Ohio Law

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

Friday, March 11, 2005

Bill Introductions From the Ohio House

HB 120 OPF COST OF LIVING To increase the cost of living allowance for certain Ohio Police and Fire Pension Fund members to $600 per year.

HB 121 CALAMITY DAYS To permit school districts and nonpublic schools to count time that schools are in session beyond the required minimum number of hours in order to make up "calamity days" missed during the 2004-2005 school year in excess of the number of days permitted by law and the number of days specified in their contingency plans, and to declare an emergency.

HB 122 LOTTERY PRIZES To prohibit the claiming and payment of a lottery prize award with a value in excess of $599 until the beneficial owner's name, address, and Social Security number are disclosed to the State Lottery Commission.

HB 123 TAX LAWS To revise the corporation franchise tax law by lowering tax rates, adding alternative minimum tax bases, expanding add-backs for expenses paid to related companies, adding a sales factor "throwback," eliminating future net operating loss deductions, requiring "water's edge" combined tax reporting, eliminating the implied deduction for taxes paid to other jurisdictions, increasing the maximum tax computed on a net worth basis, expressly narrowing the net worth exclusion for financial institutions relative to appreciation, clarifying the pass-through entity withholding tax base, requiring corporate taxpayers to disclose certain tax-related information, and eliminating several credits and to eliminate corresponding personal income tax credits for business owners.

HB 124 TAX AVOIDANCE To require taxpayers using abusive tax avoidance transactions, and organizers of such transactions, to disclose such transactions; to create a permanent voluntary taxpayer disclosure program whereby certain classes of taxpayers disclose outstanding liabilities in exchange for waiver of some penalties; to require the Tax Commissioner to conduct a temporary voluntary disclosure initiative whereby taxpayers may disclose abusive tax avoidance transactions in exchange for waiver of penalties; and to repeal Section 3 of this act one year after the initiative it provides closes.

HB 125 ELECTION LAWS To require that the declaration of candidacy and petition or the nominating petition for a candidate for municipal court judge or clerk be signed by at least fifty electors of the territory of the court; that the declaration of candidacy and petition for a partisan candidate for municipal court judge or clerk be filed by the 75th day before the primary election or, in the year of a presidential primary election, the 60th day before the primary election; and that the nominating petition for a nonpartisan candidate for municipal court judge or clerk be filed by the day before the primary election.

HB 126 VEHICLE REGISTRATION To provide that the owner of a motor vehicle that is removed from a public road may be prevented from registering any vehicle or obtaining a driver's license until the towing and storage fees on the vehicle removed are paid.

HB 127 TAX CREDIT To create a refundable tax credit for nurses who teach nursing at post-secondary educational institutions and to declare an emergency.

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SCO Case Announcements for March 10, 11

Here is the link for March 10.

Here is the link for March 11.

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Thursday, March 10, 2005

New Bill Introductions

SB 103 EMPLOYER INFORMATION To require applicants for CHIP, Disability Medical Assistance, and Medicaid to provide information about their employers, to require hospitals to gather employer information from patients who receive treatment under the Hospital Care Assurance Program, and to require an annual report identifying the employers.

SB 104 TAX CREDITS To create a refundable tax credit for nurses who teach nursing at post-secondary educational institutions.

SB 105 NURSE OVERTIME To prohibit hospitals from requiring registered nurses and licensed practical nurses to work overtime.

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Transportation, Terror Bills Get Senate Nod

The Ohio Senate approved legislation yesterday (HB 68) by a 31-1 count that appropriates $5.6 billion to fund the operations of the departments of transportation and public safety for the upcoming biennium.

Senators also granted unanimous approval to "Ohio's Patriot Act" (SB 9) that institutes a package of "anti-terrorism" proposals.

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President Bush Reiterates Support for Clean Coal Technology

In remarks yesterday in Columbus, Ohio, President George W. Bush continued his support for clean coal technology:

That's why clean coal technology is critical to the future of this country. It's critical to the future of the state. It's critical for the job creators of your state. It's critical for the working people of your state. It's critical for this country.

When I ran for President in 2000, I pledged to invest $2 billion over 10 years to promote research into clean coal technologies. I kept my promise. My budget for 2006 brings clean coal funding to $1.6 billion over five years, and that puts us on pace to exceed my pledge by more than 50 percent. It's an important pledge, because I believe by utilizing the brains of America, like those I met at Battelle, we can come up with ways to burn coal cleanly.

