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|
As Passed by the House
123rd General Assembly
Regular Session
1999-2000 | Am. H. B. No. 264 |
REPRESENTATIVES SALERNO-SUTTON-ALLEN-BARRETT-BENDER-BOYD-BRITTON-
CLANCY-EVANS-FLANNERY-FORD-GOODMAN-HARTNETT-JAMES-JONES-
LUCAS-METELSKY-MOTTLEY-MYERS-OLMAN-OPFER-PRINGLE-SULLIVAN-
SULZER-SYKES-TAYLOR-TERWILLEGER-WILLAMOWSKI-WILLIAMS-YOUNG-
BARNES-AUSTRIA-DAMSCHRODER-THOMAS-DePIERO-VERICH-PATTON-CORE-
WOMERBENJAMIN-TIBERI-HOUSEHOLDER-PADGETT-PERRY-LOGAN
A BILL
To amend sections 124.93, 125.111, 153.59, 175.05, 175.06,
176.04, 176.06, 306.43, 717.01, 1501.012, 2927.03, 3781.111,
4112.01, 4112.02, 4112.021, 4112.022, 4112.04, 4112.05, 4112.08,
4117.19, 4735.16, 4735.55, 4757.07, 5119.61,
and 5123.351 of the
Revised Code to substitute the term "disability" for the term
"handicap" in the law pertaining to the Ohio Civil Rights
Commission and certain other related
laws.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 124.93, 125.111, 153.59, 175.05,
175.06, 176.04, 176.06, 306.43, 717.01, 1501.012, 2927.03,
3781.111, 4112.01, 4112.02, 4112.021, 4112.022, 4112.04,
4112.05, 4112.08, 4117.19, 4735.16, 4735.55, 4757.07, 5119.61,
and 5123.351 of the Revised Code be amended to read as follows:
Sec. 124.93. (A) As used in this section, "physician"
means any person who holds a valid certificate to practice
medicine and surgery or osteopathic medicine and surgery issued
under Chapter 4731. of the Revised Code.
(B) No health insuring corporation
that, on or after
July 1,
1993, enters into or renews a
contract with the department of administrative services under
section 124.82 of the Revised Code shall, because of a
physician's race, color, religion, sex, national origin,
handicap DISABILITY AS DEFINED IN SECTION 4112.01 of the Revised Code, age, or
ancestry, SHALL refuse to contract with that
physician for the provision of health care services under that
section 124.82 of the Revised Code.
Any health insuring corporation that
violates this division is deemed to have engaged in an unlawful discriminatory
practice as defined in section 4112.02 of the Revised Code and is
subject to Chapter 4112. of the Revised Code.
(C) Each health insuring corporation
that, on or after
July 1, 1993,
enters into or renews a
contract with the department of administrative services under
section 124.82 of the Revised Code and that refuses to contract
with a physician for the provision of health care services under
that section shall provide that physician with a written notice
that clearly explains the reason or reasons for the refusal. The
notice shall be sent to the physician by regular mail within
thirty days after the refusal.
Any health insuring corporation that
fails to provide notice in compliance with this division is deemed to have
engaged in an unfair and deceptive act or practice in the business of
insurance as defined in section 3901.21 of the Revised Code and
is subject to sections 3901.19 to 3901.26 of the Revised Code.
Sec. 125.111. (A) Every contract for or on behalf of the
state or any of its political subdivisions for any purchase shall
contain provisions similar to those required by section 153.59 of
the Revised Code in the case of construction contracts by which
the contractor agrees to both of the following:
(1) That, in the hiring of employees for the performance of
work under the contract or any subcontract, no contractor or
subcontractor shall, by reason of race, color, religion, sex,
age, handicap DISABILITY AS DEFINED IN SECTION 4112.01 of the Revised Code,
national origin, or ancestry, SHALL discriminate against
any citizen of this state in the employment of a person qualified
and available to perform the work to which the contract relates;
(2) That no contractor, subcontractor, or any person
acting on behalf of any contractor or subcontractor shall, in any
manner, SHALL discriminate against, intimidate, or retaliate against
any employee hired for the performance of work under the contract
on account of race, color, religion, sex, age, handicap DISABILITY
AS DEFINED IN SECTION 4112.01 of the Revised Code, national
origin, or ancestry.
(B) All contractors from whom the state or any of its
political subdivisions make purchases shall have a written
affirmative action program for the employment and effective
utilization of economically disadvantaged persons, as defined in
section 122.71 of the Revised Code. Annually, each such
contractor shall file a description of the affirmative action
program and a progress report on its implementation with the Ohio
civil rights commission and the minority business development
office established under section 122.92 of the Revised Code.
Sec. 153.59. Every contract for or on behalf of the state,
or any township, county, or municipal corporation thereof OF THE
STATE, for
the construction, alteration, or repair of any public building or
public work in the state shall contain provisions by which the
contractor agrees TO BOTH OF THE FOLLOWING:
(A) That, in the hiring of employees for the performance of
work under this THE contract or any subcontract, no contractor,
subcontractor, or any person acting on his A CONTRACTOR'S OR
SUBCONTRACTOR'S behalf shall, by
reason of race, creed, sex, handicap DISABILITY AS DEFINED IN
SECTION 4112.01 of the Revised Code, or color, SHALL discriminate
against any citizen of the state in the employment of labor or
workers who is qualified and available to perform the work to
which the employment relates;
(B) That no contractor, subcontractor, nor OR any person on
his A CONTRACTOR'S OR SUBCONTRACTOR'S behalf shall, in
any
manner, SHALL discriminate against or
intimidate any employee hired for the performance of work under
this THE contract on account of race, creed, sex,
handicap DISABILITY AS
DEFINED IN SECTION 4112.01 of the Revised Code, or color;
(C) The department of administrative services shall ensure
that no capital moneys appropriated by the general assembly for
any purpose shall be expended unless the project for which such
THOSE
moneys are appropriated provides for an affirmative action
program for the employment and effective utilization of
disadvantaged persons whose disadvantage may arise from cultural,
racial, or ethnic background, or other similar cause, including,
without limitation BUT NOT LIMITED TO, race, religion, sex,
handicap DISABILITY AS DEFINED IN SECTION 4112.01 of the Revised Code, national
origin, or ancestry.
In awarding contracts for capital improvement projects, the
department shall ensure that equal consideration be given to
contractors, subcontractors, or joint venturers who qualify as a
minority business enterprise. As used in this section, "minority
business enterprise" means a business enterprise that is owned or
controlled by one or more socially or economically disadvantaged
persons who are residents of this state. "Socially or
economically disadvantaged persons" means persons, regardless of
marital status, who are members of groups whose disadvantage may
arise from discrimination on the basis of race, religion, sex,
handicap DISABILITY AS DEFINED IN SECTION 4112.01 of the Revised Code, national
origin, or ancestry, or other similar cause.
Such persons include, but are not limited to, Negroes, Puerto
Ricans, Spanish-speaking Americans, American Indians, Eskimos,
and Aleuts.
Sec. 175.05. (A) The Ohio housing finance agency may
purchase, and contract to purchase, mortgage loans or other
evidence of debt from lending institutions upon the terms and
conditions that the agency shall determine, and all lending
institutions are authorized to sell to, or otherwise obtain
mortgage loans as agent for, the agency in accordance with this
chapter.
(B) The agency may provide in agreements with lending
institutions and in loan documents requirements applicable to the
purchase of mortgage loans to carry out the purposes of this
chapter, including, but not limited to, the following:
(1) Qualifications of lending institutions from which
mortgage loans may be acquired;
(2) The time periods within which lending institutions
must make commitments for, originate, and close mortgage loans,
and deliver them for purchase;
(3) The location and other characteristics of
single-family residential housing to be financed by mortgage
loans;
(4) The terms and conditions of mortgage loans to be
purchased;
(5) The amounts and types of insurance coverage required
on single-family residential housing and mortgage loans;
(6) The representations and warranties to be required of
lending institutions, private insurers, and other parties;
(7) Restrictions as to interest rates and other terms of
mortgage loans and the net effective interest rate on the
mortgage loans;
(8) The type and amount of collateral security to be
provided to assure repayment of any mortgage loan.
(C) The agency shall include in agreements with lending
institutions requirements applicable to the purchase of mortgage
loans or other evidence of debt as the agency considers necessary
or desirable in order to ensure that the single-family
residential housing financed by the mortgage loans is safe and
sanitary.
(D)(1) In connection with the issuance of any issue of bonds
to provide funds to purchase mortgage loans or other evidence of
debt, the agency shall provide for the reasonable availability of
the funds on an equitable, statewide basis, and without
discrimination by reason of race, color, ancestry, national
origin, religion, sex, familial status, as defined in section
4112.01 of the Revised Code, or handicap, DISABILITY as defined
in that
section. Except as otherwise provided in division
(D)(2) of this section, the agency shall provide for making not
less than
twenty per cent of the moneys for mortgage loans from each issue
of bonds available for not less than one year for mortgage loans
in targeted areas as described in section 143(j) of the Internal
Revenue Code, including areas of chronic economic distress as
designated and confirmed under division (F) of this
section. The
agency shall solicit commitments from all qualified lending
institutions and shall accord priorities to commitments proffered
for mortgage loans up to amounts for each county which bear the
same ratio to the moneys from the bond issue available for
mortgage loans as the population of that county bears to the
population of the state, using the most recent available
statewide census data as determined by the agency. The
priorities shall be accorded for periods determined by the agency
and subject to availabilities to be accorded to targeted areas
and areas of chronic economic distress, and, within the
priorities, the agency may establish priorities for stated
purposes including, but not limited to, for new construction,
rehabilitation, or home improvements, as the agency may determine
upon consideration of any preferences that may be indicated from
the local community. Any amounts given the priorities which
THAT are
not claimed by commitments, origination of loans, or loan
closings within the time prescribed by the agency may be
reallocated in a manner that places the maximum amount of the
funds on an equitable basis and that achieves THE broadest
distribution to the extent practical, as the agency may determine
or authorize to be determined. If two or more qualified lending
institutions commit for aggregate amounts in excess of
allocations, the agency shall accept commitments in amounts
adjusted on an equitable basis, as it determines, subject to
minimums prescribed by the agency and consideration of the
efficiency of placement of the moneys in mortgage loans. All
allocations made by or pursuant to authorization by the agency
shall be conclusive.
(2) The requirement of division (D)(1) of this section
that funds be allocated on a county-by-county basis according to population
does not apply to the allocation of funds for new construction if the agency
determines that there is an imbalance of statewide demand for funds for new
construction. The agency shall take reasonable measures to invite statewide
demand for such funds before making the determination, and such invitation
shall remain open for a period of not less than thirty days before the
determination is made. If the agency determines that the requirement does not
apply, it shall allocate the funds for new construction on an equitable basis
among all of the counties in which a demand is expressed.
(E) The agency is the sole entity in the state authorized
to issue bonds for the purpose of financing purchase, other than
lease-purchase, of single-family residential housing, and the
agency is hereby authorized to issue the bonds up to the full
amount permitted to be issued in the state by law.
(F) The director of development may designate areas within
the state as areas of chronic economic distress within the
meaning of section 143(j) of the Internal Revenue Code, the
designation to be confirmed by the agency or, if not so
confirmed, revised and resubmitted by the director to the agency
for confirmation.
(G) Lending institutions are authorized to comply with
requirements pursuant to this section notwithstanding other
restrictions in law or rules.
(H)(1) If any applicant for a mortgage loan under this
section has reason to believe that the applicant's
application was denied
unlawfully, the applicant may appeal the action to the agency
within thirty
days after the applicant's application is denied. The
applicant shall take
an appeal by filing a notice of appeal with the agency. The
notice of appeal shall set forth the name and address of the
applicant, the name and address of the lending institution, the
grounds upon which the applicant believes that his THE
application was unlawfully denied, and any other information that the agency
requires by rule. A copy of the application shall be attached to
the notice of appeal.
(2) Upon an appeal, the agency shall issue an order,
pursuant to an adjudication conducted in accordance with Chapter
119. of the Revised Code, affirming the denial of the application
or ordering the lending institution to grant the application.
Any party who is adversely affected by the issuance of an
adjudication order under this division may appeal to the court of
common pleas of the county in which the application was made in
accordance with section 119.12 of the Revised Code.
Sec. 175.06. (A) The Ohio housing finance agency may
make, and contract to make, loans to, or through, lending
institutions to finance the acquisition, construction,
improvement, and rehabilitation of multifamily residential
housing on terms and conditions that the agency shall determine,
and all. ALL lending institutions are authorized to borrow
from the
agency in accordance with this section, provided that a separate
issue of bonds may be authorized for loans to, or through,
lending institutions with respect to multifamily residential
housing that shares a common site, ownership, and security
interest, and constitutes a single multifamily residential
housing project.
(B) The agency may purchase, and contract to purchase,
from lending institutions loans or other evidence of debt to
finance the acquisition, construction, improvement, and
rehabilitation of multifamily residential housing on terms and
conditions that the agency shall determine, and all lending
institutions are authorized to sell the loans to the agency in
accordance with this section.
(C) The agency shall require, as a condition of each loan
made to, or through, a lending institution pursuant to this
section, that the lending institution use the loan proceeds to
make new loans in an aggregate principal amount at least equal to
the amount of the loan to finance the acquisition, construction,
improvement, and rehabilitation of multifamily residential
housing.
(D) The agency also shall require that the owners of
multifamily residential housing, the acquisition, construction,
improvements, or rehabilitation of which is financed by loans
purchased by the agency, or with the proceeds of loans made by
the agency pursuant to this section, demonstrate to the
satisfaction of the agency that the multifamily residential
housing is safe and sanitary, and the occupants of the
multifamily residential housing will benefit from the savings in
the cost of money to the lending institutions and the owners
resulting from the loans or proceeds from them. Determinations
by the agency with respect to those matters shall be deemed
conclusive.
(E) The interest rate or rates and other terms of loans
made or purchased by the agency pursuant to this section with the
proceeds of any issue of bonds, together with any other moneys
available for the payment of the bonds and the interest on them,
including reserve funds, shall be at least sufficient to assure
the payment of the bonds and the interest on them as they become
due.
(F) The agency may require that each lending institution
receiving a loan pursuant to this section shall issue and deliver
to the agency an evidence of its indebtedness to the agency which
shall bear the date or dates, shall mature at the time or times,
shall be subject to prepayment, and shall contain any other
provisions consistent with this chapter that the agency shall
determine.
(G) The agency may require that loans made pursuant to
this section shall be secured as to payment of both principal and
interest by a pledge of any collateral security that the agency
shall determine to be necessary to assure the payment of the
loans and the interest on them as they become due.
(H) The agency may require that any collateral for loans
made pursuant to this section be deposited with a bank, trust
company, or other financial institution acceptable to the agency
located in the state and designated by the agency as custodian
for the collateral. In the absence of that requirement, each
lending institution shall enter into an agreement with the agency
containing any provisions that the agency considers necessary to
do all of the following:
(1) Adequately identify and maintain the collateral;
(2) Service the collateral;
(3) Require the lending institution to hold the collateral
as an agent for the agency and be accountable to the agency as
the trustee of an express trust for the application and
disposition of it and the income from it.
The agency also may establish any additional requirements
that it considers necessary with respect to the pledging,
assigning, setting aside, or holding of collateral, the making of
substitutions for it or additions to it, and the disposition of
income and receipts from it.
