Ohio Law

News and Announcements from the Supreme Court of Ohio and Other Governmental Entities Within the Buckeye State.

Friday, March 04, 2005

SCO Case Announcements for 3/4/05

Here is the link for the release.


Ohio Public Defender Commission Annual Report Available

The 2004 report is now available from the Commission's web site.


Ohio Court of Claims Cases Posted This Week

The following were posted to the SCO web site this week. Docket numbers that begin with "V" deal with Victim of Crime Appeals.

Post v. Ohio Dept. of Rehab. & Corr. 2004-05210-AD

Barber v. Ohio Dept. of Transp. 2004-10850-AD

Tomesek v. State Hwy. Patrol 2004-10591-AD

Deimling v. Ohio Dept. of Transp., Dist. 12 2004-10426-AD

Caltacci v. Ohio Dept. of Transp. 2004-10191-AD

Creswell v. State Hwy. Patrol 2004-10019-AD

Rolfes v. Ohio Dept. of Transp. 2004-09941-AD

Windland v. Ohio Dept. of Transp., Dist. 10 2004-09754-AD

McCoy v. Ohio Dept. of Transp. 2004-09711-AD

Roy v. Ohio Dept. of Transp. 2004-09452-AD

Elston v. Ohio Dept. of Transp. 2004-09321-AD

Karshner v. Ohio Dept. of Transp. 2004-09118-AD

Altman v. Allen Correctional Inst. 2004-08901-AD

Hillrich v. Bur. of Motor Vehicles 2004-08111-AD

Cook v. Ohio Dept. of Rehab. & Corr. 2004-07204-AD

Carollo v. Bowling Green State Univ. 2004-05961-AD

In re Lemieux V2004-60920

In re Dalton V2004-60890

In re Loch V2004-60873

In re Parks V2004-60865

In re Simmons V2004-60644

In re Massri V2004-60334

In re Peppo V2004-60164

In re Bohannon V2004-60849

In re Sparks V2004-60831

In re McGill V2002-50820


New Bill Introductions

This one is obviously a response to the situation that occurred with Choicepoint. There were only a few states that Choicepoint was required to inform about their massive data loss, California being one of them.

SB 89 PERSONAL INFORMATION Requires a state agency, person or business to contact individuals if encryped personal information about those individuals that is maintained on the computers of the agency, person, or business is obtained by unauthorized persons.


SCO Oral Argument Schedule for March 8

Tuesday, March 8

SCM Chemicals, Inc. v. Zaino, Case no. 2004-0244
State Board of Tax Appeals

Corporex Development & Dublin Suites, Inc. v. Shook, Inc., Case no. 2004-0752
10th District Court of Appeals (Franklin County)

State v. Champion, Case no. 2004-0871
8th District Court of Appeals (Cuyahoga County)

Disciplinary Counsel v. Johnson, Case no. 2004-1811
Stark County

Henderson v. Lawyers Title Insurance Co., Case no. 2004-0574
8th District Court of Appeals (Cuyahoga County)


Thursday, March 03, 2005

New Bill Introductions

A lot of action reported from the General Assembly:

SB 80 LOCAL GOVERNMENT INCENTIVES To provide financial incentives to encourage counties, townships and municipal corporations to save money through expenditure reductions and consolidation of services.

SB 81 UNEMPLOYMENT COMPENSATION To conform state law to federal requirements in the establishment of civil and criminal penalties for manipulating payroll and business transfer information to obtain lower contribution rates in the treatment of Indian tribes as employers; to establish a state disaster unemployment benefit payment to pay the first week of an individual's unemployment caused by a major disaster; to make changes involving the appeal process for claims under the unemployment compensation law and to make various changes in the administration of the unemployment compensation law.

SB 82 RESIDENCY REQUIREMENTS To generally prohibit political subdivisions from imposing residency requirements on certain employees.

SB 83 TAX CREDITS To create a property tax credit for the purchase of new manufacturing machinery and equipment and to reimburse local governments for tax revenues foregone by them as a result of the credit.

SB 84 HYBRID VEHICLE STUDY To create the Hybrid Vehicle Acquisition Study Committee for the purpose of studying the feasibility of replacing the existing state motor vehicle fleet over time with hybrid vehicles.

