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| To amend sections 111.16, 111.17, 1703.31, 1729.12, | 1 |
| 1746.06, 1782.63, 2305.10, and 4743.04 and to | 2 |
| enact sections 5903.21, 5903.22, 5903.23, 5903.24, | 3 |
| and 5903.25 of the Revised Code to establish the | 4 |
| Veterans Fee Waiver Program. | 5 |
| Section 1. That sections 111.16, 111.17, 1703.31, 1729.12, | 6 |
| 1746.06, 1782.63, 2305.10, and 4743.04 be amended and sections | 7 |
| 5903.21, 5903.22, 5903.23, 5903.24, and 5903.25 of the Revised | 8 |
| Code be enacted to read as follows: | 9 |
| Sec. 111.16. The secretary of state shall charge and | 10 |
| collect, for the benefit of the state, the following fees: | 11 |
| (A) For filing and recording articles of incorporation of a | 12 |
| domestic corporation, including designation of agent: | 13 |
| (1) Wherein the corporation shall not be authorized to issue | 14 |
| any shares of capital stock, one hundred twenty-five dollars; | 15 |
| (2) Wherein the corporation shall be authorized to issue | 16 |
| shares of capital stock, with or without par value: | 17 |
| (a) Ten cents for each share authorized up to and including | 18 |
| one thousand shares; | 19 |
| (b) Five cents for each share authorized in excess of one | 20 |
| thousand shares up to and including ten thousand shares; | 21 |
| (c) Two cents for each share authorized in excess of ten | 22 |
| thousand shares up to and including fifty thousand shares; | 23 |
| (d) One cent for each share authorized in excess of fifty | 24 |
| thousand shares up to and including one hundred thousand shares; | 25 |
| (e) One-half cent for each share authorized in excess of one | 26 |
| hundred thousand shares up to and including five hundred thousand | 27 |
| shares; | 28 |
| (f) One-quarter cent for each share authorized in excess of | 29 |
| five hundred thousand shares; provided no fee shall be less than | 30 |
| one hundred twenty-five dollars or greater than one hundred | 31 |
| thousand dollars. | 32 |
| (B) For filing and recording a certificate of amendment to or | 33 |
| amended articles of incorporation of a domestic corporation, or | 34 |
| for filing and recording a certificate of reorganization, a | 35 |
| certificate of dissolution, or an amendment to a foreign license | 36 |
| application: | 37 |
| (1) If the domestic corporation is not authorized to issue | 38 |
| any shares of capital stock, fifty dollars; | 39 |
| (2) If the domestic corporation is authorized to issue shares | 40 |
| of capital stock, fifty dollars, and in case of any increase in | 41 |
| the number of shares authorized to be issued, a further sum | 42 |
| computed in accordance with the schedule set forth in division | 43 |
| (A)(2) of this section less a credit computed in the same manner | 44 |
| for the number of shares previously authorized to be issued by the | 45 |
| corporation; provided no fee under division (B)(2) of this section | 46 |
| shall be greater than one hundred thousand dollars; | 47 |
| (3) If the foreign corporation is not authorized to issue any | 48 |
| shares of capital stock, fifty dollars; | 49 |
| (4) If the foreign corporation is authorized to issue shares | 50 |
| of capital stock, fifty dollars. | 51 |
| (C) For filing and recording articles of incorporation of a | 52 |
| savings and loan association, one hundred twenty-five dollars; and | 53 |
| for filing and recording a certificate of amendment to or amended | 54 |
| articles of incorporation of a savings and loan association, fifty | 55 |
| dollars; | 56 |
| (D) For filing and recording a certificate of conversion, | 57 |
| including a designation of agent, a certificate of merger, or a | 58 |
| certificate of consolidation, one hundred twenty-five dollars and, | 59 |
| in the case of any new corporation resulting from a consolidation | 60 |
| or any surviving corporation that has an increased number of | 61 |
| shares authorized to be issued resulting from a merger, an | 62 |
| additional sum computed in accordance with the schedule set forth | 63 |
| in division (A)(2) of this section less a credit computed in the | 64 |
| same manner for the number of shares previously authorized to be | 65 |
| issued or represented in this state by each of the corporations | 66 |
| for which a consolidation or merger is effected by the | 67 |
| certificate; | 68 |
| (E) For filing and recording articles of incorporation of a | 69 |
| credit union or the American credit union guaranty association, | 70 |
| one hundred twenty-five dollars, and for filing and recording a | 71 |
| certificate of increase in capital stock or any other amendment of | 72 |
| the articles of incorporation of a credit union or the | 73 |
| association, fifty dollars; | 74 |
| (F) For filing and recording articles of organization of a | 75 |
| limited liability company, for filing and recording an application | 76 |
| to become a registered foreign limited liability company, for | 77 |
| filing and recording a registration application to become a | 78 |
| domestic limited liability partnership, or for filing and | 79 |
| recording an application to become a registered foreign limited | 80 |
| liability partnership, one hundred twenty-five dollars; | 81 |
| (G) For filing and recording a certificate of limited | 82 |
| partnership or an application for registration as a foreign | 83 |
| limited partnership, or for filing an initial statement of | 84 |
| partnership authority pursuant to section 1776.33 of the Revised | 85 |
|
Code, one hundred twenty-five dollars | 86 |
| (H) For filing a copy of papers evidencing the incorporation | 87 |
| of a municipal corporation or of annexation of territory by a | 88 |
