REPRESENTATIVES Ujvagi, McGregor, Harwood, Book, Perry, Price, Carano, Strahorn, Skindell, Brown, DeGeeter, Collier, Miller, Reidelbach, Mason, Domenick, Sferra, D. Stewart, S. Patton, Allen, Woodard, Distel, Hartnett, Redfern, Barrett, S. Smith, Driehaus, Wilson, Key, DeBose, Yates, Jerse, Schaffer, Seaver, Cirelli, Otterman, Wolpert, Beatty, Hoops, Koziura, Kearns, Olman, C. Evans, Sykes, Flowers, Latta, Fessler, Daniels, Hollister, Cates

To amend sections 124.93, 125.111, 153.59, 153.591,

1

175.05, 175.06, 176.06, 717.01, 1317.06, 1317.061,

2

1923.02, 2927.03, 3313.64, 3915.05, 3917.06,

3

4112.01, 4112.02, 4112.021, 4112.04, 4112.05,

4

4112.08, 4117.19, 4735.16, 4735.55, 4933.12, and

5

4933.121 and to enact sections 173.09, 1349.02,

6

1349.03, 1713.60, 3332.20, and 3345.53 of the

7

Revised Code to prohibit a retail seller in a

8

retail installment contract from charging or

9

collecting more than a six per cent annual

10

percentage rate on contracts with retail buyers

11

who are deployed on active duty; to permit a child

12

whose parent is deployed on active duty to

13

continue to attend school in the district in which

14

the child's parent lived before being called to

15

active military duty; to prohibit the eviction of

16

a tenant who is deployed on active duty or a

17

member of his or her immediate family from

18

residential premises; to ensure that life

19

insurance policies continue in force despite

20

nonpayment of premiums during the insured's period

21

of active duty; to prohibit discrimination under

22

the Ohio Civil Rights Commission Law and certain

23

other laws on the basis of military status; to

24

prohibit a gas or electric company from

25

disconnecting service to the residential premises

26

of any consumer who is deployed on active duty; to

27

require public and private institutions of higher

28

education to grant a military leave of absence to

29

students who are deployed on active duty, to

30

reinstate those students to the same educational

31

status as before active duty, and to either

32

partially refund paid tuition or credit paid

33

tuition to a future academic term; to permit a

34

person deployed on active duty to terminate a

35

motor vehicle lease or cellular phone contract

36

under specified conditions; and to establish a

37

voluntary, state-sponsored "patriot discount card"

38

program to provide reduced price discounts for

39

merchandise and services for military personnel.

40

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 124.93, 125.111, 153.59, 153.591,	41
175.05, 175.06, 176.06, 717.01, 1317.06, 1317.061, 1923.02,	42
2927.03, 3313.64, 3915.05, 3917.06, 4112.01, 4112.02, 4112.021,	43
4112.04, 4112.05, 4112.08, 4117.19, 4735.16, 4735.55, 4933.12, and	44
4933.121 be amended and sections 173.09, 1349.02, 1349.03,	45
1713.60, 3332.20, and 3345.53 of the Revised Code be enacted to	46
read as follows:	47

Sec. 124.93.  (A) As used in this section, "physician" means	48
any person who holds a valid certificate to practice medicine and	49
surgery or osteopathic medicine and surgery issued under Chapter	50
4731. of the Revised Code.	51

(B) No health insuring corporation that, on or after July 1,	52
1993, enters into or renews a contract with the department of	53
administrative services under section 124.82 of the Revised Code,	54
because of a physician's race, color, religion, sex, national	55
origin, disability or military status as defined in section	56
4112.01 of the Revised Code, age, or ancestry, shall refuse to	57
contract with that physician for the provision of health care	58
services under section 124.82 of the Revised Code.	59

Any health insuring corporation that violates this division	60
is deemed to have engaged in an unlawful discriminatory practice	61
as defined in section 4112.02 of the Revised Code and is subject	62
to Chapter 4112. of the Revised Code.	63

(C) Each health insuring corporation that, on or after July	64
1, 1993, enters into or renews a contract with the department of	65
administrative services under section 124.82 of the Revised Code	66
and that refuses to contract with a physician for the provision of	67
health care services under that section shall provide that	68
physician with a written notice that clearly explains the reason	69
or reasons for the refusal. The notice shall be sent to the	70
physician by regular mail within thirty days after the refusal.	71

Any health insuring corporation that fails to provide notice	72
in compliance with this division is deemed to have engaged in an	73
unfair and deceptive act or practice in the business of insurance	74
as defined in section 3901.21 of the Revised Code and is subject	75
to sections 3901.19 to 3901.26 of the Revised Code.	76

Sec. 125.111.  (A) Every contract for or on behalf of the	77
state or any of its political subdivisions for any purchase shall	78
contain provisions similar to those required by section 153.59 of	79
the Revised Code in the case of construction contracts by which	80
the contractor agrees to both of the following:	81

(1) That, in the hiring of employees for the performance of	82
work under the contract or any subcontract, no contractor or	83
subcontractor, by reason of race, color, religion, sex, age,	84
disability or military status as defined in section 4112.01 of the	85
Revised Code, national origin, or ancestry, shall discriminate	86
against any citizen of this state in the employment of a person	87
qualified and available to perform the work to which the contract	88
relates;	89

(2) That no contractor, subcontractor, or person acting on	90
behalf of any contractor or subcontractor, in any manner, shall	91
discriminate against, intimidate, or retaliate against any	92
employee hired for the performance of work under the contract on	93
account of race, color, religion, sex, age, disability or military	94
status as defined in section 4112.01 of the Revised Code, national	95
origin, or ancestry.	96

(B) All contractors from whom the state or any of its	97
political subdivisions make purchases shall have a written	98
affirmative action program for the employment and effective	99
utilization of economically disadvantaged persons, as referred to	100
in division (E)(1) of section 122.71 of the Revised Code.	101
Annually, each such contractor shall file a description of the	102
affirmative action program and a progress report on its	103
implementation with the equal employment opportunity office of the	104
department of administrative services.	105

Sec. 153.59.  Every contract for or on behalf of the state,	106
or any township, county, or municipal corporation of the state,	107
for the construction, alteration, or repair of any public building	108
or public work in the state shall contain provisions by which the	109
contractor agrees to both of the following:	110

(A) That, in the hiring of employees for the performance of	111
work under the contract or any subcontract, no contractor,	112
subcontractor, or any person acting on a contractor's or	113
subcontractor's behalf, by reason of race, creed, sex, disability	114
or military status as defined in section 4112.01 of the Revised	115
Code, or color, shall discriminate against any citizen of the	116
state in the employment of labor or workers who is qualified and	117
available to perform the work to which the employment relates;	118

(B) That no contractor, subcontractor, or any person on a	119
contractor's or subcontractor's behalf, in any manner, shall	120
discriminate against or intimidate any employee hired for the	121
performance of work under the contract on account of race, creed,	122
sex, disability or military status as defined in section 4112.01	123
of the Revised Code, or color.	124

The department of administrative services shall ensure that	125
no capital moneys appropriated by the general assembly for any	126
purpose shall be expended unless the project for which those	127
moneys are appropriated provides for an affirmative action program	128
for the employment and effective utilization of disadvantaged	129
persons whose disadvantage may arise from cultural, racial, or	130
ethnic background, or other similar cause, including, but not	131
limited to, race, religion, sex, disability or military status as	132
defined in section 4112.01 of the Revised Code, national origin,	133
or ancestry.	134

In awarding contracts for capital improvement projects, the	135
department shall ensure that equal consideration be given to	136
contractors, subcontractors, or joint venturers who qualify as a	137
minority business enterprise. As used in this section, "minority	138
business enterprise" means a business enterprise that is owned or	139
controlled by one or more socially or economically disadvantaged	140
persons who are residents of this state. "Socially or economically	141
disadvantaged persons" means persons, regardless of marital	142
status, who are members of groups whose disadvantage may arise	143
from discrimination on the basis of race, religion, sex,	144
disability or military status as defined in section 4112.01 of the	145
Revised Code, national origin, ancestry, or other similar cause.	146

Sec. 153.591.  Any provision of a hiring hall contract or	147
agreement which obligates a contractor to hire, if available, only	148
employees referred to the contractor by a labor organization shall	149
be void as against public policy and unenforceable with respect to	150
employment under any public works contract unless at the date of	151
execution of the hiring hall contract or agreement, or within	152
thirty days thereafter, the labor organization has in effect	153
procedures for referring qualified employees for hire without	154
regard to race, color, religion, national origin, military status	155
as defined in section 4112.01 of the Revised Code, or ancestry and	156
unless the labor organization includes in its apprentice and	157
journeyperson's membership, or otherwise has available for job	158
referral without discrimination, qualified employees, both whites	159
and non-whites (including African-AmericansAfrican Americans).	160

Sec. 173.09.  (A) As used in this section, "service in the	161
uniformed services" and "uniformed services" have the same	162
meanings as in section 5903.01 of the Revised Code.	163

(B) The director of aging shall establish a patriot discount	164
card program and provide a patriot discount card to any resident	165
of this state who applies to the director for a card and is in	166
service in the uniformed services. The director shall devise	167
programs to provide benefits of any kind to card holders and	168
encourage support and participation in them by all persons,	169
including governmental organizations. Card holders shall be	170
entitled to any benefits granted to them by private persons or	171
organizations, the laws of this state, or ordinances or	172
resolutions of political subdivisions. This section does not	173
require any person or organization to provide benefits to any card	174
holder. The department of aging shall bear all costs of the	175
program.	176

(C) Before issuing a patriot discount card to any person, the	177
director of aging shall establish the identity of the person	178
applying for the card and shall ascertain that the person is	179
eligible to be issued the card. The director shall adopt rules	180
under Chapter 119. of the Revised Code to prevent the issuance of	181
cards to persons not qualified to have them and to provide for	182
proper use of a card by members of the immediate family of a card	183
holder while the card holder's military duties require the card	184
holder to be outside of this state. Cards shall contain the	185
signature of the card holder and any other information the	186
director considers necessary to carry out the purposes of the	187
patriot discount card program under this section. Any card that	188
the director issues shall be held in perpetuity by the original	189
card holder and shall not be transferable to any other person, but	190
may be used by a member of the card holder's immediate family in	191
accordance with the rules adopted under this section. A person who	192
loses the person's card may obtain another card from the director	193
upon providing the same information to the director as was	194
required for the issuance of the original card.	195

(D) No person shall use a patriot discount card except to	196
obtain for the holder of the card or a member of the holder's	197
immediate family a benefit to which the holder or a member of the	198
holder's immediate family is entitled under the conditions of the	199
offer.	200

Sec. 175.05.  (A) The Ohio housing finance agency may	201
purchase, and contract to purchase, mortgage loans or other	202
evidence of debt from lending institutions upon the terms and	203
conditions that the agency shall determine, and all lending	204
institutions are authorized to sell to, or otherwise obtain	205
mortgage loans as agent for, the agency in accordance with this	206
chapter.	207

(B) The agency may provide in agreements with lending	208
institutions and in loan documents requirements applicable to the	209
purchase of mortgage loans to carry out the purposes of this	210
chapter, including, but not limited to, the following:	211

(1) Qualifications of lending institutions from which	212
mortgage loans may be acquired;	213

(2) The time periods within which lending institutions must	214
make commitments for, originate, and close mortgage loans, and	215
deliver them for purchase;	216

(3) The location and other characteristics of single-family	217
residential housing to be financed by mortgage loans;	218

(4) The terms and conditions of mortgage loans to be	219
purchased;	220

(5) The amounts and types of insurance coverage required on	221
single-family residential housing and mortgage loans;	222

(6) The representations and warranties to be required of	223
lending institutions, private insurers, and other parties;	224

(7) Restrictions as to interest rates and other terms of	225
mortgage loans and the net effective interest rate on the mortgage	226
loans;	227

(8) The type and amount of collateral security to be provided	228
to assure repayment of any mortgage loan.	229

(C) The agency shall include in agreements with lending	230
institutions requirements applicable to the purchase of mortgage	231
loans or other evidence of debt as the agency considers necessary	232
or desirable in order to ensure that the single-family residential	233
housing financed by the mortgage loans is safe and sanitary.	234

(D)(1) In connection with the issuance of any issue of bonds	235
to provide funds to purchase mortgage loans or other evidence of	236
debt, the agency shall provide for the reasonable availability of	237
the funds on an equitable, statewide basis, and without	238
discrimination by reason of race, color, ancestry, national	239
origin, religion, sex, familial status as defined in section	240
4112.01 of the Revised Code, military status as defined in that	241
section, or disability as defined in that section. Except as	242
otherwise provided in division (D)(2) of this section, the agency	243
shall provide for making not less than twenty per cent of the	244
moneys for mortgage loans from each issue of bonds available for	245
not less than one year for mortgage loans in targeted areas as	246
described in section 143(j) of the Internal Revenue Code,	247
including areas of chronic economic distress as designated and	248
confirmed under division (F) of this section. The agency shall	249
solicit commitments from all qualified lending institutions and	250
shall accord priorities to commitments proffered for mortgage	251
loans up to amounts for each county which bear the same ratio to	252
the moneys from the bond issue available for mortgage loans as the	253
population of that county bears to the population of the state,	254
using the most recent available statewide census data as	255
determined by the agency. The priorities shall be accorded for	256
periods determined by the agency and subject to availabilities to	257
be accorded to targeted areas and areas of chronic economic	258
distress, and, within the priorities, the agency may establish	259
priorities for stated purposes including, but not limited to, for	260
new construction, rehabilitation, or home improvements, as the	261
agency may determine upon consideration of any preferences that	262
may be indicated from the local community. Any amounts given the	263
priorities that are not claimed by commitments, origination of	264
loans, or loan closings within the time prescribed by the agency	265
may be reallocated in a manner that places the maximum amount of	266
the funds on an equitable basis and that achieves the broadest	267
distribution to the extent practical, as the agency may determine	268
or authorize to be determined. If two or more qualified lending	269
institutions commit for aggregate amounts in excess of	270
allocations, the agency shall accept commitments in amounts	271
adjusted on an equitable basis, as it determines, subject to	272
minimums prescribed by the agency and consideration of the	273
efficiency of placement of the moneys in mortgage loans. All	274
allocations made by or pursuant to authorization by the agency	275
shall be conclusive.	276

(2) The requirement of division (D)(1) of this section that	277
funds be allocated on a county-by-county basis according to	278
population does not apply to the allocation of funds for new	279
construction if the agency determines that there is an imbalance	280
of statewide demand for funds for new construction. The agency	281
shall take reasonable measures to invite statewide demand for such	282
funds before making the determination, and such invitation shall	283
remain open for a period of not less than thirty days before the	284
determination is made. If the agency determines that the	285
requirement does not apply, it shall allocate the funds for new	286
construction on an equitable basis among all of the counties in	287
which a demand is expressed.	288

(E) The agency is the sole entity in the state authorized to	289
issue bonds for the purpose of financing purchase, other than	290
lease-purchase, of single-family residential housing, and the	291
agency is hereby authorized to issue the bonds up to the full	292
amount permitted to be issued in the state by law.	293

(F) The director of development may designate areas within	294
the state as areas of chronic economic distress within the meaning	295
of section 143(j) of the Internal Revenue Code, the designation to	296
be confirmed by the agency or, if not so confirmed, revised and	297
resubmitted by the director to the agency for confirmation.	298

(G) Lending institutions are authorized to comply with	299
requirements pursuant to this section notwithstanding other	300
restrictions in law or rules.	301

(H)(1) If any applicant for a mortgage loan under this	302
section has reason to believe that the applicant's application was	303
denied unlawfully, the applicant may appeal the action to the	304
agency within thirty days after the applicant's application is	305
denied. The applicant shall take an appeal by filing a notice of	306
appeal with the agency. The notice of appeal shall set forth the	307
name and address of the applicant, the name and address of the	308
lending institution, the grounds upon which the applicant believes	309
that the application was unlawfully denied, and any other	310
information that the agency requires by rule. A copy of the	311
application shall be attached to the notice of appeal.	312

(2) Upon an appeal, the agency shall issue an order, pursuant	313
to an adjudication conducted in accordance with Chapter 119. of	314
the Revised Code, affirming the denial of the application or	315
ordering the lending institution to grant the application. Any	316
party who is adversely affected by the issuance of an adjudication	317
order under this division may appeal to the court of common pleas	318
of the county in which the application was made in accordance with	319
section 119.12 of the Revised Code.	320

Sec. 175.06.  (A) The Ohio housing finance agency may make,	321
and contract to make, loans to, or through, lending institutions	322
to finance the acquisition, construction, improvement, and	323
rehabilitation of multifamily residential housing on terms and	324
conditions that the agency shall determine. All lending	325
institutions are authorized to borrow from the agency in	326
accordance with this section, provided that a separate issue of	327
bonds may be authorized for loans to, or through, lending	328
institutions with respect to multifamily residential housing that	329
shares a common site, ownership, and security interest, and	330
constitutes a single multifamily residential housing project.	331

(B) The agency may purchase, and contract to purchase, from	332
lending institutions loans or other evidence of debt to finance	333
the acquisition, construction, improvement, and rehabilitation of	334
multifamily residential housing on terms and conditions that the	335
agency shall determine, and all lending institutions are	336
authorized to sell the loans to the agency in accordance with this	337
section.	338

(C) The agency shall require, as a condition of each loan	339
made to, or through, a lending institution pursuant to this	340
section, that the lending institution use the loan proceeds to	341
make new loans in an aggregate principal amount at least equal to	342
the amount of the loan to finance the acquisition, construction,	343
improvement, and rehabilitation of multifamily residential	344
housing.	345

(D) The agency also shall require that the owners of	346
multifamily residential housing, the acquisition, construction,	347
improvements, or rehabilitation of which is financed by loans	348
purchased by the agency, or with the proceeds of loans made by the	349
agency pursuant to this section, demonstrate to the satisfaction	350
of the agency that the multifamily residential housing is safe and	351
sanitary, and the occupants of the multifamily residential housing	352
will benefit from the savings in the cost of money to the lending	353
institutions and the owners resulting from the loans or proceeds	354
from them. Determinations by the agency with respect to those	355
matters shall be deemed conclusive.	356

(E) The interest rate or rates and other terms of loans made	357
or purchased by the agency pursuant to this section with the	358
proceeds of any issue of bonds, together with any other moneys	359
available for the payment of the bonds and the interest on them,	360
including reserve funds, shall be at least sufficient to assure	361
the payment of the bonds and the interest on them as they become	362
due.	363

(F) The agency may require that each lending institution	364
receiving a loan pursuant to this section shall issue and deliver	365
to the agency an evidence of its indebtedness to the agency which	366
shall bear the date or dates, shall mature at the time or times,	367
shall be subject to prepayment, and shall contain any other	368
provisions consistent with this chapter that the agency shall	369
determine.	370

(G) The agency may require that loans made pursuant to this	371
section shall be secured as to payment of both principal and	372
interest by a pledge of any collateral security that the agency	373
shall determine to be necessary to assure the payment of the loans	374
and the interest on them as they become due.	375

(H) The agency may require that any collateral for loans made	376
pursuant to this section be deposited with a bank, trust company,	377
or other financial institution acceptable to the agency located in	378
the state and designated by the agency as custodian for the	379
collateral. In the absence of that requirement, each lending	380
institution shall enter into an agreement with the agency	381
containing any provisions that the agency considers necessary to	382
do all of the following:	383

(1) Adequately identify and maintain the collateral;

384

(2) Service the collateral;

385

(3) Require the lending institution to hold the collateral as	386
an agent for the agency and be accountable to the agency as the	387
trustee of an express trust for the application and disposition of	388
it and the income from it.	389

The agency also may establish any additional requirements	390
that it considers necessary with respect to the pledging,	391
assigning, setting aside, or holding of collateral, the making of	392
substitutions for it or additions to it, and the disposition of	393
income and receipts from it.	394

(I) The agency may require as a condition of each loan made	395
to a lending institution pursuant to this section that the lending	396
institution, within the period after receipt of the loan proceeds	397
that the agency may prescribe, shall have entered into written	398
commitments to make, and, within the period thereafter that the	399
agency may prescribe, shall have disbursed the loan proceeds in	400
new loans. The new loans shall have any terms and conditions that	401
the agency may prescribe.	402

(J) The agency may require as a condition of any loans made	403
to, made through, or purchased from lending institutions pursuant	404
to this section any representations and warranties that it shall	405
determine to be necessary to secure the loans and carry out the	406
purpose of this chapter.	407

(K) The agency may provide in agreements with lending	408
institutions and in loan documents requirements applicable to the	409
purchase of loans pursuant to this section, including, but not	410
limited to, the following:	411

(1) Qualifications of lending institutions from which loans	412
may be purchased;	413

(2) The time period within which lending institutions must	414
make commitments for and originate loans and deliver them for	415
purchase;	416

(3) The location and characteristics of multifamily	417
residential housing to be financed by loans;	418

(4) The terms and conditions of loans to be purchased;

419

(5) The amounts and types of insurance coverage required on	420
multifamily residential housing, loans, and bonds;	421

(6) The type and amount of collateral security to be provided	422
to assure repayment of any loan or bonds.	423

