Ohio Law

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

Friday, February 03, 2006

Columbus Metropolitan Library Wins "Barefoot" Appeal

In a case that has been dragging on since 2001, the Columbus (OH)
Metropolitan Library won a decision in the 10th District Court of Appeals
that upheld the library board's adoption of a patron code of conduct that
included a prohibition against bare feet. The court stated, "Furthermore,
because the prohibition against bare feet in the library is related to
governmental interests of protecting barefoot library patrons from
documented hazards within the library and preserving the economic
well-being of the library, we cannot conclude that the prohibition against
bare feet in the library is unreasonable."

Later

Latest Bill Introductions from the Ohio General Assembly

A lot of bills were introduced over the past few days. The one getting the most attention is the first one, SB 262, that attempts to allow inmate requests for DNA testing at any time.


SB 262 DNA TESTING (Goodman) To eliminate the former two-year window for applications for post-conviction DNA testing and instead allow an eligible inmate to request post-conviction DNA testing at any time if specified criteria are met. Am. 2953.72, 2953.73 & 2953.82 Full Text

SB 263 MINE SAFETY (Wilson) To create the Mine and Industrial Accident Emergency Operations Center, to require mining accidents to be reported to the Center, and to require miners to wear wireless emergency communication and tracking devices. Am. & En. 1561.48, 1565.12, 1567.54, 1567.57, 1567.99, 4931.41, 1567.83 Full Text

SB 264 ENVIRONMENTAL LAWS (Grendell) To require that state environmental laws be construed to be no more stringent than the laws' federal counterparts. En. 3745.50 Full Text

SB 265 AIR POLLUTION CONTROLS (Spada) To make changes in the Air Pollution Control Law regarding statutory construction, the costs of compliance with rules, permits to install, air quality monitoring, best available technology, and affirmative defenses in private civil actions. Am. 3704.02, 3704.03 & 3704.09 Full Text

SB 266 BLACK HISTORY MONTH (Kearney) To designate February as "Black History Month." En. 5.2232 Full Text

SB 267 DOMESTIC VIOLENCE (Gardner) To include children under the age of eighteen with whom an offender has had or has a dating relationship as victims under the domestic violence laws and to require mandatory transfer for criminal prosecution of a case involving a juvenile offender who is fourteen years of age or older, commits a homicide offense against such a child, and previously committed domestic violence against that child. Am. 2152.02, 2152.10, 2152.12, 2919.25, 2919.251, 2919.26, 3113.31 & 3113.33 Full Text

SB 268 INSURANCE COMPACT (Stivers) To adopt the Interstate Insurance Product Regulation Compact. Am. & En. 3901.48 & 3915.16 Full Text

SB 269 CHARITABLE DONATIONS (Amstutz) To exempt from the use tax items held by a person, but not for that person's own use, and donated to a charitable organization. Am. 5741.02 Full Text

SB 270 RETAINAGE (Cates) To modify provisions governing the practice of withholding a percentage of payment from contractors, subcontractors, and material suppliers in the form of retainage. Am. & En. 153.12, 153.13, 153.14, 4113.61, 4113.62, 5559.14 & 4113.63 Full Text

SCR 25 BLACK HISTORY MONTH (Miller, R.) Recognizing Black History Month in Ohio, February 2006. Full Text


HB 489 HIGHWAY DESIGNATION (Reinhard) To designate a portion of United States Route 30 within Crawford County the "Lieutenant Harry L. Martin Memorial Highway." En. 5533.75. Full Text

HB 490 HEALTH INSURING CONTRACTS (Reinhard) To require health insuring corporations to retroactively cover basic health care services provided by a provider prior to entering into a participation contract if the health insuring corporation enters into a participation contract with the provider. En. 1753.17. Full Text

HB 491 REAL ESTATE BROKERS (Widener) To add definitions to real estate broker law and to expand duties of licensees. Am. & En. 4735.01, 4735.16, 4735.18, 4735.51,4735.621, 4735.63, 4735.65 & 4735.75. Full Text

