As Introduced

127th General Assembly Regular Session 2007-2008

H. B. No. 53

Representatives Peterson, Yuko, Skindell, Ujvagi, Setzer, Dodd, Bacon, Collier, Fende, Chandler, Strahorn 

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A BILL

To amend sections 701.01, 711.23, 1775.31, 2111.37,

1

2111.47, 2307.14, 2317.03, 2317.06, 2721.05,

2

3763.06, 4303.272, 4399.05, 4971.16, 5301.22,

3

5305.17, 5305.18, 5305.19, 5305.20, 5305.21,

4

5305.22, 5307.19, 5307.20, 5310.12, 5711.05,

5

5711.07, 5907.06, 5907.08, and 5907.09 of the

6

Revised Code to replace certain outdated terms.

7

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

Section 1. That sections 701.01, 711.23, 1775.31, 2111.37,	8
2111.47, 2307.14, 2317.03, 2317.06, 2721.05, 3763.06, 4303.272,	9
4399.05, 4971.16, 5301.22, 5305.17, 5305.18, 5305.19, 5305.20,	10
5305.21, 5305.22, 5307.19, 5307.20, 5310.12, 5711.05, 5711.07,	11
5907.06, 5907.08, and 5907.09 of the Revised Code be amended to	12
read as follows:	13

Sec. 701.01.  In the interpretation of Title VII of the	14
Revised Code, unless the context shows that another meaning was	15
intended:	16

(A) "Person" includes a private corporation.

17

(B) "Writing" includes printing.

18

(C) "Oath" includes affirmation.

19

(D) "Insane" and "lunatic" include every species of mental	20
derangement.	21

(E) "Property" includes real, personal, and mixed estates and	22
interests.	23

(F)(E) "Land" and "real estate" include rights and easements	24
of an incorporeal nature.	25

(G)(F) "Plan of sewerage," "system of sewerage," "sewer," and	26
"sewers" include sewers, sewage disposal works and treatment	27
plants, and sewage pumping stations, together with facilities and	28
appurtenances necessary and proper therefor.	29

This enumeration does not require a strict construction of	30
any other words in such title.	31

Sec. 711.23.  If the court of common pleas is of the opinion	32
that any person owning a lot in a plat, addition, or part thereof	33
proposed to be vacated or altered, and not assenting to such	34
vacation or alteration, will sustain damage thereby, it may	35
proceed to hear proof in reference thereto, and may render	36
judgment against the petitioners for such damages as it thinks	37
proper and just, to be assessed ratably against the petitioners by	38
the court, according to the value of the property owned by the	39
petitioners as it stands taxed on the tax list of the county. When	40
necessary, the court shall appoint a guardian ad litem for all	41
minors, or persons of insane mind,incompetent by reason of mental	42
illness interested in the premises. The judgment of the court	43
vacating such plat, addition, or parts thereof, shall be	44
conditioned upon the payment of the damages thus assessed.	45

Sec. 1775.31.  (A) On application by or for a partner the	46
court shall decree a dissolution whenever:	47

(1) A partner has been declared a lunaticincompetent by	48
reason of mental illness in any judicial proceeding or is shown to	49
be of unsound mind;	50

(2) A partner becomes in any other way incapable of	51
performing histhe partner's part of the partnership contract;	52

(3) A partner has been guilty of such conduct as tends to	53
affect prejudicially the carrying on of the business;	54

(4) A partner willfully or persistently commits a breach of	55
the partnership agreement, or otherwise so conducts himselfthe	56
partner's self in matters relating to the partnership business	57
that it is not reasonably practicable to carry on the business in	58
partnership with himthe partner;	59

(5) The business of the partnership can only be carried on at	60
a loss;	61

(6) Other circumstances render a dissolution equitable.

