The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
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Am. Sub. H. B. No. 372 As Passed by the HouseAs Passed by the House
127th General Assembly | Regular Session | 2007-2008 |
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Representatives McGregor, R., Ujvagi
Cosponsors:
Representatives Bubp, Wachtmann, Combs, Aslanides, White, Domenick, Healy, Reinhard, Bacon, Barrett, Batchelder, Beatty, Blessing, Bolon, Book, Boyd, Brady, Brown, Budish, Carmichael, Celeste, Chandler, Coley, Collier, Daniels, DeBose, DeGeeter, DeWine, Distel, Dodd, Dolan, Driehaus, Dyer, Evans, Fende, Flowers, Foley, Garrison, Gerberry, Gibbs, Goodwin, Goyal, Hagan, J., Hagan, R., Harwood, Heard, Hite, Hottinger, Huffman, Hughes, Jones, Latta, Letson, Luckie, Lundy, Mallory, McGregor, J., Mecklenborg, Oelslager, Okey, Otterman, Patton, Peterson, Raussen, Redfern, Sayre, Schindel, Schlichter, Schneider, Setzer, Skindell, Stebelton, Stewart, D., Stewart, J., Strahorn, Sykes, Szollosi, Uecker, Wagner, Wagoner, Widener, Williams, B., Williams, S., Wolpert, Yates, Yuko, Zehringer
A BILL
To amend sections 124.93,
125.111, 153.59, 153.591,
176.04, 176.06, 717.01, 1751.18, 2101.16, 2927.03,
3905.55,
4112.01, 4112.02,
4112.021, 4112.04,
4112.05,
4112.08, 4117.19, 4503.571, 4735.16,
4735.55, 5747.01, 5903.10, and
5903.12 and to
enact sections 1349.04, 2101.164, 4112.023, and
5903.121 of the
Revised Code to exempt estates of
armed forces
members who died while serving in a
combat zone
from probate fees, to exempt military
retirement
pay from the income tax, to provide
that
reservists and National Guard members may
renew
their professional licenses within six
months
after active duty service, to extend
continuing education reporting periods for
National Guard members ordered to duty by the
Governor, to
provide that standard "Purple Heart"
license plates be issued
without charge, to
prohibit discrimination under the Ohio
Civil
Rights Commission
Law and certain other laws
on
the basis of military status,
to require the
Attorney General to appoint a staff member of the
Consumer Protection Division to expedite certain
cases or issues
raised by a person, or the
person's immediate family, who is
deployed on
active duty, and to require relevant military
experience to be considered in continuing
education determinations.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 124.93, 125.111, 153.59,
153.591,
176.04, 176.06, 717.01, 1751.18, 2101.16, 2927.03, 3905.55,
4112.01,
4112.02, 4112.021, 4112.04,
4112.05, 4112.08, 4117.19,
4503.571, 4735.16, 4735.55, 5747.01, 5903.10, and
5903.12 be
amended and that sections 1349.04, 2101.164, 4112.023, and
5903.121 of the Revised Code
be enacted 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,
because of a
physician's race, color, religion, sex, national
origin,
disability or military status 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
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, by reason of race, color, religion, sex,
age,
disability or military status 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 person
acting on
behalf of any contractor or subcontractor, 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, disability or military
status 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
referred to
in
division (E)(1) of 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 equal
employment opportunity office of the
department of administrative
services.
Sec. 153.59. Every contract for or on behalf of the state,
or any township, county, or municipal corporation 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 the contract or any subcontract, no contractor,
subcontractor, or any person acting on a contractor's or
subcontractor's behalf, by
reason of race, creed, sex, disability
or military status 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, or any person on
a
contractor's or subcontractor's behalf, in
any
manner, shall
discriminate against or
intimidate any employee hired for the
performance of work under
the contract on account of race, creed,
sex,
disability or military status as
defined in section 4112.01
of the Revised Code, or color.
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
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,
but not
limited to, race, religion, sex,
disability or military status 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,
disability or military status as defined in section 4112.01 of the
Revised Code, national
origin, ancestry, or other similar cause.
Sec. 153.591. Any provision of a hiring hall contract or
agreement which obligates a contractor to hire, if available,
only
employees referred to the contractor by a
labor
organization shall
be void as against public policy and
unenforceable with respect to
employment under any public works
contract unless at the date of
execution of the hiring hall
contract or agreement, or within
thirty days thereafter, the
labor organization has in effect
procedures for referring
qualified employees for hire without
regard to race, color,
religion, national origin, military status
as defined in section 4112.01 of the Revised Code, or ancestry and
unless the labor
organization includes in its apprentice and
journeyperson's
membership, or otherwise has available for job
referral without
discrimination, qualified employees, both whites
and non-whites
(including African-Americans).
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,
disability or
military status 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
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. (A) 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
mortgage loan category described
in this section shall be itemized to
clearly and conspicuously
disclose the following:
(1) 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.;
(2) 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;
(3) The number and dollar amount of home improvement
loans;
(4) 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,
disability as defined in section 4112.01 of the Revised Code,
military status as defined in that section, and
national origin.
(B) 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.
(C) As used in this section, "mortgage loan"
means a loan
secured by a
mortgage, deed of trust, or other security interest
to finance the
acquisition, construction, improvement, or
rehabilitation of
single-family residential housing.
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, military
status as defined in that section, 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, military status as defined
in that section, 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. 1349.04. (A) As used in this section:
(1) "Active duty" means active duty pursuant to an executive
order of the president of the United States, an act of the
congress of the United States, or section 5919.29 or 5923.21 of
the Revised Code.
(2) "Immediate family" means a person's spouse residing in
the person's household; brothers and sisters of the whole or half
blood; children, including adopted children and stepchildren;
parents; and grandparents.
(B) The attorney general shall appoint a member of the staff
of the consumer protection division of the attorney general's
office to expedite cases or issues raised by a person, or the
immediate family of the person, who is deployed on active duty,
which cases or issues raised relate to sections 125.021, 317.322,
1343.031, 1349.02, 1349.03, 1713.60, 1923.062, 3313.64, 3332.20,
3345.53, 3915.053, 4933.12, or 4933.121 of the Revised Code or to
any other relevant section of the Revised Code regulating consumer
protection.
Sec. 1751.18. (A)(1) No health insuring corporation shall
cancel or fail to
renew the coverage of a subscriber or enrollee
because of any health
status-related factor in relation to the
subscriber or enrollee, the
subscriber's or enrollee's
requirements
for health care services, or for any
other reason
designated under rules adopted by the superintendent of
insurance.
(2) Unless otherwise required by state or federal law, no
health insuring corporation, or health care facility or provider
through which the health insuring corporation has made
arrangements to provide health care services, shall discriminate
against any individual with regard to enrollment, disenrollment,
or the quality of health care services rendered, on the basis of
the individual's race, color, sex, age, religion, military status
as defined in section 4112.01 of the Revised Code, or status as a
recipient of
medicare or medical
assistance under Title XVIII or
XIX of the "Social Security Act," 49 Stat. 620
(1935), 42 U.S.C.A.
301, as amended, or any health status-related factor
in relation
to the individual. However, a health insuring corporation
shall
not be required to accept a recipient of medicare or medical
assistance, if an agreement has not been reached on appropriate
payment mechanisms between the health insuring corporation and
the
governmental agency administering these programs. Further,
except
during a period of open enrollment under section 1751.15
of the
Revised Code, a health insuring
corporation may reject an
applicant for nongroup enrollment on
the basis of any health
status-related factor in relation to
the applicant.
(B) A health insuring
corporation may cancel or decide not to
renew the coverage of an enrollee
if the enrollee has performed an
act
or practice that constitutes fraud or intentional
misrepresentation of
material
fact under the terms of the coverage
and if the cancellation or nonrenewal is
not based, either
directly or indirectly, on any health status-related factor
in
relation to the enrollee.
(C) An enrollee may appeal any action or
decision of
a health
insuring corporation
taken pursuant to section 2742(b) to (e) of
the
"Health Insurance Portability and
Accountability Act of 1996,"
Pub. L.
No. 104-191, 110 Stat. 1955, 42
U.S.C.A. 300gg-42, as
amended.
To
appeal, the enrollee may submit a written
complaint
to the health insuring corporation pursuant to section
1751.19 of
the Revised Code. The enrollee may,
within thirty days after
receiving a written response from the
health insuring corporation,
appeal the health insuring
corporation's action or decision to the
superintendent.
