Ohio Revised Code Search
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Section 128.01 | Definitions.
...o-telephone communications line used in cellular telephone service or personal communications service, a network radio access line, or any functional or competitive equivalent of such a radio-telephone communications or network radio access line. (2) Nothing in this chapter applies to paging or any service that cannot be used to call or contact 9-1-1. (G) "Wireless service provider" means any of the following t... |
Section 128.02 | Statewide 9-1-1 steering committee.
...m that association: (i) The Ohio telephone association; (ii) The Ohio chapter of the association of public-safety communications officials; (iii) The Ohio chapter of the national emergency number association. (b) The public-safety-answering-point-operations subcommittee shall include one member representing the division of emergency management of the department of public safety, one member representing th... |
Section 128.021 | Adoption of rules establishing technical and operational standards for public safety answering points.
...(A) Not later than January 1, 2014, and in accordance with Chapter 119. of the Revised Code, the steering committee shall adopt rules that establish technical and operational standards for public safety answering points eligible to receive disbursements under section 128.55 of the Revised Code. The rules shall incorporate industry standards and best practices for 9-1-1 services. Public safety answering points shall c... |
Section 128.022 | Guidelines for disbursements.
...(A) The steering committee shall establish guidelines for the tax commissioner to use when disbursing money from the 9-1-1 government assistance fund to countywide 9-1-1 systems in the state, as well as guidelines for the use of funds from the next generation 9-1-1 fund. The guidelines shall be consistent with the standards adopted in section 128.021 of the Revised Code and shall specify that disbursements may be use... |
Section 128.03 | Countywide 9-1-1 system.
...nstallation, and maintenance of the telephone network for a 9-1-1 system and the purchase or other acquisition, installation, and maintenance of customer premises equipment at a public safety answering point made in compliance with a final plan, including customer premises equipment used to provide wireless enhanced 9-1-1, are not subject to any requirement of competitive bidding. (G) Each emergency service provid... |
Section 128.05 | County 9-1-1 coordinator.
...Each county shall appoint a county 9-1-1 coordinator to serve as the administrative coordinator for all public safety answering points participating in the countywide 9-1-1 final plan described in section 128.03 of the Revised Code and shall also serve as a liaison with other county coordinators and the 9-1-1 program office. |
Section 128.06 | County 9-1-1 program review committee; final plan for countywide system.
...(A) Except as provided in divisions (B) and (C) of this section, every county shall maintain a county 9-1-1 program review committee, which shall serve without compensation and shall consist of six voting members as follows: (1) A member of the board of county commissioners, or a designee, who shall serve as chairperson of the committee; (2) The chief executive officer of the most populous municipal corporation... |
Section 128.07 | Final plan contents, filing.
...ed Code shall specify: (1) Which telephone companies serving customers in the county and, as authorized in division (A) of section 128.03 of the Revised Code, in an adjacent county will participate in the 9-1-1 system; (2) The location and number of public safety answering points; how the public safety answering points will be connected to a county's preferred next generation 9-1-1 system; from what geographic ... |
Section 128.08 | Resolution to approve or disapprove plan.
...this section is adopted, all of the telephone companies, subdivisions, and regional councils of governments included in the plan are subject to the specific requirements of the plan and to this chapter. |
Section 128.12 | Amendment of plan.
... rates and charges for the wireline telephone network portion of the 9-1-1 system. |
Section 128.20 | [Former R.C. 128.40, amended and renumbered by H.B. 33, 135th General Assembly, effective 10/3/2023] 9-1-1 program office, administrator.
...There is hereby created within the department of administrative services the 9-1-1 program office, headed by an administrator in the unclassified civil service pursuant to division (A)(9) of section 124.11 of the Revised Code. The administrator shall be appointed by and serve at the pleasure of the director of administrative services. The program office shall oversee administration of the 9-1-1 government assistance ... |
Section 128.21 | Next generation 9-1-1 core services system requirements and coordination.
...(A) The 9-1-1 program office shall coordinate and manage a statewide next generation 9-1-1 core services system. The office shall interoperate the system with Canada and the states that border this state. The office shall also manage the vendors supplying the equipment and services for the system to the department of administrative services. (B)(1) The statewide next generation 9-1-1 core services system shall be ... |
Section 128.211 | Ohio 9-1-1 plan.
...(A) Not later than six months after the effective date of this section , the 9-1-1 program office shall draft, submit, or update a state of Ohio 9-1-1 plan to the steering committee. The plan shall include all of the following: (1) A specific plan to address the amendments to this chapter by this act ; (2) Specific system details describing interoperability among counties, the states bordering this state, and C... |
Section 128.212 | Letter of coordination for state or federal 9-1-1 grant.
...(A) Any entity in this state that operates a 9-1-1 system, emergency services internet-protocol network, or public safety answering point and that pursues a 9-1-1 grant from the state or federal government shall present a letter of coordination from the 9-1-1 program office. (B) The letter of coordination shall state all of the following: (1) The entity described in division (A) of this section; (2) The spec... |
Section 128.22 | 9-1-1 program office powers.
...The 9-1-1 program office may do all of the following: (A) Expend funds from the 9-1-1 program fund for the purposes of 9-1-1 public education; (B) Coordinate, adopt, and communicate all necessary technical and operational standards and requirements to ensure an effective model for a statewide interconnected 9-1-1 system; (C) Collect and distribute data from and to public safety answering points, service prov... |
Section 128.221 | Use and protection of 9-1-1 data.
...(A) The data described in section 128.22 of the Revised Code shall be protected in accordance with applicable provisions of the Revised Code. Charges, terms, and conditions for the disclosure or use of that data provided by public safety answering points, service providers, and emergency service providers for the purpose of 9-1-1 shall be subject to the jurisdiction of the steering committee. (B) Data and informat... |
Section 128.23 | Duties of telecommunication service providers regarding 9-1-1 data.
...(A) Every telecommunication service provider able to generate 9-1-1 traffic within the state shall do all of the following: (1) Register with the 9-1-1 program office; (2) Provide a single point of contact to the 9-1-1 program office who has the authority to assist in location-data discrepancies, including 9-1-1 traffic misroutes and no-record-found errors; (3) Provide location data for all 9-1-1 traffic wit... |
Section 128.24 | Multiline telephone system 9-1-1 requirements.
... (1) Each operator of a multiline telephone system that was installed or substantially renovated on or after the effective date of this section , shall provide to the end user the same level of 9-1-1 service that is provided to other end users of 9-1-1 within the state. That service shall include the provision of either of the following, which shall satisfy the requirements of division (A)(3) of this section: (a... |
Section 128.241 | Business service user 9-1-1 requirements.
...ities, owns or controls a multiline telephone system or voice over internet protocol system in those facilities, and provides outbound dialing capacity from those facilities shall ensure both of the following: (A) In the case of a multiline telephone system that is capable of initiating a 9-1-1 call, the system is connected to the public switched telephone network in such a way that when an individual using the sy... |
Section 128.242 | Exemption for certain business service users.
...ly burdensome. (B) The multiline telephone system or voice over internet protocol system needs to be reprogrammed or replaced. (C) The business service user made a good-faith attempt to reprogram or replace the system. (D) The business service user agrees to place an instructional sticker next to the telephones that explains how to access 9-1-1 in case of emergency, provides the specific location where the d... |
Section 128.243 | Effect of preemption or conflict with federal law.
...Sections 128.241 and 128.242 of the Revised Code shall not apply if they are preempted by or in conflict with federal law. |
Section 128.25 | County contact for 9-1-1 discrepencies, misroutes, and boundary disputes.
...Each county shall provide a single point of contact to the 9-1-1 program office who has the authority to assist in location-data discrepancies, 9-1-1 traffic misroutes, and boundary disputes between public safety answering points. |
Section 128.26 | When next generation 9-1-1 service required.
...Not later than five years after the date that the statewide next generation 9-1-1 core services system is operationally available to all counties in the state, each county or, as applicable, each regional council of governments, shall provide next generation 9-1-1 service for all areas to be covered as set forth in the county's final plan or the council's agreement. |
Section 128.27 | Service provider duty to deliver 9-1-1 traffic.
...A service provider that operates within a county that participates in the statewide next generation 9-1-1 core services system or within the area served by a regional council of governments that participates in that system shall deliver the 9-1-1 traffic that originates in that geographic area to the next generation 9-1-1 core for that geographic area. |
Section 128.28 | Adherence to 9-1-1 program office standards.
...If a service provider or county participates in the statewide next generation 9-1-1 core services system, the service provider or county shall adhere to standards of the 9-1-1 program office, which may include standards created by the national emergency number association and the internet engineering task force. |
Section 128.33 | [Former R.C. 128.18, amended and renumbered by H.B. 33, 135th General Assembly, effective 10/3/2023] Determining rates and charges for wireline telephone network portion of 9-1-1.
...served and charged for the wireline telephone network portion of a basic or enhanced 9-1-1 system, and each telephone company that is a wireline service provider participating in the system shall be subject to those chapters, to the extent they apply, as to the service provided by its portion of the wireline telephone network for the system as described in the final plan, and as to the rates, tolls, classifications, ... |
Section 128.35 | [Former R.C. 128.22, amended and renumbered by H.B. 33, 135th General Assembly, effective 10/3/2023] Imposing charges on improved realty to pay for public safety answering points.
...(A)(1) For the purpose of paying the costs of establishing, equipping, and furnishing one or more public safety answering points as part of a countywide 9-1-1 system effective under division (B) of section 128.08 of the Revised Code and paying the expense of administering and enforcing this section, the board of county commissioners of a county, in accordance with this section, may fix and impose, on each lot or parc... |
Section 128.37 | [Former R.C. 128.25, amended and renumbered by H.B. 33, 135th General Assembly, effective 10/3/2023] Election on adding monthly charge to telephone bills to fund 9-1-1 system.
...lution imposing a monthly charge on telephone access lines to pay for the equipment costs of establishing and maintaining no more than three public safety answering points of a countywide 9-1-1 system, which public safety answering points shall be only twenty-four-hour dispatching points already existing in the county. The resolution shall state the amount of the charge, which shall not exceed fifty cents per month, ... |
Section 128.38 | [Former R.C. 128.26, amended and renumbered by H.B. 33, 135th General Assembly, effective 10/3/2023] Election on monthly charge on telephone access lines to fund certain systems.
...lution imposing a monthly charge on telephone access lines to pay for the operating and equipment costs of establishing and maintaining no more than one public safety answering point of a countywide 9-1-1 system. The resolution shall state the amount of the charge, which shall not exceed fifty cents per month, and the month the charge will first be imposed, which shall be no earlier than four months after the special... |
Section 128.39 | [Former R.C. 128.27, amended and renumbered by H.B. 33, 135th General Assembly, effective 10/3/2023] Billing and collection of charges.
...ormal monthly billing process, each telephone company with customers in the area served by a 9-1-1 system shall bill and collect from those customers any charge imposed under section 128.37 or 128.38 of the Revised Code. The company may list the charge as a separate entry on each bill and may indicate on the bill that the charge is made pursuant to approval of a ballot issue by county voters. Any customer billed by a... |
Section 128.40 | [Former R.C. 128.42, amended and renumbered by H.B. 33, 135th General Assembly, effective 10/3/2023] Wireless 9-1-1 charges ending January 1, 2024.
...-1 charges: (1) On each wireless telephone number of a wireless service subscriber who has a billing address in this state, a charge of twenty-five cents per month. The subscriber shall pay the wireless 9-1-1 charge for each such wireless telephone number assigned to the subscriber. Each wireless service provider and each reseller shall collect the wireless 9-1-1 charge as a specific line item on each subscriber's... |
Section 128.41 | Next generation 9-1-1 access fee - 40 cents on subscribers as of January 2, 2024.
...ans any wireless service, multiline telephone system, and voice over internet protocol system to which both of the following apply: (1) The service or system is registered to the subscriber's address within this state or the subscriber's primary place of using the service or system is in this state. (2) The service or system is capable of initiating a direct connection to 9-1-1. (B) After the expiration of t... |
Section 128.412 | Next generation 9-1-1 access fee - 25 cents on subscribers as of October 1, 2025.
...Beginning October 1, 2025, the next generation 9-1-1 access fee imposed under section 128.41 of the Revised Code shall be twenty-five cents per month and shall be imposed in the same manner as described in divisions (B) and (C) of that section. |
Section 128.413 | Exemption from access fee on subscribers.
...The following are exempt from the next generation 9-1-1 access fee imposed under section 128.41 of the Revised Code: (A) A subscriber of wireless lifeline service. (B) Wholesale transactions between telecommunications service providers where the service is a component of a service provided to an end user. This exemption includes network access charges and interconnection charges paid to a local exchange carrier... |
Section 128.414 | Collection of access fee on subscribers.
...Each service provider and each reseller shall collect the next generation 9-1-1 access fee imposed under section 128.41 of the Revised Code as a specific line item on each subscriber's monthly bill or point of sale invoice. The line item shall be the "Ohio Next Generation 9-1-1 Access Fee ([amount]/service/month)" or similar language. If a provider bills a subscriber for any other 9-1-1 costs that the provider may in... |
Section 128.42 | Next generation 9-1-1 access fee on prepaid wireless service.
...location associated with the mobile telephone number. (C) A prepaid wireless calling service priced below a single fee of less than ten dollars does not constitute a retail sale for purposes of this section. |
Section 128.421 | Collection of access fee on prepaid wireless service.
...Except as provided in division (B)(3) of section 128.422 of the Revised Code, the seller of the prepaid calling service shall collect the next generation 9-1-1 access fee imposed under section 128.42 of the Revised Code in the same manner as described in section 128.414 of the Revised Code. |
Section 128.422 | Calculation of access fee on prepaid wireless service; exempt service.
...(A) When a prepaid calling service is sold with one or more other products or services for a single, nonitemized price, the next generation 9-1-1 access fee imposed under section 128.42 of the Revised Code shall apply to the entire nonitemized price, except as provided in divisions (B)(1) to (3) of this section. (B)(1) If the amount of the prepaid calling service is disclosed to the consumer as a dollar amount, th... |
Section 128.43 | Both next generation 9-1-1 access fees exempt from state and local taxation.
...The next generation 9-1-1 access fee imposed under sections 128.41 and 128.42 of the Revised Code shall be exempt from state or local taxation. |
Section 128.44 | Notice of changes to wireless 9-1-1 charges.
...The tax commissioner shall provide notice to all known wireless service providers, resellers, and sellers of prepaid wireless calling services of any increase or decrease in the next generation 9-1-1 access fees imposed under sections 128.41 and 128.42 of the Revised Code. Each notice shall be provided not less than thirty days before the effective date of the increase or decrease. |
Section 128.45 | Records of wireless 9-1-1 charges or next generation 9-1-1 access fees collected.
...(A) Each entity required to bill and collect a wireless 9-1-1 charge under section 128.40 of the Revised Code or the next generation 9-1-1 access fee under section 128.414 or 128.421 of the Revised Code shall keep complete and accurate records of bills that include the charges and fees, together with a record of the charges and fees collected under those sections. The entities shall keep all related invoices and othe... |
Section 128.451 | [Former R.C. 128.45, amended and renumbered by H.B. 33, 135th General Assembly, effective 10/3/2023] Preservation and inspection of records.
...Records, invoices, and documents required to be kept under section 128.45 of the Revised Code shall be open during business hours to the inspection of the tax commissioner. They shall be preserved for a period of four years unless the tax commissioner, in writing, consents to their destruction within that period, or by order requires that they be kept longer. |
Section 128.46 | Filing returns; remitting charges and fees; subscriber liability; audit and assessment.
...(A)(1) An entity required to collect a wireless 9-1-1 charge under section 128.40 of the Revised Code or the next generation 9-1-1 access fee under section 128.414 or 128.421 of the Revised Code shall, on or before the twenty-third day of each month, except as provided in divisions (A)(2) and (3) of this section, do both of the following: (a) Make and file a return for the preceding month, in the form prescribed b... |
Section 128.461 | Interest on remitted charges.
...Every wireless 9-1-1 charge and next generation 9-1-1 access fee required to be remitted under section 128.46 of the Revised Code shall be subject to interest as prescribed by section 5703.47 of the Revised Code, calculated from the date the charge or fee was due under section 128.46 of the Revised Code to the date the charge or fee is remitted or the date of assessment, whichever occurs first. |
Section 128.462 | Limitations on assessments.
...(A) Except as otherwise provided in this section, no assessment shall be made or issued against an entity for any wireless 9-1-1 charge required to be collected under section 128.40 of the Revised Code or any next generation 9-1-1 access fee required to be collected under section 128.414 or 128.421 of the Revised Code more than four years after the return date for the period in which the sale or purchase was made, or... |
Section 128.47 | Refunds.
...(A) An entity required to collect a wireless 9-1-1 charge under section 128.40 of the Revised Code or the next generation 9-1-1 access fee under section 128.414 or 128.421 of the Revised Code, a subscriber, or a consumer may apply to the tax commissioner for a refund of charges or fees described in division (B) of this section and of any penalties assessed with respect to such charges. The application shall be made o... |
Section 128.52 | Sales subject to taxes on retail sales.
...(A) Each seller of a prepaid wireless calling service required to collect prepaid wireless 9-1-1 charges under section 128.40 of the Revised Code or next generation 9-1-1 access fees under section 128.421 of the Revised Code shall also be subject to the provisions of Chapter 5739. of the Revised Code regarding the excise tax on retail sales levied under section 5739.02 of the Revised Code, as those provisions apply t... |
Section 128.54 | Funds established for receipt, distribution, and accounting for amounts received from charges and fees.
...(A)(1) For the purpose of receiving, distributing, and accounting for amounts received from the wireless 9-1-1 charges imposed under section 128.40 of the Revised Code and the next generation 9-1-1 access fees imposed under sections 128.41 and 128.42 of the Revised Code, the following funds are created in the state treasury: (a) The 9-1-1 government assistance fund; (b) The 9-1-1 administrative fund; (c) The... |
Section 128.55 | Disbursement of government assistance fund monies.
...(A)(1) The tax commissioner shall disburse moneys from the 9-1-1 government assistance fund, plus any accrued interest on the fund, to each county treasurer in the same proportion distributed to that county by the tax commissioner in the corresponding calendar month of the previous year. Any shortfall in distributions resulting from the timing of funds received in a previous month shall be distributed in the followin... |
Section 128.57 | County systems receiving disbursements to provide wireless 9-1-1 service.
...(A) A countywide 9-1-1 system receiving a disbursement under section 128.55 of the Revised Code shall provide countywide wireless enhanced 9-1-1 in accordance with this chapter beginning as soon as reasonably possible after receipt of the first disbursement or, if that service is already implemented, shall continue to provide such service. Except as provided in divisions (B), (C), (E), and (F) of this section, a disb... |
Section 128.60 | Service providers to supply information; confidentiality.
