Ohio Law

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

Friday, March 17, 2006

Latest Bill Introductions from the Ohio General Assembly

SB 294 SALES TAX COLLECTIONS (Amstutz) To delay the date when vendors must convert from origin-based situsing to destination-based situsing for the purposes of determining the appropriate sales tax jurisdiction in which a sale is taxable and to eliminate the plan for delayed transition to destination-based sourcing for vendors with limited Ohio sales. Am. 5739.03, 5739.031, 5739.033, 5739.034, 5739.035, 5739.123 & 5741.02, Full Text

SB 295 ANIMAL FACILITIES (Carey) To expand the notification requirements pertaining to concentrated animal feeding facilities by requiring applicable county and township officials to be notified regarding proposals for the establishment or certain expansions of any concentrated animal feeding facilities rather than only proposals involving major concentrated animal feeding facilities. Am. 307.204 & 505.266 Full Text

SB 296 VOLUNTEER COACHES (Fedor) To require the Ohio Parks and Recreation Associatoin to develop a coach's conduct and ethics policy for volunteer coaches involved in recreational youth athletics; to make those coaches subject to a criminal records check and prohibit their use if they have been convicted of or pleaded guilty to specified offenses and to exempt recreational youth athletics organizations and entities from the criminal recors check fee requirement. Am. & En. 109.57, 109.572, 109.575, 109.576, 109.577, 121.402 & 1541.80 Full Text

HB 535 VIETNAM (McGregor, J.) To designate April 29 of each year "Heritage and Freedom Flag of the Former Republic of Vietnam Day." En. 5.2234 Full Text

HB 536 INSURANCE ASSOCIATION (Faber) To exempt the Ohio Insurance Guaranty Association from being obligated to pay more than a single three hundred thousand dollar claim for injury or death to any one person and a claim of an insured whose net worth exceeds $50 million Am. 3955.01 & 3955.12 Full Text

HB 537 SEX OFFENSES (Smith, G.) To require that a person convicted of rape when the victim is less than 13 or when the person purposely compels the victim to submit by force or threat of force be sentenced to an indefinite prison term of 25 years to life, to require that a person convicted of gross sexual imposition when the victim is less than 13 be sentenced to an indefinite prison term of 15 or 25 years to life, to require that a person so sentenced serve that term under the Sexually Violent Predator Law as if a sexually violent predator and automatically is classified a sexual predator for the SORN Law, and to permit the court to subject a person so sentenced to supervision with an active global positioning system device if released from a state correctional institution. Am. 109.42, 2743.191, 2907.02, 2907.05, 2921.34, 2929.01, 2929.13, 2929.14, 2929.19, 2930.16, 2941.148, 2950.01, 2950.09, 2950.11, 2967.12, 2967.121, 2971.03, 2971.04, 2971.05, 2971.06, 2971.07, 5120.49, 5120.61, 5120.66 & 5149.10 Full Text

Public Records Law Passes Out of Ohio House

HB 9, a law that will change Ohio's Public Records Law, passed the Ohio House on Wednesday by a count of 93-1 and was sent to the Senate. The bill's preamble states the law will:

...create the office of Public Access Counselor in the Court of Claims, to create a library records commission in each public library and a special taxing district records commission in each special taxing district, to allow a concealed carry licensee to prohibit the disclosure of the licensee's information to a journalist, to revise the records commissions laws, and to eliminate the provision that certain records made by a public accountant incident to an audit of a public office or private entity are not public records.

Later

3/17/2006 - Supreme Court of Ohio Case Announcements

THE STATE EX REL. CINCINNATI ENQUIRER, DIVISION
OF GANNETT SATELLITE INFORMATION NETWORK,
INC., APPELLANT, v. DANIELS, INTERIM HEALTH
COMMISSIONER, ET AL., APPELLEES.

[Cite as State ex rel. Cincinnati Enquirer v. Daniels,
___ Ohio St.3d ___, 2006-Ohio-1215.]

SYLLABUS OF THE COURT
1. Lead-risk-assessment reports maintained by the Cincinnati Health Department
and lead-citation notices issued to property owners of units reported to be
the residence of children whose blood test results indicate elevated lead
levels do not contain "protected health information" as that term is defined
by the Health Insurance Portability and Accountability Act (“HIPAA”).

