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H. B. No. 537 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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Representatives Budish, Brenner
Cosponsors:
Representatives Slesnick, Lundy, Reece, Barborak, Gerberry, Antonio
A BILL
To amend sections 111.16, 111.17, 1703.31, 1729.12,
1746.06, 1782.63, 2305.10, and 4743.04 and to
enact sections 5903.21, 5903.22, 5903.23, 5903.24,
and 5903.25 of the Revised Code to establish the
Veterans Fee Waiver Program.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 111.16, 111.17, 1703.31, 1729.12,
1746.06, 1782.63, 2305.10, and 4743.04 be amended and sections
5903.21, 5903.22, 5903.23, 5903.24, and 5903.25 of the Revised
Code be enacted to read as follows:
Sec. 111.16. The secretary of state shall charge and
collect, for the benefit of the state, the following fees:
(A) For filing and recording articles of incorporation of a
domestic corporation, including designation of agent:
(1) Wherein the corporation shall not be authorized to issue
any shares of capital stock, one hundred twenty-five dollars;
(2) Wherein the corporation shall be authorized to issue
shares of capital stock, with or without par value:
(a) Ten cents for each share authorized up to and including
one thousand shares;
(b) Five cents for each share authorized in excess of one
thousand shares up to and including ten thousand shares;
(c) Two cents for each share authorized in excess of ten
thousand shares up to and including fifty thousand shares;
(d) One cent for each share authorized in excess of fifty
thousand shares up to and including one hundred thousand shares;
(e) One-half cent for each share authorized in excess of one
hundred thousand shares up to and including five hundred thousand
shares;
(f) One-quarter cent for each share authorized in excess of
five hundred thousand shares; provided no fee shall be less than
one hundred twenty-five dollars or greater than one hundred
thousand dollars.
(B) For filing and recording a certificate of amendment to or
amended articles of incorporation of a domestic corporation, or
for filing and recording a certificate of reorganization, a
certificate of dissolution, or an amendment to a foreign license
application:
(1) If the domestic corporation is not authorized to issue
any shares of capital stock, fifty dollars;
(2) If the domestic corporation is authorized to issue shares
of capital stock, fifty dollars, and in case of any increase in
the number of shares authorized to be issued, a further sum
computed in accordance with the schedule set forth in division
(A)(2) of this section less a credit computed in the same manner
for the number of shares previously authorized to be issued by the
corporation; provided no fee under division (B)(2) of this section
shall be greater than one hundred thousand dollars;
(3) If the foreign corporation is not authorized to issue any
shares of capital stock, fifty dollars;
(4) If the foreign corporation is authorized to issue shares
of capital stock, fifty dollars.
(C) For filing and recording articles of incorporation of a
savings and loan association, one hundred twenty-five dollars; and
for filing and recording a certificate of amendment to or amended
articles of incorporation of a savings and loan association, fifty
dollars;
(D) For filing and recording a certificate of conversion,
including a designation of agent, a certificate of merger, or a
certificate of consolidation, one hundred twenty-five dollars and,
in the case of any new corporation resulting from a consolidation
or any surviving corporation that has an increased number of
shares authorized to be issued resulting from a merger, an
additional sum computed in accordance with the schedule set forth
in division (A)(2) of this section less a credit computed in the
same manner for the number of shares previously authorized to be
issued or represented in this state by each of the corporations
for which a consolidation or merger is effected by the
certificate;
(E) For filing and recording articles of incorporation of a
credit union or the American credit union guaranty association,
one hundred twenty-five dollars, and for filing and recording a
certificate of increase in capital stock or any other amendment of
the articles of incorporation of a credit union or the
association, fifty dollars;
(F) For filing and recording articles of organization of a
limited liability company, for filing and recording an application
to become a registered foreign limited liability company, for
filing and recording a registration application to become a
domestic limited liability partnership, or for filing and
recording an application to become a registered foreign limited
liability partnership, one hundred twenty-five dollars;
(G) For filing and recording a certificate of limited
partnership or an application for registration as a foreign
limited partnership, or for filing an initial statement of
partnership authority pursuant to section 1776.33 of the Revised
Code, one hundred twenty-five dollars.;
(H) For filing a copy of papers evidencing the incorporation
of a municipal corporation or of annexation of territory by a
municipal corporation, five dollars, to be paid by the municipal
corporation, the petitioners therefor, or their agent;
(I) For filing and recording any of the following:
(1) A license to transact business in this state by a foreign
corporation for profit pursuant to section 1703.04 of the Revised
Code or a foreign nonprofit corporation pursuant to section
1703.27 of the Revised Code, one hundred twenty-five dollars;
(2) A biennial report or biennial statement pursuant to
section 1775.63, 1776.83, or 1785.06 of the Revised Code,
twenty-five dollars;
(3) Except as otherwise provided in this section or any other
section of the Revised Code, any other certificate or paper that
is required to be filed and recorded or is permitted to be filed
and recorded by any provision of the Revised Code with the
secretary of state, twenty-five dollars.