(D) As used in this section, "health status-related factor"
means any of the following:
(2) Medical condition, including both physical and
mental
illnesses;
(4) Receipt of health care;
(7) Evidence of insurability, including conditions
arising
out of acts of domestic violence;
Sec. 2101.16. (A) The Except as provided in section 2101.164
of the Revised Code, the fees enumerated in this division
shall be
charged and collected, if possible, by the probate judge
and shall
be in full for all services rendered in the respective
proceedings:
(1) |
|
Account, in addition to advertising charges .......... |
$12.00 |
|
|
Waivers and proof of notice of hearing on account, per |
|
|
|
page,
minimum one dollar ............................. |
$ 1.00 |
(2) |
|
Account of distribution, in addition to |
|
|
|
advertising charges .................................. |
$ 7.00 |
(3) |
|
Adoption of child, petition for ...................... |
$50.00 |
(4) |
|
Alter or cancel contract for sale or purchase of |
|
|
|
real estate, petition
to ............................. |
$20.00 |
(5) |
|
Application and order not otherwise provided |
|
|
|
for in
this section or by rule adopted pursuant to |
|
|
|
division (E) of this
section ......................... |
$ 5.00 |
(6) |
|
Appropriation suit, per day, hearing in .............. |
$20.00 |
(7) |
|
Birth, application for registration of ............... |
$ 7.00 |
(8) |
|
Birth record, application to correct ................. |
$ 5.00 |
(9) |
|
Bond, application for new or additional .............. |
$ 5.00 |
(10) |
|
Bond, application for release of surety or |
|
|
|
reduction of ......................................... |
$ 5.00 |
(11) |
|
Bond, receipt for securities deposited in lieu of .... |
$ 5.00 |
(12) |
|
Certified copy of journal entry, record, or proceeding, |
|
|
|
per page,
minimum fee one dollar ..................... |
$ 1.00 |
(13) |
|
Citation and issuing citation, application for ....... |
$ 5.00 |
(14) |
|
Change of name, petition for ......................... |
$20.00 |
(15) |
|
Claim, application of administrator or executor for |
|
|
|
allowance of
administrator's or executor's own ....... |
$10.00 |
(16) |
|
Claim, application to compromise or
settle ........... |
$10.00 |
(17) |
|
Claim, authority to present .......................... |
$10.00 |
(18) |
|
Commissioner, appointment of ......................... |
$ 5.00 |
(19) |
|
Compensation for extraordinary services and attorney's
|
|
|
|
fees for fiduciary, application for .................. |
$ 5.00 |
(20) |
|
Competency, application to procure adjudication of ... |
$20.00 |
(21) |
|
Complete contract, application to .................... |
$10.00 |
(22) |
|
Concealment of assets, citation for .................. |
$10.00 |
(23) |
|
Construction of will, petition for ................... |
$20.00 |
(24) |
|
Continue decedent's business, application to ......... |
$10.00 |
|
|
Monthly reports of operation ......................... |
$ 5.00 |
(25) |
|
Declaratory judgment, petition for ................... |
$20.00 |
(26) |
|
Deposit of will ...................................... |
$ 5.00 |
(27) |
|
Designation of heir .................................. |
$20.00 |
(28) |
|
Distribution in kind, application, assent, and |
|
|
|
order for ............................................ |
$ 5.00 |
(29) |
|
Distribution under section 2109.36 of the Revised |
|
|
|
Code, application
for an order of .................... |
$ 7.00 |
(30) |
|
Docketing and indexing proceedings, including the |
|
|
|
filing and noting of
all necessary documents, maximum |
|
|
|
fee, fifteen dollars ................................. |
$15.00 |
(31) |
|
Exceptions to any proceeding named in this section, |
|
|
|
contest of
appointment or ............................ |
$10.00 |
(32) |
|
Election of surviving partner to purchase assets of |
|
|
|
partnership,
proceedings relating to ................. |
$10.00 |
(33) |
|
Election of surviving spouse under will .............. |
$ 5.00 |
(34) |
|
Fiduciary, including an assignee or trustee of an |
|
|
|
insolvent debtor or
any guardian or conservator |
|
|
|
accountable to the probate court, appointment
of ..... |
$35.00 |
(35) |
|
Foreign will, application to record .................. |
$10.00 |
|
|
Record of foreign will, additional, per page ......... |
$ 1.00 |
(36) |
|
Forms when supplied by the probate court, not to
|
|
|
|
exceed ............................................... |
$10.00 |
(37) |
|
Heirship, petition to determine ...................... |
$20.00 |
(38) |
|
Injunction proceedings ............................... |
$20.00 |
(39) |
|
Improve real estate, petition to ..................... |
$20.00 |
(40) |
|
Inventory with appraisement .......................... |
$10.00 |
(41) |
|
Inventory without appraisement ....................... |
$ 7.00 |
(42) |
|
Investment or expenditure of funds, application for .. |
$10.00 |
(43) |
|
Invest in real estate, application
to ................ |
$10.00 |
(44) |
|
Lease for oil, gas, coal, or other mineral, petition |
|
|
|
to ................................................... |
$20.00 |
(45) |
|
Lease or lease and improve real estate, petition to .. |
$20.00 |
(46) |
|
Marriage license ..................................... |
$10.00 |
|
|
Certified abstract of each marriage .................. |
$ 2.00 |
(47) |
|
Minor or mentally ill person, etc., disposal of estate |
|
|
|
under ten
thousand dollars of ........................ |
$10.00 |
(48) |
|
Mortgage or mortgage and repair or improve real |
|
|
|
estate, petition
to .................................. |
$20.00 |
(49) |
|
Newly discovered assets, report of ................... |
$ 7.00 |
(50) |
|
Nonresident executor or administrator to bar |
|
|
|
creditors' claims,
proceedings by .................... |
$20.00 |
(51) |
|
Power of attorney or revocation of power, |
|
|
|
bonding company ...................................... |
$10.00 |
(52) |
|
Presumption of death, petition to establish .......... |
$20.00 |
(53) |
|
Probating will ....................................... |
$15.00 |
|
|
Proof of notice to beneficiaries ..................... |
$ 5.00 |
(54) |
|
Purchase personal property, application of surviving |
|
|
|
spouse to ............................................ |
$10.00 |
(55) |
|
Purchase real estate at appraised value, petition of |
|
|
|
surviving spouse
to .................................. |
$20.00 |
(56) |
|
Receipts in addition to advertising charges, |
|
|
|
application and order to
record ...................... |
$ 5.00 |
|
|
Record of those receipts, additional, per page ....... |
$ 1.00 |
(57) |
|
Record in excess of fifteen hundred words in any |
|
|
|
proceeding in the
probate court, per page ............ |
$ 1.00 |
(58) |
|
Release of estate by mortgagee or other lienholder ... |
$ 5.00 |
(59) |
|
Relieving an estate from
administration under section |
|
|
|
2113.03 of the Revised Code or granting an order
for a |
|
|
|
summary release from administration under section |
|
|
|
2113.031 of the
Revised Code ......................... |
$60.00 |
(60) |
|
Removal of fiduciary, application for ................ |
$10.00 |
(61) |
|
Requalification of executor or administrator ......... |
$10.00 |
(62) |
|
Resignation of fiduciary ............................. |
$ 5.00 |
(63) |
|
Sale bill, public sale of personal property .......... |
$10.00 |
(64) |
|
Sale of personal property and report, application |
|
|
|
for .................................................. |
$10.00 |
(65) |
|
Sale of real estate, petition for .................... |
$25.00 |
(66) |
|
Terminate guardianship, petition to .................. |
$10.00 |
(67) |
|
Transfer of real estate, application, entry, and |
|
|
|
certificate
for ...................................... |
$ 7.00 |
(68) |
|
Unclaimed money, application to invest ............... |
$ 7.00 |
(69) |
|
Vacate approval of account or order of distribution,
|
|
|
|
motion to ............................................ |
$10.00 |
(70) |
|
Writ of execution .................................... |
$ 5.00 |
(71) |
|
Writ of possession ................................... |
$ 5.00 |
(72) |
|
Wrongful death, application and settlement of claim |
|
|
|
for .................................................. |
$20.00 |
(73) |
|
Year's allowance, petition to review ................. |
$ 7.00 |
(74) |
|
Guardian's report, filing and review of .............. |
$ 5.00 |
(B)(1) In relation to an application for the appointment of a
guardian or the review of a report of a guardian under section
2111.49 of the Revised Code, the probate court, pursuant to court
order or in accordance with a court rule, may direct that the
applicant or the estate pay any or all of the expenses of an
investigation conducted pursuant to section 2111.041 or division
(A)(2) of section 2111.49 of the Revised Code. If the
investigation is conducted by a public employee or investigator
who is paid by the county, the fees for the investigation shall
be
paid into the county treasury. If the court finds that an
alleged
incompetent or a ward is indigent, the court may waive
the costs,
fees, and expenses of an investigation.
(2) In relation to the appointment or functioning of a
guardian for a minor or
the guardianship of a minor, the probate
court may direct that the applicant
or
the estate pay any or all
of the expenses of an investigation conducted
pursuant to section
2111.042 of the Revised Code. If the investigation is
conducted by
a public employee or investigator who is paid by the county, the
fees for the investigation shall be paid into the county treasury.
If the
court finds that the guardian or applicant is indigent, the
court may waive
the
costs, fees, and expenses of an investigation.
(C) Thirty dollars of the thirty-five-dollar fee collected
pursuant to division (A)(34) of this section and twenty dollars
of
the sixty-dollar fee collected pursuant to division
(A)(59) of
this section shall be deposited by the county
treasurer in the
indigent guardianship fund created pursuant to
section 2111.51 of
the Revised Code.
(D) The fees of witnesses, jurors, sheriffs, coroners, and
constables for services rendered in the probate court or by order
of the probate judge shall be the same as provided for like
services in the court of common pleas.
(E) The probate court, by rule, may require an advance
deposit for costs, not to exceed one hundred twenty-five dollars,
at the time application is made for an appointment as executor or
administrator or at the time a will is presented for probate.
(F) The probate court, by rule, shall establish a
reasonable
fee, not to exceed fifty dollars, for the filing of a
petition for
the release of information regarding an adopted
person's name by
birth and the identity of the adopted
person's biological parents
and biological siblings pursuant to section
3107.41 of the
Revised
Code, all proceedings relative to the petition, the entry
of an
order relative to the petition, and all services required
to be
performed in connection with the petition. The probate
court may
use a reasonable portion of a fee charged under
authority of this
division to reimburse any agency, as defined in
section 3107.39 of
the Revised Code, for any services it renders
in performing a task
described in section 3107.41 of the Revised
Code relative to or in
connection with the petition for which the
fee was charged.
(G)(1) Thirty dollars of the fifty-dollar fee collected
pursuant to division
(A)(3) of this section shall be deposited
into the "putative father registry
fund," which is hereby created
in the state treasury. The department of job
and family
services
shall use the money in the fund to fund the department's costs of
performing its duties related to the putative father registry
established
under section 3107.062 of the Revised Code.
