September 25, 2007
OSBA HOSTS “2007 LEGISLATIVE UPDATE” AND “EMINENT DOMAIN” CLE PROGRAMS
On Monday, October 15, 2007, the OSBA will host a new continuing education “double header.” This will provide a unique opportunity to get an up-close-and-personal report on current legislation, plus some projections on future legislation
In the morning, the program will feature seven lawyer-legislator members of the Ohio General Assembly in a free-wheeling 2 ½ hour conversation highlighting the most important bills on the Ohio General Assembly’s legislative agenda. Representative Bill Seitz (Cincinnati) will discuss business law; Senators David Goodman (Columbus)and Eric Kearney (Cincinnati) will report on probate and estate planning legislation; Senator Keith Faber (Celina) and Tim Grendell (Chesterland) and Representative Bill Seitz will provide an update on real property law, including a brief report on eminent domain; Representative Todd Book (Portsmouth) will discuss health care and insurance law; Representative Jennifer Garrison will provide an update on family law; and Senator Grendell and Representative Seitz will discuss judicial administration and legal reform, plus criminal and traffic law.
In the afternoon, Senator Grendell and Representative Seitz, along with Bruce Ingraham, will present a two hour program on eminent domain, both the case law and the legislation.
To register, log on to www.ohiobar,org or call 800-232-7124.
OSBA LEGISLATION PROGRAM (Bills sponsored by the OSBA)
127th General Assembly
2007-2008
Corporation law (House Bill 134; Representative Bill Seitz) – Majority standard; conversion; limited liability corporations; non-profit corporations
Proposal to amend section 1701.55 of the Ohio Revised Code to explicitly permit a corporation’s
articles to permit a majority rather than plurality standard in elections for directors
Proposal to make technical amendments to sections 1701.782 and 1701.792 of the Ohio
Revised Code to conform the language in the conversion provisions of Chapter 1701 to
parallel language in Chapters 1705, 1775, and 1782
Proposal to amend R.C. Section 1705.21 to permit the operating agreement of an LLC
to control the rights and powers of an executor or administrator after the death or adjudication
of incompetence of an LLC member
(From the OSBA Corporation Law Committee)
Corporation law – Revised Uniform Partnership Act
Proposal to repeal Ohio’s partnership law and to enact the Revised Uniform Partnership Act in Ohio
(From the OSBA Corporation Law Committee)
Sponsor: Representative Mark Wagoner
Corporation law – cumulative voting; shareholder voting; sale of assets and sale of subsidiary’s assets
Proposal to amend R.C. Sections 1701.04; 1701.55; 1701.58 and 1701.69 to permit a
corporation’s original articles to eliminate cumulative voting
Proposal to amend R.C. Section 1701.76 to clarify when a shareholder vote is needed
in the sale of a subsidiary’s assets and in the sale of assets to a subsidiary
Proposed sponsor: Representative William Coley
Probate law (Senate Bill 157; Senator Steve Buehrer) – guardianship; adult incompetent child
Proposal to amend Section 1337.09 of the Ohio Revised Code and to enact a new Section 2111.122 of the Ohio Revised Code to establish a statutory authority for the nomination of a guardian for an adult incompetent child
(From OSBA Estate Planning, Trust & Probate Law Section)
Probate law (House Bill 160; Representative Danny Bubp) – Proposal to amend the Ohio Disclaimer statute at R.C. 1339.69 in order to clarify and modernize its provisions
(From OSBA Estate Planning, Trust & Probate Law Section)
Family law (House Bill 178; Representative Louis Blessing, Jr.) – Health insurance; child support
Proposal to amend R.C. 3119.30 to define the “reasonable cost of health insurance” in child
support orders
(From the OSBA Family Law Committee)
Real property law (Senate Bill 134; Senator Keith Faber) – Memorandum of trust
Proposal to amend R.C. 5301.255 so that the requirement that a Memorandum of Trust be executed by the settlor of the trust and that the Memorandum of Trust disclose the name and address of the settlor would be deleted
(From the OSBA Real Property Section)
Insurance law (House Bill 258 – Representative Gerald Stebelton) – Financial responsibility
Proposal to amend R.C. 4509.51 to increase the minimum amount of insurance required under the financial responsibility law
(From the OSBA Insurance Law Committee)
OSBA LEGISLATION INVENTORY (Bills the OSBA is following)
HB3 / ESTATE TAXES (LATTA, R)To eliminate the state portion of the estate tax. The new bill would gradually raise the practical threshold of liability to apply to estates of more than $600,000 by 2010.Current Status: / 4/25/2007 - House Ways and Means, (Sixth Hearing)
HB4 / LOCAL GOVERNMENTS (WOLPERT, L)Gives the state's portion of the estate tax to local municipalities, and allows local governments to opt out of the estate tax.
