As Passed by the House

127th General Assembly
Regular Session
2007-2008
Sub. H. B. No. 53


Representative Peterson 

Cosponsors: Representatives Yuko, Skindell, Ujvagi, Setzer, Dodd, Bacon, Collier, Fende, Chandler, Strahorn, White, Hagan, R., Wachtmann, Williams, B., Boyd, Brown, DeBose, Flowers, Goodwin, Hottinger, Huffman, Jones, Oelslager, Otterman, Raussen, Uecker, Webster, Adams, Aslanides, Batchelder, Beatty, Bolon, Book, Brady, Bubp, Budish, Carano, Celeste, Combs, DeGeeter, Distel, Dolan, Domenick, Driehaus, Dyer, Evans, Foley, Garrison, Gibbs, Goyal, Harwood, Heard, Hite, Hughes, Latta, Letson, Luckie, Lundy, Mallory, Mandel, McGregor, R., Miller, Okey, Patton, Sayre, Schindel, Schneider, Stebelton, Stewart, D., Stewart, J., Sykes, Wagoner, Williams, S., Yates 

A BILL
To amend sections 701.01, 711.23, 1775.31, 2111.37, 1
2111.47, 2307.14, 2317.021, 2317.03, 2317.06, 2
2721.05, 3763.06, 4303.272, 4399.05, 4971.16, 3
5301.22, 5305.17, 5305.18, 5305.19, 5305.20, 4
5305.21, 5305.22, 5307.19, 5307.20, 5310.12, 5
5711.05, 5711.07, 5907.06, 5907.08, and 5907.09 of 6
the Revised Code to replace terms that refer to 7
persons with certain conditions. 8


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

       Section 1. That sections 701.01, 711.23, 1775.31, 2111.37, 9
2111.47, 2307.14, 2317.021, 2317.03, 2317.06, 2721.05, 3763.06, 10
4303.272, 4399.05, 4971.16, 5301.22, 5305.17, 5305.18, 5305.19, 11
5305.20, 5305.21, 5305.22, 5307.19, 5307.20, 5310.12, 5711.05, 12
5711.07, 5907.06, 5907.08, and 5907.09 of the Revised Code be 13
amended to read as follows:14

       Sec. 701.01.  In the interpretation of Title VII of the 15
Revised Code, unless the context shows that another meaning was 16
intended:17

       (A) "Person" includes a private corporation.18

       (B) "Writing" includes printing.19

       (C) "Oath" includes affirmation.20

       (D) "Insane" and "lunatic" include every species of mental 21
derangement.22

       (E) "Property" includes real, personal, and mixed estates and 23
interests.24

       (F)(E) "Land" and "real estate" include rights and easements 25
of an incorporeal nature.26

       (G)(F) "Plan of sewerage," "system of sewerage," "sewer," and 27
"sewers" include sewers, sewage disposal works and treatment 28
plants, and sewage pumping stations, together with facilities and 29
appurtenances necessary and proper therefor.30

       This enumeration does not require a strict construction of 31
any other words in such title.32

       Sec. 711.23. IfAs used in this section, "incompetent 33
person" means a person who is so mentally impaired as a result of 34
a mental or physical illness or disability, or mental retardation, 35
or as a result of chronic substance abuse, that the person is 36
incapable of taking proper care of the person's self or property 37
or fails to provide for the person's family or other persons for 38
whom the person is charged by law to provide.39

       If the court of common pleas is of the opinion that any 40
person owning a lot in a plat, addition, or part thereof proposed 41
to be vacated or altered, and not assenting to such vacation or 42
alteration, will sustain damage thereby, it may proceed to hear 43
proof in reference thereto, and may render judgment against the 44
petitioners for such damages as it thinks proper and just, to be 45
assessed ratably against the petitioners by the court, according46
to the value of the property owned by the petitioners as it stands 47
taxed on the tax list of the county. When necessary, the court 48
shall appoint a guardian ad litem for all minors, or incompetent49
persons of insane mind, interested in the premises. The judgment 50
of the court vacating such plat, addition, or parts thereof, shall 51
be conditioned upon the payment of the damages thus assessed.52

       Sec. 1775.31. (A)As used in this section, "incompetent 53
person" means a person who is so mentally impaired as a result of 54
a mental or physical illness or disability, or mental retardation, 55
or as a result of chronic substance abuse, that the person is 56
incapable of taking proper care of the person's self or property 57
or fails to provide for the person's family or other persons for 58
whom the person is charged by law to provide.59

       (A) On application by or for a partner the court shall decree60
a dissolution whenever:61

       (1) A partner has been declared a lunatican incompetent 62
person in any judicial proceeding or is shown to be of unsound 63
mind;64

       (2) A partner becomes in any other way incapable of 65
performing histhe partner's part of the partnership contract;66

       (3) A partner has been guilty of such conduct as tends to 67
affect prejudicially the carrying on of the business;68