(L) The agency shall require provision to be made for making	424
available to eligible families of low and moderate income not less	425
than that percentage of units in a multifamily residential housing	426
project financed under this section as provided for in section	427
142(d) of the Internal Revenue Code, and that all of those units	428
be made available without discrimination by reason of race, color,	429
ancestry, national origin, religion, sex, familial status as	430
defined in section 4112.01 of the Revised Code, military status as	431
defined in that section, or disability as defined in that section.	432

(M) Lending institutions and owners and developers are	433
authorized to comply with requirements pursuant to this section	434
and section 176.05 of the Revised Code notwithstanding any other	435
restrictions in law or rules.	436

Sec. 176.06.  Each municipal corporation, county, and	437
township shall compile and make available, in accordance with this	438
section, to the public for inspection and copying for a period of	439
five years the number and total dollar amount of mortgage loans	440
that were originated, for which completed applications were	441
received and applicants were rejected, and that were purchased by	442
that municipal corporation, county, or township during each fiscal	443
year. Information regarding each of the mortgage loan categories	444
listed above shall be itemized to clearly and conspicuously	445
disclose the following:	446

(A) The number and dollar amount of mortgage loans insured	447
under Title II of the "National Housing Act," 48 Stat. 1246	448
(1934), 12 U.S.C.A. 1707 et seq., or under Title V of the "Housing	449
Act of 1949," 63 Stat. 413, 432, 42 U.S.C.A. 1471 et seq., or	450
guaranteed under the "Veterans' Loan Act," 58 Stat. 284 (1944), 38	451
U.S.C.A. 1801 et seq.;	452

(B) The number and dollar amount of mortgage loans made to	453
mortgagors who did not, at the time of execution of the mortgage,	454
intend to reside in the property securing the mortgage loan;	455

(C) The number and dollar amount of home improvement loans;

456

(D) The number and dollar amount of mortgage loans involving	457
mortgagors or mortgage applicants grouped according to census	458
tract, income level, race, color, religion, sex, ancestry,	459
disability as defined in section 4112.01 of the Revised Code,	460
military status as defined in that section, and national origin.	461

The information described in this section shall be made	462
available to the public in raw data form and updated quarterly.	463
Within four months after the end of each fiscal year, each	464
municipal corporation, county, and township shall submit to the	465
president of the senate and the speaker of the house of	466
representatives a report containing the information described in	467
this section for the immediately preceding fiscal year.	468

As used in this section, "mortgage loan" has the same meaning	469
as in section 175.01 of the Revised Code.	470

Sec. 717.01.  Each municipal corporation may do any of the	471
following:	472

(A) Acquire by purchase or condemnation real estate with or	473
without buildings on it, and easements or interests in real	474
estate;	475

(B) Extend, enlarge, reconstruct, repair, equip, furnish, or	476
improve a building or improvement that it is authorized to acquire	477
or construct;	478

(C) Erect a crematory or provide other means for disposing of	479
garbage or refuse, and erect public comfort stations;	480

(D) Purchase turnpike roads and make them free;

481

(E) Construct wharves and landings on navigable waters;

482

(F) Construct infirmaries, workhouses, prisons, police	483
stations, houses of refuge and correction, market houses, public	484
halls, public offices, municipal garages, repair shops, storage	485
houses, and warehouses;	486

(G) Construct or acquire waterworks for supplying water to	487
the municipal corporation and its inhabitants and extend the	488
waterworks system outside of the municipal corporation limits;	489

(H) Construct or purchase gas works or works for the	490
generation and transmission of electricity, for the supplying of	491
gas or electricity to the municipal corporation and its	492
inhabitants;	493

(I) Provide grounds for cemeteries or crematories, enclose	494
and embellish them, and construct vaults or crematories;	495

(J) Construct sewers, sewage disposal works, flushing	496
tunnels, drains, and ditches;	497

(K) Construct free public libraries and reading rooms, and	498
free recreation centers;	499

(L) Establish free public baths and municipal lodging houses;

500

(M) Construct monuments or memorial buildings to commemorate	501
the services of soldiers, sailors, and marines of the state and	502
nation;	503

(N) Provide land for and improve parks, boulevards, and	504
public playgrounds;	505

(O) Construct hospitals and pesthouses;

506

(P) Open, construct, widen, extend, improve, resurface, or	507
change the line of any street or public highway;	508

(Q) Construct and improve levees, dams, waterways,	509
waterfronts, and embankments and improve any watercourse passing	510
through the municipal corporation;	511

(R) Construct or improve viaducts, bridges, and culverts;

512

(S)(1) Construct any building necessary for the police or	513
fire department;	514

(2) Purchase fire engines or fire boats;

515

(3) Construct water towers or fire cisterns;

516

(4) Place underground the wires or signal apparatus of any	517
police or fire department.	518

(T) Construct any municipal ice plant for the purpose of	519
manufacturing ice for the citizens of a municipal corporation;	520

(U) Construct subways under any street or boulevard or	521
elsewhere;	522

(V) Acquire by purchase, gift, devise, bequest, lease,	523
condemnation proceedings, or otherwise, real or personal property,	524
and thereon and thereof to establish, construct, enlarge, improve,	525
equip, maintain, and operate airports, landing fields, or other	526
air navigation facilities, either within or outside the limits of	527
a municipal corporation, and acquire by purchase, gift, devise,	528
lease, or condemnation proceedings rights-of-way for connections	529
with highways, waterways, and electric, steam, and interurban	530
railroads, and improve and equip such facilities with structures	531
necessary or appropriate for such purposes. No municipal	532
corporation may take or disturb property or facilities belonging	533
to any public utility or to a common carrier engaged in interstate	534
commerce, which property or facilities are required for the proper	535
and convenient operation of the utility or carrier, unless	536
provision is made for the restoration, relocation, or duplication	537
of the property or facilities elsewhere at the sole cost of the	538
municipal corporation.	539

(W) Provide by agreement with any regional airport authority,	540
created under section 308.03 of the Revised Code, for the making	541
of necessary surveys, appraisals, and examinations preliminary to	542
the acquisition or construction of any airport or airport facility	543
and pay the portion of the expense of the surveys, appraisals, and	544
examinations as set forth in the agreement;	545

(X) Provide by agreement with any regional airport authority,	546
created under section 308.03 of the Revised Code, for the	547
acquisition, construction, maintenance, or operation of any	548
airport or airport facility owned or to be owned and operated by	549
the regional airport authority or owned or to be owned and	550
operated by the municipal corporation and pay the portion of the	551
expense of it as set forth in the agreement;	552

(Y) Acquire by gift, purchase, lease, or condemnation, land,	553
forest, and water rights necessary for conservation of forest	554
reserves, water parks, or reservoirs, either within or without the	555
limits of the municipal corporation, and improve and equip the	556
forest and water parks with structures, equipment, and	557
reforestation necessary or appropriate for any purpose for the	558
utilization of any of the forest and water benefits that may	559
properly accrue therefrom to the municipal corporation;	560

(Z) Acquire real property by purchase, gift, or devise and	561
construct and maintain on it public swimming pools, either within	562
or outside the limits of the municipal corporation;	563

(AA) Construct or rehabilitate, equip, maintain, operate, and	564
lease facilities for housing of elderly persons and for persons of	565
low and moderate income, and appurtenant facilities. No municipal	566
corporation shall deny housing accommodations to or withhold	567
housing accommodations from elderly persons or persons of low and	568
moderate income because of race, color, religion, sex, familial	569
status as defined in section 4112.01 of the Revised Code, military	570
status as defined in that section, disability as defined in that	571
section, ancestry, or national origin. Any elderly person or	572
person of low or moderate income who is denied housing	573
accommodations or has them withheld by a municipal corporation	574
because of race, color, religion, sex, familial status as defined	575
in section 4112.01 of the Revised Code, military status as defined	576
in that section, disability as defined in that section, ancestry,	577
or national origin may file a charge with the Ohio civil rights	578
commission as provided in Chapter 4112. of the Revised Code.	579

(BB) Acquire, rehabilitate, and develop rail property or rail	580
service, and enter into agreements with the Ohio rail development	581
commission, boards of county commissioners, boards of township	582
trustees, legislative authorities of other municipal corporations,	583
with other governmental agencies or organizations, and with	584
private agencies or organizations in order to achieve those	585
purposes;	586

(CC) Appropriate and contribute money to a soil and water	587
conservation district for use under Chapter 1515. of the Revised	588
Code;	589

(DD) Authorize the board of county commissioners, pursuant to	590
a contract authorizing the action, to contract on the municipal	591
corporation's behalf for the administration and enforcement within	592
its jurisdiction of the state building code by another county or	593
another municipal corporation located within or outside the	594
county. The contract for administration and enforcement shall	595
provide for obtaining certification pursuant to division (E) of	596
section 3781.10 of the Revised Code for the exercise of	597
administration and enforcement authority within the municipal	598
corporation seeking those services and shall specify which	599
political subdivision is responsible for securing that	600
certification.	601

(EE) Expend money for providing and maintaining services and	602
facilities for senior citizens.	603

"Airport," "landing field," and "air navigation facility," as	604
defined in section 4561.01 of the Revised Code, apply to division	605
(V) of this section.	606

As used in divisions (W) and (X) of this section, "airport"	607
and "airport facility" have the same meanings as in section 308.01	608
of the Revised Code.	609

As used in division (BB) of this section, "rail property" and	610
"rail service" have the same meanings as in section 4981.01 of the	611
Revised Code.	612

Sec. 1317.06.  (A) ASubject to division (D) of this section,	613
a retail seller at the time of making any retail installment sale	614
may charge and contract for the payment of a finance charge by the	615
retail buyer and collect and receive the same, which shall not	616
exceed the greater of the following:	617

(1) A base finance charge at the rate of eight dollars per	618
one hundred dollars per year on the principal balance of the	619
retail installment contract. On retail installment contracts	620
providing for principal balances less than, nor not in multiples	621
of one hundred dollars, or for installment payments extending for	622
a period less than or greater than one year, saidthat finance	623
charge shall be computed proportionately. In addition to the base	624
finance charge, the retail seller may charge and contract for a	625
service charge of fifty cents per month for the first fifty dollar	626
unit or fraction thereof, of the principal balance for each month	627
of the term of the installment contract; and an additional service	628
charge of twenty-five cents per month for each of the next five	629
fifty dollar units or fraction thereof, of the principal balance	630
for each month of the term of the installment contract. This	631
paragraph applies only to retail installment contracts with a	632
principal balance of seven hundred dollars or less.	633

(2) A pre-computed base finance charge not in excess of the	634
amount obtained by applying the rate of one and one-half per cent	635
per month to the unpaid portion of the unpaid principal balance	636
determined to be outstanding from time to time according to the	637
terms and schedule of payments of the retail installment contract	638
executed in connection with such retail installment sale.	639

Such base finance charge and service charges may be computed	640
on a basis of a full month for any fractional period in excess of	641
ten days. For a fractional period of a month not in excess of ten	642
days, there shall be no base finance charge or service charge.	643

Sections 1317.01 to 1317.11 of the Revised Code do not apply	644
to any sale in which the base finance and service charge does not	645
exceed the sum of fifteen dollars.	646

(B) Every retail seller may, at the time of making any retail	647
installment sale, contract for the payment by the retail buyer of	648
lawful delinquent charges as follows:	649

(1) No charges shall be made for delinquent payments less	650
than ten days late.	651

(2) Five cents for each dollar for a delinquent payment that	652
is more than ten days late may be charged, but in no event shall a	653
delinquent charge for any one installment exceed three dollars.	654

A provision for the payment of interest on any installment	655
not paid in full on or before its scheduled due date at a rate not	656
to exceed one and one-half per cent interest per month is not a	657
delinquent charge and is expressly authorized.	658

(C) No retail installment contract arising out of a consumer	659
transaction and requiring the payment of the charges authorized by	660
this section shall be executed unless the combined total of the	661
cash price and all finance charges and service charges is required	662
to be paid according to a schedule of substantially equal	663
consecutive installments, except where the contract contains a	664
provision allowing the buyer to refinance the contract under terms	665
no less favorable than those of the original contract after making	666
the refund credit required by section 1317.09 of the Revised Code.	667
No seller shall, pursuant to any provision in a retail installment	668
contract arising out of a consumer transaction, accelerate any	669
payments on account of a default in the making of an installment	670
payment that has not continued for at least thirty days. Division	671
(C) of this sectionThis division does not apply to the extent	672
that the payment schedule is adjusted to the seasonal or irregular	673
income of the buyer.	674

(D) A retail seller in connection with a retail installment	675
contract entered into on and after the effective date of this	676
amendment shall not charge or collect from a retail buyer who is	677
deployed on active duty interest or finance charges exceeding an	678
annual percentage rate of six per cent.	679

(E) As used in this section, "active duty" means active duty	680
pursuant to an executive order of the president of the United	681
States, an act of the congress of the United States, or section	682
5919.29 or 5923.21 of the Revised Code.	683

Sec. 1317.061. As(A) Subject to division (B) of this	684
section, as an alternative to the finance charges permitted in	685
division (A) of section 1317.06 of the Revised Code or the	686
interest permitted in division (B) of that section, and to the	687
finance charges permitted in division (B) of section 1317.11 of	688
the Revised Code, a retail seller or holder may contract for and	689
receive finance charges or interest at any rate or rates agreed	690
upon or consented to by the parties to the retail installment	691
contract or revolving budget agreement, but not exceeding an	692
annual percentage rate of twenty-five per cent.	693

(B) A retail seller in connection with a retail installment	694
contract entered into on and after the effective date of this	695
amendment shall not charge or collect from a retail buyer who is	696
deployed on active duty interest or finance charges exceeding an	697
annual percentage rate of six per cent.	698

(C) As used in this section, "active duty" means active duty	699
pursuant to an executive order of the president of the United	700
States, an act of the congress of the United States, or section	701
5919.29 or 5923.21 of the Revised Code.	702

Sec. 1349.02.  (A) As used in this section:

703

(1) "Active duty" means active duty pursuant to an executive	704
order of the president of the United States, an act of the	705
congress of the United States, or section 5919.29 or 5923.21 of	706
the Revised Code.	707

(2) "Lending institution" has the same meaning as in section	708
175.01 of the Revised Code.	709

(3) "Motor vehicle" has the same meaning as in section	710
4501.01 of the Revised Code.	711

(B) Any person, or spouse of a person, who is deployed on	712
active duty may terminate any motor vehicle lease that meets both	713
of the following requirements:	714

(1) It is entered into on or after the effective date of this	715
section.	716

(2) It is executed by or on behalf of the person who is	717
deployed on active duty.	718

(C) Termination of the motor vehicle lease shall not be	719
effective until:	720

(1) Thirty days after the person who is deployed on active	721
duty or the person's spouse gives notice by certified mail, return	722
receipt requested, of the intention to terminate the lease; and	723

(2) The motor vehicle subject to the lease is returned to the	724
custody or control of the lessor.	725

(D) If the requirements of divisions (C)(1) and (2) of this	726
section are met, both of the following restrictions shall apply:	727

(1) No collection agency or lending institution may report to	728
a consumer reporting agency, for inclusion in the credit file or	729
credit report of the person who is deployed on active duty, any	730
information about the nonpayment of the terminated motor vehicle	731
lease.	732

(2) No consumer reporting agency shall include in the credit	733
file or credit report of the person who is deployed on active duty	734
any information about the nonpayment of the terminated motor	735
vehicle lease.	736

Sec. 1349.03. (A) As used in this section, "active duty"	737
means active duty pursuant to an executive order of the president	738
of the United States, an act of the congress of the United States,	739
or section 5919.29 or 5923.21 of the Revised Code.	740

(B) Any person, or spouse of a person, who is deployed on	741
active duty may terminate a cellular phone contract that meets	742
both of the following requirements:	743

(1) It is entered into on or after the effective date of this	744
section.	745

(2) It is executed by or on behalf of the person who is	746
deployed on active duty.	747

(C) Termination of the cellular phone contract shall not be	748
effective until:	749

(1) Thirty days after the person who is deployed on active	750
duty or the person's spouse gives notice by certified mail, return	751
receipt requested, of the intention to terminate the cellular	752
phone contract; and	753

(2) Unless the person who is deployed on active duty owns the	754
cellular phone, the cellular telephone is returned to the custody	755
or control of the cellular telephone company.	756

(D) If the requirements of divisions (B)(1) and (2) are met,	757
both of the following restrictions shall apply:	758

(1) No collection agency or cellular telephone company may	759
report to a consumer reporting agency, for inclusion in the credit	760
file or credit report of the person who is deployed on active	761
duty, any information about the nonpayment of the terminated	762
cellular telephone contract.	763

(2) No consumer reporting agency shall include in the credit	764
file or credit report of the person who is deployed on active duty	765
any information about the nonpayment of the terminated cellular	766
telephone contract.	767

Sec. 1713.60. As used in this section, "active duty" means	768
full-time duty in the active military service of the United	769
States, including full-time training duty, annual training duty,	770
and active state duty for members of the national guard.	771

(A) Each institution of higher education that holds a	772
certificate of authorization issued under this chapter shall grant	773
a student a military leave of absence from the institution while	774
the student is serving on active duty, and for one year after the	775
conclusion of that service, if the student is a member of the	776
United States national guard or other reserve component of the	777
armed forces of the United States, or a member of those armed	778
forces in a retired status, and is called to active duty. The	779
student shall not suffer an academic penalty as a result of the	780
leave of absence.	781

(B) If requested by a student granted a military leave of	782
absence pursuant to division (A) of this section not later than	783
one year after the student's release from active duty, the	784
institution in which the student is enrolled shall do either of	785
the following, as elected by the student:	786

(1) Credit tuition and fee charges toward a subsequent	787
academic term in an amount that is one hundred per cent of what	788
the student paid the institution for the academic term in which	789
the student withdraws;	790

(2) Refund tuition and fees paid for the academic term,	791
provided the student withdraws before the withdraw date	792
established by the institution. The refund shall equal one hundred	793
per cent of the tuition and fee charges the student paid the	794
institution for the academic term. If the student withdraws after	795
the withdraw date established by the institution, the student is	796
ineligible for a refund of tuition and fee charges. For the	797
purposes of this section, the "withdraw date" shall be the same as	798
the date set by the institution for its general student population	799
to withdraw from the institution or a course or class without	800
academic penalty.	801

(C) If requested by a student granted a military leave of	802
absence pursuant to division (A) of this section not later than	803
one year after the student's release from active duty, the	804
institution shall restore the student to the educational status	805
the student had attained prior to being called to active duty	806
without loss of academic credits earned, scholarships or grants	807
awarded, or tuition and other fees paid prior to the commencement	808
of active duty, except as provided in division (B) of this	809
section.	810

(D) If an institution fails to comply with this section, the	811
student may bring an action against the institution to enforce its	812
provisions in the court of common pleas of the county in which the	813
student resides. If the student resides outside of this state, the	814
action shall be brought in the court of common pleas of the county	815
in which the campus of the institution previously attended by the	816
student is located. The court may award reasonable attorney's fees	817
and expenses if the student prevails in the action.	818

Sec. 1923.02.  (A) Proceedings under this chapter may be had	819
as follows:	820

(1) Against tenants or manufactured home park residents	821
holding over their terms;	822

(2) Against tenants or manufactured home park residents in	823
possession under an oral tenancy, who are in default in the	824
payment of rent as provided in division (B) of this section;	825

(3) In sales of real estate, on executions, orders, or other	826
judicial process, when the judgment debtor was in possession at	827
the time of the rendition of the judgment or decree, by virtue of	828
which the sale was made;	829

(4) In sales by executors, administrators, or guardians, and	830
on partition, when any of the parties to the complaint were in	831
possession at the commencement of the action, after the sales, so	832
made on execution or otherwise, have been examined by the proper	833
court and adjudged legal;	834

(5) When the defendant is an occupier of lands or tenements,	835
without color of title, and the complainant has the right of	836
possession to them;	837

(6) In any other case of the unlawful and forcible detention	838
of lands or tenements. For purposes of this division, in addition	839
to any other type of unlawful and forcible detention of lands or	840
tenements, such a detention may be determined to exist when both	841
of the following apply:	842

(a) A tenant fails to vacate residential premises within	843
three days after both of the following occur:	844

(i) The tenant's landlord has actual knowledge of or has	845
reasonable cause to believe that the tenant, any person in the	846
tenant's household, or any person on the premises with the consent	847
of the tenant previously has or presently is engaged in a	848
violation of Chapter 2925. or 3719. of the Revised Code, or of a	849
municipal ordinance that is substantially similar to any section	850
in either of those chapters, which involves a controlled substance	851
and which occurred in, is occurring in, or otherwise was or is	852
connected with the premises, whether or not the tenant or other	853
person has been charged with, has pleaded guilty to or been	854
convicted of, or has been determined to be a delinquent child for	855
an act that, if committed by an adult, would be a violation as	856
described in this division. For purposes of this division, a	857
landlord has "actual knowledge of or has reasonable cause to	858
believe" that a tenant, any person in the tenant's household, or	859
any person on the premises with the consent of the tenant	860
previously has or presently is engaged in a violation as described	861
in this division if a search warrant was issued pursuant to	862
Criminal Rule 41 or Chapter 2933. of the Revised Code; the	863
affidavit presented to obtain the warrant named or described the	864
tenant or person as the individual to be searched and particularly	865
described the tenant's premises as the place to be searched, named	866
or described one or more controlled substances to be searched for	867
and seized, stated substantially the offense under Chapter 2925.	868
or 3719. of the Revised Code or the substantially similar	869
municipal ordinance that occurred in, is occurring in, or	870
otherwise was or is connected with the tenant's premises, and	871
states the factual basis for the affiant's belief that the	872
controlled substances are located on the tenant's premises; the	873
warrant was properly executed by a law enforcement officer and any	874
controlled substance described in the affidavit was found by that	875
officer during the search and seizure; and, subsequent to the	876
search and seizure, the landlord was informed by that or another	877
law enforcement officer of the fact that the tenant or person has	878
or presently is engaged in a violation as described in this	879
division and it occurred in, is occurring in, or otherwise was or	880
is connected with the tenant's premises.	881