| municipal corporation, five dollars, to be paid by the municipal | 89 |
| corporation, the petitioners therefor, or their agent; | 90 |
| (I) For filing and recording any of the following: | 91 |
| (1) A license to transact business in this state by a foreign | 92 |
| corporation for profit pursuant to section 1703.04 of the Revised | 93 |
| Code or a foreign nonprofit corporation pursuant to section | 94 |
| 1703.27 of the Revised Code, one hundred twenty-five dollars; | 95 |
| (2) A biennial report or biennial statement pursuant to | 96 |
| section 1775.63, 1776.83, or 1785.06 of the Revised Code, | 97 |
| twenty-five dollars; | 98 |
| (3) Except as otherwise provided in this section or any other | 99 |
| section of the Revised Code, any other certificate or paper that | 100 |
| is required to be filed and recorded or is permitted to be filed | 101 |
| and recorded by any provision of the Revised Code with the | 102 |
| secretary of state, twenty-five dollars. | 103 |
| (J) For filing any certificate or paper not required to be | 104 |
| recorded, five dollars; | 105 |
| (K)(1) For making copies of any certificate or other paper | 106 |
| filed in the office of the secretary of state, a fee not to exceed | 107 |
| one dollar per page, except as otherwise provided in the Revised | 108 |
| Code, and for creating and affixing the seal of the office of the | 109 |
| secretary of state to any good standing or other certificate, five | 110 |
| dollars. For copies of certificates or papers required by state | 111 |
| officers for official purpose, no charge shall be made. | 112 |
| (2) For creating and affixing the seal of the office of the | 113 |
| secretary of state to the certificates described in division (E) | 114 |
| of section 1701.81, division (E) of section 1701.811, division (E) | 115 |
| of section 1705.38, division (E) of section 1705.381, division (D) | 116 |
| of section 1702.43, division (E) of section 1775.47, division (E) | 117 |
| of section 1775.55, division (E) of section 1776.70, division (E) | 118 |
| of section 1776.74, division (E) of section 1782.433, or division | 119 |
| (E) of section 1782.4310 of the Revised Code, twenty-five dollars. | 120 |
| (L) For a minister's license to solemnize marriages, ten | 121 |
| dollars; | 122 |
| (M) For examining documents to be filed at a later date for | 123 |
| the purpose of advising as to the acceptability of the proposed | 124 |
| filing, fifty dollars; | 125 |
| (N) Fifty dollars for filing and recording any of the | 126 |
| following: | 127 |
| (1) A certificate of dissolution and accompanying documents, | 128 |
| or a certificate of cancellation, under section 1701.86, 1702.47, | 129 |
| 1705.43, 1776.65, or 1782.10 of the Revised Code; | 130 |
| (2) A notice of dissolution of a foreign licensed corporation | 131 |
| or a certificate of surrender of license by a foreign licensed | 132 |
| corporation under section 1703.17 of the Revised Code; | 133 |
| (3) The withdrawal of registration of a foreign or domestic | 134 |
| limited liability partnership under section 1775.61, 1775.64, | 135 |
| 1776.81, or 1776.86 of the Revised Code, or the certificate of | 136 |
| cancellation of registration of a foreign limited liability | 137 |
| company under section 1705.57 of the Revised Code; | 138 |
| (4) The filing of a statement of denial under section 1776.34 | 139 |
| of the Revised Code, a statement of dissociation under section | 140 |
| 1776.57 of the Revised Code, a statement of disclaimer of general | 141 |
| partner status under Chapter 1782. of the Revised Code, or a | 142 |
| cancellation of disclaimer of general partner status under Chapter | 143 |
| 1782. of the Revised Code. | 144 |
| (O) For filing a statement of continued existence by a | 145 |
| nonprofit corporation, twenty-five dollars; | 146 |
| (P) For filing a restatement under section 1705.08 or 1782.09 | 147 |
| of the Revised Code, an amendment to a certificate of cancellation | 148 |
| under section 1782.10 of the Revised Code, an amendment under | 149 |
| section 1705.08 or 1782.09 of the Revised Code, or a correction | 150 |
| under section 1705.55, 1775.61, 1775.64, 1776.12, or 1782.52 of | 151 |
| the Revised Code, fifty dollars; | 152 |
| (Q) For filing for reinstatement of an entity cancelled by | 153 |
| operation of law, by the secretary of state, by order of the | 154 |
| department of taxation, or by order of a court, twenty-five | 155 |
| dollars; | 156 |
| (R) For filing and recording any of the following: | 157 |
| (1) A change of agent, resignation of agent, or change of | 158 |
| agent's address under section 1701.07, 1702.06, 1703.041, 1703.27, | 159 |
| 1705.06, 1705.55, 1746.04, 1747.03, 1776.07, or 1782.04 of the | 160 |
| Revised Code, twenty-five dollars; | 161 |
| (2) A multiple change of agent name or address, | 162 |
| standardization of agent address, or resignation of agent under | 163 |
| section 1701.07, 1702.06, 1703.041, 1703.27, 1705.06, 1705.55, | 164 |
| 1746.04, 1747.03, 1776.07, or 1782.04 of the Revised Code, one | 165 |
| hundred twenty-five dollars, plus three dollars per entity record | 166 |
| being changed, by the multiple agent update. | 167 |
| (S) For filing and recording any of the following: | 168 |
| (1) An application for the exclusive right to use a name or | 169 |
| an application to reserve a name for future use under section | 170 |
| 1701.05, 1702.05, 1703.31, 1705.05, or 1746.06 of the Revised | 171 |
| Code, fifty dollars; | 172 |
| (2) A trade name or fictitious name registration or report, | 173 |
| fifty dollars; | 174 |
| (3) An application to renew any item covered by division | 175 |
| (S)(1) or (2) of this section that is permitted to be renewed, | 176 |
