Ohio Law

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

Friday, June 03, 2005

Ohio AG Says North Bass Island to Remain in Ohio

Ohio Attorney General Jim Petro has announced that a claim by the Ottawa Indians of Oklahoma tribe that it was entitled to all or part of the island has been rejected. Click here for a copy of the AG's letter and attached reports.

Petro has yet to respond to an Eastern Shawnee of Oklahoma claim to 93,000 acres in Ohio. This tribe, however, has made it plain they are interested in bringing casino gambling to the state. According to the AG's office, there are no federally recognized Indian tribes or lands in Ohio.

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New Bill Introductions

SB 152 CHARITABLE ORGANIZATIONS (Clancy) To include "tax exempt fire museum" within the Gambling Law's definition of "charitable organization." Am. 2915.01 Full Text

SCR 17 SUDAN (Jacobson) To focus on the Darfur genocide, which the U.S. Department of State has concluded is genocide, occurring n the Darfur region of Sudan, to encourage the U.S. to continue its support of humanitarian efforts in and contributions of humanitarian aid to the region; to encourage the U.S. to lead multilateral efforts to bring those responsible for the egregious human rights violations to justice and to encourage Ohio companies and institutions, multinational corporations operating in Ohio and agencies and political subdivisions of the state to divest themselves of interests in any companies that conduct business in Sudan. Full Text

HB 289 FAMILY FIRST COUNCILS (White) Regarding the duties of the Ohio Family and Children First Cabinet Council and county family and children first councils. Am. & En. 121.37, 2151.27, 121.373 & 121.374 Full Text

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Supreme Court of Ohio Case Announcements and Administrative Actions - 6/3/2005

Here is the link.

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Thursday, June 02, 2005

Supreme Court of Ohio Case Announcements and Administrative Actions - 6/2/2005

Here is the link.

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New Bill Introductions

HB 283 PUBLIC SMOKING (Chandler) To permit counties and townships to regulate smoking in public places and places of employment. Am. & En. 3743.06, 3743.19, 3743.60, 3743.61, 3791.031, 5104.015 307.205 & 505.83 Full Text

HB 284 PANDERING OBSCENITY (Raga) To increase the penalties for pandering obscenity involving a minor, pandering sexually oriented material involving a minor, and illegal use of a minor in a nudity-oriented material or performance. Am. 2907.321, 2907.322, 2907.323, 2929.13 & 2929.41 Full Text

HB 285 PAROLE AUTHORITY VEHICLES (Willamowski) To prohibit employees of the Adult Parole Authority from being required to use private vehicles during the course of their employment. En. 5149.031 Full Text

HB 286 LAW ENFORCEMENT RETIREMENT (Willamowski) To include municipal park rangers and township police cadets in the law enforcement division of the Public Employees Retirement System (PERS), to provide for conversion by municipal park rangers and township police cadets of regular PERS service credit to PERS law enforcement service credit, and to create special provisions in the Public Employees Retirement System for public safety officers. Am. 145.01, 145.33 & 145.49 Full Text

HB 287 BIRTHING CENTERS (Aslanides) To exempt certain freestanding birthing centers from the requirement that a center obtain a health care facility license from the Director of Health. Am. & En. 3702.30, 3702.31 & 3702.301. Full Text

HB 288 MINERAL RIGHTS LAW (Wagoner) To revise the statute governing the vesting of abandoned mineral rights and to allow the chairperson of the Oil and Gas Commission to appoint temporary members to the Commission from the Technical Advisory Council on Oil and Gas when a quorum of the Commission cannot be obtained. Am. 317.08, 1509.35, 1509.38 & 5301.56 Full Text

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Wednesday, June 01, 2005

Supreme Court of Ohio Decision Released Today

Posted Today: Shell v. Ohio Veterinary Medical Licensing Board
Case No. 2004-0253
Summary: The five-day-written-notice requirement set forth in R.C. 4741.26(A) applies to all Veterinary Medical Licensing Board inspections of businesses connected with the practice of veterinary medicine, even inspections related to investigations.

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Existence of Encryption Program Found to be Relevant Evidence

A Minnesota appeals court ruled last month that the mere existence of the encryption program PGP (Pretty Good Privacy) was relevant to defendant Ari David Levie's prosecution for taking nude photographs of a 9-year old girl. Levie had alleged that evidence of his Internet usage and the presence of the encryption program was not relevant. The appeals court stated that the trial judge had held correctly when the evidence was allowed in and that they themselves found "that evidence of appellant's Internet use and the existence of an encryption program on his computer was at least somewhat relevant to the state's case against him."