(J) For filing any certificate or paper not required to be
recorded, five dollars;
(K)(1) For making copies of any certificate or other paper
filed in the office of the secretary of state, a fee not to exceed
one dollar per page, except as otherwise provided in the Revised
Code, and for creating and affixing the seal of the office of the
secretary of state to any good standing or other certificate, five
dollars. For copies of certificates or papers required by state
officers for official purpose, no charge shall be made.
(2) For creating and affixing the seal of the office of the
secretary of state to the certificates described in division (E)
of section 1701.81, division (E) of section 1701.811, division (E)
of section 1705.38, division (E) of section 1705.381, division (D)
of section 1702.43, division (E) of section 1775.47, division (E)
of section 1775.55, division (E) of section 1776.70, division (E)
of section 1776.74, division (E) of section 1782.433, or division
(E) of section 1782.4310 of the Revised Code, twenty-five dollars.
(L) For a minister's license to solemnize marriages, ten
dollars;
(M) For examining documents to be filed at a later date for
the purpose of advising as to the acceptability of the proposed
filing, fifty dollars;
(N) Fifty dollars for filing and recording any of the
following:
(1) A certificate of dissolution and accompanying documents,
or a certificate of cancellation, under section 1701.86, 1702.47,
1705.43, 1776.65, or 1782.10 of the Revised Code;
(2) A notice of dissolution of a foreign licensed corporation
or a certificate of surrender of license by a foreign licensed
corporation under section 1703.17 of the Revised Code;
(3) The withdrawal of registration of a foreign or domestic
limited liability partnership under section 1775.61, 1775.64,
1776.81, or 1776.86 of the Revised Code, or the certificate of
cancellation of registration of a foreign limited liability
company under section 1705.57 of the Revised Code;
(4) The filing of a statement of denial under section 1776.34
of the Revised Code, a statement of dissociation under section
1776.57 of the Revised Code, a statement of disclaimer of general
partner status under Chapter 1782. of the Revised Code, or a
cancellation of disclaimer of general partner status under Chapter
1782. of the Revised Code.
(O) For filing a statement of continued existence by a
nonprofit corporation, twenty-five dollars;
(P) For filing a restatement under section 1705.08 or 1782.09
of the Revised Code, an amendment to a certificate of cancellation
under section 1782.10 of the Revised Code, an amendment under
section 1705.08 or 1782.09 of the Revised Code, or a correction
under section 1705.55, 1775.61, 1775.64, 1776.12, or 1782.52 of
the Revised Code, fifty dollars;
(Q) For filing for reinstatement of an entity cancelled by
operation of law, by the secretary of state, by order of the
department of taxation, or by order of a court, twenty-five
dollars;
(R) For filing and recording any of the following:
(1) A change of agent, resignation of agent, or change of
agent's address under section 1701.07, 1702.06, 1703.041, 1703.27,
1705.06, 1705.55, 1746.04, 1747.03, 1776.07, or 1782.04 of the
Revised Code, twenty-five dollars;
(2) A multiple change of agent name or address,
standardization of agent address, or resignation of agent under
section 1701.07, 1702.06, 1703.041, 1703.27, 1705.06, 1705.55,
1746.04, 1747.03, 1776.07, or 1782.04 of the Revised Code, one
hundred twenty-five dollars, plus three dollars per entity record
being changed, by the multiple agent update.