(ii) The landlord gives the tenant the notice required by	882
division (C) of section 5321.17 of the Revised Code.	883

(b) The court determines, by a preponderance of the evidence,	884
that the tenant, any person in the tenant's household, or any	885
person on the premises with the consent of the tenant previously	886
has or presently is engaged in a violation as described in	887
division (A)(6)(a)(i) of this section.	888

(7) In cases arising out of Chapter 5313. of the Revised	889
Code. In those cases, the court has the authority to declare a	890
forfeiture of the vendee's rights under a land installment	891
contract and to grant any other claims arising out of the	892
contract.	893

(8) Against tenants who have breached an obligation that is	894
imposed by section 5321.05 of the Revised Code, other than the	895
obligation specified in division (A)(9) of that section, and that	896
materially affects health and safety. Prior to the commencement of	897
an action under this division, notice shall be given to the tenant	898
and compliance secured with section 5321.11 of the Revised Code.	899

(9) Against tenants who have breached an obligation imposed	900
upon them by a written rental agreement;	901

(10) Against manufactured home park residents who have	902
defaulted in the payment of rent or breached the terms of a rental	903
agreement with a manufactured home park operator. Nothing in this	904
division precludes the commencement of an action under division	905
(A)(12) of this section when the additional circumstances	906
described in that division apply.	907

(11) Against manufactured home park residents who have	908
committed two material violations of the rules of the manufactured	909
home park, of the public health council, or of applicable state	910
and local health and safety codes and who have been notified of	911
the violations in compliance with section 3733.13 of the Revised	912
Code;	913

(12) Against a manufactured home park resident, or the estate	914
of a manufactured home park resident, who has been absent from the	915
manufactured home park for a period of thirty consecutive days	916
prior to the commencement of an action under this division and	917
whose manufactured home or mobile home, or recreational vehicle	918
that is parked in the manufactured home park, has been left	919
unoccupied for that thirty-day period, without notice to the park	920
operator and without payment of rent due under the rental	921
agreement with the park operator;	922

(13) Against occupants of self-service storage facilities, as	923
defined in division (A) of section 5322.01 of the Revised Code,	924
who have breached the terms of a rental agreement or violated	925
section 5322.04 of the Revised Code;	926

(14) Against any resident or occupant who, pursuant to a	927
rental agreement, resides in or occupies residential premises	928
located within one thousand feet of any school premises and to	929
whom both of the following apply:	930

(a) The resident's or occupant's name appears on the state	931
registry of sex offenders and child-victim offenders maintained	932
under section 2950.13 of the Revised Code.	933

(b) The state registry of sex offenders and child-victim	934
offenders indicates that the resident or occupant was convicted of	935
or pleaded guilty to either a sexually oriented offense that is	936
not a registration-exempt sexually oriented offense or a	937
child-victim oriented offense in a criminal prosecution and was	938
not sentenced to a serious youthful offender dispositional	939
sentence for that offense.	940

(15) Against any tenant who permits any person to occupy	941
residential premises located within one thousand feet of any	942
school premises if both of the following apply to the person:	943

(a) The person's name appears on the state registry of sex	944
offenders and child-victim offenders maintained under section	945
2950.13 of the Revised Code.	946

(b) The state registry of sex offenders and child-victim	947
offenders indicates that the person was convicted of or pleaded	948
guilty to either a sexually oriented offense that is not a	949
registration-exempt sexually oriented offense or a child-victim	950
oriented offense in a criminal prosecution and was not sentenced	951
to a serious youthful offender dispositional sentence for that	952
offense.	953

(B) If a tenant or manufactured home park resident holding	954
under an oral tenancy is in default in the payment of rent, the	955
tenant or resident forfeits the right of occupancy, and the	956
landlord may, at the landlord's option, terminate the tenancy by	957
notifying the tenant or resident, as provided in section 1923.04	958
of the Revised Code, to leave the premises, for the restitution of	959
which an action may then be brought under this chapter.	960

(C)(1) If a tenant or any other person with the tenant's	961
permission resides in or occupies residential premises that are	962
located within one thousand feet of any school premises and is a	963
resident or occupant of the type described in division (A)(14) of	964
this section or a person of the type described in division (A)(15)	965
of this section, the landlord for those residential premises, upon	966
discovery that the tenant or other person is a resident, occupant,	967
or person of that nature, may terminate the rental agreement or	968
tenancy for those residential premises by notifying the tenant and	969
all other occupants, as provided in section 1923.04 of the Revised	970
Code, to leave the premises.	971

(2) If a landlord is authorized to terminate a rental	972
agreement or tenancy pursuant to division (C)(1) of this section	973
but does not so terminate the rental agreement or tenancy, the	974
landlord is not liable in a tort or other civil action in damages	975
for any injury, death, or loss to person or property that	976
allegedly result from that decision.	977

(D) This chapter does not apply to a student tenant as	978
defined by division (H) of section 5321.01 of the Revised Code	979
when the college or university proceeds to terminate a rental	980
agreement pursuant to section 5321.031 of the Revised Code.	981

(E) This chapter does not apply to the residential premises	982
of a tenant who is deployed on active duty or of any member of	983
that tenant's immediate family, if the tenant entered into the	984
rental agreement on or after the effective date of this amendment.	985

(F) As used in this section, "active duty" means active duty	986
pursuant to an executive order of the president of the United	987
States, an act of the congress of the United States, or section	988
5919.29 or 5923.21 of the Revised Code.	989

Sec. 2927.03.  (A) No person, whether or not acting under	990
color of law, shall by force or threat of force willfully injure,	991
intimidate, or interfere with, or attempt to injure, intimidate,	992
or interfere with, any of the following:	993

(1) Any person because of race, color, religion, sex,	994
familial status as defined in section 4112.01 of the Revised Code,	995
national origin, military status as defined in that section,	996
disability as defined in that section, or ancestry and because	997
that person is or has been selling, purchasing, renting,	998
financing, occupying, contracting, or negotiating for the sale,	999
purchase, rental, financing, or occupation of any housing	1000
accommodations, or applying for or participating in any service,	1001
organization, or facility relating to the business of selling or	1002
renting housing accommodations;	1003

(2) Any person because that person is or has been doing, or	1004
in order to intimidate that person or any other person or any	1005
class of persons from doing, either of the following:	1006

(a) Participating, without discrimination on account of race,	1007
color, religion, sex, familial status as defined in section	1008
4112.01 of the Revised Code, national origin, military status as	1009
defined in that section, disability as defined in that section, or	1010
ancestry, in any of the activities, services, organizations, or	1011
facilities described in division (A)(1) of this section;	1012

(b) Affording another person or class of persons opportunity	1013
or protection so to participate.	1014

(3) Any person because that person is or has been, or in	1015
order to discourage that person or any other person from, lawfully	1016
aiding or encouraging other persons to participate, without	1017
discrimination on account of race, color, religion, sex, familial	1018
status as defined in section 4112.01 of the Revised Code, national	1019
origin, military status as defined in that section, disability as	1020
defined in that section, or ancestry, in any of the activities,	1021
services, organizations, or facilities described in division	1022
(A)(1) of this section, or participating lawfully in speech or	1023
peaceful assembly opposing any denial of the opportunity to so	1024
participate.	1025

(B) Whoever violates division (A) of this section is guilty	1026
of a misdemeanor of the first degree.	1027

Sec. 3313.64.  (A) As used in this section and in section	1028
3313.65 of the Revised Code:	1029

(1) "Parent" means either parent, unless the parents are	1030
separated or divorced or their marriage has been dissolved or	1031
annulled, in which case "parent" means the parent who is the	1032
residential parent and legal custodian of the child. When a child	1033
is in the legal custody of a government agency or a person other	1034
than the child's natural or adoptive parent, "parent" means the	1035
parent with residual parental rights, privileges, and	1036
responsibilities. When a child is in the permanent custody of a	1037
government agency or a person other than the child's natural or	1038
adoptive parent, "parent" means the parent who was divested of	1039
parental rights and responsibilities for the care of the child and	1040
the right to have the child live with the parent and be the legal	1041
custodian of the child and all residual parental rights,	1042
privileges, and responsibilities.	1043

(2) "Legal custody," "permanent custody," and "residual	1044
parental rights, privileges, and responsibilities" have the same	1045
meanings as in section 2151.011 of the Revised Code.	1046

(3) "School district" or "district" means a city, local, or	1047
exempted village school district and excludes any school operated	1048
in an institution maintained by the department of youth services.	1049

(4) Except as used in division (C)(2) of this section, "home"	1050
means a home, institution, foster home, group home, or other	1051
residential facility in this state that receives and cares for	1052
children, to which any of the following applies:	1053

(a) The home is licensed, certified, or approved for such	1054
purpose by the state or is maintained by the department of youth	1055
services.	1056

(b) The home is operated by a person who is licensed,	1057
certified, or approved by the state to operate the home for such	1058
purpose.	1059

(c) The home accepted the child through a placement by a	1060
person licensed, certified, or approved to place a child in such a	1061
home by the state.	1062

(d) The home is a children's home created under section	1063
5153.21 or 5153.36 of the Revised Code.	1064

(5) "Agency" means all of the following:

1065

(a) A public children services agency;

1066

(b) An organization that holds a certificate issued by the	1067
Ohio department of job and family services in accordance with the	1068
requirements of section 5103.03 of the Revised Code and assumes	1069
temporary or permanent custody of children through commitment,	1070
agreement, or surrender, and places children in family homes for	1071
the purpose of adoption;	1072

(c) Comparable agencies of other states or countries that	1073
have complied with applicable requirements of section 2151.39, or	1074
sections 5103.20 to 5103.28 of the Revised Code.	1075

(6) A child is placed for adoption if either of the following	1076
occurs:	1077

(a) An agency to which the child has been permanently	1078
committed or surrendered enters into an agreement with a person	1079
pursuant to section 5103.16 of the Revised Code for the care and	1080
adoption of the child.	1081

(b) The child's natural parent places the child pursuant to	1082
section 5103.16 of the Revised Code with a person who will care	1083
for and adopt the child.	1084

(7) "Handicapped preschool child" means a handicapped child,	1085
as defined by division (A) of section 3323.01 of the Revised Code,	1086
who is at least three years of age but is not of compulsory school	1087
age, as defined in section 3321.01 of the Revised Code, and who is	1088
not currently enrolled in kindergarten.	1089

(8) "Child," unless otherwise indicated, includes handicapped	1090
preschool children.	1091

(B) Except as otherwise provided in section 3321.01 of the	1092
Revised Code for admittance to kindergarten and first grade, a	1093
child who is at least five but under twenty-two years of age and	1094
any handicapped preschool child shall be admitted to school as	1095
provided in this division.	1096

(1) A child shall be admitted to the schools of the school	1097
district in which the child's parent resides.	1098

(2) A child who does not reside in the district where the	1099
child's parent resides shall be admitted to the schools of the	1100
district in which the child resides if any of the following	1101
applies:	1102

(a) The child is in the legal or permanent custody of a	1103
government agency or a person other than the child's natural or	1104
adoptive parent.	1105

(b) The child resides in a home.

1106

(c) The child requires special education.

1107

(3) A child who is not entitled under division (B)(2) of this	1108
section to be admitted to the schools of the district where the	1109
child resides and who is residing with a resident of this state	1110
with whom the child has been placed for adoption shall be admitted	1111
to the schools of the district where the child resides unless	1112
either of the following applies:	1113

(a) The placement for adoption has been terminated.

1114

(b) Another school district is required to admit the child	1115
under division (B)(1) of this section.	1116

Division (B) of this section does not prohibit the board of	1117
education of a school district from placing a handicapped child	1118
who resides in the district in a special education program outside	1119
of the district or its schools in compliance with Chapter 3323. of	1120
the Revised Code.	1121

(C) A district shall not charge tuition for children admitted	1122
under division (B)(1) or (3) of this section. If the district	1123
admits a child under division (B)(2) of this section, tuition	1124
shall be paid to the district that admits the child as follows:	1125

(1) If the child receives special education in accordance	1126
with Chapter 3323. of the Revised Code, tuition shall be paid in	1127
accordance with section 3323.091, 3323.13, 3323.14, or 3323.141 of	1128
the Revised Code regardless of who has custody of the child or	1129
whether the child resides in a home.	1130

(2) Except as otherwise provided in division (C)(2)(d) of	1131
this section, if the child is in the permanent or legal custody of	1132
a government agency or person other than the child's parent,	1133
tuition shall be paid by:	1134

(a) The district in which the child's parent resided at the	1135
time the court removed the child from home or at the time the	1136
court vested legal or permanent custody of the child in the person	1137
or government agency, whichever occurred first;	1138

(b) If the parent's residence at the time the court removed	1139
the child from home or placed the child in the legal or permanent	1140
custody of the person or government agency is unknown, tuition	1141
shall be paid by the district in which the child resided at the	1142
time the child was removed from home or placed in legal or	1143
permanent custody, whichever occurred first;	1144

(c) If a school district cannot be established under division	1145
(C)(2)(a) or (b) of this section, tuition shall be paid by the	1146
district determined as required by section 2151.357 of the Revised	1147
Code by the court at the time it vests custody of the child in the	1148
person or government agency;	1149

(d) If at the time the court removed the child from home or	1150
vested legal or permanent custody of the child in the person or	1151
government agency, whichever occurred first, one parent was in a	1152
residential or correctional facility or a juvenile residential	1153
placement and the other parent, if living and not in such a	1154
facility or placement, was not known to reside in this state,	1155
tuition shall be paid by the district determined under division	1156
(D) of section 3313.65 of the Revised Code as the district	1157
required to pay any tuition while the parent was in such facility	1158
or placement.	1159

(3) If the child is not in the permanent or legal custody of	1160
a government agency or person other than the child's parent and	1161
the child resides in a home, tuition shall be paid by one of the	1162
following:	1163

(a) The school district in which the child's parent resides;

1164

(b) If the child's parent is not a resident of this state,	1165
the home in which the child resides.	1166

(D) Tuition required to be paid under divisions (C)(2) and	1167
(3)(a) of this section shall be computed in accordance with	1168
section 3317.08 of the Revised Code. Tuition required to be paid	1169
under division (C)(3)(b) of this section shall be computed in	1170
accordance with section 3317.081 of the Revised Code. If a home	1171
fails to pay the tuition required by division (C)(3)(b) of this	1172
section, the board of education providing the education may	1173
recover in a civil action the tuition and the expenses incurred in	1174
prosecuting the action, including court costs and reasonable	1175
attorney's fees. If the prosecuting attorney or city director of	1176
law represents the board in such action, costs and reasonable	1177
attorney's fees awarded by the court, based upon the prosecuting	1178
attorney's, director's, or one of their designee's time spent	1179
preparing and presenting the case, shall be deposited in the	1180
county or city general fund.	1181

(E) A board of education may enroll a child free of any	1182
tuition obligation for a period not to exceed sixty days, on the	1183
sworn statement of an adult resident of the district that the	1184
resident has initiated legal proceedings for custody of the child.	1185

(F) In the case of any individual entitled to attend school	1186
under this division, no tuition shall be charged by the school	1187
district of attendance and no other school district shall be	1188
required to pay tuition for the individual's attendance.	1189
Notwithstanding division (B), (C), or (E) of this section:	1190

(1) All persons at least eighteen but under twenty-two years	1191
of age who live apart from their parents, support themselves by	1192
their own labor, and have not successfully completed the high	1193
school curriculum or the individualized education program	1194
developed for the person by the high school pursuant to section	1195
3323.08 of the Revised Code, are entitled to attend school in the	1196
district in which they reside.	1197

(2) Any child under eighteen years of age who is married is	1198
entitled to attend school in the child's district of residence.	1199

(3) A child is entitled to attend school in the district in	1200
which either of the child's parents is employed if the child has a	1201
medical condition that may require emergency medical attention.	1202
The parent of a child entitled to attend school under division	1203
(F)(3) of this section shall submit to the board of education of	1204
the district in which the parent is employed a statement from the	1205
child's physician certifying that the child's medical condition	1206
may require emergency medical attention. The statement shall be	1207
supported by such other evidence as the board may require.	1208

(4) Any child residing with a person other than the child's	1209
parent is entitled, for a period not to exceed twelve months, to	1210
attend school in the district in which that person resides if the	1211
child's parent files an affidavit with the superintendent of the	1212
district in which the person with whom the child is living resides	1213
stating all of the following:	1214

(a) That the parent is serving outside of the state in the	1215
armed services of the United States;	1216

(b) That the parent intends to reside in the district upon	1217
returning to this state;	1218

(c) The name and address of the person with whom the child is	1219
living while the parent is outside the state.	1220

(5) Any child under the age of twenty-two years who, after	1221
the death of a parent, resides in a school district other than the	1222
district in which the child attended school at the time of the	1223
parent's death is entitled to continue to attend school in the	1224
district in which the child attended school at the time of the	1225
parent's death for the remainder of the school year, subject to	1226
approval of that district board.	1227

(6) A child under the age of twenty-two years who resides	1228
with a parent who is having a new house built in a school district	1229
outside the district where the parent is residing is entitled to	1230
attend school for a period of time in the district where the new	1231
house is being built. In order to be entitled to such attendance,	1232
the parent shall provide the district superintendent with the	1233
following:	1234

(a) A sworn statement explaining the situation, revealing the	1235
location of the house being built, and stating the parent's	1236
intention to reside there upon its completion;	1237

(b) A statement from the builder confirming that a new house	1238
is being built for the parent and that the house is at the	1239
location indicated in the parent's statement.	1240

(7) A child under the age of twenty-two years residing with a	1241
parent who has a contract to purchase a house in a school district	1242
outside the district where the parent is residing and who is	1243
waiting upon the date of closing of the mortgage loan for the	1244
purchase of such house is entitled to attend school for a period	1245
of time in the district where the house is being purchased. In	1246
order to be entitled to such attendance, the parent shall provide	1247
the district superintendent with the following:	1248

(a) A sworn statement explaining the situation, revealing the	1249
location of the house being purchased, and stating the parent's	1250
intent to reside there;	1251

(b) A statement from a real estate broker or bank officer	1252
confirming that the parent has a contract to purchase the house,	1253
that the parent is waiting upon the date of closing of the	1254
mortgage loan, and that the house is at the location indicated in	1255
the parent's statement.	1256

The district superintendent shall establish a period of time	1257
not to exceed ninety days during which the child entitled to	1258
attend school under division (F)(6) or (7) of this section may	1259
attend without tuition obligation. A student attending a school	1260
under division (F)(6) or (7) of this section shall be eligible to	1261
participate in interscholastic athletics under the auspices of	1262
that school, provided the board of education of the school	1263
district where the student's parent resides, by a formal action,	1264
releases the student to participate in interscholastic athletics	1265
at the school where the student is attending, and provided the	1266
student receives any authorization required by a public agency or	1267
private organization of which the school district is a member	1268
exercising authority over interscholastic sports.	1269

(8) A child whose parent is a full-time employee of a city,	1270
local, or exempted village school district, or of an educational	1271
service center, may be admitted to the schools of the district	1272
where the child's parent is employed, or in the case of a child	1273
whose parent is employed by an educational service center, in the	1274
district that serves the location where the parent's job is	1275
primarily located, provided the district board of education	1276
establishes such an admission policy by resolution adopted by a	1277
majority of its members. Any such policy shall take effect on the	1278
first day of the school year and the effective date of any	1279
amendment or repeal may not be prior to the first day of the	1280
subsequent school year. The policy shall be uniformly applied to	1281
all such children and shall provide for the admission of any such	1282
child upon request of the parent. No child may be admitted under	1283
this policy after the first day of classes of any school year.	1284

(9) A child who is with the child's parent under the care of	1285
a shelter for victims of domestic violence, as defined in section	1286
3113.33 of the Revised Code, is entitled to attend school free in	1287
the district in which the child is with the child's parent, and no	1288
other school district shall be required to pay tuition for the	1289
child's attendance in that school district.	1290

The enrollment of a child in a school district under this	1291
division shall not be denied due to a delay in the school	1292
district's receipt of any records required under section 3313.672	1293
of the Revised Code or any other records required for enrollment.	1294
Any days of attendance and any credits earned by a child while	1295
enrolled in a school district under this division shall be	1296
transferred to and accepted by any school district in which the	1297
child subsequently enrolls. The state board of education shall	1298
adopt rules to ensure compliance with this division.	1299