Current Status: / 4/25/2007 - House Ways and Means, (Sixth Hearing)
HB5 / EMINENT DOMAIN (GIBBS, B)Implements recommendations made by the Eminent Domain Task Force,
Current Status: / 6/19/2007 - Referred to State and Local Government and Veterans Affairs Committee
HB7 / ADOPTION (BRINKMAN, T)To reduce the barriers to adoption in Ohio including complications and red tape in the legal system and exorbitant costs.
Current Status: / 2/20/2007 - Referred to Health Committee
HB10 / JUROR COMPENSATION (WOLPERT, L)Provide that a board of county commissioners may fix the compensation of jurors in the court in an amount that differs from the compensation of jurors in the court of common pleas.
Current Status: / 4/19/2007 - House Judiciary, (Second Hearing)
HB46 / CONSUMER'S CREDIT REPORT (STEWART, J)To require a consumer reporting agency to place a security freeze on a consumer's credit report in response to a consumer's request.
Current Status: / 5/23/2007 - Referred to Judiciary - Civil Justice Committee
HB89 / CHARITABLE DONATIONS (COLEY, W)To provide persons who donate consumer goods to a charitable agency with qualified immunity from civil liability for harm that allegedly arises because the consumer goods are not fit for use and to establish a qualified immunity from civil liability for certain charitable agencies that distribute perishable food or consumer goods free of charge to individuals in need.
Current Status: / 7/19/2007 - SIGNED BY GOVERNOR; Eff. 10/18/07
HB119 / BIENNIAL BUDGET (DOLAN, M)To make operating appropriations for the biennium beginning July 1, 2007 and ending June 30, 2009, and to provide authorization and conditions for the operation of state programs.
Current Status: / 6/30/2007 - 6/30/2007 - SIGNED BY GOVERNOR, appropriations eff. 6/30/2007-some sections different dates
HB134 / CORPORATION LAW (SEITZ, B)To modify corporation law relating to the election of directors and to conform conversion provisions of Chapter 1701. of the Revised Code with parallel provisions in Chapters 1705., 1775., and 1782. of the Revised Code.
Current Status: / 7/19/2007 - SIGNED BY GOVERNOR; Some sections eff. 1/1/08; others 10/18/07
HB138 / JUDICIAL SALE-PROPERTY (FOLEY, M)To require purchasers of real property at a judicial sale to provide certain identifying information and to make other changes in judicial sales of real property.
Current Status: / 6/13/2007 - REPORTED OUT AS AMENDED
HB154 / MAYOR'S COURTS (WOLPERT, L)To abolish mayor's courts and to create community courts and to modify the compensation of municipal court judges in territories having a population of more than 50,000.
Current Status: / 6/13/2007 - 6/13/2007 - House Judiciary, (Fourth Hearing)
HB160 / OHIO TRUST CODE (BUBP, D)To clarify and modify the law relating to disclaimers under the Ohio Trust Code.
Current Status: / 6/19/2007 - Referred to Judiciary - Civil Justice Committee
HB173 / JUDGES (SEITZ, B)To increase the compensation of justices and judges of the courts, to change the qualifications of all judges, to require the Supreme Court to establish a qualification program for candidates for judicial office, to create the Judicial Allotment Review Commission to study and review the allotment of judgeships in the courts for the purpose of recommending legislation to ensure the efficient and prompt administration of justice in Ohio, to create the Judicial Appointment Review Commission to make recommendations of persons to fill judicial vacancies, to specify that a portion of certain court costs currently deposited to the credit of the Reparations Fund be deposited in the fund for court security, and to make appropriations for court-related purposes.
Current Status: / 6/25/2007 - 6/25/2007 - House Judiciary, (Fifth Hearing)
HB178 / HEALTH INSURANCE/CHILD SUPPORT (BLESSING, L)To define the reasonable cost of health insurance coverage in child support orders.
Current Status: / 5/9/2007 - House Juvenile and Family Law, (First Hearing)
HB219 / TESTIMONIAL PRIVILEGE (PATTON, T)To create a testimonial privilege for communications between a representative of an employee organization and a bargaining unit member.
Current Status: / 6/26/2007 - 6/26/2007 - House Commerce and Labor, (First Hearing)
HB222 / LAND SALE PUBLIC NOTICES (ZEHRINGER, J)To permit instead of require that public notices and advertisements of the sale of lands and tenements taken in execution contain a description of the lands and tenements and to permit those advertisements to be made on the sheriff's web site.
Current Status: / 5/31/2007 - 5/31/2007 - House Local and Municipal Government and Urban Revitalization, (First Hearing)
HB255 / PROBATE/GUARDIANSHIP REQUIREMENTS (LATTA, R)To allow appointment of a nonprofit corporation or public agency as guardian of a person, allow an executor or administrator to accept the county auditor's valuation of real estate, provide that the testimonial privilege between a physician or dentist and a patient does not apply in certain guardianship, adult protective services, commitment, or institutionalization proceedings, eliminate the requirement that a probate court act as a board of education, or governing board of an educational service center that fails to perform its duties, and require a probate court to promptly fill a school board vacancy not filled within 30 days.
