As Introduced

128th General Assembly
Regular Session
2009-2010
S. B. No. 107


Senator Kearney 

Cosponsors: Senators Turner, Miller, D., Sawyer, Miller, R. 



A BILL
To amend sections 4112.01 and 4112.05 and to enact 1
sections 2933.84 and 4112.024 of the Revised Code 2
to specify that it is an unlawful discriminatory 3
practice that is within the jurisdiction of the 4
Ohio Civil Rights Commission for any law 5
enforcement agency or officer in Ohio to engage in 6
racial profiling; to require the Commission to 7
compile data from law enforcement agencies 8
regarding routine or spontaneous investigatory 9
activities of the agencies' officers and analyze 10
the data for significantly significant disparities 11
related to the race, ethnicity, national origin, 12
or gender of the subjects of the activities; to 13
provide for Commission access to LEADS to obtain 14
the data and require law enforcement agencies to 15
enter the data on LEADS; and to require law 16
enforcement agencies to maintain a policy designed 17
to eliminate racial profiling by the agency and 18
its officers and to cease existing practices by 19
the agency and its officers that permit or 20
encourage racial profiling.21


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

       Section 1. That sections 4112.01 and 4112.05 be amended and 22
sections 2933.84 and 4112.024 of the Revised Code be enacted to 23
read as follows:24

       Sec. 2933.84.  (A) As used in this section, "racial 25
profiling" and "routine or spontaneous investigatory activity" 26
have the same meanings as in section 4112.024 of the Revised Code.27

       (B) Each law enforcement agency in this state that employs or 28
is served by any law enforcement officer shall maintain a policy 29
that is designed to eliminate racial profiling by the agency and 30
its law enforcement officers and to cease existing practices by 31
the agency and its officers that permit or encourage racial 32
profiling. The policy shall include, but shall not be limited to, 33
all of the following:34

       (1) A prohibition on racial profiling by the agency and its 35
law enforcement officers;36

       (2) Provisions for training on racial profiling issues as 37
part of the training of the agency's law enforcement officers;38

       (3) Provisions for facilitating the collection of data to be 39
used by the Ohio civil rights commission pursuant to section 40
4112.023 of the Revised Code, including through the entry of data 41
on the law enforcement automated data system;42

       (4) Procedures for receiving, investigating, and responding 43
meaningfully to complaints alleging racial profiling by the 44
agency's law enforcement officers;45

       (5) A requirement that corrective action be taken when the 46
agency's law enforcement officers are determined to have engaged 47
in racial profiling.48

       Sec. 4112.01.  (A) As used in this chapter:49

       (1) "Person" includes one or more individuals, partnerships,50
associations, organizations, corporations, legal representatives,51
trustees, trustees in bankruptcy, receivers, and other organized52
groups of persons. "Person" also includes, but is not limited to,53
any owner, lessor, assignor, builder, manager, broker,54
salesperson, appraiser, agent, employee, lending institution, and55
the state and all political subdivisions, authorities, agencies,56
boards, and commissions of the state.57

       (2) "Employer" includes the state, any political subdivision58
of the state, any person employing four or more persons within the59
state, and any person acting directly or indirectly in the60
interest of an employer.61

       (3) "Employee" means an individual employed by any employer62
but does not include any individual employed in the domestic63
service of any person.64

       (4) "Labor organization" includes any organization that65
exists, in whole or in part, for the purpose of collective66
bargaining or of dealing with employers concerning grievances,67
terms or conditions of employment, or other mutual aid or68
protection in relation to employment.69

       (5) "Employment agency" includes any person regularly70
undertaking, with or without compensation, to procure71
opportunities to work or to procure, recruit, refer, or place72
employees.73

       (6) "Commission" means the Ohio civil rights commission74
created by section 4112.03 of the Revised Code.75

       (7) "Discriminate" includes segregate or separate.76

       (8) "Unlawful discriminatory practice" means any act77
prohibited by section 4112.02, 4112.021, or 4112.022, or 4112.02478
of the Revised Code.79