2. Even if the requested lead-citation notices and lead-risk-assessment reports did
contain "protected health information" as defined by the Health Insurance
Portability and Accountability Act (“HIPAA”), and even if the Cincinnati
Health Department operated as a "covered entity" pursuant to HIPAA, the
citation notices and lead-risk-assessment reports would still be subject to
disclosure under the "required by law" exception to the HIPAA privacy
rule because the Ohio Public Records Law requires disclosure of these
reports and HIPAA does not supersede state disclosure requirements.

3. A request for attorney fees made by a prevailing party in a public-records
mandamus action will be denied where the case presents a matter of first
impression because courts should not engage in the practice of punishing a
party to a lawsuit for taking a rational position on a justiciable unsettled
legal issue.


DISCIPLINARY CASES

2001-1816. Columbus Bar Assn. v. Farkas.
On February 3, 2006, respondent, Jeffrey W. Farkas, filed an application for
termination of probation. Upon consideration thereof, the court finds that
respondent has substantially complied with Gov.Bar R. V(9)(D) and with its order
dated December 26, 2003, in which the court stayed respondent’s suspension and
placed him on monitored probation for one year.
THEREFORE, IT IS ORDERED by this court that the probation of
respondent, Jeffrey W. Farkas, Attorney Registration No. 0061547, last known
address in Blacklick, Ohio, be, and hereby is, terminated.
IT IS FURTHER ORDERED that the Clerk of this court issue certified
copies of this order as provided for in Gov.Bar R. V(8)(D)(1), that publication be
made as provided for in Gov.Bar R. V(8)(D)(2), and that respondent bear the costs
of publication.

2004-1418. Cleveland Bar Assn. v. Herron.
On August 25, 2004, the Board of Commissioners on Grievances and Discipline
filed a final report in the office of the Clerk of this court pursuant to BCGD
Proc.Reg. 11(D), in which it accepted the agreement entered into by the relator,
Cleveland Bar Association, and the respondent, Mark P. Herron. The agreement
set forth the misconduct and the agreed, recommended sanction of a six month
suspension, stayed on conditions.
On September 24, 2004, this court, sua sponte, rejected the recommended
sanction and remanded the cause to the board for further proceedings pursuant to
Gov.Bar R. V(8)(D). Proceedings before the court were stayed until further order
of the court. On March 6, 2006, the board filed findings of fact, conclusions of
law, and order in which it found that there was no clear and convincing evidence
that respondent acted unethically, and it ordered the case dismissed. Therefore,
It is ordered by the court that case No. 2004-1418, Cleveland Bar
Association v. Herron, is dismissed.

06-110. Disciplinary Counsel v. McDaniel.
On Certified Order of the Supreme Court of Arizona, No. SB-05-0134D. Thomas
C. McDaniel, Attorney Registration No. 0056259, is suspended from the practice
of law in Ohio for six months.


MISCELLANEOUS DISMISSALS

2005-2308. State ex rel. Gidley v. Indus. Comm.
Franklin App. No. 04AP-1316, 2005-Ohio-5534. 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.

2006-0401. State v. Bankey.
Wood App. No. WD-05-014, 2005-Ohio-5878. This cause is pending before the
court as a discretionary appeal and claimed appeal of right. 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.


MISCELLANEOUS ORDERS

In re Report of the Commission on,
Continuing Legal Education.
Jefferson N. Schaffner
#0016235,
Respondent.
Case No. CLE-2005-16235
O R D E R
On November 16, 2005, the Commission on Continuing Legal
Education ("commission") filed its report recommending the
imposition of sanctions against certain attorneys for failure to
comply with the continuing legal education provisions of Gov.Bar R. X
for the 2003/2004 reporting period. On December 13, 2005, 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. On January 19, 2006, the court issued a sua sponte
order permitting the commission to consolidate its responses to the
respondents’ objections into a single answer to be filed no later than
March 13, 2006. On March 13, 2006, the commission filed its answer
and brief, which included a recommendation of dismissal of the
recommended sanction against respondent. On March 13, 2006,
respondent filed a motion requesting the court to issue order stating
respondent has shown good cause. There are no provisions under
Gov.Bar R. X for the filing of such a motion. Accordingly,
It is ordered by the court, sua sponte, that the motion is stricken.

