Ohio Law

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

Friday, January 20, 2006

Latest Bill Introductions from the Ohio General Assembly

HB 477 NATURAL GAS TAX (Patton. T.) To temporarily reduce the natural gas distribution tax rates by one-half and to declare an emergency.

HB 478 UNIVERSITY CONSOLIDATION (Wagoner) To combine the University of Toledo and the Medical University of Ohio at Toledo. Am., En. & Rep. 145.011, 151.04, 154.01, 3305.01, 3307.01, 3333.045, 3334.01, 3345.04, 3345.12, 3345.17, 3345.31, 3345.32, 3345.50, 3345.51, 3345.71; 3364.01, 3364.02, 3364.03, 3364.04, 3364.05, 3364.06; 3350.01, 3350.02, 3350.03, 3350.04, 3350.05, 3360.01, 3360.02, 3360.03, 3360.04 & 3360.05

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1/20/2006 - Supreme Court of Ohio Case Announcements

MEDIATION REFERRALS

The following cases have been referred to mediation pursuant to
S.Ct.Prac.R. XIV(6):

2006-0003. State ex rel. Grimes Aerospace Co., Inc. v. Indus. Comm.
Franklin App. No. 04AP-1197, 2005-Ohio-6205.

2006-0052. State ex rel. Poneris v. Indus. Comm.
Franklin App. No. 05AP-111, 2005-Ohio-6208.

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Thursday, January 19, 2006

Latest Introductions from the Ohio General Assembly

SB 254 TELEPHONE SOLICITATIONS (Goodman) To prohibit a telephone solicitor or salesperson, in relation to a telephone solicitation or a call subsequently arising from that solicitation, from failing to disclose the physical location where the call is originated or received. Am. & En. 4719.06 & 4719.22 Full Text

SB 255 CREDIT FREEZE (Dann) To allow a consumer to place a security freeze on the consumer's credit report and a security alert in the consumer's credit report. En. 1349.60 to 1349.66 Full Text

SB 256 HEALTH CARE FUND (Brady) To require certain employers in this state who do not provide a specified amount of health care coverage to their employees to make contributions to a fund to be used to supplement this state's share of Medicaid costs. En. 5101.91, 5101.911, 5101.912, 5101.913, 5101.914 & 5101.915 Full Text

HB 469 ABORTION MEDICATION (Faber) Concerning distribution of medication that will or may result in abortion or termination of life and performance of medical procedures that will or may result in termination of life. Am. 4731.91 Full Text

HB 470 TELEPHONE SOLICITATIONS (Widowfield) To prohibit a telephone solicitor or salesperson, in relation to a telephone solicitation or a call subsequently arising from that solicitation, from failing to disclose the physical location where the call is originated or received. Am. & En. 4719.06 & 4719.22 Full Text

HB 471 HEALTH CARE FUND (Garrison) To require certain employers in this state who do not provide a specified amount of health care coverage to their employees to make contributions to a fund to be used to supplement this state's share of Medicaid costs. En. 5101.91, 5101.911, 5101.912, 5101.913, 5101.914 & 5101.915 Full Text

HB 472 CO-OP WEEK (Schneider) To designate the third week of May "Co-op Education Week." En. 5.2232 Full Text

HB 473 EDUCATION COLLECTIVE BARGAINING (Trakas) To require school district boards of education to establish through collective bargaining merit pay systems for classroom teachers and certain educational assistants, to eliminate continuing contracts for teachers and certain educational assistants employed by school districts, and to prohibit the State Board of Education from requiring a degree higher than a bachelor's degree or continuing education to obtain or renew an educator license for being a classroom teacher. Am. & En. 3313.42, 3313.64, 3314.08, 3314.10, 3316.07, 3317.01, 3317.02, 3317.022, 3317.023, 3317.08, 3317.082, 3317.11, 3317.12, 3317.13, 3317.14, 3317.16, 3317.19, 3319.02, 3319.08, 3319.081, 3319.082, 3319.088, 3319.10, 3319.11, 3319.111, 3319.12, 3319.17, 3319.172, 3319.18, 3319.22, 3319.283, 3323.14, 4117.09, 5126.24, 5705.412, 3317.141 & 3317.142 Full Text

HB 474 SCHOOL FACILITIES PAYMENTS (Wagoner) To permit the Ohio School Facilities Commission to enter into agreements with school districts that have not received state assistance for classroom facilities under which the districts will receive payments in lieu of participating in other state programs for classroom facilities assistance. En. 3318.60. Full Text

HB 475 GOODS DONOR IMMUNITY (Coley) To provide persons who donate consumer goods to a charitable agency with immunity from civil liability for harm that allegedly arises because the consumer goods are not fit for use. Am. 2305.37 Full Text