(10) Any child under the age of twenty-two years whose parent	1300
has moved out of the school district after the commencement of	1301
classes in the child's senior year of high school is entitled,	1302
subject to the approval of that district board, to attend school	1303
in the district in which the child attended school at the time of	1304
the parental move for the remainder of the school year and for one	1305
additional semester or equivalent term. A district board may also	1306
adopt a policy specifying extenuating circumstances under which a	1307
student may continue to attend school under division (F)(10) of	1308
this section for an additional period of time in order to	1309
successfully complete the high school curriculum for the	1310
individualized education program developed for the student by the	1311
high school pursuant to section 3323.08 of the Revised Code.	1312

(11) As used in this division, "grandparent" means a parent	1313
of a parent of a child. A child under the age of twenty-two years	1314
who is in the custody of the child's parent, resides with a	1315
grandparent, and does not require special education is entitled to	1316
attend the schools of the district in which the child's	1317
grandparent resides, provided that, prior to such attendance in	1318
any school year, the board of education of the school district in	1319
which the child's grandparent resides and the board of education	1320
of the school district in which the child's parent resides enter	1321
into a written agreement specifying that good cause exists for	1322
such attendance, describing the nature of this good cause, and	1323
consenting to such attendance.	1324

In lieu of a consent form signed by a parent, a board of	1325
education may request the grandparent of a child attending school	1326
in the district in which the grandparent resides pursuant to	1327
division (F)(11) of this section to complete any consent form	1328
required by the district, including any authorization required by	1329
sections 3313.712, 3313.713, and 3313.716 of the Revised Code.	1330
Upon request, the grandparent shall complete any consent form	1331
required by the district. A school district shall not incur any	1332
liability solely because of its receipt of a consent form from a	1333
grandparent in lieu of a parent.	1334

Division (F)(11) of this section does not create, and shall	1335
not be construed as creating, a new cause of action or substantive	1336
legal right against a school district, a member of a board of	1337
education, or an employee of a school district. This section does	1338
not affect, and shall not be construed as affecting, any	1339
immunities from defenses to tort liability created or recognized	1340
by Chapter 2744. of the Revised Code for a school district,	1341
member, or employee.	1342

(12) A child under the age of twenty-two years is entitled to	1343
attend school in a school district other than the district in	1344
which the child is entitled to attend school under division (B),	1345
(C), or (E) of this section provided that, prior to such	1346
attendance in any school year, both of the following occur:	1347

(a) The superintendent of the district in which the child is	1348
entitled to attend school under division (B), (C), or (E) of this	1349
section contacts the superintendent of another district for	1350
purposes of this division;	1351

(b) The superintendents of both districts enter into a	1352
written agreement that consents to the attendance and specifies	1353
that the purpose of such attendance is to protect the student's	1354
physical or mental well-being or to deal with other extenuating	1355
circumstances deemed appropriate by the superintendents.	1356

While an agreement is in effect under this division for a	1357
student who is not receiving special education under Chapter 3323.	1358
of the Revised Code and notwithstanding Chapter 3327. of the	1359
Revised Code, the board of education of neither school district	1360
involved in the agreement is required to provide transportation	1361
for the student to and from the school where the student attends.	1362

A student attending a school of a district pursuant to this	1363
division shall be allowed to participate in all student	1364
activities, including interscholastic athletics, at the school	1365
where the student is attending on the same basis as any student	1366
who has always attended the schools of that district while of	1367
compulsory school age.	1368

(13) All school districts shall comply with the	1369
"McKinney-Vento Homeless Assistance Act," 42 U.S.C.A. 11431 et	1370
seq., for the education of homeless children. Each city, local,	1371
and exempted village school district shall comply with the	1372
requirements of that act governing the provision of a free,	1373
appropriate public education, including public preschool, to each	1374
homeless child.	1375

When a child loses permanent housing and becomes a homeless	1376
person, as defined in 42 U.S.C.A. 11481(5), or when a child who is	1377
such a homeless person changes temporary living arrangements, the	1378
child's parent or guardian shall have the option of enrolling the	1379
child in either of the following:	1380

(a) The child's school of origin, as defined in 42 U.S.C.A.	1381
11432(g)(3)(C);	1382

(b) The school that is operated by the school district in	1383
which the shelter where the child currently resides is located and	1384
that serves the geographic area in which the shelter is located.	1385

(G) A board of education, after approving admission, may	1386
waive tuition for students who will temporarily reside in the	1387
district and who are either of the following:	1388

(1) Residents or domiciliaries of a foreign nation who	1389
request admission as foreign exchange students;	1390

(2) Residents or domiciliaries of the United States but not	1391
of Ohio who request admission as participants in an exchange	1392
program operated by a student exchange organization.	1393

(H) Pursuant to sections 3311.211, 3313.90, 3319.01, 3323.04,	1394
3327.04, and 3327.06 of the Revised Code, a child may attend	1395
school or participate in a special education program in a school	1396
district other than in the district where the child is entitled to	1397
attend school under division (B) of this section.	1398

(I)(1) Notwithstanding anything to the contrary in this	1399
section or section 3313.65 of the Revised Code, a child under	1400
twenty-two years of age may attend school in the school district	1401
in which the child, at the end of the first full week of October	1402
of the school year, was entitled to attend school as otherwise	1403
provided under this section or section 3313.65 of the Revised	1404
Code, if at that time the child was enrolled in the schools of the	1405
district but since that time the child or the child's parent has	1406
relocated to a new address located outside of that school district	1407
and within the same county as the child's or parent's address	1408
immediately prior to the relocation. The child may continue to	1409
attend school in the district, and at the school to which the	1410
child was assigned at the end of the first full week of October of	1411
the current school year, for the balance of the school year.	1412
Division (I)(1) of this section applies only if both of the	1413
following conditions are satisfied:	1414

(a) The board of education of the school district in which	1415
the child was entitled to attend school at the end of the first	1416
full week in October and of the district to which the child or	1417
child's parent has relocated each has adopted a policy to enroll	1418
children described in division (I)(1) of this section.	1419

(b) The child's parent provides written notification of the	1420
relocation outside of the school district to the superintendent of	1421
each of the two school districts.	1422

(2) At the beginning of the school year following the school	1423
year in which the child or the child's parent relocated outside of	1424
the school district as described in division (I)(1) of this	1425
section, the child is not entitled to attend school in the school	1426
district under that division.	1427

(3) Any person or entity owing tuition to the school district	1428
on behalf of the child at the end of the first full week in	1429
October, as provided in division (C) of this section, shall	1430
continue to owe such tuition to the district for the child's	1431
attendance under division (I)(1) of this section for the lesser of	1432
the balance of the school year or the balance of the time that the	1433
child attends school in the district under division (I)(1) of this	1434
section.	1435

(4) A pupil who may attend school in the district under	1436
division (I)(1) of this section shall be entitled to	1437
transportation services pursuant to an agreement between the	1438
district and the district in which the child or child's parent has	1439
relocated unless the districts have not entered into such	1440
agreement, in which case the child shall be entitled to	1441
transportation services in the same manner as a pupil attending	1442
school in the district under interdistrict open enrollment as	1443
described in division (H) of section 3313.981 of the Revised Code,	1444
regardless of whether the district has adopted an open enrollment	1445
policy as described in division (B)(1)(b) or (c) of section	1446
3313.98 of the Revised Code.	1447

(J) This division does not apply to a child receiving special	1448
education.	1449

A school district required to pay tuition pursuant to	1450
division (C)(2) or (3) of this section or section 3313.65 of the	1451
Revised Code shall have an amount deducted under division (F) of	1452
section 3317.023 of the Revised Code equal to its own tuition rate	1453
for the same period of attendance. A school district entitled to	1454
receive tuition pursuant to division (C)(2) or (3) of this section	1455
or section 3313.65 of the Revised Code shall have an amount	1456
credited under division (F) of section 3317.023 of the Revised	1457
Code equal to its own tuition rate for the same period of	1458
attendance. If the tuition rate credited to the district of	1459
attendance exceeds the rate deducted from the district required to	1460
pay tuition, the department of education shall pay the district of	1461
attendance the difference from amounts deducted from all	1462
districts' payments under division (F) of section 3317.023 of the	1463
Revised Code but not credited to other school districts under such	1464
division and from appropriations made for such purpose. The	1465
treasurer of each school district shall, by the fifteenth day of	1466
January and July, furnish the superintendent of public instruction	1467
a report of the names of each child who attended the district's	1468
schools under divisions (C)(2) and (3) of this section or section	1469
3313.65 of the Revised Code during the preceding six calendar	1470
months, the duration of the attendance of those children, the	1471
school district responsible for tuition on behalf of the child,	1472
and any other information that the superintendent requires.	1473

Upon receipt of the report the superintendent, pursuant to	1474
division (F) of section 3317.023 of the Revised Code, shall deduct	1475
each district's tuition obligations under divisions (C)(2) and (3)	1476
of this section or section 3313.65 of the Revised Code and pay to	1477
the district of attendance that amount plus any amount required to	1478
be paid by the state.	1479

(K) In the event of a disagreement, the superintendent of	1480
public instruction shall determine the school district in which	1481
the parent resides.	1482

(L) Nothing in this section requires or authorizes, or shall	1483
be construed to require or authorize, the admission to a public	1484
school in this state of a pupil who has been permanently excluded	1485
from public school attendance by the superintendent of public	1486
instruction pursuant to sections 3301.121 and 3313.662 of the	1487
Revised Code.	1488

(M) In accordance with division (B)(1) of this section, a	1489
child whose parent is a member of the national guard or a reserve	1490
unit of the armed forces of the United States and is called into	1491
active duty, or a child whose parent is a member of the armed	1492
forces of the United States and is ordered to a temporary duty	1493
assignment outside of the district, may continue to attend school	1494
in the district in which the child's parent lived before being	1495
called into active duty or ordered to a temporary duty assignment	1496
outside of the district, as long as the child's parent continues	1497
to be a resident of that district, and regardless of where the	1498
child lives as a result of the parent's active duty status or	1499
temporary duty assignment. However, the district is not	1500
responsible for providing transportation for the child if the	1501
child lives outside of the district as a result of the parent's	1502
active duty status or temporary duty assignment. As used in this	1503
division, "active duty" means active duty pursuant to an executive	1504
order of the president of the United States, an act of the	1505
congress of the United States, or section 5919.29 or 5923.21 of	1506
the Revised Code.	1507

Sec. 3332.20. As used in this section, "active duty" means	1508
full-time duty in the active military service of the United	1509
States, including full-time training duty, annual training duty,	1510
and active state duty for members of the national guard.	1511

(A) Each institution that holds a certificate of registration	1512
from the state board of career colleges and schools under this	1513
chapter shall grant a student a military leave of absence from the	1514
institution while the student is serving on active duty, and for	1515
one year after the conclusion of that service, if the student is a	1516
member of the United States national guard or other reserve	1517
component of the armed forces of the United States, or a member of	1518
those armed forces in a retired status, and is called to active	1519
duty. The student shall not suffer an academic penalty as a result	1520
of the leave of absence.	1521

(B) If requested by a student granted a military leave of	1522
absence pursuant to division (A) of this section not later than	1523
one year after the student's release from active duty, the	1524
institution in which the student is enrolled shall do either of	1525
the following, as elected by the student:	1526

(1) Credit tuition and fee charges toward a subsequent	1527
academic term in an amount that is one hundred per cent of what	1528
the student paid the institution for the academic term in which	1529
the student withdraws;	1530

(2) Refund tuition and fees paid for the academic term,	1531
provided the student withdraws before the withdraw date	1532
established by the institution. The refund shall equal one hundred	1533
per cent of the tuition and fee charges the student paid the	1534
institution for the academic term. If the student withdraws after	1535
the withdraw date established by the institution, the student is	1536
ineligible for a refund of tuition and fee charges. For the	1537
purposes of this section, the "withdraw date" shall be the same as	1538
the date set by the institution for its general student population	1539
to withdraw from the institution or a course or class without	1540
academic penalty.	1541

(C) If requested by a student granted a military leave of	1542
absence pursuant to division (A) of this section not later than	1543
one year after the student's release from active duty, the	1544
institution shall restore the student to the educational status	1545
the student had attained prior to being called to active duty	1546
without loss of academic credits earned, scholarships or grants	1547
awarded, or tuition and other fees paid prior to the commencement	1548
of active duty, except as provided in division (B) of this	1549
section.	1550

(D) If an institution fails to comply with this section, the	1551
student may bring an action against the institution to enforce its	1552
provisions in the court of common pleas of the county in which the	1553
student resides. If the student resides outside of this state, the	1554
action shall be brought in the court of common pleas of the county	1555
in which the campus of the institution previously attended by the	1556
student is located. The court may award reasonable attorney's fees	1557
and expenses if the student prevails in the action.	1558

Sec. 3345.53. As used in this section, "active duty" means	1559
full-time duty in the active military service of the United	1560
States, including full-time training duty, annual training duty,	1561
and active state duty for members of the national guard.	1562

(A) Each state institution of higher education, as defined in	1563
section 3345.011 of the Revised Code, shall grant a student a	1564
military leave of absence from the institution while the student	1565
is serving on active duty, and for one year after the conclusion	1566
of that service, if the student is a member of the United States	1567
national guard or other reserve component of the armed forces of	1568
the United States, or a member of those armed forces in a retired	1569
status, and is called to active duty. The student shall not suffer	1570
an academic penalty as a result of the leave of absence.	1571

(B) If requested by a student granted a military leave of	1572
absence pursuant to division (A) of this section not later than	1573
one year after the student's release from active duty, the state	1574
institution of higher education in which the student is enrolled	1575
shall do either of the following, as elected by the student:	1576

(1) Credit tuition and fee charges toward a subsequent	1577
academic term in an amount that is one hundred per cent of what	1578
the student paid the institution for the academic term in which	1579
the student withdraws;	1580

(2) Refund tuition and fees paid for the academic term,	1581
provided the student withdraws before the withdraw date	1582
established by the institution. The refund shall equal one hundred	1583
per cent of the tuition and fee charges the student paid the	1584
institution for the academic term. If the student withdraws after	1585
the withdraw date established by the institution, the student is	1586
ineligible for a refund of tuition and fee charges. For the	1587
purposes of this section, the "withdraw date" shall be the same as	1588
the date set by the institution for its general student population	1589
to withdraw from the institution or a course or class without	1590
academic penalty.	1591

(C) If requested by a student granted a military leave of	1592
absence pursuant to division (A) of this section not later than	1593
one year after the student's release from active duty, the state	1594
institution of higher education shall restore the student to the	1595
educational status the student had attained prior to being called	1596
to active duty without loss of academic credits earned,	1597
scholarships or grants awarded, or tuition and other fees paid	1598
prior to the commencement of active duty, except as provided in	1599
division (B) of this section.	1600

(D) If a state institution of higher education fails to	1601
comply with this section, the student may bring an action against	1602
the institution to enforce its provisions in the court of claims.	1603
The court may award reasonable attorney's fees and expenses if the	1604
student prevails in the action.	1605

Sec. 3915.05.  No policy of life insurance shall be issued or	1606
delivered in this state or be issued by a life insurance company	1607
organized under the laws of this state unless such policy	1608
contains:	1609

(A) A provision that all premiums shall be payable in	1610
advance, either at the home office of the company or to an agent	1611
of the company, upon delivery of a receipt signed by one or more	1612
of the officers named in the policy;	1613

(B) A provision for a grace of one month for the payment of	1614
every premium after the first, which extension period may be	1615
subject to an interest charge and during which month the insurance	1616
shall continue in force, which provision may contain a stipulation	1617
that if the insured dies during the month of grace the overdue	1618
premium will be deducted in any settlement under the policy;	1619

(C) A provision that the policy and the application therefor,	1620
a copy of which application must be indorsed on the policy, shall	1621
constitute the entire contract between the parties and shall be	1622
incontestable after it has been in force during the lifetime of	1623
the insured for a period of not more than two years from its date,	1624
except for nonpayment of premiums, except for violations of the	1625
conditions relating to naval or military service in time of war or	1626
to aeronautics, and except at the option of the company, with	1627
respect to provisions relative to benefits in the event of total	1628
and permanent disability and provisions which grant additional	1629
insurance specifically against death by accident or by accidental	1630
means;	1631

(D) A provision that all statements made by the insured in	1632
the application shall, in the absence of fraud, be deemed	1633
representations and not warranties;	1634

(E) A provision that if the age of the insured has been	1635
understated the amount payable under the policy shall be such as	1636
the premium would have purchased at the correct age;	1637

(F) A provision that the policy shall participate in the	1638
surplus of the company and that, beginning not later than the end	1639
of the third policy year, the company will annually determine and	1640
account for the portion of the divisible surplus accruing on the	1641
policy, and that the owner of the policy has the right each year	1642
to have the current dividend arising from such participation paid	1643
in cash or applied to the purchase of paid-up additions, and if	1644
the policy provides other dividend options, it shall further	1645
provide that if the owner of the policy does not elect any such	1646
other option the dividend shall be applied to the purchase of	1647
paid-up additions.	1648

In lieu of such provision, the policy may contain a provision	1649
that:	1650

(1) The policy shall participate in the surplus of the	1651
company;	1652

(2) Beginning not later than the end of the fifth policy	1653
year, the company will determine and account for the portion of	1654
the divisible surplus accruing on the policy;	1655

(3) The owner of the policy has the right to have the current	1656
dividend arising from such participation paid in cash;	1657

(4) Such accounting and payment shall be had at periods of	1658
not more than five years, at the option of the policyholder.	1659

Renewable term policies of ten years or less may provide that	1660
the surplus accruing to such policies shall be determined and	1661
apportioned each year after the second policy year and accumulated	1662
during each renewal period, and that at the end of any renewal	1663
period, on renewal of the policy by the insured, the company shall	1664
apply the accumulated surplus as an annuity for the next	1665
succeeding renewal term in the reduction of premiums.	1666

The provisions described in this division are not required in	1667
nonparticipating policies.	1668

(G) A provision that after three full years' premiums have	1669
been paid, the company, at any time while the policy is in force,	1670
will advance, on proper assignment of the policy and on the sole	1671
security thereof, at a rate of interest calculated pursuant to	1672
section 3915.051 of the Revised Code, a sum equal to, or at the	1673
option of the owner of the policy, less than, the amount required	1674
by section 3915.08 of the Revised Code under the conditions	1675
specified in saidthat section, and that the company will deduct	1676
from such loan value any indebtedness not already deducted in	1677
determining such value and any unpaid balance of the premium for	1678
the current policy year, and may collect interest in advance on	1679
the loan to the end of the current policy year. It shall be	1680
further stipulated in the policy that failure to repay any such	1681
advance or to pay interest does not avoidvoid the policy unless	1682
the total indebtedness thereon to the company equals or exceeds	1683
such loan value at the time of such failure nor until one month	1684
after notice has been mailed by the company to the last known	1685
address of insured and of the assignee.	1686

No conditions, other than as provided in this division or in	1687
section 3915.08 of the Revised Code, shall be exacted as a	1688
prerequisite to any such advance.	1689

This provision is not required in term insurance nor does it	1690
apply to any form of insurance granted as a nonforfeiture benefit.	1691

(H) A provision for nonforfeiture benefits and cash surrender	1692
values in accordance with the requirements of section 3915.06,	1693
3915.07, or 3915.071 of the Revised Code;	1694

(I) Except for policies which guarantee unscheduled changes	1695
in benefits upon the happening of specified events or upon the	1696
exercise of an option without change to a new policy, a table	1697
showing in figures the loan values and the options available under	1698
the policies each year upon default in premium payments, during at	1699
least the first twenty years of the policy;	1700

(J) A provision that if, in the event of default in premium	1701
payments, the value of the policy is applied to the purchase of	1702
other insurance, and if such insurance is in force and the	1703
original policy has not been surrendered to the company and	1704
canceled, the policy may be reinstated within three years from	1705
such default, upon evidence of insurability satisfactory to the	1706
company and payment of arrears of premiums with interest;	1707

(K) A provision that when a policy becomes a claim by the	1708
death of the insured, settlement shall be made upon receipt of due	1709
proof of death, or not later than two months after receipt of such	1710
proof;	1711

(L) A table showing the amounts of installments in which the	1712
policy provides its proceeds may be payable;	1713

(M) A title on its face and back, correctly describing such	1714
policy;	1715

(N) Notwithstanding division (C) of this section, a provision	1716
that the policy shall not lapse or be voided for nonpayment of	1717
premiums while the insured, a reservist as defined in section	1718
3923.381 of the Revised Code, is on active duty as a result of	1719
being called or ordered to active duty pursuant to an executive	1720
order of the president of the United States, an act of the	1721
congress of the United States, or section 5919.29 or 5923.21 of	1722
the Revised Code. The policy remains in force during the insured's	1723
period of active duty, and shall continue in force thereafter, if	1724
all premiums due on the policy at the end of the insured's period	1725
of active duty are paid within forty-five days after the end of	1726
the insured's active duty. The company may enforce policy	1727
provisions relating to naval or military service in time of war.	1728

Any of the provisions described in this section or portions	1729
thereof, relating to premiums not applicable to single premium	1730
policies, shall to that extent not be incorporated in such	1731
policies.	1732