(S) For filing and recording any of the following:
(1) An application for the exclusive right to use a name or
an application to reserve a name for future use under section
1701.05, 1702.05, 1703.31, 1705.05, or 1746.06 of the Revised
Code, fifty dollars;
(2) A trade name or fictitious name registration or report,
fifty dollars;
(3) An application to renew any item covered by division
(S)(1) or (2) of this section that is permitted to be renewed,
twenty-five dollars;
(4) An assignment of rights for use of a name covered by
division (S)(1), (2), or (3) of this section, the cancellation of
a name registration or name reservation that is so covered, or
notice of a change of address of the registrant of a name that is
so covered, twenty-five dollars.
(T) For filing and recording a report to operate a business
trust or a real estate investment trust, either foreign or
domestic, one hundred twenty-five dollars; and for filing and
recording an amendment to a report or associated trust instrument,
or a surrender of authority, to operate a business trust or real
estate investment trust, fifty dollars;
(U)(1) For filing and recording the registration of a
trademark, service mark, or mark of ownership, one hundred
twenty-five dollars;
(2) For filing and recording the change of address of a
registrant, the assignment of rights to a registration, a renewal
of a registration, or the cancellation of a registration
associated with a trademark, service mark, or mark of ownership,
twenty-five dollars.
(V) For filing a service of process with the secretary of
state, five dollars, except as otherwise provided in any section
of the Revised Code.
Fees specified in this section may be paid by cash, check, or
money order, by credit card in accordance with section 113.40 of
the Revised Code, or by an alternative payment program in
accordance with division (B) of section 111.18 of the Revised
Code. Any credit card number or the expiration date of any credit
card is not subject to disclosure under Chapter 149. of the
Revised Code.
The fees specified in divisions (A), (F), (G), and (S) of
this section are subject to sections 5903.21 to 5903.25 of the
Revised Code relating to the veterans fee waiver program.
Sec. 111.17. The secretary of state shall not file or record
articles of incorporation or consolidation, certificates, or other
papers referred to in section 111.16 of the Revised Code unless
the fee has been paid or the fee is waived under the veterans fee
waiver program under sections 5903.21 to 5903.25 of the Revised
Code.
Sec. 1703.31. (A) Any foreign corporation may register its
corporate name, if its corporate name is available for use under
division (D) of section 1703.04 of the Revised Code, by filing in
the office of the secretary of state an application, on a form
prescribed by the secretary of state, that contains the following
information:
(1) The exact corporate name to be registered;
(2) The complete address of the principal office of the
corporation;
(3) The jurisdiction of its incorporation;
(4) The date of its incorporation;
(5) A statement that it is carrying on or doing business;
(6) The general nature of the business in which it is
engaged;
(7) Any other information required by the secretary of state.
The application shall be signed and verified by an officer of
the applicant.
The application shall be accompanied by a certificate stating
that the corporation is in good standing under the laws of the
jurisdiction of its incorporation, which certificate shall be
executed by the official of the jurisdiction having custody of the
records pertaining to corporations and dated not earlier than
sixty days prior to the filing of the application.
The filing fee specified in division (S)(1) of section 111.16
of the Revised Code shall accompany the application unless the fee
is waived under the veterans fee waiver program under sections
5903.21 to 5903.25 of the Revised Code.
(B) Registration of a corporate name under this section is
effective for a term of one year from the date of registration.
Upon application, on a form prescribed by the secretary of state,
filed with the secretary of state prior to the expiration of each
one-year term, the registration may be renewed for an additional
term. The renewal application shall set forth the facts required
to be set forth in the original application for registration,
together with a certificate of good standing as required for the
initial registration.
