,160
action; the full street address of the parcel, if available; a 3,161
description of the parcel as set forth in the associated 3,162
delinquent land tax certificate or master list of delinquent 3,163
tracts; a statement of the amount of the taxes, assessments, 3,164
charges, penalties, and interest due and unpaid on the parcel; 3,165
the name and address of the last known owner of the parcel as 3,166
they appear on the general tax list; and the names and addresses 3,167
79
of each lienholder and other person with an interest in the 3,168
parcel identified in a statutorily required title search relating 3,169
to the parcel; all as more fully set forth in the complaint, are 3,170
as follows: 3,171
(Here set forth the respective permanent parcel numbers, 3,173
street addresses, descriptions, names and addresses of owners, 3,174
lienholders, and other interested persons, and statements of 3,175
amounts due as taxes, assessments, charges, penalties, and 3,176
interest, together with the respective serial numbers assigned to 3,177
each parcel if the complaint covers more than one parcel. If 3,178
parcels are identified in this notice by permanent parcel number 3,179
only, instead of also with a complete legal description, as 3,180
authorized by division (B)(1) of section 5721.18 of the Revised 3,181
Code, here also set forth where the complete legal description of 3,182
the parcel may be obtained.) 3,183
Any person owning or claiming any right, title, or interest 3,185
in, or lien upon, any parcel of real property above listed may 3,186
file an answer in such action setting forth the nature and amount 3,187
of interest owned or claimed and any defense or objection to the 3,188
foreclosure. Such answer shall be filed in the office of the 3,189
undersigned clerk of the court, and a copy of the answer shall be 3,190
served on the prosecuting attorney, on or before the .......... 3,191
day of .........., 19.... (twenty-eight days after the date of 3,192
final publication of this notice). 3,193
If no answer is filed with respect to a parcel listed in 3,195
the complaint, on or before the date specified as the last day 3,196
for filing an answer, a judgment of foreclosure will be taken by 3,197
default as to that parcel. Any parcel as to which a foreclosure 3,198
is taken by default shall be sold for the satisfaction of the 3,199
taxes, assessments, charges, penalties, and interest, and the 3,200
costs incurred in the foreclosure proceeding, which are due and 3,201
unpaid. 3,202
At any time prior to the filing of an entry of confirmation 3,204
of sale, any owner or lienholder of, or other person with an 3,205
80
interest in, a parcel listed in the complaint may redeem the 3,206
parcel by tendering to the treasurer the amount of the taxes, 3,207
assessments, charges, penalties, and interest due and unpaid on 3,208
the parcel, together with all costs incurred in the proceeding 3,209
instituted against the parcel under section 5721.18 of the 3,210
Revised Code. Upon the filing of any entry of confirmation of 3,211
sale, there shall be no further equity of redemption. After the 3,212
filing of any such entry, any person claiming any right, title, 3,213
or interest in, or lien upon, any parcel shall be forever barred 3,214
and foreclosed of any such right, title, or interest in, lien 3,215
upon, and any equity of redemption in, such parcel. 3,217
.......................... 3,218
Clerk of the Court 3,220
................... Court 3,222
..................., Ohio" 3,224
(C) Form of notice to owner, lienholders, and other 3,226
persons with an interest in a parcel: 3,227
"To the person to whom this notice is addressed: 3,229
You are the last known owner, according to the general tax 3,231
list, or a lienholder of, or a person with another interest in, 3,232
the following described parcel: 3,233
(Description as shown in complaint) 3,235
Such parcel has been included in an action instituted by 3,237
the county treasurer, being case No. ........ filed in the 3,238
.......... court, ..........., Ohio, on .........., 19...., 3,239
seeking the foreclosure and sale of such parcel for the 3,240
nonpayment of delinquent taxes, assessments, charges, penalties, 3,241
and interest (specify which) in the amount of $.......... 3,242
Any person owning or claiming any right, title, or interest 3,244
in, or lien upon, such parcel may file an answer in the action 3,245
setting forth the nature and amount of his THE PERSON'S interest 3,246
and any defense or objection to the foreclosure. Any such answer 3,248
shall be filed in the office of the undersigned clerk of the 3,249
court, and a copy of the answer shall be delivered to the 3,250
81
prosecuting attorney, on or before .........., 19.... 3,251
(twenty-eight days after the final publication of the associated 3,252
notice of foreclosure in accordance with law). 3,253
If no answer is filed, a judgment of foreclosure will be 3,255
taken by default and such parcel shall be ordered sold for the 3,256
satisfaction of the tax lien on it. 3,257
If, pursuant to the action, the property is sold for an 3,259
amount that is less than the amount of the delinquent taxes, 3,260
assessments, charges, penalties, and interest against it, the 3,261
court, in a separate order, may enter a deficiency judgment 3,262
against the owner of record of a parcel for the amount of the 3,263
difference. If that owner of record is a corporation, the court 3,264
may enter the deficiency judgment against the stockholder holding 3,265
a majority of that corporation's stock. 3,266
At any time prior to the filing of any entry of 3,268
confirmation of sale, any owner or lienholder of, or other person 3,269
with an interest in, a parcel may redeem the parcel by tendering 3,270
to the treasurer the full amount of the taxes, assessments, 3,271
charges, penalties, and interest due and unpaid on the parcel, 3,272
together with all costs incurred in the proceeding instituted 3,273
against the parcel under section 5721.18 of the Revised Code. 3,274
Upon the filing of any entry confirming the sale of the parcel, 3,275
there shall be no further equity of redemption. After the filing 3,276
of any such entry, any person claiming any right, title, or 3,277
interest in, or lien upon, the parcel shall be forever barred and 3,278
foreclosed of any such right, title, or interest in, lien upon, 3,279
and any equity of redemption in, the parcel. 3,281
............................ 3,282
Clerk of the Court 3,284
..................... Court 3,286
....................., Ohio" 3,288
Sec. 5721.191. (A) Subject to division (B) of this 3,297
section, the form for the advertisement of a sale conducted 3,298
pursuant to section 5721.19 of the Revised Code shall be as 3,299
82
follows: 3,300
"Notice of sale under judgment of foreclosure of liens for 3,303