| twenty-five dollars; | 177 |
| (4) An assignment of rights for use of a name covered by | 178 |
| division (S)(1), (2), or (3) of this section, the cancellation of | 179 |
| a name registration or name reservation that is so covered, or | 180 |
| notice of a change of address of the registrant of a name that is | 181 |
| so covered, twenty-five dollars. | 182 |
| (T) For filing and recording a report to operate a business | 183 |
| trust or a real estate investment trust, either foreign or | 184 |
| domestic, one hundred twenty-five dollars; and for filing and | 185 |
| recording an amendment to a report or associated trust instrument, | 186 |
| or a surrender of authority, to operate a business trust or real | 187 |
| estate investment trust, fifty dollars; | 188 |
| (U)(1) For filing and recording the registration of a | 189 |
| trademark, service mark, or mark of ownership, one hundred | 190 |
| twenty-five dollars; | 191 |
| (2) For filing and recording the change of address of a | 192 |
| registrant, the assignment of rights to a registration, a renewal | 193 |
| of a registration, or the cancellation of a registration | 194 |
| associated with a trademark, service mark, or mark of ownership, | 195 |
| twenty-five dollars. | 196 |
| (V) For filing a service of process with the secretary of | 197 |
| state, five dollars, except as otherwise provided in any section | 198 |
| of the Revised Code. | 199 |
| Fees specified in this section may be paid by cash, check, or | 200 |
| money order, by credit card in accordance with section 113.40 of | 201 |
| the Revised Code, or by an alternative payment program in | 202 |
| accordance with division (B) of section 111.18 of the Revised | 203 |
| Code. Any credit card number or the expiration date of any credit | 204 |
| card is not subject to disclosure under Chapter 149. of the | 205 |
| Revised Code. | 206 |
| The fees specified in divisions (A), (F), (G), and (S) of | 207 |
| this section are subject to sections 5903.21 to 5903.25 of the | 208 |
| Revised Code relating to the veterans fee waiver program. | 209 |
| Sec. 111.17. The secretary of state shall not file or record | 210 |
| articles of incorporation or consolidation, certificates, or other | 211 |
| papers referred to in section 111.16 of the Revised Code unless | 212 |
| the fee has been paid or the fee is waived under the veterans fee | 213 |
| waiver program under sections 5903.21 to 5903.25 of the Revised | 214 |
| Code. | 215 |
| Sec. 1703.31. (A) Any foreign corporation may register its | 216 |
| corporate name, if its corporate name is available for use under | 217 |
| division (D) of section 1703.04 of the Revised Code, by filing in | 218 |
| the office of the secretary of state an application, on a form | 219 |
| prescribed by the secretary of state, that contains the following | 220 |
| information: | 221 |
| (1) The exact corporate name to be registered; | 222 |
| (2) The complete address of the principal office of the | 223 |
| corporation; | 224 |
| (3) The jurisdiction of its incorporation; | 225 |
| (4) The date of its incorporation; | 226 |
| (5) A statement that it is carrying on or doing business; | 227 |
| (6) The general nature of the business in which it is | 228 |
| engaged; | 229 |
| (7) Any other information required by the secretary of state. | 230 |
| The application shall be signed and verified by an officer of | 231 |
| the applicant. | 232 |
| The application shall be accompanied by a certificate stating | 233 |
| that the corporation is in good standing under the laws of the | 234 |
| jurisdiction of its incorporation, which certificate shall be | 235 |
| executed by the official of the jurisdiction having custody of the | 236 |
| records pertaining to corporations and dated not earlier than | 237 |
| sixty days prior to the filing of the application. | 238 |
| The filing fee specified in division (S)(1) of section 111.16 | 239 |
| of the Revised Code shall accompany the application unless the fee | 240 |
| is waived under the veterans fee waiver program under sections | 241 |
| 5903.21 to 5903.25 of the Revised Code. | 242 |
| (B) Registration of a corporate name under this section is | 243 |
| effective for a term of one year from the date of registration. | 244 |
| Upon application, on a form prescribed by the secretary of state, | 245 |
| filed with the secretary of state prior to the expiration of each | 246 |
| one-year term, the registration may be renewed for an additional | 247 |
| term. The renewal application shall set forth the facts required | 248 |
| to be set forth in the original application for registration, | 249 |
| together with a certificate of good standing as required for the | 250 |
| initial registration. | 251 |
| The secretary of state shall notify registrants within the | 252 |
| three months before the expiration of one year from the date of | 253 |
| registration of the necessity of renewal by writing to the | 254 |
| principal office address of the registrants as shown upon the | 255 |
| current registration in effect. | 256 |
| The renewal fee specified in division (S)(3) of section | 257 |
| 111.16 of the Revised Code, payable to the secretary of state, | 258 |
| shall accompany the application for renewal of the registration. | 259 |
| Sec. 1729.12. (A) For filing articles of incorporation or a | 260 |
| certificate of amendment of articles or a certificate of merger, | 261 |
| consolidation, division, or dissolution, and with respect to the | 262 |
| issuance of shares of stock, an association organized under this | 263 |
| chapter shall pay to the secretary of state the fees imposed by | 264 |
| section 111.16 of the Revised Code unless a fee is waived under | 265 |