62

(B) On the application of the purchaser of a partner's	63
interest under section 1775.26 or 1775.27 of the Revised Code, the	64
court shall decree a dissolution:	65

(1) After the termination of the specified term or particular	66
undertaking;	67

(2) At any time if the partnership was a partnership at will	68
when the interest was assigned or when the charging order was	69
issued.	70

Sec. 2111.37.  When a nonresident minor, incompetent,	71
habitual drunkard, idiot, imbecile, lunatic, or person confined in	72
a state, charitable, or correctional institution has real estate,	73
chattels, rights, credits, or moneys in this state, the probate	74
court of the county in which the property or a part of it is	75
situated may appoint a resident guardian of the ward to manage,	76
collect, lease, and take care of histhe ward's property. The	77
appointment may be made whether or not a ward has a guardian,	78
trustee, or other conservator in the state of histhe ward's	79
residence, and, if hethe ward has a guardian, trustee, or other	80
conservator in the state of histhe ward's residence, the control	81
and authority of the resident guardian appointed in Ohio shall be	82
superior as to all property of the ward in Ohio.	83

The first appointment of a resident guardian of a nonresident	84
ward shall extend to all the property and effects of the ward in	85
this state and exclude the jurisdiction of the probate court of	86
any other county.	87

Sec. 2111.47.  Upon reasonable notice to the guardian, to the	88
ward, and to the person on whose application the appointment was	89
made, and upon satisfactory proof that the necessity for the	90
guardianship no longer exists or that the letters of appointment	91
were improperly issued, the probate court shall order that the	92
guardianship of an incompetent terminate and shall make an	93
appropriate entry upon the journal. Thereupon the guardianship	94
shall cease, the accounts of the guardian shall be settled by the	95
court, and the ward shall be restored to the full control of his	96
the ward's property as before the appointment. Such entry	97
terminating the guardianship of an insane persona person	98
incompetent by reason of mental illness shall have the same effect	99
as a determination by the court that such person is restored to	100
sanitycompetent.	101

Sec. 2307.14.  The court shall require a guardian ad litem,	102
or a trustee appointed under section 2307.13 or 2307.131 of the	103
Revised Code, faithfully to discharge histhe guardian ad litem's	104
or trustee's duty, and upon his failure to do so, may remove him	105
the guardian ad litem or trustee, and appoint another. The court	106
may fix a compensation for histhe guardian ad litem's or	107
trustee's services, which shall be taxed in the costs against the	108
minor, the insane person incompetent by reason of mental illness,	109
or the unborn persons.	110

Sec. 2317.03.  A party shall not testify when the adverse	111
party is the guardian or trustee of either a deaf and dumb or an	112
insanean incompetent person, or of a child of a deceased person,	113
or is an executor or administrator, or claims or defends as heir,	114
grantee, assignee, devisee, or legatee of a deceased person	115
except:	116

(A) As to facts which occurred after the appointment of the	117
guardian or trustee of an insanea person incompetent by reason of	118
mental illness, and, in the other cases, after the time the	119
decedent, grantor, assignor, or testator died;	120

(B) When the action or proceeding relates to a contract made	121
through an agent by a person since deceased, and the agent is	122
competent to testify as a witness, a party may testify on the same	123
subject;	124

(C) If a party, or one having a direct interest, testifies to	125
transactions or conversations with another party, the latter may	126
testify as to the same transactions or conversations;	127

(D) If a party offers evidence of conversations or admissions	128
of the opposite party, the latter may testify concerning the same	129
conversations or admissions; and, if evidence of declarations	130
against interest made by an insane, incompetent, or deceased	131
person has been admitted, then any oral or written declaration	132
made by such insane, incompetent, or deceased person concerning	133
the same subject to which any such admitted evidence relates, and	134
which but for this provision would be excluded as self-serving,	135
shall be admitted in evidence if it be proved to the satisfaction	136
of the trial judge that the declaration was made at a time when	137
the declarant was competent to testify, concerning a subject	138
matter in issue, and, when no apparent motive to misrepresent	139
appears;	140

(E) In an action or proceeding by or against a partner or	141
joint contractor, the adverse party shall not testify to	142
transactions with, or admissions by, a partner or joint contractor	143
since deceased, unless they were made in the presence of the	144
surviving partner or joint contractor, and this rule applies	145
without regard to the character in which the parties sue or are	146
sued;	147

(F) If the claim or defense is founded on a book account, a	148
party may testify that the book is histhe party's account book,	149
that it is a book of original entries, that the entries therein	150
were made in the regular course of business by himselfthe party	151
personally, a person since deceased, or a disinterested person,	152
and the book is then competent evidence in any case, without	153
regard to the parties, upon like proof by any competent witness;	154

