HB 3
Effective May 2, 2006; Certain sections other dates
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Voter Systems/Recounts (DeWine) Requires the Secretary of State to establish a computerized statewide voter registration database in compliance with the Help America Vote Act of 2002; to require electors who register to vote by mail and have not previously voted in an election to provide identification before being permitted to cast a ballot; to permit certain electors to vote by provisional ballot in federal, state, and local elections; to specify counting standards for optical scan ballots; and to require that the applicant for a non-automatic recount pay the entire cost of the recount if its results do not change the result of the election.
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HB 9
Effective March 29, 2007; Certain sections September 29, 2007
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Public Records Law (Oelslager) Revises the Public Records Law, creates the office of Public Access Counselor in the Court of Claims, creates a library records commission in each public library and a special taxing district records commission in each special taxing district, allows a concealed carry licensee to prohibit the disclosure of the licensee's information to a journalist, revises the records commissions laws, and eliminates the provision that certain records made by a public accountant incident to an audit of a public office or private entity are not public records.
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HB 10
Effective March 7, 2005
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Public Pension Benefits (Schneider) Regarding an election by a retirant of one of the state's public retirement systems who has married or remarried to change the plan under which a retirement benefit is paid.
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HB 15
Effective November 23, 2005
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Parole Authority Procedures (Hoops) To require the Department of Rehabilitation and Correction to establish and operate an Internet database that contains specified offense, sentence, and release information for each inmate serving a prison term for certain designated violence-related or sex-related offenses; to grant any person a right to submit a written statement regarding certain possible releases or transfers of any such inmate; to require the judge or the Adult Parole Authority to consider any such statement prior to granting or recommending the release of or transfer for any such inmate; and to specify that these provisions are to be known as "Laura's Law."
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HB 16
Effective February 3, 2005
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Capital Appropriations (Calvert) To make capital and other appropriations, to change the name of the Medical College of Ohio at Toledo to the Medical University of Ohio at Toledo, to amend the versions of sections 3305.01 and 3307.01 of the Revised Code that are scheduled to take effect August 1, 2005, to continue the provisions of this act on and after that effective date, and to provide authorization and conditions for the operation of state programs.
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HB 23
Effective August 17, 2006
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Adult Entertainment Regulation (Reidelbach) Grants townships full authority to exercise all powers of local self-government regarding the operation of adult entertainment establishments and to adopt by resolution and enforce within their limits any local police, sanitary, and similar regulations regarding the operation of adult entertainment establishments that are not in conflict with general laws; requires the prosecuting attorney, upon the request of any township that has adopted any resolution of that nature and on behalf of the township, to prosecute and defend on behalf of the township in the trial and argument of any challenge to the validity of the resolution or to prosecute and defend on behalf of the township actions for injunction or nuisance abatement regarding violations of the resolution; creates an expedited appeal from orders, adjudications, or decisions denying an application for, or suspending or revoking, a license or permit to locate or operate such an establishment; creates an expedited appeal in any case in which a court determines there is a threat of restraint of protected expression; and creates the offenses of permitting unlawful operation of viewing booths depicting sexual conduct, permitting a juvenile on the premises of an adult entertainment establishment, and use by a juvenile of false information to enter an adult entertainment establishment.
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HB 25
Effective August 4, 2005
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Personal Immunity (Wagner) To allow a state officer or employee who in a civil action is alleged to lack immunity from personal liability to participate in proceedings to determine whether the officer or employee is entitled to personal immunity, and to revise the law governing the filling of a vacancy on a state retirement system board.
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HB 29
Effective August 26, 2005
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Bail Procedures (Raussen) Creates a preference for in-court bond hearings for persons charged with domestic violence and adds to the factors a court shall consider before setting bail. Allows the court to waive in-person appearance for misdemeanor offenders when in-person appearance is not practicable.
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HB 34
Effective October 21, 2005
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Search Warrants (Setzer) To specify that a search warrant must be returned promptly.
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HB 48
Effective September 16, 2005
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Identity Theft (Hughes) Increases the penalty for identity fraud in certain circumstances, including when it is committed against an elderly person or disabled adult, modifies the affirmative defenses available for that offense, and creates the Identity Fraud Passport.