| the veterans fee waiver program under sections 5903.21 to 5903.25 | 266 |
| of the Revised Code. In the case of a certificate of division, the | 267 |
| filing fee shall be the same as for a certificate of merger or | 268 |
| consolidation. | 269 |
| (B) When the articles of incorporation, or a certificate of | 270 |
| amendment of articles, or a certificate of merger, consolidation, | 271 |
| conversion, division, or dissolution is filed with the secretary | 272 |
| of state, the secretary of state shall, if the articles or | 273 |
| certificate complies with this chapter, endorse approval thereon, | 274 |
| the date of filing, a file number, and make a legible copy thereof | 275 |
| by any authorized method. The original or a copy of the articles | 276 |
| or certificate, certified by the secretary of state, shall be | 277 |
| returned to the person filing the articles or certificate. | 278 |
| (C) All persons shall have the opportunity to acquire a copy | 279 |
| of the articles and other certificates filed and recorded in the | 280 |
| office of the secretary of state, but no person dealing with the | 281 |
| association shall be charged with constructive notice of the | 282 |
| contents of any such articles or certificates by reason of the | 283 |
| filing or recording. | 284 |
| Sec. 1746.06. (A) No business trust that has made a filing | 285 |
| pursuant to section 1746.04 of the Revised Code may use the words | 286 |
| "Incorporated," "Corporation," "Inc.," "Co.," "Partnership," | 287 |
| "Ltd.," or derivatives thereof in its name. | 288 |
| (B) No business trust formed after the effective date of this | 289 |
| chapter that has made a filing pursuant to section 1746.04 of the | 290 |
| Revised Code shall assume the name of any corporation established | 291 |
| under the laws of this state, or of a corporation, firm, or | 292 |
| association, or trust whether or not as defined in section 1746.01 | 293 |
| of the Revised Code, or of an individual, carrying on business in | 294 |
| this state at the time when the business trust is created, or | 295 |
| assume a name so similar thereto as to be likely to be mistaken | 296 |
| for it, except with the written consent of such existing | 297 |
| corporation, firm, association, or trust, or of such individual, | 298 |
| previously or concurrently filed with the secretary of state. | 299 |
| (C) The secretary of state shall refuse to receive for filing | 300 |
| the trust instrument of a business trust if it appears to the | 301 |
| secretary of state to have violated any provision of this section. | 302 |
| The courts of common pleas of this state shall have jurisdiction, | 303 |
| upon the application of any person interested or affected, to | 304 |
| enjoin a business trust from transacting business under any name | 305 |
| in violation of any provision of this section, notwithstanding | 306 |
| that the trust instrument of such business trust has been received | 307 |
| for filing under section 1746.04 of the Revised Code. | 308 |
| (D) Any person who wishes to reserve a name for a proposed | 309 |
| new business trust, or any business trust intending to change its | 310 |
| name, may submit to the secretary of state a written application | 311 |
| for the exclusive right to use a specified name as the name of a | 312 |
| business trust. If the secretary of state finds that, under this | 313 |
| section, the specified name is available for such use, the | 314 |
| secretary of state shall indorse the secretary of state's approval | 315 |
| upon and file such application and, from the date of such | 316 |
| indorsement, such applicant shall have the exclusive right for one | 317 |
| hundred eighty days to use the specified name as the name of a | 318 |
| business trust, counting the date of such indorsement as the first | 319 |
| of the one hundred eighty days. The right so obtained may be | 320 |
| transferred by the applicant or other holder thereof by the filing | 321 |
| in the office of the secretary of state of a written transfer | 322 |
| stating the name and address of the transferee. For filing any | 323 |
| application for the exclusive right to use a specified name under | 324 |
| this division, the secretary of state shall charge and collect the | 325 |
| fee specified in division (S)(1) of section 111.16 of the Revised | 326 |
| Code unless the fee is waived under the veterans fee waiver | 327 |
| program under sections 5903.21 to 5903.25 of the Revised Code. For | 328 |
| each filing of a transfer of the right to an exclusive name under | 329 |
| this division, the secretary of state shall charge and collect the | 330 |
| fee specified in division (S)(4) of section 111.16 of the Revised | 331 |
| Code. | 332 |
| (E) Any business trust that has not made the filings | 333 |
| described under section 1746.04 of the Revised Code may submit to | 334 |
| the secretary of state a written application for the exclusive | 335 |
| right to use a specified name as the name of such business trust. | 336 |
| If the secretary of state finds that, under this section, the | 337 |
| specified name is available for such use, the secretary of state | 338 |
| shall indorse the secretary of state's approval upon and file such | 339 |
| application and, from the date of such indorsement, such applicant | 340 |
| has the exclusive right to use the specified name for the period | 341 |
| that it transacts business. The right so obtained may be | 342 |
| transferred by the applicant or other holder thereof by the filing | 343 |
| in the office of the secretary of state of a written transfer | 344 |
| stating the name and address of the transferee. For filing an | 345 |