delinquent land taxes 3,304
In the ............... court of ............., Ohio 3,306
case no. 3,308
in the matter of foreclosure of liens for 3,310
delinquent land taxes 3,312
county treasurer of ........................., Ohio 3,315
Plaintiff, 3,316
vs. 3,318
parcels of land encumbered with delinquent 3,320
tax liens, 3,323
Defendants. 3,324
Whereas, judgment has been rendered against certain parcels 3,326
of real property for taxes, assessments, charges, penalties, 3,327
interest, and costs as follows: 3,328
(Here set out, for each parcel, the respective permanent 3,330
parcel number, full street address, description of the parcel, 3,331
name and address of the last known owners of the parcel as shown 3,332
on the general tax list, and total amount of the judgment) and; 3,333
Whereas, such judgment orders such real property to be sold 3,335
by the undersigned to satisfy the total amount of such judgment; 3,336
Now, therefore, public notice is hereby given that I, 3,338
.................... (officer) of .........................., 3,339
Ohio, will sell such real property at public auction, for cash, 3,340
to the highest bidder of an amount that equals at least (insert 3,341
here, as in the court's order, the fair market value of the 3,342
parcel as determined by the county auditor, or the total amount 3,343
of the judgment, including all taxes, assessments, charges, 3,344
penalties, and interest payable subsequent to the delivery to the 3,345
prosecuting attorney of the delinquent land tax certificate or 3,346
master list of delinquent tracts and prior to the transfer of the 3,347
deed of the property to the purchaser following confirmation of 3,348
sale), between the hours of ......... a.m. and ....... p.m., at 3,349
83
(address and location) in ..............., Ohio, on ..........., 3,350
the .......... day of ..............., 19.... If any parcel does 3,351
not receive a sufficient bid, it shall be offered for sale, under 3,352
the same terms and conditions of the first sale and at the same 3,353
time of day and at the same place, on ................, the 3,354
............ day of ............., 19..., for an amount that 3,355
equals at least (insert here, as in the court's order, the fair 3,356
market value of the parcel as determined by the county auditor, 3,357
or the total amount of the judgment, including all taxes, 3,358
assessments, charges, penalties, and interest payable subsequent 3,359
to the delivery to the prosecuting attorney of the delinquent 3,360
land tax certificate or master list of delinquent tracts and 3,361
prior to the transfer of the deed of the property to the 3,362
purchaser following confirmation of sale)." 3,363
(B) If the title search required by division (B) of 3,365
section 5721.18 of the Revised Code that relates to a parcel 3,366
subject to an in rem action under that division, or if the title 3,367
search that relates to a parcel subject to an in personam action 3,368
under division (A) of section 5721.18 of the Revised Code, 3,369
indicates that a federal tax lien exists relative to the parcel, 3,370
then the form of the advertisement of sale as described in 3,371
division (A) of this section additionally shall include the 3,372
following statement in boldface type: 3,373
"PUBLIC NOTICE IS HEREBY GIVEN THAT (INSERT HERE THE 3,375
DESCRIPTION OF EACH RELEVANT PARCEL) TO BE SOLD AT PUBLIC AUCTION 3,376
IS SUBJECT TO A FEDERAL TAX LIEN THAT MAY NOT BE EXTINGUISHED BY 3,377
THE SALE. 3,379
...................... 3,380
(officer)" 3,382
(C) If the proceedings for foreclosure were instituted 3,384
under division (C) of section 5721.18 of the Revised Code, then 3,385
the form of the advertisement of sale as described in division 3,386
(A) of this section additionally shall include the following 3,387
statement in boldface type: 3,388
84
"Public notice is hereby given that (insert here the 3,390
description of each relevant parcel) to be sold at public auction 3,391
will be sold subject to all liens and encumbrances with respect 3,392
to the parcel, other than the liens for land taxes, assessments, 3,393
charges, penalties, and interest for which the lien was 3,394
foreclosed and in satisfaction of which the property is sold. 3,396
...................... 3,397
(officer)" 3,399
Sec. 5901.29. The funeral director employed to perform the 3,408
service described by section 5901.25 of the Revised Code shall 3,409
use the blanks provided by this section, specifying what the 3,410
funeral director is to furnish for the service. The contract 3,412
shall be signed by the funeral director and a copy thereof left 3,413
with the veterans service commission with which it is made. Such 3,414
contract shall read as follows: 3,415
"I ................, funeral director, residing at 3,417
................. hereby agree to furnish the following items for 3,418
the burial or cremation (circle one) of ..............., who 3,419
resided at ..................., and died ............... 3,420
19,........., which shall consist of: 3,422
(A) One casket, nicely covered with a good quality of 3,424
black cloth, lined with a good quality of white satin or other 3,425
material, and trimmed on the outside with handles of a fair 3,426
quality in keeping with the casket; 3,427
(B) One burial robe of a good quality of material; 3,429
(C) One plain box appropriate for receiving the coffin or 3,431
urn containing cremated remains inside the grave; 3,432
(D) Payment for digging the grave, in the place designated 3,434
by the friends of the deceased or as otherwise provided, and for 3,435
filling the grave in a proper manner; 3,436
(E) Furnishing a funeral car for conveying the remains to 3,438
the place of burial or crematory; 3,439
(F) Preparing the body for burial when so requested; 3,441
(G) Furnishing necessary transportation for the use of the 3,443
85
family, friends, and pallbearers, which people shall be returned 3,444
to their respective homes or to the place where the funeral 3,445
services were held; 3,446
(H) Furnishing a decent, respectable funeral, for the sum 3,448
of ...... dollars." 3,449
Sec. 5907.08. When a resident of the Ohio veterans' home 3,458
becomes insane, the commandant shall file with the probate judge 3,459
of the county in which the home is located substantially the 3,461
following affidavit: The
"THE State of Ohio,.......... county, ss. ..........., 3,464
commandant of the Ohio veterans' home, being duly sworn, says 3,465
that he THE COMMANDANT believes that ............, a resident 3,466
thereof OF THE HOME, is insane; that, in consequence of his THE 3,467
RESIDENT'S insanity, his THE RESIDENT'S being at large is 3,468
dangerous to the community, and that he THE RESIDENT was received 3,469
into the home from ............ county, on the ...... day of 3,471
........., 19.....