The secretary of state shall notify registrants within the
three months before the expiration of one year from the date of
registration of the necessity of renewal by writing to the
principal office address of the registrants as shown upon the
current registration in effect.
The renewal fee specified in division (S)(3) of section
111.16 of the Revised Code, payable to the secretary of state,
shall accompany the application for renewal of the registration.
Sec. 1729.12. (A) For filing articles of incorporation or a
certificate of amendment of articles or a certificate of merger,
consolidation, division, or dissolution, and with respect to the
issuance of shares of stock, an association organized under this
chapter shall pay to the secretary of state the fees imposed by
section 111.16 of the Revised Code unless a fee is waived under
the veterans fee waiver program under sections 5903.21 to 5903.25
of the Revised Code. In the case of a certificate of division, the
filing fee shall be the same as for a certificate of merger or
consolidation.
(B) When the articles of incorporation, or a certificate of
amendment of articles, or a certificate of merger, consolidation,
conversion, division, or dissolution is filed with the secretary
of state, the secretary of state shall, if the articles or
certificate complies with this chapter, endorse approval thereon,
the date of filing, a file number, and make a legible copy thereof
by any authorized method. The original or a copy of the articles
or certificate, certified by the secretary of state, shall be
returned to the person filing the articles or certificate.
(C) All persons shall have the opportunity to acquire a copy
of the articles and other certificates filed and recorded in the
office of the secretary of state, but no person dealing with the
association shall be charged with constructive notice of the
contents of any such articles or certificates by reason of the
filing or recording.
Sec. 1746.06. (A) No business trust that has made a filing
pursuant to section 1746.04 of the Revised Code may use the words
"Incorporated," "Corporation," "Inc.," "Co.," "Partnership,"
"Ltd.," or derivatives thereof in its name.
(B) No business trust formed after the effective date of this
chapter that has made a filing pursuant to section 1746.04 of the
Revised Code shall assume the name of any corporation established
under the laws of this state, or of a corporation, firm, or
association, or trust whether or not as defined in section 1746.01
of the Revised Code, or of an individual, carrying on business in
this state at the time when the business trust is created, or
assume a name so similar thereto as to be likely to be mistaken
for it, except with the written consent of such existing
corporation, firm, association, or trust, or of such individual,
previously or concurrently filed with the secretary of state.
(C) The secretary of state shall refuse to receive for filing
the trust instrument of a business trust if it appears to the
secretary of state to have violated any provision of this section.
The courts of common pleas of this state shall have jurisdiction,
upon the application of any person interested or affected, to
enjoin a business trust from transacting business under any name
in violation of any provision of this section, notwithstanding
that the trust instrument of such business trust has been received
for filing under section 1746.04 of the Revised Code.
(D) Any person who wishes to reserve a name for a proposed
new business trust, or any business trust intending to change its
name, may submit to the secretary of state a written application
for the exclusive right to use a specified name as the name of a
business trust. If the secretary of state finds that, under this
section, the specified name is available for such use, the
secretary of state shall indorse the secretary of state's approval
upon and file such application and, from the date of such
indorsement, such applicant shall have the exclusive right for one
hundred eighty days to use the specified name as the name of a
business trust, counting the date of such indorsement as the first
of the one hundred eighty days. The right so obtained may be
transferred by the applicant or other holder thereof by the filing
in the office of the secretary of state of a written transfer
stating the name and address of the transferee. For filing any
application for the exclusive right to use a specified name under
this division, the secretary of state shall charge and collect the
fee specified in division (S)(1) of section 111.16 of the Revised
Code unless the fee is waived under the veterans fee waiver
program under sections 5903.21 to 5903.25 of the Revised Code. For
each filing of a transfer of the right to an exclusive name under
this division, the secretary of state shall charge and collect the
fee specified in division (S)(4) of section 111.16 of the Revised
Code.
(E) Any business trust that has not made the filings
described under section 1746.04 of the Revised Code may submit to
the secretary of state a written application for the exclusive
right to use a specified name as the name of such business trust.