(I) The agency may require as a condition of each loan
made to a lending institution pursuant to this section that the
lending institution, within the period after receipt of the loan
proceeds that the agency may prescribe, shall have entered into
written commitments to make, and, within the period thereafter
that the agency may prescribe, shall have disbursed the loan
proceeds in new loans. The new loans shall have any terms and
conditions that the agency may prescribe.
(J) The agency may require as a condition of any loans
made to, made through, or purchased from lending institutions
pursuant to this section any representations and warranties that
it shall determine to be necessary to secure the loans and carry
out the purpose of this chapter.
(K) The agency may provide in agreements with lending
institutions and in loan documents requirements applicable to the
purchase of loans pursuant to this section, including, but not
limited to, the following:
(1) Qualifications of lending institutions from which
loans may be purchased;
(2) The time period within which lending institutions must
make commitments for and originate loans and deliver them for
purchase;
(3) The location and characteristics of multifamily
residential housing to be financed by loans;
(4) The terms and conditions of loans to be purchased;
(5) The amounts and types of insurance coverage required
on multifamily residential housing, loans, and bonds;
(6) The type and amount of collateral security to be
provided to assure repayment of any loan or bonds.
(L) The agency shall require provision to be made for
making available to eligible families of low and moderate income
not less than that percentage of units in a multifamily
residential housing project financed under this section as
provided for in section 142(d) of the Internal Revenue Code, and
that all of those units be made available without discrimination
by reason of race, color, ancestry, national origin, religion,
sex, familial status, as defined in section 4112.01 of the
Revised Code, or handicap, DISABILITY as defined in that
section.
(M) Lending institutions and owners and developers are
authorized to comply with requirements pursuant to this section
and section 176.05 of the Revised Code notwithstanding any other
restrictions in law or rules.
Sec. 176.04. (A) No municipal corporation, county, or
township shall issue general obligations pursuant to section
133.51 of the Revised Code or expend moneys raised by taxation to
provide, or assist in providing, housing pursuant to Section 16
of Article VIII, Ohio Constitution, unless the municipal
corporation, county, or township has done all of the following:
(1) Established or designated a housing advisory board
pursuant to section 176.01 of the Revised Code, or entered into
an agreement pursuant to section 176.02 of the Revised Code for
the service of a housing advisory board established by one or
more other subdivisions;
(2) At least thirty days prior to approval of it by the
legislative authority of the municipal corporation, county, or
township, submitted to the housing advisory board for review,
comments, and recommendations, a comprehensive housing
affordability strategy for the municipal corporation, county, or
township developed under the "Cranston-Gonzalez National
Affordable Housing Act," 104 Stat. 4079 (1990), Pub. Law
NO. 101-625,
or other state or local comprehensive plan for the development
and maintenance of affordable housing within the boundaries of
the municipal corporation, county, or township.
Approval of the plan by the legislative authority may be
effective for a period of one to five years. No submission of an
amended plan is required unless the submitted description of the
purposes for which any part of those moneys are proposed to be
applied is intended to be, or raise a reasonable concern that it
might be construed to be, inconsistent with the existing plan.
(3) Submitted to the housing advisory board a written
description of the purposes to which the proceeds of the proposed
general obligations or the moneys raised by taxation are proposed
to be applied, and allowed at least fifteen days to elapse during
which the housing advisory board may review the submitted
description and advise the municipal corporation, county, or
township in accordance with division (D) of this section. For
purposes of this section, the written description of the purposes
to which the moneys raised by taxation are proposed to be applied
may be submitted annually to the housing advisory board prior to
the adoption of the annual appropriation measure pursuant to
section 5705.38 of the Revised Code.
(B) No municipal corporation, county, or township shall
issue general obligations pursuant to section 133.51 of the
Revised Code to provide, or assist in providing, housing pursuant
to Section 16 of Article VIII, Ohio Constitution, unless the
municipal legislative authority, the board of county
commissioners, or the board of township trustees has
substantially complied with each of the following requirements:
(1) Analyzed the anticipated impact of the purposes to
which the proceeds of the proposed general obligations are to be
applied upon existing housing patterns in the municipal
corporation, county, or township;
(2) Submitted to the housing advisory board serving it a
fair housing impact statement summarizing the analysis undertaken
under division (B)(1) of this section and conclusions from that
analysis;
(3) Submitted to the housing advisory board serving it a
plan for affirmative marketing to persons, regardless of marital
status, who are members of groups that may be disadvantaged by
discrimination on the basis of race, religion, sex, handicap
DISABILITY AS DEFINED IN SECTION 4112.01 of the Revised Code,
national origin, ancestry, children, or other similar cause or
who traditionally would not be expected to apply for housing at
the location proposed to be benefited by the proceeds of the
prosposed PROPOSED general obligations.
(C) No approval of a housing advisory board shall be
required for issuance of general obligations pursuant to section
133.51 of the Revised Code or any proposed expenditure of moneys
raised by taxation to provide, or assist in providing, housing
pursuant to Section 16 of Article VIII, Ohio Constitution.
(D) The matters on which a housing advisory board shall
advise the subdivisions it serves shall include the following:
(1) The consistency of a project or program with the plan
submitted under division (A)(2) of this section;
(2) The extent to which any project or program to which
the proceeds of the proposed general obligations or the moneys
raised by taxation are proposed to be applied may displace
households that consequently may need relocation assistance;
(3) The length of time for which projects to which the
proceeds of the proposed general obligations or the moneys raised
by taxation are proposed to be applied will remain affordable to
any targeted income group;
(4) The extent to which any lending program is available,
in whole or in part, from private lenders upon reasonably
equivalent terms and conditions.
Sec. 176.06. Each municipal corporation, county, and
township shall compile and make available, in accordance with
this section, to the public for inspection and copying for a
period of five years the number and total dollar amount of
mortgage loans that were originated, for which completed
applications were received and applicants were rejected, and that
were purchased by that municipal corporation, county, or township
during each fiscal year. Information regarding each of the
mortgage loan categories listed above shall be itemized to
clearly and conspicuously disclose the following:
(A) The number and dollar amount of mortgage loans insured
under Title II of the "National Housing Act," 48 Stat. 1246
(1934), 12 U.S.C.A. 1707 et seq., or under Title V of the
"Housing Act of 1949," 63 Stat. 413, 432, 42 U.S.C.A. 1471 et
seq., or guaranteed under the "Veterans' Loan Act," 58 Stat. 284
(1944), 38 U.S.C.A. 1801 et seq.;
(B) The number and dollar amount of mortgage loans made to
mortgagors who did not, at the time of execution of the mortgage,
intend to reside in the property securing the mortgage loan.;
(C) The number and dollar amount of home improvement
loans.;
(D) The number and dollar amount of mortgage loans
involving mortgagors or mortgage applicants grouped according to
census tract, income level, race, color, religion, sex, ancestry,
handicap DISABILITY AS DEFINED IN SECTION 4112.01 of the Revised Code, and
national origin.
The information described in this section shall be made
available to the public in raw data form and updated quarterly.
Within four months after the end of each fiscal year, each
municipal corporation, county, and township shall submit to the
president of the senate and the speaker of the house of
representatives a report containing the information described in
this section for the immediately preceding fiscal year.
As used in this section, "mortgage loan" has the same
meaning as in section 175.01 of the Revised Code.
Sec. 306.43. (A) The board of trustees of a regional
transit authority or any officer or employee designated by such
board may make any contract for the purchase of goods or
services, the cost of which does not exceed twenty-five thousand
dollars. When an expenditure, other than for the acquisition of
real estate, the discharge of claims, or the acquisition of goods
or services under the circumstances described in division (H) of
this section, is expected to exceed twenty-five thousand dollars,
such expenditure shall be made through full and open competition
by the use of competitive procedures. The regional transit
authority shall use the competitive procedure, as set forth in
divisions (B), (C), (D), and (E) of this section, that is most
appropriate under the circumstances of the procurement.
(B) Competitive sealed bidding is the preferred method of
procurement and a regional transit authority shall use that
method if all of the following conditions exist:
(1) A clear, complete and adequate description of the
goods, services, or work is available;
(2) Time permits the solicitation, submission, and
evaluation of sealed bids;
(3) The award will be made on the basis of price and other
price-related factors;
(4) It is not necessary to conduct discussions with
responding offerors about their bids;
(5) There is a reasonable expectation of receiving more
than one sealed bid.
A regional transit authority shall publish a notice calling
for bids once a week for no less than two consecutive weeks in at
least one newspaper of general circulation within the territorial
boundaries of the regional transit authority. A regional transit
authority may require that a bidder for any contract other than a
construction contract provide a bid guaranty in the form,
quality, and amount considered appropriate by the regional
transit authority. The board may let the contract to the lowest
responsive and responsible bidder. Where fewer than two
responsive bids are received, a regional transit authority may
negotiate price with the sole responsive bidder or may rescind
the solicitation and procure under division (H)(2) of this
section.
(C) A regional transit authority may use two-step
competitive bidding, consisting of a technical proposal and a
separate, subsequent sealed price bid from those submitting
acceptable technical proposals, if both of the following
conditions exist:
(1) A clear, complete, and adequate description of the
goods, services, or work is not available, but definite criteria
exist for the evaluation of technical proposals;
(2) It is necessary to conduct discussions with responding
offerors.
A regional transit authority shall publish a notice calling
for technical proposals once a week for no less than two
consecutive weeks in at least one newspaper of general
circulation within the territorial boundaries of the regional
transit authority. A regional transit authority may require a
bid guaranty in the form, quality, and amount the regional
transit authority considers appropriate. The board may let the
contract to the lowest responsive and responsible bidder. Where
fewer than two responsive and responsible bids are received, a
regional transit authority may negotiate price with the sole
responsive and responsible bidder or may rescind the solicitation
and procure under division (H)(2) of this section.
(D) A regional transit authority shall make a procurement
by competitive proposals if competitive sealed bidding or
two-step competitive bidding is not appropriate.
A regional transit authority shall publish a notice calling
for proposals once a week for no less than two consecutive weeks
in at least one newspaper of general circulation within the
territorial boundaries of the regional transit authority. A
regional transit authority may require a proposal guaranty in the
form, quality, and amount considered appropriate by the regional
transit authority. The board may let the contract to the
proposer making the offer considered most advantageous to the
authority. Where fewer than two competent proposals are
received, a regional transit authority may negotiate price and
terms with the sole proposer or may rescind the solicitation and
procure under division (H)(2) of this section.
(E)(1) A regional transit authority shall procure the
services of an architect or engineer in the manner prescribed by
the "Federal Mass Transportation Act of 1987," Public Law
NO. 100-17,
section 316, 101 Stat. 227, 232-234, 49 U.S.C.A. app. 1608 and
the services of a construction manager in the manner prescribed
by sections 9.33 to 9.332 of the Revised Code.
(2) A regional transit authority may procure revenue
rolling stock in the manner prescribed by division (B), (C), or
(D) of this section.
(3) All contracts for construction in excess of
twenty-five thousand dollars shall be made only after the
regional transit authority has published a notice calling for
bids once a week for two consecutive weeks in at least one
newspaper of general circulation within the territorial
boundaries of the regional transit authority. The board may
award a contract to the lowest responsive and responsible bidder.
Where only one responsive and responsible bid is received, the
regional transit authority may negotiate price with the sole
responsive bidder or may rescind the solicitation. The regional
transit authority shall award construction contracts in
accordance with sections 153.12 to 153.14 and 153.54 of the
Revised Code. Divisions (B) and (C) of this section shall not
apply to the award of contracts for construction.
(F) All contracts involving expenditures in excess of
twenty-five thousand dollars shall be in writing and shall be
accompanied by or shall refer to plans and specifications for the
work to be done. The plans and specifications shall at all times
be made and considered part of the contract. For all contracts
other than construction contracts, a regional transit authority
may require performance, payment, or maintenance guaranties or
any combination of such guaranties in the form, quality, and
amount it considers appropriate. The contract shall be approved
by the board and signed on behalf of the regional transit
authority and by the contractor.
(G) In making a contract, a regional transit authority may
give preference to goods produced in the United States in
accordance with the Buy America requirements in the "Surface
Transportation Assistance Act of 1982," Public Law NO.
97-424,
section 165, 96 Stat. 2097, 23 U.S.C.A. 101 note, as amended, and
the rules adopted thereunder. The regional transit authority
also may give preference to providers of goods produced in and
services provided in labor surplus areas as defined by the United
States department of labor in 41 U.S.C.A. 401 note, Executive
Order No. 12073, August 16, 1978, 43 Fed. Reg. 36873, as amended.
(H) Competitive procedures under this section are not
required in any of the following circumstances:
(1) The board of trustees of a regional transit authority,
by a two-thirds affirmative vote of its members, determines that
a real and present emergency exists under any of the following
conditions, and the board enters its determination and the
reasons for it in its proceedings:
(a) Affecting safety, welfare, or the ability to deliver
transportation services;
(b) Arising out of an interruption of contracts essential
to the provision of daily transit services;
(c) Involving actual physical damage to structures,
supplies, equipment, or property.
(2) The purchase consists of goods or services, or any
combination thereof, and after reasonable inquiry the board or
any officer or employee the board designates finds that only one
source of supply is reasonably available.
(3) The expenditure is for a renewal or renegotiation of a
lease or license for telecommunications or electronic data
processing equipment, services, or systems, or for the upgrade of
such equipment, services, or systems, or for the maintenance
thereof as supplied by the original source or its successors or
assigns.
(4) The purchase of goods or services is made from another
political subdivision, public agency, public transit system,
regional transit authority, the state, or the federal government,
or as a third-party beneficiary under a state or federal
procurement contract, or as a participant in a department of
administrative services contract under division (B) of section
125.04 of the Revised Code.
(5) The sale and leaseback or lease and leaseback of transit
facilities is made as provided in
division (AA) of section 306.35
of the Revised Code.
(6) The purchase substantially involves services of a
personal, professional, highly technical, or scientific nature,
including but not limited to the services of an attorney,
physician, surveyor, appraiser, investigator, court reporter,
adjuster, advertising consultant, or licensed broker, or involves
the special skills or proprietary knowledge required for the
servicing of specialized equipment owned by the regional transit
authority.
(7) Services or supplies are available from a qualified
nonprofit agency pursuant to sections 4115.31 to 4115.35 of the
Revised Code.
(8) The purchase consists of the product or services of a
public utility.
(9) The purchase is for the services of individuals
with handicaps DISABILITIES to work in the authority's
commissaries or cafeterias,
and those individuals are supplied by a nonprofit corporation or
association
whose purpose is to assist individuals with handicaps
DISABILITIES, whether or
not that
organization CORPORATION or association is funded entirely or in
part by the
federal
government, or the purchase is for services provided by a nonprofit
corporation or association whose purpose is to assist individuals with
handicaps DISABILITIES, whether or not that organization
CORPORATION or association is funded entirely
or in part by the federal government. For purposes of division
(G)(H)(9) of this section, "handicap DISABILITY"
has the same meaning as in section 4112.01 of the Revised Code.
(I) A regional transit authority may enter into blanket
purchase agreements for purchases of maintenance, operating, or
repair goods or services where the item cost does not exceed five
hundred dollars and the annual expenditure does not exceed
twenty-five thousand dollars.