| application for the exclusive right to use a specified name under | 346 |
| this division, the secretary of state shall charge and collect the | 347 |
| fee specified in division (S)(1) of section 111.16 of the Revised | 348 |
| Code unless the fee is waived under the veterans fee waiver | 349 |
| program under sections 5903.21 to 5903.25 of the Revised Code. | 350 |
| Sec. 1782.63. (A)(1) Each limited partnership existing prior | 351 |
| to July 1, 1994, and each foreign limited partnership registered | 352 |
| pursuant to sections 1782.49 and 1782.50 of the Revised Code prior | 353 |
| to that date shall file, on a form prescribed by the secretary of | 354 |
| state, a certificate of limited partnership and an application for | 355 |
| registration as a foreign limited partnership, respectively, with | 356 |
| the secretary of state as follows: | 357 |
| (a) Each limited partnership with a name beginning with the | 358 |
| letter A, B, C, D, E, or F shall so file with the secretary of | 359 |
| state on or before June 30, 1995; | 360 |
| (b) Each limited partnership with a name beginning with the | 361 |
| letter G, H, I, J, K, L, or M shall so file with the secretary of | 362 |
| state on or before December 31, 1995; | 363 |
| (c) Each limited partnership with a name beginning with the | 364 |
| letter N, O, P, Q, R, or S shall so file with the secretary of | 365 |
| state on or before June 30, 1996; | 366 |
| (d) Each limited partnership with a name beginning with the | 367 |
| letter T, U, V, W, X, Y, or Z shall so file with the secretary of | 368 |
| state on or before December 31, 1996; | 369 |
| (e) If a limited partnership's name begins with a character | 370 |
| other than a letter of the English alphabet, the first letter of | 371 |
| the English alphabet that appears in the limited partnership's | 372 |
| name shall be considered the beginning of its name for purposes of | 373 |
| divisions (A)(1)(a) to (d) of this section and the limited | 374 |
| partnership shall so file with the secretary of state in | 375 |
| accordance with the applicable provision of divisions (A)(1)(a) to | 376 |
| (d) of this section. | 377 |
| (2) Any limited partnership that files a certificate of | 378 |
| limited partnership or an application for registration as a | 379 |
| foreign limited partnership is subject to the payment of filing | 380 |
| fees in accordance with division (G) of section 111.16 of the | 381 |
| Revised Code unless the fee is waived under the veterans fee | 382 |
| waiver program under sections 5903.21 to 5903.25 of the Revised | 383 |
| Code. | 384 |
| (3) A limited partnership that is required by divisions | 385 |
| (A)(1)(a) to (e) of this section to file any document with the | 386 |
| secretary of state and that has not done so by the time required | 387 |
| for the filing may not maintain any action, suit, or proceeding in | 388 |
| any court of this state until it has filed the required document. | 389 |
| The failure of a limited partnership to make the required filing | 390 |
| does not impair the validity of any contract or act of the limited | 391 |
| partnership or prevent it from defending any action, suit, or | 392 |
| proceeding in any court of this state. A limited partner of a | 393 |
| limited partnership is not liable as a general partner of the | 394 |
| limited partnership or otherwise liable for obligations of the | 395 |
| partnership solely by reason of the partnership having transacted | 396 |
| business in this state without making the filing required by | 397 |
| divisions (A)(1)(a) to (e) of this section. | 398 |
| (B) If a surviving domestic limited partnership that has not | 399 |
| filed a certificate of limited partnership pursuant to division | 400 |
| (A) of this section results from a merger on and after July 1, | 401 |
| 1994, the partnership shall include a copy of its certificate of | 402 |
| limited partnership with its certificate of merger or | 403 |
| consolidation filed pursuant to section 1782.433 of the Revised | 404 |
| Code. Upon filing of the certificate of limited partnership in | 405 |
| accordance with this division, the surviving domestic limited | 406 |
| partnership shall be deemed to be in compliance with division (A) | 407 |
| of this section. | 408 |
| (C) A limited partnership that is formed under this chapter | 409 |
| or governed by this chapter pursuant to section 1782.61 of the | 410 |
| Revised Code and that is in existence on July 1, 1994, shall be | 411 |
| governed by this chapter, as amended by the act in which this | 412 |
| section was enacted, except that the amendments to section 1782.28 | 413 |
| of the Revised Code made by that act and the repeal of section | 414 |
| 1782.38 of the Revised Code by that act shall not affect the | 415 |
| rights of any person who extended credit to a limited partnership | 416 |
| prior to July 1, 1994, but only to the extent of credit extended | 417 |
| before such date. | 418 |
| (D) The amendments to this chapter made by the act in which | 419 |
| this section was enacted do not affect a claim, action, or | 420 |
| proceeding that is accrued, existing, incurred, or pending on or | 421 |
| before July 1, 1994, but the claim, action, or proceeding may be | 422 |
| asserted, enforced, prosecuted, or defended as if those amendments | 423 |
| had not been made. | 424 |
| Sec. 2305.10. (A) Except as provided in division (C) or (E) | 425 |
| of this section, an action based on a product liability claim and | 426 |
| an action for bodily injury or injuring personal property shall be | 427 |
| brought within two years after the cause of action accrues. Except | 428 |
