Ohio Law

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

Friday, April 15, 2005

New Bill Introductions

HB 197 HOSPITAL INFORMATION (Raussen) To revise the law governing information hospitals are to provide to the Department of Health and the public. Am., En. & Rep. 3727.12, 3727.15, and 3727.16; to amend for the purpose of adopting new section numbers as indicated in parentheses sections 3727.12 (3727.43), 3727.121 (3727.45), 3727.15 (3727.41), and 3727.16 (3727.48); to enact sections 3727.30, 3727.31, 3727.32, 3727.33, 3727.34, 3727.35, 3727.36, 3727.37, 3727.38, 3727.39, 3727.40, 3727.42, 3727.44, 3727.46, and 3727.47, 3727.11, 3727.13 & 3727.14 Full Text

HB 198 GLASS TECHNICIANS (Blessing) To regulate glass technicians and create the State Board of Glass Technicians. En. 4783.01 to 4783.11 & 4783.99 Full Text

HB 199 SERVICE ACCREDITATION (Trakas) To require that the Departments of Job and Family Services, Mental Retardation and Developmental Disabilities, Mental Health, and Alcohol and Drug Addiction Services and other departments implement procedures for accepting private accreditation for purposes of licensing and certifying facilities, programs, and services and to require that the departments accept financial audits completed in accordance with governmental auditing standards established by the Auditor of State. Am. & En. 117.19 & 121.35 Full Text


U.S. House Passes Comprehensive Bankruptcy Bill

From Fox News:

A 302-126 vote by the House sent the legislation to President Bush, who said he was eager to sign the measure, the biggest rewrite of the bankruptcy code in a quarter-century.

After eight years of strenuous efforts by congressional backers, banks and credit card companies, the legislation was catapulted toward enactment starting earlier this year. The legislation, which garnered some Democratic votes, cleared the Senate last month on a 74-25 vote.

The measure would require people with incomes above a certain level to pay credit-card charges, medical bills and other obligations under a court-ordered bankruptcy plan.

Here is a link to the latest version of the bill (S. 256) from GPO Access:

Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (Reported in House)


Thursday, April 14, 2005

Cincinnati Adopts Smoking Ban...

...but it exempts restaurants, bars, bowling alleys, and other small businesses. OK, what's the point of that? Maybe the powers-that-be felt that the city would lose the smoking/bar money to the folks in Kentucky? I thought that the smoking bans were supposedly a health issue dealing with the workers in bars, restaurants and the like.

Here's a link to a story from the Cincinnati Enquirer.


Blackwell: You Now Have a Choice

From Gongwer News Service:

Ohio Secretary of State J. Kenneth Blackwell today lifted an order that would have required all county election boards to replace their current voting systems with precinct-count optical scan devices. Election Boards now have the option of switching to touch-screen voting machines with voter verified paper audit trails (VVPAT). Diebold Election Systems is the first Ohio-approved vendor to meet federal and state requirements for VVPATs. Negotiations with the company brought the price of touch screens to within the state's available federal funding. Counties have until May 24th to either reconfirm their selection of optical scan machines or choose the Direct Recording Electronic devices.


New Bill Introductions

SB 122 TRIO PROGRAM FUNDING (Miller, R.) To make an appropriation for the provision of state matching funds for federal TRIO programs at Ohio institutions of higher education for the FY 2006-2007 biennium. Full Text

SB 123 COCAINE DEFINITION (Miller, R.) To eliminate the distinction between powdered cocaine and crack cocaine in the Drug Abuse Law. Am. 2925.01, 2925.03, 2925.05, 2925.11 & 2929.01 Full Text

SB 124 SUNSET REVIEW EXEMPTIONS (Spada) To exempt ten state governmental entities from the operation of the Sunset Review Law, to change the membership of the Ohio Subrogation Rights Commission and accelerate its commencement date, to confirm the sunset review and related amendments, enactments, and repeals of Am.Sub.HB516 of the 125th General Assembly, and to declare an emergency. Am. 101.23, 101.82, 101.83, 101.84, 101.85, 101.86, 122.011, 122.40, 123.151, 149.56, 307.674, 340.02, 1501.04, 1502.04, 1502.05, 1502.11, 1502.12, 1506.30, 1506.34, 1506.35, 1517.02, 1517.23, 1518.01, 1518.03, 1551.35, 2323.44, 3358.10, 3375.61, 3375.62, 3383.01, 3383.02, 3383.03, 3383.04, 3383.05, 3383.06, 3383.07, 3383.08, 3383.09, 3746.09, 3746.35, 3747.02, 3748.01, 3748.02, 3748.04, 3748.05, 3748.16, 3929.482, 3929.85, 3931.01, 3955.05, 3960.06, 4117.01, 4121.442, 4167.09, 4167.25, 4167.27, 4731.143, 4741.03, 4755.481, 4981.03, 5123.35 & 5123.352 Full Text

SB 125 JUVENILE DETENTION FACILITIES (Schuring) To authorize joint county juvenile detention facility districts to enter into agreements with the several boards of county commissioners providing for the financing of juvenile detention facility improvements. Am. 2151.655 and En. 133.152 Full Text


Supreme Court of Ohio Case Announcements and Administrative Actions - 4/14/2005

Here is the link.


