Sub. H. B. No. 372 As Reported by the Senate Ways and Means and Economic Development Committee

As Reported by the Senate Ways and Means and Economic Development Committee

127th General Assembly

Regular Session

2007-2008

Sub. H. B. No. 372

Representatives McGregor, R., Ujvagi

Cosponsors: Representatives Bubp, Wachtmann, Combs, Aslanides, White, Domenick, Healy, Reinhard, Bacon, Barrett, Batchelder, Beatty, Blessing, Bolon, Book, Boyd, Brady, Brown, Budish, Carmichael, Celeste, Chandler, Coley, Collier, Daniels, DeBose, DeGeeter, DeWine, Distel, Dodd, Dolan, Driehaus, Dyer, Evans, Fende, Flowers, Foley, Garrison, Gerberry, Gibbs, Goodwin, Goyal, Hagan, J., Hagan, R., Harwood, Heard, Hite, Hottinger, Huffman, Hughes, Jones, Latta, Letson, Luckie, Lundy, Mallory, McGregor, J., Mecklenborg, Oelslager, Okey, Otterman, Patton, Peterson, Raussen, Redfern, Sayre, Schindel, Schlichter, Schneider, Setzer, Skindell, Stebelton, Stewart, D., Stewart, J., Strahorn, Sykes, Szollosi, Uecker, Wagner, Wagoner, Widener, Williams, B., Williams, S., Wolpert, Yates, Yuko, Zehringer
Senators Spada, Goodman, Schaffer, Schuler, Miller, D.

A BILL

To amend sections 124.23, 124.93, 125.111, 153.59,

153.591, 176.04, 176.06, 717.01, 1751.18,

2101.16, 2927.03, 3905.55, 4112.01, 4112.02,

4112.021, 4112.04, 4112.05, 4112.08, 4117.19,

4503.571, 4735.16, 4735.55, 5533.09, 5747.01,

5903.10, and 5903.12 and to enact sections

1349.04, 2101.164, 4112.023, 4503.433, 4503.731,

and 5903.121 of the Revised Code to exempt

estates of armed forces members who died while

serving in a combat zone from probate fees, to

exempt military retirement pay from the income

tax, to provide that reservists and National

Guard members may renew their professional

licenses within six months after active duty

service, to extend continuing education reporting

periods for National Guard members ordered to

duty by the Governor, to provide that standard

"Purple Heart" license plates be issued without

charge, to designate Interstate Routes 70 and 71

as the "Purple Heart Trail," to authorize the

display of combat battle stars on certain special

combat or military license plates, to prohibit

discrimination under the Ohio Civil Rights

Commission Law and certain other laws on the

basis of military status, to require the

Attorney General to appoint a staff member of the

Consumer Protection Division to expedite certain

cases or issues raised by a person, or the

person's immediate family, who is deployed on

active duty, to grant certain military persons

additional civil service credit, to require

relevant military experience to be considered in

continuing education determinations, to create an

incumbent worker training program, and to create

Civil Air Patrol license plates.

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

Section 1. That sections 124.23, 124.93, 125.111, 153.59,	36
153.591, 176.04, 176.06, 717.01, 1751.18, 2101.16, 2927.03,	37
3905.55, 4112.01, 4112.02, 4112.021, 4112.04, 4112.05, 4112.08,	38
4117.19, 4503.571, 4735.16, 4735.55, 5533.09, 5747.01, 5903.10,	39
and 5903.12 be amended and that sections 1349.04, 2101.164,	40
4112.023, 4503.433, 4503.731, and 5903.121 of the Revised Code	41
be enacted to read as follows:	42

Sec. 124.23. (A) All applicants for positions and places in	43
the classified service shall be subject to examination, except for	44
applicants for positions as professional or certified service and	45
paraprofessional employees of county boards of mental retardation	46
and developmental disabilities, who shall be hired in the manner	47
provided in section 124.241 of the Revised Code.	48

(B) Any examination administered under this section shall be	49
public and be open to all citizens of the United States and those	50
persons who have legally declared their intentions of becoming	51
United States citizens, within certain limitations to be	52
determined by the director of administrative services as to	53
citizenship, age, experience, education, health, habit, and moral	54
character. Any person who has completed service in the uniformed	55
services, who has been honorably discharged from the uniformed	56
services or transferred to the reserve with evidence of	57
satisfactory service, and who is a resident of this state and any	58
member of the national guard or a reserve component of the armed	59
forces of the United States who has completed more than one	60
hundred eighty days of active duty service pursuant to an	61
executive order of the president of the United States or an act of	62
the congress of the United States may file with the director a	63
certificate of service or honorable discharge, and, upon this	64
filing, the person shall receive additional credit of twenty per	65
cent of the person's total grade given in the regular examination	66
in which the person receives a passing grade.	67

As used in this division, "service in the uniformed services"	68
and "uniformed services" have the same meanings as in the	69
"Uniformed Services Employment and Reemployment Rights Act of	70
1994," 108 Stat. 3149, 38 U.S.C.A. 4303.	71

(C) An examination may include an evaluation of such factors	72
as education, training, capacity, knowledge, manual dexterity, and	73
physical or psychological fitness. An examination shall consist of	74
one or more tests in any combination. Tests may be written, oral,	75
physical, demonstration of skill, or an evaluation of training and	76
experiences and shall be designed to fairly test the relative	77
capacity of the persons examined to discharge the particular	78
duties of the position for which appointment is sought. Tests may	79
include structured interviews, assessment centers, work	80
simulations, examinations of knowledge, skills, and abilities, and	81
any other acceptable testing methods. If minimum or maximum	82
requirements are established for any examination, they shall be	83
specified in the examination announcement.	84

(D) The director of administrative services shall have	85
control of all examinations, except as otherwise provided in	86
sections 124.01 to 124.64 of the Revised Code. No questions in any	87
examination shall relate to political or religious opinions or	88
affiliations. No credit for seniority, efficiency, or any other	89
reason shall be added to an applicant's examination grade unless	90
the applicant achieves at least the minimum passing grade on the	91
examination without counting that extra credit.	92

(E) Except as otherwise provided in sections 124.01 to 124.64	93
of the Revised Code, the director of administrative services shall	94
give reasonable notice of the time, place, and general scope of	95
every competitive examination for appointment to a position in the	96
civil service. The director shall send written, printed, or	97
electronic notices of every examination to be conducted in the	98
state classified service to each agency of the type the director	99
of job and family services specifies and, in the case of a county	100
in which no such agency is located, to the clerk of the court of	101
common pleas of that county and to the clerk of each city located	102
within that county. Those notices shall be posted in conspicuous	103
public places in the designated agencies or the courthouse, and	104
city hall of the cities, of the counties in which no designated	105
agency is located for at least two weeks preceding any examination	106
involved, and in a conspicuous place in the office of the director	107
of administrative services for at least two weeks preceding any	108
examination involved. In case of examinations limited by the	109
director to a district, county, city, or department, the director	110
shall provide by rule for adequate publicity of an examination in	111
the district, county, city, or department within which competition	112
is permitted.	113

Sec. 124.93. (A) As used in this section, "physician" means	114
any person who holds a valid certificate to practice medicine and	115
surgery or osteopathic medicine and surgery issued under Chapter	116
4731. of the Revised Code.	117

(B) No health insuring corporation that, on or after July 1,	118
1993, enters into or renews a contract with the department of	119
administrative services under section 124.82 of the Revised Code,	120
because of a physician's race, color, religion, sex, national	121
origin, disability or military status as defined in section	122
4112.01 of the Revised Code, age, or ancestry, shall refuse to	123
contract with that physician for the provision of health care	124
services under section 124.82 of the Revised Code.	125

Any health insuring corporation that violates this division	126
is deemed to have engaged in an unlawful discriminatory practice	127
as defined in section 4112.02 of the Revised Code and is subject	128
to Chapter 4112. of the Revised Code.	129

(C) Each health insuring corporation that, on or after July	130
1, 1993, enters into or renews a contract with the department of	131
administrative services under section 124.82 of the Revised Code	132
and that refuses to contract with a physician for the provision of	133
health care services under that section shall provide that	134
physician with a written notice that clearly explains the reason	135
or reasons for the refusal. The notice shall be sent to the	136
physician by regular mail within thirty days after the refusal.	137

Any health insuring corporation that fails to provide notice	138
in compliance with this division is deemed to have engaged in an	139
unfair and deceptive act or practice in the business of insurance	140
as defined in section 3901.21 of the Revised Code and is subject	141
to sections 3901.19 to 3901.26 of the Revised Code.	142

Sec. 125.111. (A) Every contract for or on behalf of the	143
state or any of its political subdivisions for any purchase shall	144
contain provisions similar to those required by section 153.59 of	145
the Revised Code in the case of construction contracts by which	146
the contractor agrees to both of the following:	147

(1) That, in the hiring of employees for the performance of	148
work under the contract or any subcontract, no contractor or	149
subcontractor, by reason of race, color, religion, sex, age,	150
disability or military status as defined in section 4112.01 of the	151
Revised Code, national origin, or ancestry, shall discriminate	152
against any citizen of this state in the employment of a person	153
qualified and available to perform the work to which the contract	154
relates;	155

(2) That no contractor, subcontractor, or person acting on	156
behalf of any contractor or subcontractor, in any manner, shall	157
discriminate against, intimidate, or retaliate against any	158
employee hired for the performance of work under the contract on	159
account of race, color, religion, sex, age, disability or military	160
status as defined in section 4112.01 of the Revised Code, national	161
origin, or ancestry.	162

(B) All contractors from whom the state or any of its	163
political subdivisions make purchases shall have a written	164
affirmative action program for the employment and effective	165
utilization of economically disadvantaged persons, as referred to	166
in division (E)(1) of section 122.71 of the Revised Code.	167
Annually, each such contractor shall file a description of the	168
affirmative action program and a progress report on its	169
implementation with the equal employment opportunity office of the	170
department of administrative services.	171

Sec. 153.59. Every contract for or on behalf of the state,	172
or any township, county, or municipal corporation of the state,	173
for the construction, alteration, or repair of any public building	174
or public work in the state shall contain provisions by which the	175
contractor agrees to both of the following:	176

(A) That, in the hiring of employees for the performance of	177
work under the contract or any subcontract, no contractor,	178
subcontractor, or any person acting on a contractor's or	179
subcontractor's behalf, by reason of race, creed, sex, disability	180
or military status as defined in section 4112.01 of the Revised	181
Code, or color, shall discriminate against any citizen of the	182
state in the employment of labor or workers who is qualified and	183
available to perform the work to which the employment relates;	184

(B) That no contractor, subcontractor, or any person on a	185
contractor's or subcontractor's behalf, in any manner, shall	186
discriminate against or intimidate any employee hired for the	187
performance of work under the contract on account of race, creed,	188
sex, disability or military status as defined in section 4112.01	189
of the Revised Code, or color.	190

The department of administrative services shall ensure that	191
no capital moneys appropriated by the general assembly for any	192
purpose shall be expended unless the project for which those	193
moneys are appropriated provides for an affirmative action program	194
for the employment and effective utilization of disadvantaged	195
persons whose disadvantage may arise from cultural, racial, or	196
ethnic background, or other similar cause, including, but not	197
limited to, race, religion, sex, disability or military status as	198
defined in section 4112.01 of the Revised Code, national origin,	199
or ancestry.	200

In awarding contracts for capital improvement projects, the	201
department shall ensure that equal consideration be given to	202
contractors, subcontractors, or joint venturers who qualify as a	203
minority business enterprise. As used in this section, "minority	204
business enterprise" means a business enterprise that is owned or	205
controlled by one or more socially or economically disadvantaged	206
persons who are residents of this state. "Socially or economically	207
disadvantaged persons" means persons, regardless of marital	208
status, who are members of groups whose disadvantage may arise	209
from discrimination on the basis of race, religion, sex,	210
disability or military status as defined in section 4112.01 of the	211
Revised Code, national origin, ancestry, or other similar cause.	212

Sec. 153.591. Any provision of a hiring hall contract or	213
agreement which obligates a contractor to hire, if available, only	214
employees referred to the contractor by a labor organization shall	215
be void as against public policy and unenforceable with respect to	216
employment under any public works contract unless at the date of	217
execution of the hiring hall contract or agreement, or within	218
thirty days thereafter, the labor organization has in effect	219
procedures for referring qualified employees for hire without	220
regard to race, color, religion, national origin, military status	221
as defined in section 4112.01 of the Revised Code, or ancestry and	222
unless the labor organization includes in its apprentice and	223
journeyperson's membership, or otherwise has available for job	224
referral without discrimination, qualified employees, both whites	225
and non-whites (including African-Americans).	226

Sec. 176.04. (A) No municipal corporation, county, or	227
township shall issue general obligations pursuant to section	228
133.51 of the Revised Code or expend moneys raised by taxation to	229
provide, or assist in providing, housing pursuant to Section 16 of	230
Article VIII, Ohio Constitution, unless the municipal corporation,	231
county, or township has done all of the following:	232

(1) Established or designated a housing advisory board	233
pursuant to section 176.01 of the Revised Code, or entered into an	234
agreement pursuant to section 176.02 of the Revised Code for the	235
service of a housing advisory board established by one or more	236
other subdivisions;	237

(2) At least thirty days prior to approval of it by the	238
legislative authority of the municipal corporation, county, or	239
township, submitted to the housing advisory board for review,	240
comments, and recommendations, a comprehensive housing	241
affordability strategy for the municipal corporation, county, or	242
township developed under the "Cranston-Gonzalez National	243
Affordable Housing Act," 104 Stat. 4079 (1990), Pub. Law No.	244
101-625, or other state or local comprehensive plan for the	245
development and maintenance of affordable housing within the	246
boundaries of the municipal corporation, county, or township.	247

Approval of the plan by the legislative authority may be	248
effective for a period of one to five years. No submission of an	249
amended plan is required unless the submitted description of the	250
purposes for which any part of those moneys are proposed to be	251
applied is intended to be, or raise a reasonable concern that it	252
might be construed to be, inconsistent with the existing plan.	253

(3) Submitted to the housing advisory board a written	254
description of the purposes to which the proceeds of the proposed	255
general obligations or the moneys raised by taxation are proposed	256
to be applied, and allowed at least fifteen days to elapse during	257
which the housing advisory board may review the submitted	258
description and advise the municipal corporation, county, or	259
township in accordance with division (D) of this section. For	260
purposes of this section, the written description of the purposes	261
to which the moneys raised by taxation are proposed to be applied	262
may be submitted annually to the housing advisory board prior to	263
the adoption of the annual appropriation measure pursuant to	264
section 5705.38 of the Revised Code.	265

(B) No municipal corporation, county, or township shall issue	266
general obligations pursuant to section 133.51 of the Revised Code	267
to provide, or assist in providing, housing pursuant to Section 16	268
of Article VIII, Ohio Constitution, unless the municipal	269
legislative authority, the board of county commissioners, or the	270
board of township trustees has substantially complied with each of	271
the following requirements:	272

(1) Analyzed the anticipated impact of the purposes to which	273
the proceeds of the proposed general obligations are to be applied	274
upon existing housing patterns in the municipal corporation,	275
county, or township;	276

(2) Submitted to the housing advisory board serving it a fair	277
housing impact statement summarizing the analysis undertaken under	278
division (B)(1) of this section and conclusions from that	279
analysis;	280

(3) Submitted to the housing advisory board serving it a plan	281
for affirmative marketing to persons, regardless of marital	282
status, who are members of groups that may be disadvantaged by	283
discrimination on the basis of race, religion, sex, disability or	284
military status as defined in section 4112.01 of the Revised Code,	285
national origin, ancestry, children, or other similar cause or who	286
traditionally would not be expected to apply for housing at the	287
location proposed to be benefited by the proceeds of the proposed	288
general obligations.	289

(C) No approval of a housing advisory board shall be required	290
for issuance of general obligations pursuant to section 133.51 of	291
the Revised Code or any proposed expenditure of moneys raised by	292
taxation to provide, or assist in providing, housing pursuant to	293
Section 16 of Article VIII, Ohio Constitution.	294

(D) The matters on which a housing advisory board shall	295
advise the subdivisions it serves shall include the following:	296

(1) The consistency of a project or program with the plan	297
submitted under division (A)(2) of this section;	298

(2) The extent to which any project or program to which the	299
proceeds of the proposed general obligations or the moneys raised	300
by taxation are proposed to be applied may displace households	301
that consequently may need relocation assistance;	302

(3) The length of time for which projects to which the	303
proceeds of the proposed general obligations or the moneys raised	304
by taxation are proposed to be applied will remain affordable to	305
any targeted income group;	306

(4) The extent to which any lending program is available, in	307
whole or in part, from private lenders upon reasonably equivalent	308
terms and conditions.	309

Sec. 176.06. (A) Each municipal corporation, county, and	310
township shall compile and make available, in accordance with this	311
section, to the public for inspection and copying for a period of	312
five years, the number and total dollar amount of mortgage loans	313
that were originated, for which completed applications were	314
received and applicants were rejected, and that were purchased by	315
that municipal corporation, county, or township during each fiscal	316
year. Information regarding each mortgage loan category described	317
in this section shall be itemized to clearly and conspicuously	318
disclose the following:	319

(1) The number and dollar amount of mortgage loans insured	320
under Title II of the "National Housing Act," 48 Stat. 1246	321
(1934), 12 U.S.C.A. 1707 et seq., or under Title V of the "Housing	322
Act of 1949," 63 Stat. 413, 432, 42 U.S.C.A. 1471 et seq., or	323
guaranteed under the "Veterans' Loan Act," 58 Stat. 284 (1944), 38	324
U.S.C.A. 1801 et seq.;	325

(2) The number and dollar amount of mortgage loans made to	326
mortgagors who did not, at the time of execution of the mortgage,	327
intend to reside in the property securing the mortgage loan;	328

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

329

(4) The number and dollar amount of mortgage loans involving	330
mortgagors or mortgage applicants grouped according to census	331
tract, income level, race, color, religion, sex, ancestry,	332
disability as defined in section 4112.01 of the Revised Code,	333
military status as defined in that section, and national origin.	334

(B) The information described in this section shall be made	335
available to the public in raw data form and updated quarterly.	336
Within four months after the end of each fiscal year, each	337
municipal corporation, county, and township shall submit to the	338
president of the senate and the speaker of the house of	339
representatives a report containing the information described in	340
this section for the immediately preceding fiscal year.	341

(C) As used in this section, "mortgage loan" means a loan	342
secured by a mortgage, deed of trust, or other security interest	343
to finance the acquisition, construction, improvement, or	344
rehabilitation of single-family residential housing.	345

Sec. 717.01. Each municipal corporation may do any of the	346
following:	347

(A) Acquire by purchase or condemnation real estate with or	348
without buildings on it, and easements or interests in real	349
estate;	350

(B) Extend, enlarge, reconstruct, repair, equip, furnish, or	351
improve a building or improvement that it is authorized to acquire	352
or construct;	353

(C) Erect a crematory or provide other means for disposing of	354
garbage or refuse, and erect public comfort stations;	355

(D) Purchase turnpike roads and make them free;

356

(E) Construct wharves and landings on navigable waters;

357

(F) Construct infirmaries, workhouses, prisons, police	358
stations, houses of refuge and correction, market houses, public	359
halls, public offices, municipal garages, repair shops, storage	360
houses, and warehouses;	361

(G) Construct or acquire waterworks for supplying water to	362
the municipal corporation and its inhabitants and extend the	363
waterworks system outside of the municipal corporation limits;	364

(H) Construct or purchase gas works or works for the	365
generation and transmission of electricity, for the supplying of	366
gas or electricity to the municipal corporation and its	367
inhabitants;	368

(I) Provide grounds for cemeteries or crematories, enclose	369
and embellish them, and construct vaults or crematories;	370

(J) Construct sewers, sewage disposal works, flushing	371
tunnels, drains, and ditches;	372

(K) Construct free public libraries and reading rooms, and	373
free recreation centers;	374

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

375

(M) Construct monuments or memorial buildings to commemorate	376
the services of soldiers, sailors, and marines of the state and	377
nation;	378

(N) Provide land for and improve parks, boulevards, and	379
public playgrounds;	380

(O) Construct hospitals and pesthouses;

381

(P) Open, construct, widen, extend, improve, resurface, or	382
change the line of any street or public highway;	383

(Q) Construct and improve levees, dams, waterways,	384
waterfronts, and embankments and improve any watercourse passing	385
through the municipal corporation;	386

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

387

(S)(1) Construct any building necessary for the police or	388
fire department;	389

(2) Purchase fire engines or fire boats;

390

(3) Construct water towers or fire cisterns;

391

(4) Place underground the wires or signal apparatus of any	392
police or fire department.	393

(T) Construct any municipal ice plant for the purpose of	394
manufacturing ice for the citizens of a municipal corporation;	395

(U) Construct subways under any street or boulevard or	396
elsewhere;	397

(V) Acquire by purchase, gift, devise, bequest, lease,	398
condemnation proceedings, or otherwise, real or personal property,	399
and thereon and thereof to establish, construct, enlarge, improve,	400
equip, maintain, and operate airports, landing fields, or other	401
air navigation facilities, either within or outside the limits of	402
a municipal corporation, and acquire by purchase, gift, devise,	403
lease, or condemnation proceedings rights-of-way for connections	404
with highways, waterways, and electric, steam, and interurban	405
railroads, and improve and equip such facilities with structures	406
necessary or appropriate for such purposes. No municipal	407
corporation may take or disturb property or facilities belonging	408
to any public utility or to a common carrier engaged in interstate	409
commerce, which property or facilities are required for the proper	410
and convenient operation of the utility or carrier, unless	411
provision is made for the restoration, relocation, or duplication	412
of the property or facilities elsewhere at the sole cost of the	413
municipal corporation.	414

(W) Provide by agreement with any regional airport authority,	415
created under section 308.03 of the Revised Code, for the making	416
of necessary surveys, appraisals, and examinations preliminary to	417
the acquisition or construction of any airport or airport facility	418
and pay the portion of the expense of the surveys, appraisals, and	419
examinations as set forth in the agreement;	420