MEDIATION REFERRALS

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

2006-0168. State ex rel. Carr v. Akron.
In Mandamus.

2006-0492. Dayton-Montgomery Cty. Port Auth. v. Montgomery
Cty. Bd. of Revision.
Board of Tax Appeals, No. 2004-A-1227.

The following case has been returned to the regular docket
pursuant to S.Ct.Prac.R. XIV(6)(E):

2005-1789. State ex rel. John Q. Public v. Etna Twp. Bd. of
Trustees. In Mandamus.

Later

Wednesday, March 15, 2006

Latest Bill Introductions from the Ohio General Assembly

HB 528 SOCIAL SECURITY NUMBERS (Fende) To specify that social security numbers are not public records and to require a public office to redact social security numbers contained within a public record and to notify the requester of public records of the redaction of information within a public record, including social security numbers, that are exempt from disclosure. Am. 149.43 Full Text


HB 529 ADOPTION/FOSTER CARE (Wagner) To revise the law governing adoption, foster care, and related laws regarding the Department of Job and Family Services. Am. 2101.11, 2151.421, 3107.014, 3107.031, 3107.032, 3107.10, 3107.12, 3107.141, 3107.61, 5103.16, and 5153.122; to amend, for the purpose of adopting a new section number as indicated in parentheses, sections 3107.031 (3107.032), 3107.032 (3107.034), and 3107.10 (3107.055); to enact new sections 3107.031 and 3107.10 and sections 3107.033, 3107.101, and 5103.0328. Full Text

HB 530 BUDGET CORRECTIONS/CAPITAL REAPPROPRIATIONS (Calvert) To make capital reappropriations for the biennium ending June 30, 2008, to make certain supplemental and capital appropriations and to provide authorization and conditions for the operation of state programs. Full Text

HB 531 SEWAGE SYSTEM RULES (Blasdel) To revise the requirements governing sewage treatment systems rules that the Public Health Council must adopt and to require the Director of Health to adopt rules developed with the Sewage Treatment System Advisory Committee that establish standards and guidelines for approving a sewage treatment system or components of a system. Am. 3718.02 & 3718.05. Full Text

HB 532 CHILD CARE STAFF (Fessler) To modify the definition of "child-care staff member." Am. 5104.01. Full Text

HB 533 VICIOUS DOG LAWS (Webster) To remove pit bulls from the definition of "vicious dog" in state law and to authorize the adoption of local ordinances or resolutions that define "dangerous dog" and "vicious dog" more broadly than state law defines those terms. Am. 955.11 & 955.221. Full Text

HB 534 RAW MILK SALES (Setzer) To revise the law governing the gift or sale of raw milk to ultimate consumers. Am. & En. 917.01, 917.02, 917.04, 917.05 & 917.25. Full Text

SJR 8 ANTI-DISCRIMINATION AMENDMENT (Miller, R.) To amend Section 2 of Article I of the Constitution of the State of Ohio to prohibit the state or any political subdivision of the state from depriving any person of life, liberty or property without due process of law or from discriminating against any person within its jurisdiction on the basis of race, color, religion, national origin, or sex. Full Text

SB 284 ELECTION DECEPTION (Miller, R.) To prohibit any person from knowingly deceiving another regarding the time, place, or manner of conducting an election or the qualifications for or restrictions on voter eligibility, to provide for a criminal penalty and a private cause of action against any person who violates that prohibition, to require the Attorney General to investigate allegations of such a violation and, if necessary, take corrective measures, and to require the Attorney General to report to the General assembly after each election regarding allegations of violations relating to that election. En. 3517.25. Full Text

SB 285 WRONGFUL IMPRISONMENT (Miller, R.) To increase the amount of the judgment to be awarded a person who was imprisoned for a felony and proves that the person was a "wrongfully imprisoned individual" and to provide an additional set of circumstances in which a person qualifies as a "wrongfully imprisoned individual." Am. 117.52, 2305.02, 2743.48 & 2743.49. Full Text