(G) If after testifying orally, a party dies, the evidence	155
may be proved by either party on a further trial of the case,	156
whereupon the opposite party may testify to the same matters;	157

(H) If a party dies and histhe party's deposition is offered	158
in evidence, the opposite party may testify as to all competent	159
matters therein.	160

This section does not apply to actions for causing death, or	161
actions or proceedings involving the validity of a deed, will or	162
codicil. When a case is plainly within the reason and spirit of	163
this section and sections 2317.01 and 2317.02 of the Revised Code,	164
though not within the strict letter, their principles shall be	165
applied.	166

Sec. 2317.06.  (A) If a party or witness, after testifying	167
orally, dies, is beyond the jurisdiction of the court, cannot be	168
found after diligent search, is insane,unable to testify because	169
of any physical or mental infirmity is unable to testify, or has	170
been summoned but appears to have been kept away by the adverse	171
party and if the evidence of the party or witness has been taken	172
down by an official stenographer, the evidence so taken may be	173
read in evidence by either party on the further trial of the case	174
and shall be prima-facie evidence of what the deceased party or	175
witness testified to orally on the former trial. If the evidence	176
has not been taken by an official stenographer, it may be proved	177
by witnesses who were present at the former trial, having	178
knowledge of the testimony. All testimony so offered shall be open	179
to all objections that might be taken if the witness was	180
personally present.	181

(B)(1) If it is necessary in a civil action before the court	182
to procure the testimony of a person who is imprisoned in a	183
workhouse, juvenile detention facility, jail, or state	184
correctional institution within this state, or who is in the	185
custody of the department of youth services, the court shall	186
require that the person's testimony be taken by deposition	187
pursuant to the Civil Rules at the place of the person's	188
confinement, unless the court determines that the interests of	189
justice demand that the person be brought before the court for the	190
presentation of histhe person's testimony.	191

(2) If the court determines that the interests of justice	192
demand that a person specified in division (B)(1) of this section	193
be brought before the court for the presentation of histhe	194
person's testimony, the court shall order the person to be brought	195
before it under the procedures set forth in division (B) or (C) of	196
section 2945.47 of the Revised Code.	197

(C) When a person's deposition is taken pursuant to division	198
(B)(1) of this section, the person shall remain in the custody of	199
the officer who is in charge of the person, and the officer shall	200
provide reasonable facilities for the taking of the deposition.	201

(D) The person requesting the testimony of the person whose	202
deposition is taken pursuant to division (B)(1) of this section	203
shall pay the expense of taking the deposition, except that the	204
court may tax the expense as court costs in appropriate cases.	205

Sec. 2721.05.  Any person interested as or through an	206
executor, administrator, trustee, guardian, or other fiduciary,	207
creditor, devisee, legatee, heir, next of kin, or cestui que	208
trust, in the administration of a trust, or of the estate of a	209
decedent, an infant, lunaticperson incompetent by reason of	210
mental illness, or insolvent person, may have a declaration of	211
rights or legal relations in respect thereto in any of the	212
following cases:	213

(A) To ascertain any class of creditors, devisees, legatees,	214
heirs, next of kin, or others;	215

(B) To direct the executors, administrators, trustees, or	216
other fiduciaries to do or abstain from doing any particular act	217
in their fiduciary capacity;	218

(C) To determine any question arising in the administration	219
of the estate or trust, including questions of construction of	220
wills and other writings.	221

Sec. 3763.06.  The property, both real and personal, of a	222
defendant against whom a judgment is rendered under sections	223
3763.01 to 3763.08, inclusive, of the Revised Code, for fines,	224
costs, or to recover money or any other thing of value, lost or	225
paid, shall be liable therefor without exemption, and such	226
judgment shall be a lien thereon until paid. If the owner of the	227
building in which the money was lost knowingly permits it to be	228
used for gaming purposes, such building, and the real estate upon	229
which it stands, shall be liable therefor in a like manner. The	230
guardian or trustee of a minor, insane person, or idiot	231
incompetent person, permitting property under histhe guardian's	232
or trustee's charge to be used for gaming purposes and to become	233
liable on account thereof, shall be liable to histhe guardian's	234
or trustee's ward for such amount.	235

