Supreme Court of Ohio Case Announcements and Administrative Actions

Two posts today. First is ten pages long, second is the official announcement of the results of the February 2005 bar exam. 62% overall pass rate for the latter, 74% for first-timers.

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New Bill Introductions

SB 128 BUTLER COUNTY COURT To add one additional judge for the general division of the Butler County Court of Common Pleas to be elected in 2006. Am. 2301.02 Full Text

SB 129 COMMUNITY SCHOOLS To extend the statewide cap on the number of community schools sponsored by entities other than the school districts in which they would be located, to create the Joint Study Committee on Ohio's Community Schools, and to make changes to the Community Schools Law. Am. & En. 3314.013, 3314.17 & 3314.18 Full Text

SB 130 NUTRITION/HYDRATION To provide that if the guardian, spouse, adult children, parents, adult sibling, or majority of the adult siblings of an adult patient in a permanently unconscious state disagree with a consent to the withholding or withdrawal of nutrition and hydration in connection with the patient and present some evidence that the decision is not consistent with the previously expressed intention of the patient the court must prohibit the attending physician from withholding or withdrawing nutrition and hydration in connection with the patient, to provide that if less than a majority of such a patient's adult siblings, the patient's grandparents, the nearest adult who is related to the patient by blood or adoption or, in certain circumstances, the guardian, spouse, adult children, parents, adult sibling, or majority of adult siblings of the patient disagrees with a decision of the priority individual to consent to the withholding or withdrawal of nutrition and hydration of such a patient, the court must appoint a physician to examine the patient and may only consider the determination of that physician and the physicians hired by either party if applicable in determining whether nutrition and hydration should be withdrawn or withheld, to include the patient's grandparents in the list of priority individuals who may consent to withhold or withdraw life-sustaining treatment, and to allow the attorney general or the prosecuting attorney to file an action or intervene to present evidence and argue that a decision to withhold or withdraw life-sustaining treatment or nutrition and hydration is not consistent with the law. Am. 2133.08, 2133.09 & 2133.15 Full Text

SB 131 SUNDAY LIQUOR SALES To authorize certain Sunday liquor sales to begin at 11 a.m. even if these sales previously were approved by the voters to commence at 1 p.m., to change from 1 p.m. to 11 a.m. the time at which Sunday liquor sales may start as specified in certain local option questions submitted to the voters, to prohibit the sale, offering for sale, purchase, and use of alcohol vaporizing devices, and to allow opened bottles of wine that are purchased at restaurants to be transported in vehicles under certain conditions. Am. 4301.333, 4301.334, 4301.351, 4301.354, 4301.355, 4301.356, 4301.361, 4301.364, 4301.365, 4301.366, 4301.62, 4301.99 & 4303.182 and En. 4301.65 Full Text

SB 132 SPORTS/HEALTH OFFICIAL ASSAULT To increase the penalty for assaults on sports officials and health care professionals and health care workers providing health care services in a health care facility or location. Am. 2903.13 Full Text

SB 133 POLITICAL PARTY STRUCTURE To permit the county central committee of a major political party to be comprised of members representing combinations of election precincts, city wards, villages, and townships, as determined by the outgoing committee, and to require a township zoning referendum to be voted upon at a special election to be held on the day of the next primary or general election that occurs at least 75 days after the referendum petition is filed, regardless of whether any election will be held to nominate or elect candidates on that day. Am. 519.12, 3501.18, 3513.05, 3513.31, & 3517.03 Full Text

SB 134 TELECOMMUNICATIONS REGULATION To revise state telecommunications policy, authorize the Public Utilities Commission to allow alternative regulation of basic local exchange service provided by larger companies, and specify the scope of Commission authority regarding wholesale telecommunications services, advanced services, and internet protocol-enabled services. Am. 4905.04, 4927.02, 4927.03, & 4927.04 and En. 4905.041 Full Text

SB 135 EARNED INCOME TAX CREDIT To grant a state earned income tax credit equal to 20 per cent of the federal earned income tax credit. Am. 5747.98 and En. 5747.71 Full Text

