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Am. Sub. H. B. No. 53 As Passed by the SenateAs Passed by the Senate
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors:
Representatives Yuko, Skindell, Ujvagi, Setzer, Dodd, Bacon, Collier, Fende, Chandler, Strahorn, White, Hagan, R., Wachtmann, Williams, B., Boyd, Brown, DeBose, Flowers, Goodwin, Hottinger, Huffman, Jones, Oelslager, Otterman, Raussen, Uecker, Webster, Adams, Aslanides, Batchelder, Beatty, Bolon, Book, Brady, Bubp, Budish, Carano, Celeste, Combs, DeGeeter, Distel, Dolan, Domenick, Driehaus, Dyer, Evans, Foley, Garrison, Gibbs, Goyal, Harwood, Heard, Hite, Hughes, Latta, Letson, Luckie, Lundy, Mallory, Mandel, McGregor, R., Miller, Okey, Patton, Sayre, Schindel, Schneider, Stebelton, Stewart, D., Stewart, J., Sykes, Wagoner, Williams, S., Yates
Senators Miller, D., Cafaro, Morano, Padgett, Clancy, Spada, Amstutz, Austria, Boccieri, Buehrer, Faber, Carey, Coughlin, Fedor, Gardner, Grendell, Harris, Jacobson, Kearney, Mason, Sawyer, Schaffer, Schuler, Schuring, Smith, Wilson, Mumper, Miller, R.
A BILL
To amend sections 701.01, 711.23, 1775.31, 2111.37, 2111.47, 2307.14, 2317.021, 2317.03, 2317.06, 2721.05, 3763.06, 4303.272, 4399.05, 4971.16, 5301.22, 5305.17, 5305.18, 5305.19, 5305.20, 5305.21, 5305.22, 5307.19, 5307.20, 5310.12, 5711.05, 5711.07, 5907.06, 5907.08, and 5907.09 of the Revised Code to replace terms that refer to persons with certain conditions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 701.01, 711.23, 1775.31, 2111.37, 2111.47, 2307.14, 2317.021, 2317.03, 2317.06, 2721.05, 3763.06, 4303.272, 4399.05, 4971.16, 5301.22, 5305.17, 5305.18, 5305.19, 5305.20, 5305.21, 5305.22, 5307.19, 5307.20, 5310.12, 5711.05, 5711.07, 5907.06, 5907.08, and 5907.09 of the Revised Code be amended to read as follows:
Sec. 701.01. In the interpretation of Title VII of the Revised Code, unless
the context shows that another meaning was intended:
(A) "Person" includes a private corporation.
(B) "Writing" includes printing.
(C) "Oath" includes affirmation.
(D) "Insane" and "lunatic" include every species of mental derangement.
(E) "Property" includes real, personal, and mixed estates and interests.
(F)(E) "Land" and "real estate" include rights and easements of an incorporeal
nature.
(G)(F) "Plan of sewerage," "system of sewerage," "sewer," and "sewers" include
sewers, sewage disposal works and treatment plants, and sewage pumping
stations, together with facilities and appurtenances necessary and proper
therefor.
This enumeration does not require a strict construction of any other words in
such title.
Sec. 711.23. If As used in this section, "incompetent person" means a person who is so mentally impaired as a result of a mental or physical illness or disability, or mental retardation, or as a result of chronic substance abuse, that the person is incapable of taking proper care of the person's self or property or fails to provide for the person's family or other persons for whom the person is charged by law to provide.
If the court of common pleas is of the opinion that any person
owning a lot in a plat, addition, or part thereof proposed to be vacated or
altered, and not assenting to such vacation or alteration, will sustain damage
thereby, it may proceed to hear proof in reference thereto, and may render
judgment against the petitioners for such damages as it thinks proper and
just, to be assessed ratably against the petitioners by the court, according
to the value of the property owned by the petitioners as it stands taxed on
the tax list of the county. When necessary, the court shall appoint a
guardian ad litem for all minors, or incompetent persons of insane mind, interested in the
premises. The judgment of the court vacating such plat, addition, or parts
thereof, shall be conditioned upon the payment of the damages thus assessed.
Sec. 1775.31. (A) As used in this section, "incompetent person" means a person who is so mentally impaired as a result of a mental or physical illness or disability, or mental retardation, or as a result of chronic substance abuse, that the person is incapable of taking proper care of the person's self or property or fails to provide for the person's family or other persons for whom the person is charged by law to provide.