Sec. 4303.272.  Any permit holder whose permit premises are	236
destroyed or made unusable for any cause, or whose tenancy is	237
terminated for any cause, shall deliver the permit holder's permit	238
to the division of liquor control for safekeeping until such time	239
as the original permit premises are made available for occupancy	240
or new premises are secured by the permit holder or until new	241
premises are secured by the permit holder outside the precinct	242
affected by a local option election.	243

Unless the permit is to be cancelled as the result of a local	244
option election held pursuant to section 4301.352 of the Revised	245
Code, a permit holder whose permit is to be restricted or	246
cancelled as the result of a local option election pursuant to	247
sections 4301.32 to 4301.41 and 4305.14 of the Revised Code may,	248
within the thirty-day period after the certification of the	249
results of the election to the division, deliver the permit to the	250
division for safekeeping subject to the renewal and transfer	251
provision of this section. A permit holder whose permit is to be	252
cancelled as the result of a local option election held pursuant	253
to section 4301.352 of the Revised Code is not entitled to deliver	254
the permit to the division for safekeeping.	255

If, as the result of the election, the use of a permit is	256
made wholly unlawful and the permit holder does not deliver or is	257
not entitled to deliver the permit to the division for safekeeping	258
as provided in this section, the division shall forthwith cancel	259
and pick up the permit.	260

During the period of time that a permit is held in	261
safekeeping by the division, the permit holder shall be allowed to	262
transfer the permit to other premises, subject to the provisions	263
of Chapters 4301. and 4303. of the Revised Code.	264

If the expiration date of a permit occurs during the time it	265
is held in safekeeping, the permit shall be renewed by the	266
division if the permit holder complies with the other provisions	267
of Chapters 4301. and 4303. of the Revised Code, pertaining to the	268
renewal of a permit. The division shall issue and then retain the	269
renewed permit until the original permit premises become available	270
for occupancy by the permit holder or until the permit holder	271
secures other premises. The division shall return to the permit	272
holder a permit renewed while in safekeeping when the original	273
permit premises are made available for occupancy or new permit	274
premises are secured by the permit holder, if the premises meet	275
the requirements of Chapters 4301. and 4303. of the Revised Code.	276

A permit renewed while in safekeeping shall be considered in	277
full force and effect and may be transferred by the division.	278

Should the permit holder be adjudged an incompetent person or	279
insane or die while the permit holder's permit is in safekeeping,	280
the permit shall be transferred, upon application, by the division	281
to the guardian, administrator, executor, or other fiduciary of	282
the permit holder who shall have the same rights to the transfer,	283
return, and renewal of the permit as is provided in this section	284
for the permit holder.	285

A permit held in safekeeping shall not be renewed more than	286
once while so held, unless the building from which the permit was	287
taken for safekeeping or the building to which the permit is to be	288
transferred is under construction or reconstruction, in which	289
event the permit shall be held in safekeeping and shall, upon the	290
application of the permit holder, be renewed at each expiration	291
date until the construction or reconstruction of the building is	292
completed.	293

Sec. 4399.05.  If a person rents or leases to another a	294
building or premises to be used or occupied, in whole or in part,	295
for the sale of intoxicating liquors, or permits such building or	296
premises to be so used or occupied, such building or premises	297
shall be liable for and may be sold to pay all fines, costs, and	298
damages assessed against a person occupying them. Proceedings may	299
be had to subject them to the payment of such fine and costs	300
assessed or judgment recovered, or part remaining unpaid, either	301
before or after execution issues against the property of the	302
person against whom such fine and costs or judgment have been	303
adjudged or assessed. When execution issues against the property	304
leased or rented, the officer shall proceed to satisfy it out of	305
the building or premises so leased or occupied.	306

If such building or premises belong to a minor, insaneor	307
incompetent person, or idiot, histhe guardian having control	308
thereof shall be liable and account to histhe guardian's ward for	309
all damages on account of such use and occupation, and the	310
liabilities for such fines, costs, and damages.	311

