Ohio Law

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

Friday, October 21, 2005

Ohio General Assembly Latest Bill Introductions

SB 210 THIRD FRONTIER/STEM CELL (Jordan) To impose restrictions on the Third Frontier Commission making grants or loans for activities involving embryonic stem cell research. Am. 184.02 Full Text


SB 207 HOME INSPECTOR BOARD (Spada) To create the State Board of Home Inspectors, to require the licensure of home inspectors, and to regulate the licensure and performance of home inspectors. En. 4768.01 to 4768.13 & 4768.99 Full Text

SB 208 MILITARY TAX EXEMPTION (Amstutz) To exempt from state and school district income taxation military pay and allowances received by individuals who are stationed outside Ohio and who do not have any immediate family members residing in Ohio. Am. 5747.01 & 5748.01 Full Text

SB 209 PAROLE BOARD (Miller, R.) To limit a member of the Ohio Parole Board who is not a victim representative to one nine-year term Am. 5149.02 & 5149.10 Full Text

SB 206 HPRS DEFERRED COMPENSATION (Coughlin) To provide for the establishment of the State Highway Patrol Retirement System deferred retirment option plan. Am. & En. 742.63, 5505.12, 5505.18, 5505.50 & 5505.59 Full Text

HB 395 EXPATRIATE CORPORATIONS (Sayre) To prohibit the award of state contracts and tax credits and the use of state moneys for loans, grants or other assistance to expatriate corporations. En. 121. Full Text

HJR 11 FUEL TAX USE (Gilb) To specify that revenue arising from any tax on or related to motor fuel or receipts from the sale or other disposition of such fuel shall be devoted to highway and highway-related purposes regardless of the form of the tax. Am. Section 5a of Article XII of the Constitution of Ohio. Full Text

HB 389 BICYCLE LAWS (Setzer) To revise certain laws as they relate to bicycle operation. Am. 5411. Full Text

HB 390 TAX COLLECTIONS (Taylor) To establish a statute of limitations for the collection of corporate franchise, sales and use, and commercial activity taxes. En. 5733, 5739, 5741, 5747 & 5751. Full Text

HB 391 TAX FORM CONTRIBUTIONS (Taylor) To Allow certain taxpayers to use their tax returns to make contributions in support of the Prostate Cancer Cure Corporation DBA the One in Six Foundation. Am. & En. 1517, 1531, 3701, 5747 & 5751. Full Text

HB 392 ABORTION REPORTS (Buehrer) To require physicians to complete and submit to the Department of Health an individual abortion report for each abortion performed. Am. & En. 3701 & 4731. Full Text

HB 393 EMANCIPATION DAY (Patton, S.) To designate September 22 as "Emancipation Day." En. 5. Full Text

HB 394 CONSERVANCY DISTRICT PLANS (Sayre) To modify the procedure by which the board of directors of a conservancy district may amend the official plan of the district. Am. 6101. Full Text

HR 111 PLEDGE PROTECTION (Bubp) To urge the Congress of the United States to enact the Pledge Protection Act. Full Text

HB 382 TOWNSHIP TRUSTEE AUTHORITY (Widener) To permit boards of township trustees to sell cemetery-related items, with the proceeds to go to the care and maintenance of their township cemeteries. En. 517 Full Text

HB 383 CHILD CARE LICENSING (Fessler) To modify the laws pertaining to the licensing of child care providers and the child abuse memorandum of understanding that must be prepared for each county. Am. & En. 2151 & 5104 Full Text

HB 384 BINGO LICENSING (Hartnett) To allow certain social clubs to qualify to be issued bingo licenses to conduct regular bingo and instant bingo. Am. 2915 Full Text

HB 385 TOWNSHIP LAW (Brinkman) To eliminate the requirement for a second class mailing privilege for newspapers of general circulation used for legal publications, to make changes to the law authorizing a charge for certain multiple false alarms in townships, to increase the maximum registration fee for transient vendors in townships, to allow emergency resolutions to take effect in limited home rule townships, to eliminate the ten-year duration limit and the competitive bidding requirements for township lighting contracts, to authorize boards of township trustees to sell cemetery-related items to raise revenue for the care and maintenance of township cemeteries, to authorize urban townships to adopt a general parking authorization plan for subdivision entrances and certain township cul-de-sac streets, to remove the limitation on the number of additional deferred compensation programs townships may offer to township officers or employees, and to authorize a township to pay the proceeds from the sale of a permanent improvement into the township's general fund under certain circumstances. Am. & En. 7, 148, 504, 505, 515, 517 & 5705 Full Text