(A) On application by or for a partner the court shall decree
a dissolution whenever:
(1) A partner has been declared a lunatic an incompetent person in any judicial proceeding or is
shown to be of unsound mind;
(2) A partner becomes in any other way incapable of performing his
the partner's part of the partnership contract;
(3) A partner has been guilty of such conduct as tends to affect
prejudicially the carrying on of the business;
(4) A partner willfully or persistently commits a breach of the partnership
agreement, or otherwise so conducts himself the partner's self in matters
relating to the
partnership business that it is not reasonably practicable to carry on the
business in partnership with him the partner;
(5) The business of the partnership can only be carried on at a loss;
(6) Other circumstances render a dissolution equitable.
(B) On the application of the purchaser of a partner's interest under section
1775.26 or 1775.27 of the Revised Code, the court shall decree a dissolution:
(1) After the termination of the specified term or particular undertaking;
(2) At any time if the partnership was a partnership at will when the
interest was assigned or when the charging order was issued.
Sec. 2111.37. When a nonresident minor, incompetent, habitual drunkard,
idiot, imbecile, lunatic, or person confined in a state, charitable, or
correctional institution has real estate, chattels, rights, credits, or moneys
in this state, the probate court of the county in which the property or a part
of it is situated may appoint a resident guardian of the ward to manage,
collect, lease, and take care of his the ward's property. The
appointment may be made
whether or not a ward has a guardian, trustee, or other conservator in the
state of his the ward's residence, and, if he the
ward has a guardian, trustee, or other
conservator in the state of his the ward's residence, the
control and authority of the
resident guardian appointed in Ohio shall be superior as to all property of
the ward in Ohio.
The first appointment of a resident guardian of a nonresident ward shall
extend to all the property and effects of the ward in this state and exclude
the jurisdiction of the probate court of any other county.
Sec. 2111.47. Upon reasonable notice to the guardian, to the ward, and to the
person on whose application the appointment was made, and upon satisfactory
proof that the necessity for the guardianship no longer exists or that the
letters of appointment were improperly issued, the probate court shall order
that the guardianship of an incompetent terminate and shall make an
appropriate entry upon the journal. Thereupon the guardianship shall cease,
the accounts of the guardian shall be settled by the court, and the ward shall
be restored to the full control of his the ward's property as
before the appointment.
Such entry terminating the guardianship of an insane incompetent person shall have the
same effect as a determination by the court that such person is restored to
sanity competent.
Sec. 2307.14. The As used in this section, "incompetent person" means a person who is so mentally impaired as a result of a mental or physical illness or disability, or mental retardation, or as a result of chronic substance abuse, that the person is incapable of taking proper care of the person's self or property or fails to provide for the person's family or other persons for whom the person is charged by law to provide.
The court shall require a guardian ad litem, or a trustee
appointed under section 2307.13 or 2307.131 of the Revised Code, faithfully to
discharge his the guardian ad litem's or trustee's duty, and
upon his failure to do so, may remove him the guardian ad
litem or trustee, and appoint another. The court may fix a compensation
for his the guardian ad litem's or trustee's services, which
shall be taxed in the costs against the minor, the insane incompetent person, or the
unborn persons.
Sec. 2317.021. (A) As used in division (A) of section 2317.02 of the Revised
Code:
"Client" means a person, firm, partnership, corporation, or other association
that, directly or through any representative, consults an attorney for the
purpose of retaining the attorney or securing legal service or advice from
him the attorney in his the attorney's
professional capacity, or consults an attorney employee for legal service or
advice, and who communicates, either directly or through an agent, employee,
or other representative, with such attorney; and includes an incompetent person whose
guardian so consults the attorney in behalf of the incompetent person.
Where a corporation or association is a client having the privilege and it has
been dissolved, the privilege shall
extend to the last board of directors, their successors or assigns, or to the
trustees, their successors or assigns.
This section shall be construed as in addition to, and not in limitation of,
other laws affording protection to communications under the attorney-client
privilege.
(B) As used in this section and in sections 2317.02 and 2317.03 of the Revised Code, "incompetent" or "incompetent person" means a person who is so mentally impaired as a result of a mental or physical illness or disability, or mental retardation, or as a result of chronic substance abuse, that the person is incapable of taking proper care of the person's self or property or fails to provide for the person's family or other persons for whom the person is charged by law to provide.