Sec. 4971.16.  Persons in interest who fail to become parties	312
to the agreement within the four-month period referred to in	313
section 4971.14 of the Revised Code are entitled to the same	314
rights, interest, estate, remedy, liens, and action, and none	315
other, which parties in interest of like class and amount who	316
signed the agreement obtained by and under it. If a person in	317
interest fails for six years after the publication of the notice	318
mentioned in such section to apply at the principal office of the	319
company, either in person or by proxy, to become a party in	320
interest in the agreement, such person, unless an infant or insane	321
person incompetent by reason of mental illness, shall be barred of	322
all interest, claim, right, or action under the agreement or	323
otherwise. In case of such disability such rights shall be	324
extended for two years after the termination of the disability.	325

Sec. 5301.22.  No agreement described in section 5301.21 of	326
the Revised Code shall be executed by a minor, idiot, lunatic, or	327
insaneincompetent person, but it may be executed and delivered	328
for record, on hissuch a person's behalf, by histhe person's	329
guardian. When executed, acknowledged, delivered for record, and	330
recorded, such agreement shall be as effectual against such minor,	331
idiot, lunatic, or insaneincompetent person, as if hethe person	332
had been under no disability, and had performed such acts himself	333
personally. An owner, not under any of such disabilities, may	334
perform all such acts by an attorney in fact. The power of such	335
attorney must be in writing and first recorded in the county	336
recorder's office.	337

Sec. 5305.17.  The guardian of a surviving spouse who has	338
been adjudged insaneto be incompetent by reason of mental illness	339
may appear and answer for such insaneincompetent person in an	340
action under section 5305.15 of the Revised Code, subject to the	341
approval of the court in which it is pending. Such answer has the	342
same effect as if such spouse answered personally. The guardian	343
shall be liable to such spouse, or the heirs, for all damage or	344
loss sustained by histhe guardian's fraud or collusion,	345
notwithstanding the approval of the court.	346

Sec. 5305.18.  A person owning real property in this state,	347
encumbered by the contingent or vested right of dower of an insane	348
a person incompetent by reason of mental illness, may apply, by	349
petition to the court of common pleas of the county in which the	350
real estate, or any part thereof, is situated, making defendants	351
thereto such insaneincompetent person, and the spouse and	352
guardian, if such insaneincompetent person has either or both,	353
for leave to sell any part of such real property, discharged and	354
unencumbered of such contingent or vested right of dower. The	355
petition must set forth the insanityincompetence of the person,	356
together with a description of the land proposed to be sold.	357
Thereupon the court shall appoint a committee of six competent men	358
individuals, of whom at least three are physicians, who, under	359
oath, shall inquire into the insanitycompetence of such person,	360
and hear testimony to be produced by the spouse or guardian, or,	361
if there is no such guardian, by a guardian ad litem to be	362
appointed in the action. The committee shall make a report, in	363
writing, of the result of its investigation, signed by its	364
members.	365

Sec. 5305.19.  If the committee provided for in section	366
5305.18 of the Revised Code unanimously reports that the person	367
having a contingent or vested right of dower, in its opinion, is	368
permanently insaneincompetent by reason of mental illness, the	369
court of common pleas shall appoint three judicious freeholders to	370
appraise the real estate described in the petition mentioned in	371
said section, whether or not such real estate is in one or several	372
counties. Such freeholders shall report in writing the value of	373
each tract.	374

Sec. 5305.20.  When the report provided for in section	375
5305.19 of the Revised Code is filed, the court of common pleas	376
may direct the petitioner, by a sufficient deed of conveyance, to	377
convey to the insane person incompetent by reason of mental	378
illness, to be held by such person in fee, such proportion of the	379
real estate described in the petition as seems just, or the court	380
may assign to such insaneincompetent person, to be held by him	381
the incompetent person during life, after the death of the spouse	382
of such person, such proportion of the real estate described in	383
the petition as seems just, for histhe incompetent person's	384
support, or the court may order the petitioner to invest an amount	385
by it fixed, in the stock of a company, or stocks created by the	386
laws of this state, as the court designates, the profits, and	387
dividends or distributions, arising from such investment to be	388
applied to the support and maintenance of the insaneincompetent	389
person after the death of the spouse of such person. The	390
petitioner, upon his compliance with the order of the court, may	391
sell all the real property hethe petitioner is possessed of,	392
described in the petition, free and unencumbered of the contingent	393
or vested right of dower of such insaneincompetent person.	394