....................A.B." 3,473
Sec. 5919.10. All men PERSONS enlisting in the Ohio 3,482
national guard shall sign an enlistment contract and subscribe to 3,484
the following oath of enlistment: " 3,485
"I do hereby acknowledge to have voluntarily enlisted this 3,488
...... day of ......, 19..., as a soldier in the national guard 3,489
of the United States and of the state of Ohio, for the period of 3,490
...... year ......, under the conditions prescribed by law, 3,491
unless sooner discharged by proper authority. And I do solemnly 3,492
swear that I will bear true faith and allegiance to the United 3,493
States of America and to the state of Ohio, and that I will serve 3,494
them honestly and faithfully against all their enemies
whomsoever, and that I will obey the orders of the president of 3,495
the United States and of the governor of the state of Ohio, and 3,496
of the officers appointed over me according to law and the 3,497
regulations and uniform code of military justice." This 3,498
THIS section shall not apply to personnel transferred or 3,501
86
assigned to the Ohio national guard under the laws and 3,502
regulations of the United States. 3,503
Sec. 5920.08. All persons enlisted in the Ohio military 3,512
reserve shall sign an enlistment contract and take and subscribe 3,513
to an oath of enlistment as follows: 3,514
"I do hereby acknowledge to have voluntarily enlisted 3,516
this..................day of..............................., 3,518
19........., as a member of the Ohio military reserve for a 3,519
period of three years, under the conditions prescribed by law, 3,520
unless sooner discharged by proper authority. And I do solemnly
swear that I will bear true faith and allegiance to the United 3,521
States of America and to the state of Ohio; that I will serve 3,522
them honestly and faithfully against all their enemies 3,523
whomsoever; and that I will obey the orders of the governor of 3,524
the state of Ohio and of the officers appointed over me according
to law and the rules and regulations in accordance therewith." 3,526
Sec. 5921.05. Enlisted members shall be enlisted according 3,535
to regulations prescribed by the department of the navy for the 3,536
governing of similar naval organizations. 3,537
All persons enlisted in the Ohio naval militia shall sign 3,539
an enlistment contract and take and subscribe to an oath of 3,540
enlistment as follows:
"I do hereby acknowledge to have voluntarily enlisted this 3,542
............... day of ..............., 19.........., as a member 3,543
of the Ohio naval militia for a period of three years, under the 3,545
conditions prescribed by law, unless sooner discharged by proper 3,546
authority. And I do solemnly swear that I will bear true faith 3,547
and allegiance to the United States of America and to the state
of Ohio; that I will serve them honestly and faithfully against 3,548
all their enemies whomsoever; and that I will obey the orders of 3,549
the governor of the state of Ohio and of the officers appointed 3,550
over me according to law and the rules in accordance therewith." 3,551
Sec. 6101.84. The following forms illustrate the character 3,560
of the procedure contemplated by sections 6101.01 to 6101.84 of 3,561
87
the Revised Code THIS CHAPTER, and, if substantially complied 3,563
with, those things being changed which should be changed to meet 3,564
the requirements of the particular case, such procedure shall be 3,565
held to meet the requirements of such sections THIS CHAPTER. 3,566
(A) Form of Notice of Hearing on the Petition: 3,568
"To all Persons and Public Corporations Interested: 3,570
Public Notice is Hereby Given: 3,572
(1) That on the ...... day of .........., 19...., pursuant 3,574
to the Conservancy Law of Ohio, there was filed in the office of 3,575
the Clerk of the Court of Common Pleas of ........... County, 3,576
Ohio, the petition of ............ and others for the 3,577
establishment of a Conservancy District to be known as .......... 3,578
Conservancy District. 3,579
(Here insert the purposes) 3,581
(2) That the lands sought to be included in said District 3,583
comprise lands in .......... and .......... Counties, Ohio, 3,584
described substantially as follows: 3,585
Beginning on the north line of .......... County at its 3,587
point of intersection with the west bank of the .......... River; 3,588
thence west along the north line of .......... County to the high 3,589
bluffs facing said .......... River on the west; thence following 3,590
the base of the line of said bluffs to the north line of the 3,591
right of way of the .......... Railroad; thence west along the 3,592
north right of way line of said Railroad to the center line of 3,593
........... Avenue in the Village of ..........; thence south 3,594
along the center line of .......... Avenue to the .......... 3,595
Pike; thence southeasterly along the .......... Pike to the 3,596
southeasterly line of the right of way of the .......... 3,597
Railroad; thence southeasterly along said right of way line to 3,598
the corporate limits of the City of ..........; thence with said 3,599
corporation line southerly, easterly, and northerly to the 3,600
southerly right of way line of the main track of the .......... 3,601
Railroad; thence easterly along said last named right of way line 3,602
to the boundary line between .......... Counties; thence north 3,603
88
along said County line to the southerly line of .......... 3,604
County; thence easterly along the dividing line between 3,605
.......... Counties to the easterly line of the right of way of 3,606
the .......... Railroad; thence northerly along said right of way 3,607
line to its intersection with the .......... Pike; thence 3,608
westerly along said Pike to the center line of the bridge over 3,609
.......... Creek; thence up said Creek and along the center line 3,610
thereof to the north line of .......... County; thence west to 3,611
the place of beginning. 3,612
Or, if found more convenient, the lands sought to be 3,614
included in the District may be described as follows: 3,615
All of Township .......... in Range ...... between the 3,617
.......... Railroad and the .......... River; the following lands 3,618
in .......... Township and ...... Range; Section ...... and the 3,619
...... half of Section ......; also all lands within the 3,620
corporate limits of the City of .......... etc. 3,621
(3) That a public hearing on said petition will be had in 3,623
said Court on ....... the ...... day of ........, ...., at the 3,624
hour of ...... o'clock .....M. by the Court of Common Pleas of 3,625
.......... County, at the Courthouse in the City of .......... 3,626
County, Ohio.