If the secretary of state finds that, under this section, the
specified name is available for such use, the secretary of state
shall indorse the secretary of state's approval upon and file such
application and, from the date of such indorsement, such applicant
has the exclusive right to use the specified name for the period
that it transacts business. The right so obtained may be
transferred by the applicant or other holder thereof by the filing
in the office of the secretary of state of a written transfer
stating the name and address of the transferee. For filing an
application for the exclusive right to use a specified name under
this division, the secretary of state shall charge and collect the
fee specified in division (S)(1) of section 111.16 of the Revised
Code unless the fee is waived under the veterans fee waiver
program under sections 5903.21 to 5903.25 of the Revised Code.
Sec. 1782.63. (A)(1) Each limited partnership existing prior
to July 1, 1994, and each foreign limited partnership registered
pursuant to sections 1782.49 and 1782.50 of the Revised Code prior
to that date shall file, on a form prescribed by the secretary of
state, a certificate of limited partnership and an application for
registration as a foreign limited partnership, respectively, with
the secretary of state as follows:
(a) Each limited partnership with a name beginning with the
letter A, B, C, D, E, or F shall so file with the secretary of
state on or before June 30, 1995;
(b) Each limited partnership with a name beginning with the
letter G, H, I, J, K, L, or M shall so file with the secretary of
state on or before December 31, 1995;
(c) Each limited partnership with a name beginning with the
letter N, O, P, Q, R, or S shall so file with the secretary of
state on or before June 30, 1996;
(d) Each limited partnership with a name beginning with the
letter T, U, V, W, X, Y, or Z shall so file with the secretary of
state on or before December 31, 1996;
(e) If a limited partnership's name begins with a character
other than a letter of the English alphabet, the first letter of
the English alphabet that appears in the limited partnership's
name shall be considered the beginning of its name for purposes of
divisions (A)(1)(a) to (d) of this section and the limited
partnership shall so file with the secretary of state in
accordance with the applicable provision of divisions (A)(1)(a) to
(d) of this section.
(2) Any limited partnership that files a certificate of
limited partnership or an application for registration as a
foreign limited partnership is subject to the payment of filing
fees in accordance with division (G) of section 111.16 of the
Revised Code unless the fee is waived under the veterans fee
waiver program under sections 5903.21 to 5903.25 of the Revised
Code.
(3) A limited partnership that is required by divisions
(A)(1)(a) to (e) of this section to file any document with the
secretary of state and that has not done so by the time required
for the filing may not maintain any action, suit, or proceeding in
any court of this state until it has filed the required document.
The failure of a limited partnership to make the required filing
does not impair the validity of any contract or act of the limited
partnership or prevent it from defending any action, suit, or
proceeding in any court of this state. A limited partner of a
limited partnership is not liable as a general partner of the
limited partnership or otherwise liable for obligations of the
partnership solely by reason of the partnership having transacted
business in this state without making the filing required by
divisions (A)(1)(a) to (e) of this section.
(B) If a surviving domestic limited partnership that has not
filed a certificate of limited partnership pursuant to division
(A) of this section results from a merger on and after July 1,
1994, the partnership shall include a copy of its certificate of
limited partnership with its certificate of merger or
consolidation filed pursuant to section 1782.433 of the Revised
Code. Upon filing of the certificate of limited partnership in
accordance with this division, the surviving domestic limited
partnership shall be deemed to be in compliance with division (A)
of this section.
(C) A limited partnership that is formed under this chapter
or governed by this chapter pursuant to section 1782.61 of the
Revised Code and that is in existence on July 1, 1994, shall be
governed by this chapter, as amended by the act in which this
section was enacted, except that the amendments to section 1782.28
of the Revised Code made by that act and the repeal of section
1782.38 of the Revised Code by that act shall not affect the
rights of any person who extended credit to a limited partnership
prior to July 1, 1994, but only to the extent of credit extended
before such date.