Sec. 2317.03. A party shall not testify when the adverse
party is the guardian or trustee of either a deaf and dumb or an
insane an incompetent person, or of a child of a deceased person, or is an
executor or administrator, or claims or defends as heir, grantee,
assignee, devisee, or legatee of a deceased person except:
(A) As to facts which occurred after the appointment of
the guardian or trustee of an insane incompetent person, and, in the other
cases, after the time the decedent, grantor, assignor, or
testator died;
(B) When the action or proceeding relates to a contract
made through an agent by a person since deceased, and the agent
is competent to testify as a witness, a party may testify on the
same subject;
(C) If a party, or one having a direct interest, testifies
to transactions or conversations with another party, the latter
may testify as to the same transactions or conversations;
(D) If a party offers evidence of conversations or
admissions of the opposite party, the latter may testify
concerning the same conversations or admissions; and, if evidence
of declarations against interest made by an insane, incompetent,
or deceased person has been admitted, then any oral or written
declaration made by such insane, incompetent, or deceased person
concerning the same subject to which any such admitted evidence
relates, and which but for this provision would be excluded as
self-serving, shall be admitted in evidence if it be proved to
the satisfaction of the trial judge that the declaration was made
at a time when the declarant was competent to testify, concerning
a subject matter in issue, and, when no apparent motive to
misrepresent appears;
(E) In an action or proceeding by or against a partner or
joint contractor, the adverse party shall not testify to
transactions with, or admissions by, a partner or joint
contractor since deceased, unless they were made in the presence
of the surviving partner or joint contractor, and this rule
applies without regard to the character in which the parties sue
or are sued;
(F) If the claim or defense is founded on a book account,
a party may testify that the book is his the party's account
book, that it is a book of original entries, that the entries therein were
made in
the regular course of business by himself the party personally,
a person since deceased, or a disinterested person, and the book is then
competent evidence in any case, without regard to the parties,
upon like proof by any competent witness;
(G) If after testifying orally, a party dies, the evidence
may be proved by either party on a further trial of the case,
whereupon the opposite party may testify to the same matters;
(H) If a party dies and his the party's deposition is offered
in evidence, the opposite party may testify as to all competent
matters therein.
This section does not apply to actions for causing death,
or actions or proceedings involving the validity of a deed, will
or codicil. When a case is plainly within the reason and spirit
of this section and sections 2317.01 and 2317.02 of the Revised
Code, though not within the strict letter, their principles shall
be applied.
Sec. 2317.06. (A) If a party or witness, after testifying
orally, dies, is beyond the jurisdiction of the court, cannot be
found after diligent search, is insane, unable to testify because of any physical
or mental infirmity is unable to testify, or has been summoned
but appears to have been kept away by the adverse party and if
the evidence of the party or witness has been taken down by an
official stenographer, the evidence so taken may be read in
evidence by either party on the further trial of the case and
shall be prima-facie evidence of what the deceased party or
witness testified to orally on the former trial. If the evidence
has not been taken by an official stenographer, it may be proved
by witnesses who were present at the former trial, having
knowledge of the testimony. All testimony so offered shall be
open to all objections that might be taken if the witness was
personally present.
(B)(1) If it is necessary in a civil action before the
court to procure the testimony of a person who is imprisoned in a
workhouse, juvenile detention facility, jail, or
state correctional institution within this state, or who is in the custody of
the
department of youth services, the court shall require that the
person's testimony be taken by deposition pursuant to the Civil
Rules at the place of the person's confinement, unless the court
determines that the interests of justice demand that the person
be brought before the court for the presentation of his the
person's testimony.
(2) If the court determines that the interests of justice
demand that a person specified in division (B)(1) of this section
be brought before the court for the presentation of his the
person's testimony, the court shall order the person to be brought before
it under the procedures set forth in division (B) or (C) of
section 2945.47 of the Revised Code.
(C) When a person's deposition is taken pursuant to
division (B)(1) of this section, the person shall remain in the
custody of the officer who is in charge of the person, and the
officer shall provide reasonable facilities for the taking of the
deposition.
(D) The person requesting the testimony of the person
whose deposition is taken pursuant to division (B)(1) of this
section shall pay the expense of taking the deposition, except
that the court may tax the expense as court costs in appropriate
cases.
Sec. 2721.05. Any As used in this section, "incompetent person" means a person who is so mentally impaired as a result of a mental or physical illness or disability, or mental retardation, or as a result of chronic substance abuse, that the person is incapable of taking proper care of the person's self or property or fails to provide for the person's family or other persons for whom the person is charged by law to provide.
Any person interested as or through an executor, administrator,
trustee, guardian, or other fiduciary, creditor, devisee, legatee, heir, next
of kin, or cestui que trust, in the administration of a trust, or of the
estate of a decedent, an infant, lunatic an incompetent person, or an insolvent person, may have a declaration
of rights or legal relations in respect thereto in any of the following cases:
(A) To ascertain any class of creditors, devisees, legatees, heirs, next of
kin, or others;
(B) To direct the executors, administrators, trustees, or other fiduciaries
to do or abstain from doing any particular act in their fiduciary capacity;
(C) To determine any question arising in the administration of the estate or
trust, including questions of construction of wills and other writings.
