Supreme Court of Ohio Case Announcements and Administrative Actions - 6/23/2005

Here is the link.

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New Bill Introductions

HB 305 PRESCRIPTIVE AUTHORITY (Peterson) Regarding the practice of physician assistants, including the establishment of physician-delegated prescriptive authority, and to modify the authority of advanced practice nurses to furnish supplies of drugs to patients. Am., En. & Rep. 1.64, 1751.01, 2305.113, 2925.02, 2925.03, 2925.11, 2925.12, 2925.14, 2925.23, 2925.36, 3327.10, 3331.02, 3719.06, 3719.81, 4723.481, 4723.50, 4729.01, 4729.51, 4730.01, 4730.02, 4730.03, 4730.05, 4730.06, 4730.07, 4730.10, 4730.11, 4730.12, 4730.16, 4730.18, 4730.19, 4730.21, 4730.22, 4730.25, 4730.26, 4730.27, 4730.28, 4730.31, 4730.32, 4730.33, 4730.34, 4731.141, 5903.12; 4730.11 (4730.12), 4730.12 (4730.14), and 4730.18 (4730.15); 4730.11, 4730.17, 4730.18 4730.08, 4730.081, 4730.09, 4730.091, 4730.13, 4730.20, 4730.38, 4730.39, 4730.40, 4730.401, 4730.41 4730.52 4730.15 & 4730.17 Full Text

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Ohio Senate Passes Prison Database Bill

The Senate unanimously passed HB 15, which would require state prison officials to operate a web-based database that offers detailed information about each inmate in state custody. The House had previously passed the bill on June 7, also unanimously.

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Supreme Court of Ohio Decisions Released 6/22/2005

Wednesday, June 22, 2005

2003-2029. Parma Hts. v. Wilkins, 2005-Ohio-2818.
Board of Tax Appeals, No. 2001-R-365. Decision affirmed.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur.

Real estate tax — Exemptions — R.C. 5709.08, public property used for public purpose — R.C. 5709.081, publicly owned athletic facilities — R.C. 5709.12, public property used for charitable purposes — Exemptions denied — Lessee’s operation of property for private business purposes.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-2818.pdf

2004-2075. Cincinnati Bar Assn. v. Diehl, 2005-Ohio-2817.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 03-075. Drew S. Diehl, Attorney Registration No. 0024802, is suspended from the practice of law in Ohio for two years, with 18 months stayed on conditions.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur.

Attorneys at law – Misconduct – Two-year suspension with 18 months stayed on conditions – Engaging in conduct involving fraud, deceit, dishonesty, or misrepresentation — Intentionally damaging a client during course of professional relationship — Failing to disclose to clients attorney’s failure to carry professional-liability insurance — Practicing law in violation of professional regulations.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-2817.pdf

2004-2079. Butler Cty. Bar Assn. v. Schoonover, 2005-Ohio-2816.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 03-078. Paul Schoonover, Attorney Registration No. 0039600, is suspended from the practice of law in Ohio for six months, stayed on conditions.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur.

Attorneys at law – Misconduct – Six-month suspension, stayed on conditions – Engaging in conduct that adversely reflects on fitness to practice law — Failure to promptly return unearned fees — Neglect of entrusted legal matter.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-2816.pdf

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Supreme Court of Ohio Case Announcements and Administrative Actions - 6/22/2005

Here is the link.

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New Bill Introductions

SB 156 ALTERNATIVE FUELS TAX (Mumper) To establish certain requirements related to the use and taxing of alternative fuels and to establish an idle reduction retrofit revolving loan program. Am. 125.831, 5733.98 & 5747.98 and En. 122.86, 125.834, 125.835, 125.836, 901.14, 5733.47, 5733.48, 5735.40, 5747.76 & 5747.77 Full Text

SB 157 MOBILE PHONE USAGE (Fedor) To prohibit any person from operating a moving vehicle and simultaneously using a mobile telephone that is not capable of being operated in a hands-free manner other than to report an emergency, to prohibit without exception any person with a temporary instruction permit from operating a moving vehicle and simultaneously using a mobile telephone, to create the offense of inattentive driving, and to require the State Highway Patrol to compile monthly data and statistics on motor vehicle accidents in which mobile telephone use was a material factor. Am. 4510.036 and En. 4511.204 & 4511.205 Full Text