(J) Nothing contained in this section prohibits a regional
transit authority from participating in intergovernmental
cooperative purchasing arrangements.
(K) Except as otherwise provided in this chapter, a
regional transit authority shall make a sale or other disposition
of property through full and open competition. Except as
provided in division (L) of this section, all dispositions of
personal property and all grants of real property for terms
exceeding five years shall be made by public auction or
competitive procedure.
(L) The competitive procedures required by division (K) of
this section are not required in any of the following
circumstances:
(1) The grant is a component of a joint development
between public and private entities and is intended to enhance or
benefit public transit.
(2) The grant of a limited use or of a license affecting
land is made to an owner of abutting real property.
(3) The grant of a limited use is made to a public
utility.
(4) The grant or disposition is to a department of the
federal or state government, to a political subdivision of the
state, or to any other governmental entity.
(5) Used equipment is traded on the purchase of equipment
and the value of the used equipment is a price-related factor in
the basis for award for the purchase.
(6) The value of the personal property is such that
competitive procedures are not appropriate and the property
either is sold at its fair market value or is disposed of by gift
to a nonprofit entity having the general welfare or education of
the public as one of its principal objects.
(M) The board of trustees of a regional transit authority,
when making a contract funded exclusively by state or local
moneys or any combination thereof, shall make a good faith effort
to use disadvantaged business enterprise participation to the
same extent required under Section 105(f) of the "Surface
Transportation Assistance Act of 1982," Public Law NO.
97-424, 96
Stat. 2100, and Section 106(c) of the "Surface Transportation and
Uniform Relocation Assistance Act of 1987," Public Law
NO. 100-17,
101 Stat. 145, and the rules adopted thereunder.
(N) As used in this section:
(1) "Goods" means all things, including specially
manufactured goods, that are movable at the time of
identification to the contract for sale other than the money in
which the price is to be paid, investment securities, and things
in action. "Goods" also includes other identified things
attached to realty as described in section 1302.03 of the Revised
Code.
(2) "Services" means the furnishing of labor, time, or
effort by a contractor, not involving the delivery of goods or
reports other than goods or reports that are merely incidental to
the required performance, including but not limited to insurance,
bonding, or routine operation, routine repair, or routine
maintenance of existing structures, buildings, real property, or
equipment, but does not include employment agreements, collective
bargaining agreements, or personal services.
(3) "Construction" means the process of building,
altering, repairing, improving, painting, decorating, or
demolishing any structure or building, or other improvements of
any kind to any real property owned or leased by a regional
transit authority.
(4) "Full and open competition" has the same meaning as in
the "Office of Federal Procurement Policy Act," Public Law
NO.
98-369, section 2731, 98 Stat. 1195 (1984), 41 U.S.C.A. 403.
(5) A bidder is "responsive" if, applying the criteria of
division (A) of section 9.312 of the Revised Code, the bidder is
"responsive" as described in that section.
(6) A bidder is "responsible" if, applying the criteria of
division (A) of section 9.312 of the Revised Code and of the
"Office of Federal Procurement Policy Act," Public Law
NO. 98-369,
section 2731, 98 Stat. 1195 (1984), 41 U.S.C.A. 403, the bidder
is "responsible" as described in those sections.
Sec. 717.01. Each municipal corporation may do any of the
following:
(A) Acquire by purchase or condemnation real estate with
or without buildings on it, and easements or interests in real
estate;
(B) Extend, enlarge, reconstruct, repair, equip, furnish,
or improve a building or improvement that it is authorized to
acquire or construct;
(C) Erect a crematory or provide other means for disposing
of garbage or refuse, and erect public comfort stations;
(D) Purchase turnpike roads and make them free;
(E) Construct wharves and landings on navigable waters;
(F) Construct infirmaries, workhouses, prisons, police
stations, houses of refuge and correction, market houses, public
halls, public offices, municipal garages, repair shops, storage
houses, and warehouses;
(G) Construct or acquire waterworks for supplying water to
the municipal corporation and its inhabitants and extend the
waterworks system outside of the municipal corporation limits;
(H) Construct or purchase gas works or works for the
generation and transmission of electricity, for the supplying of
gas or electricity to the municipal corporation and its
inhabitants;
(I) Provide grounds for cemeteries or crematories, enclose
and embellish them, and construct vaults or crematories;
(J) Construct sewers, sewage disposal works, flushing
tunnels, drains, and ditches;
(K) Construct free public libraries and reading rooms, and
free recreation centers;
(L) Establish free public baths and municipal lodging
houses;
(M) Construct monuments or memorial buildings to
commemorate the services of soldiers, sailors, and marines of the
state and nation;
(N) Provide land for and improve parks, boulevards, and
public playgrounds;
(O) Construct hospitals and pesthouses;
(P) Open, construct, widen, extend, improve, resurface, or
change the line of any street or public highway;
(Q) Construct and improve levees, dams, waterways,
waterfronts, and embankments and improve any watercourse passing
through the municipal corporation;
(R) Construct or improve viaducts, bridges, and culverts;
(S)(1) Construct any building necessary for the police or
fire department;
(2) Purchase fire engines or fire boats;
(3) Construct water towers or fire cisterns;
(4) Place underground the wires or signal apparatus of any
police or fire department;.
(T) Construct any municipal ice plant for the purpose of
manufacturing ice for the citizens of a municipal corporation;
(U) Construct subways under any street or boulevard or
elsewhere;
(V) Acquire by purchase, gift, devise, bequest, lease,
condemnation proceedings, or otherwise, real or personal
property, and thereon and thereof to establish, construct,
enlarge, improve, equip, maintain, and operate airports, landing
fields, or other air navigation facilities, either within or
outside the limits of a municipal corporation, and acquire by
purchase, gift, devise, lease, or condemnation proceedings
rights-of-way for connections with highways, waterways, and
electric, steam, and interurban railroads, and improve and equip
such facilities with structures necessary or appropriate for such
purposes. No municipal corporation may take or disturb property
or facilities belonging to any public utility or to a common
carrier engaged in interstate commerce, which property or
facilities are required for the proper and convenient operation
of the utility or carrier, unless provision is made for the
restoration, relocation, or duplication of the property or
facilities elsewhere at the sole cost of the municipal
corporation.
(W) Provide by agreement with any regional airport
authority, created under section 308.03 of the Revised Code, for
the making of necessary surveys, appraisals, and examinations
preliminary to the acquisition or construction of any airport or
airport facility and pay the portion of the expense of the
surveys, appraisals, and examinations as set forth in the
agreement;
(X) Provide by agreement with any regional airport
authority, created under section 308.03 of the Revised Code, for
the acquisition, construction, maintenance, or operation of any
airport or airport facility owned or to be owned and operated by
the regional airport authority or owned or to be owned and
operated by the municipal corporation and pay the portion of the
expense of it as set forth in the agreement;
(Y) Acquire by gift, purchase, lease, or condemnation,
land, forest, and water rights necessary for conservation of
forest reserves, water parks, or reservoirs, either within or
without the limits of the municipal corporation, and improve and
equip the forest and water parks with structures, equipment, and
reforestation necessary or appropriate for any purpose for the
utilization of any of the forest and water benefits that may
properly accrue therefrom to the municipal corporation;
(Z) Acquire real property by purchase, gift, or devise and
construct and maintain on it public swimming pools, either within
or outside the limits of the municipal corporation;
(AA) Construct or rehabilitate, equip, maintain, operate,
and lease facilities for housing of elderly persons and for
persons of low and moderate income, and appurtenant facilities.
No municipal corporation shall deny housing accommodations to or
withhold housing accommodations from elderly persons or persons
of low and moderate income because of race, color, religion, sex,
familial status, as defined in section 4112.01 of the Revised
Code, handicap, DISABILITY as defined in that section,
ancestry, or
national origin. Any elderly person or person of low or moderate
income who is denied housing accommodations or has them withheld
by a municipal corporation because of race, color, religion, sex,
familial status, as defined in section 4112.01 of the Revised
Code, handicap, DISABILITY as defined in that section, ancestry,
or national
origin may file a charge with the Ohio civil rights commission as
provided in Chapter 4112. of the Revised Code.
(BB) Acquire, rehabilitate, and develop rail property or
rail service, and enter into agreements with the Ohio
rail development commission, boards of county commissioners, boards of
township trustees, legislative authorities of other municipal
corporations, with other governmental agencies or organizations,
and with private agencies or organizations in order to achieve
those purposes;
(CC) Appropriate and contribute money to a soil and water
conservation district for use under Chapter 1515. of the Revised
Code;
(DD) Authorize the board of county commissioners, pursuant
to a contract authorizing the action, to contract on the
municipal corporation's behalf for the administration and
enforcement within its jurisdiction of the state building code by
another county or another municipal corporation located within or
outside the county. The contract for administration and
enforcement shall provide for obtaining certification pursuant to
division (E) of section 3781.10 of the Revised Code for the
exercise of administration and enforcement authority within the
municipal corporation seeking those services and shall specify
which political subdivision is responsible for securing that
certification.
(EE) Expend money for providing and maintaining services
and facilities for senior citizens.
"Airport," "landing field," and "air navigation facility,"
as defined in section 4561.01 of the Revised Code, apply to
division (V) of this section.
As used in divisions (W) and (X) of this section, "airport"
and "airport facility" have the same meanings as in section
308.01 of the Revised Code.
As used in division (BB) of this section, "rail property"
and "rail service" have the same meanings as in section 4981.01
of the Revised Code.
Sec. 1501.012. (A) The director of natural resources may
lease lands in state parks, as defined in section 1501.07 of the
Revised Code, and contract for the construction and operation of
public service facilities, as mentioned in that section, and for
major renovation or remodeling of existing public service
facilities by the lessees on those lands. If the director
determines that doing so would be consistent with long-range
planning of the department of natural resources and in the best
interests of the department and the division of parks and
recreation in the department, the director shall negotiate
and execute a
lease and contract for those purposes in accordance with this
chapter except as otherwise provided in this section.
(B) With the approval of the recreation and resources
council created under section 1501.04 of the Revised
Code, the
director shall draft a statement of intent describing any public
service facility that the department wishes to have constructed
in accordance with this section and establishing a procedure for
the submission of proposals for providing the facility,
including, without limitation BUT NOT LIMITED TO, a requirement
that each
prospective bidder or lessee of land shall submit with the
proposal a completed questionnaire and financial statement, on
forms prescribed and furnished by the department, to enable the
department to ascertain the person's financial worth and
experience in maintaining and operating facilities similar or
related to the public service facility in question. The
completed questionnaire and financial statement shall be verified
under oath by the prospective bidder or lessee. Questionnaires
and financial statements submitted under this division are
confidential and are not open to public inspection. Nothing in
this division shall be construed to prevent use of or reference
to questionnaires and financial statements in a civil action or
criminal prosecution commenced by the state.
The director shall publish the statement of intent in at
least three daily newspapers of general circulation in the state
at least once each week for four consecutive weeks. The
director shall then SHALL accept proposals in response to the
statement of
intent for
at least thirty days following the final publication of the
statement. At the end of the period during which proposals may
be submitted under this division, the director shall select the
proposal that the director determines best complies with the
statement of intent and may negotiate a lease and contract with the person
that submitted that proposal.
(C) Any lease and contract negotiated under this section
shall include in its terms and conditions ALL OF THE FOLLOWING:
(1) The legal description of the leasehold;
(2) The duration of the lease and contract, which shall
not exceed forty years, and a requirement that the lease and
contract be nonrenewable;
(3) A requirement that the lessee maintain in full force
and effect during the term of the lease and contract
comprehensive liability insurance for injury, death, or loss to
persons or property and fire casualty insurance for the public
service facility and all its structures in an amount established
by the director and naming the department as an additional
insured;
(4) A requirement that the lessee maintain in full force
and effect suitable performance bonds or other adequate security
pertaining to the construction and operation of the public
service facility;
(5) Detailed plans and specifications controlling the
construction of the public service facility that shall include ALL OF THE
FOLLOWING:
(a) The size and capacity of the facility;
(b) The type and quality of construction;
(c) Such other OTHER criteria as THAT the
department considers
necessary and advisable.
(6) The manner of rental payment;
(7) A stipulation that the director shall have control and
supervision over ALL OF THE FOLLOWING:
(a) The operating season of the public service facility;
(b) The facility's hours of operation;
(c) The maximum rates to be charged guests using the
facility;
(d) The facility's sanitary conditions;
(e) The quality of food and service furnished the guests
of the facility;
(f) The lessee's general and structural maintenance
responsibilities at the facility.
(8) The disposition of the leasehold and improvements at
the expiration of the lease and contract;
(9) A requirement that the public service facility be
available to all members of the public without regard to sex,
race, color, creed, ancestry, national origin, or handicap
DISABILITY AS DEFINED IN SECTION 4112.01 OF THE REVISED
CODE;
(10) Such other OTHER terms and conditions as
THAT the director
considers necessary and advisable to carry out the purposes of
this section.
(D) The attorney general shall approve the form of the
lease and contract prior to its execution by the director.
(E) The authority granted in this section to the director
is in addition and supplemental to any other authority granted the
director under state law.
Sec. 2927.03. (A) No person, whether or not acting under
color of law, shall by force or threat of force willfully injure,
intimidate, or interfere with, or attempt to injure, intimidate,
or interfere with, any of the following:
(1) Any person because of race, color, religion, sex,
familial status, as defined in section 4112.01 of the Revised
Code, national origin, handicap, DISABILITY as defined in that
section, or
ancestry and because that person is or has been selling,
purchasing, renting, financing, occupying, contracting, or
negotiating for the sale, purchase, rental, financing, or
occupation of any housing accommodations, or applying for or
participating in any service, organization, or facility relating
to the business of selling or renting housing accommodations;
(2) Any person because that person is or has been DOING, or in
order to intimidate that person or any other person or any class
of persons from doing, either of the following:
(a) Participating, without discrimination on account of
race, color, religion, sex, familial status, as defined in
section 4112.01 of the Revised Code, national origin, handicap,
DISABILITY
as defined in that section, or ancestry, in any of the
activities, services, organizations, or facilities described in
division (A)(1) of this section;
(b) Affording another person or class of persons
opportunity or protection so to participate.
(3) Any person because that person is or has been, or in
order to discourage that person or any other person from,
lawfully aiding or encouraging other persons to participate,
without discrimination on account of race, color, religion, sex,
familial status, as defined in section 4112.01 of the Revised
Code, national origin, handicap, DISABILITY as defined in that
section, or
ancestry, in any of the activities, services, organizations, or
facilities described in division (A)(1) of this section, or
participating lawfully in speech or peaceful assembly opposing
any denial of the opportunity to so participate.
(B) Whoever violates division (A) of this section is
guilty of a misdemeanor of the first degree.
Sec. 3781.111. (A) In addition to the powers conferred by
any other section of the Revised Code, the board of building
standards shall adopt standards and rules to facilitate the
reasonable access and use by all handicapped persons WITH A
DISABILITY of all
buildings and the facilities of buildings for which plans are
submitted for approval under section 3791.04 of the Revised Code.
No standard or rule shall be applied to any building the plans or
drawings, specifications, and date of which have been approved
prior to the time that the standard or rule takes effect.
