As Passed by the House 1
123rd General Assembly 4
Regular Session Am. H. B. No. 495 5
1999-2000 6
REPRESENTATIVES TERWILLEGER-EVANS-WILLAMOWSKI-ALLEN-MEAD 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, 3517.10, 3517.102,
3517.103, 3517.154, 3517.155, 3517.992, 3769.04, 14
4561.25, 4703.10, 5309.15, 5721.15, 5721.181, 15
5721.191, 5901.29, 5907.08, 5919.10, 5920.08, 16
5921.05, 6101.84, and 6115.79 and to repeal the
versions of sections 3517.10, 3517.102, 3517.103, 17
3517.154, 3517.155, and 3517.992 of the Revised
Code that are scheduled to take effect January 1, 18
2000, and to repeal section 7 of Am. Sub. S.B. 19
116 of the 122nd General Assembly to require the
Legislative Service Commission to direct by rule 20
how insertion of new matter and omission of old 21
matter is to be indicated in bills, to eliminate 23
references to "19__" dates found in various
statutory forms to permit their accurate use in 24
the year 2000 and the future, to continue
existing provisions of the Campaign Finance Law 25
pertaining to the use of personal funds and what 26
funds may be "carried into" an election, and to
declare an emergency. 28
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 30
Section 1. That sections 101.53, 153.571, 317.113, 317.24, 32
981.02, 1311.56, 2715.041, 2737.05, 2935.17, 2935.18, 2935.19, 33
2
2941.06, 3113.215, 3501.31, 3509.04, 3513.07, 3513.261, 3517.10, 34
3517.102, 3517.103, 3517.154, 3517.155, 3517.992, 3769.04, 35
4561.25, 4703.10, 5309.15, 5721.15, 5721.181, 5721.191, 5901.29, 36
5907.08, 5919.10, 5920.08, 5921.05, 6101.84, and 6115.79 of the 37
Revised Code be amended to read as follows: 38
Sec. 101.53. Bills shall be printed in the exact language 47
in which they were passed, under the supervision of the clerk of 48
the house in which they originated. New THE LEGISLATIVE SERVICE 49
COMMISSION, BY RULE ADOPTED UNDER SECTION 111.15 OF THE REVISED 50
CODE, SHALL DIRECT HOW NEW matter shall be indicated by 51
capitalization and old matter omitted by striking through such 52
matter. Prior capitalization in a Revised Code section shall be 53
indicated by italicized type. 54
Sec. 153.571. The bond provided for in division (B) of 63
section 153.54 of the Revised Code shall be in substantially the 64
following form, and recovery of any claimant thereunder shall be 66
subject to sections 153.01 to 153.60 of the Revised Code, to the 67
same extent as if the provisions of such sections were fully 69
incorporated in the bond form: 70
"KNOW ALL PERSONS BY THESE PRESENTS, that we, the 73
undersigned ................. as principal and ............. as 74
sureties, are hereby held and firmly bound unto .............. as 75
obligee in the penal sum of the dollar amount of the bid 76
submitted by the principal to the obligee on .............. to 77
undertake the project known as ................ The penal sum 78
referred to herein shall be the dollar amount of the principal's 79
bid to the obligee, incorporating any additive or deductive 80
alternate bids made by the principal on the date referred to 81
above to the obligee, which are accepted by the obligee. In no 83
case shall the penal sum exceed the amount of ............ 84
dollars. (If the foregoing blank is not filled in, the penal sum 85
will be the full amount of the principal's bid, including 86
alternates. Alternatively, if the blank is filled in, the amount 87
stated must not be less than the full amount of the bid including 88
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alternates, in dollars and cents. A percentage is not 89
acceptable.) For the payment of the penal sum well and truly to 90
be made, we hereby jointly and severally bind ourselves, our 91
heirs, executors, administrators, successors, and assigns. 92
Signed this ............... day of ............., 19 .... 94
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that whereas the 95
above named principal has submitted a bid for .................. 96
Now, therefore, if the obligee accepts the bid of the 98
principal and the principal fails to enter into a proper contract 99
in accordance with the bid, plans, details, specifications, and 100
bills of material; and in the event the principal pays to the 101
obligee the difference not to exceed ten per cent of the penalty 102
hereof between the amount specified in the bid and such larger 103
amount for which the obligee may in good faith contract with the 104
next lowest bidder to perform the work covered by the bid; or in 105
the event the obligee does not award the contract to the next 106
lowest bidder and resubmits the project for bidding, the 107
principal pays to the obligee the difference not to exceed ten 108
per cent of the penalty hereof between the amount specified in 109
the bid, or the costs, in connection with the resubmission, of 110
printing new contract documents, required advertising, and 111
printing and mailing notices to prospective bidders, whichever is 112
less, then this obligation shall be null and void, otherwise to 113
remain in full force and effect; if the obligee accepts the bid 114
of the principal and the principal within ten days after the 115
awarding of the contract enters into a proper contract in 116
accordance with the bid, plans, details, specifications, and 117
bills of material, which said contract is made a part of this 118
bond the same as though set forth herein; 119
Now also, if the said ................ shall well and 121
faithfully do and perform the things agreed by .............. to 122
be done and performed according to the terms of said contract; 123
and shall pay all lawful claims of subcontractors, materials 125
suppliers, and laborers, for labor performed and materials 126
4
furnished in the carrying forward, performing, or completing of 127
said contract; we agreeing and assenting that this undertaking 128
shall be for the benefit of any materials supplier or laborer 129
having a just claim, as well as for the obligee herein; then this 131
obligation shall be void; otherwise the same shall remain in full 132
force and effect; it being expressly understood and agreed that 133
the liability of the surety for any and all claims hereunder 134
shall in no event exceed the penal amount of this obligation as 135
herein stated.
The said surety hereby stipulates and agrees that no 137
modifications, omissions, or additions, in or to the terms of the 138
said contract or in or to the plans or specifications therefor 139
shall in any wise affect the obligations of said surety on its 140
bond." 141
Sec. 317.113. The county recorder shall not accept for 150
recording a deed or other instrument in writing that is executed 152
or certified in whole or in part in a language other than the 153
English language unless it complies with the requirements of 154
sections 317.11, 317.111, and 317.112 of the Revised Code and is 155
accompanied by a complete English translation certified as 157
provided in this section. The translator of the deed or OTHER 158
instrument in writing shall certify that the translation is 159
accurate and that the translator is competent to perform the
translation. The translator shall sign and acknowledge the 160
translation of the deed or OTHER instrument in writing in the 161
presence of two witnesses, who shall attest the translator's 162
signature and subscribe their names to the attestation. The 163
translator shall sign and acknowledge the translation before a 164
judge of a court of record in this state, a clerk of a court of 165
record in this state, a county auditor, a county engineer, or a 166
notary public. 167
A certificate of the translator that is substantially in 169
the following form satisfies the requirements of this section: 170
"CERTIFICATE OF TRANSLATOR 171
5
The undersigned, .........................., hereby 173
certifies that the document attached to this certificate and made 174
a part of this certificate has been translated into english 175
ENGLISH by the undersigned; that the translation is accurate; and 177
that the undersigned is competent to perform the translation.
Signed and Acknowledged in the 179
Presence of: 180
.............................. 181
.............................. 182
.............................. 183
(Signature of Translator) 184
SSN: ......................... 185
State of ..................... 186
County of .................... 187
The foregoing certificate of translator has been 190
acknowledged before me this ..... day of .........., 19...... 191
.............................. 193
(Signature of Judge or Officer 194
Taking the Acknowledgment)" 195
This section does not apply to a deed or other instrument 197
in writing executed or certified prior to the effective date of 198
this section AUGUST 20, 1996. 199
Sec. 317.24. (A) Upon request of any discharged member of 208
the armed forces of the United States and presentation of his THE 209
MEMBER'S discharge, the county recorder shall record the 210
discharge in a book to be furnished by the board of county 211
commissioners for that purpose. There shall be no fee for the 212
recording. The record of discharge, or a certified copy of the 213
record, shall be received in evidence in all cases where the 214
original discharge would be received. 215
(B) Upon application by a person whose discharge has been 217
recorded pursuant to this section, the county recorder shall, 218
without fee, expunge the person's record of discharge or the 219
person's separation program number from his THE PERSON'S record 220
6
of discharge. The application shall be in the following form: 221
"APPLICATION FOR EXPUNGEMENT OF DISCHARGE RECORD 223
I, ................ (Name of Applicant), the undersigned, 225
hereby request the County Recorder of the County of ............ 226
(Name of County), state of Ohio, to expunge my .......... (Insert 227
either Record of Discharge or Separation Program Number from my 228
Record of Discharge). 229
Dated this .......... day of .........., 19..... 232
.............................. 233
(Signature of Applicant) 235
Sworn to and subscribed before me by ............ (Name of 237
Applicant) on .........., 19..... 239
.................................... 240
Notary Public 242
My commission expires ......, 19..." 244
(C) "Separation program number" means the coded number or 246
numbers used to specify the reasons for a person's separation 247
from active duty, as contained in line 9 (c) or line 11 (c) of a 248
veteran's discharge paper, United States department of defense 249
form DD-214. 250
(D) Upon the request of any person who served during World 252
War I or World War II as a member of any armed force of the 253
government of Poland or Czechoslovakia and participated while so 254
serving in armed conflict with an enemy of the United States and 255
who has been a citizen of the United States for at least ten 256
years, and the presentation of his THE PERSON'S discharge, the 257
county recorder shall record his THE PERSON'S discharge in a book 259
to be furnished by the board of county commissioners for that
purpose. No fee shall be charged for the recording. The record, 260
or a certified copy of it, shall be received in evidence in all 261
cases where the original would be received. 262
Sec. 981.02. A timber dealer desiring to adopt a 271
trade-mark under section 981.01 of the Revised Code, may do so by 272
executing in writing in form and effect as follows: 273
7
"Trade-mark. 275
Notice is hereby given that I (we) have adopted the 277
following trade-mark, to be used in my (our) business as a timber 278
dealer, to-wit: -- (Here insert the letters, words or figures, 279
etc., constituting the trade-mark, or if it is any device other 280
than letters, words, or figures, insert a facsimile thereof OF 281
THE DEVICE), dated this .......... day of .........., 19 ......" 283
Such writing shall be acknowledged or proved for record in 285
a like manner as deeds are acknowledged or proved, and shall be 286
recorded in the office of the clerk of the court of common pleas 287
of the county in which the principal office or place of business 288
of such timber dealer is, and also in the office of the secretary 289
of state. A copy thereof OF THE WRITING shall be published at 290
least once a week for four consecutive weeks in a newspaper 292
published in such county. 293
A trade-mark so adopted, from the date thereof OF ITS 295
ADOPTION, shall be the exclusive property of the person, firm, or 297
corporation adopting it. 298
Sec. 1311.56. (A) The agricultural producer or handler 307
may perfect his THE PRODUCER'S OR HANDLER'S lien by recording, in 309
the office of the county recorder in the county where the 310
agricultural product was delivered to the agricultural product 311
handler, an affidavit that includes the date of delivery, or 312
first delivery if there was a series of deliveries under the 313
contract, the name of the agricultural product handler to whom 314
the agricultural product was delivered, and the amount owed the 315
lien claimant by the handler. If there was no agreed price at the 316
time of delivery or first delivery, the lien claimant shall 317
include in the affidavit the pricing method which the lien 318
claimant and handler agreed to utilize in their contract to 319
determine the amount owed the lien claimant. In such cases, and 320
for informational purposes only, the lien claimant shall include 321
in the affidavit an estimate of the amount owed him THE LIEN 322
CLAIMANT by the handler, based upon current market conditions. 324
8
The estimate is not binding upon the lien claimant.
(B) The affidavit may be verified before any person 326
authorized to administer oaths, including an attorney for the 327
agricultural product handler, lien claimant, or an interested 328
other party. 329
(C) The affidavit may be in the following form: 331
"AFFIDAVIT FOR AGRICULTURAL PRODUCT LIEN 333
State of Ohio, 335
County of ........,ss: 337
A.B. ...... of ....., whose address is .... being first duly 339
sworn, says that he SUCH CLAIMANT delivered certain agricultural 340
products under a contract with C.D., ........., an agricultural 342
product handler, whose address is ............. The agricultural 343
product was first delivered on the ........ day of ........., 344
19... and there is justly and truly due claimant therefor from 345
the said C.D., over and above all legal setoffs, the sum of 346
....... dollars, (or estimated sum of ....... dollars based upon 347
current market conditions,) for which amount claimant claims a 348
lien on the agricultural product and the proceeds of the sale of 349
the agricultural product. 350
......................... 351
A.B. 352
Sworn to before me and subscribed in my presence this .......... 354
day of ........., 19..... 355
......................... 356
........................." 357
(D) The lien claimant shall remit to the county recorder 359
the standard fee at the time the affidavit is recorded as 360
determined under section 317.32 of the Revised Code. 361
Sec. 2715.041. (A) Upon the filing of a motion for an 370
order of attachment pursuant to section 2715.03 of the Revised 371
Code, the plaintiff shall file with the clerk of the court a 372
praecipe instructing the clerk to issue to the defendant against 373
whom the motion was filed a notice of the proceeding. Upon 374
9
receipt of the praecipe, the clerk shall issue the notice which 375
shall be in substantially the following form: 376
"(Name and Address of Court) 378
Case No................... 379
(Case Caption) 381
NOTICE 383
You are hereby notified that (name and address of 385
plaintiff), the plaintiff in this proceeding, has applied to this 386
court for the attachment of property in your possession. The 387
basis for this application is indicated in the documents that are 388
enclosed with this notice. 389
The law of Ohio and the United States provides that certain 391
benefit payments cannot be taken from you to pay a debt. Typical 392
among the benefits that cannot be attached or executed on by a 393
creditor are: 394
(1) Workers' compensation benefits; 396
(2) Unemployment compensation payments; 398
(3) Cash assistance payments under the Ohio works first 402
program;
(4) Disability assistance administered by the Ohio 404
department of human services; 405
(5) Social security benefits; 407
(6) Supplemental security income (S.S.I.); 409
(7) Veteran's benefits; 411
(8) Black lung benefits; 413
(9) Certain pensions. 415
Additionally, your wages never can be taken to pay a debt 417
until a judgment has been obtained against you. There may be 418
other benefits not included in this list that apply in your case. 419
If you dispute the plaintiff's claim and believe that you 421
are entitled to retain possession of the property because it is 422
exempt or for any other reason, you may request a hearing before 423
this court by disputing the claim in the request for hearing form 424
appearing below, or in a substantially similar form, and 425
10
delivering the request for the hearing to this court, at the 426
office of the clerk of this court, not later than the end of the 427
fifth business day after you receive this notice. You may state 428
your reasons for disputing the claim in the space provided on the 429
form, but you are not required to do so. If you do state your 430
reasons for disputing the claim in the space provided on the 431
form, you are not prohibited from stating any other reasons at 432
the hearing, and if you do not state your reasons, it will not be 433
held against you by the court and you can state your reasons at 434
the hearing. 435
If you request a hearing, it will be conducted in 437
................... courtroom ........, (address of court), at 438
.............m. on ............., 19..... 439
You may avoid having a hearing but retain possession of the 441
property until the entry of final judgment in the action by 442
filing with the court, at the office of the clerk of this court, 443
not later than the end of the fifth business day after you 444
receive this notice, a bond executed by an acceptable surety in 445
the amount of $............ 446
If you do not request a hearing or file a bond on or before 448
the end of the fifth business day after you receive this notice, 449
the court, without further notice to you, may order a law 450
enforcement officer or bailiff to take possession of the 451
property. Notice of the dates, times, places, and purposes of 452
any subsequent hearings and of the date, time, and place of the 453
trial of the action will be sent to you. 454
.............................. 456
Clerk of Court 457
Date: ......................." 458
(B) Along with the notice required by division (A) of this 460
section, the clerk of the court also shall deliver to the 461
defendant, in accordance with division (C) of this section, a 462
request for hearing form together with a postage-paid, 463
self-addressed envelope or a request for hearing form on a 464
11
postage-paid, self-addressed postcard. The request for hearing 465
shall be in substantially the following form: 466
"(Name and Address of Court) 468
Case Number ....................... Date ............... 470
REQUEST FOR HEARING 472
I dispute the claim for the attachment of property in the 474
above case and request that a hearing in this matter be held at 475
the time and place set forth in the notice that I previously 476
received. 477
I dispute the claim for the following reasons: 479
................................................................. 481
(Optional) 483
................................................................. 485
................................................................. 487
.............................. 488
(Name of Defendant) 489
............................. 491
(Signature) 492
.............................. 493
(Date) 494
495
WARNING: IF YOU DO NOT DELIVER THIS REQUEST FOR HEARING OR 497
A REQUEST IN A SUBSTANTIALLY SIMILAR FORM TO THE OFFICE OF THE 498
CLERK OF THIS COURT WITHIN FIVE (5) BUSINESS DAYS OF YOUR RECEIPT 499
OF IT, YOU WAIVE YOUR RIGHT TO A HEARING AT THIS TIME AND YOU MAY 500
BE REQUIRED TO GIVE UP THE PROPERTY SOUGHT WITHOUT A HEARING." 501
(C) The notice required by division (A) of this section 503
shall be served on the defendant in duplicate not less than seven 504
business days prior to the date on which the hearing is 505
scheduled, together with a copy of the complaint and summons, if 506
not previously served, and a copy of the motion for the 507
attachment of property and the affidavit attached to the motion, 508
in the same manner as provided in the Rules of Civil Procedure 509
for the service of process. Service may be effected by 510
12
publication as provided in the Rules of Civil Procedure except 511
that the number of weeks for publication may be reduced by the 512
court to the extent appropriate. 513
Sec. 2737.05. (A) Upon the filing of a motion for an 522
order of possession pursuant to section 2737.03 of the Revised 523
Code, the movant shall file with the clerk of the court a 524
praecipe instructing the clerk to issue to the respondent a 525
notice of the proceeding. Upon receipt of the praecipe, the 526
clerk shall issue the notice which shall be in substantially the 527
following form: 529
"(Name and Address of Court) 529
Case No................... 530
(CASE CAPTION) (Case Caption) 533
NOTICE 535
You are hereby notified that (name and address of movant), 537
the movant in this proceeding, has applied to this court for the 538
recovery of possession of (describe property) claimed to be in 539
your possession. The basis for this application is indicated in 540
the documents that are enclosed with this notice. 541
If you dispute the movant's claim for possession of 543
property and believe that you are entitled to retain possession 544
of the property because it is exempt or for any other reason, you 545
may request a hearing before this court by disputing the claim in 546
the request for hearing form appearing below, or in a 547
substantially similar form and delivering the request for the 548
hearing to this court, at the office of the clerk of this court, 549
not later than the end of the fifth business day after you 550
receive this notice. You may state your reasons for disputing 551
the claim in the space provided on the form; however, you are not 552
required to do so. If you do state your reasons for disputing 553
the claim, you are not prohibited from stating any other reasons 554
at the hearing, and if you do not state your reasons, it will not 555
be held against you by the court and you can state your reasons 556
at the hearing. 557
13
If you request a hearing, it will be conducted in 559
................... courtroom ........, (address of court), at 560
.............m. on, ............., 19..... 561
You may avoid having a hearing but retain possession of the 563
property until the entry of final judgment in the action by 564
filing with the court, at the office of the clerk of this court, 565
not later than the end of the fifth business day after you 566
receive this notice, a bond executed by an acceptable surety in 567
the amount of $............ 568
If you do not request a hearing or file a bond on or before 570
the end of the fifth business day after you receive this notice, 571
the court, without further notice to you, may order a law 572
enforcement officer or bailiff to take possession of the 573
property. Notice of the dates, times, places, and purposes of 574
any subsequent hearings and of the date, time, and place of the 575
trial of the action will be sent to you. 577
............................. 578
Clerk of the Court 580
Date:......................" 582
(B) Along with the notice required by division (A) of this 584
section, the clerk of the court also shall deliver to the 585
respondent, in accordance with division (C) of this section, a 586
request for hearing form together with a postage-paid, 587
self-addressed envelope or a request for hearing form on a 588
postage-paid, self-addressed postcard. The request for hearing 589
shall be in substantially the following form: 590
"(Name and Address of Court) 592
Case Number ........................ Date ............ 594
REQUEST FOR HEARING 596
I dispute the claim for the possession of property in the 598
above case and request that a hearing in this matter be held at 599
the time and place set forth in the notice that I previously 600
received. 601
I dispute the claim for the following reasons: 603
14
................................................................. 605
(Optional) 606
................................................................. 607
................................................................. 608
............................. 610
(Name of Respondent) 612
............................. 614
(Signature) 616
............................. 618
(Date) 620
WARNING: IF YOU DO NOT DELIVER THIS REQUEST FOR HEARING OR 622
A REQUEST IN A SUBSTANTIALLY SIMILAR FORM TO THE OFFICE OF THE 623
CLERK OF THIS COURT WITHIN FIVE (5) BUSINESS DAYS OF YOUR RECEIPT 624
OF IT, YOU WAIVE YOUR RIGHT TO A HEARING AT THIS TIME AND YOU MAY 625
BE REQUIRED TO GIVE UP THE PROPERTY SOUGHT WITHOUT A HEARING." 626
(C) The notice required by division (A) of this section 628
shall be served on the respondent in duplicate not less than 629
seven business days prior to the date on which the hearing is 630
scheduled, together with a copy of the complaint and summons, if 631
not previously served, and a copy of the motion for the delivery 632
of property and the affidavit attached to the motion, in the same 633
manner as provided in the Rules of Civil Procedure for the 634
service of process. Service may be effected by publication as 635
provided in the Rules of Civil Procedure except that the number 636
of weeks for publication may be reduced by the court to the 637
extent appropriate. 638
Sec. 2935.17. (A) An affidavit in either of the following 647
forms is sufficient: 648
(1) "State of Ohio, 650
........................... County, ss: 652
Before me, A.B., personally came C.D., who being duly sworn 654
according to law deposes and says that on or about the day of 655
..........., 19....., at the county of .......... one E.F. (here 657
describe the offense as nearly according to the nature thereof as 658
15
the case will admit, in ordinary concise language) C.D. 659
Sworn to and subscribed before me this ........ day of 661
.........., 19.... 662
A.B., County Judge 663
Clerk of ............. Court" 664
(2) "State of Ohio, 666
........................... County, ss: 668
Before me, A.B., personally came C.D., who being duly sworn 670
according to law says that on or about the ...... day of 671
........., 19...., one E.F. did: (here listing several common 673
offenses, plainly but tersely described as: fail to stop at stop 674
sign, pass at crest of grade, etc., with a ruled box before each, 675
and then showing an X or distinctive mark in front of the offense
claimed to be committed). C.D. 676
Sworn to before me and subscribed in my presence this ........ 678
day of ........, 19...., 679
A.B., County Judge 680
Clerk of ................... Court" 681
(B) A complaint in the following form is sufficient: 683
"State of Ohio, 685
........................... County, ss: 687
The undersigned (assistant) prosecuting attorney of 689
.......... County complains that on or about the ..... day of 690
............., 19...., one E.F. did (here describing the offense 691
committed as above) based on affidavit of .................. 692
filed with me.
........................... 695
Prosecuting Attorney/City director DIRECTOR of law LAW" 697
Provided, that the supreme court of Ohio, may, by rule, 699
provide for the uniform type and language to be used in any 700
affidavit or complaint to be filed in any court inferior to the 701
court of common pleas for violations of the motor vehicle and 702
traffic acts and related ordinances and in any notice to violator 703
to appear in such courts, and may require that such forms and no 704
16
other, shall be received in such courts, and issued to violators. 705
Sec. 2935.18. A warrant, summons, or notice of a peace 714
officer shall either contain a copy of the affidavit, or recite 715
the substance of the accusation. A warrant shall be directed to 717
a specific officer or to a department designated by its chief, 718
and shall command such officer or member of department to take 719
the accused and bring him THE ACCUSED forthwith before the 720
magistrate or court issuing such warrant, to be dealt with 721
according to law. A summons shall be directed to the officer or 723
department, and shall command him THE OFFICER OR DEPARTMENT to 725
notify the accused by serving a copy of such summons upon him THE 726
ACCUSED. The following form of warrant is sufficient: 727
"The State of Ohio, 729
......................... County, ss: 731
To the Sheriff (other Officer): 733
Greetings: 735
Whereas there has been filed with me an affidavit of which 737
the following is a copy (here copy) or the substance, (here set 738
forth the substance, omitting formal parts). These are therefore 739
to command you to take the said E.F., if he E.F. is found in your 740
county, or if he E.F. is not found in your county, that you 741
pursue after him E.F. in any other county in this state and take 742
and safely keep the said E.F. so that you have his body E.F. 743
forthwith before me or some other magistrate of said county to 744
answer the said complaint and be further dealt with according to 745
law.
Given under my hand this ...... day of ........, 19 ..... 747
A.B., Judge of ......... Court 748
Clerk of .............. Court" 749
The following form of summons is sufficient: 752
"The State of Ohio, .................... County, ss: 754
To the Bailiff or .................... Constable: 756
Whereas there has been filed before me an Affidavit 758
(Complaint) of which the following is a copy (here copy) or the 759
17
substance (here set forth the substance, omitting formal parts). 760
You are commanded to summon one said E.F. to appear before me on 761
the ........ day of .........., 19 ....., at ........ o'clock, 763
..... M., at .......... Building, ...................., Ohio, to
answer to said charge. 764
You will make due return of this summons forthwith upon 766
service.
A.B., Judge of ......... Court 767
Clerk of .............. Court" 768
Sec. 2935.19. An affidavit in the form following is 778
sufficient: The
"THE State of Ohio, 781
.................... County, ss: 783
Before me, A.B., personally came C.D., who being duly sworn 785
according to law, deposes and says that on or about the 786
................ day of ..................., .... at the county 787
of ...................., one E.F. (here describe the offense 789
committed as nearly according to the nature thereof as the case 790
will admit, in ordinary and concise language.)
Sworn to and subscribed before me, this ......... day of 792
........................, 19 ..... 793
A.B., Judge" 794
Sec. 2941.06. An indictment may be substantially in the 803
following form: 804
"The State of Ohio,) 806
ss. 808
........... County) 810
In the Year of our Lord one thousand nine hundred and ....... 812
The jurors of the Grand Jury of the State of Ohio, within 814
and for the body of the County aforesaid, on their oaths, in the 815
name and by the authority of the State of Ohio, do find and 816
present that A.B., on the ....... day of ........... 818
19,........., at the county of ........... aforesaid, did 819
........... (here insert the name of the offense if it has one, 820
18
such as murder, arson, or the like, or if a misdemeanor having no 821
general name, insert a brief description of it as given by law) 822
contrary to the form of the statute in such case made and 823
provided, and against the peace and dignity of the State of Ohio. 824
........C.D......... 826
(Indorsed) A true bill. Prosecuting Attorney 828
E.F., Foreman FOREPERSON of the Grand Jury." 830
Sec. 3113.215. (A) As used in this section: 839
(1) "Income" means either of the following: 841
(a) For a parent who is employed to full capacity, the 843
gross income of the parent; 844
(b) For a parent who is unemployed or underemployed, the 846
sum of the gross income of the parent, and any potential income 847
of the parent. 848
(2) "Gross income" means, except as excluded in this 850
division, the total of all earned and unearned income from all 851
sources during a calendar year, whether or not the income is 852
taxable, and includes, but is not limited to, income from 853
salaries, wages, overtime pay and bonuses to the extent described 854
in division (B)(5)(d) of this section, commissions, royalties, 855
tips, rents, dividends, severance pay, pensions, interest, trust 856
income, annuities, social security benefits, workers' 857
compensation benefits, unemployment insurance benefits, 858
disability insurance benefits, benefits received by and in the 859
possession of the veteran who is the beneficiary for any 860
service-connected disability under a program or law administered 861
by the United States department of veterans' affairs or veterans' 862
administration, spousal support actually received from a person 863
not a party to the support proceeding for which actual gross 864
income is being determined, and all other sources of income; 865
income of members of any branch of the United States armed 866
services or national guard, including, but not limited to,
amounts representing base pay, basic allowance for quarters, 867
basic allowance for subsistence, supplemental subsistence 868
19
allowance, cost of living adjustment, specialty pay, variable 869
housing allowance, and pay for training or other types of 870
required drills; self-generated income; and potential cash flow 871
from any source. 872
"Gross income" does not include any of the following: 874
(a) Benefits received from means-tested public assistance 877
programs, including, but not limited to, Ohio works first; 879
prevention, retention, and contingency; supplemental security 880
income; food stamps; or disability assistance; 881
(b) Benefits for any service-connected disability under a 884
program or law administered by the United States department of 885
veterans' affairs or veterans' administration that have not been 886
distributed to the veteran who is the beneficiary of the benefits 887
and that are in the possession of the United States department of 888
veterans' affairs or veterans' administration;
(c) Child support received for children who were not born 891
or adopted during the marriage at issue; 892
(d) Amounts paid for mandatory deductions from wages other 895
than taxes, social security, or retirement in lieu of social 896
security, including, but not limited to, union dues; 897
(e) Nonrecurring or unsustainable income or cash flow 900
items.