...(A)(1) A telephone company, the state highway patrol as described in division (I) of section 128.03 of the Revised Code, and each subdivision or regional council of governments operating one or more public safety answering points for a countywide system providing wireless 9-1-1, shall provide the steering committee and the tax commissioner with such information as the steering committee and tax commissioner request f... |
Section 128.63 | Adoption of rules.
...The tax commissioner may adopt rules in accordance with Chapter 119. of the Revised Code to carry out this chapter, including rules prescribing the necessary accounting for the collection fee under division (B) of section 128.46 of the Revised Code. |
Section 128.96 | [Former R.C. 128.32, amended and renumbered by H.B. 33, 135th General Assembly, effective 10/3/2023] Immunity; prohibited conduct.
...for willful or wanton misconduct, a telephone company, and any other installer, maintainer, or provider, through the sale or otherwise, of customer premises equipment, or service used for or with a 9-1-1 system, and their respective officers, directors, employees, agents, suppliers, corporate parents, and affiliates are not liable in damages in a civil action for injuries, death, or loss to persons or property incurr... |
Section 128.98 | [Former R.C. 128.34, amended and renumbered by H.B. 33, 135th General Assembly, effective 10/3/2023] Proceedings to enforce compliance.
..., shall begin proceedings against a telephone company that is a wireline service provider to enforce compliance with this chapter or with the terms, conditions, requirements, or specifications of a final plan as to wireline or wireless 9-1-1. (B) The attorney general, upon the attorney general's own initiative, or any prosecutor, upon the prosecutor's initiative, shall begin proceedings against a subdivision or a r... |
Section 128.99 | Penalties.
...(A) Whoever violates division (F) of section 128.96 of the Revised Code is guilty of a misdemeanor of the fourth degree. (B) Whoever violates division (G) or (H) of section 128.96 or division (B)(2) of section 128.60 of the Revised Code is guilty of a misdemeanor of the fourth degree on a first offense and a felony of the fifth degree on each subsequent offense. (C) If a wireless service provider, reseller, or ... |
Section 1319.01 | Liability for unauthorized use of credit card.
...A cardholder who receives a credit card from an issuer, which such cardholder has not requested nor used, shall not be liable for any use made of such credit card which has not been authorized by such cardholder, unless such credit card is in replacement or renewal of a credit card previously requested or used by the cardholder. |
Section 1319.02 | Enforcing commitment to pay attorneys' fees in commercial contract of indebtedness.
...(A) As used in this section: (1) "Contract of indebtedness" means a note, bond, mortgage, conditional sale contract, retail installment contract, lease, security agreement, or other written evidence of indebtedness, other than indebtedness incurred for purposes that are primarily personal, family, or household. (2) "Commitment to pay attorneys' fees" means an obligation to pay attorneys' fees that arises in c... |
Section 1319.06 | Husband and wife must join in chattel mortgage on household property.
...No husband or wife shall create any lien by chattel mortgage or otherwise upon any personal household property owned by either or both of them, without the joint consent of both husband and wife. No such mortgage is valid unless executed by both husband and wife. This section does not apply to any mortgage or lien for the purchase price of such property. |
Section 1319.07 | Definitions for RC sections 1319.07 to 1319.09.
...As used in sections 1319.07 to 1319.09 of the Revised Code: (A) "Nonrecourse carveout" means a specific exemption, if any, to the nonrecourse provisions set forth in the loan documents for a nonrecourse loan that has the effect of creating, if specified events occur, personal liability of the borrower or guarantor or other surety of the loan for all or some amounts owed to the lender. (B) "Nonrecourse loan" ... |
Section 1319.08 | Use of postclosing solvency covenant.
...(A) A postclosing solvency covenant shall not be used, directly or indirectly, as a nonrecourse carveout or as the basis for any claim or action against a borrower or any guarantor or other surety on a nonrecourse loan. (B) A provision in the documents for a nonrecourse loan that does not comply with division (A) of this section is invalid and unenforceable. |
Section 1319.09 | Loans without nonrecourse loan provisions.
...Section 1319.08 of the Revised Code does not prohibit a loan that is secured by a mortgage on real property located in this state from being fully recourse to the borrower or guarantor, including, but not limited to, as a result of a postclosing solvency covenant, if the loan documents for that loan do not contain nonrecourse loan provisions. |
Section 1319.11 | Joining or separating claims of creditors.
...(A) Two or more creditors of a debtor or co-debtors may join their respective claims together for the purpose of commencing litigation against the debtor or co-debtors. (B) If a debtor or co-debtor raises a good faith dispute concerning any accounts, bills, or other evidences of indebtedness that have been joined together for litigation pursuant to this section, the court shall separate the disputed account, bill, ... |
Section 1319.12 | Taking assignment of debts.
...(A)(1) As used in this section, "collection agency" means any person who, for compensation, contingent or otherwise, or for other valuable consideration, offers services to collect an alleged debt asserted to be owed to another. (2) "Collection agency" does not mean a person whose collection activities are confined to and directly related to the operation of another business, including, but not limited to, the follo... |
Section 1319.16 | Check collection charges.
...(A) If a collection agency has been designated to collect on a check, negotiable order of withdrawal, share draft, or other negotiable instrument that has been returned or dishonored for any reason, the collection agency may charge and receive check collection charges of not more than thirty dollars or ten per cent of the face amount of the instrument, whichever is greater, and may charge and receive any charge impos... |
Section 1319.17 | Commercial credit reports.
...(A) As used in this section: (1) "Business" means a sole proprietorship, partnership, corporation, limited liability company, or other commercial entity, whether for profit or not for profit. (2) "Commercial credit report" means any report provided to a business for a legitimate business purpose, relating to the financial status or payment habits of a business that is the subject of the report. "Commercial credit... |
Section 1743.01 | Building maintenance corporations.
...When a corporation organized under the laws of this state and having a capital stock, including museum, park, pond, or rink companies, is organized for the purpose of erecting and maintaining a building any part of which is intended to be occupied by two or more incorporated companies not having a capital stock, including incorporated religious, scientific, and beneficial associations, as a lodge room, chapel, or reg... |
Section 1743.02 | Common carrier companies.
...A corporation organized as a common carrier company may: (A) Make all contracts lawful for natural persons to make for the carriage of persons and for the storage, forwarding, carriage, and delivery of property, but subject to the liabilities of natural person; (B) Lease, hold, and operate any line of railway and its appendages, before or after its completion, owned by a municipal corporation of this state, any rai... |
Section 1743.03 | Companies for protecting and preserving dead bodies.
...Any association organized for the purpose of preserving and protecting bodies of deceased persons before burial may take, by purchase, devise, or gift, and may hold and convey, real estate not exceeding one acre of land, and may erect thereon suitable buildings and construct and maintain vaults and such other appliances as are necessary to carry out its objects. Such property shall be exempt from execution, from tax... |
Section 1743.04 | Corporations designated as home for aged and indigent persons.
...A corporation designated as a home for aged and indigent persons, in addition to other property which it is allowed by law to hold, may take by purchase, gift, or devise, and may hold, use, dispose of, and convey, any property convenient for the use of the corporation or for the investment of its funds. No part of such property or of the income thereof shall be used for any purpose other than providing a suitable asy... |
Section 1743.05 | Corporations organized for care of deaf and dumb persons.
...Any corporation organized for the purpose of providing a home for deaf persons may enter into a contract with the board of county commissioners of any county, or with the proper officers of any municipal infirmary, for the care and maintenance in such home of any deaf person who is an inmate of the county home or of such municipal infirmary, or who is entitled to admission thereto. In every such case the county home ... |
Section 1743.06 | Corporations for preservation of public parks and memorial sites.
...Any incorporated association having for its purpose the preservation of public parks and memorial sites may acquire and hold in perpetuity, for memorial purposes for the free use and benefit of the public, any real estate in this state which is the site or scene of any battle or other engagement in behalf of or in defense of the government of the United States or of this state or which has been used or set apart for ... |
Section 1743.07 | Corporations for preservation of historic and prehistoric sites or monuments.
...Any incorporated association or society maintained by and operating on behalf of the state for the preservation of historic or prehistoric sites or monuments, the exploration, examination, improvement, or preservation of such sites or monuments for educational, scientific, or memorial purposes, or the collecting of relics or artifacts therefrom and the placing of such relics or artifacts in a public museum, may acqui... |
Section 1743.08 | Elevator companies.
...A company or association organized as an elevator company may purchase and hold real and personal estate; may erect, purchase, and own the necessary buildings, offices, and machinery for carrying on the business of receiving, storing, delivering, and forwarding grain of all kinds; and may add to and connect with this the business of a general storage warehouse or forwarders of all kinds of produce and merchandi... |
Section 1743.09 | Fishery companies.
...When a company organized for the purpose of propagating fish and establishing fisheries in this state acquires the right to use any stream, canal, or reservoir from the owner of the land adjoining thereto, for the establishment of a fishery to be owned, maintained, and used for the purpose of propagating fish, no person shall fish from such stream, canal, or reservoir without first obtaining authority from such compa... |
Section 1743.10 | Museum, park, and amusement corporations.
...When a corporation organized for constructing and conducting a museum for the exhibition and preservation of works of nature and art and for instruction in connection therewith a public hall of any kind, or a park, pond, or rink for skating or other lawful sports, or organized for holding fairs, festivals, public meetings, concerts, or lawful entertainments of any kind, provides in its articles of incorporation that ... |
Section 1743.11 | Foreign-trade zone.
...Any corporation may be organized and chartered for the purpose of establishing, operating, and maintaining a foreign-trade zone within this state under the act of June 18, 1934, 48 Stat. 998, 19 U.S.C.A. 81A, as amended or reenacted, and may apply to the board created under that act for a grant of the privilege of establishing, operating, and maintaining such a zone. If the application is granted, the corporation may... |
Section 2131.01 | Present value determinations.
...Present values for probate matters shall be the values determined for Ohio estate tax purposes pursuant to division (B) of section 5731.01 of the Revised Code. |
Section 2131.02 | Legal disability defined.
..."Legal disability" as used in Chapters 2101., 2103., 2105., 2107., 2109., 2111., 2113., 2115., 2117., 2119., 2121., 2123., 2125., 2127., 2129., and 2131. of the Revised Code includes the following: (A) Persons under the age of eighteen years; (B) Persons of unsound mind; (C) Persons in captivity; (D) Persons under guardianship of the person and estate, or either. |
Section 2131.03 | Definitions.
...As used in sections 2131.03 to 2131.036 of the Revised Code: (A) "Disability" has the same meaning as in the "Americans with Disabilities Act of 1990," 42 U.S.C. 12102; (B) "Supportive services" means any service provided through a program or agency at the federal, state, or local level that is intended to assist a person with a disability with day-to-day responsibilities and activities, including those associate... |
Section 2131.031 | Disability barred as a factor for minor's caretaker.
...(A) No court, public children services agency, private child placing agency, or private noncustodial agency shall deny or limit a person from any of the following solely on the basis that the person has a disability: (1) Exercising custody, parenting time, or visitation rights with a minor; (2) Adopting a minor; (3) Serving as a foster caregiver for a minor; (4) Appointment as a guardian for a minor. (B) Di... |
Section 2131.032 | Determination of whether to implement modifications or supportive services.
...(A) A court, public children services agency, private child placing agency, or private noncustodial agency, when determining whether to grant a person with a disability the right to conduct activities or exercise authority as described in division (A) of section 2131.031 of the Revised Code, shall determine whether modifications or supportive services designed to assist the person regarding the activities or authorit... |
Section 2131.033 | Require implementation of modifications or supportive services after positive determination.
...If modifications and supportive services are determined to be necessary and reasonable under section 2131.032 of the Revised Code, the court, public children services agency, private child placing agency, or private noncustodial agency that made the determination may require the modifications or services to be implemented to assist the person with a disability to conduct the activities or exercise the authority as de... |
Section 2131.034 | Deny or limit conduct after negative determination.
...If modifications and supportive services are not determined reasonable under section 2131.032 of the Revised Code, the court, public children services agency, private child placing agency, or private noncustodial agency that made the determination shall deny or limit conduct of activities or exercise of authority described under division (A) of section 2131.031 of the Revised Code by the person with a disability. |
Section 2131.035 | Challenging a determination.
...A person with a disability may bring an action or, in the case of a court determination, file a motion, to challenge either of the following: (A) The modifications or supportive services required under section 2131.033 of the Revised Code; (B) The limitation or denial under section 2131.034 of the Revised Code. |
Section 2131.036 | Court requirements upon receiving a challenge to a determination.
...A court shall do one of the following regarding an action or motion under section 2131.035 of the Revised Code: (A) Affirm the modifications or supportive services required under section 2131.033 of the Revised Code or limitation or denial under section 2131.034 of the Revised Code and make specific written findings of fact and conclusions of law providing the basis for its decision as to why reasonable modificatio... |
Section 2131.04 | Expectant estates descendible, devisable, and alienable.
...Remainders, whether vested or contingent, executory interests, and other expectant estates are descendible, devisable, and alienable in the same manner as estates in possession. |
Section 2131.05 | Validity of remainders.
...A remainder valid in its creation shall not be defeated by the determination of the precedent estate before the happening of the contingency on which the remainder was limited to take effect. Should such contingency afterwards happen, the remainder shall take effect in the same manner and to the same extent as if the precedent estate had continued to the same period. |
Section 2131.06 | When expectant estates defeated.
...An expectant estate cannot be defeated or barred by any transfer or other act of the owner of the intermediate or precedent estate, nor by any destruction of such precedent estate by disseizen, forfeiture, surrender, merger, or otherwise; but an expectant estate may be defeated in any manner which the party creating such estate, in the creation thereof, has provided for or authorized. An expectant estate thus liable ... |
Section 2131.07 | Estate in fee simple may be made defeasible.
...An estate in fee simple may be made defeasible upon the death of the holder thereof without having conveyed or devised the same, and the limitation over upon such event shall be a valid future interest. For the purpose of involuntary alienation, such a defeasible fee is a fee simple absolute. |
Section 2131.08 | Rule against perpetuities.
...(A) Subject to sections 1746.14, 1747.09, and 2131.09 of the Revised Code, no interest in real or personal property shall be good unless it must vest, if at all, not later than twenty-one years after a life or lives in being at the creation of the interest. All estates given in tail, by deed or will, in real property lying within this state shall be and remain an absolute estate in fee simple to the issue of th... |
Section 2131.09 | Exemption of certain trusts.
...(A) A trust of real or personal property created by an employer as part of a stock bonus plan, pension plan, disability or death benefit plan, or profit-sharing plan, for the benefit of some or all of the employees, to which contributions are made by the employer or employees, or both, for the purpose of distributing to the employees or their beneficiaries the earnings or the principal, or both earnings and principal... |
Section 2131.10 | Payable on death accounts.
...A natural person, adult or minor, referred to in sections 2131.10 and 2131.11 of the Revised Code as the owner, may enter into a written contract with any bank, building and loan or savings and loan association, credit union, or society for savings, authorized to receive money on an investment share certificate, share account, deposit, or stock deposit, and transacting business in this state, whereby the proceeds of ... |
Section 2131.11 | Release and discharge of payable on death account.
...If an investment share certificate, share account, deposit, or stock deposit is made in any bank, building and loan or savings and loan association, credit union, or society for savings, payable to the owner during the owner's lifetime, and to another on the owner's death, the investment share certificate, share account, deposit, or stock deposit, any part of that certificate, account, or deposit, or any intere... |
Section 2131.12 | Joint ownership with right of survivorship in motor vehicle or in watercraft or outboard motor.
...(A) As used in this section: (1) "Motor vehicle" has the same meaning as in section 4505.01 of the Revised Code. (2) "Joint ownership with right of survivorship" means a form of ownership of a motor vehicle, all-purpose vehicle, off-highway motorcycle, watercraft, or outboard motor that is established pursuant to this section and pursuant to which the entire interest in the motor vehicle, all-purpose vehicle, off... |
Section 2131.13 | Transfer-on-Death of Motor Vehicle, Watercraft, or Outboard Motor Statute.
...(A) As used in this section: (1) "Designate or designation in beneficiary form" means to designate, or the designation of, a motor vehicle, an all-purpose vehicle, an off-highway motorcycle, a watercraft, or an outboard motor in a certificate of title that indicates the present owner of the motor vehicle, all-purpose vehicle, off-highway motorcycle, watercraft, or outboard motor and the intention of the present o... |
Section 2131.21 | Deposit of securities held in fiduciary capacity.
...Any person holding securities in a fiduciary capacity, or any state bank, trust company, or national bank, any of which is holding securities as a custodian, managing agent, or custodian for a fiduciary, is authorized to deposit or arrange for the deposit of the securities in a federal reserve bank, a clearing corporation, or a securities depository. When the securities are so deposited, certificates representing se... |
Section 2927.01 | Abuse of a corpse.
...(A) No person, except as authorized by law, shall treat a human corpse in a way that the person knows would outrage reasonable family sensibilities. (B) No person, except as authorized by law, shall treat a human corpse in a way that would outrage reasonable community sensibilities. (C) Whoever violates division (A) of this section is guilty of abuse of a corpse, a misdemeanor of the second degree. Whoever violates... |
Section 2927.02 | Illegal distribution of or permitting children to use cigarettes or other tobacco or alternative nicotine products.
...(A) As used in this section and sections 2927.021 to 2927.024 of the Revised Code: (1) "Age verification" means a service provided by an independent third party (other than a manufacturer, producer, distributor, wholesaler, or retailer of cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes) that compares information available from a commercially available database, ... |
Section 2927.021 | Engaging in illegal tobacco or alternative nicotine product transaction scan.
...(A) As used in this section and section 2927.022 of the Revised Code: (1) "Card holder" means any person who presents a driver's or commercial driver's license or an identification card to a seller, or an agent or employee of a seller, to purchase or receive cigarettes, other tobacco products, or alternative nicotine products from the seller, agent, or employee. (2) "Identification card" means an identificati... |
Section 2927.022 | Affirmative defense to cigarette, tobacco or alternative nicotine product charge.
...(A) A seller or an agent or employee of a seller may not be found guilty of a charge of a violation of section 2927.02 of the Revised Code in which the age of the purchaser or other recipient of cigarettes, other tobacco products, or alternative nicotine products is an element of the alleged violation, if the seller, agent, or employee raises and proves as an affirmative defense that all of the following occurred: ... |
Section 2927.023 | Unlawful transportation of tobacco products.