(X) Provide by agreement with any regional airport authority,	421
created under section 308.03 of the Revised Code, for the	422
acquisition, construction, maintenance, or operation of any	423
airport or airport facility owned or to be owned and operated by	424
the regional airport authority or owned or to be owned and	425
operated by the municipal corporation and pay the portion of the	426
expense of it as set forth in the agreement;	427

(Y) Acquire by gift, purchase, lease, or condemnation, land,	428
forest, and water rights necessary for conservation of forest	429
reserves, water parks, or reservoirs, either within or without the	430
limits of the municipal corporation, and improve and equip the	431
forest and water parks with structures, equipment, and	432
reforestation necessary or appropriate for any purpose for the	433
utilization of any of the forest and water benefits that may	434
properly accrue therefrom to the municipal corporation;	435

(Z) Acquire real property by purchase, gift, or devise and	436
construct and maintain on it public swimming pools, either within	437
or outside the limits of the municipal corporation;	438

(AA) Construct or rehabilitate, equip, maintain, operate, and	439
lease facilities for housing of elderly persons and for persons of	440
low and moderate income, and appurtenant facilities. No municipal	441
corporation shall deny housing accommodations to or withhold	442
housing accommodations from elderly persons or persons of low and	443
moderate income because of race, color, religion, sex, familial	444
status as defined in section 4112.01 of the Revised Code, military	445
status as defined in that section, disability as defined in that	446
section, ancestry, or national origin. Any elderly person or	447
person of low or moderate income who is denied housing	448
accommodations or has them withheld by a municipal corporation	449
because of race, color, religion, sex, familial status as defined	450
in section 4112.01 of the Revised Code, military status as defined	451
in that section, disability as defined in that section, ancestry,	452
or national origin may file a charge with the Ohio civil rights	453
commission as provided in Chapter 4112. of the Revised Code.	454

(BB) Acquire, rehabilitate, and develop rail property or rail	455
service, and enter into agreements with the Ohio rail development	456
commission, boards of county commissioners, boards of township	457
trustees, legislative authorities of other municipal corporations,	458
with other governmental agencies or organizations, and with	459
private agencies or organizations in order to achieve those	460
purposes;	461

(CC) Appropriate and contribute money to a soil and water	462
conservation district for use under Chapter 1515. of the Revised	463
Code;	464

(DD) Authorize the board of county commissioners, pursuant to	465
a contract authorizing the action, to contract on the municipal	466
corporation's behalf for the administration and enforcement within	467
its jurisdiction of the state building code by another county or	468
another municipal corporation located within or outside the	469
county. The contract for administration and enforcement shall	470
provide for obtaining certification pursuant to division (E) of	471
section 3781.10 of the Revised Code for the exercise of	472
administration and enforcement authority within the municipal	473
corporation seeking those services and shall specify which	474
political subdivision is responsible for securing that	475
certification.	476

(EE) Expend money for providing and maintaining services and	477
facilities for senior citizens.	478

"Airport," "landing field," and "air navigation facility," as	479
defined in section 4561.01 of the Revised Code, apply to division	480
(V) of this section.	481

As used in divisions (W) and (X) of this section, "airport"	482
and "airport facility" have the same meanings as in section 308.01	483
of the Revised Code.	484

As used in division (BB) of this section, "rail property" and	485
"rail service" have the same meanings as in section 4981.01 of the	486
Revised Code.	487

Sec. 1349.04. (A) As used in this section:

488

(1) "Active duty" means active duty pursuant to an executive	489
order of the president of the United States, an act of the	490
congress of the United States, or section 5919.29 or 5923.21 of	491
the Revised Code.	492

(2) "Immediate family" means a person's spouse residing in	493
the person's household; brothers and sisters of the whole or half	494
blood; children, including adopted children and stepchildren;	495
parents; and grandparents.	496

(B) The attorney general shall appoint a member of the staff	497
of the consumer protection division of the attorney general's	498
office to expedite cases or issues raised by a person, or the	499
immediate family of the person, who is deployed on active duty,	500
which cases or issues raised relate to sections 125.021, 317.322,	501
1343.031, 1349.02, 1349.03, 1713.60, 1923.062, 3313.64, 3332.20,	502
3345.53, 3915.053, 4933.12, or 4933.121 of the Revised Code or to	503
any other relevant section of the Revised Code regulating consumer	504
protection.	505

Sec. 1751.18. (A)(1) No health insuring corporation shall	506
cancel or fail to renew the coverage of a subscriber or enrollee	507
because of any health status-related factor in relation to the	508
subscriber or enrollee, the subscriber's or enrollee's	509
requirements for health care services, or for any other reason	510
designated under rules adopted by the superintendent of insurance.	511

(2) Unless otherwise required by state or federal law, no	512
health insuring corporation, or health care facility or provider	513
through which the health insuring corporation has made	514
arrangements to provide health care services, shall discriminate	515
against any individual with regard to enrollment, disenrollment,	516
or the quality of health care services rendered, on the basis of	517
the individual's race, color, sex, age, religion, military status	518
as defined in section 4112.01 of the Revised Code, or status as a	519
recipient of medicare or medical assistance under Title XVIII or	520
XIX of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A.	521
301, as amended, or any health status-related factor in relation	522
to the individual. However, a health insuring corporation shall	523
not be required to accept a recipient of medicare or medical	524
assistance, if an agreement has not been reached on appropriate	525
payment mechanisms between the health insuring corporation and the	526
governmental agency administering these programs. Further, except	527
during a period of open enrollment under section 1751.15 of the	528
Revised Code, a health insuring corporation may reject an	529
applicant for nongroup enrollment on the basis of any health	530
status-related factor in relation to the applicant.	531

(B) A health insuring corporation may cancel or decide not to	532
renew the coverage of an enrollee if the enrollee has performed an	533
act or practice that constitutes fraud or intentional	534
misrepresentation of material fact under the terms of the coverage	535
and if the cancellation or nonrenewal is not based, either	536
directly or indirectly, on any health status-related factor in	537
relation to the enrollee.	538

(C) An enrollee may appeal any action or decision of a health	539
insuring corporation taken pursuant to section 2742(b) to (e) of	540
the "Health Insurance Portability and Accountability Act of 1996,"	541
Pub. L. No. 104-191, 110 Stat. 1955, 42 U.S.C.A. 300gg-42, as	542
amended. To appeal, the enrollee may submit a written complaint	543
to the health insuring corporation pursuant to section 1751.19 of	544
the Revised Code. The enrollee may, within thirty days after	545
receiving a written response from the health insuring corporation,	546
appeal the health insuring corporation's action or decision to the	547
superintendent.	548

(D) As used in this section, "health status-related factor"	549
means any of the following:	550

(1) Health status;

551

(2) Medical condition, including both physical and mental	552
illnesses;	553

(3) Claims experience;

554

(4) Receipt of health care;

555

(5) Medical history;

556

(6) Genetic information;

557

(7) Evidence of insurability, including conditions arising	558
out of acts of domestic violence;	559

(8) Disability.

560

Sec. 2101.16. (A) ~~The~~Except as provided in section 2101.164	561
of the Revised Code, the fees enumerated in this division shall be	562
charged and collected, if possible, by the probate judge and shall	563
be in full for all services rendered in the respective	564
proceedings:	565

(1)	Account, in addition to advertising charges ..........	$12.00	566
	Waivers and proof of notice of hearing on account, per		567
	page, minimum one dollar .............................	$ 1.00	568
(2)	Account of distribution, in addition to		569
	advertising charges ..................................	$ 7.00	570
(3)	Adoption of child, petition for ......................	$50.00	571
(4)	Alter or cancel contract for sale or purchase of		572
	real estate, petition to .............................	$20.00	573
(5)	Application and order not otherwise provided		574
	for in this section or by rule adopted pursuant to		575
	division (E) of this section .........................	$ 5.00	576
(6)	Appropriation suit, per day, hearing in ..............	$20.00	577
(7)	Birth, application for registration of ...............	$ 7.00	578
(8)	Birth record, application to correct .................	$ 5.00	579
(9)	Bond, application for new or additional ..............	$ 5.00	580
(10)	Bond, application for release of surety or		581
	reduction of .........................................	$ 5.00	582
(11)	Bond, receipt for securities deposited in lieu of ....	$ 5.00	583
(12)	Certified copy of journal entry, record, or proceeding,		584
	per page, minimum fee one dollar .....................	$ 1.00	585
(13)	Citation and issuing citation, application for .......	$ 5.00	586
(14)	Change of name, petition for .........................	$20.00	587
(15)	Claim, application of administrator or executor for		588
	allowance of administrator's or executor's own .......	$10.00	589
(16)	Claim, application to compromise or settle ...........	$10.00	590
(17)	Claim, authority to present ..........................	$10.00	591
(18)	Commissioner, appointment of .........................	$ 5.00	592
(19)	Compensation for extraordinary services and attorney's		593
	fees for fiduciary, application for ..................	$ 5.00	594
(20)	Competency, application to procure adjudication of ...	$20.00	595
(21)	Complete contract, application to ....................	$10.00	596
(22)	Concealment of assets, citation for ..................	$10.00	597
(23)	Construction of will, petition for ...................	$20.00	598
(24)	Continue decedent's business, application to .........	$10.00	599
	Monthly reports of operation .........................	$ 5.00	600
(25)	Declaratory judgment, petition for ...................	$20.00	601
(26)	Deposit of will ......................................	$ 5.00	602
(27)	Designation of heir ..................................	$20.00	603
(28)	Distribution in kind, application, assent, and		604
	order for ............................................	$ 5.00	605
(29)	Distribution under section 2109.36 of the Revised		606
	Code, application for an order of ....................	$ 7.00	607
(30)	Docketing and indexing proceedings, including the		608
	filing and noting of all necessary documents, maximum		609
	fee, fifteen dollars .................................	$15.00	610
(31)	Exceptions to any proceeding named in this section,		611
	contest of appointment or ............................	$10.00	612
(32)	Election of surviving partner to purchase assets of		613
	partnership, proceedings relating to .................	$10.00	614
(33)	Election of surviving spouse under will ..............	$ 5.00	615
(34)	Fiduciary, including an assignee or trustee of an		616
	insolvent debtor or any guardian or conservator		617
	accountable to the probate court, appointment of .....	$35.00	618
(35)	Foreign will, application to record ..................	$10.00	619
	Record of foreign will, additional, per page .........	$ 1.00	620
(36)	Forms when supplied by the probate court, not to		621
	exceed ...............................................	$10.00	622
(37)	Heirship, petition to determine ......................	$20.00	623
(38)	Injunction proceedings ...............................	$20.00	624
(39)	Improve real estate, petition to .....................	$20.00	625
(40)	Inventory with appraisement ..........................	$10.00	626
(41)	Inventory without appraisement .......................	$ 7.00	627
(42)	Investment or expenditure of funds, application for ..	$10.00	628
(43)	Invest in real estate, application to ................	$10.00	629
(44)	Lease for oil, gas, coal, or other mineral, petition		630
	to ...................................................	$20.00	631
(45)	Lease or lease and improve real estate, petition to ..	$20.00	632
(46)	Marriage license .....................................	$10.00	633
	Certified abstract of each marriage ..................	$ 2.00	634
(47)	Minor or mentally ill person, etc., disposal of estate		635
	under ten thousand dollars of ........................	$10.00	636
(48)	Mortgage or mortgage and repair or improve real		637
	estate, petition to ..................................	$20.00	638
(49)	Newly discovered assets, report of ...................	$ 7.00	639
(50)	Nonresident executor or administrator to bar		640
	creditors' claims, proceedings by ....................	$20.00	641
(51)	Power of attorney or revocation of power,		642
	bonding company ......................................	$10.00	643
(52)	Presumption of death, petition to establish ..........	$20.00	644
(53)	Probating will .......................................	$15.00	645
	Proof of notice to beneficiaries .....................	$ 5.00	646
(54)	Purchase personal property, application of surviving		647
	spouse to ............................................	$10.00	648
(55)	Purchase real estate at appraised value, petition of		649
	surviving spouse to ..................................	$20.00	650
(56)	Receipts in addition to advertising charges,		651
	application and order to record ......................	$ 5.00	652
	Record of those receipts, additional, per page .......	$ 1.00	653
(57)	Record in excess of fifteen hundred words in any		654
	proceeding in the probate court, per page ............	$ 1.00	655
(58)	Release of estate by mortgagee or other lienholder ...	$ 5.00	656
(59)	Relieving an estate from administration under section		657
	2113.03 of the Revised Code or granting an order for a		658
	summary release from administration under section		659
	2113.031 of the Revised Code .........................	$60.00	660
(60)	Removal of fiduciary, application for ................	$10.00	661
(61)	Requalification of executor or administrator .........	$10.00	662
(62)	Resignation of fiduciary .............................	$ 5.00	663
(63)	Sale bill, public sale of personal property ..........	$10.00	664
(64)	Sale of personal property and report, application		665
	for ..................................................	$10.00	666
(65)	Sale of real estate, petition for ....................	$25.00	667
(66)	Terminate guardianship, petition to ..................	$10.00	668
(67)	Transfer of real estate, application, entry, and		669
	certificate for ......................................	$ 7.00	670
(68)	Unclaimed money, application to invest ...............	$ 7.00	671
(69)	Vacate approval of account or order of distribution,		672
	motion to ............................................	$10.00	673
(70)	Writ of execution ....................................	$ 5.00	674
(71)	Writ of possession ...................................	$ 5.00	675
(72)	Wrongful death, application and settlement of claim		676
	for ..................................................	$20.00	677
(73)	Year's allowance, petition to review .................	$ 7.00	678
(74)	Guardian's report, filing and review of ..............	$ 5.00	679

(B)(1) In relation to an application for the appointment of a	680
guardian or the review of a report of a guardian under section	681
2111.49 of the Revised Code, the probate court, pursuant to court	682
order or in accordance with a court rule, may direct that the	683
applicant or the estate pay any or all of the expenses of an	684
investigation conducted pursuant to section 2111.041 or division	685
(A)(2) of section 2111.49 of the Revised Code. If the	686
investigation is conducted by a public employee or investigator	687
who is paid by the county, the fees for the investigation shall be	688
paid into the county treasury. If the court finds that an alleged	689
incompetent or a ward is indigent, the court may waive the costs,	690
fees, and expenses of an investigation.	691

(2) In relation to the appointment or functioning of a	692
guardian for a minor or the guardianship of a minor, the probate	693
court may direct that the applicant or the estate pay any or all	694
of the expenses of an investigation conducted pursuant to section	695
2111.042 of the Revised Code. If the investigation is conducted by	696
a public employee or investigator who is paid by the county, the	697
fees for the investigation shall be paid into the county treasury.	698
If the court finds that the guardian or applicant is indigent, the	699
court may waive the costs, fees, and expenses of an investigation.	700

(C) Thirty dollars of the thirty-five-dollar fee collected	701
pursuant to division (A)(34) of this section and twenty dollars of	702
the sixty-dollar fee collected pursuant to division (A)(59) of	703
this section shall be deposited by the county treasurer in the	704
indigent guardianship fund created pursuant to section 2111.51 of	705
the Revised Code.	706

(D) The fees of witnesses, jurors, sheriffs, coroners, and	707
constables for services rendered in the probate court or by order	708
of the probate judge shall be the same as provided for like	709
services in the court of common pleas.	710

(E) The probate court, by rule, may require an advance	711
deposit for costs, not to exceed one hundred twenty-five dollars,	712
at the time application is made for an appointment as executor or	713
administrator or at the time a will is presented for probate.	714

(F) The probate court, by rule, shall establish a reasonable	715
fee, not to exceed fifty dollars, for the filing of a petition for	716
the release of information regarding an adopted person's name by	717
birth and the identity of the adopted person's biological parents	718
and biological siblings pursuant to section 3107.41 of the Revised	719
Code, all proceedings relative to the petition, the entry of an	720
order relative to the petition, and all services required to be	721
performed in connection with the petition. The probate court may	722
use a reasonable portion of a fee charged under authority of this	723
division to reimburse any agency, as defined in section 3107.39 of	724
the Revised Code, for any services it renders in performing a task	725
described in section 3107.41 of the Revised Code relative to or in	726
connection with the petition for which the fee was charged.	727

(G)(1) Thirty dollars of the fifty-dollar fee collected	728
pursuant to division (A)(3) of this section shall be deposited	729
into the "putative father registry fund," which is hereby created	730
in the state treasury. The department of job and family services	731
shall use the money in the fund to fund the department's costs of	732
performing its duties related to the putative father registry	733
established under section 3107.062 of the Revised Code.	734

(2) If the department determines that money in the putative	735
father registry fund is more than is needed for its duties related	736
to the putative father registry, the department may use the	737
surplus moneys in the fund as permitted in division (C) of section	738
2151.3529, division (B) of section 2151.3530, or section 5103.155	739
of the Revised Code.	740

Sec. 2101.164. (A) As used in this section, "combat zone"	741
means an area that the president of the United States by executive	742
order designates for purposes of 26 U.S.C. 112 as an area in which	743
armed forces of the United States or the national guard are	744
engaging or have engaged in combat.	745

(B) A probate judge shall not charge, or collect from, the	746
estate of a decedent who died while in active service as a member	747
of the armed forces of the United States or the national guard any	748
of the following fees if the death occurred while the decedent	749
was serving in a combat zone or as a result of wounds, disease,	750
or injury incurred while serving in a combat zone:	751

(1) Any fee for or associated with the filing of the	752
decedent's will for probate;	753

(2) Any fee for any service rendered by the probate court	754
that is associated with the administration of the decedent's	755
estate;	756

(3) Any fee for relieving the decedent's estate from	757
administration under section 2113.03 of the Revised Code or	758
granting an order for a summary release from administration under	759
section 2113.031 of the Revised Code.	760

(C) In determining whether a decedent died in a place or	761
manner that exempts the estate of the decedent from fees under	762
division (B) of this section, a probate judge may consider a	763
casualty report issued pursuant to Army Regulation 600-8-1 or the	764
regulations of any of the armed services of the United States or	765
the national guard, the list of combat zones set forth in	766
Publication 3, "The Armed Forces' Tax Guide," of the Internal	767
Revenue Service, or any other form of documentation satisfactory	768
to the probate judge.	769

Sec. 2927.03. (A) No person, whether or not acting under	770
color of law, shall by force or threat of force willfully injure,	771
intimidate, or interfere with, or attempt to injure, intimidate,	772
or interfere with, any of the following:	773

(1) Any person because of race, color, religion, sex,	774
familial status as defined in section 4112.01 of the Revised Code,	775
national origin, military status as defined in that section,	776
disability as defined in that section, or ancestry and because	777
that person is or has been selling, purchasing, renting,	778
financing, occupying, contracting, or negotiating for the sale,	779
purchase, rental, financing, or occupation of any housing	780
accommodations, or applying for or participating in any service,	781
organization, or facility relating to the business of selling or	782
renting housing accommodations;	783

(2) Any person because that person is or has been doing, or	784
in order to intimidate that person or any other person or any	785
class of persons from doing, either of the following:	786

(a) Participating, without discrimination on account of race,	787
color, religion, sex, familial status as defined in section	788
4112.01 of the Revised Code, national origin, military status as	789
defined in that section, disability as defined in that section, or	790
ancestry, in any of the activities, services, organizations, or	791
facilities described in division (A)(1) of this section;	792

(b) Affording another person or class of persons opportunity	793
or protection so to participate.	794

(3) Any person because that person is or has been, or in	795
order to discourage that person or any other person from, lawfully	796
aiding or encouraging other persons to participate, without	797
discrimination on account of race, color, religion, sex, familial	798
status as defined in section 4112.01 of the Revised Code, national	799
origin, military status as defined in that section, disability as	800
defined in that section, or ancestry, in any of the activities,	801
services, organizations, or facilities described in division	802
(A)(1) of this section, or participating lawfully in speech or	803
peaceful assembly opposing any denial of the opportunity to so	804
participate.	805

(B) Whoever violates division (A) of this section is guilty	806
of a misdemeanor of the first degree.	807

Sec. 3905.55. (A) Except as provided in division (B) of this	808
section, an agent may charge a consumer a fee if all of the	809
following conditions are met:	810

(1) The fee is disclosed to the consumer in a manner that	811
separately identifies the fee and the premium.	812

(2) The fee is not calculated as a percentage of the premium.

813

(3) The fee is not refunded, forgiven, waived, offset, or	814
reduced by any commission earned or received for any policy or	815
coverage sold.	816

(4) The amount of the fee, and the consumer's obligation to	817
pay the fee, are not conditioned upon the occurrence of a future	818
event or condition, such as the purchase, cancellation, lapse,	819
declination, or nonrenewal of insurance.	820

(5) The agent discloses to the consumer that the fee is being	821
charged by the agent and not by the insurance company, that	822
neither state law nor the insurance company requires the agent to	823
charge the fee, and that the fee is not refundable.	824

(6) The consumer consents to the fee.

825

(7) The agent, in charging the fee, does not discriminate on	826
the basis of race, sex, national origin, religion, disability,	827
health status, age, marital status, military status as defined in	828
section 4112.01 of the Revised Code, or geographic location, and	829
does not unfairly discriminate between persons of essentially the	830
same class and of essentially the same hazard or expectation of	831
life.	832

(B) A fee may not be charged for taking or submitting an	833
initial application for coverage with any one insurer or different	834
programs with the same insurer, or processing a change to an	835
existing policy, a cancellation, a claim, or a renewal, in	836
connection with any of the following personal lines policies:	837

(1) Private passenger automobile;

838

(2) Homeowners, including coverage for tenants or condominium	839
owners, owner-occupied fire or dwelling property coverage,	840
personal umbrella liability, or any other personal lines-related	841
coverage whether sold as a separate policy or as an endorsement to	842
another personal lines policy;	843

(3) Individual life insurance;

844

(4) Individual sickness or accident insurance;

845

(5) Disability income policies;

846

(6) Credit insurance products.

