As Introduced

127th General Assembly Regular Session 2007-2008

S. B. No. 305

Senator Miller, D. 

Cosponsors: Senators Smith, Cafaro, Morano, Miller, R., Roberts, Kearney, Sawyer, Fedor, Goodman, Boccieri 

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A BILL

To amend sections 9.03, 124.93, 125.111, 153.59,

1

153.591, 176.04, 176.06, 340.12, 511.03, 717.01,

2

1501.012, 1751.18, 2915.08, 2927.03, 3113.36,

3

3301.53, 3304.14, 3304.50, 3313.481, 3314.06,

4

3332.09, 3721.13, 3905.55, 4111.17, 4112.01,

5

4112.02, 4112.021, 4112.04, 4112.05, 4112.08,

6

4117.19, 4735.16, 4735.55, 4757.07, 4758.16,

7

4765.18, 5104.09, 5107.26, 5111.31, 5119.61,

8

5123.351, 5126.07, 5515.08, and 5709.832 of the

9

Revised Code to prohibit discrimination on the

10

basis of sexual orientation.

11

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

Section 1.  That sections 9.03, 124.93, 125.111, 153.59,	12
153.591, 176.04, 176.06, 340.12, 511.03, 717.01, 1501.012,	13
1751.18, 2915.08, 2927.03, 3113.36, 3301.53, 3304.14, 3304.50,	14
3313.481, 3314.06, 3332.09, 3721.13, 3905.55, 4111.17, 4112.01,	15
4112.02, 4112.021, 4112.04, 4112.05, 4112.08, 4117.19, 4735.16,	16
4735.55, 4757.07, 4758.16, 4765.18, 5104.09, 5107.26, 5111.31,	17
5119.61, 5123.351, 5126.07, 5515.08, and 5709.832 of the Revised	18
Code be amended to read as follows:	19

Sec. 9.03.  (A) As used in this section, "political	20
subdivision" means any body corporate and politic, except a	21
municipal corporation that has adopted a charter under Section 7	22
of Article XVIII, Ohio Constitution, and except a county that has	23
adopted a charter under Sections 3 and 4 of Article X, Ohio	24
Constitution, to which both of the following apply:	25

(1) It is responsible for governmental activities only in a	26
geographic area smaller than the state.	27

(2) It is subject to the sovereign immunity of the state.

28

(B) Except as otherwise provided in division (C) of this	29
section, the governing body of a political subdivision may use	30
public funds to publish and distribute newsletters, or to use any	31
other means, to communicate information about the plans, policies,	32
and operations of the political subdivision to members of the	33
public within the political subdivision and to other persons who	34
may be affected by the political subdivision.	35

(C) Except as otherwise provided in division (A)(7) of	36
section 340.03 or division (A)(12) of section 340.033 of the	37
Revised Code, no governing body of a political subdivision shall	38
use public funds to do any of the following:	39

(1) Publish, distribute, or otherwise communicate information	40
that does any of the following:	41

(a) Contains defamatory, libelous, or obscene matter;

42

(b) Promotes alcoholic beverages, cigarettes or other tobacco	43
products, or any illegal product, service, or activity;	44

(c) Promotes illegal discrimination on the basis of sexual	45
orientation as defined in section 4112.01 of the Revised Code,	46
race, color, religion, national origin, handicap, age, or	47
ancestry;	48

(d) Supports or opposes any labor organization or any action	49
by, on behalf of, or against any labor organization;	50

(e) Supports or opposes the nomination or election of a	51
candidate for public office, the investigation, prosecution, or	52
recall of a public official, or the passage of a levy or bond	53
issue.	54

(2) Compensate any employee of the political subdivision for	55
time spent on any activity to influence the outcome of an election	56
for any of the purposes described in division (C)(1)(e) of this	57
section. Division (C)(2) of this section does not prohibit the use	58
of public funds to compensate an employee of a political	59
subdivision for attending a public meeting to present information	60
about the political subdivision's finances, activities, and	61
governmental actions in a manner that is not designed to influence	62
the outcome of an election or the passage of a levy or bond issue,	63
even though the election, levy, or bond issue is discussed or	64
debated at the meeting.	65

(D) Nothing in this section prohibits or restricts any	66
political subdivision from sponsoring, participating in, or doing	67
any of the following:	68

(1) Charitable or public service advertising that is not	69
commercial in nature;	70

(2) Advertising of exhibitions, performances, programs,	71
products, or services that are provided by employees of a	72
political subdivision or are provided at or through premises owned	73
or operated by a political subdivision;	74

(3) Licensing an interest in a name or mark that is owned or	75
controlled by the political subdivision.	76

(E) As used in this section, "cigarettes" and "tobacco	77
product" have the same meanings as in section 5743.01 of the	78
Revised Code.	79

Sec. 124.93.  (A) As used in this section, "physician" means	80
any person who holds a valid certificate to practice medicine and	81
surgery or osteopathic medicine and surgery issued under Chapter	82
4731. of the Revised Code.	83

(B) No health insuring corporation that, on or after July 1,	84
1993, enters into or renews a contract with the department of	85
administrative services under section 124.82 of the Revised Code,	86
because of a physician's race, color, religion, sex, or national	87
origin,; disability or sexual orientation, as those terms are	88
defined in section 4112.01 of the Revised Code,; age,; or	89
ancestry, shall refuse to contract with that physician for the	90
provision of health care services under section 124.82 of the	91
Revised Code.	92

Any health insuring corporation that violates this division	93
is deemed to have engaged in an unlawful discriminatory practice	94
as defined in section 4112.02 of the Revised Code and is subject	95
to Chapter 4112. of the Revised Code.	96

(C) Each health insuring corporation that, on or after July	97
1, 1993, enters into or renews a contract with the department of	98
administrative services under section 124.82 of the Revised Code	99
and that refuses to contract with a physician for the provision of	100
health care services under that section shall provide that	101
physician with a written notice that clearly explains the reason	102
or reasons for the refusal. The notice shall be sent to the	103
physician by regular mail within thirty days after the refusal.	104

Any health insuring corporation that fails to provide notice	105
in compliance with this division is deemed to have engaged in an	106
unfair and deceptive act or practice in the business of insurance	107
as defined in section 3901.21 of the Revised Code and is subject	108
to sections 3901.19 to 3901.26 of the Revised Code.	109

Sec. 125.111.  (A) Every contract for or on behalf of the	110
state or any of its political subdivisions for any purchase shall	111
contain provisions similar to those required by section 153.59 of	112
the Revised Code in the case of construction contracts by which	113
the contractor agrees to both of the following:	114

(1) That, in the hiring of employees for the performance of	115
work under the contract or any subcontract, no contractor or	116
subcontractor, by reason of race, color, religion, sex, or age,;	117
disability or sexual orientation, as those terms are defined in	118
section 4112.01 of the Revised Code,; national origin,; or	119
ancestry, shall discriminate against any citizen of this state in	120
the employment of a person qualified and available to perform the	121
work to which the contract relates;	122

(2) That no contractor, subcontractor, or person acting on	123
behalf of any contractor or subcontractor, in any manner, shall	124
discriminate against, intimidate, or retaliate against any	125
employee hired for the performance of work under the contract on	126
account of race, color, religion, sex, or age,; disability or	127
sexual orientation, as those terms are defined in section 4112.01	128
of the Revised Code,; national origin,; or ancestry.	129

(B) All contractors from whom the state or any of its	130
political subdivisions make purchases shall have a written	131
affirmative action program for the employment and effective	132
utilization of economically disadvantaged persons, as referred to	133
in division (E)(1) of section 122.71 of the Revised Code.	134
Annually, each such contractor shall file a description of the	135
affirmative action program and a progress report on its	136
implementation with the equal employment opportunity office of the	137
department of administrative services.	138

Sec. 153.59.  Every contract for or on behalf of the state,	139
or any township, county, or municipal corporation of the state,	140
for the construction, alteration, or repair of any public building	141
or public work in the state shall contain provisions by which the	142
contractor agrees to both of the following:	143

(A) That, in the hiring of employees for the performance of	144
work under the contract or any subcontract, no contractor,	145
subcontractor, or any person acting on a contractor's or	146
subcontractor's behalf, by reason of race, creed, or sex,;	147
disability or sexual orientation, as those terms are defined in	148
section 4112.01 of the Revised Code,; or color, shall discriminate	149
against any citizen of the state in the employment of labor or	150
workers who is qualified and available to perform the work to	151
which the employment relates;	152

(B) That no contractor, subcontractor, or any person on a	153
contractor's or subcontractor's behalf, in any manner, shall	154
discriminate against or intimidate any employee hired for the	155
performance of work under the contract on account of race, creed,	156
or sex,; disability or sexual orientation, as those terms are	157
defined in section 4112.01 of the Revised Code,; or color.	158

The department of administrative services shall ensure that	159
no capital moneys appropriated by the general assembly for any	160
purpose shall be expended unless the project for which those	161
moneys are appropriated provides for an affirmative action program	162
for the employment and effective utilization of disadvantaged	163
persons whose disadvantage may arise from cultural, racial, or	164
ethnic background, or other similar cause, including, but not	165
limited to, race, religion, or sex,; disability or sexual	166
orientation, as those terms are defined in section 4112.01 of the	167
Revised Code,; national origin,; or ancestry.	168

In awarding contracts for capital improvement projects, the	169
department shall ensure that equal consideration be given to	170
contractors, subcontractors, or joint venturers who qualify as a	171
minority business enterprise. As used in this section, "minority	172
business enterprise" means a business enterprise that is owned or	173
controlled by one or more socially or economically disadvantaged	174
persons who are residents of this state. "Socially or economically	175
disadvantaged persons" means persons, regardless of marital	176
status, who are members of groups whose disadvantage may arise	177
from discrimination on the basis of race, religion, or sex,;	178
disability or sexual orientation, as those terms are defined in	179
section 4112.01 of the Revised Code,; national origin,; ancestry,;	180
or other similar cause.	181

Sec. 153.591.  Any provision of a hiring hall contract or	182
agreement which obligates a contractor to hire, if available, only	183
employees referred to the contractor by a labor organization shall	184
be void as against public policy and unenforceable with respect to	185
employment under any public works contract unless at the date of	186
execution of the hiring hall contract or agreement, or within	187
thirty days thereafter, the labor organization has in effect	188
procedures for referring qualified employees for hire without	189
regard to sexual orientation as defined in section 4112.01 of the	190
Revised Code, race, color, religion, national origin, or ancestry	191
and unless the labor organization includes in its apprentice and	192
journeyperson's membership, or otherwise has available for job	193
referral without discrimination, qualified employees, both whites	194
and non-whites (including African-AmericansAfrican Americans).	195

Sec. 176.04.  (A) No municipal corporation, county, or	196
township shall issue general obligations pursuant to section	197
133.51 of the Revised Code or expend moneys raised by taxation to	198
provide, or assist in providing, housing pursuant to Section 16 of	199
Article VIII, Ohio Constitution, unless the municipal corporation,	200
county, or township has done all of the following:	201

(1) Established or designated a housing advisory board	202
pursuant to section 176.01 of the Revised Code, or entered into an	203
agreement pursuant to section 176.02 of the Revised Code for the	204
service of a housing advisory board established by one or more	205
other subdivisions;	206

(2) At least thirty days prior to approval of it by the	207
legislative authority of the municipal corporation, county, or	208
township, submitted to the housing advisory board for review,	209
comments, and recommendations, a comprehensive housing	210
affordability strategy for the municipal corporation, county, or	211
township developed under the "Cranston-Gonzalez National	212
Affordable Housing Act," 104 Stat. 4079 (1990), Pub. Law No.	213
101-625, or other state or local comprehensive plan for the	214
development and maintenance of affordable housing within the	215
boundaries of the municipal corporation, county, or township.	216

Approval of the plan by the legislative authority may be	217
effective for a period of one to five years. No submission of an	218
amended plan is required unless the submitted description of the	219
purposes for which any part of those moneys are proposed to be	220
applied is intended to be, or raise a reasonable concern that it	221
might be construed to be, inconsistent with the existing plan.	222

(3) Submitted to the housing advisory board a written	223
description of the purposes to which the proceeds of the proposed	224
general obligations or the moneys raised by taxation are proposed	225
to be applied, and allowed at least fifteen days to elapse during	226
which the housing advisory board may review the submitted	227
description and advise the municipal corporation, county, or	228
township in accordance with division (D) of this section. For	229
purposes of this section, the written description of the purposes	230
to which the moneys raised by taxation are proposed to be applied	231
may be submitted annually to the housing advisory board prior to	232
the adoption of the annual appropriation measure pursuant to	233
section 5705.38 of the Revised Code.	234

(B) No municipal corporation, county, or township shall issue	235
general obligations pursuant to section 133.51 of the Revised Code	236
to provide, or assist in providing, housing pursuant to Section 16	237
of Article VIII, Ohio Constitution, unless the municipal	238
legislative authority, the board of county commissioners, or the	239
board of township trustees has substantially complied with each of	240
the following requirements:	241

(1) Analyzed the anticipated impact of the purposes to which	242
the proceeds of the proposed general obligations are to be applied	243
upon existing housing patterns in the municipal corporation,	244
county, or township;	245

(2) Submitted to the housing advisory board serving it a fair	246
housing impact statement summarizing the analysis undertaken under	247
division (B)(1) of this section and conclusions from that	248
analysis;	249

(3) Submitted to the housing advisory board serving it a plan	250
for affirmative marketing to persons, regardless of marital	251
status, who are members of groups that may be disadvantaged by	252
discrimination on the basis of race, religion, or sex,; disability	253
or sexual orientation, as those terms are defined in section	254
4112.01 of the Revised Code,; national origin,; ancestry,;	255
children,; or other similar cause or who traditionally would not	256
be expected to apply for housing at the location proposed to be	257
benefited by the proceeds of the proposed general obligations.	258

(C) No approval of a housing advisory board shall be required	259
for issuance of general obligations pursuant to section 133.51 of	260
the Revised Code or any proposed expenditure of moneys raised by	261
taxation to provide, or assist in providing, housing pursuant to	262
Section 16 of Article VIII, Ohio Constitution.	263

(D) The matters on which a housing advisory board shall	264
advise the subdivisions it serves shall include the following:	265

(1) The consistency of a project or program with the plan	266
submitted under division (A)(2) of this section;	267

(2) The extent to which any project or program to which the	268
proceeds of the proposed general obligations or the moneys raised	269
by taxation are proposed to be applied may displace households	270
that consequently may need relocation assistance;	271

(3) The length of time for which projects to which the	272
proceeds of the proposed general obligations or the moneys raised	273
by taxation are proposed to be applied will remain affordable to	274
any targeted income group;	275

(4) The extent to which any lending program is available, in	276
whole or in part, from private lenders upon reasonably equivalent	277
terms and conditions.	278

Sec. 176.06. (A) Each municipal corporation, county, and	279
township shall compile and make available, in accordance with this	280
section, to the public for inspection and copying for a period of	281
five years, the number and total dollar amount of mortgage loans	282
that were originated, for which completed applications were	283
received and applicants were rejected, and that were purchased by	284
that municipal corporation, county, or township during each fiscal	285
year. Information regarding each mortgage loan category described	286
in this section shall be itemized to clearly and conspicuously	287
disclose the following:	288

(1) The number and dollar amount of mortgage loans insured	289
under Title II of the "National Housing Act," 48 Stat. 1246	290
(1934), 12 U.S.C.A. 1707 et seq., or under Title V of the "Housing	291
Act of 1949," 63 Stat. 413, 432, 42 U.S.C.A. 1471 et seq., or	292
guaranteed under the "Veterans' Loan Act," 58 Stat. 284 (1944), 38	293
U.S.C.A. 1801 et seq.;	294

(2) The number and dollar amount of mortgage loans made to	295
mortgagors who did not, at the time of execution of the mortgage,	296
intend to reside in the property securing the mortgage loan;	297

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

298

(4) The number and dollar amount of mortgage loans involving	299
mortgagors or mortgage applicants grouped according to census	300
tract, income level, race, color, religion, sex, and ancestry,;	301
disability and sexual orientation, as those terms are defined in	302
section 4112.01 of the Revised Code,; and national origin.	303

(B) The information described in this section shall be made	304
available to the public in raw data form and updated quarterly.	305
Within four months after the end of each fiscal year, each	306
municipal corporation, county, and township shall submit to the	307
president of the senate and the speaker of the house of	308
representatives a report containing the information described in	309
this section for the immediately preceding fiscal year.	310

(C) As used in this section, "mortgage loan" means a loan	311
secured by a mortgage, deed of trust, or other security interest	312
to finance the acquisition, construction, improvement, or	313
rehabilitation of single-family residential housing.	314

Sec. 340.12.  No board of alcohol, drug addiction, and mental	315
health services or any agency, corporation, or association under	316
contract with such a board shall discriminate in the provision of	317
services under its authority, in employment, or contract on the	318
basis of sexual orientation as defined in section 4112.01 of the	319
Revised Code, race, color, sex, creed, disability, national	320
origin, or the inability to pay.	321

Each board, each community mental health agency, and each	322
alcohol and drug addiction program shall have a written	323
affirmative action program. The affirmative action program shall	324
include goals for the employment and effective utilization of,	325
including contracts with, members of economically disadvantaged	326
groups as defined in division (E)(1) of section 122.71 of the	327
Revised Code in percentages reflecting as nearly as possible the	328
composition of the alcohol, drug addiction, and mental health	329
service district served by the board. Each board, agency, and	330
program shall file a description of the affirmative action program	331
and a progress report on its implementation with the department of	332
mental health or the department of alcohol and drug addiction	333
services.	334

Sec. 511.03.  After an affirmative vote in an election held	335
under sections 511.01 and 511.02 of the Revised Code, the board of	336
township trustees may make all contracts necessary for the	337
purchase of a site, and the erection, improvement, or enlargement	338
of such building. The board shall have control of any town hall	339
belonging to the township, and it may rent or lease all or part of	340
any hall, lodge, or recreational facility belonging to the	341
township, to any person or organization under terms the board	342
considers proper, for which all rent shall be paid in advance or	343
fully secured. In establishing the terms of any rental agreement	344
or lease pursuant to this section, the board of township trustees	345
may give preference to persons who are residents of or	346
organizations that are headquartered in the township or that are	347
charitable or fraternal in nature. All persons or organizations	348
shall be treated on a like or similar basis, and no	349
differentiation shall be made on the basis of sexual orientation	350
as defined in section 4112.01 of the Revised Code, race, color,	351
religion, national origin, sex, or political affiliation. The	352
rents received for such facilities may be used for their repair or	353
improvement, and any balance shall be used for general township	354
purposes.	355

Sec. 717.01.  Each municipal corporation may do any of the	356
following:	357

(A) Acquire by purchase or condemnation real estate with or	358
without buildings on it, and easements or interests in real	359
estate;	360

(B) Extend, enlarge, reconstruct, repair, equip, furnish, or	361
improve a building or improvement that it is authorized to acquire	362
or construct;	363

(C) Erect a crematory or provide other means for disposing of	364
garbage or refuse, and erect public comfort stations;	365

(D) Purchase turnpike roads and make them free;

366

(E) Construct wharves and landings on navigable waters;

367

(F) Construct infirmaries, workhouses, prisons, police	368
stations, houses of refuge and correction, market houses, public	369
halls, public offices, municipal garages, repair shops, storage	370
houses, and warehouses;	371

(G) Construct or acquire waterworks for supplying water to	372
the municipal corporation and its inhabitants and extend the	373
waterworks system outside of the municipal corporation limits;	374

(H) Construct or purchase gas works or works for the	375
generation and transmission of electricity, for the supplying of	376
gas or electricity to the municipal corporation and its	377
inhabitants;	378

(I) Provide grounds for cemeteries or crematories, enclose	379
and embellish them, and construct vaults or crematories;	380

(J) Construct sewers, sewage disposal works, flushing	381
tunnels, drains, and ditches;	382

(K) Construct free public libraries and reading rooms, and	383
free recreation centers;	384

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

385

(M) Construct monuments or memorial buildings to commemorate	386
the services of soldiers, sailors, and marines of the state and	387
nation;	388

(N) Provide land for and improve parks, boulevards, and	389
public playgrounds;	390

(O) Construct hospitals and pesthouses;

391

(P) Open, construct, widen, extend, improve, resurface, or	392
change the line of any street or public highway;	393

(Q) Construct and improve levees, dams, waterways,	394
waterfronts, and embankments and improve any watercourse passing	395
through the municipal corporation;	396

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

397

(S)(1) Construct any building necessary for the police or	398
fire department;	399

(2) Purchase fire engines or fire boats;

400

(3) Construct water towers or fire cisterns;

401

(4) Place underground the wires or signal apparatus of any	402
police or fire department.	403

(T) Construct any municipal ice plant for the purpose of	404
manufacturing ice for the citizens of a municipal corporation;	405

(U) Construct subways under any street or boulevard or	406
elsewhere;	407

(V) Acquire by purchase, gift, devise, bequest, lease,	408
condemnation proceedings, or otherwise, real or personal property,	409
and thereon and thereof to establish, construct, enlarge, improve,	410
equip, maintain, and operate airports, landing fields, or other	411
air navigation facilities, either within or outside the limits of	412
a municipal corporation, and acquire by purchase, gift, devise,	413
lease, or condemnation proceedings rights-of-way for connections	414
with highways, waterways, and electric, steam, and interurban	415
railroads, and improve and equip such facilities with structures	416
necessary or appropriate for such purposes. No municipal	417
corporation may take or disturb property or facilities belonging	418
to any public utility or to a common carrier engaged in interstate	419
commerce, which property or facilities are required for the proper	420
and convenient operation of the utility or carrier, unless	421
provision is made for the restoration, relocation, or duplication	422
of the property or facilities elsewhere at the sole cost of the	423
municipal corporation.	424

(W) Provide by agreement with any regional airport authority,	425
created under section 308.03 of the Revised Code, for the making	426
of necessary surveys, appraisals, and examinations preliminary to	427
the acquisition or construction of any airport or airport facility	428
and pay the portion of the expense of the surveys, appraisals, and	429
examinations as set forth in the agreement;	430

(X) Provide by agreement with any regional airport authority,	431
created under section 308.03 of the Revised Code, for the	432
acquisition, construction, maintenance, or operation of any	433
airport or airport facility owned or to be owned and operated by	434
the regional airport authority or owned or to be owned and	435
operated by the municipal corporation and pay the portion of the	436
expense of it as set forth in the agreement;	437