       (4) A partner willfully or persistently commits a breach of 69
the partnership agreement, or otherwise so conducts himselfthe 70
partner's self in matters relating to the partnership business 71
that it is not reasonably practicable to carry on the business in 72
partnership with himthe partner;73

       (5) The business of the partnership can only be carried on at 74
a loss;75

       (6) Other circumstances render a dissolution equitable.76

       (B) On the application of the purchaser of a partner's 77
interest under section 1775.26 or 1775.27 of the Revised Code, the 78
court shall decree a dissolution:79

       (1) After the termination of the specified term or particular 80
undertaking;81

       (2) At any time if the partnership was a partnership at will 82
when the interest was assigned or when the charging order was 83
issued.84

       Sec. 2111.37.  When a nonresident minor, incompetent, 85
habitual drunkard, idiot, imbecile, lunatic, or person confined in 86
a state, charitable, or correctional institution has real estate, 87
chattels, rights, credits, or moneys in this state, the probate 88
court of the county in which the property or a part of it is 89
situated may appoint a resident guardian of the ward to manage,90
collect, lease, and take care of histhe ward's property. The91
appointment may be made whether or not a ward has a guardian, 92
trustee, or other conservator in the state of histhe ward's93
residence, and, if hethe ward has a guardian, trustee, or other94
conservator in the state of histhe ward's residence, the control 95
and authority of the resident guardian appointed in Ohio shall be 96
superior as to all property of the ward in Ohio.97

       The first appointment of a resident guardian of a nonresident 98
ward shall extend to all the property and effects of the ward in 99
this state and exclude the jurisdiction of the probate court of 100
any other county.101

       Sec. 2111.47.  Upon reasonable notice to the guardian, to the 102
ward, and to the person on whose application the appointment was 103
made, and upon satisfactory proof that the necessity for the 104
guardianship no longer exists or that the letters of appointment 105
were improperly issued, the probate court shall order that the 106
guardianship of an incompetent terminate and shall make an107
appropriate entry upon the journal. Thereupon the guardianship 108
shall cease, the accounts of the guardian shall be settled by the 109
court, and the ward shall be restored to the full control of his110
the ward's property as before the appointment. Such entry 111
terminating the guardianship of an insaneincompetent person shall 112
have the same effect as a determination by the court that such 113
person is restored to sanitycompetent.114

       Sec. 2307.14. TheAs used in this section, "incompetent 115
person" means a person who is so mentally impaired as a result of 116
a mental or physical illness or disability, or mental retardation, 117
or as a result of chronic substance abuse, that the person is 118
incapable of taking proper care of the person's self or property 119
or fails to provide for the person's family or other persons for 120
whom the person is charged by law to provide.121

       The court shall require a guardian ad litem, or a trustee122
appointed under section 2307.13 or 2307.131 of the Revised Code, 123
faithfully to discharge histhe guardian ad litem's or trustee's124
duty, and upon his failure to do so, may remove himthe guardian 125
ad litem or trustee, and appoint another. The court may fix a 126
compensation for histhe guardian ad litem's or trustee's127
services, which shall be taxed in the costs against the minor, the 128
insaneincompetent person, or the unborn persons.129

       Sec. 2317.021. (A) As used in division (A) of section 2317.02 130
of the Revised Code:131

       "Client" means a person, firm, partnership, corporation, or 132
other association that, directly or through any representative, 133
consults an attorney for the purpose of retaining the attorney or 134
securing legal service or advice from himthe attorney in histhe 135
attorney's professional capacity, or consults an attorney employee 136
for legal service or advice, and who communicates, either directly 137
or through an agent, employee, or other representative, with such 138
attorney; and includes an incompetent person whose guardian so 139
consults the attorney in behalf of the incompetent person.140

       Where a corporation or association is a client having the 141
privilege and it has been dissolved, the privilege shall extend to 142
the last board of directors, their successors or assigns, or to 143
the trustees, their successors or assigns.144

       This section shall be construed as in addition to, and not in 145
limitation of, other laws affording protection to communications 146
under the attorney-client privilege.147

       (B) As used in this section and in sections 2317.02 and 148
2317.03 of the Revised Code, "incompetent" or "incompetent person" 149
means a person who is so mentally impaired as a result of a mental 150
or physical illness or disability, or mental retardation, or as a 151
result of chronic substance abuse, that the person is incapable of 152
taking proper care of the person's self or property or fails to 153
provide for the person's family or other persons for whom the 154
person is charged by law to provide.155

       Sec. 2317.03.  A party shall not testify when the adverse156
party is the guardian or trustee of either a deaf and dumb or an157
insanean incompetent person, or of a child of a deceased person, 158
or is an executor or administrator, or claims or defends as heir, 159
grantee, assignee, devisee, or legatee of a deceased person 160
except:161

       (A) As to facts which occurred after the appointment of the 162
guardian or trustee of an insaneincompetent person, and, in the 163
other cases, after the time the decedent, grantor, assignor, or164
testator died;165