Sec. 3763.06. The As used in this section, "incompetent person" means a person who is so mentally impaired as a result of a mental or physical illness or disability, or mental retardation, or as a result of chronic substance abuse, that the person is incapable of taking proper care of the person's self or property or fails to provide for the person's family or other persons for whom the person is charged by law to provide.
The property, both real and personal, of a defendant against
whom a judgment is rendered under sections 3763.01 to 3763.08,
inclusive, of
the Revised Code, for fines, costs, or to recover money or any other
thing of
value, lost or paid, shall be liable therefor without exemption, and such
judgment shall be a lien thereon until paid. If the owner of the building in
which the money was lost knowingly permits it to be used for gaming purposes,
such building, and the real estate upon which it stands, shall be liable
therefor in a like manner. The guardian or trustee of a minor, insane person,
or idiot incompetent person, permitting property under his the guardian's or
trustee's charge to be used for gaming purposes
and to become liable on account thereof, shall be liable to his the
guardian's or trustee's ward for such
amount.
Sec. 4303.272. Any As used in this section, "incompetent person" means a person who is so mentally impaired as a result of a mental or physical illness or disability, or mental retardation, or as a result of chronic substance abuse, that the person is incapable of taking proper care of the person's self or property or fails to provide for the person's family or other persons for whom the person is charged by law to provide.
Any permit holder whose permit premises are
destroyed or made unusable for any cause, or whose tenancy is
terminated for any cause, shall deliver the permit holder's permit to the
division of liquor control for safekeeping until such time
as the original permit premises are made available for occupancy or
new premises are secured by the permit holder or until new
premises are secured by the permit holder outside the precinct
affected by a local option election.
Unless the permit is to be cancelled as the result of a
local option election held pursuant to section 4301.352 of the
Revised Code, a permit holder whose permit is to be restricted or
cancelled as the result of a local option election pursuant to
sections 4301.32 to 4301.41 and 4305.14 of the Revised Code may,
within the thirty-day period after the certification of the
results of the election to the division,
deliver the permit to the division for
safekeeping subject to
the renewal and transfer provision of this section. A permit
holder whose permit is to be cancelled as the result of a local
option election held pursuant to section 4301.352 of the Revised
Code is not entitled to deliver the permit to the
division for safekeeping.
If, as the result of the election, the use of a permit is
made wholly unlawful and the permit holder does not deliver or is
not entitled to deliver the permit to the
division for
safekeeping as provided in this section, the division shall
forthwith cancel and pick up the permit.
During the period of time that a permit is held in
safekeeping by the division, the permit holder shall be
allowed
to transfer the permit to other premises, subject to the
provisions of Chapters 4301. and 4303. of the Revised Code.
If the expiration date of a permit occurs during the time
it is held in safekeeping, the permit shall be renewed by the
division if the permit holder complies with the other
provisions of Chapters 4301. and 4303. of the Revised Code,
pertaining to the renewal of a permit. The division shall
issue and then retain the renewed permit until the original
permit premises become available for occupancy by the permit
holder or until the permit holder secures other premises. The
division shall return to the permit holder a permit renewed
while in safekeeping when the original permit premises are made
available for occupancy or new permit premises are secured by the
permit holder, if the premises meet the requirements of Chapters
4301. and 4303. of the Revised Code.
A permit renewed while in safekeeping shall be considered
in full force and effect and may be transferred by the
division.
Should the permit holder be adjudged an incompetent person
or insane or die while the permit holder's permit is in safekeeping, the
permit
shall be transferred, upon application, by the division to the guardian,
administrator, executor, or other fiduciary of the
permit holder who shall have the same rights to the transfer,
return, and renewal of the permit as is provided in this section
for the permit holder.
A permit held in safekeeping shall not be renewed more than
once while so held, unless the building from which the permit was
taken for safekeeping or the building to which the permit is to
be transferred is under construction or reconstruction, in which
event the permit shall be held in safekeeping and shall, upon the
application of the permit holder, be renewed at each expiration
date until the construction or reconstruction of the building is
completed.
Sec. 4399.05. If As used in this section, "incompetent person" means a person who is so mentally impaired as a result of a mental or physical illness or disability, or mental retardation, or as a result of chronic substance abuse, that the person is incapable of taking proper care of the person's self or property or fails to provide for the person's family or other persons for whom the person is charged by law to provide.