HB 386 MEMORIAL HIGHWAY DESIGNATION (DeGeeter) To designate a portion of Interstate 71 located within the city of Middleburg Heights as the "Corporal Brad D. Squires Memorial Highway. En. 5533 Full Text

HB 387 COASTAL MANAGEMENT OFFICE (McGregor, J.) To abolish the Office of Coastal Management created by the Department of Natural Resources and to transfer its duties to the Division of Soil and Water Conservation within the Department. Am. 1506, 1511 & Section 209 of Am. Sub. HB 66 of the 126th General Assembly Full Text

HB 388 TRAFFIC LAW PENALTIES (Peterson) To provide for increased penalties when a person violates the motor vehicle traffic law assured clear distance ahead provision or commits a failure to yield the right-of-way offense that results in serious physical harm or death to another person. Am. & En. 4510, 4511, & 4513 Full Text

HCR 28 HURRICANE RELIEF (Yates) To encourage the Governor to do everything in his power to make Ohio's people and resources available in the wake of Hurricane Katrina to aid in the relief of and assistance to the people affected by the hurricane and to convey sympathy to those who have lost their loved ones, homes and livelihoods. Full Text

HCR 29 SEPARATE FEMA (Beatty) To memorialize Congress to separate the Federal Emergency Management Agency (FEMA) from the United States Department of Homeland Security and reinstate FEMA as an independent agency. Full Text

Later


10/21/2005 - Supreme Court of Ohio Case Announcements and Administrative Actions

MOTION AND PROCEDURAL RULINGS

2003-1964. State v. Conway.
Franklin C.P. No. 02CR063117. This cause is pending before the
court as a death penalty appeal from the Court of Common Pleas
of Franklin County. Upon consideration of the parties' joint motion
to supplement the record,
IT IS ORDERED by the court that the motion is granted and that
the Clerk of the Franklin County Court of Common Pleas shall certify
and transmit the following items to the Clerk of this court within twenty
days of the date of this entry: Defendant's Exhibits A-1 through A-11,
M-1 through M-7, M-11, M-12, and M-13, Defendant's Exhibits 18
and 19, and State's Exhibits I-1 through I-7.

2005-1492. State v. Baird.
Madison App. No. CA2003-09-034. This cause came on for further
consideration of appellant's motion to vacate this court's October 5,
2005, entry dismissing this appeal. Upon review thereof, the court
finds that the motion is, in substance, an untimely motion for
reconsideration under S.Ct.Prac.R. XI and should not have
been filed. Accordingly,
IT IS ORDERED by the court that the motion is stricken.

Later

Supreme Court of Ohio Says No to Tax Levy Decrease Initiative

THE STATE EX REL. RESIDENTS’ INITIATIVE VOTING ALLIANCE
ET AL.,APPELLANTS, v. CUYAHOGA COUNTY BOARD OF
ELECTIONS ET AL.,APPELLEES.

[Cite as State ex rel. Residents’ Initiative Voting Alliance v. Cuyahoga
Cty. Bd. of Elections, ___ Ohio St.3d ___, 2005-Ohio-5547.]
Elections — Referendum — Tax-levy decrease — Laches bars writ of
mandamus to compel placement on ballot.
(No. 2005-1086—Submitted October 12, 2005—Decided October 21, 2005.)
APPEAL from the Court of Appeals for Cuyahoga County, No. 85528.

Later

Thursday, October 20, 2005

10/20/2005 - Supreme Court of Ohio Case Announcements and Administrative Actions

MOTION AND PROCEDURAL RULINGS

2003-1572. State ex rel. Howard v. Indus. Comm.
Franklin App. No. 97AP-860. On June 3, 2005, appellee Industrial
Commission ofOhio filed a motion to initiate contempt proceedings
against appellant Gregory T. Howard. On August 10, 2005, the court
granted appellee's motion and ordered appellant to show cause why
he should not be held in contempt for failure to comply with this
court's March 3, 2004, and March 28, 2005, orders to pay appellees'
attorney fees. Upon consideration of the responses to the show cause
order,
IT IS ORDERED by the court that appellant Gregory T. Howard is
found to be in contempt.
IT IS FURTHER ORDERED by the court, sua sponte, that appellant
Gregory T. Howard is ordered to appear in person before this court
on November 29, 2005, at 9:00 a.m.