       (B) When the action or proceeding relates to a contract made 166
through an agent by a person since deceased, and the agent is 167
competent to testify as a witness, a party may testify on the same 168
subject;169

       (C) If a party, or one having a direct interest, testifies to 170
transactions or conversations with another party, the latter may 171
testify as to the same transactions or conversations;172

       (D) If a party offers evidence of conversations or admissions 173
of the opposite party, the latter may testify concerning the same 174
conversations or admissions; and, if evidence of declarations 175
against interest made by an insane, incompetent, or deceased 176
person has been admitted, then any oral or written declaration 177
made by such insane, incompetent, or deceased person concerning 178
the same subject to which any such admitted evidence relates, and 179
which but for this provision would be excluded as self-serving, 180
shall be admitted in evidence if it be proved to the satisfaction 181
of the trial judge that the declaration was made at a time when 182
the declarant was competent to testify, concerning a subject 183
matter in issue, and, when no apparent motive to misrepresent 184
appears;185

       (E) In an action or proceeding by or against a partner or186
joint contractor, the adverse party shall not testify to187
transactions with, or admissions by, a partner or joint contractor 188
since deceased, unless they were made in the presence of the 189
surviving partner or joint contractor, and this rule applies 190
without regard to the character in which the parties sue or are 191
sued;192

       (F) If the claim or defense is founded on a book account, a 193
party may testify that the book is histhe party's account book, 194
that it is a book of original entries, that the entries therein 195
were made in the regular course of business by himselfthe party 196
personally, a person since deceased, or a disinterested person, 197
and the book is then competent evidence in any case, without 198
regard to the parties, upon like proof by any competent witness;199

       (G) If after testifying orally, a party dies, the evidence200
may be proved by either party on a further trial of the case,201
whereupon the opposite party may testify to the same matters;202

       (H) If a party dies and histhe party's deposition is offered203
in evidence, the opposite party may testify as to all competent204
matters therein.205

       This section does not apply to actions for causing death, or 206
actions or proceedings involving the validity of a deed, will or 207
codicil. When a case is plainly within the reason and spirit of 208
this section and sections 2317.01 and 2317.02 of the Revised Code, 209
though not within the strict letter, their principles shall be 210
applied.211

       Sec. 2317.06.  (A) If a party or witness, after testifying212
orally, dies, is beyond the jurisdiction of the court, cannot be213
found after diligent search, is insane,unable to testify because 214
of any physical or mental infirmity is unable to testify, or has 215
been summoned but appears to have been kept away by the adverse 216
party and if the evidence of the party or witness has been taken 217
down by an official stenographer, the evidence so taken may be 218
read in evidence by either party on the further trial of the case 219
and shall be prima-facie evidence of what the deceased party or220
witness testified to orally on the former trial. If the evidence221
has not been taken by an official stenographer, it may be proved222
by witnesses who were present at the former trial, having223
knowledge of the testimony. All testimony so offered shall be open 224
to all objections that might be taken if the witness was225
personally present.226

       (B)(1) If it is necessary in a civil action before the court 227
to procure the testimony of a person who is imprisoned in a228
workhouse, juvenile detention facility, jail, or state 229
correctional institution within this state, or who is in the 230
custody of the department of youth services, the court shall 231
require that the person's testimony be taken by deposition 232
pursuant to the Civil Rules at the place of the person's 233
confinement, unless the court determines that the interests of 234
justice demand that the person be brought before the court for the 235
presentation of histhe person's testimony.236

       (2) If the court determines that the interests of justice237
demand that a person specified in division (B)(1) of this section238
be brought before the court for the presentation of histhe239
person's testimony, the court shall order the person to be brought 240
before it under the procedures set forth in division (B) or (C) of241
section 2945.47 of the Revised Code.242

       (C) When a person's deposition is taken pursuant to division 243
(B)(1) of this section, the person shall remain in the custody of 244
the officer who is in charge of the person, and the officer shall 245
provide reasonable facilities for the taking of the deposition.246

       (D) The person requesting the testimony of the person whose 247
deposition is taken pursuant to division (B)(1) of this section 248
shall pay the expense of taking the deposition, except that the 249
court may tax the expense as court costs in appropriate cases.250

       Sec. 2721.05. AnyAs used in this section, "incompetent 251
person" means a person who is so mentally impaired as a result of 252
a mental or physical illness or disability, or mental retardation, 253
or as a result of chronic substance abuse, that the person is 254
incapable of taking proper care of the person's self or property 255
or fails to provide for the person's family or other persons for 256
whom the person is charged by law to provide.257

       Any person interested as or through an executor, 258
administrator, trustee, guardian, or other fiduciary, creditor, 259
devisee, legatee, heir, next of kin, or cestui que trust, in the 260
administration of a trust, or of the estate of a decedent, an 261
infant, lunatican incompetent person, or an insolvent person, may 262
have a declaration of rights or legal relations in respect thereto 263
in any of the following cases:264