(Y) Acquire by gift, purchase, lease, or condemnation, land,	438
forest, and water rights necessary for conservation of forest	439
reserves, water parks, or reservoirs, either within or without the	440
limits of the municipal corporation, and improve and equip the	441
forest and water parks with structures, equipment, and	442
reforestation necessary or appropriate for any purpose for the	443
utilization of any of the forest and water benefits that may	444
properly accrue therefrom to the municipal corporation;	445

(Z) Acquire real property by purchase, gift, or devise and	446
construct and maintain on it public swimming pools, either within	447
or outside the limits of the municipal corporation;	448

(AA) Construct or rehabilitate, equip, maintain, operate, and	449
lease facilities for housing of elderly persons and for persons of	450
low and moderate income, and appurtenant facilities. No municipal	451
corporation shall deny housing accommodations to or withhold	452
housing accommodations from elderly persons or persons of low and	453
moderate income because of race, color, religion, or sex,;	454
familial status, disability, or sexual orientation, as those terms	455
are defined in section 4112.01 of the Revised Code, disability as	456
defined in that section,; ancestry,; or national origin. Any	457
elderly person or person of low or moderate income who is denied	458
housing accommodations or has them withheld by a municipal	459
corporation because of race, color, religion, or sex,; familial	460
status, disability, or sexual orientation, as those terms are	461
defined in section 4112.01 of the Revised Code, disability as	462
defined in that section,; ancestry,; or national origin may file a	463
charge with the Ohio civil rights commission as provided in	464
Chapter 4112. of the Revised Code.	465

(BB) Acquire, rehabilitate, and develop rail property or rail	466
service, and enter into agreements with the Ohio rail development	467
commission, boards of county commissioners, boards of township	468
trustees, legislative authorities of other municipal corporations,	469
with other governmental agencies or organizations, and with	470
private agencies or organizations in order to achieve those	471
purposes;	472

(CC) Appropriate and contribute money to a soil and water	473
conservation district for use under Chapter 1515. of the Revised	474
Code;	475

(DD) Authorize the board of county commissioners, pursuant to	476
a contract authorizing the action, to contract on the municipal	477
corporation's behalf for the administration and enforcement within	478
its jurisdiction of the state building code by another county or	479
another municipal corporation located within or outside the	480
county. The contract for administration and enforcement shall	481
provide for obtaining certification pursuant to division (E) of	482
section 3781.10 of the Revised Code for the exercise of	483
administration and enforcement authority within the municipal	484
corporation seeking those services and shall specify which	485
political subdivision is responsible for securing that	486
certification.	487

(EE) Expend money for providing and maintaining services and	488
facilities for senior citizens.	489

"Airport," "landing field," and "air navigation facility," as	490
defined in section 4561.01 of the Revised Code, apply to division	491
(V) of this section.	492

As used in divisions (W) and (X) of this section, "airport"	493
and "airport facility" have the same meanings as in section 308.01	494
of the Revised Code.	495

As used in division (BB) of this section, "rail property" and	496
"rail service" have the same meanings as in section 4981.01 of the	497
Revised Code.	498

Sec. 1501.012.  (A) The director of natural resources may	499
lease lands in state parks, as defined in section 1501.07 of the	500
Revised Code, and contract for the construction and operation of	501
public service facilities, as mentioned in that section, and for	502
major renovation or remodeling of existing public service	503
facilities by the lessees on those lands. If the director	504
determines that doing so would be consistent with long-range	505
planning of the department of natural resources and in the best	506
interests of the department and the division of parks and	507
recreation in the department, the director shall negotiate and	508
execute a lease and contract for those purposes in accordance with	509
this chapter except as otherwise provided in this section.	510

(B) With the approval of the recreation and resources council	511
created under section 1501.04 of the Revised Code, the director	512
shall draft a statement of intent describing any public service	513
facility that the department wishes to have constructed in	514
accordance with this section and establishing a procedure for the	515
submission of proposals for providing the facility, including, but	516
not limited to, a requirement that each prospective bidder or	517
lessee of land shall submit with the proposal a completed	518
questionnaire and financial statement, on forms prescribed and	519
furnished by the department, to enable the department to ascertain	520
the person's financial worth and experience in maintaining and	521
operating facilities similar or related to the public service	522
facility in question. The completed questionnaire and financial	523
statement shall be verified under oath by the prospective bidder	524
or lessee. Questionnaires and financial statements submitted under	525
this division are confidential and are not open to public	526
inspection. Nothing in this division shall be construed to prevent	527
use of or reference to questionnaires and financial statements in	528
a civil action or criminal prosecution commenced by the state.	529

The director shall publish the statement of intent in at	530
least three daily newspapers of general circulation in the state	531
at least once each week for four consecutive weeks. The director	532
then shall accept proposals in response to the statement of intent	533
for at least thirty days following the final publication of the	534
statement. At the end of the period during which proposals may be	535
submitted under this division, the director shall select the	536
proposal that the director determines best complies with the	537
statement of intent and may negotiate a lease and contract with	538
the person that submitted that proposal.	539

(C) Any lease and contract negotiated under this section	540
shall include in its terms and conditions all of the following:	541

(1) The legal description of the leasehold;

542

(2) The duration of the lease and contract, which shall not	543
exceed forty years, and a requirement that the lease and contract	544
be nonrenewable;	545

(3) A requirement that the lessee maintain in full force and	546
effect during the term of the lease and contract comprehensive	547
liability insurance for injury, death, or loss to persons or	548
property and fire casualty insurance for the public service	549
facility and all its structures in an amount established by the	550
director and naming the department as an additional insured;	551

(4) A requirement that the lessee maintain in full force and	552
effect suitable performance bonds or other adequate security	553
pertaining to the construction and operation of the public service	554
facility;	555

(5) Detailed plans and specifications controlling the	556
construction of the public service facility that shall include all	557
of the following:	558

(a) The size and capacity of the facility;

559

(b) The type and quality of construction;

560

(c) Other criteria that the department considers necessary	561
and advisable.	562

(6) The manner of rental payment;

563

(7) A stipulation that the director shall have control and	564
supervision over all of the following:	565

(a) The operating season of the public service facility;

566

(b) The facility's hours of operation;

567

(c) The maximum rates to be charged guests using the	568
facility;	569

(d) The facility's sanitary conditions;

570

(e) The quality of food and service furnished the guests of	571
the facility;	572

(f) The lessee's general and structural maintenance	573
responsibilities at the facility.	574

(8) The disposition of the leasehold and improvements at the	575
expiration of the lease and contract;	576

(9) A requirement that the public service facility be	577
available to all members of the public without regard to sex,	578
race, color, creed, ancestry, or national origin, or disability or	579
sexual orientation, as those terms are defined in section 4112.01	580
of the Revised Code;	581

(10) Other terms and conditions that the director considers	582
necessary and advisable to carry out the purposes of this section.	583

(D) The attorney general shall approve the form of the lease	584
and contract prior to its execution by the director.	585

(E) The authority granted in this section to the director is	586
in addition and supplemental to any other authority granted the	587
director under state law.	588

Sec. 1751.18.  (A)(1) No health insuring corporation shall	589
cancel or fail to renew the coverage of a subscriber or enrollee	590
because of any health status-related factor in relation to the	591
subscriber or enrollee, the subscriber's or enrollee's	592
requirements for health care services, or for any other reason	593
designated under rules adopted by the superintendent of insurance.	594

(2) Unless otherwise required by state or federal law, no	595
health insuring corporation, or health care facility or provider	596
through which the health insuring corporation has made	597
arrangements to provide health care services, shall discriminate	598
against any individual with regard to enrollment, disenrollment,	599
or the quality of health care services rendered, on the basis of	600
the individual's sexual orientation as defined in section 4112.01	601
of the Revised Code, race, color, sex, age, religion, or status as	602
a recipient of medicare or medical assistance under Title XVIII or	603
XIX of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A.	604
301, as amended, or any health status-related factor in relation	605
to the individual. However, a health insuring corporation shall	606
not be required to accept a recipient of medicare or medical	607
assistance, if an agreement has not been reached on appropriate	608
payment mechanisms between the health insuring corporation and the	609
governmental agency administering these programs. Further, except	610
during a period of open enrollment under section 1751.15 of the	611
Revised Code, a health insuring corporation may reject an	612
applicant for nongroup enrollment on the basis of any health	613
status-related factor in relation to the applicant.	614

(B) A health insuring corporation may cancel or decide not to	615
renew the coverage of an enrollee if the enrollee has performed an	616
act or practice that constitutes fraud or intentional	617
misrepresentation of material fact under the terms of the coverage	618
and if the cancellation or nonrenewal is not based, either	619
directly or indirectly, on any health status-related factor in	620
relation to the enrollee.	621

(C) An enrollee may appeal any action or decision of a health	622
insuring corporation taken pursuant to section 2742(b) to (e) of	623
the "Health Insurance Portability and Accountability Act of 1996,"	624
Pub. L. No. 104-191, 110 Stat. 1955, 42 U.S.C.A. 300gg-42, as	625
amended. To appeal, the enrollee may submit a written complaint	626
to the health insuring corporation pursuant to section 1751.19 of	627
the Revised Code. The enrollee may, within thirty days after	628
receiving a written response from the health insuring corporation,	629
appeal the health insuring corporation's action or decision to the	630
superintendent.	631

(D) As used in this section, "health status-related factor"	632
means any of the following:	633

(1) Health status;

634

(2) Medical condition, including both physical and mental	635
illnesses;	636

(3) Claims experience;

637

(4) Receipt of health care;

638

(5) Medical history;

639

(6) Genetic information;

640

(7) Evidence of insurability, including conditions arising	641
out of acts of domestic violence;	642

(8) Disability.

643

Sec. 2915.08.  (A)(1) Annually before the first day of	644
January, a charitable organization that desires to conduct bingo,	645
instant bingo at a bingo session, or instant bingo other than at a	646
bingo session shall make out, upon a form to be furnished by the	647
attorney general for that purpose, an application for a license to	648
conduct bingo, instant bingo at a bingo session, or instant bingo	649
other than at a bingo session and deliver that application to the	650
attorney general together with a license fee as follows:	651

(a) Except as otherwise provided in this division, for a	652
license for the conduct of bingo, two hundred dollars;	653

(b) For a license for the conduct of instant bingo at a bingo	654
session or instant bingo other than at a bingo session for a	655
charitable organization that previously has not been licensed	656
under this chapter to conduct instant bingo at a bingo session or	657
instant bingo other than at a bingo session, a license fee of five	658
hundred dollars, and for any other charitable organization, a	659
license fee that is based upon the gross profits received by the	660
charitable organization from the operation of instant bingo at a	661
bingo session or instant bingo other than at a bingo session,	662
during the one-year period ending on the thirty-first day of	663
October of the year immediately preceding the year for which the	664
license is sought, and that is one of the following:	665

(i) Five hundred dollars, if the total is fifty thousand	666
dollars or less;	667

(ii) One thousand two hundred fifty dollars plus one-fourth	668
per cent of the gross profit, if the total is more than fifty	669
thousand dollars but less than two hundred fifty thousand one	670
dollars;	671

(iii) Two thousand two hundred fifty dollars plus one-half	672
per cent of the gross profit, if the total is more than two	673
hundred fifty thousand dollars but less than five hundred thousand	674
one dollars;	675

(iv) Three thousand five hundred dollars plus one per cent of	676
the gross profit, if the total is more than five hundred thousand	677
dollars but less than one million one dollars;	678

(v) Five thousand dollars plus one per cent of the gross	679
profit, if the total is one million one dollars or more;	680

(c) A reduced license fee established by the attorney general	681
pursuant to division (G) of this section.	682

(d) For a license to conduct bingo for a charitable	683
organization that prior to the effective date of this amendment	684
July 1, 2003, has not been licensed under this chapter to conduct	685
bingo, instant bingo at a bingo session, or instant bingo other	686
than at a bingo session, a license fee established by rule by the	687
attorney general in accordance with division (H) of this section.	688

(2) The application shall be in the form prescribed by the	689
attorney general, shall be signed and sworn to by the applicant,	690
and shall contain all of the following:	691

(a) The name and post-office address of the applicant;

692

(b) A statement that the applicant is a charitable	693
organization and that it has been in continuous existence as a	694
charitable organization in this state for two years immediately	695
preceding the making of the application or for five years in the	696
case of a fraternal organization or a nonprofit medical	697
organization;	698

(c) The location at which the organization will conduct	699
bingo, which location shall be within the county in which the	700
principal place of business of the applicant is located, the days	701
of the week and the times on each of those days when bingo will be	702
conducted, whether the organization owns, leases, or subleases the	703
premises, and a copy of the rental agreement if it leases or	704
subleases the premises;	705

(d) A statement of the applicant's previous history, record,	706
and association that is sufficient to establish that the applicant	707
is a charitable organization, and a copy of a determination letter	708
that is issued by the Internal Revenue Service and states that the	709
organization is tax exempt under subsection 501(a) and described	710
in subsection 501(c)(3), 501(c)(4), 501(c)(7), 501(c)(8),	711
501(c)(10), or 501(c)(19) of the Internal Revenue Code;	712

(e) A statement as to whether the applicant has ever had any	713
previous application refused, whether it previously has had a	714
license revoked or suspended, and the reason stated by the	715
attorney general for the refusal, revocation, or suspension;	716

(f) A statement of the charitable purposes for which the net	717
profit derived from bingo, other than instant bingo, will be used,	718
and a statement of how the net profit derived from instant bingo	719
will be distributed in accordance with section 2915.101 of the	720
Revised Code;	721

(g) Other necessary and reasonable information that the	722
attorney general may require by rule adopted pursuant to section	723
111.15 of the Revised Code;	724

(h) If the applicant is a charitable trust as defined in	725
section 109.23 of the Revised Code, a statement as to whether it	726
has registered with the attorney general pursuant to section	727
109.26 of the Revised Code or filed annual reports pursuant to	728
section 109.31 of the Revised Code, and, if it is not required to	729
do either, the exemption in section 109.26 or 109.31 of the	730
Revised Code that applies to it;	731

(i) If the applicant is a charitable organization as defined	732
in section 1716.01 of the Revised Code, a statement as to whether	733
it has filed with the attorney general a registration statement	734
pursuant to section 1716.02 of the Revised Code and a financial	735
report pursuant to section 1716.04 of the Revised Code, and, if it	736
is not required to do both, the exemption in section 1716.03 of	737
the Revised Code that applies to it;	738

(j) In the case of an applicant seeking to qualify as a youth	739
athletic park organization, a statement issued by a board or body	740
vested with authority under Chapter 755. of the Revised Code for	741
the supervision and maintenance of recreation facilities in the	742
territory in which the organization is located, certifying that	743
the playing fields owned by the organization were used for at	744
least one hundred days during the year in which the statement is	745
issued, and were open for use to all residents of that territory,	746
regardless of sexual orientation as defined in section 4112.01 of	747
the Revised Code, race, color, creed, religion, sex, or national	748
origin, for athletic activities by youth athletic organizations	749
that do not discriminate on the basis of sexual orientation as	750
defined in section 4112.01 of the Revised Code, race, color,	751
creed, religion, sex, or national origin, and that the fields were	752
not used for any profit-making activity at any time during the	753
year. That type of board or body is authorized to issue the	754
statement upon request and shall issue the statement if it finds	755
that the applicant's playing fields were so used.	756

(3) The attorney general, within thirty days after receiving	757
a timely filed application from a charitable organization that has	758
been issued a license under this section that has not expired and	759
has not been revoked or suspended, shall send a temporary permit	760
to the applicant specifying the date on which the application was	761
filed with the attorney general and stating that, pursuant to	762
section 119.06 of the Revised Code, the applicant may continue to	763
conduct bingo until a new license is granted or, if the	764
application is rejected, until fifteen days after notice of the	765
rejection is mailed to the applicant. The temporary permit does	766
not affect the validity of the applicant's application and does	767
not grant any rights to the applicant except those rights	768
specifically granted in section 119.06 of the Revised Code. The	769
issuance of a temporary permit by the attorney general pursuant to	770
this division does not prohibit the attorney general from	771
rejecting the applicant's application because of acts that the	772
applicant committed, or actions that the applicant failed to take,	773
before or after the issuance of the temporary permit.	774

(4) Within thirty days after receiving an initial license	775
application from a charitable organization to conduct bingo,	776
instant bingo at a bingo session, or instant bingo other than at a	777
bingo session, the attorney general shall conduct a preliminary	778
review of the application and notify the applicant regarding any	779
deficiencies. Once an application is deemed complete, or beginning	780
on the thirtieth day after the application is filed, if the	781
attorney general failed to notify the applicant of any	782
deficiencies, the attorney general shall have an additional sixty	783
days to conduct an investigation and either grant or deny the	784
application based on findings established and communicated in	785
accordance with divisions (B) and (E) of this section. As an	786
option to granting or denying an initial license application, the	787
attorney general may grant a temporary license and request	788
additional time to conduct the investigation if the attorney	789
general has cause to believe that additional time is necessary to	790
complete the investigation and has notified the applicant in	791
writing about the specific concerns raised during the	792
investigation.	793

(B)(1) The attorney general shall adopt rules to enforce	794
sections 2915.01, 2915.02, and 2915.07 to 2915.13 of the Revised	795
Code to ensure that bingo or instant bingo is conducted in	796
accordance with those sections and to maintain proper control over	797
the conduct of bingo or instant bingo. The rules, except rules	798
adopted pursuant to divisions (A)(2)(g) and (G) of this section,	799
shall be adopted pursuant to Chapter 119. of the Revised Code. The	800
attorney general shall license charitable organizations to conduct	801
bingo, instant bingo at a bingo session, or instant bingo other	802
than at a bingo session in conformance with this chapter and with	803
the licensing provisions of Chapter 119. of the Revised Code.	804

(2) The attorney general may refuse to grant a license to any	805
organization, or revoke or suspend the license of any	806
organization, that does any of the following or to which any of	807
the following applies:	808

(a) Fails or has failed at any time to meet any requirement	809
of section 109.26, 109.31, or 1716.02, or sections 2915.07 to	810
2915.11 of the Revised Code, or violates or has violated any	811
provision of sections 2915.02 or 2915.07 to 2915.13 of the Revised	812
Code or any rule adopted by the attorney general pursuant to this	813
section;	814

(b) Makes or has made an incorrect or false statement that is	815
material to the granting of the license in an application filed	816
pursuant to division (A) of this section;	817

(c) Submits or has submitted any incorrect or false	818
information relating to an application if the information is	819
material to the granting of the license;	820

(d) Maintains or has maintained any incorrect or false	821
information that is material to the granting of the license in the	822
records required to be kept pursuant to divisions (A) and (C) of	823
section 2915.10 of the Revised Code, if applicable;	824

(e) The attorney general has good cause to believe that the	825
organization will not conduct bingo, instant bingo at a bingo	826
session, or instant bingo other than at a bingo session in	827
accordance with sections 2915.07 to 2915.13 of the Revised Code or	828
with any rule adopted by the attorney general pursuant to this	829
section.	830

(3) For the purposes of division (B) of this section, any	831
action of an officer, trustee, agent, representative, or bingo	832
game operator of an organization is an action of the organization.	833

(C) The attorney general may grant licenses to charitable	834
organizations that are branches, lodges, or chapters of national	835
charitable organizations.	836

(D) The attorney general shall send notice in writing to the	837
prosecuting attorney and sheriff of the county in which the	838
organization will conduct bingo, instant bingo at a bingo session,	839
or instant bingo other than at a bingo session, as stated in its	840
application for a license or amended license, and to any other law	841
enforcement agency in that county that so requests, of all of the	842
following:	843

(1) The issuance of the license;

844

(2) The issuance of the amended license;

845

(3) The rejection of an application for and refusal to grant	846
a license;	847

(4) The revocation of any license previously issued;

848

(5) The suspension of any license previously issued.