(B) Except as otherwise provided in this section, the
standards and rules adopted by the board pursuant to this section
shall be in accordance with THE "The Americans With WITH
Disabilities Act
of 1990," 104 Stat. 327, 42 U.S.C.A. 12101, as amended, and THE "The
Fair Housing Amendments ACT of 1988," 102 Stat. 1619, 42 U.S.C.A.
3601, as amended.
(C) All signs posted to designate special parking
locations for handicapped persons WITH A DISABILITY and persons
with disabilities that limit or
impair the ability to walk in accordance with division (E)
of section 4511.69 of the Revised Code and the standards and
rules adopted pursuant to this section shall be mounted on a
fixed or movable post or otherwise affixed in a vertical position
at a height so that the sign is clearly visible to the driver of
a vehicle when parked in such a location.
(D) As used in this section, "handicapped person DISABILITY"
has the
same meaning as in section 4112.01 of the Revised Code. As used in division
(C) of this section, "persons with disabilities that limit or impair the
ability to walk" has the same meaning as in division (A)(1) of section 4503.44
of the Revised Code.
(E) No owner of a building or facility where special
parking locations for handicapped persons WITH A DISABILITY must
be designated in
accordance with the standards and rules adopted pursuant to this
section shall fail to properly mark the special parking locations
as required by those standards and rules or fail to maintain the
markings of the special parking locations, including the erection
and maintenance of the fixed or movable signs.
Sec. 4112.01. (A) As used in this chapter:
(1) "Person" includes one or more individuals,
partnerships, associations, organizations, corporations, legal
representatives, trustees, trustees in bankruptcy, receivers, and
other organized groups of persons. "Person" also includes, but
is not limited to, any owner, lessor, assignor, builder, manager,
broker, salesman SALESPERSON, appraiser, agent, employee,
lending
institution, and the state and all political subdivisions,
authorities, agencies, boards, and commissions of the state.
(2) "Employer" includes the state, any political
subdivision of the state, any person employing four or more
persons within the state, and any person acting directly or
indirectly in the interest of an employer.
(3) "Employee" means an individual employed by any
employer but does not include any individual employed in the
domestic service of any person.
(4) "Labor organization" includes any organization that
exists, in whole or in part, for the purpose of collective
bargaining or of dealing with employers concerning grievances,
terms or conditions of employment, or other mutual aid or
protection in relation to employment.
(5) "Employment agency" includes any person regularly
undertaking, with or without compensation, to procure
opportunities to work or to procure, recruit, refer, or place
employees.
(6) "Commission" means the Ohio civil rights commission
created by section 4112.03 of the Revised Code.
(7) "Discriminate" includes segregate or separate.
(8) "Unlawful discriminatory practice" means any act
prohibited by section 4112.02, 4112.021, or 4112.022 of the
Revised Code.
(9) "Place of public accommodation" means any inn,
restaurant, eating house, barbershop, public conveyance by air,
land, or water, theater, store, other place for the sale of
merchandise, or any other place of public accommodation or
amusement of which the accommodations, advantages, facilities, or
privileges are available to the public.
(10) "Housing accommodations" includes any building or
structure, or portion of a building or structure, that is used or
occupied or is intended, arranged, or designed to be used or
occupied as the home residence, dwelling, dwelling unit, or
sleeping place of one or more individuals, groups, or families
whether or not living independently of each other; and any vacant
land offered for sale or lease. "Housing accommodations" also
includes any housing accommodations held or offered for sale or
rent by a real estate broker, salesman SALESPERSON, or agent, by
any other
person pursuant to authorization of the owner, by the owner, or
by the owner's legal representative.
(11) "Restrictive covenant" means any specification
limiting the transfer, rental, lease, or other use of any housing
accommodations because of race, color, religion, sex, familial
status, national origin, handicap DISABILITY, or ancestry, or
any limitation
based upon affiliation with or approval by any person, directly
or indirectly, employing race, color, religion, sex, familial
status, national origin, handicap DISABILITY, or ancestry as a
condition of
affiliation or approval.
(12) "Burial lot" means any lot for the burial of deceased
persons within any public burial ground or cemetery, including,
but not limited to, cemeteries owned and operated by municipal
corporations, townships, or companies or associations
incorporated for cemetery purposes.
(13) "Handicap DISABILITY" means a physical or mental
impairment
that
substantially limits one or more major life activities, including
the functions of caring for one's self, performing manual tasks,
walking, seeing, hearing, speaking, breathing, learning, and
working; a record of a physical or mental impairment; or being
regarded as having a physical or mental impairment.
(14) Except as otherwise provided in section 4112.021 of
the Revised Code, "age" means at least forty years old.
(15) "Familial status" means either of the following:
(a) One or more individuals who are under eighteen years
of age and who are domiciled with a parent or guardian having
legal custody of the individual or domiciled, with the written
permission of the parent or guardian having legal custody, with a
designee of the parent or guardian;
(b) Any person who is pregnant or in the process of
securing legal custody of any individual who is under eighteen
years of age.
(16)(a) Except as provided in division (A)(16)(b) of this
section, "physical or mental impairment" includes any of the
following:
(i) Any physiological disorder or condition, cosmetic
disfigurement, or anatomical loss affecting one or more of the
following body systems: neurological; musculoskeletal; special
sense organs; respiratory, including speech organs;
cardiovascular; reproductive; digestive; genito-urinary; hemic
and lymphatic; skin; and endocrine;
(ii) Any mental or psychological disorder, including, but
not limited to, mental retardation, organic brain syndrome,
emotional or mental illness, and specific learning disabilities;
(iii) Diseases and conditions, including, but not limited
to, orthopedic, visual, speech, and hearing impairments, cerebral
palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis,
cancer, heart disease, diabetes, human immunodeficiency virus
infection, mental retardation, emotional illness, drug addiction,
and alcoholism.
(b) "Physical or mental impairment" does not include any
of the following:
(i) Homosexuality and bisexuality;
(ii) Transvestism, transsexualism, pedophilia,
exhibitionism, voyeurism, gender identity disorders not resulting
from physical impairments, or other sexual behavior disorders;
(iii) Compulsive gambling, kleptomania, or pyromania;
(iv) Psychoactive substance use disorders resulting from
current illegal use of a controlled substance.
(17) "Dwelling unit" means a single unit of residence for
a family of one or more persons.
(18) "Common use areas" means rooms, spaces, or elements
inside or outside a building that are made available for the use
of residents of the building or their guests, and includes, but
is not limited to, hallways, lounges, lobbies, laundry rooms,
refuse rooms, mail rooms, recreational areas, and passageways
among and between buildings.
(19) "Public use areas" means interior or exterior rooms
or spaces of a privately or publicly owned building that are made
available to the general public.
(20) "Controlled substance" has the same meaning as in
section 3719.01 of the Revised Code.
(21) "Handicapped person" means a person with a handicap.
(22) "Handicapped DISABLED tenant" means a tenant or
prospective
tenant who is a handicapped person WITH A DISABILITY.
(B) For the purposes of divisions (A) to (F) of section
4112.02 of the Revised Code, the terms "because of sex" and "on
the basis of sex" include, but are not limited to, because of or
on the basis of pregnancy, any illness arising out of and
occurring during the course of a pregnancy, childbirth, or
related medical conditions. Women affected by pregnancy,
childbirth, or related medical conditions shall be treated the
same for all employment-related purposes, including receipt of
benefits under fringe benefit programs, as other persons not so
affected but similar in their ability or inability to work, and
nothing in division (B) of section 4111.17 of the Revised Code
shall be interpreted to permit otherwise. This division shall
not be construed to require an employer to pay for health
insurance benefits for abortion, except where the life of the
mother would be endangered if the fetus were carried to term or
except where medical complications have arisen from the abortion,
provided that nothing in this division precludes an employer from
providing abortion benefits or otherwise affects bargaining
agreements in regard to abortion.
Sec. 4112.02. It shall be an unlawful discriminatory practice:
(A) For any employer, because of the race, color,
religion, sex, national origin, handicap DISABILITY, age, or
ancestry of any
person, to discharge without just cause, to refuse to hire, or
otherwise to discriminate against that person with respect to
hire, tenure, terms, conditions, or privileges of employment, or
any matter directly or indirectly related to employment.
(B) For an employment agency or personnel placement
service, because of race, color, religion, sex, national origin,
handicap DISABILITY, age, or ancestry, to do any of the
following:
(1) Refuse or fail to accept, register, classify properly,
or refer for employment, or otherwise discriminate against any
person;
(2) Comply with a request from an employer for referral of
applicants for employment if the request directly or indirectly
indicates that the employer fails to comply with the provisions
of sections 4112.01 to 4112.07 of the Revised Code.
(C) For any labor organization to do any of the following:
(1) Limit or classify its membership on the basis of race,
color, religion, sex, national origin, handicap DISABILITY, age,
or
ancestry;
(2) Discriminate against, limit the employment
opportunities of, or otherwise adversely affect the employment
status, wages, hours, or employment conditions of any person as
an employee because of race, color, religion, sex, national
origin, handicap DISABILITY, age, or ancestry.
(D) For any employer, labor organization, or joint
labor-management committee controlling apprentice training
programs to discriminate against any person because of race,
color, religion, sex, national origin, handicap DISABILITY, or
ancestry in
admission to, or employment in, any program established to
provide apprentice training.
(E) Except where based on a bona fide occupational
qualification certified in advance by the commission, for any
employer, employment agency, personnel placement service, or
labor organization, prior to employment or admission to
membership, to do any of the following:
(1) Elicit or attempt to elicit any information concerning
the race, color, religion, sex, national origin, handicap
DISABILITY, age,
or ancestry of an applicant for employment or membership;
(2) Make or keep a record of the race, color, religion,
sex, national origin, handicap DISABILITY, age, or ancestry of
any applicant
for employment or membership;
(3) Use any form of application for employment, or
personnel or membership blank, seeking to elicit information
regarding race, color, religion, sex, national origin, handicap
DISABILITY,
age, or ancestry; but an employer holding a contract containing a
nondiscrimination clause with the government of the United
States, or any department or agency of that government, may
require an employee or applicant for employment to furnish
documentary proof of United States citizenship and may retain
that proof in the employer's personnel records and may use
photographic or fingerprint identification for security purposes;
(4) Print or publish or cause to be printed or published
any notice or advertisement relating to employment or membership
indicating any preference, limitation, specification, or
discrimination, based upon race, color, religion, sex, national
origin, handicap DISABILITY, age, or ancestry;
(5) Announce or follow a policy of denying or limiting,
through a quota system or otherwise, employment or membership
opportunities of any group because of the race, color, religion,
sex, national origin, handicap DISABILITY, age, or ancestry of
that group;
(6) Utilize in the recruitment or hiring of persons any
employment agency, personnel placement service, training school
or center, labor organization, or any other employee-referring
source known to discriminate against persons because of their
race, color, religion, sex, national origin, handicap
DISABILITY, age, or
ancestry.
(F) For any person seeking employment to publish or cause
to be published any advertisement that specifies or in any manner
indicates that person's race, color, religion, sex, national
origin, handicap DISABILITY, age, or ancestry, or expresses a
limitation or
preference as to the race, color, religion, sex, national origin,
handicap DISABILITY, age, or ancestry of any prospective
employer.
(G) For any proprietor or any employee, keeper, or manager
of a place of public accommodation to deny to any person, except
for reasons applicable alike to all persons regardless of race,
color, religion, sex, national origin, handicap DISABILITY, age,
or
ancestry, the full enjoyment of the accommodations, advantages,
facilities, or privileges of the place of public accommodation.
(H) For any person to do any of the following:
(1) Refuse to sell, transfer, assign, rent, lease,
sublease, or finance housing accommodations, refuse to negotiate
for the sale or rental of housing accommodations, or otherwise
deny or make unavailable housing accommodations because of race,
color, religion, sex, familial status, ancestry, handicap
DISABILITY, or
national origin;
(2) Represent to any person that housing accommodations
are not available for inspection, sale, or rental, when in fact
they are available, because of race, color, religion, sex,
familial status, ancestry, handicap DISABILITY, or national
origin;
(3) Discriminate against any person in the making or
purchasing of loans or the provision of other financial
assistance for the acquisition, construction, rehabilitation,
repair, or maintenance of housing accommodations, or any person
in the making or purchasing of loans or the provision of other
financial assistance that is secured by residential real estate,
because of race, color, religion, sex, familial status, ancestry,
handicap DISABILITY, or national origin or because of the racial
composition
of the neighborhood in which the housing accommodations are
located, provided that the person, whether an individual,
corporation, or association of any type, lends money as one of
the principal aspects or incident to the person's principal business and
not only as a part of the purchase price of an owner-occupied
residence the person is selling nor merely casually or occasionally to a
relative or friend;
(4) Discriminate against any person in the terms or
conditions of selling, transferring, assigning, renting, leasing,
or subleasing any housing accommodations or in furnishing
facilities, services, or privileges in connection with the
ownership, occupancy, or use of any housing accommodations,
including the sale of fire, extended coverage, or homeowners
insurance, because of race, color, religion, sex, familial
status, ancestry, handicap DISABILITY, or national origin or
because of the
racial composition of the neighborhood in which the housing
accommodations are located;
(5) Discriminate against any person in the terms or
conditions of any loan of money, whether or not secured by
mortgage or otherwise, for the acquisition, construction,
rehabilitation, repair, or maintenance of housing accommodations
because of race, color, religion, sex, familial status, ancestry,
handicap DISABILITY, or national origin or because of the racial
composition
of the neighborhood in which the housing accommodations are
located;
(6) Refuse to consider without prejudice the combined
income of both husband and wife for the purpose of extending
mortgage credit to a married couple or either member of a married
couple;
(7) Print, publish, or circulate any statement or
advertisement, or make or cause to be made any statement or
advertisement, relating to the sale, transfer, assignment,
rental, lease, sublease, or acquisition of any housing
accommodations, or relating to the loan of money, whether or not
secured by mortgage or otherwise, for the acquisition,
construction, rehabilitation, repair, or maintenance of housing
accommodations, that indicates any preference, limitation,
specification, or discrimination based upon race, color,
religion, sex, familial status, ancestry, handicap DISABILITY,
or national
origin, or an intention to make any such preference, limitation,
specification, or discrimination;
(8) Except as otherwise provided in division (H)(8) or
(17) of this section, make any inquiry, elicit any information,
make or keep any record, or use any form of application
containing questions or entries concerning race, color, religion,
sex, familial status, ancestry, handicap DISABILITY, or national
origin in
connection with the sale or lease of any housing accommodations
or the loan of any money, whether or not secured by mortgage or
otherwise, for the acquisition, construction, rehabilitation,
repair, or maintenance of housing accommodations. Any person may
make inquiries, and make and keep records, concerning race,
color, religion, sex, familial status, ancestry, handicap
DISABILITY, or
national origin for the purpose of monitoring compliance with
this chapter.