       (A) To ascertain any class of creditors, devisees, legatees, 265
heirs, next of kin, or others;266

       (B) To direct the executors, administrators, trustees, or 267
other fiduciaries to do or abstain from doing any particular act 268
in their fiduciary capacity;269

       (C) To determine any question arising in the administration 270
of the estate or trust, including questions of construction of 271
wills and other writings.272

       Sec. 3763.06. TheAs used in this section, "incompetent 273
person" means a person who is so mentally impaired as a result of 274
a mental or physical illness or disability, or mental retardation, 275
or as a result of chronic substance abuse, that the person is 276
incapable of taking proper care of the person's self or property 277
or fails to provide for the person's family or other persons for 278
whom the person is charged by law to provide.279

       The property, both real and personal, of a defendant against280
whom a judgment is rendered under sections 3763.01 to 3763.08,281
inclusive, of the Revised Code, for fines, costs, or to recover 282
money or any other thing of value, lost or paid, shall be liable 283
therefor without exemption, and such judgment shall be a lien 284
thereon until paid. If the owner of the building in which the 285
money was lost knowingly permits it to be used for gaming 286
purposes, such building, and the real estate upon which it stands, 287
shall be liable therefor in a like manner. The guardian or trustee 288
of a minor, insane person, or idiotincompetent person, permitting 289
property under histhe guardian's or trustee's charge to be used 290
for gaming purposes and to become liable on account thereof, shall 291
be liable to histhe guardian's or trustee's ward for such amount.292

       Sec. 4303.272. AnyAs used in this section, "incompetent 293
person" means a person who is so mentally impaired as a result of 294
a mental or physical illness or disability, or mental retardation, 295
or as a result of chronic substance abuse, that the person is 296
incapable of taking proper care of the person's self or property 297
or fails to provide for the person's family or other persons for 298
whom the person is charged by law to provide.299

       Any permit holder whose permit premises are destroyed or made 300
unusable for any cause, or whose tenancy is terminated for any 301
cause, shall deliver the permit holder's permit to the division of 302
liquor control for safekeeping until such time as the original 303
permit premises are made available for occupancy or new premises 304
are secured by the permit holder or until new premises are secured 305
by the permit holder outside the precinct affected by a local 306
option election.307

       Unless the permit is to be cancelled as the result of a local 308
option election held pursuant to section 4301.352 of the Revised 309
Code, a permit holder whose permit is to be restricted or310
cancelled as the result of a local option election pursuant to311
sections 4301.32 to 4301.41 and 4305.14 of the Revised Code may,312
within the thirty-day period after the certification of the313
results of the election to the division, deliver the permit to the 314
division for safekeeping subject to the renewal and transfer 315
provision of this section. A permit holder whose permit is to be 316
cancelled as the result of a local option election held pursuant 317
to section 4301.352 of the Revised Code is not entitled to deliver 318
the permit to the division for safekeeping.319

       If, as the result of the election, the use of a permit is320
made wholly unlawful and the permit holder does not deliver or is321
not entitled to deliver the permit to the division for safekeeping 322
as provided in this section, the division shall forthwith cancel 323
and pick up the permit.324

       During the period of time that a permit is held in325
safekeeping by the division, the permit holder shall be allowed to 326
transfer the permit to other premises, subject to the provisions 327
of Chapters 4301. and 4303. of the Revised Code.328

       If the expiration date of a permit occurs during the time it 329
is held in safekeeping, the permit shall be renewed by the330
division if the permit holder complies with the other provisions 331
of Chapters 4301. and 4303. of the Revised Code, pertaining to the 332
renewal of a permit. The division shall issue and then retain the 333
renewed permit until the original permit premises become available 334
for occupancy by the permit holder or until the permit holder 335
secures other premises. The division shall return to the permit 336
holder a permit renewed while in safekeeping when the original 337
permit premises are made available for occupancy or new permit 338
premises are secured by the permit holder, if the premises meet 339
the requirements of Chapters 4301. and 4303. of the Revised Code.340

       A permit renewed while in safekeeping shall be considered in 341
full force and effect and may be transferred by the division.342

       Should the permit holder be adjudged an incompetent person or 343
insane or die while the permit holder's permit is in safekeeping, 344
the permit shall be transferred, upon application, by the division 345
to the guardian, administrator, executor, or other fiduciary of 346
the permit holder who shall have the same rights to the transfer,347
return, and renewal of the permit as is provided in this section348
for the permit holder.349

       A permit held in safekeeping shall not be renewed more than350
once while so held, unless the building from which the permit was351
taken for safekeeping or the building to which the permit is to be 352
transferred is under construction or reconstruction, in which353
event the permit shall be held in safekeeping and shall, upon the354
application of the permit holder, be renewed at each expiration355
date until the construction or reconstruction of the building is356
completed.357