HB 492 DEVELOPMENT RIGHTS (Wolpert) To permit townships, counties, and combinations of certain political subdivisions to establish transfer of development rights programs. En. 303.024, 307.071, 505.708, 519.023, & 713.16. Full Text

HB 493 RESIDENTIAL FIRE EQUIPMENT (Chandler) To require fire extinguishers and carbon monoxide detectors in residential buildings and residential units, to direct the Board of Building Standards to adopt rules that establish product and installation standards for fire extinguishers and carbon monoxide detectors, to require transferors of residential real property to disclose whether fire extinguishers and carbon monoxide detectors are installed in their property, and to prohibit a transferor of residential real property from entering into a transfer agreement unless fire extinguishers and carbon monoxide detectors are installed as the bill requires. Am. 3781.10, 3781.104 & 5302.30. Full Text

HB 494 VEHICLE REGISTRATION (Fessler) To prohibit the inclusion of Social Security numbers on motor vehicle registration renewal notices. Am. 4503.102. Full Text

HB 495 SEX OFFENSE SENTENCES (Cassell) To allow a court in sentencing an offender for a sex offense to require the offender to reimburse the appropriate entity for the costs of any medical tests performed on the offender that are related to that sex offense. Am. 2907.28 Full Text

HB 496 AIR POLLUTION LAWS (Widener) To make changes in the Air Pollution Control Law regarding statutory construction, the costs of compliance with rules, permits to install, air quality monitoring, best available technology, and affirmative defenses in private civil actions. Am. 3704.02, 3704.03 & 3704.09 Full Text

HB 497 RETAINAGE (Hagan) To modify provisions governing the practice of withholding a percentage of payment from contractors, subcontractors, and material suppliers in the form of retainage. Am. & En. 153.12, 153.13, 153.14, 4113.61, 4113.62, 5559.14 & 4113.63 Full Text

HB 498 PRESNELL HIGHWAY (Book) To designate State Route Number 93 within Lawrence County the "Glenn Presnell Memorial Highway." En. 5533.801 Full Text

HB 499 GENOCIDE REMEMBRANCE (Book) To designate April 24 of each year "Armenian Genocide Remembrance Day." En. 5.2230 Full Text

HB 500 CORD BLOOD DONATION (Gilb) To require the Director of Health to establish the Cord Blood Donation Program. En. 3701.63 Full Text

HB 501 REAGAN DAY (Hood) To designate February 6 as "Ronald Reagan Day." En. 5.2232 Full Text

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Thursday, February 02, 2006

2/2/2006 - Supreme Court of Ohio Case Announcements

MOTION AND PROCEDURAL RULINGS

2005-0201. Gass v. Massachusetts Mut. Life Ins. Co.
Summit App. No. 21956. This cause is pending before the court as an
appeal from the Court of Appeals for Summit County. On July 26, 2005,
this court stayed proceedings in this case pending the resolution of related
proceedings before the United States Court of Appeals for the Third Circuit.
IT IS ORDERED by the court, sua sponte, that the appellant file a notice
advising this court of the status of the federal court proceedings within
ten days of the date of this entry.

MISCELLANEOUS DISMISSALS

2006-0024. State v. Fentress.
Cuyahoga App. No. 85835, 2005-Ohio-5851. This cause is pending before
the court as a discretionary appeal and claimed appeal of right. On January
5, 2006, when this appeal was filed, a check in the amount of $40.00 was
submitted by counsel for appellant to satisfy the requirement of the docket
fee imposed by R.C. 2503.17 and S.Ct.Prac.R. XV(1). This court has been
informed by the Office of the Treasurer of the State of Ohio that the check
was returned because of insufficient funds. Whereas R.C. 2503.17 and
S.Ct.Prac.R. XV(1) require that the docket fee shall be paid before a notice
of appeal is filed or a case is docketed, IT IS ORDERED by the court,
sua sponte, that this cause is dismissed.