(9) Include in any transfer, rental, or lease of housing
accommodations any restrictive covenant, or honor or exercise, or
attempt to honor or exercise, any restrictive covenant;
(10) Induce or solicit, or attempt to induce or solicit, a
housing accommodations listing, sale, or transaction by
representing that a change has occurred or may occur with respect
to the racial, religious, sexual, familial status, or ethnic
composition of the block, neighborhood, or other area in which
the housing accommodations are located, or induce or solicit, or
attempt to induce or solicit, a housing accommodations listing,
sale, or transaction by representing that the presence or
anticipated presence of persons of any race, color, religion,
sex, familial status, ancestry, handicap DISABILITY, or national
origin, in
the block, neighborhood, or other area will or may have results
including, but not limited to, the following:
(a) The lowering of property values;
(b) A change in the racial, religious, sexual, familial
status, or ethnic composition of the block, neighborhood, or
other area;
(c) An increase in criminal or antisocial behavior in the
block, neighborhood, or other area;
(d) A decline in the quality of the schools serving the
block, neighborhood, or other area.
(11) Deny any person access to or membership or
participation in any multiple-listing service, real estate
brokers' organization, or other service, organization, or
facility relating to the business of selling or renting housing
accommodations, or discriminate against any person in the terms
or conditions of that access, membership, or participation, on
account of race, color, religion, sex, familial status, national
origin, handicap DISABILITY, or ancestry;
(12) Coerce, intimidate, threaten, or interfere with any
person in the exercise or enjoyment of, or on account of that
person's having exercised or enjoyed or having aided or
encouraged any other person in the exercise or enjoyment of, any
right granted or protected by division (H) of this section;
(13) Discourage or attempt to discourage the purchase by a
prospective purchaser of housing accommodations, by representing
that any block, neighborhood, or other area has undergone or
might undergo a change with respect to its religious, racial,
sexual, familial status, or ethnic composition;
(14) Refuse to sell, transfer, assign, rent, lease,
sublease, or finance, or otherwise deny or withhold, a burial lot
from any person because of the race, color, sex, familial status,
age, ancestry, handicap DISABILITY, or national origin of any
prospective
owner or user of the lot;
(15) Discriminate in the sale or rental of, or otherwise
make unavailable or deny, housing accommodations to any buyer or
renter because of a handicap DISABILITY of any of the following:
(a) The buyer or renter;
(b) A person residing in or intending to reside in the
housing accommodations after they are sold, rented, or made
available;
(c) Any individual associated with the person described in
division (H)(15)(b) of this section.
(16) Discriminate in the terms, conditions, or privileges
of the sale or rental of housing accommodations to any person or
in the provision of services or facilities to any person in
connection with the housing accommodations because of a handicap
DISABILITY of any of the following:
(a) That person;
(b) A person residing in or intending to reside in the
housing accommodations after they are sold, rented, or made
available;
(c) Any individual associated with the person described in
division (H)(16)(b) of this section.
(17) Except as otherwise provided in division (H)(17) of
this section, make an inquiry to determine whether an applicant
for the sale or rental of housing accommodations, a person
residing in or intending to reside in the housing accommodations
after they are sold, rented, or made available, or any individual
associated with that person has a handicap DISABILITY, or make
an inquiry to
determine the nature or severity of a handicap DISABILITY of the
applicant
or such a person or individual. The following inquiries may be
made of all applicants for the sale or rental of housing
accommodations, regardless of whether they have handicaps
DISABILITIES:
(a) An inquiry into an applicant's ability to meet the
requirements of ownership or tenancy;
(b) An inquiry to determine whether an applicant is
qualified for housing accommodations available only to persons
with handicaps DISABILITIES or persons with a particular type of
handicap DISABILITY;
(c) An inquiry to determine whether an applicant is
qualified for a priority available to persons with handicaps
DISABILITIES or
persons with a particular type of handicap DISABILITY;
(d) An inquiry to determine whether an applicant currently
uses a controlled substance in violation of section 2925.11 of
the Revised Code or a substantively comparable municipal
ordinance;
(e) An inquiry to determine whether an applicant at any
time has been convicted of or pleaded guilty to any offense, an element of
which is the illegal sale, offer to sell, cultivation, manufacture, other
production,
shipment, transportation, delivery, or other distribution of a
controlled substance.
(18)(a) Refuse to permit, at the expense of a handicapped
person WITH A DISABILITY, reasonable modifications of existing housing
accommodations that are occupied or to be occupied by the
handicapped person WITH A DISABILITY, if the modifications may
be necessary to
afford the handicapped person WITH A DISABILITY full enjoyment
of the housing
accommodations. This division does not preclude a landlord of
housing accommodations that are rented or to be rented to a
handicapped DISABLED tenant from conditioning permission for a
proposed
modification upon the handicapped DISABLED tenant's doing one or
more of
the following:
(i) Providing a reasonable description of the proposed
modification and reasonable assurances that the proposed
modification will be made in a workmanlike WORKERLIKE manner and
that any required building permits will be obtained prior to the
commencement of the proposed modification;
(ii) Agreeing to restore at the end of the tenancy the
interior of the housing accommodations to the condition they were
in prior to the proposed modification, but subject to reasonable
wear and tear during the period of occupancy, if it is reasonable
for the landlord to condition permission for the proposed
modification upon the agreement;
(iii) Paying into an interest-bearing escrow account that
is in the landlord's name, over a reasonable period of time, a
reasonable amount of money not to exceed the projected costs at
the end of the tenancy of the restoration of the interior of the
housing accommodations to the condition they were in prior to the
proposed modification, but subject to reasonable wear and tear
during the period of occupancy, if the landlord finds the account
reasonably necessary to ensure the availability of funds for the
restoration work. The interest earned in connection with an
escrow account described in this division shall accrue to the
benefit of the handicapped DISABLED tenant who makes payments
into the
account.
(b) A landlord shall not condition permission for a
proposed modification upon a handicapped DISABLED tenant's
payment of a
security deposit that exceeds the customarily required security
deposit of all tenants of the particular housing accommodations.
(19) Refuse to make reasonable accommodations in rules,
policies, practices, or services when necessary to afford a
handicapped person WITH A DISABILITY equal opportunity to use
and enjoy a dwelling
unit, including associated public and common use areas;
(20) Fail to comply with the standards and rules adopted
under division (A) of section 3781.111 of the Revised Code;
(21) Discriminate against any person in the selling,
brokering, or appraising of real property because of race, color,
religion, sex, familial status, ancestry, handicap DISABILITY,
or national
origin;
(22) Fail to design and construct covered multifamily
dwellings for first occupancy on or after June 30, 1992, in
accordance with the following conditions:
(a) The dwellings shall have at least one building
entrance on an accessible route, unless it is impractical to do
so because of the terrain or unusual characteristics of the site.
(b) With respect to dwellings that have a building
entrance on an accessible route, all of the following apply:
(i) The public use areas and common use areas of the
dwellings shall be readily accessible to and usable by
handicapped persons WITH A DISABILITY.
(ii) All the doors designed to allow passage into and
within all premises shall be sufficiently wide to allow passage
by handicapped persons WITH A DISABILITY WHO ARE in wheelchairs.
(iii) All premises within covered multifamily dwelling
units shall contain an accessible route into and through the
dwelling; all light switches, electrical outlets, thermostats,
and other environmental controls within such units shall be in
accessible locations; the bathroom walls within such units shall
contain reinforcements to allow later installation of grab bars;
and the kitchens and bathrooms within such units shall be
designed and constructed in a manner that enables an individual
in a wheelchair to maneuver about such rooms.
For purposes of division (H)(22) of this section, "covered
multifamily dwellings" means buildings consisting of four or more
units if such buildings have one or more elevators and ground
floor units in other buildings consisting of four or more units.
(I) For any person to discriminate in any manner against
any other person because that person has opposed any unlawful
discriminatory practice defined in this section or because that
person has made a charge, testified, assisted, or participated in
any manner in any investigation, proceeding, or hearing under
sections 4112.01 to 4112.07 of the Revised Code.
(J) For any person to aid, abet, incite, compel, or coerce
the doing of any act declared by this section to be an unlawful
discriminatory practice, to obstruct or prevent any person from
complying with this chapter or any order issued under it, or to
attempt directly or indirectly to commit any act declared by this
section to be an unlawful discriminatory practice.
(K)(1) Nothing in division (H) of this section shall bar
any religious or denominational institution or organization, or
any nonprofit charitable or educational organization that is
operated, supervised, or controlled by or in connection with a
religious organization, from limiting the sale, rental, or
occupancy of housing accommodations that it owns or operates for
other than a commercial purpose to persons of the same religion,
or from giving preference in the sale, rental, or occupancy of
such housing accommodations to persons of the same religion,
unless membership in the religion is restricted on account of
race, color, or national origin.
(2) Nothing in division (H) of this section shall bar any
bona fide private or fraternal organization that, incidental to
its primary purpose, owns or operates lodgings for other than a
commercial purpose, from limiting the rental or occupancy of the
lodgings to its members or from giving preference to its members.
(3) Nothing in division (H) of this section limits the
applicability of any reasonable local, state, or federal
restrictions regarding the maximum number of occupants permitted
to occupy housing accommodations. Nothing in that division
prohibits the owners or managers of housing accommodations from
implementing reasonable occupancy standards based on the number
and size of sleeping areas or bedrooms and the overall size of a
dwelling unit, provided that the standards are not implemented to
circumvent the purposes of this chapter and are formulated,
implemented, and interpreted in a manner consistent with this
chapter and any applicable local, state, or federal restrictions
regarding the maximum number of occupants permitted to occupy
housing accommodations.
(4) Nothing in division (H) of this section requires that
housing accommodations be made available to an individual whose
tenancy would constitute a direct threat to the health or safety
of other individuals or whose tenancy would result in substantial
physical damage to the property of others.
(5) Nothing in division (H) of this section pertaining to
discrimination on the basis of familial status shall be construed
to apply to any of the following:
(a) Housing accommodations provided under any state or
federal program that have been determined under the "Fair Housing
Amendments Act of 1988," 102 Stat. 1623, 42 U.S.C.A. 3607, as
amended, to be specifically designed and operated to assist
elderly persons;
(b) Housing accommodations intended for and solely
occupied by persons who are sixty-two years of age or older;
(c) Housing accommodations intended and operated for
occupancy by at least one person who is fifty-five years of age
or older per unit, as determined under the "Fair Housing
Amendments Act of 1988," 102 Stat. 1623, 42 U.S.C.A. 3607, as
amended.
(L) Nothing in divisions (A) to (E) of this section shall
be construed to require a handicapped person WITH A DISABILITY
to be employed or
trained under circumstances that would significantly increase the
occupational hazards affecting either the handicapped person WITH A
DISABILITY,
other employees, the general public, or the facilities in which
the work is to be performed, or to require the employment or
training of a handicapped person WITH A DISABILITY in a job that
requires the handicapped person WITH A DISABILITY
routinely to undertake any task, the performance of which is
substantially and inherently impaired by the handicapped person's
handicap DISABILITY.
(M) Nothing in divisions (H)(1) to (18) of this section
shall be construed to require any person selling or renting
property to modify the property in any way or to exercise a
higher degree of care for a person having WITH a handicap
DISABILITY, to relieve
any handicapped person WITH A DISABILITY of any obligation
generally imposed on all
persons regardless of handicap DISABILITY in a written lease,
rental
agreement, or contract of purchase or sale, or to forbid
distinctions based on the inability to fulfill the terms and
conditions, including financial obligations, of the lease,
agreement, or contract.
(N) An aggrieved individual may enforce the individual's rights
relative to discrimination on the basis of age as provided for in
this section by instituting a civil action, within two years after the
alleged unlawful discriminatory practice
occurred, in any court with jurisdiction for any legal or
equitable relief that will effectuate the individual's rights.
A person who files a civil action under this division is
barred, with respect to the practices complained of, from
instituting a civil action under section 4112.14 of the Revised
Code and from filing a charge with the commission under section
4112.05 of the Revised Code.
(O) With regard to age, it shall not be an unlawful
discriminatory practice and it shall not constitute a violation
of division (A) of section 4112.14 of the Revised Code for any
employer, employment agency, joint labor-management committee
controlling apprenticeship training programs, or labor
organization to do any of the following:
(1) Establish bona fide employment qualifications
reasonably related to the particular business or occupation that
may include standards for skill, aptitude, physical capability,
intelligence, education, maturation, and experience;
(2) Observe the terms of a bona fide seniority system or
any bona fide employee benefit plan, including, but not limited
to, a retirement, pension, or insurance plan, that is not a
subterfuge to evade the purposes of this section. However, no
such employee benefit plan shall excuse the failure to hire any
individual, and no such seniority system or employee benefit plan
shall require or permit the involuntary retirement of any
individual, because of the individual's age except as provided for in the "Age
Discrimination in Employment Act Amendment of 1978," 92 Stat.
189, 29 U.S.C.A. 623, as amended by the "Age Discrimination in
Employment Act Amendments of 1986," 100 Stat. 3342, 29 U.S.C.A.
623, as amended.
(3) Retire an employee who has attained sixty-five years
of age who, for the two-year period immediately before
retirement, is employed in a bona fide executive or a high
policymaking position, if the employee is entitled to an
immediate nonforfeitable annual retirement benefit from a
pension, profit-sharing, savings, or deferred compensation plan,
or any combination of those plans, of the employer of the
employee, which equals, in the aggregate, at least forty-four
thousand dollars, in accordance with the conditions of the "Age
Discrimination in Employment Act Amendment of 1978," 92 Stat.
189, 29 U.S.C.A. 631, as amended by the "Age Discrimination in
Employment Act Amendments of 1986," 100 Stat. 3342, 29 U.S.C.A.
631, as amended;
(4) Observe the terms of any bona fide apprenticeship
program if the program is registered with the Ohio apprenticeship
council pursuant to sections 4111.25 to 4111.30 of the Revised
Code and is approved by the federal committee on apprenticeship
of the United States department of labor.
(P) Nothing in this chapter prohibiting age discrimination
and nothing in division (A) of section 4112.14 of the Revised
Code shall be construed to prohibit the following:
(1) The designation of uniform age the attainment of which
is necessary for public employees to receive pension or other
retirement benefits pursuant to Chapter 145., 742., 3307., 3309.,
or 5505. of the Revised Code;
(2) The mandatory retirement of uniformed patrol officers
of the state highway patrol as provided in section 5505.16 of the
Revised Code;
(3) The maximum age requirements for appointment as a
patrol officer in the state highway patrol established by section
5503.01 of the Revised Code;
(4) The maximum age requirements established for original
appointment to a police department or fire department in sections
124.41 and 124.42 of the Revised Code;
(5) Any maximum age not in conflict with federal law that
may be established by a municipal charter, municipal ordinance,
or resolution of a board of township trustees for original
appointment as a police officer or fire fighter FIREFIGHTER;
(6) Any mandatory retirement provision not in conflict
with federal law of a municipal charter, municipal ordinance, or
resolution of a board of township trustees pertaining to police
officers and fire fighters FIREFIGHTERS;
(7) Until January 1, 1994, the mandatory retirement of any
employee who has attained seventy years of age and who is serving
under a contract of unlimited tenure, or similar arrangement
providing for unlimited tenure, at an institution of higher
education as defined in the "Education Amendments of 1980," 94
Stat. 1503, 20 U.S.C.A. 1141(a).
(Q)(1)(a) Except as provided in division (Q)(1)(b) of this
section, for purposes of divisions (A) to (E) of this section, a
handicap DISABILITY does not include any physiological disorder
or
condition, mental or psychological disorder, or disease or
condition caused by an illegal use of any controlled substance by
an employee, applicant, or other person, if an employer,
employment agency, personnel placement service, labor
organization, or joint labor-management committee acts on the
basis of that illegal use.