(3) "Self-generated income" means gross receipts received 902
by a parent from self-employment, proprietorship of a business, 903
joint ownership of a partnership or closely held corporation, and 904
rents minus ordinary and necessary expenses incurred by the 905
parent in generating the gross receipts. "Self-generated income" 906
includes expense reimbursements or in-kind payments received by a 907
parent from self-employment, the operation of a business, or 908
rents, including, but not limited to, company cars, free housing, 909
reimbursed meals, and other benefits, if the reimbursements are 910
significant and reduce personal living expenses. 911
(4)(a) "Ordinary and necessary expenses incurred in 913
generating gross receipts" means actual cash items expended by 914
20
the parent or the parent's business and includes depreciation 916
expenses of replacement business equipment as shown on the books 917
of a business entity. 918
(b) Except as specifically included in "ordinary and 920
necessary expenses incurred in generating gross receipts" by 921
division (A)(4)(a) of this section, "ordinary and necessary 922
expenses incurred in generating gross receipts" does not include 923
depreciation expenses and other noncash items that are allowed as 924
deductions on any federal tax return of the parent or the 925
parent's business. 926
(5) "Potential income" means both of the following for a 928
parent that the court, or a child support enforcement agency 929
pursuant to sections 3111.20, 3111.211, and 3111.22 of the 931
Revised Code, determines is voluntarily unemployed or voluntarily 932
underemployed: 933
(a) Imputed income that the court or agency determines the 935
parent would have earned if fully employed as determined from the 936
parent's employment potential and probable earnings based on the 937
parent's recent work history, the parent's occupational 938
qualifications, and the prevailing job opportunities and salary 939
levels in the community in which the parent resides; 940
(b) Imputed income from any nonincome-producing assets of 942
a parent, as determined from the local passbook savings rate or 943
another appropriate rate as determined by the court or agency, 944
not to exceed the rate of interest specified in division (A) of 945
section 1343.03 of the Revised Code, if the income is 946
significant. 947
(6) "Child support order" means an order for the payment 949
of child support. 950
(7) "Combined gross income" means the combined gross 952
income of both parents. 953
(8) "Split parental rights and responsibilities" means a 955
situation in which there is more than one child who is the 956
subject of an allocation of parental rights and responsibilities 957
21
and each parent is the residential parent and legal custodian of 958
at least one of those children. 959
(9) "Schedule" means the basic child support schedule set 961
forth in division (D) of this section. 962
(10) "Worksheet" means the applicable worksheet that is 964
used to calculate a parent's child support obligation and that is 965
set forth in divisions (E) and (F) of this section. 966
(11) "Nonrecurring or unsustainable income or cash flow 968
item" means any income or cash flow item that the parent receives 969
in any year or for any number of years not to exceed three years 970
and that the parent does not expect to continue to receive on a 971
regular basis. "Nonrecurring or unsustainable income or cash 972
flow item" does not include a lottery prize award that is not 973
paid in a lump sum or any other item of income or cash flow that 974
the parent receives or expects to receive for each year for a 975
period of more than three years or that the parent receives and 976
invests or otherwise utilizes to produce income or cash flow for 977
a period of more than three years. 978
(12) "Extraordinary medical expenses" means any uninsured 980
medical expenses that are incurred for a child during a calendar 981
year and that exceed one hundred dollars for that child during 982
that calendar year. 983
(B)(1) In any action in which a child support order is 985
issued or modified under Chapter 3115. or section 2151.23, 986
2151.231, 2151.232, 2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 987
3109.05, 3109.19, 3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 989
of the Revised Code, in any other proceeding in which the court 990
determines the amount of child support that will be ordered to be 991
paid pursuant to a child support order, or when a child support 992
enforcement agency determines the amount of child support that 993
will be paid pursuant to an administrative child support order 994
issued pursuant to sections 3111.20, 3111.211, and 3111.22 of the 995
Revised Code, the court or agency shall calculate the amount of 997
the obligor's child support obligation in accordance with the 998
22
basic child support schedule in division (D) of this section, the 999
applicable worksheet in division (E) or (F) of this section, and 1,000
the other provisions of this section, shall specify the support 1,001
obligation as a monthly amount due, and shall order the support 1,002
obligation to be paid in periodic increments as it determines to 1,003
be in the best interest of the children. In performing its 1,004
duties under this section, the court or agency is not required to 1,005
accept any calculations in a worksheet prepared by any party to 1,006
the action or proceeding. In any action or proceeding in which 1,007
the court determines the amount of child support that will be 1,008
ordered to be paid pursuant to a child support order or when a 1,009
child support enforcement agency determines the amount of child 1,010
support that will be paid pursuant to an administrative child 1,011
support order issued pursuant to sections 3111.20, 3111.211, and 1,012
3111.22 of the Revised Code, the amount of child support that 1,013
would be payable under a child support order, as calculated 1,015
pursuant to the basic child support schedule in division (D) of 1,016
this section and pursuant to the applicable worksheet in division 1,017
(E) of this section, through line 24, or in division (F) of this 1,018
section, through line 23, is rebuttably presumed to be the 1,019
correct amount of child support due, and the court or agency 1,020
shall order that amount to be paid as child support unless both 1,021
of the following apply with respect to an order issued by a 1,022
court:
(a) The court, after considering the factors and criteria 1,024
set forth in division (B)(3) of this section, determines that the 1,025
amount 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, would be unjust or inappropriate and would not 1,029
be in the best interest of the child. 1,030
(b) The court enters in the journal the amount of child 1,032
support calculated pursuant to the basic child support schedule 1,033
and pursuant to the applicable worksheet in division (E) of this 1,034
23
section, through line 24, or in division (F) of this section, 1,035
through line 23, its determination that that amount would be 1,036
unjust or inappropriate and would not be in the best interest of 1,037
the child, and findings of fact supporting that determination. 1,038
(2) In determining the amount of child support to be paid 1,040
under any child support order, the court, upon its own 1,041
recommendation or upon the recommendation of the child support 1,042
enforcement agency, shall or the child support enforcement 1,043
agency, pursuant to sections 3111.20, 3111.211, and 3111.22 of 1,045
the Revised Code, shall do all of the following: 1,046
(a) If the combined gross income of both parents is less 1,048
than six thousand six hundred dollars per year, the court or 1,049
agency shall determine the amount of the obligor's child support 1,050
obligation on a case-by-case basis using the schedule as a 1,051
guideline. The court or agency shall review the obligor's gross 1,052
income and living expenses to determine the maximum amount of 1,053
child support that it reasonably can order without denying the 1,054
obligor the means for self-support at a minimum subsistence level 1,055
and shall order a specific amount of child support, unless the 1,056
obligor proves to the court or agency that the obligor is totally 1,057
unable to pay child support and the court or agency determines 1,058
that it would be unjust or inappropriate to order the payment of 1,059
child support and enters its determination and supporting 1,060
findings of fact in the journal. 1,061
(b) If the combined gross income of both parents is 1,063
greater than one hundred fifty thousand dollars per year, the 1,064
court or agency shall determine the amount of the obligor's child 1,065
support obligation on a case-by-case basis and shall consider the 1,066
needs and the standard of living of the children who are the 1,067
subject of the child support order and of the parents. When the 1,068
court or agency determines the amount of the obligor's child 1,069
support obligation for parents with a combined gross income 1,070
greater than one hundred fifty thousand dollars, the court or 1,071
agency shall compute a basic combined child support obligation 1,072
24
that is no less than the same percentage of the parents' combined 1,073
annual income that would have been computed under the basic child 1,074
support schedule and under the applicable worksheet in division 1,075
(E) of this section, through line 24, or in division (F) of this 1,076
section, through line 23, for a combined gross income of one 1,077
hundred fifty thousand dollars, unless the court or agency 1,078
determines that it would be unjust or inappropriate and would not 1,079
be in the best interest of the child, obligor, or obligee to 1,080
order that amount and enters in the journal the figure, 1,081
determination, and findings. 1,082
(c) The court shall not order an amount of child support 1,084
that deviates from the amount of child support that would 1,085
otherwise result from the use of the basic child support schedule 1,086
and the applicable worksheet in division (E) of this section, 1,087
through line 24, or in division (F) of this section, through line 1,088
23, unless both of the following apply: 1,089
(i) The court, after considering the factors and criteria 1,091
set forth in division (B)(3) of this section, determines that the 1,092
amount 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, would be unjust or inappropriate and would not 1,096
be in the best interest of the child; 1,097
(ii) The court enters in the journal the amount of child 1,099
support calculated pursuant to the basic child support schedule 1,100
and pursuant to the applicable worksheet in division (E) of this 1,101
section, through line 24, or in division (F) of this section, 1,102
through line 23, its determination that that amount would be 1,103
unjust or inappropriate and would not be in the best interest of 1,104
the child, and findings of fact supporting that determination. 1,105
(3) The court, in accordance with divisions (B)(1) and 1,107
(2)(c) of this section, may deviate from the amount of support 1,108
that otherwise would result from the use of the schedule and the 1,109
applicable worksheet in division (E) of this section, through 1,110
25
line 24, or in division (F) of this section, through line 23, in 1,111
cases in which the application of the schedule and the applicable 1,112
worksheet in division (E) of this section, through line 24, or in 1,113
division (F) of this section, through line 23, would be unjust or 1,114
inappropriate and would not be in the best interest of the child. 1,115
In determining whether that amount would be unjust or 1,116
inappropriate and would not be in the best interest of the child, 1,117
the court may consider any of the following factors and criteria: 1,118
(a) Special and unusual needs of the children; 1,120
(b) Extraordinary obligations for minor children or 1,122
obligations for handicapped children who are not stepchildren and 1,123
who are not offspring from the marriage or relationship that is 1,124
the basis of the immediate child support determination; 1,125
(c) Other court-ordered payments; 1,127
(d) Extended times of visitation or extraordinary costs 1,129
associated with visitation, provided that this division does not 1,130
authorize and shall not be construed as authorizing any deviation 1,131
from the schedule and the applicable worksheet in division (E) of 1,132
this section, through line 24, or in division (F) of this 1,133
section, through line 23, or any escrowing, impoundment, or 1,134
withholding of child support because of a denial of or 1,135
interference with a right of companionship or visitation granted 1,136
by court order; 1,137
(e) The obligor obtains additional employment after a 1,139
child support order is issued in order to support a second 1,140
family; 1,141
(f) The financial resources and the earning ability of the 1,143
child; 1,144
(g) Disparity in income between parties or households; 1,146
(h) Benefits that either parent receives from remarriage 1,148
or sharing living expenses with another person; 1,149
(i) The amount of federal, state, and local taxes actually 1,151
paid or estimated to be paid by a parent or both of the parents; 1,152
(j) Significant in-kind contributions from a parent, 1,154
26
including, but not limited to, direct payment for lessons, sports 1,155
equipment, schooling, or clothing; 1,156
(k) The relative financial resources, other assets and 1,158
resources, and needs of each parent; 1,159
(l) The standard of living and circumstances of each 1,161
parent and the standard of living the child would have enjoyed 1,162
had the marriage continued or had the parents been married; 1,163
(m) The physical and emotional condition and needs of the 1,165
child; 1,166
(n) The need and capacity of the child for an education 1,168
and the educational opportunities that would have been available 1,169
to the child had the circumstances requiring a court order for 1,170
support not arisen; 1,171
(o) The responsibility of each parent for the support of 1,173
others; 1,174
(p) Any other relevant factor. 1,176
The court may accept an agreement of the parents that 1,178
assigns a monetary value to any of the factors and criteria 1,179
listed in division (B)(3) of this section that are applicable to 1,180
their situation. 1,181
(4) If an obligor or obligee under a child support order 1,183
requests the court to modify the amount of support required to be 1,184
paid pursuant to the child support order, the court shall 1,185
recalculate the amount of support that would be required to be 1,186
paid under the support order in accordance with the schedule and 1,187
pursuant to 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, and if that amount as recalculated is more than 1,190
ten per cent greater than or more than ten per cent less than the 1,191
amount of child support that is required to be paid pursuant to 1,192
the existing child support order, the deviation from the 1,193
recalculated amount that would be required to be paid under the 1,194
schedule and the applicable worksheet in division (E) of this 1,195
section, through line 24, or in division (F) of this section, 1,196
27
through line 23, shall be considered by the court as a change of 1,197
circumstance that is substantial enough to require a modification 1,198
of the amount of the child support order. In determining 1,199
pursuant to this division the recalculated amount of support that 1,200
would be required to be paid under the support order for purposes 1,201
of determining whether that recalculated amount is more than ten 1,202
per cent greater than or more than ten per cent less than the 1,203
amount of child support that is required to be paid pursuant to 1,204
the existing child support order, the court shall consider, in 1,205
addition to all other factors required by law to be considered, 1,206
the cost of health insurance which the obligor, the obligee, or 1,207
both the obligor and the obligee have been ordered to obtain for 1,208
the children specified in the order. Additionally, if an obligor 1,209
or obligee under a child support order requests the court to 1,210
modify the amount of support required to be paid pursuant to the 1,211
child support order and if the court determines that the amount 1,212
of support does not adequately meet the medical needs of the 1,213
child, the inadequate coverage shall be considered by the court 1,214
as a change of circumstance that is substantial enough to require 1,215
a modification of the amount of the child support order. If the 1,216
court determines that the amount of child support required to be 1,217
paid under the child support order should be changed due to a 1,218
substantial change of circumstances that was not contemplated at 1,219
the time of the issuance of the original child support order or 1,220
the last modification of the child support order, the court shall 1,221
modify the amount of child support required to be paid under the 1,222
child support order to comply with the schedule and the 1,223
applicable worksheet in division (E) of this section, through 1,224
line 24, or in division (F) of this section, through line 23, 1,225
unless the court determines that the amount calculated pursuant 1,226
to the basic child support schedule and pursuant to the 1,227
applicable worksheet in division (E) of this section, through 1,228
line 24, or in division (F) of this section, through line 23, 1,229
would be unjust or inappropriate and would not be in the best 1,230
28
interest of the child and enters in the journal the figure, 1,231
determination, and findings specified in division (B)(2)(c) of 1,232
this section. 1,233
(5) When a court computes the amount of child support 1,235
required to be paid under a child support order or a child 1,236
support enforcement agency computes the amount of child support 1,237
to be paid pursuant to an administrative child support order 1,238
issued pursuant to section 3111.20, 3111.211, or 3111.22 of the 1,240
Revised Code, all of the following apply: 1,241
(a) The parents shall verify current and past income and 1,243
personal earnings with suitable documents, including, but not 1,244
limited to, paystubs, employer statements, receipts and expense 1,245
vouchers related to self-generated income, tax returns, and all 1,246
supporting documentation and schedules for the tax returns. 1,247
(b) The amount of any pre-existing child support 1,249
obligation of a parent under a child support order and the amount 1,250
of any court-ordered spousal support paid to a former spouse 1,251
shall be deducted from the gross income of that parent to the 1,252
extent that payment under the child support order or that payment 1,253
of the court-ordered spousal support is verified by supporting 1,254
documentation. 1,255
(c) If other minor children who were born to the parent 1,258
and a person other than the other parent who is involved in the 1,260
immediate child support determination live with the parent, the 1,261
court or agency shall deduct an amount from that parent's gross 1,262
income that equals the number of such minor children times the 1,263
federal income tax exemption for such children less child support 1,264
received for them for the year, not exceeding the federal income 1,265
tax exemption. 1,266
(d) When the court or agency calculates the gross income 1,268
of a parent, it shall include the lesser of the following as 1,269
income from overtime and bonuses: 1,270
(i) The yearly average of all overtime and bonuses 1,272
received during the three years immediately prior to the time 1,273
29
when the person's child support obligation is being computed; 1,274
(ii) The total overtime and bonuses received during the 1,276
year immediately prior to the time when the person's child 1,277
support obligation is being computed. 1,278
(e) When the court or agency calculates the gross income 1,280
of a parent, it shall not include any income earned by the spouse 1,281
of that parent. 1,282
(f) The court shall not order an amount of child support 1,285
for reasonable and ordinary uninsured medical or dental expenses 1,286
in addition to the amount of the child support obligation 1,287
determined in accordance with the schedule. The court shall 1,288
issue a separate order for extraordinary medical or dental 1,289
expenses, including, but not limited to, orthodontia,
psychological, appropriate private education, and other expenses, 1,290
and may consider the expenses in adjusting a child support order. 1,291
(g) When a court or agency calculates the amount of child 1,293
support to be paid pursuant to a child support order or an 1,294
administrative child support order, if the combined gross income 1,295
of both parents is an amount that is between two amounts set 1,296
forth in the first column of the schedule, the court or agency 1,297
may use the basic child support obligation that corresponds to 1,298
the higher of the two amounts in the first column of the 1,299
schedule, use the basic child support obligation that corresponds 1,300
to the lower of the two amounts in the first column of the 1,301
schedule, or calculate a basic child support obligation that is 1,302
between those two amounts and corresponds proportionally to the 1,303
parents' actual combined gross income. 1,304
(h) When the court or agency calculates gross income, the 1,306
court or agency, when appropriate, may average income over a 1,307
reasonable period of years. 1,308
(6)(a) If the court issues a shared parenting order in 1,310
accordance with section 3109.04 of the Revised Code, the court 1,311
shall order an amount of child support to be paid under the child 1,312
support order that is calculated in accordance with the schedule 1,313
30
and with the worksheet set forth in division (E) of this section, 1,314
through line 24, except that, if the application of the schedule 1,315
and the worksheet, through line 24, would be unjust or 1,316
inappropriate to the children or either parent and would not be 1,317
in the best interest of the child because of the extraordinary 1,318
circumstances of the parents or because of any other factors or 1,319
criteria set forth in division (B)(3) of this section, the court 1,320
may deviate from the amount of child support that would be 1,321
ordered in accordance with the schedule and worksheet, through 1,322
line 24, shall consider those extraordinary circumstances and 1,323
other factors or criteria if it deviates from that amount, and 1,324
shall enter in the journal the amount of child support calculated 1,325
pursuant to the basic child support schedule and pursuant to the 1,326
applicable worksheet, through line 24, its determination that 1,327
that amount would be unjust or inappropriate and would not be in 1,328
the best interest of the child, and findings of fact supporting 1,329
that determination. 1,330
(b) For the purposes of this division, "extraordinary 1,332
circumstances of the parents" includes, but is not limited to, 1,333
all of the following: 1,334
(i) The amount of time that the children spend with each 1,336
parent; 1,337
(ii) The ability of each parent to maintain adequate 1,339
housing for the children; 1,340
(iii) Each parent's expenses, including, but not limited 1,342
to, child care expenses, school tuition, medical expenses, and 1,343
dental expenses. 1,344
(7)(a) In any action in which a child support order is 1,346
issued or modified under Chapter 3115. or section 2151.23, 1,347
2151.231, 2151.232, 2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 1,348
3109.05, 3109.19, 3111.13, 3113.04, or 3113.31 of the Revised 1,351
Code or in any other proceeding in which the court determines the 1,352
amount of child support that will be ordered to be paid pursuant 1,353
to a child support order and except as otherwise provided in this 1,354
31
division, the court shall issue a minimum support order requiring 1,355
the obligor to pay a minimum amount of fifty dollars a month for 1,356
child support under the child support order. The court, in its 1,357
discretion and in appropriate circumstances, may issue a minimum 1,358
support order requiring the obligor to pay an amount of child 1,359
support that is less than fifty dollars a month or not requiring 1,360
the obligor to pay an amount for support. The appropriate 1,361
circumstances for which a court may issue a minimum support order 1,362
requiring an obligor to pay an amount of child support that is 1,363
less than fifty dollars a month or not requiring the obligor to 1,364
pay an amount for support include, but are not limited to, the 1,365
nonresidential parent's medically verified or documented physical 1,366
or mental disability or institutionalization in a facility for 1,367
persons with a mental illness. If the court issues a minimum 1,368
support order pursuant to this division and the obligor under the 1,369
support order is the recipient of need-based public assistance, 1,370
any unpaid amounts of support due under the support order shall 1,371
accrue as arrearages from month to month, the obligor's current 1,372
obligation to pay the support due under the support order is 1,373
suspended 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, and the court, obligee, and child support 1,378
enforcement agency shall not enforce the obligation of the 1,379
obligor to pay the amount of support due under the support order 1,380
during any period of time that the obligor is receiving 1,381
need-based public assistance and is complying with any seek work 1,382
orders issued pursuant to division (D)(4) of section 3113.21 of 1,383
the Revised Code. 1,385
(b) Notwithstanding division (B)(7)(a) of this section, if 1,387
the amount of support payments that federal law requires or 1,388
permits to be disregarded in determining eligibility for aid 1,389
under Chapter 5107. of the Revised Code exceeds fifty dollars, 1,390
instead of fifty dollars the amount of a minimum support order 1,391
32
described in division (B)(7)(a) of this section shall be the 1,392
amount federal law requires or permits to be disregarded. 1,393
(C) Except when the parents have split parental rights and 1,395
responsibilities, a parent's child support obligation for a child 1,396
for whom the parent is the residential parent and legal custodian 1,397
shall be presumed to be spent on that child and shall not become 1,398
part of a child support order, and a parent's child support 1,399
obligation for a child for whom the parent is not the residential 1,400
parent and legal custodian shall become part of a child support 1,401
order. If the parents have split parental rights and 1,402
responsibilities, the child support obligations of the parents 1,403
shall be offset, and the court shall issue a child support order 1,404
requiring the parent with the larger child support obligation to 1,405
pay the net amount pursuant to the child support order. If 1,406
neither parent of a child who is the subject of a child support 1,407
order is the residential parent and legal custodian of the child 1,408
and the child resides with a third party who is the legal 1,409
custodian of the child, the court shall issue a child support 1,410
order requiring each parent to pay that parent's child support 1,412
obligation pursuant to the child support order. 1,413
Whenever a court issues a child support order, it shall 1,415
include in the order specific provisions for regular, holiday, 1,416
vacation, and special visitation in accordance with section 1,417
3109.05, 3109.11, or 3109.12 of the Revised Code or in accordance 1,418
with any other applicable section of the Revised Code. The court 1,419
shall not authorize or permit the escrowing, impoundment, or 1,420
withholding of any child support payment because of a denial of 1,421
or interference with a right of visitation included as a specific 1,422
provision of the child support order or as a method of enforcing 1,423
the specific provisions of the child support order dealing with 1,424
visitation. 1,425
(D) The following basic child support schedule shall be 1,427
used by all courts and child support enforcement agencies when 1,428
calculating the amount of child support that will be paid 1,429
33
pursuant to a child support order or an administrative child 1,430
support order, unless the combined gross income of the parents is 1,431
less than sixty-six hundred dollars or more than one hundred 1,432
fifty thousand dollars: 1,433
Basic Child Support Schedule 1,434
Combined 1,436
Gross Number of Children 1,438
Income One Two Three Four Five Six 1,441
6600 600 600 600 600 600 600 1,442
7200 600 600 600 600 600 600 1,443
7800 600 600 600 600 600 600 1,444
8400 600 600 600 600 600 600 1,445
9000 849 859 868 878 887 896 1,446
9600 1259 1273 1287 1301 1315 1329 1,447
10200 1669 1687 1706 1724 1743 1761 1,448
10800 2076 2099 2122 2145 2168 2192 1,449
11400 2331 2505 2533 2560 2588 2616 1,450
12000 2439 2911 2943 2975 3007 3039 1,451
12600 2546 3318 3354 3390 3427 3463 1,452
13200 2654 3724 3765 3806 3846 3887 1,453
13800 2761 4029 4175 4221 4266 4311 1,454
14400 2869 4186 4586 4636 4685 4735 1,455
15000 2976 4342 4996 5051 5105 5159 1,456
15600 3079 4491 5321 5466 5524 5583 1,457
16200 3179 4635 5490 5877 5940 6003 1,458
16800 3278 4780 5660 6254 6355 6423 1,459
17400 3378 4924 5830 6442 6771 6843 1,460
18000 3478 5069 5999 6629 7186 7262 1,461
18600 3578 5213 6169 6816 7389 7682 1,462
19200 3678 5358 6339 7004 7592 8102 1,463
19800 3778 5502 6508 7191 7796 8341 1,464
20400 3878 5647 6678 7378 7999 8558 1,465
21000 3977 5790 6847 7565 8201 8774 1,466
21600 4076 5933 7015 7750 8402 8989 1,467
34
22200 4176 6075 7182 7936 8602 9204 1,468
22800 4275 6216 7345 8116 8798 9413 1,469
23400 4373 6357 7509 8297 8994 9623 1,470
24000 4471 6498 7672 8478 9190 9832 1,471
24600 4570 6639 7836 8658 9386 10042 1,472
25200 4668 6780 8000 8839 9582 10251 1,473
25800 4767 6920 8163 9020 9778 10461 1,474
26400 4865 7061 8327 9200 9974 10670 1,475
27000 4963 7202 8490 9381 10170 10880 1,476
27600 5054 7332 8642 9548 10351 11074 1,477
28200 5135 7448 8776 9697 10512 11246 1,478
28800 5216 7564 8911 9845 10673 11418 1,479
29400 5297 7678 9045 9995 10833 11592 1,480
30000 5377 7792 9179 10143 10994 11764 1,481
30600 5456 7907 9313 10291 11154 11936 1,482
31200 5535 8022 9447 10439 11315 12107 1,483
31800 5615 8136 9581 10587 11476 12279 1,484
32400 5694 8251 9715 10736 11636 12451 1,485
33000 5774 8366 9849 10884 11797 12623 1,486
33600 5853 8480 9983 11032 11957 12794 1,487
34200 5933 8595 10117 11180 12118 12966 1,488
34800 6012 8709 10251 11328 12279 13138 1,489
35400 6091 8824 10385 11476 12439 13310 1,490
36000 6171 8939 10519 11624 12600 13482 1,491
36600 6250 9053 10653 11772 12761 13653 1,492
37200 6330 9168 10787 11920 12921 13825 1,493
37800 6406 9275 10913 12058 13071 13988 1,494
38400 6447 9335 10984 12137 13156 14079 1,495
39000 6489 9395 11055 12215 13242 14170 1,496
39600 6530 9455 11126 12294 13328 14261 1,497
40200 6571 9515 11197 12373 13413 14353 1,498
40800 6613 9575 11268 12451 13499 14444 1,499
41400 6653 9634 11338 12529 13583 14534 1,500
42000 6694 9693 11409 12607 13667 14624 1,501
35
42600 6735 9752 11479 12684 13752 14714 1,502
43200 6776 9811 11549 12762 13836 14804 1,503
43800 6817 9871 11619 12840 13921 14894 1,504
44400 6857 9930 11690 12917 14005 14985 1,505
45000 6898 9989 11760 12995 14090 15075 1,506
45600 6939 10049 11830 13073 14174 15165 1,507
46200 6978 10103 11897 13146 14251 15250 1,508
46800 7013 10150 11949 13203 14313 15316 1,509
47400 7048 10197 12000 13260 14375 15382 1,510
48000 7083 10245 12052 13317 14437 15448 1,511
48600 7117 10292 12103 13374 14498 15514 1,512
49200 7152 10339 12155 13432 14560 15580 1,513
49800 7187 10386 12206 13489 14622 15646 1,514
50400 7222 10433 12258 13546 14684 15712 1,515
51000 7257 10481 12309 13603 14745 15778 1,516
51600 7291 10528 12360 13660 14807 15844 1,517
52200 7326 10575 12412 13717 14869 15910 1,518
52800 7361 10622 12463 13774 14931 15976 1,519
53400 7396 10669 12515 13832 14992 16042 1,520
54000 7431 10717 12566 13889 15054 16108 1,521
54600 7468 10765 12622 13946 15120 16178 1,522
55200 7524 10845 12716 14050 15232 16298 1,523
55800 7582 10929 12814 14159 15350 16425 1,524
56400 7643 11016 12918 14273 15474 16558 1,525
57000 7704 11104 13021 14388 15598 16691 1,526
57600 7765 11192 13125 14502 15722 16824 1,527
58200 7825 11277 13225 14613 15842 16953 1,528
58800 7883 11361 13324 14723 15961 17079 1,529
59400 7941 11445 13423 14832 16079 17206 1,530
60000 8000 11529 13522 14941 16197 17333 1,531
60600 8058 11612 13620 15050 16315 17460 1,532
61200 8116 11696 13719 15160 16433 17587 1,533
61800 8175 11780 13818 15269 16552 17714 1,534
62400 8233 11864 13917 15378 16670 17840 1,535
36
63000 8288 11945 14011 15481 16783 17958 1,536
63600 8344 12024 14102 15582 16893 18075 1,537
64200 8399 12103 14194 15683 17002 18193 1,538
64800 8454 12183 14285 15784 17111 18310 1,539
65400 8510 12262 14376 15885 17220 18427 1,540
66000 8565 12341 14468 15986 17330 18544 1,541
66600 8620 12421 14559 16087 17439 18661 1,542
67200 8676 12500 14650 16188 17548 18778 1,543
67800 8731 12579 14741 16289 17657 18895 1,544
68400 8786 12659 14833 16390 17767 19012 1,545
69000 8842 12738 14924 16491 17876 19129 1,546
69600 8897 12817 15015 16592 17985 19246 1,547
70200 8953 12897 15107 16693 18094 19363 1,548
70800 9008 12974 15196 16791 18201 19476 1,549
71400 9060 13047 15281 16885 18302 19585 1,550
72000 9111 13120 15366 16979 18404 19694 1,551
72600 9163 13194 15451 17073 18506 19803 1,552
73200 9214 13267 15536 17167 18608 19912 1,553
73800 9266 13340 15621 17261 18709 20021 1,554
74400 9318 13413 15706 17355 18811 20130 1,555
75000 9369 13487 15791 17449 18913 20239 1,556
75600 9421 13560 15876 17543 19015 20347 1,557
76200 9473 13633 15961 17636 19116 20456 1,558
76800 9524 13707 16046 17730 19218 20565 1,559
77400 9576 13780 16131 17824 19320 20674 1,560
78000 9627 13853 16216 17918 19422 20783 1,561
78600 9679 13927 16300 18012 19523 20892 1,562
79200 9731 14000 16385 18106 19625 21001 1,563
79800 9782 14073 16470 18200 19727 21109 1,564
80400 9834 14147 16555 18294 19829 21218 1,565
81000 9885 14220 16640 18387 19930 21326 1,566
81600 9936 14292 16723 18480 20030 21434 1,567
82200 9987 14364 16807 18573 20131 21541 1,568
82800 10038 14439 16891 18665 20235 21651 1,569
37
83400 10090 14514 16979 18762 20340 21763 1,570
84000 10142 14589 17066 18859 20444 21875 1,571
84600 10194 14663 17154 18956 20549 21987 1,572
85200 10246 14738 17241 19052 20653 22099 1,573
85800 10298 14813 17329 19149 20758 22211 1,574
86400 10350 14887 17417 19246 20863 22323 1,575
87000 10403 14962 17504 19343 20967 22435 1,576
87600 10455 15037 17592 19440 21072 22547 1,577
88200 10507 15111 17679 19537 21176 22659 1,578
88800 10559 15186 17767 19633 21281 22771 1,579
89400 10611 15261 17855 19730 21386 22883 1,580
90000 10663 15335 17942 19827 21490 22995 1,581
90600 10715 15410 18030 19924 21595 23107 1,582
91200 10767 15485 18118 20021 21700 23219 1,583
91800 10819 15559 18205 20118 21804 23331 1,584
92400 10872 15634 18293 20215 21909 23443 1,585
93000 10924 15709 18380 20311 22013 23555 1,586
93600 10976 15783 18468 20408 22118 23667 1,587
94200 11028 15858 18556 20505 22223 23779 1,588
94800 11080 15933 18643 20602 22327 23891 1,589
95400 11132 16007 18731 20699 22432 24003 1,590
96000 11184 16082 18818 20796 22536 24115 1,591
96600 11236 16157 18906 20892 22641 24227 1,592
97200 11289 16231 18994 20989 22746 24339 1,593
97800 11341 16306 19081 21086 22850 24451 1,594
98400 11393 16381 19169 21183 22955 24563 1,595
99000 11446 16450 19255 21279 23062 24676 1,596
99600 11491 16516 19334 21366 23156 24777 1,597
100200 11536 16583 19413 21453 23250 24878 1,598
100800 11581 16649 19491 21539 23345 24978 1,599
101400 11625 16714 19569 21625 23437 25077 1,600
102000 11670 16779 19646 21710 23530 25177 1,601
102600 11714 16844 19724 21796 23623 25276 1,602
103200 11759 16909 19801 21881 23715 25375 1,603
38
103800 11803 16974 19879 21967 23808 25475 1,604
104400 11847 17039 19956 22052 23901 25574 1,605
105000 11892 17104 20034 22138 23994 25673 1,606
105600 11934 17167 20108 22220 24083 25769 1,607
106200 11979 17232 20186 22305 24176 25868 1,608
106800 12023 17297 20263 22391 24269 25968 1,609
107400 12068 17362 20341 22476 24361 26067 1,610
108000 12110 17425 20415 22559 24451 26162 1,611
108600 12155 17490 20493 22644 24543 26262 1,612
109200 12199 17555 20570 22730 24636 26361 1,613
109800 12243 17620 20648 22815 24729 26460 1,614
110400 12286 17683 20722 22897 24818 26556 1,615
111000 12331 17748 20800 22983 24911 26655 1,616
111600 12375 17813 20877 23068 25004 26755 1,617
112200 12419 17878 20955 23154 25096 26854 1,618
112800 12462 17941 21029 23236 25186 26949 1,619
113400 12506 18006 21107 23322 25278 27049 1,620
114000 12551 18071 21184 23407 25371 27148 1,621
114600 12595 18136 21262 23493 25464 27247 1,622
115200 12640 18202 21339 23578 25557 27347 1,623
115800 12682 18264 21414 23660 25646 27442 1,624
116400 12727 18329 21491 23746 25739 27542 1,625
117000 12771 18394 21569 23831 25832 27641 1,626
117600 12815 18460 21646 23917 25924 27740 1,627
118200 12858 18522 21721 23999 26013 27836 1,628
118800 12902 18587 21798 24084 26106 27935 1,629
119400 12947 18652 21876 24170 26199 28034 1,630
120000 12991 18718 21953 24256 26292 28134 1,631
120600 13034 18780 22028 24338 26381 28229 1,632
121200 13078 18845 22105 24423 26474 28329 1,633
121800 13123 18910 22183 24509 26567 28428 1,634
122400 13167 18976 22260 24594 26659 28527 1,635
123000 13210 19038 22335 24676 26749 28623 1,636
123600 13254 19103 22412 24762 26841 28722 1,637
39
124200 13299 19168 22490 24847 26934 28821 1,638
124800 13343 19234 22567 24933 27027 28921 1,639
125400 13386 19296 22642 25015 27116 29016 1,640
126000 13430 19361 22719 25101 27209 29115 1,641
126600 13474 19426 22797 25186 27302 29215 1,642
127200 13519 19492 22874 25272 27395 29314 1,643
127800 13561 19554 22949 25354 27484 29410 1,644
128400 13606 19619 23026 25439 27576 29509 1,645
129000 13650 19684 23104 25525 27669 29608 1,646
129600 13695 19750 23181 25610 27762 29708 1,647
130200 13739 19815 23259 25696 27855 29807 1,648
130800 13783 19879 23335 25780 27946 29905 1,649
131400 13828 19945 23414 25868 28041 30007 1,650
132000 13874 20012 23494 25955 28136 30108 1,651
132600 13919 20079 23573 26043 28231 30210 1,652
133200 13963 20143 23649 26127 28323 30308 1,653
133800 14008 20210 23729 26215 28418 30410 1,654
134400 14054 20276 23808 26302 28513 30511 1,655
135000 14099 20343 23887 26390 28608 30613 1,656
135600 14143 20407 23964 26474 28699 30711 1,657
136200 14188 20474 24043 26561 28794 30813 1,658
136800 14234 20541 24123 26649 28889 30914 1,659
137400 14279 20607 24202 26737 28984 31016 1,660
138000 14323 20671 24278 26821 29075 31114 1,661
138600 14368 20738 24358 26908 29170 31215 1,662
139200 14414 20805 24437 26996 29265 31317 1,663
139800 14459 20872 24516 27083 29361 31419 1,664
140400 14503 20936 24593 27168 29452 31517 1,665
141000 14549 21002 24672 27255 29547 31618 1,666
141600 14594 21069 24751 27343 29642 31720 1,667
142200 14639 21136 24831 27430 29737 31822 1,668
142800 14683 21200 24907 27515 29828 31920 1,669
143400 14729 21267 24986 27602 29923 32021 1,670
144000 14774 21333 25066 27690 30018 32123 1,671
40
144600 14820 21400 25145 27777 30113 32225 1,672
145200 14865 21467 25225 27865 30208 32327 1,673
145800 14909 21531 25301 27949 30300 32424 1,674
146400 14963 21596 25377 28041 30396 32526 1,675
147000 15006 21659 25452 28124 30486 32622 1,676
147600 15049 21722 25527 28207 30576 32718 1,677
148200 15090 21782 25599 28286 30662 32810 1,678
148800 15133 21845 25674 28369 30752 32907 1,679
149400 15176 21908 25749 28452 30842 33003 1,680
150000 15218 21971 25823 28534 30931 33099 1,681
(E) When a court or child support enforcement agency 1,684
calculates the amount of child support that will be required to 1,685
be paid pursuant to a child support order or an administrative 1,686
child support order in a proceeding in which one parent is the 1,687
residential parent and legal custodian of all of the children who 1,688
are the subject of the child support order or the court issues a 1,689
shared parenting order, the court or child support enforcement 1,690
agency shall use a worksheet that is identical in content and 1,691
form to the following worksheet: 1,692
"Worksheet 1,693
............... County Domestic Relations Court (or) 1,694
............... County Child Support Enforcement Agency 1,695
Child Support Computation 1,696
Sole Residential Parent or 1,697
Shared Parenting Order 1,698
Name of parties ................................................. 1,700
Case No. .......... 1,702
Number of minor children ...... The following parent was 1,704
designated as the residential parent and legal custodian 1,705
(disregard if shared parenting order): 1,706
............. mother; ............ father. 1,708
Father has ..... pay periods annually; mother has ..... pay 1,710
periods annually. 1,711
41
Column I Column II Column III 1,713
Father Mother Combined
1a. Annual gross income from 1,716
employment or, when
determined appropriate by 1,717
the court or agency,
average annual gross income
from employment over a
reasonable period of years 1,718
(exclude overtime and
bonuses)................... $...... $...... 1,720
b. Amount of overtime and 1,721
bonuses Father Mother 1,722
Yr. 3 1,723
(Three years ago) $...... $...... 1,725
Yr. 2 1,726
(Two years ago) $...... $...... 1,728
Yr. 1 1,729
(Last calendar year) $...... $...... 1,731
Average: $...... $...... 1,733
(Include in Column I and/or 1,734
Column II the average of
the three years or the year 1,735
1 amount, whichever is
less, if there exists a
reasonable expectation that 1,736
the total earnings from
overtime and/or bonuses
during the current calendar 1,737
year will meet or exceed
the amount that is the
lower of the average of the 1,738
three years or the year 1
amount. If, however, there
42
exists a reasonable 1,739
expectation that the total
earnings from
overtime/bonuses during the 1,740
current calendar year will
be less than the lower of
the average of the three 1,741
years or the year 1 amount,
include only the amount
reasonably expected to be 1,742
earned this year.)......... $...... $...... 1,743
2. Annual income from interest 1,744
and dividends (whether or
not taxable)............... $...... $...... 1,746
3. Annual income from 1,747
unemployment compensation.. $...... $...... 1,748
4. Annual income from workers' 1,749
compensation or disability
insurance benefits......... $...... $...... 1,751
5. Other annual income 1,752
(identify)................. $...... $...... 1,753
6. Total annual gross income 1,754
(add lines 1-5)............ $...... $...... 1,755
7. Annual court-ordered support 1,756
paid for other children.... $...... $...... 1,757
8. Adjustment for minor 1,758
children born to either
parent and another parent, 1,759
which children are living
with this parent (number of
children times federal 1,760
income tax exemption less
child support received for
the year, not to exceed the 1,761
43
federal tax exemption)..... $...... $...... 1,762
9. Annual court-ordered spousal 1,763
support paid to a former
spouse..................... $...... $...... 1,765
10. Amount of local income taxes 1,766
actually paid or estimated
to be paid................. $...... $...... 1,768
11. For self-employed 1,769
individuals, deduct 5.6% of
adjusted gross income or 1,770
the actual marginal
difference between the
actual rate paid by the
self-employed individual 1,771
and the F.I.C.A. rate...... $...... $...... 1,772
12. For self-employed 1,773
individuals, deduct
ordinary and necessary
business expenses.......... $...... $...... 1,775
13. Total gross income 1,776
adjustments (add lines
7-12)...................... $...... $...... 1,777
14. Adjusted annual gross income 1,778
(subtract line 13 from line
6)......................... $...... $...... 1,780
15. Combined annual income that 1,781
is basis for child support
order (add line 14, Col. I 1,782
and Col. II)......................... $......