2005-1178. State v. Bolling.
Montgomery App. No. 20225, 2005-Ohio-2509. This cause is pending
before the court as an appeal from the Court of Appeals for Montgomery
County. It appearing to the court that appellant is without counsel,
IT IS ORDERED that the court of appeals shall appoint counsel for
appellant pursuant to S.Ct.Prac.R. III(7).
IT IS FURTHER ORDERED that a copy of this entry shall be sent to
the court of appeals by the Clerk of this court and that appointed counsel
shall file a copy of the court of appeals' entry of appointment with the
Clerk of this court.

2005-1303. State v. Mason.
Butler App. No. CA2004-06-154, 2005-Ohio-2918. This cause is pending
before the court as an appeal from the Court of Appeals for Butler County.
It appearing to the court that appellant is without counsel,
IT IS ORDERED that the court of appeals shall appoint counsel for
appellant pursuant to S.Ct.Prac.R. III(7).
IT IS FURTHER ORDERED that a copy of this entry shall be sent to the
court of appeals by the Clerk of this court and that appointed counsel shall
file a copy of the court of appeals' entry of appointment with the Clerk of
this court.

MISCELLANEOUS DISMISSALS

2005-1496. State ex rel. Johns Manville v. Housman.
Franklin App. No. 04AP-543, 2005-Ohio-3379. This cause is pending
before the court as an appeal from the Court of Appeals for Franklin
County. Upon consideration of appellant's application for dismissal,
IT IS ORDERED by the court that the application for dismissal is granted.
ACCORDINGLY, IT IS FURTHER ORDERED by the court that this cause
is dismissed.

MEDIATION REFERRALS

The following case has been referred to mediation pursuant to S.Ct.Prac.R.
XIV(6):
2005-1921. State ex rel. Vaughn Industries, LLC v. Ohio Dept. of Commerce.
Franklin App. No. 05AP-168, 2005-Ohio-5093.
The following cases have been returned to the regular docket pursuant to
S.Ct.Prac.R. XIV(6)(E):
2005-1162. State ex rel. Union Cty. Veterans Serv. Comm. v. Parrott.
In Mandamus.
2005-1483. State ex rel. Navistar Internatl. Transp. Corp. v. Indus. Comm.
Franklin App. No. 04AP-638, 2005-Ohio-3284.

Later

Moritz College of Law Updates Election Site

According to an e-mail received yesterday from Sara Sampson (Moritz Law Library at The Ohio State University Moritz College of Law)

"The Election Law @ Moritz web site has been completely re-designed and updated for the November 2005 election. There is some Ohio specific information (such as coverage of the election-related ballot issues); but the site generally has a national focus. The Moritz Law Library has helped create the pending litigation page, which contains information (including case documents) on 8 pending election-law cases. The e-Book on Election Law is an electronic treatise designed to both cover in-depth election issues and provide quick answers to voters' questions."

Later

Monday, October 17, 2005

Ohio General Assembly Latest Bill Introductions

SB 198 PROPERTY TAX DEFERRALS (Schuler) To permit elderly and disabled taxpayers with limited incomes to defer payment of real property taxes due on their homesteads. Am. & En. 319.202, 319.302, 323.01, 323.152, 323.153, 323.156, 323.157, 323.159, 323.99, 5713.011, 113.25, 135.90, 323.16, 323.161, 323.162, 323.163, 323.164, 323.165 & 5703.471 Full Text

SB 199 CONSUMER SALES/MORTGAGE BROKERS (Dann) To expand the Consumer Sales Practices Act to include transactions involving dealers in intangibles and their customers and to eliminate the requirement that information related to examinations and investigations of mortgage brokers remain privileged and confidential. Am. 1322.061 & 1345.01 Full Text

SB 200 SCHOOL FUEL TAX (Hagan, R.) To exempt from the motor fuel tax any sales of motor fuel sold to school districts or educational service centers for school district or service center operations. Am. 5735.05, 5735.06 & 5735.142 Full Text