Sec. 5305.21.  When the spouse of an insanea person	395
incompetent by reason of mental illness conveys real estate in	396
this state, in which such person has a contingent or vested right	397
of dower, and the insaneincompetent person does not join the	398
spouse in the conveyance, the spouse may apply by petition to the	399
court of common pleas of the county in which the insane	400
incompetent person resides, or, if such insaneincompetent person	401
resides out of the state, then in the county in which the real	402
estate is situated, for leave to have part or all of such real	403
estate so conveyed, released of the dower right therein. Such	404
petition shall set forth the insanitymental illness of the insane	405
incompetent person, and a description of the land proposed to be	406
affected. The insaneincompetent person, guardian, if there is	407
one, and all persons in interest, shall be made defendants, and	408
the action shall be proceeded with as prescribed in sections	409
5305.18 to 5305.20, inclusive, of the Revised Code, except that	410
instead of ordering the petitioner to sell the real estate or to	411
convey or assign to such insaneincompetent person any part of it,	412
the court shall direct the petitioner to make such investment as	413
is provided in section 5305.20 of the Revised Code, or require him	414
the petitioner to secure the amount to the use of the insane	415
incompetent person by mortgage of unencumbered real estate of at	416
least double the value thereof. Upon compliance by the petitioner	417
with the order made, the court shall enter a judgment releasing	418
and discharging the real estate from the encumbrance of such right	419
of dower, and adjudge the holder of the legal title, or other	420
party liable, to pay to the petitioner any sum withheld or	421
retained as indemnity against such dower right.	422

Sec. 5305.22.  Any real estate or interest therein coming to	423
a person by purchase, inheritance, or otherwise, after the spouse	424
of such person is adjudged insane,incompetent by reason of mental	425
illness and is an inmate ofadmitted to either a hospital for the	426
insanepersons with mental illness in this state, or confined in	427
the insane department of any epileptic hospital of this state, or	428
any other state of the United States, or is an inmate of a	429
hospital for the insane, or confined in the insanepsychiatric	430
department of any hospital of the United States, may be conveyed	431
by such person while such insaneincompetent spouse remains an	432
inmatea patient thereof, free and clear from any dower right or	433
expectancy of such insaneincompetent spouse. Dower shall not	434
attach to any real estate so acquired and conveyed during the time	435
described in this section in favor of such insaneincompetent	436
spouse. The indorsement upon the instrument of conveyance, by the	437
superintendent of the hospital, that such spouse is an insane	438
inmatea patient with mental illness thereof, stating when	439
received therein and signed officially by himthe superintendent,	440
shall be sufficient evidence of the fact that such spouse is such	441
inmatepatient. This indorsement shall be a part of the instrument	442
of conveyance.	443

Sec. 5307.19.  The guardian of a minor, idiot, imbecile, or	444
insaneincompetent person, on behalf of histhe guardian's ward,	445
may perform any act, matter, or thing respecting the partition of	446
an estate which such ward could do under sections 5307.01 to	447
5307.25, inclusive, of the Revised Code, if hethe ward were of	448
age and of sound mind. On behalf of such ward, the guardian may	449
elect to take the estate, when it cannot be divided without	450
injury, and make payments therefor on the ward's behalf.	451

Sec. 5307.20.  A person appointed according to the laws of	452
any other state or country, to take charge of the estate of an	453
idiot or insaneincompetent person not a resident of this state,	454
upon being authorized in this state to take charge of such estate	455
situated therein, may act in the partition of the estate the same	456
as the guardian of an idiot or insaneincompetent person is	457
authorized to do by section 5307.19 of the Revised Code.	458

Sec. 5310.12.  No action or proceeding for compensation from	459
the assurance fund provided for in section 5310.05 of the Revised	460
Code for, or by reason of, any deprivation, loss, or damage shall	461
be made, brought or taken, except within a period of six years	462
from the time when the right to bring such action or proceeding	463
first accrued. If at the time when such right of action first	464
accrues the person entitled to bring such action or take such	465
proceedings is within the age of eighteen years, insane	466
incompetent by reason of mental illness, imprisoned, or absent	467
from the United States in the service of the United States or of	468
this state, such person or anyone claiming from, by, or under him	469
the person, may bring the action at any time within two years	470
after such disability is removed.	471