All persons and public corporations interested will be 3,628
given the opportunity to be heard at the time and place above 3,629
specified. 3,630
................................... 3,632
Clerk of the Court of Common Pleas 3,633
of .................. County, Ohio. 3,634
Dated .........., Ohio, .............., 19...." 3,637
(B) Form of Finding on Hearing: 3,639
"State of Ohio, ) 3,641
) ss. 3,642
.......... County ) 3,643
In the Court of Common Pleas of .......... County. In 3,645
Matter of .......... Conservancy District: 3,646
89
FINDINGS AND DECREE ON HEARING 3,647
On this ...... day of ........, 19...., this cause coming 3,649
on for hearing upon the petition of .......... and others, for 3,650
the organization of a Conservancy District under the Conservancy 3,651
Law of Ohio, the Court, after a full hearing now here finds: 3,652
(1) That it has jurisdiction of the parties to and the 3,654
subject matter of this proceeding. 3,655
(2) That the purposes for which said District is 3,657
established are: 3,658
(Insert the purposes) 3,659
And that it is a public necessity. 3,661
(3) That the public safety, health, convenience, and 3,663
welfare will be promoted by the organization of a Conservancy 3,664
District substantially as prayed in said petition (if additional 3,665
lands are added by petition) except, that the following 3,666
additional lands at the petition of the owners thereof should be 3,667
and hereby are included in said District: 3,668
(Here insert additional lands) 3,669
(4) That the boundaries of said District as modified by 3,671
the last finding herein are as follows: (Here insert corrected 3,672
boundaries of district) 3,673
(5) That the said territory last above described should be 3,675
erected into and created a Conservancy District under the 3,676
Conservancy Law of Ohio under the corporate name of ............ 3,677
Conservancy District. 3,678
Wherefore, it is by the Court ordered, adjudged, and 3,680
decreed: 3,681
That the territory as above described be, and the same 3,683
hereby is erected into and created a Conservancy District under 3,684
the Conservancy Law of Ohio under the corporate name of ......... 3,685
Conservancy District, with its office or principal place of 3,686
business at .........., in .......... County, Ohio. (If 3,687
directors are appointed at the same time) And the following 3,688
persons are hereby appointed directors of said Conservancy 3,689
90
District: 3,690
..............., for the term of three years, 3,692
..............., for the term of four years (if the 3,694
district includes all or parts of more than sixteen counties), 3,695
..............., for the term of five years, 3,697
..............., for the term of six years (if the district 3,699
includes all or parts of more than sixteen counties), 3,700
..............., for the term of seven years, who are 3,702
hereby directed to qualify and proceed according to law. 3,703
(6) For consideration of other matters herein, this cause 3,705
is retained on the docket. 3,706
.............................. 3,707
Judge" 3,708
(C) Form of Notice to Persons and Public Corporations to 3,711
pay Assessment: 3,712
"To all Persons and Public Corporations Interested: 3,714
Public Notice is Hereby Given: 3,716
(1) That on the ...... day of ........, 19...., the Board 3,718
of Directors of The .......... Conservancy District duly levied 3,719
an assessment upon all the benefited property and public 3,720
corporations in said District in the aggregate sum of $........., 3,721
has caused the same to be recorded upon the Assessment Record of 3,722
said District, and that said Assessment Record is now on file in 3,723
the office of the District at ............ 3,724
(2) That the assessment against any parcel of land or any 3,726
public corporation may be paid to the Treasurer of The .......... 3,727
Conservancy District at any time on or prior to .........., 19 3,728
...., without costs and without interest, and if so paid a 3,730
discount of ten per cent of the assessment will be allowed 3,731
according to law.
(3) That as soon after the ..... day of ........, 19...., 3,733
as conveniently may be, the Board of Directors of said District 3,734
will divide the uncollected assessment into convenient 3,735
installments, provide for the collection of interest on the 3,736
91
unpaid installments, and will issue bonds bearing interest not 3,737
exceeding the rate provided in section 9.95 of the Revised Code 3,738
in anticipation of the collection of the several installments of 3,739
said assessment pursuant to the Conservancy Law of Ohio. 3,740
.............................. 3,741
President 3,743
.............................. 3,745
Secretary" 3,747
(D) Form of Bond and of Coupon: 3,750
(Form of Bond) 3,751
"No. ......................... $ ............................ 3,753
UNITED STATES OF AMERICA 3,756
State of Ohio 3,757
............. Conservancy District. 3,758
Conservancy Bond. 3,759
Know all Men PERSONS by These Presents that ........... 3,761
Conservancy District, a legally organized Conservancy District of 3,762
the State of Ohio, acknowledges itself to owe and for value 3,763
received hereby promises to pay to bearer ........ Dollars 3,764
($........) on the first day of ........, 19...., with interest 3,765
thereon from the date hereof until paid at the rate of ...... per 3,766
cent per annum, payable ........, 19...., and semiannually 3,767
thereafter on the first day of ........ and of ........ in each 3,768
year on presentation and surrender of the annexed interest 3,769
coupons as they severally become due. Both principal and 3,770
interest of this bond are hereby made payable in lawful money of 3,771
the United States of America, at the office of the Treasurer of 3,772
State, in the City of Columbus, Ohio. 3,773
This bond is one of a series of bonds issued by ........... 3,775
Conservancy District for the purpose of paying the cost of 3,776
constructing a system of flood prevention (or for the other 3,777
works) for said District and in anticipation of the collection of 3,778
the several installments of an assessment duly levied upon lands 3,779
and public corporations within said District and benefited by 3,780
92
said improvement in strict compliance with the Conservancy Law of 3,781
Ohio, and pursuant to an order of the Board of Directors of said 3,782
District duly made and entered of record. 3,783
And it is hereby certified and recited that all acts, 3,785
conditions, and things required to be done in locating and 3,786
establishing said District and in equalizing appraisals of 3,787
benefits and in levying assessments against lands and public 3,788
corporations benefited thereby, and in authorizing, executing, 3,789
and issuing this bond, have been legally had, done, and performed 3,790
in due form of law; that the total amount of bonds issued by said 3,791
District does not exceed ninety per cent of the assessments so 3,792
levied and unpaid at the time said bonds are issued or any legal 3,793
limitation thereof. 3,794
And for the performance of all the covenants and 3,796
stipulations of this bond and of the duties imposed by law upon 3,797
said District for the collection of the principal and interest of 3,798