849

(E) A license issued by the attorney general shall set forth	850
the information contained on the application of the charitable	851
organization that the attorney general determines is relevant,	852
including, but not limited to, the location at which the	853
organization will conduct bingo, instant bingo at a bingo session,	854
or instant bingo other than at a bingo session and the days of the	855
week and the times on each of those days when bingo will be	856
conducted. If the attorney general refuses to grant or revokes or	857
suspends a license, the attorney general shall notify the	858
applicant in writing and specifically identify the reason for the	859
refusal, revocation, or suspension in narrative form and, if	860
applicable, by identifying the section of the Revised Code	861
violated. The failure of the attorney general to give the written	862
notice of the reasons for the refusal, revocation, or suspension	863
or a mistake in the written notice does not affect the validity of	864
the attorney general's refusal to grant, or the revocation or	865
suspension of, a license. If the attorney general fails to give	866
the written notice or if there is a mistake in the written notice,	867
the applicant may bring an action to compel the attorney general	868
to comply with this division or to correct the mistake, but the	869
attorney general's order refusing to grant, or revoking or	870
suspending, a license shall not be enjoined during the pendency of	871
the action.	872

(F) A charitable organization that has been issued a license	873
pursuant to division (B) of this section but that cannot conduct	874
bingo or instant bingo at the location, or on the day of the week	875
or at the time, specified on the license due to circumstances that	876
make it impractical to do so may apply in writing, together with	877
an application fee of two hundred fifty dollars, to the attorney	878
general, at least thirty days prior to a change in location, day	879
of the week, or time, and request an amended license. The	880
application shall describe the causes making it impractical for	881
the organization to conduct bingo or instant bingo in conformity	882
with its license and shall indicate the location, days of the	883
week, and times on each of those days when it desires to conduct	884
bingo or instant bingo. Except as otherwise provided in this	885
division, the attorney general shall issue the amended license in	886
accordance with division (E) of this section, and the organization	887
shall surrender its original license to the attorney general. The	888
attorney general may refuse to grant an amended license according	889
to the terms of division (B) of this section.	890

(G) The attorney general, by rule adopted pursuant to section	891
111.15 of the Revised Code, shall establish a schedule of reduced	892
license fees for charitable organizations that desire to conduct	893
bingo or instant bingo during fewer than twenty-six weeks in any	894
calendar year.	895

(H) The attorney general, by rule adopted pursuant to section	896
111.15 of the Revised Code, shall establish license fees for the	897
conduct of bingo, instant bingo at a bingo session, or instant	898
bingo other than at a bingo session for charitable organizations	899
that prior to the effective date of this amendmentJuly 1, 2003,	900
have not been licensed to conduct bingo, instant bingo at a bingo	901
session, or instant bingo other than at a bingo session under this	902
chapter.	903

(I) The attorney general may enter into a written contract	904
with any other state agency to delegate to that state agency the	905
powers prescribed to the attorney general under Chapter 2915. of	906
the Revised Code.	907

(J) The attorney general, by rule adopted pursuant to section	908
111.15 of the Revised Code, may adopt rules to determine the	909
requirements for a charitable organization that is exempt from	910
federal income taxation under subsection 501(a) and described in	911
subsection 501(c)(3) of the Internal Revenue Code to be in good	912
standing in the state.	913

Sec. 2927.03.  (A) No person, whether or not acting under	914
color of law, shall by force or threat of force willfully injure,	915
intimidate, or interfere with, or attempt to injure, intimidate,	916
or interfere with, any of the following:	917

(1) Any person because of race, color, religion, or sex,;	918
familial status, disability, or sexual orientation, as those terms	919
are defined in section 4112.01 of the Revised Code,; national	920
origin, disability as defined in that section,; or ancestry and	921
because that person is or has been selling, purchasing, renting,	922
financing, occupying, contracting, or negotiating for the sale,	923
purchase, rental, financing, or occupation of any housing	924
accommodations, or applying for or participating in any service,	925
organization, or facility relating to the business of selling or	926
renting housing accommodations;	927

(2) Any person because that person is or has been doing, or	928
in order to intimidate that person or any other person or any	929
class of persons from doing, either of the following:	930

(a) Participating, without discrimination on account of race,	931
color, religion, or sex,; familial status, disability, or sexual	932
orientation, as those terms are defined in section 4112.01 of the	933
Revised Code,; national origin, disability as defined in that	934
section,; or ancestry, in any of the activities, services,	935
organizations, or facilities described in division (A)(1) of this	936
section;	937

(b) Affording another person or class of persons opportunity	938
or protection so to participate.	939

(3) Any person because that person is or has been, or in	940
order to discourage that person or any other person from, lawfully	941
aiding or encouraging other persons to participate, without	942
discrimination on account of race, color, religion, or sex,;	943
familial status, disability, or sexual orientation, as those terms	944
are defined in section 4112.01 of the Revised Code,; national	945
origin, disability as defined in that section,; or ancestry, in	946
any of the activities, services, organizations, or facilities	947
described in division (A)(1) of this section, or participating	948
lawfully in speech or peaceful assembly opposing any denial of the	949
opportunity to so participate.	950

(B) Whoever violates division (A) of this section is guilty	951
of a misdemeanor of the first degree.	952

Sec. 3113.36.  (A) To qualify for funds under section 3113.35	953
of the Revised Code, a shelter for victims of domestic violence	954
shall meet all of the following requirements:	955

(1) Be incorporated in this state as a nonprofit corporation;

956

(2) Have trustees who represent the racial, ethnic, and	957
socioeconomic diversity of the community to be served, including	958
at least one person who is or has been a victim of domestic	959
violence;	960

(3) Receive at least twenty-five per cent of its funds from	961
sources other than funds distributed pursuant to section 3113.35	962
of the Revised Code. These other sources may be public or private,	963
and may include funds distributed pursuant to section 3113.37 of	964
the Revised Code, and contributions of goods or services,	965
including materials, commodities, transportation, office space, or	966
other types of facilities or personal services.	967

(4) Provide residential service or facilities for children	968
when accompanied by a parent, guardian, or custodian who is a	969
victim of domestic violence and who is receiving temporary	970
residential service at the shelter;	971

(5) Require persons employed by or volunteering services to	972
the shelter to maintain the confidentiality of any information	973
that would identify individuals served by the shelter.	974

(B) A shelter for victims of domestic violence does not	975
qualify for funds if it discriminates in its admissions or	976
provision of services on the basis of sexual orientation as	977
defined in section 4112.01 of the Revised Code, race, religion,	978
color, age, marital status, national origin, or ancestry. A	979
shelter does not qualify for funds in the second half of any year	980
if its application projects the provision of residential service	981
and such service has not been provided in the first half of that	982
year; such a shelter does not qualify for funds in the following	983
year.	984

Sec. 3301.53.  (A) Not later than July 1, 1988, the state	985
board of education, in consultation with the director of job and	986
family services, shall formulate and prescribe by rule adopted	987
under Chapter 119. of the Revised Code minimum standards to be	988
applied to preschool programs operated by school district boards	989
of education, county MR/DD boards, or eligible nonpublic schools.	990
The rules shall include the following:	991

(1) Standards ensuring that the preschool program is located	992
in a safe and convenient facility that accommodates the enrollment	993
of the program, is of the quality to support the growth and	994
development of the children according to the program objectives,	995
and meets the requirements of section 3301.55 of the Revised Code;	996

(2) Standards ensuring that supervision, discipline, and	997
programs will be administered according to established objectives	998
and procedures;	999

(3) Standards ensuring that preschool staff members and	1000
nonteaching employees are recruited, employed, assigned,	1001
evaluated, and provided inservice education without discrimination	1002
on the basis of sexual orientation as defined in section 4112.01	1003
of the Revised Code, age, color, national origin, race, or sex;	1004
and that preschool staff members and nonteaching employees are	1005
assigned responsibilities in accordance with written position	1006
descriptions commensurate with their training and experience;	1007

(4) A requirement that boards of education intending to	1008
establish a preschool program on or after March 17, 1989,	1009
demonstrate a need for a preschool program that is not being met	1010
by any existing program providing child care, prior to	1011
establishing the program;	1012

(5) Requirements that children participating in preschool	1013
programs have been immunized to the extent considered appropriate	1014
by the state board to prevent the spread of communicable disease;	1015

(6) Requirements that the parents of preschool children	1016
complete the emergency medical authorization form specified in	1017
section 3313.712 of the Revised Code.	1018

(B) The state board of education in consultation with the	1019
director of job and family services shall ensure that the rules	1020
adopted by the state board under sections 3301.52 to 3301.58 of	1021
the Revised Code are consistent with and meet or exceed the	1022
requirements of Chapter 5104. of the Revised Code with regard to	1023
child day-care centers. The state board and the director of job	1024
and family services shall review all such rules at least once	1025
every five years.	1026

(C) On or before January 1, 1992, the state board of	1027
education, in consultation with the director of job and family	1028
services, shall adopt rules for school child programs that are	1029
consistent with and meet or exceed the requirements of the rules	1030
adopted for school child day-care centers under Chapter 5104. of	1031
the Revised Code.	1032

Sec. 3304.14.  The rehabilitation services commission shall	1033
appoint an administrator to serve at the pleasure of the	1034
commission and shall fix histhe administrator's compensation. The	1035
administrator shall devote histhe administrator's entire time to	1036
the duties of his office, shall hold no other office or position	1037
of trust and profit, and shall engage in no other business during	1038
histhe administrator's term of office. The commission may	1039
delegate to the administrator the authority to appoint, remove,	1040
and discipline without regard to sexual orientation as defined in	1041
section 4112.01 of the Revised Code, sex, race, creed, color, age,	1042
or national origin, such other professional, administrative, and	1043
clerical staff members as are necessary to carry out the functions	1044
and duties of the commission.	1045

Sec. 3304.50.  The Ohio independent living council	1046
established and appointed by the governor under the authority of	1047
section 107.18 of the Revised Code and pursuant to the	1048
"Rehabilitation Act Amendments of 1992," 106 Stat. 4344, 29	1049
U.S.C.A. 796d, shall appoint an executive director to serve at the	1050
pleasure of the council and shall fix histhe executive director's	1051
compensation. The executive director shall not be considered a	1052
public employee for purposes of Chapter 4117. of the Revised Code.	1053
The council may delegate to the executive director the authority	1054
to appoint, remove, and discipline, without regard to sexual	1055
orientation as defined in section 4112.01 of the Revised Code,	1056
sex, race, creed, color, age, or national origin, such other	1057
professional, administrative, and clerical staff members as are	1058
necessary to carry out the functions and duties of the council.	1059

Sec. 3313.481.  (A) With the approval of the department of	1060
education, a board of education of a city, exempted village,	1061
local, or joint vocational school district may operate any of its	1062
schools on a schedule other than that required by section 3313.48	1063
of the Revised Code in order to do any of the following:	1064

(1) To provide a flexible school day during which may be held	1065
parent-teacher conferences and reporting periods involving time in	1066
excess of that permitted to be credited toward fulfillment of the	1067
minimum school year under section 3313.48 of the Revised Code;	1068

(2) To establish and maintain a calendar of quarters,	1069
trimesters, or pentamesters;	1070

(3) To provide staggered attendance schedules if it receives	1071
approval to do so from the department of education.	1072

(B) A school district operating a school under this section	1073
shall have such school open for instruction for each pupil	1074
enrolled in that school for at least nine hundred ten hours during	1075
the school year. For purposes of determining whether a school that	1076
is on a staggered attendance schedule is in compliance with this	1077
section in any school year, the department of education may	1078
include days the school was open for instruction with pupils in	1079
attendance for not more than the first seventy days of the ensuing	1080
school year provided such days are not considered as days the	1081
school was open for instruction during such ensuing school year.	1082
The following shall be considered as time during which the schools	1083
are open for instruction for a pupil enrolled in such a school, or	1084
for a pupil enrolled in a school that is not on a staggered	1085
attendance schedule but that operates under this section:	1086

(1) Morning and afternoon recess periods of not more than	1087
fifteen minutes duration per period for a pupil in grades one	1088
through six;	1089

(2) Ten hours during which the pupil would otherwise be in	1090
attendance but when he is not required to attend school in order	1091
to provide time for individualized parent-teacher conferences and	1092
reporting periods;	1093

(3) Ten hours during which the pupil would otherwise be in	1094
attendance but is not required to attend school in order to	1095
provide time for teachers to attend professional meetings;	1096

(4) The number of hours pupils would otherwise be in	1097
attendance but are not required to attend because school is closed	1098
as a result of a public calamity as provided in section 3317.01 of	1099
the Revised Code.	1100

(C) No board of education shall discriminate on the basis of	1101
sexual orientation as defined in section 4112.01 of the Revised	1102
Code, sex, race, religion, or national origin when assigning	1103
pupils to attendance schedules pursuant to this section.	1104

Sec. 3314.06.  The governing authority of each community	1105
school established under this chapter shall adopt admission	1106
procedures that specify the following:	1107

(A) That except as otherwise provided in this section,	1108
admission to the school shall be open to any individual age five	1109
to twenty-two entitled to attend school pursuant to section	1110
3313.64 or 3313.65 of the Revised Code in a school district in the	1111
state.	1112

(B)(1) That admission to the school may be limited to	1113
students who have attained a specific grade level or are within a	1114
specific age group; to students that meet a definition of	1115
"at-risk," as defined in the contract; to residents of a specific	1116
geographic area within the district, as defined in the contract;	1117
or to separate groups of autistic students and nonhandicapped	1118
students, as authorized in section 3314.061 of the Revised Code	1119
and as defined in the contract.	1120

(2) For purposes of division (B)(1) of this section,	1121
"at-risk" students may include those students identified as gifted	1122
students under section 3324.03 of the Revised Code.	1123

(C) Whether enrollment is limited to students who reside in	1124
the district in which the school is located or is open to	1125
residents of other districts, as provided in the policy adopted	1126
pursuant to the contract.	1127

(D)(1) That there will be no discrimination in the admission	1128
of students to the school on the basis of sexual orientation as	1129
defined in section 4112.01 of the Revised Code, race, creed,	1130
color, handicapping condition, or sex except that:	1131

(a) The governing authority may establish single-gender	1132
schools for the purpose described in division (G) of this section	1133
provided comparable facilities and learning opportunities are	1134
offered for both boys and girls. Such comparable facilities and	1135
opportunities may be offered for each sex at separate locations.	1136

(b) The governing authority may establish a school that	1137
simultaneously serves a group of students identified as autistic	1138
and a group of students who are not handicapped, as authorized in	1139
section 3314.061 of the Revised Code. However, unless the total	1140
capacity established for the school has been filled, no student	1141
with any handicap shall be denied admission on the basis of that	1142
handicap.	1143

(2) That upon admission of any handicapped student, the	1144
community school will comply with all federal and state laws	1145
regarding the education of handicapped students.	1146

(E) That the school may not limit admission to students on	1147
the basis of intellectual ability, measures of achievement or	1148
aptitude, or athletic ability, except that a school may limit its	1149
enrollment to students as described in division (B) of this	1150
section.	1151

(F) That the community school will admit the number of	1152
students that does not exceed the capacity of the school's	1153
programs, classes, grade levels, or facilities.	1154

(G) That the purpose of single-gender schools that are	1155
established shall be to take advantage of the academic benefits	1156
some students realize from single-gender instruction and	1157
facilities and to offer students and parents residing in the	1158
district the option of a single-gender education.	1159

(H) That, except as otherwise provided under division (B) of	1160
this section or section 3314.061 of the Revised Code, if the	1161
number of applicants exceeds the capacity restrictions of division	1162
(F) of this section, students shall be admitted by lot from all	1163
those submitting applications, except preference shall be given to	1164
students attending the school the previous year and to students	1165
who reside in the district in which the school is located.	1166
Preference may be given to siblings of students attending the	1167
school the previous year.	1168

Notwithstanding divisions (A) to (H) of this section, in the	1169
event the racial composition of the enrollment of the community	1170
school is violative of a federal desegregation order, the	1171
community school shall take any and all corrective measures to	1172
comply with the desegregation order.	1173

Sec. 3332.09.  The state board of career colleges and schools	1174
may limit, suspend, revoke, or refuse to issue or renew a	1175
certificate of registration or program authorization or may impose	1176
a penalty pursuant to section 3332.091 of the Revised Code for any	1177
one or combination of the following causes:	1178

(A) Violation of any provision of sections 3332.01 to 3332.09	1179
of the Revised Code, the board's minimum standards, or any rule	1180
made by the board;	1181

(B) Furnishing of false, misleading, deceptive, altered, or	1182
incomplete information or documents to the board;	1183

(C) The signing of an application or the holding of a	1184
certificate of registration by a person who has pleaded guilty or	1185
has been found guilty of a felony or has pleaded guilty or been	1186
found guilty of a crime involving moral turpitude;	1187

(D) The signing of an application or the holding of a	1188
certificate of registration by a person who is addicted to the use	1189
of any controlled substance, or who is found to be mentally	1190
incompetent;	1191

(E) Violation of any commitment made in an application for a	1192
certificate of registration or program authorization;	1193

(F) Presenting to prospective students, either at the time of	1194
solicitation or enrollment, or through advertising, mail	1195
circulars, or phone solicitation, misleading, deceptive, false, or	1196
fraudulent information relating to any program, employment	1197
opportunity, or opportunities for enrollment in accredited	1198
institutions of higher education after entering or completing	1199
programs offered by the holder of a certificate of registration;	1200

(G) Failure to provide or maintain premises or equipment for	1201
offering programs in a safe and sanitary condition;	1202

(H) Refusal by an agent to display the agent's permit upon	1203
demand of a prospective student or other interested person;	1204

(I) Failure to maintain financial resources adequate for the	1205
satisfactory conduct of programs as presented in the plan of	1206
operation or to retain a sufficient number and qualified staff of	1207
instruction, except that nothing in this chapter requires an	1208
instructor to be licensed by the state board of education or to	1209
hold any type of post-high school degree;	1210

(J) Offering training or programs other than those presented	1211
in the application, except that schools may offer special courses	1212
adapted to the needs of individual students when the special	1213
courses are in the subject field specified in the application;	1214

(K) Discrimination in the acceptance of students upon the	1215
basis of sexual orientation as defined in section 4112.01 of the	1216
Revised Code, race, color, religion, sex, or national origin;	1217

(L) Accepting the services of an agent not holding a valid	1218
permit issued under section 3332.10 or 3332.11 of the Revised	1219
Code;	1220

(M) The use of monetary or other valuable consideration by	1221
the school's agents or representatives to induce prospective	1222
students to enroll in the school, or the practice of awarding	1223
monetary or other valuable considerations without board approval	1224
to students in exchange for procuring the enrollment of others;	1225

(N) Failure to provide at the request of the board, any	1226
information, records, or files pertaining to the operation of the	1227
school or recruitment and enrollment of students.	1228

If the board modifies or adopts additional minimum standards	1229
or rules pursuant to section 3332.031 of the Revised Code, all	1230
schools and agents shall have sixty days from the effective date	1231
of the modifications or additional standards or rules to comply	1232
with such modifications or additions.	1233

Sec. 3721.13.  (A) The rights of residents of a home shall	1234
include, but are not limited to, the following:	1235

(1) The right to a safe and clean living environment pursuant	1236
to the medicare and medicaid programs and applicable state laws	1237
and regulations prescribed by the public health council;	1238

(2) The right to be free from physical, verbal, mental, and	1239
emotional abuse and to be treated at all times with courtesy,	1240
respect, and full recognition of dignity and individuality;	1241

(3) Upon admission and thereafter, the right to adequate and	1242
appropriate medical treatment and nursing care and to other	1243
ancillary services that comprise necessary and appropriate care	1244
consistent with the program for which the resident contracted.	1245
This care shall be provided without regard to considerations such	1246
as sexual orientation as defined in section 4112.01 of the Revised	1247
Code, race, color, religion, national origin, age, or source of	1248
payment for care.	1249

(4) The right to have all reasonable requests and inquiries	1250
responded to promptly;	1251

(5) The right to have clothes and bed sheets changed as the	1252
need arises, to ensure the resident's comfort or sanitation;	1253

(6) The right to obtain from the home, upon request, the name	1254
and any specialty of any physician or other person responsible for	1255
the resident's care or for the coordination of care;	1256

(7) The right, upon request, to be assigned, within the	1257
capacity of the home to make the assignment, to the staff	1258
physician of the resident's choice, and the right, in accordance	1259
with the rules and written policies and procedures of the home, to	1260
select as the attending physician a physician who is not on the	1261
staff of the home. If the cost of a physician's services is to be	1262
met under a federally supported program, the physician shall meet	1263
the federal laws and regulations governing such services.	1264

(8) The right to participate in decisions that affect the	1265
resident's life, including the right to communicate with the	1266
physician and employees of the home in planning the resident's	1267
treatment or care and to obtain from the attending physician	1268
complete and current information concerning medical condition,	1269
prognosis, and treatment plan, in terms the resident can	1270
reasonably be expected to understand; the right of access to all	1271
information in the resident's medical record; and the right to	1272
give or withhold informed consent for treatment after the	1273
consequences of that choice have been carefully explained. When	1274
the attending physician finds that it is not medically advisable	1275
to give the information to the resident, the information shall be	1276
made available to the resident's sponsor on the resident's behalf,	1277
if the sponsor has a legal interest or is authorized by the	1278
resident to receive the information. The home is not liable for a	1279
violation of this division if the violation is found to be the	1280
result of an act or omission on the part of a physician selected	1281
by the resident who is not otherwise affiliated with the home.	1282

(9) The right to withhold payment for physician visitation if	1283
the physician did not visit the resident;	1284

(10) The right to confidential treatment of personal and	1285
medical records, and the right to approve or refuse the release of	1286
these records to any individual outside the home, except in case	1287
of transfer to another home, hospital, or health care system, as	1288
required by law or rule, or as required by a third-party payment	1289
contract;	1290

(11) The right to privacy during medical examination or	1291
treatment and in the care of personal or bodily needs;	1292

(12) The right to refuse, without jeopardizing access to	1293
appropriate medical care, to serve as a medical research subject;	1294

(13) The right to be free from physical or chemical	1295
restraints or prolonged isolation except to the minimum extent	1296
necessary to protect the resident from injury to self, others, or	1297
to property and except as authorized in writing by the attending	1298
physician for a specified and limited period of time and	1299
documented in the resident's medical record. Prior to authorizing	1300
the use of a physical or chemical restraint on any resident, the	1301
attending physician shall make a personal examination of the	1302
resident and an individualized determination of the need to use	1303
the restraint on that resident.	1304

Physical or chemical restraints or isolation may be used in	1305
an emergency situation without authorization of the attending	1306
physician only to protect the resident from injury to self or	1307
others. Use of the physical or chemical restraints or isolation	1308
shall not be continued for more than twelve hours after the onset	1309
of the emergency without personal examination and authorization by	1310
the attending physician. The attending physician or a staff	1311
physician may authorize continued use of physical or chemical	1312
restraints for a period not to exceed thirty days, and at the end	1313
of this period and any subsequent period may extend the	1314
authorization for an additional period of not more than thirty	1315
days. The use of physical or chemical restraints shall not be	1316
continued without a personal examination of the resident and the	1317
written authorization of the attending physician stating the	1318
reasons for continuing the restraint.	1319

If physical or chemical restraints are used under this	1320
division, the home shall ensure that the restrained resident	1321
receives a proper diet. In no event shall physical or chemical	1322
restraints or isolation be used for punishment, incentive, or	1323
convenience.	1324

(14) The right to the pharmacist of the resident's choice and	1325
the right to receive pharmaceutical supplies and services at	1326
reasonable prices not exceeding applicable and normally accepted	1327
prices for comparably packaged pharmaceutical supplies and	1328
services within the community;	1329

(15) The right to exercise all civil rights, unless the	1330
resident has been adjudicated incompetent pursuant to Chapter	1331
2111. of the Revised Code and has not been restored to legal	1332
capacity, as well as the right to the cooperation of the home's	1333
administrator in making arrangements for the exercise of the right	1334
to vote;	1335

(16) The right of access to opportunities that enable the	1336
resident, at the resident's own expense or at the expense of a	1337
third-party payer, to achieve the resident's fullest potential,	1338
including educational, vocational, social, recreational, and	1339
habilitation programs;	1340

(17) The right to consume a reasonable amount of alcoholic	1341
beverages at the resident's own expense, unless not medically	1342
advisable as documented in the resident's medical record by the	1343
attending physician or unless contradictory to written admission	1344
policies;	1345

(18) The right to use tobacco at the resident's own expense	1346
under the home's safety rules and under applicable laws and rules	1347
of the state, unless not medically advisable as documented in the	1348
resident's medical record by the attending physician or unless	1349
contradictory to written admission policies;	1350

(19) The right to retire and rise in accordance with the	1351
resident's reasonable requests, if the resident does not disturb	1352
others or the posted meal schedules and upon the home's request	1353
remains in a supervised area, unless not medically advisable as	1354
documented by the attending physician;	1355

(20) The right to observe religious obligations and	1356
participate in religious activities; the right to maintain	1357
individual and cultural identity; and the right to meet with and	1358
participate in activities of social and community groups at the	1359
resident's or the group's initiative;	1360

(21) The right upon reasonable request to private and	1361
unrestricted communications with the resident's family, social	1362
worker, and any other person, unless not medically advisable as	1363
documented in the resident's medical record by the attending	1364
physician, except that communications with public officials or	1365
with the resident's attorney or physician shall not be restricted.	1366
Private and unrestricted communications shall include, but are not	1367
limited to, the right to:	1368

(a) Receive, send, and mail sealed, unopened correspondence;

1369

(b) Reasonable access to a telephone for private	1370
communications;	1371

(c) Private visits at any reasonable hour.