Sec. 5711.05.  Each person shall return all the taxable	472
property of which hethe person is the owner, except property	473
required by this section or the regulations of the tax	474
commissioner to be returned for himthe person by a fiduciary; but	475
this section does not authorize any person to omit from histhe	476
person's return of taxable property histhe person's interest in	477
investments and other taxable intangible property yielding income	478
owned or held for histhe person's benefit by a fiduciary and not	479
taxed at the source, or other taxable property so owned or held by	480
a nonresident fiduciary. The return of all the taxable property of	481
a corporation shall be made by the president, a vice-president, or	482
the secretary and by the principal accounting officer, that of a	483
partnership, by a partner, and that of an association, by the	484
managing agent in this state.	485

All taxable property belonging to the persons named or	486
indicated shall be returned by the fiduciaries named, as follows:	487

(A) That of a ward, by histhe ward's guardian;

488

(B) That of a minor, an idiot, or an insaneincompetent	489
person having no guardian, by histhe minor's or incompetent	490
person's father, if living, if not, by histhe minor's or	491
incompetent person's mother, if living, and if neither father nor	492
mother is living, by the person having such property in charge;	493

(C) That of an estate of a deceased person, by histhe	494
deceased person's executor, administrator, or personal	495
representative;	496

(D) That of persons whose assets are in the hands of	497
receivers, assignees for the benefit of creditors, trustees in	498
bankruptcy, or official custodians, by such receivers, assignees,	499
trustees in bankruptcy, or official custodians.	500

Personal property used in business and taxable property of a	501
nonresident used in and arising out of a business transacted for	502
himthe nonresident or on histhe nonresident's behalf in any of	503
the cases mentioned in section 5709.03 of the Revised Code, in the	504
possession or custody of any agent, factor, bailee, or other	505
similar fiduciary, shall be returned by such fiduciary, except as	506
is provided by regulation of the commissioner; but as to such	507
property in the possession, custody, or legal ownership of a	508
trustee the next succeeding paragraph of this section shall be	509
exclusive; provided that a warehousemanwarehouseperson shall not	510
be required to return for taxation personal property assigned	511
consigned to himthe warehouseperson for the sole purpose of being	512
stored or forwarded, if such warehousemanwarehouseperson has no	513
interest in such property other than his warehouseman'sa	514
warehouseperson's lien, or any profit to be derived from its sale.	515

All the taxable property, except investments and other	516
taxable intangible property yielding income, of a person for whose	517
benefit property is held in trust shall be returned by the	518
trustee, and if any beneficiary of such a trust is a minor, an	519
idiot, or an insaneincompetent person residing in this state, and	520
for whom there is no other fiduciary in this state, the	521
commissioner may require such a trustee to return also the	522
investments and other taxable intangible property yielding income	523
held for the benefit of any such beneficiary and not taxed at the	524
source.	525

All returns made as fiduciaries' returns shall be separate	526
from the fiduciary's return as an individual, firm, association,	527
or corporation and shall set forth the names of all persons toward	528
whom the relation of fiduciary is borne or on whose behalf the	529
returns are made, together with the capacity in which the	530
fiduciary so acts for each of such persons.	531

The commissioner may adopt and promulgate regulations	532
covering the making of returns not inconsistent with this section	533
or sections 5711.01 to 5711.36, inclusive, of the Revised Code, so	534
that all property taxable in this state shall be returned for	535
taxation.	536