| as provided in divisions (B)(1), (2), (3), (4), and (5) of this | 429 |
| section, a cause of action accrues under this division when the | 430 |
| injury or loss to person or property occurs. | 431 |
| (B)(1) For purposes of division (A) of this section, a cause | 432 |
| of action for bodily injury that is not described in division | 433 |
| (B)(2), (3), (4), or (5) of this section and that is caused by | 434 |
| exposure to hazardous or toxic chemicals, ethical drugs, or | 435 |
| ethical medical devices accrues upon the date on which the | 436 |
| plaintiff is informed by competent medical authority that the | 437 |
| plaintiff has an injury that is related to the exposure, or upon | 438 |
| the date on which by the exercise of reasonable diligence the | 439 |
| plaintiff should have known that the plaintiff has an injury that | 440 |
| is related to the exposure, whichever date occurs first. | 441 |
| (2) For purposes of division (A) of this section, a cause of | 442 |
| action for bodily injury caused by exposure to chromium in any of | 443 |
| its chemical forms accrues upon the date on which the plaintiff is | 444 |
| informed by competent medical authority that the plaintiff has an | 445 |
| injury that is related to the exposure, or upon the date on which | 446 |
| by the exercise of reasonable diligence the plaintiff should have | 447 |
| known that the plaintiff has an injury that is related to the | 448 |
| exposure, whichever date occurs first. | 449 |
| (3) For purposes of division (A) of this section, a cause of | 450 |
| action for bodily injury incurred by a veteran through exposure to | 451 |
| chemical defoliants or herbicides or other causative agents, | 452 |
| including agent orange, accrues upon the date on which the | 453 |
| plaintiff is informed by competent medical authority that the | 454 |
| plaintiff has an injury that is related to the exposure, or upon | 455 |
| the date on which by the exercise of reasonable diligence the | 456 |
| plaintiff should have known that the plaintiff has an injury that | 457 |
| is related to the exposure, whichever date occurs first. | 458 |
| (4) For purposes of division (A) of this section, a cause of | 459 |
| action for bodily injury caused by exposure to diethylstilbestrol | 460 |
| or other nonsteroidal synthetic estrogens, including exposure | 461 |
| before birth, accrues upon the date on which the plaintiff is | 462 |
| informed by competent medical authority that the plaintiff has an | 463 |
| injury that is related to the exposure, or upon the date on which | 464 |
| by the exercise of reasonable diligence the plaintiff should have | 465 |
| known that the plaintiff has an injury that is related to the | 466 |
| exposure, whichever date occurs first. | 467 |
| (5) For purposes of division (A) of this section, a cause of | 468 |
| action for bodily injury caused by exposure to asbestos accrues | 469 |
| upon the date on which the plaintiff is informed by competent | 470 |
| medical authority that the plaintiff has an injury that is related | 471 |
| to the exposure, or upon the date on which by the exercise of | 472 |
| reasonable diligence the plaintiff should have known that the | 473 |
| plaintiff has an injury that is related to the exposure, whichever | 474 |
| date occurs first. | 475 |
| (C)(1) Except as otherwise provided in divisions (C)(2), (3), | 476 |
| (4), (5), (6), and (7) of this section or in section 2305.19 of | 477 |
| the Revised Code, no cause of action based on a product liability | 478 |
| claim shall accrue against the manufacturer or supplier of a | 479 |
| product later than ten years from the date that the product was | 480 |
| delivered to its first purchaser or first lessee who was not | 481 |
| engaged in a business in which the product was used as a component | 482 |
| in the production, construction, creation, assembly, or rebuilding | 483 |
| of another product. | 484 |
| (2) Division (C)(1) of this section does not apply if the | 485 |
| manufacturer or supplier of a product engaged in fraud in regard | 486 |
| to information about the product and the fraud contributed to the | 487 |
| harm that is alleged in a product liability claim involving that | 488 |
| product. | 489 |
| (3) Division (C)(1) of this section does not bar an action | 490 |
| based on a product liability claim against a manufacturer or | 491 |
| supplier of a product who made an express, written warranty as to | 492 |
| the safety of the product that was for a period longer than ten | 493 |
| years and that, at the time of the accrual of the cause of action, | 494 |
| has not expired in accordance with the terms of that warranty. | 495 |
| (4) If the cause of action relative to a product liability | 496 |
| claim accrues during the ten-year period described in division | 497 |
| (C)(1) of this section but less than two years prior to the | 498 |
| expiration of that period, an action based on the product | 499 |
| liability claim may be commenced within two years after the cause | 500 |
| of action accrues. | 501 |
| (5) If a cause of action relative to a product liability | 502 |
| claim accrues during the ten-year period described in division | 503 |
| (C)(1) of this section and the claimant cannot commence an action | 504 |
| during that period due to a disability described in section | 505 |
| 2305.16 of the Revised Code, an action based on the product | 506 |
| liability claim may be commenced within two years after the | 507 |
| disability is removed. | 508 |
| (6) Division (C)(1) of this section does not bar an action | 509 |
| for bodily injury caused by exposure to asbestos if the cause of | 510 |
| action that is the basis of the action accrues upon the date on | 511 |