       (9) "Place of public accommodation" means any inn,80
restaurant, eating house, barbershop, public conveyance by air,81
land, or water, theater, store, other place for the sale of82
merchandise, or any other place of public accommodation or83
amusement of which the accommodations, advantages, facilities, or84
privileges are available to the public.85

       (10) "Housing accommodations" includes any building or86
structure, or portion of a building or structure, that is used or87
occupied or is intended, arranged, or designed to be used or88
occupied as the home residence, dwelling, dwelling unit, or89
sleeping place of one or more individuals, groups, or families90
whether or not living independently of each other; and any vacant91
land offered for sale or lease. "Housing accommodations" also92
includes any housing accommodations held or offered for sale or93
rent by a real estate broker, salesperson, or agent, by any other94
person pursuant to authorization of the owner, by the owner, or by95
the owner's legal representative.96

       (11) "Restrictive covenant" means any specification limiting97
the transfer, rental, lease, or other use of any housing98
accommodations because of race, color, religion, sex, military 99
status, familial status, national origin, disability, or ancestry, 100
or any limitation based upon affiliation with or approval by any 101
person, directly or indirectly, employing race, color, religion, 102
sex, military status, familial status, national origin, 103
disability, or ancestry as a condition of affiliation or approval.104

       (12) "Burial lot" means any lot for the burial of deceased105
persons within any public burial ground or cemetery, including,106
but not limited to, cemeteries owned and operated by municipal107
corporations, townships, or companies or associations incorporated108
for cemetery purposes.109

       (13) "Disability" means a physical or mental impairment that110
substantially limits one or more major life activities, including111
the functions of caring for one's self, performing manual tasks,112
walking, seeing, hearing, speaking, breathing, learning, and113
working; a record of a physical or mental impairment; or being114
regarded as having a physical or mental impairment.115

       (14) Except as otherwise provided in section 4112.021 of the116
Revised Code, "age" means at least forty years old.117

       (15) "Familial status" means either of the following:118

       (a) One or more individuals who are under eighteen years of119
age and who are domiciled with a parent or guardian having legal120
custody of the individual or domiciled, with the written121
permission of the parent or guardian having legal custody, with a122
designee of the parent or guardian;123

       (b) Any person who is pregnant or in the process of securing124
legal custody of any individual who is under eighteen years of125
age.126

       (16)(a) Except as provided in division (A)(16)(b) of this127
section, "physical or mental impairment" includes any of the128
following:129

       (i) Any physiological disorder or condition, cosmetic130
disfigurement, or anatomical loss affecting one or more of the131
following body systems: neurological; musculoskeletal; special132
sense organs; respiratory, including speech organs;133
cardiovascular; reproductive; digestive; genito-urinary; hemic and134
lymphatic; skin; and endocrine;135

       (ii) Any mental or psychological disorder, including, but not 136
limited to, mental retardation, organic brain syndrome, emotional 137
or mental illness, and specific learning disabilities;138

       (iii) Diseases and conditions, including, but not limited to, 139
orthopedic, visual, speech, and hearing impairments, cerebral140
palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis,141
cancer, heart disease, diabetes, human immunodeficiency virus142
infection, mental retardation, emotional illness, drug addiction,143
and alcoholism.144

       (b) "Physical or mental impairment" does not include any of145
the following:146

       (i) Homosexuality and bisexuality;147

       (ii) Transvestism, transsexualism, pedophilia, exhibitionism, 148
voyeurism, gender identity disorders not resulting from physical 149
impairments, or other sexual behavior disorders;150

       (iii) Compulsive gambling, kleptomania, or pyromania;151

       (iv) Psychoactive substance use disorders resulting from the152
current illegal use of a controlled substance or the current use153
of alcoholic beverages.154

       (17) "Dwelling unit" means a single unit of residence for a155
family of one or more persons.156