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Wednesday, February 01, 2006

Butler County Sheriff Sends Bill to DHS for Jailed Illegal Immigrants

Butler County Sheriff Richard K. Jones has sent a bill totaling $125,000 to the Department of Homeland Security because he's angry that the government has failed to keep the illegals out of his county. Here's more information.

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2/1/2006 - Supreme Court of Ohio Case Announcements

Wednesday, Feb. 1, 2006

2003-2099. State v. Hancock, 2006-Ohio-160.
Warren C.P. No. 00CR19073. Judgment affirmed in part and vacated in part,
and cause remanded for further proceedings.
Moyer, C.J., Pfeifer, O'Connor and Lanzinger, JJ., concur.
Resnick, Lundberg Stratton and O'Donnell, JJ., concur in part and
dissent in part.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2006/2006-Ohio-160.pdf
Summary: Court Affirms Conviction for Lebanon Prison Murder, Orders
New Sentencing Process

2004-1465. State ex rel. Loyd v. Lovelady, 2006-Ohio-161.
Cuyahoga App. No. 83090, 2004-Ohio-3617. 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/0/2006/2006-Ohio-161.pdf
Summary: Law Creating Substantive Right That Conflicts With Court Rule
Upheld As Constitutional

2004-1560. Cousino Constr. Co. v. Wilkins, 2006-Ohio-162.
Board of Tax Appeals, No. 2002-N-919. Decision affirmed in part and
reversed in part, and cause remanded.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor, O'Donnell and
Lanzinger, JJ., concur.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2006/2006-Ohio-162.pdf
Summary: Court Rules Janitorial Services Used by General Contractors are
Subject to Use Tax

2005-1184. Cleveland Bar Assn. v. Nosan, 2006-Ohio-163.
On Certified Report by the Board of Commissioners on Grievances and
Discipline, No. 03-059. Bernard J. Nosan, Attorney Registration
No. 0032097, is suspended from the practice of law in Ohio for six months,
stayed on conditions.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor and Lanzinger, JJ.,
concur. O'Donnell, J., not participating.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2006/2006-Ohio-163.pdf
Summary: Attorneys at law — Misconduct — Aiding a nonlawyer in the
practice of law — Sharing legal fees with a nonlawyer — Forming a
partnership with a nonlawyer — Charging a clearly excessive fee —
Six-month suspension stayed on conditions.



2005-1857 and 2005-1911. State v. Skimmerhorn, 2006-Ohio-164.
Hamilton App. No. C-040716, 162 Ohio App.3d 762, 2005-Ohio-4300.
Judgment reversed and cause remanded.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor, O'Donnell
and Lanzinger, JJ., concur.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2006/2006-Ohio-164.pdf
Summary: Criminal procedure — Pretrial suppression motion —
Court of appeals’ judgment reversed and cause remanded to trial
court for further proceedings consistent with State v. Edwards.



Later

Taft Quickly Signs Election Law After Passage

HB3, legislation that extensively rewrites election law to require voter identification at the polls, toughen ballot issue requirements and align state regulations with the federal Help America Vote Act cleared the legislature Tuesday despite the objection of minority Democrats.

Governor Taft signed the bill mere hours after passage because of the required 90-day delay before the effective date, the closeness of the May 2 primary, and the mandates emanating from the Help America Vote Act.

The notice required to be sent to voters concerning identification requirements is:

ORC 3501.19(B)(3)

"Voters must bring identification to the polls in order to verify identity. Identification may include a current and valid photo identification, a military identification that shows the voter's name and current address, or a copy of a current utility bill, bank statement, government check, paycheck, or other government document, other than this reminder or a voter registration notification, that shows the voter's name and current address. Voters who do not provide one of these documents will still be able to vote by providing the last four digits of the voter's social security number and by casting a provisional ballot. Voters who do not have any of the above forms of identification, including a social security number, will still be able to vote by signing an affirmation swearing to the voter's identity under penalty of election falsification and by casting a provisional ballot."

The ID requirements will not be in effect for the May primary, but will be in effect for any election taking place after August 1, 2006. The notices must go out 60 days prior to the election.