SB 136 COUNTY SALES TAXES To accelerate the effective date of county sales taxes submitted for voter approval at a special election held in May 2005 and to declare an emergency. Full Text

SB 137 CHILD ABUSE REPORTING To increase the penalty for a failure to report abuse or neglect of a child from a misdemeanor of the fourth degree to a misdemeanor of the first degree. Am. 2151.99 Full Text

HB 207 BINGO LICENSE QUALIFICATION To provide that a fraternal organization need only be in continuous existence in Ohio for a period of two years to qualify for a bingo license, to eliminate the felony of the fifth degree penalty for certain violations of the Charitable Gaming Law involving bingo, and to authorize a veteran's or fraternal organization to purchase and leave instant bingo ticket dispensers for use by the organization's members and invited guests on the organization's premises. Am. 2915.01, 2915.08, 2915.091, 2915.092, 2915.094 & 2915.13 Full Text

HB 208 SALVAGE MOTOR VEHICLE LAW To allow licensed salvage motor vehicle auctions and pools to sell salvage motor vehicles only to specified authorized purchasers, to require the registration of motor vehicle mechanical repair facilities, to change the name of the Board of Motor Vehicle Collision Repair Registration to the Board of Motor Vehicle Repair Registration, and to further amend section 4775.03 of the Revised Code of January 1, 2006, to dissolve the Board of Motor Vehicle Repair Registration and replace it with a new board of the same name. Am. 1345.81, 4738.01, 4738.03, 4738.18, 4738.19, 4738.99, 4775.02, 4775.03, 4775.04, 4775.05, 4775.06, 4775.07, 4775.08, 4775.09, 4775.10, 4775.11, 4775.99 & 5703.21 Full Text

HB 209 LIQUOR PERMIT ELIGIBILITY To qualify the owner or operator of a community arts center for issuance of a D-5h liquor permit. Am. 4303.181 Full Text

HB 210 PROPERTY TAX FREEZE To freeze the taxes on primary residences owned and occupied by persons 65 years of age or older. Am. 319.202, 323.152, 323.153, 323.154, 4503.06, 4503.064, 4503.065, 4503.066 & 4503.067 Full Text

HB 211 WINE AND VAPORIZING DEVICES To prohibiting the sale, offering for sale, purchase, and use of alcohol vaporizing devices and to allow opened bottles of wine that are purchased at restaurants to be transported in vehicles under certain conditions. Am. 4301.62 & 4301.99 and En. 4301.65 Full Text

HB 212 COUNTY SALES TAX ISSUES To accelerate the effective date of county sales taxes submitted for voter approval at a special election held in May 2005 and to declare an emergency. Full Text

HB 213 COMMUNITY SCHOOL LIMIT To extend the statewide cap on the number of community schools sponsored by entities other than the school districts in which they would be located, to create the Joint Study Committee on Ohio's Community Schools, and to make changes to the Community Schools Law. Am. 3314.013 & 3314.17 and En. 3314.18 Full Text

HB 214 CLERKS OF COURT DUTIES To remove clerks of court from the procedures regarding the filing by private persons of affidavits alleging that a person committed a criminal offense. Am. 2935.09 Full Text

HB 215 WATER & SEWER RATE DISCOUNTS To authorize a board of county commissioners or a board of trustees of a regional water and sewer district to offer discounts on water and sewer rates to persons sixty-five years of age or older. Am. 6103.01, 6103.02, 6117.01, 6117.02, & 6119.011 and En. 6119.091 Full Text