847

(C) Notwithstanding any other provision of this section, an	848
agent may charge a fee for agent services in connection with a	849
policy issued on a no-commission basis, if the agent provides the	850
consumer with prior disclosure of the fee and of the services to	851
be provided.	852

(D) In the event of a dispute between an agent and a consumer	853
regarding any disclosure required by this section, the agent has	854
the burden of proving that the disclosure was made.	855

(E)(1) No person shall fail to comply with this section.

856

(2) Whoever violates division (E)(1) of this section is	857
deemed to have engaged in an unfair and deceptive act or practice	858
in the business of insurance under sections 3901.19 to 3901.26 of	859
the Revised Code.	860

(F) This section does not apply with respect to any expense	861
fee charged by a surety bail bond agent to cover the costs	862
incurred by the surety bail bond agent in executing the bail bond.	863

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

864

(1) "Person" includes one or more individuals, partnerships,	865
associations, organizations, corporations, legal representatives,	866
trustees, trustees in bankruptcy, receivers, and other organized	867
groups of persons. "Person" also includes, but is not limited to,	868
any owner, lessor, assignor, builder, manager, broker,	869
salesperson, appraiser, agent, employee, lending institution, and	870
the state and all political subdivisions, authorities, agencies,	871
boards, and commissions of the state.	872

(2) "Employer" includes the state, any political subdivision	873
of the state, any person employing four or more persons within the	874
state, and any person acting directly or indirectly in the	875
interest of an employer.	876

(3) "Employee" means an individual employed by any employer	877
but does not include any individual employed in the domestic	878
service of any person.	879

(4) "Labor organization" includes any organization that	880
exists, in whole or in part, for the purpose of collective	881
bargaining or of dealing with employers concerning grievances,	882
terms or conditions of employment, or other mutual aid or	883
protection in relation to employment.	884

(5) "Employment agency" includes any person regularly	885
undertaking, with or without compensation, to procure	886
opportunities to work or to procure, recruit, refer, or place	887
employees.	888

(6) "Commission" means the Ohio civil rights commission	889
created by section 4112.03 of the Revised Code.	890

(7) "Discriminate" includes segregate or separate.

891

(8) "Unlawful discriminatory practice" means any act	892
prohibited by section 4112.02, 4112.021, or 4112.022 of the	893
Revised Code.	894

(9) "Place of public accommodation" means any inn,	895
restaurant, eating house, barbershop, public conveyance by air,	896
land, or water, theater, store, other place for the sale of	897
merchandise, or any other place of public accommodation or	898
amusement of which the accommodations, advantages, facilities, or	899
privileges are available to the public.	900

(10) "Housing accommodations" includes any building or	901
structure, or portion of a building or structure, that is used or	902
occupied or is intended, arranged, or designed to be used or	903
occupied as the home residence, dwelling, dwelling unit, or	904
sleeping place of one or more individuals, groups, or families	905
whether or not living independently of each other; and any vacant	906
land offered for sale or lease. "Housing accommodations" also	907
includes any housing accommodations held or offered for sale or	908
rent by a real estate broker, salesperson, or agent, by any other	909
person pursuant to authorization of the owner, by the owner, or by	910
the owner's legal representative.	911

(11) "Restrictive covenant" means any specification limiting	912
the transfer, rental, lease, or other use of any housing	913
accommodations because of race, color, religion, sex, military	914
status, familial status, national origin, disability, or ancestry,	915
or any limitation based upon affiliation with or approval by any	916
person, directly or indirectly, employing race, color, religion,	917
sex, military status, familial status, national origin,	918
disability, or ancestry as a condition of affiliation or approval.	919

(12) "Burial lot" means any lot for the burial of deceased	920
persons within any public burial ground or cemetery, including,	921
but not limited to, cemeteries owned and operated by municipal	922
corporations, townships, or companies or associations incorporated	923
for cemetery purposes.	924

(13) "Disability" means a physical or mental impairment that	925
substantially limits one or more major life activities, including	926
the functions of caring for one's self, performing manual tasks,	927
walking, seeing, hearing, speaking, breathing, learning, and	928
working; a record of a physical or mental impairment; or being	929
regarded as having a physical or mental impairment.	930

(14) Except as otherwise provided in section 4112.021 of the	931
Revised Code, "age" means at least forty years old.	932

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

933

(a) One or more individuals who are under eighteen years of	934
age and who are domiciled with a parent or guardian having legal	935
custody of the individual or domiciled, with the written	936
permission of the parent or guardian having legal custody, with a	937
designee of the parent or guardian;	938

(b) Any person who is pregnant or in the process of securing	939
legal custody of any individual who is under eighteen years of	940
age.	941

(16)(a) Except as provided in division (A)(16)(b) of this	942
section, "physical or mental impairment" includes any of the	943
following:	944

(i) Any physiological disorder or condition, cosmetic	945
disfigurement, or anatomical loss affecting one or more of the	946
following body systems: neurological; musculoskeletal; special	947
sense organs; respiratory, including speech organs;	948
cardiovascular; reproductive; digestive; genito-urinary; hemic and	949
lymphatic; skin; and endocrine;	950

(ii) Any mental or psychological disorder, including, but not	951
limited to, mental retardation, organic brain syndrome, emotional	952
or mental illness, and specific learning disabilities;	953

(iii) Diseases and conditions, including, but not limited to,	954
orthopedic, visual, speech, and hearing impairments, cerebral	955
palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis,	956
cancer, heart disease, diabetes, human immunodeficiency virus	957
infection, mental retardation, emotional illness, drug addiction,	958
and alcoholism.	959

(b) "Physical or mental impairment" does not include any of	960
the following:	961

(i) Homosexuality and bisexuality;

962

(ii) Transvestism, transsexualism, pedophilia, exhibitionism,	963
voyeurism, gender identity disorders not resulting from physical	964
impairments, or other sexual behavior disorders;	965

(iii) Compulsive gambling, kleptomania, or pyromania;

966

(iv) Psychoactive substance use disorders resulting from the	967
current illegal use of a controlled substance or the current use	968
of alcoholic beverages.	969

(17) "Dwelling unit" means a single unit of residence for a	970
family of one or more persons.	971

(18) "Common use areas" means rooms, spaces, or elements	972
inside or outside a building that are made available for the use	973
of residents of the building or their guests, and includes, but is	974
not limited to, hallways, lounges, lobbies, laundry rooms, refuse	975
rooms, mail rooms, recreational areas, and passageways among and	976
between buildings.	977

(19) "Public use areas" means interior or exterior rooms or	978
spaces of a privately or publicly owned building that are made	979
available to the general public.	980

(20) "Controlled substance" has the same meaning as in	981
section 3719.01 of the Revised Code.	982

(21) "Disabled tenant" means a tenant or prospective tenant	983
who is a person with a disability.	984

(22) "Military status" means a person's status in "service in	985
the uniformed services" as defined in section 5903.01 of the	986
Revised Code.	987

(B) For the purposes of divisions (A) to (F) of section	988
4112.02 of the Revised Code, the terms "because of sex" and "on	989
the basis of sex" include, but are not limited to, because of or	990
on the basis of pregnancy, any illness arising out of and	991
occurring during the course of a pregnancy, childbirth, or related	992
medical conditions. Women affected by pregnancy, childbirth, or	993
related medical conditions shall be treated the same for all	994
employment-related purposes, including receipt of benefits under	995
fringe benefit programs, as other persons not so affected but	996
similar in their ability or inability to work, and nothing in	997
division (B) of section 4111.17 of the Revised Code shall be	998
interpreted to permit otherwise. This division shall not be	999
construed to require an employer to pay for health insurance	1000
benefits for abortion, except where the life of the mother would	1001
be endangered if the fetus were carried to term or except where	1002
medical complications have arisen from the abortion, provided that	1003
nothing in this division precludes an employer from providing	1004
abortion benefits or otherwise affects bargaining agreements in	1005
regard to abortion.	1006

Sec. 4112.02. It shall be an unlawful discriminatory	1007
practice:	1008

(A) For any employer, because of the race, color, religion,	1009
sex, military status, national origin, disability, age, or	1010
ancestry of any person, to discharge without just cause, to refuse	1011
to hire, or otherwise to discriminate against that person with	1012
respect to hire, tenure, terms, conditions, or privileges of	1013
employment, or any matter directly or indirectly related to	1014
employment.	1015

(B) For an employment agency or personnel placement service,	1016
because of race, color, religion, sex, military status, national	1017
origin, disability, age, or ancestry, to do any of the following:	1018

(1) Refuse or fail to accept, register, classify properly, or	1019
refer for employment, or otherwise discriminate against any	1020
person;	1021

(2) Comply with a request from an employer for referral of	1022
applicants for employment if the request directly or indirectly	1023
indicates that the employer fails to comply with the provisions of	1024
sections 4112.01 to 4112.07 of the Revised Code.	1025

1026

(1) Limit or classify its membership on the basis of race,	1027
color, religion, sex, military status, national origin,	1028
disability, age, or ancestry;	1029

(2) Discriminate against, limit the employment opportunities	1030
of, or otherwise adversely affect the employment status, wages,	1031
hours, or employment conditions of any person as an employee	1032
because of race, color, religion, sex, military status, national	1033
origin, disability, age, or ancestry.	1034

(D) For any employer, labor organization, or joint	1035
labor-management committee controlling apprentice training	1036
programs to discriminate against any person because of race,	1037
color, religion, sex, military status, national origin,	1038
disability, or ancestry in admission to, or employment in, any	1039
program established to provide apprentice training.	1040

(E) Except where based on a bona fide occupational	1041
qualification certified in advance by the commission, for any	1042
employer, employment agency, personnel placement service, or labor	1043
organization, prior to employment or admission to membership, to	1044
do any of the following:	1045

(1) Elicit or attempt to elicit any information concerning	1046
the race, color, religion, sex, military status, national origin,	1047
disability, age, or ancestry of an applicant for employment or	1048
membership;	1049

(2) Make or keep a record of the race, color, religion, sex,	1050
military status, national origin, disability, age, or ancestry of	1051
any applicant for employment or membership;	1052

(3) Use any form of application for employment, or personnel	1053
or membership blank, seeking to elicit information regarding race,	1054
color, religion, sex, military status, national origin,	1055
disability, age, or ancestry; but an employer holding a contract	1056
containing a nondiscrimination clause with the government of the	1057
United States, or any department or agency of that government, may	1058
require an employee or applicant for employment to furnish	1059
documentary proof of United States citizenship and may retain that	1060
proof in the employer's personnel records and may use photographic	1061
or fingerprint identification for security purposes;	1062

(4) Print or publish or cause to be printed or published any	1063
notice or advertisement relating to employment or membership	1064
indicating any preference, limitation, specification, or	1065
discrimination, based upon race, color, religion, sex, military	1066
status, national origin, disability, age, or ancestry;	1067

(5) Announce or follow a policy of denying or limiting,	1068
through a quota system or otherwise, employment or membership	1069
opportunities of any group because of the race, color, religion,	1070
sex, military status, national origin, disability, age, or	1071
ancestry of that group;	1072

(6) Utilize in the recruitment or hiring of persons any	1073
employment agency, personnel placement service, training school or	1074
center, labor organization, or any other employee-referring source	1075
known to discriminate against persons because of their race,	1076
color, religion, sex, military status, national origin,	1077
disability, age, or ancestry.	1078

(F) For any person seeking employment to publish or cause to	1079
be published any advertisement that specifies or in any manner	1080
indicates that person's race, color, religion, sex, military	1081
status, national origin, disability, age, or ancestry, or	1082
expresses a limitation or preference as to the race, color,	1083
religion, sex, military status, national origin, disability, age,	1084
or ancestry of any prospective employer.	1085

(G) For any proprietor or any employee, keeper, or manager of	1086
a place of public accommodation to deny to any person, except for	1087
reasons applicable alike to all persons regardless of race, color,	1088
religion, sex, military status, national origin, disability, age,	1089
or ancestry, the full enjoyment of the accommodations, advantages,	1090
facilities, or privileges of the place of public accommodation.	1091

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

1092

(1) Refuse to sell, transfer, assign, rent, lease, sublease,	1093
or finance housing accommodations, refuse to negotiate for the	1094
sale or rental of housing accommodations, or otherwise deny or	1095
make unavailable housing accommodations because of race, color,	1096
religion, sex, military status, familial status, ancestry,	1097
disability, or national origin;	1098

(2) Represent to any person that housing accommodations are	1099
not available for inspection, sale, or rental, when in fact they	1100
are available, because of race, color, religion, sex, military	1101
status, familial status, ancestry, disability, or national origin;	1102

(3) Discriminate against any person in the making or	1103
purchasing of loans or the provision of other financial assistance	1104
for the acquisition, construction, rehabilitation, repair, or	1105
maintenance of housing accommodations, or any person in the making	1106
or purchasing of loans or the provision of other financial	1107
assistance that is secured by residential real estate, because of	1108
race, color, religion, sex, military status, familial status,	1109
ancestry, disability, or national origin or because of the racial	1110
composition of the neighborhood in which the housing	1111
accommodations are located, provided that the person, whether an	1112
individual, corporation, or association of any type, lends money	1113
as one of the principal aspects or incident to the person's	1114
principal business and not only as a part of the purchase price of	1115
an owner-occupied residence the person is selling nor merely	1116
casually or occasionally to a relative or friend;	1117

(4) Discriminate against any person in the terms or	1118
conditions of selling, transferring, assigning, renting, leasing,	1119
or subleasing any housing accommodations or in furnishing	1120
facilities, services, or privileges in connection with the	1121
ownership, occupancy, or use of any housing accommodations,	1122
including the sale of fire, extended coverage, or homeowners	1123
insurance, because of race, color, religion, sex, military status,	1124
familial status, ancestry, disability, or national origin or	1125
because of the racial composition of the neighborhood in which the	1126
housing accommodations are located;	1127

(5) Discriminate against any person in the terms or	1128
conditions of any loan of money, whether or not secured by	1129
mortgage or otherwise, for the acquisition, construction,	1130
rehabilitation, repair, or maintenance of housing accommodations	1131
because of race, color, religion, sex, military status, familial	1132
status, ancestry, disability, or national origin or because of the	1133
racial composition of the neighborhood in which the housing	1134
accommodations are located;	1135

(6) Refuse to consider without prejudice the combined income	1136
of both husband and wife for the purpose of extending mortgage	1137
credit to a married couple or either member of a married couple;	1138

(7) Print, publish, or circulate any statement or	1139
advertisement, or make or cause to be made any statement or	1140
advertisement, relating to the sale, transfer, assignment, rental,	1141
lease, sublease, or acquisition of any housing accommodations, or	1142
relating to the loan of money, whether or not secured by mortgage	1143
or otherwise, for the acquisition, construction, rehabilitation,	1144
repair, or maintenance of housing accommodations, that indicates	1145
any preference, limitation, specification, or discrimination based	1146
upon race, color, religion, sex, military status, familial status,	1147
ancestry, disability, or national origin, or an intention to make	1148
any such preference, limitation, specification, or discrimination;	1149

(8) Except as otherwise provided in division (H)(8) or (17)	1150
of this section, make any inquiry, elicit any information, make or	1151
keep any record, or use any form of application containing	1152
questions or entries concerning race, color, religion, sex,	1153
military status, familial status, ancestry, disability, or	1154
national origin in connection with the sale or lease of any	1155
housing accommodations or the loan of any money, whether or not	1156
secured by mortgage or otherwise, for the acquisition,	1157
construction, rehabilitation, repair, or maintenance of housing	1158
accommodations. Any person may make inquiries, and make and keep	1159
records, concerning race, color, religion, sex, military status,	1160
familial status, ancestry, disability, or national origin for the	1161
purpose of monitoring compliance with this chapter.	1162

(9) Include in any transfer, rental, or lease of housing	1163
accommodations any restrictive covenant, or honor or exercise, or	1164
attempt to honor or exercise, any restrictive covenant;	1165

(10) Induce or solicit, or attempt to induce or solicit, a	1166
housing accommodations listing, sale, or transaction by	1167
representing that a change has occurred or may occur with respect	1168
to the racial, religious, sexual, military status, familial	1169
status, or ethnic composition of the block, neighborhood, or other	1170
area in which the housing accommodations are located, or induce or	1171
solicit, or attempt to induce or solicit, a housing accommodations	1172
listing, sale, or transaction by representing that the presence or	1173
anticipated presence of persons of any race, color, religion, sex,	1174
military status, familial status, ancestry, disability, or	1175
national origin, in the block, neighborhood, or other area will or	1176
may have results including, but not limited to, the following:	1177

(a) The lowering of property values;

1178

(b) A change in the racial, religious, sexual, military	1179
status, familial status, or ethnic composition of the block,	1180
neighborhood, or other area;	1181

(c) An increase in criminal or antisocial behavior in the	1182
block, neighborhood, or other area;	1183

(d) A decline in the quality of the schools serving the	1184
block, neighborhood, or other area.	1185

(11) Deny any person access to or membership or participation	1186
in any multiple-listing service, real estate brokers'	1187
organization, or other service, organization, or facility relating	1188
to the business of selling or renting housing accommodations, or	1189
discriminate against any person in the terms or conditions of that	1190
access, membership, or participation, on account of race, color,	1191
religion, sex, military status, familial status, national origin,	1192
disability, or ancestry;	1193

(12) Coerce, intimidate, threaten, or interfere with any	1194
person in the exercise or enjoyment of, or on account of that	1195
person's having exercised or enjoyed or having aided or encouraged	1196
any other person in the exercise or enjoyment of, any right	1197
granted or protected by division (H) of this section;	1198

(13) Discourage or attempt to discourage the purchase by a	1199
prospective purchaser of housing accommodations, by representing	1200
that any block, neighborhood, or other area has undergone or might	1201
undergo a change with respect to its religious, racial, sexual,	1202
military status, familial status, or ethnic composition;	1203

(14) Refuse to sell, transfer, assign, rent, lease, sublease,	1204
or finance, or otherwise deny or withhold, a burial lot from any	1205
person because of the race, color, sex, military status, familial	1206
status, age, ancestry, disability, or national origin of any	1207
prospective owner or user of the lot;	1208

(15) Discriminate in the sale or rental of, or otherwise make	1209
unavailable or deny, housing accommodations to any buyer or renter	1210
because of a disability of any of the following:	1211

(a) The buyer or renter;

1212

(b) A person residing in or intending to reside in the	1213
housing accommodations after they are sold, rented, or made	1214
available;	1215

(c) Any individual associated with the person described in	1216
division (H)(15)(b) of this section.	1217

(16) Discriminate in the terms, conditions, or privileges of	1218
the sale or rental of housing accommodations to any person or in	1219
the provision of services or facilities to any person in	1220
connection with the housing accommodations because of a disability	1221
of any of the following:	1222

(a) That person;

1223

(b) A person residing in or intending to reside in the	1224
housing accommodations after they are sold, rented, or made	1225
available;	1226

(c) Any individual associated with the person described in	1227
division (H)(16)(b) of this section.	1228

(17) Except as otherwise provided in division (H)(17) of this	1229
section, make an inquiry to determine whether an applicant for the	1230
sale or rental of housing accommodations, a person residing in or	1231
intending to reside in the housing accommodations after they are	1232
sold, rented, or made available, or any individual associated with	1233
that person has a disability, or make an inquiry to determine the	1234
nature or severity of a disability of the applicant or such a	1235
person or individual. The following inquiries may be made of all	1236
applicants for the sale or rental of housing accommodations,	1237
regardless of whether they have disabilities:	1238

(a) An inquiry into an applicant's ability to meet the	1239
requirements of ownership or tenancy;	1240

(b) An inquiry to determine whether an applicant is qualified	1241
for housing accommodations available only to persons with	1242
disabilities or persons with a particular type of disability;	1243

(c) An inquiry to determine whether an applicant is qualified	1244
for a priority available to persons with disabilities or persons	1245
with a particular type of disability;	1246

(d) An inquiry to determine whether an applicant currently	1247
uses a controlled substance in violation of section 2925.11 of the	1248
Revised Code or a substantively comparable municipal ordinance;	1249

(e) An inquiry to determine whether an applicant at any time	1250
has been convicted of or pleaded guilty to any offense, an element	1251
of which is the illegal sale, offer to sell, cultivation,	1252
manufacture, other production, shipment, transportation, delivery,	1253
or other distribution of a controlled substance.	1254

(18)(a) Refuse to permit, at the expense of a person with a	1255
disability, reasonable modifications of existing housing	1256
accommodations that are occupied or to be occupied by the person	1257
with a disability, if the modifications may be necessary to afford	1258
the person with a disability full enjoyment of the housing	1259
accommodations. This division does not preclude a landlord of	1260
housing accommodations that are rented or to be rented to a	1261
disabled tenant from conditioning permission for a proposed	1262
modification upon the disabled tenant's doing one or more of the	1263
following:	1264

(i) Providing a reasonable description of the proposed	1265
modification and reasonable assurances that the proposed	1266
modification will be made in a workerlike manner and that any	1267
required building permits will be obtained prior to the	1268
commencement of the proposed modification;	1269

(ii) Agreeing to restore at the end of the tenancy the	1270
interior of the housing accommodations to the condition they were	1271
in prior to the proposed modification, but subject to reasonable	1272
wear and tear during the period of occupancy, if it is reasonable	1273
for the landlord to condition permission for the proposed	1274
modification upon the agreement;	1275

(iii) Paying into an interest-bearing escrow account that is	1276
in the landlord's name, over a reasonable period of time, a	1277
reasonable amount of money not to exceed the projected costs at	1278
the end of the tenancy of the restoration of the interior of the	1279
housing accommodations to the condition they were in prior to the	1280
proposed modification, but subject to reasonable wear and tear	1281
during the period of occupancy, if the landlord finds the account	1282
reasonably necessary to ensure the availability of funds for the	1283
restoration work. The interest earned in connection with an escrow	1284
account described in this division shall accrue to the benefit of	1285
the disabled tenant who makes payments into the account.	1286

(b) A landlord shall not condition permission for a proposed	1287
modification upon a disabled tenant's payment of a security	1288
deposit that exceeds the customarily required security deposit of	1289
all tenants of the particular housing accommodations.	1290