said assessments and the application thereof to the payment of 3,799
this bond and the interest thereon, and for the levying of such 3,800
other and further assessments as are authorized by law and as may 3,801
be required for the prompt payment of this bond and the interest 3,802
thereon, the full faith, credit, and resources of said .......... 3,803
Conservancy District are hereby irrevocably pledged. 3,804
In Testimony Whereof the Board of Directors of ............ 3,806
Conservancy District has caused this bond to be signed by its 3,807
President and sealed with the corporate seal of said District, 3,808
attested by its Secretary, and registered by the Treasurer of 3,809
State, and the coupons hereto annexed to be executed by the 3,810
facsimile signatures of said President and Secretary, as of the 3,811
............ day of ................, 19..... 3,812
.............................. 3,813
President 3,814
Attest: 3,815
........................ 3,816
Secretary" 3,818
93
(Form of Coupon) 3,820
"$....................... 3,822
(..........) 3,824
On the first day of ( ) 19,.... 3,825
(..........) 3,826
.................... Conservancy District promises to pay 3,828
to bearer ................ Dollars ($..........) lawful money of 3,829
the United States of America, at the office of the Treasurer of 3,830
State, Columbus, Ohio, being semiannual interest due on that date 3,831
on its Conservancy Bond dated ................, 19..... 3,832
.............................. 3,833
President 3,834
No. .................... 3,837
........................ 3,839
Secretary" 3,841
(E) Form of Notice of Enlargement of District: 3,843
"State of Ohio, ) 3,845
) ss. 3,846
County of ............. ) 3,847
In the Court of Common Pleas, 3,849
................ County, Ohio. 3,851
In the Matter of 3,853
.................. Conservancy District 3,855
NOTICE OF ENLARGEMENT OF DISTRICT 3,857
To All Persons (and Public Corporations, if any) 3,859
Interested:
Public Notice Is Hereby Given: 3,861
(1) That heretofore on the ...... day of .........., 3,864
19...., the Court of Common Pleas of ................ County,
Ohio, duly entered a final decree erecting and creating 3,865
................ Conservancy District and appointing a Board of 3,866
Directors therefor. 3,867
(2) That thereafter this Court duly appointed 3,869
........................ 3,871
94
........................ 3,873
........................ 3,875
........................ (if the district includes all or 3,877
parts of more than sixteen counties) 3,878
........................ (if the district includes all or 3,880
parts of more than sixteen counties) 3,881
to be the Board of Appraisers for said District. That said 3,883
Board of Appraisers on the ........ day of ............, 19...., 3,884
filed its report recommending that the following described lands, 3,886
not originally included in the District, be added thereto: 3,887
(Here describe generally the lands which the Report of the 3,889
Board of Appraisers recommends should be added to the District). 3,890
(3) That on ........, the ........ day of .............., 3,892
19...., (or as soon thereafter as the convenience of the Court 3,893
will permit), at the Courthouse in ............ of 3,894
.............., Ohio, the Court of Common Pleas of 3,895
.................. County, Ohio, will hear all persons and public 3,896
corporations interested upon the question whether said lands 3,897
should be added to and included in said .................... 3,898
Conservancy District. 3,899
................................... 3,900
Clerk of the Court of Common Pleas 3,901
of ........................ County,
Ohio" 3,902
(F) Form of Notice of Hearing on Appraisals: 3,905
"State of Ohio, ) 3,907
) ss. 3,908
County of .............. ) 3,909
In the Court of Common Pleas, ........... County, Ohio. 3,911
In the Matter of ) 3,913
) 3,914
......... Conservancy District ) 3,915
NOTICE OF HEARING ON APPRAISALS 3,917
To all Persons and Public Corporations Interested: 3,919
95
Public Notice Is Hereby Given: 3,921
(1) That heretofore on the ........ day of ............., 3,923
19...., the Court of Common Pleas of ................ County, 3,924
Ohio, duly entered a decree erecting and creating ............... 3,925
Conservancy District and appointing a Board of Directors 3,926
therefor. 3,927
(2) That thereafter this Court duly appointed 3,929
................................................................. 3,930
the Board of Appraisers for said District. That said Board of 3,931
Appraisers on the ........ day of ................, 19...., filed 3,932
its Appraisals of Benefits and Damages and of land to be taken as 3,933
follows: (Here insert general description of land appraised) 3,934
The said appraisal of benefits and damages and of land to 3,936
be taken is now on file in the office of the clerk of this court. 3,937
(3) All public corporations and all persons, owners of or 3,939
interested in the property described in said Report, whether as 3,940
benefited property or as property taken and damaged (whether said 3,941
taken or damaged property lies within or without said District), 3,942
desiring to contest the appraisals as made and returned by the 3,943
Board of Appraisers, must file their objections in said court on 3,944
or before the ........ day of ................, 19...., (here 3,945
insert a date thirty days after the last publication of the 3,946
notice) and a hearing on said appraisal will be had on the 3,947
........ day of ................, 19...., (here insert a date not 3,948
less than forty, nor more than fifty, days after the date of the 3,949
last publication of this notice, as fixed by the court) in the 3,950
City of .................., Ohio, at which time an opportunity 3,951
will be afforded all objectors to be heard upon their several 3,952
objections. 3,953
................................... 3,955
Clerk of the Court of Common Pleas 3,957
of ................... County, Ohio
Dated at the City of .................., Ohio, this ....... 3,960
day of .................., 19....." 3,961
96
(G) Form of Certificate of Assessment Record: 3,963
"This is to Certify: 3,965
(1) That on the ........ day of ................, 19...., 3,967
the Board of Directors of The .................. Conservancy 3,968
District duly levied an assessment upon all the benefited 3,969
property and public corporations in said District in the 3,970
aggregate sum of $............, together with interest, and duly 3,971
apportioned said assessment to and levied said assessment upon 3,972
each tract of land or other property and each public corporation 3,973
in said District in proportion to the benefits thereto. 3,974
(2) That the said assessment and the apportionment thereof 3,976
upon the benefited lands and public corporations have been 3,977
recorded in the Conservancy Assessment Record of The 3,978
.................. Conservancy District which contains in tabular 3,979
form notation of the items of property and the public 3,980
corporations to which benefits have been appraised, the total 3,981
amount of benefits appraised against each item or public 3,982
corporation and the total assessment levied against each item or 3,983
public corporation.