       (18) "Common use areas" means rooms, spaces, or elements157
inside or outside a building that are made available for the use158
of residents of the building or their guests, and includes, but is159
not limited to, hallways, lounges, lobbies, laundry rooms, refuse160
rooms, mail rooms, recreational areas, and passageways among and161
between buildings.162

       (19) "Public use areas" means interior or exterior rooms or163
spaces of a privately or publicly owned building that are made164
available to the general public.165

       (20) "Controlled substance" has the same meaning as in166
section 3719.01 of the Revised Code.167

       (21) "Disabled tenant" means a tenant or prospective tenant168
who is a person with a disability.169

       (22) "Military status" means a person's status in "service in 170
the uniformed services" as defined in section 5923.05 of the 171
Revised Code.172

       (B) For the purposes of divisions (A) to (F) of section173
4112.02 of the Revised Code, the terms "because of sex" and "on174
the basis of sex" include, but are not limited to, because of or175
on the basis of pregnancy, any illness arising out of and176
occurring during the course of a pregnancy, childbirth, or related177
medical conditions. Women affected by pregnancy, childbirth, or178
related medical conditions shall be treated the same for all179
employment-related purposes, including receipt of benefits under180
fringe benefit programs, as other persons not so affected but181
similar in their ability or inability to work, and nothing in182
division (B) of section 4111.17 of the Revised Code shall be183
interpreted to permit otherwise. This division shall not be184
construed to require an employer to pay for health insurance185
benefits for abortion, except where the life of the mother would186
be endangered if the fetus were carried to term or except where187
medical complications have arisen from the abortion, provided that188
nothing in this division precludes an employer from providing189
abortion benefits or otherwise affects bargaining agreements in190
regard to abortion.191

       Sec. 4112.024.  (A) As used in this section:192

       (1) "False stop" means a traffic stop of a driver or 193
pedestrian stop of a person by a law enforcement officer when the 194
officer gives no citation or warning to the driver or person.195

       (2) "Racial profiling" means the practice of a law 196
enforcement officer or law enforcement agency that relies, to any 197
degree, on race, ethnicity, or national origin in selecting which 198
individual to subject to any routine or spontaneous investigatory 199
activity or in deciding upon the scope and substance of any law 200
enforcement activity following an initial investigatory procedure, 201
except when there is trustworthy information that is relevant to 202
the locality and time frame and that links a person of a 203
particular race, ethnicity, or national origin to an identified 204
criminal incident or scheme.205

       (3)(a) "Routine or spontaneous investigatory activity" refers 206
to an activity by a law enforcement officer that is any of the 207
following:208

       (i) An interview with a person;209

       (ii) A traffic stop or pedestrian stop of a person;210

       (iii) A frisk or another type of body search of a person;211

       (iv) A consensual or nonconsensual search of the person or 212
any possession, including any vehicle, of a motorist or 213
pedestrian;214

       (v) An immigration-related apprehension, detention, or 215
investigation of a person.216

       (b) "Routine or spontaneous investigatory activity" does not 217
include any contact with a person that is for the sole purpose of 218
obtaining or asking for information about an investigation of a 219
complaint, crime, or suspicious activity.220

       (B) It shall be an unlawful discriminatory practice for any 221
law enforcement agency in this state or any law enforcement 222
officer employed by or serving any law enforcement agency in this 223
state to engage in racial profiling.224

       (C) Not later than January 1, 2010, the commission shall 225
inform law enforcement agencies in this state that employ or are 226
served by any law enforcement officer of the types of information 227
the commission needs to perform its duties under divisions (E) and 228
(F) of this section and shall inform the agencies that, on and 229
after January 1, 2010, they must include all of those types of 230
information for each entry the agencies make on the law 231
enforcement automated data system for a routine or spontaneous 232
investigatory activity.233