(2) If the department determines that money in the putative
father registry fund is more than is needed for its duties related
to the putative father registry, the department may use the
surplus moneys in the fund as permitted in division (C) of section
2151.3529, division (B) of section 2151.3530, or section 5103.155
of the Revised Code.
Sec. 2101.164. (A) As used in this section, "combat zone"
means an area that the president of the United States by executive
order designates for purposes of 26 U.S.C. 112 as an area in which
armed forces of the United States or the national guard are
engaging or have engaged in combat.
(B) A probate judge shall not charge, or collect from, the
estate of a decedent who died while in active service as a member
of the armed forces of the United States or the national guard any
of the following fees
if the death occurred while the decedent
was serving in a combat
zone or as a result of wounds, disease,
or injury incurred while
serving in a combat zone:
(1) Any fee for or associated with the filing of the
decedent's will for probate;
(2) Any fee for any service rendered by the probate court
that is associated with the administration of the decedent's
estate;
(3) Any fee for relieving the decedent's estate from
administration under section 2113.03 of the Revised Code or
granting an order for a summary release from administration under
section 2113.031 of the Revised Code.
(C) In determining whether a decedent died in a place or
manner that exempts the estate of the decedent from fees under
division (B) of this section, a probate judge may consider a
casualty report issued pursuant to Army Regulation 600-8-1 or the
regulations of any of the armed services of the United States or
the national guard, the
list of combat zones set forth in
Publication 3, "The Armed
Forces' Tax Guide," of the Internal
Revenue Service, or any other
form of documentation satisfactory
to the probate judge.
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, military status as defined in that section,
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, military status as
defined in that section,
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, military status as defined in that section, 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. 3905.55. (A) Except as provided in division
(B) of
this
section, an agent
may charge a consumer a fee if all of the
following conditions
are met:
(1) The fee is disclosed to the consumer in a manner
that
separately identifies the fee and the premium.
(2) The fee is not calculated as a percentage of the
premium.
(3) The fee is not refunded, forgiven, waived, offset,
or
reduced by any commission earned or received for any policy
or
coverage sold.
(4) The amount of the fee, and the consumer's
obligation to
pay the fee, are not conditioned upon the
occurrence of a future
event or condition, such as the purchase,
cancellation, lapse,
declination, or nonrenewal of
insurance.
(5) The agent discloses to the consumer that the fee
is
being
charged by the agent and not by the insurance company,
that
neither state law nor the insurance company requires the
agent to
charge the fee, and that the fee is not
refundable.
(6) The consumer consents to the fee.
(7) The agent, in charging the fee, does not
discriminate on
the basis of race, sex, national origin,
religion, disability,
health status, age, marital status, military status as defined in
section 4112.01 of the Revised Code, or
geographic location, and
does not unfairly discriminate between
persons of essentially the
same class and of essentially the
same hazard or expectation of
life.
(B) A fee may not be
charged for taking or submitting an
initial application for
coverage with any one insurer or different
programs with the
same insurer, or processing a change to an
existing policy, a
cancellation, a claim, or a renewal, in
connection with any of the
following personal lines policies:
(1) Private passenger automobile;
(2) Homeowners, including coverage for tenants or
condominium
owners, owner-occupied fire or dwelling property
coverage,
personal umbrella liability, or any other personal
lines-related
coverage whether sold as a separate policy or as
an
endorsement to
another personal lines policy;
(3) Individual life insurance;
(4) Individual sickness or accident insurance;
(5) Disability income policies;
(6) Credit insurance products.
(C) Notwithstanding
any other provision of this section, an
agent may charge a fee
for agent services in connection with a
policy issued on a
no-commission basis, if the agent provides the
consumer with
prior disclosure of the fee and of the services to
be
provided.
(D) In the event of a
dispute between an agent and a
consumer
regarding any disclosure
required by this section, the
agent has
the burden of proving that the
disclosure was made.
(E)(1) No person
shall fail to comply with this section.
(2) Whoever violates division
(E)(1) of this section is
deemed to have engaged in an unfair and deceptive act or
practice
in the business of insurance under sections 3901.19 to
3901.26 of
the Revised
Code.
(F) This section does not apply with respect to any expense
fee
charged by a surety bail bond agent to cover the costs
incurred by the surety
bail bond agent in executing the bail bond.
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,
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, 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, military
status, familial
status, national origin, disability, or ancestry,
or
any
limitation
based upon affiliation with or approval by any
person,
directly
or indirectly, employing race, color, religion,
sex, military status,
familial
status, national origin,
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) "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
the
current illegal use of a controlled substance
or the current
use
of alcoholic beverages.
(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) "Disabled tenant" means a tenant or prospective
tenant
who is a person with a disability.
(22) "Military status" means a person's status in "service in
the uniformed services" as defined in section 5903.01 of the
Revised Code.
(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, military status, national origin, 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, military status, national
origin,
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, military status, national origin,
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, military status, national
origin,
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, military status, national origin,
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, military status, national origin,
disability, age,
or ancestry of an applicant for employment or
membership;
(2) Make or keep a record of the race, color, religion,
sex,
military status,
national origin, 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, military status, national origin,
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, military
status, national
origin, 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, military status, national origin, 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, military status, national origin,
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, military
status, national
origin, disability, age, or ancestry, or
expresses a
limitation or
preference as to the race, color,
religion, sex, military status, national origin,
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, military status, national origin, 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, military status, familial status, ancestry,
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, military
status,
familial
status, ancestry, 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, military status, familial status,
ancestry,
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, military status,
familial
status,
ancestry, 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, military status, familial
status, ancestry,
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, military status, familial status,
ancestry,
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,
military status,
familial status, ancestry, 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, military status,
familial status, ancestry,
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, military status, 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,
military status,
familial status, ancestry, 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, military
status, 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, military status, familial status, national
origin,
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,
military status, 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, military status, familial
status,
age, ancestry, 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 disability of any of the following:
(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
disability
of any of the following:
(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 disability, or make
an inquiry
to
determine the
nature or severity of a 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
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
disabilities or persons with a particular type of
disability;
(c) An inquiry to determine whether an applicant is
qualified
for a priority available to persons with
disabilities or
persons
with a particular type of 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
person with a
disability, reasonable modifications of existing housing
accommodations that are occupied or to be occupied by the
person
with a disability, if the modifications may
be necessary to
afford
the 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
disabled tenant from conditioning permission for a
proposed
modification upon the 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 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 disabled tenant who makes payments
into the
account.
(b) A landlord shall not condition permission for a
proposed
modification upon a 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
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, military status, familial status, ancestry,
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
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
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 person with a disability
to be employed or
trained under circumstances that would significantly increase the
occupational hazards affecting either the 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 person with a disability in a job that
requires
the person with a disability
routinely to undertake any task, the
performance of which is
substantially and inherently impaired by
the person's
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 with a
disability, to relieve
any
person with a
disability of any obligation
generally imposed on
all
persons
regardless of 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
one
hundred eighty days 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 4139.01 to 4139.06 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 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 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
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, to incur debt and defer its
payment, or to purchase property or services and defer payment
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, military status,
marital
status, national origin, 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 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, military status, marital status, national origin, 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 a
particular
creditor by any instrumentality or agency
of the United States,
or required of 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,
military status, marital status, 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, military status, marital
status,
national origin, 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 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 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, military status, marital status, national origin,
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, military status, marital status, national origin,
disability,
or ancestry
to maintain records on any account
established after November 1,
1976, 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
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, military status, marital status, national origin,
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, military status, marital status, national origin,
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 discriminatory practice occurred. Upon application
by the
plaintiff and in
circumstances 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 unlawful
discriminatory practice
prohibited by this section
occurred or is
about to occur, the court may grant relief
that it considers
appropriate, including a permanent or temporary
injunction,
temporary restraining order, or other order, and may
award to the
plaintiff 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. 4112.023. The decision of Fisher v. Peters, 249 F.3d 433
(6th Cir. 2001), which held that if a person's civilian job is
inherently military, the person must pursue military, rather than
civilian, channels when pursuing employment discrimination claims,
shall be applied when construing the prohibitions contained in
this chapter against discrimination on the basis of a person's
military status.
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, military
status, familial
status, national origin, 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, military status, familial status,
national origin,
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, military status,
familial status, national origin, 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 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, military status, familial status, national origin,
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, military status, familial status, national
origin,
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, military status,
familial status, national origin, 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, military status, familial
status, 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, 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 this chapter 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 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, disability as
defined
in section 4112.01 of the Revised Code, military status as defined
in that section, or physical
disability as provided by law:
(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. 4503.571. Any person who has been awarded the purple
heart may apply to the registrar of motor vehicles for the
registration of any passenger car, noncommercial motor vehicle,
recreational vehicle, or other vehicle of a class approved by the
registrar
that the person owns or leases. The application shall be
accompanied by such
documentary evidence in support of the award
as the registrar may require.
The application may be combined
with a request for a special reserved
license plate under section
4503.40 or 4503.42 of the
Revised Code.
Upon receipt of an application for registration of a motor
vehicle under this section and the any required taxes and fees,
and
upon presentation of the required supporting evidence of the
award of
the purple
heart, the registrar shall issue to the
applicant the appropriate motor
vehicle registration and a set of
license plates and a validation sticker, or
a validation sticker
alone when required by section 4503.191 of the Revised
Code.
In addition to the letters and numbers ordinarily inscribed
on the license plates, the
license plates shall be inscribed with
the words "PURPLE HEART." The
license plates shall bear county
identification stickers that identify the
county of registration
by name or number.
The license plates and validation stickers shall be issued
upon without the payment of the
regular license any registration
fee and service fee required by section sections 4503.04, 4503.10,
and 4503.102 of the Revised Code, and without the payment
of any
local motor vehicle license tax levied under Chapter 4504. of the
Revised Code, and
compliance. The applicant shall comply with
all
other applicable laws relating to the registration of motor
vehicles. If
the application is combined with a request for a
special reserved license
plate under section 4503.40 or 4503.42 of
the Revised Code, the license plates
and validation sticker shall
be issued upon payment of the
fees and taxes referred to in this
section and seventy-five per cent of the additional fee prescribed
under section 4503.40 or 4503.42 of the Revised Code.