(3) That the Conservancy Assessment Record of The 3,985
................ Conservancy District contains a true and correct 3,986
record of the benefits approved and confirmed by the Court and of 3,987
the assessment levied by the Board of Directors thereof on 3,988
........ day of ............, 19..... 3,989
IN WITNESS WHEREOF, the President and Secretary, 3,991
respectively, of the Board of Directors of The ................ 3,992
Conservancy District have hereunto set their hands and the 3,993
corporate seal of the said District this ........ day of 3,994
............, 19..... 3,995
................................... 3,996
President 3,997
................................... 3,998
Secretary" 3,999
(H) Form of Certificate of Annual Levy: 4,001
97
"This is to Certify: 4,003
(1) That on the ........ day of ............, 19...., the 4,005
Board of Directors of The ................ Conservancy District 4,006
determined, ordered, and levied the Annual Levy of 19.... (YEAR) 4,008
upon all the benefited property and public corporations in said 4,009
District in the aggregate sum of $................ for the 4,010
account of the Bond Retirement Fund of said District and pursuant 4,011
to and being a part of assessments heretofore levied. 4,012
(2) That the said Board of Directors has duly apportioned 4,014
said Annual Levy to all of the benefited properties and public 4,015
corporations in said District and that the respective amounts of 4,016
said Annual Levy imposed upon the benefited properties and public 4,017
corporations have been recorded in the Conservancy Assessment 4,018
Book of The ................ Conservancy District, which contains 4,019
a schedule thereof. 4,020
(3) That on the ........ day of ............, 19...., the 4,022
Board of Directors of The ................ Conservancy District 4,023
duly levied a maintenance assessment for the year 19...., in the 4,024
aggregate sum of $............ for the account of the Maintenance 4,025
Fund of said District. That said maintenance assessment has been 4,026
duly apportioned to the benefited properties and public 4,027
corporations in said District in proportion to benefits and that 4,028
the amounts of said maintenance assessment imposed upon the 4,029
properties and public corporations in said District have been 4,030
recorded in the Conservancy Assessment Book of The 4,031
................ Conservancy District. 4,032
(4) That the Conservancy Assessment Book contains a true 4,034
and correct record of the Annual Levy of 19.... (YEAR) and of the 4,036
maintenance assessment for the year 19.... as determined, 4,037
ordered, and levied by the Board of Directors of The 4,038
................. Conservancy District on the ........ day of 4,039
............, 19..... 4,040
(5) That the said amounts of said Annual Levy and of said 4,042
maintenance assessment shall be collectible and payable in the 4,043
98
year 19.... in the sums specified at the same time that the state 4,044
and county taxes are due and collectibel COLLECTIBLE. 4,045
IN WITNESS WHEREOF, the President and Secretary, 4,047
respectively, of the Board of Directors of the ................ 4,048
Conservancy District have hereunto set their hands and the 4,049
corporate seal of this said District this ........ day of 4,050
............, 19..... 4,051
................................... 4,052
President 4,053
................................... 4,054
Secretary" 4,055
Sec. 6115.79. The following forms illustrate the character 4,064
of the procedure contemplated by this chapter, and if 4,065
substantially complied with, those things being changed which 4,066
should be changed to meet the requirements of the particular 4,067
case, such procedure shall be held to meet the requirements of 4,068
such sections THIS CHAPTER. 4,069
(A) Form of Notice of Hearing on the Petition: 4,071
"To All Persons Interested: 4,073
Public Notice is Hereby Given: 4,075
(1) That on the .......... day of .............., 19...., 4,077
pursuant to The Sanitary District Law of Ohio, there was filed in 4,078
the office of the Clerk of the Court of Common Pleas of 4,079
............. County, Ohio, the petition of 4,080
...................... and others for the establishment of a 4,081
Sanitary District to be known as .................... Sanitary 4,082
District. (Here insert the purposes.) 4,083
(2) That the lands sought to be included in the District 4,085
comprise lands in .................. and .................. 4,086
Counties, Ohio, described substantially as follows: 4,087
Beginning on the north line of ...................... 4,089
County at its point of intersection with the west bank of the 4,090
............ River; thence west along the north line of 4,091
............ County to the high bluffs facing the ............ 4,092
99
River on the west; thence following the base of the line of said 4,093
bluffs to the north line of the right-of-way of the 4,094
...................... Railroad; thence west along the north 4,095
right-of-way line of the Railroad to the center line of 4,096
................ Avenue in the Village of ..................; 4,097
thence south along the center line of ................ Avenue to 4,098
the ................ Pike; thence southeasterly along the 4,099
................ Pike to the southeasterly line of the 4,100
right-of-way of the ................ Railroad; thence 4,101
southeasterly along the right-of-way line to the corporate limits 4,102
of the City of ................; thence with the corporation line 4,103
southerly, easterly, and northerly to the southerly right-of-way 4,104
line of the main track of the ................ Railroad; thence 4,105
easterly along the last named right-of-way line to the boundary 4,106
line between ................ Counties; thence north along the 4,107
County line to the southerly line of ................. County; 4,108
thence easterly along the dividing line between ................ 4,109
Counties to the easterly line of the right-of-way of the 4,110
................ Railroad; thence northerly along the 4,111
right-of-way line to its intersection with the ................ 4,112
Pike; thence westerly along the Pike to the center line of the 4,113
bridge over ................ Creek; thence up the Creek and along 4,114
the center line thereof to the north line of .............. 4,115
County; thence west to the place of beginning. 4,116
Or, if found more convenient, the lands sought to be 4,118
included in the District may be described as follows: 4,119