SB 286 PAYDAY LOANS (Miller, R.) To prohibit check-cashing businesses from making loans to a customer who has an outstanding loan with another licensee, to create a statewide database of open loans at check-cashing licensees, and to change the permitted interest rate, fees, and duration of such loans. Am. & En. 1315.22, 1315.35, 1315.37, 1315.39, 1315.40, 1315. 41 & 1315.45. Full Text

SB 287 ADOPTION LAW (Niehaus) To revise the law governing adoption, foster care, and related laws regarding the Department of Job and Family Services. Am. & En. 2101.11, 2151.421, 3107.014, 3107.031, 3107.032, 3107.33, 3107.10, 3107.101, 3107.12, 3107.141, 3107.61, 5103.16, 5103.0328 & 5153.122. Am., for the purposes of adopting a new section number as indicated in parentheses, 3107.10 (3107.032), 3107.032 (3107.034) & 3107.10 (3107.055). Full Text

SB 288 AGRICULTURAL SOCIETY OFFICERS (Hagan, R.) Relative to the appointment and commissioning of county agricultural society police officers and to the training of those officers. Am. & En. 109.71, 109.73, 109.79, 1711.351 & 1711.352. Full Text

SB 289 SEWAGE TREATMENT RULES (Grendell) To revise the requirements governing sewage treatment systems rules that the Public Health Council must adopt and to require the Director of Health to adopt rules developed with the Sewage Treatment Advisory Committee that establish standards and guidelines for approving a sewage treatment system or components of a system. Am. 3718.02 & 3718.05. Full Text

SB 290 JAIL TERMS (Schuring) To authorize a definite jail term of not more than one year for petty theft if the offender, within five years of the offense, previously has been convicted of two or more offenses of theft. Am. 2913.02 Full Text

SB 291 AFRICAN AMERICAN HISTORY (Miller, R.) To establish the Amistad Commission to promote education on the history of the African slave trade, slavery, and the contributions of African Americans. Am. & En. 3313.60, 3314.03, 3301.80, 3301.81 & 3301.83 Full Text

SB 292 CONCEALED WEAPONS (Miller, R.) To permit political subdivisions to prohibit the carrying of concealed handguns in any park, swimming pool, sports field, or other outdoor premises or property owned, leased or otherwise under the control of the political subdivision. Am. 2923.122, 2923.124, 2923.126 & 2923.1212 Full Text

SB 293 SEWAGE SYSTEMS (Amstutz) To revise the requirements governing sewage treatment systems rules that the Public Health Council must adopt and to require the Director of Health to adopt rules developed with the Sewage Treatment System Advisory Committee that establish standards and guidelines for approving a sewage treatment system or components of a system. Am. 3718.02 to 3718.05 Full Text


3/15/2006 - Supreme Court of Ohio Case Announcements

Wednesday, March 15, 2006

2004-0574. Henderson v. Lawyers Title Ins. Corp., 2006-Ohio-906.
Cuyahoga App. No. 82654, 2004-Ohio-744. Judgment affirmed, and cause remanded for further proceedings.
Moyer, C.J., Resnick, Pfeifer, O'Connor and Edwards, JJ., concur.
Lundberg Stratton and Lanzinger, JJ., dissent.
Julie A. Edwards, J., of the Fifth Appellate District, sitting for O'Donnell, J.
Opinion: http://www.supremecourtofohio.gov/rod/newpdf/0/2006/2006-Ohio-906.pdf
Summary: Title Policy Delivered After Closing is Binding, Presumed to Offer ‘Usual and Customary’ Terms

2004-1279 and 2004-1696. State v. Threatt, 2006-Ohio-905.
Stark App. No. 2003CA00368, 2004-Ohio-3216. Judgment reversed.
Moyer, C.J., Resnick, Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur.
Pfeifer, J., dissents for the reasons stated in his separate opinion in State v. White , 103 Ohio St.3d 580, 2004-Ohio-5989, 817 N.E.2d 393.
Opinion: http://www.supremecourtofohio.gov/rod/newpdf/0/2006/2006-Ohio-905.pdf
Summary: State May Use Garnishment, Other Methods to Collect Court Costs from Indigent Offender