...(A) As used in this section: (1) "Authorized recipient of tobacco products" means: (a) In the case of cigarettes, a person who is: (i) Licensed as a cigarette wholesale dealer under section 5743.15 of the Revised Code; (ii) Licensed as a retail dealer as long as the person purchases cigarettes with the appropriate tax stamp affixed; (iii) An export warehouse proprietor as defined in section 5702 of the... |
Section 2927.024 | Furnishing false information; penalty.
...(A) No person who is eighteen years of age or older but younger than twenty-one years of age shall knowingly furnish false information concerning that person's name, age, or other identification for the purpose of obtaining tobacco products. (B) Whoever violates division (A) of this section is guilty of furnishing false information to obtain tobacco products. Except as otherwise provided in this division, furnishi... |
Section 2927.03 | Injure, intimidate, or interfere with fair housing rights.
...(A) No person, whether or not acting under color of law, shall by force or threat of force willfully injure, intimidate, or interfere with, or attempt to injure, intimidate, or interfere with, any of the following: (1) Any person because of race, color, religion, sex, familial status as defined in section 4112.01 of the Revised Code, national origin, military status as defined in that section, disability as defin... |
Section 2927.11 | Desecration.
...(A) No person, without privilege to do so, shall purposely deface, damage, pollute, or otherwise physically mistreat any of the following: (1) The flag of the United States or of this state; (2) Any public monument; (3) Any historical or commemorative marker, or any structure, Indian mound or earthwork, cemetery, thing, or site of great historical or archaeological interest; (4) A place of worship, its furnishing... |
Section 2927.12 | Ethnic intimidation.
...(A) No person shall violate section 2903.21, 2903.22, 2909.06, or 2909.07, or division (A)(3), (4), or (5) of section 2917.21 of the Revised Code by reason of the race, color, religion, or national origin of another person or group of persons. (B) Whoever violates this section is guilty of ethnic intimidation. Ethnic intimidation is an offense of the next higher degree than the offense the commission of which is a n... |
Section 2927.13 | Selling or donating contaminated blood.
...(A) No person, with knowledge that the person is a carrier of a virus that causes acquired immune deficiency syndrome, shall sell or donate the person's blood, plasma, or a product of the person's blood, if the person knows or should know the blood, plasma, or product of the person's blood is being accepted for the purpose of transfusion to another individual. (B) Whoever violates this section is guilty of selling o... |
Section 2927.15 | Privilege or consent to collect bodily substance.
...(A) No person shall knowingly collect any blood, urine, tissue, or other bodily substance of another person without privilege or consent to do so. (B)(1) Division (A) of this section does not apply to any of the following: (a) The collection of any bodily substance of a person by a law enforcement officer, or by another person pursuant to the direction or advice of a law enforcement officer, for purposes of ... |
Section 2927.17 | Advertising of massage services.
...(A) No person, by means of a statement, solicitation, or offer in a print or electronic publication, sign, placard, storefront display, or other medium, shall advertise massage, relaxation massage, any other massage technique or method, or any related service, with the suggestion or promise of sexual activity. (B) Whoever violates this section is guilty of unlawful advertising of massage, a misdemeanor of the... |
Section 2927.21 | Receiving proceeds of an offense subject to forfeiture proceedings.
...(A) As used in this section: (1) " Offense subject to forfeiture proceedings" means any of the following: (a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.05, 2903.06, 2903.08, 2903.09, 2903.11, 2903.12, 2903.13, 2903.14, 2903.15, 2903.16, 2903.21, or 2903.211 of the Revised Code; (b) A violation of section 2905.01, 2905.02, 2905.03, 2905.05, 2905.11, 2905.32, or 2905.33 of the Re... |
Section 2927.22 | Soliciting or accepting a fee to remove, correct, modify, or refrain from publishing criminal record information; violation.
...(A) As used in this section: (1) "Booking photograph" means a photograph of a subject individual that was taken in this state by an arresting law enforcement agency. (2) "Criminal record information" means a booking photograph or the name, address, charges filed, or description of a subject individual who is asserted or implied to have engaged in illegal conduct. (3) "Law enforcement agency" has the same meaning a... |
Section 2927.24 | Contaminating substance for human consumption or use or contamination with hazardous chemical, biological, or radioactive substance - spreading false report of contamination.
...(A) As used in this section: (1) "Poison" has the same meaning as in section 3719.01 of the Revised Code. (2) "Drug" has the same meaning as in section 4729.01 of the Revised Code. (3) "Hazardous chemical, biological, or radioactive substance" means any of the following: (a) Any toxic or poisonous chemical, the precursor of any toxic or poisonous chemical, or any toxin; (b) Any disease organism or biological age... |
Section 2927.27 | Illegal bail bond agent practices.
...(A) No person, other than a law enforcement officer, shall apprehend, detain, or arrest a principal on bond, wherever issued, unless that person meets all of the following criteria: (1) The person is any of the following: (a) Qualified, licensed, and appointed as a surety bail bond agent under sections 3905.83 to 3905.95 of the Revised Code; (b) Licensed as a surety bail bond agent by the state where the bond was ... |
Section 4113.01 | Hours constituting a day's work.
...A day's work in a mechanical,manufacturing, or mining business shall consist of eight hours and shall be so enforced unless the contract therefor expressly provides otherwise. |
Section 4113.02 | Contract provisions void.
...Every undertaking or promise, whether written or oral, express or implied, constituting, or contained in, any contract or agreement of hiring or employment between any individual, firm, association, or corporation, and any employee or prospective employee of the same, whereby either party to such contract or agreement undertakes or promises not to join, become, or remain a member of any labor organization or of any o... |
Section 4113.03 | Fellow servant rule not applicable.
...In all actions brought to recover from an employer for personal injuries suffered by his employee or for death resulting to such employee from such personal injuries, while in the employ of such employer, arising from the negligence of such employer or any of such employer's officers, agents, or employees, it shall be held in addition to any other liability existing by law that any person in the employ of such employ... |
Section 4113.04 | Prima-facie evidence.
...If the employee of any employer referred to in section 4113.03 of the Revised Code receives any personal injury by reason of any defect or unsafe condition in any ways, works, boats, wharves, plant, machinery, appliances, or tools, except simple tools, in any way connected with or in any way used in the business of the employer, such employer is deemed to have had knowledge of such defect before and at the time such ... |
Section 4113.05 | Certain defenses not available.
...In all actions described in section 4113.03 of the Revised code the negligence of a fellow servant of the employee is not a defense where the injury or death was in any way caused or contributed to by any of the following causes: (A) Any defect or unsafe condition in the ways, works, boats, wharves, plant, machinery, appliances, or tools, except simple tools, in any way connected with or in any way used in the busin... |
Section 4113.06 | Negligence of employer.
...When it appears in an action described in section 4113.03 of the Revised Code that the injury or death was caused in whole or in part by the neglect of the employer in failing to properly furnish, maintain, construct, guard, repair, inspect, or protect any of the ways, works, boats, wharves, plant, machinery, appliances, or tools, in any way connected with or in any way used in the business of the employer, in any ma... |
Section 4113.07 | Contributory negligence.
...In all actions, described in section 4113.03 of the Revised Code, the fact that the employee may have been guilty of contributory negligence shall not bar a recovery where his contributory negligence is slight and the negligence of the employer is gross in comparison, but the damages shall be diminished by the jury in proportion to the amount of negligence attributable to such employee. No employee who is injured or ... |
Section 4113.08 | Minors.
...In all actions described in section 4113.03 of the Revised Code, where a minor employee has been employed or retained in employment contrary to the laws of this state or of the United States, such employee shall not be held to have been guilty of contributory negligence, nor held to have assumed any of the risks of such employment. The employer may show by way of defense any fraud or misrepresentation made by such em... |
Section 4113.09 | Insurance provision.
...In all actions described in section 4113.03 of the Revised Code, any contract, rule, regulation, or device, the purpose or intent of which is to enable any employer to exempt himself from any liability created by sections 4113.03 to 4113.09, inclusive, and sections 2125.01 to 2125.04, inclusive, of the Revised Code, is to that extent void. In any action brought against any employer under sections 4113.03 to 4113.08, ... |
Section 4113.10 | Conducting child to juvenile court.
...factory, workshop, business office, telephone or telegraph office, restaurant, bakery, hotel, apartment house, or mercantile or other establishment, or in the distribution or transmission of merchandise or messages, who appears to an inspector of workshops and factories to be under the legal age, or refuses to give to such inspector his name, age, and place of residence, shall be forthwith conducted by such inspecto... |
Section 4113.14 | Pay stubs.
...(A) As used in this section: (1) "Employee" and "employer" have the same meanings as in section 4113.51 of the Revised Code. (2) "Workweek" means a fixed, regularly recurring period of one hundred sixty-eight hours that an employer expressly adopts for purposes of complying with section 7 of the "Fair Labor Standards Act of 1938," 29 U.S.C. 207. (B) Every employer shall provide each of the employer's employees ... |
Section 4113.15 | Semimonthly payment of wages.
...ployee, including any guaranteed pay or reimbursement for expenses, less any federal, state, or local taxes withheld; any deductions made pursuant to a written agreement for the purpose of providing the employee with any fringe benefits; and any employee authorized deduction. (2) "Fringe benefits" includes but is not limited to health, welfare, or retirement benefits, whether paid for entirely by the employer or on ... |
Section 4113.16 | No exemption by special provisions - assignment of future wages invalid - exception.
...No employer subject to section 4113.15 of the Revised Code shall, by a special contract with an employee or by other means, exempt the employer from this section and section 4113.15 of the Revised Code, and no assignments of future wages, payable semimonthly under such sections are valid except as provided in section 1321.32 of the Revised Code. |
Section 4113.17 | Sale of certain merchandise to employees prohibited.
...No person, firm, or corporation engaged in any enterprise in this state shall sell or procure for sale to its employees any article, product, or merchandise not of its own production or not handled in its regular course of trade, excepting meals, confections, tobacco products, and such specialized appliances, or supplies and equipment, as may be required in said enterprise for the employees' safety and health, or in ... |
Section 4113.18 | Compelling employee to purchase at certain places.
...No person shall compel, seek to compel, or attempt to coerce an employee of himself or another to purchase goods or supplies from a particular person, firm, or corporation. |
Section 4113.19 | Payment in scrip prohibited at higher prices - deductions from wages prohibited.
...No person shall sell goods or supplies to his employee , or pay such employee wages or a part thereof in goods or supplies, directly or through the intervention of scrip, orders, or other evidence of indebtedness, at higher prices than the reasonable or current market value in cash of such goods or supplies, or, without an express contract with his employee, deduct or retain the wages of such employee, or a part ther... |
Section 4113.20 | Double damages.
...A person violating section 4113.18 or 4113.19 of the Revised Code is liable to the party aggrieved in double the amount of charges made for such wares, tools, and machinery, or for the amount received for such goods or supplies in excess of the reasonable or current market value in cash thereof. |
Section 4113.21 | Employee shall not be required to pay cost of medical examination.
...(A) No private employer shall require any prospective employee or applicant for employment to pay the cost of a medical examination required by the employer as a condition of employment. (B) No public employer or private employer furnishing services to a public employer in accordance with a contract subject to the "Service Contract Act of 1965," 41 U.S.C. 6701 et seq., shall require any employee, prospective employ... |
Section 4113.22 | Duty of prosecuting attorney.
...The prosecuting attorney, upon complaint made to him of a violation of section 4113.18 or 4113.19 of the Revised Code, shall cause such complaint to be investigated before the grand jury. |
Section 4113.23 | Furnishing medical report to employee.
...(A) No employer, and no physician, certified nurse-midwife, clinical nurse specialist, or certified nurse practitioner, other health care professional, hospital, or laboratory that contracts with the employer to provide medical information pertaining to employees, shall refuse upon written request of an employee, including a former employee, to furnish to the employee or the employee's designated representative a cop... |
Section 4113.30 | Enforcing successor clause in collective bargaining agreement.
...(A) As used in this section: (1) "Successor employer" means any purchaser, assignee, or transferee of a business that is party to a collective bargaining agreement, if the purchaser, assignee, or transferee conducts or will conduct substantially the same business operation or offer the same service, and uses the same physical facilities as the contracting employer. (2) "Public employer" means the state or any polit... |
Section 4113.40 | Leave of absence for union management relations.
...(A) An employee in the telephone industry who is granted or has previously been granted a leave of absence for union management relations requiring the employee's absence from regular duties with the employee's employer shall have such period of absence or any continuance of such absence for union management relations beyond the expiration of the leave of absence counted by the employer as the equivalent of service p... |
Section 4113.41 | Absence by volunteer firefighter or emergency medical services provider.
...(A) No employer shall terminate an employee who is a member of a volunteer fire department, or who is employed by a political subdivision of this state as a volunteer firefighter, or who is a volunteer provider of emergency medical services because that employee, when acting as a volunteer firefighter or a volunteer provider of emergency medical services, is absent from or late to the employee's employment in order t... |
Section 4113.42 | Peer support team member roster.
...ster shall not include the address, telephone number, or other contact information for a team member. The employer, organization, or advisor shall update the roster on a regular basis. (D) The roster required by this section is not a public record under section 149.43 of the Revised Code. However, the employer, organization, or advisor shall make the roster available at the request of a prosecutor, investigator, or... |
Section 4113.51 | Whistleblower's protection definitions.
...As used in sections 4113.51 to 4113.53 of the Revised Code: (A) "Employee" means any person who performs a service for wages or other remuneration for an employer. (B) "Employer" means any person who has one or more employees. "Employer" includes an agent of an employer, the state or any agency or instrumentality of the state, and any municipal corporation, county, township, school district, or other political subd... |
Section 4113.512 | Reports from employees providing health care or supervising provision of health care.
...The employer of an employee whose duties include providing health care or supervising an individual who provides health care may make information available to the employee explaining the employee's duty to make reports pursuant to section 4113.52 of the Revised Code, as well as the employee's opportunity to make reports regarding patient safety pursuant to section 3701.91 of the Revised Code. |
Section 4113.52 | Reporting violations by state and local officials and employees.
...(A)(1)(a) All state officials and employees employed by or appointed to a state agency as defined in division (D) of section 121.41 of the Revised Code shall report alleged fraud, theft in office, or the misuse or misappropriation of public money by a state official or employee to the inspector general. All other state employees and elected officials shall report fraud, theft in office, or the misuse or misappropriat... |
Section 4113.53 | Effect of collective bargaining agreement, confidentiality requirements.
...Section 4113.52 of the Revised Code does not diminish or impair the rights of a person under a collective bargaining agreement, or permit disclosures that would diminish or impair the rights of any person to the continued protection of confidentiality of communications if a statute or common law provides such protection. |
Section 4113.61 | Time limitations for payments to subcontractors and materialmen.
...(A)(1) If a subcontractor or material supplier submits an application or request for payment or an invoice for materials to a contractor in sufficient time to allow the contractor to include the application, request, or invoice in the contractor's own pay request submitted to an owner, the contractor, within ten calendar days after receipt of payment from the owner for improvements to property, shall pay to the... |
Section 4113.62 | Construction contract provisions against public policy.
...(A) Any provision of a construction contract, agreement, or understanding that waives rights under a surety bond is void and unenforceable as against public policy. (B) Any provision of a construction contract, agreement, or understanding, or specification or other documentation that is made a part of a construction contract, agreement, or understanding, that waives any pending or asserted claim on the basis of fina... |
Section 4113.71 | Immunity of employer as to job performance information disclosures.
...(A) As used in this section: (1) "Employee" means an individual currently or formerly employed by an employer. (2) "Employer" means the state, any political subdivision of the state, any person employing one or more individuals in this state, and any person directly or indirectly acting in the interest of the state, political subdivision, or such person. (3) "Political subdivision" and "state" have the same meanin... |
Section 4113.75 | Automatic contributions to employee retirement plan.
...(A) As used in this section: (1) "Employee" and "employer" have the same meanings as in section 4113.51 of the Revised Code except that "employer" does not include the state, any municipal corporation, county, township, school district, or other political subdivision, or any agency or instrumentality of any of those entities. (2) "Employee retirement plan" means an employee retirement plan described in section 401(... |
Section 4113.81 | Collective bargaining.
...The state shall not engage in collective bargaining with individuals who are excluded from coverage under Chapter 4117. of the Revised Code and the "National Labor Relations Act of 1935," 49 Stat. 449, 29 U.S.C. 151, as amended. This section does not apply with respect to individuals who are exempt from Chapter 4117. of the Revised Code pursuant to division (C) of section 4117.01 of the Revised Code but with whom the... |
Section 4113.85 | Matters subject to employer policy.
... any addition or reduction of hours, cancellation of a shift, or change in the date or time of a work shift; (5) Minimizing fluctuations in the number of hours an employee is scheduled to work on a daily, weekly, or monthly basis; (6) Additional payment for reporting time when work is or becomes unavailable, for being on call for work, or for working a split shift; (7) Whether an employer will provide advance n... |
Section 4113.99 | Penalty.
...(A) Whoever violates section 4113.15 of the Revised Code is guilty of a misdemeanor of the first degree. (B) Whoever violates section 4113.16, 4113.18, or 4113.19 of the Revised Code is guilty of a minor misdemeanor. (C) Whoever violates section 4113.17 of the Revised Code is guilty of a minor misdemeanor for a first offense; for each subsequent offense such person is guilty of a misdemeanor in the fourth degree. |
Section 4510.01 | License suspension definitions.
... the Revised Code: (A) "Cancel" or "cancellation" means the annulment or termination by the bureau of motor vehicles of a driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege because it was obtained unlawfully, issued in error, altered, or willfully destroyed, or because the holder no longer is entitled to the license, permit, or privil... |
Section 4510.011 | Drug of abuse defined as in RC 3719.01.
...As used in this chapter, "drug of abuse" has the same meaning as in section 4506.01 of the Revised Code. |
Section 4510.02 | Definite periods of suspension - suspension classes.
...(A) When a court elects or is required to suspend the driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege of any offender from a specified suspension class, for each of the following suspension classes, the court shall impose a definite period of suspension from the range specified for the suspension class: (1) For a class one suspensi... |
Section 4510.021 | Granting limited driving privileges.
...(A) Unless expressly prohibited by section 2919.22, section 4510.13, or any other section of the Revised Code, a court may grant limited driving privileges for any purpose described in division (A) of this section during any suspension imposed by the court. In granting the privileges, the court shall specify the purposes, times, and places of the privileges and may impose any other reasonable conditions on the person... |
Section 4510.022 | Petition for unlimited driving privileges with certified ignition interlock device.