       Sec. 4399.05. IfAs used in this section, "incompetent 358
person" means a person who is so mentally impaired as a result of 359
a mental or physical illness or disability, or mental retardation, 360
or as a result of chronic substance abuse, that the person is 361
incapable of taking proper care of the person's self or property 362
or fails to provide for the person's family or other persons for 363
whom the person is charged by law to provide.364

       If a person rents or leases to another a building or premises365
to be used or occupied, in whole or in part, for the sale of 366
intoxicating liquors, or permits such building or premises to be 367
so used or occupied, such building or premises shall be liable for 368
and may be sold to pay all fines, costs, and damages assessed 369
against a person occupying them. Proceedings may be had to subject 370
them to the payment of such fine and costs assessed or judgment371
recovered, or part remaining unpaid, either before or after 372
execution issues against the property of the person against whom 373
such fine and costs or judgment have been adjudged or assessed. 374
When execution issues against the property leased or rented, the 375
officer shall proceed to satisfy it out of the building or 376
premises so leased or occupied.377

       If such building or premises belong to a minor, insaneor 378
incompetent person, or idiot, histhe guardian having control 379
thereof shall be liable and account to histhe guardian's ward for 380
all damages on account of such use and occupation, and the 381
liabilities for such fines, costs, and damages.382

       Sec. 4971.16. PersonsAs used in this section, "incompetent 383
person" means a person who is so mentally impaired as a result of 384
a mental or physical illness or disability, or mental retardation, 385
or as a result of chronic substance abuse, that the person is 386
incapable of taking proper care of the person's self or property 387
or fails to provide for the person's family or other persons for 388
whom the person is charged by law to provide.389

       Persons in interest who fail to become parties to the 390
agreement within the four-month period referred to in section 391
4971.14 of the Revised Code are entitled to the same rights, 392
interest, estate, remedy, liens, and action, and none other, which 393
parties in interest of like class and amount who signed the 394
agreement obtained by and under it. If a person in interest fails 395
for six years after the publication of the notice mentioned in 396
such section to apply at the principal office of the company, 397
either in person or by proxy, to become a party in interest in the 398
agreement, such person, unless an infant or insaneincompetent 399
person, shall be barred of all interest, claim, right, or action 400
under the agreement or otherwise. In case of such disability such 401
rights shall be extended for two years after the termination of 402
the disability.403

       Sec. 5301.22. NoAs used in this section, "incompetent 404
person" means a person who is so mentally impaired as a result of 405
a mental or physical illness or disability, or mental retardation, 406
or as a result of chronic substance abuse, that the person is 407
incapable of taking proper care of the person's self or property 408
or fails to provide for the person's family or other persons for 409
whom the person is charged by law to provide.410

       No agreement described in section 5301.21 of the Revised Code411
shall be executed by a minor, idiot, lunatic, or insane412
incompetent person, but it may be executed and delivered for 413
record, on hissuch a person's behalf, by histhe person's414
guardian. When executed, acknowledged, delivered for record, and 415
recorded, such agreement shall be as effectual against such minor, 416
idiot, lunatic, or insaneincompetent person, as if hethe person417
had been under no disability, and had performed such acts himself418
personally. An owner, not under any of such disabilities, may 419
perform all such acts by an attorney in fact. The power of such 420
attorney must be in writing and first recorded in the county 421
recorder's office.422

       Sec. 5305.17. TheAs used in this section and sections 423
5305.18 to 5305.22 of the Revised Code, "incompetent person" means 424
a person who is so mentally impaired as a result of a mental or 425
physical illness or disability, or mental retardation, or as a 426
result of chronic substance abuse, that the person is incapable of 427
taking proper care of the person's self or property or fails to 428
provide for the person's family or other persons for whom the 429
person is charged by law to provide.430

       The guardian of a surviving spouse who has been adjudged 431
insaneto be an incompetent person may appear and answer for such 432
insaneincompetent person in an action under section 5305.15 of 433
the Revised Code, subject to the approval of the court in which it 434
is pending. Such answer has the same effect as if such spouse 435
answered personally. The guardian shall be liable to such spouse, 436
or the heirs, for all damage or loss sustained by histhe 437
guardian's fraud or collusion, notwithstanding the approval of the 438
court. 439

       Sec. 5305.18.  A person owning real property in this state,440
encumbered by the contingent or vested right of dower of an insane441
incompetent person, may apply, by petition to the court of common442
pleas of the county in which the real estate, or any part thereof, 443
is situated, making defendants thereto such insaneincompetent444
person, and the spouse and guardian, if such insaneincompetent445
person has either or both, for leave to sell any part of such real 446
property, discharged and unencumbered of such contingent or vested 447
right of dower. The petition must set forth the insanitygrounds 448
for the incompetency of the person, together with a description of 449
the land proposed to be sold. Thereupon the court shall appoint a 450
committee of six competent menindividuals, of whom at least three 451
are physicians, who, under oath, shall inquire into the insanity452
competence of such person, and hear testimony to be produced by 453
the spouse or guardian, or, if there is no such guardian, by a 454
guardian ad litem to be appointed in the action. The committee 455
shall make a report, in writing, of the result of its 456
investigation, signed by its members.457