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HB 50
Effective September 26, 2005
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Public Indecency (Setzer) To expand and modify the penalty for the offense of public indecency.
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HB 66
Signed June 30, 2005.
Budget provisions effective immediately; others on September 29, 2005.
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2005-2006 Biennial Budget (Calvert) To make operating appropriations for the biennium beginning July 1, 2005 and ending June 30, 2007, and to provide authorization and conditions for the operation of state programs.
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HB 68
Certain sections effective March 29, 2005; others effective July 1, 2005
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ODOT Budget (Patton. T.) To make appropriations for programs related to transportation and public safety for the biennium beginning July 1, 2005, and ending June 30, 2007, and to provide authorization and conditions for the operation of those programs.
This bill includes important sections to judges as it relates to CDLs and disqualifications. It has been enacted pursuant to a federal mandate that if it was not passed, the state would lose highway money. It makes changes to CDL law which would result in a one year CDL disqualification for OVI and reckless operation convictions for non CDL vehicles (such as the truck driver who gets an OVI offense on Saturday night in his private vehicle). It also has new rules regarding the "masking" of violations and convictions for CDL licensees. Certain portions of the bill as it relates to these implications will apply to new CDL licensees upon issuance, and current CDL licensees after September 30, 2005. (Look for an article on this subject in the next Chronicle. -- Judge Spanagel, Parma Municipal Court.)
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HB 71
Effective March 30, 2007
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Military Service Credit (Stewart, J.) Permits a member of the Public Employees Retirement System, State Teachers Retirement System, School Employees Retirement System, or State Highway Patrol Retirement System to purchase military service credit for duty in the Ohio National Guard or reserves and to authorize school boards to grant high school diplomas to women who left high school to support their families or the war effort during World War II, the Korean Conflict, or the Vietnam Conflict.
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HB 81
Effective April 14, 2006
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Credit Union Law (Smith, G.) Makes changes in the Credit Union Law relating to fields of membership, expansion of authorities, meetings of directors, compensation of officers, fees and interest chargeable on certain loans, record keeping, eligible investments, liquidity fund requirements, public records, amendments to articles, and use of name; authorizes accounts to be held by credit unions under laws relating to probate and intestate succession; authorizes a credit union insured by a credit union share guaranty corporation to maintain interest-bearing trust accounts on behalf of attorneys; authorizes and specifies qualifications for designees acting for or on the premises of a financial institution, including a credit union, as police officers; revises the conditions under which banks, savings and loan associations, and credit unions may achieve parity of authority with other financial institutions; and exempts credit union transactions involving a credit card from the Retail Installment Sales Act and the Consumer Sales Practices Act.
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HB 83
Effective March 23, 2007
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Inheritance Distributions (Hughes) Requires the probate court, upon application by an affected beneficiary, to determine the fairness of an agreement requiring a fiduciary or beneficiary to pay a percentage of an inheritance or a dollar amount to any person other than the beneficiary and allows the probate court to approve, modify, or disapprove the agreement in whole or in part.
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HB 95
Effective August 3, 2006
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Violent Offender Sentences (Seitz) Increases the penalty for repeat violent offenders; increases the penalty for sexual battery to a felony of the second degree when the victim is less than 13 years old and mandates a sentence from the range of sentences statutorily prescribed for felonies of the second degree; increases the penalty for offenders convicted of gross sexual imposition when the victim is less than 13 years old for repeat offenders and in cases where corroborating evidence is shown; authorizes the issuance of temporary protection orders and civil protection orders for alleged victims of sexually oriented offenses; authorizes the use of global positioning system for use with sexual predators that do not serve a prison term; requires courts placing a delinquent child adjudicated delinquent for the sexually oriented offense in certified job and family service facilities to notify the operator of the facility as well as the sheriff of the county that the child has been adjudicated a delinquent for committing a sexually oriented offense.
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HB 96
Effective August 3, 2006
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Criminal Trespass (Seitz) To create the offense of criminal trespass on a place of public amusement and to clarify the element of "trespass" in the offenses of aggravated burglary, burglary, and breaking and entering.