Wednesday, April 13, 2005

New Bill Introductions

SB 121 BRIDGE NAMING (Hottinger) Designates a bridge on State Route 13 in Licking County as the "K.I.A. Memorial Bridge" and to declare an emergency. En. 5533.321 Full Text

HB 190 PARK FEES (Cassell) To prohibit the Division of Parks and Recreation in the Department of Natural Resources from adopting rules establishing a fee for parking a motor vehicle in a state park or for admission to a state park and to declare an emergency. Am. 1541.03 Full Text

HB 191 SEX OFFENDER REGISTRATION (DeGeeter) To make a violation of the prohibition under the Sex Offender Registration and Notification Law against certain offenders residing within 1,000 feet of any school premises a felony of the fifth degree. Am. 2950.99 Full Text

HB 192 SINGLE LICENSE PLATE (DeGeeter) To require that motor vehicles carry only one license plate, to be displayed on the rear of the vehicle. Am. 4503.181, 4503.19, 4503.21, 4503.23 & 4549.23 Full Text

HB 193 GROUP LIFE INSURANCE (Daniels) To permit the sale of group life insurance to specified groups and provide the Superintendent of Insurance with the discretion to authorize the sale of group life insurance to additional groups. Am. & En. 9.9, 3917.01, 3917.02, 3917.03, 3917.06 & 3917.07 Full Text

HB 194 PRIMARY ELECTION DATE (Kearns) To require primary elections, including those held in presidential election years, to be held on the first Tuesday after the first Monday in May. Am. 511.27, 1545.21, 1901.07, 3501.01, 3501.02, 3501.17, 3503.16, 3505.01, 3505.32, 3509.01, 3509.03, 3509.05, 3511.02, 3511.04, 3511.11, 3513.05, 3513.12, 3513.121, 3513.151, 3513.262, 3513.30 & 5705.23 Full Text

HB 195 PURPLE HEART TRAIL (Kearns) To designate Interstate Routes 70 and 71 as the "Purple Heart Trail." Am. 5533.09 Full Text

HB 196 NURSE HOSPITAL ADMISSIONS (Kearns) To allow advanced practice nurses to make hospital admissions. Am. 3727.06 Full Text


Supreme Court of Ohio Case Announcements and Administrative Actions - 4/13/2005

Here is the link for the 15-page document.


Supreme Court of Ohio Decisions Posted on 4/13/2005

Wednesday, April 13, 2005

2002-2032. State v. Brinkley, 2005-Ohio-1507.
Lucas C.P. No. CR00-2826. Judgment affirmed.
Moyer, C.J., Resnick, Lundberg Stratton, O'Connor, O'Donnell and Slaby, JJ., concur.
Pfeifer, J., concurs in part and dissents in part.
Lynn C. Slaby, J., of the Ninth Appellate District, sitting for Lanzinger, J.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-1507.pdf
Summary: Death Sentence in Toledo Killing Affirmed

2004-0105. State ex rel. Leslie v. Ohio Hous. Fin. Agency, 2005-Ohio-1508.
Franklin App. No. 02AP-1147, 2003-Ohio-6560. Judgment affirmed in part and reversed in part.
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-1508.pdf
Summary: Court Upholds Attorney-Client Privilege Between State Officials, In-House Lawyers

2004-1331. State ex rel. Mora v. Wilkinson, 2005-Ohio-1509.
Wayne App. No. 03-CA-0062. 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-1509.pdf


Tuesday, April 12, 2005

Supreme Court of Ohio Announcements for 4/12/2005

Here is the link.


A New Blawg From Cleveland

The Cleveland Law Library Association, by chance one of my old employers, has just gone live with a new web log. Their goal? To "inform local attorneys of major legal developments important to their practice." One of their latest posts deals with the City of Cleveland's retrictions on "community entertainment districts" with links to the Cleveland City Record. Good stuff.


Latest Board of Tax Appeals Decisions

From the 4/8/2005 Weekly Announcement:

2004-M-587 Doraine Toms v. Ottawa County Board of Revision, the Ottawa County Auditor, and Put-In-Bay Local School District Board of Education. Real Property Tax. Value found. Board members concur.

2004-G-673 Paula A. Greene v. Licking County Board of Revision and Licking County Auditor. Real Property Tax. Dismissed--lack of jurisdiction. Board members concur.

2004-A-810 Jack L. Patrick v. Stark County Board of Revision and Stark County Auditor. Real Property Tax. Remanded with instructions. Board members concur.

2004-T-849 South Euclid-Lyndhurst City School District Board of Education v. Cuyahoga County Board of Revision, Cuyahoga County Auditor, and Victoria S. Whitmore. Real Property Tax. Value found. Board members concur.

2004-T-1088 Alvin Stockhaus, Jr. v. Cuyahoga County Board of Revision and the Cuyahoga County Auditor. Real Property Tax. Dismissed--lack of jurisdiction. Board members concur.

2005-V-54 Basil Grimes Post 222, American Legion v. Perry County Board of Revision and the Perry County Auditor. Real Property Tax. Remanded with instructions. Board members concur.


Monday, April 11, 2005

State Auditor Declares Fiscal Watch for One School District, Fiscal Emergency for Another

State Auditor Betty Montgomery has declared a fiscal watch for Cuyahoga Falls City School District (audit report), and a fiscal emergency for Shelby City School District (audit report).

There were also a number of school audit reports released 4/7/2005, and they can be found here.