(b) Division (Q)(1)(a) of this section does not apply to
an employee, applicant, or other person who satisfies any of the
following:
(i) The employee, applicant, or other person has successfully completed a
supervised drug
rehabilitation program and no longer is engaging in the illegal
use of any controlled substance, or the employee, applicant, or
other person otherwise successfully has
been rehabilitated and no longer is engaging in that illegal use.
(ii) The employee, applicant, or other person is participating in a
supervised drug
rehabilitation program and no longer is engaging in the illegal
use of any controlled substance.
(iii) The employee, applicant, or other person is erroneously regarded as
engaging in the
illegal use of any controlled substance, but the employee,
applicant, or other person is not engaging
in that illegal use.
(2) Divisions (A) to (E) of this section do not prohibit
an employer, employment agency, personnel placement service,
labor organization, or joint labor-management committee from
doing any of the following:
(a) Adopting or administering reasonable policies or
procedures, including, but not limited to, testing for the
illegal use of any controlled substance, that are designed to
ensure that an individual described in division (Q)(1)(b)(i) or
(ii) of this section no longer is engaging in the illegal use of
any controlled substance;
(b) Prohibiting the illegal use of controlled substances
and the use of alcohol at the workplace by all employees;
(c) Requiring that employees not be under the influence of
alcohol or not be engaged in the illegal use of any controlled
substance at the workplace;
(d) Requiring that employees behave in conformance with
the requirements established under "The Drug-Free Workplace Act
of 1988," 102 Stat. 4304, 41 U.S.C.A. 701, as amended;
(e) Holding an employee who engages in the illegal use of
any controlled substance or who is an alcoholic to the same
qualification standards for employment or job performance, and
the same behavior, to which the employer, employment agency,
personnel placement service, labor organization, or joint
labor-management committee holds other employees, even if any
unsatisfactory performance or behavior is related to an
employee's illegal use of a controlled substance or alcoholism;
(f) Exercising other authority recognized in the "Americans with Disabilities
Act of 1990," 104 Stat. 327, 42
U.S.C.A. 12101, as amended, including, but not limited to,
requiring employees to comply with any applicable federal
standards.
(3) For purposes of this chapter, a test to determine the
illegal use of any controlled substance does not include a
medical examination.
(4) Division (Q) of this section does not encourage,
prohibit, or authorize, and shall not be construed as
encouraging, prohibiting, or authorizing, the conduct of testing
for the illegal use of any controlled substance by employees,
applicants, or other persons, or the making of employment
decisions based on the results of that type of testing.
Sec. 4112.021. (A) As used in this section:
(1) "Credit" means the right granted by a creditor to a
person to defer payment of a debt, or to incur debt and defer its
payment, or TO purchase property or services and defer payment
therefor; FOR THE PROPERTY OR SERVICES.
(2) "Creditor" means any person who regularly extends,
renews, or continues credit, any person who regularly arranges
for the extension, renewal, or continuation of credit, or any
assignee of an original creditor who participates in the decision
to extend, renew, or continue credit, whether or not any interest
or finance charge is required;.
(3) "Credit reporting agency" means any person who, for
monetary fees, OR dues, or on a cooperative nonprofit
basis,
regularly assembles or evaluates credit information for the
purpose of furnishing credit reports to creditors;.
(4) "Age" means any age of eighteen years or older.
(B) It shall be an unlawful discriminatory practice:
(1) For any creditor to DO ANY OF THE FOLLOWING:
(a) Discriminate against any applicant for credit in the
granting, withholding, extending, or renewing of credit, or in
the fixing of the rates, terms, or conditions of any form of
credit, on the basis of race, color, religion, age, sex, marital
status, national origin, handicap DISABILITY, or ancestry,
except that this
division shall not apply with respect to age in any real estate
transaction between a financial institution, a dealer in
intangibles, or an insurance company as these terms are defined
in section 5725.01 of the Revised Code and its customers;
(b) Use or make any inquiry as to race, color, religion,
age, sex, marital status, national origin, handicap DISABILITY,
or ancestry
for the purpose of limiting or specifying those persons to whom
credit will be granted, except that an inquiry of marital status
does not constitute discrimination for the purposes of this
section if the inquiry is made for the purpose of ascertaining
the creditor's rights and remedies applicable to the particular
extension of credit, and except that creditors are excepted from
this division with respect to any inquiry, elicitation of
information, record, or form of application required of such A
PARTICULAR
creditor by any instrumentality or agency of the United States,
or required of such A PARTICULAR creditor by any agency or
instrumentality to
enforce the "Civil Rights Act of 1968," 82 Stat. 84, 85, 42
U.S.C.A. 3608(c);
(c) Refuse to consider the sources of income of an
applicant for credit, or disregard or ignore the income of an
applicant, in whole or in part, on the basis of race, color,
religion, age, sex, marital status, handicap DISABILITY,
national origin, or
ancestry;
(d) Refuse to grant credit to an individual in any name
that individual customarily uses, if it has been determined in
the normal course of business, that the creditor will grant
credit to the individual;
(e) Impose any special requirements or conditions,
including, but not limited to, a requirement for co-obligors or
reapplication, upon any applicant or class of applicants on the
basis of race, color, religion, age, sex, marital status,
national origin, handicap DISABILITY, or ancestry in
circumstances where
similar requirements or conditions are not imposed on other
applicants similarly situated, unless the special requirements or
conditions that are imposed with respect to age are the result of
a real estate transaction exempted under division (B)(1)(a) of
this section or are the result of programs that grant preferences
to certain age groups administered by instrumentalities or
agencies of the United States, a state, or a political
subdivision of a state;
(f) Fail or refuse to provide an applicant for credit a
written statement of the specific reasons for rejection of the
application if requested in writing by the applicant within sixty
days of the rejection. The creditor shall provide the written
statement of the specific reason for rejection within thirty days
after receipt of such A request OF THAT NATURE. For
purposes of this section, a
statement that the applicant was rejected solely on the basis of
information received from a credit reporting agency or because
the applicant failed to meet the standards required by the
creditor's credit scoring system, uniformly applied, shall
constitute a specific reason for rejection.
(g) Fail or refuse after June 30, 1976, to print on or
firmly attach to each application for credit, in a type size no
smaller than that used throughout most of the application form,
the following notice: "The Ohio laws against discrimination
require that all creditors make credit equally available to all
credit worthy customers, and that credit reporting agencies
maintain separate credit histories on each individual upon
request. The Ohio civil rights commission administers compliance
with this law." This notice is not required to be included in
applications that have a multi-state distribution if the notice
is mailed to the applicant with the notice of acceptance or
rejection of the application.
(h) Fail or refuse on the basis of race, color, religion,
age, sex, marital status, national origin, handicap DISABILITY,
or ancestry
to maintain, upon the request of the individual, a separate
account for each individual to whom credit is extended;
(i) Fail or refuse on the basis of race, color, religion,
age, sex, marital status, national origin, handicap DISABILITY,
or ancestry
to maintain records on any account established after November 1,
1976, and to furnish information on the accounts to credit
reporting agencies in a manner that clearly designates the
contractual liability for repayment as indicated on the
application for the account, and, if more than one individual is
contractually liable for repayment, to maintain records and
furnish information in the name of each individual. This section
DIVISION does not apply to individuals who are contractually liable
only
if the primary party defaults on the account.
(2) For any credit reporting agency to DO ANY OF THE FOLLOWING:
(a) Fail or refuse on the basis of race, color, religion,
age, sex, marital status, national origin, handicap DISABILITY,
or ancestry
to maintain, upon the request of the individual, a separate file
on each individual about whom information is assembled or
evaluated;
(b) Fail or refuse on the basis of race, color, religion,
age, sex, marital status, national origin, handicap DISABILITY,
or ancestry
to clearly note, maintain, and report any information furnished
it under division (B)(1)(i) of this section.
(C) This section does not prohibit a creditor from
requesting the signature of both spouses to create a valid lien,
pass clear title, or waive inchoate rights to property.
(D) The rights granted by this section may be enforced by
aggrieved individuals by filing a civil action in a court of
common pleas within one hundred eighty days after the alleged
unlawful act DISCRIMINATORY PRACTICE occurred. Upon application
by the plaintiff and in
such circumstances as THAT the court considers just, the
court in
which a civil action under this section is brought may appoint an
attorney for the plaintiff and may authorize the commencement of
a civil action upon proper showing without the payment of costs.
If the court finds that an act UNLAWFUL DISCRIMINATORY PRACTICE
prohibited by this section
occurred or is about to occur, the court may grant such relief
as
THAT it considers appropriate, including a permanent or temporary
injunction, temporary restraining order, or other order, and may
award to the plaintiff actual COMPENSATORY and punitive damages
of not less
than one hundred dollars, together with attorney's fees and court
costs.
(E) Nothing contained in this section shall bar a creditor
from reviewing an application for credit on the basis of
established criteria used in the normal course of business for
the determination of the credit worthiness of the individual
applicant for credit, including the credit history of the
applicant.
Sec. 4112.022. As used in this section, "educational
institution" means a state university or college, state-assisted
institution of higher education, nonprofit educational
institution described in Chapter 1713. of the Revised Code, or
institution registered under Chapter 3332. of the Revised Code.
It shall be an unlawful discriminatory practice for any
educational institution to discriminate against any individual on
account of any handicap DISABILITY:
(A) In admission or assignment to any academic program,
course of study, internship, or class offered by the institution;
(B) In permitting participation in any activity THAT IS sponsored
by the institution or that takes place on property owned,
operated, or controlled by the institution;
(C) In the awarding of any form of financial aid or other
benefits available to students;
(D) In admission or assignment to housing or other
facilities owned, operated, or controlled by the institution;
(E) In awarding of grades or granting of certificates,
diplomas, or degrees offered by the institution.
Nothing in this section prohibits any educational
institution from establishing bona fide requirements or standards
for admission or assignment to academic programs, courses,
internships, or classes; for permitting participation in
activities; for awarding of financial aid or other benefits; or
for the granting of grades, certificates, diplomas, or degrees,
which requirements or standards may include reasonable
qualifications for demonstrating necessary skill, aptitude,
physical capability, intelligence, and previous education.
Nothing in this section requires any educational
institution to construct, reconstruct, improve, enlarge, or alter
any building, facility, or property owned, operated, or
controlled by the institution, in any manner, for the purpose of
making the building, facility, or property accessible to the
handicapped PERSONS WITH A DISABILITY, provided that this section
does not exempt an
educational institution from compliance with standards adopted
under section 3781.111 of the Revised Code.
Sec. 4112.04. (A) The commission shall do all of the
following:
(1) Establish and maintain a principal office in the city
of Columbus and any other offices within the state that it
considers necessary;
(2) Appoint an executive director who shall serve at the
pleasure of the commission and be its principal administrative
officer. The executive director shall be paid a salary fixed
pursuant to Chapter 124. of the Revised Code.
(3) Appoint hearing examiners and other employees and
agents who it considers necessary and prescribe their duties
subject to Chapter 124. of the Revised Code;
(4) Adopt, promulgate, amend, and rescind rules to
effectuate the provisions of this chapter and the policies and
practice of the commission in connection with this chapter.;
(5) Formulate policies to effectuate the purposes of this
chapter and make recommendations to agencies and officers of the
state or political subdivisions to effectuate the policies;
(6) Receive, investigate, and pass upon written charges
made under oath of unlawful discriminatory practices;
(7) Make periodic surveys of the existence and effect of
discrimination because of race, color, religion, sex, familial
status, national origin, handicap DISABILITY, age, or ancestry
on the
enjoyment of civil rights by persons within the state;
(8) Report, from time to time, but not less than once a
year, to the general assembly and the governor, describing in
detail the investigations, proceedings, and hearings it has
conducted and their outcome, the decisions it has rendered, and
the other work performed by it, which report shall include a copy
of any surveys prepared pursuant to division (A)(7) of this
section and shall include the recommendations of the commission
as to legislative or other remedial action;
(9) Prepare a comprehensive educational program, in
cooperation with the department of education, for the students of
the public schools of this state and for all other residents of
this state that is designed to eliminate prejudice on the basis
of race, color, religion, sex, familial status, national origin,
handicap DISABILITY, age, or ancestry in this state, to further
good will
among those groups, and to emphasize the origin of prejudice
against those groups, its harmful effects, and its
incompatibility with American principles of equality and fair
play;
(10) Receive progress reports from agencies,
instrumentalities, institutions, boards, commissions, and other
entities of this state or any of its political subdivisions and
their agencies, instrumentalities, institutions, boards,
commissions, and other entities regarding affirmative action
programs for the employment of persons against whom
discrimination is prohibited by this chapter, or regarding any
affirmative housing accommodations programs developed to
eliminate or reduce an imbalance of race, color, religion, sex,
familial status, national origin, handicap DISABILITY, or
ancestry. All
agencies, instrumentalities, institutions, boards, commissions,
and other entities of this state or its political subdivisions,
and all political subdivisions, that have undertaken affirmative
action programs pursuant to a conciliation agreement with the
commission, an executive order of the governor, any federal
statute or rule, or an executive order of the president of the
United States shall file progress reports with the commission
annually on or before the first day of November. The commission
shall analyze and evaluate the progress reports and report its
findings annually to the general assembly on or before the
thirtieth day of January of the year immediately following the
receipt of the reports.
(B) The commission may do any of the following:
(1) Meet and function at any place within the state;
(2) Initiate and undertake on its own motion
investigations of problems of employment or housing
accommodations discrimination;
(3) Hold hearings, subpoena witnesses, compel their
attendance, administer oaths, take the testimony of any person
under oath, require the production for examination of any books
and papers relating to any matter under investigation or in
question before the commission, and make rules as to the issuance
of subpoenas by individual commissioners.
(a) In conducting a hearing or investigation, the
commission shall have access at all reasonable times to premises,
records, documents, individuals, and other evidence or possible
sources of evidence and may examine, record, and copy the
premises, records, documents, and other evidence or possible
sources of evidence and take and record the testimony or
statements of the individuals as reasonably necessary for the
furtherance of the hearing or investigation. In investigations,
the commission shall comply with the fourth amendment to the
United States Constitution relating to unreasonable searches and
seizures. The commission or a member of the commission may issue
subpoenas to compel access to or the production of premises,
records, documents, and other evidence or possible sources of
evidence or the appearance of individuals, and may issue
interrogatories to a respondent, to the same extent and subject
to the same limitations as would apply if the subpoenas or
interrogatories were issued or served in aid of a civil action in
a court of common pleas.
(b) Upon written application by a respondent, the
commission shall issue subpoenas in its name to the same extent
and subject to the same limitations as subpoenas issued by the
commission. Subpoenas issued at the request of a respondent
shall show on their face the name and address of the respondent
and shall state that they were issued at his THE RESPONDENT'S
request.
(c) Witnesses summoned by subpoena of the commission are
entitled to the same witness and mileage fees as are witnesses in
proceedings in a court of common pleas.
(d) Within five days after service of a subpoena upon any
person, the person may petition the commission to revoke or
modify the subpoena. The commission shall grant the petition if
it finds that the subpoena requires an appearance or attendance
at an unreasonable time or place, that it requires production of
evidence that does not relate to any matter before the
commission, that it does not describe with sufficient
particularity the evidence to be produced, that compliance would
be unduly onerous, or for other good reason.