SB 201 STATE PURCHASING (Dann) To revise the law governing contracts for the purchase of goods or services between a state agency or political subdivision and a business entity that makes certain campaign contributions, and to prohibit business entities that have entered into those contracts from making certain campaign contributions. Am. 3517.13, 3517.151 & 3517.992 Full Text

SB 202 CRIMINAL FORFEITURE (Dann) To clarify the criminal forfeiture provisions of the Corrupt Activity Law regarding the time at which forfeitures attach, the forfeiture of substitute property for forfeiture property that is unreachable or removed from a forfeiture order to protect the innocent persons, the availability under a forfeiture order of certain property transferred in an attempt to avoid potential forfeiture and the time at which an order to preserve the reachability of property that might be forfeitable under that law may be requested and attaches, and to declare an emergency. Am. 2923.32, 2923.33 & 2923.36 Full Text

SB 203 CAPITAL BUDGET BILL (Dann) To impose release, disclosure, hearing, and other requirements with respect to the biennial capital budget. Am. 126.03 & 126.04 Full Text

SB 204 FORECLOSURE PROCESS (Spada) To provide an expedited foreclosure procedure for lands that have had delinquent tax charges for a specified number of years and that are not occupied. En. 323.65, 323.66, 323.67, 323.68, 323.69, 323.70, 323.71, 323.72, 323.73, 323.74 & 323.75 Full Text

SB 205 LINKED DEPOSITS (Spada) To authorize boards of county commissioners to establish property tax payment linked deposit programs to assist senior citizens and permanently disabled citizens in paying property taxes on their homesteads. Am. & En. 135.353, 135.804, 135.805, 135.806 & 135.807 Full Text

HB 377 LOEO (Woodard) To reinstate the Legislative Office of Education Oversight and to make an appropriation. Am. Sec. 206.87 of Am. Sub. HB 66 Full Text

HB 378 MILITARY PAY (Ujvagi) To exempt from taxation military pay and allowances. Am. 5747.01 Full Text

HB 379 MULTIPLE SCLEROSIS (Yuko) To designated March as "Multiple Sclerosis Awareness Month." En. 5.2232 Full Text

HB 380 ADULT PROTECTIVE SERVICES (Miller) To provide funding to the Department of Job & Family Services for adult protective services and to make an appropriation. Full Text

HB 381 PREDATORY LENDING (McGregor, R.) To fund the enforcement of predatory lending laws. Am. Sec. 203.75 of Am. Sub. HB 66 Full Text

Later


10/14/2005 - Supreme Court of Ohio Case Announcements and Administrative Actions

MOTION AND PROCEDURAL RULINGS

2005-0934. State v. Sommer.

Fairfield App. No. 04CA36, 2005-Ohio-1707. This cause is pending before the
court as a discretionary appeal and claimed appeal of right. On May 20, 2005,
appellant filed a notice that a motion to certify a conflict was pending in the
court of appeals and, pursuant to S.Ct.Prac.R. IV(4)(A), this court stayed
consideration of the jurisdictional memoranda filed in this appeal. Whereas
appellant has neither notified this court that the court of appeals determined
that a conflict does exist as provided by S.Ct.Prac.R. IV(4)(B) nor filed a
copy of the court of appeals' order certifying the existence of a conflict
provided by S.Ct.Prac.R. IV(4)(C),
IT IS ORDERED by the court, sua sponte, that appellant show cause within
fourteen days of the date of this entry why this court should not proceed to
consider the jurisdictional memoranda in this appeal pursuant to S.Ct.Prac.R.
III(6).

2005-1176. Tobias, Kraus & Torchia v. Schlagel.
Hamilton App. No. C-040644. This cause is pending before the court as a
discretionary appeal. On June 30, 2005, appellant filed a notice that a motion
to certify a conflict was pending in the court of appeals and, pursuant to
S.Ct.Prac.R. IV(4)(A), this court stayed consideration of the jurisdictional
memoranda filed in this appeal. Whereas appellant has neither notified this
court that the court of appeals determined that a conflict does exist as
provided by S.Ct.Prac.R. IV(4)(B) nor filed a copy of the court of appeals'
order certifying the existence of a conflict provided by S.Ct.Prac.R. IV(4)(C),
IT IS ORDERED by the court, sua sponte, that appellant show cause within
fourteen days of the date of this entry why this court should not proceed to
consider the jurisdictional memoranda in this appeal pursuant to S.Ct.Prac.R.
III(6).