Current Status: / 6/25/2007 - 6/25/2007 - House Judiciary, (Third Hearing)
HB255 / PROBATE/GUARDIANSHIP REQUIREMENTS (LATTA, R)To allow appointment of a nonprofit corporation or public agency as guardian of a person, allow an executor or administrator to accept the county auditor's valuation of real estate, provide that the testimonial privilege between a physician or dentist and a patient does not apply in certain guardianship, adult protective services, commitment, or institutionalization proceedings, eliminate the requirement that a probate court act as a board of education, or governing board of an educational service center that fails to perform its duties, and require a probate court to promptly fill a school board vacancy not filled within 30 days.
Current Status: / 6/25/2007 - 6/25/2007 - House Judiciary, (Third Hearing)
HB258 / FINANCIAL RESPONSIBILITY PROOF (STEBELTON, G)To increase the minimum amounts required for valid proof of financial responsibility.
Current Status: / 9/10/2007 - Referred to Insurance Committee
SB6 / CONSUMER'S CREDIT REPORT (NIEHAUS, T)To allow a consumer to place a security freeze on the consumer's credit report, to specify that Social Security numbers are confidential, to specify that certain personal information is not a public record, to require a public office to redact from a document that is otherwise a public record certain personal information.
Current Status: / 5/22/2007 - Senate Judiciary - Civil Justice, (Fourth Hearing)
SB7 / EMINENT DOMAIN (GRENDELL, T)To formally state the G.A.'s intentions in its upcoming deliberations on reforming Ohio's laws regulating the exercise of eminent domain.
Current Status: / 7/10/2007 - SIGNED BY GOVERNOR; Eff. 10/10/2007
SB21 / DOMESTIC VIOLENCE (COUGHLIN, K)To adopt the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act.
Current Status: / 3/28/2007 - Senate Judiciary - Criminal Justice, (Third Hearing)
SB59 / MEDICAL NEGLIGENCE (COUGHLIN, K)Establish pilot program mandating arbitration for claims of medical negligence.
Current Status: / 3/28/2007 - Insurance, Commerce and Labor, (Second Hearing)
SB134 / MEMORANDA OF TRUST (FABER, K)To provide that memoranda of trust be executed and acknowledged only by the trustee of the trust instead of both the settlor and trustee.
Current Status: / 9/19/2007 - REPORTED OUT
SB153 / ACCIDENT MINIMUM FINANCIAL LIMITS (SCHULER, R)To increase the minimum financial limits for bodily injury for one person injured in an accident, for all bodily injuries in one accident and for the property damage maximum in one accident.
Current Status: / 4/25/2007 - Referred to Insurance, Commerce and Labor Committee
SB157 / GUARDIANS (BUEHRER, S)To specifically authorize a person to designate a guardian for the person's incompetent adult child.
Current Status: / 6/25/2007 - 6/25/2007 - House Judiciary, (First Hearing)
SJR1 / TAKING OF PRIVATE PROPERTY (COUGHLIN, K)Provide limits on the power of a public authority to take private property for public use.
Current Status: / 6/27/2007 - BILL FAILED
BILLS INTRODCUED SINCE SEPTEMBER 6, 2007
HB305 / ELECTRIC DISTRIBUTION(BLESSING, L) To continue an electric distribution utility's current rate stabilization plan until the Public Utilities Commission determines there is effective competition in retail generation service within the utility's distribution territory and to require the Commission to ensure adequate generating capacity in Ohio through specified means.
HB306 / FINGERPRINTING(LATTA, R) To require all law enforcement agencies to take and process the fingerprints of persons arrested for specified offenses and to amend the court's role in ordering fingerprints to be taken from persons who were not fingerprinted when arrested or taken into custody.
HB307 / COURT COSTS-TRAFFIC LAWS(WILLIAMS, S) To require the Bureau of Motor Vehicles to establish a procedure allowing courts to apply for money from the Financial Responsibility Compliance Fund to cover costs incurred by the courts in connection with the enforcement of the traffic laws.
HB308 / IMMIGRATION STATUS(DODD, D) To require in specified situations the verifications of immigration status of persons who are not United States citizens, to impose state income taxes at a rate of six per cent per annum on the compensation of specified independent contractors who fail to document such certification, and to restrict the employment, transport, post-secondary education benefits, driver's licenses and identification cards, and receipt of public benefits of persons who are not legal residents of the United States.
HB309 / MANUFACTURED HOMES(FOLEY, M) To make changes to the law governing manufactured homes.
HB310 / MOTOR VEHICLE OPERATION(YUKO, K) To prohibit a person who is no operating a motor vehicle from fleeing from a law enforcement officer who gives a lawful order to stop and to increase the minimum penalty for fleeing and eluding a police officer in a motor vehicle after receiving a visible or audible signal to stop.