All of Township ................ in Range ................ 4,121
between the ................ Railroad and the .................. 4,122
River; the following lands in .......... Township and ........... 4,123
Range; Section .......... and the ................ half of 4,124
Section ................; also all lands within the corporate 4,125
limits of the City of .................. etc. 4,126
(3) That a public hearing on the petition will be had in 4,128
said Court on .......... the ............ day of ............, 4,129
100
...., at the hour of ........ o'clock ......M. by the Court of 4,130
Common Pleas of .................... County, at the Courthouse in 4,131
the City of .................., .................. County, Ohio. 4,132
All persons and public corporations owning or interested in 4,134
real estate within the territory hereinbefore described will be 4,135
given the opportunity to be heard at the time and place above 4,136
specified. 4,138
............................................... 4,139
Clerk of the Court of Common Pleas of ......... 4,141
County, Ohio. 4,143
Dated ................, Ohio, ................, 19...." 4,145
(B) Form of Finding on Hearing: 4,147
"State of Ohio, ) 4,149
) ss. 4,151
.................... County ) 4,153
In the Court of Common Pleas ............ County. In 4,155
IN THE Matter of ................ 4,157
................ Sanitary District: 4,159
FINDINGS AND DECREE ON HEARING. 4,161
On this ............ day of ................, 19...., this 4,163
cause coming on for hearing on the petition of .............. and 4,165
others, for the organization of a Sanitary District under the
Sanitary District Law of Ohio, the Court, after a full hearing 4,166
now here finds: 4,167
(1) That it has jurisdiction of the parties to and the 4,169
subject matter of this proceeding. 4,170
(2) That the purposes for which said District is 4,172
established are: 4,173
(Insert the purposes.) 4,175
And that it is a public necessity. 4,177
(3) That the public safety, health, convenience, and 4,179
welfare will be promoted by the organization of a Sanitary 4,180
District substantially as prayed in the petition (if additional 4,181
lands are added by petition), except that the following 4,182
101
additional lands at the petition of the owners thereof should be 4,183
and hereby are included in the District: 4,184
(Here insert additional lands.) 4,186
(4) That the boundaries of the District as modified by the 4,188
last finding herein are as follows: 4,189
(Here insert corrected boundaries of district.) 4,190
(5) That the territory last above described should be 4,192
erected into and created a Sanitary District under the Sanitary 4,193
District Law of Ohio under the corporate name of ................ 4,194
Sanitary District. 4,195
Wherefore, it is by the Court ordered, adjudged, and 4,197
decreed: 4,198
That the territory as above described be, and the same 4,200
hereby is erected into and created a Sanitary District under the 4,201
Sanitary District Law of Ohio under the corporate name of 4,202
................ Sanitary District, with its office or principal 4,203
place of business at ................, in ................ 4,204
County, Ohio. (If directors are appointed at the same time.) And 4,205
the following persons are hereby appointed directors of the 4,206
Sanitary District: 4,207
................ for the term of three years, 4,209
................ for the term of five years, 4,211
................ for the term of seven years, 4,213
who are hereby directed to qualify and proceed according to law. 4,215
(6) For consideration of other matters herein, this cause 4,217
is retained on the docket. 4,219
............................ Judge." 4,220
(C) Form of Notice to Property Owners to Pay Assessment: 4,222
".................. Sanitary District. 4,224
To All Persons Interested: 4,226
Public Notice is Hereby Given: 4,228
(1) That on the ................ day of ................, 4,230
19...., the Board of Directors of ................ Sanitary 4,231
District duly levied for the account of the Bond Fund of said 4,232
102
District an assessment upon all the property in the District in 4,233
the aggregate sum of $................, has caused the same to be 4,234
extended upon the assessment duplicate of said District, and that 4,235
the assessment duplicate is now in process of collection by the 4,236
County Treasurer of the County in which the lands are situated. 4,237
(2) That the entire assessment against any parcel of land 4,239
may be paid at any time on or prior to ................, 19...., 4,240
without costs and without interest. 4,241
(3) That as soon after the ........ day of .............., 4,243
19...., as conveniently may be, the Board of Directors of the 4,244
District will divide the uncollected portion of the assessment 4,245
into convenient installments and will issue bonds bearing 4,246
interest not exceeding the rate provided in section 9.95 of the 4,247
Revised Code in anticipation of the collection of the several 4,248
installments of said assessment, pursuant to the Sanitary 4,249
District Law of Ohio. 4,251
................................ 4,252
President. 4,254
................................ 4,256
Secretary." 4,258
(D) Form of Notice of Enlargement of District: 4,260
"State of Ohio, ) 4,262
) ss. 4,264
County of ................... ) 4,267
In the Court of Common Pleas 4,268
............... County, Ohio 4,270
In the Matter of 4,272
............... Sanitary District: 4,274
NOTICE OF ENLARGEMENT OF DISTRICT. 4,276
NOTICE OF ENLARGEMENT OF DISTRICT. 4,278
To All Persons (and Public Corporations, if any) 4,280
Interested: Public 4,282
PUBLIC Notice is Hereby Given: 4,283
(1) That heretofore on the ...... day of ............., 4,286
103
19..., the Court of Common Pleas of ......... County, Ohio, duly
entered a final decree erecting and creating ................... 4,287
Sanitary District and appointing a Board of Directors therefor. 4,288
(2) That thereafter this Court duly appointed 4,291
........................ 4,292
........................ 4,294
........................ 4,296
to be the Board of Appraisers for said District. That the Board 4,298
of Appraisers on the ..... day of .........., 19...., filed its 4,299
report recommending that the following described lands, not 4,300
originally included in the District, be added thereto: (Here 4,302
describe generally the lands which the Report of the Board of 4,303
Appraisers recommends should be added to the District.)