MISCELLANEOUS DISMISSALS

2004-1957. Corporate Property Assoc. v. Wood Cty. Bd. of Revision.
Board of Tax Appeals, No. 2002-N-1836. This cause is pending before the
court as an appeal from the Board of Tax Appeals. Upon consideration of
appellant's application for dismissal,
IT IS ORDERED by the court that the application for dismissal is granted.
ACCORDINGLY, IT IS FURTHER ORDERED by the court that this cause
is dismissed.

2005-1730. In re Subpoenas Issued to Lynd.
Scioto App. Nos. 04CA2966 and 04CA2978, 2005-Ohio-4607. This cause
is pending before the court as a discretionary appeal and claimed appeal
of right. It appears from the records of the court that the appellant has
not filed a memorandum in support of jurisdiction, due October 11, 2005
in compliance with the Rules of Practice of the Supreme Court and
therefore has failed to prosecute this cause with the requisite diligence.
Upon consideration thereof,
IT IS ORDERED by the court that this cause is dismissed sua sponte.

MEDIATION REFERRALS

The following cases have been referred to mediation pursuant to
S.Ct.Prac.R. XIV(6):
2005-1562. Natl. City Bank v. Wilkins.
Board of Tax Appeals, No. 2003-A-1328.
2005-1563. Natl. City Bank v. Wilkins.
Board of Tax Appeals, No. 2003-A-1327.
2005-1564. Natl. City Bank v. Wilkins.
Board of Tax Appeals, No. 2003-A-1329.
2005-1565. Natl. City Bank v. Wilkins.
Board of Tax Appeals, No. 2003-A-1326.
2005-1566. Natl. City Bank v. Wilkins.
3 10-14-05
Board of Tax Appeals, No. 2003-A-1330.
The following case has been returned to the regular docket pursuant to
S.Ct.Prac.R. XIV(6)(E):
2005-0899. State ex rel. Dobbins v. Indus. Comm.
Franklin App. No. 04AP-590, 2005-Ohio-1529.

MERIT DECISIONS WITH OPINIONS

2004-1417. Hardy v. Delaware Cty. Bd. of Revision, 2005-Ohio-5319.
Board of Tax Appeals, No. 2003-A-966. Decision affirmed.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor and Lanzinger,
JJ., concur.
O'Donnell, J., dissents.

2004-1811. Disciplinary Counsel v. Johnson, 2005-Ohio-5323.
On Certified Report by the Board of Commissioners on Grievances and
Discipline, No. 03-083. Christine Ann Johnson, Attorney Registration
No. 0070595, is suspended from the practice of law in Ohio for one year,
with six months stayed on conditions.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor, O'Donnell and
Lanzinger, JJ., concur.

2004-1812. Disciplinary Counsel v. Holland, 2005-Ohio-5322.
On Certified Report by the Board of Commissioners on Grievances
and Discipline, No. 03-082. Darrell Wendell Holland Jr., Attorney
Registration No. 0022551, is suspended from the practice of law in
Ohio for one year.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor, O'Donnell and
Lanzinger, JJ., concur.

2005-0367. Cuyahoga Cty. Bar Assn. v. Lazzaro, 2005-Ohio-5321.
On Certified Report by the Board of Commissioners on Grievances
and Discipline, No. 04-038. Charles Blaise Lazzaro, Attorney Registration
No. 0022281, is suspended from the practice of law in Ohio for two years,
with one year stayed on conditions.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor, O'Donnell and
Lanzinger, JJ., concur.

2005-0569. In re Application of Olterman, 2005-Ohio-5324.
On Report by the Board of Commissioners on Character and Fitness,
No. 286. The application of William Ward Olterman to take the Ohio
bar examination is denied.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor, O'Donnell and
Lanzinger, JJ., concur.

2005-0790. Disciplinary Counsel v. May, 2005-Ohio-5320.
On Certified Report by the Board of Commissioners on Grievances
and Discipline, No. 04-063. Neal Allan May, Attorney Registration
No. 0062317, is suspended from the practice of law in Ohio for two years,
all stayed on conditions.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor, O'Donnell and
Lanzinger, JJ., concur.