1372

(22) The right to assured privacy for visits by the spouse,	1373
or if both are residents of the same home, the right to share a	1374
room within the capacity of the home, unless not medically	1375
advisable as documented in the resident's medical record by the	1376
attending physician;	1377

(23) The right upon reasonable request to have room doors	1378
closed and to have them not opened without knocking, except in the	1379
case of an emergency or unless not medically advisable as	1380
documented in the resident's medical record by the attending	1381
physician;	1382

(24) The right to retain and use personal clothing and a	1383
reasonable amount of possessions, in a reasonably secure manner,	1384
unless to do so would infringe on the rights of other residents or	1385
would not be medically advisable as documented in the resident's	1386
medical record by the attending physician;	1387

(25) The right to be fully informed, prior to or at the time	1388
of admission and during the resident's stay, in writing, of the	1389
basic rate charged by the home, of services available in the home,	1390
and of any additional charges related to such services, including	1391
charges for services not covered under the medicare or medicaid	1392
program. The basic rate shall not be changed unless thirty days	1393
notice is given to the resident or, if the resident is unable to	1394
understand this information, to the resident's sponsor.	1395

(26) The right of the resident and person paying for the care	1396
to examine and receive a bill at least monthly for the resident's	1397
care from the home that itemizes charges not included in the basic	1398
rates;	1399

(27)(a) The right to be free from financial exploitation;

1400

(b) The right to manage the resident's own personal financial	1401
affairs, or, if the resident has delegated this responsibility in	1402
writing to the home, to receive upon written request at least a	1403
quarterly accounting statement of financial transactions made on	1404
the resident's behalf. The statement shall include:	1405

(i) A complete record of all funds, personal property, or	1406
possessions of a resident from any source whatsoever, that have	1407
been deposited for safekeeping with the home for use by the	1408
resident or the resident's sponsor;	1409

(ii) A listing of all deposits and withdrawals transacted,	1410
which shall be substantiated by receipts which shall be available	1411
for inspection and copying by the resident or sponsor.	1412

(28) The right of the resident to be allowed unrestricted	1413
access to the resident's property on deposit at reasonable hours,	1414
unless requests for access to property on deposit are so	1415
persistent, continuous, and unreasonable that they constitute a	1416
nuisance;	1417

(29) The right to receive reasonable notice before the	1418
resident's room or roommate is changed, including an explanation	1419
of the reason for either change.	1420

(30) The right not to be transferred or discharged from the	1421
home unless the transfer is necessary because of one of the	1422
following:	1423

(a) The welfare and needs of the resident cannot be met in	1424
the home.	1425

(b) The resident's health has improved sufficiently so that	1426
the resident no longer needs the services provided by the home.	1427

(c) The safety of individuals in the home is endangered.

1428

(d) The health of individuals in the home would otherwise be	1429
endangered.	1430

(e) The resident has failed, after reasonable and appropriate	1431
notice, to pay or to have the medicare or medicaid program pay on	1432
the resident's behalf, for the care provided by the home. A	1433
resident shall not be considered to have failed to have the	1434
resident's care paid for if the resident has applied for medicaid,	1435
unless both of the following are the case:	1436

(i) The resident's application, or a substantially similar	1437
previous application, has been denied by the county department of	1438
job and family services.	1439

(ii) If the resident appealed the denial pursuant to division	1440
(C) of section 5101.35 of the Revised Code, the director of job	1441
and family services has upheld the denial.	1442

(f) The home's license has been revoked, the home is being	1443
closed pursuant to section 3721.08, sections 5111.35 to 5111.62,	1444
or section 5155.31 of the Revised Code, or the home otherwise	1445
ceases to operate.	1446

(g) The resident is a recipient of medicaid, and the home's	1447
participation in the medicaid program is involuntarily terminated	1448
or denied.	1449

(h) The resident is a beneficiary under the medicare program,	1450
and the home's participation in the medicare program is	1451
involuntarily terminated or denied.	1452

(31) The right to voice grievances and recommend changes in	1453
policies and services to the home's staff, to employees of the	1454
department of health, or to other persons not associated with the	1455
operation of the home, of the resident's choice, free from	1456
restraint, interference, coercion, discrimination, or reprisal.	1457
This right includes access to a residents' rights advocate, and	1458
the right to be a member of, to be active in, and to associate	1459
with persons who are active in organizations of relatives and	1460
friends of nursing home residents and other organizations engaged	1461
in assisting residents.	1462

(32) The right to have any significant change in the	1463
resident's health status reported to the resident's sponsor. As	1464
soon as such a change is known to the home's staff, the home shall	1465
make a reasonable effort to notify the sponsor within twelve	1466
hours.	1467

(B) A sponsor may act on a resident's behalf to assure that	1468
the home does not deny the residents' rights under sections	1469
3721.10 to 3721.17 of the Revised Code.	1470

(C) Any attempted waiver of the rights listed in division (A)	1471
of this section is void.	1472

Sec. 3905.55.  (A) Except as provided in division (B) of this	1473
section, an agent may charge a consumer a fee if all of the	1474
following conditions are met:	1475

(1) The fee is disclosed to the consumer in a manner that	1476
separately identifies the fee and the premium.	1477

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

1478

(3) The fee is not refunded, forgiven, waived, offset, or	1479
reduced by any commission earned or received for any policy or	1480
coverage sold.	1481

(4) The amount of the fee, and the consumer's obligation to	1482
pay the fee, are not conditioned upon the occurrence of a future	1483
event or condition, such as the purchase, cancellation, lapse,	1484
declination, or nonrenewal of insurance.	1485

(5) The agent discloses to the consumer that the fee is being	1486
charged by the agent and not by the insurance company, that	1487
neither state law nor the insurance company requires the agent to	1488
charge the fee, and that the fee is not refundable.	1489

(6) The consumer consents to the fee.

1490

(7) The agent, in charging the fee, does not discriminate on	1491
the basis of sexual orientation as defined in section 4112.01 of	1492
the Revised Code, race, sex, national origin, religion,	1493
disability, health status, age, marital status, or geographic	1494
location, and does not unfairly discriminate between persons of	1495
essentially the same class and of essentially the same hazard or	1496
expectation of life.	1497

(B) A fee may not be charged for taking or submitting an	1498
initial application for coverage with any one insurer or different	1499
programs with the same insurer, or processing a change to an	1500
existing policy, a cancellation, a claim, or a renewal, in	1501
connection with any of the following personal lines policies:	1502

(1) Private passenger automobile;

1503

(2) Homeowners, including coverage for tenants or condominium	1504
owners, owner-occupied fire or dwelling property coverage,	1505
personal umbrella liability, or any other personal lines-related	1506
coverage whether sold as a separate policy or as an endorsement to	1507
another personal lines policy;	1508

(3) Individual life insurance;

1509

(4) Individual sickness or accident insurance;

1510

(5) Disability income policies;

1511

(6) Credit insurance products.

1512

(C) Notwithstanding any other provision of this section, an	1513
agent may charge a fee for agent services in connection with a	1514
policy issued on a no-commission basis, if the agent provides the	1515
consumer with prior disclosure of the fee and of the services to	1516
be provided.	1517

(D) In the event of a dispute between an agent and a consumer	1518
regarding any disclosure required by this section, the agent has	1519
the burden of proving that the disclosure was made.	1520

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

1521

(2) Whoever violates division (E)(1) of this section is	1522
deemed to have engaged in an unfair and deceptive act or practice	1523
in the business of insurance under sections 3901.19 to 3901.26 of	1524
the Revised Code.	1525

(F) This section does not apply with respect to any expense	1526
fee charged by a surety bail bond agent to cover the costs	1527
incurred by the surety bail bond agent in executing the bail bond.	1528

Sec. 4111.17.  (A) No employer, including the state and	1529
political subdivisions thereof, shall discriminate in the payment	1530
of wages on the basis of sexual orientation as defined in section	1531
4112.01 of the Revised Code, race, color, religion, sex, age,	1532
national origin, or ancestry by paying wages to any employee at a	1533
rate less than the rate at which the employer pays wages to	1534
another employee for equal work on jobs the performance of which	1535
requires equal skill, effort, and responsibility, and which are	1536
performed under similar conditions.	1537

(B) Nothing in this section prohibits an employer from paying	1538
wages to one employee at a rate different from that at which the	1539
employer pays another employee for the performance of equal work	1540
under similar conditions on jobs requiring equal skill, effort,	1541
and responsibility, when the payment is made pursuant to any of	1542
the following:	1543

(1) A seniority system;

1544

(2) A merit system;

1545

(3) A system which measures earnings by the quantity or	1546
quality of production;	1547

(4) A wage rate differential determined by any factor other	1548
than sexual orientation as defined in section 4112.01 of the	1549
Revised Code, race, color, religion, sex, age, national origin, or	1550
ancestry.	1551

(C) No employer shall reduce the wage rate of any employee in	1552
order to comply with this section.	1553

(D) The director of commerce shall carry out, administer, and	1554
enforce this section. Any employee discriminated against in	1555
violation of this section may sue in any court of competent	1556
jurisdiction to recover two times the amount of the difference	1557
between the wages actually received and the wages received by a	1558
person performing equal work for the employer, from the date of	1559
the commencement of the violation, and for costs, including	1560
attorney fees. The director may take an assignment of any such	1561
wage claim in trust for such employee and sue in the employee's	1562
behalf. In any civil action under this section, two or more	1563
employees of the same employer may join as co-plaintiffs in one	1564
action. The director may sue in one action for claims assigned to	1565
the director by two or more employees of the same employer. No	1566
agreement to work for a discriminatory wage constitutes a defense	1567
for any civil or criminal action to enforce this section. No	1568
employer shall discriminate against any employee because such	1569
employee makes a complaint or institutes, or testifies in, any	1570
proceeding under this section.	1571

(E) Any action arising under this section shall be initiated	1572
within one year after the date of violation.	1573

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

1574

(1) "Person" includes one or more individuals, partnerships,	1575
associations, organizations, corporations, legal representatives,	1576
trustees, trustees in bankruptcy, receivers, and other organized	1577
groups of persons. "Person" also includes, but is not limited to,	1578
any owner, lessor, assignor, builder, manager, broker,	1579
salesperson, appraiser, agent, employee, lending institution, and	1580
the state and all political subdivisions, authorities, agencies,	1581
boards, and commissions of the state.	1582

(2) "Employer" includes the state, any political subdivision	1583
of the state, any person employing four or more persons within the	1584
state, and any person acting directly or indirectly in the	1585
interest of an employer.	1586

(3) "Employee" means an individual employed by any employer	1587
but does not include any individual employed in the domestic	1588
service of any person.	1589

(4) "Labor organization" includes any organization that	1590
exists, in whole or in part, for the purpose of collective	1591
bargaining or of dealing with employers concerning grievances,	1592
terms or conditions of employment, or other mutual aid or	1593
protection in relation to employment.	1594

(5) "Employment agency" includes any person regularly	1595
undertaking, with or without compensation, to procure	1596
opportunities to work or to procure, recruit, refer, or place	1597
employees.	1598

(6) "Commission" means the Ohio civil rights commission	1599
created by section 4112.03 of the Revised Code.	1600

(7) "Discriminate" includes segregate or separate.

1601

(8) "Unlawful discriminatory practice" means any act	1602
prohibited by section 4112.02, 4112.021, or 4112.022 of the	1603
Revised Code.	1604

(9) "Place of public accommodation" means any inn,	1605
restaurant, eating house, barbershop, public conveyance by air,	1606
land, or water, theater, store, other place for the sale of	1607
merchandise, or any other place of public accommodation or	1608
amusement of which the accommodations, advantages, facilities, or	1609
privileges are available to the public.	1610

(10) "Housing accommodations" includes any building or	1611
structure, or portion of a building or structure, that is used or	1612
occupied or is intended, arranged, or designed to be used or	1613
occupied as the home residence, dwelling, dwelling unit, or	1614
sleeping place of one or more individuals, groups, or families	1615
whether or not living independently of each other; and any vacant	1616
land offered for sale or lease. "Housing accommodations" also	1617
includes any housing accommodations held or offered for sale or	1618
rent by a real estate broker, salesperson, or agent, by any other	1619
person pursuant to authorization of the owner, by the owner, or by	1620
the owner's legal representative.	1621

(11) "Restrictive covenant" means any specification limiting	1622
the transfer, rental, lease, or other use of any housing	1623
accommodations because of race, color, religion, sex, sexual	1624
orientation, familial status, national origin, disability, or	1625
ancestry, or any limitation based upon affiliation with or	1626
approval by any person, directly or indirectly, employing race,	1627
color, religion, sex, sexual orientation, familial status,	1628
national origin, disability, or ancestry as a condition of	1629
affiliation or approval.	1630

(12) "Burial lot" means any lot for the burial of deceased	1631
persons within any public burial ground or cemetery, including,	1632
but not limited to, cemeteries owned and operated by municipal	1633
corporations, townships, or companies or associations incorporated	1634
for cemetery purposes.	1635

(13) "Disability" means a physical or mental impairment that	1636
substantially limits one or more major life activities, including	1637
the functions of caring for one's self, performing manual tasks,	1638
walking, seeing, hearing, speaking, breathing, learning, and	1639
working; a record of a physical or mental impairment; or being	1640
regarded as having a physical or mental impairment.	1641

(14) Except as otherwise provided in section 4112.021 of the	1642
Revised Code, "age" means at least forty years old.	1643

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

1644

(a) One or more individuals who are under eighteen years of	1645
age and who are domiciled with a parent or guardian having legal	1646
custody of the individual or domiciled, with the written	1647
permission of the parent or guardian having legal custody, with a	1648
designee of the parent or guardian;	1649

(b) Any person who is pregnant or in the process of securing	1650
legal custody of any individual who is under eighteen years of	1651
age.	1652

(16)(a) Except as provided in division (A)(16)(b) of this	1653
section, "physical or mental impairment" includes any of the	1654
following:	1655

(i) Any physiological disorder or condition, cosmetic	1656
disfigurement, or anatomical loss affecting one or more of the	1657
following body systems: neurological; musculoskeletal; special	1658
sense organs; respiratory, including speech organs;	1659
cardiovascular; reproductive; digestive; genito-urinary; hemic and	1660
lymphatic; skin; and endocrine;	1661

(ii) Any mental or psychological disorder, including, but not	1662
limited to, mental retardation, organic brain syndrome, emotional	1663
or mental illness, and specific learning disabilities;	1664

(iii) Diseases and conditions, including, but not limited to,	1665
orthopedic, visual, speech, and hearing impairments, cerebral	1666
palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis,	1667
cancer, heart disease, diabetes, human immunodeficiency virus	1668
infection, mental retardation, emotional illness, drug addiction,	1669
and alcoholism.	1670

(b) "Physical or mental impairment" does not include any of	1671
the following:	1672

(i) Homosexuality and bisexuality;

1673

(ii) Transvestism, transsexualism, pedophilia, exhibitionism,	1674
voyeurism, gender identity disorders not resulting from physical	1675
impairments, or other sexual behavior disorders;	1676

(iii) Compulsive gambling, kleptomania, or pyromania;

1677

(iv) Psychoactive substance use disorders resulting from	1678
current illegal use of a controlled substance.	1679

(17) "Dwelling unit" means a single unit of residence for a	1680
family of one or more persons.	1681

(18) "Common use areas" means rooms, spaces, or elements	1682
inside or outside a building that are made available for the use	1683
of residents of the building or their guests, and includes, but is	1684
not limited to, hallways, lounges, lobbies, laundry rooms, refuse	1685
rooms, mail rooms, recreational areas, and passageways among and	1686
between buildings.	1687

(19) "Public use areas" means interior or exterior rooms or	1688
spaces of a privately or publicly owned building that are made	1689
available to the general public.	1690

(20) "Controlled substance" has the same meaning as in	1691
section 3719.01 of the Revised Code.	1692

(21) "Disabled tenant" means a tenant or prospective tenant	1693
who is a person with a disability.	1694

(22) "Sexual orientation" means heterosexuality,	1695
homosexuality, bisexuality, asexuality, or transgenderism, whether	1696
actual or perceived.	1697

(B) For the purposes of divisions (A) to (F) of section	1698
4112.02 of the Revised Code, the terms "because of sex" and "on	1699
the basis of sex" include, but are not limited to, because of or	1700
on the basis of pregnancy, any illness arising out of and	1701
occurring during the course of a pregnancy, childbirth, or related	1702
medical conditions. Women affected by pregnancy, childbirth, or	1703
related medical conditions shall be treated the same for all	1704
employment-related purposes, including receipt of benefits under	1705
fringe benefit programs, as other persons not so affected but	1706
similar in their ability or inability to work, and nothing in	1707
division (B) of section 4111.17 of the Revised Code shall be	1708
interpreted to permit otherwise. This division shall not be	1709
construed to require an employer to pay for health insurance	1710
benefits for abortion, except where the life of the mother would	1711
be endangered if the fetus were carried to term or except where	1712
medical complications have arisen from the abortion, provided that	1713
nothing in this division precludes an employer from providing	1714
abortion benefits or otherwise affects bargaining agreements in	1715
regard to abortion.	1716

Sec. 4112.02.  It shall be an unlawful discriminatory	1717
practice:	1718

(A) For any employer, because of the race, color, religion,	1719
sex, sexual orientation, national origin, disability, age, or	1720
ancestry of any person, to discharge without just cause, to refuse	1721
to hire, or otherwise to discriminate against that person with	1722
respect to hire, tenure, terms, conditions, or privileges of	1723
employment, or any matter directly or indirectly related to	1724
employment.	1725

(B) For an employment agency or personnel placement service,	1726
because of race, color, religion, sex, sexual orientation,	1727
national origin, disability, age, or ancestry, to do any of the	1728
following:	1729

(1) Refuse or fail to accept, register, classify properly, or	1730
refer for employment, or otherwise discriminate against any	1731
person;	1732

(2) Comply with a request from an employer for referral of	1733
applicants for employment if the request directly or indirectly	1734
indicates that the employer fails to comply with the provisions of	1735
sections 4112.01 to 4112.07 of the Revised Code.	1736

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

1737

(1) Limit or classify its membership on the basis of race,	1738
color, religion, sex, sexual orientation, national origin,	1739
disability, age, or ancestry;	1740

(2) Discriminate against, limit the employment opportunities	1741
of, or otherwise adversely affect the employment status, wages,	1742
hours, or employment conditions of any person as an employee	1743
because of race, color, religion, sex, sexual orientation,	1744
national origin, disability, age, or ancestry.	1745

(D) For any employer, labor organization, or joint	1746
labor-management committee controlling apprentice training	1747
programs to discriminate against any person because of race,	1748
color, religion, sex, sexual orientation, national origin,	1749
disability, or ancestry in admission to, or employment in, any	1750
program established to provide apprentice training.	1751

(E) Except where based on a bona fide occupational	1752
qualification certified in advance by the commission, for any	1753
employer, employment agency, personnel placement service, or labor	1754
organization, prior to employment or admission to membership, to	1755
do any of the following:	1756

(1) Elicit or attempt to elicit any information concerning	1757
the race, color, religion, sex, sexual orientation, national	1758
origin, disability, age, or ancestry of an applicant for	1759
employment or membership;	1760

(2) Make or keep a record of the race, color, religion, sex,	1761
sexual orientation, national origin, disability, age, or ancestry	1762
of any applicant for employment or membership;	1763

(3) Use any form of application for employment, or personnel	1764
or membership blank, seeking to elicit information regarding race,	1765
color, religion, sex, sexual orientation, national origin,	1766
disability, age, or ancestry; but an employer holding a contract	1767
containing a nondiscrimination clause with the government of the	1768
United States, or any department or agency of that government, may	1769
require an employee or applicant for employment to furnish	1770
documentary proof of United States citizenship and may retain that	1771
proof in the employer's personnel records and may use photographic	1772
or fingerprint identification for security purposes;	1773

(4) Print or publish or cause to be printed or published any	1774
notice or advertisement relating to employment or membership	1775
indicating any preference, limitation, specification, or	1776
discrimination, based upon race, color, religion, sex, sexual	1777
orientation, national origin, disability, age, or ancestry;	1778

(5) Announce or follow a policy of denying or limiting,	1779
through a quota system or otherwise, employment or membership	1780
opportunities of any group because of the race, color, religion,	1781
sex, sexual orientation, national origin, disability, age, or	1782
ancestry of that group;	1783

(6) Utilize in the recruitment or hiring of persons any	1784
employment agency, personnel placement service, training school or	1785
center, labor organization, or any other employee-referring source	1786
known to discriminate against persons because of their race,	1787
color, religion, sex, sexual orientation, national origin,	1788
disability, age, or ancestry.	1789

(F) For any person seeking employment to publish or cause to	1790
be published any advertisement that specifies or in any manner	1791
indicates that person's race, color, religion, sex, sexual	1792
orientation, national origin, disability, age, or ancestry, or	1793
expresses a limitation or preference as to the race, color,	1794
religion, sex, sexual orientation, national origin, disability,	1795
age, or ancestry of any prospective employer.	1796

(G) For any proprietor or any employee, keeper, or manager of	1797
a place of public accommodation to deny to any person, except for	1798
reasons applicable alike to all persons regardless of race, color,	1799
religion, sex, sexual orientation, national origin, disability,	1800
age, or ancestry, the full enjoyment of the accommodations,	1801
advantages, facilities, or privileges of the place of public	1802
accommodation.	1803

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

1804

(1) Refuse to sell, transfer, assign, rent, lease, sublease,	1805
or finance housing accommodations, refuse to negotiate for the	1806
sale or rental of housing accommodations, or otherwise deny or	1807
make unavailable housing accommodations because of race, color,	1808
religion, sex, sexual orientation, familial status, ancestry,	1809
disability, or national origin;	1810

(2) Represent to any person that housing accommodations are	1811
not available for inspection, sale, or rental, when in fact they	1812
are available, because of race, color, religion, sex, sexual	1813
orientation, familial status, ancestry, disability, or national	1814
origin;	1815

(3) Discriminate against any person in the making or	1816
purchasing of loans or the provision of other financial assistance	1817
for the acquisition, construction, rehabilitation, repair, or	1818
maintenance of housing accommodations, or any person in the making	1819
or purchasing of loans or the provision of other financial	1820
assistance that is secured by residential real estate, because of	1821
race, color, religion, sex, sexual orientation, familial status,	1822
ancestry, disability, or national origin or because of the racial	1823
composition of the neighborhood in which the housing	1824
accommodations are located, provided that the person, whether an	1825
individual, corporation, or association of any type, lends money	1826
as one of the principal aspects or incident to the person's	1827
principal business and not only as a part of the purchase price of	1828
an owner-occupied residence the person is selling nor merely	1829
casually or occasionally to a relative or friend;	1830