(19) Refuse to make reasonable accommodations in rules,	1291
policies, practices, or services when necessary to afford a person	1292
with a disability equal opportunity to use and enjoy a dwelling	1293
unit, including associated public and common use areas;	1294

(20) Fail to comply with the standards and rules adopted	1295
under division (A) of section 3781.111 of the Revised Code;	1296

(21) Discriminate against any person in the selling,	1297
brokering, or appraising of real property because of race, color,	1298
religion, sex, military status, familial status, ancestry,	1299
disability, or national origin;	1300

(22) Fail to design and construct covered multifamily	1301
dwellings for first occupancy on or after June 30, 1992, in	1302
accordance with the following conditions:	1303

(a) The dwellings shall have at least one building entrance	1304
on an accessible route, unless it is impractical to do so because	1305
of the terrain or unusual characteristics of the site.	1306

(b) With respect to dwellings that have a building entrance	1307
on an accessible route, all of the following apply:	1308

(i) The public use areas and common use areas of the	1309
dwellings shall be readily accessible to and usable by persons	1310
with a disability.	1311

(ii) All the doors designed to allow passage into and within	1312
all premises shall be sufficiently wide to allow passage by	1313
persons with a disability who are in wheelchairs.	1314

(iii) All premises within covered multifamily dwelling units	1315
shall contain an accessible route into and through the dwelling;	1316
all light switches, electrical outlets, thermostats, and other	1317
environmental controls within such units shall be in accessible	1318
locations; the bathroom walls within such units shall contain	1319
reinforcements to allow later installation of grab bars; and the	1320
kitchens and bathrooms within such units shall be designed and	1321
constructed in a manner that enables an individual in a wheelchair	1322
to maneuver about such rooms.	1323

For purposes of division (H)(22) of this section, "covered	1324
multifamily dwellings" means buildings consisting of four or more	1325
units if such buildings have one or more elevators and ground	1326
floor units in other buildings consisting of four or more units.	1327

(I) For any person to discriminate in any manner against any	1328
other person because that person has opposed any unlawful	1329
discriminatory practice defined in this section or because that	1330
person has made a charge, testified, assisted, or participated in	1331
any manner in any investigation, proceeding, or hearing under	1332
sections 4112.01 to 4112.07 of the Revised Code.	1333

(J) For any person to aid, abet, incite, compel, or coerce	1334
the doing of any act declared by this section to be an unlawful	1335
discriminatory practice, to obstruct or prevent any person from	1336
complying with this chapter or any order issued under it, or to	1337
attempt directly or indirectly to commit any act declared by this	1338
section to be an unlawful discriminatory practice.	1339

(K)(1) Nothing in division (H) of this section shall bar any	1340
religious or denominational institution or organization, or any	1341
nonprofit charitable or educational organization that is operated,	1342
supervised, or controlled by or in connection with a religious	1343
organization, from limiting the sale, rental, or occupancy of	1344
housing accommodations that it owns or operates for other than a	1345
commercial purpose to persons of the same religion, or from giving	1346
preference in the sale, rental, or occupancy of such housing	1347
accommodations to persons of the same religion, unless membership	1348
in the religion is restricted on account of race, color, or	1349
national origin.	1350

(2) Nothing in division (H) of this section shall bar any	1351
bona fide private or fraternal organization that, incidental to	1352
its primary purpose, owns or operates lodgings for other than a	1353
commercial purpose, from limiting the rental or occupancy of the	1354
lodgings to its members or from giving preference to its members.	1355

(3) Nothing in division (H) of this section limits the	1356
applicability of any reasonable local, state, or federal	1357
restrictions regarding the maximum number of occupants permitted	1358
to occupy housing accommodations. Nothing in that division	1359
prohibits the owners or managers of housing accommodations from	1360
implementing reasonable occupancy standards based on the number	1361
and size of sleeping areas or bedrooms and the overall size of a	1362
dwelling unit, provided that the standards are not implemented to	1363
circumvent the purposes of this chapter and are formulated,	1364
implemented, and interpreted in a manner consistent with this	1365
chapter and any applicable local, state, or federal restrictions	1366
regarding the maximum number of occupants permitted to occupy	1367
housing accommodations.	1368

(4) Nothing in division (H) of this section requires that	1369
housing accommodations be made available to an individual whose	1370
tenancy would constitute a direct threat to the health or safety	1371
of other individuals or whose tenancy would result in substantial	1372
physical damage to the property of others.	1373

(5) Nothing in division (H) of this section pertaining to	1374
discrimination on the basis of familial status shall be construed	1375
to apply to any of the following:	1376

(a) Housing accommodations provided under any state or	1377
federal program that have been determined under the "Fair Housing	1378
Amendments Act of 1988," 102 Stat. 1623, 42 U.S.C.A. 3607, as	1379
amended, to be specifically designed and operated to assist	1380
elderly persons;	1381

(b) Housing accommodations intended for and solely occupied	1382
by persons who are sixty-two years of age or older;	1383

(c) Housing accommodations intended and operated for	1384
occupancy by at least one person who is fifty-five years of age or	1385
older per unit, as determined under the "Fair Housing Amendments	1386
Act of 1988," 102 Stat. 1623, 42 U.S.C.A. 3607, as amended.	1387

(L) Nothing in divisions (A) to (E) of this section shall be	1388
construed to require a person with a disability to be employed or	1389
trained under circumstances that would significantly increase the	1390
occupational hazards affecting either the person with a	1391
disability, other employees, the general public, or the facilities	1392
in which the work is to be performed, or to require the employment	1393
or training of a person with a disability in a job that requires	1394
the person with a disability routinely to undertake any task, the	1395
performance of which is substantially and inherently impaired by	1396
the person's disability.	1397

(M) Nothing in divisions (H)(1) to (18) of this section shall	1398
be construed to require any person selling or renting property to	1399
modify the property in any way or to exercise a higher degree of	1400
care for a person with a disability, to relieve any person with a	1401
disability of any obligation generally imposed on all persons	1402
regardless of disability in a written lease, rental agreement, or	1403
contract of purchase or sale, or to forbid distinctions based on	1404
the inability to fulfill the terms and conditions, including	1405
financial obligations, of the lease, agreement, or contract.	1406

(N) An aggrieved individual may enforce the individual's	1407
rights relative to discrimination on the basis of age as provided	1408
for in this section by instituting a civil action, within one	1409
hundred eighty days after the alleged unlawful discriminatory	1410
practice occurred, in any court with jurisdiction for any legal or	1411
equitable relief that will effectuate the individual's rights.	1412

A person who files a civil action under this division is	1413
barred, with respect to the practices complained of, from	1414
instituting a civil action under section 4112.14 of the Revised	1415
Code and from filing a charge with the commission under section	1416
4112.05 of the Revised Code.	1417

(O) With regard to age, it shall not be an unlawful	1418
discriminatory practice and it shall not constitute a violation of	1419
division (A) of section 4112.14 of the Revised Code for any	1420
employer, employment agency, joint labor-management committee	1421
controlling apprenticeship training programs, or labor	1422
organization to do any of the following:	1423

(1) Establish bona fide employment qualifications reasonably	1424
related to the particular business or occupation that may include	1425
standards for skill, aptitude, physical capability, intelligence,	1426
education, maturation, and experience;	1427

(2) Observe the terms of a bona fide seniority system or any	1428
bona fide employee benefit plan, including, but not limited to, a	1429
retirement, pension, or insurance plan, that is not a subterfuge	1430
to evade the purposes of this section. However, no such employee	1431
benefit plan shall excuse the failure to hire any individual, and	1432
no such seniority system or employee benefit plan shall require or	1433
permit the involuntary retirement of any individual, because of	1434
the individual's age except as provided for in the "Age	1435
Discrimination in Employment Act Amendment of 1978," 92 Stat. 189,	1436
29 U.S.C.A. 623, as amended by the "Age Discrimination in	1437
Employment Act Amendments of 1986," 100 Stat. 3342, 29 U.S.C.A.	1438
623, as amended.	1439

(3) Retire an employee who has attained sixty-five years of	1440
age who, for the two-year period immediately before retirement, is	1441
employed in a bona fide executive or a high policymaking position,	1442
if the employee is entitled to an immediate nonforfeitable annual	1443
retirement benefit from a pension, profit-sharing, savings, or	1444
deferred compensation plan, or any combination of those plans, of	1445
the employer of the employee, which equals, in the aggregate, at	1446
least forty-four thousand dollars, in accordance with the	1447
conditions of the "Age Discrimination in Employment Act Amendment	1448
of 1978," 92 Stat. 189, 29 U.S.C.A. 631, as amended by the "Age	1449
Discrimination in Employment Act Amendments of 1986," 100 Stat.	1450
3342, 29 U.S.C.A. 631, as amended;	1451

(4) Observe the terms of any bona fide apprenticeship program	1452
if the program is registered with the Ohio apprenticeship council	1453
pursuant to sections 4139.01 to 4139.06 of the Revised Code and is	1454
approved by the federal committee on apprenticeship of the United	1455
States department of labor.	1456

(P) Nothing in this chapter prohibiting age discrimination	1457
and nothing in division (A) of section 4112.14 of the Revised Code	1458
shall be construed to prohibit the following:	1459

(1) The designation of uniform age the attainment of which is	1460
necessary for public employees to receive pension or other	1461
retirement benefits pursuant to Chapter 145., 742., 3307., 3309.,	1462
or 5505. of the Revised Code;	1463

(2) The mandatory retirement of uniformed patrol officers of	1464
the state highway patrol as provided in section 5505.16 of the	1465
Revised Code;	1466

(3) The maximum age requirements for appointment as a patrol	1467
officer in the state highway patrol established by section 5503.01	1468
of the Revised Code;	1469

(4) The maximum age requirements established for original	1470
appointment to a police department or fire department in sections	1471
124.41 and 124.42 of the Revised Code;	1472

(5) Any maximum age not in conflict with federal law that may	1473
be established by a municipal charter, municipal ordinance, or	1474
resolution of a board of township trustees for original	1475
appointment as a police officer or firefighter;	1476

(6) Any mandatory retirement provision not in conflict with	1477
federal law of a municipal charter, municipal ordinance, or	1478
resolution of a board of township trustees pertaining to police	1479
officers and firefighters;	1480

(7) Until January 1, 1994, the mandatory retirement of any	1481
employee who has attained seventy years of age and who is serving	1482
under a contract of unlimited tenure, or similar arrangement	1483
providing for unlimited tenure, at an institution of higher	1484
education as defined in the "Education Amendments of 1980," 94	1485
Stat. 1503, 20 U.S.C.A. 1141(a).	1486

(Q)(1)(a) Except as provided in division (Q)(1)(b) of this	1487
section, for purposes of divisions (A) to (E) of this section, a	1488
disability does not include any physiological disorder or	1489
condition, mental or psychological disorder, or disease or	1490
condition caused by an illegal use of any controlled substance by	1491
an employee, applicant, or other person, if an employer,	1492
employment agency, personnel placement service, labor	1493
organization, or joint labor-management committee acts on the	1494
basis of that illegal use.	1495

(b) Division (Q)(1)(a) of this section does not apply to an	1496
employee, applicant, or other person who satisfies any of the	1497
following:	1498

(i) The employee, applicant, or other person has successfully	1499
completed a supervised drug rehabilitation program and no longer	1500
is engaging in the illegal use of any controlled substance, or the	1501
employee, applicant, or other person otherwise successfully has	1502
been rehabilitated and no longer is engaging in that illegal use.	1503

(ii) The employee, applicant, or other person is	1504
participating in a supervised drug rehabilitation program and no	1505
longer is engaging in the illegal use of any controlled substance.	1506

(iii) The employee, applicant, or other person is erroneously	1507
regarded as engaging in the illegal use of any controlled	1508
substance, but the employee, applicant, or other person is not	1509
engaging in that illegal use.	1510

(2) Divisions (A) to (E) of this section do not prohibit an	1511
employer, employment agency, personnel placement service, labor	1512
organization, or joint labor-management committee from doing any	1513
of the following:	1514

(a) Adopting or administering reasonable policies or	1515
procedures, including, but not limited to, testing for the illegal	1516
use of any controlled substance, that are designed to ensure that	1517
an individual described in division (Q)(1)(b)(i) or (ii) of this	1518
section no longer is engaging in the illegal use of any controlled	1519
substance;	1520

(b) Prohibiting the illegal use of controlled substances and	1521
the use of alcohol at the workplace by all employees;	1522

(c) Requiring that employees not be under the influence of	1523
alcohol or not be engaged in the illegal use of any controlled	1524
substance at the workplace;	1525

(d) Requiring that employees behave in conformance with the	1526
requirements established under "The Drug-Free Workplace Act of	1527
1988," 102 Stat. 4304, 41 U.S.C.A. 701, as amended;	1528

(e) Holding an employee who engages in the illegal use of any	1529
controlled substance or who is an alcoholic to the same	1530
qualification standards for employment or job performance, and the	1531
same behavior, to which the employer, employment agency, personnel	1532
placement service, labor organization, or joint labor-management	1533
committee holds other employees, even if any unsatisfactory	1534
performance or behavior is related to an employee's illegal use of	1535
a controlled substance or alcoholism;	1536

(f) Exercising other authority recognized in the "Americans	1537
with Disabilities Act of 1990," 104 Stat. 327, 42 U.S.C.A. 12101,	1538
as amended, including, but not limited to, requiring employees to	1539
comply with any applicable federal standards.	1540

(3) For purposes of this chapter, a test to determine the	1541
illegal use of any controlled substance does not include a medical	1542
examination.	1543

(4) Division (Q) of this section does not encourage,	1544
prohibit, or authorize, and shall not be construed as encouraging,	1545
prohibiting, or authorizing, the conduct of testing for the	1546
illegal use of any controlled substance by employees, applicants,	1547
or other persons, or the making of employment decisions based on	1548
the results of that type of testing.	1549

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

1550

(1) "Credit" means the right granted by a creditor to a	1551
person to defer payment of a debt, to incur debt and defer its	1552
payment, or to purchase property or services and defer payment for	1553
the property or services.	1554

(2) "Creditor" means any person who regularly extends,	1555
renews, or continues credit, any person who regularly arranges for	1556
the extension, renewal, or continuation of credit, or any assignee	1557
of an original creditor who participates in the decision to	1558
extend, renew, or continue credit, whether or not any interest or	1559
finance charge is required.	1560

(3) "Credit reporting agency" means any person who, for	1561
monetary fees or dues or on a cooperative nonprofit basis,	1562
regularly assembles or evaluates credit information for the	1563
purpose of furnishing credit reports to creditors.	1564

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

1565

(B) It shall be an unlawful discriminatory practice:

1566

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

1567

(a) Discriminate against any applicant for credit in the	1568
granting, withholding, extending, or renewing of credit, or in the	1569
fixing of the rates, terms, or conditions of any form of credit,	1570
on the basis of race, color, religion, age, sex, military status,	1571
marital status, national origin, disability, or ancestry, except	1572
that this division shall not apply with respect to age in any real	1573
estate transaction between a financial institution, a dealer in	1574
intangibles, or an insurance company as defined in section 5725.01	1575
of the Revised Code and its customers;	1576

(b) Use or make any inquiry as to race, color, religion, age,	1577
sex, military status, marital status, national origin, disability,	1578
or ancestry for the purpose of limiting or specifying those	1579
persons to whom credit will be granted, except that an inquiry of	1580
marital status does not constitute discrimination for the purposes	1581
of this section if the inquiry is made for the purpose of	1582
ascertaining the creditor's rights and remedies applicable to the	1583
particular extension of credit, and except that creditors are	1584
excepted from this division with respect to any inquiry,	1585
elicitation of information, record, or form of application	1586
required of a particular creditor by any instrumentality or agency	1587
of the United States, or required of a particular creditor by any	1588
agency or instrumentality to enforce the "Civil Rights Act of	1589
1968," 82 Stat. 84, 85, 42 U.S.C.A. 3608(c);	1590

(c) Refuse to consider the sources of income of an applicant	1591
for credit, or disregard or ignore the income of an applicant, in	1592
whole or in part, on the basis of race, color, religion, age, sex,	1593
military status, marital status, disability, national origin, or	1594
ancestry;	1595

(d) Refuse to grant credit to an individual in any name that	1596
individual customarily uses, if it has been determined in the	1597
normal course of business that the creditor will grant credit to	1598
the individual;	1599

(e) Impose any special requirements or conditions, including,	1600
but not limited to, a requirement for co-obligors or	1601
reapplication, upon any applicant or class of applicants on the	1602
basis of race, color, religion, age, sex, military status, marital	1603
status, national origin, disability, or ancestry in circumstances	1604
where similar requirements or conditions are not imposed on other	1605
applicants similarly situated, unless the special requirements or	1606
conditions that are imposed with respect to age are the result of	1607
a real estate transaction exempted under division (B)(1)(a) of	1608
this section or are the result of programs that grant preferences	1609
to certain age groups administered by instrumentalities or	1610
agencies of the United States, a state, or a political subdivision	1611
of a state;	1612

(f) Fail or refuse to provide an applicant for credit a	1613
written statement of the specific reasons for rejection of the	1614
application if requested in writing by the applicant within sixty	1615
days of the rejection. The creditor shall provide the written	1616
statement of the specific reason for rejection within thirty days	1617
after receipt of a request of that nature. For purposes of this	1618
section, a statement that the applicant was rejected solely on the	1619
basis of information received from a credit reporting agency or	1620
because the applicant failed to meet the standards required by the	1621
creditor's credit scoring system, uniformly applied, shall	1622
constitute a specific reason for rejection.	1623

(g) Fail or refuse to print on or firmly attach to each	1624
application for credit, in a type size no smaller than that used	1625
throughout most of the application form, the following notice:	1626
"The Ohio laws against discrimination require that all creditors	1627
make credit equally available to all credit worthy customers, and	1628
that credit reporting agencies maintain separate credit histories	1629
on each individual upon request. The Ohio civil rights commission	1630
administers compliance with this law." This notice is not required	1631
to be included in applications that have a multi-state	1632
distribution if the notice is mailed to the applicant with the	1633
notice of acceptance or rejection of the application.	1634

(h) Fail or refuse on the basis of race, color, religion,	1635
age, sex, military status, marital status, national origin,	1636
disability, or ancestry to maintain, upon the request of the	1637
individual, a separate account for each individual to whom credit	1638
is extended;	1639

(i) Fail or refuse on the basis of race, color, religion,	1640
age, sex, military status, marital status, national origin,	1641
disability, or ancestry to maintain records on any account	1642
established after November 1, 1976, to furnish information on the	1643
accounts to credit reporting agencies in a manner that clearly	1644
designates the contractual liability for repayment as indicated on	1645
the application for the account, and, if more than one individual	1646
is contractually liable for repayment, to maintain records and	1647
furnish information in the name of each individual. This division	1648
does not apply to individuals who are contractually liable only if	1649
the primary party defaults on the account.	1650

(2) For any credit reporting agency to do any of the	1651
following:	1652

(a) Fail or refuse on the basis of race, color, religion,	1653
age, sex, military status, marital status, national origin,	1654
disability, or ancestry to maintain, upon the request of the	1655
individual, a separate file on each individual about whom	1656
information is assembled or evaluated;	1657

(b) Fail or refuse on the basis of race, color, religion,	1658
age, sex, military status, marital status, national origin,	1659
disability, or ancestry to clearly note, maintain, and report any	1660
information furnished it under division (B)(1)(i) of this section.	1661

(C) This section does not prohibit a creditor from requesting	1662
the signature of both spouses to create a valid lien, pass clear	1663
title, or waive inchoate rights to property.	1664

(D) The rights granted by this section may be enforced by	1665
aggrieved individuals by filing a civil action in a court of	1666
common pleas within one hundred eighty days after the alleged	1667
unlawful discriminatory practice occurred. Upon application by the	1668
plaintiff and in circumstances that the court considers just, the	1669
court in which a civil action under this section is brought may	1670
appoint an attorney for the plaintiff and may authorize the	1671
commencement of a civil action upon proper showing without the	1672
payment of costs. If the court finds that an unlawful	1673
discriminatory practice prohibited by this section occurred or is	1674
about to occur, the court may grant relief that it considers	1675
appropriate, including a permanent or temporary injunction,	1676
temporary restraining order, or other order, and may award to the	1677
plaintiff compensatory and punitive damages of not less than one	1678
hundred dollars, together with attorney's fees and court costs.	1679

(E) Nothing contained in this section shall bar a creditor	1680
from reviewing an application for credit on the basis of	1681
established criteria used in the normal course of business for the	1682
determination of the credit worthiness of the individual applicant	1683
for credit, including the credit history of the applicant.	1684

Sec. 4112.023. The decision of Fisher v. Peters, 249 F.3d 433	1685
(6th Cir. 2001), which held that if a person's civilian job is	1686
inherently military, the person must pursue military, rather than	1687
civilian, channels when pursuing employment discrimination claims,	1688
shall be applied when construing the prohibitions contained in	1689
this chapter against discrimination on the basis of a person's	1690
military status.	1691

Sec. 4112.04. (A) The commission shall do all of the	1692
following:	1693

(1) Establish and maintain a principal office in the city of	1694
Columbus and any other offices within the state that it considers	1695
necessary;	1696

(2) Appoint an executive director who shall serve at the	1697
pleasure of the commission and be its principal administrative	1698
officer. The executive director shall be paid a salary fixed	1699
pursuant to Chapter 124. of the Revised Code.	1700

(3) Appoint hearing examiners and other employees and agents	1701
who it considers necessary and prescribe their duties subject to	1702
Chapter 124. of the Revised Code;	1703

(4) Adopt, promulgate, amend, and rescind rules to effectuate	1704
the provisions of this chapter and the policies and practice of	1705
the commission in connection with this chapter;	1706

(5) Formulate policies to effectuate the purposes of this	1707
chapter and make recommendations to agencies and officers of the	1708
state or political subdivisions to effectuate the policies;	1709

(6) Receive, investigate, and pass upon written charges made	1710
under oath of unlawful discriminatory practices;	1711

(7) Make periodic surveys of the existence and effect of	1712
discrimination because of race, color, religion, sex, military	1713
status, familial status, national origin, disability, age, or	1714
ancestry on the enjoyment of civil rights by persons within the	1715
state;	1716