SB 85 BANKRUPTCY LAW To permit debtors domiciled in Ohio to exempt the same property from a bankruptcy judgment that is exempted under the federal Bankruptcy Law.

SB 86 PUBLIC EMPLOYEE POLITICAL ACTIVITIES To authorize classified employees to engage in political activities during nonworking hours, to broaden the prohibition against coercion or harassment of classified employees for political purposes, and to authorize the State Personnel Board of Review and local civil service commissions to remedy such coercion or harassment.

SB 87 HOSPICE CARE Regarding the provision of hospice care in residential care facilities.

SB 88 MEDICAL NEGLIGENCE ARBITRATION To establish a pilot program mandating arbitration for claims of medical negligence prior to the filing of a complaint and to terminate the provisions of this act ten years after the effective date of this act.

HB 90 SEAT BELT ENFORCEMENT To make a seat belt violation a primary offense that is enforceable in the same manner as any other traffic offense.

HB 91 CONCEALED WEAPONS To authorize a person to carry a concealed handgun without obtaining a license to the same extent as if the person had obtained such a license if the person qualifies for a concealed carry license and is legally permitted to purchase a handgun; to remove the requirements that a concealed carry licensee must be carrying the license in order to carry a concealed handgun, must inform approaching law enforcement officers that the person has a license and is carrying the handgun when the person is carrying a concealed handgun, and must submit a new or renewed competency certification when renewing the license; to eliminate as premises in which a concealed carry licensee may not carry a concealed handgun public or private institutions of higher education, places of worship, day-care centers and homes, and government buildings other than schools, courthouses, law enforcement offices, and correctional facilities; to replace the prohibitions that apply only to a concealed carry licensee who is carrying a handgun in a motor vehicle with a prohibition against a licensee who is in a motor vehicle that is stopped by a law enforcement officer knowingly menacing or threatening an officer with a loaded handgun or knowingly pointing a loaded handgun at an officer; to remove the "in plain sight or secure encasement" criterion that a concealed carry licensee must satisfy to legally possess a handgun in a motor vehicle; to provide a self-defense exemption from the prohibitions against discharging a firearm in or on a vessel or motor vehicle; and to repeal the "Journalist exception" to the provision that otherwise makes confidential the records a sheriff possesses regarding concealed handgun licenses and applications for such licenses.

HB 92 FLOOD TAX EXTENSION To grant to owners of properties that have been damaged by floods an extension of time in which to pay taxes charged against the property.

HB 93 MEDICAID AUDITS Regarding audits of Medicaid providers and a performance audit of the Medicaid program.

HB 94 TAX EXEMPTION To exempt from the sales tax massage therapy that is provided by an individual who holds a certificate to practice massage therapy.

HB 95 VIOLENT OFFENDER SENTENCES Relative to the sentences imposed on repeat violent offenders and the appeal of repeat violent offender sentences.

HB 96 CRIMINAL TRESPASS To create the offense of criminal trespass on a place of public amusement.

HB 97 SAFE HAVEN MONTH To designate March as "2nd Chance of Life: Saving Babies, Supporting Families Month."

HB 98 ASSAULT PENALTIES To increase the penalty for assault when the victim is performing services in an emergency facility.

HB 99 EPHEDRINE SALES To impose restrictions on the sale of ephedrine, phenylpropanolamine, and pseudoephedrine products; to provide that a child exposed to methamphetamine or the "manufacture of drugs" involving methamphetamine or to a specified amount of an ephedrine, phenylpropanolamine, or pseudoephedrine product or "illegal assembly or possession of chemicals for the manufacture of drugs" involving such a product is an abused child; to expand the offense of "endangering children"; to specifically include in the offense of "illegal assembly or possession of chemicals for the manufacture of drugs" the assembly or possession of any such product to manufacture methamphetamine or any other schedule I or II controlled substance and provide what constitutes prima-facie evidence of intent to use the product to commit that offense; and to require retailers, terminal distributors of dangerous drugs, pharmacies, prescribers, and wholesalers to report the theft or significant loss of more than six grams of any ephedrine, phenylpropanolamine, or pseudoephedrine product or products.