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HB 102
Effective June 15, 2006
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Parentage Establishment (Wolpert) Clarifies the parentage of children born as a result of embryo donation.
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HB 104
Effective February 17, 2006
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Personal Information Release (Martin) Require a state agency, person, or business to contact individuals residing in Ohio if unencrypted or unredacted personal information about those individuals that is maintained on the computers of the agency, person, or business is obtained by unauthorized persons and to authorize the Attorney General to investigate and enforce compliance with the requirements.
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HB 108
Effective May 17, 2006
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Victim's Rights Law (Hagan) Allows people who have been injured and received medical treatment from an accident proximately caused by a person committing OVI (4511.19), Unsafe Operation of an Aircraft (4561.15), or Physical Control Under the Influence of Alcohol or Drugs (1547.11), to be included in the definition of victim under the Victim?s Rights Law.
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HB 136
Effective May 17, 2006
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Child Support (Gilb) Relative to paternity actions and interest on child support arrearages, to allow a child support enforcement agency to bring an action relative to the determination of a parent and child relationship if the child's father or alleged father receives public assistance or services under Title IV-D of the "Social Security Act," and to allow a court to make a temporary custody determination before a parent and child relationship has been legally established.
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HB 137
Effective July 12, 2006
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Juvenile Records/Post-Release Control (Gilb) To revise the procedure by which a juvenile court may seal records of alleged and adjudicated delinquent and unruly children and adjudicated juvenile traffic offenders, to make changes to the post-release control law, to amend the version of section 2929.14 of the Revised Code that is scheduled to take effect on August 3, 2006, to continue the provisions of this act on and after that effective date, and to declare an emergency.
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HB 144
Effective June 15, 2006
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Privilege Waivers (Buehrer) Waives the physician-patient and attorney-client privileges in probate cases under certain circumstances.
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HB 162
Effective October 12, 2006
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Community Correctional Facilities (Peterson) To revise the law governing community-based correctional facilities.
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HB 163
Effective October 12, 2006
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Substance Abuse Tests (Widener) To authorize a court sentencing a drug abuse offender or imposing disposition on a delinquent child for such an offense to require the offender or child to reimburse involved law enforcement agencies for the costs of tests that determined that a substance involved in the offense contained a controlled substance.
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HB 185
Effective October 21, 2005
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Lawyer Trust Account Reporting (Latta) Requires a depository institution maintaining an interest-bearing trust account (IOLTA) for a lawyer, law firm, or legal professional association to notify the Ohio Supreme Court when a properly payable item is presented for payment from an IOLTA having insufficient funds.
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HB 214
Effective June 30, 2006
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Clerks of Court Duties (Hughes) Limits the role of clerks of court in the procedures regarding the filing by private persons of affidavits alleging that a person committed a criminal offense and requires that an appropriate official review affidavits filed by private persons to determine if a complaint should be filed.
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HB 226
Effective February 27, 2006
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Court Costs / BWC Investments (Hoops) Authorizes the legislative authority of a municipal corporation to establish a schedule of fees to be taxed as costs in a civil, criminal, or traffic proceeding in a municipal court for services performed by officers or employees of the municipal corporation's police department or marshal's office and to revise the law regarding the Workers' Compensation Oversight Commission's reporting requirements concerning investments.
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HB 235
Effective August 17, 2006
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Coroner's Law (Wagner) Changes the Coroner's Law and associated provisions of the Death and Fetal Certificate Law, requires that the rules of the State Medical Board allow a coroner's investigator who is not a physician to recite facts permitting a physician to pronounce a person dead without a personal examination, and removes the prohibition against a sheriff or coroner practicing as an attorney at law in a court.
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HB 239
Effective April 5, 2007
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Abortion Prohibition (Schneider) Declares that it is the public policy of the state to prefer childbirth over abortion, permits any person to petition a court of common pleas for an order enjoining the operation of a health care facility without a license, modifies the laws governing public funding of abortions, and prohibits the use of funds appropriated for genetic services to be used for abortion-related purposes.