2004-2108. Disciplinary Counsel v. Kafele, 2006-Ohio-904.
On Final Report by the Board on the Unauthorized Practice of Law, No. UPL 03-09. Ajamu M. Kafele is enjoined from conduct that constitutes the unauthorized practice of law, and civil penalty is imposed.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur.
Opinion: http://www.supremecourtofohio.gov/rod/newpdf/0/2006/2006-Ohio-904.pdf

2005-0612. State ex rel. Physicians Commt. for Responsible Medicine v. Ohio State Univ. Bd. of Trustees, 2006-Ohio-903.
In Mandamus. Writ denied.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur.
Opinion: http://www.supremecourtofohio.gov/rod/newpdf/0/2006/2006-Ohio-903.pdf
Summary: Medical Research Files Exempt From Disclosure Under Exception to Public Records Act


2005-1116. State ex rel. Ganu v. Willow Brook Christian Communities, 2006-Ohio-907.
Franklin App. No. 04AP-331, 2005-Ohio-2296. Judgment affirmed.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur.
Opinion: http://www.supremecourtofohio.gov/rod/newpdf/0/2006/2006-Ohio-907.pdf


Tuesday, March 14, 2006

Blackwell Agrees to Remove SSNs from Online Financial Documents

Ohio Secretary of State Ken Blckwell has agreed to remove Social Security numbers from financial documents posted on his agency's Web site and to take steps to prevent the numbers from being posted there in the future. He also agreed in a hearing before U.S. District Judge Michael Watson in Cincinnati to remove the numbers from any documents posted in the future. The settlement resolves a class-action lawsuit filed Thursday by a southwest Ohio truck driver whose Social Security number appeared on Blackwell's Web site without his knowledge.

Story was picked up from the Coshocton Tribune.

Later



3/14/2006 - Supreme Court of Ohio Case Announcements

MOTION AND PROCEDURAL RULINGS

2006-0046. Satullo v. Wilkins.
Board of Tax Appeals, No. 2003-M-2115. This cause is pending
before this court as an appeal from the Board of Tax Appeals.
Upon consideration of appellants' motion for leave to file a
surreply to appellee's reply to the response to the showcause order,
IT IS ORDERED by the court that the motion is denied.

MISCELLANEOUS DISMISSALS

2005-0570. State v. Kapsouris.
Mahoning App. No. 02 CA 230, 2005-Ohio-4476. This cause is
pending before the court as an appeal from the Court of Appeals
for Mahoning 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.

MISCELLANEOUS ORDERS

2006-0357. Cleveland Bar Assn. v. Woods.
On March 10, 2006, Brian J. Woods filed a document titled
"Motion to Dismiss Motion to Show Cause due to Lack of Jurisdiction."
The document is, in substance, an untimely response to the Motion
for Order to Show Cause filed by the Cleveland Bar Association on
February 21, 2006. Whereas Sup.Ct.Prac.R. XIV(1)(C) prohibits
untimely filings, It is ordered by the court, sua sponte, that the
document is stricken.

MEDIATION REFERRALS

The following case has been referred to mediation pursuant to
S.Ct.Prac.R. XIV(6):
2006-0447. State ex rel. Westhoven v. Yost.
Franklin App. No. 05AP-179, 2006-Ohio-211.

The following case has been returned to the regular docket
pursuant to S.Ct.Prac.R. XIV(6)(E):
2005-2133. State ex rel. Englemon v. Queen City Barrel Co.
Franklin App. No. 05AP-46, 2005-Ohio-5651.

Later

Supreme Court of Ohio Board Awards More than $370,000 to Victims of Attorney Theft

The Board of Commissioners of the Clients' Security Fund of Ohio (CSF) awarded $371,297 to 30 victims of attorney theft at its meeting on Friday, March 10, 2006. Fourteen former or suspended Ohio attorneys were found to have misappropriated client funds.

Later