Source: ZDNet

Tuesday, May 31, 2005

New Bill Introductions

SB 150 PYMATUNING LAKE COMPACT (Dann) To revise the Pymatuning Lake Compact. Am. 1541.31 Full Text

SB 151 WORKERS' COMPENSATION FUNDS (Dann) To require the Ohio Retirement Study Council to oversee investment of funds under the Workers' Compensation Law and approve contracts entered into concerning the investment of those funds, to change the investment authority of the Administrator of Workers' Compensation, to establish restrictions concerning contracts for the investment of those funds, to require that criminal records checks be conducted on persons involved with the investment of those funds, to prohibit the Administrator from awarding a contract for the investment of those funds to an investment manager or business entity who has made specified campaign contributions, and to prohibit certain state officials from soliciting or accepting campaign contributions from those investment managers or business entities. Am. 102.02, 171.01, 171.03, 171.05, 3517.13, 3517.151, 3517.992, 4121.12, 4121.121, 4121.125, 4123.44, & 4123.99 and En. 109.579, 171.041, 3517.093, 4123.441, 4123.442, and 4123.444 Full Text

HJR 7 ECONOMIC GROWTH BOND ISSUE (Redfern) Proposing to enact Section 2a of Article VIII of the Constitution of the State of Ohio to permit the issuance of general obligation bonds to create and preserve jobs, enhance employment and educational opportunities, and promote economic growth through funding research and development and the development of certain sites and facilities and to expand state and local government authority regarding economic development. Full Text

HJR 8 LOCAL INFRASTRUCTURE BONDS (Redfern) Proposing to enact Section 2p of Article VIII of the Constitution of the State of Ohio to permit the issuance of general obligation bonds to fund local government public infrastructure capital improvements. Full Text

HB 278 INJURED MILITARY FUND (Boccieri) To allow taxpayers to donate a portion of their income tax refunds to injured military personnel and to permit a state employee aggrieved under the federal "Uniformed Services Employment and Reemployment Rights Act" to file a claim against the state in the Court of Claims. Am. 2743.03, 5101.184, 5747.113, & 5903.02 and En. 5903.21 Full Text

HB 279 HANDGUN POSSESSION (Hughes) To prohibit a person from changing, altering, removing, or obliterating the name of the manufacturer, model, manufacturer's serial number, or any other mark of identification on a handgun and to prohibit a person from possessing a handgun knowing or having reasonable cause to believe any such mark of identification on the handgun has been changed, altered, removed, or obliterated. En. 2923.26 Full Text

HB 280 SCHOOL BUILDING SALES (Law) To require a school board to offer any building for sale to any county, municipal corporation, and township in which the building is located. Am. 3313.41 Full Text

HB 281 GREAT OHIO SEAL (DeWine) To add a representation of the Wright Brothers' first piloted airplane to the Coat of Arms and Great Seal of the State of Ohio. Am. 5.04 & 5.10 Full Text

HB 282 PUBLIC SAFETY EMPLOYEE DAY (Flowers) Designating September 11 as "Ohio Public Safety Employee Day." En. 5.2230 Full Text

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Supreme Court of Ohio Case Announcements and Administrative Actions - 5/31/2005

Here is the link.

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Ohio Board of Tax Appeals Decision - 5/27/2005

MERIT DOCKET

2004-P-1230 Mentor Exempted Village School District Board of Education v. Lake County Board of Revision, Lake County Auditor, and Richard C. and Karen J. Sippola. Real Property Tax. Dismissed. Board members concur.

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Memorial Day: The Flag at Half-Staff

Regrettably, I had someone ask me yesterday why the U.S.
flag displayed at the front of my house was at half-staff. The
quick answer was, of course, that it was Memorial Day. The
below section from the United States Code explains the
mechanics of when and how to display a flag at half-mast:

4 U.S.C. 7(m) states:

(m) The flag, when flown at half-staff, should be first hoisted
to the peak for an instant and then lowered to the half-staff
position. The flag should be again raised to the peak before
it is lowered for the day. On Memorial Day the flag should
be displayed at half-staff until noon only, then raised to the
top of the staff. By order of the President, the flag shall be
flown at half-staff upon the death of principal figures of the
United States Government and the Governor of a State,
territory, or possession, as a mark of respect to their memory.
In the event of the death of other officials or foreign dignitaries,
the flag is to be displayed at half-staff according to Presidential
instructions or orders, or in accordance with recognized customs
or practices not inconsistent with law. In the event of the
death of a present or former official of the government of any
State, territory, or possession of the United States, the
Governor of that State, territory, or possession may proclaim
that the National flag shall be flown at half-staff. The flag
shall be flown at half-staff 30 days from the death of the
President or a former President; 10 days from the day of
death of the Vice President, the Chief Justice or a retired
Chief Justice of the United States, or the Speaker of the
House of Representatives; from the day of death until
interment of an Associate Justice of the Supreme
Court, a Secretary of an executive or military department,
a former Vice President, or the Governor of a State, territory,
or possession; and on the day of death and the following day
for a Member of Congress. The flag shall be flown at half-staff
on Peace Officers Memorial Day, unless that day is also Armed
Forces Day. As used in this subsection--
(1) the term ``half-staff'' means the position of the flag when
it is one-half the distance between the top and bottom of the staff;
(2) the term ``executive or military department'' means any
agency listed under sections 101 and 102 of title 5, United States
Code; and
(3) the term ``Member of Congress'' means a Senator, a
Representative, a Delegate, or the Resident Commissioner
from Puerto Rico.

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