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HB 241
Effective March 30, 2007
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Criminal Forfeiture Laws (Latta) Adopts the Criminal Sentencing Commission's recommendations regarding revision of the Forfeiture Laws.
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HB 246
Effective March 29, 2007
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Power of Attorney (Oelslager) Permits a surviving spouse to take a motorcycle as one of the two automobiles the surviving spouse may receive outside of probate, to create a statutory form for the creation of a power of attorney, to set forth the general powers of an attorney in fact under a power of attorney, and to provide for the construction of the powers of an attorney in fact under a power of attorney created by use of the statutory form.
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HB 259
Effective April 4, 2007
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Bodily Substances (Wagner) Prohibits a person, with intent to harass, annoy, threaten, or alarm a law enforcement officer, from causing or attempting to cause the law enforcement officer to come into contact with a bodily substance, prohibits any person from engaging in the same action with respect to any person when the person is a knowing carrier of certain viruses or bacteria, and prohibits the impersonation of a federal law enforcement officer.
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HB 265
Effective July 20, 2006
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Non-complying Wills (Seitz) Provides a procedure for a probate court to treat a document as a will notwithstanding its noncompliance with the statutory formalities for executing wills.
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HB 272
Effective April 6, 2007
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Public Employees Retirement System (Schneider) Makes changes regarding the Public Employees Retirement System and maintains the provisions of this act on October 27, 2006, by amending the version of section 145.92 of the Revised Code that takes effect on that date.
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HB 279
Effective September 28, 2006
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Handgun Possession (Hughes) To prohibit a person from changing, altering, removing, or obliterating the name of the manufacturer, model, manufacturer's serial number, or any other mark of identification on a firearm, to prohibit a person from possessing a firearm knowing or having reasonable cause to believe any such mark of identification on the firearm has been changed, altered, removed, or obliterated, to prohibit the inclusion of an individual's Social Security number on documents submitted for recording in the office of the county recorder, and to create an affirmative defense to associated civil liability of a good faith effort to comply with the noninclusion requirement.
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HB 289
Effective August 17, 2006
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Family First Councils (White) Makes changes regarding the duties of the Ohio Family and Children First Cabinet Council and county family and children first councils and to allow juvenile judges to serve in an advisory role on those councils.
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HB 294
Effective September 28, 2006
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Expedited Foreclosures (Kilbane) To reduce the time period for designating delinquent vacant lands subject to judicial foreclosure, to provide an expedited foreclosure procedure for unoccupied lands that have delinquent tax charges, to establish an appeal procedure for filing complaints against "rollback" exemption determinations, to extend, under certain circumstances, the date by which vendors with a certain level of limited Ohio sales must begin destination-based sourcing under the sales tax law, and to require a residential rental property owner to file with the county auditor certain information about the owner and the property.
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HB 301
Effective October 12, 2006; certain provisions April 10, 2007
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Rulemaking/Corporate Law (Seitz) To modify state agency rulemaking authority and to automatically include any future amendments to federal laws incorporated by reference into a rule; to authorize and specify applicable provisions to conversions of business entities by corporations, limited liability companies, and general limited liability and general partnerships; to expand the limited liability of registered limited partnerships; to limit liability to limited partnerships; to modify the Corporation Law relating to regulations or articles, shareholder rights, delegation authority, acceptable payments for shares, director meetings, executive committees, actions authorized after bankruptcy, distributions to shareholders when the issuing corporation ?spins off? a subsidiary corporation, reorganization and restructuring of holding company corporations, and control share acquisitions; to modify the Limited Liability Company Law to specify acceptable forms of contributions; and to modify the Securities Law relating to dealer recordkeeping and filing requirements, tender offers and incorporation in Ohio law of future amendments to federal securities laws.
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HB 310
Effective June 15, 2006
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Photographing Another (Oelslager) Clarifies that the prohibitions it sets forth that refer to conduct involving the photographing of another also apply to conduct involving the videotaping, filming, or other recording of another.