       (D) The commission, as a governmental, noncriminal justice 234
agency created by state statute that has a mission to enforce or 235
assist in enforcing federal, state, and local laws and ordinances, 236
shall be entitled to participate in and have access to the law 237
enforcement automated data system for the purposes of collecting, 238
compiling, maintaining, and analyzing data from law enforcement 239
agencies as described in divisions (E) and (F) of this section. 240

       (E) Through its access to the law enforcement automated data 241
system granted under division (D) of this section, on and after 242
January 1, 2010, the commission shall collect, compile, and 243
maintain data from all law enforcement agencies in this state 244
regarding all routine or spontaneous investigatory activities of 245
the officers of the agencies. The commission shall compile and 246
maintain the data in five separate data sets. One data set shall 247
contain the data for all persons who were the subjects of the 248
routine or spontaneous investigatory activities, one data set 249
shall separate the data into subsets that are based on the race of 250
the persons who were the subjects of the activities, one data set 251
shall separate the data into subsets that are based on the 252
ethnicity of the persons who were the subjects of the activities, 253
one data set shall separate the data into subsets that are based 254
on the national origin of the persons who were the subjects of the 255
activities, and one data set shall separate the data into subsets 256
that are based on the gender of the persons who were the subjects 257
of the activities. In each data set, the information provided for 258
each routine or spontaneous investigatory activity shall include 259
the date, time, and location of the activity, shall indicate 260
whether or not a search of any vehicle was conducted, and shall 261
indicate if any search conducted resulted in a seizure of any 262
item.263

       (F) For calendar year 2010 and each calendar year thereafter, 264
the commission shall analyze the data collected, compiled, and 265
maintained as described in division (E) of this section for any 266
significantly significant disparities related to the race, 267
ethnicity, national origin, or gender of the persons who were the 268
subjects of the routine or spontaneous investigatory activities, 269
including, but not limited to, any of the following:270

       (1) Any disparity in the percentage of drivers or pedestrians 271
who were stopped in a particular neighborhood and who are of a 272
particular race, ethnicity, national origin, or gender relative to 273
the total number of drivers or pedestrians passing through that 274
neighborhood who were stopped and relative to the percentage of 275
drivers or pedestrians who were stopped in that neighborhood and 276
who are not of that race, ethnicity, national origin, or gender; 277

       (2) Any disparity in the percentage of false stops of drivers 278
or pedestrians who are of a particular race, ethnicity, national 279
origin, or gender relative to the total number of drivers or 280
pedestrians who were subjected to a false stop and relative to the 281
percentage of false stops of drivers or pedestrians who are not of 282
that race, ethnicity, national origin, or gender;283

       (3) Any disparity in the frequency of searches performed on 284
drivers who are of a particular race, ethnicity, national origin, 285
or gender relative to the total number of searches performed on 286
drivers and relative to the frequency of searches performed on 287
drivers who are not of that race, ethnicity, national origin, or 288
gender.289

       (G) On or before May 1, 2011, and on or before May 1 in each 290
calendar year thereafter, the commission shall prepare a report of 291
the results of the data analysis described in division (F) of this 292
section for the preceding calendar year and shall provide a copy 293
of the report to both houses of the general assembly, the 294
governor, and the attorney general.295

       Sec. 4112.05.  (A) The commission, as provided in this296
section, shall prevent any person from engaging in unlawful297
discriminatory practices, provided that, before instituting the298
formal hearing authorized by division (B) of this section, it299
shall attempt, by informal methods of conference, conciliation,300
and persuasion, to induce compliance with this chapter.301

       (B)(1) Any person may file a charge with the commission302
alleging that another person has engaged or is engaging in an303
unlawful discriminatory practice. In the case of a charge alleging 304
an unlawful discriminatory practice described in division (A), 305
(B), (C), (D), (E), (F), (G), (I), or (J) of section 4112.02 or in 306
section 4112.021 or, 4112.022, or 4112.024 of the Revised Code, 307
the charge shall be in writing and under oath and shall be filed 308
with the commission within six months after the alleged unlawful 309
discriminatory practice was committed. In the case of a charge 310
alleging an unlawful discriminatory practice described in division 311
(H) of section 4112.02 of the Revised Code, the charge shall be in 312
writing and under oath and shall be filed with the commission 313
within one year after the alleged unlawful discriminatory practice 314
was committed.315