16. Percentage parent's income 1,783
to total income
a. Father (divide line 14, Col. 1,784
I by line 15, Col. III) .........% 1,785
44
b. Mother (divide line 14, Col. 1,786
II by line 15, Col. III) .......... + .......% = 100% 1,787
17. Basic combined child support 1,788
obligation (Refer to basic
child support schedule in 1,789
division (D) of section
3113.215 of the Revised
Code; in the first column 1,790
of the schedule, locate the
sum that is nearest to the
combined annual income 1,791
listed in line 15, Col. III
of this worksheet, then
refer to the column of the 1,792
schedule that corresponds
to the number of children
in this family. If the 1,793
income of the parents is
more than one sum, and less
than another sum, in the 1,794
first column of the
schedule, you may calculate
the basic combined child 1,795
support obligation based
upon the obligation for
those two sums.)........... $...... 1,797
18. Annual child care expenses 1,798
for the children who are
the subject of this order 1,799
that are work, employment
training, or education 1,800
related, as approved by the
court or agency (deduct the
tax credit from annual 1,801
45
cost, whether or not
claimed)................... $...... $...... 1,802
19. Marginal, out-of-pocket 1,803
costs, necessary to provide
for health insurance for 1,804
the children who are the
subject of this order...... $...... $...... 1,805
20. Total child care and medical 1,806
expenses (add lines 18 and
19, Column I and Column II). $...... $...... 1,808
21. Combined annual child 1,809
support obligation for this
family (add lines 17 and 1,810
20, Column I and Column II). ....... $...... 1,811
22. Annual support 1,812
obligation/parent
a. Father (multiply line 21, 1,813
Col. III, by line 16a)..... $...... 1,814
b. Mother (multiply line 21, 1,815
Col. III, by line 16b)..... $...... 1,816
23. Adjustment for actual 1,817
expenses paid for annual
child care expenses and 1,818
marginal, out-of-pocket
costs, necessary to provide
for health insurance (enter 1,819
number from line 18 or 19
if applicable)............. $...... $...... 1,820
24. Actual annual obligation 1,821
(subtract line 23 from line
22a or 22b)................ $...... $...... 1,823
25. Gross household income per 1,824
party after exchange of
child support (add lines 14 1,826
46
and 24 Column I or II for
residential parent or, in 1,827
the case of shared 1,828
parenting order, the parent
to whom child support will
be paid; subtract line 24 1,829
Column I or II from line 14
for parent who is not the
residential parent or, in 1,830
the case of shared
parenting order, the parent
who will pay child support). $...... $...... 1,832
26. Comments, rebuttal, or 1,833
adjustments to correct
figures in lines 24, Column 1,834
I and 24, Column II if they
would be unjust or
inappropriate and would not 1,835
be in best interest of the
child or children (specific
facts to support
adjustments must be 1,836
included).................. $...... $...... 1,837
................................................................. 1,839
................................................................. 1,840
................................................................. 1,841
(Addendum sheet may be attached) 1,842
27. Final figure (this amount 1,844
reflects final annual child
support obligation)........ $...... father/mother 1,846
obligor
28. For decree: child support 1,849
per child per week or per
month (divide obligor's 1,850
47
annual share, line 27, by
12 or 52 and by number of
children).................. $...... 1,852
29. For deduction order: child 1,853
support per pay period
(calculate support per pay 1,854
period from figure on line
28) plus appropriate
processing charge. $...... 1,856
Calculations have been reviewed. 1,859
Signatures .............................. 1,861
Father 1,862
I do/do not consent. 1,863
Sworn to before me and subscribed in my presence, this 1,865
..... day of .........., 19... 1,866
.............................. 1,868
Notary Public 1,869
.............................. 1,870
Mother 1,871
I do/do not consent. 1,872
Sworn to before me and subscribed in my presence, this 1,875
..... day of .........., 19... 1,876
.............................. 1,877
Notary Public 1,878
.............................. .............................. 1,879
Attorney for Father Attorney for Mother" 1,881
(F) When a court or child support enforcement agency 1,884
calculates the amount of child support that will be required to 1,885
be paid pursuant to a child support order in a proceeding in 1,886
which both parents have split parental rights and 1,887
responsibilities with respect to the children who are the subject 1,888
of the child support order, the court or child support 1,889
enforcement agency shall use a worksheet that is identical in 1,890
content and form to the following worksheet: 1,891
48
"Worksheet 1,892
............... County Domestic Relations Court (or) 1,893
............... County Child Support Enforcement Agency 1,894
Child Support Computation 1,895
Split Parental Rights and Responsibilities 1,896
Name of parties ............................. 1,898
Case No. .......... 1,900
Number of minor children ...... The following parent was 1,902
designated residential parent and legal custodian: 1,903
............ mother; ............ father. 1,905
Father has ..... pay periods annually; mother has ..... pay 1,907
periods annually.
Column I Column II Column III 1,909
Father Mother Combined
1a. Annual gross income from 1,912
employment or, when
determined to be
appropriate by the court or 1,913
agency, average annual
gross income from
employment over a 1,914
reasonable period of years
(exclude overtime and
bonuses)................... $...... $...... 1,916
b. Amount of overtime and 1,917
bonuses Father Mother 1,918
Yr. 3 1,919
(Three years ago) $...... $...... 1,920
Yr. 2 1,921
(Two years ago) $...... $...... 1,922
Yr. 1 1,923
(Last calendar year) $...... $...... 1,924
Average: $...... $...... 1,925
49
(Include in Column I and/or 1,926
Column II the average of
the three years or the year 1,927
1 amount, whichever is
less, if there exists a
reasonable expectation that 1,928
the total earnings from
overtime and/or bonuses 1,929
during the current calendar
year will meet or exceed
the amount that is the 1,930
lower of the average of the
three years or the year 1
amount. If, however, there 1,931
exists a reasonable 1,932
expectation that the total
earnings from
overtime/bonuses during the 1,933
current calendar year will
be less than the lower of
the average of the three 1,934
years or the year 1 amount,
include only the amount
reasonably expected to be 1,936
earned this year.)......... $...... $....... 1,937
2. Annual income from interest 1,938
and dividends (whether or
not taxable)............... $...... $...... 1,940
3. Annual income from 1,941
unemployment compensation.. $...... $...... 1,942
4. Annual income from workers' 1,943
compensation or disability
insurance benefits......... $...... $...... 1,945
50
5. Other annual income 1,946
(identify)................. $...... $...... 1,947
6. Total annual gross income 1,948
(add lines 1-5)............ $...... $...... 1,949
7. Annual court-ordered support 1,950
paid for other children.... $...... $...... 1,951
8. Adjustment for minor 1,952
children born to either
parent and another parent, 1,953
which children are living
with this parent (number of
children times federal 1,954
income tax exemption less
child support received for
the year, not to exceed the 1,955
federal tax exemption)..... $...... $...... 1,956
9. Annual court-ordered spousal 1,957
support paid to a former
spouse..................... $...... $...... 1,959
10. Amount of local income taxes 1,960
actually paid or estimated
to be paid................. $...... $...... 1,962
11. For self-employed 1,963
individuals, deduct 5.6% of
adjusted gross income or 1,964
the actual marginal
difference between the
actual rate paid by the
self-employed individual 1,965
and the F.I.C.A. rate...... $...... $...... 1,966
12. For self-employed 1,967
individuals, deduct
ordinary and necessary
business expenses.......... $...... $...... 1,969
51
13. Total gross income 1,970
adjustments (add lines
7-12)...................... $...... $...... 1,971
14. Adjusted annual gross income 1,972
(subtract line 13 from line
6)......................... $...... $...... 1,974
15. Combined annual income that 1,975
is basis for child support
order (add line 14, Col. I 1,976
and Col. II)............... $..... 1,977
16. Percentage parent's income 1,978
to total income
a. Father (divide line 14, Col. 1,979
I by line 15, Col. III) .........% 1,980
b. Mother (divide line 14, Col. 1,981
II by line 15, Col. III)... + .......% = 100% 1,982
17. Basic combined child support 1,983
obligation/household
a. For children for whom the 1,984
father is the residential
parent and legal custodian 1,985
(Refer to basic child
support schedule in
division (D) of section 1,986
3113.215 of the Revised
Code; in the first column
of the schedule, locate the 1,987
sum that is nearest to the
combined annual income
listed in line 15, Col. III 1,988
of this worksheet, then
refer to the column of the
schedule that corresponds 1,989
to the number of children
52
for whom the father is the
residential parent and 1,990
legal custodian. If the
income of the parents is
more than one sum, and less 1,991
than another sum, in the
first column of the
schedule, you may calculate 1,992
the basic combined child
support obligation based
upon the obligation for 1,993
those two sums.)........... $...... 1,994
b. For children for whom the 1,995
mother is the residential
parent and the legal 1,996
custodian. (Refer to basic
child support schedule in
division (D) of section 1,997
3113.215 of the Revised
Code; in the first column 1,998
of the schedule, locate the
sum that is nearest to the
combined annual income 1,999
listed in line 15, Col. III
of this worksheet, then
refer to the column of the 2,000
schedule that corresponds
to the number of children
for whom the mother is the 2,001
residential parent and the 2,002
legal custodian. If the
income of the parents is
more than one sum, and less 2,003
than another sum, in the
53
first column of the
schedule, you may calculate 2,004
the basic combined child
support obligation based
upon the obligation for 2,005
those two sums.)........... $...... 2,006
18. Annual child care expenses 2,007
for the children who are
the subject of this order 2,008
that are work, employment
training, or education 2,009
related, as approved by the
court or agency (deduct the
tax credit from annual 2,010
cost, whether or not
claimed)
a. Expenses paid by the father. $...... 2,012
b. Expenses paid by the mother. $...... 2,014
19. Marginal, out-of-pocket 2,015
costs, necessary to provide
for health insurance for 2,016
the children who are the
subject of this order
a. Costs paid by the father.... $...... 2,018
b. Costs paid by the mother.... $...... 2,020
20. Total annual child care and 2,021
medical expenses
a. Of father (add lines 18a and 2,022
19a)....................... $...... 2,023
b. Of mother (add lines 18b and 2,024
19b)....................... $...... 2,025
21. Total annual child support 2,026
obligation
54
a. Of father for child(ren) for 2,027
whom the mother is the
residential parent and 2,028
legal custodian (add lines
20a and 17b and multiply by
line 16a).................. $...... 2,030
b. Of mother for child(ren) for 2,031
whom the father is the
residential parent and 2,032
legal custodian (add lines
20b and 17a and multiply by 2,033
line 16b).................. $...... 2,034
22. Adjustment for actual 2,035
expenses paid for annual
child care expenses, and 2,036
marginal, out-of-pocket
costs, necessary to provide
for health insurance
a. For father (enter number 2,037
from line 20a)............. $...... 2,038
b. For mother (enter number 2,039
from line 20b)............. $...... 2,040
23. Actual annual obligation 2,041
(subtract line 22a from
line 21a and insert in 2,042
Column I; subtract line 22b
from line 21b and insert in
Column II)................. $...... $...... 2,044
24. Net annual support 2,045
obligation (greater amount
on line 23 Column I or line 2,046
23 Column II minus lesser
amount on line 23 Column I
or line 23 Column II)...... $...... $...... 2,048
55
25. Gross household income per 2,049
party after exchange of
child support.............. $...... $...... 2,051
(add line 14 and line 24 2,052
for the parent receiving a
child support payment; 2,053
subtract line 24 from line
14 for the parent making a
child support payment) 2,054
26. Comments, rebuttal, or 2,055
adjustments to correct
figures in lines 24, Column 2,056
I and 24, Column II if they
would be unjust or
inappropriate and would not 2,057
be in best interest of the
children (specific facts to
support adjustments must be 2,058
included).................. $...... $...... 2,059
................................................................. 2,061
................................................................. 2,062
................................................................. 2,063
(Addendum sheet may be attached) 2,064
27. Final figure (this amount 2,066
reflects final annual child
support obligation)........ $...... father/mother 2,068
obligor
28. For decree: child support 2,071
per child per week or per
month (divide obligor's 2,072
annual share, line 27, by
12 or 52 and by the number
of children)............... $...... 2,074
56
29. For deduction order: child 2,075
support per day (calculate
support per pay period from 2,076
figure on line 28) and add
appropriate processing 2,077
charge. $...... 2,078
Calculations have been reviewed. 2,081
Signatures .............................. 2,083
Father 2,084
I do/do not consent. 2,085
Sworn to before me and subscribed in my presence, this 2,088
..... day of .........., 19... 2,089
.............................. 2,091
Notary Public 2,092
.............................. 2,093
Mother 2,094
I do/do not consent. 2,095
Sworn to before me and subscribed in my presence, this 2,098
..... day of .........., 19... 2,099
.............................. 2,101
Notary Public 2,102
.............................. .............................. 2,103
Attorney for Father Attorney for Mother" 2,104
(G) At least once every four years, the department of 2,107
human services shall review the basic child support schedule set 2,108
forth in division (D) of this section to determine whether 2,109
support orders issued in accordance with the schedule and the 2,110
applicable worksheet in division (E) of this section, through 2,111
line 24, or in division (F) of this section, through line 23, 2,112
adequately provide for the needs of the children who are subject 2,113
to the support orders, prepare a report of its review, and submit 2,114
a copy of the report to both houses of the general assembly. For 2,115
each review, the department shall establish a child support 2,116
guideline advisory council to assist the department in the 2,118
57
completion of its reviews and reports. Each council shall be 2,120
composed of obligors, obligees, judges of courts of common pleas
who have jurisdiction over domestic relations cases, attorneys 2,121
whose practice includes a significant number of domestic 2,122
relations cases, representatives of child support enforcement 2,123
agencies, other persons interested in the welfare of children, 2,124
three members of the senate appointed by the president of the 2,125
senate, no more than two of whom are members of the same party, 2,126
and three members of the house of representatives appointed by 2,127
the speaker of the house, no more than two of whom are members of 2,128
the same party. The department shall consider input from the 2,129
council prior to the completion of any report under this section. 2,131
The advisory council shall cease to exist at the time that it 2,132
submits its report to the general assembly. Any expenses 2,133
incurred by an advisory council shall be paid by the department. 2,134
On or before March 1, 1993, the department shall submit its 2,136
initial report under this division to both houses of the general 2,137
assembly. On or before the first day of March of every fourth 2,138
year after 1993, the department shall submit a report under this 2,139
division to both houses of the general assembly. 2,140
Sec. 3501.31. The board of elections shall mail to each 2,149
precinct election official notice of the date, hours, and place 2,150
of holding each election in the official's respective precinct at 2,152
which it desires the official to serve. Each of such officials 2,153
shall notify the board immediately upon receipt of such notice of 2,155
any inability to serve.
The election official designated as presiding judge under 2,159
section 3501.22 of the Revised Code shall call at the office of 2,160
the board at such time before the day of the election, not 2,161
earlier than the tenth day before the day of the election, as the 2,162
board designates to obtain the ballots, pollbooks, registration 2,163
forms and lists, and other material to be used in the official's 2,164
polling place on election day.
The board may also provide for the delivery of such 2,166
58
materials to polling places in a municipal corporation by members 2,167
of the police department of such municipal corporation; or the 2,168
board may provide for the delivery of such materials to the 2,169
presiding judge not earlier than the tenth day before the 2,170
election, in any manner it finds to be advisable. 2,171
On election day the precinct election officials shall 2,173
punctually attend the polling place one-half hour before the time 2,174
fixed for opening the polls. Each of the precinct election 2,175
officials shall thereupon make and subscribe to a statement which 2,176
shall be as follows: 2,177
"State of Ohio 2,179
County of ............... 2,181
I do solemnly swear under the penalty of perjury that I 2,183
will support the constitution of the United States of America and 2,184
the constitution of the state of Ohio and its laws; that I have 2,185
not been convicted of a felony or any violation of the election 2,186
laws; that I will discharge to the best of my ability the duties 2,187
of .................... (judge or clerk) .................... of 2,188
election in and for precinct .................... in the 2,189
.................... (township) or (ward and city or village) 2,190
.................... in the county of ...................., in 2,191
the election to be held on the .......... day of ..............., 2,192
19....., as required by law and the rules and instructions of the 2,193
board of elections of said county; and that I will endeavor to 2,194
prevent fraud in such election, and will report immediately to 2,195
said board any violations of the election laws which come to my 2,196
attention, and will not disclose any information as to how any 2,197
elector voted which is gained by me in the discharge of my 2,198
official duties. 2,199
.............................. .............................. 2,201
.............................. .............................. 2,202
.............................. .............................. 2,203
.............................. .............................. 2,204
.............................. .............................. 2,205
59
.............................. .............................. 2,206
(Signatures of precinct election officials)" 2,208
If any of the other precinct officials is absent at that 2,210
time, the presiding judge, with the concurrence of a majority of 2,211
the precinct election officials present, shall appoint a 2,212
qualified elector who is a member of the same political party as 2,213
the political party of which such absent precinct election 2,214
official is a member to fill the vacancy until the board appoints 2,215
a person to fill such vacancy and the person so appointed reports 2,216
for duty at the polling place. The presiding judge shall 2,217
promptly notify the board of such vacancy by telephone or 2,218
otherwise. The presiding judge also shall assign the precinct 2,220
election officials to their respective duties and shall have 2,221
general charge of the polling place. 2,222
Sec. 3509.04. Upon receipt by the director of elections of 2,231
an application for absent voter's ballots, as provided by 2,232
sections 3509.03 and 3509.031, and division (G) of section 2,233
3503.16, of the Revised Code, the director, if the director finds 2,235
that the applicant is a qualified elector and is entitled to vote 2,236
absent voter's ballots as applied for in the application, shall 2,237
deliver to the applicant in person or mail directly to the 2,238
applicant by special delivery mail, air mail, or regular mail, 2,239
postage prepaid, proper absent voter's ballots. The director 2,240
shall give proper absent voter's ballots to any qualified elector 2,241
who presents himself SELF to vote at the office of the board of 2,243
elections or at another location designated by the board as 2,244
provided in division (B) or (C) of section 3503.16 of the Revised 2,245
Code. The director shall give, deliver, or mail with the ballots
an unsealed identification envelope upon the face of which shall 2,246
be printed a form substantially as follows: 2,247
"Identification Envelope Statement of Voter 2,250
I, the undersigned voter, declare under penalty of election 2,252
falsification that the within ballot or ballots contained no 2,253
voting marks of any kind when I received them, and I caused the 2,254
60
ballot or ballots to be marked, enclosed in the identification 2,255
envelope, and sealed in said envelope. 2,256
My voting residence in Ohio is 2,258
................................................................. 2,259
(Street and Number, if any, or Rural Route and Number) 2,261
of ................................ (City, Village, or Township) 2,263
Ohio, which is in Ward ............... Precinct ................ 2,264
in said city, village, or township. 2,265
.....I am a qualified elector of the state of Ohio. (Applicant 2,267
must check the true statement concerning his THE APPLICANT'S 2,268
reason for voting by absent voter's ballots) 2,269
.....I shall be absent from the county on the day of the 2,271
election.
.....I shall be outside the United States on the day of the 2,273
election. (Applicants who check this statement must also 2,274
check the appropriate box on the enclosed return envelope to 2,275
indicate that they will be outside the United States.) 2,276
.....I shall be absent from my polling place on the day of the 2,279
election due to my entry or the entry of a member of my
family into a hospital for medical or surgical treatment. 2,281
.....I shall be absent from my polling place on the day of the 2,284
election due to physical illness, disability, or infirmity. 2,285
.....My employment as a full-time fire fighter, peace officer, or 2,287
provider of emergency medical services may prevent me from 2,288
voting at my polling place on the day of the election. 2,289
.....I shall be absent from my polling place on the day of the 2,291
election because I am on active duty with the organized 2,292
militia in the state of Ohio. 2,293
.....I shall be unable to vote on election day because of 2,295
observance of my religious belief. 2,296
.....I am the secretary of state. 2,298
.....I am an employee of the secretary of state. 2,300
.....I am a member of the board of elections. 2,303
.....I am an employee of or person temporarily hired by the board 2,306
61
of elections.
.....I am a polling place official. 2,308
.....I shall be absent from my polling place on the day of the 2,311
election due to my confinement in a jail or workhouse under 2,312
sentence for a misdemeanor or awaiting trial on a felony or 2,313
misdemeanor.
.....I am sixty-two years of age or older. 2,315
.....I moved from one precinct to another in the same county or 2,318
from one county to another on or prior to the day of an 2,319
election and did not file a notice of change of residence. 2,320
.....I changed my name on or prior to the day of an election and 2,323
did not file a notice of change of name. 2,324
The primary election ballots, if any, within this envelope 2,326
are primary election ballots of the ............. Party. 2,327
Ballots contained herein are to be voted at the .......... 2,329
(general, special, or primary) election to be held on the 2,330
.......................... day of ......................, 19.... 2,331
I hereby declare, under penalty of election falsification, 2,333
that the statements above are true, as I verily believe. 2,334
.............................. 2,336
(Signature of Voter) 2,337
THE PENALTY FOR ELECTION FALSIFICATION IS IMPRISONMENT FOR NOT 2,340
MORE THAN SIX MONTHS, OR A FINE OF NOT MORE THAN ONE THOUSAND
DOLLARS, OR BOTH." 2,341
The director shall mail with the ballots and the unsealed 2,343
identification envelope that the director mails an unsealed 2,344
return envelope upon the face of which shall be printed the 2,346
official title and post-office address of such director. In the 2,347
upper left corner on the face of such envelope, several blank 2,348
lines shall be printed upon which the voter may write the voter's 2,349
name and return address, and beneath these lines there shall be 2,351
printed a box beside the words "check if out-of-country." The 2,352
voter shall check this box if the voter will be outside the 2,353
United States on the day of the election. The return envelope 2,354
62
shall be of such size that the identification envelope can be 2,355
conveniently placed within it for returning such identification 2,356
envelope to the director.