(8) Report, from time to time, but not less than once a year,	1717
to the general assembly and the governor, describing in detail the	1718
investigations, proceedings, and hearings it has conducted and	1719
their outcome, the decisions it has rendered, and the other work	1720
performed by it, which report shall include a copy of any surveys	1721
prepared pursuant to division (A)(7) of this section and shall	1722
include the recommendations of the commission as to legislative or	1723
other remedial action;	1724

(9) Prepare a comprehensive educational program, in	1725
cooperation with the department of education, for the students of	1726
the public schools of this state and for all other residents of	1727
this state that is designed to eliminate prejudice on the basis of	1728
race, color, religion, sex, military status, familial status,	1729
national origin, disability, age, or ancestry in this state, to	1730
further good will among those groups, and to emphasize the origin	1731
of prejudice against those groups, its harmful effects, and its	1732
incompatibility with American principles of equality and fair	1733
play;	1734

(10) Receive progress reports from agencies,	1735
instrumentalities, institutions, boards, commissions, and other	1736
entities of this state or any of its political subdivisions and	1737
their agencies, instrumentalities, institutions, boards,	1738
commissions, and other entities regarding affirmative action	1739
programs for the employment of persons against whom discrimination	1740
is prohibited by this chapter, or regarding any affirmative	1741
housing accommodations programs developed to eliminate or reduce	1742
an imbalance of race, color, religion, sex, military status,	1743
familial status, national origin, disability, or ancestry. All	1744
agencies, instrumentalities, institutions, boards, commissions,	1745
and other entities of this state or its political subdivisions,	1746
and all political subdivisions, that have undertaken affirmative	1747
action programs pursuant to a conciliation agreement with the	1748
commission, an executive order of the governor, any federal	1749
statute or rule, or an executive order of the president of the	1750
United States shall file progress reports with the commission	1751
annually on or before the first day of November. The commission	1752
shall analyze and evaluate the progress reports and report its	1753
findings annually to the general assembly on or before the	1754
thirtieth day of January of the year immediately following the	1755
receipt of the reports.	1756

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

1757

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

1758

(2) Initiate and undertake on its own motion investigations	1759
of problems of employment or housing accommodations	1760
discrimination;	1761

(3) Hold hearings, subpoena witnesses, compel their	1762
attendance, administer oaths, take the testimony of any person	1763
under oath, require the production for examination of any books	1764
and papers relating to any matter under investigation or in	1765
question before the commission, and make rules as to the issuance	1766
of subpoenas by individual commissioners.	1767

(a) In conducting a hearing or investigation, the commission	1768
shall have access at all reasonable times to premises, records,	1769
documents, individuals, and other evidence or possible sources of	1770
evidence and may examine, record, and copy the premises, records,	1771
documents, and other evidence or possible sources of evidence and	1772
take and record the testimony or statements of the individuals as	1773
reasonably necessary for the furtherance of the hearing or	1774
investigation. In investigations, the commission shall comply with	1775
the fourth amendment to the United States Constitution relating to	1776
unreasonable searches and seizures. The commission or a member of	1777
the commission may issue subpoenas to compel access to or the	1778
production of premises, records, documents, and other evidence or	1779
possible sources of evidence or the appearance of individuals, and	1780
may issue interrogatories to a respondent, to the same extent and	1781
subject to the same limitations as would apply if the subpoenas or	1782
interrogatories were issued or served in aid of a civil action in	1783
a court of common pleas.	1784

(b) Upon written application by a respondent, the commission	1785
shall issue subpoenas in its name to the same extent and subject	1786
to the same limitations as subpoenas issued by the commission.	1787
Subpoenas issued at the request of a respondent shall show on	1788
their face the name and address of the respondent and shall state	1789
that they were issued at the respondent's request.	1790

(c) Witnesses summoned by subpoena of the commission are	1791
entitled to the same witness and mileage fees as are witnesses in	1792
proceedings in a court of common pleas.	1793

(d) Within five days after service of a subpoena upon any	1794
person, the person may petition the commission to revoke or modify	1795
the subpoena. The commission shall grant the petition if it finds	1796
that the subpoena requires an appearance or attendance at an	1797
unreasonable time or place, that it requires production of	1798
evidence that does not relate to any matter before the commission,	1799
that it does not describe with sufficient particularity the	1800
evidence to be produced, that compliance would be unduly onerous,	1801
or for other good reason.	1802

(e) In case of contumacy or refusal to obey a subpoena, the	1803
commission or person at whose request it was issued may petition	1804
for its enforcement in the court of common pleas in the county in	1805
which the person to whom the subpoena was addressed resides, was	1806
served, or transacts business.	1807

(4) Create local or statewide advisory agencies and	1808
conciliation councils to aid in effectuating the purposes of this	1809
chapter. The commission may itself, or it may empower these	1810
agencies and councils to, do either or both of the following:	1811

(a) Study the problems of discrimination in all or specific	1812
fields of human relationships when based on race, color, religion,	1813
sex, military status, familial status, national origin,	1814
disability, age, or ancestry;	1815

(b) Foster through community effort, or otherwise, good will	1816
among the groups and elements of the population of the state.	1817

The agencies and councils may make recommendations to the	1818
commission for the development of policies and procedures in	1819
general. They shall be composed of representative citizens who	1820
shall serve without pay, except that reimbursement for actual and	1821
necessary traveling expenses shall be made to citizens who serve	1822
on a statewide agency or council.	1823

(5) Issue any publications and the results of investigations	1824
and research that in its judgment will tend to promote good will	1825
and minimize or eliminate discrimination because of race, color,	1826
religion, sex, military status, familial status, national origin,	1827
disability, age, or ancestry.	1828

Sec. 4112.05. (A) The commission, as provided in this	1829
section, shall prevent any person from engaging in unlawful	1830
discriminatory practices, provided that, before instituting the	1831
formal hearing authorized by division (B) of this section, it	1832
shall attempt, by informal methods of conference, conciliation,	1833
and persuasion, to induce compliance with this chapter.	1834

(B)(1) Any person may file a charge with the commission	1835
alleging that another person has engaged or is engaging in an	1836
unlawful discriminatory practice. In the case of a charge alleging	1837
an unlawful discriminatory practice described in division (A),	1838
(B), (C), (D), (E), (F), (G), (I), or (J) of section 4112.02 or in	1839
section 4112.021 or 4112.022 of the Revised Code, the charge shall	1840
be in writing and under oath and shall be filed with the	1841
commission within six months after the alleged unlawful	1842
discriminatory practice was committed. In the case of a charge	1843
alleging an unlawful discriminatory practice described in division	1844
(H) of section 4112.02 of the Revised Code, the charge shall be in	1845
writing and under oath and shall be filed with the commission	1846
within one year after the alleged unlawful discriminatory practice	1847
was committed.	1848

(2) Upon receiving a charge, the commission may initiate a	1849
preliminary investigation to determine whether it is probable that	1850
an unlawful discriminatory practice has been or is being engaged	1851
in. The commission also may conduct, upon its own initiative and	1852
independent of the filing of any charges, a preliminary	1853
investigation relating to any of the unlawful discriminatory	1854
practices described in division (A), (B), (C), (D), (E), (F), (I),	1855
or (J) of section 4112.02 or in section 4112.021 or 4112.022 of	1856
the Revised Code. Prior to a notification of a complainant under	1857
division (B)(4) of this section or prior to the commencement of	1858
informal methods of conference, conciliation, and persuasion under	1859
that division, the members of the commission and the officers and	1860
employees of the commission shall not make public in any manner	1861
and shall retain as confidential all information that was obtained	1862
as a result of or that otherwise pertains to a preliminary	1863
investigation other than one described in division (B)(3) of this	1864
section.	1865

(3)(a) Unless it is impracticable to do so and subject to its	1866
authority under division (B)(3)(d) of this section, the commission	1867
shall complete a preliminary investigation of a charge filed	1868
pursuant to division (B)(1) of this section that alleges an	1869
unlawful discriminatory practice described in division (H) of	1870
section 4112.02 of the Revised Code, and shall take one of the	1871
following actions, within one hundred days after the filing of the	1872
charge:	1873

(i) Notify the complainant and the respondent that it is not	1874
probable that an unlawful discriminatory practice described in	1875
division (H) of section 4112.02 of the Revised Code has been or is	1876
being engaged in and that the commission will not issue a	1877
complaint in the matter;	1878

(ii) Initiate a complaint and schedule it for informal	1879
methods of conference, conciliation, and persuasion;	1880

(iii) Initiate a complaint and refer it to the attorney	1881
general with a recommendation to seek a temporary or permanent	1882
injunction or a temporary restraining order. If this action is	1883
taken, the attorney general shall apply, as expeditiously as	1884
possible after receipt of the complaint, to the court of common	1885
pleas of the county in which the unlawful discriminatory practice	1886
allegedly occurred for the appropriate injunction or order, and	1887
the court shall hear and determine the application as	1888
expeditiously as possible.	1889

(b) If it is not practicable to comply with the requirements	1890
of division (B)(3)(a) of this section within the one-hundred-day	1891
period described in that division, the commission shall notify the	1892
complainant and the respondent in writing of the reasons for the	1893
noncompliance.	1894

(c) Prior to the issuance of a complaint under division	1895
(B)(3)(a)(ii) or (iii) of this section or prior to a notification	1896
of the complainant and the respondent under division (B)(3)(a)(i)	1897
of this section, the members of the commission and the officers	1898
and employees of the commission shall not make public in any	1899
manner and shall retain as confidential all information that was	1900
obtained as a result of or that otherwise pertains to a	1901
preliminary investigation of a charge filed pursuant to division	1902
(B)(1) of this section that alleges an unlawful discriminatory	1903
practice described in division (H) of section 4112.05 of the	1904
Revised Code.	1905

(d) Notwithstanding the types of action described in	1906
divisions (B)(3)(a)(ii) and (iii) of this section, prior to the	1907
issuance of a complaint or the referral of a complaint to the	1908
attorney general and prior to endeavoring to eliminate an unlawful	1909
discriminatory practice described in division (H) of section	1910
4112.02 of the Revised Code by informal methods of conference,	1911
conciliation, and persuasion, the commission may seek a temporary	1912
or permanent injunction or a temporary restraining order in the	1913
court of common pleas of the county in which the unlawful	1914
discriminatory practice allegedly occurred.	1915

(4) If the commission determines after a preliminary	1916
investigation other than one described in division (B)(3) of this	1917
section that it is not probable that an unlawful discriminatory	1918
practice has been or is being engaged in, it shall notify any	1919
complainant under division (B)(1) of this section that it has so	1920
determined and that it will not issue a complaint in the matter.	1921
If the commission determines after a preliminary investigation	1922
other than the one described in division (B)(3) of this section	1923
that it is probable that an unlawful discriminatory practice has	1924
been or is being engaged in, it shall endeavor to eliminate the	1925
practice by informal methods of conference, conciliation, and	1926
persuasion.	1927

(5) Nothing said or done during informal methods of	1928
conference, conciliation, and persuasion under this section shall	1929
be disclosed by any member of the commission or its staff or be	1930
used as evidence in any subsequent hearing or other proceeding.	1931
If, after a preliminary investigation and the use of informal	1932
methods of conference, conciliation, and persuasion under this	1933
section, the commission is satisfied that any unlawful	1934
discriminatory practice will be eliminated, it may treat the	1935
charge involved as being conciliated and enter that disposition on	1936
the records of the commission. If the commission fails to effect	1937
the elimination of an unlawful discriminatory practice by informal	1938
methods of conference, conciliation, and persuasion under this	1939
section and to obtain voluntary compliance with this chapter, the	1940
commission shall issue and cause to be served upon any person,	1941
including the respondent against whom a complainant has filed a	1942
charge pursuant to division (B)(1) of this section, a complaint	1943
stating the charges involved and containing a notice of an	1944
opportunity for a hearing before the commission, a member of the	1945
commission, or a hearing examiner at a place that is stated in the	1946
notice and that is located within the county in which the alleged	1947
unlawful discriminatory practice has occurred or is occurring or	1948
in which the respondent resides or transacts business. The hearing	1949
shall be held not less than thirty days after the service of the	1950
complaint upon the complainant, the aggrieved persons other than	1951
the complainant on whose behalf the complaint is issued, and the	1952
respondent, unless the complainant, an aggrieved person, or the	1953
respondent elects to proceed under division (A)(2) of section	1954
4112.051 of the Revised Code when that division is applicable. If	1955
a complaint pertains to an alleged unlawful discriminatory	1956
practice described in division (H) of section 4112.02 of the	1957
Revised Code, the complaint shall notify the complainant, an	1958
aggrieved person, and the respondent of the right of the	1959
complainant, an aggrieved person, or the respondent to elect to	1960
proceed with the administrative hearing process under this section	1961
or to proceed under division (A)(2) of section 4112.051 of the	1962
Revised Code.	1963

(6) The attorney general shall represent the commission at	1964
any hearing held pursuant to division (B)(5) of this section and	1965
shall present the evidence in support of the complaint.	1966

(7) Any complaint issued pursuant to division (B)(5) of this	1967
section after the filing of a charge under division (B)(1) of this	1968
section shall be so issued within one year after the complainant	1969
filed the charge with respect to an alleged unlawful	1970
discriminatory practice.	1971

(C) Any complaint issued pursuant to division (B) of this	1972
section may be amended by the commission, a member of the	1973
commission, or the hearing examiner conducting a hearing under	1974
division (B) of this section, at any time prior to or during the	1975
hearing. The respondent has the right to file an answer or an	1976
amended answer to the original and amended complaints and to	1977
appear at the hearing in person, by attorney, or otherwise to	1978
examine and cross-examine witnesses.	1979

(D) The complainant shall be a party to a hearing under	1980
division (B) of this section, and any person who is an	1981
indispensable party to a complete determination or settlement of a	1982
question involved in the hearing shall be joined. Any person who	1983
has or claims an interest in the subject of the hearing and in	1984
obtaining or preventing relief against the unlawful discriminatory	1985
practices complained of may be permitted, in the discretion of the	1986
person or persons conducting the hearing, to appear for the	1987
presentation of oral or written arguments.	1988

(E) In any hearing under division (B) of this section, the	1989
commission, a member of the commission, or the hearing examiner	1990
shall not be bound by the Rules of Evidence but, in ascertaining	1991
the practices followed by the respondent, shall take into account	1992
all reliable, probative, and substantial statistical or other	1993
evidence produced at the hearing that may tend to prove the	1994
existence of a predetermined pattern of employment or membership,	1995
provided that nothing contained in this section shall be construed	1996
to authorize or require any person to observe the proportion that	1997
persons of any race, color, religion, sex, military status,	1998
familial status, national origin, disability, age, or ancestry	1999
bear to the total population or in accordance with any criterion	2000
other than the individual qualifications of the applicant.	2001

(F) The testimony taken at a hearing under division (B) of	2002
this section shall be under oath and shall be reduced to writing	2003
and filed with the commission. Thereafter, in its discretion, the	2004
commission, upon the service of a notice upon the complainant and	2005
the respondent that indicates an opportunity to be present, may	2006
take further testimony or hear argument.	2007

(G)(1) If, upon all reliable, probative, and substantial	2008
evidence presented at a hearing under division (B) of this	2009
section, the commission determines that the respondent has engaged	2010
in, or is engaging in, any unlawful discriminatory practice,	2011
whether against the complainant or others, the commission shall	2012
state its findings of fact and conclusions of law and shall issue	2013
and, subject to the provisions of Chapter 119. of the Revised	2014
Code, cause to be served on the respondent an order requiring the	2015
respondent to cease and desist from the unlawful discriminatory	2016
practice, requiring the respondent to take any further affirmative	2017
or other action that will effectuate the purposes of this chapter,	2018
including, but not limited to, hiring, reinstatement, or upgrading	2019
of employees with or without back pay, or admission or restoration	2020
to union membership, and requiring the respondent to report to the	2021
commission the manner of compliance. If the commission directs	2022
payment of back pay, it shall make allowance for interim earnings.	2023
If it finds a violation of division (H) of section 4112.02 of the	2024
Revised Code, the commission additionally shall require the	2025
respondent to pay actual damages and reasonable attorney's fees,	2026
and may award to the complainant punitive damages as follows:	2027

(a) If division (G)(1)(b) or (c) of this section does not	2028
apply, punitive damages in an amount not to exceed ten thousand	2029
dollars;	2030

(b) If division (G)(1)(c) of this section does not apply and	2031
if the respondent has been determined by a final order of the	2032
commission or by a final judgment of a court to have committed one	2033
violation of division (H) of section 4112.02 of the Revised Code	2034
during the five-year period immediately preceding the date on	2035
which a complaint was issued pursuant to division (B) of this	2036
section, punitive damages in an amount not to exceed twenty-five	2037
thousand dollars;	2038

(c) If the respondent has been determined by a final order of	2039
the commission or by a final judgment of a court to have committed	2040
two or more violations of division (H) of section 4112.02 of the	2041
Revised Code during the seven-year period immediately preceding	2042
the date on which a complaint was issued pursuant to division (B)	2043
of this section, punitive damages in an amount not to exceed fifty	2044
thousand dollars.	2045

(2) Upon the submission of reports of compliance, the	2046
commission may issue a declaratory order stating that the	2047
respondent has ceased to engage in particular unlawful	2048
discriminatory practices.	2049

(H) If the commission finds that no probable cause exists for	2050
crediting charges of unlawful discriminatory practices or if, upon	2051
all the evidence presented at a hearing under division (B) of this	2052
section on a charge, the commission finds that a respondent has	2053
not engaged in any unlawful discriminatory practice against the	2054
complainant or others, it shall state its findings of fact and	2055
shall issue and cause to be served on the complainant an order	2056
dismissing the complaint as to the respondent. A copy of the order	2057
shall be delivered in all cases to the attorney general and any	2058
other public officers whom the commission considers proper.	2059

(I) Until the time period for appeal set forth in division	2060
(H) of section 4112.06 of the Revised Code expires, the	2061
commission, subject to the provisions of Chapter 119. of the	2062
Revised Code, at any time, upon reasonable notice, and in the	2063
manner it considers proper, may modify or set aside, in whole or	2064
in part, any finding or order made by it under this section.	2065

Sec. 4112.08. This chapter shall be construed liberally for	2066
the accomplishment of its purposes, and any law inconsistent with	2067
any provision of this chapter shall not apply. Nothing contained	2068
in this chapter shall be considered to repeal any of the	2069
provisions of any law of this state relating to discrimination	2070
because of race, color, religion, sex, military status, familial	2071
status, disability, national origin, age, or ancestry, except that	2072
any person filing a charge under division (B)(1) of section	2073
4112.05 of the Revised Code, with respect to the unlawful	2074
discriminatory practices complained of, is barred from instituting	2075
a civil action under section 4112.14 or division (N) of section	2076
4112.02 of the Revised Code.	2077

Sec. 4117.19. (A) Every employee organization that is	2078
certified or recognized as a representative of public employees	2079
under ~~Chapter 4117. of the Revised Code~~this chapter shall file	2080
with the state employment relations board a registration report	2081
that is signed by its president or other appropriate officer. The	2082
report shall be in a form prescribed by the board and accompanied	2083
by two copies of the employee organization's constitution and	2084
bylaws. The board shall accept a filing by a statewide, national,	2085
or international employee organization of its constitution and	2086
bylaws in lieu of a filing of the documents by each subordinate	2087
organization. The exclusive representative or other employee	2088
organization originally filing its constitution and bylaws shall	2089
report, promptly, to the board all changes or amendments to its	2090
constitution and bylaws.	2091

(B) Every employee organization shall file with the board an	2092
annual report. The report shall be in a form prescribed by the	2093
board and shall contain the following information:	2094

(1) The names and addresses of the organization, any parent	2095
organization or organizations with which it is affiliated, and all	2096
organizationwide officers;	2097

(2) The name and address of its local agent for service of	2098
process;	2099

(3) A general description of the public employees the	2100
organization represents or seeks to represent;	2101

(4) The amounts of the initiation fee and monthly dues	2102
members must pay;	2103

(5) A pledge, in a form prescribed by the board, that the	2104
organization will comply with the laws of the state and that it	2105
will accept members without regard to age, race, color, sex,	2106
creed, religion, ancestry, national origin, disability as defined	2107
in section 4112.01 of the Revised Code, military status as defined	2108
in that section, or physical disability as provided by law:	2109

(6) A financial report.