Sec. 3917.06.  No policy of group life insurance shall be	1733
issued or delivered in this state until a copy of its form has	1734
been filed with the superintendent of insurance and formally	1735
approved by the superintendent; nor shall such policy be so issued	1736
or delivered unless it contains in substance the following	1737
provisions:	1738

(A) A provision that the policyholder is entitled to a grace	1739
period of thirty-one days for the payment of any premiums due	1740
except the first during which grace period the death benefit	1741
coverage shall continue in force, unless the policyholder has	1742
given the insurer written notice of discontinuance in advance of	1743
the date of discontinuance and in accordance with the terms of the	1744
policy; the policy may provide that the policyholder is liable to	1745
the insurer for the payment of a pro rata premium for the time the	1746
policy was in force during such grace period;	1747

(B) A provision that the policy is incontestable after two	1748
years from its date of issue, except for nonpayment of premiums	1749
and except for violation of the conditions of the policy relating	1750
to military or naval service in time of war;	1751

(C) A provision that the policy and the application submitted	1752
in connection therewith constitute the entire contract between the	1753
parties, and that all statements contained in such application are	1754
deemed, in the absence of fraud, representations and not	1755
warranties, and that no such statement shall be used in defense to	1756
a claim under the policy, unless it is contained in a written	1757
application;	1758

(D) A provision for the equitable adjustment of the premium	1759
or the amount of insurance payable in the event of a misstatement	1760
of the age of an employee or other person whose life is insured	1761
under a group life policy;	1762

(E) Except in the case of a policy described in division	1763
(B)(4) of section 3917.01 of the Revised Code, a provision that	1764
the company will issue to the policyholder for delivery to each	1765
person whose life is insured under such policy, an individual	1766
certificate setting forth a statement as to the insurance	1767
protection to which the person is entitled, to whom payable,	1768
together with provision to the effect that in case of the	1769
termination of the employment for any reason or of membership in	1770
the classes eligible for insurance under the policy, such person	1771
is entitled to have issued to the person by the company, without	1772
evidence of insurability, and upon application made to the company	1773
within thirty-one days after such termination, and upon the	1774
payment of the premium applicable to the class of risk to which	1775
the person belongs and to the form and amount of the policy at the	1776
person's then attained age, either a policy of life insurance in	1777
any one of the forms customarily issued by the company, except	1778
term insurance, in any amount not in excess of the amount of the	1779
person's protection under the group insurance policy at the time	1780
of the termination, as the person elects or, if applicable, the	1781
coverage described in division (B)(12) of section 3917.01 of the	1782
Revised Code;	1783

(F) A provision that if the group policy terminates or is	1784
amended so as to terminate the insurance of any class of insured	1785
persons, every person insured thereunder at the date of such	1786
termination whose insurance terminates and who has been so insured	1787
for at least five years prior to such termination date is entitled	1788
to have issued to the person by the insurer an individual policy	1789
of life insurance, subject to the same conditions as are provided	1790
by division (E) of this section, except that the group policy may	1791
provide that the amount of such individual policy shall not exceed	1792
the smaller of (1) the amount of the person's life insurance	1793
protection ceasing because of the termination or amendment of the	1794
group policy, less the amount of any life insurance for which the	1795
person is or becomes eligible under any group policy issued or	1796
reinstated by the same or another insurer within thirty-one days	1797
after such termination, and (2) two thousand dollars;	1798

(G) A provision that if a person insured under the group	1799
policy dies during the period within which the person would have	1800
been entitled to have an individual policy issued to the person in	1801
accordance with division (E) or (F) of this section, and before	1802
such an individual policy has become effective, the amount of life	1803
insurance which the person would have been entitled to have issued	1804
to the person under such individual policy shall be payable as a	1805
claim under the group policy, whether or not application for the	1806
individual policy or the payment of the first premium therefor has	1807
been made;	1808

(H) A provision that to the group or class of persons	1809
originally insured there shall be added from time to time all new	1810
employees of the employer or other persons eligible to insurance	1811
in such group or class;	1812

(I) In the case of a policy issued to a labor union covering	1813
all members of the union, a notice that the annual renewable term	1814
premium depends upon the attained ages of the members in the group	1815
and increases with advancing ages;	1816

(J) Notwithstanding division (B) of this section, a provision	1817
that the policy shall not lapse or be voided for nonpayment of	1818
premiums while the insured, a reservist as defined in section	1819
3923.381 of the Revised Code, is on active duty as a result of	1820
being called or ordered to active duty pursuant to an executive	1821
order of the president of the United States, an act of the	1822
congress of the United States, or section 5919.29 or 5923.21 of	1823
the Revised Code. The policy remains in force during the insured's	1824
period of active duty, and shall continue in force thereafter, if	1825
all premiums due on the policy at the end of the insured's period	1826
of active duty are paid within forty-five days after the end of	1827
the insured's active duty. The company may enforce policy	1828
provisions relating to naval or military service in time of war.	1829

Policies of group life insurance, when issued in this state	1830
by any company not organized under the laws of this state, may	1831
contain, when issued, any provision required by the law of the	1832
state, territory, or district of the United States under which the	1833
company is organized; and policies issued in other states or	1834
countries by companies organized in this state, may contain any	1835
provision required or permitted by the laws of the state,	1836
territory, district, or country in which the same are issued. Any	1837
such policy may be issued or delivered in this state which in the	1838
opinion of the superintendent contains provisions on any one or	1839
more of the requirements of this section more favorable to the	1840
policyholder or to the person whose life is insured under such	1841
policy than such requirements.	1842

The group life insurance policy together with any application	1843
in connection therewith shall be available for inspection during	1844
regular business hours at the office of the policyholder where	1845
such policy is on file, by any beneficiary thereunder or by an	1846
authorized representative of such beneficiary.	1847

Except as provided in sections 3917.01 to 3917.06 of the	1848
Revised Code, no contract of life insurance shall be made covering	1849
a group in this state.	1850

Sec. 4112.01.  (A) As used in this chapter:

1851

(1) "Person" includes one or more individuals, partnerships,	1852
associations, organizations, corporations, legal representatives,	1853
trustees, trustees in bankruptcy, receivers, and other organized	1854
groups of persons. "Person" also includes, but is not limited to,	1855
any owner, lessor, assignor, builder, manager, broker,	1856
salesperson, appraiser, agent, employee, lending institution, and	1857
the state and all political subdivisions, authorities, agencies,	1858
boards, and commissions of the state.	1859

(2) "Employer" includes the state, any political subdivision	1860
of the state, any person employing four or more persons within the	1861
state, and any person acting directly or indirectly in the	1862
interest of an employer.	1863

(3) "Employee" means an individual employed by any employer	1864
but does not include any individual employed in the domestic	1865
service of any person.	1866

(4) "Labor organization" includes any organization that	1867
exists, in whole or in part, for the purpose of collective	1868
bargaining or of dealing with employers concerning grievances,	1869
terms or conditions of employment, or other mutual aid or	1870
protection in relation to employment.	1871

(5) "Employment agency" includes any person regularly	1872
undertaking, with or without compensation, to procure	1873
opportunities to work or to procure, recruit, refer, or place	1874
employees.	1875

(6) "Commission" means the Ohio civil rights commission	1876
created by section 4112.03 of the Revised Code.	1877

(7) "Discriminate" includes segregate or separate.

1878

(8) "Unlawful discriminatory practice" means any act	1879
prohibited by section 4112.02, 4112.021, or 4112.022 of the	1880
Revised Code.	1881

(9) "Place of public accommodation" means any inn,	1882
restaurant, eating house, barbershop, public conveyance by air,	1883
land, or water, theater, store, other place for the sale of	1884
merchandise, or any other place of public accommodation or	1885
amusement of which the accommodations, advantages, facilities, or	1886
privileges are available to the public.	1887

(10) "Housing accommodations" includes any building or	1888
structure, or portion of a building or structure, that is used or	1889
occupied or is intended, arranged, or designed to be used or	1890
occupied as the home residence, dwelling, dwelling unit, or	1891
sleeping place of one or more individuals, groups, or families	1892
whether or not living independently of each other; and any vacant	1893
land offered for sale or lease. "Housing accommodations" also	1894
includes any housing accommodations held or offered for sale or	1895
rent by a real estate broker, salesperson, or agent, by any other	1896
person pursuant to authorization of the owner, by the owner, or by	1897
the owner's legal representative.	1898

(11) "Restrictive covenant" means any specification limiting	1899
the transfer, rental, lease, or other use of any housing	1900
accommodations because of race, color, religion, sex, military	1901
status, familial status, national origin, disability, or ancestry,	1902
or any limitation based upon affiliation with or approval by any	1903
person, directly or indirectly, employing race, color, religion,	1904
sex, military status, familial status, national origin,	1905
disability, or ancestry as a condition of affiliation or approval.	1906

(12) "Burial lot" means any lot for the burial of deceased	1907
persons within any public burial ground or cemetery, including,	1908
but not limited to, cemeteries owned and operated by municipal	1909
corporations, townships, or companies or associations incorporated	1910
for cemetery purposes.	1911

(13) "Disability" means a physical or mental impairment that	1912
substantially limits one or more major life activities, including	1913
the functions of caring for one's self, performing manual tasks,	1914
walking, seeing, hearing, speaking, breathing, learning, and	1915
working; a record of a physical or mental impairment; or being	1916
regarded as having a physical or mental impairment.	1917

(14) Except as otherwise provided in section 4112.021 of the	1918
Revised Code, "age" means at least forty years old.	1919

(15) "Familial status" means either of the following:

1920

(a) One or more individuals who are under eighteen years of	1921
age and who are domiciled with a parent or guardian having legal	1922
custody of the individual or domiciled, with the written	1923
permission of the parent or guardian having legal custody, with a	1924
designee of the parent or guardian;	1925

(b) Any person who is pregnant or in the process of securing	1926
legal custody of any individual who is under eighteen years of	1927
age.	1928

(16)(a) Except as provided in division (A)(16)(b) of this	1929
section, "physical or mental impairment" includes any of the	1930
following:	1931

(i) Any physiological disorder or condition, cosmetic	1932
disfigurement, or anatomical loss affecting one or more of the	1933
following body systems: neurological; musculoskeletal; special	1934
sense organs; respiratory, including speech organs;	1935
cardiovascular; reproductive; digestive; genito-urinary; hemic and	1936
lymphatic; skin; and endocrine;	1937

(ii) Any mental or psychological disorder, including, but not	1938
limited to, mental retardation, organic brain syndrome, emotional	1939
or mental illness, and specific learning disabilities;	1940

(iii) Diseases and conditions, including, but not limited to,	1941
orthopedic, visual, speech, and hearing impairments, cerebral	1942
palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis,	1943
cancer, heart disease, diabetes, human immunodeficiency virus	1944
infection, mental retardation, emotional illness, drug addiction,	1945
and alcoholism.	1946

(b) "Physical or mental impairment" does not include any of	1947
the following:	1948

(i) Homosexuality and bisexuality;

1949

(ii) Transvestism, transsexualism, pedophilia, exhibitionism,	1950
voyeurism, gender identity disorders not resulting from physical	1951
impairments, or other sexual behavior disorders;	1952

(iii) Compulsive gambling, kleptomania, or pyromania;

1953

(iv) Psychoactive substance use disorders resulting from	1954
current illegal use of a controlled substance.	1955

(17) "Dwelling unit" means a single unit of residence for a	1956
family of one or more persons.	1957

(18) "Common use areas" means rooms, spaces, or elements	1958
inside or outside a building that are made available for the use	1959
of residents of the building or their guests, and includes, but is	1960
not limited to, hallways, lounges, lobbies, laundry rooms, refuse	1961
rooms, mail rooms, recreational areas, and passageways among and	1962
between buildings.	1963

(19) "Public use areas" means interior or exterior rooms or	1964
spaces of a privately or publicly owned building that are made	1965
available to the general public.	1966

(20) "Controlled substance" has the same meaning as in	1967
section 3719.01 of the Revised Code.	1968

(21) "Disabled tenant" means a tenant or prospective tenant	1969
who is a person with a disability.	1970

(22) "Military status" means a person's status in "service in	1971
the uniformed services" as defined in section 5903.01 of the	1972
Revised Code.	1973

(B) For the purposes of divisions (A) to (F) of section	1974
4112.02 of the Revised Code, the terms "because of sex" and "on	1975
the basis of sex" include, but are not limited to, because of or	1976
on the basis of pregnancy, any illness arising out of and	1977
occurring during the course of a pregnancy, childbirth, or related	1978
medical conditions. Women affected by pregnancy, childbirth, or	1979
related medical conditions shall be treated the same for all	1980
employment-related purposes, including receipt of benefits under	1981
fringe benefit programs, as other persons not so affected but	1982
similar in their ability or inability to work, and nothing in	1983
division (B) of section 4111.17 of the Revised Code shall be	1984
interpreted to permit otherwise. This division shall not be	1985
construed to require an employer to pay for health insurance	1986
benefits for abortion, except where the life of the mother would	1987
be endangered if the fetus were carried to term or except where	1988
medical complications have arisen from the abortion, provided that	1989
nothing in this division precludes an employer from providing	1990
abortion benefits or otherwise affects bargaining agreements in	1991
regard to abortion.	1992

Sec. 4112.02.  It shall be an unlawful discriminatory	1993
practice:	1994

(A) For any employer, because of the race, color, religion,	1995
sex, military status, national origin, disability, age, or	1996
ancestry of any person, to discharge without just cause, to refuse	1997
to hire, or otherwise to discriminate against that person with	1998
respect to hire, tenure, terms, conditions, or privileges of	1999
employment, or any matter directly or indirectly related to	2000
employment.	2001

(B) For an employment agency or personnel placement service,	2002
because of race, color, religion, sex, military status, national	2003
origin, disability, age, or ancestry, to do any of the following:	2004

(1) Refuse or fail to accept, register, classify properly, or	2005
refer for employment, or otherwise discriminate against any	2006
person;	2007

(2) Comply with a request from an employer for referral of	2008
applicants for employment if the request directly or indirectly	2009
indicates that the employer fails to comply with the provisions of	2010
sections 4112.01 to 4112.07 of the Revised Code.	2011

(C) For any labor organization to do any of the following:

2012

(1) Limit or classify its membership on the basis of race,	2013
color, religion, sex, military status, national origin,	2014
disability, age, or ancestry;	2015

(2) Discriminate against, limit the employment opportunities	2016
of, or otherwise adversely affect the employment status, wages,	2017
hours, or employment conditions of any person as an employee	2018
because of race, color, religion, sex, military status, national	2019
origin, disability, age, or ancestry.	2020

(D) For any employer, labor organization, or joint	2021
labor-management committee controlling apprentice training	2022
programs to discriminate against any person because of race,	2023
color, religion, sex, military status, national origin,	2024
disability, or ancestry in admission to, or employment in, any	2025
program established to provide apprentice training.	2026

(E) Except where based on a bona fide occupational	2027
qualification certified in advance by the commission, for any	2028
employer, employment agency, personnel placement service, or labor	2029
organization, prior to employment or admission to membership, to	2030
do any of the following:	2031

(1) Elicit or attempt to elicit any information concerning	2032
the race, color, religion, sex, military status, national origin,	2033
disability, age, or ancestry of an applicant for employment or	2034
membership;	2035

(2) Make or keep a record of the race, color, religion, sex,	2036
military status, national origin, disability, age, or ancestry of	2037
any applicant for employment or membership;	2038

(3) Use any form of application for employment, or personnel	2039
or membership blank, seeking to elicit information regarding race,	2040
color, religion, sex, military status, national origin,	2041
disability, age, or ancestry; but an employer holding a contract	2042
containing a nondiscrimination clause with the government of the	2043
United States, or any department or agency of that government, may	2044
require an employee or applicant for employment to furnish	2045
documentary proof of United States citizenship and may retain that	2046
proof in the employer's personnel records and may use photographic	2047
or fingerprint identification for security purposes;	2048

(4) Print or publish or cause to be printed or published any	2049
notice or advertisement relating to employment or membership	2050
indicating any preference, limitation, specification, or	2051
discrimination, based upon race, color, religion, sex, military	2052
status, national origin, disability, age, or ancestry;	2053

(5) Announce or follow a policy of denying or limiting,	2054
through a quota system or otherwise, employment or membership	2055
opportunities of any group because of the race, color, religion,	2056
sex, military status, national origin, disability, age, or	2057
ancestry of that group;	2058

(6) Utilize in the recruitment or hiring of persons any	2059
employment agency, personnel placement service, training school or	2060
center, labor organization, or any other employee-referring source	2061
known to discriminate against persons because of their race,	2062
color, religion, sex, military status, national origin,	2063
disability, age, or ancestry.	2064

(F) For any person seeking employment to publish or cause to	2065
be published any advertisement that specifies or in any manner	2066
indicates that person's race, color, religion, sex, military	2067
status, national origin, disability, age, or ancestry, or	2068
expresses a limitation or preference as to the race, color,	2069
religion, sex, military status, national origin, disability, age,	2070
or ancestry of any prospective employer.	2071

(G) For any proprietor or any employee, keeper, or manager of	2072
a place of public accommodation to deny to any person, except for	2073
reasons applicable alike to all persons regardless of race, color,	2074
religion, sex, military status, national origin, disability, age,	2075
or ancestry, the full enjoyment of the accommodations, advantages,	2076
facilities, or privileges of the place of public accommodation.	2077

(H) For any person to do any of the following:

2078

(1) Refuse to sell, transfer, assign, rent, lease, sublease,	2079
or finance housing accommodations, refuse to negotiate for the	2080
sale or rental of housing accommodations, or otherwise deny or	2081
make unavailable housing accommodations because of race, color,	2082
religion, sex, military status, familial status, ancestry,	2083
disability, or national origin;	2084

(2) Represent to any person that housing accommodations are	2085
not available for inspection, sale, or rental, when in fact they	2086
are available, because of race, color, religion, sex, military	2087
status, familial status, ancestry, disability, or national origin;	2088

(3) Discriminate against any person in the making or	2089
purchasing of loans or the provision of other financial assistance	2090
for the acquisition, construction, rehabilitation, repair, or	2091
maintenance of housing accommodations, or any person in the making	2092
or purchasing of loans or the provision of other financial	2093
assistance that is secured by residential real estate, because of	2094
race, color, religion, sex, military status, familial status,	2095
ancestry, disability, or national origin or because of the racial	2096
composition of the neighborhood in which the housing	2097
accommodations are located, provided that the person, whether an	2098
individual, corporation, or association of any type, lends money	2099
as one of the principal aspects or incident to the person's	2100
principal business and not only as a part of the purchase price of	2101
an owner-occupied residence the person is selling nor merely	2102
casually or occasionally to a relative or friend;	2103

(4) Discriminate against any person in the terms or	2104
conditions of selling, transferring, assigning, renting, leasing,	2105
or subleasing any housing accommodations or in furnishing	2106
facilities, services, or privileges in connection with the	2107
ownership, occupancy, or use of any housing accommodations,	2108
including the sale of fire, extended coverage, or homeowners	2109
insurance, because of race, color, religion, sex, military status,	2110
familial status, ancestry, disability, or national origin or	2111
because of the racial composition of the neighborhood in which the	2112
housing accommodations are located;	2113

(5) Discriminate against any person in the terms or	2114
conditions of any loan of money, whether or not secured by	2115
mortgage or otherwise, for the acquisition, construction,	2116
rehabilitation, repair, or maintenance of housing accommodations	2117
because of race, color, religion, sex, military status, familial	2118
status, ancestry, disability, or national origin or because of the	2119
racial composition of the neighborhood in which the housing	2120
accommodations are located;	2121

(6) Refuse to consider without prejudice the combined income	2122
of both husband and wife for the purpose of extending mortgage	2123
credit to a married couple or either member of a married couple;	2124

(7) Print, publish, or circulate any statement or	2125
advertisement, or make or cause to be made any statement or	2126
advertisement, relating to the sale, transfer, assignment, rental,	2127
lease, sublease, or acquisition of any housing accommodations, or	2128
relating to the loan of money, whether or not secured by mortgage	2129
or otherwise, for the acquisition, construction, rehabilitation,	2130
repair, or maintenance of housing accommodations, that indicates	2131
any preference, limitation, specification, or discrimination based	2132
upon race, color, religion, sex, military status, familial status,	2133
ancestry, disability, or national origin, or an intention to make	2134
any such preference, limitation, specification, or discrimination;	2135

(8) Except as otherwise provided in division (H)(8) or (17)	2136
of this section, make any inquiry, elicit any information, make or	2137
keep any record, or use any form of application containing	2138
questions or entries concerning race, color, religion, sex,	2139
military status, familial status, ancestry, disability, or	2140
national origin in connection with the sale or lease of any	2141
housing accommodations or the loan of any money, whether or not	2142
secured by mortgage or otherwise, for the acquisition,	2143
construction, rehabilitation, repair, or maintenance of housing	2144
accommodations. Any person may make inquiries, and make and keep	2145
records, concerning race, color, religion, sex, military status,	2146
familial status, ancestry, disability, or national origin for the	2147
purpose of monitoring compliance with this chapter.	2148

(9) Include in any transfer, rental, or lease of housing	2149
accommodations any restrictive covenant, or honor or exercise, or	2150
attempt to honor or exercise, any restrictive covenant;	2151