No person who is not a recipient of the purple heart shall
willfully and falsely represent that the person is a recipient of
a
purple heart for the purpose of obtaining license plates under
this section. No person shall own a motor vehicle bearing
license
plates under this section unless the person is eligible
to be
issued those license plates.
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, 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)(1) Any licensed real estate broker or salesperson who
advertises to buy, sell, exchange, or lease real estate, or to
engage in
any act regulated by this chapter, including, but not
limited to,
any licensed real estate broker or
salesperson who
advertises to sell, exchange, or lease
real estate
that the
licensee owns, shall be identified in the
advertisement by name
and by indicating that the licensee is a real estate broker
or
real estate
salesperson. Except a real estate
salesperson who
advertises the sale,
exchange, or lease of real estate that the
salesperson owns
and that is not listed for sale, exchange, or
lease with a real estate broker,
any real estate salesperson who
advertises, as provided
in this
section, also shall indicate in
the advertisement the name
of the
broker under whom the
salesperson is licensed and the fact
that 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 salesperson in
the
advertisement.
(2) A real estate broker who is representing a seller under
an exclusive right to sell or lease listing agreement shall not
advertise such property to the public as "for sale by owner" or
otherwise mislead the public to believe that the seller is not
represented by a real estate broker.
(3) If any real estate broker or real estate
salesperson
advertises in a manner other than as provided in this section or
the rules
adopted under this section, that
advertisement is prima-
facie prima-facie evidence of a violation
under division
(A)(21)
of section 4735.18 of the
Revised Code.
When the superintendent determines that prima-facie evidence
of a violation
of division (A)(21) of
section 4735.18 of the
Revised Code or any of the rules
adopted thereunder exists, the
superintendent may do either of the
following:
(a) Initiate disciplinary action under section 4735.051 of
the
Revised Code for
a violation of division
(A)(21) of section
4735.18 of the
Revised Code, in accordance with Chapter 119. of
the Revised Code;
(b) Personally, or by certified mail, serve a citation upon
the
licensee.
(C)(1) Every citation served under this section shall give
notice
to
the licensee of the alleged violation or violations
charged and inform
the licensee of the opportunity to request a
hearing in accordance with
Chapter 119. of the Revised Code. The
citation
also shall
contain a statement of a fine of two hundred
dollars per
violation, not to exceed two thousand five hundred
dollars per
citation. All fines collected pursuant to this section
shall be credited to
the real estate recovery fund, created in the
state treasury under section
4735.12 of the Revised Code.
(2) If any licensee is cited three times within twelve
consecutive months, the superintendent shall initiate disciplinary
action pursuant to section 4735.051 of the Revised Code for any
subsequent violation that
occurs within the same
twelve-month
period.
(3) If a licensee fails to request a hearing within thirty
days of
the date of service of the citation, or the licensee and
the
superintendent fail to reach an alternative agreement, the
citation
shall become final.
(4) Unless otherwise indicated, the licensee named in a final
citation must meet all requirements contained in the final
citation
within thirty days of the effective date of that
citation.
(5) The superintendent shall suspend automatically a
licensee's
license if the licensee fails to comply with division
(C)(4) of
this section.
(D) A real estate broker or 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 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, military status as
defined in that section,
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, shall contain
the information that the broker and
the broker's
salespersons are licensed by the division of real
estate and professional licensing 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
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:
(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, military status as defined in that section, 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. 5747.01. Except as otherwise expressly provided or
clearly appearing from the context, any term used in this chapter
that is not otherwise defined in this section
has the same meaning
as when used in a comparable context in the
laws of the United
States
relating to federal income taxes or if not used in a
comparable context in those laws, has the same meaning as in
section 5733.40 of the Revised Code. Any reference in this chapter
to the Internal Revenue Code includes other laws of the United
States relating to federal income taxes.
(A) "Adjusted gross income" or "Ohio adjusted gross
income"
means
federal adjusted gross income, as defined and used in the
Internal
Revenue Code, adjusted as provided in this section:
(1) Add interest or dividends on obligations or securities
of
any state or of any political subdivision or authority of any
state, other than this state and its subdivisions and authorities.
(2) Add interest or dividends on obligations of any
authority, commission, instrumentality, territory, or possession
of the United States
to the extent that
the interest or dividends
are exempt from federal income taxes
but
not from state income
taxes.
(3) Deduct interest or dividends on obligations of the
United
States and its territories and possessions or of any
authority,
commission, or instrumentality of the United States to
the extent
that the interest or dividends are included in federal
adjusted
gross income but exempt
from state income taxes under the
laws of
the United States.
(4) Deduct disability and survivor's benefits to the
extent
included in federal adjusted gross income.
(5) Deduct benefits under Title II of the Social Security
Act
and tier 1 railroad retirement benefits to the extent
included
in
federal adjusted gross income under section 86 of the
Internal
Revenue Code.
(6)
In the case of a taxpayer who is a beneficiary of
a
trust
that makes an accumulation distribution as defined in
section 665
of the Internal Revenue Code,
add, for the
beneficiary's taxable
years
beginning before 2002,
the portion, if
any, of
such
distribution
that does not exceed the
undistributed
net
income of
the trust for
the three taxable years
preceding the
taxable year
in which the
distribution is made
to
the extent that the portion
was not included in the trust's
taxable income for any of the
trust's taxable years beginning in
2002 or thereafter.
"Undistributed
net
income of a trust" means
the taxable income of
the trust
increased
by (a)(i) the additions
to adjusted gross
income
required under
division (A) of this
section and (ii) the
personal
exemptions
allowed to the trust
pursuant to section
642(b) of the
Internal
Revenue Code, and
decreased by (b)(i) the
deductions to
adjusted
gross income
required under division (A) of
this
section,
(ii) the
amount of
federal income taxes attributable
to
such
income, and
(iii) the
amount of taxable income that has
been
included in the
adjusted
gross income of a beneficiary by
reason
of a prior
accumulation
distribution. Any undistributed
net
income included
in the
adjusted gross income of a beneficiary
shall reduce the
undistributed net income of the trust commencing
with the earliest
years of the accumulation period.
(7) Deduct the amount of wages and salaries, if any, not
otherwise allowable as a deduction but that would have been
allowable as a deduction in computing federal adjusted gross
income for the taxable year, had the targeted jobs credit allowed
and determined under sections 38, 51, and 52 of the Internal
Revenue Code not been in effect.
(8) Deduct any interest or interest equivalent on public
obligations and purchase obligations to the extent
that the
interest or interest equivalent is included in
federal adjusted
gross income.
(9) Add any loss or deduct any gain resulting from the
sale,
exchange, or other disposition of public obligations to the
extent
that the loss has been deducted or the gain has been
included in
computing federal adjusted gross income.
(10)
Deduct or add amounts, as provided under section
5747.70 of the
Revised
Code, related to contributions to variable
college savings program
accounts made or tuition units purchased
pursuant to Chapter
3334. of the Revised Code.
(11)(a) Deduct, to the extent not otherwise allowable as a
deduction or
exclusion in computing federal or Ohio adjusted gross
income for the taxable
year, the amount the taxpayer paid during
the taxable year for medical care
insurance and qualified
long-term care insurance for the taxpayer, the
taxpayer's spouse,
and dependents. No deduction for medical care insurance
under
division (A)(11) of this section shall be allowed either to any
taxpayer
who is eligible to participate in any subsidized health
plan maintained by any
employer of the taxpayer or of the
taxpayer's spouse, or to any taxpayer who
is entitled to, or on
application would be entitled to, benefits under part A of Title
XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.
301, as amended. For the purposes of division (A)(11)(a) of this
section, "subsidized health plan" means a health plan for which
the employer pays any portion of the plan's cost. The deduction
allowed under division (A)(11)(a) of this section shall be the net
of any related premium refunds, related premium reimbursements, or
related insurance premium dividends received during the taxable
year.
(b) Deduct, to the extent not otherwise deducted or excluded
in
computing federal or Ohio adjusted gross income during the
taxable
year, the amount the taxpayer paid during the taxable
year, not
compensated for by any insurance or otherwise, for
medical care of
the taxpayer, the taxpayer's spouse, and
dependents, to the extent
the expenses exceed seven and one-half
per cent of the taxpayer's
federal adjusted gross income.
(c) For purposes of division (A)(11) of this section,
"medical
care" has the meaning given in section 213 of the
Internal Revenue
Code, subject to the special rules, limitations,
and exclusions
set forth therein, and "qualified long-term care"
has the same
meaning given in section 7702B(c) of the Internal
Revenue Code.
(12)(a) Deduct any amount included in federal adjusted gross
income solely because the amount represents a reimbursement or
refund of expenses that in any year the taxpayer had
deducted as
an itemized deduction pursuant to section 63 of the
Internal
Revenue Code and applicable United States
department of the
treasury regulations.
The deduction otherwise allowed under
division (A)(12)(a) of this section shall be reduced to the extent
the reimbursement is attributable to an amount the taxpayer
deducted under this section in any taxable year.
(b) Add any amount not otherwise included in Ohio adjusted
gross
income for any taxable year to the extent that the amount is
attributable to the recovery during the taxable year of any amount
deducted or excluded in computing federal or Ohio adjusted gross
income in any taxable year.
(13) Deduct any portion of the deduction described in
section
1341(a)(2) of the Internal Revenue Code, for repaying
previously
reported income received under a claim of right, that
meets both
of the following requirements:
(a) It is allowable for repayment of an item that was
included in the taxpayer's adjusted gross income for a prior
taxable year and did not qualify for a credit under division (A)
or (B) of section 5747.05 of the Revised Code for that year;
(b) It does not otherwise reduce the taxpayer's adjusted
gross income for the current or any other taxable year.