HB 216 LIFE SUPPORT WITHDRAWAL To provide that if the guardian, spouse, adult children, parents, adult sibling, or majority of the adult siblings of an adult patient in a permanently unconscious state disagree with a consent to the withholding or withdrawal of nutrition and hydration in connection with the patient and present some evidence that the decision is not consistent with the previously expressed intention of the patient the court must prohibit the attending physician from withholding or withdrawing nutrition and hydration in connection with the patient, to provide that if less than a majority of such a patient's adult siblings, the patient's grandparents, the nearest adult who is related to the patient by blood or adoption or, in certain circumstances, the guardian, spouse, adult children, parents, adult sibling, or majority of adult siblings of the patient disagrees with a decision of the priority individual to consent to the withholding or withdrawal of nutrition and hydration of such a patient, the court must appoint a physician to examine the patient and may only consider the determination of that physician and the physicians hired by either party if applicable in determining whether nutrition and hydration should be withdrawn or withheld, to include the patient's grandparents in the list of priority individuals who may consent to withhold or withdraw life-sustaining treatment, and to allow the attorney general or the prosecuting attorney to file an action or intervene to present evidence and argue that a decision to withhold or withdraw life-sustaining treatment or nutrition and hydration is not consistent with the law. Am. 2133.08, 2133.09, & 2133.15 Full Text

HB 217 SEX OFFENDER LICENSE PLATE To create a sex offender license plate and to establish the conditions for its use. Am. 2950.99 and En. 2950.15 and 4503.237 Full Text

HB 218 TELECOMMUNICATIONS REGULATION To revise state telecommunications policy, authorize the Public Utilities Commission to allow alternative regulation of basic local exchange service provided by larger companies, and specify the scope of Commission authority regarding wholesale telecommunications services, advanced services, and internet protocol-enabled services. Am. 4905.04, 4927.02, 4927.03, & 4927.04 and En. 4905.041 Full Text

HB 219 LOCAL GOVERNMENT CONSOLIDATION To provide financial incentives to encourage counties, townships, and municipal corporations to save money through expenditure reductions and consolidation of services. Am. 5727.45, 5727.84, 5733.12, 5739.21, 5741.03, & 5747.03 and En. 9.27, 9.271, 9.272, 9.273, 9.274, 9.275, 9.276, 9.277, 9.278, & 9.279 and Rep. section 139 of Am.Sub.H.B.95 of the 125th General Assembly Full Text

HB 220 BANKRUPTCY EXEMPTIONS To permit debtors domiciled in Ohio to exempt the same property from a bankruptcy judgment that is exempted under the federal Bankruptcy Law. Rep. 2329.662 Full Text

HB 221 POLITICAL PARTY STRUCTURE To permit the county central committee of a major political party to be comprised of members representing combinations of election precincts, city wards, villages, and townships, as determined by the outgoing committee, and to require a township zoning referendum to be voted upon at a special election to be held on the day of the next primary or general election that occurs at least 75 days after the referendum petition is filed, regardless of whether any election will be held to nominate or elect candidates on that day. Am. 519.12, 3501.18, 3513.05, 3513.31, & 3517.03 Full Text

HB 222 PREVAILING WAGE LAW To repeal the Prevailing Wage Law. Am. 121.08, 164.07, 166.02, 176.011, 307.022, 307.671, 307.673, 307.674, 307.696, 351.06, 1311.25, 1509.071, 1521.26, 1551.33, 1710.02, 1728.07, 3383.07, 4116.01, 4582.12, 5540.03, & 6117.012 and Rep. 122.452, 165.031, 176.05, 1551.13, 3706.042, 4115.03, 4115.031, 4115.032, 4115.033, 4115.034, 4115.04, 4115.05, 4115.06, 4115.07, 4115.071, 4115.08, 4115.09, 4115.10, 4115.101, 4115.11, 4115.12, 4115.13, 4115.131, 4115.132, 4115.133, 4115.14, 4115.15, 4115.16, 4115.21, 4115.99, 4582.37, 4981.23, & 6121.061 Full Text

HB 223 JUDGMENT EXEMPTIONS To increase the amount of the general homestead exemption from execution, attachment, or sale to satisfy a judgment and to exempt from execution, attachment, or sale to satisfy the judgment the property used as a residence by a defendant against whom a judgment is rendered in a civil action upon a medical, dental, optometric, or chiropractic claim and delay the enforcement of a judgment lien upon that property until its sale or transfer. Am. 2329.66 Full Text