HB 476 ASSISTANCE DOGS (Raga) To revise the statutes governing dogs that assist persons with certain disabilities. Am. 955.011, 955.16, 955.43, 2913.01, 2913.02 & 2921.321. Full Text

HCR 35 Ronald Reagan Day (Hood) To recognize February 6, 2006 as Ronald Reagan Day. Full Text

HB 477 NATURAL GAS TAX (Patton. T.) To temporarily reduce the natural gas distribution tax rates by one-half and to declare an emergency. Full Text

HB 478 UNIVERSITY CONSOLIDATION (Wagoner) To combine the University of Toledo and the Medical University of Ohio at Toledo. Am., En. & Rep. 145.011, 151.04, 154.01, 3305.01, 3307.01, 3333.045, 3334.01, 3345.04, 3345.12, 3345.17, 3345.31, 3345.32, 3345.50, 3345.51, 3345.71; 3364.01, 3364.02, 3364.03, 3364.04, 3364.05, 3364.06; 3350.01, 3350.02, 3350.03, 3350.04, 3350.05, 3360.01, 3360.02, 3360.03, 3360.04 & 3360.05 Full Text

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1/19/2006 - Supreme Court of Ohio Case Announcements

MOTION AND PROCEDURAL RULINGS

1987-1614. State v. Benner.
Summit App. No. 12664. By entry filed December 28, 2005, this court ordered
that appellant’s sentence be carried into execution on Tuesday, February 7, 2006.
In order to facilitate this court’s timely consideration of any matters relating to the
execution of appellant’s sentence,
IT IS ORDERED by the court that the Chief Justice may suspend
application of any provisions of the Rules of Practice of the Supreme Court,
including, but not limited to, the filing requirements imposed by S.Ct.Prac.R.
XIV(1).
IT IS FURTHER ORDERED that service of documents as required by
S.Ct.Prac.R. XIV(2) shall be personal or by facsimile transmission.
IT IS FURTHER ORDERED that counsel of record for the parties shall
supply this court with a copy of any document relating to this matter that is filed in,
or issued by, any other court in this state or any federal court, as well as any
commutation, pardon, or warrant of reprieve issued by the Governor. A copy of
the document shall be delivered to the Office of the Clerk as soon as possible,
either personally or by facsimile transmission.

2005-0896. Theobald v. Univ. of Cincinnati.
Franklin App. No. 02AP-560, 160 Ohio App.3d 342, 2005-Ohio-1510. This cause
is pending before the court as an appeal from the Court of Appeals for Franklin
County. Upon consideration of the motion of amicus curiae Medical College of
Ohio Physicians to withdraw its merit brief,
IT IS ORDERED by the court that the motion is granted.

2005-0941. State v. Suttles.
Hamilton App. No. C-030908. This cause is pending before this court as an appeal
from the Court of Appeals for Hamilton County. Upon consideration of the
motion to withdraw as counsel filed by A. Norman Aubin,
IT IS ORDERED by the court that the motion is granted.
IT IS FURTHER ORDERED, sua sponte, that the Ohio Public Defender is
appointed to represent the appellant.

2006-0068. Harpster v. Advanced Elastomer Sys., L.P.
Summit App. No. 22684, 2005-Ohio-6919. This cause is pending before the court
as a discretionary appeal and claimed appeal of right. Upon consideration of
appellant's motion for stay of the court of appeals' judgment,
IT IS ORDERED by the court that the motion for stay is denied.
Lundberg Stratton, J., dissents.

MISCELLANEOUS DISMISSALS

2004-0001. Academy of Medicine of Cincinnati v. Aetna Health, Inc.
Hamilton App. Nos. C-030109, C-030110, and C-030111, 155 Ohio App.3d 310,
2003-Ohio-6194. This cause is pending before the court as an appeal from the
Court of Appeals for Hamilton County. Upon consideration of Community
Insurance Company d.b.a. Anthem Blue Cross & Blue Shield's application for
dismissal,
IT IS ORDERED by the court that the application for dismissal is granted.
Accordingly, the appeal of Community Insurance Company is dismissed.
IT IS FURTHER ORDERED by the court that the appeal of United
Healthcare of Ohio, Inc., remains pending.

2005-0561. State ex rel. Borden Chem., Inc. v. Mourn.
Franklin App. No. 03AP-1213, 2005-Ohio-1121. 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, this cause is dismissed.

MEDIATION REFERRALS

The following case has been referred to mediation pursuant to S.Ct.Prac.R.
XIV(6):
2006-0035. Polaris Commerce Center, LLC v. Delaware Cty. Bd. of Revision.
Board of Tax Appeals, No. 2004-B-1100.