(14) Deduct an amount equal to the deposits made to, and
net
investment earnings of, a medical savings account during the
taxable year,
in accordance with section 3924.66 of the Revised
Code. The deduction
allowed by division (A)(14) of this section
does not apply to medical
savings account deposits and earnings
otherwise deducted or excluded for the
current or any other
taxable year from the taxpayer's federal adjusted gross
income.
(15)(a) Add an amount equal to the funds withdrawn from a
medical
savings account during the taxable year, and the net
investment earnings on
those funds, when the funds withdrawn were
used for any purpose other than to
reimburse an account holder
for, or to pay, eligible medical expenses, in
accordance with
section 3924.66 of the Revised Code;
(b) Add the amounts distributed from a medical savings
account
under division (A)(2) of section 3924.68 of the Revised
Code during the
taxable year.
(16) Add any amount claimed as a credit under section
5747.059 of the Revised
Code to the extent that such amount
satisfies either of the following:
(a) The amount was deducted or excluded from the computation
of the
taxpayer's federal adjusted gross income as required to be
reported for the
taxpayer's taxable year under the Internal
Revenue Code;
(b) The amount resulted in a reduction of the taxpayer's
federal adjusted
gross income as required to be reported for any
of the taxpayer's taxable
years under the Internal Revenue Code.
(17) Deduct the amount contributed by the taxpayer to an
individual development account program established by a county
department of
job and family services pursuant to sections 329.11
to
329.14 of the Revised Code for
the purpose of matching funds
deposited by program participants. On request
of
the tax
commissioner, the taxpayer shall provide any information that, in
the
tax commissioner's opinion, is necessary to establish the
amount deducted
under
division (A)(17) of this section.
(18) Beginning in taxable year 2001 but not for any taxable
year beginning after December 31, 2005, if the taxpayer is
married
and files a joint return and the
combined federal adjusted
gross
income of the taxpayer and the taxpayer's
spouse for the
taxable
year does not exceed one hundred thousand dollars, or
if
the
taxpayer is single and has a federal adjusted gross income for
the
taxable
year not exceeding fifty thousand dollars, deduct
amounts
paid during the
taxable year for qualified tuition and
fees paid
to an eligible institution
for the taxpayer, the
taxpayer's
spouse, or any dependent of the taxpayer, who
is a
resident of
this state and is enrolled in or attending a program
that
culminates in a degree or diploma at an eligible institution.
The
deduction
may be claimed only to the extent that qualified
tuition
and fees are not
otherwise deducted or excluded for any
taxable
year from federal or
Ohio adjusted gross income. The
deduction
may
not be claimed for educational expenses for which
the taxpayer
claims a
credit under section 5747.27 of the Revised
Code.
(19) Add any reimbursement received during the taxable year
of any amount
the taxpayer deducted under division (A)(18) of this
section in any
previous taxable year to the extent the amount is
not otherwise included in
Ohio adjusted gross income.
(20)(a)(i) Add five-sixths of the amount of depreciation
expense allowed by subsection (k) of section 168 of the Internal
Revenue Code, including the taxpayer's proportionate or
distributive share of the amount of depreciation expense allowed
by that subsection to a pass-through entity in which the taxpayer
has a direct or indirect ownership interest.
(ii) Add five-sixths of the amount of qualifying section 179
depreciation expense, including a person's proportionate or
distributive share of the amount of qualifying section 179
depreciation expense allowed to any pass-through entity in which
the person has a direct or indirect ownership. For the purposes of
this division, "qualifying section 179 depreciation expense" means
the difference between (I) the amount of depreciation expense
directly or indirectly allowed to the taxpayer under section 179
of the Internal Revenue Code, and (II) the amount of depreciation
expense directly or indirectly allowed to the taxpayer under
section 179 of the Internal Revenue Code as that section existed
on December 31, 2002.
The tax
commissioner, under procedures established by the
commissioner,
may waive the add-backs related to a pass-through
entity if the
taxpayer owns, directly or indirectly, less than
five per cent of
the pass-through entity.
(b) Nothing in division (A)(20) of this section shall be
construed to adjust or modify the adjusted basis of any asset.
(c) To the extent the add-back required under division
(A)(20)(a) of this section is attributable to property generating
nonbusiness income or loss allocated under section 5747.20 of the
Revised Code, the add-back shall be sitused to the same location
as the nonbusiness income or loss generated by the property for
the purpose of determining the credit under division (A) of
section 5747.05 of the Revised Code. Otherwise, the add-back
shall
be apportioned, subject to one or more of the four
alternative
methods of apportionment enumerated in section 5747.21
of the
Revised Code.
(d) For the purposes of division (A) of this section, net
operating loss carryback and carryforward shall not include
five-sixths of the allowance of any net operating loss deduction
carryback or carryforward to the taxable year to the extent such
loss resulted from depreciation allowed by section 168(k) of the
Internal Revenue Code and by the qualifying section 179
depreciation expense amount.
(21)(a) If the taxpayer was required to add an amount under
division (A)(20)(a) of this section for a taxable year, deduct
one-fifth of the amount so added for each of the five succeeding
taxable years.
(b) If the amount deducted under division (A)(21)(a) of
this
section is attributable to an add-back allocated under
division
(A)(20)(c) of this section, the amount deducted shall be
sitused
to the same location. Otherwise, the add-back shall be
apportioned
using the apportionment factors for the taxable year
in which the
deduction is taken, subject to one or more of the
four alternative
methods of apportionment enumerated in section
5747.21 of the
Revised Code.
(c) No deduction is available under division (A)(21)(a) of
this section with regard to any depreciation allowed by section
168(k) of the Internal Revenue Code and by the qualifying section
179 depreciation expense amount to the extent that such
depreciation resulted in or increased a federal net operating loss
carryback or carryforward to a taxable year to which division
(A)(20)(d) of this section does not apply.
(22) Deduct, to the extent not otherwise deducted or excluded
in computing federal or Ohio adjusted gross income for the taxable
year, the amount the taxpayer received during the taxable year as
reimbursement for life insurance premiums under section 5919.31 of
the Revised Code.
(23) Deduct, to the extent not otherwise deducted or excluded
in computing federal or Ohio adjusted gross income for the taxable
year, the amount the taxpayer received during the taxable year as
a death benefit paid by the adjutant general under section 5919.33
of the Revised Code.
(24) Deduct, to the extent included in federal adjusted gross
income and not otherwise allowable as a deduction or exclusion in
computing federal or Ohio adjusted gross income for the taxable
year, military pay and allowances received by the taxpayer during
the taxable year for active duty service in the United States
army, air force, navy, marine corps, or coast guard or reserve
components thereof or the national guard. The deduction may not be
claimed for military pay and allowances received by the taxpayer
while the taxpayer is stationed in this state.
(25) Deduct, to the extent not otherwise allowable as a
deduction or exclusion in computing federal or Ohio adjusted gross
income for the taxable year and not otherwise compensated for by
any other source, the amount of qualified organ donation expenses
incurred by the taxpayer during the taxable year, not to exceed
ten thousand dollars. A taxpayer may deduct qualified organ
donation expenses only once for all taxable years beginning with
taxable years beginning in 2007.
For the purposes of division (A)(25) of this section:
(a) "Human organ" means all or any portion of a human liver,
pancreas, kidney, intestine, or lung, and any portion of human
bone marrow.
(b) "Qualified organ donation expenses" means travel
expenses, lodging expenses, and wages and salary forgone by a
taxpayer in connection with the taxpayer's donation, while living,
of one or more of the taxpayer's human organs to another human
being.
(26) Deduct, to the extent not otherwise deducted or excluded
in computing federal or Ohio adjusted gross income for the taxable
year, amounts received by the taxpayer as retired military
personnel pay for service in the United States army, navy, air
force, coast guard, or marine corps or reserve components thereof
or the national guard. The deduction includes the total amounts
received by the taxpayer under federal law as retired pay based on
credit for service that includes credit for military service. The
deduction does not include total amounts received by the taxpayer
under the public employees retirement system, the Ohio police and
fire pension fund, the school employees retirement system, the
state teachers retirement system, the state highway patrol
retirement system, or the city of Cincinnati retirement system as
retirement benefits that includes credit for military service. Any
amount deducted under division (A)(26)
of this section is not
included in the taxpayer's adjusted gross
income for the purposes
of section 5747.055 of the Revised Code.
No amount may be
deducted under division (A)(26) of this section
on the basis of
which a credit was claimed under section 5747.055
of the Revised
Code.
(B) "Business income" means income, including gain or loss,
arising from
transactions, activities, and sources in the regular
course of a
trade or business and includes income, gain, or loss
from
real property, tangible
property, and
intangible
property if
the acquisition, rental,
management, and
disposition
of the
property constitute integral
parts of the
regular course of
a
trade or business operation.
"Business income"
includes income,
including gain or loss, from a
partial or
complete liquidation of
a business, including, but not
limited to,
gain or loss from the
sale or other disposition of
goodwill.
(C) "Nonbusiness income" means all income other than
business
income and may include, but is not limited to,
compensation, rents
and royalties from real or tangible personal
property, capital
gains, interest, dividends and distributions,
patent or copyright
royalties, or lottery winnings, prizes, and
awards.
(D) "Compensation" means any form of remuneration paid to
an
employee for personal services.
(E) "Fiduciary" means a guardian, trustee, executor,
administrator, receiver, conservator, or any other person acting
in any fiduciary capacity for any individual, trust, or estate.
(F) "Fiscal year" means an accounting period of twelve
months
ending on the last day of any month other than December.
(G) "Individual" means any natural person.