If a person rents or leases to another a building or premises
to
be used or occupied, in whole or in part, for the sale of intoxicating
liquors,
or permits such building or premises to be so used or occupied, such building
or premises shall be liable for and may be sold to pay all fines, costs, and
damages assessed against a person occupying them. Proceedings may be had to
subject them to the payment of such fine and costs assessed or judgment
recovered, or part remaining unpaid, either before or after execution issues
against the property of the person against whom such fine and costs or
judgment
have been adjudged or assessed. When execution issues against the property
leased or rented, the officer shall proceed to satisfy it out of the building
or premises so leased or occupied.
If such building or premises belong to a minor, insane or incompetent person, or idiot,
his the
guardian having control thereof shall be liable and account to his
the guardian's ward for all
damages on account of such use and occupation, and the liabilities for such
fines, costs, and damages.
Sec. 4971.16. Persons As used in this section, "incompetent person" means a person who is so mentally impaired as a result of a mental or physical illness or disability, or mental retardation, or as a result of chronic substance abuse, that the person is incapable of taking proper care of the person's self or property or fails to provide for the person's family or other persons for whom the person is charged by law to provide.
Persons in interest who fail to become parties to the agreement
within the four-month period referred to in section 4971.14 of the Revised
Code
are entitled to the same rights, interest, estate, remedy, liens, and action,
and none other, which parties in interest of like class and amount who signed
the agreement obtained by and under it. If a person in interest fails for six
years after the publication of the notice mentioned in such section to apply
at
the principal office of the company, either in person or by proxy, to become a
party in interest in the agreement, such person, unless an infant or insane incompetent person,
shall be barred of all interest, claim, right, or action under the agreement or
otherwise. In case of such disability such rights shall be extended for two
years after the termination of the disability.
Sec. 5301.22. No As used in this section, "incompetent person" means a person who is so mentally impaired as a result of a mental or physical illness or disability, or mental retardation, or as a result of chronic substance abuse, that the person is incapable of taking proper care of the person's self or property or fails to provide for the person's family or other persons for whom the person is charged by law to provide.
No agreement described in section 5301.21 of the Revised Code
shall be executed by a minor, idiot, lunatic, or insane incompetent person, but it may be
executed and delivered for record, on his such a person's
behalf, by his the person's guardian. When
executed, acknowledged, delivered for record, and recorded, such agreement
shall be as effectual against such minor, idiot, lunatic, or insane incompetent person, as
if he the person had been under no disability, and had performed
such acts
himself personally. An owner, not under any of such
disabilities, may perform all such
acts by an
attorney in fact. The power of such attorney must be in writing and first
recorded in the county recorder's office.
Sec. 5305.17. The As used in this section and sections 5305.18 to 5305.22 of the Revised Code, "incompetent person" means a person who is so mentally impaired as a result of a mental or physical illness or disability, or mental retardation, or as a result of chronic substance abuse, that the person is incapable of taking proper care of the person's self or property or fails to provide for the person's family or other persons for whom the person is charged by law to provide.
The guardian of a surviving spouse who has been adjudged insane to be an incompetent person
may appear and answer for such insane incompetent person in an action under section
5305.15
of the Revised Code, subject to the approval of the court in which it is
pending. Such answer has the same effect as if such spouse answered
personally. The guardian shall be liable to such spouse, or the heirs, for
all
damage or loss sustained by his the guardian's fraud or
collusion, notwithstanding the
approval of the court.
Sec. 5305.18. A person owning real property in this state,
encumbered by the contingent or vested right of dower of
an insane incompetent person, may apply, by petition to the court of common
pleas of the county in which the real estate, or any part
thereof, is situated, making defendants thereto such insane incompetent
person, and the spouse and guardian, if such insane incompetent person has
either or both, for leave to sell any part of such real property,
discharged and unencumbered of such contingent or vested right of
dower. The petition must set forth the insanity grounds for the incompetency of the person,
together with a description of the land proposed to be sold.
Thereupon the court shall appoint a committee of six competent
men individuals, of whom at least three are physicians, who,
under oath,
shall inquire into the insanity competence of such person, and hear
testimony to be produced by the spouse or guardian, or, if there
is no such guardian, by a guardian ad litem to be appointed in
the action. The committee shall make a report, in writing, of
the result of its investigation, signed by its members.