...(A) As used in this section: (1) "First-time offender" means a person whose driver's license or commercial driver's license or permit or nonresident operating privilege has been suspended for being convicted of, or pleading guilty to, an OVI offense under any of the following: (a) Division (G)(1)(a) or (H)(1) of section 4511.19 of the Revised Code; (b) Section 4510.07 of the Revised Code for a municipal OVI offens... |
Section 4510.03 | Court records and abstracts of traffic violations.
...(A) Every county court judge, mayor of a mayor's court, and clerk of a court of record shall keep a full record of every case in which a person is charged with any violation of any provision of sections 4511.01 to 4511.771 or 4513.01 to 4513.36 of the Revised Code or of any other law or ordinance regulating the operation of vehicles, streetcars, and trackless trolleys on highways or streets. (B) If a person is con... |
Section 4510.031 | Traffic offenses on federal property.
...(A) A United States district court that has jurisdiction within this state may utilize the provisions of section 4510.03 of the Revised Code in regard to any case in which a person is charged with any violation of any provision of sections 4511.01 to 4511.771 or 4513.01 to 4513.36 of the Revised Code or of any other law or ordinance regulating the operation of vehicles, streetcars, and trackless trolleys on highways ... |
Section 4510.032 | Abstracts where charges dismissed or reduced or bail forfeiture.
...(A) If a person is charged with a violation of section 4511.19 of the Revised Code or a violation of any municipal OVI ordinance; if that charge is dismissed or reduced; if the person is convicted of or forfeits bail in relation to a violation of any other section of the Revised Code or of any ordinance that regulates the operation of vehicles, streetcars, and trackless trolleys on highways and streets but that does ... |
Section 4510.034 | Ineligibility for vehicle registration.
...(A) Division (B) of this section applies in relation to persons who are convicted of or plead guilty to any of the following: (1) A violation of division (A) of section 4510.11, division (A) of section 4510.14, or division (A) of section 4510.16 of the Revised Code; (2) A violation of a municipal ordinance substantially equivalent to any division set forth in division (A)(1) of this section; (3) A violation of div... |
Section 4510.035 | Failure to comply with traffic record requirements.
...The purposeful failure or refusal of any person to comply with any provision of section 4510.03, 4510.032, 4510.034, 4510.036, or 4510.037 of the Revised Code constitutes misconduct in office and is a ground for removal of the person from the office. |
Section 4510.036 | Records of bureau of motor vehicles - points assessed.
...(A) The bureau of motor vehicles shall record within ten days of conviction or bail forfeiture and shall keep at its main office, all abstracts received under this section or section 4510.03, 4510.031, 4510.032, or 4510.034 of the Revised Code and shall maintain records of convictions and bond forfeitures for any violation of a state law or a municipal ordinance regulating the operation of vehicles, streetcars, and t... |
Section 4510.037 | Warning letter - notice of suspension - remedial driving course.
...(A) When the registrar of motor vehicles determines that the total points charged against any person under section 4510.036 of the Revised Code exceed five, the registrar shall send a warning letter to the person at the person's last known address by regular mail. The warning letter shall list the reported violations that are the basis of the points charged, list the number of points charged for each violation, and o... |
Section 4510.038 | Conditions for reinstatement of driving privileges.
...(A) Any person whose driver's or commercial driver's license or permit is suspended or who is granted limited driving privileges under section 4510.037, under division (H) of section 4511.19, or under section 4510.07 of the Revised Code for a violation of a municipal ordinance that is substantially equivalent to division (B) of section 4511.19 of the Revised Code is not eligible to retain the license, or to hav... |
Section 4510.04 | Affirmative defenses to driving under suspension or cancellation.
...It is an affirmative defense to any prosecution brought under section 4510.037, 4510.11, 4510.111, 4510.14, 4510.16, or 4510.21 of the Revised Code or under any substantially equivalent municipal ordinance that the alleged offender drove under suspension, without a valid permit or driver's or commercial driver's license, or in violation of a restriction because of a substantial emergency, and because no other person ... |
Section 4510.05 | Suspension of driver's license for violation of municipal ordinance substantially similar to state statute.
...Except as otherwise provided in section 4510.07 or in any other provision of the Revised Code, whenever an offender is convicted of or pleads guilty to a violation of a municipal ordinance that is substantially similar to a provision of the Revised Code, and a court is permitted or required to suspend a person's driver's or commercial driver's license or permit for a violation of that provision, a court, in additi... |
Section 4510.06 | Suspension or cancellation of license by federal court.
.... 13, as amended, that suspension or cancellation is deemed to have the same effect throughout this state as if it were imposed under the laws of this state. In that type of case, if the United States district court observes the procedures prescribed by the Revised Code and utilizes the forms prescribed by the registrar of motor vehicles, the bureau of motor vehicles shall make the appropriate notation or record an... |
Section 4510.07 | Suspension of driver's license for violation of municipal ordinance substantially similar to certain criminal offenses.
...The court imposing a sentence upon an offender for any violation of a municipal ordinance that is substantially equivalent to a violation of section 2903.06 of the Revised Code or for any violation of a municipal OVI ordinance also shall impose a suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege from the r... |
Section 4510.10 | Reinstatement fees payment plan or payment extension plan.
...u of motor vehicles for suspensions, cancellations, or disqualifications of a person's driving privileges and to compensate the bureau and other agencies in their administration of programs intended to reduce and eliminate threats to public safety through education, treatment, and other activities. The registrar of motor vehicles shall not reinstate a driver's or commercial driver's license or permit or nonresident o... |
Section 4510.101 | Definitions.
...As used in sections 4510.101 to 4510.108 of the Revised Code: (A) "Eligible offense" means an offense under any of the following Revised Code sections if the offense, an essential element of the offense, the basis of the charge, or any underlying offense did not involve alcohol, a drug of abuse, combination thereof, or a deadly weapon: (1) Sections 2151.354, 2152.19, 2152.21, 2913.02, 4507.20, 4509.101, 4509.17,... |
Section 4510.102 | Permanent driver's license reinstatement fee debt reduction and amnesty program.
...Not later than ninety days after the effective date of this section, the director of public safety shall establish a permanent driver's license reinstatement fee debt reduction and amnesty program. The program shall have two phases. The eligibility for phase one is described in section 4510.103 of the Revised Code and the eligibility for phase two is described in section 4510.104 of the Revised Code. |
Section 4510.103 | First phase.
...(A) Under the first phase of the program, both of the following apply: (1) A person whose driver's license or permit has been suspended as a result of one or more eligible offenses is eligible for driver's license reinstatement fee debt reduction if all of the following apply: (a) The eligible offense or offenses occurred prior to the effective date of this section. (b) At least eighteen months have expired sin... |
Section 4510.104 | Second phase.
...(A) Under the second phase of the program, both of the following apply: (1) A person whose driver's license or permit has been suspended as a result of one or more eligible offenses is eligible for driver's license reinstatement fee debt reduction, if all of the following apply: (a) The person was not eligible for participation in the first phase of the program. (b) The person did not participate in the first p... |
Section 4510.105 | Reinstatement; payment plans.
...(A) When a participant in the program is eligible for driver's license reinstatement, the participant shall provide proof of financial responsibility in accordance with section 4509.45 of the Revised Code prior to such reinstatement. (B) If a person is eligible for reinstatement fee debt reduction under either section 4510.103 or 4510.104 of the Revised Code and the person does not or is unable to pay the remaining... |
Section 4510.106 | Notice.
...(A) The director of public safety shall send an automatic notice either by regular mail or by electronic mail, if an electronic mail address is available, enrolling a person into the first phase of the program when all of the following apply: (1) The person's driver's license has been suspended for at least one eligible offense that occurred prior to the effective date of this section. (2) At least eighteen month... |
Section 4510.107 | Verification of address.
...(A)(1) Prior to sending the notification under division (A) or (C) of section 4510.106 of the Revised Code, the director of public safety may search the bureau of motor vehicle records or the office of vital statistics records to verify the person's last known address, whether the person is still a resident of this state, and whether the person is still living or deceased. (2) If the director discovers that the per... |
Section 4510.108 | Promotion; administration.
...irector shall establish a toll-free telephone number by which a person may receive information about the program and the person's eligibility for the program. The toll-free telephone number shall be listed as part of the public service announcements and on the department and bureau web sites. (C) The director shall adopt rules in accordance with Chapter 119. of the Revised Code in order to establish any requirement... |
Section 4510.11 | Driving under suspension or in violation of license restriction.
...(A) Except as provided in division (B) of this section and in sections 4510.111 and 4510.16 of the Revised Code, no person whose driver's or commercial driver's license or permit or nonresident operating privilege has been suspended under any provision of the Revised Code, other than Chapter 4509. of the Revised Code, or under any applicable law in any other jurisdiction in which the person's license or permit ... |
Section 4510.111 | Driving under suspended license for failing to appear or pay fine or for default in payment of child support.
...(A) No person shall operate any motor vehicle upon a highway or any public or private property used by the public for purposes of vehicular travel or parking in this state whose driver's or commercial driver's license has been suspended pursuant to section 2151.354, 2935.27, 3123.58, 4301.99, 4510.032, 4510.22, or 4510.33 of the Revised Code. (B) Upon the request or motion of the prosecuting authority, a noncertif... |
Section 4510.12 | Operating a motor vehicle without a valid license.
...(A)(1) No person, except those expressly exempted under sections 4507.03, 4507.04, and 4507.05 of the Revised Code, shall operate any motor vehicle upon a public road or highway or any public or private property used by the public for purposes of vehicular travel or parking in this state unless the person has a valid driver's license issued under Chapter 4507. of the Revised Code or a commercial driver's licens... |
Section 4510.13 | Restrictions on suspending suspension periods or granting limited driving privileges.
...(A)(1) Divisions (A)(2) to (9) of this section apply to a judge or mayor regarding the suspension of, or the grant of limited driving privileges during a suspension of, an offender's driver's or commercial driver's license or permit or nonresident operating privilege imposed under division (G) or (H) of section 4511.19 of the Revised Code, under division (B) or (C) of section 4511.191 of the Revised Code, or under se... |
Section 4510.14 | Driving under OVI suspension.
...(A) No person whose driver's or commercial driver's license or permit or nonresident operating privilege has been suspended under section 4511.19, 4511.191, or 4511.196 of the Revised Code or under section 4510.07 of the Revised Code for a conviction of a violation of a municipal OVI ordinance shall operate any motor vehicle upon the public roads or highways within this state during the period of the suspension... |
Section 4510.15 | Suspension of license for reckless operation.
...Whenever a person is found guilty under the laws of this state, or under any ordinance of any political subdivision of this state, of operating a motor vehicle in violation of any such law or ordinance relating to reckless operation, the trial court of any court of record, in addition to or independent of all other penalties provided by law, may impose a class five suspension of the offender's driver's or commerc... |
Section 4510.16 | Driving under financial responsibility law suspension or cancellation; driving under a nonpayment of judgment suspension.
...ring the period of the suspension or cancellation, except as specifically authorized by Chapter 4509. of the Revised Code. (B) No person shall operate any motor vehicle upon a highway or any public or private property used by the public for purposes of vehicular travel or parking in this state if the person's driver's or commercial driver's license or temporary instruction permit or nonresident operating privilege... |
Section 4510.161 | Additional sanctions for violations of municipal ordinance substantially similar to driving under suspension.
...(A) The requirements and sanctions imposed by divisions (B) and (C) of this section are an adjunct to and derive from the state's exclusive authority over the registration and titling of motor vehicles and do not comprise a part of the criminal sentence to be imposed upon a person who violates a municipal ordinance that is substantially equivalent to section 4510.14 of the Revised Code. (B) If a person is con... |
Section 4510.17 | Suspension of license for drug or OVI offense substantially similar to state statute.
...(A) The registrar of motor vehicles shall impose a class D suspension of the person's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege for the period of time specified in division (B)(4) of section 4510.02 of the Revised Code on any person who is a resident of this state and is convicted of or pleads guilty to a violation of a statut... |
Section 4510.18 | Driving under specified lifetime suspension.
...(A) No person whose driver's or commercial driver's license or permit or nonresident operating privilege has been suspended for life under a class one suspension imposed under division (B)(3) of section 2903.06 or section 2903.08 of the Revised Code shall operate any motor vehicle upon the public roads or highways within this state during the remaining life of the person. (B) Whoever violates this section is guilty ... |
Section 4510.21 | Failure to reinstate license.
...(A) No person whose driver's license, commercial driver's license, temporary instruction permit, or nonresident's operating privilege has been suspended shall operate any motor vehicle upon a public road or highway or any public or private property after the suspension has expired unless the person has complied with all license reinstatement requirements imposed by the court, the bureau of motor vehicles, or an... |
Section 4510.22 | Suspension of license for failure to appear or to pay fine.
...(A) If a person who has a current valid Ohio driver's, commercial driver's license, or temporary instruction permit is charged with a violation of any provision in sections 4503.11, 4503.12, 4503.182, 4503.21, 4507.02, 4507.05, 4507.35, 4510.11, 4510.111, 4510.12, 4510.16, 4510.21, 4511.01 to 4511.76, 4511.81, 4511.82, 4511.84, 4513.01 to 4513.65, or 4549.01 to 4549.65 of the Revised Code or with a violation of any s... |
Section 4510.23 | Suspension of license upon adjudication of incompetence.
...When any person having a driver's or commercial driver's license is adjudicated incompetent for the purpose of holding the license, as provided in section 5122.301 of the Revised Code, the probate judge shall order the license of the person delivered to the court. The court shall forward the license with notice of the adjudication to the registrar of motor vehicles. The registrar shall impose a class F suspensio... |
Section 4510.31 | Suspension of probationary, restricted license, or temporary permit for juvenile adjudications.
...(A)(1) Except as provided in division (C)(1) or (2) of this section, the registrar of motor vehicles shall suspend the probationary driver's license, restricted license, or temporary instruction permit issued to any person when the person has been convicted of, pleaded guilty to, or been adjudicated in juvenile court of having committed, prior to the person's eighteenth birthday, any of the following: (a) Three sep... |
Section 4510.311 | Juvenile driver improvement programs.
...(A) The director of public safety shall establish standards for juvenile driver improvement programs and shall approve any programs that meet the established standards. The standards established by the director shall require a minimum of five hours of classroom instruction, with at least three hours devoted to driver skill requirements and two hours devoted to juvenile driver information related to the driving ... |
Section 4510.33 | Insufficient age person using license to purchase intoxicating liquor or beer.
...(A) No person of insufficient age to purchase intoxicating liquor or beer, contrary to division (A) or (C) of section 4507.30 of the Revised Code, shall display as proof that the person is of sufficient age to purchase intoxicating liquor or beer, a driver's or commercial driver's license, knowing the same to be fictitious, altered, or not the person's own. The registrar of motor vehicles shall impose a class C sus... |
Section 4510.34 | Suspension of probationary motorized bicycle license for juvenile adjudications.
...(A) The registrar of motor vehicles shall impose a class F suspension for the period of time specified in division (B)(6) of section 4510.02 of the Revised Code of the probationary motorized bicycle license issued to any person when the person has been convicted of or has been adjudicated in juvenile court of having committed, a violation of division (A) or (D) of section 4511.521 of the Revised Code, or of any othe... |
Section 4510.41 | Seizure of vehicle and removal of license plates upon arrest for certain traffic violations - immobilization orders.
...(A) As used in this section: (1) "Arrested person" means a person who is arrested for a violation of section 4510.14 or 4511.203 of the Revised Code, or a municipal ordinance that is substantially equivalent to either of those sections, and whose arrest results in a vehicle being seized under division (B) of this section. (2) "Vehicle owner" means either of the following: (a) The person in whose name is regi... |
Section 4510.43 | Director of public safety certification of immobilization and disabling devices.
...(A)(1) The director of public safety, upon consultation with the director of health and in accordance with Chapter 119. of the Revised Code, shall certify immobilizing and disabling devices and, subject to section 4510.45 of the Revised Code, shall publish and make available to the courts, without charge, a list of licensed manufacturers of ignition interlock devices and approved devices together with information abo... |
Section 4510.44 | Immobilization or disabling device violation.
...(A)(1) No offender who has been granted limited or unlimited driving privileges, during any period that the offender is required to operate only a motor vehicle equipped with an immobilizing or disabling device, shall request or permit any other person to breathe into the device if it is an ignition interlock device or another type of device that monitors the concentration of alcohol in a person's breath or to otherw... |
Section 4510.45 | License for ignition interlock device required for certification.
...(A)(1) A manufacturer of ignition interlock devices that desires for its devices to be certified under section 4510.43 of the Revised Code and then to be included on the list of certified devices that the department of public safety compiles and makes available to courts pursuant to that section first shall obtain a license from the department under this section. The department, in accordance with Chapter 119. of the... |
Section 4510.46 | Monitoring entity to inform court if vehicle operation prevented.
...(A) As used in this section: (1) "Offender" means a person who has been granted limited or unlimited driving privileges by a court of this state subject to the condition that the person operate only a vehicle with a certified ignition interlock device under section 4510.021, 4510.022, or 4510.13 of the Revised Code. (2) "Ignition interlock device violation" means that a certified ignition interlock device indicates... |
Section 4510.52 | Registrar may destroy suspended or canceled license or permit.
...(A) Upon the receipt of any driver's license or commercial driver's license or permit that has been suspended or canceled under any provision of law, and notwithstanding any other provision of law that requires the registrar of motor vehicles to retain the license or permit, the registrar may destroy the license or permit. (B) If, as authorized by division (A) of this section, the registrar destroys a license or per... |
Section 4510.53 | Registrar may destroy license or permit suspended for OVI violation.
...(A) Upon receipt of any driver's or commercial driver's license or permit that has been suspended under section 4511.19 or 4511.191 of the Revised Code, the registrar of motor vehicles, notwithstanding any other provision of law that purports to require the registrar to retain the license or permit, may destroy the license or permit. (B)(1) Subject to division (B)(2) of this section, if a driver's or commercial d... |
Section 4510.54 | Motion for modification or termination of suspension.
...(A) Except as provided in division (F) of this section, a person whose driver's or commercial driver's license has been suspended for life under a class one suspension or as otherwise provided by law or has been suspended for a period in excess of fifteen years under a class two suspension may file a motion with the sentencing court for modification or termination of the suspension. The person filing the motion shall... |
Section 4510.61 | Driver license compact.
...The driver license compact is hereby enacted into law and entered into with all other jurisdictions legally joining therein in the form substantially as follows: ARTICLE I Findings and Declaration of Policy (a) The party states find that: (1) The safety of their streets and highways is materially affected by the degree of compliance with state and local ordinances relating to the operation of motor vehicles. (2)... |
Section 4510.62 | Designation of executive head and licensing authority.