       Sec. 5305.19.  If the committee provided for in section 458
5305.18 of the Revised Code unanimously reports that the person 459
having a contingent or vested right of dower, in its opinion, is a460
permanently insaneincompetent person, the court of common pleas 461
shall appoint three judicious freeholders to appraise the real 462
estate described in the petition mentioned in said section, 463
whether or not such real estate is in one or several counties. 464
Such freeholders shall report in writing the value of each tract.465

       Sec. 5305.20.  When the report provided for in section466
5305.19 of the Revised Code is filed, the court of common pleas467
may direct the petitioner, by a sufficient deed of conveyance, to468
convey to the insaneincompetent person, to be held by such person 469
in fee, such proportion of the real estate described in the 470
petition as seems just, or the court may assign to such insane471
incompetent person, to be held by himthe incompetent person472
during life, after the death of the spouse of such person, such 473
proportion of the real estate described in the petition as seems 474
just, for histhe incompetent person's support, or the court may 475
order the petitioner to invest an amount by it fixed, in the stock 476
of a company, or stocks created by the laws of this state, as the477
court designates, the profits, and dividends or distributions,478
arising from such investment to be applied to the support and479
maintenance of the insaneincompetent person after the death of 480
the spouse of such person. The petitioner, upon his compliance 481
with the order of the court, may sell all the real property hethe 482
petitioner is possessed of, described in the petition, free and 483
unencumbered of the contingent or vested right of dower of such 484
insaneincompetent person.485

       Sec. 5305.21.  When the spouse of an insaneincompetent486
person conveys real estate in this state, in which such person has 487
a contingent or vested right of dower, and the insaneincompetent488
person does not join the spouse in the conveyance, the spouse may 489
apply by petition to the court of common pleas of the county in 490
which the insaneincompetent person resides, or, if such insane491
incompetent person resides out of the state, then in the county in 492
which the real estate is situated, for leave to have part or all 493
of such real estate so conveyed, released of the dower right 494
therein. Such petition shall set forth the insanitygrounds for 495
incompetency of the insaneincompetent person, and a description496
of the land proposed to be affected. The insaneincompetent497
person, guardian, if there is one, and all persons in interest, 498
shall be made defendants, and the action shall be proceeded with 499
as prescribed in sections 5305.18 to 5305.20, inclusive, of the 500
Revised Code, except that instead of ordering the petitioner to 501
sell the real estate or to convey or assign to such insane502
incompetent person any part of it, the court shall direct the 503
petitioner to make such investment as is provided in section 504
5305.20 of the Revised Code, or require himthe petitioner to 505
secure the amount to the use of the insaneincompetent person by 506
mortgage of unencumbered real estate of at least double the value 507
thereof. Upon compliance by the petitioner with the order made, 508
the court shall enter a judgment releasing and discharging the509
real estate from the encumbrance of such right of dower, and 510
adjudge the holder of the legal title, or other party liable, to 511
pay to the petitioner any sum withheld or retained as indemnity 512
against such dower right. 513

       Sec. 5305.22.  Any real estate or interest therein coming to 514
a person by purchase, inheritance, or otherwise, after the spouse 515
of such person is adjudged insane,an incompetent person and is an 516
inmate ofadmitted to either a hospital for the insanepersons 517
with mental illness in this state, or confined in the insane 518
department of any epileptic hospital of this state, or any other519
state of the United States, or is an inmate of a hospital for the 520
insane, or confined in the insanepsychiatric department of any 521
hospital of the United States, may be conveyed by such person 522
while such insane spouse who is an incompetent person remains an523
inmatea patient thereof, free and clear from any dower right or 524
expectancy of such insane spouse who is an incompetent person. 525
Dower shall not attach to any real estate so acquired and conveyed 526
during the time described in this section in favor of such insane527
spouse who is an incompetent person. The indorsement upon the 528
instrument of conveyance, by the superintendent of the hospital, 529
that such spouse is an insane inmateincompetent person thereof,530
stating when received therein and signed officially by himthe531
superintendent, shall be sufficient evidence of the fact that such 532
spouse is such inmateincompetent person. This indorsement shall533
be a part of the instrument of conveyance.534

       Sec. 5307.19. TheAs used in this section and section 535
5307.20 of the Revised Code, "incompetent person" means a person 536
who is so mentally impaired as a result of a mental or physical 537
illness or disability, or mental retardation, or as a result of 538
chronic substance abuse, that the person is incapable of taking 539
proper care of the person's self or property or fails to provide 540
for the person's family or other persons for whom the person is 541
charged by law to provide.542