       (2) Upon receiving a charge, the commission may initiate a316
preliminary investigation to determine whether it is probable that 317
an unlawful discriminatory practice has been or is being engaged 318
in. The commission also may conduct, upon its own initiative and 319
independent of the filing of any charges, a preliminary 320
investigation relating to any of the unlawful discriminatory 321
practices described in division (A), (B), (C), (D), (E), (F), (I), 322
or (J) of section 4112.02 or in section 4112.021 or, 4112.022, or 323
4112.024 of the Revised Code. Prior to a notification of a 324
complainant under division (B)(4) of this section or prior to the 325
commencement of informal methods of conference, conciliation, and 326
persuasion under that division, the members of the commission and 327
the officers and employees of the commission shall not make 328
public in any manner and shall retain as confidential all 329
information that was obtained as a result of or that otherwise 330
pertains to a preliminary investigation other than one described 331
in division (B)(3) of this section.332

       (3)(a) Unless it is impracticable to do so and subject to its 333
authority under division (B)(3)(d) of this section, the commission 334
shall complete a preliminary investigation of a charge filed 335
pursuant to division (B)(1) of this section that alleges an336
unlawful discriminatory practice described in division (H) of337
section 4112.02 of the Revised Code, and shall take one of the338
following actions, within one hundred days after the filing of the 339
charge:340

       (i) Notify the complainant and the respondent that it is not 341
probable that an unlawful discriminatory practice described in 342
division (H) of section 4112.02 of the Revised Code has been or is 343
being engaged in and that the commission will not issue a344
complaint in the matter;345

       (ii) Initiate a complaint and schedule it for informal346
methods of conference, conciliation, and persuasion;347

       (iii) Initiate a complaint and refer it to the attorney348
general with a recommendation to seek a temporary or permanent349
injunction or a temporary restraining order. If this action is350
taken, the attorney general shall apply, as expeditiously as351
possible after receipt of the complaint, to the court of common352
pleas of the county in which the unlawful discriminatory practice353
allegedly occurred for the appropriate injunction or order, and354
the court shall hear and determine the application as355
expeditiously as possible.356

       (b) If it is not practicable to comply with the requirements 357
of division (B)(3)(a) of this section within the one-hundred-day 358
period described in that division, the commission shall notify the 359
complainant and the respondent in writing of the reasons for the 360
noncompliance.361

       (c) Prior to the issuance of a complaint under division362
(B)(3)(a)(ii) or (iii) of this section or prior to a notification363
of the complainant and the respondent under division (B)(3)(a)(i)364
of this section, the members of the commission and the officers365
and employees of the commission shall not make public in any366
manner and shall retain as confidential all information that was367
obtained as a result of or that otherwise pertains to a368
preliminary investigation of a charge filed pursuant to division369
(B)(1) of this section that alleges an unlawful discriminatory370
practice described in division (H) of section 4112.05 of the371
Revised Code.372

       (d) Notwithstanding the types of action described in373
divisions (B)(3)(a)(ii) and (iii) of this section, prior to the374
issuance of a complaint or the referral of a complaint to the375
attorney general and prior to endeavoring to eliminate an unlawful 376
discriminatory practice described in division (H) of section 377
4112.02 of the Revised Code by informal methods of conference, 378
conciliation, and persuasion, the commission may seek a temporary 379
or permanent injunction or a temporary restraining order in the 380
court of common pleas of the county in which the unlawful 381
discriminatory practice allegedly occurred.382