HB 224 POLLING PLACE ACCESSIBILITY To ensure handicapped parking at polling places and at registration places that are at polling places. Am. 3501.29 Full Text

HB 225 BUTLER COUNTY COURT To add one additional judge for the general division of the Butler County Court of Common Please to be elected in 2006. Am. 2301.02 Full Text

HB 226 COURT COSTS To authorize the legislative authority of a municipal corporation to establish a schedule of fees to be taxed as costs in a civil, criminal, or traffic proceeding in a municipal court for services performed by officers or employees of the municipal corporation's police department or marshal's office. Am. 1901.26 Full Text

HB 227 SEX OFFENDER MONITORING To require that sexually violent predators be monitored by global positioning system devices during post-release control and to authorize the civil commitment of certain sexually violent predators. Am. & En. 2967.28, 5122.51, 5122.52, 5122.53, 5122.54, 5122.55, 5122.56, 5122.57, 5122.58, 5122.59, 5122.60, 5122.61 & 5122.62 Full Text

HB 228 ABORTION To prohibit abortions in this state, to increase the penalties for the offenses of unlawful abortion, unlawful distribution of an abortion-inducing drug, and abortion trafficking, to enact the offense of facilitating an abortion, and to make conforming changes in related provisions. Am. & Rep. 124.85, 149.43, 2151.421, 2305.11, 2307.46, 2307.52, 2307.53, 2317.56, 2505.02, 2901.01, 2903.09, 2919.12, 2919.123, 2919.13, 2919.14, 2919.24, 2950.03, 3701.341, 4112.01, 4731.22, 4731.91, 5101.55, 2151.85, 2505.073, 2919.121, 2919.122, 2919.151, 2919.16, 2919.17, & 2919.18 Full Text

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What's Next From The Feds?

First, it was the requirement that the State of Ohio pay $500,000 per year for erectile dysfunction drugs for people on Medicaid. Now, it seems as if the Federal Highway Administration has threatened millions of dollars in federal highway funds if some large murals in downtown Columbus, visible from federal highways, are not removed. The Ohio Department of Transportation has responded by ordering the murals to be removed. The clock is now ticking, and the designer of the murals has 30 days from last Wednesday to comply or face fines up to $5,000 for each mural.

Big Brother is watching.

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Supreme Court of Ohio Case Announcements and Administrative Actions - 4/28/2005

Here is the link.

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Supreme Court of Ohio Opinions - 4/27/2005

Wednesday, April 27, 2005

2004-0307. State ex rel. Holdren v. Indus. Comm., 2005-Ohio-1734.
Franklin App. No. 03AP-164, 2003-Ohio-7230. Judgment reversed and writ granted.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton and O'Connor, JJ., concur.
O'Donnell and Lanzinger, JJ., dissent.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-1734.pdf
Limitations on actions — R.C. 5301.36(C) is remedial — Actions pursuant to R.C. 5301.36(C)
are subject to the six-year limitations period of R.C. 2305.07.

2004-0524 and 2004-0525. Rosette v. Countrywide Home Loans, Inc., 2005-Ohio-1736.
Cuyahoga App. No. 82938, 2004-Ohio-359, and Cuyahoga App. Nos. 82885 and 82999, 2004-Ohio-356. Judgments reversed and causes remanded.
Moyer, C.J., Resnick, Pfeifer and O'Donnell, JJ., concur.
Lundberg Stratton, O'Connor and Lanzinger, JJ., dissent.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-1736.pdf
Summary: Homeowners Have Six Years To Seek $250 Recovery From Lender for Late Recording of Mortgage Payoff

2004-1200. Valigore v. Cuyahoga Cty. Bd. of Revision, 2005-Ohio-1733.
Board of Tax Appeals, No. 2002-R-2709. Decision 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-1733.pdf
Taxation — Real property — Valuation — Party challenging board of revision’s valuation of real
property has burden of showing that valuation was incorrect — Board of Tax Appeals has broad
discretion to determine weight and credibility of evidence — Appellant fails in burden of proof, when.