(4) Discriminate against any person in the terms or	1831
conditions of selling, transferring, assigning, renting, leasing,	1832
or subleasing any housing accommodations or in furnishing	1833
facilities, services, or privileges in connection with the	1834
ownership, occupancy, or use of any housing accommodations,	1835
including the sale of fire, extended coverage, or homeowners	1836
insurance, because of race, color, religion, sex, sexual	1837
orientation, familial status, ancestry, disability, or national	1838
origin or because of the racial composition of the neighborhood in	1839
which the housing accommodations are located;	1840

(5) Discriminate against any person in the terms or	1841
conditions of any loan of money, whether or not secured by	1842
mortgage or otherwise, for the acquisition, construction,	1843
rehabilitation, repair, or maintenance of housing accommodations	1844
because of race, color, religion, sex, sexual orientation,	1845
familial status, ancestry, disability, or national origin or	1846
because of the racial composition of the neighborhood in which the	1847
housing accommodations are located;	1848

(6) Refuse to consider without prejudice the combined income	1849
of both husband and wife for the purpose of extending mortgage	1850
credit to a married couple or either member of a married couple;	1851

(7) Print, publish, or circulate any statement or	1852
advertisement, or make or cause to be made any statement or	1853
advertisement, relating to the sale, transfer, assignment, rental,	1854
lease, sublease, or acquisition of any housing accommodations, or	1855
relating to the loan of money, whether or not secured by mortgage	1856
or otherwise, for the acquisition, construction, rehabilitation,	1857
repair, or maintenance of housing accommodations, that indicates	1858
any preference, limitation, specification, or discrimination based	1859
upon race, color, religion, sex, sexual orientation, familial	1860
status, ancestry, disability, or national origin, or an intention	1861
to make any such preference, limitation, specification, or	1862
discrimination;	1863

(8) Except as otherwise provided in division (H)(8) or (17)	1864
of this section, make any inquiry, elicit any information, make or	1865
keep any record, or use any form of application containing	1866
questions or entries concerning race, color, religion, sex, sexual	1867
orientation, familial status, ancestry, disability, or national	1868
origin in connection with the sale or lease of any housing	1869
accommodations or the loan of any money, whether or not secured by	1870
mortgage or otherwise, for the acquisition, construction,	1871
rehabilitation, repair, or maintenance of housing accommodations.	1872
Any person may make inquiries, and make and keep records,	1873
concerning race, color, religion, sex, sexual orientation,	1874
familial status, ancestry, disability, or national origin for the	1875
purpose of monitoring compliance with this chapter.	1876

(9) Include in any transfer, rental, or lease of housing	1877
accommodations any restrictive covenant, or honor or exercise, or	1878
attempt to honor or exercise, any restrictive covenant;	1879

(10) Induce or solicit, or attempt to induce or solicit, a	1880
housing accommodations listing, sale, or transaction by	1881
representing that a change has occurred or may occur with respect	1882
to the racial, religious, sexual, sexual orientation, familial	1883
status, or ethnic composition of the block, neighborhood, or other	1884
area in which the housing accommodations are located, or induce or	1885
solicit, or attempt to induce or solicit, a housing accommodations	1886
listing, sale, or transaction by representing that the presence or	1887
anticipated presence of persons of any race, color, religion, sex,	1888
sexual orientation, familial status, ancestry, disability, or	1889
national origin, in the block, neighborhood, or other area will or	1890
may have results including, but not limited to, the following:	1891

(a) The lowering of property values;

1892

(b) A change in the racial, religious, sexual, sexual	1893
orientation, familial status, or ethnic composition of the block,	1894
neighborhood, or other area;	1895

(c) An increase in criminal or antisocial behavior in the	1896
block, neighborhood, or other area;	1897

(d) A decline in the quality of the schools serving the	1898
block, neighborhood, or other area.	1899

(11) Deny any person access to or membership or participation	1900
in any multiple-listing service, real estate brokers'	1901
organization, or other service, organization, or facility relating	1902
to the business of selling or renting housing accommodations, or	1903
discriminate against any person in the terms or conditions of that	1904
access, membership, or participation, on account of race, color,	1905
religion, sex, sexual orientation, familial status, national	1906
origin, disability, or ancestry;	1907

(12) Coerce, intimidate, threaten, or interfere with any	1908
person in the exercise or enjoyment of, or on account of that	1909
person's having exercised or enjoyed or having aided or encouraged	1910
any other person in the exercise or enjoyment of, any right	1911
granted or protected by division (H) of this section;	1912

(13) Discourage or attempt to discourage the purchase by a	1913
prospective purchaser of housing accommodations, by representing	1914
that any block, neighborhood, or other area has undergone or might	1915
undergo a change with respect to its religious, racial, sexual,	1916
sexual orientation, familial status, or ethnic composition;	1917

(14) Refuse to sell, transfer, assign, rent, lease, sublease,	1918
or finance, or otherwise deny or withhold, a burial lot from any	1919
person because of the race, color, sex, sexual orientation,	1920
familial status, age, ancestry, disability, or national origin of	1921
any prospective owner or user of the lot;	1922

(15) Discriminate in the sale or rental of, or otherwise make	1923
unavailable or deny, housing accommodations to any buyer or renter	1924
because of a disability of any of the following:	1925

(a) The buyer or renter;

1926

(b) A person residing in or intending to reside in the	1927
housing accommodations after they are sold, rented, or made	1928
available;	1929

(c) Any individual associated with the person described in	1930
division (H)(15)(b) of this section.	1931

(16) Discriminate in the terms, conditions, or privileges of	1932
the sale or rental of housing accommodations to any person or in	1933
the provision of services or facilities to any person in	1934
connection with the housing accommodations because of a disability	1935
of any of the following:	1936

(a) That person;

1937

(b) A person residing in or intending to reside in the	1938
housing accommodations after they are sold, rented, or made	1939
available;	1940

(c) Any individual associated with the person described in	1941
division (H)(16)(b) of this section.	1942

(17) Except as otherwise provided in division (H)(17) of this	1943
section, make an inquiry to determine whether an applicant for the	1944
sale or rental of housing accommodations, a person residing in or	1945
intending to reside in the housing accommodations after they are	1946
sold, rented, or made available, or any individual associated with	1947
that person has a disability, or make an inquiry to determine the	1948
nature or severity of a disability of the applicant or such a	1949
person or individual. The following inquiries may be made of all	1950
applicants for the sale or rental of housing accommodations,	1951
regardless of whether they have disabilities:	1952

(a) An inquiry into an applicant's ability to meet the	1953
requirements of ownership or tenancy;	1954

(b) An inquiry to determine whether an applicant is qualified	1955
for housing accommodations available only to persons with	1956
disabilities or persons with a particular type of disability;	1957

(c) An inquiry to determine whether an applicant is qualified	1958
for a priority available to persons with disabilities or persons	1959
with a particular type of disability;	1960

(d) An inquiry to determine whether an applicant currently	1961
uses a controlled substance in violation of section 2925.11 of the	1962
Revised Code or a substantively comparable municipal ordinance;	1963

(e) An inquiry to determine whether an applicant at any time	1964
has been convicted of or pleaded guilty to any offense, an element	1965
of which is the illegal sale, offer to sell, cultivation,	1966
manufacture, other production, shipment, transportation, delivery,	1967
or other distribution of a controlled substance.	1968

(18)(a) Refuse to permit, at the expense of a person with a	1969
disability, reasonable modifications of existing housing	1970
accommodations that are occupied or to be occupied by the person	1971
with a disability, if the modifications may be necessary to afford	1972
the person with a disability full enjoyment of the housing	1973
accommodations. This division does not preclude a landlord of	1974
housing accommodations that are rented or to be rented to a	1975
disabled tenant from conditioning permission for a proposed	1976
modification upon the disabled tenant's doing one or more of the	1977
following:	1978

(i) Providing a reasonable description of the proposed	1979
modification and reasonable assurances that the proposed	1980
modification will be made in a workerlike manner and that any	1981
required building permits will be obtained prior to the	1982
commencement of the proposed modification;	1983

(ii) Agreeing to restore at the end of the tenancy the	1984
interior of the housing accommodations to the condition they were	1985
in prior to the proposed modification, but subject to reasonable	1986
wear and tear during the period of occupancy, if it is reasonable	1987
for the landlord to condition permission for the proposed	1988
modification upon the agreement;	1989

(iii) Paying into an interest-bearing escrow account that is	1990
in the landlord's name, over a reasonable period of time, a	1991
reasonable amount of money not to exceed the projected costs at	1992
the end of the tenancy of the restoration of the interior of the	1993
housing accommodations to the condition they were in prior to the	1994
proposed modification, but subject to reasonable wear and tear	1995
during the period of occupancy, if the landlord finds the account	1996
reasonably necessary to ensure the availability of funds for the	1997
restoration work. The interest earned in connection with an escrow	1998
account described in this division shall accrue to the benefit of	1999
the disabled tenant who makes payments into the account.	2000

(b) A landlord shall not condition permission for a proposed	2001
modification upon a disabled tenant's payment of a security	2002
deposit that exceeds the customarily required security deposit of	2003
all tenants of the particular housing accommodations.	2004

(19) Refuse to make reasonable accommodations in rules,	2005
policies, practices, or services when necessary to afford a person	2006
with a disability equal opportunity to use and enjoy a dwelling	2007
unit, including associated public and common use areas;	2008

(20) Fail to comply with the standards and rules adopted	2009
under division (A) of section 3781.111 of the Revised Code;	2010

(21) Discriminate against any person in the selling,	2011
brokering, or appraising of real property because of race, color,	2012
religion, sex, sexual orientation, familial status, ancestry,	2013
disability, or national origin;	2014

(22) Fail to design and construct covered multifamily	2015
dwellings for first occupancy on or after June 30, 1992, in	2016
accordance with the following conditions:	2017

(a) The dwellings shall have at least one building entrance	2018
on an accessible route, unless it is impractical to do so because	2019
of the terrain or unusual characteristics of the site.	2020

(b) With respect to dwellings that have a building entrance	2021
on an accessible route, all of the following apply:	2022

(i) The public use areas and common use areas of the	2023
dwellings shall be readily accessible to and usable by persons	2024
with a disability.	2025

(ii) All the doors designed to allow passage into and within	2026
all premises shall be sufficiently wide to allow passage by	2027
persons with a disability who are in wheelchairs.	2028

(iii) All premises within covered multifamily dwelling units	2029
shall contain an accessible route into and through the dwelling;	2030
all light switches, electrical outlets, thermostats, and other	2031
environmental controls within such units shall be in accessible	2032
locations; the bathroom walls within such units shall contain	2033
reinforcements to allow later installation of grab bars; and the	2034
kitchens and bathrooms within such units shall be designed and	2035
constructed in a manner that enables an individual in a wheelchair	2036
to maneuver about such rooms.	2037

For purposes of division (H)(22) of this section, "covered	2038
multifamily dwellings" means buildings consisting of four or more	2039
units if such buildings have one or more elevators and ground	2040
floor units in other buildings consisting of four or more units.	2041

(I) For any person to discriminate in any manner against any	2042
other person because that person has opposed any unlawful	2043
discriminatory practice defined in this section or because that	2044
person has made a charge, testified, assisted, or participated in	2045
any manner in any investigation, proceeding, or hearing under	2046
sections 4112.01 to 4112.07 of the Revised Code.	2047

(J) For any person to aid, abet, incite, compel, or coerce	2048
the doing of any act declared by this section to be an unlawful	2049
discriminatory practice, to obstruct or prevent any person from	2050
complying with this chapter or any order issued under it, or to	2051
attempt directly or indirectly to commit any act declared by this	2052
section to be an unlawful discriminatory practice.	2053

(K)(1) Nothing in division (H) of this section shall bar any	2054
religious or denominational institution or organization, or any	2055
nonprofit charitable or educational organization that is operated,	2056
supervised, or controlled by or in connection with a religious	2057
organization, from limiting the sale, rental, or occupancy of	2058
housing accommodations that it owns or operates for other than a	2059
commercial purpose to persons of the same religion, or from giving	2060
preference in the sale, rental, or occupancy of such housing	2061
accommodations to persons of the same religion, unless membership	2062
in the religion is restricted on account of race, color, or	2063
national origin.	2064

(2) Nothing in division (H) of this section shall bar any	2065
bona fide private or fraternal organization that, incidental to	2066
its primary purpose, owns or operates lodgings for other than a	2067
commercial purpose, from limiting the rental or occupancy of the	2068
lodgings to its members or from giving preference to its members.	2069

(3) Nothing in division (H) of this section limits the	2070
applicability of any reasonable local, state, or federal	2071
restrictions regarding the maximum number of occupants permitted	2072
to occupy housing accommodations. Nothing in that division	2073
prohibits the owners or managers of housing accommodations from	2074
implementing reasonable occupancy standards based on the number	2075
and size of sleeping areas or bedrooms and the overall size of a	2076
dwelling unit, provided that the standards are not implemented to	2077
circumvent the purposes of this chapter and are formulated,	2078
implemented, and interpreted in a manner consistent with this	2079
chapter and any applicable local, state, or federal restrictions	2080
regarding the maximum number of occupants permitted to occupy	2081
housing accommodations.	2082

(4) Nothing in division (H) of this section requires that	2083
housing accommodations be made available to an individual whose	2084
tenancy would constitute a direct threat to the health or safety	2085
of other individuals or whose tenancy would result in substantial	2086
physical damage to the property of others.	2087

(5) Nothing in division (H) of this section pertaining to	2088
discrimination on the basis of familial status shall be construed	2089
to apply to any of the following:	2090

(a) Housing accommodations provided under any state or	2091
federal program that have been determined under the "Fair Housing	2092
Amendments Act of 1988," 102 Stat. 1623, 42 U.S.C.A. 3607, as	2093
amended, to be specifically designed and operated to assist	2094
elderly persons;	2095

(b) Housing accommodations intended for and solely occupied	2096
by persons who are sixty-two years of age or older;	2097

(c) Housing accommodations intended and operated for	2098
occupancy by at least one person who is fifty-five years of age or	2099
older per unit, as determined under the "Fair Housing Amendments	2100
Act of 1988," 102 Stat. 1623, 42 U.S.C.A. 3607, as amended.	2101

(L) Nothing in divisions (A) to (E) of this section shall be	2102
construed to require a person with a disability to be employed or	2103
trained under circumstances that would significantly increase the	2104
occupational hazards affecting either the person with a	2105
disability, other employees, the general public, or the facilities	2106
in which the work is to be performed, or to require the employment	2107
or training of a person with a disability in a job that requires	2108
the person with a disability routinely to undertake any task, the	2109
performance of which is substantially and inherently impaired by	2110
the person's disability.	2111

(M) Nothing in divisions (H)(1) to (18) of this section shall	2112
be construed to require any person selling or renting property to	2113
modify the property in any way or to exercise a higher degree of	2114
care for a person with a disability, to relieve any person with a	2115
disability of any obligation generally imposed on all persons	2116
regardless of disability in a written lease, rental agreement, or	2117
contract of purchase or sale, or to forbid distinctions based on	2118
the inability to fulfill the terms and conditions, including	2119
financial obligations, of the lease, agreement, or contract.	2120

(N) An aggrieved individual may enforce the individual's	2121
rights relative to discrimination on the basis of age as provided	2122
for in this section by instituting a civil action, within one	2123
hundred eighty days after the alleged unlawful discriminatory	2124
practice occurred, in any court with jurisdiction for any legal or	2125
equitable relief that will effectuate the individual's rights.	2126

A person who files a civil action under this division is	2127
barred, with respect to the practices complained of, from	2128
instituting a civil action under section 4112.14 of the Revised	2129
Code and from filing a charge with the commission under section	2130
4112.05 of the Revised Code.	2131

(O) With regard to age, it shall not be an unlawful	2132
discriminatory practice and it shall not constitute a violation of	2133
division (A) of section 4112.14 of the Revised Code for any	2134
employer, employment agency, joint labor-management committee	2135
controlling apprenticeship training programs, or labor	2136
organization to do any of the following:	2137

(1) Establish bona fide employment qualifications reasonably	2138
related to the particular business or occupation that may include	2139
standards for skill, aptitude, physical capability, intelligence,	2140
education, maturation, and experience;	2141

(2) Observe the terms of a bona fide seniority system or any	2142
bona fide employee benefit plan, including, but not limited to, a	2143
retirement, pension, or insurance plan, that is not a subterfuge	2144
to evade the purposes of this section. However, no such employee	2145
benefit plan shall excuse the failure to hire any individual, and	2146
no such seniority system or employee benefit plan shall require or	2147
permit the involuntary retirement of any individual, because of	2148
the individual's age except as provided for in the "Age	2149
Discrimination in Employment Act Amendment of 1978," 92 Stat. 189,	2150
29 U.S.C.A. 623, as amended by the "Age Discrimination in	2151
Employment Act Amendments of 1986," 100 Stat. 3342, 29 U.S.C.A.	2152
623, as amended.	2153

(3) Retire an employee who has attained sixty-five years of	2154
age who, for the two-year period immediately before retirement, is	2155
employed in a bona fide executive or a high policymaking position,	2156
if the employee is entitled to an immediate nonforfeitable annual	2157
retirement benefit from a pension, profit-sharing, savings, or	2158
deferred compensation plan, or any combination of those plans, of	2159
the employer of the employee, which equals, in the aggregate, at	2160
least forty-four thousand dollars, in accordance with the	2161
conditions of the "Age Discrimination in Employment Act Amendment	2162
of 1978," 92 Stat. 189, 29 U.S.C.A. 631, as amended by the "Age	2163
Discrimination in Employment Act Amendments of 1986," 100 Stat.	2164
3342, 29 U.S.C.A. 631, as amended;	2165

(4) Observe the terms of any bona fide apprenticeship program	2166
if the program is registered with the Ohio apprenticeship council	2167
pursuant to sections 4139.01 to 4139.06 of the Revised Code and is	2168
approved by the federal committee on apprenticeship of the United	2169
States department of labor.	2170

(P) Nothing in this chapter prohibiting age discrimination	2171
and nothing in division (A) of section 4112.14 of the Revised Code	2172
shall be construed to prohibit the following:	2173

(1) The designation of uniform age the attainment of which is	2174
necessary for public employees to receive pension or other	2175
retirement benefits pursuant to Chapter 145., 742., 3307., 3309.,	2176
or 5505. of the Revised Code;	2177

(2) The mandatory retirement of uniformed patrol officers of	2178
the state highway patrol as provided in section 5505.16 of the	2179
Revised Code;	2180

(3) The maximum age requirements for appointment as a patrol	2181
officer in the state highway patrol established by section 5503.01	2182
of the Revised Code;	2183

(4) The maximum age requirements established for original	2184
appointment to a police department or fire department in sections	2185
124.41 and 124.42 of the Revised Code;	2186

(5) Any maximum age not in conflict with federal law that may	2187
be established by a municipal charter, municipal ordinance, or	2188
resolution of a board of township trustees for original	2189
appointment as a police officer or firefighter;	2190

(6) Any mandatory retirement provision not in conflict with	2191
federal law of a municipal charter, municipal ordinance, or	2192
resolution of a board of township trustees pertaining to police	2193
officers and firefighters;	2194

(7) Until January 1, 1994, the mandatory retirement of any	2195
employee who has attained seventy years of age and who is serving	2196
under a contract of unlimited tenure, or similar arrangement	2197
providing for unlimited tenure, at an institution of higher	2198
education as defined in the "Education Amendments of 1980," 94	2199
Stat. 1503, 20 U.S.C.A. 1141(a).	2200

(Q)(1)(a) Except as provided in division (Q)(1)(b) of this	2201
section, for purposes of divisions (A) to (E) of this section, a	2202
disability does not include any physiological disorder or	2203
condition, mental or psychological disorder, or disease or	2204
condition caused by an illegal use of any controlled substance by	2205
an employee, applicant, or other person, if an employer,	2206
employment agency, personnel placement service, labor	2207
organization, or joint labor-management committee acts on the	2208
basis of that illegal use.	2209

(b) Division (Q)(1)(a) of this section does not apply to an	2210
employee, applicant, or other person who satisfies any of the	2211
following:	2212

(i) The employee, applicant, or other person has successfully	2213
completed a supervised drug rehabilitation program and no longer	2214
is engaging in the illegal use of any controlled substance, or the	2215
employee, applicant, or other person otherwise successfully has	2216
been rehabilitated and no longer is engaging in that illegal use.	2217

(ii) The employee, applicant, or other person is	2218
participating in a supervised drug rehabilitation program and no	2219
longer is engaging in the illegal use of any controlled substance.	2220

(iii) The employee, applicant, or other person is erroneously	2221
regarded as engaging in the illegal use of any controlled	2222
substance, but the employee, applicant, or other person is not	2223
engaging in that illegal use.	2224

(2) Divisions (A) to (E) of this section do not prohibit an	2225
employer, employment agency, personnel placement service, labor	2226
organization, or joint labor-management committee from doing any	2227
of the following:	2228

(a) Adopting or administering reasonable policies or	2229
procedures, including, but not limited to, testing for the illegal	2230
use of any controlled substance, that are designed to ensure that	2231
an individual described in division (Q)(1)(b)(i) or (ii) of this	2232
section no longer is engaging in the illegal use of any controlled	2233
substance;	2234

(b) Prohibiting the illegal use of controlled substances and	2235
the use of alcohol at the workplace by all employees;	2236

(c) Requiring that employees not be under the influence of	2237
alcohol or not be engaged in the illegal use of any controlled	2238
substance at the workplace;	2239

(d) Requiring that employees behave in conformance with the	2240
requirements established under "The Drug-Free Workplace Act of	2241
1988," 102 Stat. 4304, 41 U.S.C.A. 701, as amended;	2242

(e) Holding an employee who engages in the illegal use of any	2243
controlled substance or who is an alcoholic to the same	2244
qualification standards for employment or job performance, and the	2245
same behavior, to which the employer, employment agency, personnel	2246
placement service, labor organization, or joint labor-management	2247
committee holds other employees, even if any unsatisfactory	2248
performance or behavior is related to an employee's illegal use of	2249
a controlled substance or alcoholism;	2250