       The guardian of a minor, idiot, imbecile, or insane543
incompetent person, on behalf of histhe guardian's ward, may 544
perform any act, matter, or thing respecting the partition of an 545
estate which such ward could do under sections 5307.01 to 5307.25, 546
inclusive, of the Revised Code, if hethe ward were of age and of 547
sound mind. On behalf of such ward, the guardian may elect to 548
take the estate, when it cannot be divided without injury, and 549
make payments therefor on the ward's behalf.550

       Sec. 5307.20.  A person appointed according to the laws of 551
any other state or country, to take charge of the estate of an 552
idiot or insaneincompetent person not a resident of this state, 553
upon being authorized in this state to take charge of such estate 554
situated therein, may act in the partition of the estate the same555
as the guardian of an idiot or insaneincompetent person is 556
authorized to do by section 5307.19 of the Revised Code.557

       Sec. 5310.12. NoAs used in this section, "incompetent 558
person" means a person who is so mentally impaired as a result of 559
a mental or physical illness or disability, or mental retardation, 560
or as a result of chronic substance abuse, that the person is 561
incapable of taking proper care of the person's self or property 562
or fails to provide for the person's family or other persons for 563
whom the person is charged by law to provide.564

       No action or proceeding for compensation from the assurance565
fund provided for in section 5310.05 of the Revised Code for, or 566
by reason of, any deprivation, loss, or damage shall be made, 567
brought or taken, except within a period of six years from the 568
time when the right to bring such action or proceeding first 569
accrued. If at the time when such right of action first accrues 570
the person entitled to bring such action or take such proceedings 571
is within the age of eighteen years, insanean incompetent person, 572
imprisoned, or absent from the United States in the service of the 573
United States or of this state, such person or anyone claiming 574
from, by, or under himthe person, may bring the action at any 575
time within two years after such disability is removed.576

       Sec. 5711.05. EachAs used in this section and section 577
5711.07 of the Revised Code, "incompetent person" means a person 578
who is so mentally impaired as a result of a mental or physical 579
illness or disability, or mental retardation, or as a result of 580
chronic substance abuse, that the person is incapable of taking 581
proper care of the person's self or property or fails to provide 582
for the person's family or other persons for whom the person is 583
charged by law to provide.584

       Each person shall return all the taxable property of which he585
the person is the owner, except property required by this section 586
or the regulations of the tax commissioner to be returned for him587
the person by a fiduciary; but this section does not authorize any 588
person to omit from histhe person's return of taxable property589
histhe person's interest in investments and other taxable590
intangible property yielding income owned or held for histhe 591
person's benefit by a fiduciary and not taxed at the source, or 592
other taxable property so owned or held by a nonresident 593
fiduciary. The return of all the taxable property of a corporation 594
shall be made by the president, a vice-president, or the secretary 595
and by the principal accounting officer, that of a partnership, by 596
a partner, and that of an association, by the managing agent in 597
this state.598

       All taxable property belonging to the persons named or599
indicated shall be returned by the fiduciaries named, as follows:600

       (A) That of a ward, by histhe ward's guardian;601

       (B) That of a minor, an idiot, or an insaneincompetent602
person having no guardian, by histhe minor's or incompetent 603
person's father, if living, if not, by histhe minor's or 604
incompetent person's mother, if living, and if neither father nor 605
mother is living, by the person having such property in charge;606

       (C) That of an estate of a deceased person, by histhe 607
deceased person's executor, administrator, or personal 608
representative;609

       (D) That of persons whose assets are in the hands of610
receivers, assignees for the benefit of creditors, trustees in611
bankruptcy, or official custodians, by such receivers, assignees,612
trustees in bankruptcy, or official custodians.613

       Personal property used in business and taxable property of a 614
nonresident used in and arising out of a business transacted for 615
himthe nonresident or on histhe nonresident's behalf in any of 616
the cases mentioned in section 5709.03 of the Revised Code, in the 617
possession or custody of any agent, factor, bailee, or other 618
similar fiduciary, shall be returned by such fiduciary, except as 619
is provided by regulation of the commissioner; but as to such 620
property in the possession, custody, or legal ownership of a 621
trustee the next succeeding paragraph of this section shall be 622
exclusive; provided that a warehousemanwarehouseperson shall not 623
be required to return for taxation personal property assigned624
consigned to himthe warehouseperson for the sole purpose of being 625
stored or forwarded, if such warehousemanwarehouseperson has no626
interest in such property other than his warehouseman'sa627
warehouseperson's lien, or any profit to be derived from its sale.628

       All the taxable property, except investments and other629
taxable intangible property yielding income, of a person for whose 630
benefit property is held in trust shall be returned by the631
trustee, and if any beneficiary of such a trust is a minor, an632
idiot, or an insaneincompetent person residing in this state, and 633
for whom there is no other fiduciary in this state, the 634
commissioner may require such a trustee to return also the 635
investments and other taxable intangible property yielding income 636
held for the benefit of any such beneficiary and not taxed at the 637
source.638