2110

(C) The constitution or bylaws of every employee organization	2111
shall do all of the following:	2112

(1) Require that the organization keep accurate accounts of	2113
all income and expenses, prepare an annual financial report, keep	2114
open for inspection by any member of the organization its	2115
accounts, and make loans to officers and agents only on terms and	2116
conditions available to all members;	2117

(2) Prohibit business or financial interests of its officers	2118
and agents, their spouses, minor children, parents, or otherwise,	2119
in conflict with the fiduciary obligation of such persons to the	2120
organization;	2121

(3) When specifically requested by the board, require every	2122
official who is designated as a fiscal officer of an employee	2123
organization and who is responsible for funds or other property of	2124
the organization or trust in which an organization is interested,	2125
or a subsidiary organization be bonded with the amount, scope, and	2126
form of the bond determined by the board;	2127

(4) Require periodic elections of officers by secret ballot	2128
subject to recognized safeguards concerning the equal right of all	2129
members to nominate, seek office, and vote in the elections, the	2130
right of individual members to participate in the affairs of the	2131
organization, and fair and equitable procedures in disciplinary	2132
actions.	2133

(D) The board shall prescribe rules necessary to govern the	2134
establishment and reporting of trusteeships over employee	2135
organizations. The establishment of trusteeships is permissible	2136
only if the constitution or bylaws of the organization set forth	2137
reasonable procedures.	2138

(E) The board may withhold certification of an employee	2139
organization that willfully refuses to register or file an annual	2140
report or that willfully refuses to comply with other provisions	2141
of this section. The board may revoke a certification of an	2142
employee organization for willfully failing to comply with this	2143
section. The board may enforce the prohibitions contained in this	2144
section by petitioning the court of common pleas of the county in	2145
which the violation occurs for an injunction. Persons complaining	2146
of a violation of this section shall file the complaint with the	2147
board.	2148

(F) Upon the written request to the board of any member of a	2149
certified employee organization and where the board determines the	2150
necessity for an audit, the board may require the employee	2151
organization to provide a certified audit of its financial	2152
records.	2153

(G) Any employee organization subject to the	2154
"Labor-Management Reporting and Disclosure Act of 1959," 73 Stat.	2155
519, 29 U.S.C.A., 401, as amended, may file copies with the board	2156
of all reports it is required to file under that act in lieu of	2157
compliance with all parts of this section other than division (A)	2158
of this section. The board shall accept a filing by a statewide,	2159
national, or international employee organization of its reports in	2160
lieu of a filing of such reports by each subordinate organization.	2161

Sec. 4503.433. (A) As used in this section, "battle star"	2162
means a military award approved by the chairman of the joint	2163
chiefs of staff for service members who were engaged in actual	2164
combat against the enemy under certain circumstances.	2165

(B) Not later than six months after the effective date of	2166
this section, the registrar of motor vehicles shall adopt rules to	2167
do all of the following:	2168

(1) Determine the combat and military license plates	2169
authorized under this chapter that are appropriate for the display	2170
of battle stars and select an additional design for each approved	2171
combat or military license plate that includes the display of one	2172
or more battle stars;	2173

(2) Establish the documentary evidence that an applicant must	2174
present as proof of the award upon a request under division (C) of	2175
this section for the display of a battle star on an approved	2176
combat or military license plate.	2177

(C) Any person who is eligible for a combat or military	2178
license plate under this chapter of the type approved by the	2179
registrar by rule, who also has been awarded a battle star, may	2180
request the issuance of the approved combat or military license	2181
plate displaying the combat battle stars received by the person.	2182
The request shall be accompanied by such documentary evidence in	2183
support of the award as the registrar shall require by rule.	2184

(D) Upon application and compliance with the requirements for	2185
issuance of the approved combat or military license plate,	2186
presentation of satisfactory evidence of the battle star award,	2187
and compliance with all other applicable laws relating to the	2188
registration of motor vehicles, the registrar shall issue to the	2189
applicant the appropriate motor vehicle registration and combat or	2190
military license plates displaying the appropriate battle stars.	2191

Sec. 4503.571. Any person who has been awarded the purple	2192
heart may apply to the registrar of motor vehicles for the	2193
registration of any passenger car, noncommercial motor vehicle,	2194
recreational vehicle, or other vehicle of a class approved by the	2195
registrar that the person owns or leases. The application shall be	2196
accompanied by such documentary evidence in support of the award	2197
as the registrar may require. The application may be combined	2198
with a request for a special reserved license plate under section	2199
4503.40 or 4503.42 of the Revised Code.	2200

Upon receipt of an application for registration of a motor	2201
vehicle under this section and ~~the~~any required taxes ~~and fees~~,	2202
and upon presentation of the required supporting evidence of the	2203
award of the purple heart, the registrar shall issue to the	2204
applicant the appropriate motor vehicle registration and a set of	2205
license plates and a validation sticker, or a validation sticker	2206
alone when required by section 4503.191 of the Revised Code.	2207

In addition to the letters and numbers ordinarily inscribed	2208
on the license plates, the license plates shall be inscribed with	2209
the words "PURPLE HEART." The license plates shall bear county	2210
identification stickers that identify the county of registration	2211
by name or number.	2212

The license plates and validation stickers shall be issued	2213
~~upon~~without the payment of ~~the regular license~~any registration	2214
fee and service fee required by ~~section~~sections 4503.04, 4503.10,	2215
and 4503.102 of the Revised Code, and without the payment of any	2216
local motor vehicle license tax levied under Chapter 4504. of the	2217
Revised Code~~, and compliance~~. The applicant shall comply with all	2218
other applicable laws relating to the registration of motor	2219
vehicles. If the application is combined with a request for a	2220
special reserved license plate under section 4503.40 or 4503.42 of	2221
the Revised Code, the license plates and validation sticker shall	2222
be issued upon payment of ~~the fees and taxes referred to in this~~	2223
~~section and~~seventy-five per cent of the additional fee prescribed	2224
under section 4503.40 or 4503.42 of the Revised Code.	2225

No person who is not a recipient of the purple heart shall	2226
willfully and falsely represent that the person is a recipient of	2227
a purple heart for the purpose of obtaining license plates under	2228
this section. No person shall own a motor vehicle bearing license	2229
plates under this section unless the person is eligible to be	2230
issued those license plates.	2231

Sec. 4503.731. (A) The owner or lessee of any passenger car,	2232
noncommercial motor vehicle, recreational vehicle, or vehicle of a	2233
class approved by the registrar of motor vehicles who is a member	2234
in good standing of the civil air patrol may apply to the	2235
registrar for the registration of the vehicle and issuance of	2236
civil air patrol license plates. The request for the license	2237
plates may be combined with a request for a special reserved	2238
license plate under section 4503.40 or 4503.42 of the Revised	2239
Code. Upon receipt of the completed application, presentation by	2240
the applicant of the required evidence that the applicant is a	2241
member in good standing of the civil air patrol, and compliance	2242
with division (B) of this section, the registrar shall issue to	2243
the applicant the appropriate vehicle registration and a set of	2244
civil air patrol license plates and a validation sticker, or a	2245
validation sticker alone when required by section 4503.191 of the	2246
Revised Code.	2247

In addition to the letters and numbers ordinarily inscribed	2248
thereon, civil air patrol license plates shall be inscribed with	2249
identifying words and a symbol or logo designed by the civil air	2250
patrol and approved by the registrar. Civil air patrol license	2251
plates shall bear county identification stickers that identify the	2252
county of registration by name or number.	2253

(B) Civil air patrol license plates and a validation sticker,	2254
or validation sticker alone, shall be issued upon payment of the	2255
regular license tax as prescribed under section 4503.04 of the	2256
Revised Code, any applicable motor vehicle tax levied under	2257
Chapter 4504. of the Revised Code, any applicable additional fee	2258
prescribed by section 4503.40 or 4503.42 of the Revised Code, and	2259
a bureau of motor vehicles fee of ten dollars, and compliance	2260
with all other applicable laws relating to the registration of	2261
motor vehicles.	2262

(C) The registrar shall deposit the bureau of motor vehicles	2263
fee, which shall be for the purpose of compensating the bureau for	2264
additional services required in the issuing of civil air patrol	2265
license plates, into the state treasury to the credit of the state	2266
bureau of motor vehicles fund created in section 4501.25 of the	2267
Revised Code.	2268

Sec. 4735.16. (A) Every real estate broker licensed under	2269
this chapter shall have and maintain a definite place of business	2270
in this state and shall erect or maintain a sign on the premises	2271
plainly stating that the licensee is a real estate broker. If the	2272
real estate broker maintains one or more branch offices, the real	2273
estate broker shall erect or maintain a sign at each branch office	2274
plainly stating that the licensee is a real estate broker.	2275

(B)(1) Any licensed real estate broker or salesperson who	2276
advertises to buy, sell, exchange, or lease real estate, or to	2277
engage in any act regulated by this chapter, including, but not	2278
limited to, any licensed real estate broker or salesperson who	2279
advertises to sell, exchange, or lease real estate that the	2280
licensee owns, shall be identified in the advertisement by name	2281
and by indicating that the licensee is a real estate broker or	2282
real estate salesperson. Except a real estate salesperson who	2283
advertises the sale, exchange, or lease of real estate that the	2284
salesperson owns and that is not listed for sale, exchange, or	2285
lease with a real estate broker, any real estate salesperson who	2286
advertises, as provided in this section, also shall indicate in	2287
the advertisement the name of the broker under whom the	2288
salesperson is licensed and the fact that the salesperson's broker	2289
is a real estate broker. The name of the broker shall be displayed	2290
in equal prominence with the name of the salesperson in the	2291
advertisement.	2292

(2) A real estate broker who is representing a seller under	2293
an exclusive right to sell or lease listing agreement shall not	2294
advertise such property to the public as "for sale by owner" or	2295
otherwise mislead the public to believe that the seller is not	2296
represented by a real estate broker.	2297

(3) If any real estate broker or real estate salesperson	2298
advertises in a manner other than as provided in this section or	2299
the rules adopted under this section, that advertisement is ~~prima-~~	2300
~~facie~~prima-facie evidence of a violation under division (A)(21)	2301
of section 4735.18 of the Revised Code.	2302

When the superintendent determines that prima-facie evidence	2303
of a violation of division (A)(21) of section 4735.18 of the	2304
Revised Code or any of the rules adopted thereunder exists, the	2305
superintendent may do either of the following:	2306

(a) Initiate disciplinary action under section 4735.051 of	2307
the Revised Code for a violation of division (A)(21) of section	2308
4735.18 of the Revised Code, in accordance with Chapter 119. of	2309
the Revised Code;	2310

(b) Personally, or by certified mail, serve a citation upon	2311
the licensee.	2312

(C)(1) Every citation served under this section shall give	2313
notice to the licensee of the alleged violation or violations	2314
charged and inform the licensee of the opportunity to request a	2315
hearing in accordance with Chapter 119. of the Revised Code. The	2316
citation also shall contain a statement of a fine of two hundred	2317
dollars per violation, not to exceed two thousand five hundred	2318
dollars per citation. All fines collected pursuant to this section	2319
shall be credited to the real estate recovery fund, created in the	2320
state treasury under section 4735.12 of the Revised Code.	2321

(2) If any licensee is cited three times within twelve	2322
consecutive months, the superintendent shall initiate disciplinary	2323
action pursuant to section 4735.051 of the Revised Code for any	2324
subsequent violation that occurs within the same twelve-month	2325
period.	2326

(3) If a licensee fails to request a hearing within thirty	2327
days of the date of service of the citation, or the licensee and	2328
the superintendent fail to reach an alternative agreement, the	2329
citation shall become final.	2330

(4) Unless otherwise indicated, the licensee named in a final	2331
citation must meet all requirements contained in the final	2332
citation within thirty days of the effective date of that	2333
citation.	2334

(5) The superintendent shall suspend automatically a	2335
licensee's license if the licensee fails to comply with division	2336
(C)(4) of this section.	2337

(D) A real estate broker or salesperson obtaining the	2338
signature of a party to a listing or other agreement involved in a	2339
real estate transaction shall furnish a copy of the listing or	2340
other agreement to the party immediately after obtaining the	2341
party's signature. Every broker's office shall prominently display	2342
in the same immediate area as licenses are displayed a statement	2343
that it is illegal to discriminate against any person because of	2344
race, color, religion, sex, familial status as defined in section	2345
4112.01 of the Revised Code, national origin, military status as	2346
defined in that section, disability as defined in that section, or	2347
ancestry in the sale or rental of housing or residential lots, in	2348
advertising the sale or rental of housing, in the financing of	2349
housing, or in the provision of real estate brokerage services and	2350
that blockbusting also is illegal. The statement shall bear the	2351
United States department of housing and urban development equal	2352
housing logo, shall contain the information that the broker and	2353
the broker's salespersons are licensed by the division of real	2354
estate and professional licensing and that the division can assist	2355
with any consumer complaints or inquiries, and shall explain the	2356
provisions of section 4735.12 of the Revised Code. The statement	2357
shall provide the division's address and telephone number. The	2358
Ohio real estate commission shall provide by rule for the wording	2359
and size of the statement. The pamphlet required under section	2360
4735.03 of the Revised Code shall contain the same statement that	2361
is required on the statement displayed as provided in this section	2362
and shall be made available by real estate brokers and	2363
salespersons to their clients. The commission shall provide the	2364
wording and size of the pamphlet.	2365

Sec. 4735.55. (A) Each written agency agreement shall	2366
contain all of the following:	2367

(1) An expiration date;

2368

(2) A statement that it is illegal, pursuant to the Ohio fair	2369
housing law, division (H) of section 4112.02 of the Revised Code,	2370
and the federal fair housing law, 42 U.S.C.A. 3601, to refuse to	2371
sell, transfer, assign, rent, lease, sublease, or finance housing	2372
accommodations, refuse to negotiate for the sale or rental of	2373
housing accommodations, or otherwise deny or make unavailable	2374
housing accommodations because of race, color, religion, sex,	2375
familial status as defined in section 4112.01 of the Revised Code,	2376
ancestry, military status as defined in that section, disability	2377
as defined in that section, or national origin or to so	2378
discriminate in advertising the sale or rental of housing, in the	2379
financing of housing, or in the provision of real estate brokerage	2380
services;	2381

(3) A statement defining the practice known as "blockbusting"	2382
and stating that it is illegal;	2383

(4) A copy of the United States department of housing and	2384
urban development equal housing opportunity logotype, as set forth	2385
in 24 C.F.R. 109.30.	2386

(B) Each written agency agreement shall contain a place for	2387
the licensee and the client to sign and date the agreement.	2388

(C) A licensee shall furnish a copy of any written agency	2389
agreement to a client in a timely manner after the licensee and	2390
the client have signed and dated it.	2391

Sec. 5533.09. (A)(1) That portion of the road known as	2392
interstate route seventy-six, running in an easterly and westerly	2393
direction, commencing at its intersection with interstate	2394
seventy-one in Medina county and extending through the counties of	2395
Summit and Portage to its intersection with interstate eighty in	2396
Mahoning county, shall be known as "The Military Order of the	2397
Purple Heart Memorial Highway."	2398

(2) In addition to the respective designations in sections	2399
5533.30, 5533.32, and 5533.33 of the Revised Code, the road known	2400
as interstate route seventy, extending across Ohio from the West	2401
Virginia border in Belmont county to the Indiana border in Preble	2402
county, and the road known as interstate route seventy-one,	2403
extending across Ohio from the Kentucky border in Hamilton county	2404
to its northernmost terminus in Cuyahoga county, both shall be	2405
known as the "Purple Heart Trail."	2406

(B) The director of transportation may erect suitable markers	2407
along ~~the~~each highway indicating its name.	2408

Sec. 5747.01. Except as otherwise expressly provided or	2409
clearly appearing from the context, any term used in this chapter	2410
that is not otherwise defined in this section has the same meaning	2411
as when used in a comparable context in the laws of the United	2412
States relating to federal income taxes or if not used in a	2413
comparable context in those laws, has the same meaning as in	2414
section 5733.40 of the Revised Code. Any reference in this chapter	2415
to the Internal Revenue Code includes other laws of the United	2416
States relating to federal income taxes.	2417

As used in this chapter:

2418

(A) "Adjusted gross income" or "Ohio adjusted gross income"	2419
means federal adjusted gross income, as defined and used in the	2420
Internal Revenue Code, adjusted as provided in this section:	2421

(1) Add interest or dividends on obligations or securities of	2422
any state or of any political subdivision or authority of any	2423
state, other than this state and its subdivisions and authorities.	2424

(2) Add interest or dividends on obligations of any	2425
authority, commission, instrumentality, territory, or possession	2426
of the United States to the extent that the interest or dividends	2427
are exempt from federal income taxes but not from state income	2428
taxes.	2429

(3) Deduct interest or dividends on obligations of the United	2430
States and its territories and possessions or of any authority,	2431
commission, or instrumentality of the United States to the extent	2432
that the interest or dividends are included in federal adjusted	2433
gross income but exempt from state income taxes under the laws of	2434
the United States.	2435

(4) Deduct disability and survivor's benefits to the extent	2436
included in federal adjusted gross income.	2437

(5) Deduct benefits under Title II of the Social Security Act	2438
and tier 1 railroad retirement benefits to the extent included in	2439
federal adjusted gross income under section 86 of the Internal	2440
Revenue Code.	2441

(6) In the case of a taxpayer who is a beneficiary of a trust	2442
that makes an accumulation distribution as defined in section 665	2443
of the Internal Revenue Code, add, for the beneficiary's taxable	2444
years beginning before 2002, the portion, if any, of such	2445
distribution that does not exceed the undistributed net income of	2446
the trust for the three taxable years preceding the taxable year	2447
in which the distribution is made to the extent that the portion	2448
was not included in the trust's taxable income for any of the	2449
trust's taxable years beginning in 2002 or thereafter.	2450
"Undistributed net income of a trust" means the taxable income of	2451
the trust increased by (a)(i) the additions to adjusted gross	2452
income required under division (A) of this section and (ii) the	2453
personal exemptions allowed to the trust pursuant to section	2454
642(b) of the Internal Revenue Code, and decreased by (b)(i) the	2455
deductions to adjusted gross income required under division (A) of	2456
this section, (ii) the amount of federal income taxes attributable	2457
to such income, and (iii) the amount of taxable income that has	2458
been included in the adjusted gross income of a beneficiary by	2459
reason of a prior accumulation distribution. Any undistributed net	2460
income included in the adjusted gross income of a beneficiary	2461
shall reduce the undistributed net income of the trust commencing	2462
with the earliest years of the accumulation period.	2463

(7) Deduct the amount of wages and salaries, if any, not	2464
otherwise allowable as a deduction but that would have been	2465
allowable as a deduction in computing federal adjusted gross	2466
income for the taxable year, had the targeted jobs credit allowed	2467
and determined under sections 38, 51, and 52 of the Internal	2468
Revenue Code not been in effect.	2469

(8) Deduct any interest or interest equivalent on public	2470
obligations and purchase obligations to the extent that the	2471
interest or interest equivalent is included in federal adjusted	2472
gross income.	2473

(9) Add any loss or deduct any gain resulting from the sale,	2474
exchange, or other disposition of public obligations to the extent	2475
that the loss has been deducted or the gain has been included in	2476
computing federal adjusted gross income.	2477

(10) Deduct or add amounts, as provided under section	2478
5747.70 of the Revised Code, related to contributions to variable	2479
college savings program accounts made or tuition units purchased	2480
pursuant to Chapter 3334. of the Revised Code.	2481

(11)(a) Deduct, to the extent not otherwise allowable as a	2482
deduction or exclusion in computing federal or Ohio adjusted gross	2483
income for the taxable year, the amount the taxpayer paid during	2484
the taxable year for medical care insurance and qualified	2485
long-term care insurance for the taxpayer, the taxpayer's spouse,	2486
and dependents. No deduction for medical care insurance under	2487
division (A)(11) of this section shall be allowed either to any	2488
taxpayer who is eligible to participate in any subsidized health	2489
plan maintained by any employer of the taxpayer or of the	2490
taxpayer's spouse, or to any taxpayer who is entitled to, or on	2491
application would be entitled to, benefits under part A of Title	2492
XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.	2493
301, as amended. For the purposes of division (A)(11)(a) of this	2494
section, "subsidized health plan" means a health plan for which	2495
the employer pays any portion of the plan's cost. The deduction	2496
allowed under division (A)(11)(a) of this section shall be the net	2497
of any related premium refunds, related premium reimbursements, or	2498
related insurance premium dividends received during the taxable	2499
year.	2500

(b) Deduct, to the extent not otherwise deducted or excluded	2501
in computing federal or Ohio adjusted gross income during the	2502
taxable year, the amount the taxpayer paid during the taxable	2503
year, not compensated for by any insurance or otherwise, for	2504
medical care of the taxpayer, the taxpayer's spouse, and	2505
dependents, to the extent the expenses exceed seven and one-half	2506
per cent of the taxpayer's federal adjusted gross income.	2507

(c) For purposes of division (A)(11) of this section,	2508
"medical care" has the meaning given in section 213 of the	2509
Internal Revenue Code, subject to the special rules, limitations,	2510
and exclusions set forth therein, and "qualified long-term care"	2511
has the same meaning given in section 7702B(c) of the Internal	2512
Revenue Code.	2513

(12)(a) Deduct any amount included in federal adjusted gross	2514
income solely because the amount represents a reimbursement or	2515
refund of expenses that in any year the taxpayer had deducted as	2516
an itemized deduction pursuant to section 63 of the Internal	2517
Revenue Code and applicable United States department of the	2518
treasury regulations. The deduction otherwise allowed under	2519
division (A)(12)(a) of this section shall be reduced to the extent	2520
the reimbursement is attributable to an amount the taxpayer	2521
deducted under this section in any taxable year.	2522

(b) Add any amount not otherwise included in Ohio adjusted	2523
gross income for any taxable year to the extent that the amount is	2524
attributable to the recovery during the taxable year of any amount	2525
deducted or excluded in computing federal or Ohio adjusted gross	2526
income in any taxable year.	2527

(13) Deduct any portion of the deduction described in section	2528
1341(a)(2) of the Internal Revenue Code, for repaying previously	2529
reported income received under a claim of right, that meets both	2530
of the following requirements:	2531

(a) It is allowable for repayment of an item that was	2532
included in the taxpayer's adjusted gross income for a prior	2533
taxable year and did not qualify for a credit under division (A)	2534
or (B) of section 5747.05 of the Revised Code for that year;	2535

(b) It does not otherwise reduce the taxpayer's adjusted	2536
gross income for the current or any other taxable year.	2537

(14) Deduct an amount equal to the deposits made to, and net	2538
investment earnings of, a medical savings account during the	2539
taxable year, in accordance with section 3924.66 of the Revised	2540
Code. The deduction allowed by division (A)(14) of this section	2541
does not apply to medical savings account deposits and earnings	2542
otherwise deducted or excluded for the current or any other	2543
taxable year from the taxpayer's federal adjusted gross income.	2544

(15)(a) Add an amount equal to the funds withdrawn from a	2545
medical savings account during the taxable year, and the net	2546
investment earnings on those funds, when the funds withdrawn were	2547
used for any purpose other than to reimburse an account holder	2548
for, or to pay, eligible medical expenses, in accordance with	2549
section 3924.66 of the Revised Code;	2550

(b) Add the amounts distributed from a medical savings	2551
account under division (A)(2) of section 3924.68 of the Revised	2552
Code during the taxable year.	2553

(16) Add any amount claimed as a credit under section	2554
5747.059 of the Revised Code to the extent that such amount	2555
satisfies either of the following:	2556