(D) The amendments to this chapter made by the act in which
this section was enacted do not affect a claim, action, or
proceeding that is accrued, existing, incurred, or pending on or
before July 1, 1994, but the claim, action, or proceeding may be
asserted, enforced, prosecuted, or defended as if those amendments
had not been made.
Sec. 2305.10. (A) Except as provided in division (C) or (E)
of this section, an action based on a product liability claim and
an action for bodily injury or injuring personal property shall be
brought within two years after the cause of action accrues. Except
as provided in divisions (B)(1), (2), (3), (4), and (5) of this
section, a cause of action accrues under this division when the
injury or loss to person or property occurs.
(B)(1) For purposes of division (A) of this section, a cause
of action for bodily injury that is not described in division
(B)(2), (3), (4), or (5) of this section and that is caused by
exposure to hazardous or toxic chemicals, ethical drugs, or
ethical medical devices accrues upon the date on which the
plaintiff is informed by competent medical authority that the
plaintiff has an injury that is related to the exposure, or upon
the date on which by the exercise of reasonable diligence the
plaintiff should have known that the plaintiff has an injury that
is related to the exposure, whichever date occurs first.
(2) For purposes of division (A) of this section, a cause of
action for bodily injury caused by exposure to chromium in any of
its chemical forms accrues upon the date on which the plaintiff is
informed by competent medical authority that the plaintiff has an
injury that is related to the exposure, or upon the date on which
by the exercise of reasonable diligence the plaintiff should have
known that the plaintiff has an injury that is related to the
exposure, whichever date occurs first.
(3) For purposes of division (A) of this section, a cause of
action for bodily injury incurred by a veteran through exposure to
chemical defoliants or herbicides or other causative agents,
including agent orange, accrues upon the date on which the
plaintiff is informed by competent medical authority that the
plaintiff has an injury that is related to the exposure, or upon
the date on which by the exercise of reasonable diligence the
plaintiff should have known that the plaintiff has an injury that
is related to the exposure, whichever date occurs first.
(4) For purposes of division (A) of this section, a cause of
action for bodily injury caused by exposure to diethylstilbestrol
or other nonsteroidal synthetic estrogens, including exposure
before birth, accrues upon the date on which the plaintiff is
informed by competent medical authority that the plaintiff has an
injury that is related to the exposure, or upon the date on which
by the exercise of reasonable diligence the plaintiff should have
known that the plaintiff has an injury that is related to the
exposure, whichever date occurs first.
(5) For purposes of division (A) of this section, a cause of
action for bodily injury caused by exposure to asbestos accrues
upon the date on which the plaintiff is informed by competent
medical authority that the plaintiff has an injury that is related
to the exposure, or upon the date on which by the exercise of
reasonable diligence the plaintiff should have known that the
plaintiff has an injury that is related to the exposure, whichever
date occurs first.
(C)(1) Except as otherwise provided in divisions (C)(2), (3),
(4), (5), (6), and (7) of this section or in section 2305.19 of
the Revised Code, no cause of action based on a product liability
claim shall accrue against the manufacturer or supplier of a
product later than ten years from the date that the product was
delivered to its first purchaser or first lessee who was not
engaged in a business in which the product was used as a component
in the production, construction, creation, assembly, or rebuilding
of another product.
(2) Division (C)(1) of this section does not apply if the
manufacturer or supplier of a product engaged in fraud in regard
to information about the product and the fraud contributed to the
harm that is alleged in a product liability claim involving that
product.
(3) Division (C)(1) of this section does not bar an action
based on a product liability claim against a manufacturer or
supplier of a product who made an express, written warranty as to
the safety of the product that was for a period longer than ten
years and that, at the time of the accrual of the cause of action,
has not expired in accordance with the terms of that warranty.
(4) If the cause of action relative to a product liability
claim accrues during the ten-year period described in division
(C)(1) of this section but less than two years prior to the
expiration of that period, an action based on the product
liability claim may be commenced within two years after the cause
of action accrues.