(e) In case of contumacy or refusal to obey a subpoena,
the commission or person at whose request it was issued may
petition for its enforcement in the court of common pleas in the
county in which the person to whom the subpoena was addressed
resides, was served, or transacts business.
(4) Create local or statewide advisory agencies and
conciliation councils to aid in effectuating the purposes of this
chapter. The commission may itself, or it may empower these
agencies and councils to, do either or both of the following:
(a) Study the problems of discrimination in all or
specific fields of human relationships when based on race, color,
religion, sex, familial status, national origin, handicap
DISABILITY, age,
or ancestry;
(b) Foster through community effort, or otherwise, good
will among the groups and elements of the population of the
state.
The agencies and councils may make recommendations to the
commission for the development of policies and procedures in
general. They shall be composed of representative citizens who
shall serve without pay, except that reimbursement for actual and
necessary traveling expenses shall be made to citizens who serve
on a statewide agency or council.
(5) Issue any publications and the results of
investigations and research that in its judgment will tend to
promote good will and minimize or eliminate discrimination
because of race, color, religion, sex, familial status, national
origin, handicap DISABILITY, age, or ancestry.
Sec. 4112.05. (A) The commission, as provided in this
section, shall prevent any person from engaging in unlawful
discriminatory practices, provided that, before instituting the
formal hearing authorized by division (B) of this section, it
shall attempt, by informal methods of conference, conciliation,
and persuasion, to induce compliance with this chapter.
(B)(1) Any person may file a charge with the commission
alleging that another person has engaged or is engaging in an
unlawful discriminatory practice. In the case of a charge
alleging an unlawful discriminatory practice described in
division (A), (B), (C), (D), (E), (F), (G), (I), or (J) of
section 4112.02 or in section 4112.021 or 4112.022 of the Revised
Code, the charge shall be in writing and under oath and shall be
filed with the commission within six months after the alleged
unlawful discriminatory practice was committed. In the case of a
charge alleging an unlawful discriminatory practice described in
division (H) of section 4112.02 of the Revised Code, the charge
shall be in writing and under oath and shall be filed with the
commission within one year after the alleged unlawful
discriminatory practice was committed.
(2) Upon receiving a charge, the commission may initiate a
preliminary investigation to determine whether it is probable
that an unlawful discriminatory practice has been or is being
engaged in. The commission also may conduct, upon its own
initiative and independent of the filing of any charges, a
preliminary investigation relating to any of the unlawful
discriminatory practices described in division (A), (B), (C),
(D), (E), (F), (I), or (J) of section 4112.02 or in section
4112.021 or 4112.022 of the Revised Code. Prior to a
notification of a complainant under division (B)(4) of this
section or prior to the commencement of informal methods of
conference, conciliation, and persuasion under that division, the
members of the commission and the officers and employees of the
commission shall not make public in any manner and shall retain
as confidential all information that was obtained as a result of
or that otherwise pertains to a preliminary investigation other
than one described in division (B)(3) of this section.
(3)(a) Unless it is impracticable to do so and subject to
its authority under division (B)(3)(d) of this section, the
commission shall complete a preliminary investigation of a charge
filed pursuant to division (B)(1) of this section that alleges an
unlawful discriminatory practice described in division (H) of
section 4112.02 of the Revised Code, and shall take one of the
following actions, within one hundred days after the filing of
the charge:
(i) Notify the complainant and the respondent that it is
not probable that an unlawful discriminatory practice described
in division (H) of section 4112.02 of the Revised Code has been
or is being engaged in and that the commission will not issue a
complaint in the matter;
(ii) Initiate a complaint and schedule it for informal
methods of conference, conciliation, and persuasion;
(iii) Initiate a complaint and refer it to the attorney
general with a recommendation to seek a temporary or permanent
injunction or a temporary restraining order. If this action is
taken, the attorney general shall apply, as expeditiously as
possible after receipt of the complaint, to the court of common
pleas of the county in which the unlawful discriminatory practice
allegedly occurred for the appropriate injunction or order, and
the court shall hear and determine the application as
expeditiously as possible.
(b) If it is not practicable to comply with the
requirements of division (B)(3)(a) of this section within the
one-hundred-day period described in that division, the commission
shall notify the complainant and the respondent in writing of the
reasons for the noncompliance.
(c) Prior to the issuance of a complaint under division
(B)(3)(a)(ii) or (iii) of this section or prior to a notification
of the complainant and the respondent under division (B)(3)(a)(i)
of this section, the members of the commission and the officers
and employees of the commission shall not make public in any
manner and shall retain as confidential all information that was
obtained as a result of or that otherwise pertains to a
preliminary investigation of a charge filed pursuant to division
(B)(1) of this section that alleges an unlawful discriminatory
practice described in division (H) of section 4112.05 of the
Revised Code.
(d) Notwithstanding the types of action described in
divisions (B)(3)(a)(ii) and (iii) of this section, prior to the
issuance of a complaint or the referral of a complaint to the
attorney general and prior to endeavoring to eliminate an
unlawful discriminatory practice described in division (H) of
section 4112.02 of the Revised Code by informal methods of
conference, conciliation, and persuasion, the commission may seek
a temporary or permanent injunction or a temporary restraining
order in the court of common pleas of the county in which the
unlawful discriminatory practice allegedly occurred.
(4) If the commission determines after a preliminary
investigation other than one described in division (B)(3) of this
section that it is not probable that an unlawful discriminatory
practice has been or is being engaged in, it shall notify any
complainant under division (B)(1) of this section that it has so
determined and that it will not issue a complaint in the matter.
If the commission determines after a preliminary investigation
other than the one described in division (B)(3) of this section
that it is probable that an unlawful discriminatory practice has
been or is being engaged in, it shall endeavor to eliminate the
practice by informal methods of conference, conciliation, and
persuasion.
(5) Nothing said or done during informal methods of
conference, conciliation, and persuasion under this section shall
be disclosed by any member of the commission or its staff or be
used as evidence in any subsequent hearing or other proceeding.
If, after a preliminary investigation and the use of informal
methods of conference, conciliation, and persuasion under this
section, the commission is satisfied that any unlawful
discriminatory practice will be eliminated, it may treat the
charge involved as being conciliated and enter that disposition
on the records of the commission. If the commission fails to
effect the elimination of an unlawful discriminatory practice by
informal methods of conference, conciliation, and persuasion
under this section and to obtain voluntary compliance with this
chapter, the commission shall issue and cause to be served upon
any person, including the respondent against whom a complainant
has filed a charge pursuant to division (B)(1) of this section, a
complaint stating the charges involved and containing a notice of
an opportunity for a hearing before the commission, a member of
the commission, or a hearing examiner at a place that is stated
in the notice and that is located within the county in which the
alleged unlawful discriminatory practice has occurred or is
occurring or in which the respondent resides or transacts
business. The hearing shall be held not less than thirty days
after the service of the complaint upon the complainant, the
aggrieved persons other than the complainant on whose behalf the
complaint is issued, and the respondent, unless the complainant,
an aggrieved person, or the respondent elects to proceed under
division (A)(2) of section 4112.051 of the Revised Code when that
division is applicable. If a complaint pertains to an alleged
unlawful discriminatory practice described in division (H) of
section 4112.02 of the Revised Code, the complaint shall notify
the complainant, an aggrieved person, and the respondent of the
right of the complainant, an aggrieved person, or the respondent
to elect to proceed with the administrative hearing process under
this section or to proceed under division (A)(2) of section
4112.051 of the Revised Code.
(6) The attorney general shall represent the commission at
any hearing held pursuant to division (B)(5) of this section and
shall present the evidence in support of the complaint.
(7) Any complaint issued pursuant to division (B)(5) of
this section after the filing of a charge under division (B)(1)
of this section shall be so issued within one year after the
complainant filed the charge with respect to an alleged unlawful
discriminatory practice.
(C) Any complaint issued pursuant to division (B) of this
section may be amended by the commission, a member of the
commission, or the hearing examiner conducting a hearing under
division (B) of this section, at any time prior to or during the
hearing. The respondent has the right to file an answer or an
amended answer to the original and amended complaints and to
appear at the hearing in person, by attorney, or otherwise to
examine and cross-examine witnesses.
(D) The complainant shall be a party to a hearing under
division (B) of this section, and any person who is an
indispensable party to a complete determination or settlement of
a question involved in the hearing shall be joined. Any person
who has or claims an interest in the subject of the hearing and
in obtaining or preventing relief against the unlawful
discriminatory practices complained of may be permitted, in the
discretion of the person or persons conducting the hearing, to
appear for the presentation of oral or written arguments.
(E) In any hearing under division (B) of this section, the
commission, a member of the commission, or the hearing examiner
shall not be bound by the Rules of Evidence but, in ascertaining
the practices followed by the respondent, shall take into account
all reliable, probative, and substantial statistical or other
evidence produced at the hearing that may tend to prove the
existence of a predetermined pattern of employment or membership,
provided that nothing contained in this section shall be
construed to authorize or require any person to observe the
proportion that persons of any race, color, religion, sex,
familial status, national origin, handicap DISABILITY, age, or
ancestry bear
to the total population or in accordance with any criterion other
than the individual qualifications of the applicant.
(F) The testimony taken at a hearing under division (B) of
this section shall be under oath and shall be reduced to writing
and filed with the commission. Thereafter, in its discretion,
the commission, upon the service of a notice upon the complainant
and the respondent that indicates an opportunity to be present,
may take further testimony or hear argument.
(G)(1) If, upon all reliable, probative, and substantial
evidence presented at a hearing under division (B) of this
section, the commission determines that the respondent has
engaged in, or is engaging in, any unlawful discriminatory
practice, whether against the complainant or others, the
commission shall state its findings of fact and conclusions of
law and shall issue and, subject to the provisions of Chapter
119. of the Revised Code, cause to be served on the respondent an
order requiring the respondent to cease and desist from the
unlawful discriminatory practice, requiring the respondent to
take any further affirmative or other action that will effectuate
the purposes of this chapter, including, but not limited to,
hiring, reinstatement, or upgrading of employees with or without
back pay, or admission or restoration to union membership, and
requiring the respondent to report to the commission the manner
of compliance. If the commission directs payment of back pay, it
shall make allowance for interim earnings. If it finds a
violation of division (H) of section 4112.02 of the Revised Code,
the commission additionally shall require the respondent to pay
actual damages and reasonable attorney's fees, and may award to
the complainant punitive damages as follows:
(a) If division (G)(1)(b) or (c) of this section does not
apply, punitive damages in an amount not to exceed ten thousand
dollars;
(b) If division (G)(1)(c) of this section does not apply
and if the respondent has been determined by a final order of the
commission or by a final judgment of a court to have committed
one violation of division (H) of section 4112.02 of the Revised
Code during the five-year period immediately preceding the date
on which a complaint was issued pursuant to division (B) of this
section, punitive damages in an amount not to exceed twenty-five
thousand dollars;
(c) If the respondent has been determined by a final order
of the commission or by a final judgment of a court to have
committed two or more violations of division (H) of section
4112.02 of the Revised Code during the seven-year period
immediately preceding the date on which a complaint was issued
pursuant to division (B) of this section, punitive damages in an
amount not to exceed fifty thousand dollars.
(2) Upon the submission of reports of compliance, the
commission may issue a declaratory order stating that the
respondent has ceased to engage in particular unlawful
discriminatory practices.
(H) If the commission finds that no probable cause exists
for crediting charges of unlawful discriminatory practices or if,
upon all the evidence presented at a hearing under division (B)
of this section on a charge, the commission finds that a
respondent has not engaged in any unlawful discriminatory
practice against the complainant or others, it shall state its
findings of fact and shall issue and cause to be served on the
complainant an order dismissing the complaint as to the
respondent. A copy of the order shall be delivered in all cases
to the attorney general and any other public officers whom the
commission considers proper.
(I) Until the time period for appeal set forth in division
(H) of section 4112.06 of the Revised Code expires, the
commission, subject to the provisions of Chapter 119. of the
Revised Code, at any time, upon reasonable notice, and in the
manner it considers proper, may modify or set aside, in whole or
in part, any finding or order made by it under this section.
Sec. 4112.08. This chapter shall be construed liberally
for the accomplishment of its purposes, and any law inconsistent
with any provision of this chapter shall not apply. Nothing
contained in this chapter shall be considered to repeal any of
the provisions of any law of this state relating to
discrimination because of race, color, religion, sex, familial
status, handicap DISABILITY, national origin, age, or ancestry,
except that
any person filing a charge under division (B)(1) of section
4112.05 of the Revised Code is, with respect to the unlawful
discriminatory practices complained of, IS barred from instituting a
civil action under section 4112.14 or division (N) of section
4112.02 of the Revised Code.
Sec. 4117.19. (A) Every employee organization that is
certified or recognized as a representative of public employees
under Chapter 4117. of the Revised Code shall file with the state
employment relations board a registration report, THAT IS signed
by its
president or other appropriate officer. The report shall be in a
form prescribed by the board and accompanied by two copies of the
employee organization's constitution and bylaws. The board shall
accept a filing by a statewide, national, or international
employee organization of its constitution and bylaws in lieu of a
filing of such THE documents by each subordinate organization.
The
exclusive representative or other employee organization
originally filing its constitution and bylaws shall report,
promptly, to the board all changes or amendments to its
constitution and bylaws.
(B) Every employee organization shall file with the board
an annual report. The report shall be in a form prescribed by
the board, and shall contain the following information:
(1) The names and addresses of the organization, any
parent organization or organizations with which it is affiliated,
and all organizationwide officers;
(2) The name and address of its local agent for service of
process;
(3) A general description of the public employees the
organization represents or seeks to represent;
(4) The amounts of the initiation fee and monthly dues
members must pay;
(5) A pledge, in a form prescribed by the board, that the
organization will comply with the laws of the state and that it
will accept members without regard to age, race, color, sex,
creed, religion, ancestry, national origin, handicap DISABILITY AS
DEFINED IN SECTION 4112.01 of the Revised Code, or physical
disability as provided by law;
(6) A financial report.
(C) The constitution or bylaws of every employee
organization shall DO ALL OF THE FOLLOWING:
(1) Require that the organization keep accurate accounts
of all income and expenses, prepare an annual financial report,
keep open for inspection by any member of the organization its
accounts, and make loans to officers and agents only on terms and
conditions available to all members;
(2) Prohibit business or financial interests of its
officers and agents, their spouses, minor children, parents, or
otherwise, in conflict with the fiduciary obligation of such
persons to the organization;
(3) When specifically requested by the board, require
every official who is designated as a fiscal officer of an
employee organization and who is responsible for funds or other
property of the organization or trust in which an organization is
interested, or a subsidiary organization be bonded with the
amount, scope, and form of the bond determined by the board;
(4) Require periodic elections of officers by secret
ballot subject to recognized safeguards concerning the equal
right of all members to nominate, seek office, and vote in the
elections, the right of individual members to participate in the
affairs of the organization, and fair and equitable procedures in
disciplinary actions.
(D) The board shall prescribe rules necessary to govern
the establishment and reporting of trusteeships over employee
organizations. The establishment of trusteeships is permissible
only if the constitution or bylaws of the organization set forth
reasonable procedures.