(a) The amount was deducted or excluded from the computation	2557
of the taxpayer's federal adjusted gross income as required to be	2558
reported for the taxpayer's taxable year under the Internal	2559
Revenue Code;	2560

(b) The amount resulted in a reduction of the taxpayer's	2561
federal adjusted gross income as required to be reported for any	2562
of the taxpayer's taxable years under the Internal Revenue Code.	2563

(17) Deduct the amount contributed by the taxpayer to an	2564
individual development account program established by a county	2565
department of job and family services pursuant to sections 329.11	2566
to 329.14 of the Revised Code for the purpose of matching funds	2567
deposited by program participants. On request of the tax	2568
commissioner, the taxpayer shall provide any information that, in	2569
the tax commissioner's opinion, is necessary to establish the	2570
amount deducted under division (A)(17) of this section.	2571

(18) Beginning in taxable year 2001 but not for any taxable	2572
year beginning after December 31, 2005, if the taxpayer is married	2573
and files a joint return and the combined federal adjusted gross	2574
income of the taxpayer and the taxpayer's spouse for the taxable	2575
year does not exceed one hundred thousand dollars, or if the	2576
taxpayer is single and has a federal adjusted gross income for the	2577
taxable year not exceeding fifty thousand dollars, deduct amounts	2578
paid during the taxable year for qualified tuition and fees paid	2579
to an eligible institution for the taxpayer, the taxpayer's	2580
spouse, or any dependent of the taxpayer, who is a resident of	2581
this state and is enrolled in or attending a program that	2582
culminates in a degree or diploma at an eligible institution. The	2583
deduction may be claimed only to the extent that qualified tuition	2584
and fees are not otherwise deducted or excluded for any taxable	2585
year from federal or Ohio adjusted gross income. The deduction may	2586
not be claimed for educational expenses for which the taxpayer	2587
claims a credit under section 5747.27 of the Revised Code.	2588

(19) Add any reimbursement received during the taxable year	2589
of any amount the taxpayer deducted under division (A)(18) of this	2590
section in any previous taxable year to the extent the amount is	2591
not otherwise included in Ohio adjusted gross income.	2592

(20)(a)(i) Add five-sixths of the amount of depreciation	2593
expense allowed by subsection (k) of section 168 of the Internal	2594
Revenue Code, including the taxpayer's proportionate or	2595
distributive share of the amount of depreciation expense allowed	2596
by that subsection to a pass-through entity in which the taxpayer	2597
has a direct or indirect ownership interest.	2598

(ii) Add five-sixths of the amount of qualifying section 179	2599
depreciation expense, including a person's proportionate or	2600
distributive share of the amount of qualifying section 179	2601
depreciation expense allowed to any pass-through entity in which	2602
the person has a direct or indirect ownership. For the purposes of	2603
this division, "qualifying section 179 depreciation expense" means	2604
the difference between (I) the amount of depreciation expense	2605
directly or indirectly allowed to the taxpayer under section 179	2606
of the Internal Revenue Code, and (II) the amount of depreciation	2607
expense directly or indirectly allowed to the taxpayer under	2608
section 179 of the Internal Revenue Code as that section existed	2609
on December 31, 2002.	2610

The tax commissioner, under procedures established by the	2611
commissioner, may waive the add-backs related to a pass-through	2612
entity if the taxpayer owns, directly or indirectly, less than	2613
five per cent of the pass-through entity.	2614

(b) Nothing in division (A)(20) of this section shall be	2615
construed to adjust or modify the adjusted basis of any asset.	2616

(c) To the extent the add-back required under division	2617
(A)(20)(a) of this section is attributable to property generating	2618
nonbusiness income or loss allocated under section 5747.20 of the	2619
Revised Code, the add-back shall be sitused to the same location	2620
as the nonbusiness income or loss generated by the property for	2621
the purpose of determining the credit under division (A) of	2622
section 5747.05 of the Revised Code. Otherwise, the add-back shall	2623
be apportioned, subject to one or more of the four alternative	2624
methods of apportionment enumerated in section 5747.21 of the	2625
Revised Code.	2626

(d) For the purposes of division (A) of this section, net	2627
operating loss carryback and carryforward shall not include	2628
five-sixths of the allowance of any net operating loss deduction	2629
carryback or carryforward to the taxable year to the extent such	2630
loss resulted from depreciation allowed by section 168(k) of the	2631
Internal Revenue Code and by the qualifying section 179	2632
depreciation expense amount.	2633

(21)(a) If the taxpayer was required to add an amount under	2634
division (A)(20)(a) of this section for a taxable year, deduct	2635
one-fifth of the amount so added for each of the five succeeding	2636
taxable years.	2637

(b) If the amount deducted under division (A)(21)(a) of this	2638
section is attributable to an add-back allocated under division	2639
(A)(20)(c) of this section, the amount deducted shall be sitused	2640
to the same location. Otherwise, the add-back shall be apportioned	2641
using the apportionment factors for the taxable year in which the	2642
deduction is taken, subject to one or more of the four alternative	2643
methods of apportionment enumerated in section 5747.21 of the	2644
Revised Code.	2645

(c) No deduction is available under division (A)(21)(a) of	2646
this section with regard to any depreciation allowed by section	2647
168(k) of the Internal Revenue Code and by the qualifying section	2648
179 depreciation expense amount to the extent that such	2649
depreciation resulted in or increased a federal net operating loss	2650
carryback or carryforward to a taxable year to which division	2651
(A)(20)(d) of this section does not apply.	2652

(22) Deduct, to the extent not otherwise deducted or excluded	2653
in computing federal or Ohio adjusted gross income for the taxable	2654
year, the amount the taxpayer received during the taxable year as	2655
reimbursement for life insurance premiums under section 5919.31 of	2656
the Revised Code.	2657

(23) Deduct, to the extent not otherwise deducted or excluded	2658
in computing federal or Ohio adjusted gross income for the taxable	2659
year, the amount the taxpayer received during the taxable year as	2660
a death benefit paid by the adjutant general under section 5919.33	2661
of the Revised Code.	2662

(24) Deduct, to the extent included in federal adjusted gross	2663
income and not otherwise allowable as a deduction or exclusion in	2664
computing federal or Ohio adjusted gross income for the taxable	2665
year, military pay and allowances received by the taxpayer during	2666
the taxable year for active duty service in the United States	2667
army, air force, navy, marine corps, or coast guard or reserve	2668
components thereof or the national guard. The deduction may not be	2669
claimed for military pay and allowances received by the taxpayer	2670
while the taxpayer is stationed in this state.	2671

(25) Deduct, to the extent not otherwise allowable as a	2672
deduction or exclusion in computing federal or Ohio adjusted gross	2673
income for the taxable year and not otherwise compensated for by	2674
any other source, the amount of qualified organ donation expenses	2675
incurred by the taxpayer during the taxable year, not to exceed	2676
ten thousand dollars. A taxpayer may deduct qualified organ	2677
donation expenses only once for all taxable years beginning with	2678
taxable years beginning in 2007.	2679

For the purposes of division (A)(25) of this section:

2680

(a) "Human organ" means all or any portion of a human liver,	2681
pancreas, kidney, intestine, or lung, and any portion of human	2682
bone marrow.	2683

(b) "Qualified organ donation expenses" means travel	2684
expenses, lodging expenses, and wages and salary forgone by a	2685
taxpayer in connection with the taxpayer's donation, while living,	2686
of one or more of the taxpayer's human organs to another human	2687
being.	2688

(26) Deduct, to the extent not otherwise deducted or excluded	2689
in computing federal or Ohio adjusted gross income for the taxable	2690
year, amounts received by the taxpayer as retired military	2691
personnel pay for service in the United States army, navy, air	2692
force, coast guard, or marine corps or reserve components thereof,	2693
or the national guard. If the taxpayer receives income on account	2694
of retirement paid under the federal civil service retirement	2695
system or federal employees retirement system, or under any	2696
successor retirement program enacted by the congress of the United	2697
States that is established and maintained for retired employees of	2698
the United States government, and such retirement income is based,	2699
in whole or in part, on credit for the taxpayer's military	2700
service, the deduction allowed under this division shall include	2701
only that portion of such retirement income that is attributable	2702
to the taxpayer's military service, to the extent that portion of	2703
such retirement income is otherwise included in federal adjusted	2704
gross income and is not otherwise deducted under this section. Any	2705
amount deducted under division (A)(26) of this section is not	2706
included in the taxpayer's adjusted gross income for the purposes	2707
of section 5747.055 of the Revised Code. No amount may be	2708
deducted under division (A)(26) of this section on the basis of	2709
which a credit was claimed under section 5747.055 of the Revised	2710
Code.	2711

(B) "Business income" means income, including gain or loss,	2712
arising from transactions, activities, and sources in the regular	2713
course of a trade or business and includes income, gain, or loss	2714
from real property, tangible property, and intangible property if	2715
the acquisition, rental, management, and disposition of the	2716
property constitute integral parts of the regular course of a	2717
trade or business operation. "Business income" includes income,	2718
including gain or loss, from a partial or complete liquidation of	2719
a business, including, but not limited to, gain or loss from the	2720
sale or other disposition of goodwill.	2721

(C) "Nonbusiness income" means all income other than business	2722
income and may include, but is not limited to, compensation, rents	2723
and royalties from real or tangible personal property, capital	2724
gains, interest, dividends and distributions, patent or copyright	2725
royalties, or lottery winnings, prizes, and awards.	2726

(D) "Compensation" means any form of remuneration paid to an	2727
employee for personal services.	2728

(E) "Fiduciary" means a guardian, trustee, executor,	2729
administrator, receiver, conservator, or any other person acting	2730
in any fiduciary capacity for any individual, trust, or estate.	2731

(F) "Fiscal year" means an accounting period of twelve months	2732
ending on the last day of any month other than December.	2733

(G) "Individual" means any natural person.

2734

(H) "Internal Revenue Code" means the "Internal Revenue Code	2735
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.	2736

(I) "Resident" means any of the following, provided that	2737
division (I)(3) of this section applies only to taxable years of a	2738
trust beginning in 2002 or thereafter:	2739

(1) An individual who is domiciled in this state, subject to	2740
section 5747.24 of the Revised Code;	2741

(2) The estate of a decedent who at the time of death was	2742
domiciled in this state. The domicile tests of section 5747.24 of	2743
the Revised Code are not controlling for purposes of division	2744
(I)(2) of this section.	2745

(3) A trust that, in whole or part, resides in this state. If	2746
only part of a trust resides in this state, the trust is a	2747
resident only with respect to that part.	2748

For the purposes of division (I)(3) of this section:

2749

(a) A trust resides in this state for the trust's current	2750
taxable year to the extent, as described in division (I)(3)(d) of	2751
this section, that the trust consists directly or indirectly, in	2752
whole or in part, of assets, net of any related liabilities, that	2753
were transferred, or caused to be transferred, directly or	2754
indirectly, to the trust by any of the following:	2755

(i) A person, a court, or a governmental entity or	2756
instrumentality on account of the death of a decedent, but only if	2757
the trust is described in division (I)(3)(e)(i) or (ii) of this	2758
section;	2759

(ii) A person who was domiciled in this state for the	2760
purposes of this chapter when the person directly or indirectly	2761
transferred assets to an irrevocable trust, but only if at least	2762
one of the trust's qualifying beneficiaries is domiciled in this	2763
state for the purposes of this chapter during all or some portion	2764
of the trust's current taxable year;	2765

(iii) A person who was domiciled in this state for the	2766
purposes of this chapter when the trust document or instrument or	2767
part of the trust document or instrument became irrevocable, but	2768
only if at least one of the trust's qualifying beneficiaries is a	2769
resident domiciled in this state for the purposes of this chapter	2770
during all or some portion of the trust's current taxable year. If	2771
a trust document or instrument became irrevocable upon the death	2772
of a person who at the time of death was domiciled in this state	2773
for purposes of this chapter, that person is a person described in	2774
division (I)(3)(a)(iii) of this section.	2775

(b) A trust is irrevocable to the extent that the transferor	2776
is not considered to be the owner of the net assets of the trust	2777
under sections 671 to 678 of the Internal Revenue Code.	2778

(c) With respect to a trust other than a charitable lead	2779
trust, "qualifying beneficiary" has the same meaning as "potential	2780
current beneficiary" as defined in section 1361(e)(2) of the	2781
Internal Revenue Code, and with respect to a charitable lead trust	2782
"qualifying beneficiary" is any current, future, or contingent	2783
beneficiary, but with respect to any trust "qualifying	2784
beneficiary" excludes a person or a governmental entity or	2785
instrumentality to any of which a contribution would qualify for	2786
the charitable deduction under section 170 of the Internal Revenue	2787
Code.	2788

(d) For the purposes of division (I)(3)(a) of this section,	2789
the extent to which a trust consists directly or indirectly, in	2790
whole or in part, of assets, net of any related liabilities, that	2791
were transferred directly or indirectly, in whole or part, to the	2792
trust by any of the sources enumerated in that division shall be	2793
ascertained by multiplying the fair market value of the trust's	2794
assets, net of related liabilities, by the qualifying ratio, which	2795
shall be computed as follows:	2796

(i) The first time the trust receives assets, the numerator	2797
of the qualifying ratio is the fair market value of those assets	2798
at that time, net of any related liabilities, from sources	2799
enumerated in division (I)(3)(a) of this section. The denominator	2800
of the qualifying ratio is the fair market value of all the	2801
trust's assets at that time, net of any related liabilities.	2802

(ii) Each subsequent time the trust receives assets, a	2803
revised qualifying ratio shall be computed. The numerator of the	2804
revised qualifying ratio is the sum of (1) the fair market value	2805
of the trust's assets immediately prior to the subsequent	2806
transfer, net of any related liabilities, multiplied by the	2807
qualifying ratio last computed without regard to the subsequent	2808
transfer, and (2) the fair market value of the subsequently	2809
transferred assets at the time transferred, net of any related	2810
liabilities, from sources enumerated in division (I)(3)(a) of this	2811
section. The denominator of the revised qualifying ratio is the	2812
fair market value of all the trust's assets immediately after the	2813
subsequent transfer, net of any related liabilities.	2814

(iii) Whether a transfer to the trust is by or from any of	2815
the sources enumerated in division (I)(3)(a) of this section shall	2816
be ascertained without regard to the domicile of the trust's	2817
beneficiaries.	2818

(e) For the purposes of division (I)(3)(a)(i) of this	2819
section:	2820

(i) A trust is described in division (I)(3)(e)(i) of this	2821
section if the trust is a testamentary trust and the testator of	2822
that testamentary trust was domiciled in this state at the time of	2823
the testator's death for purposes of the taxes levied under	2824
Chapter 5731. of the Revised Code.	2825

(ii) A trust is described in division (I)(3)(e)(ii) of this	2826
section if the transfer is a qualifying transfer described in any	2827
of divisions (I)(3)(f)(i) to (vi) of this section, the trust is an	2828
irrevocable inter vivos trust, and at least one of the trust's	2829
qualifying beneficiaries is domiciled in this state for purposes	2830
of this chapter during all or some portion of the trust's current	2831
taxable year.	2832

(f) For the purposes of division (I)(3)(e)(ii) of this	2833
section, a "qualifying transfer" is a transfer of assets, net of	2834
any related liabilities, directly or indirectly to a trust, if the	2835
transfer is described in any of the following:	2836

(i) The transfer is made to a trust, created by the decedent	2837
before the decedent's death and while the decedent was domiciled	2838
in this state for the purposes of this chapter, and, prior to the	2839
death of the decedent, the trust became irrevocable while the	2840
decedent was domiciled in this state for the purposes of this	2841
chapter.	2842

(ii) The transfer is made to a trust to which the decedent,	2843
prior to the decedent's death, had directly or indirectly	2844
transferred assets, net of any related liabilities, while the	2845
decedent was domiciled in this state for the purposes of this	2846
chapter, and prior to the death of the decedent the trust became	2847
irrevocable while the decedent was domiciled in this state for the	2848
purposes of this chapter.	2849

(iii) The transfer is made on account of a contractual	2850
relationship existing directly or indirectly between the	2851
transferor and either the decedent or the estate of the decedent	2852
at any time prior to the date of the decedent's death, and the	2853
decedent was domiciled in this state at the time of death for	2854
purposes of the taxes levied under Chapter 5731. of the Revised	2855
Code.	2856

(iv) The transfer is made to a trust on account of a	2857
contractual relationship existing directly or indirectly between	2858
the transferor and another person who at the time of the	2859
decedent's death was domiciled in this state for purposes of this	2860
chapter.	2861

(v) The transfer is made to a trust on account of the will of	2862
a testator.	2863

(vi) The transfer is made to a trust created by or caused to	2864
be created by a court, and the trust was directly or indirectly	2865
created in connection with or as a result of the death of an	2866
individual who, for purposes of the taxes levied under Chapter	2867
5731. of the Revised Code, was domiciled in this state at the time	2868
of the individual's death.	2869

(g) The tax commissioner may adopt rules to ascertain the	2870
part of a trust residing in this state.	2871

(J) "Nonresident" means an individual or estate that is not a	2872
resident. An individual who is a resident for only part of a	2873
taxable year is a nonresident for the remainder of that taxable	2874
year.	2875

(K) "Pass-through entity" has the same meaning as in section	2876
5733.04 of the Revised Code.	2877

(L) "Return" means the notifications and reports required to	2878
be filed pursuant to this chapter for the purpose of reporting the	2879
tax due and includes declarations of estimated tax when so	2880
required.	2881

(M) "Taxable year" means the calendar year or the taxpayer's	2882
fiscal year ending during the calendar year, or fractional part	2883
thereof, upon which the adjusted gross income is calculated	2884
pursuant to this chapter.	2885

(N) "Taxpayer" means any person subject to the tax imposed by	2886
section 5747.02 of the Revised Code or any pass-through entity	2887
that makes the election under division (D) of section 5747.08 of	2888
the Revised Code.	2889

(O) "Dependents" means dependents as defined in the Internal	2890
Revenue Code and as claimed in the taxpayer's federal income tax	2891
return for the taxable year or which the taxpayer would have been	2892
permitted to claim had the taxpayer filed a federal income tax	2893
return.	2894

(P) "Principal county of employment" means, in the case of a	2895
nonresident, the county within the state in which a taxpayer	2896
performs services for an employer or, if those services are	2897
performed in more than one county, the county in which the major	2898
portion of the services are performed.	2899

(Q) As used in sections 5747.50 to 5747.55 of the Revised	2900
Code:	2901

(1) "Subdivision" means any county, municipal corporation,	2902
park district, or township.	2903

(2) "Essential local government purposes" includes all	2904
functions that any subdivision is required by general law to	2905
exercise, including like functions that are exercised under a	2906
charter adopted pursuant to the Ohio Constitution.	2907

(R) "Overpayment" means any amount already paid that exceeds	2908
the figure determined to be the correct amount of the tax.	2909

(S) "Taxable income" or "Ohio taxable income" applies only to	2910
estates and trusts, and means federal taxable income, as defined	2911
and used in the Internal Revenue Code, adjusted as follows:	2912

(1) Add interest or dividends, net of ordinary, necessary,	2913
and reasonable expenses not deducted in computing federal taxable	2914
income, on obligations or securities of any state or of any	2915
political subdivision or authority of any state, other than this	2916
state and its subdivisions and authorities, but only to the extent	2917
that such net amount is not otherwise includible in Ohio taxable	2918
income and is described in either division (S)(1)(a) or (b) of	2919
this section:	2920

(a) The net amount is not attributable to the S portion of an	2921
electing small business trust and has not been distributed to	2922
beneficiaries for the taxable year;	2923

(b) The net amount is attributable to the S portion of an	2924
electing small business trust for the taxable year.	2925

(2) Add interest or dividends, net of ordinary, necessary,	2926
and reasonable expenses not deducted in computing federal taxable	2927
income, on obligations of any authority, commission,	2928
instrumentality, territory, or possession of the United States to	2929
the extent that the interest or dividends are exempt from federal	2930
income taxes but not from state income taxes, but only to the	2931
extent that such net amount is not otherwise includible in Ohio	2932
taxable income and is described in either division (S)(1)(a) or	2933
(b) of this section;	2934

(3) Add the amount of personal exemption allowed to the	2935
estate pursuant to section 642(b) of the Internal Revenue Code;	2936

(4) Deduct interest or dividends, net of related expenses	2937
deducted in computing federal taxable income, on obligations of	2938
the United States and its territories and possessions or of any	2939
authority, commission, or instrumentality of the United States to	2940
the extent that the interest or dividends are exempt from state	2941
taxes under the laws of the United States, but only to the extent	2942
that such amount is included in federal taxable income and is	2943
described in either division (S)(1)(a) or (b) of this section;	2944

(5) Deduct the amount of wages and salaries, if any, not	2945
otherwise allowable as a deduction but that would have been	2946
allowable as a deduction in computing federal taxable income for	2947
the taxable year, had the targeted jobs credit allowed under	2948
sections 38, 51, and 52 of the Internal Revenue Code not been in	2949
effect, but only to the extent such amount relates either to	2950
income included in federal taxable income for the taxable year or	2951
to income of the S portion of an electing small business trust for	2952
the taxable year;	2953

(6) Deduct any interest or interest equivalent, net of	2954
related expenses deducted in computing federal taxable income, on	2955
public obligations and purchase obligations, but only to the	2956
extent that such net amount relates either to income included in	2957
federal taxable income for the taxable year or to income of the S	2958
portion of an electing small business trust for the taxable year;	2959

(7) Add any loss or deduct any gain resulting from sale,	2960
exchange, or other disposition of public obligations to the extent	2961
that such loss has been deducted or such gain has been included in	2962
computing either federal taxable income or income of the S portion	2963
of an electing small business trust for the taxable year;	2964

(8) Except in the case of the final return of an estate, add	2965
any amount deducted by the taxpayer on both its Ohio estate tax	2966
return pursuant to section 5731.14 of the Revised Code, and on its	2967
federal income tax return in determining federal taxable income;	2968