...(A) "Executive head" as used in article VIII (b) of the compact set forth in section 4510.61 of the Revised Code with reference to this state means the governor. (B) "Licensing authority" as used in Articles III, IV, V, and VII of the compact set forth in section 4510.61 of the Revised Code with reference to this state means the bureau of motor vehicles within the department of public safety. |
Section 4510.63 | Information or documents furnished to appropriate authorities of other party states.
...Pursuant to Article VII of the compact set forth in section 4510.61 of the Revised Code the bureau of motor vehicles shall furnish to the appropriate authorities of any other party state any information or documents reasonably necessary to facilitate the administration of Articles III, IV, and V of the compact set forth in section 4510.61 of the Revised Code. |
Section 4510.64 | Reimbursement for travel and expenses to compact administrator.
...The compact administrator provided for in Article VII of the compact set forth in section 4510.61 of the Revised Code is not entitled to any additional compensation for serving as administrator of the compact, but shall be reimbursed for travel and other necessary expenses incurred in the performance of official duties thereunder as provided by law for other state officers. |
Section 4510.71 | Nonresident violator compact.
...The nonresident violator compact, hereinafter called "the compact," is hereby enacted into law and entered into with all other jurisdictions legally joining therein in the form substantially as follows: "NONRESIDENT VIOLATOR COMPACT Article I Findings, Declaration of Policy and Purpose (A) The party jurisdictions find that: (1) In most instances, a motorist who is cited for a traffic violation in a jurisdiction ... |
Section 4510.72 | License reinstatement fee - designation of compact administrator.
...(A) A fee of thirty dollars shall be charged by the registrar of motor vehicles or an eligible deputy registrar for the reinstatement of any driver's license suspended pursuant to division (A) of Article IV of the compact enacted in section 4510.71 of the Revised Code. In addition, each deputy registrar shall collect a service fee of ten dollars to compensate the deputy registrar for services performed under th... |
Section 4510.73 | Litigation of all issues concerning driver's licenses.
...(A) It is the intent of this section to allow all issues concerning driver's licenses to be litigated in a single forum, not to eliminate any forum venue in existence on the effective date of this section. (B) Notwithstanding any provision of the Revised Code to the contrary, any court whose jurisdiction has been invoked under this chapter or any other chapter of the Revised Code regarding a driver's license ... |
Section 4719.01 | Telephone solicitor definitions - exemptions.
...rly and conspicuously sets forth the cancellation rights specified in division (G) of section 1107.33 of the Revised Code, and retains a copy of the notice signed by the purchaser. (24) A person, or affiliate thereof, licensed to sell or issue Ohio instruments designated as travelers checks pursuant to sections 1315.01 to 1315.18 of the Revised Code. (25) A person that solicits sales from its previous purchasers ... |
Section 4719.02 | Certificate of registration or registration renewal.
...(A) No person shall act as a telephone solicitor without first having obtained a certificate of registration or registration renewal from the attorney general under section 4719.03 of the Revised Code. (B) The application for a certificate of registration or registration renewal as a telephone solicitor shall contain all of the following information: (1) The true name, date of birth, driver's license number, social... |
Section 4719.03 | Certificate of registration -disciplinary actions.
...ration or registration renewal as a telephone solicitor to any applicant or registrant that submits a completed application for the certificate, as specified under section 4719.02 of the Revised Code, and pays, as applicable, the registration fee or renewal fee prescribed pursuant to rule of the attorney general adopted under section 4719.10 of the Revised Code. All fees collected under this division shall be deposit... |
Section 4719.04 | Surety bond requirements.
...torney general written notice of the cancellation at least thirty days before the cancellation takes effect. For two years after the cancellation takes effect, a person may make a claim against the bond under division (B) of this section for a violation that occurred while the bond was in effect. (D) The attorney general shall provide to a surety company that issues a bond to a telephone solicitor information concer... |
Section 4719.05 | Representations concerning gift, award or prize.
...No telephone solicitor that intends to represent or cause to be represented, expressly or impliedly, to a purchaser that the purchaser is or may be eligible to receive a gift, award, or prize, however denominated, shall fail to submit to the attorney general, any later than fourteen days prior to first making that representation, a statement setting forth all of the following, for each item mentioned: (A) A descript... |
Section 4719.06 | Disclosure of information.
...olicitor's policy of making refunds, cancellations, exchanges, or repurchases; (5) In any prize promotion, a description of the prize; its market value; all material conditions to receive or redeem the prize; the odds of being able to receive the prize and, if the odds are not calculable in advance, the factors and methods used in calculating the odds; that no purchase or payment of any kind is required to win a pri... |
Section 4719.07 | Signed written confirmations of sales.
...olicitor's policy of making refunds, cancellations, exchanges, or repurchases; (8) A duplicate copy, with the complete information as presented in the original confirmation, to be retained by the purchaser as proof of the terms of the agreement to purchase; (9) In any prize promotion, a description of the prize; its market value; all material conditions to receive or redeem the prize; the odds of being able to re... |
Section 4719.08 | Prohibited acts.
...of the telephone solicitor's refund, cancellation, exchange, or repurchase policies; (5) A material aspect of a prize promotion, including, but not limited to, the odds of being able to receive a prize, the nature or value of a prize, or that a purchase or payment of any kind is required to win a prize or to participate in a prize promotion; (6) A material aspect of an investment opportunity, including, but not lim... |
Section 4719.09 | Waiver of rights.
...(A) No telephone solicitor or salesperson shall cause or attempt to cause a purchaser to waive a right granted under section 4719.07 or 4719.15 of the Revised Code. (B) Any waiver by a purchaser of a right granted under section 4719.07 or 4719.15 of the Revised Code is contrary to the fundamental public policy of this state and is void and unenforceable. |
Section 4719.10 | Administrative rules.
...The attorney general, in accordance with Chapter 119. of the Revised Code, may adopt reasonable rules to carry out the purposes of sections 4719.01 to 4719.18 of the Revised Code and shall adopt rules prescribing reasonable registration and registration renewal fees for the purpose of section 4719.03 of the Revised Code. |
Section 4719.11 | Conduct of investigations.
...(A) If the attorney general, as a result of complaints or the attorney general's own inquiries, has reason to believe that a person has engaged, is engaging, or is preparing to engage in a violation of any provision of sections 4719.01 to 4719.18 of the Revised Code or a rule adopted under any provision of those sections, the attorney general may investigate the alleged violation. (B) For purposes of an investigatio... |
Section 4719.12 | Injunctions - civil penalties.
...vised Code that the court finds the telephone solicitor or salesperson committed. A civil penalty ordered pursuant to this section shall be paid to the consumer protection enforcement fund created by section 1345.51 of the Revised Code. |
Section 4719.13 | Initiation of criminal proceedings.
...(A) The attorney general may initiate criminal proceedings under sections 4719.01 to 4719.18 of the Revised Code by presenting evidence of criminal violations to the prosecuting attorney of any county in which the offense may be prosecuted. If the prosecuting attorney does not prosecute the violations, or at the request of the prosecuting attorney, the attorney general may proceed in the prosecution with all the righ... |
Section 4719.14 | Consumer sales practices act applicable.
...A violation of section 4719.02, 4719.05, or 4719.06; division (C), (D), or (E) of section 4719.07; section 4719.08; or division (A) of section 4719.09 of the Revised Code is an unfair or deceptive act or practice in violation of section 1345.02 of the Revised Code. |
Section 4719.15 | Civil action by purchaser.
...ay bring a civil action against the telephone solicitor or salesperson who committed the violation for damages in a court of common pleas and may apply to the court for an order enjoining the violation. Upon the purchaser's showing that the telephone solicitor or salesperson has committed a violation of one of those sections or rules, the court shall grant an injunction, temporary restraining order, or other appropri... |
Section 4719.16 | Powers, remedies, and penalties are in addition to others provided by law.
...(A) The powers, remedies, and penalties provided by sections 4719.11 to 4719.15 of the Revised Code are in addition to any other power, remedy, or penalty provided by law. (B) The remedies and powers available to the attorney general under division (B) of section 4719.03 and sections 4719.11 to 4719.13 of the Revised Code are cumulative and concurrent, and the exercise of one remedy or power by the attorney general ... |
Section 4719.17 | Telemarketing fraud enforcement fund.
...There is hereby created in the state treasury the telemarketing fraud enforcement fund. The treasurer of state shall deposit into the fund registration fees paid pursuant to divisions (A) and (D) of section 4719.02 of the Revised Code. The consumer protection section of the office of the attorney general shall use the moneys in the fund to pay for any expenses reasonably related to the administration of Chapter... |
Section 4719.18 | Purposes and construction of chapter.
...Code are to protect purchasers from telephone solicitors and salespersons that commit unfair, unlawful, deceptive, or unconscionable acts or practices and to encourage the development of reasonable and fair telephone solicitation sales practices. (B) The provisions of sections 4719.01 to 4719.18 of the Revised Code are remedial in nature and shall be liberally construed by the courts of this state in accordance with... |
Section 4719.21 | Blocking telephone solicitor's number prohibited.
...(A) As used in this section, "telephone solicitation" and "telephone solicitor" have the same meanings as in division (A) of section 4719.01 of the Revised Code. (B) No telephone solicitor shall intentionally block or intentionally authorize or cause to be blocked the disclosure of the telephone number from which a telephone solicitation is made. (C) A violation of division (B) of this section is an unfair or decep... |
Section 4719.22 | Compliance with law regarding sanctions for human trafficking.
...The attorney general shall comply with section 4776.20 of the Revised Code. |
Section 4719.99 | Penalty.
...Prior to July 1, 1996, whoever violates section 4719.02, 4719.05, or 4719.06, division (C), (D), or (E) of section 4719.07, section 4719.08, or division (A) of section 4719.09 of the Revised Code is guilty of a felony of the fourth degree. On or after July 1, 1996, whoever violates section 4719.02, 4719.05, or 4719.06, division (C), (D), or (E) of section 4719.07, section 4719.08, or division (A) of section 4719.09 o... |
Section 4931.01 | "Telephone company" defined.
...2 to 4931.05 of the Revised Code, "telephone company" has the same meaning as in section 4927.01 of the Revised Code. |
Section 4931.02 | Acquisition or construction of other lines.
...(A) A telephone company may construct, own, use, and maintain telecommunications lines and facilities, whether described in its original articles of incorporation or not, and whether such lines or facilities are wholly within or partly beyond the limits of this state. It may join with another company or association in conducting, leasing, owning, using, or maintaining such lines or facilities, on terms agreed u... |
Section 4931.03 | Construction in unincorporated area of township.
...(A) A telephone company may do either of the following in the unincorporated area of the township: (1) Construct telecommunications lines or facilities upon and along any of the public roads and highways and across any waters within that area by the erection of the necessary fixtures, including posts, piers, or abutments for sustaining the cords or wires of those lines or facilities. The lines and facilities s... |
Section 4931.04 | Right of entry.
...A telephone company may enter upon any land held by an individual or a corporation, whether such land was acquired by purchase, appropriation, or by virtue of any provision in its charter, for the purpose of making preliminary examination and surveys, with a view to the location and construction of telecommunications lines and facilities, and may appropriate so much of such land in accordance with sections 163.... |
Section 4931.05 | Powers and restrictions.
...rganized at any time to transact a telephone or communications business may construct, reconstruct, own, use, lease, operate, maintain, and improve communications systems for the transmission of voices, sounds, writings, signs, signals, pictures, visions, images, or other forms of intelligence, as public utility services, by means of wire, cable, radio, radio relay, or other telecommunications facilities, meth... |
Section 4931.06 | Privileged communications of person with communicative impairment.
... able to understand speech over the telephone. (4) "Speech impairment" means a speech impairment that renders a person's speech unintelligible on the telephone. (5) "Telecommunications relay service" means telephone transmission services that provide the ability for an individual who has a communicative impairment to engage in a communication by wire or radio with a hearing individual in a manner that is funct... |
Section 4931.10 | Transmitting advertising by facsimile device.
...tographs through connection with a telephone network. (3) "Pre-existing business relationship" does not include transmitting an advertisement to the owner's or lessee's facsimile device. (B)(1) No person shall transmit an advertisement to a facsimile device unless the person has received prior permission from the owner or, if the device is leased, from the lessee of the device to which the message is to be se... |
Section 4931.99 | Penalties.
...(A) Whoever violates division (B) of section 4931.06 of the Revised Code is guilty of a misdemeanor in the first degree. (B) Whoever violates section 4931.10 of the Revised Code is guilty of a minor misdemeanor for a first offense and a misdemeanor of the first degree on each subsequent offense. |
Section 5815.01 | Inheritance and bequest defined.
...Except when the intent of the settlor clearly is to the contrary, the following rules of construction shall apply in interpreting the terms "inheritance" and "bequest": (A) The term "inheritance," in addition to its meaning at common law or under any other section or sections of the Revised Code, includes any change of title to real property by reason of the death of the owner of that real property, regardless of wh... |
Section 5815.02 | Issuers of securities and holders of record.
...As used in sections 5815.02 and 5815.03 of the Revised Code: (A) "Fiduciary" includes a trustee under any trust, expressed, implied, resulting, or constructive; an executor, administrator, public administrator, guardian, committee, conservator, curator, receiver, trustee in bankruptcy, assignee for the benefit of creditors, partner, agent, officer of a public or private corporation, or public officer; or any other p... |
Section 5815.03 | Issuer of securities may treat holders of record as competent.
...Unless there has been delivered to an issuer a certified copy of an order, judgment, or decree of a court, judge, or administrative body or official, the legal effect of which is to restrict, suspend, or remove such capacity or authority, the issuer may treat all persons in whose names its securities are of record on its records as being of full age and competent and as having capacity and authority to exercise all r... |
Section 5815.04 | Uniform fiduciary act definitions.
...As used in sections 5815.04 to 5815.11 of the Revised Code: (A) "Bank" includes any person, carrying on the business of banking and any financial institution defined in section 5725.01 of the Revised Code. (B) "Fiduciary" includes a trustee under any trust, expressed, implied, resulting, or constructive, an executor, administrator, guardian, conservator, curator, receiver, trustee in bankruptcy, assignee for the be... |
Section 5815.05 | Transferee not responsible for proper application of money.
...A person who in good faith pays or transfers to a fiduciary any money or other property that the fiduciary as such is authorized to receive is not responsible for the proper application of the money or other property by the fiduciary. Any right or title acquired from the fiduciary in consideration of the payment or transfer is not invalid because of a misapplication by the fiduciary. |
Section 5815.06 | Deposit in name of fiduciary as such - liability of bank.
...If a deposit is made in a bank to the credit of a fiduciary as such, the bank may pay the amount of the deposit or any part thereof upon the check of the fiduciary, signed with the name in which the deposit is entered, without being liable to the principal, unless the bank pays the check with actual knowledge that the fiduciary is committing a breach of the obligation as fiduciary in drawing the check or with knowle... |
Section 5815.07 | Check drawn by fiduciary upon account of his principal - liability of bank.
...If a check is drawn upon the principal's account by a fiduciary who is empowered to do so, the bank may pay the check without being liable to the principal, unless the bank pays the check with actual knowledge that the fiduciary is committing a breach of the obligation as fiduciary in drawing the check or with knowledge of such facts that its action in paying the check amounts to bad faith. If such a check is payab... |
Section 5815.08 | Deposit to personal credit of fiduciary.
...If a fiduciary makes a deposit in a bank to the fiduciary's personal credit of checks drawn by the fiduciary upon an account in the fiduciary's own name as fiduciary, checks payable to the fiduciary as fiduciary, checks drawn by the fiduciary upon an account in the name of the principal if the fiduciary is empowered to draw checks thereon, checks payable to the principal and indorsed by the fiduciary if the fiduci... |
Section 5815.09 | Deposit in name of two or more trustees - checks.
...When a deposit is made in a bank in the name of two or more persons as trustees and a check is drawn upon the trust account by any trustee authorized to do so by the other, neither the payee or other holder nor the bank is bound to inquire whether it is a breach of trust to authorize the trustee to draw checks upon the trust account and neither is liable unless the circumstances are such that the action of the payee ... |
Section 5815.10 | Interpretation and construction.
...Sections 5815.04 to 5815.11 of the Revised Code shall be construed to effectuate their general purpose of making the law of this state uniform with the law of those states that enact similar legislation. |
Section 5815.11 | Rules of law and equity applicable.
...In any case not provided for in sections 5815.04 to 5815.11 of the Revised Code, the rules of law and equity, including the law merchant and those rules of law and equity relating to trusts, agency, negotiable instruments, and banking apply. |
Section 5815.12 | Power of appointment defined.
...As used in sections 5815.13, 5815.14, and 5815.15 of the Revised Code, "power of appointment" means any power that is in effect a power to appoint, however created, regardless of the nomenclature used in creating the power and regardless of connotations under the law of property, trusts, or wills. The power includes but is not limited to powers which are special, general, limited, absolute, in gross, appendant, appur... |
Section 5815.13 | Exercising power of appointment.
...Any power of appointment that is not subject to an express condition that it may be exercised only by a donee or holder of a greater age may be exercised by any donee or holder of the age of eighteen years or over. |
Section 5815.14 | Release and disclaimer of a power.
...Any power of appointment may be released in whole or in part by the donee or holder of the power by an instrument in writing, signed and acknowledged in the manner prescribed for the execution of deeds. No such release is ineffective because it was given either for or without consideration, because it was signed and acknowledged before June 3, 1943, or because no delivery is made of a copy of the release as provided ... |
Section 5815.15 | Notice of release.
...No fiduciary or other person having the possession or control of any property subject to a power of appointment, other than the donee or holder of such power, has notice of a release of the power until a copy of the release is delivered to the fiduciary or other person having possession or control. No purchaser or mortgagee of real property subject to a power of appointment has notice of a release of the powe... |
Section 5815.16 | Duty of attorney to third parties.
...(A) Absent an express agreement to the contrary, an attorney who performs legal services for a fiduciary, by reason of the attorney performing those legal services for the fiduciary, has no duty or obligation in contract, tort, or otherwise to any third party to whom the fiduciary owes fiduciary obligations. (B) Any communication between an attorney and a client who is acting as a fiduciary is privileged and protect... |
Section 5815.21 | Federal estate tax marital deduction distributions.
...Whenever the executor of a will or the trustee of a testamentary or inter vivos trust is permitted or required to select assets in kind to satisfy a gift, devise, or bequest, whether outright or in trust, intended to qualify for the federal estate tax marital deduction prescribed by the United States "Internal Revenue Code of 1954," 68A Stat. 392, 26 U.S.C.A. 2056, or any comparable federal statute enacted after July... |
Section 5815.22 | Spendthrift provisions.