Sec. 5305.19. If the committee provided for in section 5305.18 of the Revised
Code unanimously reports that the person having a contingent or vested right
of
dower, in its opinion, is a permanently insane incompetent person, the court of common pleas shall
appoint three judicious freeholders to appraise the real estate described in
the petition mentioned in said section, whether or not such real estate is in
one or several counties. Such freeholders shall report in writing the value
of
each tract.
Sec. 5305.20. When the report provided for in section
5305.19 of the Revised Code is filed, the court of common pleas
may direct the petitioner, by a sufficient deed of conveyance, to
convey to the insane incompetent person, to be held by such person in fee,
such proportion of the real estate described in the petition as
seems just, or the court may assign to such insane incompetent person, to be
held by him the incompetent person during life, after the death of
the spouse of such
person, such proportion of the real estate described in the
petition as seems just, for his the incompetent person's support, or
the court may order
the petitioner to invest an amount by it fixed, in the stock of a
company, or stocks created by the laws of this state, as the
court designates, the profits, and dividends or distributions,
arising from such investment to be applied to the support and
maintenance of the insane incompetent person after the death of the spouse of
such person. The petitioner, upon his compliance with the order
of the court, may sell all the real property he the petitioner
is possessed of,
described in the petition, free and unencumbered of the
contingent or vested right of dower of such insane incompetent person.
Sec. 5305.21. When the spouse of an insane incompetent person conveys real estate in this
state, in which such person has a contingent or vested right of dower, and the
insane incompetent person does not join the spouse in the conveyance, the spouse may apply
by petition to the court of common pleas of the county in which the insane incompetent
person resides, or, if such insane incompetent person resides out of the state, then in
the
county in which the real estate is situated, for leave to have part or all of
such real estate so conveyed, released of the dower right therein. Such
petition shall set forth the insanity grounds for incompetency of the insane incompetent person, and a description
of the land proposed to be affected. The insane incompetent person, guardian, if there is
one, and all persons in interest, shall be made defendants, and the action
shall be proceeded with as prescribed in sections 5305.18 to 5305.20,
inclusive, of the Revised Code, except that instead of ordering the
petitioner
to sell the real estate
or to convey or assign to such insane incompetent person any part
of
it, the court shall direct the petitioner to make such investment as is
provided in section 5305.20 of the Revised Code, or require him the
petitioner to secure the
amount to the use of the insane incompetent person by mortgage of unencumbered real estate
of at least double the value thereof. Upon compliance by the petitioner with
the order made, the court shall enter a judgment releasing and discharging the
real estate from the encumbrance of such right of dower, and adjudge the
holder
of the legal title, or other party liable, to pay to the petitioner any sum
withheld or retained as indemnity against such dower right.
Sec. 5305.22. Any real estate or interest therein coming to a person by
purchase, inheritance, or otherwise, after the spouse of such person is
adjudged insane, an incompetent person and is an inmate of admitted to either a hospital for the insane persons with mental illness in this state, or confined in the insane department of any epileptic hospital of this state,
or any other state of the United States, or is an inmate of a hospital for the insane, or confined in the insane psychiatric department of any hospital of the United
States, may be conveyed by such person while such insane spouse who is an incompetent person remains an
inmate a patient thereof, free and clear from any dower right or expectancy of such
insane spouse who is an incompetent person. Dower shall not attach to any real estate so acquired and
conveyed during the time described in this section in favor of such insane
spouse who is an incompetent person. The indorsement upon the instrument of conveyance, by the
superintendent of the hospital, that such spouse is an insane inmate incompetent person thereof,
stating when received therein and signed officially by him the
superintendent, shall be sufficient
evidence of the fact that such spouse is such inmate incompetent person. This indorsement shall
be a part of the instrument of conveyance.
Sec. 5307.19. The As used in this section and section 5307.20 of the Revised Code, "incompetent person" means a person who is so mentally impaired as a result of a mental or physical illness or disability, or mental retardation, or as a result of chronic substance abuse, that the person is incapable of taking proper care of the person's self or property or fails to provide for the person's family or other persons for whom the person is charged by law to provide.
The guardian of a minor, idiot, imbecile, or insane incompetent person, on
behalf of his the guardian's ward, may perform any act, matter,
or thing respecting the
partition of an estate which such ward could do under sections 5307.01 to
5307.25, inclusive, of the Revised Code, if he the ward
were of age and of sound mind.
On behalf of such ward, the guardian may elect to take the estate, when it
cannot be divided without injury, and make payments therefor on the ward's
behalf.
Sec. 5307.20. A person appointed according to the laws of any other state or
country, to take charge of the estate of an idiot or insane incompetent person not a
resident of this state, upon being authorized in this state to take charge of
such estate situated therein, may act in the partition of the estate the same
as the guardian of an idiot or insane incompetent person is authorized to do by section
5307.19 of the Revised Code.