(f) Exercising other authority recognized in the "Americans	2251
with Disabilities Act of 1990," 104 Stat. 327, 42 U.S.C.A. 12101,	2252
as amended, including, but not limited to, requiring employees to	2253
comply with any applicable federal standards.	2254

(3) For purposes of this chapter, a test to determine the	2255
illegal use of any controlled substance does not include a medical	2256
examination.	2257

(4) Division (Q) of this section does not encourage,	2258
prohibit, or authorize, and shall not be construed as encouraging,	2259
prohibiting, or authorizing, the conduct of testing for the	2260
illegal use of any controlled substance by employees, applicants,	2261
or other persons, or the making of employment decisions based on	2262
the results of that type of testing.	2263

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

2264

(1) "Credit" means the right granted by a creditor to a	2265
person to defer payment of a debt, to incur debt and defer its	2266
payment, or to purchase property or services and defer payment for	2267
the property or services.	2268

(2) "Creditor" means any person who regularly extends,	2269
renews, or continues credit, any person who regularly arranges for	2270
the extension, renewal, or continuation of credit, or any assignee	2271
of an original creditor who participates in the decision to	2272
extend, renew, or continue credit, whether or not any interest or	2273
finance charge is required.	2274

(3) "Credit reporting agency" means any person who, for	2275
monetary fees or dues or on a cooperative nonprofit basis,	2276
regularly assembles or evaluates credit information for the	2277
purpose of furnishing credit reports to creditors.	2278

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

2279

(B) It shall be an unlawful discriminatory practice:

2280

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

2281

(a) Discriminate against any applicant for credit in the	2282
granting, withholding, extending, or renewing of credit, or in the	2283
fixing of the rates, terms, or conditions of any form of credit,	2284
on the basis of race, color, religion, age, sex, sexual	2285
orientation, marital status, national origin, disability, or	2286
ancestry, except that this division shall not apply with respect	2287
to age in any real estate transaction between a financial	2288
institution, a dealer in intangibles, or an insurance company as	2289
defined in section 5725.01 of the Revised Code and its customers;	2290

(b) Use or make any inquiry as to race, color, religion, age,	2291
sex, sexual orientation, marital status, national origin,	2292
disability, or ancestry for the purpose of limiting or specifying	2293
those persons to whom credit will be granted, except that an	2294
inquiry of marital status does not constitute discrimination for	2295
the purposes of this section if the inquiry is made for the	2296
purpose of ascertaining the creditor's rights and remedies	2297
applicable to the particular extension of credit, and except that	2298
creditors are excepted from this division with respect to any	2299
inquiry, elicitation of information, record, or form of	2300
application required of a particular creditor by any	2301
instrumentality or agency of the United States, or required of a	2302
particular creditor by any agency or instrumentality to enforce	2303
the "Civil Rights Act of 1968," 82 Stat. 84, 85, 42 U.S.C.A.	2304
3608(c);	2305

(c) Refuse to consider the sources of income of an applicant	2306
for credit, or disregard or ignore the income of an applicant, in	2307
whole or in part, on the basis of race, color, religion, age, sex,	2308
sexual orientation, marital status, disability, national origin,	2309
or ancestry;	2310

(d) Refuse to grant credit to an individual in any name that	2311
individual customarily uses, if it has been determined in the	2312
normal course of business that the creditor will grant credit to	2313
the individual;	2314

(e) Impose any special requirements or conditions, including,	2315
but not limited to, a requirement for co-obligors or	2316
reapplication, upon any applicant or class of applicants on the	2317
basis of race, color, religion, age, sex, sexual orientation,	2318
marital status, national origin, disability, or ancestry in	2319
circumstances where similar requirements or conditions are not	2320
imposed on other applicants similarly situated, unless the special	2321
requirements or conditions that are imposed with respect to age	2322
are the result of a real estate transaction exempted under	2323
division (B)(1)(a) of this section or are the result of programs	2324
that grant preferences to certain age groups administered by	2325
instrumentalities or agencies of the United States, a state, or a	2326
political subdivision of a state;	2327

(f) Fail or refuse to provide an applicant for credit a	2328
written statement of the specific reasons for rejection of the	2329
application if requested in writing by the applicant within sixty	2330
days of the rejection. The creditor shall provide the written	2331
statement of the specific reason for rejection within thirty days	2332
after receipt of a request of that nature. For purposes of this	2333
section, a statement that the applicant was rejected solely on the	2334
basis of information received from a credit reporting agency or	2335
because the applicant failed to meet the standards required by the	2336
creditor's credit scoring system, uniformly applied, shall	2337
constitute a specific reason for rejection.	2338

(g) Fail or refuse to print on or firmly attach to each	2339
application for credit, in a type size no smaller than that used	2340
throughout most of the application form, the following notice:	2341
"The Ohio laws against discrimination require that all creditors	2342
make credit equally available to all credit worthy customers, and	2343
that credit reporting agencies maintain separate credit histories	2344
on each individual upon request. The Ohio civil rights commission	2345
administers compliance with this law." This notice is not required	2346
to be included in applications that have a multi-state	2347
distribution if the notice is mailed to the applicant with the	2348
notice of acceptance or rejection of the application.	2349

(h) Fail or refuse on the basis of race, color, religion,	2350
age, sex, sexual orientation, marital status, national origin,	2351
disability, or ancestry to maintain, upon the request of the	2352
individual, a separate account for each individual to whom credit	2353
is extended;	2354

(i) Fail or refuse on the basis of race, color, religion,	2355
age, sex, sexual orientation, marital status, national origin,	2356
disability, or ancestry to maintain records on any account	2357
established after November 1, 1976, to furnish information on the	2358
accounts to credit reporting agencies in a manner that clearly	2359
designates the contractual liability for repayment as indicated on	2360
the application for the account, and, if more than one individual	2361
is contractually liable for repayment, to maintain records and	2362
furnish information in the name of each individual. This division	2363
does not apply to individuals who are contractually liable only if	2364
the primary party defaults on the account.	2365

(2) For any credit reporting agency to do any of the	2366
following:	2367

(a) Fail or refuse on the basis of race, color, religion,	2368
age, sex, sexual orientation, marital status, national origin,	2369
disability, or ancestry to maintain, upon the request of the	2370
individual, a separate file on each individual about whom	2371
information is assembled or evaluated;	2372

(b) Fail or refuse on the basis of race, color, religion,	2373
age, sex, sexual orientation, marital status, national origin,	2374
disability, or ancestry to clearly note, maintain, and report any	2375
information furnished it under division (B)(1)(i) of this section.	2376

(C) This section does not prohibit a creditor from requesting	2377
the signature of both spouses to create a valid lien, pass clear	2378
title, or waive inchoate rights to property.	2379

(D) The rights granted by this section may be enforced by	2380
aggrieved individuals by filing a civil action in a court of	2381
common pleas within one hundred eighty days after the alleged	2382
unlawful discriminatory practice occurred. Upon application by the	2383
plaintiff and in circumstances that the court considers just, the	2384
court in which a civil action under this section is brought may	2385
appoint an attorney for the plaintiff and may authorize the	2386
commencement of a civil action upon proper showing without the	2387
payment of costs. If the court finds that an unlawful	2388
discriminatory practice prohibited by this section occurred or is	2389
about to occur, the court may grant relief that it considers	2390
appropriate, including a permanent or temporary injunction,	2391
temporary restraining order, or other order, and may award to the	2392
plaintiff compensatory and punitive damages of not less than one	2393
hundred dollars, together with attorney's fees and court costs.	2394

(E) Nothing contained in this section shall bar a creditor	2395
from reviewing an application for credit on the basis of	2396
established criteria used in the normal course of business for the	2397
determination of the credit worthiness of the individual applicant	2398
for credit, including the credit history of the applicant.	2399

Sec. 4112.04.  (A) The commission shall do all of the	2400
following:	2401

(1) Establish and maintain a principal office in the city of	2402
Columbus and any other offices within the state that it considers	2403
necessary;	2404

(2) Appoint an executive director who shall serve at the	2405
pleasure of the commission and be its principal administrative	2406
officer. The executive director shall be paid a salary fixed	2407
pursuant to Chapter 124. of the Revised Code.	2408

(3) Appoint hearing examiners and other employees and agents	2409
who it considers necessary and prescribe their duties subject to	2410
Chapter 124. of the Revised Code;	2411

(4) Adopt, promulgate, amend, and rescind rules to effectuate	2412
the provisions of this chapter and the policies and practice of	2413
the commission in connection with this chapter;	2414

(5) Formulate policies to effectuate the purposes of this	2415
chapter and make recommendations to agencies and officers of the	2416
state or political subdivisions to effectuate the policies;	2417

(6) Receive, investigate, and pass upon written charges made	2418
under oath of unlawful discriminatory practices;	2419

(7) Make periodic surveys of the existence and effect of	2420
discrimination because of race, color, religion, sex, sexual	2421
orientation, familial status, national origin, disability, age, or	2422
ancestry on the enjoyment of civil rights by persons within the	2423
state;	2424

(8) Report, from time to time, but not less than once a year,	2425
to the general assembly and the governor, describing in detail the	2426
investigations, proceedings, and hearings it has conducted and	2427
their outcome, the decisions it has rendered, and the other work	2428
performed by it, which report shall include a copy of any surveys	2429
prepared pursuant to division (A)(7) of this section and shall	2430
include the recommendations of the commission as to legislative or	2431
other remedial action;	2432

(9) Prepare a comprehensive educational program, in	2433
cooperation with the department of education, for the students of	2434
the public schools of this state and for all other residents of	2435
this state that is designed to eliminate prejudice on the basis of	2436
race, color, religion, sex, sexual orientation, familial status,	2437
national origin, disability, age, or ancestry in this state, to	2438
further good will among those groups, and to emphasize the origin	2439
of prejudice against those groups, its harmful effects, and its	2440
incompatibility with American principles of equality and fair	2441
play;	2442

(10) Receive progress reports from agencies,	2443
instrumentalities, institutions, boards, commissions, and other	2444
entities of this state or any of its political subdivisions and	2445
their agencies, instrumentalities, institutions, boards,	2446
commissions, and other entities regarding affirmative action	2447
programs for the employment of persons against whom discrimination	2448
is prohibited by this chapter, or regarding any affirmative	2449
housing accommodations programs developed to eliminate or reduce	2450
an imbalance of race, color, religion, sex, sexual orientation,	2451
familial status, national origin, disability, or ancestry. All	2452
agencies, instrumentalities, institutions, boards, commissions,	2453
and other entities of this state or its political subdivisions,	2454
and all political subdivisions, that have undertaken affirmative	2455
action programs pursuant to a conciliation agreement with the	2456
commission, an executive order of the governor, any federal	2457
statute or rule, or an executive order of the president of the	2458
United States shall file progress reports with the commission	2459
annually on or before the first day of November. The commission	2460
shall analyze and evaluate the progress reports and report its	2461
findings annually to the general assembly on or before the	2462
thirtieth day of January of the year immediately following the	2463
receipt of the reports.	2464

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

2465

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

2466

(2) Initiate and undertake on its own motion investigations	2467
of problems of employment or housing accommodations	2468
discrimination;	2469

(3) Hold hearings, subpoena witnesses, compel their	2470
attendance, administer oaths, take the testimony of any person	2471
under oath, require the production for examination of any books	2472
and papers relating to any matter under investigation or in	2473
question before the commission, and make rules as to the issuance	2474
of subpoenas by individual commissioners.	2475

(a) In conducting a hearing or investigation, the commission	2476
shall have access at all reasonable times to premises, records,	2477
documents, individuals, and other evidence or possible sources of	2478
evidence and may examine, record, and copy the premises, records,	2479
documents, and other evidence or possible sources of evidence and	2480
take and record the testimony or statements of the individuals as	2481
reasonably necessary for the furtherance of the hearing or	2482
investigation. In investigations, the commission shall comply with	2483
the fourth amendment to the United States Constitution relating to	2484
unreasonable searches and seizures. The commission or a member of	2485
the commission may issue subpoenas to compel access to or the	2486
production of premises, records, documents, and other evidence or	2487
possible sources of evidence or the appearance of individuals, and	2488
may issue interrogatories to a respondent, to the same extent and	2489
subject to the same limitations as would apply if the subpoenas or	2490
interrogatories were issued or served in aid of a civil action in	2491
a court of common pleas.	2492

(b) Upon written application by a respondent, the commission	2493
shall issue subpoenas in its name to the same extent and subject	2494
to the same limitations as subpoenas issued by the commission.	2495
Subpoenas issued at the request of a respondent shall show on	2496
their face the name and address of the respondent and shall state	2497
that they were issued at the respondent's request.	2498

(c) Witnesses summoned by subpoena of the commission are	2499
entitled to the same witness and mileage fees as are witnesses in	2500
proceedings in a court of common pleas.	2501

(d) Within five days after service of a subpoena upon any	2502
person, the person may petition the commission to revoke or modify	2503
the subpoena. The commission shall grant the petition if it finds	2504
that the subpoena requires an appearance or attendance at an	2505
unreasonable time or place, that it requires production of	2506
evidence that does not relate to any matter before the commission,	2507
that it does not describe with sufficient particularity the	2508
evidence to be produced, that compliance would be unduly onerous,	2509
or for other good reason.	2510

(e) In case of contumacy or refusal to obey a subpoena, the	2511
commission or person at whose request it was issued may petition	2512
for its enforcement in the court of common pleas in the county in	2513
which the person to whom the subpoena was addressed resides, was	2514
served, or transacts business.	2515

(4) Create local or statewide advisory agencies and	2516
conciliation councils to aid in effectuating the purposes of this	2517
chapter. The commission may itself, or it may empower these	2518
agencies and councils to, do either or both of the following:	2519

(a) Study the problems of discrimination in all or specific	2520
fields of human relationships when based on race, color, religion,	2521
sex, sexual orientation, familial status, national origin,	2522
disability, age, or ancestry;	2523

(b) Foster through community effort, or otherwise, good will	2524
among the groups and elements of the population of the state.	2525

The agencies and councils may make recommendations to the	2526
commission for the development of policies and procedures in	2527
general. They shall be composed of representative citizens who	2528
shall serve without pay, except that reimbursement for actual and	2529
necessary traveling expenses shall be made to citizens who serve	2530
on a statewide agency or council.	2531

(5) Issue any publications and the results of investigations	2532
and research that in its judgment will tend to promote good will	2533
and minimize or eliminate discrimination because of race, color,	2534
religion, sex, sexual orientation, familial status, national	2535
origin, disability, age, or ancestry.	2536

Sec. 4112.05.  (A) The commission, as provided in this	2537
section, shall prevent any person from engaging in unlawful	2538
discriminatory practices, provided that, before instituting the	2539
formal hearing authorized by division (B) of this section, it	2540
shall attempt, by informal methods of conference, conciliation,	2541
and persuasion, to induce compliance with this chapter.	2542

(B)(1) Any person may file a charge with the commission	2543
alleging that another person has engaged or is engaging in an	2544
unlawful discriminatory practice. In the case of a charge alleging	2545
an unlawful discriminatory practice described in division (A),	2546
(B), (C), (D), (E), (F), (G), (I), or (J) of section 4112.02 or in	2547
section 4112.021 or 4112.022 of the Revised Code, the charge shall	2548
be in writing and under oath and shall be filed with the	2549
commission within six months after the alleged unlawful	2550
discriminatory practice was committed. In the case of a charge	2551
alleging an unlawful discriminatory practice described in division	2552
(H) of section 4112.02 of the Revised Code, the charge shall be in	2553
writing and under oath and shall be filed with the commission	2554
within one year after the alleged unlawful discriminatory practice	2555
was committed.	2556

(2) Upon receiving a charge, the commission may initiate a	2557
preliminary investigation to determine whether it is probable that	2558
an unlawful discriminatory practice has been or is being engaged	2559
in. The commission also may conduct, upon its own initiative and	2560
independent of the filing of any charges, a preliminary	2561
investigation relating to any of the unlawful discriminatory	2562
practices described in division (A), (B), (C), (D), (E), (F), (I),	2563
or (J) of section 4112.02 or in section 4112.021 or 4112.022 of	2564
the Revised Code. Prior to a notification of a complainant under	2565
division (B)(4) of this section or prior to the commencement of	2566
informal methods of conference, conciliation, and persuasion under	2567
that division, the members of the commission and the officers and	2568
employees of the commission shall not make public in any manner	2569
and shall retain as confidential all information that was obtained	2570
as a result of or that otherwise pertains to a preliminary	2571
investigation other than one described in division (B)(3) of this	2572
section.	2573

(3)(a) Unless it is impracticable to do so and subject to its	2574
authority under division (B)(3)(d) of this section, the commission	2575
shall complete a preliminary investigation of a charge filed	2576
pursuant to division (B)(1) of this section that alleges an	2577
unlawful discriminatory practice described in division (H) of	2578
section 4112.02 of the Revised Code, and shall take one of the	2579
following actions, within one hundred days after the filing of the	2580
charge:	2581

(i) Notify the complainant and the respondent that it is not	2582
probable that an unlawful discriminatory practice described in	2583
division (H) of section 4112.02 of the Revised Code has been or is	2584
being engaged in and that the commission will not issue a	2585
complaint in the matter;	2586

(ii) Initiate a complaint and schedule it for informal	2587
methods of conference, conciliation, and persuasion;	2588

(iii) Initiate a complaint and refer it to the attorney	2589
general with a recommendation to seek a temporary or permanent	2590
injunction or a temporary restraining order. If this action is	2591
taken, the attorney general shall apply, as expeditiously as	2592
possible after receipt of the complaint, to the court of common	2593
pleas of the county in which the unlawful discriminatory practice	2594
allegedly occurred for the appropriate injunction or order, and	2595
the court shall hear and determine the application as	2596
expeditiously as possible.	2597

(b) If it is not practicable to comply with the requirements	2598
of division (B)(3)(a) of this section within the one-hundred-day	2599
period described in that division, the commission shall notify the	2600
complainant and the respondent in writing of the reasons for the	2601
noncompliance.	2602

(c) Prior to the issuance of a complaint under division	2603
(B)(3)(a)(ii) or (iii) of this section or prior to a notification	2604
of the complainant and the respondent under division (B)(3)(a)(i)	2605
of this section, the members of the commission and the officers	2606
and employees of the commission shall not make public in any	2607
manner and shall retain as confidential all information that was	2608
obtained as a result of or that otherwise pertains to a	2609
preliminary investigation of a charge filed pursuant to division	2610
(B)(1) of this section that alleges an unlawful discriminatory	2611
practice described in division (H) of section 4112.05 of the	2612
Revised Code.	2613

(d) Notwithstanding the types of action described in	2614
divisions (B)(3)(a)(ii) and (iii) of this section, prior to the	2615
issuance of a complaint or the referral of a complaint to the	2616
attorney general and prior to endeavoring to eliminate an unlawful	2617
discriminatory practice described in division (H) of section	2618
4112.02 of the Revised Code by informal methods of conference,	2619
conciliation, and persuasion, the commission may seek a temporary	2620
or permanent injunction or a temporary restraining order in the	2621
court of common pleas of the county in which the unlawful	2622
discriminatory practice allegedly occurred.	2623

(4) If the commission determines after a preliminary	2624
investigation other than one described in division (B)(3) of this	2625
section that it is not probable that an unlawful discriminatory	2626
practice has been or is being engaged in, it shall notify any	2627
complainant under division (B)(1) of this section that it has so	2628
determined and that it will not issue a complaint in the matter.	2629
If the commission determines after a preliminary investigation	2630
other than the one described in division (B)(3) of this section	2631
that it is probable that an unlawful discriminatory practice has	2632
been or is being engaged in, it shall endeavor to eliminate the	2633
practice by informal methods of conference, conciliation, and	2634
persuasion.	2635

(5) Nothing said or done during informal methods of	2636
conference, conciliation, and persuasion under this section shall	2637
be disclosed by any member of the commission or its staff or be	2638
used as evidence in any subsequent hearing or other proceeding.	2639
If, after a preliminary investigation and the use of informal	2640
methods of conference, conciliation, and persuasion under this	2641
section, the commission is satisfied that any unlawful	2642
discriminatory practice will be eliminated, it may treat the	2643
charge involved as being conciliated and enter that disposition on	2644
the records of the commission. If the commission fails to effect	2645
the elimination of an unlawful discriminatory practice by informal	2646
methods of conference, conciliation, and persuasion under this	2647
section and to obtain voluntary compliance with this chapter, the	2648
commission shall issue and cause to be served upon any person,	2649
including the respondent against whom a complainant has filed a	2650
charge pursuant to division (B)(1) of this section, a complaint	2651
stating the charges involved and containing a notice of an	2652
opportunity for a hearing before the commission, a member of the	2653
commission, or a hearing examiner at a place that is stated in the	2654
notice and that is located within the county in which the alleged	2655
unlawful discriminatory practice has occurred or is occurring or	2656
in which the respondent resides or transacts business. The hearing	2657
shall be held not less than thirty days after the service of the	2658
complaint upon the complainant, the aggrieved persons other than	2659
the complainant on whose behalf the complaint is issued, and the	2660
respondent, unless the complainant, an aggrieved person, or the	2661
respondent elects to proceed under division (A)(2) of section	2662
4112.051 of the Revised Code when that division is applicable. If	2663
a complaint pertains to an alleged unlawful discriminatory	2664
practice described in division (H) of section 4112.02 of the	2665
Revised Code, the complaint shall notify the complainant, an	2666
aggrieved person, and the respondent of the right of the	2667
complainant, an aggrieved person, or the respondent to elect to	2668
proceed with the administrative hearing process under this section	2669
or to proceed under division (A)(2) of section 4112.051 of the	2670
Revised Code.	2671

(6) The attorney general shall represent the commission at	2672
any hearing held pursuant to division (B)(5) of this section and	2673
shall present the evidence in support of the complaint.	2674

(7) Any complaint issued pursuant to division (B)(5) of this	2675
section after the filing of a charge under division (B)(1) of this	2676
section shall be so issued within one year after the complainant	2677
filed the charge with respect to an alleged unlawful	2678
discriminatory practice.	2679

(C) Any complaint issued pursuant to division (B) of this	2680
section may be amended by the commission, a member of the	2681
commission, or the hearing examiner conducting a hearing under	2682
division (B) of this section, at any time prior to or during the	2683
hearing. The respondent has the right to file an answer or an	2684
amended answer to the original and amended complaints and to	2685
appear at the hearing in person, by attorney, or otherwise to	2686
examine and cross-examine witnesses.	2687