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HB 336
Effective January 18, 2007
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Local Courts/Court Costs (Core) To change the status of the judge of the Marysville Municipal Court from part-time to full-time, to add one judge to the Delaware Municipal Court, to create the Holmes County Municipal Court in Millersburg and abolish the Holmes County County Court on January 1, 2007, to designate the Holmes County Clerk of Courts as the clerk of the Holmes County Municipal Court, to provide one full-time judge for the Holmes County Municipal Court to be elected in 2007, to add two judges to the Summit County Court of Common Pleas to be elected in 2008, and to create the Joint Committee to Study Court Costs and Filing Fees to review the assessment, collection, and allocation of court costs and filing fees in Ohio and make recommendations to the Ohio Supreme Court, the General Assembly, and the Governor.
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HB 343
Effective April 6, 2007
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Driving Age (Raga) Maintains 15 years, six months as the age at which a temporary permit can be obtained; extends the restrictions on driving times for holders of temporary permits to between the hours of midnight and six a.m. if under 17, unless accompanied by a parent or guardian; and between the hours of one and five a.m. if between 17 to 18 years old, unless accompanied by a parent or guardian or in possession of documentation from employer; restricts the occupants to one person who is not a family member, unless accompanied by the parent or guardian; and if the permit holder pleads or is adjudicated in juvenile court of a moving violation during the six-month period after issue of the permit, they must be accompanied by their parent or guardian for the next six months or until age 17, whichever is shorter.
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HB 347
Effective March 14, 2007
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Conceal-Carry Revisions (Aslanides) Revises the laws regarding licenses to carry a concealed handgun and the authority to carry a concealed handgun under such a license; limits journalist access to information regarding persons who have such a license and who assert reasonable cause to fear a criminal attack; provides exemptions from certain carrying of firearms-related offenses for persons in compliance with the Ohio Peace Officer Training Commission's firearms requalification program; specifically provides a self-defense affirmative defense to discharge of a firearm while in or on a vessel or motor vehicle-related offenses; clarifies when a firearm is loaded for purposes of offenses relating to possession of a loaded firearm while in or on a vessel or motor vehicle and carrying concealed weapons; provides that the sealing or expungement of a conviction or delinquent child record is an affirmative defense to falsification based on the failure to report the record on an application for a concealed handgun license; and identifies, as a general law and matter of statewide concern, the right of any person, except as provided in the Revised Code, to own, possess, purchase, otherwise acquire, transport, carry, sell, or otherwise transfer a firearm, firearm component, or ammunition.
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HB 363
Effective August 3, 2006
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Law Library Association (Wagner) Allows the board of trustees of a law library association to elect to assume responsibility for paying the entire compensation of the librarian and all assistant librarians of the law library despite the otherwise applicable statutory payment requirements for that compensation. The Law Library Task Force has an additional year to make recommendations before beginning a period of reduction in county support for the salaries of law librarians and the rental space for county law libraries.
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HB 389
Effective September 21, 2006
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Bicycle Laws (Setzer) To revise certain laws as they relate to bicycle operation.
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HB 416
Effective January 1, 2007
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Trust Code (Wagoner) To adopt an Ohio trust code to modify trust company collective investment fund requirements, and to remove an investment limitation in the Trust Company Fiduciary Law.
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HB 426
Effective October 12, 2006
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Remains Disposition (Dolan) To make changes regarding the assignment of the right to direct the disposition of an adult?s remains after death and to make arrangements and purchase goods and services related to an adult?s funeral, cremation, burial, or other manner of final disposition.
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HB 461
Effective April 4, 2007
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Vehicular Homicide (Wolpert) Increases the prison term for aggravated vehicular homicide when the offender has prior OVI convictions or guilty pleas. |
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HB 694
Effective April 4, 2007
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Political Contributions (DeWine) Limits solicitations of and political contributions by owners and certain family members of owners of businesses that are seeking or that have been awarded public contracts and to require the Attorney General to review and approve executive agency contracts for more than one million dollars.
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HB 699
Effective March 29, 2007
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Oaths of Office (Calvert) Makes capital and other appropriations and to provide authorization and conditions for the operation of state programs.
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HB 551
Effective April 5, 2007
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False Emergency Alert (Latta) Prohibits a person from making a false report that results in the implementation of the statewide emergency alert program or a local or regional emergency alert program. |
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