Sec. 5310.12. No As used in this section, "incompetent person" means a person who is so mentally impaired as a result of a mental or physical illness or disability, or mental retardation, or as a result of chronic substance abuse, that the person is incapable of taking proper care of the person's self or property or fails to provide for the person's family or other persons for whom the person is charged by law to provide.
No action or proceeding for compensation from the assurance
fund provided for in section 5310.05 of the Revised Code for, or by reason of,
any deprivation, loss, or damage shall be made, brought or taken, except
within a period of six years from the time when the right to bring such action
or proceeding first accrued. If at the time when such right of action first
accrues the person entitled to bring such action or take such proceedings is
within the age of eighteen years, insane an incompetent person, imprisoned, or absent from the
United States in the service of the United States or of this state, such
person or anyone claiming from, by, or under him the person, may
bring the action
at any time within two years after such disability is removed.
Sec. 5711.05. Each As used in this section and section 5711.07 of the Revised Code, "incompetent person" means a person who is so mentally impaired as a result of a mental or physical illness or disability, or mental retardation, or as a result of chronic substance abuse, that the person is incapable of taking proper care of the person's self or property or fails to provide for the person's family or other persons for whom the person is charged by law to provide.
Each person shall return all the taxable
property of which he the person is the owner, except property
required by
this section or the regulations of the tax commissioner to be
returned for him the person by a fiduciary; but this section
does not
authorize any person to omit from his the person's return of
taxable property
his the person's interest in investments and other taxable
intangible property
yielding income owned or held for his the person's benefit by a
fiduciary and
not taxed at the source, or other taxable property so owned or
held by a nonresident fiduciary. The return of all the taxable
property of a corporation shall be made by the president, a
vice-president, or the secretary and by the principal accounting
officer, that of a partnership, by a partner, and that of an
association, by the managing agent in this state.
All taxable property belonging to the persons named or
indicated shall be returned by the fiduciaries named, as follows:
(A) That of a ward, by his the ward's guardian;
(B) That of a minor, an idiot, or an insane incompetent person having
no guardian, by his the minor's or incompetent person's
father, if living, if not, by his the minor's or incompetent
person's mother, if
living, and if neither father nor mother is living, by the person
having such property in charge;
(C) That of an estate of a deceased person, by his the deceased
person's
executor, administrator, or personal representative;
(D) That of persons whose assets are in the hands of
receivers, assignees for the benefit of creditors, trustees in
bankruptcy, or official custodians, by such receivers, assignees,
trustees in bankruptcy, or official custodians.
Personal property used in business and taxable property of
a nonresident used in and arising out of a business transacted
for him the nonresident or on his the
nonresident's behalf in any of the cases mentioned in section
5709.03 of the Revised Code, in the possession or custody of any
agent, factor, bailee, or other similar fiduciary, shall be
returned by such fiduciary, except as is provided by regulation
of the commissioner; but as to such property in the possession,
custody, or legal ownership of a trustee the next succeeding
paragraph of this section shall be exclusive; provided that a
warehouseman warehouseperson shall not be required to return for
taxation
personal property assigned consigned to him the
warehouseperson for the sole purpose
of being stored or forwarded, if such warehouseman
warehouseperson has no
interest in such property other than his warehouseman's a
warehouseperson's lien, or
any profit to be derived from its sale.
All the taxable property, except investments and other
taxable intangible property yielding income, of a person for
whose benefit property is held in trust shall be returned by the
trustee, and if any beneficiary of such a trust is a minor, an
idiot, or an insane incompetent person residing in this state, and for whom
there is no other fiduciary in this state, the commissioner may
require such a trustee to return also the investments and other
taxable intangible property yielding income held for the benefit
of any such beneficiary and not taxed at the source.
All returns made as fiduciaries' returns shall be separate
from the fiduciary's return as an individual, firm, association,
or corporation and shall set forth the names of all persons
toward whom the relation of fiduciary is borne or on whose behalf
the returns are made, together with the capacity in which the
fiduciary so acts for each of such persons.
The commissioner may adopt and promulgate regulations
covering the making of returns not inconsistent with this section
or sections 5711.01 to 5711.36, inclusive, of the Revised Code,
so that all property taxable in this state shall be returned for
taxation.