(D) The complainant shall be a party to a hearing under	2688
division (B) of this section, and any person who is an	2689
indispensable party to a complete determination or settlement of a	2690
question involved in the hearing shall be joined. Any person who	2691
has or claims an interest in the subject of the hearing and in	2692
obtaining or preventing relief against the unlawful discriminatory	2693
practices complained of may be permitted, in the discretion of the	2694
person or persons conducting the hearing, to appear for the	2695
presentation of oral or written arguments.	2696

(E) In any hearing under division (B) of this section, the	2697
commission, a member of the commission, or the hearing examiner	2698
shall not be bound by the Rules of Evidence but, in ascertaining	2699
the practices followed by the respondent, shall take into account	2700
all reliable, probative, and substantial statistical or other	2701
evidence produced at the hearing that may tend to prove the	2702
existence of a predetermined pattern of employment or membership,	2703
provided that nothing contained in this section shall be construed	2704
to authorize or require any person to observe the proportion that	2705
persons of any race, color, religion, sex, sexual orientation,	2706
familial status, national origin, disability, age, or ancestry	2707
bear to the total population or in accordance with any criterion	2708
other than the individual qualifications of the applicant.	2709

(F) The testimony taken at a hearing under division (B) of	2710
this section shall be under oath and shall be reduced to writing	2711
and filed with the commission. Thereafter, in its discretion, the	2712
commission, upon the service of a notice upon the complainant and	2713
the respondent that indicates an opportunity to be present, may	2714
take further testimony or hear argument.	2715

(G)(1) If, upon all reliable, probative, and substantial	2716
evidence presented at a hearing under division (B) of this	2717
section, the commission determines that the respondent has engaged	2718
in, or is engaging in, any unlawful discriminatory practice,	2719
whether against the complainant or others, the commission shall	2720
state its findings of fact and conclusions of law and shall issue	2721
and, subject to the provisions of Chapter 119. of the Revised	2722
Code, cause to be served on the respondent an order requiring the	2723
respondent to cease and desist from the unlawful discriminatory	2724
practice, requiring the respondent to take any further affirmative	2725
or other action that will effectuate the purposes of this chapter,	2726
including, but not limited to, hiring, reinstatement, or upgrading	2727
of employees with or without back pay, or admission or restoration	2728
to union membership, and requiring the respondent to report to the	2729
commission the manner of compliance. If the commission directs	2730
payment of back pay, it shall make allowance for interim earnings.	2731
If it finds a violation of division (H) of section 4112.02 of the	2732
Revised Code, the commission additionally shall require the	2733
respondent to pay actual damages and reasonable attorney's fees,	2734
and may award to the complainant punitive damages as follows:	2735

(a) If division (G)(1)(b) or (c) of this section does not	2736
apply, punitive damages in an amount not to exceed ten thousand	2737
dollars;	2738

(b) If division (G)(1)(c) of this section does not apply and	2739
if the respondent has been determined by a final order of the	2740
commission or by a final judgment of a court to have committed one	2741
violation of division (H) of section 4112.02 of the Revised Code	2742
during the five-year period immediately preceding the date on	2743
which a complaint was issued pursuant to division (B) of this	2744
section, punitive damages in an amount not to exceed twenty-five	2745
thousand dollars;	2746

(c) If the respondent has been determined by a final order of	2747
the commission or by a final judgment of a court to have committed	2748
two or more violations of division (H) of section 4112.02 of the	2749
Revised Code during the seven-year period immediately preceding	2750
the date on which a complaint was issued pursuant to division (B)	2751
of this section, punitive damages in an amount not to exceed fifty	2752
thousand dollars.	2753

(2) Upon the submission of reports of compliance, the	2754
commission may issue a declaratory order stating that the	2755
respondent has ceased to engage in particular unlawful	2756
discriminatory practices.	2757

(H) If the commission finds that no probable cause exists for	2758
crediting charges of unlawful discriminatory practices or if, upon	2759
all the evidence presented at a hearing under division (B) of this	2760
section on a charge, the commission finds that a respondent has	2761
not engaged in any unlawful discriminatory practice against the	2762
complainant or others, it shall state its findings of fact and	2763
shall issue and cause to be served on the complainant an order	2764
dismissing the complaint as to the respondent. A copy of the order	2765
shall be delivered in all cases to the attorney general and any	2766
other public officers whom the commission considers proper.	2767

(I) Until the time period for appeal set forth in division	2768
(H) of section 4112.06 of the Revised Code expires, the	2769
commission, subject to the provisions of Chapter 119. of the	2770
Revised Code, at any time, upon reasonable notice, and in the	2771
manner it considers proper, may modify or set aside, in whole or	2772
in part, any finding or order made by it under this section.	2773

Sec. 4112.08.  This chapter shall be construed liberally for	2774
the accomplishment of its purposes, and any law inconsistent with	2775
any provision of this chapter shall not apply. Nothing contained	2776
in this chapter shall be considered to repeal any of the	2777
provisions of any law of this state relating to discrimination	2778
because of race, color, religion, sex, sexual orientation,	2779
familial status, disability, national origin, age, or ancestry,	2780
except that any person filing a charge under division (B)(1) of	2781
section 4112.05 of the Revised Code, with respect to the unlawful	2782
discriminatory practices complained of, is barred from instituting	2783
a civil action under section 4112.14 or division (N) of section	2784
4112.02 of the Revised Code.	2785

Sec. 4117.19.  (A) Every employee organization that is	2786
certified or recognized as a representative of public employees	2787
under Chapter 4117. of the Revised Code shall file with the state	2788
employment relations board a registration report that is signed by	2789
its president or other appropriate officer. The report shall be in	2790
a form prescribed by the board and accompanied by two copies of	2791
the employee organization's constitution and bylaws. The board	2792
shall accept a filing by a statewide, national, or international	2793
employee organization of its constitution and bylaws in lieu of a	2794
filing of the documents by each subordinate organization. The	2795
exclusive representative or other employee organization originally	2796
filing its constitution and bylaws shall report, promptly, to the	2797
board all changes or amendments to its constitution and bylaws.	2798

(B) Every employee organization shall file with the board an	2799
annual report. The report shall be in a form prescribed by the	2800
board and shall contain the following information:	2801

(1) The names and addresses of the organization, any parent	2802
organization or organizations with which it is affiliated, and all	2803
organizationwide officers;	2804

(2) The name and address of its local agent for service of	2805
process;	2806

(3) A general description of the public employees the	2807
organization represents or seeks to represent;	2808

(4) The amounts of the initiation fee and monthly dues	2809
members must pay;	2810

(5) A pledge, in a form prescribed by the board, that the	2811
organization will comply with the laws of the state and that it	2812
will accept members without regard to age, race, color, sex,	2813
creed, religion, ancestry, or national origin,; disability or	2814
sexual orientation, as those terms are defined in section 4112.01	2815
of the Revised Code,; or physical disability as provided by law:;	2816

(6) A financial report.

2817

(C) The constitution or bylaws of every employee organization	2818
shall do all of the following:	2819

(1) Require that the organization keep accurate accounts of	2820
all income and expenses, prepare an annual financial report, keep	2821
open for inspection by any member of the organization its	2822
accounts, and make loans to officers and agents only on terms and	2823
conditions available to all members;	2824

(2) Prohibit business or financial interests of its officers	2825
and agents, their spouses, minor children, parents, or otherwise,	2826
in conflict with the fiduciary obligation of such persons to the	2827
organization;	2828

(3) When specifically requested by the board, require every	2829
official who is designated as a fiscal officer of an employee	2830
organization and who is responsible for funds or other property of	2831
the organization or trust in which an organization is interested,	2832
or a subsidiary organization be bonded with the amount, scope, and	2833
form of the bond determined by the board;	2834

(4) Require periodic elections of officers by secret ballot	2835
subject to recognized safeguards concerning the equal right of all	2836
members to nominate, seek office, and vote in the elections, the	2837
right of individual members to participate in the affairs of the	2838
organization, and fair and equitable procedures in disciplinary	2839
actions.	2840

(D) The board shall prescribe rules necessary to govern the	2841
establishment and reporting of trusteeships over employee	2842
organizations. The establishment of trusteeships is permissible	2843
only if the constitution or bylaws of the organization set forth	2844
reasonable procedures.	2845

(E) The board may withhold certification of an employee	2846
organization that willfully refuses to register or file an annual	2847
report or that willfully refuses to comply with other provisions	2848
of this section. The board may revoke a certification of an	2849
employee organization for willfully failing to comply with this	2850
section. The board may enforce the prohibitions contained in this	2851
section by petitioning the court of common pleas of the county in	2852
which the violation occurs for an injunction. Persons complaining	2853
of a violation of this section shall file the complaint with the	2854
board.	2855

(F) Upon the written request to the board of any member of a	2856
certified employee organization and where the board determines the	2857
necessity for an audit, the board may require the employee	2858
organization to provide a certified audit of its financial	2859
records.	2860

(G) Any employee organization subject to the	2861
"Labor-Management Reporting and Disclosure Act of 1959," 73 Stat.	2862
519, 29 U.S.C.A., 401, as amended, may file copies with the board	2863
of all reports it is required to file under that act in lieu of	2864
compliance with all parts of this section other than division (A)	2865
of this section. The board shall accept a filing by a statewide,	2866
national, or international employee organization of its reports in	2867
lieu of a filing of such reports by each subordinate organization.	2868

Sec. 4735.16.  (A) Every real estate broker licensed under	2869
this chapter shall have and maintain a definite place of business	2870
in this state and shall erect or maintain a sign on the premises	2871
plainly stating that the licensee is a real estate broker. If the	2872
real estate broker maintains one or more branch offices, the real	2873
estate broker shall erect or maintain a sign at each branch office	2874
plainly stating that the licensee is a real estate broker.	2875

(B)(1) Any licensed real estate broker or salesperson who	2876
advertises to buy, sell, exchange, or lease real estate, or to	2877
engage in any act regulated by this chapter, including, but not	2878
limited to, any licensed real estate broker or salesperson who	2879
advertises to sell, exchange, or lease real estate that the	2880
licensee owns, shall be identified in the advertisement by name	2881
and by indicating that the licensee is a real estate broker or	2882
real estate salesperson. Except a real estate salesperson who	2883
advertises the sale, exchange, or lease of real estate that the	2884
salesperson owns and that is not listed for sale, exchange, or	2885
lease with a real estate broker, any real estate salesperson who	2886
advertises, as provided in this section, also shall indicate in	2887
the advertisement the name of the broker under whom the	2888
salesperson is licensed and the fact that the salesperson's broker	2889
is a real estate broker. The name of the broker shall be displayed	2890
in equal prominence with the name of the salesperson in the	2891
advertisement.	2892

(2) A real estate broker who is representing a seller under	2893
an exclusive right to sell or lease listing agreement shall not	2894
advertise such property to the public as "for sale by owner" or	2895
otherwise mislead the public to believe that the seller is not	2896
represented by a real estate broker.	2897

(3) If any real estate broker or real estate salesperson	2898
advertises in a manner other than as provided in this section or	2899
the rules adopted under this section, that advertisement is prima-	2900
facieprima-facie evidence of a violation under division (A)(21)	2901
of section 4735.18 of the Revised Code.	2902

When the superintendent determines that prima-facie evidence	2903
of a violation of division (A)(21) of section 4735.18 of the	2904
Revised Code or any of the rules adopted thereunder exists, the	2905
superintendent may do either of the following:	2906

(a) Initiate disciplinary action under section 4735.051 of	2907
the Revised Code for a violation of division (A)(21) of section	2908
4735.18 of the Revised Code, in accordance with Chapter 119. of	2909
the Revised Code;	2910

(b) Personally, or by certified mail, serve a citation upon	2911
the licensee.	2912

(C)(1) Every citation served under this section shall give	2913
notice to the licensee of the alleged violation or violations	2914
charged and inform the licensee of the opportunity to request a	2915
hearing in accordance with Chapter 119. of the Revised Code. The	2916
citation also shall contain a statement of a fine of two hundred	2917
dollars per violation, not to exceed two thousand five hundred	2918
dollars per citation. All fines collected pursuant to this section	2919
shall be credited to the real estate recovery fund, created in the	2920
state treasury under section 4735.12 of the Revised Code.	2921

(2) If any licensee is cited three times within twelve	2922
consecutive months, the superintendent shall initiate disciplinary	2923
action pursuant to section 4735.051 of the Revised Code for any	2924
subsequent violation that occurs within the same twelve-month	2925
period.	2926

(3) If a licensee fails to request a hearing within thirty	2927
days of the date of service of the citation, or the licensee and	2928
the superintendent fail to reach an alternative agreement, the	2929
citation shall become final.	2930

(4) Unless otherwise indicated, the licensee named in a final	2931
citation must meet all requirements contained in the final	2932
citation within thirty days of the effective date of that	2933
citation.	2934

(5) The superintendent shall suspend automatically a	2935
licensee's license if the licensee fails to comply with division	2936
(C)(4) of this section.	2937

(D) A real estate broker or salesperson obtaining the	2938
signature of a party to a listing or other agreement involved in a	2939
real estate transaction shall furnish a copy of the listing or	2940
other agreement to the party immediately after obtaining the	2941
party's signature. Every broker's office shall prominently display	2942
in the same immediate area as licenses are displayed a statement	2943
that it is illegal to discriminate against any person because of	2944
race, color, religion, or sex,; familial status, disability or	2945
sexual orientation, as those terms are defined in section 4112.01	2946
of the Revised Code,; national origin, disability as defined in	2947
that section,; or ancestry in the sale or rental of housing or	2948
residential lots, in advertising the sale or rental of housing, in	2949
the financing of housing, or in the provision of real estate	2950
brokerage services and that blockbusting also is illegal. The	2951
statement shall bear the United States department of housing and	2952
urban development equal housing logo, shall contain the	2953
information that the broker and the broker's salespersons are	2954
licensed by the division of real estate and that the division can	2955
assist with any consumer complaints or inquiries, and shall	2956
explain the provisions of section 4735.12 of the Revised Code. The	2957
statement shall provide the division's address and telephone	2958
number. The Ohio real estate commission shall provide by rule for	2959
the wording and size of the statement. The pamphlet required under	2960
section 4735.03 of the Revised Code shall contain the same	2961
statement that is required on the statement displayed as provided	2962
in this section and shall be made available by real estate brokers	2963
and salespersons to their clients. The commission shall provide	2964
the wording and size of the pamphlet.	2965

Sec. 4735.55.  (A) Each written agency agreement shall	2966
contain all of the following:	2967

(1) An expiration date;

2968

(2) A statement that it is illegal, pursuant to the Ohio fair	2969
housing law, division (H) of section 4112.02 of the Revised Code,	2970
and the federal fair housing law, 42 U.S.C.A. 3601, to refuse to	2971
sell, transfer, assign, rent, lease, sublease, or finance housing	2972
accommodations, refuse to negotiate for the sale or rental of	2973
housing accommodations, or otherwise deny or make unavailable	2974
housing accommodations because of race, color, religion, or sex,;	2975
familial status, disability, or sexual orientation, as those terms	2976
are defined in section 4112.01 of the Revised Code,; ancestry,	2977
disability as defined in that section,; or national origin or to	2978
so discriminate in advertising the sale or rental of housing, in	2979
the financing of housing, or in the provision of real estate	2980
brokerage services;	2981

(3) A statement defining the practice known as "blockbusting"	2982
and stating that it is illegal;	2983

(4) A copy of the United States department of housing and	2984
urban development equal housing opportunity logotype, as set forth	2985
in 24 C.F.R. 109.30.	2986

(B) Each written agency agreement shall contain a place for	2987
the licensee and the client to sign and date the agreement.	2988

(C) A licensee shall furnish a copy of any written agency	2989
agreement to a client in a timely manner after the licensee and	2990
the client have signed and dated it.	2991

Sec. 4757.07.  The counselor, social worker, and marriage and	2992
family therapist board and its professional standards committees	2993
shall not discriminate against any licensee, registrant, or	2994
applicant for a license or certificate of registration under this	2995
chapter because of the person's race, color, religion, sex, or	2996
national origin,; disability or sexual orientation, as those terms	2997
are defined in section 4112.01 of the Revised Code,; or age. The	2998
board or committee, as appropriate, shall afford a hearing to any	2999
person who files with the board or committee a statement alleging	3000
discrimination based on any of those reasons.	3001

Sec. 4758.16. The chemical dependency professionals board	3002
shall not discriminate against any licensee, certificate holder,	3003
or applicant for a license or certificate under this chapter	3004
because of the individual's race, color, religion, gender, or	3005
national origin,; disability or sexual orientation, as those terms	3006
are defined in section 4112.01 of the Revised Code,; or age. The	3007
board shall afford a hearing to any individual who files with the	3008
board a statement alleging discrimination based on any of those	3009
reasons.	3010

Sec. 4765.18.  The state board of emergency medical services	3011
may suspend or revoke a certificate of accreditation or a	3012
certificate of approval issued under section 4765.17 of the	3013
Revised Code for any of the following reasons:	3014

(A) Violation of this chapter or any rule adopted under it;

3015

(B) Furnishing of false, misleading, or incomplete	3016
information to the board;	3017

(C) The signing of an application or the holding of a	3018
certificate of accreditation by a person who has pleaded guilty to	3019
or has been convicted of a felony, or has pleaded guilty to or	3020
been convicted of a crime involving moral turpitude;	3021

(D) The signing of an application or the holding of a	3022
certificate of accreditation by a person who is addicted to the	3023
use of any controlled substance or has been adjudicated	3024
incompetent for that purpose by a court, as provided in section	3025
5122.301 of the Revised Code;	3026

(E) Violation of any commitment made in an application for a	3027
certificate of accreditation or certificate of approval;	3028

(F) Presentation to prospective students of misleading,	3029
false, or fraudulent information relating to the emergency medical	3030
services training program or emergency medical services continuing	3031
education program, employment opportunities, or opportunities for	3032
enrollment in accredited institutions of higher education after	3033
entering or completing courses offered by the operator of a	3034
program;	3035

(G) Failure to maintain in a safe and sanitary condition	3036
premises and equipment used in conducting courses of study;	3037

(H) Failure to maintain financial resources adequate for the	3038
satisfactory conduct of courses of study or to retain a sufficient	3039
number of certified instructors;	3040

(I) Discrimination in the acceptance of students upon the	3041
basis of sexual orientation as defined in section 4112.01 of the	3042
Revised Code, race, color, religion, sex, or national origin.	3043

Sec. 5104.09.  (A)(1) Except as provided in rules adopted	3044
pursuant to division (D) of this section:	3045

(a) No individual who has been convicted of or pleaded guilty	3046
to a violation of section 2903.01, 2903.02, 2903.03, 2903.04,	3047
2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22, 2903.34,	3048
2905.01, 2905.02, 2905.04, 2905.05, 2905.11, 2907.02, 2907.03,	3049
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21,	3050
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	3051
2907.323, 2909.02, 2909.03, 2909.04, 2909.05, 2911.01, 2911.02,	3052
2911.11, 2911.12, 2917.01, 2917.02, 2917.03, 2917.31, 2919.12,	3053
2919.24, 2919.25, 2921.03, 2921.34, 2921.35, 2923.12, 2923.13,	3054
2923.161, 2919.22, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or	3055
3716.11 of the Revised Code, a violation of section 2925.11 of the	3056
Revised Code that is not a minor drug possession offense, as	3057
defined in section 2925.01 of the Revised Code, felonious sexual	3058
penetration in violation of former section 2907.12 of the Revised	3059
Code, or a violation of an existing or former law or ordinance of	3060
any municipal corporation, this state, any other state, or the	3061
United States that is substantially equivalent to any of those	3062
violations shall be certified as an in-home aide or be employed in	3063
any capacity in or own or operate a child day-care center, type A	3064
family day-care home, type B family day-care home, or certified	3065
type B family day-care home.	3066

(b) No individual who has been convicted of or pleaded guilty	3067
to a violation of section 2913.02, 2913.03, 2913.04, 2913.041,	3068
2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32, 2913.33,	3069
2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44, 2913.441,	3070
2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2921.11, 2921.13, or	3071
2923.01 of the Revised Code, a violation of section 2923.02 or	3072
2923.03 of the Revised Code that relates to a crime specified in	3073
this division or division (A)(1)(a) of this section, a second	3074
violation of section 4511.19 of the Revised Code within five years	3075
of the date of operation of the child day-care center or family	3076
day-care home, or two violations of section 4511.19 of the Revised	3077
Code during operation of the center or home, or a violation of an	3078
existing or former law of this state, any other state, or the	3079
United States that is substantially equivalent to any of those	3080
violations shall own or operate a child day-care center, type A	3081
family day-care home, type B family day-care home, or certified	3082
type B family day-care home.	3083

(2) Each employee of a child day-care center and type A home	3084
and every person eighteen years of age or older residing in a type	3085
A home shall sign a statement on forms prescribed by the director	3086
of job and family services attesting to the fact that the employee	3087
or resident person has not been convicted of or pleaded guilty to	3088
any offense set forth in division (A)(1)(a) of this section and	3089
that no child has been removed from the employee's or resident	3090
person's home pursuant to section 2151.353 of the Revised Code.	3091
Each licensee of a type A home shall sign a statement on a form	3092
prescribed by the director attesting to the fact that no person	3093
who resides at the type A home and who is under the age of	3094
eighteen has been adjudicated a delinquent child for committing a	3095
violation of any section listed in division (A)(1)(a) of this	3096
section. The statements shall be kept on file at the center or	3097
type A home.	3098

(3) Each in-home aide and every person eighteen years of age	3099
or older residing in a certified type B home shall sign a	3100
statement on forms prescribed by the director of job and family	3101
services attesting that the aide or resident person has not been	3102
convicted of or pleaded guilty to any offense set forth in	3103
division (A)(1)(a) of this section and that no child has been	3104
removed from the aide's or resident person's home pursuant to	3105
section 2151.353 of the Revised Code. Each authorized provider	3106
shall sign a statement on forms prescribed by the director	3107
attesting that the provider has not been convicted of or pleaded	3108
guilty to any offense set forth in division (A)(1)(a) or (b) of	3109
this section and that no child has been removed from the	3110
provider's home pursuant to section 2151.353 of the Revised Code.	3111
Each authorized provider shall sign a statement on a form	3112
prescribed by the director attesting to the fact that no person	3113
who resides at the certified type B home and who is under the age	3114
of eighteen has been adjudicated a delinquent child for committing	3115
a violation of any section listed in division (A)(1)(a) of this	3116
section. The statements shall be kept on file at the county	3117
department of job and family services.	3118

(4) Each administrator and licensee of a center or type A	3119
home shall sign a statement on a form prescribed by the director	3120
of job and family services attesting that the administrator or	3121
licensee has not been convicted of or pleaded guilty to any	3122
offense set forth in division (A)(1)(a) or (b) of this section and	3123
that no child has been removed from the administrator's or	3124
licensee's home pursuant to section 2151.353 of the Revised Code.	3125
The statement shall be kept on file at the center or type A home.	3126