(10) Induce or solicit, or attempt to induce or solicit, a	2152
housing accommodations listing, sale, or transaction by	2153
representing that a change has occurred or may occur with respect	2154
to the racial, religious, sexual, military status, familial	2155
status, or ethnic composition of the block, neighborhood, or other	2156
area in which the housing accommodations are located, or induce or	2157
solicit, or attempt to induce or solicit, a housing accommodations	2158
listing, sale, or transaction by representing that the presence or	2159
anticipated presence of persons of any race, color, religion, sex,	2160
military status, familial status, ancestry, disability, or	2161
national origin, in the block, neighborhood, or other area will or	2162
may have results including, but not limited to, the following:	2163

(a) The lowering of property values;

2164

(b) A change in the racial, religious, sexual, military	2165
status, familial status, or ethnic composition of the block,	2166
neighborhood, or other area;	2167

(c) An increase in criminal or antisocial behavior in the	2168
block, neighborhood, or other area;	2169

(d) A decline in the quality of the schools serving the	2170
block, neighborhood, or other area.	2171

(11) Deny any person access to or membership or participation	2172
in any multiple-listing service, real estate brokers'	2173
organization, or other service, organization, or facility relating	2174
to the business of selling or renting housing accommodations, or	2175
discriminate against any person in the terms or conditions of that	2176
access, membership, or participation, on account of race, color,	2177
religion, sex, military status, familial status, national origin,	2178
disability, or ancestry;	2179

(12) Coerce, intimidate, threaten, or interfere with any	2180
person in the exercise or enjoyment of, or on account of that	2181
person's having exercised or enjoyed or having aided or encouraged	2182
any other person in the exercise or enjoyment of, any right	2183
granted or protected by division (H) of this section;	2184

(13) Discourage or attempt to discourage the purchase by a	2185
prospective purchaser of housing accommodations, by representing	2186
that any block, neighborhood, or other area has undergone or might	2187
undergo a change with respect to its religious, racial, sexual,	2188
military status, familial status, or ethnic composition;	2189

(14) Refuse to sell, transfer, assign, rent, lease, sublease,	2190
or finance, or otherwise deny or withhold, a burial lot from any	2191
person because of the race, color, sex, military status, familial	2192
status, age, ancestry, disability, or national origin of any	2193
prospective owner or user of the lot;	2194

(15) Discriminate in the sale or rental of, or otherwise make	2195
unavailable or deny, housing accommodations to any buyer or renter	2196
because of a disability of any of the following:	2197

(a) The buyer or renter;

2198

(b) A person residing in or intending to reside in the	2199
housing accommodations after they are sold, rented, or made	2200
available;	2201

(c) Any individual associated with the person described in	2202
division (H)(15)(b) of this section.	2203

(16) Discriminate in the terms, conditions, or privileges of	2204
the sale or rental of housing accommodations to any person or in	2205
the provision of services or facilities to any person in	2206
connection with the housing accommodations because of a disability	2207
of any of the following:	2208

(a) That person;

2209

(b) A person residing in or intending to reside in the	2210
housing accommodations after they are sold, rented, or made	2211
available;	2212

(c) Any individual associated with the person described in	2213
division (H)(16)(b) of this section.	2214

(17) Except as otherwise provided in division (H)(17) of this	2215
section, make an inquiry to determine whether an applicant for the	2216
sale or rental of housing accommodations, a person residing in or	2217
intending to reside in the housing accommodations after they are	2218
sold, rented, or made available, or any individual associated with	2219
that person has a disability, or make an inquiry to determine the	2220
nature or severity of a disability of the applicant or such a	2221
person or individual. The following inquiries may be made of all	2222
applicants for the sale or rental of housing accommodations,	2223
regardless of whether they have disabilities:	2224

(a) An inquiry into an applicant's ability to meet the	2225
requirements of ownership or tenancy;	2226

(b) An inquiry to determine whether an applicant is qualified	2227
for housing accommodations available only to persons with	2228
disabilities or persons with a particular type of disability;	2229

(c) An inquiry to determine whether an applicant is qualified	2230
for a priority available to persons with disabilities or persons	2231
with a particular type of disability;	2232

(d) An inquiry to determine whether an applicant currently	2233
uses a controlled substance in violation of section 2925.11 of the	2234
Revised Code or a substantively comparable municipal ordinance;	2235

(e) An inquiry to determine whether an applicant at any time	2236
has been convicted of or pleaded guilty to any offense, an element	2237
of which is the illegal sale, offer to sell, cultivation,	2238
manufacture, other production, shipment, transportation, delivery,	2239
or other distribution of a controlled substance.	2240

(18)(a) Refuse to permit, at the expense of a person with a	2241
disability, reasonable modifications of existing housing	2242
accommodations that are occupied or to be occupied by the person	2243
with a disability, if the modifications may be necessary to afford	2244
the person with a disability full enjoyment of the housing	2245
accommodations. This division does not preclude a landlord of	2246
housing accommodations that are rented or to be rented to a	2247
disabled tenant from conditioning permission for a proposed	2248
modification upon the disabled tenant's doing one or more of the	2249
following:	2250

(i) Providing a reasonable description of the proposed	2251
modification and reasonable assurances that the proposed	2252
modification will be made in a workerlike manner and that any	2253
required building permits will be obtained prior to the	2254
commencement of the proposed modification;	2255

(ii) Agreeing to restore at the end of the tenancy the	2256
interior of the housing accommodations to the condition they were	2257
in prior to the proposed modification, but subject to reasonable	2258
wear and tear during the period of occupancy, if it is reasonable	2259
for the landlord to condition permission for the proposed	2260
modification upon the agreement;	2261

(iii) Paying into an interest-bearing escrow account that is	2262
in the landlord's name, over a reasonable period of time, a	2263
reasonable amount of money not to exceed the projected costs at	2264
the end of the tenancy of the restoration of the interior of the	2265
housing accommodations to the condition they were in prior to the	2266
proposed modification, but subject to reasonable wear and tear	2267
during the period of occupancy, if the landlord finds the account	2268
reasonably necessary to ensure the availability of funds for the	2269
restoration work. The interest earned in connection with an escrow	2270
account described in this division shall accrue to the benefit of	2271
the disabled tenant who makes payments into the account.	2272

(b) A landlord shall not condition permission for a proposed	2273
modification upon a disabled tenant's payment of a security	2274
deposit that exceeds the customarily required security deposit of	2275
all tenants of the particular housing accommodations.	2276

(19) Refuse to make reasonable accommodations in rules,	2277
policies, practices, or services when necessary to afford a person	2278
with a disability equal opportunity to use and enjoy a dwelling	2279
unit, including associated public and common use areas;	2280

(20) Fail to comply with the standards and rules adopted	2281
under division (A) of section 3781.111 of the Revised Code;	2282

(21) Discriminate against any person in the selling,	2283
brokering, or appraising of real property because of race, color,	2284
religion, sex, military status, familial status, ancestry,	2285
disability, or national origin;	2286

(22) Fail to design and construct covered multifamily	2287
dwellings for first occupancy on or after June 30, 1992, in	2288
accordance with the following conditions:	2289

(a) The dwellings shall have at least one building entrance	2290
on an accessible route, unless it is impractical to do so because	2291
of the terrain or unusual characteristics of the site.	2292

(b) With respect to dwellings that have a building entrance	2293
on an accessible route, all of the following apply:	2294

(i) The public use areas and common use areas of the	2295
dwellings shall be readily accessible to and usable by persons	2296
with a disability.	2297

(ii) All the doors designed to allow passage into and within	2298
all premises shall be sufficiently wide to allow passage by	2299
persons with a disability who are in wheelchairs.	2300

(iii) All premises within covered multifamily dwelling units	2301
shall contain an accessible route into and through the dwelling;	2302
all light switches, electrical outlets, thermostats, and other	2303
environmental controls within such units shall be in accessible	2304
locations; the bathroom walls within such units shall contain	2305
reinforcements to allow later installation of grab bars; and the	2306
kitchens and bathrooms within such units shall be designed and	2307
constructed in a manner that enables an individual in a wheelchair	2308
to maneuver about such rooms.	2309

For purposes of division (H)(22) of this section, "covered	2310
multifamily dwellings" means buildings consisting of four or more	2311
units if such buildings have one or more elevators and ground	2312
floor units in other buildings consisting of four or more units.	2313

(I) For any person to discriminate in any manner against any	2314
other person because that person has opposed any unlawful	2315
discriminatory practice defined in this section or because that	2316
person has made a charge, testified, assisted, or participated in	2317
any manner in any investigation, proceeding, or hearing under	2318
sections 4112.01 to 4112.07 of the Revised Code.	2319

(J) For any person to aid, abet, incite, compel, or coerce	2320
the doing of any act declared by this section to be an unlawful	2321
discriminatory practice, to obstruct or prevent any person from	2322
complying with this chapter or any order issued under it, or to	2323
attempt directly or indirectly to commit any act declared by this	2324
section to be an unlawful discriminatory practice.	2325

(K)(1) Nothing in division (H) of this section shall bar any	2326
religious or denominational institution or organization, or any	2327
nonprofit charitable or educational organization that is operated,	2328
supervised, or controlled by or in connection with a religious	2329
organization, from limiting the sale, rental, or occupancy of	2330
housing accommodations that it owns or operates for other than a	2331
commercial purpose to persons of the same religion, or from giving	2332
preference in the sale, rental, or occupancy of such housing	2333
accommodations to persons of the same religion, unless membership	2334
in the religion is restricted on account of race, color, or	2335
national origin.	2336

(2) Nothing in division (H) of this section shall bar any	2337
bona fide private or fraternal organization that, incidental to	2338
its primary purpose, owns or operates lodgings for other than a	2339
commercial purpose, from limiting the rental or occupancy of the	2340
lodgings to its members or from giving preference to its members.	2341

(3) Nothing in division (H) of this section limits the	2342
applicability of any reasonable local, state, or federal	2343
restrictions regarding the maximum number of occupants permitted	2344
to occupy housing accommodations. Nothing in that division	2345
prohibits the owners or managers of housing accommodations from	2346
implementing reasonable occupancy standards based on the number	2347
and size of sleeping areas or bedrooms and the overall size of a	2348
dwelling unit, provided that the standards are not implemented to	2349
circumvent the purposes of this chapter and are formulated,	2350
implemented, and interpreted in a manner consistent with this	2351
chapter and any applicable local, state, or federal restrictions	2352
regarding the maximum number of occupants permitted to occupy	2353
housing accommodations.	2354

(4) Nothing in division (H) of this section requires that	2355
housing accommodations be made available to an individual whose	2356
tenancy would constitute a direct threat to the health or safety	2357
of other individuals or whose tenancy would result in substantial	2358
physical damage to the property of others.	2359

(5) Nothing in division (H) of this section pertaining to	2360
discrimination on the basis of familial status shall be construed	2361
to apply to any of the following:	2362

(a) Housing accommodations provided under any state or	2363
federal program that have been determined under the "Fair Housing	2364
Amendments Act of 1988," 102 Stat. 1623, 42 U.S.C.A. 3607, as	2365
amended, to be specifically designed and operated to assist	2366
elderly persons;	2367

(b) Housing accommodations intended for and solely occupied	2368
by persons who are sixty-two years of age or older;	2369

(c) Housing accommodations intended and operated for	2370
occupancy by at least one person who is fifty-five years of age or	2371
older per unit, as determined under the "Fair Housing Amendments	2372
Act of 1988," 102 Stat. 1623, 42 U.S.C.A. 3607, as amended.	2373

(L) Nothing in divisions (A) to (E) of this section shall be	2374
construed to require a person with a disability to be employed or	2375
trained under circumstances that would significantly increase the	2376
occupational hazards affecting either the person with a	2377
disability, other employees, the general public, or the facilities	2378
in which the work is to be performed, or to require the employment	2379
or training of a person with a disability in a job that requires	2380
the person with a disability routinely to undertake any task, the	2381
performance of which is substantially and inherently impaired by	2382
the person's disability.	2383

(M) Nothing in divisions (H)(1) to (18) of this section shall	2384
be construed to require any person selling or renting property to	2385
modify the property in any way or to exercise a higher degree of	2386
care for a person with a disability, to relieve any person with a	2387
disability of any obligation generally imposed on all persons	2388
regardless of disability in a written lease, rental agreement, or	2389
contract of purchase or sale, or to forbid distinctions based on	2390
the inability to fulfill the terms and conditions, including	2391
financial obligations, of the lease, agreement, or contract.	2392

(N) An aggrieved individual may enforce the individual's	2393
rights relative to discrimination on the basis of age as provided	2394
for in this section by instituting a civil action, within one	2395
hundred eighty days after the alleged unlawful discriminatory	2396
practice occurred, in any court with jurisdiction for any legal or	2397
equitable relief that will effectuate the individual's rights.	2398

A person who files a civil action under this division is	2399
barred, with respect to the practices complained of, from	2400
instituting a civil action under section 4112.14 of the Revised	2401
Code and from filing a charge with the commission under section	2402
4112.05 of the Revised Code.	2403

(O) With regard to age, it shall not be an unlawful	2404
discriminatory practice and it shall not constitute a violation of	2405
division (A) of section 4112.14 of the Revised Code for any	2406
employer, employment agency, joint labor-management committee	2407
controlling apprenticeship training programs, or labor	2408
organization to do any of the following:	2409

(1) Establish bona fide employment qualifications reasonably	2410
related to the particular business or occupation that may include	2411
standards for skill, aptitude, physical capability, intelligence,	2412
education, maturation, and experience;	2413

(2) Observe the terms of a bona fide seniority system or any	2414
bona fide employee benefit plan, including, but not limited to, a	2415
retirement, pension, or insurance plan, that is not a subterfuge	2416
to evade the purposes of this section. However, no such employee	2417
benefit plan shall excuse the failure to hire any individual, and	2418
no such seniority system or employee benefit plan shall require or	2419
permit the involuntary retirement of any individual, because of	2420
the individual's age except as provided for in the "Age	2421
Discrimination in Employment Act Amendment of 1978," 92 Stat. 189,	2422
29 U.S.C.A. 623, as amended by the "Age Discrimination in	2423
Employment Act Amendments of 1986," 100 Stat. 3342, 29 U.S.C.A.	2424
623, as amended.	2425

(3) Retire an employee who has attained sixty-five years of	2426
age who, for the two-year period immediately before retirement, is	2427
employed in a bona fide executive or a high policymaking position,	2428
if the employee is entitled to an immediate nonforfeitable annual	2429
retirement benefit from a pension, profit-sharing, savings, or	2430
deferred compensation plan, or any combination of those plans, of	2431
the employer of the employee, which equals, in the aggregate, at	2432
least forty-four thousand dollars, in accordance with the	2433
conditions of the "Age Discrimination in Employment Act Amendment	2434
of 1978," 92 Stat. 189, 29 U.S.C.A. 631, as amended by the "Age	2435
Discrimination in Employment Act Amendments of 1986," 100 Stat.	2436
3342, 29 U.S.C.A. 631, as amended;	2437

(4) Observe the terms of any bona fide apprenticeship program	2438
if the program is registered with the Ohio apprenticeship council	2439
pursuant to sections 4139.01 to 4139.06 of the Revised Code and is	2440
approved by the federal committee on apprenticeship of the United	2441
States department of labor.	2442

(P) Nothing in this chapter prohibiting age discrimination	2443
and nothing in division (A) of section 4112.14 of the Revised Code	2444
shall be construed to prohibit the following:	2445

(1) The designation of uniform age the attainment of which is	2446
necessary for public employees to receive pension or other	2447
retirement benefits pursuant to Chapter 145., 742., 3307., 3309.,	2448
or 5505. of the Revised Code;	2449

(2) The mandatory retirement of uniformed patrol officers of	2450
the state highway patrol as provided in section 5505.16 of the	2451
Revised Code;	2452

(3) The maximum age requirements for appointment as a patrol	2453
officer in the state highway patrol established by section 5503.01	2454
of the Revised Code;	2455

(4) The maximum age requirements established for original	2456
appointment to a police department or fire department in sections	2457
124.41 and 124.42 of the Revised Code;	2458

(5) Any maximum age not in conflict with federal law that may	2459
be established by a municipal charter, municipal ordinance, or	2460
resolution of a board of township trustees for original	2461
appointment as a police officer or firefighter;	2462

(6) Any mandatory retirement provision not in conflict with	2463
federal law of a municipal charter, municipal ordinance, or	2464
resolution of a board of township trustees pertaining to police	2465
officers and firefighters;	2466

(7) Until January 1, 1994, the mandatory retirement of any	2467
employee who has attained seventy years of age and who is serving	2468
under a contract of unlimited tenure, or similar arrangement	2469
providing for unlimited tenure, at an institution of higher	2470
education as defined in the "Education Amendments of 1980," 94	2471
Stat. 1503, 20 U.S.C.A. 1141(a).	2472

(Q)(1)(a) Except as provided in division (Q)(1)(b) of this	2473
section, for purposes of divisions (A) to (E) of this section, a	2474
disability does not include any physiological disorder or	2475
condition, mental or psychological disorder, or disease or	2476
condition caused by an illegal use of any controlled substance by	2477
an employee, applicant, or other person, if an employer,	2478
employment agency, personnel placement service, labor	2479
organization, or joint labor-management committee acts on the	2480
basis of that illegal use.	2481

(b) Division (Q)(1)(a) of this section does not apply to an	2482
employee, applicant, or other person who satisfies any of the	2483
following:	2484

(i) The employee, applicant, or other person has successfully	2485
completed a supervised drug rehabilitation program and no longer	2486
is engaging in the illegal use of any controlled substance, or the	2487
employee, applicant, or other person otherwise successfully has	2488
been rehabilitated and no longer is engaging in that illegal use.	2489

(ii) The employee, applicant, or other person is	2490
participating in a supervised drug rehabilitation program and no	2491
longer is engaging in the illegal use of any controlled substance.	2492

(iii) The employee, applicant, or other person is erroneously	2493
regarded as engaging in the illegal use of any controlled	2494
substance, but the employee, applicant, or other person is not	2495
engaging in that illegal use.	2496

(2) Divisions (A) to (E) of this section do not prohibit an	2497
employer, employment agency, personnel placement service, labor	2498
organization, or joint labor-management committee from doing any	2499
of the following:	2500

(a) Adopting or administering reasonable policies or	2501
procedures, including, but not limited to, testing for the illegal	2502
use of any controlled substance, that are designed to ensure that	2503
an individual described in division (Q)(1)(b)(i) or (ii) of this	2504
section no longer is engaging in the illegal use of any controlled	2505
substance;	2506

(b) Prohibiting the illegal use of controlled substances and	2507
the use of alcohol at the workplace by all employees;	2508

(c) Requiring that employees not be under the influence of	2509
alcohol or not be engaged in the illegal use of any controlled	2510
substance at the workplace;	2511

(d) Requiring that employees behave in conformance with the	2512
requirements established under "The Drug-Free Workplace Act of	2513
1988," 102 Stat. 4304, 41 U.S.C.A. 701, as amended;	2514

(e) Holding an employee who engages in the illegal use of any	2515
controlled substance or who is an alcoholic to the same	2516
qualification standards for employment or job performance, and the	2517
same behavior, to which the employer, employment agency, personnel	2518
placement service, labor organization, or joint labor-management	2519
committee holds other employees, even if any unsatisfactory	2520
performance or behavior is related to an employee's illegal use of	2521
a controlled substance or alcoholism;	2522

(f) Exercising other authority recognized in the "Americans	2523
with Disabilities Act of 1990," 104 Stat. 327, 42 U.S.C.A. 12101,	2524
as amended, including, but not limited to, requiring employees to	2525
comply with any applicable federal standards.	2526

(3) For purposes of this chapter, a test to determine the	2527
illegal use of any controlled substance does not include a medical	2528
examination.	2529

(4) Division (Q) of this section does not encourage,	2530
prohibit, or authorize, and shall not be construed as encouraging,	2531
prohibiting, or authorizing, the conduct of testing for the	2532
illegal use of any controlled substance by employees, applicants,	2533
or other persons, or the making of employment decisions based on	2534
the results of that type of testing.	2535

Sec. 4112.021.  (A) As used in this section:

2536

(1) "Credit" means the right granted by a creditor to a	2537
person to defer payment of a debt, to incur debt and defer its	2538
payment, or to purchase property or services and defer payment for	2539
the property or services.	2540

(2) "Creditor" means any person who regularly extends,	2541
renews, or continues credit, any person who regularly arranges for	2542
the extension, renewal, or continuation of credit, or any assignee	2543
of an original creditor who participates in the decision to	2544
extend, renew, or continue credit, whether or not any interest or	2545
finance charge is required.	2546

(3) "Credit reporting agency" means any person who, for	2547
monetary fees or dues or on a cooperative nonprofit basis,	2548
regularly assembles or evaluates credit information for the	2549
purpose of furnishing credit reports to creditors.	2550

(4) "Age" means any age of eighteen years or older.