...(A)(1) Except as provided in divisions (A)(2), (3), and (4) of this section, a spendthrift provision in an instrument that creates an inter vivos or testamentary trust shall not cause any forfeiture or postponement of any interest in property that satisfies both of the following: (a) It is granted to a surviving spouse of the testator or other settlor. (b) It qualifies for the federal estate tax marital deduction a... |
Section 5815.23 | Effect of requiring or permitting accumulation for more than one year of any income of property.
...(A) Except as provided in division (B) of this section, an instrument that creates an inter vivos or testamentary trust shall not require or permit the accumulation for more than one year of any income of property that satisfies both of the following: (1) The property is granted to a surviving spouse of the testator or other settlor. (2) The property qualifies for the federal estate tax marital deduction allowed by... |
Section 5815.24 | Limitations on liability.
...(A) As used in this section, "fiduciary" means a trustee under any expressed, implied, resulting, or constructive trust; an executor, administrator, public administrator, committee, guardian, conservator, curator, receiver, trustee in bankruptcy, or assignee for the benefit of creditors; a partner, agent, officer of a public or private corporation, or public officer; or any other person acting in a fiduciary ca... |
Section 5815.25 | Administrative duties and responsibilities of trust; exclusion of fiduciaries.
...(A) As used in this section, "fiduciary" means a trustee under any testamentary, inter vivos, or other trust, an executor or administrator, or any other person who is acting in a fiduciary capacity for any person, trust, or estate. (B) If an instrument or other applicable written agreement describes, appoints, or directs a fiduciary to handle only the administrative duties and responsibilities of a trust, that... |
Section 5815.26 | Holding cash or making temporary investments.
...(A) As used in this section: (1) "Fiduciary" means a trustee under any testamentary, inter vivos, or other trust, an executor or administrator, or any other person who is acting in a fiduciary capacity for a person, trust, or estate. (2) "Short term trust-quality investment fund" means a short term investment fund that meets both of the following conditions: (a) The fund may be either a collective investment... |
Section 5815.27 | Application of generation-skipping transfer tax provisions.
...(A) A provision in a will or trust agreement, which provision pertains to the payment of any taxes that are imposed by reason of the testator's or trust creator's death, does not include the payment of any portion of any tax that is imposed on any transfer under any other will or trust agreement by Chapter 13 of subtitle B of the "Internal Revenue Code of 1986," 100 Stat. 2718, 26 U.S.C. 2601-2624, as amended, unless... |
Section 5815.28 | Supplemental services for beneficiary with physical or mental disability.
...(A) As used in this section: (1) "Ascertainable standard" includes a standard in a trust instrument requiring the trustee to provide for the care, comfort, maintenance, welfare, education, or general well-being of the beneficiary. (2) "Disability" means any substantial, medically determinable impairment that can be expected to result in death or that has lasted or can be expected to last for a continuous period of ... |
Section 5815.31 | Termination of marriage revokes any trust provision conferring a beneficial interest or a power or nomination.
...Unless the trust or separation agreement provides otherwise, if, after executing a trust in which the grantor reserves to self a power to alter, amend, revoke, or terminate the provisions of the trust, a grantor is divorced, obtains a dissolution of marriage, has the grantor's marriage annulled, or, upon actual separation from the grantor's spouse, enters into a separation agreement pursuant to which the partie... |
Section 5815.32 | Revocation of power of attorney upon termination of marriage or entering separation agreement.
...If a principal executes a power of attorney designating the principal's spouse as the attorney in fact for the principal and if after executing the power of attorney, the principal and the principal's spouse are divorced, obtain a dissolution or annulment of their marriage, or enter into a separation agreement pursuant to which they intend to fully and finally settle each spouse's prospective property rights in the p... |
Section 5815.33 | Termination of marriage revokes designation of spouse as beneficiary.
...(A) As used in this section: (1) "Beneficiary" means a beneficiary of a life insurance policy, an annuity, a payable on death account, an individual retirement plan, an employer death benefit plan, or another right to death benefits arising under a contract. (2) "Employer death benefit plan" means any funded or unfunded plan or program, or any fund, that is established to provide the beneficiaries of an employee pa... |
Section 5815.34 | Termination of marriage affects survivorship rights.
...(A)(1) Unless the judgment or decree granting the divorce, dissolution of marriage, or annulment specifically provides otherwise, and subject to division (A)(2) of this section, if the title to any personal property is held by two persons who are married to each other, if the title is so held for the joint lives of the spouses and then to the survivor of them, and if the marriage of the spouses subsequently is termin... |
Section 5815.35 | General partners acting as fiduciary.
...(A)(1) As used in this division, "fiduciary" means any person, association, or corporation, other than a trustee of a testamentary trust, an assignee or trustee for an insolvent debtor, or a guardian under Chapter 5905. of the Revised Code, that is appointed by and accountable to the probate court, and that is acting in a fiduciary capacity for another or charged with duties in relation to any property, interest, or ... |
Section 5815.36 | Disclaiming testamentary and nontestamentary succession to real and personal property.
...(A) As used in this section: (1) "Disclaimant" means any person, any guardian or personal representative of a person or estate of a person, or any attorney-in-fact or agent of a person having a general or specific authority to act granted in a written instrument, who is any of the following: (a) With respect to testamentary instruments and intestate succession, an heir, next of kin, devisee, legatee, donee, p... |
Section 5815.37 | Temporary conveyances.
...(A) If any interest in real property held by any trustee of an express trust that is wholly or partially governed by a law of this state or any interest in real property located in this state that is held by the trustee of a trust wholly governed by the law of one or more jurisdictions other than this state is temporarily conveyed to any beneficiary of that trust and reconveyed back to any trustee of that trust, the ... |
Section 5815.41 | Consignment of art works definitions.
...As used in sections 5815.41 to 5815.48 of the Revised Code: (A) "Art dealer" means a person engaged in the business of selling works of art, other than a person exclusively engaged in the business of selling goods at public auction. (B) "Artist" means the creator of a work of art. (C) "On consignment" means delivered to an art dealer for the purpose of sale or exhibition, or both, to the public by the art dealer o... |
Section 5815.42 | Art dealer's acceptance of work on consignment from artist.
...If an art dealer accepts a work of art, on a fee, commission, or other compensation basis, on consignment from the artist who created the work of art, the following consequences attach: (A) The art dealer is, with respect to that work of art, the agent of the artist. (B) The work of art is trust property and the art dealer is a trustee for the benefit of the artist until the work of art is sold to a bona fide third... |
Section 5815.43 | When work of art ceases to be trust property.
...(A) If a work of art is trust property under section 5815.42 of the Revised Code when it is initially received by the art dealer, it remains trust property, notwithstanding the subsequent purchase of the work of art by the art dealer directly or indirectly for the art dealer's own account, until the purchase price specified pursuant to division (A)(3) of section 5815.45 of the Revised Code is paid in full to the arti... |
Section 5815.44 | Work of art not subject to claims of creditors of art dealer.
...A work of art that is trust property under section 5815.42 or 5815.43 of the Revised Code is not subject to the claims, liens, or security interests of the creditors of the art dealer, notwithstanding Chapters 1301. to 1310. of the Revised Code. |
Section 5815.45 | Written contract prerequisite for accepting work of art.
...(A) An art dealer shall not accept a work of art, on a fee, commission, or other compensation basis, on consignment from the artist who created the work of art unless, prior to or at the time of acceptance, the art dealer enters into a written contract with the artist that contains all of the following: (1) The value of the work of art and whether it may be sold; (2) The time within which the proceeds of the sale a... |
Section 5815.46 | Display conditions.
...An art dealer who accepts a work of art, on a fee, commission, or other compensation basis, on consignment from the artist who created the work of art shall not use or display the work of art or a photograph of the work of art, or permit the use or display of the work of art or a photograph of the work of art, unless both of the following occur: (A) Notice is given to users or viewers that the work of art is the wor... |
Section 5815.47 | Waiver of provisions is void.
...Any portion of an agreement that waives any provision of sections 5815.41 to 5815.48 of the Revised Code is void. |
Section 5815.48 | Liability for violations.
...Any art dealer who violates section 5815.45 or 5815.46 of the Revised Code is liable to the artist for the artist's reasonable attorney's fees and in an amount equal to the greater of either of the following: (A) Fifty dollars; (B) The actual damages, if any, including the incidental and consequential damages, sustained by the artist by reason of the violation. |
Section 9.01 | Official records - preserving and maintaining.
...When any officer, office, court, commission, board, institution, department, agent, or employee of the state, of a county, or of any other political subdivision who is charged with the duty or authorized or required by law to record, preserve, keep, maintain, or file any record, document, plat, court file, paper, or instrument in writing, or to make or furnish copies of any of them, deems it necessary or advisable, ... |
Section 9.02 | Inspection and review of financial institution records.
...he financial institution has a right of reimbursement from the state treasury for all actual and necessary costs incurred in searching for, reproducing, or transporting the financial records, at the rates established by rule under division (C) of this section. The reimbursement shall be made only if the financial institution is not a party to, or subject of the investigation, action, or proceeding, or is a party to t... |
Section 9.03 | Newsletters of political subdivisions.
...(A) As used in this section: (1) "Political subdivision" means any body corporate and politic, except a municipal corporation that has adopted a charter under Section 7 of Article XVIII, Ohio Constitution, and except a county that has adopted a charter under Sections 3 and 4 of Article X, Ohio Constitution, to which both of the following apply: (a) It is responsible for governmental activities only in a geograph... |
Section 9.04 | State funds for nontherapeutic abortion benefits.
...(A) As used in this section: (1) "Nontherapeutic abortion" means an abortion that is performed or induced when the life of the mother would not be endangered if the fetus were carried to term or when the pregnancy of the mother was not the result of rape or incest reported to a law enforcement agency. (2) "Policy, contract, or plan" means a policy, contract, or plan of one or more insurance companies, medical... |
Section 9.041 | Childbirth preferred over abortion.
...It is the public policy of the state of Ohio to prefer childbirth over abortion to the extent that is constitutionally permissible. |
Section 9.06 | Private operation and management of initial intensive program prison.
...ivisions shall be sent any notice of cancellation. The contractor may not self-insure. A contractor that has been approved to operate a facility under this section, and a person or entity that enters into a contract for specialized services, as described in division (I) of this section, relative to an intensive program prison established pursuant to section 5120.033 of the Revised Code to be operated by a contracto... |
Section 9.07 | Correctional facility to house out-of-state prisoners.
...t incarceration, with the amount of the reimbursement so paid to be deposited in the department's prisoner programs fund. (17) A requirement that the private contractor, prior to housing any out-of-state prisoner in the correctional facility under the contract, enter into an agreement with the local public entity that sets forth a conversion plan that will be followed if, for any reason, the facility is closed or ce... |
Section 9.08 | Improper internet access - private correctional facilities.
...(A) As used in this section: (1) "Computer," "computer network," "computer system," "computer services," "telecommunications service," and "information service" have the same meanings as in section 2913.01 of the Revised Code. (2) "Contractor" means either of the following: (a) A person who enters into a contract under section 9.06 of the Revised Code. (b) A person who enters into a contract under section 9.0... |
Section 9.10 | Facsimile signature defined.
...As used in sections 9.10 to 9.14, inclusive, of the Revised Code, "facsimile signature" includes, but is not limited to, the reproduction of any authorized signature by a copper plate or by a photographic, photostatic, or mechanical device, but does not authorize the use of a rubber stamp signature by the official or authorized employee referred to in section 9.11 of the Revised Code on the face of any instrument men... |
Section 9.11 | Public officials using facsimile signature.
...Any elected or appointed public official of this state or of any political subdivision or instrumentality thereof, or any member, agent, or employee of any board, commission, bureau, or other public body established by law, who is permitted or required in the performance of his duties to affix his signature on any check, draft, warrant, voucher, or other instrument for the payment of money, may adopt a facsimile ther... |
Section 9.12 | Validity of instrument with facsimile signature.
...Any check, draft, warrant, voucher, or other instrument for the payment of money bearing a duly adopted facsimile signature as authorized by section 9.11 of the Revised Code, even though such facsimile signature was affixed without the authority or knowledge of the person whose signature it purports to be, is as valid as if the genuine manual signature of such person were affixed thereto as to any depository, bank, o... |
Section 9.13 | Highway project not located within subdivision boundaries.
...A county, municipal corporation, or township may spend money on highway projects that are not located within its boundaries. |
Section 9.14 | Loss of funds occasioned by use of duly adopted facsimile signature.
...Sections 9.10 to 9.14, inclusive, of the Revised Code do not release the liability of any public official, employee, or other person for loss of funds occasioned by any authorized use of a duly adopted facsimile signature. Any public official, board, commission, bureau, or public body mentioned in section 9.11 of the Revised Code may protect itself and its agents and employees from loss, damage, or expense occasioned... |
Section 9.15 | Burial or cremation of body at expense of township or municipal corporation.
...As used in this section, "legal residence" means a permanent place of abode used or occupied as living quarters at the time of a person's death, including a nursing home, hospital, or other care facility. When the body of a dead person is found in a township or municipal corporation, and such person was not an inmate of a correctional, benevolent, or charitable institution of this state, and the body is not claimed ... |
Section 9.16 | Governmental use of distributed ledger technology.
...(A) As used in this section: (1) "Governmental entity" means the state or a political subdivision. (2) "Political subdivision" has the same meaning as in section 9.48 of the Revised Code. (3) "State" has the same meaning as in section 2744.01 of the Revised Code. (B) A governmental entity may utilize distributed ledger technology, including blockchain technology, in the exercise of its authority. |
Section 9.17 | Competitive bidding threshold amount.
...(A) The amount for purposes of a provision of the Revised Code that references this section shall be as follows: (1) Beginning on the effective date of this section through calendar year 2024, seventy-five thousand dollars; (2) For each calendar year thereafter, the amount for the previous calendar year increased by three per cent as determined and published by the director of commerce. |
Section 9.20 | Receipt of gift, devise, or bequest moneys, lands, or other properties by public authority.
...The state; a county, a township, or a cemetery association or the commissioners or trustees of a county, township, or cemetery association; a municipal corporation or the legislative authority, a board, or other officers of a municipal corporation; and a benevolent, educational, or correctional institution, wholly or in part under the control of the state, or the board of directors, trustees, or other officers of the... |
Section 9.21 | Policies regarding political subdivisions that hold credit card accounts.
...ocurement card account, gasoline or telephone credit card account, or any other card account where merchant category codes are in place as a system of control for use of the card account. "Political subdivision" means any body corporate and politic that is responsible for government activities in a geographic area smaller than that of the state. "Political subdivision" does not include a county. |
Section 9.22 | Use of debit card accounts.
...As used in this section, "political subdivision" means a county, township, municipal corporation, or any other body corporate and politic that is responsible for government activities in a geographic area smaller than that of the state. No political subdivision may hold or utilize a debit card account, except for law enforcement purposes. Possession or use of a debit card account by a political subdivision except f... |
Section 9.23 | Disbursements by government entities definitions.
...As used in sections 9.23 to 9.238 of the Revised Code: (A) "Allocable nondirect costs" means the amount of nondirect costs allocated as a result of actual expenditures on direct costs. "Allocable nondirect costs" shall be calculated as follows: direct costs actually incurred for the provision of services pursuant to a contract entered into under section 9.231 of the Revised Code divided by the minimum percentage of... |
Section 9.231 | Disbursements over $25,000 - contract required - exceptions.
...ents: (i) The program calculates the reimbursement rate on the basis of the previous year's experience or in accordance with an alternative method set forth in rules adopted by the Ohio department of job and family services. (ii) The reimbursement rate is derived from a breakdown of direct and indirect costs. (iii) The program's guidelines describe types of expenditures that are allowable and not allowable u... |
Section 9.232 | Contract for disbursements.
...1 of the Revised Code, the name and telephone number of the individual designated by the governmental entity as the contact for obtaining approval of contract amounts for purposes of division (A)(2)(a)(ii) of section 9.235 of the Revised Code; (D) The financial review and audit requirements established under section 9.234 of the Revised Code and by rules of the auditor of state adopted under section 9.238 of the Rev... |
Section 9.233 | Recipient of disbursements entitled only to contract payment earned.
...(A) A recipient shall be entitled to the contract payment earned. In no event shall a recipient be entitled to more than the contract payment earned. A recipient shall repay any money received in excess of the contract payment earned to the governmental entity or, if a different disposition is provided for in the recipient's contract with the governmental entity, dispose of that money in accordance with the terms of ... |
Section 9.234 | Records and reports by recipient - financial review - financial audit.
...(A) Unless otherwise explicitly provided in the Revised Code, a recipient shall do all of the following: (1) With respect to any money received prior to the performance of the recipient's obligations under the contract entered into under section 9.231 of the Revised Code, and any money received in excess of the contract payment earned, keep current and accurate records of the receipt and use of the money in a manner... |
Section 9.235 | Records open to government inspection.
...(A)(1) Subject to division (A)(2) of this section, the financial books and records of a recipient, and the financial books and records of any person with which the recipient contracts for the performance of the recipient's obligations under the recipient's contract with the governmental entity, shall be open to inspection by the governmental entity and by the state from the time the recipient first applies for paymen... |
Section 9.236 | Recipient to repay excess payment - civil action to recover.
...(A) A recipient is liable to repay to the governmental entity any money received in excess of the contract payment earned. (B)(1) A governmental entity may bring a civil action for the recovery of money due to the governmental entity from a recipient under division (A) of this section. In such an action, any person with which the recipient has contracted for the performance of the recipient's material obligations to... |
Section 9.237 | Rules governing terms of disbursement contracts.
...The attorney general shall adopt rules in accordance with Chapter 119. of the Revised Code governing the terms of any contract entered into under section 9.231 of the Revised Code. The rules shall set forth all of the following: (A) A definition of permissible components of direct costs, including a list of expenditures that may never be included in direct costs and a nonexclusive list of expenditures that may be in... |
Section 9.238 | Form for financial reviews and rules for audit reports.
...(A) The auditor of state shall prescribe a single form of the financial reviews required by divisions (B)(1) and (2) of section 9.234 of the Revised Code to be used for all governmental entities. (B) The auditor of state may adopt rules in accordance with Chapter 119. of the Revised Code governing the form and content of the audit reports required by division (B)(3) of section 9.234 of the Revised Code and may presc... |
Section 9.239 | Allocation of federal energy efficient building deduction.
...(A) As used in this section: (1) "Public building" means a building owned by a public entity. (2) "Public entity" means a subdivision, the general assembly, a court, any department, division, institution, board, commission, authority, bureau or other agency of instrumentality of the state, the five state retirement systems, or any other governmental entity. (3) "Subdivision" has the same meaning as in section 2... |
Section 9.24 | Findings for recovery.