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PUCO to Look More Closely at SBC/ATT Merger

The Public Utilities Commission of Ohio suspended their automatic approval process for utility mergers, saying a more detailed review of a proposed merger of SBC and AT&T is needed.

The order issued yesterday indicated that PUCO would determine at a later time the issues that will be reviewed and that they have suspended discovery on the application.

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Wednesday, March 09, 2005

New Bill Introductions

SB 90 HEALTH CARE DEPARTMENT To create the Department of Health Care Administration and to transfer administration of the Medicaid Program, Hospital Care Assurance Program, and Children's Health Insurance Program Parts I and II from the Department of Job and Family Services to the Department of Health Care Administration, and to make an appropriation.

SB 91 HEALTH CARE DEPARTMENT To create the Department of Health Care Administration and to transfer administration of the Medicaid Program, Hospital Care Assurance Program, and Children's Health Insurance Program Parts I and II from the Department of Job and Family Services to the Department of Health Care Administration, and to make an appropriation.

SB 92 MEDICAID REIMBURSEMENT RATES To set the reimbursement rate under Medicaid for hearing aids.

SB 93 DIABETES CHECK-OFF To allow taxpayers to make contributions to the American Diabetes Association through their income tax returns.

SB 94 TELEMEDICINE Regarding the provision of, and coverage for, telemedicine services.

SB 95 SCHOOL FOOD SALES To establish nutritional standards for food sold to students in public elementary schools and to prohibit the sale of certain beverages to students in all public schools except under specified conditions.

SB 96 CIGARETTE TAX To increase the cigarette tax by 75 cents per pack and to devote part of the increased revenue to the Tobacco Use Prevention and Control Endowment Fund.

SB 97 DRUG TREATMENT Relative to treatment for certain drug offenders and to make an appropriation.

SB 98 ALTERNATIVE HEALTH CARE Regarding provision of complementary or alternative health care services.

SB 99 AUCTION LAW To exclude persons who sell their own real or personal property by means of the Internet from having to obtain a license under the Auctioneers Law, to require persons to obtain auction firm licenses for taking and advertising personal property on consignment for sale by means of the Internet, and to declare an emergency.

SB 100 REGIONAL DEVELOPMENT FUND To establish twelve Regional Development Boards throughout the state and to create the Regional Development Revolving Loan Fund program.

SB 101 ELECTION LAWS To revise the Election Law.

SB 102 STATE ELECTION BOARD To establish the State Board of Elections to administer elections conducted in this state.

HB 114 SCHOOL CALAMITY DAYS To permit certain school districts and nonpublic schools located in areas flooded during the 2004-2005 school year to count time that schools are in session beyond the required minimum number of hours in order to make up "calamity days" missed in excess of the number of days permitted by law and the number of days specified in their contingency plans, and to declare an emergency.

HB 115 EDUCATIONAL REGIONAL SERVICE SYSTEM To establish the Educational Regional Service System and the EMIS Advisory Board.

HB 116 SCHOOL FACILITIES CONTRACTS To require the board of education of each school district undertaking a school building construction project valued over $25,000 to award the contract for that project only to the lowest responsible Ohio-based bidder or by board option to the lowest responsive and responsible Ohio-based bidder and to require school districts and the Ohio School Facilities Commission to contract with Ohio-based persons when contracting for professional services in support of school district construction projects.

HB 117 ALTERNATIVE HEALTH CARE Regarding provision of complementary or alternative health care services.

HB 118 SEX OFFENDER REGISTRATION To prohibit a person who is required to register under the Sex Offender Registration and Notification Law from residing within 1000 feet of any preschool premises; to provide for injunctive relief for a violation of that prohibition; to prohibit a tenant of residential premises from allowing such a person to occupy those premises; and to permit a landlord to terminate the rental agreement of, or to evict, a tenant who violates that prohibition.

HB 119 LAKE ERIE DRILLING To ban the taking or removal of oil or natural gas from and under the bed of Lake Erie.