(H) "Internal Revenue Code" means the "Internal Revenue
Code
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.
(I) "Resident" means
any of the following, provided that
division (I)(3) of this section applies only to taxable years of a
trust beginning in 2002 or thereafter:
(1) An individual who is domiciled in this state, subject
to
section 5747.24 of the Revised Code;
(2) The estate of a decedent who at the time of death
was
domiciled in this state. The domicile tests of section
5747.24 of
the Revised Code are not controlling for purposes of
division
(I)(2)
of this section.
(3)
A
trust that, in whole or part, resides in this state.
If
only part of a trust resides in this state, the trust is a
resident only with respect to that part.
For the purposes of
division (I)(3) of this section:
(a) A trust resides in this state
for the trust's current
taxable year to
the extent, as described in division (I)(3)(d) of
this section, that
the trust consists directly or indirectly,
in
whole or
in part,
of assets, net of any related
liabilities, that
were
transferred, or caused to be transferred,
directly or
indirectly,
to the trust by any of the following:
(i) A person, a court, or a governmental
entity or
instrumentality on account of the death of a decedent, but only if
the trust is described in division (I)(3)(e)(i)
or (ii) of this
section;
(ii) A person who
was domiciled in this state
for the
purposes of
this chapter when the person directly or indirectly
transferred
assets to an irrevocable trust, but only if at least
one of the
trust's qualifying beneficiaries is domiciled in this
state for
the purposes of this chapter during all or some portion
of the
trust's current taxable year;
(iii) A person who was domiciled in this state
for the
purposes of this chapter when the trust
document or instrument
or
part of the trust
document or instrument became irrevocable, but
only if at least
one
of
the trust's qualifying beneficiaries is a
resident domiciled in
this state for the purposes of
this chapter
during all or some
portion of the trust's current taxable year. If
a trust document or instrument became irrevocable upon the death
of a person who at the time of death was domiciled in this state
for purposes of this chapter, that person is a person described in
division (I)(3)(a)(iii) of this section.
(b) A trust is
irrevocable to
the extent that the transferor
is not
considered to
be the owner
of the net assets of the trust
under sections 671 to
678 of the
Internal
Revenue Code.
(c) With respect to a trust other than a charitable lead
trust, "qualifying beneficiary" has the same meaning as "potential
current beneficiary" as defined in section 1361(e)(2) of the
Internal Revenue Code, and with respect to a charitable lead trust
"qualifying beneficiary" is any current, future, or contingent
beneficiary, but with respect to any trust "qualifying
beneficiary" excludes a person or a governmental entity or
instrumentality to any of which a contribution would qualify for
the charitable deduction under section 170 of the Internal Revenue
Code.
(d) For the purposes of division (I)(3)(a) of this section,
the extent to which a trust consists directly or indirectly, in
whole or in part, of assets, net of any related liabilities, that
were transferred directly or indirectly, in whole or part, to the
trust by any of the sources enumerated in that division shall be
ascertained by multiplying the fair market value of the trust's
assets, net of related liabilities, by the qualifying ratio, which
shall be computed as follows:
(i) The first time the trust receives assets, the numerator
of the qualifying ratio is the fair market value of those assets
at that time, net of any related liabilities, from sources
enumerated in division (I)(3)(a) of this section. The denominator
of the qualifying ratio is the fair market value of all the
trust's assets at that time, net of any related liabilities.
(ii) Each subsequent time the trust receives assets, a
revised qualifying ratio shall be computed. The numerator of the
revised qualifying ratio is the sum of (1) the fair market value
of the trust's assets immediately prior to the subsequent
transfer, net of any related liabilities, multiplied by the
qualifying ratio last computed without regard to the subsequent
transfer, and (2) the fair market value of the subsequently
transferred assets at the time transferred, net of any related
liabilities, from sources enumerated in division (I)(3)(a) of this
section. The denominator of the revised qualifying ratio is the
fair market value of all the trust's assets immediately after the
subsequent transfer, net of any related liabilities.
(iii) Whether a transfer to the trust is by or from any of
the sources enumerated in division (I)(3)(a) of this section shall
be ascertained without regard to the domicile of the trust's
beneficiaries.
(e) For the purposes of division (I)(3)(a)(i) of this
section:
(i) A trust is described in division (I)(3)(e)(i) of this
section if the trust is a testamentary trust and the testator of
that testamentary trust was domiciled in this state at the time of
the testator's death for purposes of the taxes levied under
Chapter 5731. of the Revised Code.
(ii) A trust is described in division (I)(3)(e)(ii) of this
section if the transfer is a qualifying transfer described in any
of divisions (I)(3)(f)(i) to (vi) of this section, the trust is an
irrevocable inter vivos trust, and at least one of the trust's
qualifying beneficiaries is domiciled in this state for purposes
of this chapter during all or some portion of the trust's current
taxable year.
(f) For the purposes of division (I)(3)(e)(ii) of this
section, a "qualifying transfer" is a transfer of assets, net of
any related liabilities, directly or indirectly to a trust, if the
transfer is described in any of the following:
(i) The transfer is made to a trust, created by the
decedent
before the decedent's death and while the decedent was
domiciled
in this state for the purposes of this chapter, and,
prior to the
death of the decedent, the trust became irrevocable
while the
decedent was domiciled in this state for the purposes of
this
chapter.
(ii) The transfer is made to a trust to which the decedent,
prior to the decedent's death, had directly or indirectly
transferred assets, net of any related liabilities, while the
decedent was domiciled in this state for the purposes of this
chapter, and prior to the death of the decedent the trust became
irrevocable while the decedent was domiciled in this state for the
purposes of this chapter.
(iii) The transfer is made on account of a contractual
relationship existing directly or indirectly between the
transferor and either the decedent or the estate of the decedent
at any time prior to the date of the decedent's death, and the
decedent was domiciled in this state at the time of death for
purposes of the taxes levied under Chapter 5731. of the Revised
Code.
(iv) The transfer is made to a trust on account of a
contractual relationship existing directly or indirectly between
the transferor and another person who at the time of the
decedent's death was domiciled in this state for purposes of this
chapter.
(v) The transfer is made to a trust on account of the will
of
a testator.
(vi) The transfer is made to a trust created by or caused
to
be created by a court, and the trust was directly or indirectly
created in connection with or as a result of the death of an
individual who, for purposes of the taxes levied under Chapter
5731. of the Revised Code, was domiciled in this state at the time
of the individual's death.
(g) The tax commissioner may adopt rules to ascertain the
part
of
a trust residing in this state.
(J) "Nonresident" means an individual or estate that is
not
a
resident. An individual who is a resident for only part of
a
taxable year is a nonresident for the remainder of that taxable
year.
(K) "Pass-through entity" has the same meaning as in section
5733.04 of the
Revised Code.
(L) "Return" means the notifications and reports required
to
be filed pursuant to this chapter for the purpose of reporting
the
tax due and includes declarations of estimated tax when so
required.
(M) "Taxable year" means the calendar year or the
taxpayer's
fiscal year ending during the calendar year, or
fractional part
thereof, upon which the adjusted gross income is
calculated
pursuant to this chapter.
(N) "Taxpayer" means any person subject to the tax imposed
by
section 5747.02 of the Revised Code or any pass-through entity
that
makes the election under division (D) of section 5747.08 of
the Revised Code.
(O) "Dependents" means dependents as defined in the
Internal
Revenue Code and as claimed in the taxpayer's federal
income tax
return for the taxable year or which the taxpayer
would have been
permitted to claim had the taxpayer filed a
federal income
tax
return.
(P) "Principal county of employment" means, in the case of
a
nonresident, the county within the state in which a taxpayer
performs services for an employer or, if those services are
performed in more than one county, the county in which the major
portion of the services are performed.
(Q) As used in sections 5747.50 to 5747.55 of the Revised
Code:
(1) "Subdivision" means any county, municipal corporation,
park district, or township.
(2) "Essential local government purposes" includes all
functions that any subdivision is required by general law to
exercise, including like functions that are exercised under a
charter adopted pursuant to the Ohio Constitution.
(R) "Overpayment" means any amount already paid that
exceeds
the figure determined to be the correct amount of the
tax.
(S) "Taxable income"
or "Ohio taxable income" applies
only
to
estates
and
trusts,
and means
federal
taxable income, as
defined
and used in the
Internal
Revenue Code,
adjusted as
follows:
(1) Add interest or dividends, net of ordinary, necessary,
and reasonable expenses not deducted in computing federal taxable
income, on obligations or securities
of any state or of any
political subdivision or authority of any
state, other than this
state and its subdivisions and
authorities, but only to the
extent
that such net amount is not otherwise includible in Ohio
taxable
income and is described in either division (S)(1)(a) or
(b) of
this section:
(a) The net amount is not attributable to the S portion of
an
electing small business trust and has not been distributed to
beneficiaries for the taxable year;
(b) The net amount is attributable to the S portion of an
electing small business trust for the taxable year.