...(A) Except as may be allowed under division (F) of this section, no state agency and no political subdivision shall award a contract as described in division (G)(1) of this section for goods, services, or construction, paid for in whole or in part with state funds, to a person against whom a finding for recovery has been issued by the auditor of state on and after January 1, 2001, if the finding for recovery is... |
Section 9.241 | Civil action for recovery of money.
...(A) As used in this section: (1) "Governmental entity" and "a judgment is uncollectible" have the same meanings as in section 9.23 of the Revised Code. (2) "Recipient" means a person that enters into or is awarded a contract with a governmental entity for the provision of goods, services, or construction. (B) A recipient is liable to repay to the governmental entity any money received but not earned under the term... |
Section 9.242 | Debarred vendors; participation in state contracts.
...(A) As used in this section: (1) "State agency" has the meaning defined in section 1.60 of the Revised Code. (2) "State contract" means any contract for goods, services, or construction that is paid for in whole or in part with state funds. A state contract is considered to be awarded when it is entered into or executed, regardless of whether the parties to the contract have exchanged any money. (3) "Partici... |
Section 9.25 | Purchase of surplus commodities from federal government.
...Whenever the superintendent of purchases and printing or the director of transportation finds that personal property can be obtained from the federal government at prices less than would be obtained by taking bids as provided by law for the purchase from private persons, said superintendent or said director may purchase, lease, or obtain the use of said property directly from the federal government without the necess... |
Section 9.26 | Gifts or grants of federal property.
...The state or any of its political subdivisions may receive any gifts or grants of federal property that are needed or required by requesting them in the manner similar to that required by section 9.25 of the Revised Code for purchases. |
Section 9.27 | State contracts - invalid terms and conditions.
...(A) As used in this section, "state" and "state agency" mean the state of Ohio, including the governor, lieutenant governor, secretary of state, auditor of state, attorney general, and treasurer of state, and all departments, boards, offices, commissions, agencies, institutions, and other instrumentalities of the state of Ohio, but not including the general assembly or any legislative agency, or any court or judicial... |
Section 9.28 | Competitive solicitation as public record.
... the competitive solicitation or the cancellation of the competitive solicitation. (C) If a public office rejects all bids or proposals received in response to a competitive solicitation and, concurrently with the announcement of the rejection gives notice of its intent to reissue the solicitation, the materials submitted in response to the original competitive solicitation and the materials submitted in response to... |
Section 9.29 | Multi-year asset management professional service contracts.
...(A) The following political subdivisions may enter into, by direct negotiation or through the solicitation of requests for proposals or requests for qualifications, a multi-year, asset management professional service contract for the engineering, repair, sustainability, water quality management, and maintenance of a water storage tank and appurtenant facilities owned, controlled, or operated by that political s... |
Section 9.30 | Public utility service without bidding and notice.
...The appropriate public officer of the state, county, municipal corporation, township, school, or other public body or institution, may acquire the service, product, or commodity of a public utility at the schedule of rates and charges applicable to such service, product, or commodity on file with the public utilities commission, or the applicable charge established by a utility operating its property not for profit, ... |
Section 9.31 | Erroneous bids.
...A bidder for a contract with the state or any political subdivision, district, institution, or other agency thereof, excluding therefrom the Ohio department of transportation, for the construction, demolition, alteration, repair, or reconstruction of any public building, structure, highway, or other improvement may withdraw his bid from consideration if the price bid was substantially lower than the other bids, provi... |
Section 9.311 | Bonds accompanying bid to be executed by approved surety.
...(A) A bid for a contract with the state or any political subdivision, district, institution, or other agency of the state, for the rendering of services, or the supplying of materials, or for the construction, demolition, alteration, repair, or reconstruction of any public building, structure, highway, or other improvement shall be deemed nonresponsive and shall be rejected if the bidder submits with his bid a bid bo... |
Section 9.312 | Factors to determine whether bid is responsive and bidder is responsible.
...(A) If a state agency or political subdivision is required by law or by an ordinance or resolution adopted under division (C) of this section to award a contract to the lowest responsive and responsible bidder, a bidder on the contract shall be considered responsive if the bidder's proposal responds to bid specifications in all material respects and contains no irregularities or deviations from the specifications whi... |
Section 9.313 | Reduction of performance bond after substantial performance.
...A contract for the rendering of services or the supplying of materials entered into on or after the effective date of this section shall be deemed to include a provision that authorizes the contracting authority, in its sole discretion, to reduce any bond filed by the person contracting to render the services or supply the materials by twenty-five per cent of the total amount of the bond upon demonstration satisfacto... |
Section 9.314 | Purchasing services or supplies by reverse auction.
...(A) As used in this section: (1) "Contracting authority" has the same meaning as in section 307.92 of the Revised Code. (2) "Political subdivision" means a municipal corporation, township, county, school district, or other body corporate and politic responsible for governmental activities only in geographic areas smaller than that of the state and also includes a contracting authority. (3) "Reverse auction" means... |
Section 9.315 | Requiring particular surety or insurance company or a particular agent or broker on public bids prohibited.
...(A) As used in sections 9.315 and 9.316 of the Revised Code: (1) "Public authority" means the state or a county, township, municipal corporation, school district, or other political subdivision of the state, or any public agency, authority, board, commission, instrumentality, or special district of the state or of a county, township, municipal corporation, school district, or other political subdivision of the state... |
Section 9.316 | Injunctive relief.
...(A) A person that is likely to be damaged by a violation of section 9.315 of the Revised Code may commence a civil action for injunctive relief against the public authority, and the court of common pleas involved in that action may grant injunctive relief based on the principles of equity and on the terms that the court considers reasonable. Proof of monetary damage or loss of profits is not required in a civil actio... |
Section 9.317 | Purchase of supplies or services by reverse auction.
...As used in this section, "reverse auction" has the meaning defined in section 9.314 of the Revised Code, and "state agency" has the meaning defined in section 9.23 of the Revised Code. A state agency shall not purchase supplies or services by reverse auction if the contract concerns the design, construction, alteration, repair, reconstruction, or demolition of a building, highway, road, street, alley, drainag... |
Section 9.32 | Notification of surety and agent of construction contract award.
...Whenever the state, or any political subdivision, district, institution, or other agency thereof awards a contract for the construction, demolition, alteration, repair, or reconstruction of a public improvement, the contracting authority shall simultaneously notify the surety on the contractor's bond of the award and the agent of the surety who executed the bond on behalf of the surety. The notice shall be given in w... |
Section 9.33 | Construction management services definitions.
...As used in sections 9.33 to 9.335 of the Revised Code: (A) "Construction manager" means a person with substantial discretion and authority to plan, coordinate, manage, and direct all phases of a project for the construction, demolition, alteration, repair, or reconstruction of any public building, structure, or other improvement, but does not mean the person who provides the professional design services or wh... |
Section 9.331 | Notice of accepting bids for construction manager or construction manager at risk.
...(A) Before entering into a contract to employ a construction manager or construction manager at risk, a public authority shall advertise, in a newspaper of general circulation in the county where the contract is to be performed, and may advertise by electronic means pursuant to rules adopted by the director of administrative services, notice of its intent to employ a construction manager or construction manager... |
Section 9.332 | Selection of and contract with construction manager.
...Every public authority planning to contract for construction management services with a construction manager shall evaluate the proposals submitted and may hold discussions with individual construction managers to explore further their proposals, the scope and nature of the services they would provide, and the various technical approaches they may take regarding the project. Following this evaluation, the publi... |
Section 9.333 | Financial assurance to be provided by construction manager.
...(A) No public authority shall enter into a construction management contract with a construction manager unless the construction manager provides a letter of credit pursuant to Chapter 1305. of the Revised Code, a surety bond pursuant to sections 153.54 and 153.57 of the Revised Code, a certified check or cashier's check in an amount equal to the value of the construction management contract for the project, or provid... |
Section 9.334 | Evaluation of most qualified proposals; pricing proposals; contract negotiations.
...(A) Every public authority planning to contract for construction management services with a construction manager at risk shall evaluate the proposals submitted and select not fewer than three construction managers at risk the public authority considers to be the most qualified to provide the required construction management services, except that the public authority shall select and rank fewer than three when t... |
Section 9.335 | Construction of statutes with other code provisions.
...The requirements set forth in sections 9.33 to 9.334 of the Revised Code for the bidding, selection, and award of a construction management contract by a public authority prevail in the event of any conflict with a provision of Chapter 153. of the Revised Code. |
Section 9.34 | Fiscal year and period of state and political subdivisions.
...(A) The fiscal year of the state, every school district, and, beginning July 1, 2013, the city of Cincinnati, shall begin on the first day of July of each calendar year and end at the close of the thirtieth day of June of the succeeding calendar year. The fiscal year of every school library district, and all political subdivisions or taxing units except school districts and the city of Cincinnati, and of every ... |
Section 9.35 | Contracts for ministerial duties by public officials.
...(A) As used in this section, "public official" means an elected or appointed officer, employee, or agent of any political subdivision, board, commission, bureau, or other public body established by law who is permitted or required in the performance of his duties to issue checks, keep books and records, prepare and preserve payroll and other employee records, and make reports or perform other similar duties. (B) Any... |
Section 9.36 | Contract for services of fiscal and management consultants.
...The board of county commissioners of any county or the township trustees of any township may contract for the services of fiscal and management consultants to aid it in the execution of its powers and duties. Contracts for the services of fiscal and management consultants shall be exempt from any competitive bidding requirements in the Revised Code. |
Section 9.361 | Payroll deduction benefit program.
...A board of county commissioners may authorize, by resolution, a payroll deduction benefit program to implement the qualified transportation fringe benefit provided for in section 132(f) of the Internal Revenue Code of 1986, 26 U.S.C. 132(f), as amended, for county employees, but only insofar as it applies to parking and transit passes. If the program includes a parking benefit for parking at a facility that is not ow... |
Section 9.37 | Direct deposits.
...(A) As used in this section, "public official" means any elected or appointed officer, employee, or agent of the state, any state institution of higher education, any political subdivision, board, commission, bureau, or other public body established by law. "State institution of higher education" means any state university or college as defined in division (A)(1) of section 3345.12 of the Revised Code, communit... |
Section 9.38 | Deposit of public moneys.
...As used in this section and section 9.39 of the Revised Code: (1) "Color of office," "public office," and "public official" have the same meanings as in section 117.01 of the Revised Code. (2) "Legislative authority" means a board of county commissioners a board of township trustees, the legislative authority of a municipal corporation, or the board of education of a school district. A person who is a state offi... |
Section 9.39 | Liability for public money received or collected - unclaimed money.
...All public officials are liable for all public money received or collected by them or by their subordinates under color of office. All money received or collected by a public official under color of office and not otherwise paid out according to law shall be paid into the treasury of the public office with which the public official is connected to the credit of a trust fund and shall be retained there until claimed b... |
Section 9.40 | Payroll deduction for United States savings bonds.
...Any public employee of the state, or any political subdivision thereof, who desires to purchase United States savings bonds by the payroll deduction plan shall be granted such payroll deduction upon request to the head of the state or political subdivision department by whom he is employed. As used in this section, "public employee" means any person holding an office, not elective, under the state, any county, munic... |
Section 9.41 | Payroll accounts.
...The director of budget and management or any fiscal officer of any county, city, city health district, general health district, or city school district thereof, or civil service township, shall not draw, sign, issue, or authorize the drawing, signing, or issuing of any warrant on the treasurer of state or other disbursing officer of the state, or the treasurer or other disbursing officer of any county, city, or city ... |
Section 9.42 | Municipal income tax deductions.
...Notwithstanding section 1321.32 of the Revised Code, the state and any of its political subdivisions or instrumentalities shall deduct from the wages or salaries of public employees, as defined in section 9.40 of the Revised Code, and employees of school districts, the amount of municipal income tax levied upon the income of the employee. The director of administrative services shall establish by rule procedures for ... |
Section 9.43 | Savings in share accounts in chartered credit unions deductions.
...Notwithstanding section 1321.32 of the Revised Code, the state and any of its political subdivisions or instrumentalities may deduct from the wages or salaries of public employees, as the words are defined in section 9.40 of the Revised Code, such amounts as are prescribed by the employee for savings in share accounts in chartered credit unions. |
Section 9.44 | Prior public service counted in computing vacation leave.
...(A) Except as otherwise provided in this section, a person employed, other than as an elective officer, by the state or any political subdivision of the state, earning vacation credits currently, is entitled to have the employee's prior service with any of these employers counted as service with the state or any political subdivision of the state, for the purpose of computing the amount of the employee's vacation lea... |
Section 9.441 | Continuing rights or benefits for prior service.
...(A) As used in this section, "affected employee" means a municipal employee who becomes a county employee, or a county employee who becomes a municipal employee, as the result of any of the following: (1) The merger of a municipal and a county office; (2) The merger of municipal and county functions or duties; (3) The transfer of functions or duties between a municipal corporation and county. (B) The new employer... |
Section 9.45 | Nonprofit debt pooling company deductions.
...Notwithstanding section 1321.32 of the Revised Code, the state and any of its political subdivisions or instrumentalities may deduct from the wages or salaries of a public employee, as defined in section 9.40 of the Revised Code, such amounts as are authorized in writing by the employee to a nonprofit debt pooling company operating pursuant to Chapter 4710. of the Revised Code, or a nonprofit budget and debt counseli... |
Section 9.46 | U.S. olympic participation leave.
...The state and any political subdivisions shall grant employees leave from employment to participate in olympic competition sanctioned by the United States olympic committee. Any leave so granted shall not exceed the time required for actual participation in the competition, plus a reasonable time for travel to and return from the site of the competition, and a reasonable time for precompetition training at the site. ... |
Section 9.47 | Certificate of compliance with affirmative action programs.
...(A) Any person desiring to bid on a contract awarded pursuant to Chapter 153. of the Revised Code by an owner referred to in section 153.01 of the Revised Code or awarded by the director of transportation pursuant to Chapter 5525. of the Revised Code may make application for a certificate of compliance with affirmative action programs. Application shall be made to the department of development. The director of develo... |
Section 9.48 | Joint purchasing programs.
...(A) As used in this section, "political subdivision" has the same meaning as in section 2744.01 of the Revised Code and includes a county hospital as defined in section 339.01 of the Revised Code. (B) A political subdivision may do any of the following: (1) Permit one or more other political subdivisions to participate in contracts into which it has entered for the acquisition of equipment, materials, sup... |
Section 9.481 | Residency requirements prohibited for certain employees.
...(A) As used in this section: (1) "Political subdivision" has the same meaning as in section 2743.01 of the Revised Code. (2) "Volunteer" means a person who is not paid for service or who is employed on less than a permanent full-time basis. (B)(1) Except as otherwise provided in division (B)(2) of this section, no political subdivision shall require any of its employees, as a condition of employment, to reside in ... |
Section 9.482 | Contracting for services between political subdivisions.
...(A) As used in this section: (1) "Political subdivision" has the meaning defined in section 2744.01 of the Revised Code. (2) "State agency" means any organized body, office, agency, institution, or other entity established by the laws of the state for the exercise of any function of state government. The term includes a state institution of higher education as defined in section 3345.011 of the Revised Code. ... |
Section 9.483 | Sale and leaseback agreements.
...Notwithstanding limitations imposed by the Revised Code to the contrary, a political subdivision may enter into a sale and leaseback agreement under which the legislative authority agrees to convey a building owned by the political subdivision to a purchaser who is obligated, immediately upon closing, to lease all or portions of the building back to the legislative authority. The sale and leaseback agreement shall ob... |
Section 9.49 | Transparency in contracts between state and private attorneys.
...Sections 9.49 to 9.498 of the Revised Code shall be known as the transparency in private attorney contracts act. |
Section 9.491 | Definitions.
...As used in sections 9.49 to 9.498 of the Revised Code: (A) "Legal matter" means any administrative proceeding, case, group of cases, or legal issue for which the state requires legal representation or advice. (B) "Private attorney" means any attorney in the private practice of law or a law firm but does not mean an attorney appointed by the attorney general pursuant to section 109.08 of the Revised Code for the p... |
Section 9.492 | Contingency fee contract with private attorney.
...(A) The state shall not enter into a contingency fee contract with a private attorney unless the attorney general or the attorney general's designee makes a written determination prior to entering into that contract or within a reasonable time after entering into the contract that private representation is both cost-effective and in the public interest. Any written determination shall include findings for each of the... |
Section 9.493 | Contract with private attorney outside Ohio.
...The state shall not enter into a contract with a private attorney located outside this state unless the attorney general determines that at least one of the following applies: (A) There are no private attorneys with an office in this state that are willing to accept the legal representation. (B) All private attorneys with offices in this state that possess the necessary experience or capability are conflicted and u... |
Section 9.494 | Publication of contract.
...(A) A copy of the executed contingency fee contract between the state and a private attorney pursuant to section 9.492 or 9.493 of the Revised Code and any corresponding submission by the attorney general to the controlling board pursuant to division (C)(2) of section 9.492 of the Revised Code shall be posted on the attorney general's web site and shall remain posted on the web site for the duration of the contract. ... |
Section 9.495 | Annual report.
...By the first day of September of each year, the attorney general shall submit a report to the president of the senate and the speaker of the house of representatives describing the use of contracts with private attorneys in the preceding fiscal year. The report shall include the following: (A) Identification of all contracts entered into during the fiscal year and all previously executed contracts that remain curren... |
Section 9.496 | Applicability.
...Sections 9.491 to 9.495 of the Revised Code do not apply to contingency fee contracts and renewals thereof that are in existence on the effective date of this section. |
Section 9.497 | Construction.
...Nothing in sections 9.49 to 9.496 of the Revised Code shall be construed to expand the authority of any state agency or state agent to enter into contracts if no such authority previously existed. |
Section 9.498 | Legislative intent.
...The general assembly intends that any limitations on entering into a contingency fee contract, as provided by sections 9.491 to 9.495 of the Revised Code, are to be applied only to contracts with a private attorney retained on a contingency fee basis by the state. These limitations shall not apply to contingency fee contracts between private parties and contracts not involving the state. |
Section 9.50 | Display of the POW/MIA flag during normal business hours at public buildings.
...(A) As used in this section: (1) "POW/MIA flag" means the flag that depicts the profile of a prisoner of war against the background of a prisoner of war camp watchtower. (2) "Public building" means the principal municipal building of each municipal corporation, the principal county building in the county seat of each county, and the state house in Columbus. (3) "Transportation facilities" has the meaning defined i... |
Section 9.54 | Accessibility signs.