HB 302 SCHOOL FACILITIES TAX (Law) To require school districts to lower the rate of a school facilities tax upon determining that project costs will be lower than expected. Am. 3318.17 Full Text

HB 303 STATE CHILDREN'S BOOK (Combs) To adopt the children's book 'Lentil' as the official children's book of the state and to designate its authority, Robert McCloskey, as the official children's book author of the state. En. 5.091 Full Text

HB 304 SERVICE LIENS (Blessing) To modify the circumstances under which a lien may be created an action at law commenced to collect unpaid water, sewage, and other service rates and charges owed local authorities. Am. 343.08, 729.49, 743.04, 6103.02, 6117.02 & 6119.06 Full Text

HR 74 PAIN AWARNESS MONTH (Kearns) To proclaim the month of September 2005 as Pain Awarness Month in Ohio. Full Text

HCR 21 FREE TRADE AGREEMENT (Skindell) To memorialize Congress to reject the Central American Free Trade Agreement-Dominican Republic and work for fair trade agreements. Full Text

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Petro Wins Battle Against Strip Clubs

Ohio Attorney General Jim Petro won a victory in federal appeals court, winning a ruling that a state law allowing a township to regulate strip clubs is constitutional. Petro had teamed up with Union Township in Clermont County to defend a township ordinance regulating and restricting nude-dancing clubs and a state law authorizing the local ordinance. Here is a link to the full text of the decision from the federal 6th Circuit Court of Appeals.

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Budget Bill Sent to Governor

The Ohio General Assembly passed the state's two-year budget along party lines. The conference committee's report, completed over the weekend, was adopted by the House 53-46 and by the Senate 19-13. Smokers can expect to pay 70 cents more per pack starting on July 1, and there is also a five-year phase-down of the personal income tax by 21% across the board. Here is a link for Governor Taft's statement regarding the budget.

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Ohio Board of Tax Appeals Merit Docket Decisions - 6/17/2005

MERIT DOCKET

2003-P-1401 Maple Hgts. Lanes, Inc. v. Thomas M. Zaino, Tax Commissioner of Ohio. Personal Property Tax Penalty Abatement. Tax Commissioner affirmed. Board members concur.

2003-V-1812 Laila Abadir v. Cuyahoga County Board of Revision, Cuyahoga County Auditor, and the Mayfield City School District Board of Education. Real Property Tax. Value found. Board members concur.

2003-V-2089 Jewish Senior Housing of Akron v. Summit County Board of Revision, Summit County Audit, and the Copley-Fairlawn City School District Board of Education. Real Property Tax. Value found. Board members concur.

2004-R-32 Jerry Jennings v. J. Patrick McAndrew, Tax Commissioner of Ohio. Use Tax. Tax Commissioner reversed. Board members concur.

2004-R-33 Jerry Jennings v. J. Patrick McAndrew, Tax Commissioner of Ohio. Use Tax. Tax Commissioner reversed in part and affirmed in part. Board members concur.

2004-B-536 Walter T. Podraski v. Erie County Board of Revision and Erie County Auditor. Real Property Tax. Value found. Board members concur.

2004-T-537 Joseph J. Waltos v. Ottawa County Board of Revision and the Ottawa County Auditor. Real Property Tax. Value found. Board members concur.

2004-B-831 Thomas J. Hard v. Erie County Board of Revision and the Erie County Auditor. Real Property Tax. Value found. Board members concur.

2004-T-1140 Eugene and Kathryn Matuszewski v. Erie County Board of Revision and the Erie County Auditor. Real Property Tax. Value found. Board members concur.

2005-R-126 Orange Village v. William W. Wilkins, Tax Commissioner of Ohio. Real Property Tax Exemption. Dismissed--lack of jurisdiction. Board members concur.

2005-R-230 Sines Enterprises, Inc. v. William W. Wilkins, Tax Commissioner of Ohio. Personal Property Tax Penalty Abatement. Tax Commissioner affirmed. Board members concur.

2005-G-282 Ruiqiang Long & Yaping Huang v. Franklin County Board of Revision and Franklin County Auditor. Real Property Tax. Dismissed--lack of jurisdiction. Board members concur.

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