Sec. 3513.07. The form of declaration of candidacy and 2,365
petition of a person desiring to be a candidate for a party 2,366
nomination or a candidate for election to an office or position 2,367
to be voted for at a primary election shall be substantially as 2,368
follows: 2,369
"DECLARATION OF CANDIDACY PARTY PRIMARY ELECTION 2,372
I, ........................... (Name of Candidate), the 2,374
undersigned, hereby declare under penalty of election 2,375
falsification that my voting residence is in ............... 2,376
precinct of the .............................. (Township) or 2,377
(Ward and City or Village) in the county of ................ , 2,378
Ohio; that my voting residence is ............... (Street and 2,380
Number, if any, or Rural Route and Number) of the 2,381
....................... .............. (City or Village) of 2,382
................., Ohio: that I am a qualified elector in the 2,384
precinct in which my voting residence is located. I am a member 2,385
of the ........ Party. I hereby declare that I desire to be 2,386
.................... (a candidate for nomination as a candidate 2,387
of the ........... Party for election to the office of 2,388
.............) (a candidate for election to the office or
position of ..............) for the ............ in the state, 2,389
district, (Full term or unexpired term ending ...............) 2,390
county, city, or village of ......... .........., at the primary 2,391
election to be held on the ............. day of ........., 19.., 2,392
and I hereby request that my name be printed upon the official 2,393
primary election ballot of the said .......... Party as a 2,394
candidate for ......... (such nomination) or (such election) as 2,395
provided by law. 2,396
I further declare that, if elected to said office or 2,398
position, I will qualify therefor, and that I will support and 2,399
abide by the principles enunciated by the ............ Party. 2,400
63
Dated this .......... day of ................., 19..... 2,402
.............................. 2,404
(Signature of candidate) 2,405
THE PENALTY FOR ELECTION FALSIFICATION IS IMPRISONMENT FOR 2,408
NOT MORE THAN SIX MONTHS, OR A FINE OF NOT MORE THAN ONE THOUSAND 2,409
DOLLARS, OR BOTH. 2,410
PETITION OF CANDIDATE 2,412
We, the undersigned, qualified electors of the state of 2,414
Ohio, whose voting residence is in the county, city, village, 2,415
ward, township, or school district, and precinct set opposite our 2,416
names, and members of the ....................................... 2,417
Party, hereby certify that ............................ (Name of 2,418
candidate) whose declaration of candidacy is filed herewith, is a 2,420
member of the ............ Party, and is, in our opinion, well
qualified to perform the duties of the office or position to 2,421
which that candidate desires to be elected. 2,422
2,423
Street City, 2,425
and Village or 2,426
Signature Number Township Ward Precinct County Date 2,428
(Must use address on file with the board of elections) 2,430
2,431
................................................................. 2,432
................................................................. 2,433
................................................................. 2,434
....................................... (Name of circulator 2,436
of petition), declares under penalty of election falsification 2,437
that the circulator of the petition is a qualified elector of the 2,438
state of Ohio and resides at the address appearing below the 2,440
signature of that circulator; that the circulator is a member of 2,442
the ........... Party; that the circulator is the circulator of 2,444
the foregoing petition paper containing ............. (Number) 2,445
signatures; that the circulator witnessed the affixing of every 2,446
signature, that all signers were to the best of the circulator's 2,448
64
knowledge and belief qualified to sign, and that every signature 2,450
is to the best of the circulator's knowledge and belief the 2,452
signature of the person whose signature it purports to be. 2,453
.............................. 2,454
(Signature of circulator) 2,456
.............................. 2,457
(Address of circulator) 2,459
THE PENALTY FOR ELECTION FALSIFICATION IS IMPRISONMENT FOR 2,462
NOT MORE THAN SIX MONTHS, OR A FINE OF NOT MORE THAN ONE THOUSAND 2,463
DOLLARS, OR BOTH." 2,464
The secretary of state shall prescribe a form of 2,466
declaration of candidacy and petition, and the form shall be 2,468
substantially similar to the declaration of candidacy and 2,469
petition set forth in this section, that will be suitable for 2,470
joint candidates for the offices of governor and lieutenant 2,471
governor. 2,472
The petition provided for in this section shall be 2,474
circulated only by a member of the same political party as the 2,475
candidate. 2,476
Sec. 3513.261. A nominating petition may consist of one or 2,485
more separate petition papers, each of which shall be 2,486
substantially in the form prescribed in this section. If the 2,487
petition consists of more than one separate petition paper, the 2,488
statement of candidacy of the candidate or joint candidates named 2,489
need be signed by the candidate or joint candidates on only one 2,490
of such separate petition papers, but the statement of candidacy 2,491
so signed shall be copied on each other separate petition paper 2,492
before the signatures of electors are placed thereon. Each 2,493
nominating petition containing signatures of electors of more 2,494
than one county shall consist of separate petition papers each of 2,495
which shall contain signatures of electors of only one county; 2,496
provided that petitions containing signatures of electors of more 2,497
than one county shall not thereby be declared invalid. In case 2,498
petitions containing signatures of electors of more than one 2,499
65
county are filed, the board of elections shall determine the 2,500
county from which the majority of the signatures came, and only 2,501
signatures from this county shall be counted. Signatures from 2,502
any other county shall be invalid. 2,503
All signatures on nominating petitions shall be written in 2,505
ink or indelible pencil. 2,506
At the time of filing a nominating petition, the candidate 2,508
designated in the nominating petition, and joint candidates for 2,510
governor and lieutenant governor, shall pay to the election 2,511
officials with whom it is filed the fees specified for the office 2,512
under divisions (A) and (B) of section 3513.10 of the Revised 2,514
Code. The fees shall be disposed of by those election officials 2,515
in the manner that is provided in section 3513.10 of the Revised 2,517
Code for the disposition of other fees, and in no case shall a 2,518
fee required under that section be returned to a candidate. 2,520
Candidates or joint candidates whose names are written on 2,522
the ballot, and who are elected, shall pay the same fees under 2,523
section 3513.10 of the Revised Code that candidates who file 2,525
nominating petitions pay. Payment of these fees shall be a 2,528
condition precedent to the granting of their certificates of 2,529
election.
Each nominating petition shall contain a statement of 2,531
candidacy which shall be signed by the candidate or joint 2,532
candidates named therein. Such statement of candidacy shall 2,533
contain a declaration made under penalty of election 2,534
falsification that the candidate desires to be a candidate for 2,535
the office named therein, and that the candidate is an elector 2,536
qualified to vote for the office the candidate seeks. 2,538
The form of the nominating petition and statement of 2,540
candidacy shall be substantially as follows: 2,541
"STATEMENT OF CANDIDACY 2,543
I, ................................... (Name of candidate), 2,545
the undersigned, hereby declare under penalty of election 2,546
falsification that my voting residence is in ................ 2,547
66
.......... Precinct of the ......................... (Township) 2,548
or (Ward and City, or Village) in the county of..............., 2,549
Ohio; that my post-office address is............................ 2,550
(Street and Number, if any, or Rural Route and Number) of the 2,551
............................... (City, Village, or post office) 2,552
of ...................., Ohio; AND that I am a qualified elector 2,553
in the precinct in which my voting residence is located. I 2,554
hereby declare that I desire to be a candidate for election to 2,555
the office of .............. in the........................ 2,556
(State, District, County, City, Village, Township, or School 2,557
District) for the ...................................... (Full 2,558
term or unexpired term ending ................) at the General 2,559
Election to be held on the ........... day of ............... 2,560
19,....
I further declare that I am an elector qualified to vote 2,562
for the office I seek. Dated this ....... day of .............., 2,563
19.... 2,564
.............................. 2,565
(Signature of candidate) 2,567
THE PENALTY FOR ELECTION FALSIFICATION IS IMPRISONMENT FOR 2,570
NOT MORE THAN SIX MONTHS, OR A FINE OF NOT MORE THAN ONE THOUSAND 2,571
DOLLARS. 2,572
I, ................................., hereby constitute the 2,574
persons named below a committee to represent me: 2,575
Name Residence 2,577
................................................................ 2,579
................................................................ 2,581
................................................................ 2,583
................................................................ 2,585
................................................................ 2,587
NOMINATING PETITION 2,589
We, the undersigned, qualified electors of the state of 2,590
Ohio, whose voting residence is in the County, City, Village, 2,591
Ward, Township or Precinct set opposite our names, hereby 2,593
67
nominate .................... as a candidate for election to the 2,594
office of ........................... in the
............................ (State, District, County, City, 2,595
Village, Township, or School District) for the ................. 2,596
(Full term or unexpired term ending ...................) to be 2,597
voted for at the general election next hereafter to be held, and 2,599
certify that this person is, in our opinion, well qualified to
perform the duties of the office or position to which the person 2,600
desires to be elected. 2,602
_________________________________________________________________ 2,604
Street City, 2,606
Signature Address Village or Ward Precinct County Date of 2,608
or R.F.D. Township Signing 2,610
(Must 2,612
use 2,614
address 2,616
on file 2,618
with the 2,620
board of 2,622
elections) 2,624
_________________________________________________________________ 2,626
................................................................. 2,628
................................................................. 2,630
................................................................. 2,632
..........................., declares under penalty of election 2,634
falsification that he or she SUCH PERSON is a qualified elector 2,635
of the state of Ohio and resides at the address appearing below 2,637
his or her SUCH PERSON'S signature hereto; that he or she SUCH 2,639
PERSON is the circulator of the foregoing petition paper 2,640
containing ................ signatures; that he or she SUCH 2,641
PERSON witnessed the affixing of every signature; that all 2,643
signers were to the best of his or her SUCH PERSON'S knowledge 2,644
and belief qualified to sign; and that every signature is to the 2,646
best of his or her SUCH PERSON'S knowledge and belief the 2,647
68
signature of the person whose signature it purports to be. 2,648
.............................. 2,650
(Signature of circulator) 2,651
.............................. 2,652
(Address) 2,653
THE PENALTY FOR ELECTION FALSIFICATION IS IMPRISONMENT FOR 2,655
NOT MORE THAN SIX MONTHS, OR A FINE OF NOT MORE THAN ONE THOUSAND 2,656
DOLLARS, OR BOTH." 2,657
The secretary of state shall prescribe a form of nominating 2,659
petition for a group of candidates for the office of member of a 2,660
board of education, township office, and for offices of municipal 2,661
corporations of under two thousand population. 2,662
The secretary of state shall prescribe a form of statement 2,664
of candidacy and nominating petition, which shall be 2,665
substantially similar to the form of statement of candidacy and 2,666
nominating petition set forth in this section, that will be 2,667
suitable for joint candidates for the offices of governor and 2,668
lieutenant governor. 2,669
If such petition nominates a candidate whose election is to 2,671
be determined by the electors of a county or a district or 2,672
subdivision within the county, it shall be filed with the board 2,673
of such county. If the petition nominates a candidate whose 2,674
election is to be determined by the voters of a subdivision 2,675
located in more than one county, it shall be filed with the board 2,676
of the county in which the major portion of the population of 2,677
such subdivision is located. 2,678
If the petition nominates a candidate whose election is to 2,680
be determined by the electors of a district comprised of more 2,681
than one county but less than all of the counties of the state, 2,682
it shall be filed with the board of elections of the most 2,683
populous county in such district. If the petition nominates a 2,684
candidate whose election is to be determined by the electors of 2,685
the state at large, it shall be filed with the secretary of 2,686
state. 2,687
69
Sec. 3517.10. (A) Except as otherwise provided in this 2,696
division, every campaign committee, political action committee, 2,697
legislative campaign fund, political party, and political 2,698
contributing entity that made or received a contribution or made 2,700
an expenditure in connection with the nomination or election of 2,701
any candidate or in connection with any ballot issue or question 2,702
at any election held or to be held in this state shall file, on a 2,703
form prescribed under this section, a full, true, and itemized 2,704
statement, made under penalty of election falsification, setting 2,705
forth in detail the contributions and expenditures, no later than 2,706
four p.m. of the following dates: 2,707
(1) The twelfth day before the election to reflect 2,709
contributions received and expenditures made from the close of 2,710
business on the last day reflected in the last previously filed 2,711
statement, if any, to the close of business on the twentieth day 2,712
before the election; 2,713
(2) The thirty-eighth day after the election to reflect 2,715
the contributions received and expenditures made from the close 2,716
of business on the last day reflected in the last previously 2,717
filed statement, if any, to the close of business on the seventh 2,718
day before the filing of the statement; 2,719
(3) The last business day of January of every year to 2,721
reflect the contributions received and expenditures made from the 2,722
close of business on the last day reflected in the last 2,723
previously filed statement, if any, to the close of business on 2,724
the last day of December of the previous year. 2,725
A campaign committee shall only be required to file the 2,727
statements prescribed under divisions (A)(1) and (2) of this 2,728
section in connection with the nomination or election of the 2,729
committee's candidate. 2,730
The statement required under division (A)(1) of this 2,732
section shall not be required of any campaign committee, 2,733
political action committee, legislative campaign fund, political 2,735
party, or political contributing entity that has received 2,737
70
contributions of less than one thousand dollars and has made 2,738
expenditures of less than one thousand dollars at the close of 2,739
business on the twentieth day before the election. Those 2,740
contributions and expenditures shall be reported in the statement 2,741
required under division (A)(2) of this section. 2,742
If an election to select candidates to appear on the 2,744
general election ballot is held within sixty days before a 2,745
general election, the campaign committee of a successful 2,746
candidate in the earlier election may file the statement required 2,747
by division (A)(1) of this section for the general election 2,748
instead of the statement required by division (A)(2) of this 2,749
section for the earlier election if the pregeneral election 2,751
statement reflects the status of contributions and expenditures 2,752
for the period twenty days before the earlier election to twenty 2,753
days before the general election. 2,754
If a person becomes a candidate less than twenty days 2,756
before an election, the candidate's campaign committee is not 2,757
required to file the statement required by division (A)(1) of 2,759
this section.
No statement under division (A)(3) of this section shall be 2,761
required for any year in which a campaign committee, political 2,762
action committee, legislative campaign fund, political party, or 2,764
political contributing entity is required to file a postgeneral 2,766
election statement under division (A)(2) of this section. 2,769
However, such a statement may be filed, at the option of the 2,770
campaign committee, political action committee, legislative 2,771
campaign fund, political party, or political contributing entity. 2,772
No statement under division (A)(3) of this section shall be 2,774
required if the campaign committee, political action committee, 2,775
legislative campaign fund, political party, or political 2,776
contributing entity has no contributions that it has received and 2,778
no expenditures that it has made since the last date reflected in 2,780
its last previously filed statement. However, the campaign 2,781
committee, political action committee, legislative campaign fund, 2,783
71
political party, or political contributing entity shall file a 2,785
statement to that effect, on a form prescribed under this section 2,786
and made under penalty of election falsification, on the date 2,787
required in division (A)(3) of this section.
The campaign committee of a statewide candidate shall file 2,790
a monthly statement of contributions received during each of the 2,791
months of July, August, and September in the year of the general 2,792
election in which the candidate seeks office. The campaign 2,793
committee of a statewide candidate shall file the monthly 2,794
statement not later than three business days after the last day 2,795
of the month covered by the statement. The campaign committee of 2,796
a statewide candidate that files a notice under division (C)(1) 2,798
of section 3517.103 of the Revised Code and the campaign 2,799
committee of a statewide candidate to which, in accordance with 2,800
division (D) of section 3517.103 of the Revised Code, the 2,801
contribution limitations prescribed in section 3517.102 of the 2,802
Revised Code no longer apply shall file an additional monthly 2,804
statement of contributions received during the primary election 2,805
period in the year of the primary election in which the candidate 2,806
seeks nomination to office beginning with contributions received 2,807
after the last business day in the committee's last previously 2,809
filed statement, if any, through the fifteenth day of March. 2,810
That statement shall be filed not later than three business days 2,811
after the fifteenth day of March. Contributions reported in the 2,812
additional monthly statement of contributions shall also be 2,813
included in the campaign committee's pre-primary election 2,814
statement required under division (A)(1) of this section. During 2,815
the period beginning on the nineteenth day before the general 2,816
election in which a statewide candidate seeks election to office 2,817
and extending through the day of that general election, each time 2,818
the campaign committee of the joint candidates for the offices of 2,819
governor and lieutenant governor or of a candidate for the office 2,820
of secretary of state, auditor of state, treasurer of state, or 2,821
attorney general receives a contribution from a contributor that 2,822
72
causes the aggregate amount of contributions received from that 2,823
contributor during that period to equal or exceed two thousand 2,824
five hundred dollars and each time the campaign committee of a 2,825
candidate for the office of chief justice or justice of the 2,826
supreme court receives a contribution from a contributor that 2,827
causes the aggregate amount of contributions received from that 2,828
contributor during that period to exceed five hundred dollars, 2,829
the campaign committee shall file a two-business-day statement 2,830
reflecting that contribution. During the period beginning on the 2,831
nineteenth day before a primary election in which a candidate for 2,833
statewide office seeks nomination to office and extending through 2,834
the day of that primary election, each time either the campaign 2,835
committee of a statewide candidate in that primary election that 2,836
files a notice under division (C)(1) of section 3517.103 of the 2,837
Revised Code or the campaign committee of a statewide candidate 2,839
in that primary election to which, in accordance with division 2,840
(D) of section 3517.103 of the Revised Code, the contribution 2,841
limitations prescribed in section 3517.102 of the Revised Code no 2,843
longer apply receives a contribution from a contributor that 2,844
causes the aggregate amount of contributions received from that 2,845
contributor during that period to exceed two thousand five 2,846
hundred dollars, the campaign committee shall file a 2,847
two-business-day statement reflecting that contribution. 2,848
Contributions reported on a two-business-day statement required 2,850
to be filed by a campaign committee of a statewide candidate in a 2,851
primary election shall also be included in the post-primary 2,852
election statement required to be filed by that campaign 2,853
committee under division (A)(2) of this section. A 2,854
two-business-day statement required by this paragraph shall be 2,855
filed not later than two business days after receipt of the 2,856
contribution. The statements required by this paragraph shall be 2,857
filed in addition to any other statements required by this 2,858
section.
The secretary of state may permit the filing of 2,860
73
two-business-day statements by facsimile or other electronic 2,861
means of transmission.
If a campaign committee or political action committee has 2,863
no balance on hand and no outstanding obligations and desires to 2,864
terminate itself, it shall file a statement to that effect, on a 2,865
form prescribed under this section and made under penalty of 2,866
election falsification, with the official with whom it files a 2,867
statement under division (A) of this section after filing a final 2,868
statement of contributions and a final statement of expenditures, 2,869
if contributions have been received or expenditures made since 2,870
the period reflected in its last previously filed statement. 2,871
(B) Except as otherwise provided in division (C)(7) of 2,873
this section, each statement required by division (A) of this 2,874
section shall contain the following information: 2,875
(1) The full name and address of each campaign committee, 2,877
political action committee, legislative campaign fund, political 2,879
party, or political contributing entity, including any treasurer 2,881
of the committee, fund, party, or entity, filing a contribution 2,882
and expenditure statement;
(2)(a) In the case of a campaign committee, the 2,884
candidate's full name and address; 2,885
(b) In the case of a political action committee, the 2,887
registration number assigned to the committee under division 2,888
(D)(1) of this section. 2,889
(3) The date of the election and whether it was or will be 2,891
a general, primary, or special election; 2,892
(4) A statement of contributions received, which shall 2,894
include: 2,895
(a) The month, day, and year of the contribution; 2,897
(b)(i) The full name and address of each person, political 2,899
party, campaign committee, legislative campaign fund, political 2,901
action committee, or political contributing entity from whom 2,902
contributions are received and the registration number assigned 2,903
to the political action committee under division (D)(1) of this 2,904
74
section. The requirement of filing the full address does not 2,905
apply to any statement filed by a state or local committee of a 2,906
political party, to a finance committee of such committee, or to 2,908
a committee recognized by a state or local committee as its 2,909
fund-raising auxiliary. Notwithstanding division (F)(1) of this 2,910
section, the requirement of filing the full address shall be 2,911
considered as being met if the address filed is the same address 2,912
the contributor provided under division (E)(1) of this section. 2,913
(ii) If a campaign committee of a statewide candidate or 2,915
candidate for the office of member of the general assembly 2,916
receives a contribution from an individual that exceeds one 2,917
hundred dollars, the name of the individual's current employer, 2,918
if any, or, if the individual is self-employed, the individual's 2,920
occupation;
(iii) If a campaign committee of a statewide candidate or 2,922
candidate for the office of member of the general assembly 2,923
receives a contribution transmitted pursuant to section 3599.031 2,925
of the Revised Code from amounts deducted from the wages and 2,926
salaries of two or more employees that exceeds in the aggregate 2,928
one hundred dollars during any one filing period under division 2,929
(A)(1), (2), or (3) of this section, the full name of the 2,930
employees' employer and the full name of the labor organization
of which the employees are members, if any. 2,931
(c) A description of the contribution received, if other 2,933
than money; 2,934
(d) The value in dollars and cents of the contribution; 2,936
(e) A separately itemized account of all contributions and 2,938
expenditures regardless of the amount, except a receipt of a 2,939
contribution from a person in the sum of twenty-five dollars or 2,940
less at one social or fund-raising activity and a receipt of a 2,941
contribution transmitted pursuant to section 3599.031 of the 2,942
Revised Code from amounts deducted from the wages and salaries of 2,943
employees if the contribution from the amount deducted from the 2,944
wages and salary of any one employee is twenty-five dollars or 2,945
75
less aggregated in a calendar year. An account of the total
contributions from each social or fund-raising activity shall 2,946
include a description of and the value of each in-kind 2,947
contribution received at that activity from any person who made 2,948
one or more such contributions whose aggregate value exceeded two 2,949
hundred fifty dollars and shall be listed separately, together 2,950
with the expenses incurred and paid in connection with that 2,951
activity. A campaign committee, political action committee, 2,952
legislative campaign fund, political party, or political 2,953
contributing entity shall keep records of contributions from each 2,954
person in the amount of twenty-five dollars or less at one social 2,955
or fund-raising activity and contributions from amounts deducted 2,956
under section 3599.031 of the Revised Code from the wages and 2,957
salary of each employee in the amount of twenty-five dollars or 2,958
less aggregated in a calendar year. No continuing association
that is recognized by a state or local committee of a political 2,959
party as an auxiliary of the party and that makes a contribution 2,960
from funds derived solely from regular dues paid by members of 2,961
the auxiliary shall be required to list the name or address of 2,962
any members who paid those dues.
Contributions that are other income shall be itemized 2,964
separately from all other contributions. The information 2,965
required under division (B)(4) of this section shall be provided 2,967
for all other income itemized. As used in this paragraph, "other 2,968
income" means a loan, investment income, or interest income. 2,969
(f) In the case of a campaign committee of a state elected 2,972
officer, if a person doing business with the state elected
officer in the officer's official capacity makes a contribution 2,973
to the campaign committee of that officer, the information 2,974
required under division (B)(4) of this section in regard to that 2,975
contribution, which shall be filed together with and considered a 2,976
part of the committee's statement of contributions as required 2,977
under division (A) of this section but shall be filed on a 2,979
separate form provided by the secretary of state. As used in
76
division (B)(4)(f) of this section: 2,980
(i) "State elected officer" has the same meaning as in 2,983
section 3517.092 of the Revised Code. 2,984
(ii) "Person doing business" means a person or an officer 2,987
of an entity who enters into one or more contracts with a state 2,988
elected officer or anyone authorized to enter into contracts on 2,989
behalf of that officer to receive payments for goods or services, 2,990
if the payments total, in the aggregate, more than five thousand 2,991
dollars during a calendar year. 2,992
(5) A statement of expenditures which shall include: 2,994
(a) The month, day, and year of the expenditure; 2,996
(b) The full name and address of each person, political 2,998
party, campaign committee, legislative campaign fund, political 3,000
action committee, or political contributing entity to whom the 3,001
expenditure was made and the registration number assigned to the 3,002
political action committee under division (D)(1) of this section; 3,004
(c) The object or purpose for which the expenditure was 3,006
made; 3,007
(d) The amount of each expenditure. 3,009
(C)(1) The statement of contributions and expenditures 3,011
shall be signed by the person completing the form. 3,013
(2) The person filing the statement shall, under penalty 3,015
of election falsification, include with it a list of each 3,016
anonymous contribution, the circumstances under which it was 3,017
received, and the reason it cannot be attributed to a specific 3,018
donor.
(3) Each statement of a campaign committee of a candidate 3,020
who holds public office shall contain a designation of each 3,021
contributor who is an employee in any unit or department under 3,022
the candidate's direct supervision and control. In a space 3,023
provided in the statement, the person filing the statement shall 3,024
affirm that each such contribution was voluntarily made. 3,025
(4) A campaign committee that did not receive 3,027
contributions or make expenditures in connection with the 3,028
77
nomination or election of its candidate shall file a statement to 3,029
that effect, on a form prescribed under this section and made 3,030
under penalty of election falsification, on the date required in 3,031
division (A)(2) of this section. 3,032
(5) The campaign committee of any person who attempts to 3,034
become a candidate and who, for any reason, does not become 3,035
certified in accordance with Title XXXV of the Revised Code for 3,036
placement on the official ballot of a primary, general, or 3,037
special election to be held in this state, and who, at any time 3,038
prior to or after an election, receives contributions or makes 3,039
expenditures, or has given consent for another to receive 3,040
contributions or make expenditures, for the purpose of bringing 3,041
about the person's nomination or election to public office, shall 3,042
file the statement or statements prescribed by this section and a 3,043
termination statement, if applicable. This paragraph does not 3,044
apply to any person with respect to an election to the offices of 3,045
member of a county or state central committee, presidential 3,046
elector, or delegate to a national convention or conference of a 3,047
political party. 3,048
(6)(a) The statements required to be filed under this 3,050
section shall specify the balance in the hands of the campaign 3,052
committee, political action committee, legislative campaign fund, 3,053
political party, or political contributing entity and the 3,054
disposition intended to be made of that balance. 3,055
(b) The form for all statements required to be filed under 3,058
this section shall be prescribed by the secretary of state, and
furnished to the boards of elections in the several counties, and 3,059
the boards of elections shall supply printed copies of those 3,060
forms without charge. The secretary of state may require that 3,061
the statements required to be stored on computer by the secretary 3,062
of state under divisions (A)(1) to (4) of section 3517.106 of the 3,063
Revised Code be filed in whatever format the secretary of state 3,064
considers necessary so that the secretary of state may store the 3,065
information contained in the statements on computer. Any such 3,066
78
format shall be of a type and nature that is readily available to 3,067
whoever is required to file the statements in that format. 3,068
(7) Each monthly statement and each two-business-day 3,070
statement required by division (A) of this section shall contain 3,071
the information required by divisions (B)(1) to (4), (C)(2), and, 3,072
if appropriate, (C)(3) of this section. Each statement shall be 3,074
signed as required by division (C)(1) of this section.
(D)(1) Prior to receiving a contribution or making an 3,076
expenditure, every campaign committee, political action 3,077
committee, legislative campaign fund, political party, or 3,078
political contributing entity shall appoint a treasurer and shall 3,080
file, on a form prescribed by the secretary of state, a 3,081
designation of that appointment, including the full name and 3,083
address of the treasurer and of the campaign committee, political 3,084
action committee, legislative campaign fund, political party, or 3,086
political contributing entity. That designation shall be filed 3,087
with the official with whom the campaign committee, political 3,089
action committee, legislative campaign fund, political party, or 3,090
political contributing entity is required to file statements 3,091
under section 3517.11 of the Revised Code. The name of a 3,092
campaign committee shall include at least the last name of the 3,093
campaign committee's candidate. The secretary of state shall 3,095
assign a registration number to each political action committee 3,096
that files a designation of the appointment of a treasurer under
division (D)(1) of this section if the political action committee 3,097
is required by division (A)(1) of section 3517.11 of the Revised 3,098
Code to file the statements prescribed by this section with the 3,099
secretary of state.
(2) The treasurer appointed under division (D)(1) of this 3,101
section shall keep a strict account of all contributions, from 3,102
whom received and the purpose for which they were disbursed. 3,103
(3)(a) Except as otherwise provided in section 3517.108 of 3,105
the Revised Code, a campaign committee shall deposit all monetary 3,106
contributions received by the committee into an account separate 3,107
79
from a personal or business account of the candidate or campaign 3,108
committee.
(b) A political action committee shall deposit all 3,111
monetary contributions received by the committee into an account 3,112
separate from all other funds.
(c) A state or county political party may establish a 3,115
state candidate fund that is separate from an account that
contains the public moneys received from the Ohio political party 3,116
fund under section 3517.17 of the Revised Code and from all other 3,117
funds. A state or county political party may deposit into its 3,118
state candidate fund any amounts of monetary contributions that 3,119
are made to or accepted by the political party subject to the 3,120
applicable limitations, if any, prescribed in section 3517.102 of 3,121
the Revised Code. A state or county political party shall 3,122
deposit all other monetary contributions received by the party 3,123
into one or more accounts that are separate from its state 3,124
candidate fund and from its account that contains the public 3,125
moneys received from the Ohio political party fund under section 3,126
3517.17 of the Revised Code.
(d) Each state political party shall have only one 3,128
legislative campaign fund for each house of the general assembly. 3,129
Each such fund shall be separate from any other funds or accounts 3,130
of that state party. A legislative campaign fund is authorized 3,131
to receive contributions and make expenditures for the primary
purpose of furthering the election of candidates who are members 3,132
of that political party to the house of the general assembly with 3,133
which that legislative campaign fund is associated. Each 3,134
legislative campaign fund shall be administered and controlled in 3,135
a manner designated by the caucus. As used in division (D)(3)(d) 3,136
of this section, "caucus" has the same meaning as in section 3,137
3517.01 of the Revised Code and includes, as an ex officio
member, the chairperson of the state political party with which 3,138
the caucus is associated, or that chairperson's designee. 3,139
(4) Every expenditure in excess of twenty-five dollars 3,141
80
shall be vouched for by a receipted bill, stating the purpose of 3,142
the expenditures, that shall be filed with the statement of 3,143
expenditures. A canceled check with a notation of the purpose of 3,144
the expenditure is a receipted bill for purposes of division 3,145
(D)(4) of this section. 3,146
(5) The secretary of state or the board of elections, as 3,148
the case may be, shall issue a receipt for each statement filed 3,149
under this section and shall preserve a copy of the receipt for a 3,150
period of at least six years. All statements filed under this 3,151
section shall be open to public inspection in the office where 3,153
they are filed and shall be carefully preserved for a period of 3,154
at least six years after the year in which they are filed. 3,155
(E)(1) Any person, political party, campaign committee, 3,157
legislative campaign fund, political action committee, or 3,159
political contributing entity that makes a contribution in 3,160
connection with the nomination or election of any candidate or in 3,161
connection with any ballot issue or question at any election held 3,162
or to be held in this state shall provide its full name and 3,163
address to the recipient of the contribution at the time the 3,164
contribution is made. The political action committee also shall 3,166
provide the registration number assigned to the committee under
division (D)(1) of this section to the recipient of the 3,167
contribution at the time the contribution is made. 3,168
(2) Any individual who makes a contribution that exceeds 3,171
one hundred dollars to a campaign committee of a statewide
candidate or candidate for the office of member of the general 3,172
assembly shall provide the name of the individual's current 3,173
employer, if any, or, if the individual is self-employed, the 3,175
individual's occupation to the recipient of the contribution at 3,176
the time the contribution is made. Sections 3599.39 and 3599.40 3,177
of the Revised Code do not apply to division (E)(2) of this 3,178
section.
(3) If a campaign committee shows that it has exercised 3,180
its best efforts to obtain, maintain, and submit the information 3,181
81
required under divisions (B)(4)(b)(ii) and (iii) of this section, 3,182
that committee is considered to have met the requirements of 3,183
those divisions. A campaign committee shall not be considered to 3,184
have exercised its best efforts unless, in connection with 3,185
written solicitations, it regularly includes a written request 3,186
for the information required under division (B)(4)(b)(ii) of this 3,187
section from the contributor or the information required under 3,188
division (B)(4)(b)(iii) of this section from whoever transmits
the contribution. 3,189
(4) Any check that a political action committee uses to 3,191
make a contribution or an expenditure shall contain the full name 3,192
and address of the committee and the registration number assigned 3,193
to the committee under division (D)(1) of this section. 3,194
(F) As used in this section: 3,196
(1) "Address" means all of the following if they exist: 3,199
apartment number, street, road, or highway name and number, rural 3,200
delivery route number, city or village, state, and zip code as 3,201
used in a person's post-office address, but not post-office box. 3,202
If an address is required in this section, a post-office box and 3,203
office, room, or suite number may be included in addition to but 3,204
not in lieu of an apartment, street, road, or highway name and 3,205
number. If an address is required in this section, a campaign 3,207
committee, political action committee, legislative campaign fund,
political party, or political contributing entity may use the 3,209
business or residence address of its treasurer or deputy
treasurer. The post-office box number of the campaign committee, 3,210
political action committee, legislative campaign fund, political 3,212
party, or political contributing entity may be used in addition 3,213
to that address.