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Tuesday, January 31, 2006

HeinOnline Announces New Content

Just received an e-mail that HeinOnline now offers libraries containing U.S. Federal Legislative Histories and U.S. Statutes at Large. For those of you without subscriptions to this service, find a library that does and utilize it.

Later

Those Online ORC Annotations? Forget About It

David Whelan reports that as soon as the word got out that you get the annotated ORC for free, the annotations were removed. We'll keep an eye on this one.

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1/31/2006 - Supreme Court of Ohio Case Announcements

MOTION AND PROCEDURAL RULINGS

2005-1621. Ohio Consumers' Counsel v. Pub. Util. Comm.
Public Utilities Commission, No. 04-1931-EL-AAM. This cause is pending
before the court as an appeal from the Public Utilities Commission of Ohio.
Upon consideration of the motion for leave to intervene as appellee of First
Energy Corp., on behalf of Ohio Edison Company, The Cleveland Electric
Illuminating Company, and The Toledo Edison Company,
IT IS ORDERED by the court that the motion for leave to intervene is
granted.

2005-1679. Ohio Consumers' Counsel v. Pub. Util. Comm.
Public Utilities Commission, No. 04-1645-EL-AAM. This cause is pending
before the court as an appeal from the Public Utilities Commission of Ohio.
Upon consideration of the motion for leave to intervene as appellee of the
Dayton Power & Light Co.,
IT IS ORDERED by the court that the motion for leave to intervene is
granted.

MISCELLANEOUS DISMISSALS

2005-0710. Garcia v. O'Rourke.
Gallia App. No. 04CA7, 2005-Ohio-1034. This cause is pending before
the court as an appeal from the Court of Appeals for Gallia County. Upon
consideration of the appellants' application for dismissal,
IT IS ORDERED by the court that the application for dismissal is granted.
Accordingly, this cause is dismissed.

MISCELLANEOUS ORDERS

2004-0817. Cleveland Bar Assn. v. CompManagement, Inc.
Board of Commissioners on the Unauthorized Practice of Law,
No. UPL 02-04. On January 19, 2006, relator filed a motion for limited
order of remand for purposes of clarification regarding the Board's
December 14, 2005 final report on remand. Respondent filed a response
on January 19, 2006. On January 24, 2006, the Board on the Unauthorized
Practice of Law filed an amended final report on remand. Upon consideration
thereof, It is ordered by the court that the motion for limited order of remand
is denied as moot. The show cause order issued by the court on December 30,
2005, remains in effect. Pursuant to the joint stipulated extension of time filed
on January 4, 2006, any objections and brief in support shall be filed on or
before February 8, 2006.

Later

Anderson's Free Online Ohio Revised Code Now Offers Annotations

David Whelan of the Cincinnati Law Library Association reports the following:

"Anderson has added annotations, legislative commentary, and more to its free version of the Ohio Revised Code, online. This was a useful service in the past, but it's even better now that you get case citations and cross-references to secondary materials like Ohio Jurisprudence 3d.

The case citations are not cross-linked but the statutes are, so you can jump around the ORC without having to retype your citations. I tested the citation list against the Lexisone free case law search. There are fewer citations (Lexisone brought up 41 cases in the past 2 years citing ORC § 2903.06 while there are far fewer annotated cites for the same time period in Andersons ORC online) but it doesn't diminish the great enhancement the case annotations provide.

Keen eyes will have noted that both the Lexisone free case law cite and Anderson are LexisNexis subsidiaries. "

Later

Ohio Income Taxes Cut 4.2% This Filing Season

A news release from the Ohio Department of Taxation announced that this year’s tax cut is the first of five scheduled as part of a cut totaling 21% or nearly $2.2 billion annually when fully phased in five years. Taxpayers with taxable income of $10,000 or less will pay no tax.