...Whoever erects or replaces a sign containing the international symbol of access shall use forms of the word "accessible" rather than forms of the words "handicapped" or "disabled" whenever words are included on the sign. |
Section 9.55 | Installation of teletypewriters for deaf or hearing-impaired at state agencies.
...(A) As used in this section, "state agency" means the house of representatives, the senate, the governor, the secretary of state, the auditor of state, the treasurer of state, the attorney general, the department of job and family services, the department of commerce, the department of developmental disabilities, the department of education and workforce, the department of health, the department of aging, the departm... |
Section 9.56 | Plans and drawings for public buildings filed with county recorder.
...(A) As used in this section, "owner of any public building" means any state agency, public institution, political subdivision, or any other organized body, office, agency, institution, or entity established by the laws of this state for the exercise of any function of government. (B) Except as otherwise provided in division (C) of this section, the owner of any public building, within thirty days after the completio... |
Section 9.57 | Closure of places of worship.
...(A) Notwithstanding any contrary provision of the Revised Code, no public official shall issue an order to close all places of worship in the state or in a geographic area of the state. (B) As used in this section: (1) "Place of worship" means a building or grounds where activities of an organized religious group are conducted. (2) "Public official" means any elected or appointed officer, employee, or agent of ... |
Section 9.58 | Court settlements that conflict with the Revised Code.
...(A) As used in this section, "public official" means any elected or appointed officer, employee, or agent of the state or any political subdivision, board, commission, bureau, or other public body established by law. (B) In any civil action in a state or federal court, no public official, including any attorney representing or acting on behalf of a public official, has any authority to compromise or settle the act... |
Section 9.59 | State agency records.
...(A) As used in this section: (1) "State agency" means every department, bureau, board, commission, office, or other organized body established by the constitution and laws of this state for the exercise of any function of state government, including any state-supported institution of higher education, the general assembly, any legislative agency, any court or judicial agency, or any political subdivision or agency ... |
Section 9.60 | Contracts for firefighting agency, private fire company, or emergency medical service organization.
...(A) As used in this section: (1) "Emergency medical service" and "emergency medical service organization" have the same meanings as in section 4765.01 of the Revised Code. (2) "Fire protection" means the use of firefighting equipment by the fire department of a firefighting agency or a private fire company, and includes the provision of ambulance, emergency medical, and rescue services by those entities. (3) "Fire... |
Section 9.61 | Residency not required for fire chief.
...(A) "Firefighting agency" means a municipal corporation, township, township fire district, joint fire district, fire and ambulance district, or other political subdivision that operates a fire department. (B) Nothing in the Revised Code requires, or shall be construed to require, that the fire chief of a firefighting agency reside in the territory of the firefighting agency. |
Section 9.62 | Purchase of police dog or horse.
...(A) As used in this section: (1) "Police dog or horse" means a dog or horse that has been trained, and may be used, to assist law enforcement officers in the performance of their official duties. (2) "Law enforcement agency" means an organization or unit made up of law enforcement officers as defined in section 2901.01 of the Revised Code. (B) Upon the disbanding of the canine or equine unit of a law enforcement a... |
Section 9.63 | Compliance with lawful requests under Patriot Act.
...(A) Notwithstanding any law, ordinance, or collective bargaining contract to the contrary, no state or local employee shall unreasonably fail to comply with any lawful request for assistance made by any federal authorities carrying out the provisions of the USA Patriot Act, any federal immigration or terrorism investigation, or any executive order of the president of the United States pertaining to homeland security,... |
Section 9.65 | Annuity program for volunteer fire fighters.
...(A) A board of township trustees, a board of fire district trustees of a joint fire district, or the legislative authority of a municipal corporation may establish, by resolution or ordinance, as appropriate, an annuity program for the volunteer fire fighters serving the political subdivision, including those affiliated with a private entity that provides fire-fighting or emergency medical services. The program may p... |
Section 9.66 | Indication of outstanding liability owed to state in application for economic development assistance.
...(A) As used in this section: (1) "Economic development assistance" means all of the following: (a) The programs and assistance provided or administered by the department of development under Chapters 122. and 166. of the Revised Code and any other section of the Revised Code under which the department provides or administers economic development assistance; (b) The programs and assistance provided or administered ... |
Section 9.661 | Liens to secure performance on development loans and property tax incentives.
...(A) As used in this section: (1) "Borrower" means any person obligated to repay a development loan pursuant to a development loan agreement or obligated to repay a loan guaranteed pursuant to a loan guarantee agreement. (2) "Development inducement agreement" means an agreement making a grant or inducement under the authority of Section 13 of Article VIII, Ohio Constitution, including an inducement made under sectio... |
Section 9.67 | Restrictions on owner of professional sports team that uses a tax-supported facility.
...No owner of a professional sports team that uses a tax-supported facility for most of its home games and receives financial assistance from the state or a political subdivision thereof shall cease playing most of its home games at the facility and begin playing most of its home games elsewhere unless the owner either: (A) Enters into an agreement with the political subdivision permitting the team to play most of its... |
Section 9.68 | Regulation of arms prohibited - challenging political subdivisions.
...(A) The individual right to keep and bear arms, being a fundamental individual right that predates the United States Constitution and Ohio Constitution, and being a constitutionally protected right in every part of Ohio, the general assembly finds the need to provide uniform laws throughout the state regulating the ownership, possession, purchase, other acquisition, transport, storage, carrying, sale, other transfer,... |
Section 9.681 | Local regulation of tobacco and alternative nicotine products.
...(A) As used in this section, "tobacco product" and "alternative nicotine product" have the same meanings as in section 2927.02 of the Revised Code. (B) The regulation of tobacco products and alternative nicotine products is a matter of general statewide concern that requires statewide regulation. The state has adopted a comprehensive plan with respect to all aspects of the giveaway, sale, purchase, distribution, m... |
Section 9.69 | Duties and status of law enforcement officer.
...(A) As used in this section, "law enforcement officer" means any of the following who is employed, commissioned, disposed, appointed, or elected in a capacity specified in division (A)(1), (2), or (3) of this section for this state, a political subdivision of this state, or an agency, department, or instrumentality of this state or a political subdivision of this state: (1) Any law enforcement officer, as defined i... |
Section 9.70 | Permission for street on lands of public institution.
...A street, alley, or road shall not be laid out or established through or over the lands belonging to a public institution of the state without the special permission of the general assembly. |
Section 9.73 | Public employer inquiries regarding criminal background.
...(A) As used in this section: (1) "Public employer" means a state agency or a political subdivision of the state. (2) "State agency" means any organized body, office, agency, institution, or other entity established by the laws of the state for the exercise of any function of government. (3) "Political subdivision" means a county, township, municipal corporation, or any other body corporate and politic that is resp... |
Section 9.74 | Victims of dissemination of image.
...(A) As used in this section: (1) "License" means a license, certificate, registration, permit, card, or other authority issued or conferred by a licensing authority of which the licensee has or claims the privilege to engage in the profession, occupation, or activity, or to have control of and operate certain specific equipment, machinery, or premises, over which the licensing authority has jurisdiction. (2) "Li... |
Section 9.75 | Requirement for employment of local laborers prohibited.
...(A) As used in this section: (1) "Construction manager" and "construction manager at risk" have the same meanings as in section 9.33 of the Revised Code. (2) "Contractor" means a person who undertakes to construct, alter, erect, improve, repair, demolish, remove, dig, drill, or provide professional design services for any part of a structure or public improvement. "Contractor" may include any public or business ass... |
Section 9.76 | Boycott provisions in certain contracts.
...(A) As used in this section: (1) "Boycott" means engaging in refusals to deal, terminating business activities, or other actions that are intended to limit commercial relations with persons or entities in a discriminatory manner. "Boycott" does not include: (a) Boycotts to which 50 U.S.C. 4607(c) applies; (b) A decision based on business or economic reasons, or the specific conduct of a targeted person or entit... |
Section 9.78 | Determination of effect of criminal conviction by licensing authority.
...(A) As used in this section: (1) "License" means an authorization evidenced by a license, certificate, registration, permit, card, or other authority that is issued or conferred by a licensing authority to an individual by which the individual has or claims the privilege to engage in a profession, occupation, or occupational activity over which the licensing authority has jurisdiction. "License" does not include a ... |
Section 9.79 | Limitations on initial license refusal.
...(A) As used in this section: (1) "License" means an authorization evidenced by a license, certificate, registration, permit, card, or other authority that is issued or conferred by a licensing authority to an individual by which the individual has or claims the privilege to engage in a profession, occupation, or occupational activity over which the licensing authority has jurisdiction. "License" does not include a... |
Section 9.80 | Contribution to charity deductions.
...The chief officer of any department or division of the state, and the budgeting authority of any political subdivision or school district, or any institution supported in whole or in part by the state, a county or municipality, may authorize a payroll deduction plan for contributions by employees to one or more specified charitable agencies which are corporations not for profit, community chests, united funds, or oth... |
Section 9.81 | Payroll deduction plans.
...After an authorization adopted under section 9.80 of the Revised Code, any public officer or employee of any department or division of the state, any political subdivision or school district thereof, or of any institution supported in whole or in part by the state, a county, or municipal corporation, who desires to make a contribution by the payroll deduction plan to one or more of the specified charitable agencies w... |
Section 9.82 | Risk management and insurance programs definitions.
...As used in sections 9.82 to 9.83 of the Revised Code: (A) "State" means the state of Ohio, including, but not limited to, the general assembly, the supreme court, the offices of all elected state officers, and all departments, boards, offices, commissions, agencies, institutions, and other instrumentalities of the state of Ohio. "State" does not include political subdivisions. For purposes of the judicial li... |
Section 9.821 | Office of risk management.
...(A) The department of administrative services shall direct and manage for state agencies all risk management and insurance programs authorized under section 9.822 of the Revised Code. (B) The office of risk management is hereby established within the department of administrative services. The director of administrative services, or a deputy director appointed by the director, shall control and supervise the office.... |
Section 9.822 | Insurance and bonds.
...(A) The department of administrative services through the office of risk management shall establish an insurance plan or plans that may provide for self-insurance, the purchase of insurance, or the purchase of surety bonds, public official bonds, or fidelity bonds, for any of the following purposes: (1) Insuring state real and personal property against losses occasioned by fire, windstorm, or other accidents and pe... |
Section 9.823 | Risk management reserve fund.
...(A) All contributions collected by the director of administrative services under division (E) of this section shall be deposited into the state treasury to the credit of the risk management reserve fund, which is hereby created. The fund shall be used to provide insurance and self-insurance for the state under sections 9.822 and 9.83 of the Revised Code. All investment earnings of the fund shall be credited to ... |
Section 9.83 | Liability insurance for public employees.
...(A) The state and any political subdivision may procure a policy or policies of insurance insuring its officers and employees against liability for injury, death, or loss to person or property that occurs in the course of their employment or official responsibilities for the state or the political subdivision. The state is authorized to expend funds to pay judgments that are rendered in any court against its officers... |
Section 9.833 | Self-insurance program for health care benefits.
...(A) As used in this section: "Political subdivision" has the meaning defined in sections 2744.01 and 3905.36 of the Revised Code. For purposes of this section, "political subdivision" includes municipal corporations as defined in section 5705.01 of the Revised Code. "County board" means a county board of developmental disabilities. (B) Political subdivisions and county boards that provide health care benefits for ... |
Section 9.835 | Energy price risk management contract.
...(A) As used in this section: (1) "Energy price risk management contract" means a contract that is intended to mitigate, for the term of the contract, the price volatility of energy sources, including, but not limited to, a contract or futures contract for natural gas, gasoline, oil, and diesel fuel, and that is a budgetary and financial tool only and not a contract for the procurement of an energy source... |
Section 9.84 | Witness has right of counsel - participation in hearing limited.
...Except as otherwise provided in this section, any person appearing as a witness before any public official, department, board, bureau, commission, or agency, or any representative of a public official, department, board, bureau, commission, or agency, in any administrative or executive proceeding or investigation, public or private, if the witness so requests, shall be permitted to be accompanied, represented, a... |
Section 9.85 | Immunity of public officers and employees definitions.
...As used in this section and sections 9.86 and 9.87 of the Revised Code: (A) "Officer or employee" has the same meaning as in division (A) of section 109.36 of the Revised Code. (B) "State" has the same meaning as in division (B) of section 109.36 of the Revised Code. (C) "Political subdivision" has the same meaning as in division (C) of section 109.36 of the Revised Code. (D) "Employer" has the same meaning as in... |
Section 9.86 | Immunity of public officers and employees.
...Except for civil actions that arise out of the operation of a motor vehicle and civil actions in which the state is the plaintiff, no officer or employee shall be liable in any civil action that arises under the law of this state for damage or injury caused in the performance of his duties, unless the officer's or employee's actions were manifestly outside the scope of his employment or official responsibilities, or ... |
Section 9.87 | Indemnification of public officers and employees.
...(A) The state, except as provided in division (B) of this section, shall indemnify an officer or employee from liability incurred in the performance of official duties by paying any judgment in, or amount negotiated in settlement of, any civil action arising under federal law, the law of another state, or the law of a foreign jurisdiction. The reasonableness of the amount of any consent judgment or settlement is subj... |
Section 9.871 | Indemnification of correctional employee.
...(A) If an employee of the department of rehabilitation and correction is subject to criminal charges for actions occurring within the scope and in the course of the employee's assigned duties, and if the charges are dismissed or the employee is acquitted of any wrongdoing as a result, the employee may be indemnified for the reasonable cost of legal representation. An employee shall request indemnification by s... |
Section 9.88 | Immunity of federal law enforcement officers.
...(A) As used in this section, "federal law enforcement officer" means any officer of the United States who is authorized by federal law to conduct any investigation of, and make any arrest for, any offense against the United States in violation of federal law. (B) A federal law enforcement officer, while engaged in the performance of his official duties, has the same immunity from liability that a state or local law... |
Section 9.90 | Purchase or procurement of insurance for educational employees.
...(A) The board of trustees or other governing body of a state institution of higher education, as defined in section 3345.011 of the Revised Code, board of education of a school district, or governing board of an educational service center may, in addition to all other powers provided in the Revised Code: (1) Contract for, purchase, or otherwise procure from an insurer or insurers licensed to do business by the state... |
Section 9.901 | Design and delivery of health care plans; authority of department of Administrative services.
...(A)(1) Health care plans that provide benefits to persons employed by public employers as defined by this section may consider best practices established by the former school employees health care board or identified by the department of administrative services. All policies or contracts for health care benefits that are issued or renewed after the expiration of any applicable collective bargaining agreement may cons... |
Section 9.91 | Placement or purchase of tax-sheltered annuity for educational employees.
...If the board of education of a school district procures a tax-sheltered annuity for an employee, pursuant to section 9.90 of the Revised Code, that meets the requirements of Internal Revenue Code section 403(b), the employee has the right to designate the licensed agent, broker, or company through whom the board shall arrange for the placement or purchase of the tax-sheltered annuity. In any case in which the e... |
Section 9.911 | Annuity contracts and custodial accounts.
...(A) An annuity contract or custodial account procured for an employee of a public institution of higher education pursuant to section 9.90 of the Revised Code shall comply with both of the following: (1) The annuity contract or custodial account must meet the requirements of Internal Revenue Code section 403(b). (2) The institution, in its sole and absolute discretion, shall arrange for the procurement of the... |
Section 9.92 | Citizens' reward program.
...(A) As used in this section: (1) "Citizens' reward program" means any organization that satisfies all of the following criteria: (a) It is a nonprofit organization; (b) It is organized and operated exclusively to offer and pay rewards to citizens for volunteering tips and information to law enforcement agencies concerning felonies, offenses of violence, or misdemeanors that have been committed; (c) It has est... |
Section 9.94 | Fractionalized interests in any one or more public obligations.
...Third parties shall not issue and sell to others or publicly underwrite fractionalized interests in any one or more public obligations, as defined in division (GG)(2) of section 133.01 of the Revised Code, without the knowledge and express written approval or authorization of each public issuer that is the obligor on such public obligations. Provision to that effect shall be included in each such public obligation in... |
Section 9.95 | Maximum or maximum average annual interest rate on public securities.
...Securities to which this section applies shall bear interest at not to exceed the maximum or maximum average annual interest rate per annum determined in or pursuant to the proceedings for the securities by the legislative authority, taxing authority, subdivision, governing body, officer, or other issuer, board, authority, commission, district, agency, body, or entity that is the issuer, or governing body or officer ... |
Section 9.96 | Issue public securities.
...(A) The authority granted by this section is in addition to and not a limitation upon other authorizations granted by or pursuant to law or the Ohio Constitution. (B) An issue of securities lawfully authorized by any public issuer may be issued in, and authorized to be represented by, either or both or a combination of the following forms of fully registered securities: (1) In certificated form represented by an in... |
Section 9.97 | Exemption of bond interest from income tax.
...(A) Any one of the governor, the lieutenant governor, the attorney general, the secretary of state, the treasurer of state, or the auditor of state, shall act as the applicable elected representative of the state for purposes of any federal law or United States treasury regulation that requires that bonds, notes, or other obligations of the state or any of its officers, boards, authorities, commissions, agencies, bod... |
Section 9.98 | Bond financing definitions.
...ity of the bonds, and includes credit, reimbursement, subrogation, and other agreements and arrangements for reimbursement, and security for the reimbursement, of the person providing the credit facility. (H) "Debt service" means the principal, interest, and redemption premium payments, and any deposits pertaining thereto, required with respect to bonds. (I) "Floating rate interest structure" means provisions in... |
Section 9.981 | Applicability.
...(A) Sections 9.98 to 9.983 of the Revised Code are applicable to bonds: (1) The payment of the debt service on which is to be provided for directly or indirectly by payments contracted to be made in the bond proceedings by the absolute obligors, being persons other than the issuer; and (2) Which are authorized to be issued under sections 122.39 and 122.41 to 122.62, Chapter 165., 902., 3377., 3706., division ... |
Section 9.982 | Bond proceedings.
...(A) The bond proceedings for bonds referred to in division (A) or (B) of section 9.981 of the Revised Code may provide for one or more of the following: (1) Floating rate interest structures, which may, but need not be, limited to maximum rates, with interest periods which may be fixed or vary from time to time and which may contemporaneously differ for portions of the bonds; (2) Put arrangements, with times for pu... |
Section 9.983 | Costs, expenses and fees.
...(A) Provision may be made for costs and expenses of providing credit facilities, put arrangements, and interest rate hedges, and for fees and expenses of agents, and other fees, costs, and expenses in connection with arrangements under sections 9.98 to 9.983 of the Revised Code to be paid directly by the absolute obligor, or to be included in the principal amount of the bonds, or to be paid from the same sources of m... |