(2) "Statewide candidate" means the joint candidates for 3,215
the offices of governor and lieutenant governor or a candidate 3,216
for the office of secretary of state, auditor of state, treasurer 3,217
of state, attorney general, member of the state board of 3,218
education, chief justice of the supreme court, or justice of the 3,219
82
supreme court.
(G) An independent expenditure shall be reported whenever 3,222
and in the same manner that an expenditure is required to be
reported under this section and shall be reported pursuant to 3,223
division (B)(2)(a) or (C)(2)(a) of section 3517.105 of the 3,224
Revised Code.
(H)(1) Except as otherwise provided in division (H)(2) of 3,227
this section, if, during the combined preelection and
postelection reporting periods for an election, a campaign 3,229
committee has received contributions of five hundred dollars or 3,230
less and has made expenditures in the total amount of five
hundred dollars or less, it may file a statement to that effect, 3,231
under penalty of election falsification, in lieu of the statement 3,232
required by division (A)(2) of this section. The statement shall 3,233
indicate the total amount of contributions received and the total 3,234
amount of expenditures made during those combined reporting 3,235
periods.
(2) In the case of a successful candidate at a primary 3,237
election, if either the total contributions received by or the 3,239
total expenditures made by the candidate's campaign committee 3,240
during the preprimary, postprimary, pregeneral, and postgeneral 3,241
election periods combined equal more than five hundred dollars, 3,242
the campaign committee may file the statement under division
(H)(1) of this section only for the primary election. The first 3,243
statement that the campaign committee files in regard to the 3,244
general election shall reflect all contributions received and all 3,245
expenditures made during the preprimary and postprimary election 3,246
periods.
(3) Divisions (H)(1) and (2) of this section do not apply 3,248
if a campaign committee receives contributions or makes 3,249
expenditures prior to the first day of January of the year of the 3,250
election at which the candidate seeks nomination or election to 3,252
office or if the campaign committee does not file a termination 3,253
statement with its postprimary election statement in the case of
83
an unsuccessful primary election candidate or with its 3,254
postgeneral election statement in the case of other candidates. 3,255
(I) In the case of a contribution made by a partnership or 3,257
unincorporated business, all of the following apply: 3,258
(1) The recipient of the contribution shall report the 3,260
contribution by listing both the partnership or unincorporated 3,261
business and the name of the partner or owner making the 3,262
contribution.
(2) For purposes of section 3517.102 of the Revised Code, 3,264
the contribution shall be considered to have been made by the 3,265
partner or owner reported under division (I)(1) of this section. 3,266
(3) No contribution from a partnership or unincorporated 3,268
business shall be accepted unless the recipient reports the 3,269
contribution under division (I)(1) of this section. 3,270
(J) A candidate shall have only one campaign committee at 3,272
any given time for all of the offices for which the person is a 3,273
candidate or holds office. 3,274
(K)(1) In addition to filing a designation of appointment 3,276
of a treasurer under division (D)(1) of this section, the 3,278
campaign committee of any candidate for an elected municipal 3,279
office that pays an annual amount of compensation of five 3,280
thousand dollars or less, the campaign committee of any candidate 3,281
for member of a board of education except member of the state 3,282
board of education, or the campaign committee of any candidate 3,283
for township trustee or township clerk may sign, under penalty of 3,284
election falsification, a certificate attesting that the 3,285
committee will not accept contributions during an election period 3,286
that exceed in the aggregate two thousand dollars from all 3,287
contributors and one hundred dollars from any one individual, and 3,288
that the campaign committee will not make expenditures during an 3,289
election period that exceed in the aggregate two thousand 3,290
dollars.
The certificate shall be on a form prescribed by the 3,292
secretary of state and shall be filed not later than ten days 3,293
84
after the candidate files a declaration of candidacy and 3,294
petition, a nominating petition, or a declaration of intent to be 3,296
a write-in candidate.
(2) Except as otherwise provided in division (K)(3) of 3,298
this section, a campaign committee that files a certificate under 3,300
division (K)(1) of this section is not required to file the
statements required by division (A) of section 3517.10 of the 3,301
Revised Code.
(3) If, after filing a certificate under division (K)(1) 3,303
of this section, a campaign committee exceeds any of the 3,304
limitations described in that division during an election period, 3,306
the certificate is void and thereafter the campaign committee 3,307
shall file the statements required by division (A) of section 3,308
3517.10 of the Revised Code. If the campaign committee has not 3,309
previously filed a statement, then on the first statement the 3,310
campaign committee is required to file under division (A) of 3,311
section 3517.10 of the Revised Code after the committee's 3,312
certificate is void, the committee shall report all contributions 3,313
received and expenditures made from the time the candidate filed 3,314
the candidate's declaration of candidacy and petition, nominating 3,315
petition, or declaration of intent to be a write-in candidate. 3,316
(4) As used in division (K) of this section, "election 3,318
period" means the period of time beginning on the day a person 3,319
files a declaration of candidacy and petition, nominating 3,320
petition, or declaration of intent to be a write-in candidate 3,321
through the day of the election at which the person seeks 3,322
nomination to office if the person is not elected to office, or, 3,323
if the candidate was nominated in a primary election, the day of 3,325
the election at which the candidate seeks office.
(L) Notwithstanding division (B)(4) of this section, a 3,329
political contributing entity that receives contributions from 3,330
the dues, membership fees, or other assessments of its members or 3,331
from its officers, shareholders, and employees may report the 3,332
aggregate amount of contributions received from those 3,333
85
contributors and the number of individuals making those 3,334
contributions, for each filing period identified under divisions 3,335
(A)(1), (2), and (3) of this section. Division (B)(4) of this 3,337
section applies to a political contributing entity with regard to 3,338
contributions it receives from all other contributors. 3,339
(M) This is an interim section effective until January 1, 3,342
2000.
Sec. 3517.102. (A) Except as otherwise provided in 3,351
section 3517.103 of the Revised Code, as used in this section and 3,352
sections 3517.103 and 3517.104 of the Revised Code: 3,353
(1) "Candidate" has the same meaning as in section 3517.01 3,355
of the Revised Code but includes only candidates for the offices 3,357
of governor, lieutenant governor, secretary of state, auditor of 3,358
state, treasurer of state, attorney general, member of the state 3,359
board of education, member of the general assembly, chief justice 3,360
of the supreme court, and justice of the supreme court. 3,361
(2) "Statewide candidate" or "any one statewide candidate" 3,364
means the joint candidates for the offices of governor and 3,365
lieutenant governor or a candidate for the office of secretary of 3,366
state, auditor of state, treasurer of state, attorney general, 3,367
member of the state board of education, chief justice of the 3,368
supreme court, or justice of the supreme court. 3,369
(3) "Senate candidate" means a candidate for the office of 3,372
state senator.
(4) "House candidate" means a candidate for the office of 3,375
state representative.
(5)(a) "Primary election period" for a candidate begins on 3,378
the beginning date of the candidate's pre-filing period specified 3,379
in division (A)(9) of section 3517.109 of the Revised Code and 3,380
ends on the day of the primary election. 3,381
(b) In regard to any candidate, the "general election 3,384
period" begins on the day after the primary election immediately 3,385
preceding the general election at which the candidate seeks an 3,387
office specified in division (A)(1) of this section and ends on
86
the thirty-first day of December following that general election. 3,388
(6) "State candidate fund" means the state candidate fund 3,390
established by a state or county political party under division 3,391
(D)(3)(c) of section 3517.10 of the Revised Code. 3,393
(7) "Postgeneral election statement" means the statement 3,395
filed under division (A)(2) of section 3517.10 of the Revised 3,396
Code by the campaign committee of a candidate after the general 3,397
election in which the candidate ran for office or filed by 3,399
legislative campaign fund after the general election in an
even-numbered year. 3,400
(8) "Contribution" means any contribution that is required 3,402
to be reported in the statement of contributions under section 3,403
3517.10 of the Revised Code.
(9) Except as otherwise provided in division (F) of 3,406
section 3517.103 and division (B)(3)(b) of section 3517.1010 of 3,407
the Revised Code, "designated state campaign committee" means: 3,409
(a) In the case of contributions to or from a state 3,411
political party, a campaign committee of a statewide candidate, 3,412
statewide officeholder, senate candidate, house candidate, or 3,414
member of the general assembly.
(b) In the case of contributions to or from a county 3,416
political party, a campaign committee of a statewide candidate, 3,417
statewide officeholder, senate candidate or house candidate whose 3,418
candidacy is to be submitted to some or all of the electors in 3,420
that county, or member of the general assembly whose district 3,421
contains all or part of that county.
(c) In the case of contributions to or from a legislative 3,424
campaign fund, a campaign committee of any of the following: 3,425
(i) A senate or house candidate who, if elected, will be a 3,427
member of the same party that established the legislative 3,428
campaign fund and the same house with which the legislative 3,429
campaign fund is associated;
(ii) A state senator or state representative who is a 3,431
member of the same party that established the legislative 3,432
87
campaign fund and the same house with which the legislative 3,433
campaign fund is associated.
(B)(1) No individual shall make a contribution or 3,436
contributions aggregating more than:
(a) Two thousand five hundred dollars to the campaign 3,438
committee of any one statewide candidate in a primary election 3,439
period or in a general election period; 3,440
(b) Two thousand five hundred dollars to the campaign 3,442
committee of any one senate candidate in a primary election 3,443
period or in a general election period; 3,444
(c) Two thousand five hundred dollars to the campaign 3,446
committee of any one house candidate in a primary election period 3,447
or in a general election period; 3,448
(d) Five thousand dollars to any one county political 3,450
party for the party's state candidate fund or to any one 3,451
legislative campaign fund in a calendar year; 3,452
(e) Fifteen thousand dollars to any one state political 3,454
party for the party's state candidate fund in a calendar year; 3,456
(f) Five thousand dollars to any one political action 3,458
committee in a calendar year; 3,459
(g) Five thousand dollars to any one political 3,461
contributing entity in a calendar year. 3,462
(2) Subject to division (D)(1) of this section, no 3,464
political action committee shall make a contribution or 3,465
contributions aggregating more than: 3,466
(a) Two thousand five hundred dollars to the campaign 3,468
committee of any one statewide candidate in a primary election 3,469
period or in a general election period; 3,470
(b) Two thousand five hundred dollars to the campaign 3,472
committee of any one senate candidate in a primary election 3,473
period or in a general election period; 3,474
(c) Two thousand five hundred dollars to the campaign 3,476
committee of any one house candidate in a primary election period 3,477
or in a general election period; 3,478
88
(d) Five thousand dollars to any one county political 3,480
party for the party's state candidate fund or to any one 3,482
legislative campaign fund in a calendar year;
(e) Fifteen thousand dollars to any one state political 3,484
party for the party's state candidate fund in a calendar year; 3,486
(f) Two thousand five hundred dollars to another political 3,488
action committee or to a political contributing entity in a 3,489
calendar year. Division (B)(2)(f) of this section does not apply 3,492
to a political action committee that makes a contribution to a
political action committee or to a political contributing entity 3,493
affiliated with it. For purposes of division (B)(2)(f) of this 3,495
section, a political action committee is affiliated with another 3,497
political action committee or with a political contributing
entity if they are both established, financed, maintained, or 3,499
controlled by, or if they are, the same corporation, 3,500
organization, labor organization, continuing association, or 3,501
other person, including any parent, subsidiary, division, or 3,502
department of that corporation, organization, labor organization, 3,503
continuing association, or other person.
(3) No campaign committee shall make a contribution or 3,505
contributions aggregating more than: 3,506
(a) Two thousand five hundred dollars to the campaign 3,508
committee of any one statewide candidate in a primary election 3,509
period or in a general election period; 3,510
(b) Two thousand five hundred dollars to the campaign 3,512
committee of any one senate candidate in a primary election 3,513
period or in a general election period; 3,514
(c) Two thousand five hundred dollars to the campaign 3,516
committee of any one house candidate in a primary election period 3,517
or in a general election period; 3,518
(d) Two thousand five hundred dollars to any one political 3,521
action committee in a calendar year;
(e) Two thousand five hundred dollars to any one political 3,524
contributing entity in a calendar year.
89
(4) Subject to division (D)(3) of this section, no 3,526
political party shall make a contribution or contributions 3,527
aggregating more than two thousand five hundred dollars to any 3,528
one political action committee or to any one political 3,530
contributing entity in a calendar year. 3,531
(5) No campaign committee, other than a designated state 3,533
campaign committee, shall make a contribution or contributions 3,534
aggregating in a calendar year more than: 3,535
(a) Fifteen thousand dollars to any one state political 3,537
party for the party's state candidate fund; 3,538
(b) Five thousand dollars to any one legislative campaign 3,540
fund;
(c) Five thousand dollars to any one county political 3,542
party for the party's state candidate fund. 3,543
(6)(a) No state candidate fund of a county political party 3,545
shall make a contribution or contributions, except a contribution 3,546
or contributions to a designated state campaign committee, in a 3,547
primary election period or a general election period, aggregating 3,548
more than:
(i) Two thousand five hundred dollars to the campaign 3,550
committee of any one senate candidate; 3,552
(ii) Two thousand five hundred dollars to the campaign 3,554
committee of any one house candidate. 3,556
(b)(i) No state candidate fund of a state or county 3,558
political party shall make a transfer or a contribution or 3,559
transfers or contributions of cash or cash equivalents to a 3,561
designated state campaign committee in a primary election period 3,562
or in a general election period aggregating more than:
(I) Five hundred thousand dollars to the campaign 3,564
committee of any one statewide candidate; 3,565
(II) One hundred thousand dollars to the campaign 3,567
committee of any one senate candidate; 3,568
(III) Fifty thousand dollars to the campaign committee of 3,571
any one house candidate.
90
(ii) No legislative campaign fund shall make a transfer or 3,573
a contribution or transfers or contributions of cash or cash 3,575
equivalents to a designated state campaign committee aggregating 3,577
more than:
(I) Fifty thousand dollars in a primary election period or 3,579
one hundred thousand dollars in a general election period to the 3,580
campaign committee or any one senate candidate; 3,581
(II) Twenty-five thousand dollars in a primary election 3,583
period or fifty thousand dollars in a general election period to 3,584
the campaign committee of any one house candidate. 3,585
(iii) As used in divisions (B)(6)(b) and (C)(6)(a) and (b) 3,588
of this section, "transfer or contribution of cash or cash 3,590
equivalents" does not include any in-kind contributions.
(c) A county political party that has no state candidate 3,592
fund and that is located in a county having a population of less 3,593
than one hundred fifty thousand may make one or more 3,594
contributions from other accounts to any one designated state 3,595
campaign committee that do not exceed, in the aggregate, two 3,596
thousand five hundred dollars in any primary election period or 3,597
general election period. As used in division (B)(6)(c) of this
section, "other accounts" does not include either an account that 3,598
contains the public moneys received from the Ohio political party 3,599
fund under section 3517.17 of the Revised Code or the county 3,600
political party's operating account.
(d) No legislative campaign fund shall make a 3,602
contribution, other than to a designated state campaign committee 3,603
or to the state candidate fund of a political party. 3,604
(7) Subject to division (D)(1) of this section, no 3,608
political contributing entity shall make a contribution or 3,609
contributions aggregating more than:
(a) Two thousand five hundred dollars to the campaign 3,612
committee of any one statewide candidate in a primary election 3,613
period or in a general election period; 3,614
(b) Two thousand five hundred dollars to the campaign 3,617
91
committee of any one senate candidate in a primary election 3,618
period or in a general election period; 3,619
(c) Two thousand five hundred dollars to the campaign 3,622
committee of any one house candidate in a primary election period 3,623
or in a general election period; 3,624
(d) Five thousand dollars to any one county political 3,627
party for the party's state candidate fund or to any one 3,628
legislative campaign fund in a calendar year; 3,629
(e) Fifteen thousand dollars to any one state political 3,632
party for the party's state candidate fund in a calendar year; 3,633
(f) Two thousand five hundred dollars to another political 3,636
contributing entity or to a political action committee in a 3,637
calendar year. Division (B)(7)(f) of this section does not apply 3,639
to a political contributing entity that makes a contribution to a 3,640
political contributing entity or to a political action committee 3,641
affiliated with it. For purposes of division (B)(7)(f) of this 3,644
section, a political contributing entity is affiliated with 3,645
another political contributing entity or with a political action 3,646
committee if they are both established, financed, maintained, or 3,647
controlled by, or if they are, the same corporation,
organization, labor organization, continuing association, or 3,648
other person, including any parent, subsidiary, division, or 3,649
department of that corporation, organization, labor organization, 3,651
continuing association, or other person.
(C)(1) Subject to division (D)(1) of this section, no 3,653
campaign committee of a statewide candidate shall accept a 3,654
contribution or contributions aggregating more than two thousand 3,655
five hundred dollars from any one individual, from any one 3,656
political action committee, from any one political contributing
entity, or from any one other campaign committee in a primary 3,659
election period or in a general election period.
(2) Subject to division (D)(1) of this section and except 3,661
for a designated state campaign committee, no campaign committee 3,662
of a senate candidate shall accept a contribution or 3,663
92
contributions aggregating more than two thousand five hundred 3,664
dollars from any one individual, from any one political action 3,665
committee, from any one political contributing entity, from any 3,666
one state candidate fund of a county political party, or from any 3,668
one other campaign committee in a primary election period or in a 3,669
general election period. 3,670
(3) Subject to division (D)(1) of this section and except 3,672
for a designated state campaign committee, no campaign committee 3,674
of a house candidate shall accept a contribution or contributions 3,675
aggregating more than two thousand five hundred dollars from any 3,676
one individual, from any one political action committee, from any 3,677
one political contributing entity, from any one state candidate 3,678
fund of a county political party, or from any one other campaign 3,679
committee in a primary election period or in a general election 3,681
period.
(4)(a) Subject to division (D)(1) of this section, no 3,683
county political party shall accept a contribution or 3,685
contributions for the party's state candidate fund aggregating 3,686
more than five thousand dollars from any one individual, from any 3,688
one political action committee, from any one political 3,689
contributing entity, or from any one campaign committee, other 3,690
than a designated state campaign committee, in a calendar year. 3,691
(b) Subject to division (D)(1) of this section, no state 3,693
political party shall accept a contribution or contributions for 3,694
the party's state candidate fund aggregating more than fifteen 3,695
thousand dollars from any one individual, from any one political 3,696
action committee, from any one political contributing entity, or 3,697
from any one campaign committee, other than a designated state 3,698
campaign committee, in a calendar year.
(5) Subject to division (D)(1) of this section, no 3,700
legislative campaign fund shall accept a contribution or 3,702
contributions aggregating more than five thousand dollars from 3,703
any one individual, from any one political action committee, from 3,704
any one political contributing entity, or from any one campaign 3,705
93
committee, other than a designated state campaign committee, in a 3,706
calendar year.
(6)(a) No designated state campaign committee shall accept 3,708
a transfer or contribution of cash or cash equivalents from a 3,709
state candidate fund of a state or county political party 3,711
aggregating in a primary election period or a general election
period more than: 3,712
(i) Five hundred thousand dollars, in the case of a 3,714
campaign committee of a statewide candidate; 3,715
(ii) One hundred thousand dollars, in the case of a 3,717
campaign committee of a senate candidate; 3,718
(iii) Fifty thousand dollars, in the case of a campaign 3,720
committee of a house candidate. 3,721
(b) No designated state campaign committee shall accept a 3,723
transfer or contribution of cash or cash equivalents from a 3,724
legislative candidate fund aggregating more than: 3,726
(i) Fifty thousand dollars in a primary election period or 3,728
one hundred thousand dollars in a general election period, in the 3,729
case of a campaign committee of a senate candidate; 3,730
(ii) Twenty-five thousand dollars in a primary election 3,732
period or fifty thousand dollars in a general election period, in 3,733
the case of a campaign committee of a house candidate. 3,734
(7)(a) Subject to division (D)(3) of this section, no 3,737
political action committee and no political contributing entity 3,738
shall accept a contribution or contributions aggregating more 3,739
than five thousand dollars from any one individual, or more than 3,740
two thousand five hundred dollars from any one campaign committee 3,741
or from any one political party.
(b) Subject to division (D)(1) of this section, no 3,743
political action committee shall accept a contribution or 3,744
contributions aggregating more than two thousand five hundred 3,745
dollars from another political action committee or from a 3,746
political contributing entity in a calendar year. Subject to 3,747
division (D)(1) of this section, no political contributing entity 3,748
94
shall accept a contribution or contributions aggregating more 3,749
than two thousand five hundred dollars from another political 3,750
contributing entity or from a political action committee in a 3,751
calendar year. Division (C)(7)(b) of this section does not apply 3,752
to a political action committee or political contributing entity 3,753
that accepts a contribution from a political action committee or 3,754
political contributing entity affiliated with it. For purposes 3,756
of division (C)(7)(b) of this section, a political action
committee is affiliated with another political action committee 3,757
or political contributing entity if they are established, 3,759
financed, maintained, or controlled by the same corporation,
organization, labor organization, continuing association, or 3,760
other person, including any parent, subsidiary, division, or 3,761
department of that corporation, organization, labor organization, 3,762
continuing association, or other person.
(D)(1)(a) For purposes of the limitations prescribed in 3,765
division (B)(2) of this section and the limitations prescribed in 3,766
divisions (C)(1), (2), (3), (4), (5), and (7)(b) of this section, 3,767
whichever is applicable, all contributions made by and all 3,768
contributions accepted from political action committees that are 3,770
established, financed, maintained, or controlled by the same 3,771
corporation, organization, labor organization, continuing 3,772
association, or other person, including any parent, subsidiary, 3,773
division, or department of that corporation, organization, labor 3,774
organization, continuing association, or other person, are
considered to have been made by or accepted from a single 3,775
political action committee. 3,776
(b) For purposes of the limitations prescribed in division 3,778
(B)(7) of this section and the limitations prescribed in 3,779
divisions (C)(1), (2), (3), (4), (5), and (7)(b) of this section, 3,780
whichever is applicable, all contributions made by and all 3,781
contributions accepted from political contributing entities that 3,782
are established, financed, maintained, or controlled by, or that 3,783
are, the same corporation, organization, labor organization, 3,784
95
continuing association, or other person, including any parent, 3,785
subsidiary, division, or department of that corporation, 3,786
organization, labor organization, continuing association, or 3,787
other person, are considered to have been made by or accepted 3,788
from a single political contributing entity. 3,789
(2) As used in divisions (B)(1)(f), (B)(3)(d), (B)(4), and 3,791
(C)(7) of this section, "political action committee" does not 3,792
include a political action committee that is organized to support 3,793
or oppose a ballot issue or question and that makes no 3,794
contributions to or expenditures on behalf of a political party, 3,795
campaign committee, legislative campaign fund, political action 3,796
committee, or political contributing entity. As used in 3,797
divisions (B)(1)(g), (B)(3)(e), (B)(4), and (C)(7) of this 3,800
section, "political contributing entity" does not include a 3,801
political contributing entity that is organized to support or
oppose a ballot issue or question and that makes no contributions 3,803
to or expenditures on behalf of a political party, campaign 3,804
committee, legislative campaign fund, political action committee, 3,805
or political contributing entity. 3,806
(3) For purposes of the limitations prescribed in 3,808
divisions (B)(4) and (C)(7)(a) of this section, all contributions 3,810
made by and all contributions accepted from a national political 3,811
party, a state political party, and a county political party are 3,812
considered to have been made by or accepted from a single
political party and shall be combined with each other to 3,813
determine whether the limitations have been exceeded. 3,814
(E)(1) If a legislative campaign fund has kept a total 3,816
amount of contributions exceeding one hundred fifty thousand 3,817
dollars at the close of business on the seventh day before the 3,818
postgeneral election statement is required to be filed under 3,819
section 3517.10 of the Revised Code, the legislative campaign 3,820
fund shall comply with division (E)(2) of this section. 3,821
(2)(a) Any legislative campaign fund that has kept a total 3,824
amount of contributions in excess of the amount specified in
96
division (E)(1) of this section at the close of business on the 3,826
seventh day before the postgeneral election statement is required 3,827
to be filed under section 3517.10 of the Revised Code shall 3,828
dispose of the excess amount in the manner prescribed in division 3,829
(E)(2)(c)(i), (ii), or (iii) of this section not later than 3,830
ninety days after the day the postgeneral election statement is 3,831
required to be filed under section 3517.10 of the Revised Code. 3,832
Any legislative campaign fund that is required to dispose of an 3,835
excess amount of contributions under this division shall file a
statement on the ninetieth day after the postgeneral election 3,836
statement is required to be filed under section 3517.10 of the 3,837
Revised Code indicating the total amount of contributions the 3,838
fund has at the close of business on the seventh day before the 3,839
postgeneral election statement is required to be filed under 3,840
section 3517.10 of the Revised Code and that the excess 3,843
contributions were disposed of pursuant to this division and 3,844
divisions (E)(2)(b) and (c) of this section. The statement shall 3,846
be on a form prescribed by the secretary of state and shall
contain any additional information the secretary of state 3,847
considers necessary.
(b) There is hereby created in the state treasury the Ohio 3,849
elections commission fund. All moneys credited to the fund shall 3,850
be used solely for the purpose of paying expenses related to the 3,851
operation of the Ohio elections commission. 3,852
(c) Any legislative campaign fund that is required to 3,855
dispose of an excess amount of contributions under division 3,856
(E)(2) of this section shall dispose of that excess amount by 3,857
doing any of the following:
(i) Giving the amount to the treasurer of state for 3,859
deposit into the state treasury to the credit of the Ohio 3,860
elections commission fund;
(ii) Giving the amount to individuals who made 3,862
contributions to that legislative campaign fund as a refund of 3,863
all or part of their contributions; 3,864
97
(iii) Giving the amount to a corporation that is exempt 3,866
from federal income taxation under subsection 501(a) and 3,867
described in subsection 501(c) of the Internal Revenue Code. 3,868
(F)(1) No legislative campaign fund shall fail to file a 3,871
statement required by division (E) of this section. 3,872
(2) No legislative campaign fund shall fail to dispose of 3,875
excess contributions as required by division (E) of this section. 3,876
(G) Nothing in this section shall affect, be used in 3,878
determining, or supersede a limitation on campaign contributions 3,879
as provided for in the Federal Election Campaign Act. 3,880
(H) This is an interim section effective until January 1, 3,883
2000.
Sec. 3517.103. (A) For purposes of this section: 3,893
(1) "Statewide candidate" means the joint candidates for 3,895
the offices of governor and lieutenant governor or a candidate 3,896
for the office of secretary of state, auditor of state, treasurer 3,898
of state, attorney general, or member of the state board of 3,899
education.
(2) "Personal funds" means contributions to the campaign 3,902
committee of a candidate by the candidate or by the candidate's 3,903
spouse, parents, children, sons-in-law, daughters-in-law,
brothers, sisters, grandparents, mother-in-law, father-in-law, 3,905
brothers-in-law, sisters-in-law, or grandparents by marriage. 3,906
(3) When a debt or other obligation incurred by a 3,908
committee or by a candidate on behalf of the candidate's 3,909
committee described in division (C)(1) or (2) of this section is 3,911
to be paid from personal funds, those funds are considered to be 3,912
expended when the debt or obligation is incurred, regardless of 3,913
when it is paid.
(4) For purposes of Chapter 3517. of the Revised Code, a 3,915
candidate is an "opponent" when the candidate has indicated on 3,917
the candidate's most recently filed designation of treasurer that 3,918
the candidate seeks the same office at the same primary or 3,919
general election as another candidate whose campaign committee 3,920
98
has filed a personal funds notice required by division (C)(1) or 3,921
(2) of this section.
(B)(1) Except as otherwise provided in division (B)(2) of 3,924
this section, no statewide candidate or candidate for the office
of member of the general assembly shall make an expenditure of 3,925
personal funds to influence the results of an election for that 3,926
candidate's nomination or election to office unless the personal 3,927
funds are first deposited into the campaign fund of that 3,928
candidate's campaign committee. 3,929
(2) A statewide candidate or candidate for office of the 3,931
general assembly may make an expenditure of personal funds 3,932
without first depositing those funds into the campaign 3,933
committee's funds as long as the aggregate total of those 3,934
expenditures does not exceed five hundred dollars at any time 3,936
during an election period. After the candidate's campaign 3,937
committee reimburses the candidate for any direct expenditure of 3,938
personal funds, the amount that was reimbursed is no longer 3,939
included in the aggregate total of expenditures of personal funds 3,940
subject to the five-hundred-dollar limit.
(C)(1) If the campaign committee of any statewide 3,943
candidate has received or expended or expects to expend more than 3,944
one hundred thousand dollars of personal funds during a primary 3,945
election period or one hundred fifty thousand dollars of personal 3,946
funds during a general election period, the campaign committee 3,948
shall file a personal funds notice in the manner provided in 3,949
division (C)(3) of this section indicating that the committee has 3,951
received or expended or expects to expend more than that amount. 3,952
For the purpose of division (C)(1) of this section, a joint team 3,953
of candidates for governor and lieutenant governor shall be 3,954
considered a single candidate and their personal funds shall be 3,955
combined.
(2) If the campaign committee of any senate candidate or 3,958
house candidate has received or expended or expects to expend
more than twenty-five thousand dollars of personal funds during a 3,959
99
primary election period or twenty-five thousand dollars of 3,960
personal funds during a general election period, the campaign 3,962
committee shall file a personal funds notice in the manner
provided in division (C)(3) of this section indicating that the 3,964
committee has received or expended or expects to expend more than 3,965
that amount. 3,966
(3) The personal funds notice required in divisions (C)(1) 3,968
and (2) of this section and the declaration of no limits required 3,969
under division (D)(2) of this section shall be on a form 3,971
prescribed by the secretary of state. The personal funds notice 3,973
required in divisions (C)(1) and (2) of this section shall be 3,974
filed not later than the earlier of the following times: 3,975
(a) One hundred twenty days before a primary election, in 3,977
the case of personal funds received, expended, or expected to be 3,979
expended during a primary election period, or not later than one 3,980
hundred twenty days before a general election, in the case of 3,982
personal funds received, expended, or expected to be expended 3,984
during a general election period;
(b) Two business days after the candidate's campaign 3,986
committee receives or makes an expenditure of personal funds or 3,987
the candidate makes an expenditure of personal funds on behalf of 3,988
the candidate's campaign committee during that election period 3,989
that exceed, in the aggregate, the amount specified in division 3,990
(C)(1) or (2) of this section.