(E) The board may withhold certification of an employee
organization that willfully refuses to register or file an annual
report, or that willfully refuses to comply with other provisions
of this section. The board may revoke a certification of an
employee organization for willfully failing to comply with this
section. The board may enforce the prohibitions contained in
this section by petitioning the court of common pleas of the
county in which the violation occurs for an injunction. Persons
complaining of A violation of this section shall file the complaint
with the board.
(F) Upon the written request to the board of any member of
a certified employee organization and where the board determines
the necessity for an audit, the board may require the employee
organization to provide a certified audit of its financial
records.
(G) Any employee organization subject to the
"Labor-Management Reporting and Disclosure Act of 1959," 73 Stat.
519, 29 U.S.C.A., 401, as amended, may file copies with the board
of all reports it is required to file under that act in lieu of
compliance with all parts of this section other than division (A)
of this section. The board shall accept a filing by a statewide,
national, or international employee organization of its reports
in lieu of a filing of such reports by each subordinate
organization.
Sec. 4735.16. (A) Every real estate broker licensed under
this chapter shall have and maintain a definite place of business
in this state and shall erect or maintain a sign on the premises
plainly stating that the licensee is a real estate broker. If
the real estate broker maintains one or more branch offices, he THE
REAL ESTATE BROKER shall erect or maintain a sign at each branch office
plainly stating that the licensee is a real estate broker.
(B) Any licensed real estate broker or salesman SALESPERSON who
advertises to buy, sell, exchange, or lease real estate,
including, but not limited to, any licensed real estate broker or
salesman SALESPERSON who advertises to sell, exchange, or lease
real estate
that he THE LICENSEE owns, shall be identified in the
advertisement by name
and by indicating that he THE LICENSEE is a real estate broker
or real estate
salesman SALESPERSON. Except a real estate salesman
SALESPERSON who advertises the sale,
exchange, or lease of real estate that he THE SALESPERSON owns
and that is not listed for sale, exchange, or lease with a real estate broker,
any real estate salesman SALESPERSON who advertises, as provided
in this
section, also shall indicate in his THE advertisement the name
of the
broker under whom he THE SALESPERSON is licensed and the fact
that his THE SALESPERSON'S broker is
a real estate broker. The name of the broker shall be displayed
in equal prominence with the name of the salesman SALESPERSON in
the advertisement.
Any real estate broker or real estate salesman SALESPERSON who
advertises in a manner other than as provided in this section is
guilty of violating division (A)(21) of section 4735.18 of the
Revised Code.
(C) A real estate broker or salesman SALESPERSON obtaining the
signature of a party to a listing or other agreement involved in
a real estate transaction shall furnish a copy of the listing or
other agreement to the party immediately after obtaining his THE
PARTY'S signature. Every broker's office shall prominently display in
the same immediate area as licenses are displayed a statement
that it is illegal to discriminate against any person because of
race, color, religion, sex, familial status, as defined in
section 4112.01 of the Revised Code, national origin, handicap,
DISABILITY
as defined in that section, or ancestry in the sale or rental of
housing or residential lots, in advertising the sale or rental of
housing, in the financing of housing, or in the provision of real
estate brokerage services, and that blockbusting also is illegal.
The statement shall bear the United States department of housing
and urban development equal housing logo and also, shall contain
the information that the broker and his salesmen THE BROKER'S
SALESPERSONS are licensed by the division of real estate and that the
division can assist with any consumer complaints or inquiries, and shall
explain the
provisions of section 4735.12 of the Revised Code. The statement
shall provide the division's address and telephone number. The
Ohio real estate commission shall provide by rule for the wording
and size of the statement. The pamphlet required under section
4735.03 of the Revised Code shall contain the same statement that
is required on the statement displayed as provided in this
section and shall be made available by real estate brokers and
salesmen SALESPERSONS to their clients. The commission shall
provide the wording and size of the pamphlet.
Sec. 4735.55. (A) Each written agency agreement shall contain all of the
following:
(1) An expiration date;
(2) A statement that it is illegal, pursuant to the Ohio fair housing law,
division (H) of section 4112.02 of the Revised Code, and the federal
fair
housing law, 42 U.S.C.A. 3601, to refuse to sell, transfer, assign, rent,
lease, sublease,
or finance housing accommodations, refuse to negotiate
for the sale or rental of housing accommodations, or otherwise
deny or make unavailable housing accommodations because of race,
color, religion, sex, familial status AS DEFINED IN SECTION 4112.01
of the Revised Code, ancestry, handicap DISABILITY AS DEFINED IN THAT
SECTION, or
national origin; or to so discriminate in advertising the sale
or rental of housing, in the financing of housing, or in the
provision of real estate brokerage services;
(3) A statement defining the practice known as "blockbusting" and stating
that it is illegal;
(4) A copy of the United States department of housing and urban development
equal housing opportunity logotype, as set forth in 24 C.F.R. 109.30.
(B) Each written agency agreement shall contain a place for the
licensee and the client to sign and date the agreement.
(C) A licensee shall
furnish a copy of any written agency agreement to a client in a
timely manner after the licensee and the client have signed and dated it.
Sec. 4757.07. The counselor and social worker board and its professional
standards committees shall not discriminate against any licensee,
registrant, or applicant for a license or certificate of registration under
this chapter because of the person's race, color, religion, sex, national
origin, handicap DISABILITY AS DEFINED IN SECTION 4112.01 of the Revised Code,
or age. The board or committee, as appropriate,
shall afford a hearing to any person who files with the board or committee a
statement alleging discrimination based on any of those reasons.
Sec. 5119.61. Any provision in this chapter that refers to
a board of alcohol, drug addiction, and mental health services
also refers to the community mental health board in an alcohol,
drug addiction, and mental health service district that has a
community mental health board.
The director of mental health with respect to all
facilities and programs established and operated under Chapter
340. of the Revised Code for mentally ill and emotionally
disturbed persons, shall DO ALL OF THE FOLLOWING:
(A) Make such rules pursuant to Chapter 119. of the
Revised Code as THAT may be necessary to carry out the purposes
of
Chapter 340. and sections 5119.61 to 5119.63 of the Revised Code;
(B) Adopt rules requiring each public or private agency
providing mental health services or facilities under a contract
with a board of alcohol, drug addiction, and mental health
services and any program operated by such a board to have a
written policy that addresses the rights of clients including ALL OF THE
FOLLOWING:
(1) The right to a copy of the agency's policy of client
rights;
(2) The right at all times to be treated with
consideration and respect for his THE CLIENT'S privacy and
dignity;
(3) The right to have access to his THE CLIENT'S own
psychiatric, medical, or other treatment records unless access is specifically
restricted in the client's treatment plan for clear treatment
reasons;
(4) The right to have a client rights officer provided by
the board or agency advise him THE CLIENT of his THE
CLIENT'S rights, including his THE CLIENT'S rights under
Chapter 5122. of the Revised Code if he THE CLIENT is committed
to the board or agency.
(C) Require each board of alcohol, drug addiction, and
mental health services to ensure that each contract agency
establishes grievance procedures available to all recipients of
services or applicants for services;
(D) Define minimum standards for qualifications of
personnel, professional services, and mental health
professionals, as that term is defined in section 340.02 of the
Revised Code;
(E) Review and evaluate, and, taking into account the
findings and recommendations of the board of alcohol, drug
addiction, and mental health services of the district served by
the program and the requirements and priorities of the state
mental health plan, including the needs of residents of the
district now residing in state mental institutions, approve and
allocate funds to support community programs, and make
recommendations for needed improvements to boards of alcohol,
drug addiction, and mental health services;
(F) Withhold state and federal funds for any program, in
whole or in part, from a board of alcohol, drug addiction, and
mental health services in the event of failure of that program to
comply with Chapter 340. or section 5119.61 or 5119.62 of the
Revised Code or rules of the department of mental health. The
director shall identify the areas of noncompliance and the action
necessary to achieve compliance. The director shall offer
technical assistance to the board to achieve compliance. The
director shall give the board a reasonable time within which to
comply or to present its position that it is in compliance.
Before withholding funds, a hearing shall be conducted to
determine if there are continuing violations and that either
assistance is rejected or the board is unable to achieve
compliance. Subsequent to the hearing process, if it is
determined that compliance has not been achieved, the director
may allocate all or part of the withheld funds to a public or
private agency, to provide the services not in compliance, until
such THE time as THAT there is compliance. The
director shall establish
rules pursuant to Chapter 119. of the Revised Code to implement
this division.
(G) Withhold state or federal funds from a board of
alcohol, drug addiction, and mental health services that denies
available service on the basis of religion, race, color, creed,
sex, national origin, age, physical or mental handicap DISABILITY AS
DEFINED IN SECTION 4112.01 of the Revised Code,
developmental disability, or the inability to pay;
(H) Provide consultative services to community mental
health programs, with the knowledge and cooperation of the board
of alcohol, drug addiction, and mental health services;
(I) Provide to boards of alcohol, drug addiction, and
mental health services state or federal funds, in addition to
those allocated under section 5119.62 of the Revised Code, for
special programs or projects the director considers necessary,
but for which local funds are not available;
(J) Establish criteria by which a board of alcohol, drug
addiction, and mental health services reviews and evaluates the
quality, effectiveness, and efficiency of services provided
through its community mental health plan. The department shall
assess a board's evaluation of services and the compliance of
each board with this section, Chapter 340., or section 5119.62 of
the Revised Code, and other state or federal law and regulations.
The department, in cooperation with the board, periodically shall
review and evaluate the quality, effectiveness, and efficiency of
services provided through each board. The department shall
collect such information as THAT is necessary to perform
these
functions.
(K) Develop and operate a community mental health
information system.
Boards of alcohol, drug abuse, and mental health services
shall submit information requested by the department in the form
and manner prescribed by the department. Information collected
by the department shall include, but not be limited to, ALL
OF THE FOLLOWING:
(1) Information regarding units of services provided in
whole or in part under contract with a board, including diagnosis
and special needs, demographic information, the number of units
of service provided, past treatment, financial status, and
service dates in accordance with rules adopted by the department
in accordance with Chapter 119. of the Revised Code;
(2) Financial information other than price or
price-related data regarding expenditures of boards and community
mental health agencies, including units of service provided,
budgeted and actual expenses by type, and sources of funds.
Boards shall submit the information specified in division
(K)(1) of this section no less frequently than annually for each
client, and each time the client's case is opened or closed. The
department shall not collect any information for the purpose of
identifying by name any person who receives a service through a
board of alcohol, drug addiction, and mental health services,
except as required by state or federal law to validate
appropriate reimbursement. For the purposes of division (K)(1)
of this section, the department shall use an identification
system that is consistent with applicable nationally recognized
standards.
(L) Review each board's plan submitted pursuant to section
340.03 of the Revised Code and approve or disapprove it in whole
or in part. Periodically, in consultation with representatives
of boards and after considering the recommendations of the
medical director, the director shall issue criteria for
determining when a plan is complete, criteria for plan approval
or disapproval, and provisions for conditional approval. The
factors that the director considers may include, but are not
limited to, the following:
(1) The mental health needs of all persons residing within
the board's service district, especially severely mentally
disabled children, adolescents, and adults;
(2) The demonstrated quality, effectiveness, efficiency,
and cultural relevance of the services provided in each service
district, the extent to which any services are duplicative of
other available services, and whether the services meet the needs
identified above;
(3) The adequacy of the board's accounting for the
expenditure of funds.
If the director disapproves all or part of any plan, he THE
DIRECTOR shall provide the board an opportunity to present its position.
The director shall inform the board of the reasons for the
disapproval and of the criteria that must be met before the plan
may be approved. The director shall give the board a reasonable
time within which to meet the criteria, and shall offer technical
assistance to the board to help it meet the criteria.
If the approval of a plan remains in dispute thirty days
prior to the conclusion of the fiscal year in which the board's
current plan is scheduled to expire, the board or the director
may request that the dispute be submitted to a mutually agreed
upon third-party mediator with the cost to be shared by the board
and the department. The mediator shall issue to the board and
the department recommendations for resolution of the dispute.
Prior to the conclusion of the fiscal year in which the current
plan is scheduled to expire, the director, taking into
consideration the recommendations of the mediator, shall make a
final determination and approve or disapprove the plan, in whole
or in part.
(M) Visit and evaluate any community mental health
program, agency, or facility, in cooperation with a board of
alcohol, drug addiction, and mental health services, to determine
if the services meet minimum standards pursuant to division (G)
of section 5119.01 of the Revised Code. If the director
determines that the services meet minimum standards, he THE
DIRECTOR shall so certify.
If the director determines that the services of any
program, agency, or facility that has a contract with a board do
not meet minimum standards, he THE DIRECTOR shall identify the
areas of
noncompliance, specify what action is necessary to meet the
standards, and offer technical assistance to the board so that it
may assist the program, agency, or facility to meet minimum
standards. The director shall give the board a reasonable time
within which to demonstrate that the services meet minimum
standards or to bring the program or facility into compliance
with the standards. If the director concludes that the services
continue to fail to meet minimum standards, the director may
request that the board reallocate the funds for those services to
another program, agency, or facility which meets minimum
standards. If the board does not reallocate those funds in a
reasonable period of time, the director may withhold state and
federal funds for the services and allocate those funds directly
to a public or private agency that meets minimum standards.
Each program, agency, and facility shall pay a fee for the
certification review required by this division. Fees shall be
paid into the sale of goods and services fund created pursuant to
section 5119.161 of the Revised Code.
The director shall adopt rules under Chapter 119. of the
Revised Code to implement this division. The rules shall do all
of the following:
(1) Establish the process for certification of services of
programs, agencies, or facilities;
(2) Set the amount of certification review fees based on a
portion of the cost of performing the review;
(3) Specify the type of notice and hearing to be provided
prior to a decision whether to reallocate funds.
Sec. 5123.351. The director of mental retardation and
developmental disabilities, with respect to the eligibility for
state reimbursement of expenses incurred by facilities and
programs established and operated under Chapter 5126. of the
Revised Code for mentally retarded and developmentally disabled
persons, shall DO ALL OF THE FOLLOWING:
(A) Make such rules as THAT may be necessary to carry
out the
purposes of Chapter 5126. and sections 5123.35, 5123.351, and
5123.36 of the Revised Code;
(B) Define minimum standards for qualifications of
personnel, professional services, and in-service training and
educational leave programs;
(C) Review and evaluate community programs and make
recommendations for needed improvements to county boards of
mental retardation and developmental disabilities and to program
directors;
(D) Withhold state reimbursement, in whole or in part,
from any county or combination of counties for failure to comply
with Chapter 5126. or section 5123.35 or 5123.351 of the Revised
Code or rules of the department of mental retardation and
developmental disabilities;
(E) Withhold state funds from an agency, corporation, or
association denying or rendering service on the basis of race,
color, sex, religion, ancestry, national origin, handicap DISABILITY
AS DEFINED IN SECTION 4112.01 of the Revised Code, or
inability to pay;
(F) Provide consultative staff service to communities to
assist in ascertaining needs and in planning and establishing
programs.
Section 2. That existing sections 124.93, 125.111, 153.59,
175.05, 175.06, 176.04, 176.06, 306.43, 717.01, 1501.012,
2927.03, 3781.111, 4112.01, 4112.02, 4112.021, 4112.022,
4112.04, 4112.05, 4112.08, 4117.19, 4735.16, 4735.55, 4757.07,
5119.61, and 5123.351 of the Revised Code are hereby repealed.
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