Sec. 5711.07. Personal property used in business shall be
listed and assessed in the taxing district in which such business
is carried on. If such business is carried on in more than one
taxing district in the same county, the return shall set forth
the amount of the property used therein which is situated in each
taxing district in such county, and the value of all the personal
property used in business shall be apportioned to and assessed in
each of such taxing districts in proportion to the value of the
personal property situated therein. Domestic animals not used in
business shall be listed and assessed in the taxing district
where kept. Ships, vessels, boats, and aircraft, and shares and
interests therein, shall be listed and assessed in the taxing
district in which the owner resides. All other taxable property
shall be listed and assessed in the municipal corporation in
which the owner resides, or, if the owner resides outside a
municipal corporation, then in the county in which he the owner
resides
except as provided in sections 5711.01 to 5711.36, inclusive, of
the Revised Code. Whenever, under such sections, taxable
property required by this section to be listed and assessed in
the taxing district or county in which the owner resides is
required to be listed by a fiduciary, such property shall be
listed and assessed by such fiduciary in the taxing district or
county in which such fiduciary resides, or, in the case of joint
fiduciaries, in which either such fiduciary resides; but such
property belonging to the estate of a deceased resident of this
state shall be listed and assessed in the taxing district or
county in which he the deceased resident resided at the time of
his death, regardless
of the residence of his the deceased resident's executors,
administrators, or personal
representatives, and such property belonging to a ward, minor,
insane incompetent person, or beneficiary of a trust residing in this state,
title, custody, or possession of which is vested in a nonresident
fiduciary, shall be listed and assessed in the taxing district or
county in which such ward, minor, insane incompetent person, or beneficiary
resides.
Sec. 5907.06. An insane person A person with a mental illness that causes the person to be dangerous to the community shall not be admitted to
a veterans'
home. In case
an insane person a person with such a mental illness, through
misrepresentation as to
the
person's condition, is
sent to
a home,
the person shall be returned to, and the
expense
of the return shall be
borne by, the county from which
the person came.
Sec. 5907.08. When a resident of
a veterans' home
becomes insane dangerous to the community due to a mental illness, the
superintendent of the Ohio
veterans' home agency shall file with the probate judge of
the
county in which the home
is
located substantially the
following
affidavit:
"The State of Ohio, ..........
county, ss. ...........,
superintendent of the Ohio veterans' home
agency, being
duly
sworn, says that the
superintendent
believes that
............, a
resident of the
veterans' home
located in
.......... county, is insane has a mental illness;
that, in consequence of
the
resident's insanity mental illness,
the resident's being at large is
dangerous to
the
community, and that the resident was received
into the home
from ............ county, on
the ...... day of
........., .....
Sec. 5907.09. When the affidavit referred to in section
5907.08 of the
Revised
Code is filed, the probate judge shall
forthwith determine the sanity competence of
the
resident.
Insofar as applicable, the laws governing in cases of admission
to
a state hospital for the insane persons with mental illness shall apply. The probate judge
shall have
the same authority, and may receive and order paid the
same fees and costs, as
the probate judge would have in the county
in which
the veteran was
a resident
at the time of entering
the
veterans' home.
Section 2. That existing sections 701.01, 711.23, 1775.31, 2111.37, 2111.47, 2307.14, 2317.021, 2317.03, 2317.06, 2721.05, 3763.06, 4303.272, 4399.05, 4971.16, 5301.22, 5305.17, 5305.18, 5305.19, 5305.20, 5305.21, 5305.22, 5307.19, 5307.20, 5310.12, 5711.05, 5711.07, 5907.06, 5907.08, and 5907.09 of the Revised Code are hereby repealed.
Section 3. The General Assembly declares its intent that the amendments made by this act to sections 701.01, 711.23, 1775.31, 2111.37, 2111.47, 2307.14, 2317.021, 2317.03, 2317.06, 2721.05, 3763.06, 4303.272, 4399.05, 4971.16, 5301.22, 5305.17, 5305.18, 5305.19, 5305.20, 5305.21, 5305.22, 5307.19, 5307.20, 5310.12, 5711.05, 5711.07, 5907.06, 5907.08, and 5907.09 of the Revised Code are not substantive in nature but are intended to replace certain outdated terms with current, synonymous terms.
These amendments shall not be construed to expand, impair, or otherwise affect any power, authority, duty, right, obligation, remedy, or liability contained in the foregoing sections prior to the effective date of this act.
Section 4. Section 4303.272 of the Revised Code is
presented in this act
as a composite of the section as amended by
both
Am. Sub. S.B. 149 and Am. Sub. S.B. 162 of the 121st General
Assembly. The General Assembly, applying the
principle stated in division (B) of section 1.52 of the Revised
Code that amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the composite is the resulting
version of the section in effect prior to the effective date of
the section as presented in this act.
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