The personal funds notice required under divisions (C)(1) 3,992
and (2) of this section and the declaration of no limits required 3,994
under division (D)(2) of this section shall be filed wherever the 3,996
campaign committee files statements of contributions and 3,998
expenditures under section 3517.11 of the Revised Code. The 3,999
board of elections shall send to the secretary of state a copy of 4,000
any personal funds notice or declaration of no limits filed by 4,003
the campaign committee of a senate candidate or house candidate 4,004
under division (C)(3) or (D)(2) of this section. 4,005
(D)(1) Whenever a campaign committee files a notice under 4,008
100
division (C)(1) or (2) of this section, and the campaign 4,009
committee of an opponent files a declaration of no limits 4,010
pursuant to division (D)(2) of this section within thirty days of 4,012
the filing of the personal funds notice under division (C)(1) or 4,013
(2) of this section, the contribution limitations prescribed in 4,015
section 3517.102 of the Revised Code no longer apply to the 4,016
campaign committee of the candidate's opponent. 4,017
(2) No campaign committee of a candidate described in 4,020
division (D)(1) of this section shall accept any contribution or 4,021
contributions from a contributor that exceed the limitations 4,022
prescribed in section 3517.102 of the Revised Code until the
committee files a declaration that the committee will accept 4,023
contributions that exceed those limitations. This declaration 4,024
shall be filed not later than thirty days after a candidate's 4,025
opponent has filed a personal funds notice pursuant to division 4,026
(C)(1) or (2) of section 3517.103 of the Revised Code, shall be
referred to as the "declaration of no limits," and shall list all 4,027
of the following:
(a) The amount of cash on hand in the candidate's campaign 4,029
fund at the end of the day immediately preceding the day on which 4,030
the candidate's campaign committee files the declaration of no 4,031
limits;
(b) The value and description of all campaign assets worth 4,033
five hundred dollars or more available to the candidate at the 4,034
end of the day immediately preceding the day on which the 4,035
candidate's campaign committee files the declaration of no 4,036
limits.
(3) A candidate who was not an opponent of a candidate who 4,038
filed the personal funds notice required under division (C)(3) of 4,039
this section on the date the personal funds notice was filed may 4,040
file the declaration of no limits pursuant to division (D)(2) of 4,041
this section within thirty days after becoming an opponent of the 4,042
candidate who filed the personal funds notice. 4,043
(4) If the candidate whose campaign committee filed a 4,046
101
personal funds notice under division (C)(1) or (2) of this 4,047
section fails to file a declaration of candidacy for the office 4,048
listed on the designation of treasurer filed under division (D) 4,050
of section 3517.10 of the Revised Code or files a declaration of 4,051
candidacy or nominating petition for that office and dies or 4,052
withdraws, both of the following apply to the campaign committee 4,053
of that candidate's opponent if the opponent has filed a 4,054
declaration of no limits pursuant to division (D) of this 4,055
section:
(a) No contribution from a contributor may thereafter be 4,058
accepted that, when added to the aggregate total of all
contributions received by that committee from that contributor 4,059
during the primary election period or general election period, 4,060
whichever is applicable, would cause that committee to exceed the 4,061
contribution limitations prescribed in section 3517.102 of the 4,062
Revised Code for the applicable election period. 4,063
(b) The statement of primary-day finances or the year-end 4,066
statement required to be filed under division (E) of section 4,067
3517.1010 of the Revised Code shall be filed not later than 4,068
fourteen days after the date the candidate's opponent fails to 4,069
file a declaration of candidacy or nominating petition by the 4,070
appropriate filing deadline, or dies or withdraws. For purposes 4,072
of calculating permitted funds under division (A)(7) of section 4,073
3517.1010 of the Revised Code, the primary or general election 4,074
period, whichever is applicable, shall be considered to have 4,075
ended on the filing deadline, in the case of an opponent who 4,076
fails to file a declaration of candidacy or nominating petition, 4,077
or on the date of the opponent's death or withdrawal. In such an 4,078
event, the filing of a statement of primary-day finances or 4,079
year-end finances and the disposing of any excess funds as
required under division (B) of section 3517.1010 of the Revised 4,080
Code satisfies the candidate's obligation to file such a 4,082
statement for that election period.
(E)(1) No campaign committee shall fail to file a personal 4,085
102
funds notice as required under division (C)(1) or (2) of this 4,086
section.
(2) No campaign committee shall accept any contribution in 4,088
excess of the contribution limitations prescribed in section 4,089
3517.102 of the Revised Code:
(a) Unless a declaration of no limits has been filed under 4,091
division (D)(2) of this section; 4,092
(b) In violation of division (D)(4) of this section once 4,094
the candidate who filed a personal funds notice under division 4,095
(C)(3) of this section fails to file a declaration of candidacy 4,096
or nominating petition or that candidate dies or withdraws. 4,097
(3) No campaign committee that violates division (E)(1) of 4,100
this section shall expend any personal funds in excess of the 4,101
amount specified in division (C)(1) or (2) of this section, 4,102
whichever is appropriate to the committee.
(4) The candidate of any campaign committee that violates 4,105
division (E) of this section shall forfeit the candidate's 4,107
nomination, if the candidate was nominated, or the office to 4,108
which the candidate was elected, if the candidate was elected to 4,110
office.
(F)(1) Whenever a campaign committee files a notice under 4,112
division (C)(1) or (2) of this section or whenever the 4,114
contribution limitations prescribed in section 3517.102 of the 4,115
Revised Code do not apply to a campaign committee under division 4,116
(D)(1) of this section, that committee is not a designated state 4,117
campaign committee for the purpose of the limitations prescribed 4,118
in section 3517.102 of the Revised Code with regard to
contributions made by that campaign committee to a legislative 4,119
campaign fund or to a state candidate fund of a state or county 4,120
political party.
(2) Division (F)(1) of this section no longer applies to a 4,123
campaign committee after both of the following occur: 4,124
(a) The primary or general election period during which 4,127
the contribution limitations prescribed in section 3517.102 of 4,128
103
the Revised Code did not apply after being removed pursuant to 4,130
division (D) of this section has expired;
(b) When the campaign committee has disposed of all excess 4,133
funds and excess aggregate contributions as required under 4,134
section 3517.1010 of the Revised Code. 4,135
(G) This is an interim section effective until January 1, 4,138
2000.
Sec. 3517.154. (A)(1) The full-time attorney for the Ohio 4,148
elections commission shall review each complaint filed with the 4,149
commission under section 3517.153 of the Revised Code, shall 4,150
determine the nature of the complaint, and, unless division 4,151
(A)(2)(a) of this section requires that the complaint receive an 4,152
automatic expedited hearing, shall make a recommendation to the 4,153
commission for its disposition, in accordance with this section. 4,154
The attorney shall make the determination and the recommendation, 4,155
if required, not later than one business day after the complaint 4,156
is filed.
(2)(a) If the attorney determines that the complaint sets 4,159
forth a violation of division (B) of section 3517.21 or division 4,160
(B) of section 3517.22, or a violation described in division (D) 4,161
of section 3517.1010, of the Revised Code, the complaint shall 4,162
receive an automatic expedited hearing under section 3517.156 of 4,163
the Revised Code. 4,164
(b) If the attorney determines that the complaint sets 4,167
forth a failure to comply with or a violation of division (G), 4,168
(I), (J), (O), (P), or (Q) of section 3517.13, division (A) of 4,170
section 3517.21, or division (A) of section 3517.22 of the 4,171
Revised Code, the attorney shall recommend to the commission that 4,172
the complaint receive an expedited hearing under section 3517.156 4,173
of the Revised Code and the complaint shall receive such a 4,174
hearing.
(c) If the attorney determines that the complaint sets 4,177
forth a failure to comply with or a violation of a section of the 4,178
Revised Code over which the commission has jurisdiction to hear 4,179
104
complaints other than the sections described in divisions
(A)(2)(a) and (b) of this section, and unless the attorney makes 4,181
a determination as provided for in division (A)(3) of this 4,182
section, the attorney shall recommend to the commission that the 4,183
complaint be submitted to the commission under section 3517.155 4,184
of the Revised Code. After the attorney makes that 4,185
recommendation, the attorney shall notify all parties to the 4,186
complaint of the attorney's recommendation.
(3)(a) If a complaint sets forth a failure to comply with 4,189
or a violation of a section of the Revised Code over which the
commission has jurisdiction to hear complaints other than the 4,190
sections described in divisions (A)(2)(a) and (b) of this 4,192
section, the attorney may determine that the complaint should 4,193
receive an expedited hearing under section 3517.156 of the 4,194
Revised Code. The attorney shall make that determination by 4,195
considering one or more of the following: 4,196
(i) The number of prior failures to comply with or 4,199
violations of Title XXXV of the Revised Code that the person or
entity against whom the complaint has been brought has committed 4,201
and any prior penalties the commission has imposed on the person 4,202
or entity;
(ii) If the complaint involves a statement required to be 4,205
filed under section 3517.10, division (E) of section 3517.102, or 4,206
section 3517.103, 3517.105, 3517.107, 3517.108, or 3517.109 of
the Revised Code or an addendum required to be filed under 4,208
section 3517.11 of the Revised Code that is filed late, how late 4,210
the filing is and how much time has elapsed between the deadline 4,211
for filing the statement or addendum and the filing of the 4,212
complaint;
(iii) If the complaint involves contributions or 4,215
expenditures required to be reported under section 3517.10,
division (E) of section 3517.102, or section 3517.105, 3517.107, 4,216
3517.108, or 3517.109 of the Revised Code that are either not 4,218
reported or reported late, the number of contributions or 4,219
105
expenditures not reported or how late they were reported; 4,220
(iv) If the complaint involves contributions required to 4,223
be reported by a campaign committee under section 3517.10, 4,224
division (E) of section 3517.102, or section 3517.105, 3517.107, 4,225
3517.108, or 3517.109 of the Revised Code that are not reported, 4,227
whether any of the contributors of the contributions not reported 4,228
have a personal or professional relationship with the campaign 4,229
committee's candidate;
(v) If the complaint involves a statement required to be 4,232
filed under section 3517.10, division (E) of section 3517.102, or 4,233
section 3517.103, 3517.105, 3517.107, 3517.108, or 3517.109 of
the Revised Code that is incomplete, the degree to which it is 4,235
incomplete; 4,236
(vi) If the complaint involves the receipt of 4,238
contributions in violation of section 3599.03 of the Revised 4,240
Code, the dollar amount and number of contributions received in 4,241
violation of that section;
(vii) If the complaint involves a failure to make the 4,244
identification or a misstatement of the identification required 4,245
under section 3517.105 or 3517.20 of the Revised Code, whether 4,246
the failure or misstatement was purposely made;
(viii) If the complaint sets forth a failure to comply 4,248
with or a violation of a section of the Revised Code described in 4,249
division (A)(2)(c) of this section, whether the person or entity 4,251
against whom the complaint has been made has committed more than
one such failure or violation within a reasonable amount of time, 4,252
or whether the cumulative nature of the failures or violations 4,254
indicates a systematic disregard for the law. 4,255
(b) Prior to making a determination under division 4,257
(A)(3)(a) of this section that the complaint should receive an 4,259
expedited hearing under section 3517.156 of the Revised Code, the 4,261
attorney shall take into consideration the number of panels of 4,263
the commission that have cases pending before them and the number 4,264
of cases pending before the panels and shall not make a 4,265
106
determination that will place an undue burden on a panel of the 4,266
commission.
(c) If the attorney determines that the complaint should 4,270
receive an expedited hearing under section 3517.156 of the 4,271
Revised Code, the attorney shall recommend to the commission that 4,272
the complaint receive an expedited hearing, and, if a majority of 4,273
the members of the commission agrees with the recommendation, the 4,274
complaint shall receive an expedited hearing under that section. 4,275
(4) The attorney may join two or more complaints if the 4,277
attorney determines that the allegations in each complaint are of 4,278
the same or similar character, are based on the same act or 4,279
failure to act, or are based on two or more acts or failures to 4,280
act constituting parts of a common scheme or plan. If one 4,281
complaint contains two or more allegations, the attorney may 4,282
separate the allegations if they are not of the same or similar 4,283
character, if they are not based on the same act or failure to 4,284
act, or if they are not based on two or more acts or failures to 4,285
act constituting parts of a common scheme or plan. If the 4,286
attorney separates the allegations in a complaint, the attorney 4,287
may make separate recommendations under division (A)(2) or (3) of 4,288
this section for each allegation. 4,289
(B) Whenever a person or other entity files a complaint 4,292
with the commission setting forth a failure to comply with or a 4,293
violation of a section of the Revised Code as described in
division (A)(2)(c) of this section, the person or entity may 4,295
request an expedited hearing under section 3517.156 of the 4,296
Revised Code at the time the complaint is filed. The attorney 4,297
for the commission shall inform the members of the commission of 4,298
that request at the time the attorney makes a recommendation 4,299
under division (A) of this section. The commission may grant the 4,300
request for an expedited hearing under this division if it 4,301
determines that an expedited hearing is practicable. 4,302
(C) This is an interim section effective until January 1, 4,305
2000.
107
Sec. 3517.155. (A)(1) Except as otherwise provided in 4,315
division (B) of this section, the Ohio elections commission shall 4,316
hold its first hearing on a complaint filed with it, other than a 4,317
complaint that receives an expedited hearing under section 4,318
3517.156 of the Revised Code, not later than ninety business days 4,319
after the complaint is filed unless the commission has good cause 4,320
to hold the hearing after that time, in which case it shall hold 4,321
the hearing not later than one hundred eighty business days after 4,322
the complaint is filed. At the hearing, the commission shall 4,323
determine whether or not the failure to act or the violation 4,324
alleged in the complaint has occurred and shall do only one of 4,325
the following, except as otherwise provided in division (B) of 4,327
this section or in division (B) of section 3517.151 of the 4,328
Revised Code:
(a) Enter a finding that good cause has been shown not to 4,331
impose a fine or not to refer the matter to the appropriate
prosecutor; 4,332
(b) Impose a fine under section 3517.993 of the Revised 4,335
Code;
(c) Refer the matter to the appropriate prosecutor; 4,337
(d) Direct the secretary of state or appropriate board of 4,339
elections with the authority to certify a candidate to the ballot 4,340
to remove a candidate's name from the ballot if the candidate is 4,341
barred from the ballot under division (D) of section 3517.1010 of 4,342
the Revised Code.
(2) As used in division (A) of this section, "appropriate 4,345
prosecutor" means a prosecutor as defined in section 2935.01 of 4,346
the Revised Code and either of the following: 4,347
(a) In the case of a failure to comply with or a violation 4,350
of law involving a campaign committee or the committee's 4,351
candidate, a political party, a legislative campaign fund, a 4,352
political action committee, or a political contributing entity, 4,353
that is required to file a statement of contributions and 4,355
expenditures with the secretary of state under division (A) of 4,356
108
section 3517.11 of the Revised Code, the prosecutor of Franklin 4,357
county;
(b) In the case of a failure to comply with or a violation 4,360
of law involving any other campaign committee or committee's 4,361
candidate, or any other political party or political action 4,362
committee, either of the following as determined by the
commission: 4,363
(i) The prosecutor of Franklin county; 4,365
(ii) The prosecutor of the county in which the candidacy 4,368
or ballot question or issue is submitted to the electors or, if 4,369
it is submitted in more than one county, the most populous of 4,370
those counties.
(B) If the commission decides that the evidence is 4,373
insufficient for it to determine whether or not the failure to
act or the violation alleged in the complaint has occurred, the 4,375
commission, by the affirmative vote of five members, may request 4,376
that an investigatory attorney investigate the complaint. Upon 4,377
that request, an investigatory attorney shall make an
investigation in order to produce sufficient evidence for the 4,378
commission to decide the matter. If the commission requests an 4,380
investigation under this division, for good cause shown by the
investigatory attorney, the commission may extend by sixty days 4,381
the deadline for holding its first hearing on the complaint as 4,383
required in division (A) of this section. 4,384
(C) The commission shall take one of the actions required 4,387
under division (A) of this section not later than thirty days 4,388
after the close of all the evidence presented. 4,389
(D)(1) The commission shall make any finding of a failure 4,392
to comply with or a violation of law in regard to a complaint 4,393
that alleges a violation of division (D) of section 3517.1010, 4,394
division (A) or (B) of section 3517.21, or division (A) or (B) of 4,395
section 3517.22 of the Revised Code by clear and convincing 4,397
evidence. The commission shall make any finding of a failure to 4,398
comply with or a violation of law in regard to any other 4,399
109
complaint by a preponderance of the evidence. 4,400
(2) If the commission finds a violation of division (B) of 4,403
section 3517.21 or division (B) of section 3517.22 of the Revised 4,404
Code, it shall refer the matter to the appropriate prosecutor 4,405
under division (A)(1)(c) of this section and shall not impose a 4,408
fine under division (A)(1)(b) of this section or section 3517.993 4,410
of the Revised Code.
(E) In an action before the commission or a panel of the 4,413
commission, if the allegations of the complainant are not proved, 4,414
and the commission takes the action described in division 4,415
(A)(1)(a) of this section or a panel of the commission takes the 4,416
action described in division (C)(1) of section 3517.156 of the 4,417
Revised Code, the commission or a panel of the commission may 4,418
find that the complaint is frivolous, and, if the commission or 4,419
panel so finds, the commission shall order the complainant to pay 4,420
reasonable attorney's fees and to pay the costs of the commission 4,422
or panel as determined by a majority of the members of the 4,423
commission. The costs paid to the commission or panel under this 4,424
division shall be deposited into the Ohio elections commission 4,425
fund.
(F) This is an interim section effective until January 1, 4,428
2000.
Sec. 3517.992. This section establishes penalties only 4,437
with respect to acts or failures to act that occur on and after 4,439
August 24, 1995. 4,440
(A)(1) A candidate whose campaign committee violates 4,443
division (A), (B), (C), (D), or (V) of section 3517.13 of the 4,444
Revised Code, or a treasurer of a campaign committee who violates 4,447
any of those divisions, shall be fined not more than one hundred 4,448
dollars for each day of violation. 4,449
(2) Whoever violates division (E) of section 3517.13 of 4,452
the Revised Code shall be fined not more than one hundred dollars 4,453
for each day of violation.
(B) A political party that violates division (F)(1) of 4,456
110
section 3517.101 of the Revised Code shall be fined not more than 4,457
one hundred dollars for each day of violation. 4,458
(C) Whoever violates division (F)(2) of section 3517.101 4,461
or division (G) of section 3517.13 of the Revised Code shall be 4,462
fined not more than ten thousand dollars or, if the offender is a 4,463
person who was nominated or elected to public office, shall 4,465
forfeit the nomination or the office to which the offender was
elected, or both. 4,466
(D) Whoever violates division (F) of section 3517.13 of 4,469
the Revised Code shall be fined not more than three times the 4,470
amount contributed.
(E) Whoever violates division (H) of section 3517.13 of 4,473
the Revised Code shall be fined not more than one hundred 4,474
dollars.
(F) Whoever violates division (O), (P), or (Q) of section 4,477
3517.13 of the Revised Code is guilty of a misdemeanor of the 4,478
first degree. 4,479
(G) A state or county committee of a political party that 4,482
violates division (B)(1) of section 3517.18 of the Revised Code 4,483
shall be fined not more than twice the amount of the improper 4,484
expenditure.
(H) A state or county political party that violates 4,487
division (G) of section 3517.101 of the Revised Code shall be 4,488
fined not more than twice the amount of the improper expenditure 4,489
or use.
(I)(1) Any individual who violates division (B)(1) of 4,492
section 3517.102 of the Revised Code and knows that the 4,493
contribution the individual makes violates that division shall be 4,495
fined an amount equal to three times the amount contributed in 4,496
excess of the amount permitted by that division. 4,497
(2) Any political action committee that violates division 4,500
(B)(2) of section 3517.102 of the Revised Code shall be fined an 4,501
amount equal to three times the amount contributed in excess of 4,502
the amount permitted by that division. 4,503
111
(3) Any campaign committee that violates division (B)(3) 4,506
or (5) of section 3517.102 of the Revised Code shall be fined an 4,508
amount equal to three times the amount contributed in excess of 4,510
the amount permitted by that division.
(4) Any legislative campaign fund that violates division 4,512
(B)(6) of section 3517.102 of the Revised Code, and any state 4,514
political party, county political party, or state candidate fund 4,515
of a state political party or county political party that 4,516
violates division (B)(6) of that section, shall be fined an 4,517
amount equal to three times the amount contributed in excess of 4,518
the amount permitted by those divisions, as applicable. 4,519
(5) Any political contributing entity that violates 4,521
division (B)(7) of section 3517.102 of the Revised Code shall be 4,524
fined an amount equal to three times the amount contributed in 4,525
excess of the amount permitted by that division. 4,526
(6) Notwithstanding divisions (J)(1), (2), (3), (4), and 4,529
(5) of this section, no fine shall be imposed if the excess 4,530
amount contributed meets either of the following conditions: 4,531
(a) It is completely refunded within five business days 4,533
after it is accepted. 4,534
(b) It is less than or equal to the amount permitted under 4,536
division (I)(1), (2), (3), (4), or (5) of this section, whichever 4,538
is applicable, and the excess is completely refunded within ten 4,539
business days after notification to the recipient of the 4,540
contribution by the board of elections or the secretary of state 4,541
that a contribution in excess of the permitted amount has been 4,542
received.
(J)(1) Any campaign committee that violates division 4,544
(C)(1), (2), (3), or (6) of section 3517.102 of the Revised Code 4,546
shall be fined an amount equal to three times the amount accepted 4,547
in excess of the amount permitted by that division.
(2) Any state or county political party that violates 4,549
division (C)(4) of section 3517.102 of the Revised Code shall be 4,551
fined an amount from its state candidate fund equal to three 4,553
112
times the amount accepted in excess of the amount permitted by 4,554
that division.
(3) Any legislative campaign fund that violates division 4,557
(C)(5) of section 3517.102 of the Revised Code shall be fined an 4,558
amount equal to three times the amount accepted in excess of the 4,559
amount permitted by that division. 4,560
(4) Any political action committee or political 4,562
contributing entity that violates division (C)(7) of section 4,566
3517.102 of the Revised Code shall be fined an amount equal to 4,568
three times the amount accepted in excess of the amount permitted 4,570
by that division.
(5) Notwithstanding divisions (J)(1), (2), (3), and (4) of 4,572
this section, no fine shall be imposed if the excess accepted 4,575
meets either of the following conditions: 4,576
(a) It is completely refunded within five business days 4,578
after its acceptance. 4,580
(b) It is less than or equal to the amount permitted under 4,582
division (J)(1), (2), (3), or (4), whichever is applicable, and 4,586
the excess is completely refunded within ten business days after 4,587
notification to the recipient of the contribution by the board of 4,588
elections or the secretary of state that a contribution in excess 4,589
of the permitted amount has been received. 4,590
(K)(1) Any campaign committee or legislative campaign fund 4,592
that violates division (F)(1) of section 3517.102 of the Revised 4,594
Code shall be fined twenty-five dollars for each day of 4,596
violation.
(2) Any campaign committee or legislative campaign fund 4,598
that violates division (F)(2) of section 3517.102 of the Revised 4,600
Code shall give to the treasurer of state for deposit into the 4,601
state treasury to the credit of the Ohio elections commission 4,602
fund all excess contributions not disposed of as required by 4,604
division (E) of section 3517.102 of the Revised Code. 4,605
(L) Whoever violates section 3517.105 of the Revised Code 4,608
shall be fined one thousand dollars. 4,609
113
(M)(1) Whoever solicits a contribution in violation of 4,611
section 3517.092 or violates division (B) of section 3517.09 of 4,612
the Revised Code is guilty of a misdemeanor of the first degree. 4,614
(2) Whoever knowingly accepts a contribution in violation 4,616
of division (B) or (C) of section 3517.092 of the Revised Code 4,618
shall be fined an amount equal to three times the amount accepted 4,620
in violation of either of those divisions and shall return to the 4,622
contributor any amount so accepted. Whoever unknowingly accepts 4,624
a contribution in violation of division (B) or (C) of section 4,625
3517.092 of the Revised Code shall return to the contributor any 4,626
amount so accepted. 4,627
(N) Whoever violates division (S) of section 3517.13 of 4,630
the Revised Code shall be fined an amount equal to three times 4,631
the amount of funds transferred or three times the value of the 4,632
assets transferred in violation of that division. 4,633
(O) Any campaign committee that accepts a contribution or 4,635
contributions in violation of section 3517.108 of the Revised 4,637
Code, uses a contribution in violation of that section, or fails 4,639
to dispose of excess contributions in violation of that section 4,640
shall be fined an amount equal to three times the amount 4,641
accepted, used, or kept in violation of that section.
(P) Any political party, state candidate fund, legislative 4,643
candidate fund, or campaign committee that violates division (T) 4,646
of section 3517.13 of the Revised Code shall be fined an amount 4,648
equal to three times the amount contributed or accepted in 4,650
violation of that section.
(Q) A treasurer of a committee or another person who 4,653
violates division (U) of section 3517.13 of the Revised Code 4,654
shall be fined not more than two hundred fifty dollars. 4,655
(R) Whoever violates division (I) or (J) of section 4,658
3517.13 of the Revised Code shall be fined not more than one 4,659
thousand dollars. Whenever a person is found guilty of violating 4,660
division (I) or (J) of section 3517.13 of the Revised Code, the 4,662
contract awarded in violation of either of those divisions shall 4,663
114
be rescinded if its terms have not yet been performed. 4,664
(S) A candidate whose campaign committee violates or a 4,667
treasurer of a campaign committee who violates section 3517.081, 4,668
and a candidate whose campaign committee violates, or a treasurer 4,669
of a campaign committee, or another person who violates, division 4,670
(C) of section 3517.10 of the Revised Code, shall be fined not 4,671
more than five hundred dollars. 4,672
(T) A candidate whose campaign committee violates or a 4,675
treasurer of a committee who violates division (B), or a 4,676
candidate whose campaign committee violates, a treasurer of a 4,677
committee, or another person who violates division (C), of 4,678
section 3517.09 of the Revised Code shall be fined not more than 4,680
one thousand dollars.
(U) Whoever violates section 3517.20 of the Revised Code 4,683
shall be fined not more than five hundred dollars. 4,684
(V) Whoever violates section 3517.21 or 3517.22 of the 4,687
Revised Code shall be imprisoned for not more than six months or 4,688
fined not more than five thousand dollars, or both. 4,689
(W) A campaign committee that is required to file a 4,692
declaration of no limits under division (D)(2) of section 4,694
3517.103 of the Revised Code that, before filing that 4,695
declaration, accepts a contribution or contributions that exceed 4,696
the limitations prescribed in section 3517.102 of the Revised 4,698
Code, shall return that contribution or those contributions to 4,699
the contributor.
This is an interim section effective until January 1, 2000. 4,701
Sec. 3769.04. Any person, association, corporation, or 4,711
trust desiring to hold or conduct a horse-racing meeting, wherein 4,712
the pari-mutuel system of wagering is allowed, shall make 4,713
application to the state racing commission for a permit to do so. 4,714
Each application, accompanied by a permit fee of ten dollars and 4,716
a cash bond, certified check, or bank draft, shall be filed with 4,717
the commission at least five days prior to the first day of each 4,718
horse-racing meeting that the person, association, corporation, 4,719
115
or trust proposes to hold or conduct. The application, if made 4,720
by an individual, shall be signed and verified under oath by the 4,721
individual and, if made by individuals or a partnership, shall be 4,722
signed and verified under oath by one of the individuals or a 4,723
member of the partnership. If made by an association, trust, or 4,724
corporation, the application shall be signed by the ITS president 4,725
or vice-president thereof and attested by the secretary or 4,727
assistant secretary under the seal of the association, trust, or 4,728
corporation, if it has a seal, and shall also be verified under 4,729
oath by one of the officers signing the application. The 4,730
commission shall prescribe forms to be used in making the 4,731
application. The application shall specify the name of the 4,732
person, association, trust, or corporation making such 4,733
application, the post-office address of the applicant (if a 4,734
corporation, the name of the state of its incorporation), the 4,735
dates on which the applicant intends to conduct or hold such 4,736
horse-racing meeting, which dates shall be successive days, 4,737
including Sundays unless otherwise requested by the applicant and 4,738
authorized by the commission, the hours of each racing day during 4,739
which the applicant intends to hold or conduct horse racing at 4,740
such meeting, which shall be during the hours specified pursuant 4,741
to section 3769.07 of the Revised Code, and the location of the 4,742
place, track, or enclosure where it is proposed to hold or 4,743
conduct such horse-racing meeting, and such further information 4,744
as the commission prescribes.
If the application requests a permit for a horse-racing 4,746
meet at a location at which such a meet has not previously been 4,747
conducted by permission of the commission, then, in addition to 4,748
the other requirements for said THE application, there shall 4,749
accompany the application a petition signed by at least fifty-one 4,750
per cent of the qualified electors voting for governor at the 4,751
most recent general election in the townships in which the racing 4,753
meet is proposed to be conducted, together with a certificate of 4,754
the board of elections of the counties in which such townships 4,755
116
are situated that the signatures on the petition are valid and 4,756
comply with this section. No petition or certificate shall be 4,757
required for a transfer made under section 3769.13 of the Revised 4,758
Code if the transfer is to a county in which racing has 4,759
previously been conducted pursuant to a permit issued under 4,760
section 3769.06 of the Revised Code.