Later

Monday, January 30, 2006

1/30/2006 - Supreme Court of Ohio Case Announcements

MERIT DECISIONS WITHOUT OPINIONS

2005-1900. Vectren Energy Delivery of Ohio, Inc. v. Pub. Util. Comm.
Public Utilities Commission, No. 02-220-GA-GCR. On motion to dismiss.
Motion to dismiss granted. Cause dismissed.
Moyer, C.J., Resnick, Lundberg Stratton, O'Connor, O'Donnell and
Lanzinger, JJ., concur.
Pfeifer, J. dissents.

DISCIPLINARY CASES

2004-0495. Disciplinary Counsel v. King.
On application for reinstatement of James C. King, Attorney Registration
No. 0000774. Application granted and respondent reinstated to the
practice of law in Ohio.

MISCELLANEOUS DISMISSALS

2005-2378. Lawrence v. Edon.
Williams App. No. WM-05-001, 2005-Ohio-5883. This cause is pending before
the court as a discretionary appeal and claimed appeal of right. On December
19, 2005, when this appeal was filed, a check in the amount of $40.00 was
submitted by counsel for appellant to satisfy the requirement of the docket fee
imposed by R.C. 2503.17 and S.Ct.Prac.R. XV(1). This court has been informed
by the Office of the Treasurer of the State of Ohio that the check was returned
because of insufficient funds. Whereas R.C. 2503.17 and S.Ct.Prac.R. XV(1)
require that the docket fee shall be paid before a notice of appeal is filed or a
case is docketed, IT IS ORDERED by the court, sua sponte, that this cause
is dismissed.


MISCELLANEOUS ORDERS

In re Report of the Commission on
Continuing Legal Education.
Matthew Paul Kammerer
(#0055438)
Respondent.
ORDER
This matter originated in this court on the filing of a report by the
Commission on Continuing Legal Education (“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, including the above-named respondent, for
failure to comply with the provisions of Gov.Bar R. X, Attorney Continuing Legal
Education, for the 2000-2001 reporting period.
On April 10, 2003, this court adopted the recommendation of the
commission, imposed a sanction fee upon the respondent, and suspended the
respondent from the practice of law pursuant to Gov.Bar R. X(6)(B)(3) and
(5)(A)(4). The court further ordered that respondent shall not be reinstated to
the practice of law in Ohio until respondent complies with the requirements for
reinstatement set forth in Gov.Bar R. X(7), respondent complies with the Supreme
Court Rules for the Government of the Bar of Ohio, respondent complies with this
and all other orders of the court, and this court orders respondent reinstated.
On January 11, 2006, the commission filed a recommendation pursuant to
Gov.Bar R. X(7)(B)(2) finding that the respondent has paid all fees assessed for
noncompliance, has made up all deficiencies and is now in full compliance with all
requirements of Gov.Bar R. X, and recommending that the respondent be
reinstated to the practice of law in Ohio. The commission certified that respondent
had completed the credit hours of continuing legal education required during his
suspension by this court’s order of suspension. On January 24, 2006, respondent
satisfied all the requirements of this court’s order of suspension. Upon
consideration thereof,
IT IS ORDERED by the court that the recommendation of the commission is
adopted and respondent, Matthew Paul Kammerer, is hereby reinstated to the
practice of law.


Later

Department of Taxation Offers New Database

The Ohio Department of Taxation has published a searchable, electronic database of taxpayers registered to pay the Commercial Activity Tax. The database is available on the ODT web site.

Later

New Information Releases from the Ohio Department of Taxation

The Ohio Department of Taxation (ODT) has recently issued four Information Releases pertaining to the Commercial Activity Tax. All releases are published on the ODT web site:

CAT 2006-01 Applicable Excise Tax Rates for Purposes of the Commercial
Activity Tax, Issued January 2006

CAT 2005-18 Temporary Motor Fuel Exemptions From the Commercial
Activity Tax – DRAFT UPDATED, Second Version

CAT 2005-17 "Taxable Gross Receipt" Defined (PDF)
UPDATED (Revised January, 2006)

CAT 2005-05 Application of "Common Owners" and Joint Ventures –
DRAFT UPDATED, Fourth Version

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