The following cases have been returned to the regular docket pursuant to
S.Ct.Prac.R. XIV(6)(E):
2005-1770. State ex rel. Crocker v. Indus. Comm.
Franklin App. No. 04AP-820, 2005-Ohio-4390.

2005-1992. State ex rel. Cafaro Mgt. Co. v. Mabe.
In Mandamus.

2005-2070. Soin v. Greene Cty. Bd. of Revision.
Board of Tax Appeals, No. 2004-V-490.

MISCELLANEOUS ORDERS

In re Report of the Commission
on Continuing Legal Education.
O R D E R
This matter originated in this court on the filing of a report by the
Commission on Continuing Legal Education (the “commission”) pursuant to
Gov.Bar R. X(6)(A)(1)(b) and (A)(2)(d). The commission recommended the
imposition of sanctions against certain attorneys and judges, the respondents
herein, for failure to comply with the provisions of Gov.Bar R. X and Gov.Jud. R.
IV, Continuing Legal Education, for the 2003-2004 reporting period.
On December 13, 2005, pursuant to Gov.Bar R. X(6)(B)(1), this court issued
to each respondent an order to show cause on or before January 12, 2006, why the
commission’s recommendation should not be adopted. Pursuant to Gov.Bar R.
X(6)(B)(2), the commission may file an answer brief to any objections within
fifteen days of the filing of the objections.
IT IS ORDERED by the court, sua sponte, that the commission may
consolidate its responses to the respondents’ objections in a single answer brief
that shall be filed no later than March 13, 2006.
IT IS FURTHER ORDERED by the court, sua sponte, that the notice and
service requirements of Gov.Bar R. X(6)(C) shall not apply to this order, and
announcement and publication of this order by the Supreme Court Reporter in the
Ohio Official Reports and the Ohio State Bar Association Report shall constitute
notice to the respondents.

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Wickliffe Public Library Bans Unsupervised Schoolchildren

A report from American Libraries Online chronicles the problems one northeastern Ohio public library is having with unsupervised school-age children. Wickliffe Public Library has taken the step of bannig visits between 2:30 and 5:30 p.m. from youngsters under 14 unless accompanied by an adult or enrolled in a library program. According to WPL clerk-treasurer Richard Zalecky, the ban stemmed from the weekday arrival of some 100 youngsters who have drawn graffiti on the building’s exterior as well as in its restrooms, and who intimidate library visitors by loitering in large groups near the facility’s entrance. “We had to escort some people out because they were afraid of the crowd,” Zalecky said in the January 7 Cleveland Plain Dealer. Reactions have been mixed, but perhaps the most astute comment was made by Cleveland Heights–University Heights Public Library Director Steve Wood when he said, "these are tomorrow's taxpayers." You might add that they will be voting on library levies as well.

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Ohio House Passes Residency Bill

Ohio Senate Bill 82 was passed by the House yesterday 66-28. It's purpose is to enact section 9.481 of the Revised Code to generally prohibit political subdivisions from imposing residency requirements on certain employees. The bill would set a statewide residency standard for city police and firefighters and allow them to live outside municipal jurisdictions yet still qualify for service with that city. To put it more plainly, the bill would prohibit individual cities from requiring police and firefighters to be residents of their respective employer jurisdictions. According to the Gongwer Report (subscription service), various big city mayors are already contemplating lawsuits (Akron and Cleveland were specificially mentioned). The bill still allows cities to require that municipal employees live in the home county or one adjacent to it.

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Wednesday, January 18, 2006

1/18/2006 - Supreme Court of Ohio Decisions

Wednesday, Jan. 18, 2006

2003-1325. State v. Hand, 2006-Ohio-18.
Delaware C.P. No. 02CRI-08-366. Judgment affirmed.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, Singer, O'Donnell and Lanzinger, JJ., concur.
Arlene Singer, J., of the Sixth Appellate District, sitting for O'Connor, J.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2006/2006-Ohio-18.pdf
Summary: Court Affirms Convictions, Death Sentence in Galena Double Murder Case

2004-1286. State ex rel. York Internatl. Corp. v. Indus. Comm., 2006-Ohio-17.
Franklin App. No. 03AP-566, 2004-Ohio-3727. Judgment affirmed.
Moyer, C.J., Resnick, Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur.
Pfeifer, J., concurs separately.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2006/2006-Ohio-17.pdf
Summary: Workers’ compensation – Mandamus – Adequate remedy at law – R.C. 4123.522 – Due process – Failure to receive written notice of hearing and order does not violate due process when employer failed to seek relief under R.C. 4123.522.

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