Such petition shall be in the following form: 4,762
"We, the undersigned, electors of ............ township, 4,764
............ county, Ohio request the granting of the application 4,765
of ............ for a horse-racing meet to be conducted in whole 4,766
or in part in ............ township, ............ county, Ohio in 4,767
the year 19......" 4,768
Name Address Voting Precinct Township 4,770
................................................................" 4,771
Such petition shall be sworn to in the manner provided in 4,773
section 3513.27 of the Revised Code. This section does not apply 4,774
to small horse-racing meets or horse shows which are not required 4,775
to secure permits under section 3769.01 of the Revised Code, nor 4,776
shall this section, other than the first paragraph, apply to 4,777
county fair horse-racing meets. 4,778
Sec. 4561.25. (A) Every person who, in the ordinary 4,787
course of his business, rents an aircraft to another person, 4,788
shall deliver to such THE renter a written notice stating the 4,789
nature and extent of insurance coverage provided, if any, for the 4,791
renter against loss of or damage to the hull of the aircraft, or 4,792
against liability arising out of the ownership, maintenance, or 4,793
use of the aircraft. Such notice shall contain the name of the 4,794
person giving the notice, and shall be in substantially the 4,795
following form: 4,796
"Notice of insurance coverage 4,797
As a renter of aircraft, you are hereby notified that: 4,799
(1) You (are) (are not) insured under a policy or policies 4,801
of insurance provided by the undersigned and providing liability 4,802
coverage to renters of aircraft. If coverage is provided, it is 4,803
117
in the following amount or amounts: 4,804
$....................... 4,806
(2) Hull insurance in favor of renters of aircraft (is) 4,808
(is not) maintained. If hull insurance is provided, you (are) 4,809
(are not) insured for the full value of the rental aircraft. 4,810
............................... 4,810
(Signature of person or 4,813
officer of company renting
aircraft)
Dated:..........................., 19...... 4,816
(Month) (Day) (Year)" 4,818
(B) The notice delivered pursuant to division (A) of this 4,820
section shall constitute a material part of any rental agreement, 4,821
and each renter shall give written acknowledgment of receipt of 4,822
such THE notice. 4,823
(C) Whoever fails to deliver the notice in accordance with 4,825
division (A) of this section shall be fined not more than one 4,826
thousand dollars. 4,827
Sec. 4703.10. If the applicant passes the examination 4,836
under section 4703.09 of the Revised Code or in lieu of the 4,838
examination meets, in the opinion of the state board of examiners 4,839
of architects, the requirements of section 4703.08 of the Revised 4,840
Code, and in addition has proven himself SELF to be of good moral 4,841
character, he THE APPLICANT is eligible to receive from the state 4,843
board of examiners of architects a certificate of qualification 4,844
to practice architecture. The certificate shall be signed by the 4,845
president and secretary of the board and shall bear the name of 4,846
the successful applicant, his THE SUCCESSFUL APPLICANT'S place of 4,847
business, the serial number of the certificate, the seal of the 4,848
board, and the words, "admitted to practice architecture in the 4,849
state of Ohio, the ..... day of ......., 19 ...." 4,850
If the applicant fails the examination under section 4,852
4703.09 of the Revised Code, the board may refuse to issue a 4,853
certificate of qualification to practice architecture. 4,854
118
Sec. 5309.15. After the investigation authorized by 4,863
section 5309.14 of the Revised Code, if, in the opinion of the 4,864
examiner of titles, the applicant has a good title as alleged, 4,866
and proper for registration, or if the applicant after an adverse 4,867
opinion of the examiner elects to proceed further, the clerk of
the probate court or the clerk of the court of common pleas 4,868
shall, upon the filing of the examiner's report or the 4,869
applicant's election, cause notice of the filing, substance, and 4,870
prayer of the application to be published once a week for three 4,871
consecutive weeks in a newspaper, which may be designated by the
applicant, published and of general circulation in each county 4,872
where any portion of the land lies, or if no newspaper is 4,873
published in any of such counties, then in a newspaper so 4,874
designated, published, and of general circulation in an adjoining 4,875
county. The expense of such publication shall be paid by the 4,876
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 4,877
in form substantially as follows: 4,878
".................Court of............County, Ohio. 4,880
A. B., 4,882
plaintiff, 4,884
vs. APPLICATION TO REGISTER TITLE TO 4,886
LAND.
C. D. et al, 4,888
defendants 4,890
To (here insert the names, residences, and addresses of all 4,892
the defendants so far as known), and to all persons having any 4,893
interest in or lien or charge upon the lands or any part thereof 4,895
described herein. You are hereby notified that an application 4,896
has been filed in said court by ................. to settle,
determine, and remove all clouds from and register his SUCH 4,897
PERSON'S (or their SUCH PERSONS') title in and to, and to settle, 4,899
determine, and register all lesser or other estates and interests 4,900
in, and all liens and charges upon, the following described land
119
(insert description). 4,901
You are hereby required to answer said application on or 4,903
before the ....... day of ....... A.D., .......... and show 4,904
cause, if any you have, why the prayer of said application should 4,906
not be granted. And unless you appear at said court on or before 4,907
the time aforesaid and make answer or other plea to said 4,908
application, your default will be recorded, the said application
will be taken as confessed, and you will be forever barred from 4,910
contesting said application or any decree entered thereon. 4,911
WITNESS ................... Judge of said Court, this 4,913
........ day of ....... in the year nineteen hundred and, ..... 4,914
Attest:" 4,916
The form of said notice in cases mentioned in section 4,918
5309.66 of the Revised Code may be varied as the facts require. 4,919
Sec. 5721.15. The forms of caption, notice of foreclosure 4,928
and forfeiture, and notice to property owners, lienholders, and 4,929
other interested persons to be utilized in a foreclosure and 4,930
forfeiture proceeding instituted pursuant to section 5721.14 of 4,931
the Revised Code shall be as follows: 4,932
(A) Form of caption: 4,934
"In the .......... court of .........., Ohio, 4,936
in the matter of the 4,938
foreclosure of liens and forfeiture of property 4,940
for delinquent land taxes by action in rem. 4,942
County treasurer of .......... county, Ohio, 4,944
Plaintiff 4,946
vs. 4,948
Parcels of land encumbered with delinquent tax liens, 4,950
defendants" 4,952
(B) Form of notice of foreclosure and forfeiture: 4,954
".......... court .......... county, Ohio 4,956
Notice of foreclosure of liens and forfeiture of property 4,958
for delinquent land taxes, by action in rem by county treasurer 4,959
of .......... county, ohio Ohio 4,960
120
Public notice is hereby given that on the .......... day of 4,962
.........., 19...., the county treasurer of .......... county, 4,963
Ohio, filed a complaint in the .......... court of .........., 4,964
Ohio, at .......... (stating the city), for the foreclosure of 4,965
liens and forfeiture of property for delinquent taxes, 4,966
assessments, charges, penalties, and interest against certain 4,967
real property situated in such county, as described in that 4,968
complaint. 4,969
The object of the action is to obtain from the court a 4,971
judgment foreclosing the tax liens against such real estate, 4,972
forfeiting the property to the state, and ordering the sale of 4,973
such real estate for the satisfaction of the tax liens on it. 4,974
Such action is brought against the real property only and 4,976
no personal judgment shall be entered in it. However, if, 4,977
pursuant to the action, the property is sold for an amount that 4,978
is less than the amount of the delinquent taxes, assessments, 4,979
charges, penalties, and interest against it, the court, in a 4,980
separate order, may enter a deficiency judgment against the owner 4,981
of record of a parcel for the amount of the difference; if that 4,982
owner of record is a corporation, the court may enter the 4,983
deficiency judgment against the stockholder holding a majority of 4,984
that corporation's stock. 4,985
The permanent parcel number of each parcel included in such 4,987
action; the full street address of the parcel, if available; a 4,988
description of the parcel as set forth in the associated 4,989
delinquent vacant land tax certificate or master list of 4,990
delinquent vacant tracts; a statement of the amount of the taxes, 4,991
assessments, charges, penalties, and interest due and unpaid on 4,992
the parcel; the name and address of the last known owner of the 4,993
parcel as they appear on the general tax list; and the names and 4,994
addresses of each lienholder and other person with an interest in 4,995
the parcel identified in a statutorily required title search 4,996
relating to the parcel; all as more fully set forth in the 4,997
complaint, are as follows: 4,998
121
(Here set forth the respective permanent parcel numbers, 5,000
street addresses, descriptions, names and addresses of owners, 5,001
lienholders, and other interested persons, and statements of 5,002
amounts due as taxes, assessments, charges, penalties, and 5,003
interest, together with the respective serial numbers assigned to 5,004
each parcel if the complaint covers more than one parcel. If 5,005
parcels are identified in this notice by permanent parcel number 5,006
only, instead of also with a complete legal description, as 5,007
authorized by division (C) of section 5721.14 of the Revised 5,008
Code, here also set forth where the complete legal description of 5,009
the parcel may be obtained.) 5,010
Any person owning or claiming any right, title, or interest 5,012
in, or lien upon, any parcel of real property above listed may 5,013
file an answer in such action setting forth the nature and amount 5,014
of interest owned or claimed and any defense or objection to the 5,015
foreclosure and forfeiture. Such answer shall be filed in the 5,016
office of the undersigned clerk of the court, and a copy of the 5,017
answer shall be served on the prosecuting attorney, on or before 5,018
the .......... day of .........., 19.... (twenty-eight days after 5,019
the date of final publication of this notice). 5,020
If no answer is filed with respect to a parcel listed in 5,022
the complaint, on or before the date specified as the last day 5,023
for filing an answer, a judgment of foreclosure and forfeiture 5,024
will be taken by default as to that parcel. Any parcel as to 5,025
which a foreclosure and forfeiture is taken by default shall be 5,026
sold for the satisfaction of the taxes, assessments, charges, 5,027
penalties, and interest, and the costs incurred in the 5,028
foreclosure and forfeiture proceeding, which are due and unpaid. 5,029
At any time prior to the filing of an entry of confirmation 5,031
of sale, any owner or lienholder of, or other person with an 5,032
interest in, a parcel listed in the complaint may redeem the 5,033
parcel by tendering to the treasurer the amount of the taxes, 5,034
assessments, charges, penalties, and interest due and unpaid on 5,035
the parcel, together with all costs incurred in the proceeding 5,036
122
instituted against the parcel under section 5721.14 of the 5,037
Revised Code. Upon the filing of any entry of confirmation of 5,038
sale, there shall be no further equity of redemption. After the 5,039
filing of any such entry, any person claiming any right, title, 5,040
or interest in, or lien upon, any parcel shall be forever barred 5,041
and foreclosed of any such right, title, or interest in, lien 5,042
upon, and any equity of redemption in, such parcel. 5,044
......................... 5,045
Clerk of the Court 5,047
................... Court 5,049
..................., Ohio" 5,051
(C) Form of notice to owner, lienholders, and other 5,053
persons with an interest in a parcel: 5,054
"To the person to whom this notice is addressed: 5,056
You are the last known owner, according to the general tax 5,058
list, or a lienholder of, or a person with another interest in, 5,059
the following described parcel: 5,060
(Description as shown in complaint) 5,062
Such parcel has been included in an action instituted by 5,064
the county treasurer, being case No. ........ filed in the 5,065
.......... court, ..........., Ohio, on .........., 19...., 5,066
seeking the foreclosure, forfeiture, and sale of such parcel for 5,067
the nonpayment of delinquent taxes, assessments, charges, 5,068
penalties, and interest (specify which) in the amount of 5,069
$.......... 5,070
Any person owning or claiming any right, title, or interest 5,072
in, or lien upon, such parcel may file an answer in the action 5,073
setting forth the nature and amount of his THE PERSON'S interest 5,074
and any defense or objection to the foreclosure and forfeiture. 5,076
Any such answer shall be filed in the office of the undersigned 5,077
clerk of the court, and a copy of the answer shall be served upon 5,078
the prosecuting attorney, on or before .........., 19.... 5,079
(twenty-eight days after the publication of the associated notice 5,080
of foreclosure and forfeiture in accordance with law). 5,081
123
If no answer is filed, a judgment of foreclosure and 5,083
forfeiture will be taken by default and such parcel shall be 5,084
ordered sold for the satisfaction of the tax lien on it. 5,085
If, pursuant to the action, the property is sold for an 5,087
amount that is less than the amount of the delinquent taxes, 5,088
assessments, charges, penalties, and interest against it, the 5,089
court, in a separate order, may enter a deficiency judgment 5,090
against the owner of record of a parcel for the amount of the 5,091
difference. If that owner of record is a corporation, the court 5,092
may enter the deficiency judgment against the stockholder holding 5,093
a majority of that corporation's stock. 5,094
At any time prior to the filing of any entry of 5,096
confirmation of sale, any owner or lienholder of, or other person 5,097
with an interest in, a parcel may redeem the parcel by tendering 5,098
to the treasurer the full amount of the taxes, assessments, 5,099
charges, penalties, and interest due and unpaid on the parcel, 5,100
together with all costs incurred in the proceeding instituted 5,101
against the parcel under section 5721.14 of the Revised Code. 5,102
Upon the filing of any entry confirming the sale of the parcel, 5,103
there shall be no further equity of redemption. After the filing 5,104
of any such entry, any person claiming any right, title, or 5,105
interest in, or lien upon, the parcel shall be forever barred and 5,106
foreclosed of any such right, title, or interest in, lien upon, 5,107
and any equity of redemption in, the parcel. 5,109
............................ 5,110
Clerk of the Court 5,112
..................... Court 5,114
....................., Ohio" 5,116
Sec. 5721.181. The forms of caption, notice of 5,125
foreclosure, and notice to property owners, lienholders, and 5,126
other interested persons to be utilized in a foreclosure 5,127
proceeding instituted pursuant to division (B) of section 5721.18 5,128
of the Revised Code shall be in substance as follows: 5,129
(A) Form of caption: 5,131
124
"In the .......... court of .........., Ohio, 5,133
in the matter of the 5,135
foreclosure of liens for delinquent land taxes by action 5,137
in rem. 5,139
County treasurer of .......... county, Ohio, 5,141
Plaintiff 5,143
vs. 5,145
Parcels of land encumbered with delinquent tax liens, 5,147
defendants" 5,149
(B) Form of notice of foreclosure: 5,151
".......... court .......... county, Ohio 5,153
Notice of foreclosure of liens for delinquent land taxes, 5,155
by action in rem by county treasurer of .......... county, Ohio 5,156
Public notice is hereby given that on the .......... day of 5,158
.........., 19...., the county treasurer of .......... county, 5,159
Ohio, filed a complaint in the .......... court of .........., 5,160
Ohio, at .......... (stating the city), for the foreclosure of 5,161
liens for delinquent taxes, assessments, charges, penalties, and 5,162
interest against certain real property situated in such county, 5,163
as described in that complaint. 5,164
The object of the action is to obtain from the court a 5,166
judgment foreclosing the tax liens against such real estate and 5,167
ordering the sale of such real estate for the satisfaction of the 5,168
tax liens on it. 5,169
Such action is brought against the real property only and 5,171
no personal judgment shall be entered in it. However, if 5,172
pursuant to the action the property is sold for an amount that is 5,173
less than the amount of the delinquent taxes, assessments, 5,174
charges, penalties, and interest against it, the court, in a 5,175
separate order, may enter a deficiency judgment against the owner 5,176
of record of a parcel for the amount of the difference; if that 5,177
owner of record is a corporation, the court may enter the 5,178
deficiency judgment against the stockholder holding a majority of 5,179
the corporation's stock. 5,180
125
The permanent parcel number of each parcel included in such 5,182
action; the full street address of the parcel, if available; a 5,183
description of the parcel as set forth in the associated 5,184
delinquent land tax certificate or master list of delinquent 5,185
tracts; a statement of the amount of the taxes, assessments, 5,186
charges, penalties, and interest due and unpaid on the parcel; 5,187
the name and address of the last known owner of the parcel as 5,188
they appear on the general tax list; and the names and addresses 5,189
of each lienholder and other person with an interest in the 5,190
parcel identified in a statutorily required title search relating 5,191
to the parcel; all as more fully set forth in the complaint, are 5,192
as follows: 5,193
(Here set forth the respective permanent parcel numbers, 5,195
street addresses, descriptions, names and addresses of owners, 5,196
lienholders, and other interested persons, and statements of 5,197
amounts due as taxes, assessments, charges, penalties, and 5,198
interest, together with the respective serial numbers assigned to 5,199
each parcel if the complaint covers more than one parcel. If 5,200
parcels are identified in this notice by permanent parcel number 5,201
only, instead of also with a complete legal description, as 5,202
authorized by division (B)(1) of section 5721.18 of the Revised 5,203
Code, here also set forth where the complete legal description of 5,204
the parcel may be obtained.) 5,205
Any person owning or claiming any right, title, or interest 5,207
in, or lien upon, any parcel of real property above listed may 5,208
file an answer in such action setting forth the nature and amount 5,209
of interest owned or claimed and any defense or objection to the 5,210
foreclosure. Such answer shall be filed in the office of the 5,211
undersigned clerk of the court, and a copy of the answer shall be 5,212
served on the prosecuting attorney, on or before the .......... 5,213
day of .........., 19.... (twenty-eight days after the date of 5,214
final publication of this notice). 5,215
If no answer is filed with respect to a parcel listed in 5,217
the complaint, on or before the date specified as the last day 5,218
126
for filing an answer, a judgment of foreclosure will be taken by 5,219
default as to that parcel. Any parcel as to which a foreclosure 5,220
is taken by default shall be sold for the satisfaction of the 5,221
taxes, assessments, charges, penalties, and interest, and the 5,222
costs incurred in the foreclosure proceeding, which are due and 5,223
unpaid. 5,224
At any time prior to the filing of an entry of confirmation 5,226
of sale, any owner or lienholder of, or other person with an 5,227
interest in, a parcel listed in the complaint may redeem the 5,228
parcel by tendering to the treasurer the amount of the taxes, 5,229
assessments, charges, penalties, and interest due and unpaid on 5,230
the parcel, together with all costs incurred in the proceeding 5,231
instituted against the parcel under section 5721.18 of the 5,232
Revised Code. Upon the filing of any entry of confirmation of 5,233
sale, there shall be no further equity of redemption. After the 5,234
filing of any such entry, any person claiming any right, title, 5,235
or interest in, or lien upon, any parcel shall be forever barred 5,236
and foreclosed of any such right, title, or interest in, lien 5,237
upon, and any equity of redemption in, such parcel. 5,239
.......................... 5,240
Clerk of the Court 5,242
................... Court 5,244
..................., Ohio" 5,246
(C) Form of notice to owner, lienholders, and other 5,248
persons with an interest in a parcel: 5,249
"To the person to whom this notice is addressed: 5,251
You are the last known owner, according to the general tax 5,253
list, or a lienholder of, or a person with another interest in, 5,254
the following described parcel: 5,255
(Description as shown in complaint) 5,257
Such parcel has been included in an action instituted by 5,259
the county treasurer, being case No. ........ filed in the 5,260
.......... court, ..........., Ohio, on .........., 19...., 5,261
seeking the foreclosure and sale of such parcel for the 5,262
127
nonpayment of delinquent taxes, assessments, charges, penalties, 5,263
and interest (specify which) in the amount of $.......... 5,264
Any person owning or claiming any right, title, or interest 5,266
in, or lien upon, such parcel may file an answer in the action 5,267
setting forth the nature and amount of his THE PERSON'S interest 5,268
and any defense or objection to the foreclosure. Any such answer 5,270
shall be filed in the office of the undersigned clerk of the 5,271
court, and a copy of the answer shall be delivered to the 5,272
prosecuting attorney, on or before .........., 19.... 5,273
(twenty-eight days after the final publication of the associated 5,274
notice of foreclosure in accordance with law). 5,275
If no answer is filed, a judgment of foreclosure will be 5,277
taken by default and such parcel shall be ordered sold for the 5,278
satisfaction of the tax lien on it. 5,279
If, pursuant to the action, the property is sold for an 5,281
amount that is less than the amount of the delinquent taxes, 5,282
assessments, charges, penalties, and interest against it, the 5,283
court, in a separate order, may enter a deficiency judgment 5,284
against the owner of record of a parcel for the amount of the 5,285
difference. If that owner of record is a corporation, the court 5,286
may enter the deficiency judgment against the stockholder holding 5,287
a majority of that corporation's stock. 5,288
At any time prior to the filing of any entry of 5,290
confirmation of sale, any owner or lienholder of, or other person 5,291
with an interest in, a parcel may redeem the parcel by tendering 5,292
to the treasurer the full amount of the taxes, assessments, 5,293
charges, penalties, and interest due and unpaid on the parcel, 5,294
together with all costs incurred in the proceeding instituted 5,295
against the parcel under section 5721.18 of the Revised Code. 5,296
Upon the filing of any entry confirming the sale of the parcel, 5,297
there shall be no further equity of redemption. After the filing 5,298
of any such entry, any person claiming any right, title, or 5,299
interest in, or lien upon, the parcel shall be forever barred and 5,300
foreclosed of any such right, title, or interest in, lien upon, 5,301
128
and any equity of redemption in, the parcel. 5,303
............................ 5,304
Clerk of the Court 5,306
..................... Court 5,308
....................., Ohio" 5,310
Sec. 5721.191. (A) Subject to division (B) of this 5,319
section, the form for the advertisement of a sale conducted 5,320
pursuant to section 5721.19 of the Revised Code shall be as 5,321
follows: 5,322
"Notice of sale under judgment of foreclosure of liens for 5,325
delinquent land taxes 5,326
In the ............... court of ............., Ohio 5,328
case no. 5,330
in the matter of foreclosure of liens for 5,332
delinquent land taxes 5,334
county treasurer of ........................., Ohio 5,337
Plaintiff, 5,338
vs. 5,340
parcels of land encumbered with delinquent 5,342
tax liens, 5,345
Defendants. 5,346
Whereas, judgment has been rendered against certain parcels 5,348
of real property for taxes, assessments, charges, penalties, 5,349
interest, and costs as follows: 5,350
(Here set out, for each parcel, the respective permanent 5,352
parcel number, full street address, description of the parcel, 5,353
name and address of the last known owners of the parcel as shown 5,354
on the general tax list, and total amount of the judgment) and; 5,355
Whereas, such judgment orders such real property to be sold 5,357
by the undersigned to satisfy the total amount of such judgment; 5,358
Now, therefore, public notice is hereby given that I, 5,360
.................... (officer) of .........................., 5,361
Ohio, will sell such real property at public auction, for cash, 5,362
to the highest bidder of an amount that equals at least (insert 5,363
129
here, as in the court's order, the fair market value of the 5,364
parcel as determined by the county auditor, or the total amount 5,365
of the judgment, including all taxes, assessments, charges, 5,366
penalties, and interest payable subsequent to the delivery to the 5,367
prosecuting attorney of the delinquent land tax certificate or 5,368
master list of delinquent tracts and prior to the transfer of the 5,369
deed of the property to the purchaser following confirmation of 5,370
sale), between the hours of ......... a.m. and ....... p.m., at 5,371
(address and location) in ..............., Ohio, on ..........., 5,372
the .......... day of ..............., 19.... If any parcel does 5,373
not receive a sufficient bid, it shall be offered for sale, under 5,374
the same terms and conditions of the first sale and at the same 5,375
time of day and at the same place, on ................, the 5,376
............ day of ............., 19..., for an amount that 5,377
equals at least (insert here, as in the court's order, the fair 5,378
market value of the parcel as determined by the county auditor, 5,379
or the total amount of the judgment, including all taxes, 5,380
assessments, charges, penalties, and interest payable subsequent 5,381
to the delivery to the prosecuting attorney of the delinquent 5,382
land tax certificate or master list of delinquent tracts and 5,383
prior to the transfer of the deed of the property to the 5,384
purchaser following confirmation of sale)." 5,385
(B) If the title search required by division (B) of 5,387
section 5721.18 of the Revised Code that relates to a parcel 5,388
subject to an in rem action under that division, or if the title 5,389
search that relates to a parcel subject to an in personam action 5,390
under division (A) of section 5721.18 of the Revised Code, 5,391
indicates that a federal tax lien exists relative to the parcel, 5,392
then the form of the advertisement of sale as described in 5,393
division (A) of this section additionally shall include the 5,394
following statement in boldface type: 5,395
"PUBLIC NOTICE IS HEREBY GIVEN THAT (INSERT HERE THE 5,397
DESCRIPTION OF EACH RELEVANT PARCEL) TO BE SOLD AT PUBLIC AUCTION 5,398
IS SUBJECT TO A FEDERAL TAX LIEN THAT MAY NOT BE EXTINGUISHED BY 5,399
130
THE SALE. 5,401
...................... 5,402
(officer)" 5,404
(C) If the proceedings for foreclosure were instituted 5,406
under division (C) of section 5721.18 of the Revised Code, then 5,407
the form of the advertisement of sale as described in division 5,408
(A) of this section additionally shall include the following 5,409
statement in boldface type: 5,410
"Public notice is hereby given that (insert here the 5,412
description of each relevant parcel) to be sold at public auction 5,413
will be sold subject to all liens and encumbrances with respect 5,414
to the parcel, other than the liens for land taxes, assessments, 5,415
charges, penalties, and interest for which the lien was 5,416
foreclosed and in satisfaction of which the property is sold. 5,418
...................... 5,419
(officer)" 5,421
Sec. 5901.29. The funeral director employed to perform the 5,430
service described by section 5901.25 of the Revised Code shall 5,431
use the blanks provided by this section, specifying what the 5,432
funeral director is to furnish for the service. The contract 5,434
shall be signed by the funeral director and a copy thereof left 5,435
with the veterans service commission with which it is made. Such 5,436
contract shall read as follows: 5,437
"I ................, funeral director, residing at 5,439
................. hereby agree to furnish the following items for 5,440
the burial or cremation (circle one) of ..............., who 5,441
resided at ..................., and died ............... 5,442
19,........., which shall consist of: 5,444
(A) One casket, nicely covered with a good quality of 5,446
black cloth, lined with a good quality of white satin or other 5,447
material, and trimmed on the outside with handles of a fair 5,448
quality in keeping with the casket; 5,449
(B) One burial robe of a good quality of material; 5,451
(C) One plain box appropriate for receiving the coffin or 5,453
131
urn containing cremated remains inside the grave; 5,454
(D) Payment for digging the grave, in the place designated 5,456
by the friends of the deceased or as otherwise provided, and for 5,457
filling the grave in a proper manner; 5,458
(E) Furnishing a funeral car for conveying the remains to 5,460
the place of burial or crematory; 5,461
(F) Preparing the body for burial when so requested; 5,463
(G) Furnishing necessary transportation for the use of the 5,465
family, friends, and pallbearers, which people shall be returned 5,466
to their respective homes or to the place where the funeral 5,467
services were held; 5,468
(H) Furnishing a decent, respectable funeral, for the sum 5,470
of ...... dollars." 5,471
Sec. 5907.08. When a resident of the Ohio veterans' home 5,480
becomes insane, the commandant shall file with the probate judge 5,481
of the county in which the home is located substantially the 5,483
following affidavit: The
"THE State of Ohio,.......... county, ss. ..........., 5,486
commandant of the Ohio veterans' home, being duly sworn, says 5,487
that he THE COMMANDANT believes that ............, a resident 5,488
thereof OF THE HOME, is insane; that, in consequence of his THE 5,489
RESIDENT'S insanity, his THE RESIDENT'S being at large is 5,490
dangerous to the community, and that he THE RESIDENT was received 5,491
into the home from ............ county, on the ...... day of 5,493
........., 19.....
....................A.B." 5,495
Sec. 5919.10. All men PERSONS enlisting in the Ohio 5,504
national guard shall sign an enlistment contract and subscribe to 5,506
the following oath of enlistment: " 5,507
"I do hereby acknowledge to have voluntarily enlisted this 5,510
...... day of ......, 19..., as a soldier in the national guard 5,511
of the United States and of the state of Ohio, for the period of 5,512
...... year ......, under the conditions prescribed by law, 5,513
unless sooner discharged by proper authority. And I do solemnly 5,514
132
swear that I will bear true faith and allegiance to the United 5,515
States of America and to the state of Ohio, and that I will serve 5,516
them honestly and faithfully against all their enemies
whomsoever, and that I will obey the orders of the president of 5,517
the United States and of the governor of the state of Ohio, and 5,518
of the officers appointed over me according to law and the 5,519
regulations and uniform code of military justice." This 5,520
THIS section shall not apply to personnel transferred or 5,523
assigned to the Ohio national guard under the laws and 5,524
regulations of the United States. 5,525
Sec. 5920.08. All persons enlisted in the Ohio military 5,534
reserve shall sign an enlistment contract and take and subscribe 5,535
to an oath of enlistment as follows: 5,536
"I do hereby acknowledge to have voluntarily enlisted 5,538
this..................day of..............................., 5,540
19........., as a member of the Ohio military reserve for a 5,541
period of three years, under the conditions prescribed by law, 5,542
unless sooner discharged by proper authority. And I do solemnly
swear that I will bear true faith and allegiance to the United 5,543
States of America and to the state of Ohio; that I will serve 5,544
them honestly and faithfully against all their enemies 5,545
whomsoever; and that I will obey the orders of the governor of 5,546
the state of Ohio and of the officers appointed over me according
to law and the rules and regulations in accordance therewith." 5,548
Sec. 5921.05. Enlisted members shall be enlisted according 5,557
to regulations prescribed by the department of the navy for the 5,558
governing of similar naval organizations. 5,559
All persons enlisted in the Ohio naval militia shall sign 5,561
an enlistment contract and take and subscribe to an oath of 5,562
enlistment as follows:
"I do hereby acknowledge to have voluntarily enlisted this 5,564
............... day of ..............., 19.........., as a member 5,565
of the Ohio naval militia for a period of three years, under the 5,567
conditions prescribed by law, unless sooner discharged by proper 5,568
133
authority. And I do solemnly swear that I will bear true faith 5,569
and allegiance to the United States of America and to the state
of Ohio; that I will serve them honestly and faithfully against 5,570
all their enemies whomsoever; and that I will obey the orders of 5,571
the governor of the state of Ohio and of the officers appointed 5,572
over me according to law and the rules in accordance therewith." 5,573
Sec. 6101.84. The following forms illustrate the character 5,582
of the procedure contemplated by sections 6101.01 to 6101.84 of 5,583
the Revised Code THIS CHAPTER, and, if substantially complied 5,585
with, those things being changed which should be changed to meet 5,586
the requirements of the particular case, such procedure shall be 5,587
held to meet the requirements of such sections THIS CHAPTER. 5,588
(A) Form of Notice of Hearing on the Petition: 5,590
"To all Persons and Public Corporations Interested: 5,592
Public Notice is Hereby Given: 5,594
(1) That on the ...... day of .........., 19...., pursuant 5,596
to the Conservancy Law of Ohio, there was filed in the office of 5,597
the Clerk of the Court of Common Pleas of ........... County, 5,598
Ohio, the petition of ............ and others for the 5,599
establishment of a Conservancy District to be known as .......... 5,600
Conservancy District. 5,601
(Here insert the purposes) 5,603
(2) That the lands sought to be included in said District 5,605
comprise lands in .......... and .......... Counties, Ohio, 5,606
described substantially as follows: 5,607
Beginning on the north line of .......... County at its 5,609
point of intersection with the west bank of the .......... River; 5,610
thence west along the north line of .......... County to the high 5,611
bluffs facing said .......... River on the west; thence following 5,612
the base of the line of said bluffs to the north line of the 5,613
right of way of the .......... Railroad; thence west along the 5,614
north right of way line of said Railroad to the center line of 5,615
........... Avenue in the Village of ..........; thence south 5,616
along the center line of .......... Avenue to the .......... 5,617
134
Pike; thence southeasterly along the .......... Pike to the 5,618
southeasterly line of the right of way of the .......... 5,619
Railroad; thence southeasterly along said right of way line to 5,620
the corporate limits of the City of ..........; thence with said 5,621
corporation line southerly, easterly, and northerly to the 5,622
southerly right of way line of the main track of the .......... 5,623
Railroad; thence easterly along said last named right of way line 5,624
to the boundary line between .......... Counties; thence north 5,625
along said County line to the southerly line of .......... 5,626
County; thence easterly along the dividing line between 5,627
.......... Counties to the easterly line of the right of way of 5,628
the .......... Railroad; thence northerly along said right of way 5,629
line to its intersection with the .......... Pike; thence 5,630
westerly along said Pike to the center line of the bridge over 5,631
.......... Creek; thence up said Creek and along the center line 5,632
thereof to the north line of .......... County; thence west to 5,633
the place of beginning. 5,634
Or, if found more convenient, the lands sought to be 5,636
included in the District may be described as follows: 5,637
All of Township .......... in Range ...... between the 5,639
.......... Railroad and the .......... River; the following lands 5,640
in .......... Township and ...... Range; Section ...... and the 5,641
...... half of Section ......; also all lands within the 5,642
corporate limits of the City of .......... etc. 5,643
(3) That a public hearing on said petition will be had in 5,645
said Court on ....... the ...... day of ........, ...., at the 5,646
hour of ...... o'clock .....M. by the Court of Common Pleas of 5,647
.......... County, at the Courthouse in the City of .......... 5,648
County, Ohio.