HB 100 SOLID WASTE FEES To authorize a solid waste management district to exempt automotive shredder residue from the district's generation fee.

HB 101 PUBLIC MEETING NOTICE To create the Local Government Public Notice Task Force to study local government public notice requirements and to issue a report including recommendations for meeting those requirements in economic and efficient alternative ways.

HB 102 PARENTAGE ESTABLISHMENT To clarify the parentage of children born as a result of embryo donation.

HB 103 INCOME TAX EXCLUSION To exclude from adjusted gross income for income tax purposes interest from deposits in certain bank accounts.

HB 104 PERSONAL INFORMATION RELEASE To require a state agency, person, or business to contact individuals if unencrypted personal information about those individuals that is maintained on the computers of the agency, person, or business is obtained by unauthorized persons.

HB 105 PHYSICAL EDUCATION STANDARDS To require the State Board of Education to adopt the standards developed by the National Association for Sport and Physical Education for physical education in grades kindergarten through twelve and to require that any revisions to the standards be approved by concurrent resolution of the General Assembly.

HB 106 MUNICIPAL REFERENDUM PETITIONS To increase the number of signatures needed on a municipal referendum petition, to permit persons who sign a municipal referendum petition to remove their names from that petition within eight days after the petition is filed, and to permit the circulator of a municipal referendum petition from which names have been removed to amend the statement identifying the number of signatures on the petition.

HB 107 TEACHER EDUCATION STANDARDS To require the State Board of Education to adopt standards that require the curricula of teacher preparation programs to be aligned with the state academic content standards and with the value-added progress dimension developed by the Department of Education.

HB 108 VICTIM'S RIGHTS LAW To allow certain victims of an accident proximately caused by a person committing OVI to receive the rights of a victim under the Victim's Rights Law.

HB 109 TAX EQUALIZATION To specify how new or destroyed property is to be accounted for in the equalization of real property assessments.

HB 110 TEACHING STAFF REDUCTIONS To permit all school districts and educational service centers to reduce the number of teaching employees for financial reasons and to expand the reasons for which noncivil service school districts and educational service centers may reduce the number of nonteaching employees.

HB 111 PUBLIC MEDICAL ASSISTANCE REPORTS To require applicants for CHIP, Disability Medical Assistance, and Medicaid to provide information about their employers and to require an annual report identifying the employers.

HB 112 DRUG COMPANY PROMOTION ACTIVITIES To require manufacturers and labelers of dangerous drugs to disclose to the Director of Health the value, nature, and purpose of certain gifts, fees, payments, subsidies, and other economic benefits they provide in connection with pharmaceutical detailing, marketing, or promotion.

HB 113 REAL ESTATE LICENSING/HIGH SCHOOL ECONOMICS To prohibit registration of an applicant as a mortgage broker or loan officer, certification or licensure of an applicant as a real estate appraiser, or registration as a real estate appraiser assistant if a national criminal background check shows that the applicant has committed specified criminal offenses, to prohibit the appraisal of real estate without state certification or licensure, to prohibit a person knowingly affecting the independent judgment of an appraiser as to a dwelling's value; and to require that every high school include in the requirements for graduation instruction in personal economics.


Supreme Court of Ohio Case Announcements and Administrative Actions for March 2, 2005

Aside from the opinions mentioned in a post from yesterday, this document was also posted by the court.


AG: No Native American Casinos in Ohio

In a press release dated March 2, Ohio Attorney General Jim Petro stated that any Native American tribe that wishes to establish casino gambling here will face many legal obstacles and a very long, arduous and expensive process. Petro voiced his "personal opposition to the further expansion of gambling in Ohio." The release named some of the legal obstacles that the tribes faced:

Obtaining federal recognition as an Ohio Indian tribe;
Establishing “Indian lands” in Ohio;
Changing Ohio’s Constitution to permit all forms of Class III gambling; and
Negotiating a compact with the State of Ohio that would have to be approved by both the Governor and the General Assembly.


Newest AG Opinion Deals With DNA Evidence Retention

Issued March 1, AG Opinion 2005-009 answers questions put forth by the Greene County Prosecuting Attorney concerning the retention of DNA samples in criminal cases.