       (4) If the commission determines after a preliminary383
investigation other than one described in division (B)(3) of this384
section that it is not probable that an unlawful discriminatory385
practice has been or is being engaged in, it shall notify any386
complainant under division (B)(1) of this section that it has so387
determined and that it will not issue a complaint in the matter.388
If the commission determines after a preliminary investigation389
other than the one described in division (B)(3) of this section390
that it is probable that an unlawful discriminatory practice has391
been or is being engaged in, it shall endeavor to eliminate the392
practice by informal methods of conference, conciliation, and393
persuasion.394

       (5) Nothing said or done during informal methods of395
conference, conciliation, and persuasion under this section shall396
be disclosed by any member of the commission or its staff or be397
used as evidence in any subsequent hearing or other proceeding.398
If, after a preliminary investigation and the use of informal399
methods of conference, conciliation, and persuasion under this400
section, the commission is satisfied that any unlawful401
discriminatory practice will be eliminated, it may treat the402
charge involved as being conciliated and enter that disposition on 403
the records of the commission. If the commission fails to effect 404
the elimination of an unlawful discriminatory practice by informal 405
methods of conference, conciliation, and persuasion under this 406
section and to obtain voluntary compliance with this chapter, the 407
commission shall issue and cause to be served upon any person, 408
including the respondent against whom a complainant has filed a 409
charge pursuant to division (B)(1) of this section, a complaint 410
stating the charges involved and containing a notice of an 411
opportunity for a hearing before the commission, a member of the 412
commission, or a hearing examiner at a place that is stated in the 413
notice and that is located within the county in which the alleged 414
unlawful discriminatory practice has occurred or is occurring or 415
in which the respondent resides or transacts business. The hearing 416
shall be held not less than thirty days after the service of the 417
complaint upon the complainant, the aggrieved persons other than 418
the complainant on whose behalf the complaint is issued, and the 419
respondent, unless the complainant, an aggrieved person, or the 420
respondent elects to proceed under division (A)(2) of section 421
4112.051 of the Revised Code when that division is applicable. If 422
a complaint pertains to an alleged unlawful discriminatory 423
practice described in division (H) of section 4112.02 of the 424
Revised Code, the complaint shall notify the complainant, an 425
aggrieved person, and the respondent of the right of the 426
complainant, an aggrieved person, or the respondent to elect to 427
proceed with the administrative hearing process under this section 428
or to proceed under division (A)(2) of section 4112.051 of the 429
Revised Code.430

       (6) The attorney general shall represent the commission at431
any hearing held pursuant to division (B)(5) of this section and432
shall present the evidence in support of the complaint.433

       (7) Any complaint issued pursuant to division (B)(5) of this 434
section after the filing of a charge under division (B)(1) of this 435
section shall be so issued within one year after the complainant 436
filed the charge with respect to an alleged unlawful437
discriminatory practice.438

       (C) Any complaint issued pursuant to division (B) of this439
section may be amended by the commission, a member of the440
commission, or the hearing examiner conducting a hearing under441
division (B) of this section, at any time prior to or during the442
hearing. The respondent has the right to file an answer or an443
amended answer to the original and amended complaints and to444
appear at the hearing in person, by attorney, or otherwise to445
examine and cross-examine witnesses.446

       (D) The complainant shall be a party to a hearing under447
division (B) of this section, and any person who is an448
indispensable party to a complete determination or settlement of a 449
question involved in the hearing shall be joined. Any person who 450
has or claims an interest in the subject of the hearing and in 451
obtaining or preventing relief against the unlawful discriminatory 452
practices complained of may be permitted, in the discretion of the 453
person or persons conducting the hearing, to appear for the 454
presentation of oral or written arguments.455