(B) No in-home aide, no administrator, licensee, authorized	3127
provider, or employee of a center, type A home, or certified type	3128
B home, and no person eighteen years of age or older residing in a	3129
type A home or certified type B home shall withhold information	3130
from, or falsify information on, any statement required pursuant	3131
to division (A)(2), (3), or (4) of this section.	3132

(C) No administrator, licensee, or child-care staff member	3133
shall discriminate in the enrollment of children in a child	3134
day-care center upon the basis of sexual orientation as defined in	3135
section 4112.01 of the Revised Code, race, color, religion, sex,	3136
or national origin.	3137

(D) The director of job and family services shall adopt rules	3138
pursuant to Chapter 119. of the Revised Code to implement this	3139
section, including rules specifying exceptions to the prohibition	3140
in division (A)(1) of this section for persons who have been	3141
convicted of an offense listed in that division but meet	3142
rehabilitation standards set by the department.	3143

Sec. 5107.26.  (A) As used in this section:

3144

(1) "Transitional child care" means publicly funded child	3145
care provided under division (A)(3) of section 5104.34 of the	3146
Revised Code.	3147

(2) "Transitional medicaid" means the medical assistance	3148
provided under section 5111.0115 of the Revised Code.	3149

(B) Except as provided in division (C) of this section, each	3150
member of an assistance group participating in Ohio works first is	3151
ineligible to participate in the program for six payment months if	3152
a county department of job and family services determines that a	3153
member of the assistance group terminated the member's employment	3154
and each person who, on the day prior to the day a recipient	3155
begins to receive transitional child care or transitional	3156
medicaid, was a member of the recipient's assistance group is	3157
ineligible to participate in Ohio works first for six payment	3158
months if a county department determines that the recipient	3159
terminated the recipient's employment.	3160

(C) No assistance group member shall lose or be denied	3161
eligibility to participate in Ohio works first pursuant to	3162
division (B) of this section if the termination of employment was	3163
because an assistance group member or recipient of transitional	3164
child care or transitional medicaid secured comparable or better	3165
employment or the county department of job and family services	3166
certifies that the member or recipient terminated the employment	3167
with just cause.	3168

Just cause includes the following:

3169

(1) Discrimination by an employer based on sexual orientation	3170
as defined in section 4112.01 of the Revised Code, age, race, sex,	3171
color, handicap, religious beliefs, or national origin;	3172

(2) Work demands or conditions that render continued	3173
employment unreasonable, such as working without being paid on	3174
schedule;	3175

(3) Employment that has become unsuitable due to any of the	3176
following:	3177

(a) The wage is less than the federal minimum wage;

3178

(b) The work is at a site subject to a strike or lockout,	3179
unless the strike has been enjoined under section 208 of the	3180
"Labor-Management Relations Act," 61 Stat. 155 (1947), 29 U.S.C.A.	3181
178, as amended, an injunction has been issued under section 10 of	3182
the "Railway Labor Act," 44 Stat. 586 (1926), 45 U.S.C.A. 160, as	3183
amended, or an injunction has been issued under section 4117.16 of	3184
the Revised Code;	3185

(c) The documented degree of risk to the member or	3186
recipient's health and safety is unreasonable;	3187

(d) The member or recipient is physically or mentally unfit	3188
to perform the employment, as documented by medical evidence or by	3189
reliable information from other sources.	3190

(4) Documented illness of the member or recipient or of	3191
another assistance group member of the member or recipient	3192
requiring the presence of the member or recipient;	3193

(5) A documented household emergency;

3194

(6) Lack of adequate child care for children of the member or	3195
recipient who are under six years of age.	3196

Sec. 5111.31.  (A) Every provider agreement with the provider	3197
of a nursing facility or intermediate care facility for the	3198
mentally retarded shall:	3199

(1) Prohibit the provider from failing or refusing to retain	3200
as a patient any person because the person is, becomes, or may, as	3201
a patient in the facility, become a medicaid recipient. For the	3202
purposes of this division, a medicaid recipient who is a patient	3203
in a facility shall be considered a patient in the facility during	3204
any hospital stays totaling less than twenty-five days during any	3205
twelve-month period. Recipients who have been identified by the	3206
department of job and family services or its designee as requiring	3207
the level of care of an intermediate care facility for the	3208
mentally retarded shall not be subject to a maximum period of	3209
absences during which they are considered patients if prior	3210
authorization of the department for visits with relatives and	3211
friends and participation in therapeutic programs is obtained	3212
under rules adopted under section 5111.02 of the Revised Code.	3213

(2) Except as provided by division (B)(1) of this section,	3214
include any part of the facility that meets standards for	3215
certification of compliance with federal and state laws and rules	3216
for participation in the medicaid program.	3217

(3) Prohibit the provider from discriminating against any	3218
patient on the basis of sexual orientation as defined in section	3219
4112.01 of the Revised Code, race, color, sex, creed, or national	3220
origin.	3221

(4) Except as otherwise prohibited under section 5111.55 of	3222
the Revised Code, prohibit the provider from failing or refusing	3223
to accept a patient because the patient is, becomes, or may, as a	3224
patient in the facility, become a medicaid recipient if less than	3225
eighty per cent of the patients in the facility are medicaid	3226
recipients.	3227

(B)(1) Except as provided by division (B)(2) of this section,	3228
the following are not required to be included in a provider	3229
agreement unless otherwise required by federal law:	3230

(a) Beds added during the period beginning July 1, 1987, and	3231
ending July 1, 1993, to a nursing home licensed under Chapter	3232
3721. of the Revised Code;	3233

(b) Beds in an intermediate care facility for the mentally	3234
retarded that are designated for respite care under a medicaid	3235
waiver component operated pursuant to a waiver sought under	3236
section 5111.87 of the Revised Code;	3237

(c) Beds that are converted to providing home and	3238
community-based services under the ICF/MR conversion pilot program	3239
authorized by a waiver sought under division (B)(1) of section	3240
5111.88 of the Revised Code.	3241

(2) If a provider chooses to include a bed specified in	3242
division (B)(1)(a) of this section in a provider agreement, the	3243
bed may not be removed from the provider agreement unless the	3244
provider withdraws the facility in which the bed is located from	3245
the medicaid program.	3246

(C) Nothing in this section shall bar a provider that is a	3247
religious organization operating a religious or denominational	3248
nursing facility or intermediate care facility for the mentally	3249
retarded from giving preference to persons of the same religion or	3250
denomination. Nothing in this section shall bar any provider from	3251
giving preference to persons with whom the provider has	3252
contracted to provide continuing care.	3253

(D) Nothing in this section shall bar the provider of a	3254
county home organized under Chapter 5155. of the Revised Code from	3255
admitting residents exclusively from the county in which the	3256
county home is located.	3257

(E) No provider of a nursing facility or intermediate care	3258
facility for the mentally retarded for which a provider agreement	3259
is in effect shall violate the provider contract obligations	3260
imposed under this section.	3261

(F) Nothing in divisions (A) and (C) of this section shall	3262
bar a provider from retaining patients who have resided in the	3263
provider's facility for not less than one year as private pay	3264
patients and who subsequently become medicaid recipients, but	3265
refusing to accept as a patient any person who is or may, as a	3266
patient in the facility, become a medicaid recipient, if all of	3267
the following apply:	3268

(1) The provider does not refuse to retain any patient who	3269
has resided in the provider's facility for not less than one year	3270
as a private pay patient because the patient becomes a medicaid	3271
recipient, except as necessary to comply with division (F)(2) of	3272
this section;	3273

(2) The number of medicaid recipients retained under this	3274
division does not at any time exceed ten per cent of all the	3275
patients in the facility;	3276

(3) On July 1, 1980, all the patients in the facility were	3277
private pay patients.	3278

Sec. 5119.61.  Any provision in this chapter that refers to a	3279
board of alcohol, drug addiction, and mental health services also	3280
refers to the community mental health board in an alcohol, drug	3281
addiction, and mental health service district that has a community	3282
mental health board.	3283

The director of mental health with respect to all facilities	3284
and programs established and operated under Chapter 340. of the	3285
Revised Code for mentally ill and emotionally disturbed persons,	3286
shall do all of the following:	3287

(A) Adopt rules pursuant to Chapter 119. of the Revised Code	3288
that may be necessary to carry out the purposes of Chapter 340.	3289
and sections 5119.61 to 5119.63 of the Revised Code.	3290

(1) The rules shall include all of the following:

3291

(a) Rules governing a community mental health agency's	3292
services under section 340.091 of the Revised Code to an	3293
individual referred to the agency under division (C)(2) of section	3294
173.35 of the Revised Code;	3295

(b) For the purpose of division (A)(16) of section 340.03 of	3296
the Revised Code, rules governing the duties of mental health	3297
agencies and boards of alcohol, drug addiction, and mental health	3298
services under section 3722.18 of the Revised Code regarding	3299
referrals of individuals with mental illness or severe mental	3300
disability to adult care facilities and effective arrangements for	3301
ongoing mental health services for the individuals. The rules	3302
shall do at least the following:	3303

(i) Provide for agencies and boards to participate fully in	3304
the procedures owners and managers of adult care facilities must	3305
follow under division (A)(2) of section 3722.18 of the Revised	3306
Code;	3307

(ii) Specify the manner in which boards are accountable for	3308
ensuring that ongoing mental health services are effectively	3309
arranged for individuals with mental illness or severe mental	3310
disability who are referred by the board or mental health agency	3311
under contract with the board to an adult care facility.	3312

(c) Rules governing a board of alcohol, drug addiction, and	3313
mental health services when making a report to the director of	3314
health under section 3722.17 of the Revised Code regarding the	3315
quality of care and services provided by an adult care facility to	3316
a person with mental illness or a severe mental disability.	3317

(2) Rules may be adopted to govern the method of paying a	3318
community mental health facility, as defined in section 5111.023	3319
of the Revised Code, for providing services listed in division (B)	3320
of that section. Such rules must be consistent with the contract	3321
entered into between the departments of job and family services	3322
and mental health under section 5111.91 of the Revised Code and	3323
include requirements ensuring appropriate service utilization.	3324

(B) Review and evaluate, and, taking into account the	3325
findings and recommendations of the board of alcohol, drug	3326
addiction, and mental health services of the district served by	3327
the program and the requirements and priorities of the state	3328
mental health plan, including the needs of residents of the	3329
district now residing in state mental institutions, approve and	3330
allocate funds to support community programs, and make	3331
recommendations for needed improvements to boards of alcohol, drug	3332
addiction, and mental health services;	3333

(C) Withhold state and federal funds for any program, in	3334
whole or in part, from a board of alcohol, drug addiction, and	3335
mental health services in the event of failure of that program to	3336
comply with Chapter 340. or section 5119.61, 5119.611, 5119.612,	3337
or 5119.62 of the Revised Code or rules of the department of	3338
mental health. The director shall identify the areas of	3339
noncompliance and the action necessary to achieve compliance. The	3340
director shall offer technical assistance to the board to achieve	3341
compliance. The director shall give the board a reasonable time	3342
within which to comply or to present its position that it is in	3343
compliance. Before withholding funds, a hearing shall be conducted	3344
to determine if there are continuing violations and that either	3345
assistance is rejected or the board is unable to achieve	3346
compliance. Subsequent to the hearing process, if it is determined	3347
that compliance has not been achieved, the director may allocate	3348
all or part of the withheld funds to a public or private agency to	3349
provide the services not in compliance until the time that there	3350
is compliance. The director shall establish rules pursuant to	3351
Chapter 119. of the Revised Code to implement this division.	3352

(D) Withhold state or federal funds from a board of alcohol,	3353
drug addiction, and mental health services that denies available	3354
service on the basis of religion, race, color, creed, sex,	3355
national origin, or age,; disability or sexual orientation, as	3356
those terms are defined in section 4112.01 of the Revised Code,;	3357
developmental disability,; or the inability to pay;	3358

(E) Provide consultative services to community mental health	3359
agencies with the knowledge and cooperation of the board of	3360
alcohol, drug addiction, and mental health services;	3361

(F) Provide to boards of alcohol, drug addiction, and mental	3362
health services state or federal funds, in addition to those	3363
allocated under section 5119.62 of the Revised Code, for special	3364
programs or projects the director considers necessary but for	3365
which local funds are not available;	3366

(G) Establish criteria by which a board of alcohol, drug	3367
addiction, and mental health services reviews and evaluates the	3368
quality, effectiveness, and efficiency of services provided	3369
through its community mental health plan. The criteria shall	3370
include requirements ensuring appropriate service utilization. The	3371
department shall assess a board's evaluation of services and the	3372
compliance of each board with this section, Chapter 340. or	3373
section 5119.62 of the Revised Code, and other state or federal	3374
law and regulations. The department, in cooperation with the	3375
board, periodically shall review and evaluate the quality,	3376
effectiveness, and efficiency of services provided through each	3377
board. The department shall collect information that is necessary	3378
to perform these functions.	3379

(H) Develop and operate a community mental health information	3380
system.	3381

Boards of alcohol, drug abuse, and mental health services	3382
shall submit information requested by the department in the form	3383
and manner prescribed by the department. Information collected by	3384
the department shall include, but not be limited to, all of the	3385
following:	3386

(1) Information regarding units of services provided in whole	3387
or in part under contract with a board, including diagnosis and	3388
special needs, demographic information, the number of units of	3389
service provided, past treatment, financial status, and service	3390
dates in accordance with rules adopted by the department in	3391
accordance with Chapter 119. of the Revised Code;	3392

(2) Financial information other than price or price-related	3393
data regarding expenditures of boards and community mental health	3394
agencies, including units of service provided, budgeted and actual	3395
expenses by type, and sources of funds.	3396

Boards shall submit the information specified in division	3397
(H)(1) of this section no less frequently than annually for each	3398
client, and each time the client's case is opened or closed. The	3399
department shall not collect any information for the purpose of	3400
identifying by name any person who receives a service through a	3401
board of alcohol, drug addiction, and mental health services,	3402
except as required by state or federal law to validate appropriate	3403
reimbursement. For the purposes of division (H)(1) of this	3404
section, the department shall use an identification system that is	3405
consistent with applicable nationally recognized standards.	3406

(I) Review each board's community mental health plan	3407
submitted pursuant to section 340.03 of the Revised Code and	3408
approve or disapprove it in whole or in part. Periodically, in	3409
consultation with representatives of boards and after considering	3410
the recommendations of the medical director, the director shall	3411
issue criteria for determining when a plan is complete, criteria	3412
for plan approval or disapproval, and provisions for conditional	3413
approval. The factors that the director considers may include, but	3414
are not limited to, the following:	3415

(1) The mental health needs of all persons residing within	3416
the board's service district, especially severely mentally	3417
disabled children, adolescents, and adults;	3418

(2) The demonstrated quality, effectiveness, efficiency, and	3419
cultural relevance of the services provided in each service	3420
district, the extent to which any services are duplicative of	3421
other available services, and whether the services meet the needs	3422
identified above;	3423

(3) The adequacy of the board's accounting for the	3424
expenditure of funds.	3425

If the director disapproves all or part of any plan, the	3426
director shall provide the board an opportunity to present its	3427
position. The director shall inform the board of the reasons for	3428
the disapproval and of the criteria that must be met before the	3429
plan may be approved. The director shall give the board a	3430
reasonable time within which to meet the criteria, and shall offer	3431
technical assistance to the board to help it meet the criteria.	3432

If the approval of a plan remains in dispute thirty days	3433
prior to the conclusion of the fiscal year in which the board's	3434
current plan is scheduled to expire, the board or the director may	3435
request that the dispute be submitted to a mutually agreed upon	3436
third-party mediator with the cost to be shared by the board and	3437
the department. The mediator shall issue to the board and the	3438
department recommendations for resolution of the dispute. Prior to	3439
the conclusion of the fiscal year in which the current plan is	3440
scheduled to expire, the director, taking into consideration the	3441
recommendations of the mediator, shall make a final determination	3442
and approve or disapprove the plan, in whole or in part.	3443

Sec. 5123.351.  The director of mental retardation and	3444
developmental disabilities, with respect to the eligibility for	3445
state reimbursement of expenses incurred by facilities and	3446
programs established and operated under Chapter 5126. of the	3447
Revised Code for persons with mental retardation or a	3448
developmental disability, shall do all of the following:	3449

(A) Make rules that may be necessary to carry out the	3450
purposes of Chapter 5126. and sections 5123.35, 5123.351, and	3451
5123.36 of the Revised Code;	3452

(B) Define minimum standards for qualifications of personnel,	3453
professional services, and in-service training and educational	3454
leave programs;	3455

(C) Review and evaluate community programs and make	3456
recommendations for needed improvements to county boards of mental	3457
retardation and developmental disabilities and to program	3458
directors;	3459

(D) Withhold state reimbursement, in whole or in part, from	3460
any county or combination of counties for failure to comply with	3461
Chapter 5126. or section 5123.35 or 5123.351 of the Revised Code	3462
or rules of the department of mental retardation and developmental	3463
disabilities;	3464

(E) Withhold state funds from an agency, corporation, or	3465
association denying or rendering service on the basis of race,	3466
color, sex, religion, ancestry, or national origin,; disability or	3467
sexual orientation as those terms are defined in section 4112.01	3468
of the Revised Code,; or inability to pay;	3469

(F) Provide consultative staff service to communities to	3470
assist in ascertaining needs and in planning and establishing	3471
programs.	3472

Sec. 5126.07.  No county board of mental retardation and	3473
developmental disabilities or any agency, corporation, or	3474
association under contract with a county board of mental	3475
retardation and developmental disabilities shall discriminate in	3476
the provision of services under its authority or contract on the	3477
basis of sexual orientation as defined in section 4112.01 of the	3478
Revised Code, race, color, sex, creed, disability, national	3479
origin, or the inability to pay.	3480

Each county board of mental retardation and developmental	3481
disabilities shall provide a plan of affirmative action describing	3482
its goals and methods for the provision of equal employment	3483
opportunities for all persons under its authority and shall ensure	3484
nondiscrimination in employment under its authority or contract on	3485
the basis of sexual orientation as defined in section 4112.01 of	3486
the Revised Code, race, color, sex, creed, disability, or national	3487
origin.	3488

Sec. 5515.08.  (A) The department of transportation may	3489
contract to sell commercial advertising space within or on the	3490
outside surfaces of any building located within a roadside rest	3491
area under its jurisdiction in exchange for cash payment. Money	3492
the department receives under this section shall be deposited in	3493
the state treasury to the credit of the roadside rest area	3494
improvement fund, which is hereby created. The department shall	3495
use the money in the fund only to improve roadside rest areas in	3496
accordance with section 5529.06 of the Revised Code.	3497

(B) Advertising placed under this section shall comply with	3498
all of the following:	3499

(1) It shall not be libelous or obscene and shall not promote	3500
any illegal product or service.	3501

(2) It shall not promote illegal discrimination on the basis	3502
of the sexual orientation as defined in section 4112.01 of the	3503
Revised Code, race, religion, national origin, handicap, age, or	3504
ancestry of any person.	3505

(3) It shall not support or oppose any candidate for	3506
political office or any political cause, issue, or organization.	3507

(4) It shall comply with any controlling federal or state	3508
regulations or restrictions.	3509

(5) To the extent physically and technically practical, it	3510
shall state that the advertisement is a paid commercial	3511
advertisement and that the state does not endorse the product or	3512
service promoted by the advertisement or make any representation	3513
about the accuracy of the advertisement or the quality or	3514
performance of the product or service promoted by the	3515
advertisement.	3516

(6) It shall conform to all applicable rules adopted by the	3517
director of transportation under division (E) of this section.	3518

(C) Contracts entered into under this section shall be	3519
awarded only to the qualified bidder who submits the highest	3520
responsive bid or according to uniformly applied rate classes.	3521

(D) No person, except an advertiser alleging a breach of	3522
contract or the improper awarding of a contract, has a cause of	3523
action against the state with respect to any contract or	3524
advertising authorized by this section. Under no circumstances is	3525
the state liable for consequential or noneconomic damages with	3526
respect to any contract or advertising authorized under this	3527
section.	3528

(E) The director, in accordance with Chapter 119. of the	3529
Revised Code, shall adopt rules to implement this section. The	3530
rules shall be consistent with the policy of protecting the safety	3531
of the traveling public and consistent with the national policy	3532
governing the use and control of such roadside rest areas. The	3533
rules shall regulate the awarding of contracts and may regulate	3534
the content, display, and other aspects of the commercial	3535
advertising authorized by this section.	3536

Sec. 5709.832.  The legislative authority of a county,	3537
township, or municipal corporation that grants an exemption from	3538
taxation under Chapter 725. or 1728. or section 3735.67, 5709.40,	3539
5709.41, 5709.62, 5709.63, 5709.632, 5709.73, or 5709.78 of the	3540
Revised Code shall develop policies to ensure that the recipient	3541
of the exemption practices nondiscriminatory hiring in its	3542
operations. As used in this section, "nondiscriminatory hiring"	3543
means that no individual may be denied employment solely on the	3544
basis of sexual orientation as defined in section 4112.01 of the	3545
Revised Code, race, religion, sex, disability, color, national	3546
origin, or ancestry.	3547

Section 2.  That existing sections 9.03, 124.93, 125.111,	3548
153.59, 153.591, 176.04, 176.06, 340.12, 511.03, 717.01, 1501.012,	3549
1751.18, 2915.08, 2927.03, 3113.36, 3301.53, 3304.14, 3304.50,	3550
3313.481, 3314.06, 3332.09, 3721.13, 3905.55, 4111.17, 4112.01,	3551
4112.02, 4112.021, 4112.04, 4112.05, 4112.08, 4117.19, 4735.16,	3552
4735.55, 4757.07, 4758.16, 4765.18, 5104.09, 5107.26, 5111.31,	3553
5119.61, 5123.351, 5126.07, 5515.08, and 5709.832 of the Revised	3554
Code are hereby repealed.	3555

Section 3.  Section 125.111 of the Revised Code is presented	3556
in this act as a composite of the section as amended by both Am.	3557
H.B. 264 and Am. Sub. H.B. 283 of the 123rd General Assembly. The	3558
General Assembly, applying the principle stated in division (B) of	3559
section 1.52 of the Revised Code that amendments are to be	3560
harmonized if reasonably capable of simultaneous operation, finds	3561
that the composite is the resulting version of the section in	3562
effect prior to the effective date of the section as presented in	3563
this act.	3564