As Passed by the Senate

125th General Assembly
Regular Session
Sub. S. B. No. 97

SENATORS Mallory, Brady, Carey, Dann, DiDonato, Fedor, Fingerhut, Goodman, Herington, Prentiss, Schuler, Stivers, Armbruster, Austria, Blessing, Miller, Nein, Schuring, Harris, Robert Gardner, White, Spada, Jacobson, Randy Gardner, Hottinger, Jordan

To amend sections 153.59, 153.591, 3911.16, and 1
3911.17 of the Revised Code to remove the terms 2
"colored persons" and "Negroes" from the Revised 3
Code and to broaden the application of the 4
existing prohibition against discrimination in the 5
sale and cost of life insurance to include all 6


       Section 1. That sections 153.59, 153.591, 3911.16, and 8
3911.17 of the Revised Code be amended to read as follows:9

       Sec. 153.59.  Every contract for or on behalf of the state,10
or any township, county, or municipal corporation of the state, 11
for the construction, alteration, or repair of any public building 12
or public work in the state shall contain provisions by which the13
contractor agrees to both of the following:14

       (A) That, in the hiring of employees for the performance of15
work under the contract or any subcontract, no contractor,16
subcontractor, or any person acting on a contractor's or17
subcontractor's behalf, by reason of race, creed, sex, disability 18
as defined in section 4112.01 of the Revised Code, or color, shall 19
discriminate against any citizen of the state in the employment of 20
labor or workers who is qualified and available to perform the 21
work to which the employment relates;22

       (B) That no contractor, subcontractor, or any person on a 23
contractor's or subcontractor's behalf, in any manner, shall 24
discriminate against or intimidate any employee hired for the 25
performance of work under the contract on account of race, crede26
creed, sex, disability as defined in section 4112.01 of the 27
Revised Code, or color;28

       (C) The department of administrative services shall ensure29
that no capital moneys appropriated by the general assembly for30
any purpose shall be expended unless the project for which those31
moneys are appropriated provides for an affirmative action program 32
for the employment and effective utilization of disadvantaged 33
persons whose disadvantage may arise from cultural, racial, or 34
ethnic background, or other similar cause, including, but not 35
limited to, race, religion, sex, disability as defined in section 36
4112.01 of the Revised Code, national origin, or ancestry.37

       In awarding contracts for capital improvement projects, the38
department shall ensure that equal consideration be given to39
contractors, subcontractors, or joint venturers who qualify as a40
minority business enterprise. As used in this section, "minority41
business enterprise" means a business enterprise that is owned or42
controlled by one or more socially or economically disadvantaged43
persons who are residents of this state. "Socially or economically 44
disadvantaged persons" means persons, regardless of marital 45
status, who are members of groups whose disadvantage may arise 46
from discrimination on the basis of race, religion, sex,47
disability as defined in section 4112.01 of the Revised Code, 48
national origin, or ancestry, or other similar cause. Such persons 49
include, but are not limited to, Negroes, Puerto Ricans, 50
Spanish-speaking Americans, American Indians, Eskimos, and Aleuts.51

       Sec. 153.591.  Any provision of a hiring hall contract or52
agreement which obligates a contractor to hire, if available, only 53
such employees as are referred to himthe contractor by a labor54
organization shall be void as against public policy and55
unenforceable with respect to employment under any public works56
contract unless at the date of execution of such hiring hall57
contract or agreement, or within thirty days thereafter, such58
labor organization has in effect procedures for referring59
qualified employees for hire without regard to race, color,60
religion, national origin, or ancestry and unless such labor61
organization includes in its apprentice and journeymen62
journeyperson's membership, or otherwise has available for job 63
referral without discrimination, qualified employees, both whites 64
and non-whites (including NegroesAfrican-Americans).65

       Sec. 3911.16.  No life insurance company organized or doing 66
business within this state shall:67

       (A) Make any distinction or discrimination between white 68
persons and colored persons, wholly or partially of African 69
descent,on the basis of race as to premiums or rates charged for 70
life insurance policies upon the lives of such persons;71

       (B) Demand or require greater premiums from such colored 72
persons than are at that time required by the company from white73
persons of different races of the same age, sex, and general 74
condition of health, and hope of longevity;75

       (C) Make or require any rebate, diminution, or discount on 76
the basis of race upon the sum to be paid on sucha life insurance77
policy in case of the death of such coloredthe person insured;78

       (D) Insert in the policy on the basis of race any condition 79
or make any stipulation by which such coloreda person binds 80
himselfself, or histhe person's heirs, executors, 81
administrators, or assigns, to accept any sum less than the full 82
value or amount of such policy in case of a claim accruing thereon 83
by reason of the death of the person insured, other than such as 84
are imposed upon white persons in similar cases.85

       Any stipulation or condition described in division (D) of 86
this section so made or inserted is void.87

       Any suchIf a life insurance company which refuses the 88
application of a colored person fordenies an applicant life89
insurance upon his life shall furnish him with the certificate of 90
some regular examining physician of the company, who has made 91
examination of such person, stating that his application has been 92
refused, not because he is a person of color, but solely upon such 93
grounds of his general health and hope of longevity as would be 94
applicable to white persons of the same age and sexand the 95
applicant believes that the denial was on the basis of race, the 96
insurance company shall provide, upon the request of the 97
applicant, the specific reason or reasons for the denial, as 98
provided in section 3904.10 of the Revised Code, as well as an 99
affirmation that the denial was not on the basis of race.100

       Sec. 3911.17.  No life insurance company organized or doing 101
business in this state, or an officer or agent thereof, shall 102
violate any law relating to the distinction or discrimination 103
between white persons and colored persons, wholly or partially of 104
African descent, by demanding or receiving from a colored person a105
different or greater premium than from a white person, orpremiums 106
on the basis of race, by allowing a discount or rebate on the 107
basis of race upon a premium paid or to be paid by a white person 108
of the same age, sex, general condition of health, and hope of109
longevity of any colored person, or, by making or requiring a 110
rebate, diminution, or discount from the sum to be paid upon a 111
policy in case of an insured colored personon the basis of race, 112
or by failing to furnish a certificate of a regular examining 113
physician of such company to such colored personinformation 114
required under section 3904.10 or 3911.16 of the Revised Code.115

       This section does not require a life insurance company, or an 116
agent thereof, to take or receive an application for insurance 117
from any person.118

       Section 2. That existing sections 153.59, 153.591, 3911.16, 119
and 3911.17 of the Revised Code are hereby repealed.120