       All returns made as fiduciaries' returns shall be separate639
from the fiduciary's return as an individual, firm, association,640
or corporation and shall set forth the names of all persons toward 641
whom the relation of fiduciary is borne or on whose behalf the 642
returns are made, together with the capacity in which the643
fiduciary so acts for each of such persons.644

       The commissioner may adopt and promulgate regulations645
covering the making of returns not inconsistent with this section646
or sections 5711.01 to 5711.36, inclusive, of the Revised Code, so 647
that all property taxable in this state shall be returned for648
taxation.649

       Sec. 5711.07.  Personal property used in business shall be650
listed and assessed in the taxing district in which such business651
is carried on. If such business is carried on in more than one652
taxing district in the same county, the return shall set forth the 653
amount of the property used therein which is situated in each654
taxing district in such county, and the value of all the personal655
property used in business shall be apportioned to and assessed in656
each of such taxing districts in proportion to the value of the657
personal property situated therein. Domestic animals not used in658
business shall be listed and assessed in the taxing district where 659
kept. Ships, vessels, boats, and aircraft, and shares and660
interests therein, shall be listed and assessed in the taxing661
district in which the owner resides. All other taxable property662
shall be listed and assessed in the municipal corporation in which 663
the owner resides, or, if the owner resides outside a municipal 664
corporation, then in the county in which hethe owner resides665
except as provided in sections 5711.01 to 5711.36, inclusive, of666
the Revised Code. Whenever, under such sections, taxable property 667
required by this section to be listed and assessed in the taxing 668
district or county in which the owner resides is required to be 669
listed by a fiduciary, such property shall be listed and assessed 670
by such fiduciary in the taxing district or county in which such 671
fiduciary resides, or, in the case of joint fiduciaries, in which 672
either such fiduciary resides; but such property belonging to the 673
estate of a deceased resident of this state shall be listed and 674
assessed in the taxing district or county in which hethe deceased 675
resident resided at the time of his death, regardless of the 676
residence of histhe deceased resident's executors,677
administrators, or personal representatives, and such property 678
belonging to a ward, minor, insaneincompetent person, or 679
beneficiary of a trust residing in this state, title, custody, or 680
possession of which is vested in a nonresident fiduciary, shall be 681
listed and assessed in the taxing district or county in which such 682
ward, minor, insaneincompetent person, or beneficiary resides.683

       Sec. 5907.06. An insane personA person with a mental 684
illness that causes the person to be dangerous to the community685
shall not be admitted to a veterans' home. In case an insane 686
persona person with such a mental illness, through687
misrepresentation as to the person's condition, is sent to a home, 688
the person shall be returned to, and the expense of the return 689
shall be borne by, the county from which the person came.690

       Sec. 5907.08.  When a resident of a veterans' home becomes 691
insanedangerous to the community due to a mental illness, the 692
superintendent of the Ohio veterans' home agency shall file with 693
the probate judge of the county in which the home is located 694
substantially the following affidavit:695

       "The State of Ohio, .......... county, ss. ..........., 696
superintendent of the Ohio veterans' home agency, being duly697
sworn, says that the superintendent believes that ............, a698
resident of the veterans' home located in .......... county, is 699
insanehas a mental illness; that, in consequence of the700
resident's insanitymental illness, the resident's being at large 701
is dangerous to the community, and that the resident was received702
into the home from ............ county, on the ...... day of703
........., .....704

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

705
       Sec. 5907.09.  When the affidavit referred to in section706
5907.08 of the Revised Code is filed, the probate judge shall707
forthwith determine the sanitycompetence of the resident. Insofar 708
as applicable, the laws governing in cases of admission to a state 709
hospital for the insanepersons with mental illness shall apply. 710
The probate judge shall have the same authority, and may receive 711
and order paid the same fees and costs, as the probate judge would 712
have in the county in which the veteran was a resident at the time 713
of entering the veterans' home.714

       Section 2.  That existing sections 701.01, 711.23, 1775.31, 715
2111.37, 2111.47, 2307.14, 2317.021, 2317.03, 2317.06, 2721.05, 716
3763.06, 4303.272, 4399.05, 4971.16, 5301.22, 5305.17, 5305.18, 717
5305.19, 5305.20, 5305.21, 5305.22, 5307.19, 5307.20, 5310.12, 718
5711.05, 5711.07, 5907.06, 5907.08, and 5907.09 of the Revised 719
Code are hereby repealed.720

       Section 3. Section 4303.272 of the Revised Code is presented 721
in this act as a composite of the section as amended by both Am. 722
Sub. S.B. 149 and Am. Sub. S.B. 162 of the 121st General Assembly. 723
The General Assembly, applying the principle stated in division 724
(B) of section 1.52 of the Revised Code that amendments are to be 725
harmonized if reasonably capable of simultaneous operation, finds 726
that the composite is the resulting version of the section in 727
effect prior to the effective date of the section as presented in 728
this act.729