(2) Add interest or dividends, net of ordinary, necessary,
and reasonable expenses not deducted in computing federal taxable
income, on obligations of any
authority, commission,
instrumentality, territory, or possession
of the United States
to
the extent that
the interest or dividends are exempt from federal
income taxes
but
not from state income taxes, but only to the
extent that such net amount is not otherwise includible in Ohio
taxable income and is described in either division (S)(1)(a) or
(b) of this section;
(3) Add the amount of personal exemption allowed to the
estate pursuant to section 642(b) of the Internal Revenue Code;
(4) Deduct interest or dividends, net of related expenses
deducted in computing federal taxable income, on obligations of
the
United States and its territories and possessions or of any
authority, commission, or instrumentality of the United States
to
the extent
that
the interest or dividends are exempt from state
taxes under the laws of the United
States, but only to the extent
that such amount is included in federal taxable income and is
described in either division (S)(1)(a) or (b) of this section;
(5) Deduct the amount of wages and salaries, if any, not
otherwise allowable as a deduction but that would have been
allowable as a deduction in computing federal taxable income for
the taxable year, had the targeted jobs credit allowed under
sections 38, 51, and 52 of the Internal Revenue Code not been in
effect, but only to the extent such amount relates either to
income included in federal taxable income for the taxable year or
to income of the S portion of an electing small business trust for
the taxable year;
(6) Deduct any interest or interest equivalent, net of
related expenses deducted in computing federal taxable income, on
public
obligations and purchase obligations, but only to the
extent
that such net amount relates either to income included in
federal taxable income
for the taxable year or to income of the S
portion of an electing small business trust for the taxable year;
(7) Add any loss or deduct any gain resulting from sale,
exchange, or other disposition of public obligations to the
extent
that such loss has been deducted or such gain has been
included in
computing either federal taxable income
or income of the S portion
of an electing small business trust for the taxable year;
(8) Except in the case of the final return of an estate,
add
any amount deducted by the taxpayer on both its Ohio estate
tax
return pursuant to section 5731.14 of the Revised Code, and
on its
federal income tax return in determining
federal taxable income;
(9)(a) Deduct any amount included in federal taxable income
solely because the amount represents a reimbursement or refund of
expenses that in a previous year the decedent had deducted as an
itemized deduction pursuant to section 63 of the Internal Revenue
Code and applicable treasury regulations.
The deduction otherwise
allowed under division (S)(9)(a) of this section shall be reduced
to the extent the reimbursement is attributable to an amount the
taxpayer or decedent deducted under this section in any taxable
year.
(b) Add any amount not otherwise included in Ohio taxable
income
for any taxable year to the extent that the amount is
attributable
to the recovery during the taxable year of any amount
deducted or
excluded in computing federal or Ohio taxable income
in any
taxable year, but only to the extent such amount has not
been distributed
to beneficiaries for the taxable year.
(10) Deduct any portion of the deduction described in
section
1341(a)(2) of the Internal Revenue Code, for repaying
previously
reported income received under a claim of right, that
meets both
of the following requirements:
(a) It is allowable for repayment of an item that was
included in the taxpayer's taxable income or the decedent's
adjusted gross income for a prior taxable year and did not
qualify
for a credit under division (A) or (B) of section 5747.05
of the
Revised Code for that year.
(b) It does not otherwise reduce the taxpayer's taxable
income or the decedent's adjusted gross income for the current or
any other taxable year.
(11) Add any amount claimed as a credit under section
5747.059
of the Revised Code to the extent that the amount
satisfies
either of the following:
(a) The amount was deducted or excluded from the computation
of the
taxpayer's federal taxable income as required to be
reported for the
taxpayer's taxable year under the Internal
Revenue Code;
(b) The amount resulted in a reduction in the taxpayer's
federal taxable
income as required to be reported for any of the
taxpayer's taxable years
under the Internal Revenue Code.
(12) Deduct any amount, net of related expenses deducted in
computing federal taxable income, that a trust is required to
report
as
farm income on its federal income tax return, but only
if the
assets of the trust include at least ten acres of land
satisfying
the definition of "land devoted exclusively to
agricultural use"
under section 5713.30 of the Revised Code,
regardless of whether
the land is valued for tax purposes as such
land under sections
5713.30 to 5713.38 of the Revised Code.
If the
trust is a
pass-through entity investor, section 5747.231 of the
Revised Code
applies in ascertaining if the trust is eligible to
claim the
deduction provided by division (S)(12) of this section
in
connection with the pass-through entity's farm income.
Except for farm income attributable to the S portion of an
electing small business trust, the deduction provided by division
(S)(12) of this section is allowed only to the extent that the
trust has not distributed such farm income.
Division (S)(12) of
this
section applies only to taxable years of a trust beginning
in
2002 or thereafter.
(13) Add the net amount of income described in section 641(c)
of the Internal Revenue Code to the extent that amount is not
included in federal taxable income.
(14) Add or deduct the amount the taxpayer would be
required
to add or deduct under division (A)(20) or (21) of this
section if
the taxpayer's
Ohio taxable income were computed in the same
manner as
an individual's
Ohio adjusted gross income is computed
under
this
section. In the case of a trust, division (S)(14) of
this
section
applies only to any of the trust's taxable years
beginning
in
2002 or thereafter.
(T) "School district income" and "school district income
tax"
have the same meanings as in section 5748.01 of the Revised
Code.
(U) As used in divisions (A)(8), (A)(9), (S)(6), and
(S)(7)
of this section, "public obligations," "purchase
obligations," and
"interest or interest equivalent" have the same
meanings as in
section 5709.76 of the Revised Code.
(V) "Limited liability company" means any limited
liability
company formed under Chapter 1705. of the Revised Code
or under
the laws of any other state.
(W) "Pass-through entity investor" means any person who,
during any portion
of a taxable year of a pass-through entity, is
a partner, member, shareholder,
or
equity investor in that
pass-through
entity.
(X) "Banking day" has the same meaning as in section 1304.01
of the Revised
Code.
(Y) "Month" means a calendar month.
(Z) "Quarter" means the first three months, the second three
months, the
third three months, or the last three months of the
taxpayer's taxable year.
(AA)(1) "Eligible institution" means a state university or
state
institution of higher education as defined in section
3345.011 of the Revised Code, or a
private, nonprofit college,
university, or other post-secondary institution
located in this
state that possesses a certificate of authorization issued by
the
Ohio board of regents pursuant to Chapter 1713. of the Revised
Code or a
certificate of registration issued by the state board of
career colleges and schools under Chapter 3332. of the Revised
Code.
(2) "Qualified tuition and fees" means tuition and fees
imposed by an
eligible institution as a condition of enrollment or
attendance, not exceeding
two thousand five hundred dollars in
each of the individual's first two years
of post-secondary
education. If the individual is a part-time student,
"qualified
tuition and fees" includes tuition and fees paid for the academic
equivalent of the first two years of post-secondary education
during a maximum
of five taxable years, not exceeding a total of
five thousand dollars.
"Qualified tuition and fees" does not
include:
(a) Expenses for any course or activity involving sports,
games,
or hobbies unless the course or activity is part of the
individual's degree or
diploma program;
(b) The cost of books, room and board, student activity
fees,
athletic fees, insurance expenses, or other expenses
unrelated to
the
individual's academic course of instruction;
(c) Tuition, fees, or other expenses paid or reimbursed
through
an employer, scholarship, grant in aid, or other
educational benefit program.
(BB)(1) "Modified business
income" means the business income
included in a trust's
Ohio taxable
income after such taxable
income is
first reduced by the
qualifying
trust amount, if any.
(2) "Qualifying
trust amount" of a trust means capital gains
and
losses from the sale, exchange, or other disposition of equity
or
ownership
interests in, or debt obligations of, a
qualifying
investee to the extent included in the trust's
Ohio
taxable
income, but
only if the
following requirements are satisfied:
(a) The book value of the qualifying
investee's
physical
assets in this state and everywhere, as of the last day
of the
qualifying investee's fiscal or calendar year ending
immediately
prior to the date on which the trust recognizes the
gain or loss,
is available to the trust.
(b) The requirements of section 5747.011 of the Revised Code
are satisfied for the trust's taxable year in which the trust
recognizes the gain or loss.
Any gain or loss that is not a qualifying trust amount is
modified business income, qualifying investment income, or
modified nonbusiness income, as the
case may be.
(3) "Modified nonbusiness income" means a trust's
Ohio
taxable
income other than modified business income, other than
the
qualifying
trust amount, and other than qualifying investment
income, as defined in section 5747.012 of the Revised Code, to the
extent such qualifying investment income is not otherwise part of
modified business income.
(4) "Modified
Ohio taxable income" applies only to trusts,
and
means the sum of the
amounts described in divisions
(BB)(4)(a)
to (c) of this section:
(a)
The fraction,
calculated under section 5747.013, and
applying
section 5747.231 of the Revised Code, multiplied by the
sum of the following amounts:
(i) The trust's modified business income;
(ii) The trust's qualifying investment income, as defined
in
section 5747.012 of the Revised Code, but only to the extent
the
qualifying investment income does not otherwise constitute
modified business income and does not otherwise constitute a
qualifying trust amount.
(b) The qualifying
trust amount multiplied by
a
fraction, the
numerator of which is the sum of the
book value of
the
qualifying
investee's physical assets in this state
on the last day of the
qualifying
investee's fiscal or calendar year ending immediately
prior to the
day on which the trust recognizes the qualifying
trust amount, and
the denominator of which is the sum of the book
value of the
qualifying investee's total physical assets
everywhere
on the last day of the qualifying investee's
fiscal or
calendar year ending immediately prior to the day on
which the
trust recognizes the qualifying trust amount.
If, for a
taxable
year, the trust
recognizes a qualifying
trust amount
with
respect
to more than one
qualifying investee, the amount
described
in
division (BB)(4)(b)
of this section shall equal the
sum of the
products so computed
for each such qualifying
investee.
(c)(i) With respect to a trust or
portion of a trust that is
a resident as ascertained in accordance
with division (I)(3)(d) of
this section, its modified nonbusiness
income.
(ii) With respect to a trust or portion of a trust that is
not a resident as ascertained in accordance with division
(I)(3)(d) of this section, the amount of its modified nonbusiness
income satisfying the descriptions in divisions (B)(2) to (5) of
section 5747.20 of the Revised Code, except as otherwise provided
in division (BB)(4)(c)(ii) of this section. With respect to a
trust or portion of a trust that is not a resident as ascertained
in accordance with division (I)(3)(d) of this section, the trust's
portion of modified nonbusiness income recognized from the sale,
exchange, or other disposition of a debt interest in or equity
interest in a section 5747.212 entity, as defined in section
5747.212 of the Revised Code, without regard to division (A) of
that section, shall not be allocated to this state in accordance
with section 5747.20 of the Revised Code but shall be apportioned
to this state in accordance with division (B) of section 5747.212
of the Revised Code without regard to division (A) of that
section.