(5) If a cause of action relative to a product liability
claim accrues during the ten-year period described in division
(C)(1) of this section and the claimant cannot commence an action
during that period due to a disability described in section
2305.16 of the Revised Code, an action based on the product
liability claim may be commenced within two years after the
disability is removed.
(6) Division (C)(1) of this section does not bar an action
for bodily injury caused by exposure to asbestos if the cause of
action that is the basis of the action accrues upon the date on
which the plaintiff is informed by competent medical authority
that the plaintiff has an injury that is related to the exposure,
or upon the date on which by the exercise of reasonable diligence
the plaintiff should have known that the plaintiff has an injury
that is related to the exposure, whichever date occurs first.
(7)(a) Division (C)(1) of this section does not bar an action
based on a product liability claim against a manufacturer or
supplier of a product if all of the following apply:
(i) The action is for bodily injury.
(ii) The product involved is a substance or device described
in division (B)(1), (2), (3), or (4) of this section.
(iii) The bodily injury results from exposure to the product
during the ten-year period described in division (C)(1) of this
section.
(b) If division (C)(7)(a) of this section applies regarding
an action, the cause of action accrues upon the date on which the
claimant is informed by competent medical authority that the
bodily injury was related to the exposure to the product, or upon
the date on which by the exercise of reasonable diligence the
claimant should have known that the bodily injury was related to
the exposure to the product, whichever date occurs first. The
action based on the product liability claim shall be commenced
within two years after the cause of action accrues and shall not
be commenced more than two years after the cause of action
accrues.
(D) This section does not create a new cause of action or
substantive legal right against any person involving a product
liability claim.
(E) An action brought by a victim of childhood sexual abuse
asserting any claim resulting from childhood sexual abuse, as
defined in section 2305.111 of the Revised Code, shall be brought
as provided in division (C) of that section.
(F) As used in this section:
(1) "Agent orange," "causative agent," and "veteran" have
Veteran" has the same meanings meaning as in section 5903.21 of
the Revised Code.
(2) "Ethical drug," "ethical medical device," "manufacturer,"
"product," "product liability claim," and "supplier" have the same
meanings as in section 2307.71 of the Revised Code.
(3) "Harm" means injury, death, or loss to person or
property.
(G) This section shall be considered to be purely remedial in
operation and shall be applied in a remedial manner in any civil
action commenced on or after April 7, 2005, in which this section
is relevant, regardless of when the cause of action accrued and
notwithstanding any other section of the Revised Code or prior
rule of law of this state, but shall not be construed to apply to
any civil action pending prior to April 7, 2005.
Sec. 4743.04. (A) The renewal of a license or other
authorization to practice a trade or profession issued under Title
XLVII of the Revised Code is subject to the provisions of section
5903.10 of the Revised Code relating to service in the armed
forces of the United States or a reserve component of the armed
forces of the United States, including the Ohio national guard or
the national guard of any other state.
(B) Continuing education requirements applicable to the
licensees under Title XLVII of the Revised Code are subject to the
provisions of section 5903.12 of the Revised Code relating to
active duty military service.
(C) A department, agency, or office of this state or of any
political subdivision of this state that issues a license or
certificate to practice a trade or profession may, pursuant to
rules adopted by the department, agency, or office, issue a
temporary license or certificate to practice the trade or
profession to a person whose spouse is on active military duty in
this state.
(D) The issuance of a license or other authorization to
practice a trade or profession issued under Title XLVII of the
Revised Code is subject to the provisions of section 5903.03 of
the Revised Code relating to service in the armed forces of the
United States or a reserve component of the armed forces of the
United States, including the Ohio national guard or the national
guard of any other state.
(E) The issuance of a license or other authorization to
practice a trade or profession issued under Title XLVII of the
Revised Code is subject to sections 5903.21 to 5903.25 of the
Revised Code relating to the veterans fee waiver program.
Sec. 5903.21. As used in sections 5902.21 to 5903.25 of the
Revised Code:
"Armed forces" means the armed forces of the United States,
including the army, navy, air force, marine corps, coast guard, or
any reserve components of those forces; the national guard of any
state; the commissioned corps of the United States public health
service; the merchant marine service during wartime; such other
service as may be designated by congress; or the Ohio organized
militia when engaged in full-time national guard duty for a period
of more than thirty days.