2551

(B) It shall be an unlawful discriminatory practice:

2552

(1) For any creditor to do any of the following:

2553

(a) Discriminate against any applicant for credit in the	2554
granting, withholding, extending, or renewing of credit, or in the	2555
fixing of the rates, terms, or conditions of any form of credit,	2556
on the basis of race, color, religion, age, sex, military status,	2557
marital status, national origin, disability, or ancestry, except	2558
that this division shall not apply with respect to age in any real	2559
estate transaction between a financial institution, a dealer in	2560
intangibles, or an insurance company as defined in section 5725.01	2561
of the Revised Code and its customers;	2562

(b) Use or make any inquiry as to race, color, religion, age,	2563
sex, military status, marital status, national origin, disability,	2564
or ancestry for the purpose of limiting or specifying those	2565
persons to whom credit will be granted, except that an inquiry of	2566
marital status does not constitute discrimination for the purposes	2567
of this section if the inquiry is made for the purpose of	2568
ascertaining the creditor's rights and remedies applicable to the	2569
particular extension of credit, and except that creditors are	2570
excepted from this division with respect to any inquiry,	2571
elicitation of information, record, or form of application	2572
required of a particular creditor by any instrumentality or agency	2573
of the United States, or required of a particular creditor by any	2574
agency or instrumentality to enforce the "Civil Rights Act of	2575
1968," 82 Stat. 84, 85, 42 U.S.C.A. 3608(c);	2576

(c) Refuse to consider the sources of income of an applicant	2577
for credit, or disregard or ignore the income of an applicant, in	2578
whole or in part, on the basis of race, color, religion, age, sex,	2579
military status, marital status, disability, national origin, or	2580
ancestry;	2581

(d) Refuse to grant credit to an individual in any name that	2582
individual customarily uses, if it has been determined in the	2583
normal course of business that the creditor will grant credit to	2584
the individual;	2585

(e) Impose any special requirements or conditions, including,	2586
but not limited to, a requirement for co-obligors or	2587
reapplication, upon any applicant or class of applicants on the	2588
basis of race, color, religion, age, sex, military status, marital	2589
status, national origin, disability, or ancestry in circumstances	2590
where similar requirements or conditions are not imposed on other	2591
applicants similarly situated, unless the special requirements or	2592
conditions that are imposed with respect to age are the result of	2593
a real estate transaction exempted under division (B)(1)(a) of	2594
this section or are the result of programs that grant preferences	2595
to certain age groups administered by instrumentalities or	2596
agencies of the United States, a state, or a political subdivision	2597
of a state;	2598

(f) Fail or refuse to provide an applicant for credit a	2599
written statement of the specific reasons for rejection of the	2600
application if requested in writing by the applicant within sixty	2601
days of the rejection. The creditor shall provide the written	2602
statement of the specific reason for rejection within thirty days	2603
after receipt of a request of that nature. For purposes of this	2604
section, a statement that the applicant was rejected solely on the	2605
basis of information received from a credit reporting agency or	2606
because the applicant failed to meet the standards required by the	2607
creditor's credit scoring system, uniformly applied, shall	2608
constitute a specific reason for rejection.	2609

(g) Fail or refuse to print on or firmly attach to each	2610
application for credit, in a type size no smaller than that used	2611
throughout most of the application form, the following notice:	2612
"The Ohio laws against discrimination require that all creditors	2613
make credit equally available to all credit worthy customers, and	2614
that credit reporting agencies maintain separate credit histories	2615
on each individual upon request. The Ohio civil rights commission	2616
administers compliance with this law." This notice is not required	2617
to be included in applications that have a multi-state	2618
distribution if the notice is mailed to the applicant with the	2619
notice of acceptance or rejection of the application.	2620

(h) Fail or refuse on the basis of race, color, religion,	2621
age, sex, military status, marital status, national origin,	2622
disability, or ancestry to maintain, upon the request of the	2623
individual, a separate account for each individual to whom credit	2624
is extended;	2625

(i) Fail or refuse on the basis of race, color, religion,	2626
age, sex, military status, marital status, national origin,	2627
disability, or ancestry to maintain records on any account	2628
established after November 1, 1976, to furnish information on the	2629
accounts to credit reporting agencies in a manner that clearly	2630
designates the contractual liability for repayment as indicated on	2631
the application for the account, and, if more than one individual	2632
is contractually liable for repayment, to maintain records and	2633
furnish information in the name of each individual. This division	2634
does not apply to individuals who are contractually liable only if	2635
the primary party defaults on the account.	2636

(2) For any credit reporting agency to do any of the	2637
following:	2638

(a) Fail or refuse on the basis of race, color, religion,	2639
age, sex, military status, marital status, national origin,	2640
disability, or ancestry to maintain, upon the request of the	2641
individual, a separate file on each individual about whom	2642
information is assembled or evaluated;	2643

(b) Fail or refuse on the basis of race, color, religion,	2644
age, sex, military status, marital status, national origin,	2645
disability, or ancestry to clearly note, maintain, and report any	2646
information furnished it under division (B)(1)(i) of this section.	2647

(C) This section does not prohibit a creditor from requesting	2648
the signature of both spouses to create a valid lien, pass clear	2649
title, or waive inchoate rights to property.	2650

(D) The rights granted by this section may be enforced by	2651
aggrieved individuals by filing a civil action in a court of	2652
common pleas within one hundred eighty days after the alleged	2653
unlawful discriminatory practice occurred. Upon application by the	2654
plaintiff and in circumstances that the court considers just, the	2655
court in which a civil action under this section is brought may	2656
appoint an attorney for the plaintiff and may authorize the	2657
commencement of a civil action upon proper showing without the	2658
payment of costs. If the court finds that an unlawful	2659
discriminatory practice prohibited by this section occurred or is	2660
about to occur, the court may grant relief that it considers	2661
appropriate, including a permanent or temporary injunction,	2662
temporary restraining order, or other order, and may award to the	2663
plaintiff compensatory and punitive damages of not less than one	2664
hundred dollars, together with attorney's fees and court costs.	2665

(E) Nothing contained in this section shall bar a creditor	2666
from reviewing an application for credit on the basis of	2667
established criteria used in the normal course of business for the	2668
determination of the credit worthiness of the individual applicant	2669
for credit, including the credit history of the applicant.	2670

Sec. 4112.04.  (A) The commission shall do all of the	2671
following:	2672

(1) Establish and maintain a principal office in the city of	2673
Columbus and any other offices within the state that it considers	2674
necessary;	2675

(2) Appoint an executive director who shall serve at the	2676
pleasure of the commission and be its principal administrative	2677
officer. The executive director shall be paid a salary fixed	2678
pursuant to Chapter 124. of the Revised Code.	2679

(3) Appoint hearing examiners and other employees and agents	2680
who it considers necessary and prescribe their duties subject to	2681
Chapter 124. of the Revised Code;	2682

(4) Adopt, promulgate, amend, and rescind rules to effectuate	2683
the provisions of this chapter and the policies and practice of	2684
the commission in connection with this chapter;	2685

(5) Formulate policies to effectuate the purposes of this	2686
chapter and make recommendations to agencies and officers of the	2687
state or political subdivisions to effectuate the policies;	2688

(6) Receive, investigate, and pass upon written charges made	2689
under oath of unlawful discriminatory practices;	2690

(7) Make periodic surveys of the existence and effect of	2691
discrimination because of race, color, religion, sex, military	2692
status, familial status, national origin, disability, age, or	2693
ancestry on the enjoyment of civil rights by persons within the	2694
state;	2695

(8) Report, from time to time, but not less than once a year,	2696
to the general assembly and the governor, describing in detail the	2697
investigations, proceedings, and hearings it has conducted and	2698
their outcome, the decisions it has rendered, and the other work	2699
performed by it, which report shall include a copy of any surveys	2700
prepared pursuant to division (A)(7) of this section and shall	2701
include the recommendations of the commission as to legislative or	2702
other remedial action;	2703

(9) Prepare a comprehensive educational program, in	2704
cooperation with the department of education, for the students of	2705
the public schools of this state and for all other residents of	2706
this state that is designed to eliminate prejudice on the basis of	2707
race, color, religion, sex, military status, familial status,	2708
national origin, disability, age, or ancestry in this state, to	2709
further good will among those groups, and to emphasize the origin	2710
of prejudice against those groups, its harmful effects, and its	2711
incompatibility with American principles of equality and fair	2712
play;	2713

(10) Receive progress reports from agencies,	2714
instrumentalities, institutions, boards, commissions, and other	2715
entities of this state or any of its political subdivisions and	2716
their agencies, instrumentalities, institutions, boards,	2717
commissions, and other entities regarding affirmative action	2718
programs for the employment of persons against whom discrimination	2719
is prohibited by this chapter, or regarding any affirmative	2720
housing accommodations programs developed to eliminate or reduce	2721
an imbalance of race, color, religion, sex, military status,	2722
familial status, national origin, disability, or ancestry. All	2723
agencies, instrumentalities, institutions, boards, commissions,	2724
and other entities of this state or its political subdivisions,	2725
and all political subdivisions, that have undertaken affirmative	2726
action programs pursuant to a conciliation agreement with the	2727
commission, an executive order of the governor, any federal	2728
statute or rule, or an executive order of the president of the	2729
United States shall file progress reports with the commission	2730
annually on or before the first day of November. The commission	2731
shall analyze and evaluate the progress reports and report its	2732
findings annually to the general assembly on or before the	2733
thirtieth day of January of the year immediately following the	2734
receipt of the reports.	2735

(B) The commission may do any of the following:

2736

(1) Meet and function at any place within the state;

2737

(2) Initiate and undertake on its own motion investigations	2738
of problems of employment or housing accommodations	2739
discrimination;	2740

(3) Hold hearings, subpoena witnesses, compel their	2741
attendance, administer oaths, take the testimony of any person	2742
under oath, require the production for examination of any books	2743
and papers relating to any matter under investigation or in	2744
question before the commission, and make rules as to the issuance	2745
of subpoenas by individual commissioners.	2746

(a) In conducting a hearing or investigation, the commission	2747
shall have access at all reasonable times to premises, records,	2748
documents, individuals, and other evidence or possible sources of	2749
evidence and may examine, record, and copy the premises, records,	2750
documents, and other evidence or possible sources of evidence and	2751
take and record the testimony or statements of the individuals as	2752
reasonably necessary for the furtherance of the hearing or	2753
investigation. In investigations, the commission shall comply with	2754
the fourth amendment to the United States Constitution relating to	2755
unreasonable searches and seizures. The commission or a member of	2756
the commission may issue subpoenas to compel access to or the	2757
production of premises, records, documents, and other evidence or	2758
possible sources of evidence or the appearance of individuals, and	2759
may issue interrogatories to a respondent, to the same extent and	2760
subject to the same limitations as would apply if the subpoenas or	2761
interrogatories were issued or served in aid of a civil action in	2762
a court of common pleas.	2763

(b) Upon written application by a respondent, the commission	2764
shall issue subpoenas in its name to the same extent and subject	2765
to the same limitations as subpoenas issued by the commission.	2766
Subpoenas issued at the request of a respondent shall show on	2767
their face the name and address of the respondent and shall state	2768
that they were issued at the respondent's request.	2769

(c) Witnesses summoned by subpoena of the commission are	2770
entitled to the same witness and mileage fees as are witnesses in	2771
proceedings in a court of common pleas.	2772

(d) Within five days after service of a subpoena upon any	2773
person, the person may petition the commission to revoke or modify	2774
the subpoena. The commission shall grant the petition if it finds	2775
that the subpoena requires an appearance or attendance at an	2776
unreasonable time or place, that it requires production of	2777
evidence that does not relate to any matter before the commission,	2778
that it does not describe with sufficient particularity the	2779
evidence to be produced, that compliance would be unduly onerous,	2780
or for other good reason.	2781

(e) In case of contumacy or refusal to obey a subpoena, the	2782
commission or person at whose request it was issued may petition	2783
for its enforcement in the court of common pleas in the county in	2784
which the person to whom the subpoena was addressed resides, was	2785
served, or transacts business.	2786

(4) Create local or statewide advisory agencies and	2787
conciliation councils to aid in effectuating the purposes of this	2788
chapter. The commission may itself, or it may empower these	2789
agencies and councils to, do either or both of the following:	2790

(a) Study the problems of discrimination in all or specific	2791
fields of human relationships when based on race, color, religion,	2792
sex, military status, familial status, national origin,	2793
disability, age, or ancestry;	2794

(b) Foster through community effort, or otherwise, good will	2795
among the groups and elements of the population of the state.	2796

The agencies and councils may make recommendations to the	2797
commission for the development of policies and procedures in	2798
general. They shall be composed of representative citizens who	2799
shall serve without pay, except that reimbursement for actual and	2800
necessary traveling expenses shall be made to citizens who serve	2801
on a statewide agency or council.	2802

(5) Issue any publications and the results of investigations	2803
and research that in its judgment will tend to promote good will	2804
and minimize or eliminate discrimination because of race, color,	2805
religion, sex, military status, familial status, national origin,	2806
disability, age, or ancestry.	2807

Sec. 4112.05.  (A) The commission, as provided in this	2808
section, shall prevent any person from engaging in unlawful	2809
discriminatory practices, provided that, before instituting the	2810
formal hearing authorized by division (B) of this section, it	2811
shall attempt, by informal methods of conference, conciliation,	2812
and persuasion, to induce compliance with this chapter.	2813

(B)(1) Any person may file a charge with the commission	2814
alleging that another person has engaged or is engaging in an	2815
unlawful discriminatory practice. In the case of a charge alleging	2816
an unlawful discriminatory practice described in division (A),	2817
(B), (C), (D), (E), (F), (G), (I), or (J) of section 4112.02 or in	2818
section 4112.021 or 4112.022 of the Revised Code, the charge shall	2819
be in writing and under oath and shall be filed with the	2820
commission within six months after the alleged unlawful	2821
discriminatory practice was committed. In the case of a charge	2822
alleging an unlawful discriminatory practice described in division	2823
(H) of section 4112.02 of the Revised Code, the charge shall be in	2824
writing and under oath and shall be filed with the commission	2825
within one year after the alleged unlawful discriminatory practice	2826
was committed.	2827

(2) Upon receiving a charge, the commission may initiate a	2828
preliminary investigation to determine whether it is probable that	2829
an unlawful discriminatory practice has been or is being engaged	2830
in. The commission also may conduct, upon its own initiative and	2831
independent of the filing of any charges, a preliminary	2832
investigation relating to any of the unlawful discriminatory	2833
practices described in division (A), (B), (C), (D), (E), (F), (I),	2834
or (J) of section 4112.02 or in section 4112.021 or 4112.022 of	2835
the Revised Code. Prior to a notification of a complainant under	2836
division (B)(4) of this section or prior to the commencement of	2837
informal methods of conference, conciliation, and persuasion under	2838
that division, the members of the commission and the officers and	2839
employees of the commission shall not make public in any manner	2840
and shall retain as confidential all information that was obtained	2841
as a result of or that otherwise pertains to a preliminary	2842
investigation other than one described in division (B)(3) of this	2843
section.	2844

(3)(a) Unless it is impracticable to do so and subject to its	2845
authority under division (B)(3)(d) of this section, the commission	2846
shall complete a preliminary investigation of a charge filed	2847
pursuant to division (B)(1) of this section that alleges an	2848
unlawful discriminatory practice described in division (H) of	2849
section 4112.02 of the Revised Code, and shall take one of the	2850
following actions, within one hundred days after the filing of the	2851
charge:	2852

(i) Notify the complainant and the respondent that it is not	2853
probable that an unlawful discriminatory practice described in	2854
division (H) of section 4112.02 of the Revised Code has been or is	2855
being engaged in and that the commission will not issue a	2856
complaint in the matter;	2857

(ii) Initiate a complaint and schedule it for informal	2858
methods of conference, conciliation, and persuasion;	2859

(iii) Initiate a complaint and refer it to the attorney	2860
general with a recommendation to seek a temporary or permanent	2861
injunction or a temporary restraining order. If this action is	2862
taken, the attorney general shall apply, as expeditiously as	2863
possible after receipt of the complaint, to the court of common	2864
pleas of the county in which the unlawful discriminatory practice	2865
allegedly occurred for the appropriate injunction or order, and	2866
the court shall hear and determine the application as	2867
expeditiously as possible.	2868

(b) If it is not practicable to comply with the requirements	2869
of division (B)(3)(a) of this section within the one-hundred-day	2870
period described in that division, the commission shall notify the	2871
complainant and the respondent in writing of the reasons for the	2872
noncompliance.	2873

(c) Prior to the issuance of a complaint under division	2874
(B)(3)(a)(ii) or (iii) of this section or prior to a notification	2875
of the complainant and the respondent under division (B)(3)(a)(i)	2876
of this section, the members of the commission and the officers	2877
and employees of the commission shall not make public in any	2878
manner and shall retain as confidential all information that was	2879
obtained as a result of or that otherwise pertains to a	2880
preliminary investigation of a charge filed pursuant to division	2881
(B)(1) of this section that alleges an unlawful discriminatory	2882
practice described in division (H) of section 4112.05 of the	2883
Revised Code.	2884

(d) Notwithstanding the types of action described in	2885
divisions (B)(3)(a)(ii) and (iii) of this section, prior to the	2886
issuance of a complaint or the referral of a complaint to the	2887
attorney general and prior to endeavoring to eliminate an unlawful	2888
discriminatory practice described in division (H) of section	2889
4112.02 of the Revised Code by informal methods of conference,	2890
conciliation, and persuasion, the commission may seek a temporary	2891
or permanent injunction or a temporary restraining order in the	2892
court of common pleas of the county in which the unlawful	2893
discriminatory practice allegedly occurred.	2894

(4) If the commission determines after a preliminary	2895
investigation other than one described in division (B)(3) of this	2896
section that it is not probable that an unlawful discriminatory	2897
practice has been or is being engaged in, it shall notify any	2898
complainant under division (B)(1) of this section that it has so	2899
determined and that it will not issue a complaint in the matter.	2900
If the commission determines after a preliminary investigation	2901
other than the one described in division (B)(3) of this section	2902
that it is probable that an unlawful discriminatory practice has	2903
been or is being engaged in, it shall endeavor to eliminate the	2904
practice by informal methods of conference, conciliation, and	2905
persuasion.	2906

(5) Nothing said or done during informal methods of	2907
conference, conciliation, and persuasion under this section shall	2908
be disclosed by any member of the commission or its staff or be	2909
used as evidence in any subsequent hearing or other proceeding.	2910
If, after a preliminary investigation and the use of informal	2911
methods of conference, conciliation, and persuasion under this	2912
section, the commission is satisfied that any unlawful	2913
discriminatory practice will be eliminated, it may treat the	2914
charge involved as being conciliated and enter that disposition on	2915
the records of the commission. If the commission fails to effect	2916
the elimination of an unlawful discriminatory practice by informal	2917
methods of conference, conciliation, and persuasion under this	2918
section and to obtain voluntary compliance with this chapter, the	2919
commission shall issue and cause to be served upon any person,	2920
including the respondent against whom a complainant has filed a	2921
charge pursuant to division (B)(1) of this section, a complaint	2922
stating the charges involved and containing a notice of an	2923
opportunity for a hearing before the commission, a member of the	2924
commission, or a hearing examiner at a place that is stated in the	2925
notice and that is located within the county in which the alleged	2926
unlawful discriminatory practice has occurred or is occurring or	2927
in which the respondent resides or transacts business. The hearing	2928
shall be held not less than thirty days after the service of the	2929
complaint upon the complainant, the aggrieved persons other than	2930
the complainant on whose behalf the complaint is issued, and the	2931
respondent, unless the complainant, an aggrieved person, or the	2932
respondent elects to proceed under division (A)(2) of section	2933
4112.051 of the Revised Code when that division is applicable. If	2934
a complaint pertains to an alleged unlawful discriminatory	2935
practice described in division (H) of section 4112.02 of the	2936
Revised Code, the complaint shall notify the complainant, an	2937
aggrieved person, and the respondent of the right of the	2938
complainant, an aggrieved person, or the respondent to elect to	2939
proceed with the administrative hearing process under this section	2940
or to proceed under division (A)(2) of section 4112.051 of the	2941
Revised Code.	2942

(6) The attorney general shall represent the commission at	2943
any hearing held pursuant to division (B)(5) of this section and	2944
shall present the evidence in support of the complaint.	2945

(7) Any complaint issued pursuant to division (B)(5) of this	2946
section after the filing of a charge under division (B)(1) of this	2947
section shall be so issued within one year after the complainant	2948
filed the charge with respect to an alleged unlawful	2949
discriminatory practice.	2950

(C) Any complaint issued pursuant to division (B) of this	2951
section may be amended by the commission, a member of the	2952
commission, or the hearing examiner conducting a hearing under	2953
division (B) of this section, at any time prior to or during the	2954
hearing. The respondent has the right to file an answer or an	2955
amended answer to the original and amended complaints and to	2956
appear at the hearing in person, by attorney, or otherwise to	2957
examine and cross-examine witnesses.	2958

(D) The complainant shall be a party to a hearing under	2959
division (B) of this section, and any person who is an	2960
indispensable party to a complete determination or settlement of a	2961
question involved in the hearing shall be joined. Any person who	2962
has or claims an interest in the subject of the hearing and in	2963
obtaining or preventing relief against the unlawful discriminatory	2964
practices complained of may be permitted, in the discretion of the	2965
person or persons conducting the hearing, to appear for the	2966
presentation of oral or written arguments.	2967