All persons and public corporations interested will be 5,650
given the opportunity to be heard at the time and place above 5,651
specified. 5,652
................................... 5,654
Clerk of the Court of Common Pleas 5,655
135
of .................. County, Ohio. 5,656
Dated .........., Ohio, .............., 19...." 5,659
(B) Form of Finding on Hearing: 5,661
"State of Ohio, ) 5,663
) ss. 5,664
.......... County ) 5,665
In the Court of Common Pleas of .......... County. In 5,667
Matter of .......... Conservancy District: 5,668
FINDINGS AND DECREE ON HEARING 5,669
On this ...... day of ........, 19...., this cause coming 5,671
on for hearing upon the petition of .......... and others, for 5,672
the organization of a Conservancy District under the Conservancy 5,673
Law of Ohio, the Court, after a full hearing now here finds: 5,674
(1) That it has jurisdiction of the parties to and the 5,676
subject matter of this proceeding. 5,677
(2) That the purposes for which said District is 5,679
established are: 5,680
(Insert the purposes) 5,681
And that it is a public necessity. 5,683
(3) That the public safety, health, convenience, and 5,685
welfare will be promoted by the organization of a Conservancy 5,686
District substantially as prayed in said petition (if additional 5,687
lands are added by petition) except, that the following 5,688
additional lands at the petition of the owners thereof should be 5,689
and hereby are included in said District: 5,690
(Here insert additional lands) 5,691
(4) That the boundaries of said District as modified by 5,693
the last finding herein are as follows: (Here insert corrected 5,694
boundaries of district) 5,695
(5) That the said territory last above described should be 5,697
erected into and created a Conservancy District under the 5,698
Conservancy Law of Ohio under the corporate name of ............ 5,699
Conservancy District. 5,700
Wherefore, it is by the Court ordered, adjudged, and 5,702
136
decreed: 5,703
That the territory as above described be, and the same 5,705
hereby is erected into and created a Conservancy District under 5,706
the Conservancy Law of Ohio under the corporate name of ......... 5,707
Conservancy District, with its office or principal place of 5,708
business at .........., in .......... County, Ohio. (If 5,709
directors are appointed at the same time) And the following 5,710
persons are hereby appointed directors of said Conservancy 5,711
District: 5,712
..............., for the term of three years, 5,714
..............., for the term of four years (if the 5,716
district includes all or parts of more than sixteen counties), 5,717
..............., for the term of five years, 5,719
..............., for the term of six years (if the district 5,721
includes all or parts of more than sixteen counties), 5,722
..............., for the term of seven years, who are 5,724
hereby directed to qualify and proceed according to law. 5,725
(6) For consideration of other matters herein, this cause 5,727
is retained on the docket. 5,728
.............................. 5,729
Judge" 5,730
(C) Form of Notice to Persons and Public Corporations to 5,733
pay Assessment: 5,734
"To all Persons and Public Corporations Interested: 5,736
Public Notice is Hereby Given: 5,738
(1) That on the ...... day of ........, 19...., the Board 5,740
of Directors of The .......... Conservancy District duly levied 5,741
an assessment upon all the benefited property and public 5,742
corporations in said District in the aggregate sum of $........., 5,743
has caused the same to be recorded upon the Assessment Record of 5,744
said District, and that said Assessment Record is now on file in 5,745
the office of the District at ............ 5,746
(2) That the assessment against any parcel of land or any 5,748
public corporation may be paid to the Treasurer of The .......... 5,749
137
Conservancy District at any time on or prior to .........., 19 5,750
...., without costs and without interest, and if so paid a 5,752
discount of ten per cent of the assessment will be allowed 5,753
according to law.
(3) That as soon after the ..... day of ........, 19...., 5,755
as conveniently may be, the Board of Directors of said District 5,756
will divide the uncollected assessment into convenient 5,757
installments, provide for the collection of interest on the 5,758
unpaid installments, and will issue bonds bearing interest not 5,759
exceeding the rate provided in section 9.95 of the Revised Code 5,760
in anticipation of the collection of the several installments of 5,761
said assessment pursuant to the Conservancy Law of Ohio. 5,762
.............................. 5,763
President 5,765
.............................. 5,767
Secretary" 5,769
(D) Form of Bond and of Coupon: 5,772
(Form of Bond) 5,773
"No. ......................... $ ............................ 5,775
UNITED STATES OF AMERICA 5,778
State of Ohio 5,779
............. Conservancy District. 5,780
Conservancy Bond. 5,781
Know all Men PERSONS by These Presents that ........... 5,783
Conservancy District, a legally organized Conservancy District of 5,784
the State of Ohio, acknowledges itself to owe and for value 5,785
received hereby promises to pay to bearer ........ Dollars 5,786
($........) on the first day of ........, 19...., with interest 5,787
thereon from the date hereof until paid at the rate of ...... per 5,788
cent per annum, payable ........, 19...., and semiannually 5,789
thereafter on the first day of ........ and of ........ in each 5,790
year on presentation and surrender of the annexed interest 5,791
coupons as they severally become due. Both principal and 5,792
interest of this bond are hereby made payable in lawful money of 5,793
138
the United States of America, at the office of the Treasurer of 5,794
State, in the City of Columbus, Ohio. 5,795
This bond is one of a series of bonds issued by ........... 5,797
Conservancy District for the purpose of paying the cost of 5,798
constructing a system of flood prevention (or for the other 5,799
works) for said District and in anticipation of the collection of 5,800
the several installments of an assessment duly levied upon lands 5,801
and public corporations within said District and benefited by 5,802
said improvement in strict compliance with the Conservancy Law of 5,803
Ohio, and pursuant to an order of the Board of Directors of said 5,804
District duly made and entered of record. 5,805
And it is hereby certified and recited that all acts, 5,807
conditions, and things required to be done in locating and 5,808
establishing said District and in equalizing appraisals of 5,809
benefits and in levying assessments against lands and public 5,810
corporations benefited thereby, and in authorizing, executing, 5,811
and issuing this bond, have been legally had, done, and performed 5,812
in due form of law; that the total amount of bonds issued by said 5,813
District does not exceed ninety per cent of the assessments so 5,814
levied and unpaid at the time said bonds are issued or any legal 5,815
limitation thereof. 5,816
And for the performance of all the covenants and 5,818
stipulations of this bond and of the duties imposed by law upon 5,819
said District for the collection of the principal and interest of 5,820
said assessments and the application thereof to the payment of 5,821
this bond and the interest thereon, and for the levying of such 5,822
other and further assessments as are authorized by law and as may 5,823
be required for the prompt payment of this bond and the interest 5,824
thereon, the full faith, credit, and resources of said .......... 5,825
Conservancy District are hereby irrevocably pledged. 5,826
In Testimony Whereof the Board of Directors of ............ 5,828
Conservancy District has caused this bond to be signed by its 5,829
President and sealed with the corporate seal of said District, 5,830
attested by its Secretary, and registered by the Treasurer of 5,831
139
State, and the coupons hereto annexed to be executed by the 5,832
facsimile signatures of said President and Secretary, as of the 5,833
............ day of ................, 19..... 5,834
.............................. 5,835
President 5,836
Attest: 5,837
........................ 5,838
Secretary" 5,840
(Form of Coupon) 5,842
"$....................... 5,844
(..........) 5,846
On the first day of ( ) 19,.... 5,847
(..........) 5,848
.................... Conservancy District promises to pay 5,850
to bearer ................ Dollars ($..........) lawful money of 5,851
the United States of America, at the office of the Treasurer of 5,852
State, Columbus, Ohio, being semiannual interest due on that date 5,853
on its Conservancy Bond dated ................, 19..... 5,854
.............................. 5,855
President 5,856
No. .................... 5,859
........................ 5,861
Secretary" 5,863
(E) Form of Notice of Enlargement of District: 5,865
"State of Ohio, ) 5,867
) ss. 5,868
County of ............. ) 5,869
In the Court of Common Pleas, 5,871
................ County, Ohio. 5,873
In the Matter of 5,875
.................. Conservancy District 5,877
NOTICE OF ENLARGEMENT OF DISTRICT 5,879
To All Persons (and Public Corporations, if any) 5,881
Interested:
140
Public Notice Is Hereby Given: 5,883
(1) That heretofore on the ...... day of .........., 5,886
19...., the Court of Common Pleas of ................ County,
Ohio, duly entered a final decree erecting and creating 5,887
................ Conservancy District and appointing a Board of 5,888
Directors therefor. 5,889
(2) That thereafter this Court duly appointed 5,891
........................ 5,893
........................ 5,895
........................ 5,897
........................ (if the district includes all or 5,899
parts of more than sixteen counties) 5,900
........................ (if the district includes all or 5,902
parts of more than sixteen counties) 5,903
to be the Board of Appraisers for said District. That said 5,905
Board of Appraisers on the ........ day of ............, 19...., 5,906
filed its report recommending that the following described lands, 5,908
not originally included in the District, be added thereto: 5,909
(Here describe generally the lands which the Report of the 5,911
Board of Appraisers recommends should be added to the District). 5,912
(3) That on ........, the ........ day of .............., 5,914
19...., (or as soon thereafter as the convenience of the Court 5,915
will permit), at the Courthouse in ............ of 5,916
.............., Ohio, the Court of Common Pleas of 5,917
.................. County, Ohio, will hear all persons and public 5,918
corporations interested upon the question whether said lands 5,919
should be added to and included in said .................... 5,920
Conservancy District. 5,921
................................... 5,922
Clerk of the Court of Common Pleas 5,923
of ........................ County,
Ohio" 5,924
(F) Form of Notice of Hearing on Appraisals: 5,927
"State of Ohio, ) 5,929
141
) ss. 5,930
County of .............. ) 5,931
In the Court of Common Pleas, ........... County, Ohio. 5,933
In the Matter of ) 5,935
) 5,936
......... Conservancy District ) 5,937
NOTICE OF HEARING ON APPRAISALS 5,939
To all Persons and Public Corporations Interested: 5,941
Public Notice Is Hereby Given: 5,943
(1) That heretofore on the ........ day of ............., 5,945
19...., the Court of Common Pleas of ................ County, 5,946
Ohio, duly entered a decree erecting and creating ............... 5,947
Conservancy District and appointing a Board of Directors 5,948
therefor. 5,949
(2) That thereafter this Court duly appointed 5,951
................................................................. 5,952
the Board of Appraisers for said District. That said Board of 5,953
Appraisers on the ........ day of ................, 19...., filed 5,954
its Appraisals of Benefits and Damages and of land to be taken as 5,955
follows: (Here insert general description of land appraised) 5,956
The said appraisal of benefits and damages and of land to 5,958
be taken is now on file in the office of the clerk of this court. 5,959
(3) All public corporations and all persons, owners of or 5,961
interested in the property described in said Report, whether as 5,962
benefited property or as property taken and damaged (whether said 5,963
taken or damaged property lies within or without said District), 5,964
desiring to contest the appraisals as made and returned by the 5,965
Board of Appraisers, must file their objections in said court on 5,966
or before the ........ day of ................, 19...., (here 5,967
insert a date thirty days after the last publication of the 5,968
notice) and a hearing on said appraisal will be had on the 5,969
........ day of ................, 19...., (here insert a date not 5,970
less than forty, nor more than fifty, days after the date of the 5,971
last publication of this notice, as fixed by the court) in the 5,972
142
City of .................., Ohio, at which time an opportunity 5,973
will be afforded all objectors to be heard upon their several 5,974
objections. 5,975
................................... 5,977
Clerk of the Court of Common Pleas 5,979
of ................... County, Ohio
Dated at the City of .................., Ohio, this ....... 5,982
day of .................., 19....." 5,983
(G) Form of Certificate of Assessment Record: 5,985
"This is to Certify: 5,987
(1) That on the ........ day of ................, 19...., 5,989
the Board of Directors of The .................. Conservancy 5,990
District duly levied an assessment upon all the benefited 5,991
property and public corporations in said District in the 5,992
aggregate sum of $............, together with interest, and duly 5,993
apportioned said assessment to and levied said assessment upon 5,994
each tract of land or other property and each public corporation 5,995
in said District in proportion to the benefits thereto. 5,996
(2) That the said assessment and the apportionment thereof 5,998
upon the benefited lands and public corporations have been 5,999
recorded in the Conservancy Assessment Record of The 6,000
.................. Conservancy District which contains in tabular 6,001
form notation of the items of property and the public 6,002
corporations to which benefits have been appraised, the total 6,003
amount of benefits appraised against each item or public 6,004
corporation and the total assessment levied against each item or 6,005
public corporation.
(3) That the Conservancy Assessment Record of The 6,007
................ Conservancy District contains a true and correct 6,008
record of the benefits approved and confirmed by the Court and of 6,009
the assessment levied by the Board of Directors thereof on 6,010
........ day of ............, 19..... 6,011
IN WITNESS WHEREOF, the President and Secretary, 6,013
respectively, of the Board of Directors of The ................ 6,014
143
Conservancy District have hereunto set their hands and the 6,015
corporate seal of the said District this ........ day of 6,016
............, 19..... 6,017
................................... 6,018
President 6,019
................................... 6,020
Secretary" 6,021
(H) Form of Certificate of Annual Levy: 6,023
"This is to Certify: 6,025
(1) That on the ........ day of ............, 19...., the 6,027
Board of Directors of The ................ Conservancy District 6,028
determined, ordered, and levied the Annual Levy of 19.... (YEAR) 6,030
upon all the benefited property and public corporations in said 6,031
District in the aggregate sum of $................ for the 6,032
account of the Bond Retirement Fund of said District and pursuant 6,033
to and being a part of assessments heretofore levied. 6,034
(2) That the said Board of Directors has duly apportioned 6,036
said Annual Levy to all of the benefited properties and public 6,037
corporations in said District and that the respective amounts of 6,038
said Annual Levy imposed upon the benefited properties and public 6,039
corporations have been recorded in the Conservancy Assessment 6,040
Book of The ................ Conservancy District, which contains 6,041
a schedule thereof. 6,042
(3) That on the ........ day of ............, 19...., the 6,044
Board of Directors of The ................ Conservancy District 6,045
duly levied a maintenance assessment for the year 19...., in the 6,046
aggregate sum of $............ for the account of the Maintenance 6,047
Fund of said District. That said maintenance assessment has been 6,048
duly apportioned to the benefited properties and public 6,049
corporations in said District in proportion to benefits and that 6,050
the amounts of said maintenance assessment imposed upon the 6,051
properties and public corporations in said District have been 6,052
recorded in the Conservancy Assessment Book of The 6,053
................ Conservancy District. 6,054
144
(4) That the Conservancy Assessment Book contains a true 6,056
and correct record of the Annual Levy of 19.... (YEAR) and of the 6,058
maintenance assessment for the year 19.... as determined, 6,059
ordered, and levied by the Board of Directors of The 6,060
................. Conservancy District on the ........ day of 6,061
............, 19..... 6,062
(5) That the said amounts of said Annual Levy and of said 6,064
maintenance assessment shall be collectible and payable in the 6,065
year 19.... in the sums specified at the same time that the state 6,066
and county taxes are due and collectibel COLLECTIBLE. 6,067
IN WITNESS WHEREOF, the President and Secretary, 6,069
respectively, of the Board of Directors of the ................ 6,070
Conservancy District have hereunto set their hands and the 6,071
corporate seal of this said District this ........ day of 6,072
............, 19..... 6,073
................................... 6,074
President 6,075
................................... 6,076
Secretary" 6,077
Sec. 6115.79. The following forms illustrate the character 6,086
of the procedure contemplated by this chapter, and if 6,087
substantially complied with, those things being changed which 6,088
should be changed to meet the requirements of the particular 6,089
case, such procedure shall be held to meet the requirements of 6,090
such sections THIS CHAPTER. 6,091
(A) Form of Notice of Hearing on the Petition: 6,093
"To All Persons Interested: 6,095
Public Notice is Hereby Given: 6,097
(1) That on the .......... day of .............., 19...., 6,099
pursuant to The Sanitary District Law of Ohio, there was filed in 6,100
the office of the Clerk of the Court of Common Pleas of 6,101
............. County, Ohio, the petition of 6,102
...................... and others for the establishment of a 6,103
Sanitary District to be known as .................... Sanitary 6,104
145
District. (Here insert the purposes.) 6,105
(2) That the lands sought to be included in the District 6,107
comprise lands in .................. and .................. 6,108
Counties, Ohio, described substantially as follows: 6,109
Beginning on the north line of ...................... 6,111
County at its point of intersection with the west bank of the 6,112
............ River; thence west along the north line of 6,113
............ County to the high bluffs facing the ............ 6,114
River on the west; thence following the base of the line of said 6,115
bluffs to the north line of the right-of-way of the 6,116
...................... Railroad; thence west along the north 6,117
right-of-way line of the Railroad to the center line of 6,118
................ Avenue in the Village of ..................; 6,119
thence south along the center line of ................ Avenue to 6,120
the ................ Pike; thence southeasterly along the 6,121
................ Pike to the southeasterly line of the 6,122
right-of-way of the ................ Railroad; thence 6,123
southeasterly along the right-of-way line to the corporate limits 6,124
of the City of ................; thence with the corporation line 6,125
southerly, easterly, and northerly to the southerly right-of-way 6,126
line of the main track of the ................ Railroad; thence 6,127
easterly along the last named right-of-way line to the boundary 6,128
line between ................ Counties; thence north along the 6,129
County line to the southerly line of ................. County; 6,130
thence easterly along the dividing line between ................ 6,131
Counties to the easterly line of the right-of-way of the 6,132
................ Railroad; thence northerly along the 6,133
right-of-way line to its intersection with the ................ 6,134
Pike; thence westerly along the Pike to the center line of the 6,135
bridge over ................ Creek; thence up the Creek and along 6,136
the center line thereof to the north line of .............. 6,137
County; thence west to the place of beginning. 6,138
Or, if found more convenient, the lands sought to be 6,140
included in the District may be described as follows: 6,141
146
All of Township ................ in Range ................ 6,143
between the ................ Railroad and the .................. 6,144
River; the following lands in .......... Township and ........... 6,145
Range; Section .......... and the ................ half of 6,146
Section ................; also all lands within the corporate 6,147
limits of the City of .................. etc. 6,148
(3) That a public hearing on the petition will be had in 6,150
said Court on .......... the ............ day of ............, 6,151
...., at the hour of ........ o'clock ......M. by the Court of 6,152
Common Pleas of .................... County, at the Courthouse in 6,153
the City of .................., .................. County, Ohio. 6,154
All persons and public corporations owning or interested in 6,156
real estate within the territory hereinbefore described will be 6,157
given the opportunity to be heard at the time and place above 6,158
specified. 6,160
............................................... 6,161
Clerk of the Court of Common Pleas of ......... 6,163
County, Ohio. 6,165
Dated ................, Ohio, ................, 19...." 6,167
(B) Form of Finding on Hearing: 6,169
"State of Ohio, ) 6,171
) ss. 6,173
.................... County ) 6,175
In the Court of Common Pleas ............ County. In 6,177
IN THE Matter of ................ 6,179
................ Sanitary District: 6,181
FINDINGS AND DECREE ON HEARING. 6,183
On this ............ day of ................, 19...., this 6,185
cause coming on for hearing on the petition of .............. and 6,187
others, for the organization of a Sanitary District under the
Sanitary District Law of Ohio, the Court, after a full hearing 6,188
now here finds: 6,189
(1) That it has jurisdiction of the parties to and the 6,191
subject matter of this proceeding. 6,192
147
(2) That the purposes for which said District is 6,194
established are: 6,195
(Insert the purposes.) 6,197
And that it is a public necessity. 6,199
(3) That the public safety, health, convenience, and 6,201
welfare will be promoted by the organization of a Sanitary 6,202
District substantially as prayed in the petition (if additional 6,203
lands are added by petition), except that the following 6,204
additional lands at the petition of the owners thereof should be 6,205
and hereby are included in the District: 6,206
(Here insert additional lands.) 6,208
(4) That the boundaries of the District as modified by the 6,210
last finding herein are as follows: 6,211
(Here insert corrected boundaries of district.) 6,212
(5) That the territory last above described should be 6,214
erected into and created a Sanitary District under the Sanitary 6,215
District Law of Ohio under the corporate name of ................ 6,216
Sanitary District. 6,217
Wherefore, it is by the Court ordered, adjudged, and 6,219
decreed: 6,220
That the territory as above described be, and the same 6,222
hereby is erected into and created a Sanitary District under the 6,223
Sanitary District Law of Ohio under the corporate name of 6,224
................ Sanitary District, with its office or principal 6,225
place of business at ................, in ................ 6,226
County, Ohio. (If directors are appointed at the same time.) And 6,227
the following persons are hereby appointed directors of the 6,228
Sanitary District: 6,229
................ for the term of three years, 6,231
................ for the term of five years, 6,233
................ for the term of seven years, 6,235
who are hereby directed to qualify and proceed according to law. 6,237
(6) For consideration of other matters herein, this cause 6,239
is retained on the docket. 6,241
148
............................ Judge." 6,242
(C) Form of Notice to Property Owners to Pay Assessment: 6,244
".................. Sanitary District. 6,246
To All Persons Interested: 6,248
Public Notice is Hereby Given: 6,250
(1) That on the ................ day of ................, 6,252
19...., the Board of Directors of ................ Sanitary 6,253
District duly levied for the account of the Bond Fund of said 6,254
District an assessment upon all the property in the District in 6,255
the aggregate sum of $................, has caused the same to be 6,256
extended upon the assessment duplicate of said District, and that 6,257
the assessment duplicate is now in process of collection by the 6,258
County Treasurer of the County in which the lands are situated. 6,259
(2) That the entire assessment against any parcel of land 6,261
may be paid at any time on or prior to ................, 19...., 6,262
without costs and without interest. 6,263
(3) That as soon after the ........ day of .............., 6,265
19...., as conveniently may be, the Board of Directors of the 6,266
District will divide the uncollected portion of the assessment 6,267
into convenient installments and will issue bonds bearing 6,268
interest not exceeding the rate provided in section 9.95 of the 6,269
Revised Code in anticipation of the collection of the several 6,270
installments of said assessment, pursuant to the Sanitary 6,271
District Law of Ohio. 6,273
................................ 6,274
President. 6,276
................................ 6,278
Secretary." 6,280
(D) Form of Notice of Enlargement of District: 6,282
"State of Ohio, ) 6,284
) ss. 6,286
County of ................... ) 6,289
In the Court of Common Pleas 6,290
............... County, Ohio 6,292
149
In the Matter of 6,294
............... Sanitary District: 6,296
NOTICE OF ENLARGEMENT OF DISTRICT. 6,298
NOTICE OF ENLARGEMENT OF DISTRICT. 6,300
To All Persons (and Public Corporations, if any) 6,302
Interested: Public 6,304
PUBLIC Notice is Hereby Given: 6,305
(1) That heretofore on the ...... day of ............., 6,308
19..., the Court of Common Pleas of ......... County, Ohio, duly
entered a final decree erecting and creating ................... 6,309
Sanitary District and appointing a Board of Directors therefor. 6,310
(2) That thereafter this Court duly appointed 6,313
........................ 6,314
........................ 6,316
........................ 6,318
to be the Board of Appraisers for said District. That the Board 6,320
of Appraisers on the ..... day of .........., 19...., filed its 6,321
report recommending that the following described lands, not 6,322
originally included in the District, be added thereto: (Here 6,324
describe generally the lands which the Report of the Board of 6,325
Appraisers recommends should be added to the District.)
(3) That on ........., the ....... day of ..............., 6,327
19...., (or as soon thereafter as the convenience of the Court 6,328
will permit), at the Courthouse in ......... of ................, 6,329
Ohio, the Court of Common Pleas of .......... County, Ohio, will 6,330
hear all persons and public corporations, who are owners of or 6,331
interested in the property described in this notice upon the 6,332
question whether the lands should be added to and included in the 6,333
................ Sanitary District. 6,335
..................................... 6,336
Clerk of the Court of Common Pleas of 6,338
........................ County, Ohio" 6,340
(E) Form of Notice of Hearing on Appraisals: 6,342
"State of Ohio, ) 6,344
150
) ss. 6,346
County of ..................... ) 6,349
In the Court of Common Pleas 6,350
............... County, Ohio 6,352
In the matter of 6,354
"......................." SANITARY DISTRICT: 6,357
Sanitary District 6,359
NOTICE OF HEARING ON APPRAISALS. 6,361
To All Persons and Public Corporations Interested: 6,363
Public Notice is Hereby Given: 6,365
(1) That heretofore on the ...... day of ........., 19..., 6,367
the Court of Common Pleas of ........... County, Ohio, duly 6,368
entered a decree, erecting and creating ............... Sanitary 6,369
District and appointing a Board of Directors therefor. 6,370
(2) That thereafter this Court duly appointed 6,373
............................. 6,374
............................. 6,376
............................. 6,378
the Board of Appraisers for said District. That the Board of 6,380
Appraisers on the ...... day of ............, 19...., filed its 6,381
Appraisal of Benefits and Damages and of land to be taken as 6,382
follows: (Here insert general description of land appraised.) 6,383
The appraisal of benefits and damages and of land to be 6,385
taken is now on file in the office of the clerk of this court. 6,386
(3) All public corporations and all persons, owners of or 6,388
interested in the property described in the Report, whether as 6,389
benefited property or as property taken and damaged (whether the 6,390
taken or damaged property lies within or without the District), 6,391
desiring to contest the appraisals as made and returned by the 6,392
Board of Appraisers, must file their objections in the court on 6,393
or before the ...... day of .........., 19...., (here insert a 6,394
date ten (10) days after the last publication of the notice) and 6,395
a hearing on the appraisal will be had on the ..... day of 6,396
........., 19...., (here insert a date not less than twenty (20), 6,397
151
nor more than thirty (30), days after the date of the last 6,398
publication of this notice, as fixed by the court) in the City of 6,399
............, Ohio, at which time an opportunity will be afforded 6,400
all objectors to be heard upon their several objections. 6,401
............................. .................................. 6,405
Clerk of the Court of Common Pleas 6,407
of ................ County, Ohio. 6,409
Dated at the City of ............, Ohio, this ...... day of 6,411
..............., 19....." 6,412
(F) Form of Certificate of Levy of Assessments: 6,414
"State of Ohio, ) 6,416
) ss. 6,418
County of .................. ) 6,420
To the Auditor of ................. County, Ohio: 6,422
This is to certify that by virtue and under the authority 6,424
of the Sanitary District Law of Ohio, the Board of Directors of 6,425
............ Sanitary District have and do hereby levy the sum of 6,426
............ Dollars for the account of the Bond Fund of said 6,427
District, which assessment bears interest as provided by law and 6,428
is payable in installments as follows: (Here insert.) 6,429
You are further notified that for the account of the 6,431
Maintenance Fund for the year 19....., this Board has levied the 6,432
sum of ............ Dollars. 6,433
The amounts of the levies upon the several parcels of land 6,435
upon which the same are imposed are set forth upon the schedule 6,436
hereunto attached, marked ............ Sanitary District 6,437
Assessment Book. The assessments shall be collectible and 6,438
payable the present year in the sums therein specified at the 6,439
same time that the state and county taxes are due and 6,440
collectible, and you are directed and ordered to require the 6,441
Treasurer of ........ County, Ohio, to demand and collect such 6,442
assessments at the time that he THE TREASURER demands and 6,443
collects the state and county taxes due on the same lands, and 6,445
this Sanitary District Assessment Book shall be your authority 6,446
152
and the authority of the Treasurer to make such collection. 6,447
Witness the signature of the President of the Board of 6,449
Directors, attested by the seal of said corporation, and the 6,450
signature of its Secretary, this ..... day of .........., 19.... 6,452
.......................... 6,453
President. 6,455
.......................... 6,457
Secretary." 6,459
Section 2. That existing sections 101.53, 153.571, 6,461
317.113, 317.24, 981.02, 1311.56, 2715.041, 2737.05, 2935.17, 6,462
2935.18, 2935.19, 2941.06, 3113.215, 3501.31, 3509.04, 3513.07, 6,463
3513.261, 3517.10, 3517.102, 3517.103, 3517.154, 3517.155, 6,464
3517.992, 3769.04, 4561.25, 4703.10, 5309.15, 5721.15, 5721.181, 6,465
5721.191, 5901.29, 5907.08, 5919.10, 5920.08, 5921.05, 6101.84, 6,466
and 6115.79 of the Revised Code are hereby repealed. 6,467
Section 3. Notwithstanding section 101.53 of the Revised 6,470
Code as amended by this act, or any rule adopted pursuant 6,471
thereto, bills for the 123rd General Assembly are to continue to 6,473
be prepared as directed in Joint Rule 14.
Section 4. The Legislative Service Commission, under 6,475
section 101.53 of the Revised Code as amended by this act, first 6,476
shall direct how insertion of new matter and omission of old 6,477
matter is to be indicated with respect to bills prepared for the 6,478
124th General Assembly. Joint Rule 14 does not apply to the 6,479
preparation of bills for the 124th General Assembly insofar as it 6,480
is incompatible with section 101.53 of the Revised Code as 6,481
amended by this act or with any rule the Legislative Service 6,482
Commission adopts under that section. 6,483
Section 5. The versions of sections 3517.10, 3517.102, 6,485
3517.103, 3517.154, 3517.155, and 3517.992 of the Revised Code 6,486
that are scheduled to take effect January 1, 2000, are hereby 6,487
repealed. This repeal is intended to permit continued operation 6,488
of sections 3517.10, 3517.102, 3517.103, 3517.154, 3517.155, and 6,489
3517.992 of the Revised Code as they result from Sections 1 and 2 6,490
153
of this act.
Section 6. That Section 7 of Am. Sub. S.B. 116 of the 6,492
122nd General Assembly is hereby repealed. The intent of this 6,493
section is to remove the limitation imposed by the repeal of 6,494
section 3517.1010 of the Revised Code in Section 7 of that act 6,495
upon the continued existence of section 3517.1010 of the Revised 6,496
Code on and after the effective date of this act. The intent of 6,498
this section is not affected by the rule of construction
contained in section 1.57 of the Revised Code. 6,499
Section 7. This act is hereby declared to be an emergency 6,502
measure necessary for the immediate preservation of the public 6,503
peace, health, and safety. The reasons for the necessity lie in 6,504
the fact that fixing legislative drafting forms by rule promises 6,505
to simplify the formalities of legislative drafting, improve 6,506
engrossing efficiency, reduce engrossing error, and improve the 6,507
readability of bills and acts, and in the fact that numerous 6,509
statutorily created forms, including, but not limited to, forms 6,510
pertaining to elections, calculation of child support 6,511
obligations, and tax foreclosure and forfeiture proceedings, 6,512
contain references to "19..." dates that soon will be
inappropriate with the dawn of a new millenium and that immediate 6,513
action is required in order to maintain current provisions of the 6,514
campaign finance reporting law enacted by Am. Sub. S.B. 116 of 6,515
the 122nd General Assembly pertaining to the use of personal funs 6,516
and carry-in contribution limits that otherwise will be repealed 6,517
on January 1, 2000, if this act does not take effect immediately. 6,518
Therefore, this act shall go into immediate effect. 6,519