If the allocation and apportionment of a trust's income
under
divisions (BB)(4)(a) and (c) of this section do not fairly
represent the modified
Ohio taxable income of the trust in this
state,
the alternative methods described in division (C) of
section
5747.21 of the Revised Code may be applied in the manner
and to
the same extent provided in that section.
(5)(a) Except as set forth in division
(BB)(5)(b) of this
section, "qualifying investee" means a person
in which a trust
has
an equity or ownership interest, or a person
or unit of
government
the debt obligations of either of which are
owned by a
trust.
For
the purposes of division (BB)(2)(a) of this
section and for the
purpose of computing the fraction described in
division (BB)(4)(b)
of this section, all of the following apply:
(i) If the qualifying investee is a member of a qualifying
controlled group on the last day of the qualifying investee's
fiscal or calendar year ending immediately prior to the date on
which the trust recognizes the gain or loss, then "qualifying
investee" includes all persons in the qualifying controlled group
on such last day.
(ii) If the qualifying investee, or if the qualifying
investee and any members of the
qualifying controlled group of
which the qualifying investee is a
member on the last day of the
qualifying investee's fiscal or
calendar year ending immediately
prior to the date on which the
trust recognizes the gain or loss,
separately or cumulatively own,
directly or indirectly, on the
last day of the qualifying
investee's fiscal or calendar year
ending immediately prior to the
date on which the trust recognizes
the qualifying trust amount, more
than fifty per cent of the
equity of a pass-through entity, then
the qualifying investee and
the other members are deemed to own
the proportionate share of the
pass-through entity's physical
assets which the pass-through
entity directly or indirectly owns
on the last day of the
pass-through entity's calendar or fiscal
year ending within or
with the last day of the qualifying
investee's fiscal or calendar
year ending immediately prior to the
date on which the trust
recognizes the qualifying trust amount.
(iii) For the purposes of division (BB)(5)(a)(iii) of this
section, "upper level
pass-through entity" means a pass-through
entity directly or
indirectly owning any equity of another
pass-through entity, and
"lower level pass-through
entity" means
that other pass-through entity.
An upper level pass-through entity, whether or not it is
also
a qualifying investee, is deemed to own, on the last day of
the
upper level pass-through entity's calendar or fiscal year, the
proportionate share of the lower level pass-through entity's
physical assets that the lower level pass-through entity directly
or indirectly owns on the last day of the lower level pass-through
entity's calendar or fiscal year ending within or with the last
day of the upper level pass-through entity's fiscal or calendar
year. If the upper level pass-through entity directly and
indirectly owns less than fifty per cent of the equity of the
lower level pass-through entity on each day of the upper level
pass-through entity's calendar or fiscal year in which or with
which ends the calendar or fiscal year of the lower level
pass-through entity and if, based upon clear and convincing
evidence, complete information about the location and cost of the
physical assets of the lower pass-through entity is not available
to the upper level pass-through entity, then solely for purposes
of ascertaining if a gain or loss constitutes a qualifying trust
amount, the upper level pass-through entity shall be deemed as
owning no equity of the lower level pass-through entity for each
day during the upper level pass-through entity's calendar or
fiscal year in which or with which ends the lower level
pass-through entity's calendar or fiscal year. Nothing in
division
(BB)(5)(a)(iii) of this section shall be construed to
provide for
any deduction or
exclusion in computing any trust's
Ohio taxable
income.
(b) With respect to a trust that is not a resident for the
taxable year and with respect to a part of a trust that is not a
resident for the taxable year, "qualifying investee" for that
taxable year does not include a C corporation if both of the
following apply:
(i) During the taxable year the trust or part of the trust
recognizes a gain or loss from the sale, exchange, or other
disposition of equity or ownership interests in, or debt
obligations of, the C corporation.
(ii) Such gain or loss constitutes nonbusiness income.
(6) "Available" means information is such that a person
is
able to learn of the information by the due date plus
extensions,
if any, for filing the return for the taxable year in
which the
trust recognizes the gain or loss.
(CC) "Qualifying controlled group" has the same meaning as
in
section 5733.04 of the Revised Code.
(DD) "Related member" has the same meaning as in section
5733.042 of the Revised Code.
(EE)(1) For the purposes of division (EE) of this section:
(a) "Qualifying person" means any person other than a
qualifying corporation.
(b) "Qualifying corporation" means any person classified for
federal income tax purposes as an association taxable as a
corporation, except either of the following:
(i) A corporation that has made an election under subchapter
S, chapter one, subtitle A, of the Internal Revenue Code for its
taxable year ending within, or on the last day of, the investor's
taxable year;
(ii) A subsidiary that is wholly owned by any corporation
that has made an election under subchapter S, chapter one,
subtitle A of the Internal Revenue Code for its taxable year
ending within, or on the last day of, the investor's taxable year.
(2) For the purposes of this chapter, unless expressly stated
otherwise, no qualifying person indirectly owns any asset directly
or indirectly owned by any qualifying corporation.
(FF) For purposes of this chapter and Chapter 5751. of the
Revised Code:
(1) "Trust" does not include a qualified pre-income tax
trust.
(2) A "qualified pre-income tax trust" is any pre-income tax
trust that makes a qualifying pre-income tax trust election as
described in division (FF)(3) of this section.
(3) A "qualifying pre-income tax trust election" is an
election by a pre-income tax trust to subject to the tax imposed
by section 5751.02 of the Revised Code the pre-income tax trust
and all pass-through entities of which the trust owns or controls,
directly, indirectly, or constructively through related interests,
five per cent or more of the ownership or equity interests. The
trustee shall notify the tax commissioner in writing of the
election on or before April 15, 2006. The election, if timely
made, shall be effective on and after January 1, 2006, and shall
apply for all tax periods and tax years until revoked by the
trustee of the trust.
(4) A "pre-income tax trust" is a trust that satisfies all of
the following requirements:
(a) The document or instrument creating the trust was
executed by the grantor before January 1, 1972;
(b) The trust became irrevocable upon the creation of the
trust; and
(c) The grantor was domiciled in this state at the time the
trust was created.
Sec. 5903.10. Any holder of an expired license or
certificate from this state
or any political subdivision or agency
of the state to practice a trade or
profession, whose license or
certificate was not renewed because of his
the holder's
service
in
the armed forces of the United States, or in the national guard or
in a reserve component, shall, upon presentation of
satisfactory
evidence of honorable discharge or separation under honorable
conditions therefrom within six months of such discharge or
separation, be granted a renewal
of said license or certificate by
the issuing board or authority at the usual
cost without penalty
and without re-examination if not otherwise disqualified
because
of mental or physical disability.
Sec. 5903.12. (A) As used in this section:
(1)
"Continuing education" means continuing education
required of a licensee by law and includes, but is not limited
to,
the continuing education required of licensees under sections
3737.881, 3781.10, 4701.11, 4715.141, 4715.25, 4717.09, 4723.24,
4725.16, 4725.51, 4730.14, 4730.49, 4731.281, 4734.25, 4735.141,
4736.11,
4741.16,
4741.19,
4751.07, 4755.63, 4757.33, 4759.06,
4761.06, and
4763.07
of the Revised Code.
(2)
"License" means a license, certificate, permit, or
other
authorization issued or conferred by a licensing agency
under
which a licensee may engage in a profession, occupation, or
occupational activity.
(3)
"Licensee" means a person to whom all of the following
apply:
(a) The person has been issued a license by a licensing
agency.
(b) The person is a member of the Ohio national guard, the
Ohio
military reserve, the Ohio naval militia, or a reserve
component
of the armed forces of the United States.
(c) The person has been called to active duty, whether
inside
or
outside the United States, because of an executive order
issued
by the president of the United States or an act of
congress, or
upon the order of the governor, for
a period in excess of
thirty-one days.
(4)
"Licensing agency" means any state department,
division,
board, commission, agency, or other state governmental
unit
authorized by the Revised Code to issue a license.
(5)
"Reporting period" means the period of time during
which
a licensee must complete the number of hours of continuing
education required of the licensee by law.
(B) Each licensing agency, upon receiving an application
from
one of its licensees that is accompanied by proper
documentation
certifying that the licensee has been called to
active duty
as
described in division (A)(3)(c) of this section
during the
current
or a prior reporting period and certifying the
length of
that
active duty, shall extend the current reporting
period by an
amount of time equal to the total number of months
that the
licensee spent on active duty during the current
reporting
period.
For purposes of this division, any portion of a
month
served on
active duty shall be considered one full month.
Sec. 5903.121. A "licensing agency," as defined in section
5903.12 of the Revised Code, shall consider relevant education,
training, or service completed by a licensee as a member of the
armed forces of the United States or reserve components thereof,
the Ohio national guard, the Ohio military reserve, or the Ohio
naval militia in determining whether a licensee has fulfilled
required continuing education.
Section 2. That existing sections 124.93, 125.111,
153.59,
153.591, 176.04, 176.06, 717.01, 1751.18, 2101.16, 2927.03,
3905.55,
4112.01, 4112.02, 4112.021,
4112.04,
4112.05, 4112.08,
4117.19,
4503.571, 4735.16, 4735.55, 5747.01, 5903.10,
and
5903.12 of the Revised Code are hereby repealed.
Section 3. The amendment by this act of section 2101.16 of
the Revised Code and the enactment of this act by section 2101.164
of the Revised Code apply to the estates of decedents who die on
or after the effective date of this act.
Section 4. The amendment by this act of section 5747.01 of
the Revised Code applies to taxable years beginning on or after
January 1, 2008.
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