(E) In any hearing under division (B) of this section, the	2968
commission, a member of the commission, or the hearing examiner	2969
shall not be bound by the Rules of Evidence but, in ascertaining	2970
the practices followed by the respondent, shall take into account	2971
all reliable, probative, and substantial statistical or other	2972
evidence produced at the hearing that may tend to prove the	2973
existence of a predetermined pattern of employment or membership,	2974
provided that nothing contained in this section shall be construed	2975
to authorize or require any person to observe the proportion that	2976
persons of any race, color, religion, sex, military status,	2977
familial status, national origin, disability, age, or ancestry	2978
bear to the total population or in accordance with any criterion	2979
other than the individual qualifications of the applicant.	2980

(F) The testimony taken at a hearing under division (B) of	2981
this section shall be under oath and shall be reduced to writing	2982
and filed with the commission. Thereafter, in its discretion, the	2983
commission, upon the service of a notice upon the complainant and	2984
the respondent that indicates an opportunity to be present, may	2985
take further testimony or hear argument.	2986

(G)(1) If, upon all reliable, probative, and substantial	2987
evidence presented at a hearing under division (B) of this	2988
section, the commission determines that the respondent has engaged	2989
in, or is engaging in, any unlawful discriminatory practice,	2990
whether against the complainant or others, the commission shall	2991
state its findings of fact and conclusions of law and shall issue	2992
and, subject to the provisions of Chapter 119. of the Revised	2993
Code, cause to be served on the respondent an order requiring the	2994
respondent to cease and desist from the unlawful discriminatory	2995
practice, requiring the respondent to take any further affirmative	2996
or other action that will effectuate the purposes of this chapter,	2997
including, but not limited to, hiring, reinstatement, or upgrading	2998
of employees with or without back pay, or admission or restoration	2999
to union membership, and requiring the respondent to report to the	3000
commission the manner of compliance. If the commission directs	3001
payment of back pay, it shall make allowance for interim earnings.	3002
If it finds a violation of division (H) of section 4112.02 of the	3003
Revised Code, the commission additionally shall require the	3004
respondent to pay actual damages and reasonable attorney's fees,	3005
and may award to the complainant punitive damages as follows:	3006

(a) If division (G)(1)(b) or (c) of this section does not	3007
apply, punitive damages in an amount not to exceed ten thousand	3008
dollars;	3009

(b) If division (G)(1)(c) of this section does not apply and	3010
if the respondent has been determined by a final order of the	3011
commission or by a final judgment of a court to have committed one	3012
violation of division (H) of section 4112.02 of the Revised Code	3013
during the five-year period immediately preceding the date on	3014
which a complaint was issued pursuant to division (B) of this	3015
section, punitive damages in an amount not to exceed twenty-five	3016
thousand dollars;	3017

(c) If the respondent has been determined by a final order of	3018
the commission or by a final judgment of a court to have committed	3019
two or more violations of division (H) of section 4112.02 of the	3020
Revised Code during the seven-year period immediately preceding	3021
the date on which a complaint was issued pursuant to division (B)	3022
of this section, punitive damages in an amount not to exceed fifty	3023
thousand dollars.	3024

(2) Upon the submission of reports of compliance, the	3025
commission may issue a declaratory order stating that the	3026
respondent has ceased to engage in particular unlawful	3027
discriminatory practices.	3028

(H) If the commission finds that no probable cause exists for	3029
crediting charges of unlawful discriminatory practices or if, upon	3030
all the evidence presented at a hearing under division (B) of this	3031
section on a charge, the commission finds that a respondent has	3032
not engaged in any unlawful discriminatory practice against the	3033
complainant or others, it shall state its findings of fact and	3034
shall issue and cause to be served on the complainant an order	3035
dismissing the complaint as to the respondent. A copy of the order	3036
shall be delivered in all cases to the attorney general and any	3037
other public officers whom the commission considers proper.	3038

(I) Until the time period for appeal set forth in division	3039
(H) of section 4112.06 of the Revised Code expires, the	3040
commission, subject to the provisions of Chapter 119. of the	3041
Revised Code, at any time, upon reasonable notice, and in the	3042
manner it considers proper, may modify or set aside, in whole or	3043
in part, any finding or order made by it under this section.	3044

Sec. 4112.08.  This chapter shall be construed liberally for	3045
the accomplishment of its purposes, and any law inconsistent with	3046
any provision of this chapter shall not apply. Nothing contained	3047
in this chapter shall be considered to repeal any of the	3048
provisions of any law of this state relating to discrimination	3049
because of race, color, religion, sex, military status, familial	3050
status, disability, national origin, age, or ancestry, except that	3051
any person filing a charge under division (B)(1) of section	3052
4112.05 of the Revised Code, with respect to the unlawful	3053
discriminatory practices complained of, is barred from instituting	3054
a civil action under section 4112.14 or division (N) of section	3055
4112.02 of the Revised Code.	3056

Sec. 4117.19.  (A) Every employee organization that is	3057
certified or recognized as a representative of public employees	3058
under Chapter 4117. of the Revised Codethis chapter shall file	3059
with the state employment relations board a registration report	3060
that is signed by its president or other appropriate officer. The	3061
report shall be in a form prescribed by the board and accompanied	3062
by two copies of the employee organization's constitution and	3063
bylaws. The board shall accept a filing by a statewide, national,	3064
or international employee organization of its constitution and	3065
bylaws in lieu of a filing of the documents by each subordinate	3066
organization. The exclusive representative or other employee	3067
organization originally filing its constitution and bylaws shall	3068
report, promptly, to the board all changes or amendments to its	3069
constitution and bylaws.	3070

(B) Every employee organization shall file with the board an	3071
annual report. The report shall be in a form prescribed by the	3072
board and shall contain the following information:	3073

(1) The names and addresses of the organization, any parent	3074
organization or organizations with which it is affiliated, and all	3075
organizationwide officers;	3076

(2) The name and address of its local agent for service of	3077
process;	3078

(3) A general description of the public employees the	3079
organization represents or seeks to represent;	3080

(4) The amounts of the initiation fee and monthly dues	3081
members must pay;	3082

(5) A pledge, in a form prescribed by the board, that the	3083
organization will comply with the laws of the state and that it	3084
will accept members without regard to age, race, color, sex,	3085
creed, religion, ancestry, national origin, disability as defined	3086
in section 4112.01 of the Revised Code, military status as defined	3087
in that section, or physical disability as provided by law:	3088

(6) A financial report.

3089

(C) The constitution or bylaws of every employee organization	3090
shall do all of the following:	3091

(1) Require that the organization keep accurate accounts of	3092
all income and expenses, prepare an annual financial report, keep	3093
open for inspection by any member of the organization its	3094
accounts, and make loans to officers and agents only on terms and	3095
conditions available to all members;	3096

(2) Prohibit business or financial interests of its officers	3097
and agents, their spouses, minor children, parents, or otherwise,	3098
in conflict with the fiduciary obligation of such persons to the	3099
organization;	3100

(3) When specifically requested by the board, require every	3101
official who is designated as a fiscal officer of an employee	3102
organization and who is responsible for funds or other property of	3103
the organization or trust in which an organization is interested,	3104
or a subsidiary organization be bonded with the amount, scope, and	3105
form of the bond determined by the board;	3106

(4) Require periodic elections of officers by secret ballot	3107
subject to recognized safeguards concerning the equal right of all	3108
members to nominate, seek office, and vote in the elections, the	3109
right of individual members to participate in the affairs of the	3110
organization, and fair and equitable procedures in disciplinary	3111
actions.	3112

(D) The board shall prescribe rules necessary to govern the	3113
establishment and reporting of trusteeships over employee	3114
organizations. The establishment of trusteeships is permissible	3115
only if the constitution or bylaws of the organization set forth	3116
reasonable procedures.	3117

(E) The board may withhold certification of an employee	3118
organization that willfully refuses to register or file an annual	3119
report or that willfully refuses to comply with other provisions	3120
of this section. The board may revoke a certification of an	3121
employee organization for willfully failing to comply with this	3122
section. The board may enforce the prohibitions contained in this	3123
section by petitioning the court of common pleas of the county in	3124
which the violation occurs for an injunction. Persons complaining	3125
of a violation of this section shall file the complaint with the	3126
board.	3127

(F) Upon the written request to the board of any member of a	3128
certified employee organization and where the board determines the	3129
necessity for an audit, the board may require the employee	3130
organization to provide a certified audit of its financial	3131
records.	3132

(G) Any employee organization subject to the	3133
"Labor-Management Reporting and Disclosure Act of 1959," 73 Stat.	3134
519, 29 U.S.C.A., 401, as amended, may file copies with the board	3135
of all reports it is required to file under that act in lieu of	3136
compliance with all parts of this section other than division (A)	3137
of this section. The board shall accept a filing by a statewide,	3138
national, or international employee organization of its reports in	3139
lieu of a filing of such reports by each subordinate organization.	3140

Sec. 4735.16.  (A) Every real estate broker licensed under	3141
this chapter shall have and maintain a definite place of business	3142
in this state and shall erect or maintain a sign on the premises	3143
plainly stating that the licensee is a real estate broker. If the	3144
real estate broker maintains one or more branch offices, the real	3145
estate broker shall erect or maintain a sign at each branch office	3146
plainly stating that the licensee is a real estate broker.	3147

(B)(1) Any licensed real estate broker or salesperson who	3148
advertises to buy, sell, exchange, or lease real estate, or to	3149
engage in any act regulated by this chapter, including, but not	3150
limited to, any licensed real estate broker or salesperson who	3151
advertises to sell, exchange, or lease real estate that the	3152
licensee owns, shall be identified in the advertisement by name	3153
and by indicating that the licensee is a real estate broker or	3154
real estate salesperson. Except a real estate salesperson who	3155
advertises the sale, exchange, or lease of real estate that the	3156
salesperson owns and that is not listed for sale, exchange, or	3157
lease with a real estate broker, any real estate salesperson who	3158
advertises, as provided in this section, also shall indicate in	3159
the advertisement the name of the broker under whom the	3160
salesperson is licensed and the fact that the salesperson's broker	3161
is a real estate broker. The name of the broker shall be displayed	3162
in equal prominence with the name of the salesperson in the	3163
advertisement.	3164

(2) If any real estate broker or real estate salesperson	3165
advertises in a manner other than as provided in this section or	3166
the rules adopted under this section, that advertisement is prima	3167
facieprima-facie evidence of a violation under division (A)(21)	3168
of section 4735.18 of the Revised Code.	3169

When the superintendent determines that prima facie	3170
prima-facie evidence of a violation of division (A)(21) of section	3171
4735.18 of the Revised Code or any of the rules adopted thereunder	3172
exists, the superintendent may do either of the following:	3173

(a) Initiate disciplinary action under section 4735.051 of	3174
the Revised Code for a violation of division (A)(21) of section	3175
4735.18 of the Revised Code, in accordance with Chapter 119. of	3176
the Revised Code;	3177

(b) Personally, or by certified mail, serve a citation upon	3178
the licensee.	3179

(C)(1) Every citation served under this section shall give	3180
notice to the licensee of the alleged violation or violations	3181
charged and inform the licensee of the opportunity to request a	3182
hearing in accordance with Chapter 119. of the Revised Code. The	3183
citation also shall contain a statement of a fine of two hundred	3184
dollars per violation, not to exceed two thousand five hundred	3185
dollars per citation. All fines collected pursuant to this section	3186
shall be credited to the real estate recovery fund, created in the	3187
state treasury under section 4735.12 of the Revised Code.	3188

(2) If any licensee is cited three times within twelve	3189
consecutive months, the superintendent shall initiate disciplinary	3190
action pursuant to section 4735.051 of the Revised Code for any	3191
subsequent violation that occurs within the same twelve-month	3192
period.	3193

(3) If a licensee fails to request a hearing within thirty	3194
days of the date of service of the citation, or the licensee and	3195
the superintendent fail to reach an alternative agreement, the	3196
citation shall become final.	3197

(4) Unless otherwise indicated, the licensee named in a final	3198
citation must meet all requirements contained in the final	3199
citation within thirty days of the effective date of that	3200
citation.	3201

(5) The superintendent shall suspend automatically a	3202
licensee's license if the licensee fails to comply with division	3203
(C)(4) of this section.	3204

(D) A real estate broker or salesperson obtaining the	3205
signature of a party to a listing or other agreement involved in a	3206
real estate transaction shall furnish a copy of the listing or	3207
other agreement to the party immediately after obtaining the	3208
party's signature. Every broker's office shall prominently display	3209
in the same immediate area as licenses are displayed a statement	3210
that it is illegal to discriminate against any person because of	3211
race, color, religion, sex, familial status as defined in section	3212
4112.01 of the Revised Code, national origin, military status as	3213
defined in that section, disability as defined in that section, or	3214
ancestry in the sale or rental of housing or residential lots, in	3215
advertising the sale or rental of housing, in the financing of	3216
housing, or in the provision of real estate brokerage services and	3217
that blockbusting also is illegal. The statement shall bear the	3218
United States department of housing and urban development equal	3219
housing logo, shall contain the information that the broker and	3220
the broker's salespersons are licensed by the division of real	3221
estate and professional licensing and that the division can assist	3222
with any consumer complaints or inquiries, and shall explain the	3223
provisions of section 4735.12 of the Revised Code. The statement	3224
shall provide the division's address and telephone number. The	3225
Ohio real estate commission shall provide by rule for the wording	3226
and size of the statement. The pamphlet required under section	3227
4735.03 of the Revised Code shall contain the same statement that	3228
is required on the statement displayed as provided in this section	3229
and shall be made available by real estate brokers and	3230
salespersons to their clients. The commission shall provide the	3231
wording and size of the pamphlet.	3232

Sec. 4735.55.  (A) Each written agency agreement shall	3233
contain all of the following:	3234

(1) An expiration date;

3235

(2) A statement that it is illegal, pursuant to the Ohio fair	3236
housing law, division (H) of section 4112.02 of the Revised Code,	3237
and the federal fair housing law, 42 U.S.C.A. 3601, to refuse to	3238
sell, transfer, assign, rent, lease, sublease, or finance housing	3239
accommodations, refuse to negotiate for the sale or rental of	3240
housing accommodations, or otherwise deny or make unavailable	3241
housing accommodations because of race, color, religion, sex,	3242
familial status as defined in section 4112.01 of the Revised Code,	3243
ancestry, military status as defined in that section, disability	3244
as defined in that section, or national origin or to so	3245
discriminate in advertising the sale or rental of housing, in the	3246
financing of housing, or in the provision of real estate brokerage	3247
services;	3248

(3) A statement defining the practice known as "blockbusting"	3249
and stating that it is illegal;	3250

(4) A copy of the United States department of housing and	3251
urban development equal housing opportunity logotype, as set forth	3252
in 24 C.F.R. 109.30.	3253

(B) Each written agency agreement shall contain a place for	3254
the licensee and the client to sign and date the agreement.	3255

(C) A licensee shall furnish a copy of any written agency	3256
agreement to a client in a timely manner after the licensee and	3257
the client have signed and dated it.	3258

Sec. 4933.12.  (A) Except as provided in division (C) of this	3259
section and division (E) of section 5117.11 of the Revised Code,	3260
if any person supplied with gas neglects or refuses to pay the	3261
amount due for suchthe gas or for rent of articles hired by him	3262
the person from a natural gas company or a gas company, the	3263
company may stop the gas from entering the premises of suchthe	3264
person. In such cases, after twenty-four hours' notice, the	3265
officers, servants, or workers of the company may enter the	3266
premises of such persons, between eight a.m. and four p.m., take	3267
away such property of the company, and disconnect any meter from	3268
the mains or pipes of the company.	3269

(B) The company shall not refuse to furnish gas on account of	3270
arrearages due it for gas furnished to persons formerly receiving	3271
services at the premises as customers of the company, provided the	3272
former customers are not continuing to reside at suchthe	3273
premises.	3274

(C) The company shall not, for any reason, unless required by	3275
the consumer, for safety reasons, or unless tampering with utility	3276
company equipment or theft of gas or utility company equipment has	3277
occurred, stop gas from entering the premises of any residential	3278
consumer for the period beginning on the fifteenth day of November	3279
and ending on the fifteenth day of the following April, unless	3280
both of the following apply:	3281

(1) The account of the consumer is in arrears thirty days or	3282
more;	3283

(2) WhereIf the occupant of residential premises is a tenant	3284
whose landlord is responsible for payment for the service provided	3285
by the company, the company has, five days previously, notified	3286
the occupant of its intent to discontinue service to himthe	3287
occupant.	3288

(D) No company shall stop the gas from entering any	3289
residential premises between the fifteenth day of November and the	3290
fifteenth day of April because of a failure to pay the amount due	3291
for suchthe gas unless the company, at the time it sends or	3292
delivers to the premises notices of termination, informs the	3293
occupant of the premises where to obtain state and federal aid for	3294
payment of utility bills and for home weatherization and	3295
information on local government aid for payment of utility bills	3296
and for home weatherization.	3297

(E) On or before the first day of November, a county human	3298
services department may request a company to give prior	3299
notification of any residential service terminations to occur	3300
during the period beginning on the fifteenth day of November	3301
immediately following the department's request and ending on the	3302
fifteenth day of the following April. If a department makes such a	3303
written request, at least twenty-four hours before the company	3304
terminates services to a residential customer in the county during	3305
that period for failure to pay the amount due for service, the	3306
company shall provide written notice to the department of the	3307
residential customer whose service the company so intends to	3308
terminate. No company that has received such a request shall	3309
terminate such service during that period unless it has provided	3310
the notice required under this division.	3311

(F) No company shall stop gas from entering the residential	3312
premises of any residential consumer who is deployed on active	3313
duty. As used in this division, "active duty" means active duty	3314
pursuant to an executive order of the president of the United	3315
States, an act of the congress of the United States, or section	3316
5919.29 or 5923.21 of the Revised Code.	3317

Sec. 4933.121.  (A) Except as provided in division (E) of	3318
section 5117.11 of the Revised Code, an electric light company	3319
shall not, for any reason, unless requested by the consumer, for	3320
safety reasons, or unless tampering with utility company equipment	3321
or theft of electricity or utility company equipment has occurred,	3322
cease to provide electricity to any residential consumer for the	3323
period beginning on the fifteenth day of November and ending on	3324
the fifteenth day of the following April, unless both of the	3325
following apply:	3326

(1) The account of the consumer is in arrears thirty days or	3327
more;	3328

(2) WhereIf the occupant of residential premises is a tenant	3329
whose landlord is responsible for payment for the service provided	3330
by the company, the company has, five days previously, notified	3331
the occupant of its intent to discontinue service to himthe	3332
occupant.	3333

(B) The company shall not refuse to furnish electricity on	3334
account of arrearages due it for electricity furnished to persons	3335
formerly receiving services at the premises as customers of the	3336
company, provided the former customers are not continuing to	3337
reside at suchthe premises.	3338

(C) No company shall cease to provide electricity to any	3339
residential premises between the fifteenth day of November and the	3340
fifteenth day of April because of a failure to pay the amount due	3341
for suchthe electricity unless the company, at the time it sends	3342
or delivers to the premises notices of termination, informs the	3343
occupant of the premises where to obtain state and federal aid for	3344
payment of utility bills and for home weatherization and	3345
information on local government aid for payment of utility bills	3346
and for home weatherization.	3347

(D) On or before the first day of November, a county human	3348
services department may request a company to give prior	3349
notification of any residential service terminations to occur	3350
during the period beginning on the fifteenth day of November	3351
immediately following the department's request and ending on the	3352
fifteenth day of the following April. If a department makes such a	3353
written request, at least twenty-four hours before the company	3354
terminates services to a residential customer in the county during	3355
that period for failure to pay the amount due for service, the	3356
company shall provide written notice to the department of the	3357
residential customer whose service the company so intends to	3358
terminate. No company that has received such a request shall	3359
terminate such service during that period unless it has provided	3360
the notice required under this division.	3361

(E) No company shall cease to provide electricity to the	3362
residential premises of any residential consumer who is deployed	3363
on active duty. As used in this division, "active duty" means	3364
active duty pursuant to an executive order of the president of the	3365
United States, an act of the congress of the United States, or	3366
section 5919.29 or 5923.21 of the Revised Code.	3367

Section 2. That existing sections 124.93, 125.111, 153.59,	3368
153.591, 175.05, 175.06, 176.06, 717.01, 1317.06, 1317.061,	3369
1923.02, 2927.03, 3313.64, 3915.05, 3917.06, 4112.01, 4112.02,	3370
4112.021, 4112.04, 4112.05, 4112.08, 4117.19, 4735.16, 4735.55,	3371
4933.12, and 4933.121 of the Revised Code are hereby repealed.	3372

Section 3.  Section 125.111 of the Revised Code is presented	3373
in this act as a composite of the section as amended by both Am.	3374
H.B. 264 and Am. Sub. H.B. 283 of the 123rd General Assembly. The	3375
General Assembly, applying the principle stated in division (B) of	3376
section 1.52 of the Revised Code that amendments are to be	3377
harmonized if reasonably capable of simultaneous operation, finds	3378
that the composite is the resulting version of the section in	3379
effect prior to the effective date of the section as presented in	3380
this act.	3381