| which the plaintiff is informed by competent medical authority | 512 |
| that the plaintiff has an injury that is related to the exposure, | 513 |
| or upon the date on which by the exercise of reasonable diligence | 514 |
| the plaintiff should have known that the plaintiff has an injury | 515 |
| that is related to the exposure, whichever date occurs first. | 516 |
| (7)(a) Division (C)(1) of this section does not bar an action | 517 |
| based on a product liability claim against a manufacturer or | 518 |
| supplier of a product if all of the following apply: | 519 |
| (i) The action is for bodily injury. | 520 |
| (ii) The product involved is a substance or device described | 521 |
| in division (B)(1), (2), (3), or (4) of this section. | 522 |
| (iii) The bodily injury results from exposure to the product | 523 |
| during the ten-year period described in division (C)(1) of this | 524 |
| section. | 525 |
| (b) If division (C)(7)(a) of this section applies regarding | 526 |
| an action, the cause of action accrues upon the date on which the | 527 |
| claimant is informed by competent medical authority that the | 528 |
| bodily injury was related to the exposure to the product, or upon | 529 |
| the date on which by the exercise of reasonable diligence the | 530 |
| claimant should have known that the bodily injury was related to | 531 |
| the exposure to the product, whichever date occurs first. The | 532 |
| action based on the product liability claim shall be commenced | 533 |
| within two years after the cause of action accrues and shall not | 534 |
| be commenced more than two years after the cause of action | 535 |
| accrues. | 536 |
| (D) This section does not create a new cause of action or | 537 |
| substantive legal right against any person involving a product | 538 |
| liability claim. | 539 |
| (E) An action brought by a victim of childhood sexual abuse | 540 |
| asserting any claim resulting from childhood sexual abuse, as | 541 |
| defined in section 2305.111 of the Revised Code, shall be brought | 542 |
| as provided in division (C) of that section. | 543 |
| (F) As used in this section: | 544 |
| (1) " | 545 |
| Veteran" has the same | 546 |
| the Revised Code. | 547 |
| (2) "Ethical drug," "ethical medical device," "manufacturer," | 548 |
| "product," "product liability claim," and "supplier" have the same | 549 |
| meanings as in section 2307.71 of the Revised Code. | 550 |
| (3) "Harm" means injury, death, or loss to person or | 551 |
| property. | 552 |
| (G) This section shall be considered to be purely remedial in | 553 |
| operation and shall be applied in a remedial manner in any civil | 554 |
| action commenced on or after April 7, 2005, in which this section | 555 |
| is relevant, regardless of when the cause of action accrued and | 556 |
| notwithstanding any other section of the Revised Code or prior | 557 |
| rule of law of this state, but shall not be construed to apply to | 558 |
| any civil action pending prior to April 7, 2005. | 559 |
| Sec. 4743.04. (A) The renewal of a license or other | 560 |
| authorization to practice a trade or profession issued under Title | 561 |
| XLVII of the Revised Code is subject to the provisions of section | 562 |
| 5903.10 of the Revised Code relating to service in the armed | 563 |
| forces of the United States or a reserve component of the armed | 564 |
| forces of the United States, including the Ohio national guard or | 565 |
| the national guard of any other state. | 566 |
| (B) Continuing education requirements applicable to the | 567 |
| licensees under Title XLVII of the Revised Code are subject to the | 568 |
| provisions of section 5903.12 of the Revised Code relating to | 569 |
| active duty military service. | 570 |
| (C) A department, agency, or office of this state or of any | 571 |
| political subdivision of this state that issues a license or | 572 |
| certificate to practice a trade or profession may, pursuant to | 573 |
| rules adopted by the department, agency, or office, issue a | 574 |
| temporary license or certificate to practice the trade or | 575 |
| profession to a person whose spouse is on active military duty in | 576 |
| this state. | 577 |
| (D) The issuance of a license or other authorization to | 578 |
| practice a trade or profession issued under Title XLVII of the | 579 |
| Revised Code is subject to the provisions of section 5903.03 of | 580 |
| the Revised Code relating to service in the armed forces of the | 581 |
| United States or a reserve component of the armed forces of the | 582 |
| United States, including the Ohio national guard or the national | 583 |
| guard of any other state. | 584 |
| (E) The issuance of a license or other authorization to | 585 |
| practice a trade or profession issued under Title XLVII of the | 586 |
| Revised Code is subject to sections 5903.21 to 5903.25 of the | 587 |
| Revised Code relating to the veterans fee waiver program. | 588 |
| Sec. 5903.21. As used in sections 5902.21 to 5903.25 of the | 589 |
| Revised Code: | 590 |
| "Armed forces" means the armed forces of the United States, | 591 |
| including the army, navy, air force, marine corps, coast guard, or | 592 |
| any reserve components of those forces; the national guard of any | 593 |
| state; the commissioned corps of the United States public health | 594 |
| service; the merchant marine service during wartime; such other | 595 |
| service as may be designated by congress; or the Ohio organized | 596 |
| militia when engaged in full-time national guard duty for a period | 597 |
| of more than thirty days. | 598 |
| "Document" means articles of incorporation of a domestic | 599 |