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Ohio Senate Journals Now Available Online

The Ohio Senate has joined it's colleagues from the House in offering its official journal on the General Assembly web site. The Senate journals date back to January of this year while the House journals date back to January 2003. Here is the disclaimer from the site:

"The online versions of journals provided on this website are NOT official. The official version of journals are available from the LSC Bill Room located at the north end of the Ground Floor of the Statehouse. An attempt was made to recreate the journals of 2003 from historic documents, and while not intentional, during this process some errors in formatting and content may have been introduced."

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Ohio Board of Tax Appeals Decisions 3/4/2005

Here is a link to the weekly announcement.

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SCO Oral Argument Schedule for 3/9/05

WEDNESDAY

March 9

9 a.m.

04-0757 Pamela S. MacMillan v. Flow Polymers, Inc., et al.

04-0783 Portage County Board of Commissioners et al. v. City of Akron v.
City of Ravenna

04-0892 City of Fostoria v. Ohio Patrolmen's Benevolent Assn.
and Louanne K.Grine

04-1812 Disciplinary Counsel v. Darrell Wendell Holland

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SCO Case Announcements and Administrative Actions - March 8, 2005

Here is the release.

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Tuesday, March 08, 2005

Panel May Recommend Formation of Special Medical Malpractice Court

From Gongwer News Service:

A panel reviewing medical malpractice issues appears poised to recommend that the Supreme Court of Ohio create or designate, on a pilot basis, a specialized court to handle malpractice claims.

The likely recommendation, discussed Monday by the Ohio Medical Malpractice Commission, drew support from the panel's medical professionals and plaintiffs' attorneys.

Panel members agreed that a specialized court could process claims more quickly before judges who are better able to specialize on related issues. Judges specializing in medical malpractice cases, commission members said, also could help resolve disputes arising out during the discovery process and could likely rule more quickly on motion requests.

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Supreme Court of Ohio to Host Ukrainian Delegation

The Supreme Court of Ohio will host 10 Ukrainian delegates for a four-day visit that will allow Ohioans and Ukrainians to share ideas about the rule of law and the democratic electoral processes in both countries.

The visit begins today at 8am when Chief Justice Thomas Moyer and other Justices welcome the dignitaries with a traditional bread and salt ceremony. As the host, Chief Justice Moyer will offer his guests bread, which represents hospitality, and salt, which symbolizes eternal friendship.

Here is a link to the full press release.

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AG Releases Guidance for Charities Conducting Games of Chance

Ohio Attorney General keeps churning out those press releases. The latest deals with guidelines for charitable organizations, law enforcement and the public about the legal requirements for conducting charitable fundraisers such as “Texas Hold’em” tournaments, “Las Vegas Nights” and other events where games of chance are played. Here is a link to the policy document.

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Monday, March 07, 2005

SCO Case Announcements & Administrative Actions

Here is the release for March 7, 2005.

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President Bush Visiting Columbus on Wednesday

President George W. Bush will be in Columbus next Wednesday to tour the Battelle Memorial Institute and make remarks on energy policy issues, the White House announced Friday.

The president's scheduled visit will be his 36th trip to the state since taking office in 2001.

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Latest Column From Justice Pfeifer

This column, dated March 2, 2005, deals with the subject of jury selection.

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This Week's Ohio Court of Claims Calendar

Click here for the latest.

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Latest Board of Tax Appeals Weekly Announcement

MERIT DOCKET

2003-G-663 Strongsville Board of Education and City of Strongsville vs. Cuyahoga County Board of Revision, Cuyahoga County Auditor, and Pearl Drake, LLC. Real Property Tax. Value found. Board members concur.

2003-B-1227 Daystar Properties, Inc. v. Hamilton County Board of Revision, the Hamilton County Auditor, and Cincinnati School District Board of Education. Real Property Tax. Value found. Board members concur.

2003-J-1335 Northwest Local School District Board of Education v. Hamilton County Board of Revision, Hamilton County Auditor and, Goldcrest Apartments, Ltd., L.P., and Twenty-Twenty, L.P. Real Property Tax. Remanded to the BOR. Board members concur.

2003-R-1580 Donald B. Doyle v. Hamilton County Board of Revision, and Hamilton County Auditor. Real Property Tax. Value found. Board members concur.

2004-G-135 Craig A. Williams v. Thomas M. Zaino, Tax Commissioner of Ohio. Sales Tax. Tax Commissioner affirmed. Board members concur.

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