"Document" means articles of incorporation of a domestic
corporation, including designation of agent; articles of
organization of a limited liability company; a registration
application to become a domestic limited liability partnership; a
certificate of limited partnership; an application for the
exclusive right to use a name; an application to reserve a name
for future use; and a trade name or fictitious name registration
or report.
"License" means a license, certificate, permit, or other
authorization issued or conferred by a licensing agency under
which a recipient may operate a business within a profession or
occupation.
"Licensing agency" means any state department, division,
board, commission, agency, or other state governmental unit
authorized by the Revised Code to issue a license.
"Merchant marine" includes the United States army transport
service and the United States naval transport service.
"Veteran" means any person who has completed service in the
armed forces, including the national guard of any state, or a
reserve component of the armed forces, who has been discharged
under honorable conditions from the armed forces or who has been
transferred to the reserve with evidence of satisfactory service.
Sec. 5903.22. The department of veterans services shall
establish and maintain the veterans fee waiver program.
As a function of the program, the department shall, upon
receiving a request for verification from the secretary of state
or a licensing agency, verify for the secretary of state or
licensing agency whether or not an individual who claims a fee
waiver is eligible to receive the fee waiver. The department shall
respond to a request for verification within thirty days after
receiving the request.
Sec. 5903.23. To be eligible to receive a fee waiver under
the veterans fee waiver program, an individual shall satisfy all
of the following conditions that apply to the individual:
(A) The individual is a resident of the state;
(B) The individual is a veteran and provides documentation to
the secretary of state or licensing agency indicating the
individual is a veteran;
(C) The individual has not received previously a fee waiver
under the program;
(D) If applying for a license, the individual is applying for
an initial license; and
(E) If applying for a license, the individual is an owner of
a business and is applying for a license to operate that business.
Sec. 5903.24. (A) The secretary of state shall prescribe a
form on which an individual who is charged a fee under division
(A), (F), (G), or (S) of section 111.16 of the Revised Code may
claim a fee waiver under the veterans fee waiver program. Upon
receiving a form claiming eligibility for a fee waiver, the
secretary of state shall request the department to verify whether
the individual is eligible for a fee waiver under the program. The
secretary of state shall provide to the department the
documentation provided by the individual that indicates the
individual is a veteran.
If the department verifies the individual is eligible for a
fee waiver, the secretary of state shall waive the fee for the
document. The amount waived by the secretary of state under this
section may not exceed one hundred twenty-five dollars.
(B) A licensing agency shall provide, on its license
application or applications, an opportunity for an individual to
claim the individual is eligible to receive a fee waiver under the
veterans fee waiver program.
After receiving an application that includes a claim of
eligibility for a fee waiver, the licensing agency shall request
the department of veterans services to verify whether the
applicant is eligible for a fee waiver under the program. The
licensing agency shall provide to the department the documentation
provided by the individual that indicates the individual is a
veteran.
If the department verifies the applicant is eligible for a
fee waiver, the licensing agency shall waive the fee for the
license.
Sec. 5903.25. The department of veterans services shall
provide information on its web site about the veterans fee waiver
program. The web site shall include a list of the licenses and
documents for which a fee waiver may be used and shall state which
licensing agency to contact to receive a fee waiver for a license,
or, in the case of a document, shall direct the user to the
secretary of state.
Each licensing agency shall provide information on its web
site about the veterans fee waiver program and shall include a
list of the licenses the licensing agency issues that are eligible
for a fee waiver under the program.
The secretary of state shall provide information on its web
site about the veterans fee waiver program and shall include a
list of documents for which a fee waiver may be used under the
program.
Section 2. That existing sections 111.16, 111.17, 1703.31,
1729.12, 1746.06, 1782.63, 2305.10, and 4743.04 of the Revised
Code are hereby repealed.
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