| corporation, including designation of agent; articles of | 600 |
| organization of a limited liability company; a registration | 601 |
| application to become a domestic limited liability partnership; a | 602 |
| certificate of limited partnership; an application for the | 603 |
| exclusive right to use a name; an application to reserve a name | 604 |
| for future use; and a trade name or fictitious name registration | 605 |
| or report. | 606 |
| "License" means a license, certificate, permit, or other | 607 |
| authorization issued or conferred by a licensing agency under | 608 |
| which a recipient may operate a business within a profession or | 609 |
| occupation. | 610 |
| "Licensing agency" means any state department, division, | 611 |
| board, commission, agency, or other state governmental unit | 612 |
| authorized by the Revised Code to issue a license. | 613 |
| "Merchant marine" includes the United States army transport | 614 |
| service and the United States naval transport service. | 615 |
| "Veteran" means any person who has completed service in the | 616 |
| armed forces, including the national guard of any state, or a | 617 |
| reserve component of the armed forces, who has been discharged | 618 |
| under honorable conditions from the armed forces or who has been | 619 |
| transferred to the reserve with evidence of satisfactory service. | 620 |
| Sec. 5903.22. The department of veterans services shall | 621 |
| establish and maintain the veterans fee waiver program. | 622 |
| As a function of the program, the department shall, upon | 623 |
| receiving a request for verification from the secretary of state | 624 |
| or a licensing agency, verify for the secretary of state or | 625 |
| licensing agency whether or not an individual who claims a fee | 626 |
| waiver is eligible to receive the fee waiver. The department shall | 627 |
| respond to a request for verification within thirty days after | 628 |
| receiving the request. | 629 |
| Sec. 5903.23. To be eligible to receive a fee waiver under | 630 |
| the veterans fee waiver program, an individual shall satisfy all | 631 |
| of the following conditions that apply to the individual: | 632 |
| (A) The individual is a resident of the state; | 633 |
| (B) The individual is a veteran and provides documentation to | 634 |
| the secretary of state or licensing agency indicating the | 635 |
| individual is a veteran; | 636 |
| (C) The individual has not received previously a fee waiver | 637 |
| under the program; | 638 |
| (D) If applying for a license, the individual is applying for | 639 |
| an initial license; and | 640 |
| (E) If applying for a license, the individual is an owner of | 641 |
| a business and is applying for a license to operate that business. | 642 |
| Sec. 5903.24. (A) The secretary of state shall prescribe a | 643 |
| form on which an individual who is charged a fee under division | 644 |
| (A), (F), (G), or (S) of section 111.16 of the Revised Code may | 645 |
| claim a fee waiver under the veterans fee waiver program. Upon | 646 |
| receiving a form claiming eligibility for a fee waiver, the | 647 |
| secretary of state shall request the department to verify whether | 648 |
| the individual is eligible for a fee waiver under the program. The | 649 |
| secretary of state shall provide to the department the | 650 |
| documentation provided by the individual that indicates the | 651 |
| individual is a veteran. | 652 |
| If the department verifies the individual is eligible for a | 653 |
| fee waiver, the secretary of state shall waive the fee for the | 654 |
| document. The amount waived by the secretary of state under this | 655 |
| section may not exceed one hundred twenty-five dollars. | 656 |
| (B) A licensing agency shall provide, on its license | 657 |
| application or applications, an opportunity for an individual to | 658 |
| claim the individual is eligible to receive a fee waiver under the | 659 |
| veterans fee waiver program. | 660 |
| After receiving an application that includes a claim of | 661 |
| eligibility for a fee waiver, the licensing agency shall request | 662 |
| the department of veterans services to verify whether the | 663 |
| applicant is eligible for a fee waiver under the program. The | 664 |
| licensing agency shall provide to the department the documentation | 665 |
| provided by the individual that indicates the individual is a | 666 |
| veteran. | 667 |
| If the department verifies the applicant is eligible for a | 668 |
| fee waiver, the licensing agency shall waive the fee for the | 669 |
| license. | 670 |
| Sec. 5903.25. The department of veterans services shall | 671 |
| provide information on its web site about the veterans fee waiver | 672 |
| program. The web site shall include a list of the licenses and | 673 |
| documents for which a fee waiver may be used and shall state which | 674 |
| licensing agency to contact to receive a fee waiver for a license, | 675 |
| or, in the case of a document, shall direct the user to the | 676 |
| secretary of state. | 677 |
| Each licensing agency shall provide information on its web | 678 |
| site about the veterans fee waiver program and shall include a | 679 |
| list of the licenses the licensing agency issues that are eligible | 680 |
| for a fee waiver under the program. | 681 |
| The secretary of state shall provide information on its web | 682 |
| site about the veterans fee waiver program and shall include a | 683 |
| list of documents for which a fee waiver may be used under the | 684 |
| program. | 685 |
| Section 2. That existing sections 111.16, 111.17, 1703.31, | 686 |
| 1729.12, 1746.06, 1782.63, 2305.10, and 4743.04 of the Revised | 687 |
| Code are hereby repealed. | 688 |