2004-1908. State ex rel. Hamilton v. Brunner, 2005-Ohio-1735.
Franklin App. No. 02AP-1332. 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-1735.pdf
Mandamus to compel judge to rule on petition for postconviction relief and motions —
Denied as moot after rulings made — Adequate remedy in ordinary course of law.

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Federal Government Forcing Ohio to Pay for E.D. Drugs

Amazingly, or maybe not so amazing in this day and age, the federal government has informed the state of Ohio that it must continue to pay for subscriptions of Viagra, Cialis, and Levitra if it doesn't want to run afoul of Medicaid requirements. The annual tab for these drugs ran to almost a half million dollars last year, with 1,441 patients receiving 7,600 prescriptions, according to the Ohio Department of Job and Family Services.

According to the Centers for Medicare and Medicaid Services of the U.S. Department of Health and Human Services, states offering Medicaid prescription benefits must cover all drugs that are approved by the Food and Drug Administration and are involved with rebate agreements with the U.S. government.

While this is going on, the current budget bill under review in the Ohio Senate slashes Medicaid benefits for 25,000 working-poor parents and eliminates the Disability Medical Assistance program that provides medication to 15,000 destitute and chronically ill adults. HB 66 does, however, contain a provision challenging the "federal Viagra mandate."

The above was pieced together from a story in the 4/27/2005 Columbus Dispatch.

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Ohio County Law Libraries in the Spotlight...

...within the April issue of the Ohio Judicial Conference publication Bill Board. Check out page 10 of the latter for information on issues that the coming Task Force on County Law Libraries will have to solve. Those include library funding, accountability of librarians and library boards, and public access. The Task Force is being formed as a compromise to a provision of the most current Ohio budget bill (HB 66) that would have eliminated all county funding of county law libraries by 2010. The Task Force is charged with delivering its report by June 30, 2006.

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Supreme Court of Ohio Case Announcements and Administrative Actions - 4/26/2005

Here is the link.

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Ohio Board of Tax Appeals Merit Docket Decisions - 4/22/2005

MERIT DOCKET

2003-T-278, 2003-T-1456 Thornwood Development Co., LLC v. Delaware County Board of Revision, Delaware County Auditor, and the Olentangy Local School District Board of Education. Real Property Tax. Value found. Board members concur.

2003-B-999 Richard G. and Sandra L. Brown v. Montgomery County Board of Revision and Montgomery County Auditor. Real Property Tax. Value found. Board members concur.

2003-B-1000 Richard G. and Sandra L. Brown v. Montgomery County Board of Revision and Montgomery County Auditor. Real Property Tax. Value found. Board members concur.

2003-B-1001 Richard G. and Sandra L. Brown v. Montgomery County Board of Revision and Montgomery County Auditor. Real Property Tax. Value found. Board members concur.

2004-R-19 Brooklyn City School District Board of Education v. Cuyahoga County Board of Revision, Cuyahoga County Auditor, and Carrabbas Italian Grill, Inc. Real Property Tax. Value found. Board members concur.

2004-R-34 Brooklyn City School District Board of Education v. Cuyahoga County Board of Revision, Cuyahoga County Auditor, and CB Brooklyn O, LLC. Real Property Tax. Value found. Board members concur.

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Supreme Court of Ohio Case Announcements and Administrative Actions - 4/25/2005

Here is the link.

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Bankruptcy Bill Changes

For those interested in bankruptcy law, the firm of Davis, Polk and Wardell has posted a "blacklined" version of the latest changes in the law that were recently signed by President Bush. Enjoy.

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Justice O'Connor to Chair New Court Security Committee

Supreme Court of Ohio Chief Justice Thomas J. Moyer announced last week that he had appointed Justice Maureen O'Connor to chair a new statewide committee that will address court safety and security in Ohio. The announcement came as both justices attended the National Summit on Court Safety and Security, which Moyer is chairing.

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