Wednesday, March 02, 2005

New Decisions From Supreme Court of Ohio

2003-0433 through 2003-0445. DAK, PLL v. Franklin Cty. Bd. of Revision, 2005-Ohio-573.
Board of Tax Appeals, Nos. 2002-A-1933 through 2002-A-1945. Decisions affirmed.
Moyer, C.J., Resnick, Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur.
Pfeifer, J., concurs in judgment only.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-573.pdf

2004-0664. Evans v. Wallen, 2005-Ohio-571.
Montgomery App. No. 20171, 2004-Ohio-1166. Judgment reversed and cause remanded.
Moyer, C.J., Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur.
Resnick and Pfeifer, JJ., dissent.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-571.pdf

2004-0675. State ex rel. Arce v. Indus. Comm., 2005-Ohio-572.
Franklin App. No. 03AP-595, 2004-Ohio-1277. Judgment affirmed.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-572.pdf

2004-1396. Borger v. Utica Mut. Ins. Co., 2005-Ohio-570.
Montgomery App. No. 20213, 2004-Ohio-3782. Judgment reversed.
Moyer, C.J., Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur.
Resnick and Pfeifer, JJ., dissent.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-570.pdf

2004-1495. Motorists Mut. Ins. Co. v. Hohman, 2005-Ohio-569.
Shelby App. No. 17-04-03 , 2004-Ohio-3899. Judgment reversed.
Moyer, C.J., Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur.
Resnick and Pfeifer, JJ., dissent.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-569.pdf


What's In A Name?

Justice Paul Pfeifer's most recent column dealt with the the trials of tribulations of one Scott Ronald Miller. Mr. Miller decided his name wasn't good enough to get elected in Cuyahoga County and changed it to Scott Russo Miller. Justice Pfeifer comments on the backstory related to State ex rel. Miller v. Cuyahoga Cty. Bd. of Elections.


Stats For First Year of Concealed Carry Law

Ohio sheriffs issued more than 45,000 licenses to carry concealed handguns since April 8, 2004 when the state law went into effect, according to the first annual licensing report issued by Attorney General Jim Petro.


Tuesday, March 01, 2005

Columbus Smoking Ban Goes to Ballot Again

This time, however, bar owners see a possible win at the ballot box. In a change from the current all-or-nothing ban, voters can exempt bars where alcohol makes up 65% of total sales. I think a compromise is a good idea, but I would have made it 80%. It won't affect any place I would actually choose to frequent, however.


Oil and Natural Gas Taxation Rates Established

In the category of "if you can figure out what this means, more power to ya," here goes:

The Ohio Tax Commissioner has established rates to be used in valuing oil and natural gas deposits for Ohio property tax purposes for the 2005 tax year. The average daily production allotment for oil wells producing one barrel or more per day is increased to $2,380 (formerly, $2,150) per barrel, and the allotment for oil wells producing less than one barrel per day is increased to $1,430 (formerly, $1,290) per barrel. The average daily production allotment for natural gas wells producing eight measured cubic feet (MCF) or more is increased to $410 (formerly, $360) per MCF, while the allotment for natural gas wells producing less than eight MCF is increased to $205 (formerly, $180) per MCF.

Entry of the Tax Commissioner, No. 05-02-0075, Ohio Department of Taxation, February 14, 2005


Monday, February 28, 2005

Another Unintended Consequence of State Issue 1

First we had someone using the amendment to get out of domestic violence charges. Now, Ohio News Network reports that Gay Mom Fights Child Visitation For Ex. The Mom will be going to court today in an attempt to have a judge void a shared parenting agreement and keep her former partner from seeing her child.


Bill Introductions

SB 78 PRIMARY ELECTION DATES To require primary elections, including those held in presidential election years, to be held on the first Tuesday after the first Monday in May.

HB 89 PRESCRIPTION DRUG PRICES To require retail sellers of prescription drugs to disclose price information to consumers.


Case Summaries for this week's Oral Arguments

Click here for summaries of cases to be argued this week before the Supreme Court of Ohio.