(3) That on ........., the ....... day of ..............., 4,305
19...., (or as soon thereafter as the convenience of the Court 4,306
will permit), at the Courthouse in ......... of ................, 4,307
Ohio, the Court of Common Pleas of .......... County, Ohio, will 4,308
hear all persons and public corporations, who are owners of or 4,309
interested in the property described in this notice upon the 4,310
question whether the lands should be added to and included in the 4,311
................ Sanitary District. 4,313
..................................... 4,314
Clerk of the Court of Common Pleas of 4,316
........................ County, Ohio" 4,318
(E) Form of Notice of Hearing on Appraisals: 4,320
"State of Ohio, ) 4,322
) ss. 4,324
County of ..................... ) 4,327
In the Court of Common Pleas 4,328
............... County, Ohio 4,330
In the matter of 4,332
"......................." SANITARY DISTRICT: 4,335
Sanitary District 4,337
NOTICE OF HEARING ON APPRAISALS. 4,339
104
To All Persons and Public Corporations Interested: 4,341
Public Notice is Hereby Given: 4,343
(1) That heretofore on the ...... day of ........., 19..., 4,345
the Court of Common Pleas of ........... County, Ohio, duly 4,346
entered a decree, erecting and creating ............... Sanitary 4,347
District and appointing a Board of Directors therefor. 4,348
(2) That thereafter this Court duly appointed 4,351
............................. 4,352
............................. 4,354
............................. 4,356
the Board of Appraisers for said District. That the Board of 4,358
Appraisers on the ...... day of ............, 19...., filed its 4,359
Appraisal of Benefits and Damages and of land to be taken as 4,360
follows: (Here insert general description of land appraised.) 4,361
The appraisal of benefits and damages and of land to be 4,363
taken is now on file in the office of the clerk of this court. 4,364
(3) All public corporations and all persons, owners of or 4,366
interested in the property described in the Report, whether as 4,367
benefited property or as property taken and damaged (whether the 4,368
taken or damaged property lies within or without the District), 4,369
desiring to contest the appraisals as made and returned by the 4,370
Board of Appraisers, must file their objections in the court on 4,371
or before the ...... day of .........., 19...., (here insert a 4,372
date ten (10) days after the last publication of the notice) and 4,373
a hearing on the appraisal will be had on the ..... day of 4,374
........., 19...., (here insert a date not less than twenty (20), 4,375
nor more than thirty (30), days after the date of the last 4,376
publication of this notice, as fixed by the court) in the City of 4,377
............, Ohio, at which time an opportunity will be afforded 4,378
all objectors to be heard upon their several objections. 4,379
............................. .................................. 4,383
Clerk of the Court of Common Pleas 4,385
of ................ County, Ohio. 4,387
Dated at the City of ............, Ohio, this ...... day of 4,389
105
..............., 19....." 4,390
(F) Form of Certificate of Levy of Assessments: 4,392
"State of Ohio, ) 4,394
) ss. 4,396
County of .................. ) 4,398
To the Auditor of ................. County, Ohio: 4,400
This is to certify that by virtue and under the authority 4,402
of the Sanitary District Law of Ohio, the Board of Directors of 4,403
............ Sanitary District have and do hereby levy the sum of 4,404
............ Dollars for the account of the Bond Fund of said 4,405
District, which assessment bears interest as provided by law and 4,406
is payable in installments as follows: (Here insert.) 4,407
You are further notified that for the account of the 4,409
Maintenance Fund for the year 19....., this Board has levied the 4,410
sum of ............ Dollars. 4,411
The amounts of the levies upon the several parcels of land 4,413
upon which the same are imposed are set forth upon the schedule 4,414
hereunto attached, marked ............ Sanitary District 4,415
Assessment Book. The assessments shall be collectible and 4,416
payable the present year in the sums therein specified at the 4,417
same time that the state and county taxes are due and 4,418
collectible, and you are directed and ordered to require the 4,419
Treasurer of ........ County, Ohio, to demand and collect such 4,420
assessments at the time that he THE TREASURER demands and 4,421
collects the state and county taxes due on the same lands, and 4,423
this Sanitary District Assessment Book shall be your authority 4,424
and the authority of the Treasurer to make such collection. 4,425
Witness the signature of the President of the Board of 4,427
Directors, attested by the seal of said corporation, and the 4,428
signature of its Secretary, this ..... day of .........., 19.... 4,430
.......................... 4,431
President. 4,433
.......................... 4,435
Secretary." 4,437
106
Section 2. That existing sections 101.53, 153.571, 4,439
317.113, 317.24, 981.02, 1311.56, 2715.041, 2737.05, 2935.17, 4,440
2935.18, 2935.19, 2941.06, 3113.215, 3501.31, 3509.04, 3513.07, 4,441
3513.261, 3769.04, 4561.25, 4703.10, 5309.15, 5721.15, 5721.181, 4,442
5721.191, 5901.29, 5907.08, 5919.10, 5920.08, 5921.05, 6101.84, 4,443
and 6115.79 of the Revised Code are hereby repealed. 4,444
Section 3. Notwithstanding section 101.53 of the Revised 4,447
Code as amended by this act, or any rule adopted pursuant 4,448
thereto, bills for the 123rd General Assembly are to continue to 4,450
be prepared as directed in Joint Rule 14.
Section 4. The Legislative Service Commission, under 4,452
section 101.53 of the Revised Code as amended by this act, first 4,453
shall direct how insertion of new matter and omission of old 4,454
matter is to be indicated with respect to bills prepared for the 4,455
124th General Assembly. Joint Rule 14 does not apply to the 4,456
preparation of bills for the 124th General Assembly insofar as it 4,457
is incompatible with section 101.53 of the Revised Code as 4,458
amended by this act or with any rule the Legislative Service 4,459
Commission adopts under that section. 4,460
Section 5. This act is hereby declared to be an emergency 4,463
measure necessary for the immediate preservation of the public 4,464
peace, health, and safety. The reason for the necessity lies in 4,465
the fact that fixing legislative drafting forms by rule promises 4,466
to simplify the formalities of legislative drafting, improve 4,467
engrossing efficiency, reduce engrossing error, and improve the 4,468
readability of bills and acts, and in the fact that numerous 4,470
statutorily created forms, including, but not limited to, forms 4,471
pertaining to elections, calculation of child support 4,472
obligations, and tax foreclosure and forfeiture proceedings, 4,473
contain references to "19..." dates that soon will be
inappropriate with the dawn of a new millenium. Therefore, this 4,474
act shall go into immediate effect. 4,475