(9)(a) Deduct any amount included in federal taxable income	2969
solely because the amount represents a reimbursement or refund of	2970
expenses that in a previous year the decedent had deducted as an	2971
itemized deduction pursuant to section 63 of the Internal Revenue	2972
Code and applicable treasury regulations. The deduction otherwise	2973
allowed under division (S)(9)(a) of this section shall be reduced	2974
to the extent the reimbursement is attributable to an amount the	2975
taxpayer or decedent deducted under this section in any taxable	2976
year.	2977

(b) Add any amount not otherwise included in Ohio taxable	2978
income for any taxable year to the extent that the amount is	2979
attributable to the recovery during the taxable year of any amount	2980
deducted or excluded in computing federal or Ohio taxable income	2981
in any taxable year, but only to the extent such amount has not	2982
been distributed to beneficiaries for the taxable year.	2983

(10) Deduct any portion of the deduction described in section	2984
1341(a)(2) of the Internal Revenue Code, for repaying previously	2985
reported income received under a claim of right, that meets both	2986
of the following requirements:	2987

(a) It is allowable for repayment of an item that was	2988
included in the taxpayer's taxable income or the decedent's	2989
adjusted gross income for a prior taxable year and did not qualify	2990
for a credit under division (A) or (B) of section 5747.05 of the	2991
Revised Code for that year.	2992

(b) It does not otherwise reduce the taxpayer's taxable	2993
income or the decedent's adjusted gross income for the current or	2994
any other taxable year.	2995

(11) Add any amount claimed as a credit under section	2996
5747.059 of the Revised Code to the extent that the amount	2997
satisfies either of the following:	2998

(a) The amount was deducted or excluded from the computation	2999
of the taxpayer's federal taxable income as required to be	3000
reported for the taxpayer's taxable year under the Internal	3001
Revenue Code;	3002

(b) The amount resulted in a reduction in the taxpayer's	3003
federal taxable income as required to be reported for any of the	3004
taxpayer's taxable years under the Internal Revenue Code.	3005

(12) Deduct any amount, net of related expenses deducted in	3006
computing federal taxable income, that a trust is required to	3007
report as farm income on its federal income tax return, but only	3008
if the assets of the trust include at least ten acres of land	3009
satisfying the definition of "land devoted exclusively to	3010
agricultural use" under section 5713.30 of the Revised Code,	3011
regardless of whether the land is valued for tax purposes as such	3012
land under sections 5713.30 to 5713.38 of the Revised Code. If the	3013
trust is a pass-through entity investor, section 5747.231 of the	3014
Revised Code applies in ascertaining if the trust is eligible to	3015
claim the deduction provided by division (S)(12) of this section	3016
in connection with the pass-through entity's farm income.	3017

Except for farm income attributable to the S portion of an	3018
electing small business trust, the deduction provided by division	3019
(S)(12) of this section is allowed only to the extent that the	3020
trust has not distributed such farm income. Division (S)(12) of	3021
this section applies only to taxable years of a trust beginning in	3022
2002 or thereafter.	3023

(13) Add the net amount of income described in section 641(c)	3024
of the Internal Revenue Code to the extent that amount is not	3025
included in federal taxable income.	3026

(14) Add or deduct the amount the taxpayer would be required	3027
to add or deduct under division (A)(20) or (21) of this section if	3028
the taxpayer's Ohio taxable income were computed in the same	3029
manner as an individual's Ohio adjusted gross income is computed	3030
under this section. In the case of a trust, division (S)(14) of	3031
this section applies only to any of the trust's taxable years	3032
beginning in 2002 or thereafter.	3033

(T) "School district income" and "school district income tax"	3034
have the same meanings as in section 5748.01 of the Revised Code.	3035

(U) As used in divisions (A)(8), (A)(9), (S)(6), and (S)(7)	3036
of this section, "public obligations," "purchase obligations," and	3037
"interest or interest equivalent" have the same meanings as in	3038
section 5709.76 of the Revised Code.	3039

(V) "Limited liability company" means any limited liability	3040
company formed under Chapter 1705. of the Revised Code or under	3041
the laws of any other state.	3042

(W) "Pass-through entity investor" means any person who,	3043
during any portion of a taxable year of a pass-through entity, is	3044
a partner, member, shareholder, or equity investor in that	3045
pass-through entity.	3046

(X) "Banking day" has the same meaning as in section 1304.01	3047
of the Revised Code.	3048

(Y) "Month" means a calendar month.

3049

(Z) "Quarter" means the first three months, the second three	3050
months, the third three months, or the last three months of the	3051
taxpayer's taxable year.	3052

(AA)(1) "Eligible institution" means a state university or	3053
state institution of higher education as defined in section	3054
3345.011 of the Revised Code, or a private, nonprofit college,	3055
university, or other post-secondary institution located in this	3056
state that possesses a certificate of authorization issued by the	3057
Ohio board of regents pursuant to Chapter 1713. of the Revised	3058
Code or a certificate of registration issued by the state board of	3059
career colleges and schools under Chapter 3332. of the Revised	3060
Code.	3061

(2) "Qualified tuition and fees" means tuition and fees	3062
imposed by an eligible institution as a condition of enrollment or	3063
attendance, not exceeding two thousand five hundred dollars in	3064
each of the individual's first two years of post-secondary	3065
education. If the individual is a part-time student, "qualified	3066
tuition and fees" includes tuition and fees paid for the academic	3067
equivalent of the first two years of post-secondary education	3068
during a maximum of five taxable years, not exceeding a total of	3069
five thousand dollars. "Qualified tuition and fees" does not	3070
include:	3071

(a) Expenses for any course or activity involving sports,	3072
games, or hobbies unless the course or activity is part of the	3073
individual's degree or diploma program;	3074

(b) The cost of books, room and board, student activity fees,	3075
athletic fees, insurance expenses, or other expenses unrelated to	3076
the individual's academic course of instruction;	3077

(c) Tuition, fees, or other expenses paid or reimbursed	3078
through an employer, scholarship, grant in aid, or other	3079
educational benefit program.	3080

(BB)(1) "Modified business income" means the business income	3081
included in a trust's Ohio taxable income after such taxable	3082
income is first reduced by the qualifying trust amount, if any.	3083

(2) "Qualifying trust amount" of a trust means capital gains	3084
and losses from the sale, exchange, or other disposition of equity	3085
or ownership interests in, or debt obligations of, a qualifying	3086
investee to the extent included in the trust's Ohio taxable	3087
income, but only if the following requirements are satisfied:	3088

(a) The book value of the qualifying investee's physical	3089
assets in this state and everywhere, as of the last day of the	3090
qualifying investee's fiscal or calendar year ending immediately	3091
prior to the date on which the trust recognizes the gain or loss,	3092
is available to the trust.	3093

(b) The requirements of section 5747.011 of the Revised Code	3094
are satisfied for the trust's taxable year in which the trust	3095
recognizes the gain or loss.	3096

Any gain or loss that is not a qualifying trust amount is	3097
modified business income, qualifying investment income, or	3098
modified nonbusiness income, as the case may be.	3099

(3) "Modified nonbusiness income" means a trust's Ohio	3100
taxable income other than modified business income, other than the	3101
qualifying trust amount, and other than qualifying investment	3102
income, as defined in section 5747.012 of the Revised Code, to the	3103
extent such qualifying investment income is not otherwise part of	3104
modified business income.	3105

(4) "Modified Ohio taxable income" applies only to trusts,	3106
and means the sum of the amounts described in divisions (BB)(4)(a)	3107
to (c) of this section:	3108

(a) The fraction, calculated under section 5747.013, and	3109
applying section 5747.231 of the Revised Code, multiplied by the	3110
sum of the following amounts:	3111

(i) The trust's modified business income;

3112

(ii) The trust's qualifying investment income, as defined in	3113
section 5747.012 of the Revised Code, but only to the extent the	3114
qualifying investment income does not otherwise constitute	3115
modified business income and does not otherwise constitute a	3116
qualifying trust amount.	3117

(b) The qualifying trust amount multiplied by a fraction, the	3118
numerator of which is the sum of the book value of the qualifying	3119
investee's physical assets in this state on the last day of the	3120
qualifying investee's fiscal or calendar year ending immediately	3121
prior to the day on which the trust recognizes the qualifying	3122
trust amount, and the denominator of which is the sum of the book	3123
value of the qualifying investee's total physical assets	3124
everywhere on the last day of the qualifying investee's fiscal or	3125
calendar year ending immediately prior to the day on which the	3126
trust recognizes the qualifying trust amount. If, for a taxable	3127
year, the trust recognizes a qualifying trust amount with respect	3128
to more than one qualifying investee, the amount described in	3129
division (BB)(4)(b) of this section shall equal the sum of the	3130
products so computed for each such qualifying investee.	3131

(c)(i) With respect to a trust or portion of a trust that is	3132
a resident as ascertained in accordance with division (I)(3)(d) of	3133
this section, its modified nonbusiness income.	3134

(ii) With respect to a trust or portion of a trust that is	3135
not a resident as ascertained in accordance with division	3136
(I)(3)(d) of this section, the amount of its modified nonbusiness	3137
income satisfying the descriptions in divisions (B)(2) to (5) of	3138
section 5747.20 of the Revised Code, except as otherwise provided	3139
in division (BB)(4)(c)(ii) of this section. With respect to a	3140
trust or portion of a trust that is not a resident as ascertained	3141
in accordance with division (I)(3)(d) of this section, the trust's	3142
portion of modified nonbusiness income recognized from the sale,	3143
exchange, or other disposition of a debt interest in or equity	3144
interest in a section 5747.212 entity, as defined in section	3145
5747.212 of the Revised Code, without regard to division (A) of	3146
that section, shall not be allocated to this state in accordance	3147
with section 5747.20 of the Revised Code but shall be apportioned	3148
to this state in accordance with division (B) of section 5747.212	3149
of the Revised Code without regard to division (A) of that	3150
section.	3151

If the allocation and apportionment of a trust's income under	3152
divisions (BB)(4)(a) and (c) of this section do not fairly	3153
represent the modified Ohio taxable income of the trust in this	3154
state, the alternative methods described in division (C) of	3155
section 5747.21 of the Revised Code may be applied in the manner	3156
and to the same extent provided in that section.	3157

(5)(a) Except as set forth in division (BB)(5)(b) of this	3158
section, "qualifying investee" means a person in which a trust has	3159
an equity or ownership interest, or a person or unit of government	3160
the debt obligations of either of which are owned by a trust. For	3161
the purposes of division (BB)(2)(a) of this section and for the	3162
purpose of computing the fraction described in division (BB)(4)(b)	3163
of this section, all of the following apply:	3164

(i) If the qualifying investee is a member of a qualifying	3165
controlled group on the last day of the qualifying investee's	3166
fiscal or calendar year ending immediately prior to the date on	3167
which the trust recognizes the gain or loss, then "qualifying	3168
investee" includes all persons in the qualifying controlled group	3169
on such last day.	3170

(ii) If the qualifying investee, or if the qualifying	3171
investee and any members of the qualifying controlled group of	3172
which the qualifying investee is a member on the last day of the	3173
qualifying investee's fiscal or calendar year ending immediately	3174
prior to the date on which the trust recognizes the gain or loss,	3175
separately or cumulatively own, directly or indirectly, on the	3176
last day of the qualifying investee's fiscal or calendar year	3177
ending immediately prior to the date on which the trust recognizes	3178
the qualifying trust amount, more than fifty per cent of the	3179
equity of a pass-through entity, then the qualifying investee and	3180
the other members are deemed to own the proportionate share of the	3181
pass-through entity's physical assets which the pass-through	3182
entity directly or indirectly owns on the last day of the	3183
pass-through entity's calendar or fiscal year ending within or	3184
with the last day of the qualifying investee's fiscal or calendar	3185
year ending immediately prior to the date on which the trust	3186
recognizes the qualifying trust amount.	3187

(iii) For the purposes of division (BB)(5)(a)(iii) of this	3188
section, "upper level pass-through entity" means a pass-through	3189
entity directly or indirectly owning any equity of another	3190
pass-through entity, and "lower level pass-through entity" means	3191
that other pass-through entity.	3192

An upper level pass-through entity, whether or not it is also	3193
a qualifying investee, is deemed to own, on the last day of the	3194
upper level pass-through entity's calendar or fiscal year, the	3195
proportionate share of the lower level pass-through entity's	3196
physical assets that the lower level pass-through entity directly	3197
or indirectly owns on the last day of the lower level pass-through	3198
entity's calendar or fiscal year ending within or with the last	3199
day of the upper level pass-through entity's fiscal or calendar	3200
year. If the upper level pass-through entity directly and	3201
indirectly owns less than fifty per cent of the equity of the	3202
lower level pass-through entity on each day of the upper level	3203
pass-through entity's calendar or fiscal year in which or with	3204
which ends the calendar or fiscal year of the lower level	3205
pass-through entity and if, based upon clear and convincing	3206
evidence, complete information about the location and cost of the	3207
physical assets of the lower pass-through entity is not available	3208
to the upper level pass-through entity, then solely for purposes	3209
of ascertaining if a gain or loss constitutes a qualifying trust	3210
amount, the upper level pass-through entity shall be deemed as	3211
owning no equity of the lower level pass-through entity for each	3212
day during the upper level pass-through entity's calendar or	3213
fiscal year in which or with which ends the lower level	3214
pass-through entity's calendar or fiscal year. Nothing in division	3215
(BB)(5)(a)(iii) of this section shall be construed to provide for	3216
any deduction or exclusion in computing any trust's Ohio taxable	3217
income.	3218

(b) With respect to a trust that is not a resident for the	3219
taxable year and with respect to a part of a trust that is not a	3220
resident for the taxable year, "qualifying investee" for that	3221
taxable year does not include a C corporation if both of the	3222
following apply:	3223

(i) During the taxable year the trust or part of the trust	3224
recognizes a gain or loss from the sale, exchange, or other	3225
disposition of equity or ownership interests in, or debt	3226
obligations of, the C corporation.	3227

(ii) Such gain or loss constitutes nonbusiness income.

3228

(6) "Available" means information is such that a person is	3229
able to learn of the information by the due date plus extensions,	3230
if any, for filing the return for the taxable year in which the	3231
trust recognizes the gain or loss.	3232

(CC) "Qualifying controlled group" has the same meaning as in	3233
section 5733.04 of the Revised Code.	3234

(DD) "Related member" has the same meaning as in section	3235
5733.042 of the Revised Code.	3236

(EE)(1) For the purposes of division (EE) of this section:

3237

(a) "Qualifying person" means any person other than a	3238
qualifying corporation.	3239

(b) "Qualifying corporation" means any person classified for	3240
federal income tax purposes as an association taxable as a	3241
corporation, except either of the following:	3242

(i) A corporation that has made an election under subchapter	3243
S, chapter one, subtitle A, of the Internal Revenue Code for its	3244
taxable year ending within, or on the last day of, the investor's	3245
taxable year;	3246

(ii) A subsidiary that is wholly owned by any corporation	3247
that has made an election under subchapter S, chapter one,	3248
subtitle A of the Internal Revenue Code for its taxable year	3249
ending within, or on the last day of, the investor's taxable year.	3250

(2) For the purposes of this chapter, unless expressly stated	3251
otherwise, no qualifying person indirectly owns any asset directly	3252
or indirectly owned by any qualifying corporation.	3253

(FF) For purposes of this chapter and Chapter 5751. of the	3254
Revised Code:	3255

(1) "Trust" does not include a qualified pre-income tax	3256
trust.	3257

(2) A "qualified pre-income tax trust" is any pre-income tax	3258
trust that makes a qualifying pre-income tax trust election as	3259
described in division (FF)(3) of this section.	3260

(3) A "qualifying pre-income tax trust election" is an	3261
election by a pre-income tax trust to subject to the tax imposed	3262
by section 5751.02 of the Revised Code the pre-income tax trust	3263
and all pass-through entities of which the trust owns or controls,	3264
directly, indirectly, or constructively through related interests,	3265
five per cent or more of the ownership or equity interests. The	3266
trustee shall notify the tax commissioner in writing of the	3267
election on or before April 15, 2006. The election, if timely	3268
made, shall be effective on and after January 1, 2006, and shall	3269
apply for all tax periods and tax years until revoked by the	3270
trustee of the trust.	3271

(4) A "pre-income tax trust" is a trust that satisfies all of	3272
the following requirements:	3273

(a) The document or instrument creating the trust was	3274
executed by the grantor before January 1, 1972;	3275

(b) The trust became irrevocable upon the creation of the	3276
trust; and	3277

(c) The grantor was domiciled in this state at the time the	3278
trust was created.	3279

Sec. 5903.10. Any holder of an expired license or	3280
certificate from this state or any political subdivision or agency	3281
of the state to practice a trade or profession, whose license or	3282
certificate was not renewed because of ~~his~~the holder's service in	3283
the armed forces of the United States, or in the national guard or	3284
in a reserve component, shall, upon presentation of satisfactory	3285
evidence of honorable discharge or separation under honorable	3286
conditions therefrom within six months of such discharge or	3287
separation, be granted a renewal of said license or certificate by	3288
the issuing board or authority at the usual cost without penalty	3289
and without re-examination if not otherwise disqualified because	3290
of mental or physical disability.	3291

Sec. 5903.12. (A) As used in this section:

3292

(1) "Continuing education" means continuing education	3293
required of a licensee by law and includes, but is not limited to,	3294
the continuing education required of licensees under sections	3295
3737.881, 3781.10, 4701.11, 4715.141, 4715.25, 4717.09, 4723.24,	3296
4725.16, 4725.51, 4730.14, 4730.49, 4731.281, 4734.25, 4735.141,	3297
4736.11, 4741.16, 4741.19, 4751.07, 4755.63, 4757.33, 4759.06,	3298
4761.06, and 4763.07 of the Revised Code.	3299

(2) "License" means a license, certificate, permit, or other	3300
authorization issued or conferred by a licensing agency under	3301
which a licensee may engage in a profession, occupation, or	3302
occupational activity.	3303

(3) "Licensee" means a person to whom all of the following	3304
apply:	3305

(a) The person has been issued a license by a licensing	3306
agency.	3307

(b) The person is a member of the Ohio national guard, the	3308
Ohio military reserve, the Ohio naval militia, or a reserve	3309
component of the armed forces of the United States.	3310

(c) The person has been called to active duty, whether inside	3311
or outside the United States, because of an executive order issued	3312
by the president of the United States or an act of congress, or	3313
upon the order of the governor, for a period in excess of	3314
thirty-one days.	3315

(4) "Licensing agency" means any state department, division,	3316
board, commission, agency, or other state governmental unit	3317
authorized by the Revised Code to issue a license.	3318

(5) "Reporting period" means the period of time during which	3319
a licensee must complete the number of hours of continuing	3320
education required of the licensee by law.	3321

(B) Each licensing agency, upon receiving an application from	3322
one of its licensees that is accompanied by proper documentation	3323
certifying that the licensee has been called to active duty as	3324
described in division (A)(3)(c) of this section during the current	3325
or a prior reporting period and certifying the length of that	3326
active duty, shall extend the current reporting period by an	3327
amount of time equal to the total number of months that the	3328
licensee spent on active duty during the current reporting period.	3329
For purposes of this division, any portion of a month served on	3330
active duty shall be considered one full month.	3331

Sec. 5903.121. A "licensing agency," as defined in section	3332
5903.12 of the Revised Code, shall consider relevant education,	3333
training, or service completed by a licensee as a member of the	3334
armed forces of the United States or reserve components thereof,	3335
the Ohio national guard, the Ohio military reserve, or the Ohio	3336
naval militia in determining whether a licensee has fulfilled	3337
required continuing education.	3338

Section 2. That existing sections 124.23, 124.93, 125.111,	3339
153.59, 153.591, 176.04, 176.06, 717.01, 1751.18, 2101.16,	3340
2927.03, 3905.55, 4112.01, 4112.02, 4112.021, 4112.04,	3341
4112.05, 4112.08, 4117.19, 4503.571, 4735.16, 4735.55, 5533.09,	3342
5747.01, 5903.10, and 5903.12 of the Revised Code are hereby	3343
repealed.	3344

Section 3. The Department of Development shall create an	3345
Incumbent Worker Training Program. The Workforce and Talent	3346
Division of the department shall administer the program. The	3347
division may make grants under the program to Ohio businesses and	3348
to trainers that provide training to a consortium of businesses.	3349
Grants under the program shall be for assisting Ohio businesses in	3350
increasing employees' occupational skills and in remaining	3351
competitive and for increasing investment in incumbent worker	3352
training, retaining employees, advancing wages over time, and	3353
acquiring generally recognized credentials to document skill	3354
gains.	3355

No grant under the program shall exceed one thousand dollars	3356
per employee, and grants under the program shall not exceed two	3357
hundred thousand dollars per business or trainer. A grant under	3358
the program shall be on a reimbursement basis. Grants made for	3359
fiscal year 2008 shall not be less than six million dollars and	3360
grants made for fiscal year 2009 shall not be less than nine	3361
million dollars. Each fiscal year, the division shall make at	3362
least twenty-five per cent of the grants to businesses engaged	3363
primarily in activities other than manufacturing and that have	3364
fewer than five hundred employees. Funds received pursuant to the	3365
"Workforce Investment Act of 1998," 112 Stat. 936, 29 U.S.C. 2801,	3366
as amended, shall be used to fund the Incumbent Worker Training	3367
Program.	3368

The department, under Chapter 119. of the Revised Code, shall	3369
adopt rules establishing procedures according to which the	3370
Incumbent Worker Training Program shall be operated.	3371

On or before December 31, 2008, and biannually thereafter,	3372
the Director of Development and Director of Job and Family	3373
Services shall submit a joint report to the President of the	3374
Senate and the Speaker of the House of Representatives describing	3375
the training activities and outcomes provided through the	3376
Incumbent Worker Training Program during the prior fiscal year.	3377

This section expires two years after its effective date.

3378

Section 4. The amendment by this act of section 2101.16 of	3379
the Revised Code and the enactment of this act by section 2101.164	3380
of the Revised Code apply to the estates of decedents who die on	3381
or after the effective date of this act.	3382

Section 5. The amendment by this act of section 5747.01 of	3383
the Revised Code applies to taxable years beginning on or after	3384
January 1, 2008.	3385