Sec. 5711.07.  Personal property used in business shall be	537
listed and assessed in the taxing district in which such business	538
is carried on. If such business is carried on in more than one	539
taxing district in the same county, the return shall set forth the	540
amount of the property used therein which is situated in each	541
taxing district in such county, and the value of all the personal	542
property used in business shall be apportioned to and assessed in	543
each of such taxing districts in proportion to the value of the	544
personal property situated therein. Domestic animals not used in	545
business shall be listed and assessed in the taxing district where	546
kept. Ships, vessels, boats, and aircraft, and shares and	547
interests therein, shall be listed and assessed in the taxing	548
district in which the owner resides. All other taxable property	549
shall be listed and assessed in the municipal corporation in which	550
the owner resides, or, if the owner resides outside a municipal	551
corporation, then in the county in which hethe owner resides	552
except as provided in sections 5711.01 to 5711.36, inclusive, of	553
the Revised Code. Whenever, under such sections, taxable property	554
required by this section to be listed and assessed in the taxing	555
district or county in which the owner resides is required to be	556
listed by a fiduciary, such property shall be listed and assessed	557
by such fiduciary in the taxing district or county in which such	558
fiduciary resides, or, in the case of joint fiduciaries, in which	559
either such fiduciary resides; but such property belonging to the	560
estate of a deceased resident of this state shall be listed and	561
assessed in the taxing district or county in which hethe deceased	562
resident resided at the time of his death, regardless of the	563
residence of histhe deceased resident's executors,	564
administrators, or personal representatives, and such property	565
belonging to a ward, minor, insane person incompetent by reason of	566
mental illness, or beneficiary of a trust residing in this state,	567
title, custody, or possession of which is vested in a nonresident	568
fiduciary, shall be listed and assessed in the taxing district or	569
county in which such ward, minor, insaneincompetent person, or	570
beneficiary resides.	571

Sec. 5907.06. An insane personA person with a mental	572
illness that causes the person to be dangerous to the community	573
shall not be admitted to a veterans' home. In case an insane	574
persona person with such a mental illness, through	575
misrepresentation as to the person's condition, is sent to a home,	576
the person shall be returned to, and the expense of the return	577
shall be borne by, the county from which the person came.	578

Sec. 5907.08.  When a resident of a veterans' home becomes	579
insanedangerous to the community due to a mental illness, the	580
superintendent of the Ohio veterans' home agency shall file with	581
the probate judge of the county in which the home is located	582
substantially the following affidavit:	583

"The State of Ohio, .......... county, ss. ...........,	584
superintendent of the Ohio veterans' home agency, being duly	585
sworn, says that the superintendent believes that ............, a	586
resident of the veterans' home located in .......... county, is	587
insanehas a mental illness; that, in consequence of the	588
resident's insanitymental illness, the resident's being at large	589
is dangerous to the community, and that the resident was received	590
into the home from ............ county, on the ...... day of	591
........., .....	592

...................."

593

Sec. 5907.09.  When the affidavit referred to in section	594
5907.08 of the Revised Code is filed, the probate judge shall	595
forthwith determine the sanitycompetence of the resident. Insofar	596
as applicable, the laws governing in cases of admission to a state	597
hospital for the insanepersons with mental illness shall apply.	598
The probate judge shall have the same authority, and may receive	599
and order paid the same fees and costs, as the probate judge would	600
have in the county in which the veteran was a resident at the time	601
of entering the veterans' home.	602

Section 2.  That existing sections 701.01, 711.23, 1775.31,	603
2111.37, 2111.47, 2307.14, 2317.03, 2317.06, 2721.05, 3763.06,	604
4303.272, 4399.05, 4971.16, 5301.22, 5305.17, 5305.18, 5305.19,	605
5305.20, 5305.21, 5305.22, 5307.19, 5307.20, 5310.12, 5711.05,	606
5711.07, 5907.06, 5907.08, and 5907.09 of the Revised Code are	607
hereby repealed.	608

Section 3.  The amendments made by this act to sections	609
701.01, 711.23, 1775.31, 2111.37, 2111.47, 2307.14, 2317.03,	610
2317.06, 2721.05, 3763.06, 4303.272, 4399.05, 4971.16, 5301.22,	611
5305.17, 5305.18, 5305.19, 5305.20, 5305.21, 5305.22, 5307.19,	612
5307.20, 5310.12, 5711.05, 5711.07, 5907.06, 5907.08, and 5907.09	613
of the Revised Code are not substantive but rather are meant to	614
replace outdated terms with current, synonymous terms.	615

Section 4. Section 4303.272 of the Revised Code is presented	616
in this act as a composite of the section as amended by both Am.	617
Sub. S.B. 149 and Am. Sub. S.B. 162 of the 121st General Assembly.	618
The General Assembly, applying the principle stated in division	619
(B) of section 1.52 of the Revised Code that amendments are to be	620
harmonized if reasonably capable of simultaneous operation, finds	621
that the composite is the resulting version of the section in	622
effect prior to the effective date of the section as presented in	623
this act.	624