       (E) In any hearing under division (B) of this section, the456
commission, a member of the commission, or the hearing examiner457
shall not be bound by the Rules of Evidence but, in ascertaining458
the practices followed by the respondent, shall take into account459
all reliable, probative, and substantial statistical or other460
evidence produced at the hearing that may tend to prove the461
existence of a predetermined pattern of employment or membership,462
provided that nothing contained in this section shall be construed 463
to authorize or require any person to observe the proportion that 464
persons of any race, color, religion, sex, military status,465
familial status, national origin, disability, age, or ancestry 466
bear to the total population or in accordance with any criterion 467
other than the individual qualifications of the applicant.468

       (F) The testimony taken at a hearing under division (B) of469
this section shall be under oath and shall be reduced to writing470
and filed with the commission. Thereafter, in its discretion, the 471
commission, upon the service of a notice upon the complainant and 472
the respondent that indicates an opportunity to be present, may 473
take further testimony or hear argument.474

       (G)(1) If, upon all reliable, probative, and substantial475
evidence presented at a hearing under division (B) of this476
section, the commission determines that the respondent has engaged 477
in, or is engaging in, any unlawful discriminatory practice, 478
whether against the complainant or others, the commission shall 479
state its findings of fact and conclusions of law and shall issue 480
and, subject to the provisions of Chapter 119. of the Revised 481
Code, cause to be served on the respondent an order requiring the 482
respondent to cease and desist from the unlawful discriminatory 483
practice, requiring the respondent to take any further affirmative 484
or other action that will effectuate the purposes of this chapter, 485
including, but not limited to, hiring, reinstatement, or upgrading 486
of employees with or without back pay, or admission or restoration 487
to union membership, and requiring the respondent to report to the 488
commission the manner of compliance. If the commission directs 489
payment of back pay, it shall make allowance for interim earnings. 490
If it finds a violation of division (H) of section 4112.02 of the 491
Revised Code, the commission additionally shall require the 492
respondent to pay actual damages and reasonable attorney's fees, 493
and may award to the complainant punitive damages as follows:494

       (a) If division (G)(1)(b) or (c) of this section does not495
apply, punitive damages in an amount not to exceed ten thousand496
dollars;497

       (b) If division (G)(1)(c) of this section does not apply and 498
if the respondent has been determined by a final order of the499
commission or by a final judgment of a court to have committed one 500
violation of division (H) of section 4112.02 of the Revised Code 501
during the five-year period immediately preceding the date on 502
which a complaint was issued pursuant to division (B) of this503
section, punitive damages in an amount not to exceed twenty-five504
thousand dollars;505

       (c) If the respondent has been determined by a final order of 506
the commission or by a final judgment of a court to have committed 507
two or more violations of division (H) of section 4112.02 of the 508
Revised Code during the seven-year period immediately preceding 509
the date on which a complaint was issued pursuant to division (B) 510
of this section, punitive damages in an amount not to exceed fifty 511
thousand dollars.512

       (2) Upon the submission of reports of compliance, the513
commission may issue a declaratory order stating that the514
respondent has ceased to engage in particular unlawful515
discriminatory practices.516

       (H) If the commission finds that no probable cause exists for 517
crediting charges of unlawful discriminatory practices or if, upon 518
all the evidence presented at a hearing under division (B) of this 519
section on a charge, the commission finds that a respondent has 520
not engaged in any unlawful discriminatory practice against the 521
complainant or others, it shall state its findings of fact and 522
shall issue and cause to be served on the complainant an order 523
dismissing the complaint as to the respondent. A copy of the order 524
shall be delivered in all cases to the attorney general and any 525
other public officers whom the commission considers proper.526

       (I) Until the time period for appeal set forth in division527
(H) of section 4112.06 of the Revised Code expires, the528
commission, subject to the provisions of Chapter 119. of the529
Revised Code, at any time, upon reasonable notice, and in the530
manner it considers proper, may modify or set aside, in whole or531
in part, any finding or order made by it under this section.532

       Section 2. That existing sections 4112.01 and 4112.05 of the 533
Revised Code are hereby repealed.534

       Section 3. Sections 1 and 2 of this act shall take effect on 535
October 1, 2009.536